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2021.04.20 Motion to Compel Arbitration 270
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.04.20
Excerpt: ...ch enforcement may be sought by a party to the arbitration agreement. (Code Civ. Proc., § 1280, subd. (e)(1).) The petition to compel arbitration functions as a motion and is to be heard in the manner of a motion, i.e., the facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court's discretion. (Code Civ. Proc., § 1290.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal...
2021.04.16 Demurrer, Motion to Strike 226
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.04.16
Excerpt: ...tional Highway Transportation Safety Administration's website at https://static.nhtsa.gov/odi/tsbs/2016/SB- 10080001-2280.pdf; 2) Recall U01 found on the National Highway Transportation Safety Administration's website at https://static.nhtsa.gov/odi/rcl/2018/RCRIT-18V049-9906.pdf; 3) Recall U02 found on the National Highway Transportation Safety Administration's website at https://static.nhtsa.gov/odi/rcl/2018/RCRIT-18V048-7075.pdf, and 4) Custom...
2021.04.15 Demurrer, Motion to Strike 898
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.04.15
Excerpt: ...c. (“Cirrus”) for (1) violation of the Fair Employment and Housing Act (“FEHA”), (2) violation of California Labor Code § 1102.5, (3) wrongful termination in violation of public policy and (4) violation of labor code. Thereafter, Plaintiff filed a first amended complaint (“FAC”) on March 20, 2019, to clarify the facts asserted in her causes of action. On July 8, 2019, Plaintiff filed a second amended complaint (“SAC”), which incl...
2021.03.23 Motion to Quash Service of Summons, Demurrer 395
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.23
Excerpt: ...d 2/1/21) TENTATIVE RULING The motion to strike regarding Plaintiff's punitive damages prayer is granted with leave to amend. The motion to strike regarding Plaintiff's other factual allegations and/or requests for other remedies/damages is denied. To avoid another appearance, the case management conference scheduled for 4/14/21 may be advanced to this date if the parties agree. See instructions/order re leave to amend and redline version on last...
2021.03.23 Motion for Summary Judgment, Adjudication 295
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.23
Excerpt: ...ed with bipolar 1 disorder in 1995 and was placed on certain medications, including Klonapin and Lithium, for the purpose of controlling the bipolar issues. Plaintiff alleges these medications had successfully controlled his bipolar and related disorders and he was able to successfully obtain a college degree from a high-ranking national university, able to be successfully employed, and have an excellent quality of life while taking these medicat...
2021.03.23 Demurrer, Motion to Strike 032
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.23
Excerpt: ...egal 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, 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 allega...
2021.03.22 Demurrer, Motion to Strike 272
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.22
Excerpt: ...ous conduct. Defendants also move to strike the claims for punitive damages and attorneys' fees in the complaint. Demurrer “The elements of the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and pro...
2021.03.19 Motion for Summary Adjudication 341
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.19
Excerpt: ...seek judicial notice of the following five documents: (1) a true and correct copy of a webpage of the Office of Wage Standards of the City of Los Angeles reflecting the historical and current minimum wage in Los Angeles City, (2) a true and correct copy of the calendar for the year 2017, (3) a true and correct copy of the portion of the applicable DLSE Manual, (4) a true and correct copy of a Labor Commissioner Decision Brumbaugh v. Chain Letter,...
2021.03.18 Motion to Strike 040
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.18
Excerpt: ...time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) In order to state a prima facie claim for punitive damages, a complaint m...
2021.03.18 Demurrer, Motion to Strike 855
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.18
Excerpt: ...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, 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 fac...
2021.03.16 Motion to Amend Judgment 235
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.16
Excerpt: ..., Inc., and Sersin Fernandez. On November 2, 2010, Automation Systems Network filed an amended cross-complaint. On March 2, 2012, the Court dismissed Automation Systems Network's first amended cross-complaint. On March 29, 2013, Plaintiff filed a first amended complaint. On September 26, 2014, the Court entered default judgment against Automation Systems Network in the amount of $1,415,774.60. On November 12, 2020, Plaintiff filed a motion to ame...
2021.03.11 Motion to Compel Deposition, Request for Sanctions 526
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.11
Excerpt: ...ng discovery may move the court for an order compelling that answer. (CCP § 2025.480(a).) For good cause shown, the court may grant leave for a subsequent deposition of that deponent. (CCP § 2025.610(b).) A motion to compel further production at deposition must “be made no later than 60 days after the completion of the record of the deposition.” (CCP § 20225.480(b).) The motion must be accompanied by a separate statement. The statement mus...
2021.03.10 Demurrer 314
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.10
Excerpt: ...NTED IN PART. The court takes judicial notice of the following (Evidence Code §§ 452(c) and (d)):  Minute order dated 12/11/18 in Los Angeles Superior Court case number BC697314  Minute order dated 4/21/14 in Los Angeles Superior Court case number BC472056  Third Amended Complaint filed on 1/23/13 in the matter of Valencia Valley, LLC v Canas, et al., BC472056  Discharge of Debtor filed in bankruptcy case number 2:08-bk-16554-BR ...
2021.03.10 Motion for Summary Judgment 200
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.10
Excerpt: ...lysis Plaintiff's claims against the moving defendants are for legal malpractice and breach of fiduciary duty. “In a legal malpractice action arising from a civil proceeding, the elements are (1) the duty of the attorney to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) act...
2021.03.10 Demurrer, Motion to Strike 146
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.03.10
Excerpt: ...NTATIVE] RULING RE: DEFENDANTS POYA GHASRI AND 10 10 FIGURE HOLDINGS, LLC'S DEMURRER TO THE THIRD AMENDED COMPLAINT AND MOTION TO STRIKE This is an action for wrongful foreclosure. The Second Amended Complaint (“SAC”) alleges that on May 1, 2018, Defendant Seaside Trustee, Inc. (“Seaside”) recorded an executed document entitled Trustee's Deed Upon Sale following a trustee's sale for property belonging to Plaintiff Ricardo Arredondo (“Ar...
2021.02.16 Demurrer 769
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.16
Excerpt: ... 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, 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 ...
2021.02.05 Demurrer 200 (2)
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.05
Excerpt: ... action. Cross Complainant may file a 2 nd amended cross complaint within 15 days. Demurrer 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, 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 t...
2021.02.04 Motion to Stay Proceedings 161
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.04
Excerpt: ..., (2) March 11, 2020 court order as Setoff of Judgment (BC659534), (3) Notice of Entry of Satisfaction of Judgment (BC659534), (4) Amended Notice of Appeal (Florida Action) in 0:17-CV-61019-KMW, (5) Motion to Stay (Florida Action) in 0:17-CV-61019-KMW, (6) Rubinstein/Fab Rock Motion to Stay in BC685560 – Points & Authorities, (7) Declaratory Relief First Amended Complaint (20SMCV01025), (8) Motion to Stay Briefing Schedule and For an Order Requ...
2021.02.04 Motion for Reconsideration, for Relief from Default, for Attorney Fees 524
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.04
Excerpt: ... moves for reconsideration of the August 6, 2020 order granting defendants special motion to strike on the grounds the court did not address all case authority cited, the court did not address a case authority omitted by Plaintiff, and the court did not address defendant's alleged breach of the settlement. Any party affected by a court order may request a reconsideration of that order. (Code Civ. Proc. § 1008(a).) The propounding party must file...
2021.02.03 Motion for Summary Judgment, Adjudication 736
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.03
Excerpt: ...ed an adverse action, whether Plaintiff received assignments based upon the needs of the facility whether Nettles was overconcerned with Plaintiff's sexuality whether Nettles made comments related to Plaintiff's sexuality, whether the workplace was offensive to Plaintiff so much that it caused her to be offended by workplace conduct, whether Nettle and Holguin made certain statements to constitute a sex-biased inference is in direct dispute, whet...
2021.02.03 Demurrer 971
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.03
Excerpt: ... relations and intentional interference with prospective business advantage. Demurrer 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, 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 fac...
2021.02.02 Motion to Compel Arbitration 163
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.02
Excerpt: ...c Policy Strong public policies favor 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 been waived ...
2021.02.02 Demurrer 087
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.02
Excerpt: ... of action on the ground they fail to state facts sufficient to state a cause of action. Defendants demurrer to the 1 st, 2 nd, 3 rd, 4 th, and 5th causes of action on the ground of uncertainty. 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, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LL...
2021.02.01 Motion to Compel Further Responses, for Sanctions 961
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.02.01
Excerpt: ...terrogatories 15.1, 50.1 and 50.2 within 20 days. The requests for sanctions are denied. (2) Plaintiff's Motion to Compel Further Responses to Request for Production and for Sanctions is GRANTED IN PART. The motion to compel further responses is GRANTED. Defendant is ordered to serve verified, code compliant responses to requests 2, 3, 7, 21-22, 24-34, and 37-46within 20 days and to produce all responsive documents within 30 days. To the extent D...
2021.01.29 Demurrer, Motion to Strike 843
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.29
Excerpt: ...rtificate of Election to Wind Up and Dissolve for Bella Vista Multi- Specialty Medical Group, Inc., as published by the State of California Secretary of State as of November 5, 2012; (2) the Articles of Incorporation of Diagnostic Associates, A Medical Group, Inc., as published by the State of California Secretary of State as of September 17, 1982,; (3) A true and correct copy of the Statement of Information for Diagnostic Associates, A Medical G...
2021.01.28 Motion for New Trial 088
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.28
Excerpt: ...amages, (iii) error in law and (iv) deficient evidence to support the verdict. (CCP §657.) When a verdict is rendered by the court and without a jury, the court has discretion to “add to the statement of decision, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on all or part of the issues, or, in lieu of granting a new trial, may vacate and set aside the statement of decision and judgm...
2021.01.28 Demurrer, Motion to Strike 526
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.28
Excerpt: ...Judicial Notice Defendants' request for judicial notice is GRANTED. The court takes judicial notice of: (1) the Complaint filed in Carrillo, et al. v. Longwood Management Corp., et al., Los Angeles County Superior Court Case No. 20STCV44876, (2) the Notice of Related Case filed in Phellippe Carrillo, et al. v. Longwood Management Corp., et al., Los Angeles County Superior Court Case No. 20STCV44876, filed December 2, 2020, (3) the Complaint filed...
2021.01.27 Motion to Declare Vexatious Litigant 931
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.27
Excerpt: ...icial Notice Defendants request for judicial notice is GRANTED and the court takes judicial notice of: (1) the September 26, 2019 Recorded Lis Pendens by Anthony Wright, (2) the Second Amended Complaint in case no. 18STCV04385 (“Action 1”), (3) the July 22, 2020 Order of the Court of Appeal in appellate case number B306697 of its intent to dismiss Anthony Wright's appeal of the Superior Court's order to arbitrate in Wright. et al. v. Morgan, ...
2021.01.27 Demurrer, Motion to Strike 622
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.27
Excerpt: ...o 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 Cal. (2016) 245 Cal.App.4th 821, 834...
2021.01.25 Motion to Compel Arbitration and Stay Action 636
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.25
Excerpt: ...ures is GRANTED. Evid Code §452. Evidentiary Objections Plaintiff's Evidentiary Objections 1, 2 and 3 are SUSTAINED. Defendant's Evidentiary Objections to the Declaration of Fredi Ventura Diaz are OVERRULED. Defendant's Evidentiary Objections to the Declaration of Andres Ventura Diaz are OVERRULED. Motion to Compel Arbitration Strong public policy favors enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Cor...
2021.01.25 Demurrer 544
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.25
Excerpt: ...onsist of ‘(1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage.' [Citations.]” (Alliance Mortgage Co. v. Rothwell (1995) 10 Cal.4th 1226, 1239, 44 Cal.Rptr.2d 352, 900 P.2d 601 (Alliance Mortgage ); see Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248, 129 Cal.Rptr....
2021.01.22 Motion for Summary Judgment 539
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.22
Excerpt: ...separate statement of undisputed material facts.” (Cal. Rules of Court, Rule 3.1350(b).) The court may not summarily adjudicate claims or defenses as to which no triable issue was raised unless requested in the notice of motion. (Homestead Savings v. Superior Court (1986) 179 Cal.App.3d 494, 497-98.) When a notice of motion seeks only summary judgment, the presence of any triable issue requires denial of the motion. (Weil & Brown, Civ. Pro. Bef...
2021.01.20 Demurrer 032
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.20
Excerpt: ... 2019 is GRANTED. Evid. Code § 452. Plaintiff's request for judicial notice of (1) the minute order Overruling Defendants' Demurrer to the First Amended Complaint, in this instant action, entered January 14, 2020; (2) Defendants' demurrer filed in this action on August 23, 2019; and (3) the minute order granting plaintiff's motion to compel further responses/discovery, entered August 4, 2020 is GRANTED. Evid. Code § 452. Demurrer A demurrer tes...
2021.01.14 Motion to Set Aside Default, to Intervene, to Continue Trial 197
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.14
Excerpt: ...on, A California Corp.” under CCP § 473(b) and to Intervene under CCP § 387 are DENIED. Plaintiffs' Motion to Continue Trial is GRANTED. Trial is continued to August 30, 2021 at 10:00 a.m.; the Final Status Conference is continued to August 16, 2021 at 8:30 a.m. All related pretrial dates shall be set in accordance with the new trial date. Background This action involves consolidated cases concerning the purchase of real property for $8.3 mil...
2021.01.12 Demurrer, Motion to Strike 032
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.12
Excerpt: ...ns in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (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 ...
2021.01.06 Motion for Summary Judgment 803
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.06
Excerpt: ...in the parties' papers unless the court has sustained objections to evidence therein and all inferences reasonably deduced from the evidence. (Id.) However, a court cannot grant summary judgment if the inferences are contradicted by other inferences or evidence that give rise to a triable issue as to any material fact. (Id.) When making a summary judgment ruling, the court must view all evidence in the light most favorable to the non-moving party...
2021.01.06 Demurrer 690
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2021.01.06
Excerpt: ...reach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.'” (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.) The complaint alleges: Plaintiff entered into agreements with Kim, Han and Paik regarding confidentiality; Plaintiff performed all conditions, covenants and promises as provided for in the agreements; Kim, Han and Paik breached...
2020.12.15 Demurrer, Motion to Strike 200
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.12.15
Excerpt: ...matters upon demurrer will be dispositive only in those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed.” (Cruz v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134.) “Thus, a court ruling on a demurrer cannot decide a question that may depend on disputed facts by means of judicial notice. This rule applies not only with respect to the interpretation of a contract, but ...
2020.12.15 Motion for Protective Order, to Compel Deposition 538
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.12.15
Excerpt: ... and to produce all responsive documents within 30 days. To the extent Rockport Administrative Services claims a privilege or asserts a right to privacy over any of the responsive documents or information, it shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege o...
2020.12.03 Motion for Reconsideration, for Protective Order 083
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.12.03
Excerpt: ...ry of the order. (Id.) A request to reconsider the matter must consider “new or different facts, circumstances, or law.” (Id.) The judge that granted or denied the order must hear the reconsideration. (Id.) The party seeking the reconsideration must state by affidavit “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.�...
2020.12.03 Demurrer, Motion to Strike 777
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.12.03
Excerpt: ...uous, or unintelligible. (Code Civ. Proc. § 430.10(f) and Beresford Neighborhood Assn. v. City of San Mateo (1989) 207 Cal.App.3d 1180, 1191.) Courts typically disfavor demurrers based on uncertainty, which the court strictly construes even when the pleading is uncertain in some respects. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty may be sustained when a defendant cannot reasonably determine...
2020.12.02 Motion to Compel Arbitration, Demurrer, Motion to Strike 244
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.12.02
Excerpt: ...omplainant's evidentiary objections are SUSTAINED. “‘While in general arbitration is a highly favored means of settling disputes [citation], it is beyond dispute a trial court may deny a petition to compel arbitration if it finds the moving party has waived that right…‘There is no single test for waiver of the right to compel arbitration, but waiver may be found where the party seeking arbitration has (1) previously taken steps inconsiste...
2020.11.13 Motion for Summary Judgment 197
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.11.13
Excerpt: ... Affairs Contractors State License Board's (“CSLB”) record on its website, on a page entitled Check A License – Contractor's License Detail for License # 940413, in the name of NAMU CONSTRUCTION, issued on November 25, 2009; (2) the CSLB's record on its website, on a page entitled Check A License – Contractor's License Detail for License # 997839, in the name of NAMU DEVELOPMENT INC. dba NAMU CONSTRUCTION, issued on October 21, 2014; (3) ...
2020.11.10 Demurrer, Motion to Strike Punitive Damages 899
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.11.10
Excerpt: ...ss rule. Defendant further moves to strike punitive damages on the ground the complaint fails to state a viable claim for fraud or any other cause of action that can support a punitive damages claim and on the ground punitive damages are barred by GM's defenses. Demurrer 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, 158; ...
2020.11.06 Demurrer 866
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.11.06
Excerpt: ...ge 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 Cal. (2016) 245 Cal.App.4...
2020.10.30 Demurrer 643
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.30
Excerpt: ...al Conduct, Rule 3.3; Cal Rules of Court, Rule 8.1115. Future violation of these rules may result in the issuance OSC re report to the State Bar. Request for Judicial Notice Plaintiff requests judicial notice of the minutes of the Supreme Court for the State of California, dated July 26, 2017, in the matter captioned Broadway Victoria, LLC v. Norminton, Wiita & Fuster, Case No. S242266. The request for judicial notice is granted. Evid. Code §§ ...
2020.10.29 Motion to Compel Arbitration and Request for Stay 791
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.29
Excerpt: ...1.4 and 1281.7– do not permit a party to file a reply brief in support of a petition to compel arbitration. The objection is sustained. Discussion When a party to an arbitration agreement files a petition alleging the existence of a written agreement to arbitrate a controversy and that the other party to the agreement refuses to arbitrate this controversy, a judge must order the parties to arbitrate the controversy on determining that an agreem...
2020.10.22 Motion for Trial Preference 557
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.22
Excerpt: ...under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.” “Applying these rules of construction to section 36, subdivision (b) “compels the conclusion that the Legislature intended it to be mandatory.” (Rice v. Superior Court, supra, at pp. 86–87, 185 Cal.Rptr. 853.)...
2020.10.22 Demurrer 307
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.22
Excerpt: ...gment; (2) Judgment – Unlawful Detainer; and (3) Minute Order filed on September 13, 2019. The request for judicial notice is GRANTED. Evid. Code §452. Demurrer Defendants demurrer to the 1 st, 2 nd, 3 rd, and 4 th causes of action on the grounds they fail to state facts sufficient to constitute a cause of action. Specifically, Defendants argue the judgment in Nava vs. Rangel, LASC case number 19STUD06692, precludes plaintiff's clains under th...
2020.10.21 Demurrer 985
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.21
Excerpt: ...cs, morals, integrity or personal behavior of one's adversaries, unless such things are directly and necessarily in issue.” LASC Local Rules, Rule 3.26; Appendix 3.A, Guidelines for Civility in Litigation (c)(2). Defendant Balboa brings this demurrer to the 11 th cause of action for constructive fraudulent transfer pursuant to CCP §430.10(e) and (f) on the grounds that the complaint is uncertain and fails to state facts sufficient to constitut...

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