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2023.10.20 Motion for Summary Judgment, Adjudication 368
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...USES OF ACTION: from Complaint 1) Violation of the California Homeowners Bill of Rights 2) Wrongful Foreclosure 3) Promissory Estoppel 4) Injunctive Relief * *Cause of action dismissed pursuant to a Request for Dismissal with prejudice filed by plaintiff on 07/31/2023 and entered as requested the same date. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Ayman M. Salem alleges that plaintiff is the owner of real property in La Canada, and that plain...
2023.10.20 Motion for Summary Judgment 318
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...ternative, summary adjudication as to plaintiff's first through seventh and ninth causes of action and claim for punitive damages. CAUSES OF ACTION: from Complaint 1) Breach of Warranty of Habitability 2) Breach of Covenant of Quiet Enjoyment 3) Nuisance 4) Business & Professions Code section 17200 et seq. 5) Negligence 6) Breach of Contract 7) Constructive Eviction 8) Violation of LARSO* 9) Civil Code 1950.5 *Cause of action dismissed pursuant t...
2023.10.20 Demurrer to FAC 103
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...) Elder Abuse 5) Theft SUMMARY OF FACTS: Plaintiff Lorraine Rhone alleges that in January of 2022 plaintiff entered into an agreement with defendant Redondo Van and Storage to move plaintiff's household goods from a two-bedroom apartment in Glendale to the city of San Pedro. Plaintiff was quoted a price of $2,400 to $3,200, with four men. Plaintiff alleges that instead of four men, five men arrived not prepared to crate a glass top dining table o...
2023.10.13 Motion to Compel Responses, to Deem RFAs Admitted 027
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...ction of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: March 23, 2023 Extensions of time to respond until: May 29, 2023 Date Responses served: NO RESPONSES SERVED Date Motion served: August 4, 2023 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party �...
2023.10.13 Motion to Compel Medical Exam 257
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake valves, causing her hair to be ripped out of her scalp as she struck her head against the subject product, knocking her unconscious. The complaint alleges that defendant Snow Joe LLC is the manufacturer, designer, and/or distributor of the subject product, and defendant Home Depot, Inc. is the distributor and/or ret...
2023.10.13 Motion for Summary Judgment 230
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...ause of action asserted against moving defendant CAUSES OF ACTION: from Complaint 1) Wrongful Death (Negligence—Premises Liability) 2) Wrongful Death (Medical Malpractice) SUMMARY OF FACTS: Plaintiff Francesca Morales, the surviving wife of decedent Robert Austria Morales, and plaintiffs Robert Nathan Morales and Matthew Ethan Kyle Morales, the surviving adult and minor sons of decedent, allege that in June of 2020, decedent was admitted to def...
2023.10.13 Motion for Judgment on the Pleadings 241
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...ong-Beverly Act—Breach of Implied Warranty 3) Violation of the Song-Beverly Act Section 1793.2 SUMMARY OF FACTS: Plaintiff Naomi Mendoza alleges that in October of 2022 plaintiff purchased a 2021 Ford Explorer vehicle for which defendant Ford Motor Company (Ford) issued a written warranty, pursuant to which Ford agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utilit...
2023.09.29 Demurrer 135
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...rre alleges that in 1991 plaintiff joined defendant Peter K. Robbins as a 50/50 partner in an advertising and branding agency, which came to be known as Bird Design, Inc. (Bird). By 1998, the company had become profitable enough that the parties decided to invest in commercial real estate, and created a new company for the new enterprise, Lucas King, LLC (Lucas King). Plaintiff alleges that she did not set up a separate Lucas King email accounts,...
2023.09.29 Motion for Change of Venue 120
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...z III RELIEF REQUESTED: Order changing the venue of this action from Los Angeles County to Santa Cruz County FACTUAL BACKGROUND: Plaintiffs Jose Fernandez Vargas and Denise Parra bring this action as the heirs and successors in interest of decedent Jose Fernandez III, alleging that in March of 2022, decedent, who was under the age of 21, was an invitee of defendant Applebee's Bar at the Applebee's Neighborhood Grill + Bar Restaurant, located in W...
2023.09.29 Motion for Summary Judgment, Adjudication 115
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...SES OF ACTION: from Complaint (from body of pleading, not caption) 1) Violation of Subdivision (D) of Civil Code Section 1793.2 2) Violation of Subdivision (B) of Civil Code Section 1793.2 3) Violation of Subdivision (A)(3) of Civil Code Section 1793.2 4) Breach of Express Written Warranty 5) Breach of Implied Warranty of Merchantability 6) Violation of Tanner Consumer Protection Act SUMMARY OF FACTS: Plaintiff Monique Korina Salazar alleges that...
2023.09.29 Motion to Compel Arbitration 761
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...Director) of Corporate Financial Planning and Analysis (FP&A) from approximately September 2020 to approximately April 16, 2021. Plaintiff alleges that plaintiff is an Indian immigrant to the United States who speaks English with an accent and was recruited by defendant to apply for the position while plaintiff was Head of Corporate FP&A at Walmart eCommerce, with unvested stock options valued at $300,000. Plaintiff alleges that during the interv...
2023.09.29 Motion to Compel Further Responses 570
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...t FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Kian Shamim alleges that in August of 2020 plaintiff leased a 2020 Porsche 911 vehicle, and express warranties accompanied the lease of the vehicle, by which defendant Porsche Cars North America, Inc. undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivere...
2023.09.29 Motion to Compel Responses 086
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ... None sought FACTUAL BACKGROUND: Plaintiff Arvin Pairavi alleges that in August of 2022 plaintiff purchased from defendant dealer Allen Gwynn Chevrolet, Inc. a new 2023 Chevrolet Corvette vehicle, which was sold to plaintiff with an express warranty from the vehicle manufacturer, defendant General Motors LLC. Plaintiff alleges that the vehicle was also sold with a statutorily implied warranty of merchantability as described in the Song-Beverly Co...
2023.09.29 Motion to Compel Responses 504
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...tted CHRONOLOGY Date Discovery served: June 16, 2023, personal Extension to Respond to: August 10, 2023 (Ex. B) Date Responses served: NO RESPONSES SERVED Date Motion served: August 15, 2023 Timely OPPOSITION: No opposition ANALYSIS: Procedural Plaintiff has filed two motions, one to compel responses to two sets of interrogatories, and one for an order deeming requests for admissions admitted. The motion to compel responses to interrogatories see...
2023.09.29 Motion to Transfer Venue 177
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...of venue to West Covina Courthouse. FACTUAL BACKGROUND: Plaintiff Kashif Khan alleges that in February of 2021 plaintiff leased a 2021 Mercedes-Benz S560, for which defendant Mercedes-Benz USA, LLC (Mercedes) issued a written warranty, pursuant to which Mercedes agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle ...
2023.09.29 Motions to Compel Depositions of PMQ, to Augment Expert Witness Designation 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...tion to Clarify Order clarifying the comments at the September 15, 2023 hearing regarding the discovery cutoff or, in the alternative, allowing the completion of only the deposition of plaintiff's expert Dr. Tawhid Gazi Motions to Compel Depositions (2) Order compelling the deposition of the Person Most Qualified for Olympus America Inc. and Production of Documents Order compelling the deposition of the Person Most Qualified for Olympus Corporati...
2023.09.29 Motions to Compel Further Responses 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...pecial Interrogatories (Set One), Interrogatories Nos. 1, 4, and 19, from each plaintiff FACTUAL BACKGROUND Plaintiffs Neuro Diagnostic Center, Inc. and Shushanik Devine allege that they were in possession of premises in Glendale and that defendants A & D Fire Sprinklers, Inc. and National Community Renaissance of California, while conducting construction work installing a new fire sprinkler system and plumbing at property directly behind the sub...
2023.09.15 Motions to Compel Further Deposition 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.15
Excerpt: ... within 75 miles of the courthouse Order Dr. Gazi to answer questions from previous deposition Order plaintiff and plaintiff's counsel to pay $6,672.90 in monetary sanctions (Olympus) Order plaintiff and plaintiff's counsel to pay $3,351.93 in monetary sanctions (Dr. Kasher and Dr. Kao) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to CSJ Providence St. Joseph Medical Center with...
2023.09.15 Motion for Attorney Fees 876
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.15
Excerpt: ...allege that they have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit B, since April 2012 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during their tenancies at the unit ...
2023.09.15 Motion for Attorney Fees 134
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.15
Excerpt: ...llege that plaintiffs at all relevant times have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit A, since February 2009 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that durin...
2023.09.15 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.15
Excerpt: ...entation 2) Intentional Misrepresentation 3) Promissory Estoppel 4) Breach of Implied Contract 5) Breach of Implied Covenant of Good Faith and Fair Dealing 6) Violation of Business & Professions Code § 17200 SUMMARY OF FACTS: Plaintiff Odet Ayvazyan alleges that she has an ownership interest in property on Chestnut Street in Glendale and has used the property as her primary residence. Plaintiff alleges that in 2011 plaintiff took out a loan mort...
2023.09.08 Motion to Strike 397
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.08
Excerpt: ...: from Complaint (from body of complaint, not caption) 1) Violation of Subdivision (d) of Civil Code section 1793.2 2) Violation of Subdivision (b) of Civil Code section 1793.2 3) Violation of Subdivision (a)(3) of Civil Code section 1793.2 4) Breach of Express Warranty 5) Breach of Implied Warranty of Merchantability SUMMARY OF FACTS: Plaintiff Jimmy Hwang alleges that in January of 2017, plaintiff purchased a 2017 Hyundai Sonata Hybrid vehicle ...
2023.09.08 Motion to Quash Subpoena 002
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.08
Excerpt: ...iff Lisa Goodrich alleges that on June 19, 2017, while she was a passenger in a vehicle which was entering an intersection, defendant Guillermo Eduardo Padilla, Jr., driving a tractor-trailer, made an unsafe left-hand turn, causing a massive collision, which totaled the vehicle where plaintiff was a passenger and caused a life-changing injury to plaintiff requiring a cervical fusion surgery. The complaint alleges that defendant was negligent per ...
2023.09.08 Motion to Compel Further Responses, for Monetary Sanctions 570
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.08
Excerpt: ...tiff was driving his 2021 Cadillac Escalade Sport Platinum down the street just outside of his mother's home in Glendale, when defendant Mary Jenner, pulling her car out of her driveway, struck plaintiff's car. Defendant exited the car and apologized. Plaintiff alleges that his car was damaged, and defendant, and/or her insurance carrier, repaired the car, but have refused to repair it to the state it was in beforehand, including refusing to full...
2023.09.08 Demurrer, Motion to Strike 056
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.08
Excerpt: ...tive damages, attorney's fees, injunction, disgorgement CAUSES OF ACTION: from Complaint 1) Breach of Contract 2) False Promise 3) Declaratory Relief 4) Unfair Practices SUMMARY OF FACTS: Plaintiff Griffith Park Rehabilitation Center, LLC alleges that in November 2018, plaintiff leased property in Glendale pursuant to a Lease Agreement with the owner of the property, defendant Panorama Convalescent Hospital Inc., for the operation of a licensed s...

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