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2023.01.04 Motion to Stay Proceedings 427
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2023.01.04
Excerpt: ...e operative First Amended Complaint, filed May 27, 2022, adds Sheriff Alex Villanueva as a Defendant and alleges the following causes of action: (1) retaliation; (2) harassment; (3) discrimination; (4) failure to take corrective action; (5) PAGA; (6) Bane Act; and (7) retaliation under Government Code section 53298. Plaintiff was hired by the County as a civilian Security Assistant in May 2012 and promoted to Law Enforcement Technician in January...
2022.12.14 Pitchess Motion 782
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.14
Excerpt: ...disqualified from a promotion and demoted for purportedly failing to obtain the requisite training. On November 3, 2022, Plaintiff filed the instant Pitchess motion to obtain records of Defendant's investigations relating to Plaintiff's purported policy violations. LEGAL STANDARD In general, the personnel records of peace officers are protected from discovery pursuant to Penal Code section 832.7. The exclusive means for obtaining these materials ...
2022.12.14 Motion to Quash Subpoena 954
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.14
Excerpt: ...lleging breach of promissory note and eight other causes of action arising from loans Plaintiffs made to Cashbloom. Plaintiffs made various loans to Cashbloom from May 2011 to December 2017 totaling $1.95 million. The loans were undocumented until two promissory notes issued in January 2016 for $300,000 and $400,000. The last and operative promissory note was issued in December 2017 for $1.95 million. Plaintiffs' lawsuit arises from the December ...
2022.12.14 Motion to Compel Further Responses 170
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.14
Excerpt: ...ey 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 terminated. Plaintiffs were terminated for wat...
2022.12.14 Motion to Compel Deposition of PMK 590
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.14
Excerpt: ...intiff's claims arise from his purchase of a 2021 Jeep Wrangler ULT (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for insp...
2022.12.12 Motions to Compel Further Responses 557
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.12
Excerpt: ...blic policy, breach of contract, and failure to pay wages. Plaintiff was allegedly mistreated based on her disability and denied bonuses owed to her. At issue presently are Plaintiff's motions to compel further responses to various discovery. LEGAL STANDARD Upon receiving responses to requests for inspection or interrogatories, the propounding party may move for an order compelling further responses if the party finds that an objection is without...
2022.12.12 Demurrer, Motion to Strike 054
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.12
Excerpt: ...n, abuse of process, false imprisonment, elder abuse, harassment, conspiracy, and intentional infliction of emotional distress. Defendants are neighbors residing in Reseda, California. The action arises from confrontations between Plaintiff and Defendants, which ended in Plaintiff's arrest and incarceration. According to the complaint, Plaintiff was friends with Defendant Bates and in January 2019 began to help Bates with a lawsuit that Bates was...
2022.12.09 Motion to Compel Deposition 639
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.09
Excerpt: ...managing attorney of Defendant Wilshire Law Firm. Defendant invokes the apex doctrine in opposition. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, ...
2022.12.09 Motion for Summary Judgment, Adjudication 687
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.09
Excerpt: ...ty of fitness, (3) 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 in...
2022.12.09 Motion for Summary Adjudication 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.09
Excerpt: ... alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly ...
2022.12.09 Demurrer to FAC 793
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.09
Excerpt: ...0, 2022 and adds Defendant Outreach Medical Marketing Inc. The FAC asserts causes of action for: (1) breach of contract; (2) fraudulent inducement; (3) aiding and abetting fraud; (4) negligent misrepresentation; (5) interference with contract; and (6) quantum meruit. The complaint arises from an arrangement between Plaintiff and Defendant Aurai Capital, LLC wherein Plaintiff purchased medical gloves from Aurai that were supposedly FDA- approved. ...
2022.12.07 Demurrer 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.07
Excerpt: ...erence, and fraud stemming from Defendants' purported mismanagement of Plaintiff. The complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by frau...
2022.12.07 Motion to Compel Compliance with Subpoena 218
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.07
Excerpt: ...e members of the rock band All Time Low (ATL). The complaint arises from written posts on social media wherein anonymous individuals accused Plaintiffs of committing or being complicit in grooming and sexually assaulting fans, including minors. One of these accusations was posted on Twitter by Doe 2, an anonymous individual with the handle “@atlstatement,” who claimed that Plaintiff Barakat sexually assaulted her over a period of years beginn...
2022.12.02 Motions to Compel Further Responses 355
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.02
Excerpt: ...tions to compel further responses filed by Plaintiff against Defendant Turbo Air, Inc. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the...
2022.12.02 Motion to Quash Service of Summons 709
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.02
Excerpt: ...acy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the o...
2022.12.02 Motion to Compel Deposition ot PMK 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.02
Excerpt: ...rported mismanagement of Plaintiff. The complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take ov...
2022.11.30 Motion to Change Venue 500
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.30
Excerpt: ...by Defendants' actions at the decedent's funeral. The complaint also seeks recovery for conversion of several electronic devices and a motor vehicle previously belonging to decedent which he allegedly bequeathed to Plaintiffs. On October 19, 2022, Defendants filed the instant motion to change venue because they reside in San Joaquin County. LEGAL STANDARD “[T]he superior court in the county where the defendants or some of them reside at the com...
2022.11.30 Motion for Judgment on the Pleadings 040
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.30
Excerpt: ... violation of Section 1983 against Defendants County of Los Angeles, Los Angeles Sheriff's Department, Detective Josue Torres, and Sergeant Jose Rojas. Plaintiff was arrested and charged with the murder of Miguel Herrera. Plaintiff alleges that he was misidentified by a witness to the incident. Plaintiff alleges that he was wrongfully arrested and prosecuted. The information against Plaintiff was eventually dismissed, and he filed this action for...
2022.11.30 Demurrer 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.30
Excerpt: ...e, and fraud stemming from Defendants' purported mismanagement of Plaintiff. The complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and...
2022.11.28 Motion to Recover Litigation Expenses 141
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.28
Excerpt: ...Property”), located on 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 was the value of the Property. The jury rendered its verdict on August 26, 2022, determining the value of the Property to be $39 million. On October 20, 2022, Defenda...
2022.11.21 Motions to Compel Further Responses 900
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.21
Excerpt: ... Angeles, and Bryan Dameworth. The operative First Amended Complaint alleges (1) battery, (2) assault, (3) battery by peace officer, (4) negligent hiring, (5) negligence, (6) negligent use of deadly force, and (7) intentional infliction of emotional distress. Plaintiff alleges that he was attending a protest on May 30, 2020 in Los Angeles when Officer Dameworth fired a rubber bullet, striking him. (FAC ¶¶ 10-12.) The incident allegedly left Pla...
2022.11.21 Motion to Compel Further Responses 896
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.21
Excerpt: ...s filed on January 15, 2020. Various cross-complaints and amended cross-complaints have also been filed from June 2019 through November 2019. The dispute involves joint ownership of a commercial real estate office building. The investment was made by investors from Japan, including Plaintiff (Japanese Investors) and investors from the United States (US Investors). The present motions to compel relate to discovery propounded by Cross-Complainant B...
2022.11.21 Motion to Compel Arbitration 650
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.21
Excerpt: ...er PAGA. Pursuant to the U.S. Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, Defendant Wayb presently moves to compel arbitration of Plaintiff's claims, including the individual PAGA claims. Defendant Jung, Wayb's CEO, subsequently filed a joinder to the motion. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a transaction involving commerce to...
2022.11.21 Motion to Compel Arbitration 447
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.21
Excerpt: ...(PMH), Prospect Medical Systems, Inc. (PMS), Southern California Healthcare Systems, Inc. (SCHS), Alta Hospitals System, LLC (AHS), and Ceridian HCM Inc. (Ceridian). Plaintiff has since dismissed Ceridian as a defendant. The parties have an arbitration agreement which requires Plaintiff to arbitrate her claims in an individual capacity. Defendants had not moved to compel arbitration due to the rule set forth in Iskanian v. CLS Transportation Los ...
2022.11.16 Motion for Reconsideration 429
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.16
Excerpt: ...Ex. A.) Plaintiffs agreed to dismiss the action in exchange for a total of $295,000. The insurance carriers paid $275,000, and Defendant Shokrian was responsible for $20,000. On May 3, 2022, Defendant signed a document titled “Installment Payments for Full Satisfaction of Settlement Claim,” in which he agreed to make four installment payments of $5,000 to satisfy his portion of the settlement. (Medina Decl., Ex. B; Kelly Decl., Ex. B.) To dat...
2022.11.07 Motion to Strike 536
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.07
Excerpt: ...3) account stated, and (4) open book account. Plaintiff was the subcontractor on a construction project in which RCG was the primary contractor. Plaintiff and RCG entered into a written agreement whereby Plaintiff would complete a portion of the project relating to the fabrication and installation of structural steel. RCG also allegedly ordered additional work from Plaintiff and promised to pay for it. Mikhail is allegedly RCG's alter ego. Plaint...
2022.11.07 Motion to Enforce Settlement 999
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.07
Excerpt: ...dant Abgaryan in July 2019. The action stems from unpaid rent for the month of January 2020. Currently, Defendant Taxter is the only tenant in possession, as Abgaryan has been incarcerated for murder. Plaintiff has subsequently dismissed Abgaryan since he is not in possession. Plaintiff and Defendant Taxter entered into a stipulation on September 9, 2021. The stipulation provided that: (1) Defendant is to pay a total of $84,374.88; (2) Defendant ...
2022.11.04 Motion for Summary Judgment, Adjudication 558
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.04
Excerpt: ... and accommodation for his disability. The complaint asserts causes of action for (1) discrimination, (2) retaliation, (3) failure to prevent, (4) failure to accommodate, (5) failure to engage in the interactive process, (6) wrongful termination, (7) declaratory relief, and (8) injunctive relief. Plaintiff began working for Defendant in 1998 as a Client Services and Marketing employee. In 2017, Plaintiff was promoted to the position of Data Gover...
2022.11.04 Motion to Compel Production of Docs 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.04
Excerpt: ... operative First Amended Complaint was filed October 14, 2022. The complaint alleges that Defendant E&B Natural Resources Management Corporation (“E&B”) sought to purchase a 25% stake in Plaintiff. Due to financial issues with its lenders, E&B could not directly deal with Plaintiff. Instead, E&B allegedly formed Defendant Triton LA, LLC (“Triton”) to hold E&B's 25% interest in Plaintiff. The complaint alleges that the arrangement was indu...
2022.11.02 Motion for Sanctions 713
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.02
Excerpt: ...d negligent infliction of emotional distress against Defendants and Cross-Complainants Tae Eo (“Eo”) and Tae Wol Shin (“Shin”). Bae's complaint arises from alleged statements made by Eo and Shin to the Bureau of Real Estate Complaint Intake Unit accusing Bae of deliberate misrepresentation in connection with the sale of a grocery store. On December 15, 2020, Eo and Shin (collectively “Cross-Complainants”) filed a cross- complaint agai...
2022.11.02 Demurrer 898
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.11.02
Excerpt: ...e with contract. The action arises out of allegedly unpaid work that Plaintiff performed on singer Justin Bieber's album. Plaintiff alleges that he formed a contract with JRC through emails in 2018 wherein the parties agreed Plaintiff would receive 1% of royalties (royalty point) on any non-feature songs that Plaintiff worked on for Bieber. Although Plaintiff was compensated accordingly for 18 songs pursuant to a 2019 agreement, Plaintiff contend...
2022.10.31 Motion to Compel Deposition of PMK 929
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.31
Excerpt: ...Song Beverly statute. Plaintiff's claims arise from his purchase of a 2019 Chevrolet Silverado 1500 (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed...
2022.10.31 Motion to Compel Arbitration 517
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.31
Excerpt: ... old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On August 22, 2022, Defendants filed the instant motion to compel arbitration based on an arbitration agreement Plaintiff signed in February 2009. Plaintiff denies signing the agreement. LEGAL STANDARD The Federal Arbitration Ac...
2022.10.26 Motion to Compel Further Responses 663
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.26
Excerpt: ...Meghry Garabedian, and Aghabi Law, APC. The operative pleading is the First Amended Complaint filed April 27, 2022. The FAC asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Defendants represented Plaintiff in a personal injury action. (FAC ¶ 7.) Defendants allegedly failed to disclose a Section 998 offer, and Plaintiff lost at trial. (Id., ¶¶ 7-8.) Defendants allegedly failed to inform Plaintiff of his appellat...
2022.10.24 Motion to Quash Service of Summons 193
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.24
Excerpt: ...elations, and (6) declaratory judgment. Plaintiff is the founder and CEO of Defendant Icon Aircraft, Inc. (Icon). Defendant Shanghai Pudong Science and Technology Investment Co., Ltd. (PDSTI), a Chinese company, acquired 51% of Icon. Defendant Xudong Zhu (Zhu) is PDSTI's chairman, who also sits on the board of Icon. Plaintiff alleges that Defendants engaged in bad faith negotiations regarding his employment and compensation. Plaintiff alleges tha...
2022.10.21 Demurrer to FAC 460
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.21
Excerpt: ...” In the initial complaint, Plaintiff alleges 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 ...
2022.10.21 Demurrer 687
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.21
Excerpt: ...ed to the chemical gadolinium throughout the course of the MRIs, resulting in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice-lac...
2022.10.21 Motion for Attorney Fees 440
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.21
Excerpt: ...ess 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. The matter came on for trial on August 1, 2022, and the jury found that Defendants San Gabriel and Rockport were liable...
2022.10.21 Motions to Compel Arbitration 630
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.21
Excerpt: ...mplaint stems from a series of sexual assaults allegedly committed by SCMC's founder, Defendant Mohammad Rasekhi, from 2018 to 2022. Defendants ModernHR and ADP Total Source are human resource agencies who partnered with SCMC. Defendant R&B Medical Group is another company owned by Rasekhi, where Plaintiff also worked preparing finances. Defendant Sheila Busheri is the CEO of SCMC, cofounder of R&B, and Rasekhi's wife. The remaining individual De...
2022.10.19 Motion to Compel Further Responses 663
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.19
Excerpt: ...ohrman, Meghry Garabedian, and Aghabi Law, APC. The operative pleading is the First Amended Complaint filed April 27, 2022. The FAC asserts two causes of action for (1) negligence and (2) breach of fiduciary duty. Defendants represented Plaintiff in a personal injury action. (FAC ¶ 7.) Defendants allegedly failed to disclose a Section 998 offer, and Plaintiff lost at trial. (Id., ¶¶ 7-8.) Defendants allegedly failed to inform Plaintiff of his ...
2022.10.17 Motion for Reconsideration 201
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.17
Excerpt: ...underlying judgment 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, alleg...
2022.10.14 Motion for Summary Judgment, Adjudication 043
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.14
Excerpt: ...; (5) unjust enrichment; and (6) declaratory relief. Cojecto and its agent David Martinez also filed a complaint against Pixior and its CEO Yassine Amallal. The operative Second Amended Complaint was filed October 15, 2021, asserting causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, (4) assault, (5) intentional infliction of emotional distress, and (6) declaratory relief. Th...
2022.10.10 Motion to Augment Expert List 989
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.10
Excerpt: ...igueroa ("Marcos") (collectively, "Plaintiffs") against Defendants AT&T Corporation ("AT&T"); AT&T Mobility Wireless Operations Holdings Inc. ("AT&T Mobility"); All Access Equipment Rentals, Inc. ("All Access"); RBR Properties, Inc. ("RBR"); Vinculums Services, LLC ("Vinculums"); New Cingular Wireless PCS LLC ("Cingular"); JLG Industries, Inc ("JLG"); Joel Lupercio ("Lupercio"); Jorge Ceja ("Ceja"); Roberto Guerrero ("Guerrero") (collectively, "D...
2022.10.10 Demurrer, Motion to Strike 736 (2)
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.10
Excerpt: ... developed defects. Plaintiffs asserts causes of action including fraud. Demurrer GM demurrers to the following causes of action: 5 th Cause of Action – Fraud. A. Economic Loss Doctrine. GM demurs to the Complaint's 5 th Cause of Action – Fraud. One of GM's contentions is that this cause of action fails because it is barred by the economic loss rule. The Court agrees. Economic loss consists of “damages for inadequate value, costs of repair ...
2022.10.10 Demurrer to FAC 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.10
Excerpt: ...agement of Plaintiff. The complaint alleges that Defendant E&B Natural Resources Management Corporation (“E&B”) sought to purchase a 25% stake in Plaintiff. Due to financial issues with its lenders, E&B could not directly deal with Plaintiff. Instead, E&B allegedly formed Defendant Triton LA, LLC (“Triton”) to hold E&B's 25% interest in Plaintiff. The complaint alleges that the arrangement was induced by fraud and that Defendants merely s...
2022.10.10 Demurrer 501
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.10
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 tel...
2022.10.07 Motion to Quash Service of Summons 206
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.07
Excerpt: ...lure to pay for goods shipped by Plaintiff. Plaintiff has sued Zalta Boutique II, Inc., whereas the complaint appears to show goods that were shipped to Zalta Boutique. Defendant, Zalta Boutique II, Inc., argues that it is not the same company as Zalta Boutique. On July 11, 2022, the Court granted Defendant's motion to quash for lack of personal jurisdiction. Defendant had presented evidence that it was a New York corporation that had no dealings...
2022.10.07 Demurrer, Motion to Strike 115
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.07
Excerpt: ...Kenneth Eldon, and State Farm Insurance Company. The operative First Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged neg...
2022.10.05 Motion for Summary Adjudication 896
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.05
Excerpt: ...iled from June 2019 through November 2019. The dispute involves joint ownership of a commercial real estate office building. The investment was made by investors from Japan, including Plaintiff (“Japanese Investors”) and investors from the United States (“US Investors”). The instant motion arises from the following pertinent facts. Initially, the Japanese Investors owned the Property as tenants in common with Defendant entities Beach Fron...
2022.10.05 Demurrer, Motion to Strike 987
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.10.05
Excerpt: ... violation of the Business and Professions Code. The complaint arises from an alleged bedbug infestation in Plaintiff's unit. On July 8, 2022, Defendant filed the instant demurrer and motion to strike. LEGAL STANDARD 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 Lo...

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