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2022.07.05 Motion to Quash Deposition Subpoena for Personal Appearance and Production of Business Records, for Monetary Sanctions 416
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.07.05
Excerpt: ...n of Business Records Issued to Kaiser Permanente, Request for Monetary Sanctions is GRANTED. The Court imposes sanctions against Plaintiffs and their counsel of record, jointly and severally, in the amount of $3,150.00 payable to Defendant, via its counsel of record, within 60 days. Background On July 28, 2020, Plaintiffs Reference Watch LLC, Courtney Ormond, and Leszek Garwacki filed this action against Defendant Jewelers Mutual Insurance Compa...
2022.07.05 Motion to Compel Further Deposition of PMK 524
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.07.05
Excerpt: ...om Bell's Redlands Chrysler Dodge Jeep Ram) (“Tom Bell”) for (1) violation of subdivision (d) of Civil Code Section 1793.2, (2) violation of subdivision (b) of Civil Code Section 1793.2, (3) violation of subdivision (A)(3) of Civil Code Section 1793.2, (4) breach of express written warranty (Civ. Code, § 1791.2, Subd. (a); § 1794), (5) breach of implied warranty of merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (6) fraudulent in...
2022.07.05 Motion to Compel Arbitration and Stay Action 522
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.07.05
Excerpt: ...eement, and the 2015 Agreement states it supersedes all prior arbitration agreements, (Rubalcava Decl. Ex. B § 6), the Court orders the parties to arbitration pursuant to the terms of the 2015 Agreement. This action is STAYED pending the outcome of arbitration. A Status Conference re Initiation of Arbitration is scheduled for August 11, 2022 at 8:30 a.m. Background On November 18, 2021, Plaintiff Jose Antonio Cordova filed this action against De...
2022.07.01 Demurrer to SAC, Motion to Strike 092
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.07.01
Excerpt: ...e request to strike either the sixth or eighth cause of action as duplicative, as well as paragraphs 71 and 84 and otherwise DENIED. Background On October 15, 2021, Plaintiff Jane Doe filed this action. The operative Second Amended Complaint, (“SAC”), names Empire View Homes, LLC, CREI Manager, LLC, and Steven Raymond Short as Defendants. The SAC asserts twelve causes of action arising out of Plaintiff's tenancy at a residential property owne...
2022.06.30 Motion to Set Aside Dismissal 740
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.30
Excerpt: ...or any cloud on Plaintiff's title thereto. The First Amended Complaint, filed on March 19, 2021, asserted causes of action for: (1) quiet title; (2) intentional interference with contract; (3) negligent interference with contract; (4) intentional misrepresentation; (5) declaratory relief; (6) breach of oral agreement; (7) retaliation in violation of public policy; (8) undue enrichment; and (9) money had and received. Plaintiff alleged that Defend...
2022.06.30 Motion to Expunge Notice of Pending Action 788
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.30
Excerpt: ...e causes of action: (1) Financial Elder Abuse, (2) Accounting, (3) Conversion, (4) Intentional Misrepresentation, (5) Negligent Misrepresentation, (6) Cancellation of Instrument, (7) Constructive Trust, (8) Breach of Oral Contract, and (9) Quiet Title. Plaintiffs allege that Defendant wrongfully obtained a Quit Claim Deed of the subject property from their mother prior to her death. Plaintiffs allege that Defendant is intending to sell the subjec...
2022.06.30 Motion to Bifurcate Trial on Threshold Issue of Coverage 225
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.30
Excerpt: ...ex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations of uninhabitable conditions at the Property which was managed by Tur...
2022.06.29 Motion to Continue Trial 338
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.29
Excerpt: ... April 3, 2023 at 8:30 a.m. and the trial is CONTINUED to April 17, 2023 at 10:00 a.m. Background On February 10, 2020, Plaintiff Sergey Knazev filed this action against Proactive Construction, LLC, Donnie Matthew Stallman dba “Proactive Construction”, and Business Alliance Insurance Company, as Surety for Proactive Construction, LLC asserting claims for breach of contract, negligence, fraud, conversion, declaratory relief, and unfair competi...
2022.06.29 Motion to Compel Further Responses 173
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.29
Excerpt: ...ntiff Joseph Scamardo, by and through his Successor in Interest Briana Scamardo, filed this action against Defendants Pacific View of Ventura, Inc. and Yaacov Isaacs. The complaint asserts causes of action for elder abuse, negligent hiring and supervision, and negligence arising out of Joseph Scamardo's residence in Defendants' residential care facility. Motion to Compel Further Responses Plaintiff moves the Court to compel further responses to S...
2022.06.29 Motion for Summary Judgment, Adjudication 584
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.29
Excerpt: ...., 5445 Lankershim Boulevard Apartment Investors, LLC, NOHO 14. The First Amended Complaint asserts causes of action for: (1) Conversion, (2) Trespass to Chattel, (3) Breach of Contract, (4) General Negligence, (5) Constructive Eviction, and (6) Violation of Business and Professions Code § 17200. Plaintiffs allege that after a pipe burst in the Plaintiff's unit, the Defendants needed to enter the repair. However, after entering it, the Defendant...
2022.06.28 Motion for Attorney Fees 433
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.28
Excerpt: ...ons to tax. Background On April 9, 2019, plaintiffs Bryan Albright and Tracy Germain (“Plaintiffs") filed a complaint against defendants Mercedes-Benz USA, LLC, and Keyes European, LLC, alleging breach of express and implied warranty obligations under the Song-Beverly Consumer Warranty Act. On September 20, 2021, Plaintiff filed a Notice of Settlement of Entire Case. Motion On June 3, 2022, Plaintiffs filed the instant motion for attorneys' fee...
2022.06.28 Demurrer 880
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.28
Excerpt: ... After several Doe substitutions, the Complaint asserts causes of action for breach of employment agreement and declaratory relief against Defendants Kaiser Permanente, Medipro Medical Staffing, Southern California Permanente Medical Group, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and AMN Healthcare, Inc. APlaintiff alleges she is a Registered Nurse, immediately employed by Medipro, who entered into a written employment c...
2022.06.28 Motion to Quash Service of Summons 331
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.28
Excerpt: ...ywood Blvd. Los Angeles, CA 90028. Motion On April 18, 2022, Specially Appearing Defendant Diego Gonzalez filed a motion to quash service of summons and complaint arguing Plaintiff failed to serve him via personal service or substitute service as alleged in the proof of service of summons filed on March 10, 2022. Evidentiary Objections Each of Defendant's evidentiary objections in reply are OVERRULED. Request for Judicial Notice In opposition, Pl...
2022.06.28 Motion to Quash Subpoena for Production of Business Records, for Attorney Fees and Sanctions 514
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.28
Excerpt: ...ess Records to Betty J. Smith; Request for Attorney's Fees and Sanctions Against Defendants and/or Their Attorneys of Record in the Amount of $3600 is DENIED in its entirety. The Court declines to impose sanctions. Background On July 18, 2018, Plaintiff Tabitha Lawson filed a complaint against Defendant Los Angeles Unified School District. The complaint alleged eight causes of action: (1) Discrimination, (2) Failure to Reasonably Accommodate, (3)...
2022.06.27 Motion for Attorney Fees 925
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.27
Excerpt: ...ndividually and as trustee of the Stewart Family Trust, the Stewart Family Trust, and Robert Stewart. The complaint asserted causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) declaratory relief; (4) specific performance; (5) unjust enrichment; and (6) violation of Civil Code section 1942.5. On October 5, 2021, the Court issued its ruling after trial. The Court entered judgment on ...
2022.06.23 Motions to Quash Deposition Subpoenas 612
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.23
Excerpt: ...., Kitross Apparel Los Angeles, LLC, and Christopher Lee. Plaintiff alleges Defendant Fraiser Ross promised to share proceeds from their partnership and two lawsuits Ross was involved in. After the parties created a successful business, Ross allegedly looted Kitross Apparel Los Angeles, LLC and secretly settled the portions of the lawsuits to avoid paying Plaintiff. On November 18, 2020, Plaintiff filed the operative First Amended Complaint, (“...
2022.06.23 Motion to Set Aside Entry of Default, for Trial Preference 728
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.23
Excerpt: ...d This action arises from Defendant's tree roots crashing onto Plaintiff's property, causing damages. On August 11, 2021, Plaintiff Mary J. Kling, individually and as assignee of Cliffwood LLC filed a complaint against Defendant 170 Cliffwood LLC for (1) negligence and (2) trespass. On November 10, 2021, the Court (Judge Mooney in Dept. 68) denied Plaintiff's motion for trial preference without prejudice. On March 24, 2022, default was entered ag...
2022.06.23 Motion for Leave to File FAC 339
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.23
Excerpt: ...int alleged three causes of action: (1) Recovery of Possession of Personal Property, (2) Conversion, and (3) Violation of Penal Code § 496(b). Plaintiff owns an antique business and buys and sells various items. Plaintiff's business was burglarized and some of the items stolen were listed by Defendant pawn shops on eBay. Defendants have failed to withdraw claim to title and/or possession of two of the stolen items. Plaintiff moves the Court for ...
2022.06.22 Motion to Consolidate 868
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.22
Excerpt: ...l as in 21STCV38453 and 22STCV02995. (Cal. R. Ct., rule 3.350(c).) The parties shall file all subsequent documents in the lead case only. (Ibid.) The parties are reminded to comply with California Rules of Court, rule 3.350(d) in captioning all future documents. Background and Cases at Issue On October 13, 2021, Plaintiff Hubert Bordenave, individually and as trustee of the Hubert J. Bordenave Revocable Trust, filed this action against Defendants...
2022.06.22 Motion to Compel Further Responses 239
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.22
Excerpt: ...ponses without objection consistent with the Court's ruling herein within 20 days. Background On August 22, 2019, Plaintiff The Wonderful Company LLC, on behalf of itself and other similarly situated, filed a complaint against Defendants Anthem Blue Cross Life and Health Insurance Company and Lucile Packard Children's Hospital Standard. The operative First Amended Complaint asserts causes of action for: (1) breach of the implied covenant of good ...
2022.06.22 Demurrer 247
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.22
Excerpt: ... a single cause of action for malicious prosecution arising out of allegations that Defendants initiated a civil action, LASC Case No. BC715411, for breach of warranty of habitability, negligence, nuisance, and intentional infliction. Plaintiffs allege that case should not have been filed because a binding settlement agreement related to a prior unlawful detainer action precluded such claims. Plaintiff Levik Amirkhanian It appears Plaintiff Levik...
2022.06.20 Motion to Compel Further Responses 018
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.20
Excerpt: ...2.1, 12.6, and 12.7 within 20 days. Defendant Shlomo Rechnitz and his counsel of record, jointly and severally, are ordered to pay sanctions to Plaintiff , by and through counsel of record, in the amount of $1,110, within 20 days. Background On August 30, 2021, Plaintiff Angela Shalome Streat Wilson, by and through her Guardian ad Litem, Megan Frilot filed this action against Defendants Shlomo Rechnitz, The Healthcare Center of Down, LLC, Rechnit...
2022.06.20 Motion for Sanctions 682
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.20
Excerpt: ...ldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Manuel Lozano, Michael Taylor, and Benjamin Martinez: (1) wrongful termination of employment in violation of Labor Code § 1102.5 (wage complaints); (2) wrongful termination of employment in violation of Labor Code § 1102.5 (fraud complaints); (3) discrimination on the basis of race in violation of FEHA; (4) harassment on the basis of race in violation of FEHA; (5) retaliation on the basis of...
2022.06.15 Motion for Summary Judgment, Adjudication 225
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.15
Excerpt: ...s action were residents the previously noted apartment complex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations of uninh...
2022.06.15 Demurrer, Motion to Strike 213
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.15
Excerpt: ...ns; Baskin-Robbins USA, LLC (a Delaware corporation); Mohammed Isfaq Khah, and Does 1-50. The Complaint alleges the following: 1. Harassment based on Sexual Orientation (Gender) (Govt. Code § 12940(j)1) 2. Disparate Treatment (Gender Discrimination) (Govt. Code § 12940(a)) 3. Failure to Prevent Harassment in Violation of Government Code Section 12940(k) 4. IIED 5. Civil Assault 6. Constructive Termination 7. Retaliation in Violation of Governme...
2022.06.14 Demurrer, Motion to Strike 584
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.14
Excerpt: ...s of the Brian & Michelle McGoldrick 2013 Trust dated May 28, 2013 (“The McGoldricks”) allege as follows: The McGoldricks own the property located at 1946 Foothill Boulevard in La Canada-Flintridge, California; Defendants Leonard B. Torres and Anita Susan Brenner, individually and as Co-Trustees of the Torres Family Living Trust U/D/T 9/28/99 (“The Torres”) own the adjacent property located at 1944 Foothill Boulevard in La Canada-Flintrid...
2022.06.14 Motion to Compel Responses, for Sanctions 935
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.14
Excerpt: ... Documents, Set One, and Request for Sanctions is GRANTED. Plaintiff Amber Awni is ordered to serve verified, code compliant responses within 20 days and to produce all responsive documents within 30 days. All objections are deemed waived. Amber Awni and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant Lion Real Estate Group, LLC, by and through counsel of record, in the amount of $400, within twenty days. ...
2022.06.14 Motion for Discovery of Peace Officer Personnel Records 980
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.14
Excerpt: ...ession of the records, a description of the records, and the party who is seeking the records, as well as time and place of the hearing. (Evid. Code § 1043, subd. (b)(1).) The motion must be accompanied by a declaration: showing “good cause” for disclosure of the records; setting forth the materiality of the records; and stating upon reasonable belief that the governmental agency has the requested documents. (Evid. Code § 1043, subd. (b)(3)...
2022.06.10 Motion to Compel Further Responses, for Sanctions 018
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.10
Excerpt: ...nt is ordered to serve verified, code compliant responses to Special Interrogatory 54 within 5 days of notification of the identification of the mailing house. Defendant and its attorney of record, jointly and severally, are ordered to pay sanctions to plaintiff, by and through counsel of record, in the amount of $3,060, within twenty days. Background On August 30, 2021, Plaintiff Angela Shalome Streat Wilson, by and through her Guardian ad Litem...
2022.06.03 Motion for Summary Adjudication 068
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.03
Excerpt: ...eging six causes of action: (1) violation of Labor Code §§ 1182.12-1194 (minimum wage), (2) violation of Labor Code § 226(a) (non-compliant wage statements), (3) violation of Labor Code §§ 200-204 (waiting time penalties), (5) unjust enrichment, and (6) quantum meruit. Plaintiff served in an Of Counsel role for Defendants and alleges she was misclassified as an independent contractor. On July 2, 2021, Defendant Zuber Lawler & Del Duca, LLP f...
2022.06.03 Demurrer, Motion to Strike 326
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.06.03
Excerpt: ... Heriberto Polanco filed this action against Defendants FCI Lender Services, Inc. and MTGLQ Investors, L.P. asserting six causes of action under the mortgage provisions of the Civil Code, a claim under Business and Professions Code § 17200, and a claim for cancellation of written instruments. Plaintiff's claims relate to real property located at 12024 Gurley Ave., Downey, CA 90242. On April 14, 2022, Plaintiff dismissed Defendant MTGLQ Investors...
2022.05.31 Motion to Consolidate 755
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.31
Excerpt: ...CV35765. (Cal. R. Ct., rule 3.350(c).) The parties shall file all subsequent documents in the lead case only. (Ibid.) The parties are reminded to comply with California Rules of Court, rule 3.350(d) in captioning all future documents. The court will not be in session on May 31, 2022. If the parties do not submit on this tentative ruling, the hearing will be continued to June 1, 2022 at 8:30 a.m. Background On January 25, 2021, Plaintiff Gloria Br...
2022.05.31 Motion for Terminating Sanctions 973
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.31
Excerpt: ... action against Defendants Medtronic, Inc., and Dana Diment asserting various FEHA and employment related violations based upon Plaintiff's disability. On July 22, 2021, the Court granted attorney Geoffrey C. Lyon's motion to be relieved as counsel for Plaintiff and Plaintiff became an unrepresented litigant. Motion for Terminating Sanctions Defendants Medtronic, Inc. and Dana Diment move the Court to dismiss the complaint with prejudice as a ter...
2022.05.26 Demurrer, Motion to Strike 666
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.26
Excerpt: ...ntry LTD., LLC, JKT, Inc., and Wayne Young. On March 18, 2022, Plaintiff dismissed JKT, Inc. without prejudice. The complaint asserts causes of action for: (1) negligence – wrongful death; and (2) negligence – survivor's action. The complaint alleges Duncan Campbell, a resident at the Mariposa Apartment, died from stab wounds inflicted by Defendant Wayne Young while on the premises. The complaint alleges the owners of the apartment building o...
2022.05.26 Demurrer to FAC 596
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.26
Excerpt: ...021, Plaintiff Ernest Franceschi, Jr. filed this action against Defendants Christopher Baldwin and Gloria Baldwin. The operative First Amended Complaint, (“FAC”), added Defendant Ross Perkal and asserts causes of action for: (1) breach of the implied covenant of good faith and fair dealing; (2) tortious interference with contract; and (3) extortion. The FAC alleges Plaintiff, an attorney, represented Defendant Christopher Baldwin in two lawsu...
2022.05.25 Motion for Determination of Good Faith Settlement 788
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.25
Excerpt: ...ish, finance, and build a new multi- unit residential property. The First Amended Complaint added Victor Franklin Alba as a Plaintiff and California Prime Realty, Inc., Salud B Mangahis, and Sally Mangahis as Defendants. The First Amended Complaint asserts causes of action for: (1) financial elder abuse, (2) breach of contract, (3) breach of fiduciary duty, (4) concealment, (5) conversion, (6) recission of contract, (7) cancellation of instrument...
2022.05.24 Motion to Compel Responses 584
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.24
Excerpt: ...ant to Code of Civil Procedure section 2033.280(c), the Court imposes sanctions in the amount of $392.00 against Plaintiffs Kelvin Mensah and Shamoy Allen, jointly and severally, payable to Defendant Alliance Communities, Inc., via its counsel of record, within 60 days. Pursuant to Code of Civil Procedure section 2033.280(b), “[i]f a party to whom requests for admission are directed fails to serve a timely response, . . . [t]he requesting party...
2022.05.24 Motion for Terminating Sanctions 706
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.24
Excerpt: ... to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc. §§ 2023.010(g); 2030.290(c); 2031.300(c). Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an o...
2022.05.20 Motion to Approve and Enter Consent Judgment 985
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.20
Excerpt: ... 2.1.) The Consent Judgment provides “Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead does not exceed 34 parts per billion (“ppb”) and the level of Cadmium does not exceed 85 ppb” after the effective date of the settlement. (Consent Judgment § 3.1.) These levels are significantly less than the amounts shown by Plaintiff's testing. (Yerousha...
2022.05.19 Motion for Leave to Amend Answer 816
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.19
Excerpt: ...& Safety Code §§ 34183 & 34183.5, et al as well as a complaint for breach of contract. On October 1, 2021, the Court entered an order granting the stipulation for bifurcation of trial “so that the legal issues as to the meaning of portions of the Agreement at issue, including but not limited to paragraph 6, and whether conditions precedent for the payment of passthrough monies have been satisfied, are tried separately from and prior to the is...
2022.05.16 Motion for Terminating Sanctions 492
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.16
Excerpt: ...rd, within 60 days. The requests for terminating, evidentiary, and/or issue sanctions are DENIED. Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc. §§ 2023.010(g); 2030.290(c); 2031.300(c).) Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose a terminating sanction by one of the following orders: (1) An order strikin...
2022.05.16 Demurrer to FAC 709
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.16
Excerpt: ...to the fifth cause of action against Hernandez within 20 days. On November 19, 2021, Plaintiffs James Hawkins and Aliza Hawkins filed this action against Defendants Ricardo Hernandez, Robert Fonesca, Citrine Design Company, American Contractor's Indemnity Company. The First Amended Complaint, (“FAC”), asserts causes of action for: (1) action on surety bond (against American Contractor's Indemnity only); (2) breach of contract; (3) fraud; (4) ...
2022.05.13 Motion to Compel Further Responses, for Sanctions 231
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.13
Excerpt: ... a motion to compel further responses to requests for admissions if an answer to a particular request is evasive or incomplete or an objection to a particular request is without merit or too general. (Code Civ. Proc. § 2033.290(a).) The motion must be accompanied by a good faith meet and confer declaration, (Code Civ. Proc. § 2016.040,) and a separate statement. (Cal. R. Ct., rule 3.1345.) The opposing party bears the burden of justifying any o...
2022.05.13 Motion for Final Approval of Class Action Settlement 252
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.13
Excerpt: ...nt of Cadena's individual claims; (5) $15,000.00 (75% of $20,000 PAGA penalty) to the LWDA; and (5) $9,000 for settlement administration costs to ILYM Group, Inc. Class Counsel is ordered to lodge a proposed Order consistent with this ruling and a separate judgment containing the class definition, release language, and a statement that no class members opted out of the settlement by May 27, 2022. Order Preliminarily Approving Class Action Settlem...
2022.05.13 Demurrer 575
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.13
Excerpt: ...anaging the distribution of Plaintiff's intellectual property through its App on various streaming platforms. Plaintiff alleges it terminated its contract with Streann, but Streann continued to use Luken's intellectual property for Streann's benefit. The complaint asserts causes of action for: (1) intentional interference with contract; (2) intentional interference with economic advantage; (3) misappropriation of trade secrets; (4) conversion; (5...
2022.05.11 Motion to Compel Further Responses, for Sanctions 231
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.11
Excerpt: .... 10, 13, 16, 20-26, and 28-31. The motion is DENIED as to Special Interrogatories Nos. 1-4, and 9. Plaintiff Michael Frazier's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set One Request for Sanctions is GRANTED as to Requests for Production Nos. 16-20, and 26. The motion is DENIED as to Requests for Production Nos. 4, 11, 15, and 21-24. Defendant must provide a verified, complete, code-compliant respon...
2022.05.11 Motion for Attorney Fees 123
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.11
Excerpt: ...ssment in Violation of the FEHA, (2) Sex/Gender Discrimination in Violation of the FEHA, (3) Retaliation in Violation of the FEHA, (4) Failure to Investigate and Prevent Harassment in the Workplace in Violation of the FEHA, (5) Wrongful/Constructive Termination in Violation of Public Policy, (6) Intentional Infliction of Emotional Distress, (7) Negligent Infliction of Emotional Distress, (8) Negligent Supervision and Hiring, (9) Failure to Pay Mi...
2022.05.11 Demurrer to FAA 177
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.11
Excerpt: ...on of rights. Defendant may amend the remaining affirmative defenses within 20 days. Arbitration Defenses – First and Fourteenth Plaintiff demurs to the first and fourteenth affirmative defenses, which state Plaintiff entered into a binding arbitration agreement covering his claims. Plaintiff argues Defendant waived its right to arbitrate and failed to allege sufficient facts to support the arbitration defenses. (Dem. at 7:20-8:26; Reply at 2:2...
2022.05.10 Motion to Set Aside Judgment 965
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.10
Excerpt: ...iff, via its counsel of record, within 30 days. A Case Management Conference is scheduled for June 2, 2022 at 8:30 a.m. in Department 74. Standard Code of Civil Procedure section 473(b) provides an avenue for mandatory relief from the entry of default: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is acc...
2022.05.10 Motion for Summary Judgment, Adjudication 042
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2022.05.10
Excerpt: ...s ordered to serve and lodge a proposed judgment within 10 days. An OSC re entry of judgment is scheduled for June 10, 2022 at 8:30 a.m. Plaintiffs' Evidentiary Objections Plaintiff's objections to the declaration of Patricia Chamberlain are OVERRULED. Plaintiff's Objections Nos. 2-3 to the declaration of April Lloyd are SUSTAINED. The remaining objections are OVERRULED. Plaintiff's objections to the declaration of Duval Cormier are OVERRULED. De...

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