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2024.05.31 Motion to Compel Arbitration 253
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.31
Excerpt: ...pport of their motion to compel arbitration. The objections to the Kaoud declaration are OVERRULED. Objections No. 4 and 5 to the Song declaration are SUSTAINED, as Song provides no foundation for her knowledge of the corporate structures and operations of entities other than IGS Solutions LLC. The remaining objections to her declaration are OVERRULED. Defendants' objections to the declaration of David Gonzalez are OVERRULED. II. MOTION TO COMPEL...
2024.05.30 Motion for Discharge and Dismissal of Surety Under License Bond 130
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.30
Excerpt: ...bility, may bring an action against the claimants to compel them to interplead and litigate their several claims.” (Code Civ. Proc. § 386, subd. (b).) An interpleader action is an equitable proceeding. In an interpleader action, the court initially determines the right of the plaintiff to interplead the funds; if that right is sustained, an interlocutory decree is entered which requires the defendants to interplead and litigate their claims to...
2024.05.29 Motion to Quash Service of Summons 890
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.29
Excerpt: ...rty to provide notice. Defendant Michal Ofek's Special Motion to Strike (Anti-SLAPP) the First Amended Complaint is GRANTED. Moving party to provide notice. DISCUSSION MOTION TO QUASH SERVICE OF SUMMONS Code of Civil Procedure section 418.10, subd. (a)(1) states: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or...
2024.05.28 Motion for Attorney Fees 910
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.28
Excerpt: ...nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing p...
2024.05.24 Motion for Judgment on the Pleadings 504
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.24
Excerpt: ...nd argues that a complaint does not state facts sufficient to constitute a cause of action against that defendant, then the court should grant a defendant's motion only if the court finds as a matter of law that the complaint fails to alleges facts sufficient to constitute the cause of action. (See id., § 438 subd. (c)(1)(B)(ii); see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) “The standard for ...
2024.05.24 Demurrer to SAC 577
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.24
Excerpt: ...SCUSSION A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege fa cts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the de...
2024.05.22 Motion to Strike Costs 593
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.22
Excerpt: ...ment interest. The court found in Defendants' favor on the breach of contract, quite title, and declaratory relief causes of action. Defendants filed a memorandum of costs on February 16, 2024, seeking $1,360.47 in costs. Plaintiff filed the present motion to strike costs bill on March 5, 2024. Defendants filed an opposition on May 9, 2024. Plaintiff filed a reply on May 16, 2024. Analysis I. MOTION TO STRIKE COSTS “Except as otherwise expressl...
2024.05.22 Motion for Attorney Fees and Prejudgment Interest 879
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.22
Excerpt: ...nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing p...
2024.05.17 Motion for PAGA Settlement Approval 296
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.17
Excerpt: ...led pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, su bd. (l)(2).) “[A] trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” ( Moniz v. Adecco ...
2024.05.14 Motion to Compel Further Responses 723
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.14
Excerpt: ...yable to Defendants within 30 days. Defendants to provide notice. DISCUSSION “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding par ty, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sin...
2024.04.15 Motion to Compel Further Responses 185
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.15
Excerpt: ... Civ. Proc. § 2031.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inabili...
2024.04.15 Motion for Leave to File Complaint 259
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.15
Excerpt: ...court has set a date for trial.” (Code Civ. Proc., § 428.50(a) –(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).) A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or ...
2024.04.12 Motions to Compel Further Responses 953
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.12
Excerpt: ...ath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the ...
2024.04.12 Motion for Sanctions 751
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.12
Excerpt: ...vocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost...
2024.04.11 Motion for Summary Judgment, Adjudication 021
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.11
Excerpt: ... However, the ruling on this social media policy does not foreclose Boger's own testimony concerning the existence of another policy during the relevant period. ( See Contreras Decl. Exh. 2 at p. 114. The objections to the police report and criminal complaint against Young are SUSTAINED to the extent that they are introduced for the truth of any content contained within them, but are OVERRULED to the extent they demonstrate to the existence of th...
2024.04.11 Motion for Leave to File Amended Complaint 816
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.11
Excerpt: ...er res pect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances jus...
2024.04.11 Motion for Leave to File Amended Complaint 400
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.11
Excerpt: ... court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” ( Armenta ex rel. Cit...
2024.04.09 Motion to Compel Further Responses, for Sanctions 953
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.09
Excerpt: ...nswered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive...
2024.04.09 Motion for Summary Judgment 963
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.09
Excerpt: ... Sims and Panjwani are OVERRULED. Both Sims and Panjwani present adequate foundation in personal knowledge, based on their positions and ordinary job duties, for their familiarity with the policies and practices of the Probation Department's Disability Management and Compliance Unit (or Return- to-Work Unit). Plaintiff does offer meritorious objections to portions of these declarations, to the extent they purport to rely on records related to Pla...
2024.04.05 Motions to Compel Further Responses, Deposition 276
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.05
Excerpt: ...quests for production. Plaintiff John Gross' Motion to Compel Deposition of Brandon Sangster is GRANTED, and Sangster's deposition and document production is directed to take place on or before August 8, 2024. I. MOTION TO COMPEL DEPOSITION A party may make a motion compelling a witness's deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450...
2024.04.04 Motion to Compel Further Responses, for Sanctions 691
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.04
Excerpt: ...ories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequ...
2024.04.04 Motion to Compel Arbitration 663
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.04
Excerpt: ...exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existe...
2024.04.03 Demurrer, Motion to Strike 079
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.03
Excerpt: ...�We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only wh...
2024.03.29 Motion to Strike 238
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.29
Excerpt: ...re the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any...
2024.03.28 Motion for Summary Judgment, Adjudication 828
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.28
Excerpt: ...s made in Plaintiff's opposition to Defendant's separate statement, regarding its characterization of the evidence cited in support of the propositions contained therein. These objections are OVERRULED. Defendant's objections to Plaintiff's evidence submitted in opposition to the motion are more substantive. The declarations submitted by Plaintiff are replete with conclusory and speculative attributions of discriminatory and retaliatory motive to...

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