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2018.1.26 Motion for Undertaking 732
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.26
Excerpt: ...es out of state and that defendant has established a reasonable possibility it will obtain judgment in this action. The court has considered plaintiff's request for indigency waiver of the undertaking requirement, considered all financial information submitted by plaintiff in response to the order of this court requesting further information, and finds that based upon that information, and considering the argument of all parties, plaintiff has me...
2018.1.26 Discovery Motions 698
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.26
Excerpt: ...em Danny Hansen filed the errata ordered by the court? Has counsel been retained to represent the minor, or is the GAL licensed to practice law? Does the GAL have copies of proofs of service of the opposition papers on the other parties to the action? Does the GAL have copies of the exhibits referenced in the opposition which were not attached to the papers submitted to the court? Does the GAL have copies of the responses to Requests for Admissio...
2018.1.26 Demurrer, Motion to Strike 932
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.26
Excerpt: ...lty, Jermayne L. Shannon and David A. Knight's Demurrer to Cross‐Complaint of Lorna Willard is SUSTAINED WITH LEAVE TO AMEND. The causes of action as currently alleged appear barred by this court's May 5, 2017 order denying a motion by Willard contesting the good faith of a settlement entered into between plaintiffs and defendants Keller Williams Realty, Shannon and Knight and granting the Application for Good Faith Settlement. Specifically, th...
2018.1.26 Motion for Leave to File Complaint 836
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.26
Excerpt: ...aintiffs are ordered to submit to the court a separate signed original of the proposed pleading (without highlighting), entitled the “First Amended Complaint” for filing by close of business this date, and the First Amended Complaint will be deemed filed and served upon the court's receipt of this document. Defendant's request for sanctions in the opposition is DENIED. RELIEF REQUESTED: File an Amended Complaint CONTENTS OF MOTION: (CRC 3.132...
2018.1.19 Demurrer, Motion to Strike 792
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ...rio and Anthony Serpa Responding Party: Plaintiff Kevin Roberts RULING: The meet and confer declaration filed by defendants indicate that in violation of plaintiff's <004f004800470003005700 00470003005700520003[meet and confer correspondence from defendants. The opposition points out that the meet and confer correspondence attached to the moving papers does not, as required by statute, “identify all of the specific causes of action that [defend...
2018.1.19 Demurrer 298
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ...action for declaratory relief is SUSTAINED WITHOUT LEAVE TO AMEND on the ground the relief sought against the demurring defendant does not appear to seek prospective relief, but the redress of alleged past wrongs, and the opposition fails to explain how the claim could be amended to overcome this deficiency Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action of Complaint MEET AND CONFER? Ok CAUSES OF ACTION...
2018.1.19 Demurrer, Motion to Strike 192
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ... Nest LLC to Plaintiff's Complaint is OVERRULED. Motion to Strike Portions of Plaintiff's Complaint is DENIED . Ten days to answer. RELIEF REQUESTED: Sustain demurrer to Complaint Strike punitive damages MEET AND CONFER? Ok CAUSES OF ACTION: From Complaint 1) Willful Trespass 2) Negligent Trespass SUMMARY OF FACTS: Plaintiff Pasadena Hasting Center alleges that it owns property in Pasadena improved with a commercial retail center and accompanying...
2018.1.19 Motion to Compel Deposition 178
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ... Opposition) Proof of service timely filed (CRC 317(b)): ok <0052004e00030003000300 00030003000300030003[ 16/+5 day lapse (CCP §1005) : ok Name of Deponent: David Todd Griffith Status of Deponent: Defendant (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice [Exhibit C] RULING: [No opposition] UNOPPOSED Motion to Compel the Deposition of Defendant David Todd Griffith is GRANTED. Defendant David Todd Griffith is ordered to appear for deposition an...
2018.1.19 Motion to Compel Further Responses 294
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ... RULING: Cross-Defendant Stan Boyett & Son, Inc.'s Motion to Compel Defendant Westco Petroleum Distributors, Inc.'s Further Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, is MOOT in light of the service on November 28, 2017 of further and supplemental responses. Monetary sanctions sought by the moving party are DENIED. The request for sanctions does not identify ever...
2018.1.19 Petition to Confirm Arbitration Award 414
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ... to the petition was untimely under CCP § 1290.6, as it was due ten days after service of the petition, but was filed and served more than ten weeks late. Procedurally, the unopposed petition could be granted, but the Court does not grant the petition on that ground. The Court will consider the opposition. Plaintiff in the opposition has failed to establish appropriate grounds for vacating or correcting the arbitrator's order in connection with ...
2018.1.19 Trial Regarding Bond 074
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.19
Excerpt: ...F REQUESTED: Judgment in the amount of $50,000. SUMMARY OF FACTS: Plaintiff Judy Gooler alleges that she was the owner of real property located at 415 Lotone Street, Monrovia, California, 91016 (“subject property”). On December 7, 2005, plaintiff <0047004400510057000300 002600440053004c0057[al Lending and a Deed of Trust on the subject property, naming Chicago Title Company as trustee and MERS as beneficiary. Plaintiff alleges that at the tim...
2018.1.12 Motion to Reclassify Case as Limited Civil Action 898
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ...04700030024004f0044[n Davis <004800560057004c005100 52[ RULING: Defendants' Motion for Reclassification of Action (Limited Jurisdiction) is DENIED. It is not clear from the pleadings, file and the showing made in the motion that the verdict in this case would necessarily result in a verdict below this court's jurisdictional amount. See Walker v. Superior Court(1991) 53 Cal.3d 257, 262; Ytuarte v. Superior Court (2005, 2 nd Dist.) 129 Cal.App.4th ...
2018.1.12 Motion to Consolidate Actions 696
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ... of Non-Opposition to the Motion) RULING: [No opposition] Motion to Consolidate Actions: What is the status of the stipulation to consolidate being circulated among the parties? Have all parties in each case been served with notice of the motion? Specifically, are there any parties in the other case besides Anthony Jerry Hein, as plaintiff, and the defendants named in this action? UNOPPOSED Motion to Consolidate Actions is GRANTED because the cou...
2018.1.12 Motion to Compel Further Responses 792
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ...Motion to Compel Plaintiff's Further Responses to Pacific Bell Telephone's Request for Admission, Set No. One, is GRANTED. Plaintiff Kevin Roberts is ordered to serve further non-evasive responses to Requests Nos. 14-19, without objection, which directly respond to the requests. The court does not find appropriate or credible a response that plaintiff lacks information concerning whether he himself has evidence concerning the subject issues. Mone...
2018.1.12 Motion for Relief 252
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ...Party: Defendants Tap House Grill Westmont, Inc., Robert Ward, Tap House Grill Oswego, LLC, and Tap House Gill Plainfield, LLC RULING: Motion to Set Aside Court Order of July 14, 2017 is denied. There is no showing of “excusable” neglect, and no indication that counsel intends to seek relief under the mandatory provisions of CCP § 473(b). The motion also fails to establish that this motion, filed more than two months after the court's July 1...
2018.1.12 Motion for Leave to Amend Complaint 738
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ... Star Cinemas, LLC RULING: Motion for leave to amend plaintiff's Second Amended Complaint is GRANTED. Plaintiff has failed to lodge the proposed pleading separately and therefore is ordered to provide a separate, signed, copy of the proposed pleading by 4:00 p.m. this date, at which time the Second Amended Complaint will be deemed filed and served on the current defendant. RELIEF REQUESTED: File a Second Amended Complaint CONTENTS OF MOTION: (CRC...
2018.1.12 Demurrer 892
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ...ation System, Inc.'s “Joinder” to Demurrer of Defendant Citibank is denied to the extent said “joinder” seeks that this court grant affirmative relief in favor of defendant MERS, as opposed to urging the court to sustain defendant Citibank's demurrer in favor of Citibank. The “joinder” fails to cite any legal authority under which a party may join in the subject motions seeking relief in that party's favor. The court also is reluctant...
2018.1.12 Demurrer 178
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ...e message and emailed correspondence from defendant. The parties are ordered to meet and confer in good faith in the hallway, plaintiff is ordered to prepare the required declaration under CCP § 430.41 that sets forth the results of the meet and confer, and the parties are then ordered to return to the courtroom with the declaration. Defendant Samuel's UNOPPOSED Demurrer to Plaintiff's First Amended Complaint is OVERRULED as the third cause of a...
2018.1.12 Motion for Summary Adjudication 874
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2018.1.12
Excerpt: ...tion, Inc. dba Reliance Company RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion of Cobalt Construction Company for Summary Adjudication on the First Amended Cross-Complaint is GRANTED. Adjudiction No. 1: As a matter of law pursuant to the terms of the General Provisions, Zastrow Construction, Inc. owes Cobalt Construction Company a duty to immediately accept the defense of Cobalt Construction, ...

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