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2018.4.16 Motion to Consolidate 429
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.16
Excerpt: ...to 1828 W.85 th St., Los Angeles 90047 (“the Property”). Plaintiff alleges that due to a marriage dissolution, on August 27, 1984 Margaret Richardson transferred her interest to James Richardson via quit claim deed. James Richardson passed away without testamentary instruments on May 21, 1999 and Defendant commenced a probate case. (BP056981). Plaintiff alleges he is entitled to 1/6 of James Richardson's estate. Defendant has filed an unlawfu...
2018.4.16 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.16
Excerpt: ...NT BACKGROUND This action arises out of demolition work performed on certain real property located in Redondo Beach (“Property”). The Property was deemed a public nuisance by court order, and Plaintiff Rami Nassif was ordered to pay all costs associated with the demolition and prosecution of the nuisance claim. Plaintiff alleges that Defendant Aaron Jones, while working for the City of Redondo Beach as the Community Development Director, fabr...
2018.4.16 Motion for Good Faith Settlement, for Preferential Trial Setting, Petition to Compromise 554
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.16
Excerpt: ...rres (“Torres”) were passengers in a 1989 Crown Victoria (“Gutierrez' vehicle”) driven by Defendant Rose Ferrer (“Ferrer”). The Gutierrez's vehicle was allegedly hit by Pablo Ramirez's (“Ramirez”) 2007 Infiniti G35 (“Ramirez's vehicle”) when attempting to make a left turn. The impact allegedly cause Gutierrez's vehicle to spin around, strike another vehicle and catch on fire. Isabel Gutierrez and Torres allegedly sustained var...
2018.4.13 Motion to Compel Responses, Compliance with Requests for Production of Docs 292
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.13
Excerpt: ...rica, LLC (“Defendant.”) DISCUSSION “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)– (b).) As set forth in the motion, P...
2018.4.13 Demurrer, Motion to Strike Punitive Damages 849
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.13
Excerpt: ...the warranty period, the vehicle contained or developed defects such that the engine was unable to properly utilize engine oil. Plaintiff alleges that Defendant knew that vehicles equipped with a 2.4L engine, such as the Chevrolet Equinox, would suffer from the defects Plaintiff experienced. Plaintiff asserts seven causes of action: (1) violation of Civil Code §1793.2(d); (2) violation of Civil Code §1793.2(b); (3) violation of Civil Code §179...
2018.4.13 Demurrer 958
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.13
Excerpt: ...oyment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (“Zwissig”.) Plaintiff alleges the following causes of action: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation; (3) sexual harassment; and (4) violation of public policy. Defendant demurs to the third cause of action. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the...
2018.4.11 Demurrer 064
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.11
Excerpt: ... of Los Angeles (“Defendant”) and Does 1 through 100 for (1) disability discrimination (Government Code §§ 12940, et seq.); (2) failure to provide reasonable accommodation (Government Code § 12940(m)); and (3) failure to engage in the interactive process (Government Code § 12940(n)). On February 23, 2018, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on March 27, 2018. Defendant filed a reply on April 3,...
2018.4.11 Demurrer 199
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.11
Excerpt: ...2018, Plaintiff filed a complaint against Defendants, asserting causes of action for (1) race/color/national origin/ancestry discrimination in violation of FEHA; (2) disability discrimination in violation of FEHA; (3) failure to accommodate/engage in an interactive process in violation of FEHA; (4) retaliation for requesting accommodations/opposing practices forbidden by FEHA; (5) hostile work environment in violation of FEHA; (6) failure to do e...
2018.4.11 Motion for Attorney's Fees 147
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.11
Excerpt: ... obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Scott Co. of California v. Blount, Inc. (1999) 20 Cal. 4th 1103, 1109.) Defendant 437 HEE SK LLC (“Defendant”) moves for an award of attorneys'...
2018.4.11 Motion to Compel Further Deposition 704
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.11
Excerpt: ...s of action against Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION A. Motion to Compel Further Deposition Testimony of Plaintiff Except as provided by court order, a deposition examination of the witness by all counsel, other than the witness' counsel or record, shall be limit...
2018.4.11 Motion to Quash Service of Summons 969
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.4.11
Excerpt: .... (“Plaintiff”). Plaintiff filed the operative complaint on July 27, 2017 requesting past due rent in the amount of $143,185.35; attorney's fees; and forfeiture. Plaintiff's proofs of service for all moving Defendants indicate the person served was “the ‘Party in 2A' by posting and mailing (CCP 415.45) by leaving a copy on 8/28/17 at 2:56pm.” (Proofs of Service filed 9/15/17.) On October 28, 2017 a default and clerk's default judgment f...
2018.3.28 Petition for Leave to Present Untimely Claim 809
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.28
Excerpt: ... required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division.” (Cal. Gov. Code § 945.4.) “(a) If an application for leave t...
2018.3.28 Demurrer, Motion to Strike 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.28
Excerpt: ...axPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and television production companies in Latin America. Defendants were brokers who helped Plaintiffs obtain financing for these leases, or were the...
2018.3.28 Motion for Summary Judgment 637
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.28
Excerpt: ...ffs”) in a construction lawsuit, Gabriella Plattner, et al. v. Martiza Hartnett, et al.,<0057004c00520051000300 [ from November 2009 through July 2012. As set forth in the third amended complaint (“TAC”), Plaintiffs allege that Marks closed his law firm in March 2012 and moved his practice to Defendants Engstrom, Lipscomb & Lack (“ELL”), and continued to represent Plaintiffs until his withdrawal on July 27, 2012. (TAC ¶19; 23.) Plainti...
2018.3.28 Motion for Summary Judgment, Adjudication 691
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.28
Excerpt: ...s”) allege that Defendants illegally searched their home and vehicles without a warrant on March 5, 2015; submitted falsified and illegally obtained evidence for the purpose of obtaining a search warrant on March 20, 2015; and wrongfully detained Plaintiffs without probable cause, and searched their home on March 24, 2015. Plaintiffs were subsequently transported to Burbank Jail. Plaintiffs allege that Defendants illegally seized Plaintiffs' me...
2018.3.26 Demurrer, Request for Judicial Notice, Motion to Strike 574
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.26
Excerpt: ...“Defendant”) demurred to the initial complaint on February 6, 2018. Plaintiff alleges he was hired to work as a machine operator for Defendants and was wrongfully terminated on August 25, 2016. The causes of action alleged are (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties...
2018.3.26 Motion to Compel Deposition 868
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.26
Excerpt: ...) was filed on May 19, 2017 alleging (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) unjust enrichment; (5) misappropriation of funds/conversion; (6) fraud; (7) negligent misrepresentation; and (8) claim and delivery. Defendant Victor Leonardo Torres (“Defendant”) answered the FAC on December 20, 2017. DISCUSSION A. Motion to Compel Deposition Testimony If a subpoena requires the attendance of a witness the Court,...
2018.3.26 Motion to Compel Further Responses, File Under Seal 320
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.26
Excerpt: ...FURTHER RESPONSES TO FORM INTERROGATORIES) BACKGROUND The complaint in this action was filed by Oscar Guzman (“Plaintiff”) on June 15, 2017 for violation of the Song-Beverly Consumer Warranty Act. Defendant American Honda Motor Co., Inc. (“Defendant”) answered the complaint on August 10, 2017. EVIDENTIARY OBJECTIONS Statements made during settlement negotiations are not admissible. Cal. Evid. Code §1152. Further, these objections are unn...
2018.3.26 Motion for Determination of Good Faith Settlement 995
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.26
Excerpt: ...aintiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination in violation of public polic...
2018.3.23 Motion to Enforce Settlement, for Sanctions 405
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.23
Excerpt: ... sanctions on Defendant Selena George for failure to pay Moving Party pursuant to the executed Settlement Agreement between the parties. Parties agreed that this Court would retain jurisdiction over the Settlement Agreement pursuant to Code of Civil Procedure §664.6. DISCUSSION If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, o...
2018.3.23 Motion for Leave to Amend Complaint 301
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.23
Excerpt: ...aling' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer...
2018.3.23 Demurrer 741
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.23
Excerpt: ...or-vehicle accident (“Underlying Action”). Plaintiff alleges that the operating retainer agreement provided that in the event Plaintiff was discharged prior to obtaining a judgment, Plaintiff would be entitled to a certain percentage of the recovery. The retainer agreement was signed on September 7, 2010, Plaintiff was discharged on April 20, 2012, and the Underlying Action was settled in October 2013. Plaintiff's original Complaint filed Mar...
2018.3.23 Demurrer 976
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.23
Excerpt: ...vanni Orantes and The Orantes Law Firm (“Orantes”) arising out of their representation of Hsu in a bankruptcy matter. Jenny alleges that Orantes' negligence caused her to lose over $3 million in equity in her real property. In BC668841 asserts a legal malpractice claim against Orantes arising out of their representation of Jenny as a plaintiff in a civil action. The civil action dealt with a foreclosure sale and a loan modification applicatio...
2018.3.23 Motion to Strike 819
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.23
Excerpt: ... service of the Complaint unless extended by court order or stipulation. California Code of Civil Procedure (“CCP”) §435(b)(1). The court may strike out any irrelevant, false or improper matter inserted in any pleading, or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP §436. Defendant's Motion to Strike was filed more than one year after th...
2018.3.21 Motion to Compel Further Responses 866
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ...(“Plaintiff”) moves to compel Defendant World Private Security, Inc. (“Defendant”) to provide further responses to requests for production of documents, set one, and special interrogatories, set one. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the mov...
2018.3.21 Demurrer 499
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ...a National Mortgage In The Loan At Issue (“Defendant”) brings this demurrer to Plaintiff Theresa Jones' (“Plaintiff”) complaint. Defendant demurs on the grounds that Plaintiff fails to allege tender, Plaintiff's claims are barred by the statute of limitations, and Plaintiff cannot allege damages. Defendant's demurrer is well-taken. This is an action for quiet title. Plaintiff alleges that the Deed of Trust securing the loan on her propert...
2018.3.21 Motion to Quash Subpoena 554
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ...initi G35 (“Infiniti Vehicle”). Ramirez alleges that the Infiniti Vehicle's safety features failed to engage during the accident. Ramirez asserts claims against the Infiniti Vehicle's manufacturer (“Nissan”), and the driver of the other vehicle in the accident. BC660808 is brought by Plaintiffs Concepcian C. Torres (“Torres”), Isabel Gutierrez (“Gutierrez”), and Lynerry Henning (“Henning”) (collectively, “Torres, et al.”)....
2018.3.21 Motion to Quash Subpoena 704
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ...) and Sean Anderson (“Anderson”),a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION Plaintiff moves to quash the subpoena served by Walgreens on T-Mobile USA, Inc. The subpoena seeks the cellular phone records of Plaintiff and non-party Simeon Molina. In opposition, Walgreens explains that the incident at the center of the FAC occurred when Plaintiff attempted to...
2018.3.21 Motion to Compel Responses, Deem Truth of Matters 778
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ... OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS SET ONE, ADMITTED AND CONCLUSIVELY ESTABLISHED When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290(b).) “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the ...
2018.3.21 Demurrer, Motion to Strike Punitive Damages 519
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ... referred to as (“Defendants”), on December 4, 2017. Plaintiff alleges she entered into an agreement with Defendants to provide legal representation for the clients of LA CITY LAW in exchange for compensation. Plaintiff alleges the each of the Defendants was the agent, servant, employee, and/or co-conspirator of the other. The causes of action alleged are (1) Breach of Oral Contract; (2) Common Counts: Open Book Account, Account Stated, Servi...
2018.3.21 Motion for Leave to Amend Complaint 301
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.21
Excerpt: ...aling' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Leslie Moonves, and Pacquiao's trainer...
2018.3.19 Motion to Consolidate 554
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.19
Excerpt: ...ty features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders con...
2018.3.19 Motion to Compel Further Responses 340
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.19
Excerpt: ...N RESPONSE TO CROSS-DEFENDANT MODERN ROOFING, INC.'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS, SET NO. ONE. Cross-Defendant/Cross-Complainant Modern Roofing, Inc. (“Modern”) moves to compel Plaintiffs Steven and Danielle Avdul (“Plaintiffs”) to provide further responses to form interrogatories (“FI”) and requests for production of documents (“RFP”). The responding party has the burden of justifying the objections to the form...
2018.3.19 Demurrer 531
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.19
Excerpt: ...an employee of Defendant County of Los Angeles (“County”), while performing community service for Defendant Assistance League of Los Angeles (“Assistance League”). Plaintiff alleges that Defendants were aware of Edgar's prior sexual misconduct and exploitation of volunteers, but failed to take action to prevent further abuses. Plaintiff asserts causes of action for (1) 42 U.S.C. § 1983; (2) assault and battery; (3) negligence; (4) neglig...
2018.3.16 Petition to Approve Minor's Compromise 133
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.16
Excerpt: ...proval of the court in which the action or proceeding is pending.” A petition for court approval of a compromise must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise or covenant. (CRC Rule 7.950.) This petition is brought by Petitioner Juli Keene (“Petitioner”) on behalf of Claimant Emerald Padgett (“Claimant”). As set forth in the petitio...
2018.3.16 Motion to Compel Further Responses 678
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.16
Excerpt: ...ORM INTERROGATORIES (EMPLOYMENT), SET ONE (4) MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES, SET ONE Plaintiff Joseph Smith (“Plaintiff”) moves to compel Defendant AMR Staffing, Inc. (“Defendant”) to provide further responses to requests for production of documents, form interrogatories (general and employment), and special interrogatories. As set forth in the motions, Defendant's response to the a...
2018.3.16 Motion Pursuant to CCP 597
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.16
Excerpt: ... website that was disparaging to Plaintiff and her business, Mazgani Social Services, Inc. (the “Business”). Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, in pro per, alleges that Mahvash, and other Cross- Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the Business. In Neyaz Mazgani's (“Neyaz”) cross-complaint, Neyaz alleges ...
2018.3.16 Motion for Relief from Order Sustaining Demurrer 531
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.16
Excerpt: ...gligence, and various statutory violations. On December 4, 2017, Defendants Morad Ben Neman, Sky High Investments Company, LLC, Simon Neman, Neman Real Estate Investments, and MBN Real Estate Investments, LLC (“Defendants”) unopposed demurrer to the first amended complaint was sustained without leave to amend. REQUEST FOR JUDICIAL NOTICE/EVIDENTIARY OBJECTIONS Plaintiffs' request for judicial notice is GRANTED. However, the Court declines to ...
2018.3.9 Motion for New Trial 003
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.9
Excerpt: ...nfluence bad faith conduct in the court's statement of decision phase 1. A Trustee has a duty to comply with the trust terms. (Crocker-Citizens Nat'l Bank v. Younger (1971) 4 Cal.3d 202, 211.) A trustee has a duty to act in the best interest of the trust (Toedter v. Bradshaw (1958) 164 Cal.App.2d 200, 208.), and it is a breach of loyalty for a trustee to place his interest above a beneficiary. (Estate of Gump (1991) 1 Cal.App.4th 582, 586.) A tru...
2018.3.7 Motion to Strike 322
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.7
Excerpt: ...ter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (CCP § 436.) On June 30, 2017, Plaintiff substituted James N. Fielder as Doe Defendant #4. Fielder now moves to strike the amendment. However, as explained in the opposition, the Doe Amendment was made for the purpose of collecting judgment. “A trial court has the ...
2018.3.7 Motion to Compel Deposition, for Protective Order 301
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.7
Excerpt: ...f covenant of good faith and fair dealing' (3) false promise; (4) quantum meruit; (5) injust enrichment; and (6) declaratory relief. Rueda is the plaintiff in an action (case no. BC611486) (“Underlying Action”) in which he seeks adjudication of his claim to a finder's fee arising out of the May 2, 2015 boxing match between Floyd Mayweather and Manny Pacquiao. In the Underlying Action, Rueda alleges that he introduced CBS Network President, Le...
2018.3.7 Demurrer 592
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.7
Excerpt: ...s to construct a parking garage (“Project”) for a Courtyard Marriot located in Glendale, CA (“Property”). Plaintiff alleges that a sum of $295,575.73 remains due and owing. On August 12, 2016, Plaintiff recorded a mechanic's lien on the Property. (Compl., Exh. A.) Plaintiff asserts causes of action for (1) breach of contract; (2) common counts; and (3) action on release bond in lieu of foreclosure of mechanic's lien. DISCUSSION A demurrer...
2018.3.5 Motion for Summary Judgment, Adjudication 187
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.5
Excerpt: ...rt (“Underlying Action”), and entered into a retainer agreement. Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. EVIDENTIARY OB...
2018.3.5 Motion to Enforce Settlement 635
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.5
Excerpt: ...court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6.) Cross-Defendants Christine Oam and Re/Max Mega Group (“Cross-Defendants”) seek to enforce a settlement agreement against Cross-Complainants Keun Bai Lee and Won Hee Lee (“Cross-Complainants”). Pursuant to the settlement agreement, Cross-Complainants are to convey title to the Subject Pr...
2018.3.5 Motion to Compel Further Responses 554
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.5
Excerpt: ...nfinity G35 (“Subject Vehicle”). Plaintiff alleges that the Subject Vehicle's safety features failed to engage during the accident. Plaintiff asserts claims against the Subject vehicle's manufacturers (“Nissan”), and the driver of the other vehicle in the accident. DISCUSSION Nissan moves to compel Plaintiff Pablo Ramirez (“Ramirez”) to provide further response to request for production of documents (“RFP”). The only request in di...
2018.3.5 Motion for Determination of Good Faith Settlement 995
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.5
Excerpt: ...intiff alleges that she was terminated without explanation on February 10, 2015. Plaintiff further alleges that during her employment, Defendants failed to pay overtime, provide meal breaks, and otherwise engaged in various Labor <0003004400460057004c00 0014000c000300550048[taliation in violation of FEHA; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination in violation of public policy...
2018.3.2 Motion to Set Aside Default, to Quash Service 969
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.2
Excerpt: ...al notice,” the moving party may file a motion to set aside the default judgment and serve it within a reasonable time, not to exceed the earlier of “(i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.” Specially Appearing Defendants Justin Shapiro, Harris Bojic, Zeshan Kahn, Drew Jacobson, Cory Jacobson, a...
2018.3.2 Motion to Compel Further Responses 827
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.2
Excerpt: ...dant”), asserting causes of action arising out of the Beverly-Song Act. DISCUSSION Plaintiff moves to compel Defendant to provide further responses to form interrogatories (“FI”), requests for admission (“RFA”), and requests for production (“RFP”). After reviewing the discovery requests at issue, the Court issues the following discovery order: FIs 1.1 and 12.1: Defendant fully responded to these FIs. No further response is required....
2018.3.2 Motion to Compel Answers, Request for Production of Docs 701
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.2
Excerpt: ...party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)–(b).) Plaint...
2018.3.2 Motion for Summary Judgment, Adjudication 187
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.3.2
Excerpt: ...rt (“Underlying Action”), and entered into a retainer agreement. Shtofman alleges that Ivoko owes $334,841.03 in fees and costs pursuant to the retainer agreement. Shtofman asserts causes of action for (1) breach of contract; (2) open book account; (3) fraud; (4) avoidance of fraudulent; and (5) quantum meruit. On April 21, 2017, Ivoko's motion for judgment on the pleadings was granted as to the third cause of action for fraud. EVIDENTIARY OB...

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