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2019.11.1 Motion to Set Aside Default 381
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.11.1
Excerpt: ...he default entered against her. TENTATIVE RULING Defendant Amy Jam's motion to set aside default is GRANTED. A stand-alone copy of the answer is to be filed on the date of this order, along with a Substitution of Counsel reflecting that Attorney Margaret A. Sedy is now representing her, and is deemed served as of that date. ANALYSIS Motion To Set Aside Default The Court first notes that Defendant's new counsel has not filed a Substitution of Atto...
2019.11.1 Demurrer, Motion to Strike 246
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.11.1
Excerpt: ...eges Labor Code violations as an individual and as PAGA claims against her former employers. Defendants demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants Landmark Restaurant Group, Inc., Anthony Kouba, Wilhop, Inc., Segundohop, Inc., Torrahop, Inc., Downeyhop, Inc., Alisal Ventures, LLC, and Bunhop, LLC's demurrer is OVERRULED as to all causes of action. Defendants' motion to strike is DENIED AS MOOT as to the...
2019.10.29 Motion to Strike, to Quash Service of Summons and Complaint 421
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.29
Excerpt: ...NG PARTY(S): (1) – (3) Plaintiffs James Lewallen and Carole Lewallen STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort case. Plaintiffs allege that Plaintiff James Lewallen, who worked in the construction industry in various capacities, was exposed to toxic chemical products manufactured, distributed, or supplied by the Defendants and sustained injuries as a result, including lung cancer. Defendant Certainteed Corporation mov...
2019.10.29 Motion for Attorneys' Fees, to Strike and Tax Costs 765
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.29
Excerpt: ...injury that required him to take a medical leave. Defendant Spencer Sanderson moves for attorneys' fees. Plaintiff Hector Martinez moves to strike and tax costs. TENTATIVE RULING: Defendant Spencer Sanderson's motion for attorneys' fees is DENIED. Plaintiff Hector Martinez's motion to strike and tax costs is GRANTED. The memorandum of costs is stricken in its entirety. DISCUSSION: 1. Motion for Attorneys' Fees Defendant Spencer Sanderson moves fo...
2019.10.28 Motion to Compel Arbitration and Stay Proceedings 987
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.28
Excerpt: ...air competition. Defendant Driftwood Dairy, Inc. moves to compel arbitration of Plaintiff's claims and to stay the case pending arbitration. TENTATIVE RULING: Defendant Driftwood Dairy, Inc.'s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for October 28, 2020 at 8:30 a.m. If there are no appearance...
2019.10.24 Motion to Strike 894
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.24
Excerpt: ...igent supervision and retention, assault and battery, civil rights violations, negligence, intentional and negligent infliction of emotional distress, and premises liability. Defendant Somerset Suites moves to strike portions of the first amended complaint. TENTATIVE RULING: Defendant Somerset Suites GP's motion to strike portions of the first amended complaint is GRANTED. Generally speaking, leave to amend must be allowed where there is a reason...
2019.10.23 Demurrer, Motion to Compel Responses, to Deem Requests for Admission Admitted 616
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.23
Excerpt: ...FENDANT ALEXANDER ITKIN DEEMED “ADMITTED” MOVING PARTY: (1) Defendants Alexander Itkin, Alena Itkin, and Akula Properties, LLC; (2)-(3) Plaintiff Maria Heifetz RESPONDING PARTY(S): (1) Plaintiff Maria Heifetz; (2)-(3) Defendant Alexander Itkin STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that she agreed to purchase a residential property with Defendant Alexander Itkin to operate as a boarding home. Defendant Alexander Itk...
2019.10.23 Motion to Transfer Venue 580
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.23
Excerpt: ...to transfer venue to Ventura County. TENTATIVE RULING: Defendant Community Memorial Health System dba Community Memorial Hospital's motion to transfer venue is GRANTED. Defendant's counsel is ordered to pay to the Superior Court the $50 transfer fee listed in Item 61 of the Los Angeles County Superior Court fee schedule (effective January 1, 2019). DISCUSSION: Motion To Transfer Venue Section 397(c) permits the Court to change the place of trial ...
2019.10.22 Motion for Summary Judgment, Adjudication 520
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.22
Excerpt: ... AND/OR PROCEEDINGS: Plaintiffs allege that the named individual Plaintiffs were disciplined based on responses to Department investigators that they made as witnesses without any warning that they were the subject of a Department investigation and that the investigators violated the public safety officers' Procedural Bill of Rights (“PBOR”) in the way they conducted the investigation. Defendants County of Los Angeles and County of Los Angele...
2019.10.22 Motion to Compel Arbitration 111
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.22
Excerpt: ...t Defendants failed to accommodate her disability, failed to engage in the interactive process required under FEHA, retaliated against her for requesting reasonable accommodations, and related claims. Defendant Capstone Logistics, LLC moves to compel arbitration. TENTATIVE RULING: Defendant Capstone Logistics, LLC's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration as to any of the causes of actio...
2019.10.21 Motion to Compel Arbitration and Stay Action 702
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.21
Excerpt: ...Labor Code violations and a PAGA claim (added in the First Amended Complaint filed after this motion). Defendant moves to compel arbitration of all of Plaintiff's claims and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant Panama Joes Investors LLC's motion to compel arbitration is GRANTED as to Plaintiff's first through ninth causes of action. The motion is DENIED as to Plaintiff's tenth cause of action. The a...
2019.10.11 Motion to Set Aside Default Judgment and Vacate Application for Renewal of Judgment 219
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.11
Excerpt: ...$465.59/month for 239 months, beginning on June 16, 2007. Defendant allegedly defaulted on July 16, 2008. On April 1, 2009, default was entered against Defendant, and judgment was entered on July 23, 2009. On January 21, 2015, an assignment of judgment was filed, indicating that the right to collect the judgment has been assigned from Bank of the West to Baseline Financial Services. Defendant Roy Cabrera moves to set aside the default judgment en...
2019.10.10 Motion to Set Aside Default 427
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.10
Excerpt: ...Defendant Miguel Rincon moves to vacate the default entered against him on April 3, 2019. TENTATIVE RULING: Defendant Miguel Rincon's motion to vacate default is continued to November 27, 2019 at 8:30 a.m. Defendant is to comply with the orders contained infra. DISCUSSION: Motion to Vacate Default Defendant Miguel Rincon moves to vacate the default entered against him on three grounds: (1) the default is void as a matter of law under CCP § 473(d...
2019.10.10 Demurrer, Motion to Strike, to Quash Service of Summons 421
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.10
Excerpt: ...2) Defendant Crossfield Products Corp.; (3) and (4) Defendant Sunshine Supply Co., Inc.; (5) and (6) Defendant Top Industrial, Inc.; (7) Defendant Nemeon, Inc.; (8) Defendant Brenntag Canada Inc. RESPONDING PARTY(S): (1) – (8) Plaintiffs James Lewallen and Carole Lewallen STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort case. Plaintiffs allege that Plaintiff James Lewallen, who worked in the construction industry in various ...
2019.10.10 Demurrer, Motion to Strike Punitive Damages 190
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.10
Excerpt: ...ica, Inc. demurs to the fourth cause of action of the complaint (fraudulent inducement – concealment) and moves to strike portions of the complaint related to punitive damages.[1] TENTATIVE RULING: Defendant Nissan North America, Inc.'s demurrer to the fourth cause of action of the complaint is OVERRULED. Defendant's motion to strike the prayer for punitive damages is DENIED. <0051000300150013000300 470044005c00560011[ DISCUSSION: Demurrer Meet...
2019.10.8 Demurrer, Motion to Strike 332
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.8
Excerpt: ...unt of punitive damages, from the liability phase of trial. Plaintiff has not filed an opposition Standard: Code of Civil Procedure sections 597 and 598 allow a court to order that the trial of any issue or part thereof proceed before the trial of any other issue to promote the ends of justice or the economy and efficiency of handling the litigation. “Except as otherwise provided by law, the court in its discretion shall regulate the order of p...
2019.10.7 Motion for Leave to File Amended Complaint 328
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.7
Excerpt: ...ve taken credit for Plaintiffs' industry accomplishments, concepts and creations and have used Plaintiffs' trade secrets in Defendants' own business dealings. Plaintiffs seek leave to file a fourth amended complaint. TENTATIVE RULING: Plaintiffs CMB Export, LLC and CMB Export Infrastructure Investment Group XV, LP's motion for leave to file a fourth amended complaint is GRANTED. Plaintiffs are to file a stand-alone copy of the fourth amended comp...
2019.10.4 Motion to Compel Deposition 168
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.4
Excerpt: ...st. Plaintiff moves to compel Defendant Vincent Brantley and Fydra Brantley to attend their depositions and for sanctions. TENTATIVE RULING: Plaintiff Sheila Hawkins's motion to compel attendance and testimony of Vincent Brantley and Fydra Brantley is DENIED without prejudice as to Fydra Brantley and GRANTED as to Vincent Brantley. Vincent Brantley's deposition is to take place within 21 days of the date of this order at a reasonable date, place ...
2019.10.3 Application to Dismiss Defendants Due to Lack of Capacity to Participate in Litigation 198
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.10.3
Excerpt: ...ice and business while managing and administering the business. Plaintiff moves to dismiss Defendants Modern Medical Management, LLC and Marques Management, LLC due to their lack of capacity to participate in litigation. TENTATIVE RULING: Plaintiff's application for an order dismissing Defendants Modern Medical Management, LLC and Marques Management, LLC due to their lack of capacity to participate in litigation is DENIED as to Defendant Modern M...
2019.06.18 Motion to Add Interest to Award, for Offset of Settlement, for Determination of Prevailling Party 455
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.06.18
Excerpt: ...ance Company RESPONDING PARTY(S): (1) Defendant XL Specialty Insurance <0003000300030003000300 000c00030033004f0044>intiff Gail Hollander 2. 3. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an insurance bad faith action regarding failure to pay policy benefits for certain Kippenberger Paintings. Defendant L.A. Packing, Crating and Transport, Inc. damaged Plaintiffs' Kippenberger Paintings while installing the artwork at their newly remo...
2019.06.18 Motion to Strike or for Judgment on the Pleadings 484
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.06.18
Excerpt: ...nership agreement and that Defendants Kevin Lawrence and Foster & Lawrence Accountancy have aided and abetted the other Defendants in breaching their fiduciary duties. Defendants Kevin Lawrence and Foster & Lawrence Accountancy move to strike portions of the second amended complaint (“2AC”) or, in the alternative, for judgment on the pleadings. TENTATIVE RULING: Defendants Kevin Lawrence and Foster & Lawrence Accountancy's motion to strike po...
2019.1.31 Motion for Summary Judgment, Adjudication 190
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.31
Excerpt: ...twork medical services rendered to Anthem subscribers at a “reasonable and customary” rate. Defendant Anthem Blue Cross Life and Health Insurance Company moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: The parties are ordered to brief the issue as to whether the Knox-Keene Act—Health and Safety Code § 1340 et seq.—and the regulation regarding Claims Settlement Practices—28 CCR 1300.71(a)(3)(C)...
2019.1.31 Demurrer 646
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.31
Excerpt: ...murrer to the first amended complaint is SUSTAINED without leave to amend as to the fourth cause of action and OVERRULED as to the fifth cause of action. Defendant is ordered to answer the first amended complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Leslie N. Morales reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion: 1. Fourth Cause of Action (Breach of Implied Wa...
2019.1.30 Anti-SLAPP Motion to Strike 927
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.30
Excerpt: ...r)—conspired to murder, then instead to kidnap, Plaintiff in order to retrieve a valuable guitar given to Plaintiff by his estranged wife and to coerce Plaintiff to relinquish any claim to the house at which he was staying. Defendants Courtney Love-Cobain, Osama “Sam” Lufti, Ross Butler, Yan Yukhtman, Blue Velvet LLC, Marc Gans and Law Offices of Marc Gans bring an anti-SLAPP special motion to strike as to the first amended complaint (“1A...
2019.1.29 Motion to Stay Enforce of and Quash Deposition Subpoena, Request for Sanctions 946
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.29
Excerpt: ...on subpoena for production of business records of Trojan and Company Accountancy Corporation and requests sanctions. TENTATIVE RULING: Plaintiff Philip Steel Company's motion to quash the deposition subpoena for production of business records of Trojan and Company Accountancy Corporation is GRANTED. The Court exercises its discretion not to award sanctions. The notice of motion only requests sanctions against Defendants Greg Phillips and Todd Phi...
2019.1.28 Demurrer 848
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.28
Excerpt: ... misclassification as an independent contractor. Defendants Jojax, LLC, Greater Good Content, Inc., Joe Car, Jackson Morton, Rocky Morton, Pedro Aragao De Oliveira and John-Michael Triana demur to the Complaint. TENTATIVE RULING: The demurrer to the first through seventeenth causes of action is SUSTAINED with 30 days leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Philip J. Bonoli reflects that the meet and confer requirem...
2019.1.28 Motion for Judgment on the Pleadings, Notice of Joinder 133
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.28
Excerpt: ... This is an Elder Abuse case. Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC and CNRC, LLC move for judgment on the pleadings. Defendant Doe 51 Brius Management Company filed a notice of joinder. TENTATIVE RULING: Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC and CNRC, LLC's motion for judgment on the pleadings is GRANTED. Whether leave to amend is granted as to the first, second and/or third causes of actio...
2019.1.28 Motion to Lift Discovery Stay, for Imposition of Constructive Trust 065
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.28
Excerpt: ... to lift the discovery stay and for a constructive trust. TENTATIVE RULING: Plaintiff Jay Kato, derivatively on behalf of Marutama Company, Inc.'s motion to lift the discovery stay is DENIED. Plaintiff's request for the imposition of a constructive trust is DENIED without prejudice. DISCUSSION Motion To Lift Stay and For Imposition of Constructive Trust Evidentiary Objections Declaration of Jay Kato No. 1: SUSTAINED. Lack of personal knowledge; l...
2019.1.25 Motion to Strike 889
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.25
Excerpt: ... then demanded rush charges. As a result, Plaintiff was unable to use the transcripts for a motion for terminating sanctions, causing Plaintiff to settle his lawsuit for a lesser amount. Defendants California Deposition Reporters, Inc., Richard Kirk and Rebecca L. Kirk move to strike portions of the Complaint. TENTATIVE RULING: Defendants California Deposition Reporters, Inc., Richard Kirk and Rebecca L. Kirk's motion to strike portions of the Co...
2019.1.25 Motion to Quash Deposition Subpoena 145
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.25
Excerpt: ...In and Out Construction, Inc. move to quash the deposition subpoena served upon Wells Fargo Bank (Chatsworth Branch). TENTATIVE RULING: Defendants Arman Solimani and In and Out Construction, Inc.'s motion to quash deposition subpoena served upon Wells Fargo Bank (Chatsworth Branch) is DENIED. Both parties' requests for sanctions are DENIED. DISCUSSION: Motion To Quash Deposition Subpoena Defendants Arman Solimani and In and Out Construction, Inc....
2019.1.25 Demurrer 997
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.25
Excerpt: ... RULING: Defendant City of Los Angeles's demurrer to the second amended complaint is OVERRULED as to the first, second, fourth and fifth causes of action and SUSTAINED with leave to amend as to the third cause of action. Plaintiff is given 30 days leave to amend. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendan...
2019.1.23 Motion to Compel Mediation or Arbitration 944
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2019.1.23
Excerpt: ... mediation or, in the alternative, arbitration. TENTATIVE RULING: Defendant De Young Kim's motion to compel arbitration is GRANTED. The case is ordered stayed pursuant to CCP § 1281.4 pending arbitration. A Status Conference/OSC re: Dismissal is set for January 23, 2020 at 8:30 a.m. in Department 47. If no appearances are made, this case may be dismissed without prejudice. DISCUSSION: Moving party Defendant does not cite any statutory authority ...
2018.8.20 Motion for Leave to File Complaint, to Strike 697
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.20
Excerpt: ...tion filed; (2) Plaintiffs David Penilla, et al. CASE HISTORY:  05/13/14: Complaint filed.  05/16/14: First Amended Complaint filed.  01/14/16: Case ordered related with BC594514.  01/28/16: Case ordered stayed.  11/23/16: Remittitur filed.  12/15/16: Stay ordered lifted.  01/05/17: Cases BC545697 and BC594514 ordered consolidated.  04/25/17: Second Amended Complaint filed.  06/07/17: Third Amended Complaint filed (purs...
2018.8.14 Demurrer, Motion to Strike 035
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.14
Excerpt: ...ly slut-shamed and published defamatory statements about Plaintiff on social media. Defendants Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian and Kylie Jenner allegedly published defamatory statements about Plaintiff and prevented the second season of Plaintiff's television show with Defendant Kardashian from going forward with production. Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian and Kylie Jenner demur to the thi...
2018.8.14 Motion for Issue, Evidence and Monetary Sanctions 586
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.14
Excerpt: ...48005600030049005200 000300480059004c0047[ence and monetary sanctions against Defendant. TENTATIVE RULING: Plaintiff's motion for issue, evidence and monetary sanction is DENIED. Additionally, the Court finds that the Plaintiff's motion was frivolous, as a matter of law, and that monetary sanctions against Plaintiff's attorneys are warranted. However, the Court is concerned on whether proper notice has been given to Plaintiff's attorneys to allow...
2018.8.14 Motion for Summary Judgment, Adjudication 564
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.14
Excerpt: ... Defendants County of Los Angeles and Guy Craighead move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: The hearing on Defendants' motion for summary judgment is CONTINUED to September 5, 2018. Any party intended to file an application to seal is to file such application by August 24, 2018. The Court warns the parties that if no application to seal is timely filed or, if filed, the application to seal is not ...
2018.8.14 Motion to Compel IME 894
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.14
Excerpt: ...efendant The People of the State of California, Acting By and Through the Department of Transportation moves to conduct Plaintiff's independent medical examination. TENTATIVE RULING: Defendant The People of the State of California, Acting By and Through the Department of Transportation's motion to conduct Plaintiff's independent medical examination is DENIED without prejudice. Plaintiff's request for sanctions is DENIED. DISCUSSION: Defendant The...
2018.8.13 Motion to be Relieved as Counsel, to Compel Compliance, to Continue Trial, for Sanctions 507
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.13
Excerpt: ...ucas Brothers Construction, Inc. <000300030003000b001600 004c0049004900120026[ross-Defendant Lucas Brothers Construction, Inc.; <000300030003000b001700 00440051005700560012[Cross-Complainants Takashi Nakamura and Toshiko Nakamura RESPONDING PARTY(S): (1) No opposition filed; (2) Defendants/Cross-Complainants Takashi Nakamura and Toshiko Nakamura; <000300030003000b001600 00440051005700560012[Cross-Complainants Takashi Nakamura and Toshiko Nakamura...
2018.8.13 Motion for Judgment on the Pleadings 472
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.13
Excerpt: ...arding Defendant's talent agreement with E! Network. Defendant Angela White moves for judgment on the pleadings as to the 1AC. TENTATIVE RULING: Defendant Angela White's motion for judgment on the pleadings as to the first amended complaint is GRANTED without leave to amend as to the fourth cause of action, unless Plaintiff demonstrates a reasonable possibility of successful amendment. DISCUSSION: Meet and Confer The Declaration of Vanessa Hooker...
2018.8.13 Demurrer, Motion to Strike 448
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.13
Excerpt: ..., including failing to accurately account for rental income generated by the property. Defendants filed a cross-complaint alleging that Cross-Defendants Victor Martinez and Martinez & Associates, Inc., acting as Plaintiff's current property managers, engaged in conduct and made defamatory statements about Defendants which form the basis of Plaintiff's claims in this action. Defendant Mildred Lim Almazan demurs to the 1AC and moves to strike porti...
2018.8.13 Demurrer, Motion to Strike 678
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.13
Excerpt: ...Kim aka Ivy Kim and Grace Y. Lee demur to the Complaint and move to strike portions thereof. The motion to strike ¶ 66: is MOOT by virtue of the ruling on the demurrer. The motion to strike the Prayer for Relief re: punitive damages is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. TENTATIVE RULING: Defendants Anny Kim aka Ivy Kim and Grace Y. Lee's demurrer to the Complaint is SUSTAINED with leave to amend as to the fir...
2018.8.9 Demurrer, Motion to Strike 654
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.9
Excerpt: ...as allergic thereto, and this caused her death. Defendant Jason B. Kirk, M.D. demurs to the first amended complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Jason B. Kirk, M.D. demurrer to the first amended complaint is MOOT as to the second cause of action and OVERRULED as to the third cause of action. Defendant's motion to strike the Prayer, ¶ 5, Page 8, lines 15-16 re: punitive damages is GRANTED. The motion to strike...
2018.8.9 Demurrer, Motion to Strike 748
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.9
Excerpt: ...ered litigation/arbitration against attorney Plaintiff by his clients toward emotional distress damages, which were not covered by the subject malpractice liability insurance policy issued by Defendant insurer. Defendants Jerid R. Maybaum and Jacks & Maybaum LLP demurrer to the second amended complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Jerid R. Maybaum and Jacks & Maybaum LLP's demurrer to the second amended compla...
2018.8.9 Motion for Summary Judgment, Adjudication 522
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.9
Excerpt: ...CEEDINGS: Plaintiffs allege that Defendants breached a partnership agreement by terminating the partnership and continuing to conduct the partnership business without Plaintiffs. Cross-Complainants Donald Davidson, M.D., a professional corporation, and Donald Davidson, M.D., an individual, Sankar Sridaran, M.D., Maysa Alavi, M.D., and Christopher McNamara, M.D. filed a Cross-Complaint alleging that Plaintiffs breached their partnership obligation...
2018.8.7 Motion for Summary Adjudication 853
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.7
Excerpt: ... Inc. moves for summary judgment. TENTATIVE RULING: Plaintiff Northern California Collection Service, Inc.'s motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action and GRANTED as to Issue No. 2 re: the second cause of action. Plaintiff is to submit a Judgment by Default, consistent with the final ruling of this court. DISCUSSION: Motion for Summary Adjudication Request For Judicial Notice Plaintiff requests that...
2018.8.7 Demurrer 997
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.7
Excerpt: ...ULING: Defendant City of Los Angeles's demurrer to the first amended complaint is OVERRULED as to the first through third and fifth causes of action and SUSTAINED with leave to amend as to the fourth cause of action. Plaintiff is given 30 days leave to amend. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendant re...
2018.8.6 Demurrer, Motion to Strike 489
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.6
Excerpt: ...to strike portions thereof. TENTATIVE RULING Conditioned upon Defendant providing proof that the demurrer and motion to strike, and the notice of continuance of the hearing on the demurrer and motion to strike were served upon Plaintiff's counsel at 2180 Harvard Street, Ste. 160, Sacramento, CA 95818, the demurrer to the entire Complaint is SUSTAINED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Notice The demurrer a...
2018.8.3 Motion to Compel Deposition 350
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.3
Excerpt: ...ng Defendant to appear beyond the seven-hour limit, and requests sanctions. TENTATIVE RULING: Plaintiff's motion to compel appearance beyond seven-hour limit, and request for sanctions, is GRANTED in part. Plaintiff will be permitted to depose Defendant for a total of twelve hours (which includes the prior deposition time of 6 hours and 25 minutes). If needed, Plaintiff must also submit to a total of 12 hour deposition time. <0003004c005600030027...
2018.8.3 Demurrer 122
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.3
Excerpt: ...aw Office of Peter J. Zomber demur to the Complaint. TENTATIVE RULING: Defendants Peter J. Zomber and Law Office of Peter J. Zomber demurrer to the Complaint is OVERRULED as to the first, second and third causes of action. Defendants are ordered to answer the Complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of James A. Murphy reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Requ...
2018.8.1 Motion to Strike 604
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2018.8.1
Excerpt: ... property, as well as causing a nuisance with construction and irrigation activities. Defendant also allegedly committed a battery against Plaintiff Susan Corso. Defendant filed a Cross-Complaint alleging that Plaintiffs have engaged in a campaign of harassment and intimidation to force Cross-Complainant to relinquish his easements over Cross- Defendants' property. <0047000300330011000300 00470003003600580056[an Corso bring an anti-SLAPP special ...

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