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2018.2.26 Motion for Leave to Amend Complaint 161
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.26
Excerpt: ...al policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047.) It is generally abuse of discretion to deny leave to amend if the opposing party does not show prejudice. (Ibid.) It is not an abuse of discretion of the court unless there is a “showing that actual unfairness or obvious prejudice has resulted from the allowance of such an amendment”. (Posz v. Burc...
2018.2.26 Demurrer 536
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.26
Excerpt: ...re sunglasses and Plaintiff would obtain licensing of names and logos for use on the sunglasses in exchange for a commission. Defendants Wayne Chen and Ward Chen are alleged to be the owners of Got Shades. Plaintiff asserts causes of action for (1) breach of contract/covenant of good faith and fair dealing; (2) failure to pay wages; (3) B & P Code § 17200; (4) breach of oral contract; (5) fraud; (6) intentional interference; and (7) implied in f...
2018.2.23 Motion to Compel Further Responses 647
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.23
Excerpt: ...r. DISCUSSION Defendant moves to compel Plaintiff to provide further responses to special interrogatories. The motion is denied as untimely. “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP § 2024.0...
2018.2.23 Motion for Preliminary Approval of Class Action Settlement 782
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.23
Excerpt: .... While the Court finds the terms of the proposed settlement to be otherwise fair and reasonable, neither the proposed settlement nor the moving papers account for the payment of civil penalties to the Labor and Workforce Development Agency (“LWDA”) in connection with the PAGA claim. The Court continued this motion to allow Plaintiffs to address the Court's concerns in this regard. In counsel's amended declaration, counsel explains why the ov...
2018.2.23 Demurrer, Motions to Strike, for Sanctions 187
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.23
Excerpt: ...IANS, INC.'S MOTION FOR SANCTIONS BACKGROUND Plaintiffs Glenn H. Weissman, M.D. brings this action against Defendants Mutual Protection Trust (“MPT”) and Cooperative of American Physicians, Inc. (“CAP”), asserting causes of action for retaliation in violation of FEHA, the Labor Code, and public policy. REQUEST FOR JUDICIAL NOTICE <004f000300510052005700 002a0035002400310037[ED. DISCUSSION A. CAP's Anti-SLAPP Motion In ruling on a special ...
2018.2.21 Motion to Set Aside Default 340
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.21
Excerpt: ...ing Jesus Polio, an individual dbaP&M Painting, as a Cross-Defendant to its cross-complaint. It is unclear why there is a discrepancy in the “doing business as” designations between the cross-complaint and the instant motion. Notwithstanding this discrepancy, the Court finds that default was improperly taken against Polio. “The designation ‘doing business as' simply. . . describe[s] a person who [is] doing business under some other name. ...
2018.2.21 Motion to Compel Further Responses 242
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.21
Excerpt: ... to provide further response to request for production no. 31 (“RFP 31”). RFP 31 seeks: “Any and all DOCUMENTS RELATING TO any application for any financial benefit from any municipal county, state, or federal agency, including but not limited to unemployment benefits, disability benefits, or social security benefits for which YOU applied within the past ten (10) years. The relevance of the documents sought in this request is self-evident. ...
2018.2.21 Motion for Summary Judgment, Adjudication 187
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.21
Excerpt: ...ior Court (“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. DISCUSS...
2018.2.21 Demurrer 064
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.21
Excerpt: ...ed back injury on March 3, 2016. Plaintiff alleges that he was thereafter discriminated and retaliated against due to his disability, race, and age. Plaintiff asserts causes of action for (1) discrimination based upon disability; (2) failure to accommodate; (3) failure to engage in the interactive process; (4) discrimination based upon race; (5) discrimination based upon age; (6) retaliation; (7) failure to take all reasonable steps to prevent di...
2018.2.15 Motions for Judgment on the Pleadings, Bifurcate 391
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.15
Excerpt: ...RIAL BACKGROUND This action arises out of a dispute in the operation of Defendant Global Farms Enterprises, Inc. (“Global”). Plaintiffs Shoja Sacha Fattahi (“Shoja”) and Ashkan Fattahi (“Ashkan”), and Defendant Zia Fattahi (“Zia”) are shareholders and directors of Global. Plaintiffs collectively own 30% of the shares of Global, while Zia owns 40% of the shares. (SAC ¶ 8.) Plaintiffs allege that Zia breached his fiduciary duties o...
2018.2.14 Demurrer 212
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.14
Excerpt: ...th BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP and successor by April 27, 2009 de jure merger with Countrywide Bank, FSB (“BANA”); Countrywide Home Loans, Inc. (“Countrywide”); and PRLAP, Inc. (“PRLAP”) (collectively, “Defendants”). This action concerns a loan taken against Plaintiff's Property. Plaintiff alleges that the legal description of the Property contains an error affecting the ownership interes...
2018.2.7 Demurrer 347
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.7
Excerpt: ...rties, Inc. (“PVP”) on March 27, 2017. Plaintiff alleges that Defendants HSBC Bank USA N.A. (“HSBC”) and Specialized Loan Servicing, LLC (“Specialized”) refused to allow Plaintiff to conduct a short-sale. Plaintiff alleges various irregularities in the foreclosure process against her lenders. Plaintiff asserts causes of action for (1) violation of the HBOR; (2) wrongful foreclosure; (3) promissory estoppel; (4) breach of contract; (5)...
2018.2.5 Motion to Quash Service of Summons 821
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.5
Excerpt: ...” (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413.) Specially Appearing Defendant Casino, LLC dba Larry Flynt's Lucky Lady Casino, erroneously sued as Lady Luck Casino (“LFLLC”) moves to quash service of the summons and complaint. LFLLC contends that Plaintiff failed to effectuate service on its agent for service of process. LFLLC also notes that Plaintiff has failed to file a proof of service. Plaintiff does not oppose the motion,...
2018.2.5 Motion for Summary Judgment, Adjudication 374
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.5
Excerpt: ... room physician's assistant. Defendant Dignity Health, Inc. (“Dignity”) owned and/or operated Northridge Hospital Medical Center (“Hospital”), where Plaintiff worked. Plaintiff alleges that Dignity exercised sufficient control over Plaintiff to be considered Plaintiff's employer. Defendant Shannon Bernal (“Bernal”) held a managerial nurse position with Dignity. Plaintiff alleges that she told Bernal that the team triage was “horribl...
2018.2.5 Motion to Quash Subpoena 377
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.2.5
Excerpt: ...s employment was governed by IWC Order No. 5-2001 and 8 CCR § 11050, which regulate the “Public Housekeeping Occupations” industry. DISCUSSION Plaintiff moves to quash the subpoena served by Defendants on the custodian of records for Ohgane Oakland and Oghane Concord (“Ohgane”). Ohgane is Plaintiff's current employer, and the subpoena seeks Plaintiff's employment records. “[T]he California Constitution recognizes a number of inalienabl...
2018.1.31 Motion to Compel Binding Arbitration, Stay Action 421
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.31
Excerpt: ...e court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds that the right has been waived by a party's conduct, other grounds exist for revocation of the agreement, or where a pending court action arising out of the same transaction creates the possibility of conflicti...
2018.1.31 Motion to Compel Deposition 647
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.31
Excerpt: ...��Brackett”) is alleged to have been Plaintiff's supervisor. DISCUSSION Plaintiff moves to compel the depositions of Brackett and C4K's person most qualified (“PMQ”). Plaintiff contends that attempts to take Brackett's and C4K's PMQ depositions “have been thwarted and/or ignored.” (Mot. at 5.) The subject deposition notices were served on February 25, 2017. However, Plaintiff's motion fails to mention that Defendants served objections t...
2018.1.29 Motion for Order to Furnish Security or Dismissing Litigation 839
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.29
Excerpt: ... prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validit...
2018.1.29 Demurrer 941
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.29
Excerpt: ...abitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code § 1942.4; and (6) private nuisance. DISCUSSION A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The ...
2018.1.29 Demurrer 437
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.29
Excerpt: ...“Cross-Defendants”) demur to the first amended cross-complaint (“FACC”) of Medley Capital Corporation (“Medley”), filed in the consolidated action BC631888. In the FACC, Medley asserts causes of action for (1) breach of fiduciary duty; (2) corporate waste; (3) breach of employment agreement; (4) misappropriation of trade secrets – statutory; (5) misappropriation of trade secrets – common law; (6) unlawful business practices; (7) c...
2018.1.26 Motion to Compel Arbitration, Stay Further Proceedings 233
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.26
Excerpt: ... arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists….” (CCP § 1281.2.) The right to compel arbitration exists unless the court finds that the right has been waived by a party's conduct, other grounds exist for revocation of the agreement, or where a pending court action arising out of the same transaction creates the possibility of conflicting rulings on a common issue of law or fact. (CCP § 128...
2018.1.26 Motion to Seal Records 657
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.26
Excerpt: ...l probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” (CRC Rule 2.550(d).) “The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (CRC Rule 2.551(b)(1).) Defendant City of Pasadena (“Defendant”...
2018.1.26 Motion for Summary Judgment, Adjudication 995
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.26
Excerpt: ... Marilyn Hamel (“Marilyn”) on January 4, 2014. Plaintiff 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; ...
2018.1.25 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.25
Excerpt: ...ay 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, fabricated a report and presented it to the City Council for approval to award the demolition contract to Defendant L C M Financial Corp., dba Larry Murakami Contracting (“LMC”). Plaintiff alleges that LMC performed work outside the scope of the court order and invoiced a...
2018.1.24 Motion for Attorneys' Fees 766
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.24
Excerpt: ...prevailing on the motion, pursuant to Section 128.5.” (CCP § 425.16(c)(1).) “A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (CCP § 128.5(a).) Plaintiff Mahvash Mazgani (“Mazgani”) moves for an award of attorneys' fe...
2018.1.22 Motion to Compel Discovery 304
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.22
Excerpt: ...5.3, which requires a subpoenaing party to provide notice to consumers before a bank can produce the consumer's personal records. Obviously, Plaintiff cannot provide notice to the account holders since they do not know their identities or contact information. While the Court is cognizant of the requirements of CCP § 1985.3, given the circumstances of this case, compliance with the statute would be impossible. Furthermore, while CCP § 1985.3 is ...
2018.1.22 Demurrer, Motion to Strike 437
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.22
Excerpt: ...ngruent Investment Partners, LLC; Congruent Credit Opportunities Fund II, LP; Preston Masset; Richard Craybas; and James Feeley (collectively, “Cross-Defendants”). Miller alleges that Cross-Defendants interfered with his employment contract with Modern VideoFilm, Inc. (“MVF”), and that Medley stepped into the shoes of MVF and is thus liable for breach of the employment agreement. Miller asserts causes of action for (1) intentional interfe...
2018.1.22 Motion for Summary Judgment, Adjudication 034
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.22
Excerpt: ...003, Plaintiff was appointed as an assistant professor of research within UCLA's Department of Medicine. In 2009, Plaintiff was promoted to adjunct associate professor of medicine, and again in 2011 to adjunct professor, step 1. Plaintiff was responsible for securing funding for his compensation at UCLA through internal grants and extra-mural funding. Plaintiff alleges that once his Division Chief, Dr. Bevra Hahn, announced her retirement in 2012...
2018.1.19 Demurrer 247
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.19
Excerpt: ...tiff asserts causes of action for (1) indebutatis assumptsit; (2) unjust enrichment; and (3) breach of verbal agreement. REQUEST FOR JUDICIAL NOTICE Defendant requests judicial notice of (1) her birth certificate; (2) her enrollment verification from Arizona State University; and (3) a copy of the US Department of Education's requirements for Direct PLUS Loans. Defendant's birth certificate was issued by the State of California, and is thus “no...
2018.1.19 Motion to Expunge Lis Pendens 156
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.19
Excerpt: ...arida Nassery (the “Nasserys”), and provided a security deposit of $44,000. Plaintiff alleges that Nasserys are indebted to Plaintiff for return of the security deposit, overpayment of rent, and other damages. Plaintiff alleges that the Nasserys subsequently transferred the Property to Defendant Bell Canyon Investment II LLC for no monetary consideration. As set forth in the instant motion, and conceded in the opposition, the dispute pertaini...
2018.1.19 Order Re Attorney Fees 443
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.19
Excerpt: ... factions regarding the Association's elections held in November 2013. On January 28, 2014, Plaintiffs Larry, Chuck, Wah Chew, and Kim Wong filed a complaint against Association, Nam San Wong and other members of this faction, to enforce a settlement agreement regarding the corporate governance of the Association and to confirm that Larry and Chuck Wong were duly elected officers of the Association. On May 29, 2014, the Fund and the Association (...
2018.1.17 Motion to Stay Action and to Transfer to Complex Litigation 265
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.17
Excerpt: .... City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Defendant Uber Technologies, Inc. and Rasier-CA, LLC (“Defendants”) move for an order staying the action and/or transferring it to the Complex Division of this Court. Defendants contend that this action should be stayed pending resolution of three earlier filed actions: (1) O'Connor v. Uber Technologies, Inc., U.S. District Court for the Northern District of California; (2) Del Rio v....
2018.1.17 Demurrer 953
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.17
Excerpt: ...lleges that as he was walking down a ramp located on Defendant's property, he slipped and suffered injuries do to wet paint. DISCUSSION “A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” inc...
2018.1.17 Motion for Leave to File Complaint 786
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.17
Excerpt: ...pes of insurance. In 2014, Defendant RMI merged with Defendant Signature Insurance Group, LLC (“SIG”). Plaintiff alleges Defendants engaged in fraud by overcharging Plaintiff through hidden commissions, and issuing a fraudulent indemnity policy. DISCUSSION The court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….” (CCP § 473.) “[D]iscretion sh...
2018.1.17 Motion for Summary Judgment 713
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.17
Excerpt: ... and L & H Medical Group. Defendant Sang Yoon Han allegedly guaranteed these loans. DISCUSSION A motion for summary judgment shall be granted if all the papers submitted 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. (CCP § 437c(c).) There is a triable issue of fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in...
2018.1.12 Demurrer 531
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.12
Excerpt: ...Defendant/Plaintiff Haejung Lee (“Lee”). “Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion claim are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or disposition of property rights; and (3) damages....” (Lee v. Hanley (2015) 61 Cal. 4th 1225, 1240.) Kim alleges that Lee was hired as a sales manager for Ki...
2018.1.10 Motion to Compel Arbitration 216
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.10
Excerpt: ...AY BACKGROUND Plaintiff Heather Swett (“Plaintiff”) brings this action against her employers, Defendants Eagle Business Performance Services, LLC (“Eagle”) and Pioneer Medical Group (“Pioneer”), and supervisor, Defendant Steve Cantrell (“Cantrell”). Plaintiff asserts causes of action for (1) hostile work environment sexual harassment; (2) failure to take all reasonable steps necessary to prevent and correct harassment and retaliat...
2018.1.10 Motion to Sever Claims, for Separate Trials 165
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.10
Excerpt: ...APC (“JT Legal”) on December 14, 2015 as a paralegal. In April 2016, Alonzo notified JT Legal of her pregnancy. In May 2016, Alonzo became ill with pregnancy-related complications, including severe “morning sickness”, and advised JT Legal of her condition. Alonzo was terminated on May 13, 2016 during a medical leave of absence. Plaintiff Yanez was hired in 2014 to work for both JT Legal and Defendant National <0015001300140019000f00 00490...
2018.1.10 Motion for Summary Judgment or, in the Alternative, Summary Adjudication 926
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.10
Excerpt: ...Jenous Tootian, Edmond Melamed, and Rozita Safeipour. Defendants allegedly defaulted on the loan. Plaintiff asserts causes of action for (1) breach of loan agreement and enforcement of promissory note; (2) breach of the implied covenant of good faith and fair dealing; and (3) judicial foreclosure. EVIDENTIARY OBJECTIONS Pursuant to CCP § 437c(q), “the court need rule only on those objections to evidence that it deems material to its dispositio...
2018.1.8 Motion for Leave to Amend the Complaint and Assert Additional Causes of Action 374
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.8
Excerpt: ...ency Medical Group, Inc. (“REMG”) as Doe Defendants, and to assert additional causes of action. Plaintiff brings this motion on the grounds that she did not know the true names of the Doe Defendants at the outset of the case. The court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment to any pleading or proceeding in other particulars….” (CCP § 473.) “[D]iscretion should be exercised liberally in ...
2018.1.8 Motion for Preference in Trial Setting 319
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.8
Excerpt: ...unless the court finds that the party does not have a substantial interest in the case as a whole. . . .” (CCP § 36(b).) Plaintiff Ethan Chavez (“Ethan”), who is under the age of 14, moves for a trial preference. This action arises out of an incident in which an automobile allegedly ran over Plaintiff Ethan's foot. Plaintiff Ruben Chavez (“Ruben”), Ethan's father, witnessed the incident. Plaintiff Ethan asserts claims for physical inju...
2018.1.8 Motion for Summary Judgment or in the Alternative, Summary Adjudication 995
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.8
Excerpt: ...arilyn Hamel (“Marilyn”) on January 4, 2014. Plaintiff 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...
2018.1.5 Motion to Consolidate 554
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.5
Excerpt: ...afety 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 ...
2018.1.3 Motion to Set Aside Default
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.3
Excerpt: ...ake, inadvertence, surprise, or excusable neglect. Application for this relief. . . shall be made within a reasonable time, in no case exceeding six months. . . .” (CCP § 473(b).) Defendants Ishay Kohen and YKS Construction, Inc. move to set aside the defaults entered on November 14, 2017. Default was previously entered against the moving parties, but was set aside by stipulation. The stipulation setting aside the prior defaults required Defen...
2018.1.3 Motion to Consolidate
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2018.1.3
Excerpt: ...afety 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 ...

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