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2023.09.27 Motion to Compel Further Responses 634
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.27
Excerpt: ...reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 10 causes of action arising from an employment relationship. On August 16, 2023, Plaintiff filed a motion to compel further responses to Plaintiff's Requests for Production, Set Three (“RFPs”) and for monetary sanctions (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2031.310, a motion to compel further ...
2023.09.27 Motion for Summary Judgment, Adjudication 289
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.27
Excerpt: ...ion Plan (“MPPP”), by and through their successor Administrator Med- Legal Associates, LLC (“MLA LLC”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs/Cross-Defendants The Court has considered the moving, opposition and reply papers. BACKGROUND On September 9, 2020, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debto...
2023.09.26 Motion to Seal 362
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.26
Excerpt: ...�) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. On July 18, 2023, Plaintiff filed a motion to seal...
2023.09.21 Motion to Compel Further Responses 971
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.21
Excerpt: .... BACKGROUND This action arises out of the lease of an allegedly defective vehicle that was manufactured by Defendant. The currently operative second amended complaint (the “SAC”) alleges multiple violations of the Song-Beverly Act, fraud by omission, and negligent repair. On June 21, 2023, Plaintiff filed a motion to compel Defendant's further responses to Requests for Production (“RFP”), Set Two deposition (the “Motion”). DISCUSSION...
2023.09.21 Motion for Determination of Good Faith Settlement 813
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.21
Excerpt: ...sidered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 11 causes of action that arise out of an employment relationship. On August 24, 2023, Moving Defendant filed a motion for determinati...
2023.09.20 Discovery Motions 886
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.20
Excerpt: ...n papers. The Court exercises its discretion and has considered the opposition papers despite Plaintiff's failure to comply with the requirements of California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of the Song-...
2023.09.20 Demurrer 788
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.20
Excerpt: ...�); and Cross-Defendants Kalie Caldwell (“Caldwell”) and Harold Hildebrand (“Hildebrand”) (collectively, “Moving Cross-Defendants”) RESPONDING PARTY: Defendant/Cross-Complainant Move Sales, Inc. (“MSI”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which was initiated on April 2, 2021, arises out of a business relationship. The cross-complaint (the “XC”), filed on April 25, 2023, all...
2023.09.19 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.19
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the enforcement of a previously issued judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On March 10, 2023, the Court granted Plaintiff's motion to compel responses to Requests for Production (“RFPs”), Set Five and denied Defendants' motion...
2023.09.19 Demurrer 131
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.19
Excerpt: ...nd reply papers. [2] BACKGROUND This action arises out of an employment relationship. The Complaint alleges: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and deceit; (4) breach of fiduciary duty; (5) constructive fraud; (6) conversion; (7) misappropriation of trade secrets in violation of Civil Code section 3462; (8) violation of Business and Professions Code section 17200; and (9) declaratory relie...
2023.09.18 Motion to Set Aside or Vacate Default 752
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.18
Excerpt: ... opposition and reply papers.[1] BACKGROUND On July 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging violations of the Unruh Act. On July 26, 2022, Moving Defendant's default was taken, and on January 26, 2023, the Court entered default judgment against Moving Defendant. On June 29, 2023, Moving Defendant filed a motion to set aside the default and default judgment (the “Motion”) on the grounds that the service of the Comp...
2023.09.18 Motion to Compel Arbitration and Stay Proceedings 533
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.18
Excerpt: ...ung (“Young”) and GB7 LLC (“GB7”) (collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) sexual battery; (2) sexual assault; (3) gender violence; (4) sexual harassment and harassment based on sex, gender, national origin, and race in violation of t...
2023.09.15 Discovery Motions 718
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.15
Excerpt: ...n”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges five causes of action arising out of an employment relationship. On August 1, 2023, Moving Defendants each filed three motions concerning discovery requests they propounded on Plaintiff (collectively, the “Motions”): (1) a motion to compel res...
2023.09.14 Motions to Compel Deposition 159
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.14
Excerpt: ...and Seung Jae Baek (“Baek”) (collectively, “Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).[1] BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action ari...
2023.09.14 Motion to Dismiss 790
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.14
Excerpt: ...PARTY: Plaintiffs William Gonzalez (“William”) and Michael Gonzalez (“Michael”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of alleged law enforcement misconduct, was initiated on May 4, 2021. On October 28, 2022, Plaintiffs filed the operative third amended complaint (the “TAC”) alleging: (1) violation of Civil Code section 52.1; (2) v...
2023.09.12 Petition to Confirm Arbitration Award 536
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.12
Excerpt: ...intiffs” or “Petitioners”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served within ten days of the service of the moving papers under California Code of Civil Procedure (“CCP”) section 1290.6. BACKGROUND On July 22, 2019, Petitioners filed a complaint (the “Complaint”) alleging: (1) unpaid wages (Labor Code section 218); (2) unpaid minimum ...
2023.09.08 Motions for Attorney Fees 196
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.08
Excerpt: ...LM”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the foreclosure sales of two real properties (collectively, the “Properties”). The operative second amended complaint (the “SAC”) alleges: (1) set aside trustee sale; (2) cancellation and rescission of instruments; (3) quiet title; (4) wrongfu...
2023.09.07 Motion to Compel Compliance with Subpoena 770
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.07
Excerpt: ...millo (“Jaramillo”) The Court has considered the moving, opposition and reply papers. REQUEST FOR JUDICIAL NOTICE Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's supplemental Request for Judicial Notice is DENIED. EVIDENTIARY OBJECTIONS Plaintiff's evidentiary objections are OVERRULED. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges violations of the Tom Bane Civil Rights Act (the “Bane Act”). On August 10, ...
2023.09.06 Motion for Summary Adjudication 627
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.06
Excerpt: ... (“CPS”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) failure to reimburse and indemnify for expenditures; (4) failure to provide meal and rest periods or compensation in lie...
2023.09.06 Motion for Preliminary Approval of PAGA, Class Action Settlement 033
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.06
Excerpt: ...olloway”) (collectively, “Plaintiffs”) 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 before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges ten causes of action arising out of an employ...
2023.09.06 Motion for Judgment on the Pleadings 972
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.06
Excerpt: ...position and reply papers. BACKGROUND This action arises from the lease of an allegedly defective vehicle (the “Vehicle”) which was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. In relevant par...
2023.09.05 Motion to Enforce Settlement 999
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.05
Excerpt: ...ired to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges two causes of action for breach of contract. On August 25, 2022, Plaintiff filed a notice of settlement indicating that Plaintiff and Defendant had entered into a settlement agreement (the “Settlement Agreement”) to reso...
2023.09.01 Motions to Compel Deposition 159
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.01
Excerpt: ...d Seung Jae Baek (“Baek”) (collectively, “Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising ...
2023.09.01 Demurrer 919
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.09.01
Excerpt: ...g, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) common law and statutory fraud and deceit; (2) promissory estoppel; and (3) negligent misrepresentation In relevant part, the FAC alleges: Moving Defendant's vice president of construction, Sam Sapp (“Sapp”) began recruiting Plaintiff for a project manager position on or ...
2023.08.31 Demurrer, Motion to Strike 403
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.08.31
Excerpt: ...ng Defendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges: (1) defamation per se; (2) defamation per quod; and (3) violation of California Business & Professions Code section 17200. In relevant part, the Complaint alleges: Plaintiffs and Moving Defendants operate competing cannabis businesses. (See Complaint ¶ 24.) Moving Defenda...
2023.08.31 Demurrer 088
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.08.31
Excerpt: ... has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of an employment relationship, was initiated on July 15, 2022. The currently operative second amended complaint (the “SAC”) alleges: (1) workplace disparate treatment; (2) hostile work harassment; (3) retaliation under the Fair Employment and Housing Act (“FEHA”); (4) failure to prevent FEHA discrimination; (5) whistle blower retaliation; (6)...

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