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2018.3.16 Motion for Protective Order, Compel Responses 792
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.16
Excerpt: ...C's Motion for Protective Order: The court has considered the moving papers, opposition papers, and supplemental papers. At the concession of the defendants in the supplemental papers, Defendants Motion for Protective Order is DENIED as to the following Specially Drafted Interrogatories: Nos. 247, <0015001a0013000f000300 000f0003001600140013[, 311, 312, 313, 314, 315, 316, 317, 318, 319, 342, 344, 348, 349, 350, 386, 387, 388, 389, 390, 394, 400,...
2018.3.16 Motion to Strike 752
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.16
Excerpt: ... Restaurant and Lounge and Mikayel Israyelyan Responding Party: Plaintiff Amy Nehme RULING: Defendant Worldwide Dining, Inc. dba Romanov Restaurant and Lounge and Mikayel Israyelyan's Motion to Strike Portions of Plaintiff Amy Nehme's Third Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND only as to paragraph 49 of the pleading, which appears to improperly seek punitive damages in connection with a negligence-based cause of action, when the op...
2018.3.16 Discovery Motions 938
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.16
Excerpt: ...ding Party: Plaintiff Juan Rosales (No Opposition) RULING: [No opposition] UNOPPOSED Motion for Order Compelling Responses to Form Interrogatories is GRANTED. Plaintiff Juan Rosales is ordered to provide responses, without objection to Form Interrogatories, Set No. One, within 10 days. UNOPPOSED Motion for Order Compelling Responses to Special Interrogatories is GRANTED. Plaintiff Juan Rosales is ordered to provide responses, without objection to...
2018.3.16 Demurrer 416
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.16
Excerpt: ...arty: Defendant Heavenleaf, Inc. RULING: Demurrer to Answer is OVERRULED. The Court notes that Defendant Heaven Leaf Inc. has not filed an answer to plaintiffs First Amended Complaint given that corporate defendant did not file a demurrer to Complaint. Hence, Defendant Heaven Leaf's Answer filed January 30, 2018 stands as to the Complaint and First Amended Complaint. RELIEF REQUESTED: Sustain demurrer to first through twenty-first affirmative def...
2018.3.2 Motion for Protective Order 792
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.2
Excerpt: ...ts RULING: Defendants T-Mobile USA, Inc. and T-Mobile West, LLC's Motion for Protective Order: The court in its discretion has considered the untimely opposition, filed and served two court days late, only because a reply has been filed addressing the opposition on its merits, which the court has had sufficient time to consider. However, counsel for plaintiffs is again cautioned that in the future the court may refuse to consider papers not filed...
2018.3.2 Demurrer 178
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.2
Excerpt: ...e stay of Case No. BC 615178, on the ground Larry Quisenberry does not have standing, and ordered a demurrer in Case No. BC 631077, previously set on April 7, 2017, to be heard this date. It appears that the stay may have also been lifted for the limited purpose of hearing the demurrer previously set on April 7, 2017, in Case No. BC 615178 on the issues other than standing. <0046004800550051005600 1d> 1. The court is not certain why two actions a...
2018.3.2 Demurrer 136
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.2
Excerpt: ...t Amended Complaint: The meet and confer declaration filed by defendants indicates that in violation of plaintiffs' obligations under CCP § 430.41, plaintiffs failed to respond to a meet and confer letter from defendants. The parties are ordered to meet and confer in good faith in the hallway, plaintiffs are ordered to prepare the required declaration under CCP § 430.41 that sets forth the results of the meet and confer, and the parties are the...
2018.3.2 Demurrer 077
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.2
Excerpt: ...e stay of Case No. BC 615178, on the ground Larry Quisenberry does not have standing, and ordered a demurrer in Case No. BC 631077, previously set on April 7, 2017, to be heard this date. It appears that the stay may have also been lifted for the limited purpose of hearing the demurrer previously set on April 7, 2017, in Case No. BC 615178 on the issues other than standing. <0046004800550051005600 1d> 1. The court is not certain why two actions a...
2018.3.2 Demurrer, Motion to Strike 914
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.3.2
Excerpt: ... and third cause of action for fraud are not alleged with sufficient specificity. See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 (Generally, in a fraud cause of action, a plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation). The causes of action fail to clearly allege where the alleged misrepresentations were made, and by what means they were made, in effect, whether they wer...
2018.2.23 Demurrer 174
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.23
Excerpt: ... the action pursuant to Amendments to Complaint in place of Doe 1 and Doe 2. Plaintiff is permitted leave to amend to allege the specific conduct engaged in by each moving defendant which gives rise to defendant's liability under each cause of action alleged, if appropriate, and which addresses the arguments raised in the moving papers. Request in the opposition to disregard the demurrer as not verified is DENIED. Request for Judicial Notice is G...
2018.2.23 Demurrer 576
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.23
Excerpt: ...ULED to the first cause of action for breach of contract. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the second cause of action for breach of implied covenant on the ground the pleading does not allege any breach of an implied covenant, but a breach of the alleged express terms of the contract, and so is duplicative of the first cause of action. Demurrer is SUSTAINED WITH LEAVE TO AMEND to the third cause of action for fraud. fourth cause of...
2018.2.23 Demurrer 736
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.23
Excerpt: ... only of the fact of each recorded document's recording, the date each document was recorded and executed, the parties to the transaction reflected in the recorded document, the document's legally operative language, and any legal effect of the document which is clear from its face. See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App.4 th 256, 265. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action ...
2018.2.23 Motion for Summary Adjudication 023
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.23
Excerpt: ...vices, Inc. in regard to plaintiff's fourth cause of action for intentional infliction of emotional distress Moving Party: Defendants Westfield Group, Westfield America, Inc., Westfield LLC, Santa Anita Shoppingtown, LP, Santa Anita Borrower LLC, Westfield Property Management and Nationwide Janitorial Services, Inc. Responding Party: Plaintiff Diane Boroudian RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controv...
2018.2.9 Demurrer, Motion to Strike 357
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...uses of action of First Amended Complaint Strike punitive damages, remedies pursuant to probate code, treble damages MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Financial Abuse of an Elder 2) Fraud 3) Fraud by Concealment 4) IIED 5) NIED 6) Legal Malpractice 7) Breach of Fiduciary Duties 8) Cancellation 9) Restitution 10) Restitution Under Business & Professions Code Section 17200 et seq. 11) Disgorgement of Legal Fees 1...
2018.2.9 Demurrer 416
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...hird, Fourth, Fifth and Sixth Causes of Action of Complaint MEET AND CONFER? Yes, Plaintiff did not respond CAUSES OF ACTION: From Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Civil Conspiracy 4) Aiding and Abetting Breach of Fiduciary Duty 5) Tortious Interference 6) Declaratory Relief SUMMARY OF FACTS: <004a004800560003005700 00510047004400510057[ Narek Papukyan (“Narek”) who had for a number of years pursued a business in...
2018.2.9 Motion for Permission to File Complaint in Intervention 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...intiff Esteban Montenegro (No Opposition) RULING: [No Opposition] (Were all parties served with the motion and given notice of hearing pursuant to code and in compliance with this court's order of January 12, 2018?) UNOPPOSED Motion for Permission to File Complaint in Intervention Under Civil Code § 387(b) is GRANTED pursuant to CCP section 387(b) and CCP section 405.30, based on the uncontroverted evidence submitted showing that Everyday Rich, ...
2018.2.9 Motion for Consolidation 174
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...00f000300150013001400 004b004800440055004c[ng on an ex parte application for an order vacating and extinguishing a stay injunction, the court ordered a stay of this matter to remain in effect until 2/27/18, after which the court noted defendant could seek a writ of possession. The court ordered: “Plaintiff has until 2/27/18 to seek an Ex Parte Preliminary Injunctive Order and the Court will Set a Hearing on Preliminary Injunction within the Sta...
2018.2.9 Motion for Leave to Amend Complaint 792
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...o, Anthony Serpa, Specially Appearing Non-Party Parsons Environment & Technology Group, Inc. <0003003600580055004800 00560058004f0057004c[ng Group “Joinder” in Suresite's opposition T-Mobile Defendants RULING: Motion for leave to amend the complaint is DENIED. The motion fails to comply with the procedural requirements of CRC 3.1324(a) and (b), as there is no proposed eighth amended complaint filed or served so that the court and the parties ...
2018.2.9 Motion for Order of Deposit of Undistributed Funds 690
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...t of Undistributed Surplus Proceeds is CONTINUED for the submission of a copy of the notice served and an appropriately dated and executed proof of service designating what document was served, or for further notice to be served, and for clarification concerning whether no claims, one written claim, or multiple claims were made, and if claims were made, for copies of such claims and other information concerning the claimants. SUMMARY OF FACTS: Pe...
2018.2.9 Motion for Order Permitting Discovery of Financial Condition 752
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...my Nehme Responding Party: Defendants Romanov Restaurant and Lounge and Mikayel Istrayelyan RULING: Motion for Order Permitting Discovery of Financial Conditions and Profits is DENIED, procedurally and on its merits. The motion was not brought on sufficient notice, and the motion appears premature until the court has ruled upon defendants' challenge to the claim for punitive damages. Substantively, the affidavit filed with the motion apparently r...
2018.2.9 Motion for Summary Judgment 616
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...Party: Defendants Select Portfolio Servicing, Inc. and The Bank of New York Mellon, as Trustee Responding Party: Plaintiff Poonsook Brainangkul RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: The court in its discretion has considered the opposition memorandum of points and authorities, despite the fact that they exceed the page limitations for such a document. The court has considered the entire oppo...
2018.2.9 Motion to Quash Subpoena 048
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...Nack Ngue for an Order to Quash Subpoena is GRANTED in part. American Express CT Corporation is ordered to respond to the Deposition Subpoena for <0050004500480055000300 000f0003004f004c0050[ited to the records dated from January 1, 2008 through January 27, 2014. Records from January 28, 2014 through the present are not to be produced. The court finds that defendant has established an objectively reasonable expectation of privacy in his personal ...
2018.2.9 Motion to Quash Subpoena 769
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.9
Excerpt: ...tt Tai Thvedt & Hodges, LLP is DENIED. Carl A. Botterund; Ritt Tai Thvedt & Hodges, LLP is ordered to fully comply with the Deposition Subpoena for Production of Business Records issued on November 9, 2017 within ten days. RELIEF REQUESTED: Order quashing or limiting scope of deposition subpoena MONETARY SANCTION (CCP §§ 2033(k), (l), 2023(b)(1), (c) ) None sought DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a):...
2018.2.2 Motions for Leave to File Complaint, Summary Judgment or Adjudication 614
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.2
Excerpt: ...e Compensation Insurance Fund <0049004900030036004800 0044005c00550052004f[l Management, Inc. (Amend) Responding Party: Defendant State Compensation Insurance Fund RULING: Plaintiff Sessions Payroll Management, Inc.'s Motion for Leave to File a Second Amended Complaint is GRANTED. Plaintiff has failed to lodge the proposed pleading separately. Plaintiff is ordered to submit to the court by close of business this date a separate signed original of...
2018.2.2 Motion to Deem Facts Admitted 372
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.2.2
Excerpt: ...ng Zheng Zou RULING: Motion to Deem Facts Admitted is DENIED. The opposition indicates that timely responses based on executed proofs of service of the discovery requests were in fact served, and defendant in the supplemental papers submits no evidence disputing the date of service, and the timeliness of the responses. Monetary sanctions sought by defendant are DENIED. Monetary sanctions sought by plaintiffs in opposition to the motion are GRANTE...

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