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2024.02.08 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.08
Excerpt: ...s. 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 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 trans...
2024.02.08 Demurrer 056
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.08
Excerpt: ...on and reply papers. BACKGROUND This action arises out of a dispute over the payment for medical services. Plaintiff's complaint (the “Complaint”) alleges: (1) negligent misrepresentation; (2) promissory estoppel; and (3) recovery of benefits under 29 U.S.C. section 1132, subdivision (a)(1)(B). [1] In relevant part, the Complaint alleges: on several dates in 2020 and 2021, Plaintiff provided medical services for a patient (“Patient”) empl...
2024.02.07 Motion for Attorney Fees 680
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.07
Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND 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, subdivision (b); and (4) violation of the Song- Beverly Act section 1796.5. On September 18, 2023, Plaintiff filed a notice of settlement. On November 29,...
2024.02.06 Motion for Summary Judgment, Adjudication 819
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.06
Excerpt: ...P”) and Kevin Rodriguez (“Rodriguez”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On March 29, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) unlawful harassment under the Fair Employment and Housing Act (“FEHA”); (2) FEHA race discrimination; (3) FEHA disability/medical condition discrimination; (4) FEHA age discr...
2024.02.06 Motion for Final Approval of PAGA Class Action Settlement, for Attorney Fees 033
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.06
Excerpt: ... Marvin Glenn Holloway (“Holloway”) (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 act...
2024.02.06 Demurrer 091
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.06
Excerpt: ... and reply papers. BACKGROUND This action, which was initiated on June 13, 2023, arises out of alleged sexual abuse of a minor while Plaintiff attended a school in Moving Defendant's school district. The currently operative first amended complaint (the “FAC”) alleges: (1) sexual assault; and (2) negligence. On October 26, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the FAC fails to allege sufficient facts ...
2024.02.01 Motion for Attorney Fees 799
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.01
Excerpt: ... Antonio Vernola (“Moving Defendant”) 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 under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint ...
2024.02.01 Demurrer 450
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.01
Excerpt: ...ntiffs The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On December 5, 2023, Mo...
2024.01.31 Motion to Bifurcate 627
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.31
Excerpt: ...urion Protection Services (“Centurion”) and Richard Ray Dudgeon (“Dudgeon”) (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 This action arises out of an employment relati...
2024.01.31 Demurrer 314
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.31
Excerpt: ...y 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 On October 26, 2023, Plaintiff filed a complaint (the “Complaint”) alleging unlawful detainer. On December 27, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the ground that the Complaint fails to state suffi...
2024.01.30 Demurrer 985
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.30
Excerpt: ... Republic”) RESPONDING PARTY: Defendant/Cross-Complainant Oaktree Investment Fund, LLC (“Oaktree”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an insurance dispute. Old Republic's complaint (the “Complaint”) alleges declaratory relief. Oaktree's currently operative first amended cross-complaint (the “FAXC”) alleges: (1) specific performance; (2) breach of contract; (3) breac...
2024.01.29 Demurrer 701
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.29
Excerpt: ...pers. BACKGROUND On October 20, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; (2) promissory estoppel; and (3) declaratory relief. In relevant part, the Complaint alleges: On or about July 24, 2018, Plaintiff and Moving Defendant entered into two written agreements in order to settle a lawsuit. (Complaint ¶ 7.) One of these written agreements (the “Contract”) included a provision stating that Movin...
2024.01.29 Motion for Attorney Fees 986
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.29
Excerpt: ...CKGROUND 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. On August 31, 2023, Plaintiff filed a notice of settlement. On January 4, 2023, Plaintiff filed a motion for attorney's fees (the “Motion”) to recover $91,710 in fees expen...
2024.01.26 Motions to Quash Deposition Subpoena 290
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.26
Excerpt: ...rian”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “5AC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting bre...
2024.01.25 Motions for Reconsideration 159
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.25
Excerpt: ...dants”) RESPONDING PARTY: Plaintiffs The Court has reviewed 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 out of alleged wrongful co...
2024.01.24 Motion for Summary Judgment 345
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.24
Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On June 2, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive ev...
2024.01.23 Motions to Compel Responses 498
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.23
Excerpt: ...ourt 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) failure to pay minimum wage; (2) failure to pay overtime compensation; (3) failure to pay wages for missed rest periods; (4) failure to pay wages when due; (5) failure to provide accurate and itemized wage statements; and (6) violation of the Unfa...
2024.01.23 Discovery Motions 152
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.23
Excerpt: ...ed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On August 28, 2023, Petitioner filed a petition (the “Petition”) to establish the Court's jurisdiction over an uninsured motorist arbitration for purposes of enforcing discovery procedures pursuant to Insurance Code section 11580.2, subdivision (f). On September 1, 2023, Petitioner filed: (1)...
2024.01.19 Motion for Terminating Sanctions 331
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.19
Excerpt: ...dra; Boualiene Syprasert; and Jack Edjourian (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Chronicpractor Caregiver, Inc. (“CCI”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of a marijuana dispensary. The currently ...
2024.01.19 Motion for Leave to File Amended Complaint 858
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.19
Excerpt: ...la; and (2) Defendants Christian Church (Disciples of Christ) Pacific Southwest Region, McCarty Memorial Christian Church, Branden Hendricks, Lorenzo Johnson, and Bruce Indermill (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. This action arises out of a landlord/tenant relationship. The currently operative operative third amended c...
2024.01.18 Motion to Compel Further PMQ Deposition 352
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.18
Excerpt: ...rsity (“Moving Defendant”) 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. [1] On December 11, 20...
2024.01.17 Motion to Compel Deposition 577
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.17
Excerpt: ...red 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: (1) professional negligence/legal malpractice. On December 1, 2023, Moving Defendant filed a motion to compel Plaintiff's deposition and production of documents (the “Motion”). The Motion also requests monetary sanctions...
2024.01.17 Motion to Compel Arbitration 384
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.17
Excerpt: ...YED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On October 6, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action for FEHA violations. ANALYSIS “On petition of a part...
2024.01.17 Motion for Reconsideration 668
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.17
Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of the sale of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Defendant. On February 25, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of implied warranty of merchantability under the Song-Beverly Act; and (2) breach of express warranty under the Song-Beverly Act. On December 2, 2021, the Court granted...
2024.01.12 Motion to Compel Compliance with Subpoena 290
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.01.12
Excerpt: ...a, Inc. (“Outfront”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “FAC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting breach of fiduciary duty. The cross-complaint (the “XC�...

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