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2021.10.05 Demurrer 285
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.10.05
Excerpt: ... cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [�...
2021.09.30 Motion to Quash Service of Summons, Demurrer 927
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.30
Excerpt: ... file a notice of motion for one or more of the following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Substitute service is allowed when personal service cannot be effect by reasonable diligence by leaving the summons and complaint at the “dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post...
2021.09.29 Motion to Compel Further Responses 877
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.29
Excerpt: ...manding 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 inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific facts showing good cause justifying the discovery s...
2021.09.28 Motions to Compel Further Responses 180
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.28
Excerpt: ...d. I. MOTION TO COMPEL FURTHER “A party may demand that any other party produce . . . a document that is in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) 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 inability to comply is...
2021.09.23 Motion for Preliminary Approval of Class Action Settlement 491
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.23
Excerpt: ...r, Inc. (2001) 91 Cal.App.4th 224, 232.) In determining whether a class settlement is fair, adequate and reasonable, the trial court should consider relevant factors, such as “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the ...
2021.09.23 Demurrer, Motion to Strike 824
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.23
Excerpt: ...��) commenced this action against MoveCU, Inc. (“Defendant”) on September 25, 2020, alleging two causes of action for (1) breach of contract and (2) common counts. Plaintiff alleges that Defendant failed to make payments to Plaintiff as set forth in a written agreement between the parties. Thereafter, Defendant filed a Cross-Complaint and an Amended Cross-Complaint against Plaintiff, to which Plaintiff demurred. The Court overruled the demurr...
2021.09.23 Demurrer 054
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.23
Excerpt: ... 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) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. ...
2021.09.22 Motion to Quash Service of Summons 789
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.22
Excerpt: ...d. (a)(1).) A plaintiff opposing a motion to quash service for lack of personal jurisdiction “has the initial burden to demonstrate facts establishing a basis for personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent wit...
2021.09.22 Motion to Compel Arbitration 180
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.22
Excerpt: ...ocation 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 existence of a valid ag...
2021.09.21 Motion to Compel Further Responses 972
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.21
Excerpt: ...s GRANTED as to Special Interrogatories No. 3 and 4. Sanctions are DENIED. I. MOTION TO COMPEL FURTHER “A party may demand that any other party produce . . . a document that is in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) 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 ...
2021.09.21 Motion to Compel Further Responses 087
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.21
Excerpt: ...� 2030.010, subd. (a).) A propounding party may move for an order compelling further responses if the party believes the answers are incomplete, evasive, or the objections are without merit. (See Cal. Code Civ. Proc. § 2030.300, subd. (d).) “On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response,” if they contend the response is incomplete or that an objection ...
2021.09.21 Motion for Sanctions 162
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.21
Excerpt: ...ld sustain a demurrer if a complaint does not allege facts 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) Cal.3d 311: “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 ...
2021.09.20 Motion to Quash Subpoena 947
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.20
Excerpt: ...may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subd. (a).) Plaintiff moves ...
2021.09.20 Demurrer 882
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.20
Excerpt: ... demurrer if a complaint does not allege facts 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) Cal.3d 311: “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 parts in the...
2021.09.16 Motion to Approve Settlement 228
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.16
Excerpt: ...ng. (Code Civ. Proc. § 708.410, subd. (a).) Here, Peddie has filed a lien in this action from a purported money judgment entered against Thomas in LASC Case No. BC679247, Thomas v. Schnider. (a) Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor's money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enfo...
2021.09.16 Demurrer, Motion to Strike 580
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.16
Excerpt: ...murrer if a complaint does not allege facts 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) Cal.3d 311: “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 parts in their ...
2021.09.14 Motion to Conduct Mental Exam 098
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.14
Excerpt: ...all not be questioned regarding sexual history, shall be included in the stipulation. I. MOTION TO CONDUCT MENTAL EXAMINATION “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc., § 2032.310, subd. (a).) “A motion for an examination under subdivision (a) shall specify...
2021.09.14 Demurrer 202
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.14
Excerpt: ....10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadings a...
2021.09.08 Motion to Compel Arbitration 162
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.08
Excerpt: ...to arbitrate; (2) grounds 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 ...
2021.09.08 Demurrer 809
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.08
Excerpt: ...e 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 facts 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) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of ...
2021.09.02 Demurrer 724
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.02
Excerpt: ...f action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demur...
2021.09.01 Motion to Establish Standard of Review and Schedule Briefing 955
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.01
Excerpt: ...perty. First, LACMTA seeks to establish that the standard of review is “gross abuse of discretion.” (Motion at p. 8.) Second, LACMTA seeks to establish that the evidence used to meet such a standard must come solely from the administrative record. (Motion at pp. 9–12.) And finally, LACMTA seeks to establish a briefing schedule for trial on Homestock's objection. (Motion at p. 12.) Homestock responds that extrinsic evidence may be allowed to...
2021.09.01 Demurrer 444
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.01
Excerpt: ... 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 facts 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) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, b...
2021.09.01 Demurrer 101
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.09.01
Excerpt: ... 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 facts 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) Cal.3d 311: “We treat the demurrer as ad...
2021.08.31 Motion to Compel Further Responses 885
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.31
Excerpt: ...dy, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) 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 inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031...
2021.08.30 Motion to Compel Deposition 212
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.30
Excerpt: ...d to manifestations in vehicles of the same year, make, and model as the subject vehicle; DENIED as to the other requests; and  GRANTED as to Alusha's emails with GSP, and as to the screenshots and videos referenced in Alusha's PTSST correspondence; and  GRANTED as to the question to Heather Gurocak regarding communications with others who were not Defendant's attorney regarding the subject vehicle, and DENIED as to all other questions. No ...
2021.08.25 Motion to Quash Service of Summons 859
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.25
Excerpt: ...s establishing a basis for personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., § 410.10.) The exercise of personal jurisdiction is constitut...
2021.08.25 Demurrer 246
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.25
Excerpt: ... 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 parts 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 where th...
2021.08.23 Demurrers 639
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.23
Excerpt: ...rticular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts 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) Cal.3d 311: “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 int...
2021.08.23 Demurrer, Motion for Sanctions 331
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.23
Excerpt: ... Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where 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 stri...
2021.08.19 Motion for Summary Adjudication 002
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.19
Excerpt: ...lly to portions of the deposition testimony offered by Defendant Robin Haim in other actions in which he described his management activities in relation to his properties and co-defendants Laurel and Fairfax. These objections are OVERRULED. I. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, subd. (a).) �...
2021.08.19 Demurrer, Motion to Strike 683
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.19
Excerpt: ... 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 facts 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) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law....
2021.08.19 Demurrer 948
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.19
Excerpt: ...ent to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.A...
2021.08.18 Motion to Compel Further Responses 641
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.18
Excerpt: ...t is in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) 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 inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too gener...
2021.08.18 Motion to Compel Arbitration 221
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.18
Excerpt: ...he arbitration agreement exists, unless (1) the petitioner has waived its right to arbitrate; (2) grounds 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. ...
2021.08.16 Motion for Judgment on the Pleadings 866
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.16
Excerpt: ...ENT ON THE PLEADINGS A party may move for a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and 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 l...
2021.08.13 Motion to File Under Seal 749
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.13
Excerpt: ... interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (California Rules of Court (“CRC”) Rule 2.550, subd. (d).) A party moving to seal records must make a sufficient evidentiary showing to overcome the presumed right of public access to the documents. (see Huffy Corp. v. Superior Court (“Huffy”) (2003) 112 Cal.Ap...
2021.08.13 Motion to Compel Arbitration 039
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.13
Excerpt: ...rty 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 existence of a valid agreement to arbitrate, and the party opposi...
2021.08.11 Demurrer 852
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.11
Excerpt: ... 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) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. ...
2021.08.11 Demurrer 573
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.11
Excerpt: ...use of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A ...
2021.08.10 Demurrer, Motion to Strike 367
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.10
Excerpt: ...f 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 facts 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) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduction...
2021.08.06 Motions to Compel Further Responses 212
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.06
Excerpt: ...uests No. 17 and 18;  GRANTED as to Form Interrogatories No. 15.1 and 17.1, and DENIED as to 4.1 and 12.1–12.3;  GRANTED as to Special Interrogatories No. 29, 30, 33–42, 45, 46, and 47, and DENIED as to Interrogatories No. 1, 5–7, 10–18, 25, 26, 31, 43, 44, 48, and 49;  GRANTED as to Requests for Admission No. 16, 52, 53, 61–65, 69, 70, 72, and 73. No sanctions are awarded. I. MOTION TO COMPEL FURTHER “A party may demand that...
2021.08.06 Demurrer, Motion to Strike 451
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.06
Excerpt: ...subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “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 parts 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 ...
2021.08.05 Motion for Summary Adjudication 593
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.05
Excerpt: ... JUDGEMENT A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, subd. (a).) “[I]f all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgm...
2021.08.04 Motion to Set Aside Dismissal 366
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.04
Excerpt: ...he cites Code of Civil Procedure § 473.5, but that statute applies to default judgments and lack of notice of an action, not lack of notice for individual motions. Nor may Therrien obtain relief under Code of Civil Procedure § 473, subd. (a) or (b), as the former addresses leave to amend pleadings, while the latter has a six-month deadline to seek relief which, given the January 2020 date of the order being challenged, expired more than a year ...
2021.08.03 Motion for Summary Adjudication 543
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.08.03
Excerpt: ... The following objections to the Capato declaration are SUSTAINED: No. 1, regarding an engagement letter that is not properly authenticated, and Nos. 10–12, 17, 18, 21, and 23–25, to the extent that Capata attributes a agency relationship between Plaintiffs and the individuals and entities (Hogan, HCVT) that were involved in the sale of stock at issue. The other objections are OVERRULED. The objections to the Taubman declaration are also OVER...
2021.07.22 Motion to Compel Arbitration 836
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.07.22
Excerpt: ...“[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 existence of a valid agreement to arbitrate, and the par...
2021.07.21 Motion to Compel Arbitration 591
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.07.21
Excerpt: ...[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 existence of a valid agreement to arbitrate, and the party ...
2021.07.21 Motion to Bifurcate 133
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.07.21
Excerpt: ...stice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case . . . .” (Code Civ. Proc., § 598.) “It is within the discretion of the court to bifurcate issues or order separate trials of actions, such as for breach of contrac...
2021.07.15 Motion for Attorney Fees 406
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2021.07.15
Excerpt: ... costs.” (Civ. Code § 5975, subd. (c).) “Governing documents” means “the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.” (Civ. Code § 4150.) “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial cou...

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