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2023.08.23 Motions to Quash Subpoenas, to Uphold Highly Confidential Designation 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.23
Excerpt: ...t Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a h...
2023.08.21 Motion to Continue Trial 717
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.21
Excerpt: ... terminated Plaintiff as retaliation for Plaintiff's complaints regarding COVID safety. The operative First Amended Complaint, filed June 14, 2022, asserts causes of action based on Labor Code sections 6310, 6311, 1102.5, 232.5, and Business and Professions Code section 17200. On February 24, 2023, Defendant filed a motion for summary judgment. The motion was initially set to be heard on May 10, 2023. However, the motion was continued to June 21,...
2023.08.21 Motion to Compel Further Responses 170
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.21
Excerpt: ... Kay (Kay), and Does 1 through 10, alleging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disney from the 1980s until ...
2023.08.21 Motion to Strike 869
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.21
Excerpt: ...t stems from the allegation that Defendants have maintained their property in a way that has resulted in water intrusion onto Plaintiffs' property. On July 3, 2023, Defendants filed the instant motion to strike punitive damages from the complaint. Plaintiffs filed their opposition on July 17, 2023. LEGAL STANDARD 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 of t...
2023.08.18 Motion for Summary Judgment, Adjudication 536
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.18
Excerpt: ...ct, (2) quantum meruit, (3) account stated, and (4) open book account. Plaintiff was the subcontractor on a construction project in which RCG was the primary contractor. Plaintiff and RCG entered into a written agreement whereby Plaintiff would complete a portion of the project relating to the fabrication and installation of structural steel. RCG also allegedly ordered additional work from Plaintiff and promised to pay for it. Mikhail is allegedl...
2023.08.18 Motion for Summary Judgment 040
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.18
Excerpt: ...y Plaintiff would recruit and refer employees to Defendant in exchange for a fee. The action arises from Defendant's alleged failure to pay the requisite fee. On February 28, 2023, Defendant filed an answer to the complaint, admitting all of the allegations except two. Defendant denies paragraph 13 of the complaint because it has no record of saying “thanks for your patience” in response to a payment request. (Answer ¶ 3(b).) Defendant also ...
2023.08.18 Motion for Attorney Fees 025
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.18
Excerpt: ... Plaintiff sued, among others, EVOLV; Kenneth Bruce Shaevel, EVOLV's chief executive officer; KBLED, Inc., a company owned in part by Shaevel; and All-In Energy Group, LLC, an investor in EVOLV, for wrongful termination, breach of contract, unlawful retaliation and unfair business practices. This Court sustained demurrers and dismissed Plaintiff's causes of action for wrongful termination and unfair business practices. On June 23, 2021, the Court...
2023.08.16 Motion to Compel Deposition 170
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.16
Excerpt: ...DWWS), Rona Kay (Kay), and Does 1 through 10, alleging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disney from the 1...
2023.08.16 Motion to Challenge Good Faith Settlement 265
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.16
Excerpt: ...intiffs Danae Locatelli, Danielle Peckham, Deborah Koch, and Duane Otrambo against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Inc., and Does 1 through 100. Defendants Livanova Deutschland, GMBH and Livanova Holdings USA, Inc. were identified as Does 1 and 2, respectively. The action stems from the death of Decedent Dora Otrambo after a medical procedure. On March 17, ...
2023.08.11 Motion for Summary Judgment 040
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.11
Excerpt: ...983 against Defendants County of Los Angeles, Los Angeles Sheriff's Department, Detective Josue Torres, and Sergeant Jose Rojas. Plaintiff was arrested and charged with the murder of Miguel Herrera. Plaintiff alleges that he was misidentified by a witness to the incident. Plaintiff alleges that he was wrongfully arrested and prosecuted. The information against Plaintiff was eventually dismissed, and he filed this action for malicious prosecution....
2023.08.11 Motion for Judgment on the Pleadings 549
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.11
Excerpt: ...oe Samuel Bailey and Renew Spinal Care, Inc. The operative First Amended Complaint was filed on March 27, 2020. The purported Second Amended Complaint on July 31, 2023 is not properly filed because a party may only amend a complaint once without leave of court. (See Code Civ. Proc., § 472(a).) The FAC asserts a single cause of action for breach of written settlement agreement. The FAC alleges that Plaintiffs loaned money to Defendants and that t...
2023.08.11 Motion to Strike or Tax Costs 410
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.11
Excerpt: ...t Amended Complaint on November 18, 2021, asserting breach of contract, trespass, conversion, fraud, and unjust enrichment. On September 3, 2021, Defendants filed a cross-complaint against Plaintiff for breach of contract, unlawful retention of security deposit, unjust enrichment, and conversion. The matter came on for a court trial from May 2-4, 2023, after which the Court entered judgment: (1) for Plaintiff Crocker & Towne Wholesale Mart, LLC a...
2023.08.11 Motion to Uphold Highly Confidential Designation 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.11
Excerpt: ... complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton ...
2023.08.09 Motion to Transfer and Consolidate 811
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.09
Excerpt: ...) breach of contract, (2) implied indemnity, (3) negligence, (4) conversion, and (5) fraud. The case involves a construction project that took place in Ventura County. The property is owned by RB. BFF was the general contractor on the project, and R&M was the subcontractor. Duarte owns and operates R&M. The complaint alleges that R&M performed its work negligently, causing multiple shutdowns and delays. BFF terminated R&M from the project, and Du...
2023.08.09 Motion to Compel Compliance with Subpoena 602
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.09
Excerpt: ... provide accurate wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Plaintiff alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. Defendant did not classify or pay Pla...
2023.08.09 Demurrers to FAC 190
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.09
Excerpt: ...operative First Amended Complaint, asserting claims for interference with contract, interference with prospective economic advantage, fraud, and constructive trust. On May 23 and 25, 2023, Defendants filed the instant two demurrers against the FAC, primarily arguing that Plaintiff's claims to recover her supposed inheritance are subject to the exclusive jurisdiction of the Probate Court. Plaintiff filed her opposition on June 14, 2023. Defendants...
2023.08.09 Demurrer to FAC 478
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.09
Excerpt: ...e operative First Amended Complaint, filed June 15, 2023, asserts (1) quiet title, (2) declaratory relief, and (3) injunctive relief. Plaintiffs own a parcel of real property in Woodland Hills, California. In 2021, Plaintiffs acquired the property from the previous owner, Gonzales. AFCU has a money judgment against Gonzales from 2009, which AFCU plans on enforcing against the property, leading Plaintiffs to file this action. Plaintiffs allege tha...
2023.08.07 Motion to Quash Subpoena 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.07
Excerpt: ...t Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a h...
2023.08.07 Motion for Preliminary Injunction 013
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.07
Excerpt: ...llation of instrument, and declaratory relief. Plaintiffs are owners of a home located in North Hollywood (the Property). Plaintiffs purchased the Property in 2003. The prior owner of the Property, William E. James (James), had a loan from Washington Mutual Bank FA, secured by a Deed of Trust recorded against the Property (WaMu Deed of Trust). Plaintiffs allege that James paid off the WaMu loan but that the Deed of Trust was erroneously not recon...
2023.08.07 Demurrer, Motion to Strike 183
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.07
Excerpt: ...reach of contract and (2) quantum meruit. The FAC alleges that the parties entered into a written fee agreement in 2004, which encompassed representation in several matters. (FAC ¶ 7.) Plaintiff was retained to represent Defendant in business matters related to Defendant's divorce. (Id., ¶ 8.) Around July 2011, Plaintiff left the law firm he was working for and formed his own firm, and Defendant decided to have Plaintiff continue representing h...
2023.08.04 Motion for Summary Judgment 781
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.04
Excerpt: ...od Partners, LLC, and 3240 Wilshire Associates, LLC (collectively, Harridge) against Defendants Varde Partners, Inc., Mountain Real Estate Capital, LLC, VP Met LLC, VP Inglewood, LLC, VP Wilshire, LLC, and MRECV Blake Street, LLC (collectively, Varde and MREC). Harridge is a real estate development company who partnered with investors Varde and MREC on numerous projects. Some of the projects sold at a profit and others sold at a loss. As a safety...
2023.08.04 Motion for Determination of Good Faith Settlement 816
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.04
Excerpt: ...rporation, and Allen Brumer. The SAC asserts causes of action for (1) legal malpractice, (2) accounting malpractice, (3) breach of fiduciary duty, (4) fraudulent concealment, and (5) financial elder abuse. Defendant Lanning and his law firm represented Plaintiff for over thirty years in connection with estate planning. However, unbeknownst to Plaintiff, Defendants also began representing Plaintiff's son, Shervin. Defendants did not disclose this ...
2023.08.02 Motion to Stay Pending Appeal 319
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.02
Excerpt: ...Plaintiff in the underlying action because Defendants simultaneously represented two other clients seeking recovery from the same entity. Any recovery by one of the clients would necessarily have reduced the recovery of the others. For statute of limitations purposes, Plaintiff filed the instant action before the underlying case was resolved. The underlying action has since been settled. To handle the resolution in the underlying action, Plaintif...
2023.08.02 Motion to Sequence Trial 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.02
Excerpt: ...that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded ...
2023.08.02 Motion to Compel Responses 170
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.08.02
Excerpt: ...ay (Kay), and Does 1 through 10, alleging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disney from the 1980s until 20...

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