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2022.07.06 Motion to Compel Arbitration 397
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.07.06
Excerpt: ...legations. From May 2018 to September 2020, Plaintiff worked as a cook at a Habit Burger Grill restaurant. Plaintiff alleges that she was pregnant and requested accommodations but was still instructed to perform heavy lifting. Plaintiff also alleges that she suffered sexual harassment from another cook, Defendant Bonilla. After Plaintiff reported the harassment, Defendant Habit Employment allegedly did not investigate the claims and instead disci...
2022.07.06 Motion for Attorney Fees 829
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.07.06
Excerpt: ...e Complaint alleges in pertinent part as follows: In March 2019, Plaintiff purchased a new 2019 Ram Truck 3500 (“Vehicle”) manufactured by FCA. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) o...
2022.07.06 Demurrer, Motion to Strike 878
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.07.06
Excerpt: ...er abuse; (3) intentional infliction of emotional distress; (4) financial elder abuse; (5) negligent infliction of emotional distress; and (6) negligence. On February 2, 2022, this Court partially sustained Defendant's demurrer to the complaint. On March 2, 2022, Plaintiff filed the operative First Amended Complaint, which removed the negligence and negligent infliction of emotional distress claims. Plaintiff alleges that in January 2019, he ente...
2022.06.29 Special Motion to Strike 639
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.29
Excerpt: ...ment and threats by Defendants, who were Plaintiffs' landlords. On March 18, 2022, Defendants filed the instant special motion to strike on the grounds that Plaintiffs' lawsuit is based on Defendants' service of notices, which constitute protected litigation activity. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsuit that qualifies as a strategic lawsuit ...
2022.06.29 Motion to Tax Costs 201
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.29
Excerpt: ...dgment wherein Vlaze was found liable to AMAG for unpaid loans. Marc Cubas was Vlaze's CEO, and he allegedly made several fraudulent transfers of real and personal property to other Defendants to avoid debt collection. By this action, AMAG seeks to unwind these transfers and to apply these assets to the unpaid balance of the money judgment. The operative complaint is the First Amended Complaint (“FAC”) filed August 4, 2020, alleging fraudulen...
2022.06.27 Motion to Reclassify 322
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.27
Excerpt: ...inst female coworkers based on sex, gender, and religion. Plaintiff alleges that his suspension was motivated by his own complaints of harassment against these same female employees in 2016. In December 2016, Plaintiff filed a Workers' Compensation claim against Defendant for emotional distress arising from a hostile work environment. On November 11, 2021, a Workers' Compensation Judge issued an award in favor of Plaintiff against Defendant. (Rat...
2022.06.27 Motion for Attorney Fees 588
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.27
Excerpt: ...t alleges in pertinent part as follows: In August 2019, Plaintiff leased a new 2019 GMC Sierra 1500 (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) of the CLRA s...
2022.06.24 Motion to Compel Further Responses 440
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.24
Excerpt: ...ng against Defendants Shlomo Rechnitz (“Rechnitz”), San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On March 21, 2022, Plaintiff serv...
2022.06.24 Motion for Attorney Fees 754
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.24
Excerpt: ...ess and Professions Code. The complaint arises from alleged statements posted to Defendant's social media accusing Plaintiff of engaging in election fraud. On April 1, 2022, the court GRANTED Defendant's special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute). LEGAL STANDARD A special motion to strike under CCP section 425.16 — the anti-SLAPP statute — allows a defendant to seek early dismissal of a laws...
2022.06.24 Demurrer 460
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.24
Excerpt: ...s that he rented a vehicle from Defendant on February 6, 2020. Plaintiff claims the vehicle was defective, and Defendant refused to swap the vehicle after being notified of a near collision. On an unspecified date, Plaintiff was allegedly stranded with a defective tire and no vehicle registration. Plaintiff appears to allege that during this incident, his belongings were stolen from the vehicle after paramedics and police came to assist him. On A...
2022.06.20 Motion to Compel Compliance with Notices to Appear and Produce at Trial 440
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.20
Excerpt: ... San Gabriel Healthcare & Wellness Centre LP (“San Gabriel”), G4 Wellness GP, LLC (“G4”), Rockport Administrative Services, LLC (“Rockport”), and Steven Stroll (“Stroll”). The lawsuit stems from alleged injuries Plaintiff sustained while she was a resident at a skilled nursing facility. Defendants Rechnitz and Stroll have since been dismissed. On April 29, 2022, Plaintiff served Notices to Appear and Produce at Trial to Defendants...
2022.06.17 Motion for New Trial to Include Prejudgment Interest 304
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.17
Excerpt: ...ents to be rejected, resulting in no payment from Plaintiff's customers. A judgment on special verdict was entered April 28, 2022, resulting in a judgment for Plaintiff Speedy Fuel against Defendant Gilbarco in the amount of $777,054.41. On May 10, 2022, Plaintiff filed the instant motion for new trial to include prejudgment interest in the amount of $569,129. LEGAL STANDARD Civil Code section 3287, subdivision (a) sets forth the right to recover...
2022.06.15 Motion to Strike 460
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.15
Excerpt: ...laratory relief. The action stems from an alleged nuisance created by a neighbor who lives upstairs to Plaintiff's condominium unit. The owner of the upstairs unit (“Unit 303”) allegedly replaced the carpet flooring with hardwood without the proper approvals as required by the Covenants, Conditions, and Restrictions (“CC&Rs”), leading to increased noise. The operative First Amended Complaint, filed April 5, 2022, adds causes of action for...
2022.06.15 Demurrer 561
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.15
Excerpt: ...ng, (3) fraud, and (4) unfair business practices. The lawsuit arises from the following pertinent allegations. In March 2016, Plaintiffs entered into a contract with Gorilla Corp. (“Gorilla”) for the remodel of Plaintiffs' home. (Compl. ¶ 9.) The agreement contained an arbitration clause covering any claim arising out of or relating to the contract. (Id., ¶ 11.) In March 2018, Gorilla improperly recorded a mechanic's lien for $30,000, an am...
2022.06.06 Motions to Compel Further Responses 571
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.06
Excerpt: ...sation Insurance Fund (SCIF) for unpaid insurance premiums. SCIF assigned the account to Plaintiff for collection purposes. After receiving unsatisfactory responses to requests for admission, form interrogatories, and requests for production, Plaintiff filed the instant motions to compel further responses. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the p...
2022.06.03 Motions to Compel 602
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.03
Excerpt: ...wage records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The complaint alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. (Compl. ¶ 9.) Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. (Id., ¶ 10.) Defendant initially ignored Plaintiff's requests to be properly cl...
2022.06.03 Motion to Compel Arbitration 865
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.03
Excerpt: ...tiff was a barista at a Coffee Bean café. The complaint stems from alleged sexual assaults committed by Plaintiff's supervisor, Defendant Pena. Plaintiff alleges that the store supervisor, Defendant Trujillo, would dismiss Plaintiff's concerns regarding Pena and retaliate against Plaintiff. On April 26, 2022, Defendant International Coffee & Tea, LLC filed the instant motion to compel arbitration. The motion is based on an arbitration agreement ...
2022.06.03 Motion for Attorney Fees 571
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.03
Excerpt: ...er the Song-Beverly Act, “the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) For Song-Beverly Act claims, a prevailing buyer has the burden of ...
2022.06.03 Demurrer to Complaint 840
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.03
Excerpt: ...TANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (Code Civ. Proc. § 4...
2022.06.01 Motion to Tax Costs 929
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.06.01
Excerpt: ... filed its Second Amended Complaint (“SAC”) against Minho Lim (“Lim”), Ki Soon Seo (“Seo”), N9 Int'l Trading, Inc. (“N9”), and Kaldea, Inc. (“Kaldea”) (collectively “Defendants”) alleging thirteen causes of action stemming from Defendants' receipt of kickbacks from Plaintiff's suppliers and customers. Plaintiff hired Lim as a sales associate around June 2016. Lim was responsible for managing Plaintiff's sourcing and sellin...
2022.05.27 Motion to Reopen Discovery 212
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.27
Excerpt: ...& Avedon, LLP, David Beitchman, and Beitchman & Zekian, a Professional Law Corporation (collectively “Defendants”). On July 1, 2021, this Court denied Plaintiffs' motion to reopen expert discovery, and on August 9, 2021, denied Plaintiffs' motion for reconsideration of same. On April 1, 2022, the Court denied Plaintiffs' ex parte application to continue the trial date to allow for further discovery. On May 4, 2022, Plaintiffs filed the instan...
2022.05.27 Motion in Limine, to Enforce Subpoena 141
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.27
Excerpt: ...the 8400 and 8500 blocks of South Vermont Avenue, for construction and operation of the Vermont and Manchester Transit Priority Joint Development Project. After resolution of various issues, including the County's right to take, the remaining issue for trial is the value of the Property. County presently moves in limine to exclude various trial exhibits that can be characterized into the following three categories: (1) renderings and information ...
2022.05.27 Motion for Leave to Amend 602
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.27
Excerpt: ...ge records; (2) unfair business practices; (3) constructive discharge; and (4-5) intentional/negligent infliction of emotional distress. The complaint alleges that Defendant Desai hired Plaintiff as the general manager at Defendant's restaurant, R Bar. (Compl. ¶ 9.) Defendant did not classify or pay Plaintiff as an employee but rather as an independent contractor. (Id., ¶ 10.) Defendant initially ignored Plaintiff's requests to be properly clas...
2022.05.25 Motions to Compel Further Responses 859
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.25
Excerpt: ... following causes of action: (1) fraud, (2) aiding and abetting fraud, (3) negligence, (4) violation of Business and Professions Code section 17200, et seq., and (5) common counts. The Complaint alleges in pertinent part as follows. In January 2020, Plaintiff's principal, Danny Young, responded to Oh and Fabien's Korean language advertisement in the Korean Time. Young informed Oh that he was not fluent in English and wanted a Korean language loan...
2022.05.23 Motion for Leave to Amend 687
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.23
Excerpt: ...nce, and (4) unfair competition. The lawsuit arises from the following pertinent facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose powder (“CDP”). Plaintiff alleges that the inclusion of CDP in its cook...
2022.05.20 Motion to Strike 302
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.20
Excerpt: ...Defendants Fariba Cohanim and Echo Park Ave LLC filed the instant motion to strike references to punitive damages. 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 that pleading. (Code Civ. Proc., § 435, subd. (b).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike (1) any irrelevant, false, or ...
2022.05.20 Demurrer 696
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.20
Excerpt: ...ulcers while staying at Defendants' care facility. Plaintiff alleges that Defendants failed to properly monitor and provide care to him and that the facility was underfunded and understaffed with inadequately trained personnel. On January 18, 2022, Plaintiff filed a separate action for negligence pursuant to Code of Civil Procedure section 377.34, which allows for recovery of pain and suffering in actions filed after January 1, 2022. The actions ...
2022.05.18 Motion for Sanctions 829
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.18
Excerpt: ...tiff delivered facemasks to Defendants, who have failed to pay. On December 24, 2020, Defendants filed a cross-complaint, alleging that Plaintiff misrepresented the medical grade of the masks. On February 4, 2022, Plaintiff filed a motion to compel responses to Requests for Production (“RFP”) propounded to Defendants Scosi Orthopedics and Dr. Allen Lu (collectively “Defendants”). Defendants had served unverified responses and had not prod...
2022.05.16 Motions to Compel Further Responses 600
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.16
Excerpt: ...ng (1) breach of contract, (2) money had and received, (3) fraud, and (4) negligent misrepresentation. Plaintiffs allege that Rogers was fraudulently induced into investing $350,000 in 921 Sports Group, a company owned by Peete. Peete allegedly promised to repay the loan. When Peete failed to repay the investment amount, Rogers filed a lawsuit, which resulted in a $250,000 settlement. This action stems from Defendants' alleged breach of the settl...
2022.05.16 Motion for Preliminary Injunction 029
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.16
Excerpt: ...“Gross Property”). (Compl. ¶ 1.) The property is a one-story commercial building containing various restaurants and retail businesses. (Id., ¶ 7.) Defendant owns an adjacent property (“Castelo Heights Property”). (Id., ¶ 2.) There is a public alleyway abutting both properties, which patrons of the businesses access by traversing a driveway in between the properties. (Compl. ¶ 7.) The driveway begins from Ventura Boulevard to the south...
2022.05.12 Motion for Trial Preference, to Amend Case Management Order 978
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.12
Excerpt: ...ive First Amended Complaint (“FAC”) was filed on August 26, 2020, alleging causes of action for (1) breach of contract; (2) judicial foreclosure; (3) services rendered; (4) quantum meruit; and (5) specific performance. Plaintiff alleges that he represented Defendant in an underlying lawsuit involving real property and prevailed but that Defendant has refused to pay him the agreed-upon fee. Plaintiff alleges that the parties agreed for Defenda...
2022.05.12 Motion for Judgment on the Pleadings 687
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.12
Excerpt: ...negligence, and (4) unfair competition. The lawsuit arises from the following pertinent facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose powder (“CDP”). Plaintiff alleges that the inclusion of CDP in i...
2022.05.11 Motion for Summary Judgment 204
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.11
Excerpt: ...sional Corporation, and Edward Aslanian, alleging the following causes of action: (1) dental malpractice; (2) lack of informed consent; (3) medical battery; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) fraudulent concealment. Plaintiff alleges that he retained Defendant Sarkissian for help with his dental issues and was Sarkissian's patient from April 2015 to September 2017. (Compl. ¶ 7.) Plaintiff also allegedly r...
2022.05.04 Motion to Stay Action and Vacate Trial Date 323
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.04
Excerpt: ...who was sued in federal district court and held liable for the wrongful arrest of her neighbor, Crystal Holmes. Defendants are attorneys who represented Plaintiff in the underlying Holmes action. Plaintiff alleges that Defendants did not adequately represent her interests and failed to raise various defenses, including qualified immunity. On April 6, 2022, Defendants filed the instant motion to stay the proceedings and vacate the trial date on th...
2022.05.04 Motion for Attorney Fees 167
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.04
Excerpt: ...fraud, negligence, and strict liability; (3) violations of Magnuson-Moss Warranty Act; and (4) violations of Business and Professional Code. The Complaint alleges in pertinent part as follows: In December 2020, Plaintiff purchased a new 2021 Mercedes-Benz GLE53C$ (“Vehicle”) manufactured by Defendant. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under Song-B...
2022.05.02 Demurrer, Motion to Strike 282
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.02
Excerpt: ...Complaint (“FAC”) was filed on January 24, 2022. The FAC alleges that Defendants violated certain provisions of the Ellis Act as enumerated in the Los Angeles Municipal Code (“LAMC”). Plaintiff Jessica Caruso alleges that Defendants wrongfully evicted her under the guise of withdrawal from business under the Ellis Act, when in fact Defendants intended to get rid of lower-paying tenants and did not go out of business. Plaintiff Patrick Car...
2022.05.02 Demurrer to FAC 693
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.02
Excerpt: ...ies Plaintiff sustained from a fall at her home while in Defendant's care. On October 6, 2021, this Court sustained Defendant's demurrer to the first cause of action for elder abuse with leave to amend. On February 16, 2022, the Court sustained a demurrer to the same cause of action in the First Amended Complaint. On March 24, 2022, Plaintiff filed the operative Second Amended Complaint, and Defendant presently demurs once again to the elder abus...
2022.04.29 Motion to Compel Further Responses 170
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.29
Excerpt: ...isney Parks and Resorts U.S., Inc., Disney Worldwide Services, Inc., and Rona Kay (“Kay”), 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. Plaintiffs worked for Disney from the 1980s until 2019, when they were termin...
2022.04.27 Demurrer 112
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.27
Excerpt: ...nt misrepresentation; (3) breach of contract; (4) violation of Business and Professions Code section 17200; (5) bond claim; and (6) violation of the Consumer Legal Remedies Act. The action stems from Plaintiff's purchase of a vehicle from Defendant All in Auto Group, Inc. Defendant's sales staff informed Plaintiff that the vehicle was in good condition with no defects. However, the vehicle went into limp mode and had structural damage from a prio...
2022.04.25 Motion to Strike 323
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.25
Excerpt: ...al district court and held liable for the wrongful arrest of her neighbor, Crystal Holmes. Defendants are attorneys who represented Plaintiff in the underlying Holmes action. Plaintiff alleges that Defendants did not adequately represent her interests and failed to raise various defenses, including qualified immunity. On February 25, 2022, Defendants filed the instant motion to strike references to qualified immunity, attorney's fees, expert fees...
2022.04.25 Demurrer to FAC 658
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.25
Excerpt: ...LLC); BC Design & Development, Inc. (“BC Design”); and Does 1 through 10. The Complaint relates to the construction of a 12,000 square foot single-family residence located at 1814 Marcheeta Place, Los Angles, California (the “Project”). The Complaint asserts causes of action for: (1) Money Due on Contract; (2) Foreclose Mechanic's Lien; (3) Open Book Account; (4) Reasonable Value of Labor and Materials Furnished; and (5) Breach of Implied...
2022.04.22 Motion to Stay 110
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.22
Excerpt: ...ies, LLC. Through his membership interest in the LLC, Plaintiff also claims a 50% interest in certain real property, investments, and accounts. Through this action, Plaintiff seeks an involuntary dissolution of the LLC and partition by sale of the property, investments, and accounts. On November 19, 2021, Defendant filed a cross-complaint alleging (1) breach of fiduciary duty, (2) conversion, (3) involuntary dissolution, (4) breach of the covenan...
2022.04.22 Demurrer 530
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.22
Excerpt: ...rofessions Code, and (3) conversion. The action stems from a home improvement remodeling contract between the parties. Defendants allegedly sent Plaintiff a proposal to perform work on two bathrooms within certain property owned by Plaintiff. Plaintiff allegedly accepted the proposal, forming a contract. Defendants allegedly breached the contract because the project was incomplete, and the work that was done was not in a workmanlike manner as agr...
2022.04.20 Motion to Compel Compliance with Subpoena 155
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.20
Excerpt: ...s of action based on FEHA, CFRA, and the Labor Code. Among other things, Plaintiff alleges that he was discriminated against due to a physical disability and that he suffered emotional distress. On February 17, 2022, Defendant Kinkisharyo International, LLC served subpoenas to seven medical providers requesting production of Plaintiff's medical records. On March 2, 2022, Plaintiff sent each provider an objection letter directing them not to compl...
2022.04.20 Demurrer, Motion to Strike 597
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.20
Excerpt: ... filed January 31, 2022, adds Plaintiffs Cynthia Seixas and Ronald Seixas. The FAC asserts causes of action for (1-2) elder abuse, (3) professional negligence, (4) wrongful death, (5) negligent infliction of emotional distress, and (6) violation of patient's rights. Plaintiffs are the surviving children of decedent Sara Seixas (“Decedent”). Plaintiffs allege that Decedent was a resident at Defendants' care facilities. As a result of alleged n...
2022.04.15 Motion for Reconsideration 884
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.15
Excerpt: ...s prosecution claim arises from an underlying action filed by Dolores against Rochelle and Jesse for: (1) intentional interference with parental consortium; (2) intentional infliction of emotional distress; (3) conspiracy; (4) elder abuse; (5) false light; (6) assault and battery; and (7) domestic violence. Dolores alleged that Rochelle exercised undue influence over Dolores' mother, Lucy Torres (“Lucy”) and caused Lucy to reject Dolores from...
2022.04.15 Motion for Reconsideration 201
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.15
Excerpt: ...lowing facts. In June 2007, AMAG entered into loan and security agreements with Vlaze. Pursuant to the agreements, AMAG loaned Vlaze $2,900,000 to pay business expenses, and Vlaze granted AMAG a security interest in certain collateral. In January 2010, AMAG entered into a loan amendment agreement with Vlaze pursuant to which AMAG loaned Vlaze an additional $100,000. By June 2015, Vlaze had breached the loan agreement and owed AMAG approximately $...
2022.04.15 Demurrer to SAC 499
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.15
Excerpt: ...act, (2) breach of good faith and fair dealing, and (3) wrongful termination in violation of public policy. Plaintiff has identified Does 1-3 as Burbank Subtenant LP, SRG Pacific Management LLC, and SRG Operating, Inc. (collectively “Doe Defendants”). The Doe Defendants' demurrer was sustained in part on August 18, 2021. The Court dismissed with prejudice Plaintiff's claims for breach of contract and breach of the covenant of good faith and f...
2022.04.15 Demurrer 144
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.15
Excerpt: ...ts causes of action for (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) violation of Penal Code section 496, subdivision (c). The FAC alleges that Defendants rented an apartment from Plaintiff from December 2020 to March 2021. Defendants paid a total of $19,277.01 but then allegedly asked the credit card company for a chargeback on the false premise that they did not receive what they bargained for. As a result, Defendants essen...
2022.04.13 Petition to Confirm Arbitration Award 227
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.04.13
Excerpt: ... holding the arbitration remotely. After conferring with Respondents, the arbitrator decided to proceed remotely. Respondents did not appear at the arbitration hearing in order to avoid waiving their objection. The arbitrator issued an award in favor of Petitioner. LEGAL STANDARD “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc., § 1285.) A petition ...

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