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2023.12.12 Demurrer, Motion to Strike 136
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.12
Excerpt: ...collectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a sublease arrangement. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of oral agreement; (2) wrongful retention of security deposit under Civil Code section 1950, subdivision (c); (3) money had and received; (4) breach of the covenant of...
2023.12.11 Motion for Summary Judgment, to Seal 954
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.11
Excerpt: ...�Sentinel”) RESPONDING PARTY: Plaintiff General Star National Insurance Company (“Plaintiff” or “General Star”) The Court has considered the moving, opposition and reply papers. BACKGROUND In relevant part, the Complaint alleges: Moving Defendant issued a commercial general liability policy to Zuma House, LC (“Zuma”) (the “Sentinel Primary Policy”). (Complaint ¶ 5.) The Sentinel Primary Policy included business liability covera...
2023.12.11 Application for Determination of Good Faith Settlement 147
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.11
Excerpt: ... 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 landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) violation of the Fair Employment and Housing Act ...
2023.12.08 Motion for Attorney Fees 331
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.08
Excerpt: ...oration (“Sushi KJ”) and Sang Woo Lee (“Lee”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the sale of a business. On April 27, 2022, the Court granted Moving Defendant's demurrer (the “Demurrer”) to the negligent misrepresentation claim in Plaintiffs' third amended complaint (the “TAC”). On May 10, 2022, the Court enter...
2023.12.08 Motion for Approval of PAGA Settlement 860
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.08
Excerpt: ...quired to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This action arises from an employment relationship. Plaintiff's complaint (the “Complaint”) alleges a cause of action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of Plaintiff and all other aggrieved employees for various Labor Code violations. Plaintiff and...
2023.12.08 Demurrer, Motion to Strike 835
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.08
Excerpt: ...lectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: as part of a job application, Plaintiff visited SCIMC to complete a physical exam and a drug...
2023.12.07 Motion to Strike 563
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.07
Excerpt: ...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 alleged property damage. Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; (2) negligent failure to maintain real property in a safe condition; (3) trespass; ...
2023.12.07 Motion to Disqualify Counsel 481
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.07
Excerpt: ...pposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) fraudulent concealment; (6) negligence; (7) negligence per se; (8) conversion; (9) breach of fiduciary duty; (10) breach of contract...
2023.12.07 Demurrer, Motion to Strike 835
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.07
Excerpt: ...llectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: as part of a job application, Plaintiff visited SCIMC to complete a physical exam and a dru...
2023.12.06 Motion to Compel Arbitration and Stay Proceedings 907
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.06
Excerpt: ...nsidered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges a cause of action under the Private Attorneys General Act (“PAGA”). On August 10, 2023, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that Plaintiff is required to resolve her individual PAGA claims in arbitration pursuant to an arbitrat...
2023.12.06 Demurrer, Motion to Strike 629
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.06
Excerpt: ...Mr. Risner”) and Adrianna Risner (“Ms. Risner”) (collectively, “Plaintiffs”) 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) negligence; (2) negligent hiring and supervision; (3) tortious breach of the warranty of habitability; (4) breach of the implied warranty of habitability; (5) breach of t...
2023.12.01 Demurrers, Motion to Strike 922
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.01
Excerpt: ...paty, M.D. (“Nuthalapaty”); and Monica Keh (“Keh”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged misconduct that occurred during Plaintiff's admission at two skilled nursing facilities. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) violation of the Elder/Dependent Abuse Act...
2023.12.01 Motion for Summary Adjudication 331
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.12.01
Excerpt: ... Boualiene Syprasert (“Syprasert”); and Jack Edjourian (“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 mari...
2023.11.30 Discovery Motions 886
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.30
Excerpt: ... moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of implied duty of good faith and fair dealing; (6) aiding and abetting breach of fiduciary duty; (7) negl...
2023.11.29 Motion to Compel Further Responses 739
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.29
Excerpt: ...ion and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) hostile work environment harassment; and (2) failure to prevent and/or remedy harassment. On October 20, 2023, Moving Defendant filed a motion to compel further responses (the “Motion”) to Special Interrogatories, Set One (“SPROGs”) that were propounded on Plaintiff. The Motion also requests that ...
2023.11.29 Motion for Summary Judgment, Adjudication 147
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.29
Excerpt: ...papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair...
2023.11.29 Demurrer, Motion to Strike 831
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.29
Excerpt: ...moving, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2021 Chevrolet Bolt EV (the “Vehicle”) that was manufactured by Moving Defendant. The currently operative first amended complaint (the “FAC”) alleges: (1) fraud – concealment; (2) negligent misrepresentation; (3) violation of Business and Professions Code section 17200; (4) breach of express warranty; (5) breach of implied warra...
2023.11.29 Demurrer 788
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.29
Excerpt: ...(“Patience”) and Wander and Ponder, LLC (“Wander”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which was initiated by Plaintiffs on April 2, 2021, arises out of a business relationship. The currently operative second amended complaint (the “SAC”) alleges: (1 ) breach of contract; (2) fraud by misrepresentation; (3) fraud in the inducement; (4) negligent mis...
2023.11.28 Motion to Disqualify Counsel 481
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.28
Excerpt: ... opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) fraudulent concealment; (6) negligence; (7) negligence per se; (8) conversion; (9) breach of fiduciary duty; (10) breach of contra...
2023.11.28 Motion to Compel Arbitration 922
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.28
Excerpt: ...PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute regarding the care Plaintiff received as a resident at two skilled nursing facilities. The complaint (the “Complaint”) alleges: (1) breach of contract; (2) elder/dependent adult abuse; (3) breach of fiduciary duty; (4) fraud; (5) civil remedies under Penal Code section 496; (6) civil remedies under Civil Code secti...
2023.11.28 Motion for Sanctions 583
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.28
Excerpt: ...e 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 This action arises out of a dispute concerning an alleged agreement to purchase real property. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) recission of contract; (3) convers...
2023.11.28 Demurrer, Motion to Strike 136
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.28
Excerpt: ...55 Wilshire”) (collectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a sublease arrangement. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of oral agreement; (2) wrongful retention of security deposit under Civil Code section 1950, subdivision (c); (3) money had and received; (4) breach o...
2023.11.03 Motion to Enforce Civil Subpoena 106
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.03
Excerpt: ... filed a complaint against Hongqiang Zhou (“Defendant”), alleging causes of action for: (1) breach of contract; (2) unjust enrichment; (3) breach of fiduciary duty; (4) fraud – deceit; (5) fraud – intentional misrepresentation; (6) negligent misrepresentation. On October 4, 2023, Plaintiff filed the instant motion to enforce civil subpoena against Defendant. On October 25, 2023, Plaintiff filed a Notice of Non-Opposition. MEET AND CONFER ...
2023.11.03 Motion to Compel Compliance with Court Order 908
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.03
Excerpt: ... BACKGROUND This action arises out of a landlord/tenant relationship. On June 27, 2022, Plaintiff Christopher Vasell (“Plaintiff”) filed a complaint against Defendant Newsat, LLC (“Defendant”), alleging causes of action for: (1) constructive eviction; (2) tenant harassment in violation of Los Angeles Municipal Code; (3) breach of implied warranties; (4) negligence; (5) violation of the unfair competition law; (6) private nuisance; (7) bad...
2023.11.03 Demurrer, Motion to Strike 951
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.03
Excerpt: ...oldings, LLC, and Brookfield Properties Management (CA), Inc. (collectively, “Brookfield Defendants”) RESPONDING PARTY: Plaintiff, Howard Building Corporation The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from a breach of a construction agreement. Plaintiff alleges that Plaintiff and Defendant Maguire entered into a construction agreement but Moving Defendants breached the Agreement by...

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