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2018.6.14 Motion to Quash Service of Summons 776
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...substituted service at MODA TRANSPORTATION, LLC's place of business. However, Figueroa argues that at the time service was allegedly effectuated, “Mr. Figueroa had not worked for Moda Transportation for more than one-year before the service was attempted.” (Notice 1: 24-25.) In order to gain jurisdiction over a party, that party must be properly served with the summons and complaint. CCP §415.20 provides in relevant part: “(b) If a copy of...
2018.6.14 Motion to Deem Matters in Requst for Admissions Propounded 224
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...llowing rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party's failure to serve a timely response was the ...
2018.6.14 Motion to Consolidate, Demurrer 922
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...A LILIANA CRUZ's First Amended Cross-Complaint is SUSTAINED without leave to amend. CCP §430.10(c); CCP §430.10(e). This first through tenth causes of action are STAYED in abatement pending disposition of BLANCA LILIANA CRUZ's claims in Case No. BC686871. All dates in case number BC686871are hereby VACATED. The dates already set in the subject action remain set. Plaintiff/Cross-Defendants' request for judicial notice is GRANTED. Cal. Ev. Code �...
2018.6.14 Motion to Compel Responses 749
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...r than 15 days from the Court's issuance of this Order. Defendant LI is ORDERED to provide verified responses and documents to Special Interrogatories (Set One) without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreement of the parties. Moving Party to give Notice. No Opposition filed as of June 12, 2018. If a party to whom interrogatories are directed fails to respond at all, t...
2018.6.14 Demurrer 713
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...Dept. SE-C. Moving Party to give notice. The parties are ORDERED to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The decla...
2018.6.14 Demurrer 225
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...ANTED. Cal. Ev. Code §452. This breach of employment contract action was filed by Plaintiff/Cross- Defendant CALLEROS (“Calleros”) on April 7, 2017. Calleros alleges, in pertinent part: “In early 2012, USG agreed to hire Calleros for a sales and customer service position. USG hoped to capitalize on Calleros' contacts in the industry and sales ability, and USG offered and Calleros' accepted the deal points for Calleros' services: a salary o...
2018.6.14 Motion to Quash 701
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...roduction of third party business records directed towards Yahoo, Inc. Plaintiffs seek to obtain certain email communications between the Defendants from their respective Yahoo Address regarding this matter. Defendants argue that (i) the records sought from Yahoo are protected under the Stored Communications Act (“SCA”); and (ii) Plaintiff's counsel is not a proper deposition officer. “The Act states that a provider of an ‘electronic comm...
2018.6.12 Motion to Compel Responses 280
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.12
Excerpt: ...INA's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 Defendant MIRIAM MEDINA (in pro per) is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $480.00 ($300/hr. x 2 hrs.) + ($180 costs) no later than 15 days from the Court's issuance of this Order. Defendant MIRIAM MEDINA is ORDERED to provide verified responses and documents to Form Interrogatories (Set One...
2018.6.12 Motion to Compel Responses 156
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.12
Excerpt: ...90. II. Plaintiff's unopposed motion to compel Defendant G STAR BROADCASTING's INC's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 III. Plaintiff's unopposed motion to compel Defendant PHENJA WAN PANAY KHIEWDOUNDEN's responses to form interrogatories (set one) is GRANTED. CCP §2030.290. I. Plaintiff's unopposed motion to compel Defendant PHENJA WAN PANAY KHIEWDOUNDEN's responses to special ...
2018.6.12 Demurrer 972
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.12
Excerpt: ... the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. This action for breach of contract was filed by Plaintiffs JOHN KENNEY, as trustee of the John W. Dailey and Dorothy M. Dailey 1989 Trust; and the JOHN W. DAILEY AND DOROTHY M. DAILEY 1989 TRUST on March 2, 2018. Plaintiffs allege that Defendants made certain misrepresentations in order to sell Plaintiffs securities and investments. The s...
2018.6.12 Demurrer 907
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.12
Excerpt: ...ND GALLARZO PROPERTY HOLDINGS, INC.'s motion to strike portions of Plaintiff's Complaint is DENIED. CCP §436 Moving Party to give Notice. Defendants' request for judicial notice accompanying the instant demurrer is GRANTED in part, and DENIED as to RJN Exs. I, F, J, and K. Cal. Ev. Code §452. Defendants' request for judicial notice accompanying the instant motion to strike is GRANTED in part, and DENIED as to RJN Ex F. Cal. Ev. Code §452. Defe...
2018.5.31 Motion to Compel Further Responses 875
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ...her responses to Form Interrogatories (set one) is CONTINUED to Thursday, July 12, 2018 at 1:30 p.m. in Dept. SE-C. II. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Special Interrogatories (set one) is CONTINUED to Thursday, July 12, 2018 at 1:30 p.m. in Dept. SE-C. I. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Request for...
2018.5.31 Motion for Summary Adjudication 407
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ...S on July 7, 2017. It is undisputed that Plaintiff is a convicted and registered sex offender, who is not on parole. (Complaint ¶4.) In this action, Plaintiff challenges the validity of the City of Maywood's “blanket” sex offender housing restrictions because “the Maywood Residency Restrictions effectively banish Plaintiff and all Registrants from all affordable housing in Maywood.” (Id. ¶22.) Plaintiff alleges, in pertinent part: “Pl...
2018.5.31 Motion for Summary Judgment, Adjudication 488
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ...ed at 9324 Appleby Street, Downey, California 90240. The parties took title to the subject property as joint tenants on September 14, 2010, with a 50% interest in each joint tenant.” (Complaint ¶5.) “Plaintiff… alleges that Defendant claims an interest in the property adverse to plaintiff herein, in that Defendant denies that Adame has any interest in the subject property; and Defendant is claiming a 100% interest in the subject property f...
2018.5.31 Motion to Compel Arbitration 372
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ... Shaoxing County Jocelyn Textile Co., Ltd. (“Jocelyn”) and Defendant FOX APPAREL GROUP LLC (“Fox”) entered into a transaction concerning wholesale fabric. Fox submitted two Purchase Orders to Jocelyn. In response, Jocelyn sent Fox two “Sales Contracts” via email. “The Sales Contracts had payment terms of 15 % deposit, 50% upon delivery, and 35% due in 30 days. [Citations Omitted.] On September 9, 2016, Fox wired $14,565.00 to Jocely...
2018.5.31 Motion for Reconsideration 933
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ...ent Agreement on November 14, 2017 where Defendant had not yet made an appearance in this matter, and no entry of default was taken. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the <01e10003008f0083009b00 009700860089008f0087>nt pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction...
2018.5.31 Motion to Compel Responses 650
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ...production of documents (set one) is GRANTED. CCP § 2031.300 Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $470.00 ($350/hr. x 1 hr.) + ($120 filing fee) no later than 15 days from the Court's issuance of this Order. Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to provide verified responses and documents to Form Interrogatories (Set One); and Request ...
2018.5.31 Motion to Deem Matters in Requests for Admissions Propounded 527
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.31
Excerpt: ... no later than 15 days from the Court's issuance of this Order. Moving Party to give Notice. No Opposition filed as of May 30, 2018. The Court is in receipt of Defendant OKEREKE's Notice of Motion and Motion to Deem Matters Admitted, filed on April 20, 2018. Defendant's Motion is STRICKEN, as it is procedurally improper and there is no such motion on calendar. “If a party to whom requests for admission are directed fails to serve a timely respo...
2018.5.29 Demurrer 883
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.29
Excerpt: ...the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE-C no later than 3:00 p.m. on June 18, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after January 1, 2016, requires a demurring part...
2018.5.29 Demurrer 536
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.29
Excerpt: ...ELO WANG on August 31, 2017. Plaintiff alleges “WANG hired AMGREEN SOLAR & ELECTRIC…to perform home improvement work and repairs of certain real property located at 21438 Wardham Avenue, Lakewood, CA, 90715 in the City of Lakewood, County of Los Angeles, State of California (referred to herein as ‘PROJECT').” (SAC ¶2.) “WANG is informed, believes, and thereon alleges, that from the start date of the PROJECT through the present date, De...
2018.5.24 Motion for Appointment of Discovery Referee 437
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.24
Excerpt: ...mal order for the Court, in compliance with CCP §639(d), including (1) the exceptional circumstances requiring the reference; (2) the subject matter or matters included in the reference; (3) the name, business address, and telephone number of the referee; and (4) the maximum hourly rate the referee may charge, not later than Thursday, June 7, 2018. (Must be filed directly in Dept. SE-C. NO FAX FILING.) If Counsel cannot reach an agreement on the...
2018.5.24 Motion to Compel Responses 785
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.24
Excerpt: ... action on February 25, 2016. Plaintiffs allege that Defendants caused severe property damage to one of their buildings. Plaintiffs' damages were allegedly caused by Defendants' negligent demolition/construction project on a building adjacent to Plaintiffs' building. The two entity Plaintiffs in this action are owned jointly by three brothers, RAMIN RAHIMI, PAYMEN RAHIMI, and KAMRAN RAHIMI (collectively “Rahimi Brothers”). At their respective...
2018.5.24 Motion to Compel Responses, to Deem Matters Propounded 650
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.24
Excerpt: ...NTED. CCP § 2031.300 I. Plaintiff's unopposed motion to deem matters in requests for admissions propounded on Defendant FRANK GARCIA admitted is GRANTED. CCP §2033.280. II. Plaintiff's unopposed motion to deem matters in requests for admissions propounded on Defendant SUNRISE LUXURY LIVING ROOMS, INC. admitted is GRANTED. CCP §2033.280. Defendant FRANK GARCIA and his counsel of record are ORDERED to pay Plaintiff and its counsel of record, san...
2018.5.22 Motion for Summary Judgment, Adjudication 308
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.22
Excerpt: ...pliance with Rule 3.1354 of the California Rules of Court. Defendant/Cross-Complainant CHA LA MIRADA, LLC's requests for judicial notice are GRANTED. Cal. Ev. Code §452. Pursuant to CCP §437c(f)(2), “a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly discovered facts or circumstances or a ch...
2018.5.22 Motion for Summary Judgment, Adjudication 037
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.22
Excerpt: ...re to submit a proposed order in compliance with Rule 3.1354 of the California Rules of Court. This wrongful foreclosure action was filed by Plaintiffs CARL WHALEY and LAVON BOYD WHALEY on January 3, 2017. Plaintiffs argue that Defendants lack standing to foreclose on the subject property. There is no allegation that any foreclosure has taken place. A FAC was filed on June 8, 2017. The FAC asserts the following causes of action: (1) Wrongful Fore...
2018.5.22 Demurrer 701
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.22
Excerpt: ...h of Covenant of Good Faith and Fair Dealing; (3) Negligence; (4) Negligent Misrepresentation; (5) Intentional Misrepresentation; and (6) Concealment. Defendant SANDOVAL demurs to Plaintiff's fourth, fifth, and sixth causes of action pursuant to CCP §430.10(e). Defendant ESTEBAN D. STREMIZ demurs to Plaintiff's first cause of action for breach of contract pursuant to CCP §430.10(e). First Cause of Action – Breach of Contract Defendant demurs ...
2018.5.22 Demurrer 921
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.22
Excerpt: ...he continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE-C no later than 3:00 p.m. on June 18, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after January 1, 2016, requires a demurring party...
2018.5.17 Motion for Protective Order 617
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.17
Excerpt: ...r. x 3.5 hrs.) within 15 days from the issuance of this Order. Defendants filed the instant Motion on January 9, 2018. The Motion states, in pertinent part, “[Defendants] will, and hereby do, move for a protective order restricting the use of discovery methods, specifically, that defendants time to respond to the six pieces of written discovery propounded by Plaintiff be extended from January 15, 2018 to January 25, 2018….” Given the date o...
2018.5.17 Motion to Consolidate 875
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.17
Excerpt: ...its own facts and circumstances, but trial courts generally consider the following factors: (1) the timeliness of the motion: whether granting consolidation would delay the trial of any of the cases involved; (2) complexity: whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejudice: whether consolidation would adversely affect the rights of any party (State Farm Mut. Auto. Ins. Co. v. Superio...
2018.5.15 Motion for Leave to File Complaint 583
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.15
Excerpt: ...hearing date. Plaintiff is ORDERED to FILE and SERVE the Second Amended Complaint within 5 Court days of the hearing date. Plaintiff seeks leave to file a Second Amended Complaint. Plaintiff's proposed SAC seeks to amend the FAC by adding additional causes of action against Defendants VELEZ and SPS. California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.) It has ...
2018.5.15 Motion to Quash Deposition Subpoena 373
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.15
Excerpt: ...quash deposition subpoena for production of business records by Lightguard Systems, Inc. is GRANTED. CCP §1987.1. I. Defendant CITY OF SOUTH GATE's motion to quash deposition subpoena for production of business records by National Data & Surveying Systems, Inc. is GRANTED. CCP §1987.1. Moving Party to give Notice. Plaintiffs and their counsel of record are ORDERED to pay Defendant CITY OF SOUTH GATE and its counsel of record, sanctions in the t...
2018.5.15 Demurrer 473
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.15
Excerpt: ...ss- Defendant WNG CONSTRUCTION JV, INC. (“WnG”) against Defendants AAA Solar Electric, Inc.; AAA Network Solutions; Safety National Casualty Corporation; and Philadelphia Indemnity Insurance Company. On February 27, 2018, Defendant/Cross-Complainant AAA SOLAR ELECTRIC, INC (“AAA”). filed its first amended cross-complaint (“FAXC”) As alleged, the relevant facts are as follows: “Beginning in 2014, Cross-Defendant WNG CONSTRUCTION and ...
2018.5.10 Motion for Summary Judgment, Adjudication 841
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.10
Excerpt: ...sed order in compliance with Rule 3.1354 of the California Rules of Court. This action was filed in April 2015. Plaintiff is the daughter of Decedent Dorothy Weaver. Plaintiff alleges the following facts: In 2014, Decedent was Defendant's patient. In October 2014, Decedent was to be transferred from Kaiser Hospital to her home, accompanied by one of Defendant's nurses. At the time of Decedent's arrival to her home from Kaiser, Defendant's nurse w...
2018.5.10 Motion to Compel Deposition, Production of Docs 922
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.10
Excerpt: ...in the Notice of Deposition dated January 15, 2018, at a reasonable date and time to be determined by the parties— no later than 15 days from the date of this hearing. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) Service of a proper deposition notice obligates a party to attend and testify. If such party fails to appear, such appearance may be compelled and mone...
2018.5.10 Demurrer 447
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.10
Excerpt: .... Code §452.) Plaintiff's request for judicial notice is GRANTED as to Exs. A-2, A-3, A-6, A-7, A- 9, and A-10. (Cal Ev. Code §452.) This action for quiet title was filed by Plaintiff (in pro per) ALFRED VALLADARES on July 25, 2017. The relevant facts are as follows: On or about December 11, 2006, Plaintiff obtained a loan in the amount of $646,800.00 secured by a Note and Deed of Trust on real property located at 10246 Newville Avenue, Downey,...
2018.5.10 Demurrer 701
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.10
Excerpt: ...sserts the following causes of action: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3) Negligence; (4) Negligent Misrepresentation; (5) Intentional Misrepresentation; and (6) Concealment. Defendant SANDOVAL demurs to Plaintiff's fourth, fifth, and sixth causes of action pursuant to CCP §430.10(e). Fourth, Fifth, and Sixth Causes of Action – Negligent Misrepresentation, Intentional Misrepresentation, and Conce...
2018.5.10 Demurrer 776
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.10
Excerpt: ...judicial notice is GRANTED. Cal. Ev. Code §452. This elder abuse action was filed by Plaintiff IDA MCGOWAN on December 14, 2017. The relevant facts are as follows: “On 12/16/2015, at Defendant GOINGS' skilled nursing care facility, known as Villa Elena Healthcare Center…Defendant JAVIER FIGUEROA working for Defendant MODA was moving Plaintiff in a wheelchair on Defendant GOINGS premises. Defendant FIGUEROA pushed Plaintiff and her wheelchair...
2018.5.8 Demurrer, Motion to Strike 682
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.8
Excerpt: ...Complaint is MOOT. Moving Party to give notice. Defendants' request for judicial notice is GRANTED. Cal. Ev. Code §452. This contractual fraud action was filed on November 1, 2017 by Plaintiff MINA MONTEJANO. The relevant facts are as follows: “On or about October 17, 2006, Plaintiff executed a deed of trust to secure payment of a note pertaining to the Subject Property. On or about July 30, 2014, a purported trustee sale of the Subject Proper...
2018.5.8 Demurrer, Motion to Strike 875
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.8
Excerpt: ...nd Serve the Demurrer and Motion to Strike within 10 calendar days (plus 5 extra days for service by mail), from the date of this hearing. This matter is restored as an active civil case. All parties are ORDERED to appear for the currently set MANDATORY SETTLEMENT CONFERENCE on August 1, 2018 at 8:30 a.m. in Dept. SE‐F. Defendants argue that they lacked actual notice to defend this action due to Plaintiff's failure to serve her Second Amended C...
2018.5.8 Motion to Transfer Venue 851
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.8
Excerpt: ...egal Matters are to be resolved in the South Bay Municipal Court of Los Angeles, California.” (Complaint, Ex. A.) Defendants move to transfer this action from Los Angeles County to Riverside County pursuant to CCP §§ 395(a), 395.5, 396b, 397(a), and 398. Defendants bring this motion on “wrong court” grounds, contending that this action should have been filed in Riverside County rather than Los Angeles County. As the moving parties seeking...
2018.5.3 Demurrer 087
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.3
Excerpt: .... Code §452.) This action for quiet title was filed by Plaintiff DORA LUZ SOLANO on January 30, 2017. On or about December 15, 2005, Plaintiff obtained a $386,000.00 mortgage loan from the originating lender AMERICAN MORTGAGE NETWORK, INC., which was secured by a Deed of Trust recorded against the Subject Property located at 2729 Hope Street, Huntington Park, California 90255. The Deed of Trust was assigned to the Demurring Defendant herein, U.S...
2018.5.3 Demurrer 674
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.3
Excerpt: ...t Defendants Henao and Bocanegra “betrayed Cartamundi's trust and began scheming to form a competing company, Praxis, while still employed by Cartamundi, and misappropriated Cartamundi's trade secrets and improperly obtained and used Cartamundi's confidential and proprietary information, altered Cartamundi's products, repacked them under the Praxis brand and passed them off as their own, diverted work away from Cartamundi to Praxis, and spread ...
2018.5.3 Demurrer 794
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.3
Excerpt: ...) Violation of Procedural Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to allegations of billing fraud. (SAC ¶5.) While Pl...
2018.5.3 Motion for Summary Adjudication 401
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.3
Excerpt: ...erve a Supplemental Reply per CCP §1005(b) in accordance with the new hearing date. Opposing Party to give Notice. The Court notes that Plaintiff's Motion to Quash Deposition Subpoenas or in the Alternative for A Protective Order is set to be heard on August 9, 2018. This elder abuse action was filed by Plaintiff FANNIE KILGORE on July 6, 2017. The action was stayed in abatement following the death of Plaintiff FANNIE KILGORE in or around August...
2018.5.3 Motion to Quash Deposition Subpoenas 490
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.5.3
Excerpt: ...enas directed to LOC PHAM and the Person(s) Most Knowledgeable for LCF PRACTICE SALES & FINANCING, A DIVISION OF LCF FINANCIAL, INC. According to Defendants, “[b]y way of the subpoenas, Plaintiffs seek production of certain materials related to the listing and sale of a dental practice (doing business as De La Cruz Dental) that was co‐owned on a respective 51 to 49 percent basis by Dr. Lourenco and Ms. Rodriguez.” (Motion 4:9‐11.) Defenda...
2018.4.9 Motion to Recover Attorney's Fees 636
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.4.9
Excerpt: ...tled to attorney's fees. C.C.P. § 425.16(c)(1). “[A] prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. (CCP §425.16(c).) “Any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) However, the award of attorney fees must be reasonable. (See Robertson v. Rodriguez (1995) 36 Cal.App...
2018.4.9 Motion for Leave to File Complaint 544
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.4.9
Excerpt: ...nded Complaint. Plaintiff has new legal representation, and Plaintiff's proposed SAC seeks to amend the FAC by (1) adding two new Defendants; (2) adding a new legal theory of liability as to the new proposed Defendants; and (3) adding two additional causes of actions based on new facts discovered through discovery after the FAC was filed. California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa M...
2018.4.5 Motion to Strike 663
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.4.5
Excerpt: ...onformity with the laws of this state, a court rule or order of court.” (CCP §436.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendants' conduct was oppressive, fraudulent, or malicious. (Smith v. Superior Court (1992) Cal.App.4th 1033, 1041‐1042.) The Motion to Strike seeks an order striking the allegations regarding punitive damages ‐ ¶53 at page 9, lines 6‐8 and P...
2018.4.5 Motion for Terminating Sanctions, for Monetary Sanctions 550
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.4.5
Excerpt: ...ts/Cross-Complainant OCEANICA PACIFIC, INC. and Defendant TEHION KIM's joinders are GRANTED. On November 7, 2017, this Court granted Defendant KIM's: (1) motion to compel responses to requests for production of documents; (2) motion to compel responses to form interrogatories; (3) motion to compel responses to special interrogatories; and (4) motion to deem matters in requests for admissions admitted. Plaintiff was ordered to provide verified res...
2018.4.5 Demurrer, Motion to Strike 777
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.4.5
Excerpt: ...ful termination was filed by Plaintiff MIGUEL ANGEL CUEVA on December 8, 2017. The relevant facts are as follows: “Plaintiff began his employment with the Defendant as a driver, on October 20, 2014.” (Complaint ¶17.) “During Plaintiff's employment with Defendant, Plaintiff was not provided rest periods for work periods of four (4) hours or more, and was not provided with meal periods for work days in excess of five (5) and/or ten (10) hour...

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