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2024.03.01 Motion to Compel Further Responses 501
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.03.01
Excerpt: ...iled on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African -American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportunity to te...
2024.03.01 Motion to Add Judgment Debtor 003
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.03.01
Excerpt: ...ate is $22,699.91. Defendant is the sole member and CEO of Strategic Merchant Partners LLC (Strategic). Plaintiff presently moves to add Strategic as a judgment debtor on the grounds that it is Defendant's alter ego. Plaintiff argues that Defendant is using Strategic to hide assets from collection. There is no opposition to the motion. LEGAL STANDARD “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on ...
2024.03.01 Demurrer 389
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.03.01
Excerpt: ...stant demurrer to the complaint. Plaintiff filed its opposition on February 23, 2024. The hearing on the demurer was advanced to March 1, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether a pleading states a cause of action or defense. ( 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...
2024.02.26 Demurrer to FAC 561
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.26
Excerpt: ...rner. The FAC asserts causes of a ction for (1) fraudulent inducement, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. The dispute stems from a joint venture to distribute COVID tests in 2020. Plaintiffs owned KorvaLabs, Inc., a laboratory with the capability and infrastructure to develop and distribute COVID tests. Defendant Curative, whose CEO is Defendant Turner, partnered with KorvaLabs, and the ...
2024.02.26 Demurrer 598
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.26
Excerpt: ...iency 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., § 430.30, subd. (a).) A demurrer t...
2024.02.21 Pitchess Motion 267
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.21
Excerpt: ...or (1) harassment, (2) discrimination, (3) FEHA retaliation, (4) whistleblower retaliation, (5) failure to take corrective action, (6) violation of POBR, and (7) failure to accommodate. Plaintiffs Sandoval and Parra are Hispanic and allege that they were harassed and discriminated against due to their race. Parra additionally alleges harassment and discrimination based on her gender. Grant and Sandoval are also over 40 and disabled. Plaintiffs ad...
2024.02.21 Motion to Compel Further Responses, for Protective Order 398
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.21
Excerpt: ...r 27, 2023 and January 4, 2024, Plaintiff filed three motions to compel further responses to its Special Interrogatories (Sets Two and Three) and its Requests for Production (Set Two). On January 5, 2024, Defendant filed a motion for protective order pertaining to the same requests. The parties filed their respective oppositions to each motion on February 6, 2024. The parties filed their replies on February 13, 2024. LEGAL STANDARD Upon receiving...
2024.02.21 Motion to Compel Deposition 899
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.21
Excerpt: ...g interest in the subject property located in El Monte (the Property). The FAC asserts causes of action for declaratory relief, quiet title, fraud, conversion, elder abuse, and accounting. According to the FAC, Plaintiff Phuong Le Thai (Phuong) wished to purchase the Property but failed to qualify for a loan. (FAC ¶ 11.) Around July or August 2017, Phuong proposed that her daughter, Defendant Diana Lee (Diana) purchase the Property in her na me ...
2024.02.21 Motion for Summary Judgment, Adjudication 900
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.21
Excerpt: ...Plaintiff filed the operative First Amended Complaint (FAC) o n August 2, 2021, asserting causes of action for (1) discrimination, (2) harassment, and (3) retaliation. Plaintiff alleges that in August 2018, he was hired by LADWP into its electrical apprentice program but was subjected to discrimination, harassment, and retaliation by Williams and other employees, which culminated in his termination in February 2020. Plaintiff alleges that he was ...
2024.02.16 Application for Writ of Attachment, Motion to Set Aside Default, Demurrer, Motion to Strike 994
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.16
Excerpt: ... deal related to the operation of a restaurant. The FA C asserts claims for dissolution, accounting, unlawful business practice, negligence, fiduciary duty, fraud, and conversion against various corporate and individual defendants. On November 28, 2023, default was entered against Defendants US GC Investment LP, Fu & Sons Investment Capital LLC, and New Prosperity LLC. However, the Court has concurrently granted Defendants' motion to vacate the d...
2024.02.16 Demurrer 859
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.16
Excerpt: ...nts with the Schon Tepler name. The complaint asserts (1) breach of contract, (2) open book account, (3) account stated, and (4) reasonable va lue. The dispute stems from a debt that Schon Tepler allegedly owes to State Compensation Insurance Fund (SCIF) arising from two workers compensation insurance policies. Schon Tepler allegedly defaulted on premium payments. SCIF assigned the debt to CAB for collection purposes. On August 16, 2023, Schon Te...
2024.02.16 Demurrer to SAC 020
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.16
Excerpt: ...h Center) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 20...
2024.02.16 Motion to Compel Arbitration 669
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.16
Excerpt: ...laims arising from discrimination, retaliation, and wage violations. On November 3, 2023, Defendants filed the instant motion to compel arbitration. Plaintiff filed her opposition on February 2, 2024. Defendants filed their reply on February 8, 2024. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to settle by arbitration a controversy th...
2024.02.16 Motion to Compel Further Responses 501
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.16
Excerpt: ...nt was filed on August 22, 2022. The FAC alleges eight causes of action arising under FEHA for discrimination, harassment, failure to prevent, and failure to accommodate. Plaintiff is an African -American female who works for Defendant as an administrative assistant. Plaintiff alleges that her supervisor, Arthur Leible, harassed and discriminated against her based on her race and gender. Plaintiff further alleges that she was denied the opportuni...
2024.02.16 Motion to Compel Further Responses 639
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.16
Excerpt: ...ting causes of action for (1) legal malprac tice, (2) breach of fiduciary duty, and (3) fraud. On December 8, 2023, the Court granted Defendant Wilshire Law Firm's motion to compel further responses to Requests for Admission Nos. 27, 28, 33 and the associated Form Interrogatory No. 17.1. Plaintiff served supplemental responses on December 23, 2023, which Defendant contends are still inadequate. On January 22, 2024, Defendant Wilshire Law Firm fil...
2024.02.14 Motion to Quash Subpoena 020
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.14
Excerpt: ...tion to quash a subpoena issued to nonparty Preferred Bank. Defendants filed their opposition on January 31, 2024. Plaintiff filed its reply on February 6, 2024. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things …, the court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or...
2024.02.14 Motion to Compel Compliance, for Sanctions 602
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.14
Excerpt: ...ecords; (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. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contracto...
2024.02.14 Motion for Summary Judgment, Adjudication 901
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.14
Excerpt: ...d in the compelled arbitration proceeding and were awarded ownership of Borisoff's past and future royalties and attorney fees of $67,866.13. On October 3, 2013, Defendants petitioned the Court to confirm the award, which the Court did on January 15, 2014, with a final judgment entered on August 27, 2014. Borisoff appealed the judgment. The Court of Appeal reversed the judgment. On February 4, 2021, the Currency Corp (“Plaintiff”) was substit...
2024.02.14 Demurrer 157
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.14
Excerpt: ...alleging the following causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of the covenant of quiet enjoyment; (4) intentional misrepresentation; and (5) negligent misrepresentation. The dispute arises from a lease agreement between Plaintiff and Defendant Per Partners Limited LP. Defendant David Rosenfield is allegedly a general partner of Per Partners. Plaintiff leased a busine...
2024.02.09 Motion to Stay Proceedings 134
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ... the Song-Beverly Act. BMW of North America is the only remaining Defendant. On February 28, 2022, this Court granted BMWNA's motion to compel arbitration. The parties thereafter initiated arbitration with JAMS, but subsequently stipulated to return to court. On December 22, 2023, Defendant BMWNA filed a motion to stay the proceedings pending the California Supreme Court's review of the appellate decision in Rodriguez v. FCA US, LLC (2022) 77 Cal...
2024.02.09 Motion to Compel Further Responses 553
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ... & Klein. Plaintiffs filed the operative First Amended Complaint on January 12, 2021, asserting causes of action for (1) trade libel/slander, (2) intentional and (3) negligent interference with prospective economic relations, (4) interference with contractual relations, (5) unfair competition, (6) intentional infliction of emotional distress, and (7) negligent supervision. The FAC alleges the following pertinent facts. The dispute centers around ...
2024.02.09 Demurrer to SAC 020
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ...ealth Center) and SEIU Local 721. The complaint was labeled as one for discrimination and violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8,...
2024.02.09 Demurrer 811
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ...tract, (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 Duarte allegedly ...
2024.02.07 Motion to Withdraw from Arbitration 744
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.07
Excerpt: ...2021. On March 29, 2023, AAA issued an invoice for $23,700 to Defendant, with a deadline of October 24, 2023. To date, Defendant has not paid the arbitrator fee. On January 9, 2024, Plaintiff filed the instant motion to withdraw from arbitration. Defendant filed a notice of non-opposition on January 25, 2024. LEGAL STANDARD “In an employment or consumer arbitration that requires . . . the drafting party to pay certain fees and costs before the ...
2024.02.07 Motion to Compel Compliance with Subpoena 988
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.07
Excerpt: ...ity. This action is brought by Decedent's successor-in-interest and Decedent's minor children through a guardian ad litem against County of Los Angeles, Deputy De La Rosa, and Deputy Mercedia Booza. The operative First Amended Complaint was filed on November 3, 2022. On September 22, 2023, Defendant County of Los Angeles served a records subpoena to ustaffing Support Inc. (Ustaffing), Decedent's former employer. Ustaffing has refused to produce d...

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