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2024.01.04 Motion for Sanctions 561
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.04
Excerpt: ...e court not in keeping with the following guarantees: (b) By presenting to the court, whether by signing, filing, submitting, or later advocating, 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 no...
2024.01.02 Motion for Sanctions 262
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.02
Excerpt: ...formation, 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 of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversa...
2024.01.02 Motion for Summary Adjudication 040
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.02
Excerpt: ...dence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment....
2023.12.14 Motion for Attorney Fees 826
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.14
Excerpt: ...ess 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 party, then the party who is determined to be the party prevailing on the cont...
2023.12.14 Demurrer, Motion to Strike 201
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.14
Excerpt: ...f Jill Greenberg 2019 Trust's Demurrer to David Bogner's Cross-Complaint and Motion for Judgment on the Pleadings are SUSTAINED as to the fifth cause of action for intentional infliction of emotional distress, with leave to amend, and otherwise OVERRULED and DENIED. I. DEMURRER 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.) A court should s...
2023.12.13 Motions to Compel Further Responses 102
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.13
Excerpt: ....” (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, or that the resp...
2023.12.13 Motion to Vacate Renewal of Judgment 112
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.13
Excerpt: ...ive years from the time the judgment was previously renewed under this article.” (Code Civ. Proc. 683.170, subd. (a).) Defendant Gregory Walker (Defendant) moves to vacate the renewal of judgment filed by Plaintiff Reymond K. Ohanian (Plaintiff) on August 10, 2023, which sought $31,818.45 in prejudgment interest in addition to the $109,583.52 judgment amount, in the aftermath of the rejection of Plaintiff's appeal. This court on November 1, 202...
2023.12.07 Motion for Protective Order 444
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.07
Excerpt: ...d confer with Defendants to select an alternative date of deposition that works for Plaintiff, Mmeje, and his counsel. Defendants to give notice. I. MOTION FOR PROTECTIVE ORDER “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by ...
2023.12.07 Demurrer to FAC 561
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.07
Excerpt: ... 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 context.” (Id. at p...
2023.12.06 Motion to Compel Further Responses, for Sanctions 185
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.06
Excerpt: ... stored information in the possession, custody, or control of any other party to the action.” (Code 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 de...
2023.12.05 Motion to Quash Deposition Subpoena 054
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.05
Excerpt: ... or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, 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...
2023.12.05 Motion for Summary Adjudication 076
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.05
Excerpt: ...dence 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 judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all pr...
2023.11.30 Motion for Summary Judgment, to Seal 817
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.30
Excerpt: ..., 45, 46–57, 61, 64, 82, 84, 89, 92, 98, 117, are SUSTAINED, as Plaintiff purports to offer expert testimony on matters for which has shown no qualification to opine. (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. Against the objection of a party, such special knowledge, skill, experienc...
2023.11.30 Motion to Expunge Lis Pendens 177
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.30
Excerpt: ...ndens may be filed by any party in an action who asserts a ‘real property claim.' [Citation.] Section 405.4 defines a ‘“Real property claim”' as ‘the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . . .' ‘If the pleading filed by the claimant does not properly plead a real property claim, the lis pendens must be expunged upon motion unde...
2023.11.30 Motion to Compel Further Responses 308
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.30
Excerpt: ....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., § 2031.310(a).) “The motion shall set forth specific facts showing good cause justifying...
2023.11.28 Motion to Waive Bond Requirement 518
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.28
Excerpt: ...rd,” in order to secure the award to the employee in the event the employer's appeal is lost. (Lab. Code § 98.2, subd. (b).) Code of Civil Procedure § 995.240 states: The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable t...
2023.11.28 Motion to Compel Further Responses 259
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.28
Excerpt: ...se 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, or that the responding party asserted objections that are either without merit or too general. (Code Civ. Proc....
2023.11.28 Motion for Leave to File Amended Complaint 346
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.28
Excerpt: ...iv. Proc. section 473 subd. (a)(1) states that: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse pa...
2023.11.17 Motion to Compel Arbitration 676
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.17
Excerpt: ... 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. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears ...
2023.11.16 Motion to Quash Subpoena 594
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.16
Excerpt: ...tifying what has been removed or redacted. Relevant documents are those that refer to Plaintiff's obesity, diabetes, hypertension, neuropathy, psychological and emotional distress, humiliation, pain and anguish, headaches, back pain, stomachaches, neck pain, shoulder pain, restless sleep, bowel irregularity, significant weight gain, increase in appetite, fatigue, loss of energy, high blood pressure, diminished interest or pleasure in everyday act...
2023.11.16 Motion to Continue Trial 756
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.16
Excerpt: ... parties which would result from granting or denying the motion, and determine whether there is good cause therefor.” (Schwartz v. Magyar House, Inc. (1959) 168 Cal.App.2d 182, 188–89.) In evaluating a request for continuance, the court should consider: (1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; (3) The length of the continuance requested; (4) The...
2023.11.15 Demurrer 718
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.15
Excerpt: ...ts appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) 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 conclusi...
2023.11.13 Motion to Compel Further Responses 678
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.13
Excerpt: ...urther 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 sought by the demand,” and “[t]he motion shal...
2023.11.13 Motion for Leave to File Amended Complaint 585
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.13
Excerpt: ...arty, or a mistake in any other respect; 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 ...
2023.11.07 Motions to Compel Further Responses 707
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.07
Excerpt: ...od's Motion to Compel Further Responses to Requests for Admission from Plaintiffs and Cross-Defendants British American Household Staffing Inc. and British American Household Staffing CA, Inc . is GRANTED. Sanctions are aalso denied against Plaintiffs B British American Household Staffing, Inc. and British American Household Staffing CA, Inc. I. MOTIONS TO COMPEL FURTHER “A party may demand that any other party produce . . . a document that is ...

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