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2023.05.18 Motion for Reconsideration 024
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.18
Excerpt: ...etary sanction of S2,810.OO previously sought against Niko Home Builders in that motion. On 7/29/2021, Plaintiff Niko Home Builders, Inc (NHB) filed suit against Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure...
2023.05.17 Motions to Quash 125
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.17
Excerpt: ...t amended complaint (F AC) alleging: (1) violation of Georgia Code section 14-11-313; (2) fraud; (3) negligent misrepresentation; (4) breach of operating agreement; (5) breach of operating agreement; (6) breach of fiduciary' duties; (7) constructive fraud; (8) unjust enrichment; (9) conversion; (10) cessation/withdrawal of memberships and management, and (11) cancellation of written instruments. Now, Defendant Brett Gagnon (Defendant) moves to qu...
2023.05.17 Motion to Compel Further Deposition 777
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.17
Excerpt: ...moves to compel further deposition of Defendant's PMK Discussion Plaintiff argues that an order compelling further deposition of Defendant's PMK is necessary because Defendant refuses to produce a PMK witness that is competent to testify on all categories relating to the alleged electrical defects with the vehicle, and that such discovery "would provide insight into AHMC's knowledge of the defects, [and] could help Plaintiff understand the circum...
2023.05.16 Motion to Permit Discovery of Financial Condition 788
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.16
Excerpt: ...nd Tally Lippman, alleging: (1) breach of warranty of habitability, (2) tortious breach of implied warranty of habitability; (3) negligence, (4) breach of contract, (5) nuisance; (6) constructive eviction; (7) violation of the Los Angeles Rent Stabilization Ordinance, (8) breach of covenant of quiet enjoyment; (9) breach of the implied covenant of good faith and fair dealing, (10) intentional infliction of emotional distress; (11) violation of th...
2023.05.16 Motion to Compel Further Responses 171
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.16
Excerpt: ...uccessor-in-interest Brian Matsuda and William Picknell filed suit against Pomona Vista Care Center, MJB Partners, LLC dba Pomona Vista Care Center, and Sun Mar Management Services (collectively, Defendants), alleging: (1) dependent abuse; (2) negligence; (3) violation of Health and Safety Code section 1430(b), (4) willful misconduct; and (5) wrongful death. Now, Plaintiffs move to compel further responses to move to compel further responses to t...
2023.05.15 Motion for New Trial 093
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.15
Excerpt: ...ould be limited to the profits actually received from Citibank. The Court also finds that the proper remedy for Plaintiffs trespass is removal of the sign. Plaintiffs motion for new trial is denied in all other respects. On March 12, 2020, Plaintiff M&H Capital, Inc. filed suit against Yi Mei Investment, LLC, Citigroup, Inc., June-Chih Jesse Liu Md, Inc, Green Grace USA, and Time Education Center, Inc. (collectively, Defendants), alleging: (1) tr...
2023.05.10 Demurrers to SAC 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.10
Excerpt: ... the City of Los Angeles and Barbara Romero (collectively, Defendants) demur to Plaintiffs SAC Discussion Defendants argue that the SAC remains fatally uncertain, fails to comply with filing prerequisites, and improperly joins parties. The Court agrees. Plaintiffs' SAC runs at 775 pages long, and combines 51 causes of action asserted by thousands of plaintiffs against multiple defendants. The allegations are so sprawling and so uncertain that it ...
2023.05.05 Motions for Summary Judgment 198
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.05
Excerpt: ...inst Ted Jones Ford, Inc. dba Ken Grody Ford Corporations and Ford Motor Company, alleging: (1) breach of express warranty; (3) breach of implied warranty, (3) violation of Beverly Act section 1793.2; and (4) negligent repair. Now, Ted Jones Ford, Inc. dba Ken Grody Ford (Defendant) moves for summary judgment of Plaintiff's negligent repair cause of action Discussion Defendant argues that Plaintiff cannot state a claim for negligent repair becaus...
2023.05.03 Demurrers 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.03
Excerpt: ...ied School District (LAUSD), LAUSD's individual Board Members (Kelly Gonez, George Mckenna, Monica Garcia, Scott Schmerelson, Nick Melvoi, Tonya Ortiz, and Franklin and Jackie Goldberg), and Superintendent (Megan Reilly in her official capacity as Superintendent of LAUSD) (collectively, Defendants) demur to Plaintiffs SAC. Discussion Defendants argue that the same deficiencies identified in Plaintiffs previous Complaints remain, i_e_, the SAC con...
2023.05.02 Special Motion to Strike 662
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.02
Excerpt: ...; (3) wrongful termination; (4) racial discrimination; (5) failure to take all reasonable steps to prevent discrimination; (6) intentional interference with prospective economic advantage; and (7) negligent interference with prospective economic advantage _ Now, Defendant moves to specially strike the first cause of action for defamation. Factual Background Plaintiffs first cause of action arises from a student-written article published in Defend...
2023.05.02 Motion to Tax Costs 051
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.02
Excerpt: ..._ Withrow III, Calli Bucci, and Shala Melamed (collectively, Defendants) On November 19, 2018, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) failure to pay wages; (2) failure to indemnify; (3) wrongful termination; (4) retaliation—Government Code 12940, subdivision (h); (5) retaliation—Labor Code section 6310; (6) retaliation—Labor Code section 1102.5; (7) fraud; (8) failure to produce employee file; (9) ...
2023.05.01 Demurrer 418
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.01
Excerpt: ...the 8 10th 11th 14th 15th 22nd, and 26th causes of action. Plaintiffs demurrer is overruled as to the 3rd Sth 7th 9th 20th, 218t and 25th causes of action. On 2/18/2022, Plaintiff Pam Krebs (Plaintiff) filed suit against Dorothy St Homeowners Association (Defendant), alleging: (1) breach of governing documents; (2) breach of fiduciary duties, (3) breach of fiduciary duties, (4) nuisance; (5) negligence; (6) trespass; (7) violation of the Davis-St...
2023.05.01 Motion to Preclude 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.01
Excerpt: ...LC, Caruso Management Company, Ltd., Americana Housing L_P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) al...
2023.04.28 Motion to Compel Arbitration and Stay Action Pending Arbitration 846
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.28
Excerpt: ...aware corporation, Brinker International Payroll Co. LP, a Delaware limited partnership, and Brinker Restaurant Corporation, a Virgima corporation (collectively, "Brinker") for over thirty years until her termination in July 2022. Defendant Paul Aoun ("Aoun") was Plaintiffs supervisor. Plaintiff filed this action on November 1 , 2022 against Brinker and Aoun (both of whom may be collectively referred to herein as "Defendants"), alleging causes of...
2023.04.28 Motion to Compel Arbitration 194
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.28
Excerpt: ...nzoneri v. Superior Court (2010) 47 Cal.4th 1233, 1250, footnote 10. Defendants' motion to compel arbitration is GRANTED as to all causes of action but the eleventh cause of action. Defendants' motion to compel arbitration is DENIED as to the eleventh cause of action. This matter is order stayed pending the completion of arbitration proceedings. On 4/20/2022, Plaintiff S E. filed suit against University of Southem Califorma, Keck Medicine of USC,...
2023.04.27 Motion to Compel Arbitration and Stay Action Pending Arbitration 846
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.27
Excerpt: ...aware corporation, Brinker International Payroll Co. LP, a Delaware limited partnership, and Brinker Restaurant Corporation, a Virgima corporation (collectively, "Brinker") for over thirty years until her termination in July 2022. Defendant Paul Aoun ("Aoun") was Plaintiffs supervisor. Plaintiff filed this action on November 1 , 2022 against Brinker and Aoun (both of whom may be collectively referred to herein as "Defendants"), alleging causes of...
2023.04.27 Motion for Preliminary Approval of Class Action and PAGA Settlement 170
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.27
Excerpt: ... against J&J Snack Foods Corp. of California (Defendant), seeking civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion IS unopposed Discussion The Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agræment) provides for: _ _a Gross Settlement Amount ("GSA") of $150,000...
2023.04.26 Motion for Terminating Sanctions, for Monetary Sanctions 024
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.26
Excerpt: ...er. On 7/29/2021, Plaintiff Niko Home Builders, Inc (NHB) filed suit against Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure of mechanic's lien; (2) breach of contract; (3) common count for work, labor, and se...
2023.04.26 Demurrer, Motion to Strike 600
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.26
Excerpt: ... SUSTAINED, WITH 15 DAYS LEAVE TO AMEND as to the fourth cause of action. Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the fourth and fifth causes of action. Defendant's motion to strike is GRANTED. On 10/15/2020, Plaintiff Whitney Rolland Reed II (Plaintiff 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, Deput...
2023.04.24 Motion to Compel Further Responses 554
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ...nees, Inc (collectively, Plaintiffs) filed suit against Clayton's Public House, LP, EPG Development, Inc. dba Clayton's Construction, Elizabeth Peterson Group, Inc., Tony Gower Pubs, LLC, Elizabeth Peterson, Tony Gower, and Annette Zilinskas, alleging: (1) breach ofu•ritten lease; (2) breach ofu•ritten lease; (3) fraud, (4) quantum meruit; (5) open book account; (6) declaratory relief; (7) declaratory relief; and (8) breach of written guarant...
2023.04.24 Motion for Protective Order 436
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ... alleging: (1) age discrimination; (2) retaliation in violation of Labor Code section 1102_5; (3) retaliation in violation of FEHA; (4) retaliation in violation of Health and Safety Code section 1278_5; (5) retaliation in violation of Labor Code section 4310, (6) failure to prevent discrimination and retaliation; (7) interference and retaliation in violation of the Califorma Family Rights Act (CFRA); and (8) wrongful termination. Now, Defendant s...
2023.04.24 Motion for Preliminary Approval of Class Action of PAGA Settlement 887
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ... civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion IS unopposed Discussion The basic terms of the Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agræment) provide for the following: (1) A non-reversionary Gross Settlement Amount of allocated to approximately 2,38...
2023.04.24 Demurrer, Motion to Strike 511
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ...ngeles Regional Center for the Developmentally Disabled, Inc (Defendant), alleging: (1) disability and perceived disability discrimination; (2) retaliation; (3) failure to prevent and/or investigate; (4) failure to provide accommodation; (5) failure to engage in the interactive process; (6) Pregnancy Disability Leave Act; (7) interference with and failure to provide leave (CFRA), (8) wrongftl termination; and (9) declaratory and injunctive relief...
2023.04.24 Demurrer 143
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ..., Defendant demurs to Plaintiffs Complaint Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action_i (Hahn v. Mirda (2007) 147 CalApp_4th 740, 747 (Hahn)) i When considering demurrers, courts read the allegations liberally and in context_i (Taylor v. City of Los Angeles Dept. of Water and Poweri(2006) 144 Cal App 4th 1216, 1228 In a demurrer proceeding, the defects must be apparent on the face of the pleadin...
2023.04.21 Demurrer 925
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.21
Excerpt: .... Now, Defendant demurs to Plaintiff's Complaint. 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 (Hahn).) ¿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 fac...
2023.04.21 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.21
Excerpt: ...erest Najila K. Brent and Najila K. Brent individually filed this action asserting 30 causes of action. On 10/10/2022, Plaintiffs filed an SAC, alleging: (1) wrongful death; (2) gross negligence (3) hospital negligence; (4) professional negligence; (5) medical negligence; (6) medical battery; (7) breach of fiduciary duty; (8) fraud; (9) intentional infliction of emotional distress; (10) negligent infliction of emotional distress; (11) survival ac...
2023.04.20 Motion for Terminating Sanctions 642
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.20
Excerpt: ...ons payment within 15 days of entry of this order. On 11/20/2020, Plaintiff Reyna Villegas (Plaintiff) filed suit against Express Source, Inc. dba Parkers PJ Jeans dba WOW, Lookz dba Dematurelized Zone, and Juan Villalobos, alleging: (1) wrongful termination against public policy; (2) wrongful termination against implied employment agreement; (3) racial discrimination; (4) gender discrimination; (5) workplace harassment; (6) retaliation; (7) fail...
2023.04.20 Motion for Summary Judgment 722
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.20
Excerpt: ...econd amended complaint (FAC) alleging: (1) negligence; (2) negligent infliction of emotional distress; (3) breach of contract; (4) malicious prosecution; (5) breach of implied warranty of habitability; (6) intentional infliction of emotional distress; and (7) negligent misrepresentation. Now, Defendant moves for summary judgment of Plaintiff's SAC. Evidentiary Objections CCP section 437c, subdivision (q) provides: In granting or denying a motion...
2023.04.19 Motion to Tax Costs 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.19
Excerpt: ...llowing costs: - Item No. 1: $34 - Item No.3: $40 - Item No.4: $30,31.70 - Item No.5: $213.46 - Item No.8: $4,730 - Item No.11: $610.15 - Item No.12: $34,112.40 - Item No.14: $903.50 - Item No.16: $50,113.96 The Court addresses each item in turn. As to Item No. 1, Defendant argues that Plaintiff has not justified $34 of the filing amount claimed. In opposition, Plaintiff clarified that the Court requires fees to file a stipulation and to fax-file...
2023.04.19 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.19
Excerpt: ... her successor-in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) elder abuse; and (2) wrongful death. On 5/12/2022, Plaintiff substituted Pomona Valley Ho...
2023.04.18 Motion for Summary Judgment 681
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.18
Excerpt: ...: (1) race/national origin discrimination; (2) harassment; (3) failure to prevent discrimination; (4) retaliation; (5) retaliation; and (6) wrongful constructive termination. On 7/13/2021, the parties stipulated to an order dismissing Plaintiff's sixth cause of action for wrongful constructive termination. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's FAC. Evidentiary Objections CCP section ...
2023.04.17 Motion to Compel Arbitration 450
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.17
Excerpt: ...ions Code section 17200. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and seeks a stay of proceedings pending the completion of arbitration. 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., �...
2023.04.17 Motion to Bifurcate 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.17
Excerpt: ...ericana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U.S.) Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negligence; (4) negligent misrepresentation; and (5) breach ...
2023.04.17 Demurrer, Motion to Strike 099
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.17
Excerpt: ... (FAC) alleging: (1) breach of contract/breach of quiet enjoyment/warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) private nuisance; (5) fraud; (6) unfair business practices; and (7) intentional infliction of emotional distress. Now, Defendant demurs to the FAC in its entirety. Defendant also moves to strike portions of the FAC. Discussion Defendant argues that Plaintiff has failed to stat...
2023.04.14 Motion to Compel Payment of Arbitrator's Fees and Costs or Waive Right to Arbitration 873
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.14
Excerpt: ...sts or waive its right to arbitration is granted. On 4/26/2022, Plaintiff Theresa Driskell, by and through her successor-in-interest, Teresa Smothermon (Plaintiff), and Teresa Smothermon (Smothermon) filed suit against SRG Pacific MGMT LLC, dba the Grove at Cerritos, and the Grove at Cerritos (collectively, Defendants) alleging: (1) elder abuse/neglect; (2) negligent/willful conduct; (3) breach of contract; and (4) wrongful death. On September 7,...
2023.04.14 Demurrer 403
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.14
Excerpt: ...intiffs Jonathan Karsh and Rebecca Rosichan (collectively, “Plaintiffs”) filed a complaint against Defendants Endeavor Content, LLC, Film 45, LLLC, Michael Antinoro, and Max Wagner (collectively, “Defendants”), for breach of oral contract, anticipatory breach of contract, breach of fiduciary duty (partnership), and fraud. On December 15, 2022, Defendants demurred to the complaint. On January 27, 2023, Plaintiffs filed the operative First ...
2023.04.13 Motion to Compel Deposition of PMQ and Custodian of Records, for Sanctions 615
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.13
Excerpt: ...ertaining to the purchase of a Chevy Silverado. On December 6, 2021, Plaintiff filed suit against Defendants UAG OF CERRITOS I LLC dba PENSKE CHEVROLET OF CERRITOS (“Defendant Penkse”) and GENERAL MOTORS LLC (“Defendant GM”). On December 19, 2022, Plaintiff filed the instant Motion, moving for an order to compel Defendant GM to produce a Person(s) Most Qualified (“PMQ”) and Custodian of Records to be deposed. Legal Standard “If, aft...
2023.04.13 Petition to Confirm Arbitration Award 847
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.13
Excerpt: ...dents”) seeking damages, restitution, equitable relief, and attorney's fees and costs for Respondents' alleged failure to pay overtime wages, violations of Labor Code sections 203 and 226, failure to pay commissions on sales, failure to reimburse work-related expenses, hostile work environment, harassment, discrimination, wrongful termination, and unfair business practices. On March 17, 2020, Plaintiff filed suit against Defendants. On February...
2023.04.12 Motion to Tax Costs 591
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.12
Excerpt: ... agreement; (2) open book account; (3) account stated; and (4) breach of personal guarantee. On December 6, 2022, Defendants' request for dismissal was entered as to the entire action of all parties and all causes of action without waiver of court fees and costs. On December 14, 2022, Defendants filed a memorandum of costs seeking a total of $7,424.02 for: (1) filing and motion fees $627.44; (2) attorney fees $6,300.00; (3) electronic filing fees...
2023.04.11 Motion to Tax Costs 879
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.11
Excerpt: ...dant entered into a contract for goods and services. Typecraft then assigned its rights to monies due to Plaintiff. On October 11, 2022, the Court granted Plaintiff's motion for summary judgment, but ruled that attorneys fees, if warranted, should be determined by a separate motion. On December 20, 2022, Plaintiff filed its memorandum of costs. Item 16 listed $10,205.94 in collection costs. Defendant now moves to tax Item 16 from Plaintiff's cost...
2023.04.11 Motion for Terminating Sanctions, or Evidentiary, Issue, and Monetary Sanctions 108
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.11
Excerpt: ...lleging causes of action for violation for the Song Beverly Act against Defendants Kia America, Inc. and Kia of Cerritos. Plaintiff moves the Court for terminating sanctions, or in the alternative evidentiary, issue, and monetary sanctions against Defendant Kia America, Inc. (hereinafter referred to as “Defendant”). Legal Standard If a party fails to comply with a court order compelling discovery responses, the court may impose monetary, issu...
2023.04.11 Motion for Summary Judgment 551
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.11
Excerpt: ...ific West”). Pacific West cross-complained against Vons but later requested dismissal without prejudice. Now, Pacific West moves for summary judgment against Plaintiff on grounds it had no duty to prevent Plaintiff from injuring herself on premises Pacific West did not own, lease, occupy, or control. Legal Standard “A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there ...
2023.04.10 Motion for Attorney Fees 859
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.10
Excerpt: ..., Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty, (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief Defendant Kauai Lagoons Grand Avenue Partners, LLC moves for $3,431,281 00 in attomey's fees. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corpor...
2023.04.10 Demurrer 306
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.10
Excerpt: ... a Complaint against Defendants Paul Rivero and Amaya Rivero for elder abuse and intentional infliction of emotional distress. Defendants now demur to both causes of action for failure to state facts sufficient to constitute a cause of action. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action_i (Hahn v. Mirda (2007) 147 CalApp_4th 740, 747 (Hahn)) i When considering demurrers, courts read the allegatio...
2023.04.06 Motion for Summary Adjudication 229
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.06
Excerpt: ... Baggett, by and through representatives Janet Baggett and Preston Sertich filed suit against David Rojas and the City of Los Angeles (COLA), alleging (1) invasion of privacy; (2) intentional infliction of emotional distress; (3) negligence; (4) mishandling of human remains; (5) violation of human remains; (5) violation of Civil Code section 1708.85; (6) intrusion into private affairs; and (7) violation of mandatory statutory duties. Now, Plainti...
2023.04.05 Motion to Compel Deposition 098
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.05
Excerpt: ...ed suit against New City Releasing, Inc. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract Now, Plaintiff moves to compel compliance with third-party subpoena for Nile Niami and the person most qualified (PMQ) of Marbella Construction, Inc. Discussion Plaintiff argues that good cause exists to compel the deposition of Nile Niami on behalf of Marbella Construction because neither of ...
2023.03.29 OSC Re Contempt 148
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.29
Excerpt: ...Daniels and Bleaker Damels_ The complaint is for 1) breach of contract, 2) common count; 3) violation of civil code 8800; and 4) foreclosure of mechanic lien. On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint_ On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeowners Association, U Insurance, and Mercur...
2023.03.29 Motion for Summary Judgment, Adjudication 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.29
Excerpt: ...P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negl...
2023.03.28 Motion to Approve the Entry of Consent Judgment 549
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.28
Excerpt: ...Plaintiff now moves for an order to enter judgment pursuant to the terms of the stipulated settlement reached by the parties in this case on 1/20/2023_ The motion IS unopposed Legal Standard Pursuant to Proposition 65, any business that exposes individuals to chemicals known to the State of California to cause cancer or reproductive harm must provide those individuals with a clear and reasonable warning. (Health & Saf_ Code 25249 6 ) Private indi...
2023.03.28 Motion for Summary Judgment, Adjudication 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.28
Excerpt: ...P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negl...
2023.03.23 Motion for Judgment Notwithstanding the Verdict 907
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.23
Excerpt: ...Zhao and Bowei Zhang (collectively, Plaintiffs) filed a first amended complaint (FAC) against FCC Logistics and Jeremy Wong, alleging: (1) conversion; (2) possession of personal property and damage; and (3) declaratory relief. On April 15, 2019, FCC Logistics filed a cross-complaint (XC) against Guangyu Zhao, Bowei Zhang, JZ USA Group Inc., Kevin Qu, Gua Investment, Inc , Qiang Hua, Spartan Auto Collection, and United Auto Finance, alleging. (1) ...
2023.03.23 Motion for Assignment and Restraining Order 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.23
Excerpt: ...hem. On September 1 , 2020, Plaintiff filed a sa•ond amended complaint (SAC) alleging. (1) breach of written contract, (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud, (8) negligence, (9) unjust enrichment; (10) judiciary fore-closure; and (11) reformation of contract Now, Plaintiff seeks an order of assignment and restraining order. Discussion Plaintiff seeks assi...
2023.03.22 Demurrer 125
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.22
Excerpt: ... 10/25/2022, Plaintiff Arsalan Hamidi (Plaintiff) filed suit against Brett Gagnon, George B. Gagnon, Geminon Properties, LLC, and Ashley R. Gagnon (collectively, Defendants), alleging: (1) violation of Georgia Code section 14-11-313; (2) fraud, (3) negligent misrepresentation; (4) breach of operating agreement; (5) breach of operating agreement; (6) breach of fiduciary duties; (7) constructive fraud; (8) unjust enrichment; (9) conversion; (10) ce...
2023.03.22 Motion for Attorney Fees 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.22
Excerpt: ...al Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 CalApp_3d 1 , 16 ) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[_]" (CCP 1021 ) "It is well establis...
2023.03.20 Motion to Compel Arbitration, Deposition of PMK 111
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.20
Excerpt: ...e (5) court days prior. In light of this ruling, Plaintiffs motion to compel the deposition of Defendant's PMK is MOOT. On 4/21/2021 Plaintiff Amy Soza (Plaintiff) filed suit against Nissan North America, Inc. alleging violations of the Song-Beverly Act. Now, Defendant moves to compel arbitration of Plaintiffs Complaint Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Coult shall order the pet...
2023.03.16 Motion for Summary Judgment 208
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.16
Excerpt: ...ealment; (3) violation of the Unfair Competition law; (4) violation of Califomia Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. Now, Defendants Intero Real Estate Service, Inc. and Intero Franchise Services, Inc. (collectively, Intero Defendants or Defendants) move for summary judgment, or in the alternative summary adjudication, of Plaintiffs SAC. Fa...
2023.03.16 Motion for Attorney Fees 520
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.16
Excerpt: ...ly Act (breach of express warranty), (2) violation of Song- Beverly Act (breach of implied warranty); (3) violation of Song-Beverly Act section 1793.2, and (4) fraudulent concealment Now, Plaintiffs seek to recover attorney fees totaling $193,789.50 Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 CalA...
2023.03.03 Motion to Enforce Settlement 344
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.03
Excerpt: ...g Trust Dated September 12, 2006 (Plaintiff) filed suit against Jae S. Kim (Defendant), alleging: (1) partition and/or imposition of equitable easement based on encroachments; (2) judicial determination of boundaries; (3) intentional trespass; (4) negligent trespass; (5) forcible entry; and (6) intentional infliction of emotional distress (IIED). On 8/3/2021, Plaintiff substituted Doe 1 for Ocean Sunrise, LLC. On 2/18/2021, Defendant's unopposed ...
2023.03.03 Demurrer 140
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.03
Excerpt: ...plaint (FAC). On 11/14/2022, Plaintiffs filed a second amended complaint (SAC) alleging: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of fiduciary duty; and (4) breach of contract. On 10/10/2022, Plaintiffs dismissed Angel Wayhang Kou and Umro Realty Group from the action. Now, Defendant Matthew Wilkie (Defendant) demurs to Plaintiff's third cause of action. Discussion Defendant argues that Plaintiff's SAC still ...
2023.03.01 Motion to Compel Arbitration 758
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.01
Excerpt: ...ed suit against Alo House Holdings, LLC and Acadia Malibu, Inc. (collectively, Defendants), alleging: (1) disability and perceived disability discrimination; (2) retaliation; (3) failure to prevent and/or investigate; (4) failure to provide accommodation; (5) failure to engage in the interactive process; (6) wrongful termination; and (7) declaratory and injunctive relief. Now, Defendants move to compel arbitration of Plaintiff's Complaint, and a ...
2023.03.01 Motion for Judgment Notwithstanding the Verdict 859
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.01
Excerpt: ...oons Grand Ave Partners, LLC; Timbers Resort Management, LLC; and Tower Kauai Lagoons, LLC. On 8/19/16, Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief. Now, Plaintiff moves for a new trial. Plaintiff also moves for a judgment notwithstanding the verdict. Legal Standard A verdict may be vacated and...
2023.03.01 Demurrers to FAC, Motions to Strike 201
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.01
Excerpt: ...izade, and Masoumeh Siamizade. On 11/14/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) general negligence; and (2) intentional tort. Now, Defendants Steven Meier, MD and Steven W. Meier M.D., Inc dba Meier Orthopedic Sports Medicine (collectively, Defendants) demur to Plaintiff's FAC. The motions are unopposed. Discussion I. Negligence Defendants argue that Plaintiff has improperly alleged general negligence, rather than prof...
2023.02.28 Motion for Summary Judgment 873
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.28
Excerpt: ...t; and (2) breach of the implied covenant of good faith and fair dealing. Now, Defendant moves for summary judgment, or, summary adjudication in the alternative, of Plaintiff's Complaint. Evidentiary Objections In light of the ruling, the Court does not rule on the submitted evidentiary objections. (CCP § 437c, sud. (q).) Discussion Defendant argues that Plaintiffs cannot state a claim because the policy excludes coverage when an insured makes a...
2023.02.27 Motion for Judgment on the Pleadings 431
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...), alleging: (1) breach of contract: breach of the implied covenant of good faith and fair dealing; (2) declaratory relief; (3) fraud; (4) breach of fiduciary duty; and (5) accounting. Now, Defendants move for a motion for judgment on the pleadings. Factual Background Plaintiff's action concerns allegations that he holds a 40% interest in Gas Media Group (GMG). In turn, Defendants allege that while this was contemplated, such an agreement was ult...
2023.02.27 Demurrer, Motion to Strike 693
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ... and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. Now, Edward J. Siegler (Defendant) demurs to the second cause of action. Defendant also moves to strike portions of the Complaint. The motion is unopposed. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts to state a claim for breach of fiduciary duty. The elements of a claim for breach of fiduciary duty are nominally si...
2023.02.27 Motions to Compel Compliance with Deposition Subpoena, to Quash Deposition 386
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...mplaint (FAC) against Whatley Kallas, LLP, Whatley Kallas, LLC, and Consumer Watchdog, alleging: (1) equitable indemnity; (2) contribution; and (3) declaratory relief. On 3/1/2022, Whatley Kallas, LLP (WK) filed a Cross-Complaint (XC) for implied equitable indemnity and declaratory relief against KCC Class Action Services, LLC (KCC), Kurtzman Carson Consultants (KCC), Computershare Communication Services, Inc. (CCS), and Gibson Dunn & Crutcher, I...
2023.02.27 Motion for Protective Order 551
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...s liability. Now, Vons seeks a protective order precluding the deposition of Vons District Manager, Jennifer Holden. Discussion Vons argues that Plaintiff should be precluded from deposing Ms. Holden, given that she does not have any personal knowledge concerning the subject incident and is not involved in the day-to-day operations of the store. Moreover, Vons' management employees (David Vollmer and Michael Thomas) have already provided in exces...
2023.02.27 Motion for Summary Judgment, Adjudication 223
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...against Downey Industrial Medical Group (DIMG), alleging: (1) breach of oral agreement; (2) breach of implied agreement; (3) promissory estoppel; (4) unjust enrichment; (5) account stated; (6) money had and received; (7) accounting; (8) constructive trust; (9) conversion; and (10) unfair business practices. On 10/19/2022, Plaintiffs Faramarz Fred Khallili (Khallili) and Lotus Medical Management (Lotus) filed a dismissal with prejudice, leaving on...
2023.02.24 Motion to Transfer to Limited Civil Jurisdiction Court 575
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.24
Excerpt: ...e. Plaintiff alleges that: At all relevant times defendants CHRISTIAN CROQUENOIS aka CHRISTIAN COQUENOIS was a licensed veterinarian and defendant CAHUENGA VETERINARY HOSPITAL was a licensed veterinary premises. Defendants CROQUENOIS aka COQUENOIS and CAHUENGA VETERINARY HOSPITAL contracted to provide veterinary services to plaintiff SOFIA SHINAS for her female Chow Gracie's excessive vomiting. Defendants CROQUE NOIS aka COQUENOIS, and CAHUENGA V...
2023.02.22 Demurrer, Motion to Strike 577
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.22
Excerpt: ...iability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, the Clorox Company (Defendant) demurs to Plaintiffs' Complaint. Discussion Defendant argues that Plaintiffs have not alleged sufficient facts to meet the causation pleading threshold set forth in Bockrath v. Aldrich Chemical Company (1999) 21 Cal. 4th 71, 79. More specifically, Defendant argues that: (1) Plaintiffs have failed ...
2023.02.17 Motion to Quash, to Dismiss 405
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.17
Excerpt: ...ach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, specially appearing Defendant Jacqueline Ferrari moves to quash service of summons. Factual Background Plaintiff is the assignee of the claims of Shanghai Nex-T Co., Ltd. Plaintiff alleges that within the last four years, “Defendant AFN, on the one hand, and Nex-T, on the other hand, entered into a series ...
2023.02.16 Motion to Compel Deposition 098
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.16
Excerpt: ...c. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract. Now, Plaintiff moves to compel the deposition of Nile Niami (Niami) on behalf of Juliami Art Ventures, LLC (Juliami) and Person Most Qualified (PMQ) for Juliami (collectively, the Deponents). Plaintiff also seeks monetary sanctions. Discussion Plaintiff argues that good cause exists to depose the Deponents, Deponents have failed ...
2023.02.15 Motion to Quash, to Dismiss 405
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.15
Excerpt: ...ach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, specially appearing Defendant Jacqueline Ferrari moves to quash service of summons. Factual Background Plaintiff is the assignee of the claims of Shanghai Nex-T Co., Ltd. Plaintiff alleges that within the last four years, “Defendant AFN, on the one hand, and Nex-T, on the other hand, entered into a series ...
2023.02.15 Motion to Compel Deposition 098
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.15
Excerpt: ...c. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract. Now, Plaintiff moves to compel the deposition of Nile Niami (Niami) on behalf of Contemporary Vista, LLC (Contemporary Vista) and Person Most Qualified (PMQ) for Contemporary Vista (collectively, the Deponents). Plaintiff also seeks monetary sanctions. Discussion Plaintiff argues that good cause exists to depose the Deponents, De...
2023.02.15 Motion to Compel Arbitration 224
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.15
Excerpt: ...g violations of statutory obligations. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. 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...
2023.02.14 Motion for Summary Judgment 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.14
Excerpt: ...LC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U.S.) Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negligence; (4) negligent misrepresentation; a...
2023.02.09 Motion to Tax Costs 038
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.09
Excerpt: ...istress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant moves to tax costs. Discussion Defendant seeks an order taxing the following costs: - Item 1: Filing fees totaling $775.00. Defendant requests that the Court allows only $390.00 as costs for filing fees. - Item 2: Preparation of Original and copies of Clerk's Transcript or appendix in the amount of $1...
2023.02.08 Demurrers 868
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.08
Excerpt: ...ejudice. On 8/26/2022, Plaintiff Cameron Abdo (Plaintiff) filed suit against Sonic Gods, Inc., Michelle Delamor, Chris Hayman, and Shane Edelman, alleging: (1) sex discrimination; (2) retaliation; (3) failure to prevent discrimination; (4) retaliation; (5) failure to comply with OSHA standards and retaliation; (6) wrongful termination; and (7) intentional infliction of emotional distress (IIED). Now, Shane Edelman (Defendant) demurs to the Compla...
2023.02.07 Motion to Vacate Order to Arbitrate 175
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.07
Excerpt: ...-M Pipe Manufacturing Company, David Moore, Chuck Clark, David Christian, David Merritt, alleging: (1) gender discrimination; (2) sexual/gender harassment; (3) failure to prevent sexual/gender discrimination, harassment, and retaliation; (4) retaliation for opposing forbidden practices; and (5) injunctive relief. Now, Plaintiff moves to vacate the order to arbitrate. Discussion CCP section 1281.98 provides: (a)(1) In an employment or consumer arb...
2023.02.06 Motion to Stay 386
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.06
Excerpt: ...hatley Kallas, LLC, and Consumer Watchdog, alleging: (1) equitable indemnity; (2) contribution; and (3) declaratory relief. On 3/1/2022, Whatley Kallas, LLP (Whatley) filed a Cross-Complaint (XC) for implied equitable indemnity against KCC Class Action Services, LLC (KCC), Kurtzman Carson Consultants (KCC), Computershare Communication Services, Inc. (CCS), and Gibson Dunn & Crutcher, Inc (Gibson). Now, KCC and CCS (Cross-Defendants) move to stay ...
2023.02.06 Motion to Compel Arbitration 456
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.06
Excerpt: ...it against Joy Fuller-Smith (Defendant), alleging: (1) breach of contract; and (2) common counts. On 10/12/2022, the Court granted Defendant's motion to set aside the entry of default. Now, Defendant moves to compel arbitration of the Complaint. 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 determi...
2023.02.03 Motions to Compel Further Responses, for Sanctions 418
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.03
Excerpt: ... breach of governing documents; (2) breach of fiduciary duties; (3) breach of fiduciary duties; (4) nuisance; (5) negligence; (6) trespass; (7) violation of the Davis-Stirling Act; (8) violation of the Davis-Stirling Act; and (9) declaratory relief. Now, Plaintiff moves to compel further responses from the Association to her Requests for Production (RFPs), Form Interrogatories, Special Interrogatories, and Requests for Admission (RFAs). Discussio...
2023.02.02 Motion to Enforce Settlement Agreement 809
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.02
Excerpt: ... Hyundai Motor America (Defendant) entered into a binding settlement agreement and release (the Agreement.) Now, Plaintiff moves to enforce the settlement. Plaintiff seeks $3,060.00 in attorney fees and costs for having to proceed with this motion. Discussion Plaintiff argues that Defendant has failed to issue payment despite its obligation to do so under the Agreement. Paragraph 2 (a) through (b) of the Agreement states Defendant agrees to pay P...
2023.01.30 Motion for Attorney Fees 732
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.30
Excerpt: ...failure to pay minimum wage; (4) failure to pay overtime wages; (5) failure to pay wages due upon termination: waiting time penalties; (6) failure to issue accurate itemized wage statements; (7) unlawful/unfair business practice; (8) wrongful termination; (9) retaliation; (10) failure to reimburse business expenses; and (11) failure to deliver personnel file. On 5/10/2022, the Court granted Defendant's motion to compel arbitration. On 10/24/2022,...
2023.01.30 Demurrers, Motion to Strike 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.30
Excerpt: ...intiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 10/18/2022, Plaintiff filed a second amended complaint (SA)C alleging: (1) negligence; and (2) negligent infliction of emotional distress. Now, Defendants BDR and Christina Baer demur to Plaintiffs' Complaint. Christina Baer also moves to strike portions of Plaintiffs' Complaint. Factual Background In December 2012, Plainti...
2023.01.27 Demurrer 935
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.27
Excerpt: ...h prejudice. On 5/12/2022, Plaintiff Travonne Borders (Plaintiff) filed suit against International Paper Company and Angie Doe (collectively, Defendants). On 7/29/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent; (5) retaliation; (6) failure to provide reasonable accommodation; (7) failure to engage in interactive process; (8) declaratory judgment; (9) wron...
2023.01.26 Motion to Compel Further Responses 388
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.26
Excerpt: ...ffs) initiated this action. On 12/6/2019, Plaintiffs filed a first amended complaint (FAC) against Khosrov Madenjian, trustee of the Madenjian Family Trust (Defendant), seeking partition. Now, Ara moves to compel further responses to his Requests for Production (RFPs) from Vahram. Ara also seeks monetary sanctions. Discussion Ara argues he is entitled to further RFP responses from Vahram in his capacity as Trustee of the Knarik Sevacherian Living...
2023.01.24 Motion for Summary Judgment 411
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.24
Excerpt: ...t. Now, Defendant moves for summary judgment of Plaintiff's Complaint. The motion is unopposed. Discussion Defendants argues that Plaintiffs cannot establish their express warranty claims because they did not purchase a “new motor vehicle” or otherwise receive any new or additional warranty coverage from GM in connection with their used vehicle purchase. Defendants argue that Plaintiffs cannot establish their implied warranty claim because th...
2023.01.24 Motion to Tax Costs 909
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.24
Excerpt: ...y costs. Plaintiff's motion is denied in all other respects. Accordingly, the Court taxes $107,245.95 in costs, thereby reducing Defendant's cost award from $410.970.72 to $303,724.77. On March 21, 2017, Plaintiffs Kreitzman and Brian Senit (collectively, Plaintiffs) filed the instant action. On May 23, 2018, Plaintiffs filed a second amended complaint (SAC) against Mercury Casualty Company (Mercury), Sunny Hills Associates, Inc., Alliance Enviro...
2023.01.20 Motion for Prejudgment Possession 093
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.20
Excerpt: ...nants, alleging eminent domain. Plaintiff now moves for an order of prejudgment possession. Discussion In order to avail itself of CCP section 1255.410, Plaintiff's motion, … shall describe the property of which the plaintiff is seeking to take possession, which description may be by reference to the complaint, and shall state the date after which the plaintiff is seeking to take possession of the property. The motion shall include a statement ...
2023.01.20 Demurrer 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.20
Excerpt: ...f action is ordered dismissed, with prejudice. On November 4, 2019, Plaintiffs Terry Herrera and Teodora Herrera (collectively, Plaintiffs) filed suit against Full Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a second amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission of con...
2023.01.18 Motion for Attorney Fees, to Tax Costs 378
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.18
Excerpt: ...s action. On 6/20/2018, Plaintiffs filed a second amended complaint (SAC) against Citrus Community College District, Vincent Patino, Eric Magellan in his individual and official capacity, and Robert Sammis in his individual and official capacity, alleging: (1) sexual harassment; (2) failure to take reasonable steps to prevent sexual harassment; (3) equal protection and due process; and (4) supervisorial liability; violation of civil rights. Now, ...
2023.01.17 Motion to Compel Arbitration 459
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.17
Excerpt: ...eging: (1) breach of express warranty; (2) breach of implied warranty; and (3) violation of the Song-Beverly Act section 1793.2. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. 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 ...
2023.01.13 Motion for New Trial or for Judgment Notwithstanding the Verdict 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.13
Excerpt: ...tively, Defendants) move for a new trial. Defendant also move for a judgment notwithstanding the special verdict. Legal Standard A verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:¿ ¿ (1)¿Irregularity in...
2023.01.13 Motion for Judgment on the Pleadings 691
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.13
Excerpt: ...n of the Unruh Act. Now, Defendant moves for a judgment on the pleadings. Factual Background Plaintiff is a blind individual. Plaintiff alleges that because of the allegedly missing alternative text and spacer images and empty links and forms, he and other blind or visually-impaired customers cannot "effectively brows[ e) for Defendant's auto dealership, amenities and services, privileges, advantages, and accommodations that exist online unlike s...
2023.01.12 Motion to Bifurcate 270
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.12
Excerpt: ... Management, Jasmine Minasian, Laura Almonacid, and Sarah Chang (collectively, Defendants), alleging: (1) negligence; (2) fraud; (3) fraud; (4) fraud; (5) intentional interference with prospective economic advantage; (6) negligent interference with prospective economic advantage; (7) breach of contract; (8) breach of fiduciary duty; (9) nuisance; and (10) punitive damages. Now, Defendants move to bifurcate trial. Discussion Defendants move for an...
2023.01.11 Motion for Attorney Fees 458
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.11
Excerpt: ...of contract; (2) action on mechanics lien release bond; (3) enforcement of mechanics liens; and (4) common counts On 4/20/2022, the Court granted an order to expunge Plaintiff's mechanics lien. On 6/15/2022, the Court granted the Changs' motion for judgment on the pleadings. Now, the Changs move for attorney fees. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. ...
2023.01.09 Motions to Compel Further Responses, for Sanctions 429
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.09
Excerpt: ...) initiated this action. On 3/11/2022, Plaintiff filed a first amended complaint (FAC) against Montebello Unified School District, the Montebello Unified School District Board of Education, Anthony Martinez, Marisol Madrigal, Joanna Flores, Edgar Cisneros, Alejandro Ramirez, Jr., and Jennifer Gutierrez (collectively, Defendants), alleging violation of the California Whistleblower Protection Act. On 8/19/2022, the parties participated in an inform...
2023.01.06 Demurrer 091
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.06
Excerpt: ...cal Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Defendant CHA Hollywood Medical Center, L.P. demurs to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's claims are time-barred as a matter of law. More specifically, Defendant argues that Plaintiff's allegations all stem from conduct allegedl...
2023.01.05 Petition for Relief from Government Claim 531
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.05
Excerpt: ...ef. Now, Plaintiff moves for consideration of his petition for relief. Legal Standard The Government Claims Act, Government Code sections 900 et seq., requires a litigant suing a public entity to present a prelitigation claim for damages to the public entity before filing suit. (Gov Code, §§ 910, 945.4, 950.) A timely claim is one that is made within six months after the date of accrual. (Gov. Code, § 911.2.) The same accrual rules that apply ...

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