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2020.01.31 Motion for Preference 678
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.31
Excerpt: ...ng Tran, who passed away on June 18, 2012. Plaintiff alleges that while Tran was on her deathbed on the evening of June 17, 2012, Tran's family removed from her person four jade bracelets, which Tran had worn for most of her life. Plaintiff remembers his wife's specific intention that he should hold the bracelets after her demise as a reminder to him of her essence, and the bracelets accordingly have significant sentimental value to plaintiff. Th...
2020.01.31 Motion for Judgment on the Pleadings 630
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.31
Excerpt: ...ernative 2) Partition of Real Property, and 3) Injunctive Relief SUMMARY OF FACTS: Plaintiff Van Boi Yang alleges that Yang is on title as tenant in common to real property in Rosemead, and that defendant Ivy Yang Ho, as trustee of the Alex and Ivy Ho Family Trust, is also on title as tenant in common to the same real property. Plaintiff alleges that the real property is divided into two residences delineated as 7941 E. Hellman Avenue and 7939 E....
2020.01.31 Motion for Further Discovery Sanctions 256
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.31
Excerpt: ...GY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SERVED Date of Court Order: November 1, 2019 (Plaintiff ordered to serve responses to Form Interrogatories-- - General, and Form Interrogatories—Employment, and Request for Production of Documents within 10 days, RFAs deemed admitted, sanctions of $1,350 for each motion to be paid within 30 days) Notice of Ruling served: November 4, 2019 Motion Served: November 21, 2019...
2020.01.31 Demurrer 654
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.31
Excerpt: ...ence Count Two—Willful Failure to Warn Count Three—Dangerous Condition of Public Property SUMMARY OF FACTS: Plaintiff Christopher Kreider alleges that in July of 2017, defendant Luis Alexis Hernandez, operating a vehicle owned by defendants Alexis Hernandez and Marilyn Martinez, negligently ran the vehicle through an exterior wall of premises owned and operated by defendants Starbucks Coffee, Starbucks Corporation and Charlene Sarstedt, and c...
2020.01.31 Demurrer 046
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.31
Excerpt: ...medies Act 2) Violation of the Song-Beverly Act SUMMARY OF FACTS: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC as seller. Plaintiff alleges that prior to purchasing the vehicle, plaintiff asked if the vehicle had been in any prior accidents, and that Carmax's salesperson said the car had not been any prior accidents. Based on this statement, plaintiff ente...
2020.01.31 Motion for Judgment on the Pleadings, for Bifurcation Order 210
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.31
Excerpt: ... title, and for bifurcation of equity causes of action from legal causes of action at trial CAUSES OF ACTION FROM THE Complaint 1) Conversion 2) Quiet Title 3) Cancellation of Instrument 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Joseph Vonheeder brings this action with respect to three real properties, the Jimenez Property, located in Sylmar, the Chandler Property, located in Burbank, and the 1909 Chandler Property, located in Burbank, wh...
2020.01.30 Demurrer, Motion for Sanctions 274
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.30
Excerpt: ...econd and third causes of action of Complaint Sanctions Impose monetary sanctions pursuant to CCP § 128.7 against attorney Martin Arteaga and the Law Offices of Martin Arteaga CAUSES OF ACTION: from Complaint 1) Negligence 2) Continuation of Decedent's Causes of Action (Survival Action) 3) Wrongful Death 4) Premises Liability 5) Strict Product Liability 6) Negligence (Against General and Heatcraft) SUMMARY OF FACTS: This action is brought by Ang...
2020.01.24 Motion for Summary Adjudication 634
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.24
Excerpt: ...ify its insureds Joven Sales & Service, Inc. and Joven Lactaoen Causes of Action from Complaint 1) Declaratory Relief SUMMARY OF COMPLAINT: The lead action is brought by plaintiffs Robert Minaezadeh and Artin Minaezadeh alleging that defendant Nshan Pogasyan dba MGM Cleaners owned, operated, maintained and controlled a unit of property on Glendale which caused a structure fire. The matter has been consolidated with several other actions arising o...
2020.01.24 Demurrer 341
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.24
Excerpt: ...ction on a Judgment (CCP § 683.010, et seq.) 3) For Declaratory Relief SUMMARY OF FACTS: Plaintiff CM Laundry alleges that it is an industrial laundry which assists in the manufacture of blue jeans and other apparel, by washing and finishing garments to give them a popular “broken in” look. Plaintiff alleges that for a period of years, Luis Rodriguez managed CM Laundry, and during the time he was in charge, he and others working with him eng...
2020.01.24 Motion for Summary Judgment 638
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.24
Excerpt: ...in favor of defendant Ridgeview Drive Ranch, Inc. dba Ridgeview Ranch Treatment Center as to plaintiff's complaint Causes of Action from Complaint 1) Wrongful Death—Negligence SUMMARY OF COMPLAINT: Plaintiffs Christina Cauble and Christopher Cauble allege that they are the mother and father of decedent Johnathan Cauble. Plaintiffs allege that in 2016 decedent Johnathan consulted and engaged for compensation the services of defendant Ridgeview D...
2020.01.24 Motion for Summary Judgment 396
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.24
Excerpt: ...Insurance Company and against defendant Mahboob Talukder aka David Talukder In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Fraud 2) Equitable Indemnity 3) Unjust Enrichment 4) Money Paid SUMMARY OF COMPLAINT: Plaintiff Chicago Title Insurance Company alleges that in April of 2003, Penny Martin- Dougherty, the then owner of real property in North Hollywood, became in default on her two deeds of ...
2020.01.24 Motion to Enforce Settlement Agreement 533
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.24
Excerpt: ...laintiff's GAL, Adriana Martinez, in the amount of $1,600 SUMMARY OF FACTS: This case involves a claim by a special education needs student that the student was inappropriately touched by another special needs student in a school bathroom. On July 27, 2018, plaintiff filed a Notice of Settlement. On October 25, 2019, the court heard an expedited Petition to Approve Compromise of Disputed Claim of Minor S.M. filed on behalf of Petitioner Adriana M...
2020.01.24 Motion to Enforce Settlement Agreement 772
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.24
Excerpt: ...) Negligence SUMMARY OF FACTS: Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser illegally housing with them, defendant Guillermo, as a result of which plaintiff suffered severe and disabling injuries. Plaintiff alleges that defendant Khachamanian, and his em...
2020.01.17 Demurrer, Motion to Strike 282
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...S OF ACTION: from Complaint 1) Intentional Misrepresentation 2) Negligent Misrepresentation 3) Financial Elder Abuse 4) Violation of California Penal Code § 496 SUMMARY OF FACTS: Plaintiffs Davis Transport LLC, and its members, plaintiffs Walter Davis and Cameron Davis, as members and personal representatives of the Bruce A. Davis Revocable Trust and of the Estate of Bruce A. Davis, bring this action against defendant Christine Davis, the sister...
2020.01.17 Demurrer 195
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...Professions Code § 17200 et seq. 3) Fraudulent Concealment SUMMARY OF FACTS: Plaintiff J. Jim Ye alleges that in September and October of 2018, plaintiff, after hearing and seeing advertisements to invest in defendant Chineseinvestors.com, Inc., was invited to subscribe and invest in convertible preferred shares in defendant. Plaintiff received various sales materials and offering documents from defendant regarding the investment, which from the...
2020.01.17 Demurrer 388
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...This action was originally brought as an unlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that defendant Ideal Kitchen Supply, Inc. entered into a written agreement with plaintiff to rent the premises for a fixed term, was served with a 3- day notice to pay rent or quit, and failed to comply with the requirements of the notice by the required date. On May 28, 2019, the mat...
2020.01.17 Demurrer, Motion for Consolidation 162
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ... No. Plaintiff(s) Defendant(s) 19GDCV01162 Georgianna Christine Garcia Burch Capital, Inc. 19PDUD02498 Burch Capital, Inc. Georgianna Christine Garcia FACTUAL BACKGROUND Plaintiff Georgianna Garcia alleges that she was the lawful owner of residential real property in Temple City, California, which was plaintiff's primary residence and owner-occupied. In January of 2018, plaintiff entered into a deed of trust with defendant Burch Capital, Inc. as ...
2020.01.17 Demurrer, Motion to Strike 161
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...yers for damages CAUSES OF ACTION: from Complaint 1) Elder Abuse 2) Breach of Contract 3) Breach of Contract 4) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Diahanna Allen alleges that she is 87 years old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Highland Avenue and 1613 Highland Avenue. Plaintiff alleges that the 1538 Property contai...
2020.01.17 Motion to Strike (SLAPP Suit) 657
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...plaintiff is a real estate investor in the business of purchasing and flipping various commercial and residential properties, and that plaintiff obtained the services of defendants Sung Brothers Corp. dba Splendid 4D Studio, Wenjay Sung and Yue Zhao for plaintiff's construction and repair needs, specifically, architectural and design needs for properties located in El Segundo. Plaintiff alleges that plaintiff intended to complete construction on ...
2020.01.17 Motion for Determination of Good Faith Settlement 138
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...DGED? Yes FACTS: Plaintiff Michael Wu alleges that in 2014, defendant Linda Varma, as Trustee of the Linda Diane Varma Trust, Dated July 17, 2009, entered into a Residential Purchase Agreement with plaintiff to sell to plaintiff real property in Pasadena for a price of $1,015,000. Plaintiff alleges that pursuant to three addenda, the escrow was to close on or before July 31, 2015, with Varma prohibited from accepting other offers on the property ...
2020.01.17 Motion for Preliminary Injunction 569
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...dez alleges that in 2006 she purchased her home in Pasadena, and in 2018 was solicited by the current lenders, several individuals and companies that together refinanced plaintiff's loan, to refinance her mortgage into an adjustable rate ARM, which plaintiff alleges was a predatory loan. The complaint alleges that the servicing of the loan was assigned to FCI Lender Services, Inc., and that in January of 2019, without plaintiff's knowledge or not...
2020.01.17 Motion for Summary Judgment 976
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...Plaintiff Mary Manvelyan Causes of Action from Third Amended Complaint 1) Violation of Consumer Legal Remedies Act 2) Violation of Song-Beverly Consumer Warranty Act 3) Violation of California Vehicle Code §11713.18(a)(6) 4) Violation of California Business & Professions Code 17200 5) Declaratory Relief SUMMARY OF COMPLAINT: Plaintiff Mary Manvelyan alleges that in June of 2016, she purchased a Carmax certified vehicle from defendant Carmax as t...
2020.01.17 Motion for Summary Judgment, Adjudication 876
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...ding Party: Defendant Uzrad Causes of Action from Complaint 1) Nonpayment of Promissory Note 2) Money Lent 3) Money Had and Received SUMMARY OF COMPLAINT: Plaintiff Yair Ben Moshe alleges that in February of 2015, defendant Uzrad Lew made, executed and delivered to plaintiff a Promissory Note for the principal sum of $127,300.00, for value received. Plaintiff alleges that on February 13, 2018, defendant breached the Note by failing to pay the sum...
2020.01.17 Motion to Partially Set Aside Judgment 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.17
Excerpt: ...ence St. Joseph Medical Center SUMMARY OF FACTS: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical providers, negligently performed a colonoscopy procedure on plaintiff which perforated his colon in multiple areas. Plaintiff alleges that after the procedure, his pain worsened, and he went into septic shock. ...
2020.01.10 Motion for Summary Judgment 116
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.10
Excerpt: ...nded Complaint In the alternative, summary adjudication of the third and fifth causes of action Moving Party: Defendant Southern California Home Medical Services, Inc. dba Home Medical Supplies Responding Party: Plaintiffs The Estate of Maureen Allen by and through its successors in interest, Floyd Allen, and Floyd Allen, individually Causes of Action from First Amended Complaint 1) Dangerous Condition 2) Wrongful Death—Negligence 3) Wrongful D...
2020.01.10 Motion for Prelininary Injunction 163
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.10
Excerpt: ...an from Countrywide Home loans, which is a predatory variable rate interest-only loan that periodically adjusted. Plaintiff signed a promissory note, which was secured by a deed of trust. Plaintiff alleges that defendant Nationstar Mortgage LLC dba Mr. Cooper is the mortgage loan investor's authorized agent as mortgage servicer, responsible for interacting with the borrower, and managing then loan. Plaintiff alleges that in October 2014, plaintif...
2020.01.10 Demurrer, Motion for Sanctions 274
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.10
Excerpt: ...econd and third causes of action of Complaint Sanctions Impose monetary sanctions pursuant to CCP § 128.7 against attorney Martin Arteaga and the Law Offices of Martin Arteaga CAUSES OF ACTION: from Complaint 1) Negligence 2) Continuation of Decedent's Causes of Action (Survival Action) 3) Wrongful Death 4) Premises Liability 5) Strict Product Liability 6) Negligence (Against General and Heatcraft) SUMMARY OF FACTS: This action is brought by Ang...
2020.01.03 Demurrers, Motion to Strike 696
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.01.03
Excerpt: ...f action, relation back allegations CAUSES OF ACTION: from First Amended Complaint 1) Negligence v. Monterossa 2) Premises Liability v. Ingenious Asset Group, 7‐Eleven, Inc. SUMMARY OF FACTS: Plaintiff Sirarpi Varzhapetyan originally filed a form complaint, alleging that on February 13, 2015, at an intersection in Glendale, defendant Fredy A. Hernandez Monterossa operated a motor vehicle negligently and was the legal cause of injuries and damag...
2019.9.27 Demurrer, Motion to Strike 772
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...from First Amended Complaint 1) Assault 2) Battery 3) Negligence SUMMARY OF FACTS: Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser illegally housing with them, defendant Guillermo, as a result of which plaintiff suffered severe and disabling injuries. Plain...
2019.9.27 Demurrer, Motion to Strike 678
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...action for mandatory relief to seek such relief in connection with the preceding stand-alone causes of action, and not a separate cause of action itself. Defendant's Motion to Strike Punitive Damages is DENIED. Ten days to answer. Demurrer to Plaintiff's Complaint: Demurrer is OVERRULED to the first, second, third, fourth, fifth and seventh causes of action. Demurrer is OVERRULED to the sixth cause of action for Mandatory Injunction. Plaintiff ma...
2019.9.27 Demurrer, Motion to Strike 581
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...lation of Instrument 4) IIED SUMMARY OF FACTS: Plaintiff WVBAGD, LLC alleges that it is the successor in interest to Dove Street Capital Lenders, which loaned the Borrower Defendants, BABBB, LLC, A. Barnes, B. Barnes, DLG, D. Galletly and G. Galletly, the principal sum of $250,000, pursuant to a secured Promissory Note signed by all of the Borrower Defendants. Plaintiff alleges that the Note is secured by two deeds of trust on real property, whic...
2019.9.27 Motion for Summary Judgment, Adjudication 849
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...ainst Cross-Complainant Michael Sayer ANALYSIS: The Third Amended Complaint alleges that this matter concerns the alleged fraudulent conveyance of seven properties in which plaintiffs have an equitable interest. The TAC alleges that previously there was litigation arising out of former defendant Li-Ya Huang's actions of defrauding her parents, plaintiffs Wang Shiu Hsia Huang and Tuu Cherng Hwang, out of nearly two million dollars with which they ...
2019.9.27 Motion for Summary Judgment, Adjudication 138
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...n favor of plaintiff Michael Wu and against defendant Varma as Trustee on plaintiff's complaint Summary adjudication in favor of cross-defendant Michael Wu on the seventh, eighth, ninth and tenth causes of action of cross-complainant Varma's Second Amended Cross-Complaint Causes of Action from Complaint 1) Breach of Contract 2) Tortious Interference with Contract 3) Negligence Causes of Action from Second Amended Cross-Complaint 1) Fraud and Misr...
2019.9.27 Motion for Leave to Amend Answer, to Compel Production of Docs 591
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...ty Casualty Co. of America and Travelers Indemnity Company of Connecticut RELIEF REQUESTED: File a First Amended Answer Compel production of business records in response to subpoenas CONTENTS OF MOTION: (CRC 3.1324(a)) Effect of Amendment Adds affirmative defense of release RELEVANT FACTS: Plaintiff Jon Barker alleges that she owns real property in Bradbury, improved with a single- family home, which is near the top of a hillside near a reservoir...
2019.9.27 Motion for Attorney's Fees 130
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.27
Excerpt: ...: Plaintiff Navigators Specialty Insurance Company alleges that it paid more than $1 million to defend and settle an action brought against its insured, Professional Builders, Inc., which plaintiff paid under a full reservation of rights. Plaintiff now seeks to recover from defendant reimbursement of defense expenses and settlement payments attributable to non-covered claims. On December 1, 2017, the court heard a special anti-SLAPP motion to str...
2019.9.20 Demurrer 565
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.20
Excerpt: ... to first cause of action of Complaint RULING: The court has reluctantly considered the demurrer despite the fact it was not timely filed and served within thirty days of defendant being served with the complaint, or within the time permitted for the parties to stipulate to an extension of time without a court order. Counsel for defendant is cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the s...
2019.9.20 Demurrer, Motion for Terminating Sanctions 176
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.20
Excerpt: ...nts & authorities supporting sanction: yes RULING: Defendant Warren Properties, Inc.'s Demurrer to Second Amended Complaint is OVERRULED. Ten days to answer. Defendant's Motion for Terminating Sanction is DENIED. The court orders plaintiff Jessica Kramer to fully comply with the court's April 26, 2019 minute order within ten days, including the payment of monetary sanctions. If such compliance requires further sets of responses, further responses...
2019.9.20 Motion for Terminating Sanctions 574
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.20
Excerpt: ...ments, Inc. RULING: UNOPPOSED Motion by Plaintiff Northern California Collection Service, Inc. for Terminating Sanctions, or in the alternative for Evidentiary Sanctions is GRANTED. Defendant has failed to comply with this court's order of May 10, 2019 to serve further responses to Form Interrogatories, Set One. Defendant has also failed to file timely written oppositions to the prior motion or this motion. This has resulted in prejudice to plain...
2019.9.13 Demurrer 238
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.13
Excerpt: ...3000300030003000300 000300030003> <0048004700030026005200 500053004f0044004c00510057> Meet and Confer? Yes CAUSES OF ACTION: from Second Amended Complaint (Body of pleading, not caption) 1. Dual Tracking 2. Fraud 3. Conspiracy 4. Unfair Business Practices SUMMARY OF FACTS: Plaintiff Anthony Siracusa alleges that he owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the servicer of the loan is Wells Fargo, and the subjec...
2019.9.13 Motion for Judgment on the Pleadings 641
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.13
Excerpt: ...adings is GRANTED WITHOUT LEAVE TO AMEND to the first cause of action for accounting, second cause of action for conversion, third cause of action for money had and received and fifth cause of action for quiet title, based on the concession in the moving papers that these matters involve the resolution of religious doctrine. Motion is GRANTED WITH LEAVE TO AMEND as to the fourth cause of action for declaratory relief. Any amendment is to be limit...
2019.9.13 Motion for Summary Judgment 432
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.13
Excerpt: ...y Adjudication) [CCP § 437c] <0003000300030003000300 00500053004f0044004c[nant Manchester Properties, Inc. Responding Party: Cross-Defendant Hamidreza Malekzadeh Kashani (No Opposition) <0003000300030036005800 0047004a005000480051[t, or in the alternative, summary adjudication of issues on the First Amended Cross-Complaint Causes of Action from First Amended Cross-Complaint 1) Breach of Written Lease SUMMARY OF COMPLAINT: Plaintiff Hamidreza Mal...
2019.9.6 Motion to Compel Further Responses 416
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ...tions Sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok FACTUAL BACKGROUND: Plaintiff Gonzalo Mendoza alleges that in June of 2017 plaintiff purchased a 2017 GMC Sierra 1500, which was manufactured by defendant General Motors LLC, and was purchased from defendant's authorized dealership. Plaintiff alleges that in...
2019.9.6 Motion for Summary Judgment 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ... Providence St. Joseph Medical Center Responding Party: Plaintiff Jason Steger CAUSES OF ACTION: from Complaint 1) Medical Malpractice SUMMARY OF COMPLAINT: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant <0003004400450047005200 004c0051000f00030044[nd that defendants, various medical providers, negligently performed a colonoscopy procedure on plaintiff which perforated his colon in multiple areas. Plai...
2019.9.6 Demurrer 269
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ...ker RELIEF REQUESTED: <0048004700030026005200 500053004f0044004c00510057[ RULING: Demurrer to Plaintiff's Second Amended Complaint is OVERRULED. Ten days to answer. CAUSES OF ACTION: from Second Amended Complaint 1. Medical Negligence SUMMARY OF FACTS: Plaintiff Shannon L. Seeker alleges that in or about August 20, 2015, an employee of defendants Hill Medical Corporation, Jim and Eleanor Randall Breast Center and Huntington-Hill Breast Center, du...
2019.9.6 Demurrer 936
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ... Corp., Hsien Lun Tsai, Grace Tsai, et al. RELIEF REQUESTED: Sustain demurrer to first and second causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1. Fraud 2. Civil Conspiracy to Commit Fraud 3. Breach of Written Contract RULING: Defendant Amaxi Nutrition Products, Inc.'s Demurrer to First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. Demurrer to the first cause of action for fraud is SUSTAINED WITH...
2019.9.6 Demurrer, Motion to Strike 360
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ...arty: Cross-complainant Dot Dot Smile, LLC (No Opposition) RELIEF REQUESTED: Sustain demurrer to Cross-Complaint Strike Punitive Damages CAUSES OF ACTION: from Complaint 1. Intentional Misrepresentation 2. Negligent Misrepresentation 3. Breach of Contract 4. Implied Indemnity 5. Equitable Indemnity 6. Unfair Business Practices SUMMARY OF FACTS: Plaintiff FCMT, Inc. alleges that defendant Dot Dot Smile, Inc. placed garment orders with plaintiff fo...
2019.9.6 Demurrers 912
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ...OF ACTION: from Second Amended Complaint 1. Negligence Medical Malpractice 2. Strict Product Liability RULING: [No Opposition] Defendant Huntington Memorial Hospital's UNOPPOSED Demurrer to Plaintiff's Third Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND for the reasons stated in the moving papers, and in the court's previous minute order of May 10, 2019. Olympus America Inc's UNOPPOSED Demurrer to Plaintiff's Third Amended Complaint is SU...
2019.9.6 Motion for Leave to File Amended Complaint 419
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ... RELIEF REQUESTED: File a First Amended Complaint CONTENTS OF MOTION: (CRC 3.1324(a)) Copy of the proposed amendment served on all parties? (CCP §471.5): Yes, Ex. B <0003000300030003000300 00030003000300030003[ Yes <0003000300030003000300 00030003000300030003[<004f004f005c0003000300 03000300030003[ Serially numbered to differentiate the sequential order of the amendments? Yes States what allegations are proposed to be deleted or added? Yes Date ...
2019.9.6 Motion for Preference 916
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ... is CONTINUED to October 25, 2019 at 9:00 a.m. The court finds that plaintiff has failed to establish by admissible evidence that plaintiff is under 14 years of age. FACTUAL BACKGROUND: Plaintiff Charlotte Fang, through her GAL Juanzi Fang, alleges that plaintiffs leased a pool house from defendants Fusheng Li and Lei Zhao, (the “Homeowners”) and that defendants Tina Lai, Kuan Sung, Real Estate Elite Corp. and Remax Premier Properties acted a...
2019.9.6 Motion for Relief 525
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.9.6
Excerpt: ...led? Yes RELIEF REQUESTED: Set aside default and default judgment (entered June 25, 2019) RULING: <0048005100570003004c00 00270003005300580055[suant to CCP § 473(b), based on defendant's mistake, surprise and/or excusable neglect. Default entered on June 25, 2019 is set aside. Defendant is ordered to efile with the court by close of business this date a separate, original signed Answer to the Complaint and Cross-Complaint. FACTUAL AND PROCEDURAL...
2019.8.30 Discovery Motions 930
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ... Interrogatories, Set One from each plaintiff Responses to Special Interrogatories, Set One from each plaintiff Responses to Demand for Production, Set One from each plaintiff CHRONOLOGY Date Discovery served: January 24, 2019 Date Responses served: NO RESPONSES SERVED Date Motion filed: August 7, 2019 OPPOSITION: No opposition. ANALYSIS: Motions to Compel Responses Interrogatories and Documents Under CCP § 2030.290, “If a party to whom interr...
2019.8.30 Demurrer 444
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...AND PROCEDURAL BACKGROUND: Plaintiff Yanan Tang alleges that she entered into an agreement with defendant Joel Spence, pursuant to which defendant agreed to represent plaintiff as her attorney in dealing with an immigration matter. Plaintiff alleges that she is a 30-year old female from China who was last admitted into the United States in December 2011 with a F-1 student Visa, and affirmatively applied for asylum, with her case being referred to...
2019.8.30 Demurrer 936
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...fendant Andrew Kuhn's Demurrer to First Amended Complaint is OVERRULED. Ten days to answer Defendant Macie Wang's Demurrer to First Amended Complaint is OVERRULED. Ten days to answer. Meet and Confer? Plaintiff did not respond RELIEF REQUESTED: Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Fraud 2) Civil Conspiracy to Commit Fraud 3) Breach of Written Contract SUMMARY OF FACTS: Plaintiffs allege tha...
2019.8.30 Demurrer, Motion to Strike (SLAPP) 245
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ... striking fourth and fifth causes of action of FAC and awarding attorneys' fees CAUSES OF ACTION: from First Amended Complaint 1) Fraud and Deceit 2) Conversion of Property 3) Breach of Fiduciary Duty 4) Breach of Written Contract 5) Breach of Implied Covenant of Good Faith and Fair Dealing 6) Declaratory Relief SUMMARY OF FACTS: Plaintiff BLT Communications, LLC alleges that it is the largest entertainment marketing and media company in the worl...
2019.8.30 Motion to Strike 852
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...endants' Motion to Strike Portions of First Amended Complaint is construed by the court as a motion to strike portions of plaintiff's complaint. The motion is denied as untimely and on its merits. Ten days to answer. CAUSES OF ACTION: from Complaint 1) Negligence 2) Premises Liability 3) Breach of Covenant of Quiet Enjoyment 4) Breach of Implied Warranty of Habitability 5) Maintenance of Nuisance 6) Constructive Eviction SUMMARY OF FACTS: Plainti...
2019.8.30 Motion for Summary Judgment, Adjudication 834
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...tive, summary adjudication of each cause of action Causes of Action from First Amended (Form) Complaint 1) General Negligence 2) Premises Liability SUMMARY OF COMPLAINT: Plaintiff Sheila M. Williams alleges that defendants County of Los Angeles and City of Pasadena failed to properly maintain a dirt area between a light standard and south parking lot driveway on Lake Avenue in Pasadena, so that there was a nearly six-inch dip in the dirt near the...
2019.8.30 Motion to Compel Further Responses 416
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...of years pursued a business in which he could invent and sell shisha made from tea leaves, free of tobacco, nicotine, tar, chemicals, dyes and other artificial ingredients, sought the assistance and advice of plaintiff and ultimately offered plaintiff a 45% ownership interest in the company, to which plaintiff agreed. The company was incorporated as defendant Heavenleaf, Inc. with plaintiff taking on the role as Director and CFO, and defendant Na...
2019.8.30 Motion to Compel Further Responses, Production of Docs 130
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...ird party DiRosario & Daughter, LLC (No Opposition) FACTUAL BACKGROUND Plaintiff Navigators Specialty Insurance Company alleges that it paid more than $1 million to defend and settle an action brought against its insured, Professional Builders, Inc., which plaintiff paid under a full reservation of rights. Plaintiff now seeks to recover from defendant reimbursement of defense expenses and settlement payments attributable to non-covered claims. On...
2019.8.30 Motion to Compel Arbitration 708
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.30
Excerpt: ...281.2): Ortiz Decl., Ex. 1 No waiver of right to compel arbitration (CCP §1281.2(a); 1281.5): None mentioned No grounds for revocation of agreement to arbitrate (CCP §1281.2(b)): None mentioned Parties to the agreement are not parties to an action with a third party arising out of the same transaction, occurrence, or event with the possibility of conflicting rulings on a common issue of law or fact (CCP §1281.2(c))* [but does not apply to arbi...
2019.8.23 Discovery Motions 849
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...) <0003000300030003000300 000300030033004f0044[intiffs Wang Shiu Hsia Huang and Tuu Cherng Hwang (Compel Docs) <0003000300030003000300 00030003000b00310052[ Opposition) RELIEF REQUESTED: Further Responses to Request for Admissions Responses to Document Demands, Set Three RULING: Cross-Defendant Joseph Jung's Motion to Compel Cross-Complainant Michael Sayer to Provide Further Responses to Requests for Admissions is MOOT in light of the service of ...
2019.8.23 Demurrer 236
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...030003000300030003[ Moving Party: Defendant Heritage Housing Partners Responding Party: Plaintiffs Miriam Recinos, Alan Isaac Orellana-Recinos, through his GAL, and Aaron Isaiah Orrellana-Recinos, through his GAL Meet and Confer? Ok RELIEF REQUESTED: <0048004700030026005200 500053004f0044004c00510057[ RULING: Defendant Heritage Housing Partners' Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND on the ground the...
2019.8.23 Demurrer 460
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...alty Group, Inc. Responding Party: Cross-Complainant Silvina Zoltzman RULING: Plaintiff Luis Pezzini and Sunset Strip Realty Group, Inc.'s Demurrer to Silvina Zoltzman's Cross Complaint: Demurrer is NOT CONSIDERED BY THE COURT to the extent arguments are made by cross- defendant Luis Pezzini, in pro per, on behalf of the corporate cross-defendant, Sunset Strip Realty Group, Inc., which may not appear before the court other than through a licensed...
2019.8.23 Motion for Summary Judgment 515
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...efendant City of Burbank In the alternative, summary adjudication of issues Summary Judgment in favor of defendant/cross-defendant HHS Construction, Inc. In the alternative, summary adjudication of issues RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant City of Burbank's Motion for Summary Judgment or in the Alternative for Summary Adjudication on the Issue of Failure of a Government Claim, D...
2019.8.23 Motion to Compel Further Responses 532
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...[cy, Inc. <0003000300030003000300 00030003002700480049[endant NoHo Home Healthcare, Inc. Responding Party: Defendant NoHo Home Healthcare, Inc. <0003000300030003000300 000300030033004f0044[intiff Royal Health Home Care Agency, Inc. RELIEF REQUESTED: Further Responses to Plaintiff's Special Interrogatories, Set Two Further Responses to NoHo's Special Interrogatories, Set One FACTUAL BACKGROUND: Plaintiff Royal Home Healthcare Agency, Inc. alleges ...
2019.8.23 Motion to Deem Requests fo Admissions Admitted 054
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...[ Responding Party: Defendant General Motors, LLC (No Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted RULING: [No opposition] Plaintiff Patricia Cano's Motion to Have Requests for Admissions Deemed Admitted is GRANTED. Defendant has failed to serve timely verified responses, or a proposed response to the requests for admission that is in substantial compliance with Section 2033.220 prior to the hearing on this motion....
2019.8.23 Motion to Quash Service 476
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...9 Klump Ave., LLC's Motion to Quash as to Service of Summons and Complaint is GRANTED. The service on 5509 Klump Ave., LLC as reflected in the proof of service showing service on April 16, 2019 is quashed as not effected in conformity with CCP § 416.10. DECLARATION OF MOVING PARTY (CCP §2015.5; CRC 315(a)): yes ANALYSIS: Procedural Defendant in Default <0003002f002f0026000300 00030054005800440056[h service of the summons and complaint on defend...
2019.8.23 Motion to Transfer Case 809
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.23
Excerpt: ...e County Superior Court RULING: Motion to Transfer Case is DENIED. The court reading the plain language of the statutory provision relied upon, and case law interpreting it, finds that venue is appropriate in Los Angeles County, where defendant White resides. Specifically, the full sentence relied upon in CCP § 394 (a) requires a transfer only in limited circumstances: “(a) An action or proceeding against a county, or city and county, a city, ...
2019.8.16 Motion to Compel Further Responses 360
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.16
Excerpt: ...STED: Further Responses to Form Interrogatories, Set One Further Responses to Plaintiff's Requests for Production, Set One CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: <0003000300030003000300 00030003000300030003[ ok Reasonable and good faith attempt to resolve informally: ok, Exhibit 4 CHRONOLOGY <0003000300030003000300 00530055004c004f0003[5, 2019, overnight <0003000300030003000300 005c0003001b000f0003[2019 <00030003000300030...
2019.8.16 Demurrer 005
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.16
Excerpt: ...q.] <0003000300030003000300 00030003000300030003[ Moving Party: Defendants JP Morgan Chase Bank, N.A. and Deutsche Bank National Trust Company as Trustee Responding Party: Plaintiff Esperanza Bagwell RULING: Defendants' Demurrer to Plaintiff's First Amended Complaint: Demurrer as brought by defendant Deutsche Bank National Trust Company is SUSTAINED WITHOUT LEAVE TO AMEND as to all causes of action, as it is not a party to the settlement agreemen...
2019.8.16 Demurrer, Motion to Strike 690
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.16
Excerpt: ...arty: Defendant Shannon Kwong Responding Party: Plaintiff Michelle Juarez RULING: Defendant Shannon Kwong's Demurrer to Plaintiff's Complaint is OVERRULED. Defendant Shannon Kwong's Motion to Strike Portions of Plaintiff's Complaint is DENIED. Ten days to answer. Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to Complaint Strike Punitive Damages, Gross Negligence CAUSES OF ACTION: from Complaint 1. Breach of Contract 2. Gross Negligence 3...
2019.8.16 Motion for Summary Judgment 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.16
Excerpt: ...Requested: Summary judgment in favor of defendant John A. Kasher, M.D. Summary judgment in favor of defendant James Kao, M.D RULING: Defendant James Kao, M.D.'s Motion for Summary Judgment is DENIED. The court in its discretion has considered the late filed and served declaration of Tawhid Gazi, M.D., and the supplemental papers filed by moving party in response to that filing and finds that the continuance of the hearing date on this matter allo...
2019.8.16 Motion to Compel Further Responses 040
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.16
Excerpt: ...onses to all Special Interrogatories, Set One Further Responses to Request for Production (Set One) MONETARY SANCTION Notice stating person/party/counsel against <0003000300030003000300 00030003000300030003[ Defendant and counsel Notice stating amount sought: $3,150 <0051004a00030044005000 004a004b0057001d[ 9 hours drafting motion, reviewing opposition, drafting reply, attending hearing @ $350 per hour TOTAL = $3,150 Points & authorities supporti...
2019.8.16 Motion for Monetary Sanctions 532
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.16
Excerpt: ...gatories, Set One Monetary sanctions RULING: Motion to Compel Further Discovery Responses to Request for Admissions Set 1 and Form Interrogs Set 1 filed on behalf of defendants/cross-complainants NoHo Home Health Care, Inc. and Bella Aslanova scheduled for 03/08/2019: The court has considered the supplemental papers submitted by both sides: The Court's Tentative Ruling of March 8, 2019 now becomes the order of the Court, including as to the monet...
2019.8.2 Demurrer 601
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: ... the first through third causes of action against Jin and third causes of action against Zhang and Hakka), and OVERRULED in part (i.e., as to the fourth through thirteenth causes of action). The court will hear from counsel for Cross-Defendants as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Jinhua Jin (“Jin”) is the managing member of Plaintiff Hakk...
2019.8.2 Demurrer 732
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: ...n demurrer to First Amended and Second Amended Complaints CAUSES OF ACTION: from First Amended Complaint 1) Complaint for Unpaid Wages, Interest, and Penalties 2) Complaint for Unpaid Overtime, Interest, and Penalties 3) Failure to Provide Meal and Rest Breaks 4) Failure to Provide Accurate Itemized Wage Statement 5) Labor Code § 203 Penalties SUMMARY OF FACTS: Plaintiff Bill Wen alleges that he was employed by defendant Auto Genius Insurance <0...
2019.8.2 Demurrer, Motion to Stay Action 444
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: ... calendar as MOOT in light of the filing on June 27, 2019 of a First Amended Complaint. Motion to Stay Action for Legal Malpractice is GRANTED. The court sets a Status Conference Re Status of Stay for November 13, 2019 at 8:30 a.m. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Yanan Tang alleges that she entered into an agreement with defendant Joel Spence, pursuant to which defendant agreed to represent plaintiff as her attorney in dealing with a...
2019.8.2 Motion for Determination of Good Faith Settlement 849
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: ... good faith PROPOSED ORDER LODGED? Yes FACTS The Third Amended Complaint alleges that this matter concerns the alleged fraudulent conveyance of seven properties in which plaintiffs have an equitable interest. The TAC alleges that previously there was litigation arising out of former defendant Li-Ya Huang's actions of defrauding her parents, plaintiffs Wang Shiu Hsia Huang and Tuu Cherng Hwang, out of nearly two million dollars with which they ent...
2019.8.2 Request to Vacate or Correct Arbitration Award, Petition to Confirm Award 279
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: .../Med Care, LLC's Petition to Confirm Contractual Arbitration Award is GRANTED. Background On June 21, 2019, Petitioner Med Tech/Med Care, LLC (“Med Tech”) filed its “Petition to Confirm Contractual Arbitration Award” (“Petition”). On July 3, 2019, Med Tech filed a proof of service, which reflected that Respondent Hemosure, Inc. (“Hemosure”) had been substitute served with the Petition on June 28, 2019. On July 9, 2019, Med Tech fi...
2019.8.2 Writ of Possession 386
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: ...sponding Party: Defendant Zograv Gabrilyan (No Opposition) RULING: [No opposition] Application for writ of possession is DENIED WITHOUT PREJUDICE pursuant to CCP § 512.050. The application is confusing, as it appears directed to only one item of collateral, while the declaration refers to more than one Agreement and an additional items of collateral. [See Application, para. 4]. It is not clear if the estimated fair market value in the declaratio...
2019.8.2 Demurrer 611
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.8.2
Excerpt: ...staurant Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to first, second, third, fourth, fifth, sixth, eighth, ninth, eleventh eighteenth and nineteenth causes of action of Complaint CAUSES OF ACTION: from Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Dual Representation of Diverse Interest 5) Breach of Fiduciary Duty 6) IIED 7) Breach of Contract—Commercial Lease 8) Intentional Misrepresentation...
2019.7.26 Motion to Expunge Lis Pendens 712
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.26
Excerpt: ... Mesropyan RELIEF REQUESTED: Order expunging the Notice of Pendency of Action RULING: Motion to Expunge Plaintiff's Notice of Pending Action is GRANTED. The court finds that the claimant, plaintiff Arsen Mesropyan, has not established by a preponderance of the evidence the probable validity of his real property claim. Notice of Pendency of Action (Lis Pendens) recorded in this matter on May 9, 2017 is ordered expunged. FACTUAL and PROCEDURAL BACK...
2019.7.26 Motion to Compel Answers 532
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.26
Excerpt: ...ine Gonzales RULING: Plaintiff Royal Health Homecare Agency, Inc.'s Motion to Compel Defendant Remil Charmaine <0024003100370028002700 1100030003[ The deponent, Remil Charmaine Gonzalez is ordered to give answers to the subject questions on the resumption of the deposition, and to further questioning, to take place before August 16, 2019. Objections may be interposed, and will be preserved, but the witness is not to be instructed not to answer un...
2019.7.26 Demurrer 907
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.26
Excerpt: ... of defendant being served with the complaint, or within the time permitted for the parties to stipulate to an extension of time without a court order. Counsel for defendant is cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the statutes, rules and procedures governing this litigation. Defendant SCE's Demurrer is OVERRULED. Ten days to answer. Meet and Confer? Ok RELIEF REQUESTED: Sustain demur...
2019.7.26 Motion to Vacate Judgment 054
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.26
Excerpt: ... pursuant to CCP § 473(d), as the relief granted to the plaintiffs on default exceeded that demanded in the complaint, as the complaint does not in its prayer include allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830. Answer or other responses to complaint due in 10 days. RELIEF REQUESTED: Vacate default jud...
2019.7.26 Motion to Lift Discovery Stay 305
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.26
Excerpt: ...ding Party: Defendants Hamzask Kiramijyan, Karapet Zakaryan and KAAS PC RELIEF REQUESTED: Lift discovery stay imposed by special motion to strike, direct defendants to respond to written discovery served prior to filing of special motion to strike, allow plaintiff to conduct additional discovery on limited scope of items, postpone hearing on special motion to strike to allow time for discovery to be completed before opposition due RULING: Plainti...
2019.7.5 Motion for Leave to File Amended Complaint 114
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.5
Excerpt: ... Licea RULING: Plaintiff's Motion for Leave to File First Amended Complaint is GRANTED. The parties are ordered to meet and confer concerning the issues raised by the proposed pleading with respect to the damages claimed. The court will hear argument with respect to whether an agreement can be reached with respect to some revised content of the First Amended Complaint, or for the filing of a Second Amended Complaint once the court permits leave t...
2019.7.5 Motion to Exonerate Bond 854
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.7.5
Excerpt: ...n-Hayden RULING: <0056000300450048004800 0044004f0003004d0058[dgment entered in this matter. Also, it is not clear what effect plaintiff's pending bankruptcy has on plaintiff's standing to seek relief in this matter, and it appears that defendants may have a claim to the bond funds, which may be pursued post-judgment. RELIEF REQUESTED: <0052005600570048004700 0003004400460057004c[on SUMMARY OF FACTS: Plaintiff Marco Macias alleges that he is the ...
2019.6.28 Motion to Compel Second Deposition, IME 710
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ...ba Sunrise Ford <0003000300030003000300 00030003000300030003[ North Hollywood, Inc. Responding Party: Plaintiff Toni Lawson-Apana <0003000300030003000300 000300030033004f0044[intiff Keith Apana <0003000300030003000300 0003[ RELIEF REQUESTED BY MOVING PARTY: Order allowing second deposition of plaintiff Toni Lawson-Apana, and allowing deposition to occur at a place more distant than permitted under section 2025.250. Order allowing second depositio...
2019.6.28 Demurrer 849
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ... Shane Dailey and Cal Mutual, Inc.'s Demurrer to Cross-Complaint of Defendant Michael Sayer: Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for negligence and fifth cause of action for declaratory relief, at the concession in the opposition papers. Demurrer is otherwise OVERRULED. Ten days to answer. Cross-Defendant Joseph Jung's Joinder to Cross-Defendants Dennis Shane Dailey and Cal Mutual, Inc.'s Demurrer to Cross-C...
2019.6.28 Motion for Preliminary Injunction 238
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ...& Weiss, LLP <0044005100570003003a00 004a0052000300250044[nk, N.A. RELIEF REQUESTED: Order enjoining defendant Barrett Daffin Frappier Treder & Weiss, LLP, its agents, assigns, all those acting in concert, from selling or facilitating the sale of the subject property for the remainder of this litigation SUMMARY OF FACTS: Plaintiff Anthony Siracusa alleges that he owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the se...
2019.6.28 Motion for Protective Order 245
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ...oying hundreds of staff members, and having established prominence, recognition and success in its services, work quality and name. Plaintiff alleges that in 2012, it hired defendants Juliane LaMarche and Richard Sankey to head up a digital media division of its limited liability company, entering into an “at will” employment agreement pursuant to which defendants would develop and build the digital media department of BLT, utilizing 10-15 ex...
2019.6.28 Motion for Summary Judgment, Terminating Sanctions 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ...led by defendants John A. Kasher, M.D. and James Kao, M.D. Responding Party: Plaintiff Jason Steger RULING: Defendant Kathleen Makarewicz, M.D.'s Motion for Summary Judgment: The court notes that plaintiff Jason Steger had filed with the court Plaintiff Jason Steger's Statement of Non-opposition to Defendant Kathleen M. Makarewicz M.D.'s Motion for Summary Judgment, stating that he submits non-opposition to the motion and withdraws opposition and...
2019.6.28 Demurrer 652
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ...0300030003> Moving Party: Defendant Lyft, Inc. (Demurrer, Compel Further, Protective Order) Plaintiff Jane Doe (Compel Further) Responding Party: Plaintiff Jane Doe (Demurrer, Compel Further, Protective Order) <0003002f005c0049005700 00260052005000530048>l Further) RELIEF REQUESTED: Sustain demurrer to second and third causes of action in Corrected Second Amended Complaint CAUSES OF ACTION: from Corrected Second Amended Complaint 1. Battery 2. Ne...
2019.6.28 Motion to Enforce Settlement Agreement 536
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ... RELIEF REQUESTED: Order enforcing settlement by entering stipulated judgment against defendant Elias Tannous. SUMMARY OF FACTS: Plaintiff Courtesy Electric Wholesale filed this action to collect sums allegedly due pursuant to Account Agreements and Guaranty Agreements pursuant to which defendants agreed to pay plaintiff for electrical goods and other materials furnished and delivered to defendants by plaintiff. On July 9, 2013, plaintiff filed a...
2019.6.28 Motion to Intervene 712
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.28
Excerpt: ... Family 1992 Trust Responding Party: Plaintiff Arsen Mesropyan RELIEF REQUESTED: Order granting leave to intervene in this matter FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Arsen Mesropyan alleges he is the pastor of the Armenian Light and Life Church which is currently a tenant of three parcels of property in Burbank, currently owned by defendant Church of Jesus Christ of Latter Day Saints dba Community of Christ Church (“CCC”). Plaintiff ...
2019.6.7 Motion for Summary Adjudication 353
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.7
Excerpt: ...CP 437c(g): Material facts which do or do not create a triable issue of controversy: [No Opposition] Motion for Summary Adjudication: The court finds that plaintiffs have failed to file timely opposition to this motion, and have failed to comply with the statutory requirement of filing a separate statement addressing each material fact raised in the moving papers. Pursuant to CCP §437c(b), the motion for summary adjudication is granted. The moti...
2019.6.7 Motion for Summary Judgment 849
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.7
Excerpt: ...tive, summary adjudication of issues Causes of Action FROM THE Third Amended Complaint 1) Fraudulent Conveyance* 2) Conspiracy to Commit Fraudulent Conveyance 3) Aiding and Abetting Tort 4) Financial Abuse of Elders *Pursuant to Court's orders of June 23, 2017 and June 30, 2017, cause of action designation stricken from pleading, and the allegations treated as general allegations SUMMARY OF COMPLAINT: The Third Amended Complaint alleges that this...
2019.6.7 Motion for Terminating Sanctions 536
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.7
Excerpt: ...ed: NO RESPONSES SERVED Date of Court Order: March 1, 2019 (responses to be served within ten days, sanctions of $990 payable within 30 days); March 8, 2019 (RFAs deemed admitted, sanctions of $7005 payable within 30 days) Notice of Ruling served: March 11, 2019 Motion Served: April 17, 2019 FACTUAL BACKGROUND: Plaintiff Babak Mobin, in pro per, alleges that on April 25, 2015, he was sent from Kaiser Woodland Hills to defendant Saint Joseph's eme...
2019.6.7 Motion to Intervene and Expunge Lis Pendens 712
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.7
Excerpt: ...ro Revocable Family 1992 Trust <00030049004c004f004800 00480051004700440051[t Community of Christ Responding Party: Plaintiff Arsen Mesropyan RELIEF REQUESTED: Order expunging the Notice of Pendency of Action FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Arsen Mesropyan alleges he is the pastor of the Armenian Light and Life Church which is currently a tenant of three parcels of property in Burbank, currently owned by defendant Church of Jesus Chr...
2019.6.7 Demurrer 108
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2019.6.7
Excerpt: ...arer case does not apply, and the pleading does not allege with sufficient detail how there was a delay in discovery until “after November 19, 2017,” when the pleading also alleges that the diagnosis was made on that date. [See paras. 11, 12]. Ten days leave to amend. The parties are ordered to meet and confer in full compliance with CCP § 430.41 before any further demurrer may be filed. RELIEF REQUESTED: Sustain demurrer to First Amended Co...

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