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2023.11.02 Motion to Stay Proceedings 558
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.02
Excerpt: ...ND This is a PAGA action. Plaintiff Teresa R. Fleming (“Plaintiff”) was employed by Defendant Data Media Visual Services, LLC (“Defendant”) from September 2021 to December 17, 2021. Defendant allegedly failed to pay Plaintiff all wages at the applicable minimum wage for all hours worked and overtime wages for all overtime hours worked. On February 10, 2023, the Court issued an order on joint stipulation to stay case pending the California...
2023.11.02 Motion to Compel Deposition of PMK 545
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.02
Excerpt: ...LC, and DOES 1-48, Defendants. CASE NO.: 20STCV19545 [TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION OF PERSON MOST KNOWLEDGEABLE Date: November 2, 2023 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiffs Emma Martin, Elizabeth Gagliano, Kathryn Sessinghaus, Individually and As Heirs of Vincent Paul Martin and together with Plaintiffs Jamie Ann Ivey, Sandra Dee Ivey, and James Edward Ivey, Jr., individually and as heirs of James Marvin Ivey RESPO...
2023.11.02 Demurrer 552
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.02
Excerpt: ...ndustries, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from the alleged breach of an agreement for construction services as to a property located at HNTB LA Office, 777 S. Figueroa Street, 22nd and 23rd Floors, Los Angeles, CA 90017 (the “Property”) alleging causes of action against Defendants for: (1) foreclosure of mechanic's lien; (2) breach of written contract; (3)...
2023.11.02 Motion to Continue Trial 488
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.02
Excerpt: ...ING PARTY: Plaintiff Kyle Madison RESPONDING PARTY: None The Court has considered the moving papers. BACKGROUND The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On September 20, 2023, Plaintiff Kyle Madison (“Plaintiff”) filed this motion to continue trial. On October 17, 2023, the Court granted Plaintiff's Ex Parte Application to Advance Hearing...
2023.11.01 Motion for Judgment on the Pleadings 114
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by Moving Defendant from approximately 1975 to 1977. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...
2023.11.01 Motion for Attorney Fees 600
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ... PARTY: Plaintiff Chyon Simmons (“Plaintiff”) The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND This action arises from an alleged partnership agreement between Plaintiff, Defendant Desmond Lindsey (“Defendant Lindsey”), and Defendant Ironstep Construction and Engineering, LLC (“Defendant Ironstep”). Plaintiff Simmons filed the operative First Amended Complaint (“FAC”) against D...
2023.11.01 Motion for Judgment on the Pleadings 052
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by Moving Defendant from approximately 1969 to 1970. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...
2023.11.01 Demurrer, Motion to Strike 411
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...”) RESPONDING PARTY: None The Court has considered the moving papers. Neither opposition nor reply papers were filed. BACKGROUND This is an action arising from a subcontract for painting and fabric installation to be done by Plaintiff Spectra Contract Services, Inc. (“Plaintiff Spectra”) on property owned by Defendant Maguire. Plaintiff Spectra filed a Complaint against Defendant Maguire; HNTB Corporation; Howard Building Corporation; and D...
2023.11.01 Motion for Judgment on the Pleadings 475
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; (2) negligence; (3) negligent hiring, retention, and supervision; and (4) negligent hiring, retention, and supervision. Only the first and third causes of action are alleged against Moving Defendant. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”...
2023.11.01 Motion for Judgment on the Pleadings 578
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; (2) negligence; (3) negligent hiring, retention, and supervision; and (4) negligent hiring, retention, and supervision. Only the first and third causes of action are alleged against Moving Defendant. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”...
2023.11.01 Motion for Judgment on the Pleadings 711
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; (2) negligence; (3) negligent hiring, retention, and supervision; and (4) negligent hiring, retention, and supervision. Only the first and third causes of action are alleged against Moving Defendant. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”...
2023.11.01 Motion for Judgment on the Pleadings 953
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by Moving Defendant from approximately 1978 to 1981. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...
2023.11.01 Motion to Deem RFAs Admitted, for Monetary Sanctions 577
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.11.01
Excerpt: ...sidered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least five court days before the hearing pursuant to Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed a complaint against Defendants Qiang Ma and Does 1 to 50 arising from alleged legal malpractice, alleging a single cause of action for professional negligence/legal malpractice. On August 17, 2023, Defendant filed...
2023.10.31 Motion for Leave to Amend Complaint 705
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.31
Excerpt: ... May 18, 2023, Plaintiff filed a complaint for damages. The complaint consists of one page and is handwritten. The complaint alleges a violation of a tenant ordinance; however, the Court cannot ascertain the complete allegations of the complaint as the handwriting is illegible. (Complaint at 1:16-20.) On October 6, 2023, Plaintiff filed what purports to be a motion for leave to amend the complaint (the “Motion”). Plaintiff did not file a proo...
2023.10.31 Demurrers, Motions to Strike 729
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.31
Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of alleged injuries caused by exposure to hazardous materials. The currently operative first amended complaint (the “FAC”) alleges: (1) negligence; (2) strict liability – warning defect; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. In relevant part, the FAC alleges...
2023.10.30 Demurrer to TAC, Motion to Strike 683
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.30
Excerpt: ... Wayne Fishback (“Plaintiff Fishback”) The Court has considered the moving, opposing, and reply papers. BACKGROUND This is an action arising from false statements allegedly made about Plaintiff Fishback in an email sent to employees of the County of Los Angeles Department of Public Works. Plaintiff Fishback filed the operative Third Amended Complaint (“TAC”) against Defendant Campbell alleging causes of action for: defamation and libel pe...
2023.10.30 Motion for Terminating Sanctions 965
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.30
Excerpt: ...ourt has considered the moving papers. No opposition papers were filed. The Court further notes that although the Court has received notice of automatic stay based on the bankruptcy filing of Defendant GJY Property Investment, Inc., LLC, it has not issued an order staying the entire action, and the remainder of the action is proceeding as to Plaintiffs' claims as to, among other defendants, Gregory C. Yu, moving party herein BACKGROUND This conso...
2023.10.30 Motion for Summary Adjudication 482
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.30
Excerpt: ...Trial: May 6, 2024 AND RELATED CROSS-ACTIONS MOVING PARTY: Defendant/Cross-Complainant City of Pomona (the “City” or “Pomona”) RESPONDING PARTY: Cross-Defendant Regency Outdoor Advertising, Inc. (“Regency”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from a dispute over the City's regulation of billboards and was initiated by Plaintiffs on February 14, 2019. The currently operative ...
2023.10.30 Motion to Vacate Judgment on Equitable Grounds 385
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.30
Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of habitability and substandard conditions concerning Plaintiff's tenancy at the premises located on 3531 E. 6 th Street, Los, Angeles, California. On August 19, 2019, Plaintiffs Barbara Mendoza (“Plaintiff”), Johnny Ramirez, and Lisa Granado filed a complaint against Defendants Danny Navarro (“Defendant”) and Does 1-5, alleging (1) breach of imp...
2023.10.27 Motion to Compel Arbitration 115
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.27
Excerpt: ..., and reply papers. BACKGROUND - Richard Hernandez (“Plaintiff”) filed a complaint (the “Complaint”) which alleges 15 causes of action arising from an employment relationship with American Guard Services, Inc (“Defendant”). On September 8, 2023, Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that when Plaintiff began working for Defendant, he signed agreements that contained provisions requiring him t...
2023.10.27 Motion for Reconsideration of Court Order to Pay Penalty 159
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.27
Excerpt: ...�) RESPONDING PARTIES: Plaintiffs A Plus Fabric, Inc.; Q Textile, Inc.; and Elliot Tishbi 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 pursuant to Code Civ. Proc. § 1005(b). BACKGROUND Plaintiffs filed a complaint against Defendants arising from an allegedly fraudulent loan scheme, alleging 24 causes ...
2023.10.26 Motion to Uphold Confidentiality Designations 362
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.26
Excerpt: ...Plaintiff Patrick Krug 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. The Court denied Plaintiff's ...
2023.10.26 Motion for Sanctions 162
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.26
Excerpt: ... an individual; AARON HIRSCHHORN, an individual; WESTWOOD CONCIERGE, LLC, a California limited liability company; WM INVESTMENT HOLDINGS, LLC, a Kentucky limited liability company; WMIH-I, LP, a Kentucky limited partnership; KAN FUNDING LLC, a Delaware limited liability company; EDIDIN PARTNERS, LLC, a Delaware limited liability company; 1P VENTURES, LLC, a California limited liability company; SHARRAN INVESTMENTS; THE ENTRUST GROUP FBO SHARRAN S...
2023.10.25 Motion to Expand Page Limit on Motion for Summary Judgment, Adjudication 545
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.25
Excerpt: ...NTATIVE] ORDER RE: MOTION FOR AN ORDER EXPANDING THE PAGE LIMIT ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION 8:30 a.m. October 25, 2023 Dept. 56 MOVING PARTY: Defendant Marcel Adrian Solero Filart RESPONDING PARTIES: Plaintiffs Emma Martin, Elizabeth Gagliano, and Kathryn Sessinghaus The Court has considered the moving, opposition, and reply papers. BACKGROUND This survivor action arises out o...
2023.10.25 Demurrer, Motion to Strike 666
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2023.10.25
Excerpt: ...sidered the moving, opposition, and reply papers. BACKGROUND - This case arises out of allegations of religious discrimination. Mauricio Quinto (“Plaintiff”) files suit against his employer, Defendant LACOE for violating his right to religious freedom. Plaintiff identifies as a Christian. Plaintiff is an experienced academic counselor and during the 2020-2021 school year was employed by Defendant. (Complaint, 2:3 and 10-11.) During his employ...

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