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2213 Results

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2024.05.31 Motion for Reconsideration 224
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.31
Excerpt: ...compel arbitration of Plaintiff's Complaint. Now, Plaintiff moves for reconsideration of the Court's ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 2/15/2023 ruling based on the decisions in Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App, Yeh v. Superior Court of Contra Costa County (2023) 95 Cal.App.5th 264, and Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958. The Court agrees reconsid...
2024.05.31 Demurrer 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.31
Excerpt: ...ant demurred to Plaintiff's FAC. Discussion Defendant argues that Plaintiff's Complaint is invalid because Plaintiff does not have standing to pursue this action. In California, every action must be prosecuted in the name of the “real party in interest,” except as otherwise provided by statute. (C.C.P. § 367.) This rule is designed to protect the Defendant from a multiplicity of suits and to fix and determine the re al liability alleged in t...
2024.05.31 Demurrer 985
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.31
Excerpt: ...nc. On 4/24/2024, Plaintiffs filed a first amended co mplaint (FAC) alleging: (1) breach of fiduciary duties; (2) breach of the duty of good faith and fair dealing; (3) fraud; an d(4) unjust enrichment. On 4/24/2024, Defendants Scott Eppinga, Benjamin Eppinga, and Think Humble, Inc. demurred to the FAC. Discussion As a preliminary matter, “ [e]xcept in a summary judgment or summary adjudication motion, no opening or responding memorandum may ex...
2024.05.30 Motion to Compel Arbitration 862
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.30
Excerpt: ...ler, Tom R. Lamphere, Jan S. Richey, Caltex Millennium, LLC, and Keller Williams Realty, Inc., alleging: (1) intention al interference with prospective business advantage; (2) negligent interference with prospective business advantage; and (3) unfair competition. On 4/2/2024, Defendants Gary Keller, CalTex Millennium, LLC, and Keller Williams Realty (collectively, Defendants) moved to compel Plaintiff to arbitrate this action, and stay proceeding...
2024.05.29 Motion for Summary Judgment 704
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.29
Excerpt: ...raudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty. On 2/2/2024, Plaintiffs moved for summary adjudication of the first, fourth, fifth, and sixth causes of action. Discussion Plaintiffs argue they have established their first, fourth, fifth, and sixth causes of action. I. Promissory Fraud “The elements of pr...
2024.05.28 Motion to Compel Further Responses, for Sanctions 600
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.28
Excerpt: ...tiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sherriff's Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants). On 5/26/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of mandatory duties; (2) failure to summon medical care; (3) negligence; and (4) violation ...
2024.05.28 Motion to Compel Arbitration 751
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.28
Excerpt: ...e with taking leave; (3) whistleblower retaliation; (4) wrongful termination; and (5) unfair competition. On 3/12/2024, Defendant moved to compel arbitration, and stay these proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.�...
2024.05.28 Motion for Summary Judgment 704
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.28
Excerpt: ...raudulent concealment; (3) violation of Penal Code section 496; (4) breach of promissory note; (5) intentional interference with contract; (6) breach of guaranty; and (7) breach of guaranty. On 2/2/2024, Plaintiffs moved for summary adjudication of the first, fourth, fifth, and sixth causes of action. Discussion Plaintiffs argue they have established their first, fourth, fifth, and sixth causes of action. I. Promissory Fraud “The elements of pr...
2024.05.24 Demurrer 999
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.24
Excerpt: ...e, as an individual and on behalf of himself and as representative of the Estate of Mahzar Sedghi, (Plaintiff) filed suit against Steve Meier M.D. and Meier Orthopedic Sports Medicine, and LA Peer Surgery Center. On 12/21/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) refusal to provide medical records to Plaintiff; (2) refusal to provide medical records to counsel; and (3) intentional infliction of emotional distress (IIED)....
2024.05.23 Motion to Strike Costs 680
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.23
Excerpt: ... of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Co de section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty; and (6) fraud by omission. On 2/23/2024, Defendant moved to strike Plaintiff's request for $2,733.60 in costs. Discussion Defendant argues that Plaintiff is not entitled to recover costs because the Court...
2024.05.23 Motion to Declare Vexatious Litigant, Compel Further Responses 983
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.23
Excerpt: ...n of the Unruh Act. On 3/6/2024, Defendant moved to have Plaintiff declared a vexatious litigant, and be required to post a security. Discussion Vexatious litigant statutes were created to counter the abuse of the court system by “persistent and obsessive litigants.” (Bravo v. Ismaj (2002) 99 Cal. App. 4th 211, 220- 21.) Under Code of Civil Procedure, section 391.1 through 391.6, to counter a potential vexatious litigant, “a defendant may s...
2024.05.23 Motion for Summary Judgment 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.23
Excerpt: ...ry Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. On 2/9/2024, One Day Defendants moved for summary judgment, or in the alternative, summary adjudication, of the third and fourth causes of action.[1] Evidentiary Objecti...
2024.05.22 Demurrers 129
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.22
Excerpt: ...; (2) SUSTAINS THE DEMURRER, WITH 15 DAYS LEAVE TO AMEND, as to Plaintiffs' Fifth, Sixth, Seventh, Eighth, and Ninth causes of action as to all Liberty Defendants. On 1/26/2024, Plaintiffs Edward Estrada and Yun Cui (collectively, Plaintiffs) filed suit against Liberty Insurance Corporation, Liberty Mutual Insurance Company, Liberty Mutual Holding company, Liberty Mutual Group, Inc., and Daniel Kiddoo, alleging: (1) breach of contract; (2) breach...
2024.05.22 Motion to Compel Responses, for Sanctions 710
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.22
Excerpt: ...s motion to compel responses from Plaintiff Gal Mose Faigel to its Special Interrogatories is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00. Defendant's motion to compel responses from Plaintiff Gal Mose Faigel to its RFPs is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $700.00. Defendant's motion to have its RFAs deemed admitted as to Plaintiff Gal Mose Faigel is MOOT. Defendant is sanctio...
2024.05.22 Motion for Attorney Fees 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.22
Excerpt: ...gainst Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 4/3/2024, Plaintiff moved for attorney fees...
2024.05.21 Special Motion to Strike 581
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.21
Excerpt: ...ction, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti -SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metabolife Inter. Ins. (2003) 113 Cal.App.4th 181, 186; Fox Searchl...
2024.05.21 Motion for Protective Order 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.21
Excerpt: ...ry of a protective order. Discussion Defendant argues good cause exists to grant Defendant's protective order. In opposition, Plaintiffs do not dispute the need for a protective order, but seek entry of the standard LASC Model Order. As such, the dispute here is not whether or not a protective order is appropriate, but what form the protective order should take. Defendant's proposed order used the Model Order as a working draft but makes modifica...
2024.05.20 Motion to Vacate Dismissal, Reinstate Case, and Enter Money Judgment 867
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.20
Excerpt: ...Group, Inc. dba IDEG Construction, International Government Services, Inc dba IDEG Construction, IDEG Supply LLC dba IDEG Construction, alleging unlawful detainer. On 7/25/2023, the Court dismissed this case, pursuant to CCP section 664.6. Now, Plaintiff seeks an order vacating the 7/25/2023 dismissal, reinstating this action, and entering a money judgment against Defendants, and each of them, in the total amount of $80,175.86 ($68,015.86 remaini...
2024.05.16 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ... second amended complaint (SAC) alleging: (1) trespass; and (2) private nuisance. On 2/29/2024, Defendants moved for summary judgment, or, in the alternative, summary adjudication of Plaintiff's Complaint. Discussion Defendants move the Court for an order granting summary adjudication in favor of Defendants and against Plaintiff as to the following issue: that this Court lacks jurisdiction to enter a judgment as to whether Defendants violated the...
2024.05.16 Motion for Reconsideration, to Compel Further Responses 851
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...
2024.05.15 Motion to Compel Further Responses, Deposition 771
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ... Ford Motor Company (Defendant), alleging: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. On 1/31/2024, Plaintiff moved to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. Discussion Plaintiff argues that good cause exists to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. - Special Interrogat...
2024.05.15 Motion to Compel Arbitration 854
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...mon counts. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. The motion is unopposed. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission a...
2024.05.15 Motion for Judgment on the Pleadings 920
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...n 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...
2024.05.13 Motion for Summary Judgment 876
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.13
Excerpt: ...6/2022, Plaintiff filed a first amended complaint (FAC), alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discrimination; (5) conspiracy to interfere with civil rights; and (6) intentional infliction of emotional distress. Now, Defendants move for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Discussion I. Discrimination based on Race and National Ori...
2024.05.09 Motion for Summary Judgment 842
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.09
Excerpt: ...C (Bravery, LLC). On 8/17/2021, Baker and Bravery, LLC filed a cross -complaint (XC) against BMI and Erika Stallings, alleging: (1) declaratory judgment; (2) declaratory judgment; (3) breach of contract; (4) breach of fiduciary duty; (5) constructive fraud; (6) intentional infliction of emotional distress; and (7) fraudulent inducement On 2/23/2024, Adam Bravery, LLC (Bravery) moves for summary judgment. Discussion Bravery contends that there are...

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