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2019.12.18 Motion for Interlocutory Judgment 667
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.12.18
Excerpt: ...e, Jr. are each owners of one-sixth of the property as tenants in common, that Nixon is deceased, and that the remaining six co-owners are his only heirs and that no other person has an interest in the property. Plaintiffs also established that they wish to partition the property by sale and to have the proceeds divided. Plaintiffs established that Defendants live in the property and refuse to contribute to the maintenance of the property by payi...
2019.12.18 Motion to Restore Case to Civil Active List 265
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.12.18
Excerpt: ...fs argue the Court interpreted the dismissal as a dismissal of the entire case, which was a misunderstanding. Plaintiffs argue that, assuming their failure to use box 6 on the Request for Dismissal created the ambiguity which resulted in the dismissal of the case, C.C.P. §473(b) provides for mandatory relief. The Court, on October 3, 2019, despite C.C.P. §1010, ordered Plaintiffs to serve “all named defendants,” including those who have mad...
2019.12.6 Demurrer, Motion to Strike 644
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.12.6
Excerpt: ...on for Breach of Written Agreement and Third Cause of Action for Breach of the Implies Covenant of Good Faith and Fair Dealing Defendants argue that the breaches are not pleaded as there was no duty to provide plaintiff with monthly estimates of CAMs and taxes, or a year end accounting of CAMs and taxes paid. Defendants' argument that the requirement that plaintiff pay estimated monthly amounts provided by the lessor did not require them to provi...
2019.12.3 Motion to Compel Arbitration, for Immediate Stay of Judicial Proceedings 024
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.12.3
Excerpt: ...pp.4th 1224, 1233.) In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.) Defendants have provided an employee handbook, which contains the arbitration agreement and which has an ack...
2019.11.15 Demurrer 902
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.11.15
Excerpt: ...posing party of what must be answered. (Scafidi v. Western Loan & Bldg. Co. (1946) 72 Cal. App. 2d 550, 558.) This particularity requirement necessitates pleading facts which show how, when, where, to whom, and by what means the representations were tendered. (Stansfield v. Starkey (1990) 220 Cal. App. 3d 59, 73.) To properly allege fraud as against a corporation, a plaintiff must plead the names of the persons allegedly making the false represen...
2019.11.8 Demurrer, Motion to Strike 799
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.11.8
Excerpt: ...Abuse – Neglect To plead elder abuse, the plaintiff must allege “facts establishing that the defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene or medical care [citations]; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs [citations]; and (3) denied or withheld goods or services necessary to meet the ...
2019.11.8 Motion for Summary Judgment, Adjudication 611
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.11.8
Excerpt: ...ff if plaintiff had not given notice that he was leaving employment with Wesley Allen, what plaintiff said regarding the immigration employee policies, and whether plaintiff's actions were sufficient to support revocation of the employment before it began. The motion for summary adjudication is denied on procedural grounds. Timeliness of Opposition Defendants waived any issue as to the timeliness of the opposition by addressing it on the merits. ...
2019.11.1 Demurrer 689
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.11.1
Excerpt: ...rmined from the complaint whether the contract is written or implied. The complaint quotes verbatim sections of the home protection plan, which has an identification number. An implied contract cannot be quoted as there is nothing to quote. It can be inferred that the contract is written. It is not necessary to attach a written contract to a complaint. The contract may be pleaded by stating the relevant terms. (Construction Protection Services, I...
2019.10.28 Petition to Compel Arbitration 762
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.28
Excerpt: ... beneficiaries of an arbitration agreement.” (Bouton v. USAA Casualty Ins. Co. (2008) 167 Cal.App.4th 412, 424IU. (2007) 153 Cal. App. 4th 892, 896.) “[A] plaintiff's allegations of an agency relationship among defendants is sufficient to allow the alleged agents to invoke the benefit of an arbitration agreement executed by their principal even though the agents are not parties to the agreement.” (Thomas v. Westlake (2012) 204 Cal.App.4th 6...
2019.10.25 Motion for Summary Adjudication 957
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.25
Excerpt: ...ence in support of its interpretation. Summary adjudication is denied as to issue 4 as there is a triable issue of fact as to whether defendant was required to inform plaintiff that if he chose to disassociate the license himself it would enforce the reduction in plaintiff's pending commissions. Objections to Plaintiff's Evidence The objections are overruled. Reply Courts cannot consider moving parties' new evidence filed for the first time after...
2019.10.24 Motion for Sanctions 166
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.24
Excerpt: ...GONZALEZ Plaintiff Jeff Pomarico's Motion for Sanctions against Defendants Cedars Sinai Medical Center, Zachary Zumsteg, MD and their Counsel of Record, Michael D. Gonzalez and the Law Office of Michael D. Gonzalez is DENIED. FACTUAL BACKGROUND This is an action for medical negligence and products liability. Plaintiff Jeff Pomarico alleges that he has throat cancer. (FAC ¶ 7.) On November 12, 2015, he was admitted to Defendant Cedars Sinai Medic...
2019.10.24 Demurrer 686
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.24
Excerpt: ...can Contractors Indemnity only. Plaintiff may file an amended complaint within 20 days. Demurrer to the First Cause of Action for Breach of Contract Defendants Mr. Green Electric, Inc. and Gary Iraev argue that it cannot be determined whether the contract is oral, written or implied, who the parties to the contract are, and which defendant committed which breaches, and that there is no allegation that plaintiff performed or was excused from perfo...
2019.10.22 Demurrer, Motion to Strike 343
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.22
Excerpt: ...th and fourteenth causes of action are sustained without leave to amend. The motion to strike portions of the complaint is taken off calendar as moot. Plaintiff is to file an amended complaint within 20 days. Timeliness of the Opposition Defendant waived any issue as to the timeliness of the opposition by addressing it on the merits. (Carlton v. Quint (2000) 77 Cal. App. 4th 690, 697.) First Cause of Action for Fraud, Second Cause of Action for C...
2019.10.8 Motion to Compel Arbitration, to Strike Complaint 822
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.8
Excerpt: ...laint alleges that plaintiff entered into a written contract with defendants to defend them in civil lawsuits. Plaintiff performed and defendants failed to pay. The complaint alleges causes of action in: (1) account stated; (2) closed book account; (3) breach of contract; (4) breach of contract; and (5) closed book account. The cross-complaint alleges that plaintiff settled one matter without defendants' authorization which provided plaintiff wit...
2019.10.8 Motion to Quash Subpoena for Production of Business Records, for Sanctions 046
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.8
Excerpt: ... used defendants and deceased partner Timothy Devine for their tax and financial planning needs. After Devine's death in 2015, defendants assured plaintiffs they would continue to take care of everything. Defendants failed to file tax returns for individual defendants, and failed to include pass-through income on the corporate return. Plaintiffs incurred substantial penalties and interest and had to hire an expert to deal with the IRS and Franchi...
2019.10.8 Demurrer 343
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.8
Excerpt: ...ion are sustained without leave to amend. Plaintiff is to file an amended complaint within 20 days. <002d0044004a0058004400 001500130013001a000f> which was registered in February 2008. The vehicle came with a seven year warranty. In 2015 plaintiff purchased the Jaguar Land Rover vehicle protection plan, which he was told covered everything except rims. Plaintiff started having problems with the transmission and communication center and brought th...
2019.10.7 Demurrer, Motion to Strike 285
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.7
Excerpt: ... accepted excess rent. Plaintiff began renting the property in 1991, and the rent was illegally increased in 1993, 1997, 1998, <001b000f00030015001300 000f0003001500130014>2, 2013, 2014, 2015, by the former owner and by defendant in 2018. Because of the number of illegal rent increases, plaintiff cannot determine the amount of rent she should be paying. The complaint alleges causes of action in: (1) violation of LAMC, §§151.04, 151.10, (2) decl...
2019.10.7 Motion to Compel Further Responses, for Sanctions 598
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.7
Excerpt: ...g and false information about plaintiff. Defendant concealed partnership projects from plaintiff. Defendant used partnership money for his personal business. The complaint alleges causes of action in: (1) breach of fiduciary duty; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) negligence; (5) fraud; (6) negligent misrepresentation; (7) intentional interference with prospective advantage; (8) misappr...
2019.10.4 Motion to Modify Preliminary Injunction, for OSC Re Contempt for Violation of Preliminary Injunction, for Attorney Fees 546
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.4
Excerpt: ...lis in November 2009. Both had access to sensitive and confidential information, and signed confidentiality agreements. Plaintiff also used outside sales agents including defendants Engineered Specification Products, Inc. and its principals Arena and Dennis. Murickan left employment in 2011 and DeChellis in 2013. Both went to work for defendant Pioneer Custom Electrical Products Corp. In December 2013 plaintiff found Engineered began promoting Pi...
2019.10.3 Demurrer 702
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.3
Excerpt: ...Action for Slander of Title Slander of title requires publication; without privilege or justification; which is false; and causes direct and immediate pecuniary loss. “ ‘If the matter is reasonably understood to cast doubt upon the existence or extent of another's interest in land, it is disparaging to the latter's title where it is so understood by the recipient….'” (M.F. Farming, Co. v. Couch Distributing Co. (2012) 207 Cal.App....
2019.10.2 Demurrer, Motion to Strike 503
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.2
Excerpt: ...0300 0003003500480044004f[ Estate Services filed an unlawful detainer action against plaintiff. The other defendants in this action were not parties to the unlawful detainer. Plaintiff filed an answer on February 19, 2019 denying the allegations and stating affirmative defenses of retaliation and discrimination on the basis of race. The unlawful detainer trial took place on April 22, 2019. The judge made the following finding: the defendant “ha...
2019.10.1 Motion to Quash or Limit Subpoenas or for Protective Order, for Sanctions 736
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.1
Excerpt: ...y. As to the 2018 claim, the initial claim or other documents reciting the facts underlying the injury claimed. Information in the documents other than the facts underlying the injury may be redacted. As to the 2016 claim, billing records, payment history, benefits, benefit explanations, and policies are excluded from production. The subpoenas seek virtually all records in plaintiff's three claims for workers compensation. Defendant argues the re...
2019.10.1 Demurrer, Motion to Strike 326
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.10.1
Excerpt: ...; (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) In California, fraud, including negligent misrepresentation, must be pleaded with specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) “The particularity demands that a plaintiff plead facts which show how, when, where, to w...
2019.4.30 Motion for Leave to Amend 377
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.30
Excerpt: ...ram for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations, assumed to be true and liberally co...
2019.4.29 Motion to Quash Lien, for Sanctions 109
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.29
Excerpt: ...Noah's makes two arguments that the lien should not be quashed: (1) Value Meats was a party to the action and (2) no claim of exemption was timely filed. Even if there has been an assignment for the benefit of creditors, a judgment creditor may seek collection of the judgment from any assets not part of the assignment of the judgment debtor. (Lacy v. Gunn (1904) 144 Cal. 511, 518.) The original complaint was filed in the name of Value Meats. The ...
2019.4.26 Motion to Compel Further Responses, for Sanctions 319
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.26
Excerpt: ...ntiff Anthony Kling and his attorney David Knieriem, jointly and severally, in the amount of $3520 Plaintiff requests the replies be stricken as they were not sent to the address of record for him. The replies were properly sent to the address of record of co-counsel, and plaintiff received the replies. The request is denied. Meet and Confer Defendant sent a meet and confer letter. Plaintiff did not respond. Defendant properly requested an IDC, w...
2019.4.25 Demurrer, Motion to Strike 351
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.25
Excerpt: ...s that a purchaser of a product that does not live up to the buyer's expectations can only recover in contract and not tort, “unless [the purchaser] can demonstrate harm above and beyond a broken contractual promise.” (Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1130 (quoting Robinson Helicopter Company, Inc. v. Dana Corporation (2004) 34 Cal.4th 979, 988).) A tort claim for fraud must be sufficiently i...
2019.4.24 Motion to File Documents Under Seal, for Summary Judgment, Adjudication 393
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.24
Excerpt: ...de complaints of unsafe conditions throughout his employment, that some complaints were acted upon and with others plaintiff received pushback for making the complaint, that plaintiff made two complaints and was terminated within two months. Summary adjudication is DENIED as to issues 2, 4 and 6 as there are triable issues of fact as to whether plaintiff can establish pretext, including whether plaintiff did obtain NDA's for the pictures he sent ...
2019.4.22 Motion for Attorneys' Fees 946
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.22
Excerpt: ...complaint against Defendants A. Cecilie Boysen (“Boysen”), Soren N. Madsen (“Madsen”), Robert Vartzar (“Vartzar”), Adena Asatoorian (“Asatoorian”), and Does 1 through 20 for (1) declaratory relief; (2) quiet title; (3) equitable lien; (4) restitution; and (5) trespass. On October 15, 2018, Defendants Boysen and Madsen (collectively “Defendants”) filed a special motion to strike the complaint. On November 27, 2018, the Court gr...
2019.4.19 Motion for Summary Judgmentt, Adjudication 369
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.19
Excerpt: ... Resolutions, Agendas, Minutes, email correspondence, notice of approval, letter, building permits and other permits/applications, Los Angeles County Assessor's Map, <0015000f00030016000f00 00030015001c000f0003[30, 31, 32, 33, 34, 35, 36, 44, 45, <001c000f0003001a001300 000f0003001a0016000f[ and 74.) Defendant's evidentiary objections to the declaration of Plaintiff Anne Cecilie Boysen are overruled as to ¶¶4, 6, 7, 8, and 13, and sustained as ...
2019.4.18 Motion to Stay 421
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.18
Excerpt: ...tween: Bronzelink Holdings Limited (Claimant) and STM Atlantic N.V., Emil Youssefzadeh, Umar Javed, and Global-IP Cayman (Respondents)) (the “Arbitration”), which is currently proceeding before the Hong Kong International Arbitration Centre. Defendant's request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters asserted within the complaints and motion. (D-RJN, Exhibits 1, 2, and 4.) C...
2019.4.16 Motion to Compel Compliance with Subpoenas for Medical Records 056
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.16
Excerpt: .... “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena...
2019.4.15 Motion for Judgment on the Pleadings 472
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.15
Excerpt: ...e of the complaint or from a matter of which the court may take judicial notice.” (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion fo...
2019.4.15 Motion to Compel Further Responses, for Sanctions 898
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.15
Excerpt: ... well as any and all reasons that her employment ended and all documents that relate to any action taken as a result of any complaints or concerns about plaintiff or any action or conduct by plaintiff. Defendant redacted the names and contact information of the tenants or prospective tenants making the complaints, which apparently was at least part of the reason given for plaintiff's termination. Plaintiff is seeking unredacted copies of tenant c...
2019.4.15 Motion for Evidence and Issue Sanctions and Monetary Sanctions 406
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.15
Excerpt: ...nsurance companies. The complaint alleges causes of action in: (1) Insurance Code section 1871.7; and (2) violation of Business & Professions Code section 17200. Defendant Dr. James Hamada was ordered to provide further responses to written discovery on November 19, 2019. No responses have been received. He was also ordered to pay sanctions and has not paid. Plaintiffs are seeking the following issue and evidence sanctions: 1. Hamada conspired wi...
2019.4.12 Motion for Summary Judgment, Adjudication 687
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.12
Excerpt: ...nted by an attorney, that there was examination of witnesses under oath, and that plaintiff did not appeal by filing for a writ of mandate, which collaterally estops her from bringing this action. Plaintiff's response to the motion does not conform to the requirements of Rules of Court, rule 1.1350. The court is inclined to address the motion on the merits, as the failure to comply with the rules does not significantly impact the ability to deter...
2019.4.10 Demurrer 362
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.10
Excerpt: ... the code section, only employer liability. In 2013 the Legislature amended §1102.5 to add “or any person acting on behalf of the employer” wherever “employer” appeared in the section. At the same time, Labor Code §1103 stated that an employer or person acting on behalf of an employer was guilty of a misdemeanor for violating the chapter. However, Labor Code §1104 states that the employer is responsible for the acts of its manager, off...
2019.4.9 Demurrer 341
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.4.9
Excerpt: ...ce is not compulsory when a party furnishes the Court with insufficient information in support of the request. (Leibert v. Transworld Systems, Inc. (1995) 32 Cal.App.4th 1693, 1700.) Defendants request judicial notice of uncertified, unauthenticated copies of documents. The request for judicial notice is denied. First Cause of Action for Violation of Civil Code §2923.5 This cause of action alleges plaintiff received no notification from defendan...
2019.3.29 Motion to Compel Deposition of Person Most Knowledgeable 612
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.29
Excerpt: ... visually impaired. Defendants object on the grounds that the person most knowledgeable is a resident of the United Kingdom, and must be given notice there and the deposition must take place there. “A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any other officer, unless the <0003019a015d0175011e00 015d0110011e0358035fL (Code Civ. Proc., § 1...
2019.3.28 Motion to Expunge Lis Pendens 314
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.28
Excerpt: .... Proc., § 405.30) A real property claim is one in which, if meritorious, would affect the title to, or the right of possession of, specific real property. (Code Civ. Proc., § 405.4.) Evidence or declarations may be filed with the motion to expunge the notice. (Code Civ. Proc., § 405.30.) In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a prepondera...
2019.3.27 Motion to Compel Further Production of Docs 816
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.27
Excerpt: ...aintiff seeks only the forms, to establish a reporting pattern by ING in 2010 for purposes of punitive damages. The issue of third-party privacy was resolved by the redaction of all identifying information from the forms. Defendant objects on the grounds production would be burdensome. Defendant has submitted evidence that it would take more than one week of employee time and two to three weeks of attorney time to compile and redact the forms. As...
2019.3.26 Motion for Leave to File Amended Complaint 546
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.26
Excerpt: ...evelop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.” (Mabie <00b3003e002c0040005700 004f0048005900440051[t that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts….”'” (Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 761.) "[I]f an amendment is appropriate the trial Court should continue the trial if necessary, ...
2019.3.22 Demurrer, Motion to Strike 783
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.22
Excerpt: ...bility Retaliation, Fourth Cause Of Action For Violation Of CFRA, Fifth Cause of Action for Failure to Engage in the Interactive Process, Sixth Cause of Action for Failure to Accommodate, Seventh Cause of Action for Age Harassment, Eighth Cause of Action for Age Discrimination and Ninth Cause of Action for Age Retaliation Defendants argue that these causes of action are not pleaded with sufficient specificity, as required for a FEHA claim. In ple...
2019.3.22 Motion to Compel Further Responses, for Sanctions 670
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.22
Excerpt: ...m June 20, 2016 to the present. Demand No. 58: “Please produce any and all EMAILS which refer, relate, or in any way pertain to Plaintiff from June 1, 2016 through the date that YOU respond to this demand. This includes not only EMAILS to and from Plaintiff, but also EMAILS between any of YOUR employees and/or agents wherein Plaintiff is discussed or mentioned. Defendant objected on grounds that the requests were overbroad, vague and ambiguous ...
2019.3.21 Demurrer 942
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.21
Excerpt: ...nly mandated to keep full records for six years. Laches requires an unreasonable delay and prejudice to the defending party. (In re Marriage of Powers (1990) 218 Cal. App. 3d 626, 642.) It is generally a question of fact. (Highland Sprins Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 282.) FINRA argues that its rule 2080 sets out the criteria for expungement, and because of the lack of records from the time of the co...
2019.3.19 Demurrer 698
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.19
Excerpt: ...claration of Sergio Miralda filed on July 3, 2017 is DENIED. “The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-05.) “The ...
2019.3.14 Motion to Compel Arbitration 200
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.14
Excerpt: ...ding court action arising out of the same transaction or series of related transactions, in which there is a possibility of conflicting rulings on a common issue of law or fact. (Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 704-705; Birl v. Heritage Care, LLC (2009) 172 Cal. App. 4th 1313, 1318; Best Interiors, Inc. v. <004b000300140016001500 000c> In applying Code of Civil Procedure §1281.2(c), judges m...
2019.3.13 Demurrer, Motion to Strike 194
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.13
Excerpt: ...uments, Plaintiff has failed to include indispensable parties, and the claims are insufficiently pled. On March 5, 2019, Plaintiff filed a First Amended Complaint. This would generally be untimely under CCP section 472. (Code Civ. Proc., § 472(a) (“A party may amend its pleading once without leave of the court . . . after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is fil...
2019.3.13 Motion for Protective Order 580
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.3.13
Excerpt: ...rotective order. As the moving party, Defendant bears the burden to show good cause for the protective order sought. (Emerson Elec. Co. v Sup. Ct. (1997) 16 Cal.4th 1101, 1110.) General Motors has not established good cause for the protective order it seeks. The declaration of Huizhen Lu addresses only categories of documents which may be requested, and some of which may contain confidential information and/or trade secrets. This is not sufficien...
2018.8.3 Motion for Leave to Intervene 494
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2018.8.3
Excerpt: ...on “if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by existing parties.” (Hodge v. Kirkpatrick Development, Inc. (2005) 130 Cal. App. 4th 540, ...

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