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2213 Results

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2018.3.21 Petition to Determine if Dog is Vicious 308
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ... exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the public pound or animal control department or his or her immediate supervisor or the head of the local law enforcement agency, or his or her designee, shall petition the superior court of the county wherein the dog is owned or kept for a hearing for the purpose of determining whether or not the dog in question should be declared potentially d...
2018.3.21 Motion to Quash Service of Summons and Complaint 573
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ... lease agreement with Plaintiff for Defendants to lease a rental property in Chicago. Plaintiff's property management business is based out of Los Angeles, and in the lease, Defendants agreed to mail all rent checks to Los Angeles and agreed to be paid $100 per month to perform maintenance responsibilities for the apartment. Plaintiff alleges that Defendants had no intention of paying the rent schedule set out in the agreement. Plaintiff also all...
2018.3.21 Motion to Compel Deposition 674
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ...anctions are to be paid within thirty (30) days from the date of this Order. Plaintiff's request for sanctions is DENIED. Legal Standards Pursuant to CCP § 94(b), a party can take “[o]ne oral or written deposition” of each adverse party. Service of a proper deposition notice must be “effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify . . . ...
2018.3.21 Motion for Reclassification 736
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ...end the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited ...
2018.3.21 Motion for Judgment on the Pleadings 323
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ...al.4th 772, 777.) All properly pleaded material facts are deemed true in ruling on a motion for judgment on the pleadings, but not contentions, deductions, or conclusions of fact or law. (Id.) The grounds for such motion shall appear on the face of the challenged pleading or based on a matter of which the court takes judicial notice. (CCP § 438(d).) Presentation of extrinsic evidence is not proper on a motion for judgment on the pleadings. (Clou...
2018.3.21 Motion for Attorney's Fees 955
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ... June 26, 2016, contained the following: “I (we) and my (our) firm agree to abide by the arbitration award and to comply with it promptly. In the event my (our) firm or I (we) do not comply with the arbitration award and it is necessary for any party to this arbitration to obtain judicial confirmation and enforcement of the arbitration against me (us) or my (our), my (our) firm and I (we) agree to pay the party obtaining such confirmation and c...
2018.3.21 Motion for Attorney's Fees 291
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ..., judgment was entered in California on April 5, 2017. Legal Standard Pursuant to CCP § 685.040: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the un...
2018.3.21 Demurrer 739
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ...mended Complaint (“FAC”). On October 20, 2017, Defendant/Cross-Complainant Texever, Inc. (“Cross-Complainant”) filed a cross-complaint against Plaintiff/Cross-Defendant Neman and Cross-Defendants Yaghoub Nourany (“Nourany”); Yoel Neman (“Yoel”); Chris Lee (“Lee”); and Roes 1 through 10. On November 1, 2017, Plaintiff/Cross-Defendant Neman and Cross-Defendants Nourany, Yoel, and Lee (collectively “Cross-Defendants”) filed a...
2018.3.21 Motion to Set Aside Dismissal 725
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.21
Excerpt: ...h 6, 2017, this Court granted Defendant City of Long Beach's motion to dismiss the matter against it because Plaintiff had failed to file an amended complaint after the Court ordered her to do so. On June 28, 2017, Plaintiff filed the present motion to vacate the dismissal of her case against the City of Long Beach (“Defendant”). Plaintiff argued that the dismissal occurred as a result of her failure to inform Defendants and defense counsel o...
2018.3.20 Motion for Leave to Intervene, Set Aside Default 871
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...e Services, Inc. (“RIS”) through Empire Fire and Marine Insurance Company, on behalf of Defendant Gary Clayton filed a motion to set aside default. On February 15, 2018, this Court held that RIS was not a party to the action, and noted that RIS had not field a noticed motion to intervene in this case. The Court noted that RIS failed to provide authority showing that it otherwise has standing to bring a motion to set aside default on behalf of...
2018.3.20 Demurrer 535
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...wer of Jose Gerardo Dominguez Herrera to Unverified Complaint filed in Emilio Lopez Perez v. Sylvia Barajas on January 26, 2016. 4. Cross-Complaint filed by Jose Gerardo Dominguez Herrera against Sylvia Barajas in Emilio Lopez Perez v. Sylvia Barajas on January 26, 2016. 5. First-Amended Cross-Complaint filed by Jose Gerardo Dominguez Herrera against Sylvia Barajas in Emilio Lopez Perez v. Sylvia Barajas on August 15, 2016. 6. Answer to Cross-Com...
2018.3.20 Motion for Attorney's Fees 315
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...er the establishment because its entrance was blocked by a step, violating state and federal law. The matter went to trial in this department on January 26, 2018, and the Court entered judgment in favor of Plaintiff in the amount of $4,000.00. Plaintiff moves the Court for an award of attorney's fees on the grounds that he is the prevailing party in this action, the fees are authorized by Civil Code section 52, and the fees incurred are reasonabl...
2018.3.20 Motion for Judgment on the Pleadings 344
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...the price of those jeans. Defendant Moris Sakhai dba A Trip to New York moves for judgment on the pleadings on the grounds that the six causes of action in the complaint fail to state facts sufficient to constitute a cause of action upon which relief can be granted because A Trip to New York is a fictitious business name and not a legal entity. Plaintiff opposes the motion on the grounds that Mr. Sakhai is the owner of A Trip to New York, A Trip ...
2018.3.20 Motion for Leave to Amend 551
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...2, 1428: Motions for leave to amend are directed to the sound discretion of the judge: “The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc., § 473, subd. (a)(1).) However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939, 101 Cal.Rptr. 568, 496 P.2d 480; Mab...
2018.3.20 Motion to Set Aside Dismissal 540
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...ff to purchase a 2003 Saturn Vue automobile for the sum of $2,500.00, but they fraudulently represented that the vehicle was all-wheel or four-wheel drive, while Defendants had dismantled the vehicle and removed its ability to operate as an all-wheel drive vehicle. Plaintiff moves the Court to set aside the dismissal of this matter entered on October 30, 2017 on the grounds that Plaintiff's counsel mistakenly calendared the hearing date as Novemb...
2018.3.20 Motion for Summary Judgment 634
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...nt, or in the Alternative, for Summary Adjudication (the “Motion”). As of March 14, 2018, no opposition or reply has been filed. Factual Background Plaintiff alleges that it is a surety company. (Compl., ¶ 1.) On or around November 6, 2007, Plaintiff and Defendant allegedly executed a Bond Application and Indemnity Agreement (the “Agreement”). (Id. ¶ 3.) As consideration for the Agreement, Plaintiff provided a Contractor License Bond No...
2018.3.20 Motion to be Relieved as Counsel 378
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...but in Item No. 6, Plaintiff's signature confirms that he is representing himself. If Plaintiff desires to file a new Substitution of Attorney that is correctly filled out and signed, Counsel needs not file a motion to be relieved as counsel. Discussion The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to th...
2018.3.20 Motion to Reclassify Action 239
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...lision, the lieutenant sustained injuries for which he filed a workers' compensation claim. Plaintiff provides that it has paid and continues to pay workers' compensation to the lieutenant because of this accident. Furthermore, Plaintiff contends that it has recently been determined that the lieutenant is entitled to receive a $22,000 Permanent Disability Award, and the payment of this award will cause Plaintiff's damages to exceed $25,000. Legal...
2018.3.20 Motion to Vacate Dismissal 245
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...on to Vacate the Dismissal (the “Motion”). As of March 14, 2018, no opposition or reply hasbeen filed. Discussion CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, su...
2018.3.20 Motion to Vacate Dismissal 631
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.20
Excerpt: ...uld be set aside pursuant to CCP section 473(b) for attorney mistake, inadvertence, surprise, or excusable neglect. CCP section 473(b) provides that when an application for relief is made no more than six months after entry of dismissal and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court shall set aside a dismissal entered against the attorney's client, unless the cour...
2018.3.19 Motion to Enforce Stipulated Judgment 144
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.19
Excerpt: ...endant Okyere. Plaintiff alleges that Defendants repaid only a portion of the sum owed and have left a balance due in the sum of $14,323.00 on one agreement and $6,118.00 on another agreement, totaling $20,441.00. Plaintiff moves the Court to enter judgment in favor of Plaintiff in the sum of $22,472.05 against Defendants based upon the default of the defendants of the terms of the written settlement agreement entered into between the parties. Th...
2018.3.19 Motion to be Relieved as Counsel 735
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.19
Excerpt: ...ntiffs have been uncooperative with Counsel and disagree with each other about how to proceed in this case, leading to a breakdown in their attorney-client relationships. (Forms MC-052 No. 2.) The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (CCP § 284(b).) California Rules of Professional Co...
2018.3.19 Demurrer 563
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.19
Excerpt: ... Item No. 10.) On February 9, 2018, Defendants filed a Demurrer to the Complaint. On March 5, 2018, Plaintiff filed an opposition. On March 12, 2018, Defendants filed a reply. Meet and Confer Pursuant to CCP § 430.41(a), “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether...
2018.3.19 Motion to Set Aside Default Judgment 533
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.19
Excerpt: ...fter reasonable diligence, Carwell was served with the summons and complaint by substituted service on July 17, 2016. Default was entered against Carwell on March 9, 2017; and default judgment was entered against Carwell on April 19, 2017. On December 20, 2017, Defendant filed, in pro per, a Motion to Set Aside Default Judgment (the “Motion”). On March 7, 2018, Plaintiff filed an opposition. As of March 13, 2018, no reply has been filed. Disc...
2018.3.19 Motion to Vacate Default, Judgment 508
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.19
Excerpt: ...Reiko Posner Miller (“Defendant”). Default was entered against Defendant on July 20, 2017; and default judgment was entered against Defendant on September 12, 2017. On January 11, 2018, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”). On February 28, 2018, Plaintiff filed an opposition; and on March 12, 2018, Defendant filed a reply. Legal Standard “The court may, upon any terms as may be just, relieve a p...
2018.3.19 Motion to Vacate Default 161
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.19
Excerpt: ...ogation action against Defendants Imalay Joana Flores (“Flores”) and Cecilia Gonzalez (“Gonzalez”) (collectively, “Defendants”). The Proofs of Service filed on May <0056005800450056005700 004800550059004c0046[e. <0048005000450048005500 00110003000300270048[fault judgment was entered against Defendants on August 7,2017. On February 9, 2018, Defendants filed, in pro per, a Motion to Vacate Default (the “Motion”). On March 7, 2018, P...
2018.3.16 Motion for New Trial 851
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.16
Excerpt: ...y judgment against Plaintiff's Complaint. Plaintiff did not oppose the motion. On June 29, 2017, the Court granted Defendants' motion for summary judgment on the ground that Plaintiff's Complaint is barred by the one-year statute of limitations for legal malpractice, as set forth in CCP § 340.6(a). Defendants presented the following evidence in support of their motion: On or about August 25, 2011, Plaintiff retained Defendants to represent her i...
2018.3.15 Motion for Reconsideration 428
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...efendant Costco Wholesale Corporation (“Costco”), which was sold and installed by Defendants Rowland Air, Inc. and its employees, Robert Avalos, Jeff Hanley, Jonathan Morales, and Javier Ramirez (collectively, “non-Costco Defendants”). Because of the purported improper installation of the HVAC and the property damages arising there from, Plaintiff paid the Youngs $24,421.22, under their insurance policy, and filed this subrogation action ...
2018.3.15 Demurrer 212
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...s later put a stop on the check and Plaintiff has not been paid. (FAC p.4.) Plaintiff filed his first amended complaint on July 16, 2015, alleging (1) breach of contract; (2) mechanic's lien foreclosure; (3) check fraud; (4) breach of implied covenant of good faith and fair dealing. ANALYSIS Demurrer Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form...
2018.3.15 Demurrer 674
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...(“SAC”). Defendant filed a demurrer to SAC on November 3, 2017. On December 21, 2017, the demurrer to SAC was taken off calendar after the Court, on its own motion, ordered the SAC filed on August 15, 2017 stricken from the record. Defendant was granted thirty days to bring a demurrer or file an answer to the operative FAC. On February 15, 2018, Defendant filed the instant demurrer to FAC. No opposition has been filed. Discussion The Court fi...
2018.3.15 Motion for Attorney's Fees 546
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...a gazebo at his residence, and Plaintiff provided a $6,000 deposit toward the work. When Defendants failed to reply, Plaintiff canceled the contract, but Defendants refuse to return the $6,000 deposit. Jerrel Jerome Bailey subsequently filed a cross-complaint against Casa Palmero Homeowners Association, wherein Bailey alleges that cross-defendant restrict access to Plaintiff's residence. Plaintiff moves the Court for an award of attorney's fees o...
2018.3.15 Motion for Judgment 198
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...ation action against Defendant Billy Ray Wright (“Defendant”). In June 2017, the parties executed a Settlement Agreement to resolve this action. (Davtyan Decl. ¶ 4, Exh. <0051000300320055004700 00580044005100570003[to a Stipulation signed by the parties, to retain jurisdiction of this action under CCP § 664.6, this action was dismissed without prejudice. On November 30, 2017, Plaintiff filed a Motion for Judgment Pursuant to CCP § 664.6 (t...
2018.3.15 Motion for Preliminary Injunction 563
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...iduals the user believes have wronged them in some manner. Plaintiff's complaint alleges that in 2014, an anonymous source (John Doe) falsely accused Plaintiff as a “scam artist fraud,” which allegedly constitutes defamation. Plaintiff alleges that defendant Xcentric has also republished that website “article.” Plaintiff seeks to obtain an order that the content posted on Ripoffreport.com is offensive and defamatory and ordering that the ...
2018.3.15 Motion for Reconsideration 384
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...xposure to the sun.” (Third Am. Compl. ¶ 12.) Plaintiff alleges causes of action for breach of contract, negligent misrepresentation, concealment, and declaratory relief. Plaintiff moves the Court to reconsider its December 14, 2017 order awarding discovery sanctions to Defendants because “the Court was informed as to Plaintiff's attempts to reset his deposition.” Plaintiff argues that he made several attempts to obtain new dates for his d...
2018.3.15 Motion for Reconsideration 851
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ... 29, 2017, the Court granted Defendants' motion for summary judgment on the ground that Plaintiff's Complaint is barred by the one-year statute of limitations for legal malpractice, as set forth in CCP § 340.6(a). Defendants presented the following evidence in support of their motion: On or about August 25, 2011, Plaintiff retained Defendants to represent her in a personal injury action against the City of Los Angeles (“the City”). (UMF 2.) ...
2018.3.15 Motion for Summary Judgment 541
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...tion and replies and to prepare for the hearing." (Lackner v. North<005500570003004b004400 560003005100520003> discretion to shorten the notice period because it relates to due process for the non-moving party. (McMahon v. Superior Court<0055000f00030051005200 57004c004600480003> must begin anew and must be for the full 75 days. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268.) Here, Plaintiff fails to file any proof of service show...
2018.3.15 Motion to Compel Responses 994
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ... discovery requests. (Id. ¶¶ 3-4.) Because Defendant has failed to respond to Plaintiff's discovery requests, the unopposed Motions are GRANTED. Pursuant to CCP § 2030.290, Defendant is ordered to serve verified responses, without objections, to Plaintiff's Form Interrogatories within twenty (20) days of the date of this Order. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff's Request for Admissions to Defendant is...
2018.3.15 Motion to Deposit by Stakeholder 505
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...), Shara Nazarian (“Nazarian”), LA Commercial Group, Inc. dba Continental Commercial Group (“LACG”), Ilin Magran (“Magran”), and Armen Manssourian (“Manssourian”). This action arose from a dispute over Bond No. 04- WB031350 (the “Bond”), issued by Plaintiff, with penal sum of $14,586 for the benefit of homeowner claimants and $7,086 for non-homeowner claimants. (Compl. ¶¶ 15-16; Motion, Pagan Decl. ¶ 2.) In exchange for the...
2018.3.15 Motion to Garnish Wages 189
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: .... No opposition has been filed. Legal Standard CCP section 706.109 allows the court to issue an order authorizing the withholding of the non- judgment debtor spouse's wages. (Code Civ. Proc., § 706.109.) CCP section 695.020 provides that “[c]ommunity property is subject to enforcement of a money judgment as provided for in the Family Code.” Family Code section 910(a) states that community estate interests are liable for the debts of either s...
2018.3.15 Motion to Set Aside Dismissal 842
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...on to Set Aside the Dismissal (the “Motion”). As of March 12, 2018, no opposition or reply has been filed. Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvert...
2018.3.15 Motion to Set Aside Judgment 678
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ...The server attempted to serve Defendant at 2023 Coldwater Canyon, Beverly Hills, California 90210 four different times on July 8, 9, 10, and 11, 1998. (Id.) On July 11, 1998, the server left the Summons and Complaint with an adult female at the Coldwater Canyon address, and a copy of the Summons and Complaint was mailed to the Coldwater Canyon address on July 13, 1998. (Id., Exhs. 1-2.) Default and default judgment were entered against Defendant ...
2018.3.15 Motion to Vacate Entry of Dismissal 069
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.15
Excerpt: ... dismissal should be set aside pursuant to CCP section 473(b) for attorney mistake, inadvertence, surprise, or excusable neglect. CCP section 473(b) provides that when an application for relief is made no more than six months after entry of dismissal and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court shall set aside a dismissal entered against the attorney's client, u...
2018.3.14 Petition to Confirm Award of Labor Commissioner 151
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ...a copy of the agreement to arbitrate; (b) the names of the arbitrators; and (c) a copy of the award and the written opinion of the arbitrators, if any. See CCP § 1285.4. Arbitration proceedings by voluntary acts of the parties are favored by courts and all that is necessary to support an award is substantial compliance with the applicable statute. Horn v. Gurewitz (1968) 261 Cal.App.2d 255, 261. “[W]here parties have agreed their dispute will ...
2018.3.14 Motion to Strike 931
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ...6 & 437.) A Motion to Strike can be used to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a Court rule or order of the Court under CCP § 436. Under CCP § 431.10(b), “irrelevant matter” includes: allegations not essential to the claim or defense; allegations neither pertinent to nor supported by an otherwise sufficie...
2018.3.14 Motion to Set Aside Default, Judgment 159
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ...gment void on its face— meaning where the invalidity is ‘apparent upon an inspection of the judgment-roll', which includes the proof of service (CCP § 670(a))—may be set aside pursuant to section 473(d) at any time. (See Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Where a judgment is valid on its face, but is nevertheless deemed void after considering evidence beyond the judgment, the motion must be brought within the same...
2018.3.14 Motion to Compel Responses 448
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ...es, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568.) In Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588, the court held that, “[b]y simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court ‘transgresse[d] the confines of the applicable principles of law' . . ....
2018.3.14 Motion to Compel Responses 132
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ... in Defendant's Requests for Admission to Plaintiff is hereby deemed admitted. Defendant's request for sanctions is DENIED. Discussion <0048005400580048005600 00550052004700580046>tion, Requests for Admission, and Special Interrogatories. (Le Decls. ¶ 2, Exhs. As.) Plaintiff has failed to serve any discovery responses to Defendant's discovery requests. (Id. ¶ 2.) Because Plaintiff has failed to respond to Defendant's discovery requests, the uno...
2018.3.14 Motion to be Relieved as Counsel 598
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ...eved as Counsel (the “Motion”). Counsel declares that Plaintiff has been non-communicative with her despite her numerous attempts to reach out to Plaintiff. (Form MC-052 No. 2.) Thus, Counsel cannot effectively prosecute this action and is now seeking to be relieved as counsel. The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney an...
2018.3.14 Motion for Summary Judgment 688
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ...ict liability – ultra hazardous activity; and (5) premises liability. This action arose from a zip line incident that occurred on August 30, 2014, when Plaintiff was invited to a party at Nejat's property located at 2321 Castillian Drive, Los Angeles, California 90068 (the “Premises”). (Compl. ¶ 7.) At the party, a zip line was installed on the Premises for use and entertainment. (Id.) At 9:00 p.m., Plaintiff attempted to use the zip line,...
2018.3.14 Motion for Judgment on the Pleadings 411
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2018.3.14
Excerpt: ... this action based on promissory estoppel against Defendants Los Angeles Community College District (“LACC”), Eric C. Kim (“Kim”), Bernadette Tchen (“Tchen”), Reneé D. Martine (“Martine”), Scott J. Svonkin, Sydney K. Kamlager, Mike Fong, Mike Eng, Andra Hoffman, Ernest H. Moreno, Nancy Pearlman, Michael J. Farrell (“Farrell”), and Thelma Day (“Day”) (collectively, “Defendants”). The complaint alleges at length the way...

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