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2019.9.13 Motion to Compel Further Responese 470
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.13
Excerpt: ...05800550057004b0048>r Responses as to Form Interrogatories, Employment Law is granted. <0051000300570052000300 005800550057004b0048>r Responses as to Form Interrogatories, General is granted. <0051000300570052000300 005800550057004b0048>r Responses as to Special Interrogatories is granted. This is an employment action arising from Plaintiff Brian J. Koos (“Plaintiff”) against his employer Defendant Regents of the University of California (“...
2019.9.13 Motion to Compel Arbitration 110
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.13
Excerpt: ...ising from Plaintiff Erika Iraola's (“Plaintiff”) employment with Defendant California Fish Grill Investments, LLC (“Defendant”). On June 24, 2019, Plaintiff filed a complaint alleging causes of action for: 1. Disability Discrimination in Violation of Gov. Code§ 12940, subd. (a); 2. Retaliation in Violation of Gov. Code§ 12940, subd. (h); 3. Failure to Engage in The Interactive Process; 4. Failure to Accommodate Under Gov. Code§ 12940,...
2019.9.13 Motion to Allow Filing of Doe Amendment 699
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.13
Excerpt: ... filed a complaint against Defendants Peddinghaus Corporation (“Peddinghaus”), San Bernardino Steel, Inc. (“SBS”), the Herrick Corporation (“Herrick”), American Machinery and Blade, Inc., and Action Machinery West, for negligence and products liability. Plaintiff alleges that, while working on premises owned and controlled by SBS and Herrick, Plaintiff suffered significant injuries, including severe burns and amputations, when certain...
2019.9.13 Demurrer, Motion to Strike 141
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.13
Excerpt: ...in party and sustained in part. The Motion to Strike is granted. Background This an action in which it is alleged that Davis Xu died of an accidental or intentional overdose due to an improper decision to place him on academic probation at Occidental College based on a finding that he had stalked a classmate. On February 27, 2019, Plaintiffs Huiping Dai (Davis Xu's mother) and Yan Xu (Davis Xu's father), as an individual and the administrator of ...
2019.9.12 Motion to Compel Arbitration 857
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.12
Excerpt: ...tive Complaint alleging causes of action for (1) elder/dependent adult abuse, (2) negligent hiring/supervision, (3) and violation of residents' rights. On October 30, 2018, the Hon. Joseph Kalin granted the motion to compel arbitration of Defendant Centinela Skilled Nursing and Wellness Center West, LLC (“Centinela”), and stayed the action as to the remaining Defendants. Plaintiff now moves to compel arbitration as to Defendants Shlomo Rechni...
2019.9.12 Motion for Leave to Amend 629
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.12
Excerpt: ...ction on September 12, 2018 against Defendant Wells Fargo Bank alleging causes of action for (1) breach of implied contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud and deceit; and (4) declaratory relief. Motion for Leave to Amend Legal Standard The court may, in furtherance of justice, allow a party to amend any pleading upon any terms as <004700110003000b004400 0003000300260044004f>ifornia courts liberally e...
2019.9.11 Petition to Compel Arbitration and Stay Action 146
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.11
Excerpt: ...ion to Compel Arbitration and Stay Action is to be Made the Subject of Argument at the Motion Hearing. On May 30, 2019, Plaintiff Rebecca Manahan, an individual, by and through her attorney-in-fact, Romalyne Parial (“Plaintiff”), filed a complaint against Defendants P&M Management, Inc. (“P&M”), Philip Weinberger (“Weinberger”), Marylynn Mahan (“Mahan”), and Jeffrey Huang (“Huang”) (collectively “Defendants”) for dependent...
2019.9.11 Motion for Summary Judgment, Adjudication 930
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.11
Excerpt: ...50048>h's request for Leave to Amend is DENIED. Statement of the Case Plaintiff Kayvan Setareh (“Plaintiff”) commenced this action on March 13, 2017. On January 1, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants Cleanstreet Inc., City of Los Angeles, Hollywood Property Owners Alliance, and DOES 1 through 25 alleging causes of action for (1) breach of contract, (2) negligence, (3) breach of contract,...
2019.9.11 Motion for Summary Judgment 881
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.11
Excerpt: ...nsation Appeals Board after Plaintiff could no longer work because of injuries to her wrists and left elbow. (Complaint ¶ 7.) Plaintiff alleges that Defendant failed to competently represent her in two ways. First, Defendant voluntarily provided records to the underlying worker's compensation insurance company Athens Administrators (“Athens”) revealing that Plaintiff was working. (Id. ¶ 8.) Second, Plaintiff testified truthfully at her depo...
2019.9.10 Demurrer 988
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.10
Excerpt: ...without leave as to causes of action 2, 3, 5, and 6. This is an action arises out of the unauthorized cutting of an 80-foot Eucalyptus tree on the border between two properties, plus other encroachments between the properties. Plaintiffs Wachsman and Nimni filed the complaint against Defendants Janger and Davidson on June 6, 2019. The complaint asserts the following causes of action: (1) declaratory relief re boundary and encroachments, (2) tresp...
2019.9.10 Motion to Compel Compliance with Deposition Subpoena 171
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.9.10
Excerpt: ...the Angel's Parish in Hollywood Los Angeles California Responding Party: Plaintiffs/Cross-defendants Richard B. Somers and Terrie Somers, Trustees of the Somers Family Trust of 2000; Vicki F. Magasinn, Trustee of Trust A of The Magasinn Family Trust; Robert H. Somers, Trustee of The Robert H. Somers Living Trust; Cinthia Chew, ASP Defined Benefit Pension Plan and Trust; Provident Group Cust. fbo Alan Waxman IRA #3902814; Provident Group Cust. fbo...
2019.8.29 Motion to Set Aside Dismissal 795
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.29
Excerpt: ...ny, Western Progressive, LLC, Ocwen Loan Servicing, LLC, Wells Fargo Bank, N.A., Power Default Services, Inc., Brandy Berns, and Vicki Pospisil Tentative Ruling: The Motion to Set Aside Dismissal is denied. On November 21, 2018, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of written contracts, (2) breach of the covenant of good faith and fair dealing, (3) wrongful foreclosure, (4) fraud, (5) v...
2019.8.29 Demurrers 980
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.29
Excerpt: ...f CWMBS, Inc., CHL Mortgage Pass-Through Trust 2004-8, Mortgage Pass Through Certificates, Series 2004-8; Mortgage Electronic Registration Systems, Inc.; and Resurgent Capital Services LP Responding Party: Plaintiff May Lin Deehan Tentative Ruling: The Demurrers are sustained. This is an action in which Plaintiff alleges that her loan servicers committed various HBOR violations and ultimately induced the sale of her home through fraud. On Februar...
2019.8.27 Motion to Compel Arbitration 140
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.27
Excerpt: ...n seek to compel arbitration of this employment matter pursuant to an arbitration agreement executed by the parties encompassing the Complaint's claims. (See Garcia Decl., Exhibits A, B.) On July 16, 2019, the Court tentatively ruled as follows: Plaintiff argues that she never received an agreement to arbitrate within her employee handbook such that Defendants have failed to demonstrate the existence of any valid agreement. The Court has reviewed...
2019.8.26 Motion to Compel Arbitration 859
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.26
Excerpt: ...claims arising from a certain power purchase tolling agreement (“PPTA”) executed by the parties—specifically, the second through seventh, and ninth through tenth causes of action in their entirety and those portions of the first, eighth, and eleventh causes of action premised on the PPTA. Plaintiff argues the PPTA's arbitration clause applies to all claims asserted in the Complaint. Further, Plaintiff contends arbitrability is for the arbit...
2019.8.26 Motion to Bifurcate 977
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.26
Excerpt: ...ed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA discrimination on the basis of pregnancy, (2) FEHA harassment on the basis of pregnancy, (3) FEHA retaliation for complaining of discrimination and/or harassment on the basis of pregnancy, (4) FEHA discrimination on the basis of taking CFRA leave, (5) FEHA harassment on the basis of taking CFRA leave, (6) FEHA retaliation for taking CFRA leave, and (7) FEH...
2019.8.26 Demurrer 143
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.26
Excerpt: ...ologies, Inc., and Professional Business Properties, Inc. is sustained as to the sixth and seventh causes of action, but is otherwise overruled. The Court grants twenty days leave to amend. <0048005500030052004900 00570044004f00030044>nd LRM Productions, LLC is overruled. This is an action in which Plaintiff alleges he was defrauded of money lent for supposed real property and cannabis businesses. On June 10, 2019, Plaintiff filed the operative F...
2019.8.23 Demurrer, Motion to Strike 929
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.23
Excerpt: ...e Motion to Strike is denied. <0003004600520050005300 0057005500440057004c>on. This is an action in which Plaintiff alleges that her attorneys in her divorce case engaged in overbilling amounting to fraud. On November 21, 2018, Plaintiff filed the operative Complaint for (1) fraud and (2) violations of the UCL. Defendants Kolodny Law Group, APC, Stephen Kolodny, APC, Stephen Kolodny, Heidi L. Madzar, Jeff Sturman, James Kean, Deborah C. Sun, Alex...
2019.8.22 Motion for Attorneys' Fees 774
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.22
Excerpt: ...on, Attorneys' Fees, and Costs is granted in part. This is an action in which The People of the State of California allege that drug, prostitution, and gang-related activity take place at the Hyland Motel which is operated by Defendants and located at 7041 Sepulveda Blvd., Los Angeles, CA 91405. On May 25, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) narcotics abatement, (2) red light abatement, (3) public nuisa...
2019.8.21 Motion for Summary Judgment 064
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.21
Excerpt: ...4) 27 Cal.App.4 th694, 697; Kruger v. Reyes (2014) 232 Cal.App.4 th Supp. 10, 16) Plaintiff argues that the subject notices to quit were served by a registered process server such that there is a presumption of service. (Evid. Code § 647.) However, this presumption is abrogated by evidence casting doubt on service. (Evid. Code § 604.) Plaintiff explains in detail that he works from home; that he was at home at all times during the day of the al...
2019.8.21 Motion for Summary Judgment 724
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.21
Excerpt: ...4) 27 Cal.App.4 th694, 697; Kruger v. Reyes (2014) 232 Cal.App.4 th Supp. 10, 16) Plaintiff argues that the subject notices to quit were served by a registered process server such that there is a presumption of service. (Evid. Code § 647.) However, this presumption is abrogated by evidence casting doubt on service. (Evid. Code § 604.) Plaintiff explains in detail that he works from home; that he was at home at all times during the day of the al...
2019.8.20 Demurrer 269
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.20
Excerpt: ...ecords in response to a subpoena issued in case no. BC706697. Plaintiff contends the records were impermissibly disclosed prior to the time to object had expired. On June 11, 2019, Plaintiff filed the operative Complaint for (1) breach of contract, (2) negligence, (3) violation of privacy, (4) violation of Code Civ. Proc. § 1985.3, and (5) fraud. Defendants demur to all causes of action for failure to state sufficient facts. Defendants principal...
2019.8.8 Motion for Summary Judgment, Adjudication, to Compel Responses, to Quash 959
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.8
Excerpt: ..., James Sweetman, and Joel Smith <0057004c00490049000300 004800510057[ Responding Party: (1) (2) Plaintiff Steven Zent <0047004400510057005600 004700030029004c0055[e Insurance Company, Hartford Financial Services Group, Inc., Hartford Life and Accident Insurance Company, Matthew Murphy, James Sweetman, and Joel Smith (via Motion to Compel) Tentative Ruling: The Motion for Summary Adjudication is granted as to the seventh cause of action for inten...
2019.8.6 Motion for Summary Judgment 217
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.6
Excerpt: ... monoxide in their rental home. On May 30, 2017, Plaintiffs filed the operative Complaint for (1) premises liability, (2) negligence per se, and (3) broker/manager negligence. Defendant HomeAway.com, Inc. moves for summary judgment as to the negligence claim asserted by Plaintiffs James Benjamin Gurley III and Kathryn Taylor Gurley. Defendant HomeAway.com, Inc. operates a website on which third-parties place advertisements for rental properties. ...
2019.8.5 Demurrer 613
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2019.8.5
Excerpt: ...t the assets of Dreamlight Holdings, Inc. fka Rockdome, Inc. (“Dreamlight”) in exchange for equity because they falsely promised that Willowbrook Capital Group, LLC would make a $1.25-$1.5 million investment in Dreamlight. After foreclosing on Dreamlight's assets via Willowbrook's lien, Defendants allegedly transferred Dreamlight's assets into Rockdome Corporation without compensation to investors in Dreamlight. On December 18, 2018, Plaintif...

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