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2022.01.05 Motion for Summary Adjudication 007
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.01.05
Excerpt: ...st is GRANTED. The court takes judicial notice of: 1. The Grant Deed to Young Joong Ko recorded on 12/3/02, as Inst. No. 02-2027717 at the County Recorder's Office for the County of Los Angeles; 2. The Deed of Trust in favor of Washington Mutual Bank, FA recorded on 9/24/04, as Inst. No. 04-2459602 at the County Recorder's Office for the County of Los Angeles; 3. The Equity Line of Credit Deed of Trust in favor of Washington Mutual Bank, FA recor...
2022.01.05 Motion for Approval of PAGA Settlement 888
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.01.05
Excerpt: ...t. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code. §2699(l)(2); see Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [noting in passing that “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.”].) “[N]either the California legislature, nor the California Supreme Court, nor the Cali...
2021.12.17 Motion for Final Approval of Class Action Settlement, for Attorney Fees 022
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.12.17
Excerpt: ...e 3.769(g), provides for an inquiry into the fairness of the proposed settlement prior to the final approval hearing. After this, the Court must make and enter judgment, including a provision for the retention of the court's jurisdiction over the parties to enforce the terms of the judgment. (See Cal. Rules of Court, Rule 3.769(h).) The class action may not be dismissed once judgment is entered. (See Cal. Rules of Court, Rule 3.770.) All class se...
2021.12.17 Demurrer 032
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.12.17
Excerpt: ...order's Office as Instrument No. 06 2605558 2. Deed of Trust recorded on June 14, 2006 in the Los Angeles County Recorder's Office as Instrument No. 06 1309432 3. Declaration of Jezsica Martinez attached to the Motion for Relief From Automatic Stay under 111 U.S.C. Section 362 ("Real Property") filed on June 22, 2021 in the United States Bankruptcy Court, Central District of California, Case No. 2:21-bk-l 1201-VZ 4. Substitution of Trustee record...
2021.12.15 Motion for Summary Judgment, Adjudication 818
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.12.15
Excerpt: ...ses of action is GRANTED. Cross Complainant's motion for summary adjudication of the fourth and fifth causes of action is DENIED. Cross Complainant's motion for summary judgment is DENIED. The court sets an OSC re Dismissal of Unserved Cross-Defendant and an OSC re Entry of Judgment on January 18, 2022 at 8:30 a.m. Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party ca...
2021.12.14 Motion for Summary Judgment, Adjudication 451
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.12.14
Excerpt: ...ntiff's 6th cause of action for fraud by omission concerning Theta II engine defects in the matter of Maria I. Torres v. Kia Motors America, Inc., No. 18STCV00967 (order filed May 17, 2021). MOTION Defendant moves for summary judgment on the ground all four causes of action fail as a matter of law. First Cause of Action: Violation of Civil Code § 1793.2(d) Civil Code section 1793.2(d)(1) provides: “Except as provided in paragraph (2), if the m...
2021.12.14 Demurrer, Motion to Strike 387
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.12.14
Excerpt: ...dated January 27, 2021 and served by ADR to TONEY and EAFC on February 10, 2021, this Court's 9/13/21 Minute Order Granting and Denying EAFC's demurrer to Petition to vacate, the parties' Agreement to Arbitrate, the Ventura County Superior Court Register of Action, Toney vs. Escrow Agents Fidelity Corp, Case Number: 56-2021-00554543-CU-WM-VTA, Stipulation re Change of Venue submitted on 6/16/21 and filed on 7/7/21, in the Ventura County Superior ...
2021.12.06 Demurrer, Motion to Strike 387
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.12.06
Excerpt: ...EY and EAFC on February 10, 2021, this Court's 9/13/21 Minute Order Granting and Denying EAFC's demurrer to Petition to vacate, the parties' Agreement to Arbitrate, the Ventura County Superior Court Register of Action, Toney vs. Escrow Agents Fidelity Corp, Case Number: 56-2021-00554543-CU-WM-VTA, Stipulation re Change of Venue submitted on 6/16/21 and filed on 7/7/21, in the Ventura County Superior Court, Toney vs. Escrow Agents Fidelity Corp, C...
2021.11.18 Motion for Preliminary Approval of Class and Representative Action Settlement 252
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.11.18
Excerpt: ...(2) the amount of attorneys' fees and costs to award to Class Counsel; and (3) the amount of service awards to the Class Representative. The Court may continue or adjourn the final approval hearing without further notice to the Class.  The deadline for serving notices to class members is December 17, 2021.  The deadline for objecting or opting out is January 31, 2022.  The deadline for class counsel to file motion for final approval of s...
2021.11.18 Demurrer, Motion to Strike 247
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.11.18
Excerpt: ...ys. Demurrer Cross-Defendants' demurrer to the First Amended Cross-Complaint (FACC) as follows: 1. The 1st Cause of Action contains only vague statements about the alleged oral contracts between the parties. These alleged contracts are not described in sufficient detail to inform the cross- defendants of the claims being made against them—and therefore are subject to demurrer. 2. The 2nd, 3rd, and 5th Causes of Action lack the specificity requi...
2021.11.05 Motion for Summary Adjudication 673
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.11.05
Excerpt: ...all material facts that the moving party contends are undisputed.” Each of the material facts in the statement must be “followed by a reference to the supporting evidence.” CCP § 437c(b)(1). The Statement of Undisputed Material Facts must separately identify each cause of action, claim, issue of duty or affirmative defense and each supporting material fact claimed to be without dispute with respect to that cause of action, claim, issue of ...
2021.10.20 Demurrer 003
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.10.20
Excerpt: ..., the adverse claims to the title of the plaintiff against which a determination is sought, the date as of which the determination is sought, and a prayer for the determination of the title of the plaintiff against the adverse claims.” Here, the complaint does not allege any facts that establish that Plaintiff is the rightful owner. Additionally, to establish quiet title, the complaint must also allege adverse claims against the subject propert...
2021.10.07 Motion to Quash Subpoena, Modify Document Demand and Issue Protective Order, for Attorney Fees 395
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.10.07
Excerpt: ... defendants' request for sanctions is denied. Plaintiffs' Objections to Defendants' Separate Statement Plaintiffs object to Defendants' Separate Statement in its entirety. This document is actually a response to the objections to production Defendants asserted in response to the subpoena. As such, plaintiffs do not state any of their own objections for the court to rule on. Defendants' Request for Judicial Notice On reply, defendants request judi...
2021.10.07 Motion for Leave to File FAC 533
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.10.07
Excerpt: ...rt may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” CCP § 473(a)(1); see CCP § 576. The motion must include a copy of the proposed amendment and identify by page, paragraph, and line number any additions to and deletions from the prior pleading. CRC 3.1324. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will...
2021.10.06 Motion for Summary Judgment, Adjudication 960
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.10.06
Excerpt: ...d its burden of production to show triable issues of material fact as to whether defendant requested, by words or conduct, that plaintiff perform services for the benefit of defendant, whether defendant agreed verbally or in writing to pay TTS for legal services in connection with the Danesh Action, and whether defendant made a knowing and false representation to plaintiff. Summary judgment is denied for the same reasons summary adjudication is d...
2021.10.04 Motion to Compel Arbitration 725
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.10.04
Excerpt: ...5 days. Public Policy Strong public policy favors enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25; Aanderud v Superior Court (2017) 13 Cal.App.5th 880, 889; Laymon v J. Rockcliff, Inc. (2017) 12 Cal.App.5th 812, 820. A judge must order arbitration of any dispute that the judge determines is within the parties' arbitration agreement, unless the right to compel arbitration has ...
2021.09.30 Demurrer, Motion to Strike 717
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.30
Excerpt: ...plaint alleged one cause of action for General Negligence. Plaintiffs state that a car accident left them with severe injuries and killed their mother and the individual was not caught for 9 years. After being sent to prison, the perpetrator was released but failed to pay restitution. The complaint alleges the County of Los Angeles was negligent in failing to enforcement the restitution payment. On March 25, 2021, Defendant filed a Demurrer witho...
2021.09.29 Petitions to Confirm Minor's Compromise 031
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.29
Excerpt: ...ripiti (2) by and through his GAL Maria Anai Tiripiti Gonzalezfiled this action against Defendants Ramandeep Singh, Thaminder Singh, Hira Anand LLC, Hoag Property, Management Inc., Atwood Management Inc., and 706 Soto Apartments LLC for damages arising out of injuries sustained as a result of their tenancies at 706 N. Soto Street, Los Angeles, CA 9003. Each minor suffered injuries related to infestations of cockroaches, bedbugs and other insects,...
2021.09.29 Demurrer, Motion to Strike 855
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.29
Excerpt: ...d. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate method for challenging the merits of the plaintiff's case. Tenet Healthsystem Des...
2021.09.28 Demurrer, Motion to Strike 527
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.28
Excerpt: ...50, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate method for challenging the merits of the plaintiff's case. Tenet Healthsystem Desert, Inc. v Blue Cross of...
2021.09.24 Motion for Summary Judgment, Adjudication 723
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.24
Excerpt: ...22 case. The court sets an OSC re Dismissal of All Unserved Defendants for Failure to Serve the Summons and Complaint and an OSC re Entry of Default against all Served, Non-Responding Parties for October 22, 2021 at 8:30 a.m. Summary adjudication is denied. Material Facts 6 – 18 are disputed, defendant has produced no evidence concerning its employees, and defendant has produced no evidence concerning malice, oppression, or fraud. Summary judgm...
2021.09.23 Motion for Summary Judgment, Adjudication 161
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.23
Excerpt: ...ning the first cause of action for violation of federal civil rights under 42 U.S.C. § 1983, defendant County maintains that it is entitled to summary adjudication because County was not deliberately indifferent to plaintiff's medical needs while plaintiff was a prisoner. (CACI 3041.) Based on expert declarations from nephrologist Stuart Friedman, M.D. and family physician, Richard Johnson, M.D., defendant contends that it complied with the stan...
2021.09.17 Demurrer, Motion to Strike 071
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.17
Excerpt: ...ackground On June 11, 2020, Plaintiff Angel Moore (“Plaintiff”) filed a complaint against Defendants Dorothy Mae Medical Clinic, Inc., Michael Singleton, and Does 1 through 50. The complaint alleged five causes of action: (1) Negligence, (2) Negligent Hiring, Supervision & Retention of Employee, (3) Sexual Battery & Assault, (4) Intentional Infliction of Emotional Distress, and (5) Premises Liability. On April 8, 2021, Plaintiff filed a First...
2021.09.16 Motion to Compel IME 229
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.16
Excerpt: ....4th 1435, 1441. Any party may obtain discovery by means of a physical or mental examination of a party to the action, an agent of any party, or a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or person is in controversy in the action. Code Civ. Proc. §§ 2019.010(d), 2032.020(a). A party's right to this discovery is subject t...
2021.09.14 Motion for Judgment on the Pleadings 050
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.09.14
Excerpt: ... Except as provided by CCP § 438, the rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Southern Calif. Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227; Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, ...

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