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2024.05.31 Motion to Vacate and Set Aside Default, Judgment, Recall and Quash Writ of Execution, Return Levied Property 869
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.31
Excerpt: ...ka Charlene Yan The Court has reviewed the moving, opposition and reply papers. BACKGROUND On December 30, 2019, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of written promissory note; (2) common count-money lent; (3) common count - money paid, laid out and expended; (4) breach of personal guaranty; (5) false promise; (6) i ntentional misrepresentation; (7) negligent misrepresentation; (8) aiding and abetting; (9) viola...
2024.05.31 Motion for Summary Judgment, Adjudication 192
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.31
Excerpt: ...LLP RESPONDING PARTY: Plaintiff Ramez Wissa The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a wrongful termination action. On March 8, 2023, Plaintiff Ramez Wissa (“Plaintiff”) filed the operative Third Amended Complaint (“TAC”) against Defendants Deloitte Consulting LLP (“Deloitte”); Brett McCoy (“McCoy”) (collectively, “Defendants”); an d Does 1 through 20, inclusive for: (1) Employment ...
2024.05.31 Motion for Attorney Fees 671
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.31
Excerpt: ...��Plaintiff”) RESPONDING PARTY: Unopposed The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND This action arises from the alleged breach of a lease for farm equipment. On March 18, 2022, Plaintiff Farm Credit Leasing Services Corporati...
2024.05.30 Special Motion to Strike 856
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.30
Excerpt: ...t Dated May 10, 1988 (“Defendant”) RESPONDING PARTY: Plaintiff Ajim Baksh (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff initiated this action by filing a complaint (the “Complaint”) on January 12, 2024 against Defendant, alleging causes of action for: 1) malicious prosecution; and 2) civil harassment. As alleged in the Complaint, Defendant owns the real property located at 5105 Pa...
2024.05.29 Motion to Distribute Funds 451
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.29
Excerpt: ...�), Verbhert Malilim (“Malilim”) and Princess Malilim (“Princess”) [1] RESPONDING PARTY: None as of May 28, 2024 The Court has considered the moving papers. No opposition or reply papers were filed. BACKGROUND Plaintiff Old Republic Surety Company issued Bond No. GCL5921726 in the amount of $15,000 in consideration of an application filed by Defendant California Pool Men, Inc. (“California”). Plaintiff received claims against the bond...
2024.05.29 Motion to Compel Further Responses 147
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.29
Excerpt: ...f May 28, 2024 The Court has considered the moving papers. No opposition or reply papers were filed. BACKGROUND On July 21, 2023, Plaintiffs Greisyle Parada and Bryan Andrew Carrillo filed a complaint for violations of the Song- Beverly Consumer Warranty Act against Hyundai Motor America. Plaintiffs alleged causes of action for: (1) violation of Civil Code §1793.2(d); (2) violation of Civil Code §1793.2(b); (3) violation of Civil Code §1793.2(...
2024.05.29 Motion to Compel Deposition 175
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.29
Excerpt: ... a.m. Dept. 56 MOVING PARTY: Plaintiff Shari Giuliany (“Moving Party”) RESPONDING PARTY: Defendant Dolly Hwang (“Responding Parety”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a habitability case. On November 28, 2022, plaintiffs William Demarest, Moving Party, Helen Ortega, George Calderon, Maria Ybarra (collectively, “Plaintiffs”) filed this action against defendants Responding Party, Guocha...
2024.05.28 Motion to Consolidate 747
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.28
Excerpt: ...hrough his Guardian ad Litem, S.F., and M.M., a minor, by and through his Guardian ad Litem, M.C. RESPONDING PARTY: Defendant Los Angeles Unified School District The Court has considered the moving papers and opposition papers. No reply has been received. BACKGROUND These consolidated actions involve various plaintiffs who have sued Defendant Los Angeles Unified School District (“LAUSD”) based on allegations of sexual abuse perpetrated by Def...
2024.05.28 Motion for Reconsideration 109
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.28
Excerpt: ...moving papers and opposition papers. No reply has been received by the Court. BACKGROUND On December 30, 2022, Plaintiffs, who are listed under the pseudonyms of John Doe or Jane Doe, filed a complaint against Defendants Doe Archdiocese and Doe Seminary (collectively, “Defendants”) alleging: (1) negligence; (2) negligent supervision; (3) negli gent hiring/retention; (4) negligent supervision of a minor; and (5) vicarious liability. The compla...
2024.05.28 Demurrer 265
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.28
Excerpt: ...BACKGROUND This is an action for unlawful detainer. On March 22, 2024, Plaintiff Naomi Ortega (“Plaintiff”) initiated this action against Defendant Rosa A. Trujillo (“Defendant”). The complaint alleges that Defendant entered into a lease agreement with Plaintiff since March 1, 2017 in connection with the residential property located at 734 E. 42nd Place, Los Angeles, CA 90011. The complaint further alleges that the tenancy was terminated ...
2024.05.24 Motion for Attorney Fees 671
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.24
Excerpt: ...��Plaintiff”) RESPONDING PARTY: Unopposed The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND This action arises from the alleged breach of a lease for farm equipment. On March 18, 2022, Plaintiff Farm Credit Leasing Services Corporati...
2024.05.24 Motion for Summary Judgment 806
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.24
Excerpt: ... “Defendants”) RESPONDING PARTY: Plaintiff Mal Bien Bar, LLC (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a dispute over money that Defendants allegedly owed to Plaintiff under a promissory note (the “Promissory Note”). The currently operative first amended complaint (the “FAC”) alleges: (1) breach of promissory note; (2) breach of o ral contract; and (3) con...
2024.05.24 Motion to Compel Arbitration 722
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.24
Excerpt: ...s considered the moving, opposition, and reply papers. BACKGROUND This action arises from Plaintiff Erika Ramirez (“Ramirez”) purchasing a 2021 Mercedes - Benz C300W (the “Subject Vehicle”). On June 26, 2023, Plaintiff filed a Complaint against Defendants LAD MB, LLC, Mercedes-Benz Financial Services USA LLC, Mercedes -Benz USA, LLC (“MBUSA”), Travelers Casualty Insurance Company of America (collectively “Defendants”), as well as ...
2024.05.24 Motion to Compel Deposition, for Sanctions 300
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.24
Excerpt: ...nsidered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND On April 13, 2022, Petitioner Metlife Home and Auto (“Petitioner”) filed a Petition for Assignment of Miscellaneous Court Number in Uninsured Motorist Arbitration Matter (the “Petition”) agains...
2024.05.17 Motion for Leave to File TAC 350
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.17
Excerpt: ... Family Limited Partnership (“BFLP”) and Ruth Ann Biafora (“Ruth”) RESPONDING PARTY: Cross-Complainants and Plaintiffs in BC713448, BFLP, Joseph R. Biafora, Jr. (“Joseph Jr.”) and Diana Biafora Sparagna (“Diana”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 15, 2002, the BFLP was formed by a written limited partnership agreement between Joseph Biafora, Sr. (“Joseph Sr.”) and his wife, ...
2024.05.16 Motion for Summary Judgment, Adjudication 932
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.16
Excerpt: ...intiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges causes of action arising from the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The Complaint alleges the following causes of action: (1) Violation of the Song -Beverly Act – Breach of Express Warranty; (2) Violation of the Song -Beverly Act – Breach of Implied War...
2024.05.16 Motion for Attorney Fees 194
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.16
Excerpt: ...ly papers. BACKGROUND This is a lemon law case. On April 23, 2019, Plaintiffs Diana Herrera and Felix Herrera (“Plaintiffs”) filed a complaint against Defendant Kia Motors America, Inc. (“Defendant”) alleging causes of action 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 Expre...
2024.05.16 Motion for Approval of PAGA Settlement, Attorney Fees, and Enhancements 375
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.16
Excerpt: ...t. 56 The parties have agreed to settle this action for $365,000. This amount is to be allocated as follows: (1) $121,654.50 for attorneys' fees, (2) $16,202.44 for costs, (3) $6,750 for estimated administration costs, (4) $162,446.62 (75% of the net settlement amount) to the Labor and Workforce Development Agency (“LWDA”), and (6) $54,148.87 (25% of the net settlement amount) in civil penalties distributed to aggrieved employees on a pro rat...
2024.05.15 Motions to Compel Further Responses 747
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.15
Excerpt: ...G PARTY: Plaintiff Monique Mudarris RESPONDING PARTY: Defendant Jaguar Land Rover North America, LLC (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a lemon law action under the Song- Beverly Act (“Song-Beverly” or the “Act”) arising from an allegedly defective 2018 Land Rover Range Rover (the “Vehicle”) purchased by Plaintiff on September 21, 2018. Over the next four years, Plain...
2024.05.15 Motion for Summary Adjudication 228
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.15
Excerpt: ... DEFENDANT LANDRY DESIGN GROUP INC.'S MOTION FOR SUMMARY ADJUDICATION Date: May 15, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Landry Design Group Inc. (“Moving Defendant” or “LDG”) RESPONDING PARTY: Plaintiff Ted Waitt, Trustee of The Nightingale Trust dated November 1, 2017 (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 29, 2021, Plaintiff filed a Complaint against Defen...
2024.05.15 Motion for Leave to Amend Answer to Add Affirmative Defense 943
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.15
Excerpt: ...KGROUND This is a childhood sexual abuse case pursuant to Code of Civil Procedure section 340.1. On March 30, 2022, Plaintiff filed a complaint. On May 4, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of ac tion for: (1) negligence; and (2) negligent hiring, retention, and supervision. On June 16, 2022, Defendant filed its answer. DISCUSSION California Code of Civil Procedure section¿4...
2024.05.14 Motion to Continue Trial 488
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.14
Excerpt: ...024. BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. Plaintiff filed the Motion to Continue Trial (the “Motion”) currently before the Court on April 17, 2024. The Court advanced the hearing date on the Motion from July 1, 2024 to May 14, 2024 on April 22, 20...
2024.05.14 Demurrer, Motion to Strike 101
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.14
Excerpt: ...ollectively, “Plaintiffs”) The Court has considered the moving papers, opposition, and reply. BACKGROUND On October 13, 2023, Plaintiffs filed the original complaint (the “Complaint”) in the within case, alleging: (1) breach of implied contract of confidentiality; and (2) violation of California Financial Information Privacy Act. On January 5, 2024, the Moving Defendant filed a demurrer to the Complaint. On January 23, 2024, Moving Defend...
2024.05.13 Motion for Assigning Copyrights 006
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.13
Excerpt: ...ion and reply papers. BACKGROUND Plaintiff commenced this action against Defendant on May 3, 2023 for breach of written contract, and common count – services rendered. On October 4, 2023, the parties filed a notice of settlement and on November 28, 2023, the Court entered judgment under CCP § 664.6 against Defendant in the amount of $56,370.50. On March 27, 2024, Plaintiff filed the instant motion for order assigning copyrights (the “Motion�...
2024.05.13 Demurrer 604
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.13
Excerpt: ...ntiff John Doe The Court has considered the moving, opposition., and reply papers. LAUSD's Demurrer to Plaintiff's Complaint (the “Demurrer”) is OVERRULED. BACKGROUND On January 19, 2024, Plaintiff John Doe filed a Complaint against LAUSD and Gabriela Cortez (“Cortez”) alleging eight causes of action arising from allegations of sexual abuse by Cortez while Plaintiff was a high-school student and Cortez was a Spanish teacher at his school....

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