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2013 Results

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2018.1.17 Motion to Tax Costs 953
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.17
Excerpt: ...assment based on sex; and (4) failure to prevent discrimination and harassment. On 10/6/17, a jury found in favor of Plaintiff on her causes of action for retaliation and failure to prevent discrimination and harassment against the County of Los Angeles and awarded $62,127.20. The Court awarded plaintiff attorney's fees in the amount of $687,000.00 on 12/07/17. ANALYSIS: Defendant moves to tax plaintiff's request for deposition costs and “other...
2018.1.17 Motion to Deem Admitted Requests for Admission 800
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.17
Excerpt: ... requests for admission is GRANTED in part and DENIED in part. Defendant is order to provide code-compliant responses to requests for admission 1–3 and 21. The Court imposes sanctions against defendant in the amount of $3,120.00 BACKGROUND: Plaintiff commenced this action on 9/10/12 against defendant for retaliation (FEHA). On 4/7/14, the Court granted defendant's motion for summary judgment. Judgment was entered on 4/22/14. Plaintiff thereafte...
2018.1.17 Motion for Attorney Fees 428
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.17
Excerpt: ...inst defendants for: (1) negligence; (2) injuries to employee within the scope of employment; (3) negligent supervision; (4) negligent hiring/retention; (5) IIED; (6) sexual battery; (7) battery; (8) assault; (9) sexual harassment; (10) gender violence; (11) false imprisonment; (12) negligent sexual abuse; and (13) Civil Code section 51.7. Plaintiff was a student at a college within defendant LACCD's district and alleges that she was sexually ass...
2018.1.16 Motion to Strike 088
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.16
Excerpt: ...ed by the parties as records of the courts of this state. (See Evid. Code § 452.) BACKGROUND: Plaintiffs commenced this action on 02/17/17. Plaintiff filed a first amended complaint on 10/02/17 against defendant for: (1) violations of California Labor Code §§ 1182.12 and 1197; (2) Violations of California Labor Code §§ 201, 202, and 203; and (3) declaratory relief. Plaintiffs allege that they provided 24-hour-a-day protective supervision to ...
2018.1.16 Motion to Bifurcate 087
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.16
Excerpt: ...ional distress; and (4) negligent supervision of students. ANALYSIS: Defendants move to bifurcate the trial to try defendants' statute of limitations defenses prior to trial of any other issue. A court, in furtherance of convenience or to avoid prejudice, may separate any causes of action or any issues. (Code Civ. Proc., § 1048(b).) Whether to order bifurcation is ordinarily discretionary. (Weil & Brown, Civ. Proc. Before Trial (The Rutter Group...
2018.1.16 Motion for Summary Adjudication 702
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.16
Excerpt: ...Declaration of Humberto Guizar is OVERRULED. Holtz's Objection to Declaration of Guadalupe Zavala is SUSTAINED. Holtz's Objections to Declaration of Edward McIntyre: Objection 1 OVERRULED 2 OVERRULED 3 OVERRULED 4 OVERRULED 5 OVERRULED 6 OVERRULED 7 OVERRULED 8 OVERRULED 9 OVERRULED 10 OVERRULED 11 OVERRULED 12 OVERRULED 13 OVERRULED 14 OVERRULED 15 OVERRULED 16 OVERRULED 17 OVERRULED 18 OVERRULED 19 OVERRULED 20 OVERRULED 21 OVERRULED 22 OVERRUL...
2018.1.16 Motion for Attorney's Fees 552
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.16
Excerpt: ...H-SS) purporting to be orders of other trial courts on other Lemon Law cases. Such other trial orders are totally irrelevant. “A written trial court ruling in another case has no precedential value.” (Budrow v. Dave & Buster's of California (2009) 171 Cal.App.4th 875, 885; Santa Ana Medical Hospital Center v. Belshé (1997) 56 Cal.App.4th 819, 831.) On Sept. 13, 2017, this Court stated, in another case involving Knight Law Group: Plaintiff de...
2018.1.11 Motion to Vacate Judgment 319
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.11
Excerpt: ...must provide the court and each party with a copy of the material. If the material is part of a file in the court in which the matter is being heard, the party must: (1)Specify in writing the part of the court file sought to be judicially noticed; and (2)Make arrangements with the clerk to have the file in the courtroom at the time of the hearing.” (Cal. Rules of Court, rule 3.1306(c).) PRELIMINARY NOTE Two identical motions have been filed, on...
2018.1.11 Motion to Strike 655
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.11
Excerpt: ...l Notice of Judge Osorio's ruling of 4/26/17 is GRANTED.(Evid. Code § 452.) However, “taking judicial notice of the truth of a judge's factual finding, even after a contested adversary hearing, is ‘tantamount to taking judicial notice that the judge's factual finding must necessarily have been correct and that the judge is therefore infallible. We resist the temptation to do so.'” (Steed v. Department of Consumer Affairs (2012) 204 Cal.App...
2018.1.11 Motion to Reopen the Case 287
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.11
Excerpt: ...breach of contract. At the final status conference on 5/11/17, counsel for plaintiff represented that the parties had reached a settlement agreement. ANALYSIS: The plaintiffs seek to reopen the case pursuant to the terms of the settlement agreement. On 08/15/17, plaintiffs filed a motion for entry of judgment on the settlement agreement. They sought: (1) entry of judgement of $60,000 against defendant Style Mento; (2) that the case be opened agai...
2018.1.11 Motion to Compel Deposition 688
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.11
Excerpt: ...ilure to provide reasonable accommodation; (3) failure to engage in interactive process; (4) retaliation; (5) failure to prevent discrimination; (6) wrongful termination in violation of public policy; and (7) failure to produce personnel records. Plaintiff alleges that his employment was terminated almost immediately after he informed defendants that he would require multiple weekly treatments in connection with a medical disability. ANALYSIS: Pl...
2018.1.10 Motion to Compel Arbitration 359
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.10
Excerpt: ... 2017, yet defendant's motion to compel arbitration was not filed until December 8, 2017. In this department, most cases are brought to trial within one year of their filing; given the timing of this motion to arbitrate, it is unlikely that there will be a resolution of this complaint until at least 2019. However, since plaintiff has not argued delay as a reason for denying the motion to compel arbitration, the Court will not address that issue o...
2018.1.10 Motion for Leave to File Complaint 119
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2018.1.10
Excerpt: ...ed until June 11, 2018. At the time of the continuance, the Court indicated that there would be no further continuances. The court expects all parties to be ready for the scheduled 5- day jury trial on June 11, 2018. (See CRC, Rule 3.1332.) BACKGROUND: Plaintiff commenced this action on 4/25/17 against defendants for: (1) breach of contract; (2) fraud; and (3) declaratory relief. Plaintiff was the tenant in a commercial property owned by defendan...

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