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2023.07.17 Motion to Bifurcate 229
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...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, Plaintiffs move to bifurcate trial in this action to try the Cross...
2023.07.17 Motion for Preliminary Injunction 234
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...gs, LLC, alleging: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) quantum meruit; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) conversion; (7) misappropriation under Uniform Trade Secrets Act; (8) violation of California Labor Code section 2870-2872; (9) breach of fiduciary duty; (10) unfair competition; (11) wrongful termination; (12) negligence; (13) intentional interference...
2023.07.17 Motion for Judgment on the Pleadings 763
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...suit against Defendants W&B Automotive, Inc dba Bravo Chrysler Dodge Keep Ram of Alhambra and FCA US, LLC (collectively, Defendants), alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Defendant moves for a judgment on the pleadings. Discussion Defendant argues that a judgment on the pleadings is warranted because: (1) Plaintiff Shira Golfeiz Panahi does not have standing to pursue this action...
2023.07.14 Motion to Quash 429
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.14
Excerpt: ...ction. 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. Now, Plaintiff moves to quash subpoenas served by Defendants. Discuss...
2023.07.12 Motion to Compel Further Responses 134
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.12
Excerpt: ...y, Plaintiffs) filed suit against Cedars-Sinai Medical Center, and California Rehabilitation Institute, LLC, alleging: (1) elder/dependent adult abuse/neglect; (2) negligence/professional negligence; and (3) loss of consortium. Now, Plaintiff David Rodriguez (Plaintiff) moves to compel further production from Defendant to his Request for Production (RFP) No. 3. Discussion Defendant argues that good cause exists to compel a response to RFP No. 3 b...
2023.07.12 Motion for Judgment on the Pleadings 929
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.12
Excerpt: ...sions Code section 17200; (4) breach of express warranty; (5) breach of implied warranty; (6) Song-Beverly Consumer Warranty Act Civil Code section 1793.2(b). Now, GM moves for a judgment on the pleadings as to the first, second, and third causes of action. GM also moves to strike Plaintiff's prayer for punitive damages. Discussion GM argues that Plaintiff has not alleged any facts which could support the claims sounding in fraud (i.e., the first...
2023.07.11 Motion to Expunge Lis Pendens 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.11
Excerpt: ...t 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 contract; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code sections 2945, et seq.; (9) financial elder abuse; and (1...
2023.07.11 Anti-SLAPP Motions 232
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.11
Excerpt: ... Kahen, and Abraham Shofet, alleging: (1) declaratory relief; (2) injunctive relief; and (3) intentional interference with contractual relations. On 10/24/2022, leave to amend was granted to allow Plaintiff to add a cause of action for malicious prosecution, and to add two new defendants (the 9418 Action Plaintiffs Ben Naim and Joseph Cohen). Now, Defendants Cohen, Pourbaba, and Naim specially move to strike Plaintiff's malicious prosecution caus...
2023.07.10 OSC Re Contempt 464
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.10
Excerpt: ...(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 foreclosure; and (11) reformation of contract. On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief. Now, Plaintiff moves for an ord...
2023.07.10 Motion to Compel Further Responses 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.10
Excerpt: .../2022, Plaintiff CBD Franchising, Inc. (Plaintiff or CBD) filed suit against Central Jersey Doors & Closets, LLC, Mary 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. Now, Defendant One Day moves to compel further respon...
2023.07.10 Motion for Assignment and Restraining Order 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.10
Excerpt: ...tal declaration. On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second 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 foreclosure; and (11) reformation of contract...
2023.07.06 Motion for Approval of PAGA Settlement 678
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.06
Excerpt: ...ertime compensation; (3) failure to provide meal and rest periods; (4) failure to provide itemized wage and hour statements; (5) waiting time penalties; (6) Private Attorney General Act (PAGA); (7) failure to permit inspection of personnel and payroll records; and (8) unfair competition. Now, Plaintiff and Defendant (collectively, the Parties) jointly more for an order approving the PAGA settlement. Discussion The Settlement Agreement provides fo...
2023.07.05 Motion for Summary Judgment 775
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.05
Excerpt: ...t claim. On 2/22/2021, Plaintiff Jesse Janto (Plaintiff) filed suit against Los Angeles County, Los Angeles County Sheriff, and Los Angeles County Correctional Health Services, alleging: (1) general negligence; (2) intentional tort; and (3) medical negligence/malpractice. Now, Defendant County of Los Angeles (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background This lawsui...
2023.06.30 Demurrer, Motion to Strike 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.30
Excerpt: ...sustained, with 15 days leave to amend, as to the seventh cause of action. Defendant's motion to strike is granted. Plaintiff must file a motion for leave to amend in order to plead additional causes of action. On 2/22/2022, Plaintiff Skyler Wells (Plaintiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 2/15/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) ...
2023.06.28 Demurrer 172
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.28
Excerpt: ... an individual and as assignee of Pieces of Eight #1, LLC, Benzion Weiss, and Channah Weiss, filed suit against SNF manager, Inc., Ira Smedra, and Jacob Wintner as Defendants, and Wire Oak SNF, LLC, Long Star SNF Holdings, LLC, Lone Star SNF Holdings II, LLC, and Lone Star SNF Holdings III, LLC, alleging: (1) fraudulent misrepresentation; (2) breach of fiduciary duty; (3) fraudulent misrepresentation; (4) breach of fiduciary duty; (5) breach of c...
2023.06.27 Motion for Summary Judgment 880
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.27
Excerpt: ...ainst Good Samaritan Hospital, Jonathan R. Saluta, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Terrence J. Fitzgibbons, M.D (Dr. Fitzgibbons) and Jonathan R. Saluta, M.D (Dr. Saluta) separately move for summary judgment. For ease, the Court has consolidated its ruling into a single analysis. Factual Background Plaintiff, who was 23-years-old at the time, alleges failure to proper...
2023.06.27 Application for Order to Serve Summons to Secretary of State 320
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.27
Excerpt: ...nity Company, alleging: (1) violation of the Consumer Legal Remedies Act; (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code section 7071.5. Now, Plaintiff moves for an order to serve the Summons and Complaint on Defendan...
2023.06.26 Motion for Supplemental Attorney Fees 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.26
Excerpt: ...tlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.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 established that the determination of what constitutes reasonable...
2023.06.26 Demurrer 208
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.26
Excerpt: ...fei Koh, alleging: (1) disability discrimination; (2) disability harassment; (3) retaliation; (3) failure to engage in the interactive process; (4) failure to accommodate; (5) failure to prevent/investigate/correct; (6) failure to prevent/investigate/correct; (7) wrongful termination; (4) violation of wage and hour; (9) violation of Labor Code section 1102.5; and (19) unfair business practices. Now, Defendants Labcorp and Chanfei Koh (collectivel...
2023.06.23 Demurrer, Motion to Strike 717
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.23
Excerpt: ... and Hayat Trust, Eshagh Khoubian, individually and as trustee of the Eshagh and Hayat Trust, and the Eshagh and Hayat Trust filed suit against 58 Defendants, alleging: (1) fraud; (2) negligent misrepresentation; (3) negligence; (4) breach of contract; (5) breach of warranty; (6) negligence; (7) breach of contract; (8) strict products liability; (9) negligence/strict products liability; and (10) civil remedies for Penal Code sections 484 and 496....
2023.06.22 Motion to Set Aside Default Judgment 856
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.22
Excerpt: ...w, Defendant Azar Barani (Defendant) moves to set aside the entry of default judgment. Discussion This action was filed back in 2009, and a default judgment was entered on July 27, 2010. Notice of entry of judgment was sent out on July 27, 2010, and the underlying judgment was renewed on June 11, 2020. Defendant's motion to set aside was filed March 15, 2023. CCP section 473, subdivision (b), provides in pertinent part: "The court may, upon any t...
2023.06.22 Motion to Compel Depositions, for Sanctions 680
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.22
Excerpt: ...Inc., Club Demonstration Services, Inc., and Advantage Sales & Marketing, LLC, alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in good faith interactive process; (4) retaliation; (5) violation of the California Family Rights Act; (6) retaliation; and (7) wrongful termination. Now, Plaintiff moves to compel the depositions of WDS's persons most qualified (PMQ), CDS's PMQ, ASM's PMQ, A...
2023.06.21 Motion to Compel Further Responses 283
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.21
Excerpt: ...uthern Motion, Inc. (SOUTHERN MOTION or Southern Motion), setting forth a claim for declaratory relief and a claim for breach of contract. Southern Motion answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of ...
2023.06.16 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.16
Excerpt: ... On 6/1/2021, Plaintiff Eian Beron, Jr. (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). ON 3/14/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of oral contract: breach of the implied covenant of good faith and fair dealing; (2) breach of implied-in-fact contract; (3) declaratory relief; (4) fraud; (5) breach of fiduciary duty; and (6) accounting....
2023.06.16 Motion in Limine 147
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.16
Excerpt: ...s, Inc. v. California Department of Education, OAH No. 2011050012, which was affirmed by the California Court of Appeal in Golden Day Schools, Inc. v. Office of Administrative Hearings (2017) 8 Cal.App.5th 1012, and (ii) Golden Day Schools, Inc. v. California Department of Education, OAH Nos. 2015090982, 2015110288, which was not appealed and is final (collectively, the OAH Proceedings). At issue here are two disagreements: (1) whether or not the...
2023.06.16 Motions to Set Aside 268
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.16
Excerpt: ...: (1) defamation per se; (2) defamation per quod; (3) trade libel; (4) violation of Business and Professions Code section 17200; and (5) intentional interference with contractual relations. Now, Defendants Sadr Law Firm and Kasra Sadr move to set aside judgment and enter a new judgment in favor of Defendants. For ease, the Court has consolidated its analysis into a single ruling. Discussion I. Defendant Sadr Law Firm Defendants argue that the Cou...
2023.06.15 Motion to Tax Costs 520
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.15
Excerpt: ...xpress 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, Defendant moves to tax costs. Discussion Defendant argues that Plaintiff's claimed costs must be taxed because they have not itemized their costs, but rather list the items in their aggregate amount. Moreover, Defendant disputes the following costs as unreasonable: - Item 5—Ser...
2023.06.15 Motion for Judgment Notwithstanding the Verdict 051
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.15
Excerpt: ...cci, 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) failure to provide wag...
2023.06.13 Motion to Stay Proceedings 406
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.13
Excerpt: ...eatment, Inc., and Jeffrey D. Ball as an individual and as a Trustee of the S&J Ball Family Trust dated 8/1/2014, alleging: (1) judicial dissolution; (2) accounting; and (3) breach of fiduciary duty. Now, Defendant Jeffrey Ball (Defendant) moves for a stay of proceedings as to the involuntary dissolution of PCH Treatment. Factual Background This case involves an ongoing business dispute regarding the management and control over PCH Treatment, Inc...
2023.06.13 Motion to Compel Compliance to Motion for Protective Order, for Sanctions 429
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.13
Excerpt: ...1, Pierre Demian (Plaintiff) 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. Now, Plaintiff moves to ...
2023.06.12 Motion for Preliminary Approval of PAGA Settlement 408
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.12
Excerpt: ...vil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code sections 210, 226.3, 558, 1197.1 and 2699. Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion is unopposed. Discussion The Settlement Agreement provides that Defendants shall pay $200,000.002 as the Gross Settlement Amount. From this amount, Plaintiff requests an award of $4,880.00 in administration costs, attorneys' fe...
2023.06.12 Demurrer, Motion to Strike 085 (2)
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.12
Excerpt: ...Donovan and Arconex (collectively, Plaintiffs) filed suit against Quantgene, Inc. and Johannes Bhakdi (collectively, Defendants), alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) unjust enrichment; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) violation of Business and Professions Code section 17200. On 3/3/2022, Cross-Complainants Quantgene, Inc. and Johannes Bhakd...
2023.06.08 Motion to Set Aside Default 142
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.08
Excerpt: ... 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 action; (12) elder abuse; (13) public entity's liability; and (14) civil conspiracy to commit fraud, deceit, and conceal. Now, Aspen Skilled...
2023.06.08 Motion for Protective Order 436
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.08
Excerpt: ...ely, Plaintiffs) filed suit against Methodist Hospital of Southern California (MHSC or Defendant), 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 v...
2023.06.07 Demurrer, Motion to Strike 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.07
Excerpt: ...intiff must file a motion for leave to amend in order to plead additional causes of action. On 2/22/2022, Plaintiff Skyler Wells (Plaintiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 2/15/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of contract; (2) construction defects; (3) construction defects; (4) negligence; (5) negligence; (6) negligent i...
2023.06.06 Motion to Tax Costs 660
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.06
Excerpt: ...) violation of the Song Beverly Act—breach of express warranty; (2) violation of the Song Beverly Act—breach of implied warranty; (3) violation of the Song Beverly Act section 1793.2; (4) violation of Business and Professions Code section 17200; and (5) violation of the consumer legal remedies act section 1750, et seq. Now, Defendant moves to tax costs. Discussion Defendant argues that Plaintiff is not entitled to recover any costs because sh...
2023.06.01 Petition to Confirm Arbitration Award 723
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.01
Excerpt: ...t against MJ Industrial Partners, LLC and Ryan Luper (collectively, Respondents) The petition is unopposed. Legal Standard An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ_ Proc. 1287 6; Jones v. Kvistad (1971) 19 Cal App_3d 836, 840_) A party who IS satisfied with an arbitration award should move to confirm the award. A petition to confirm an arbitration award must include the s...
2023.05.31 Demurrer to SAC 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.31
Excerpt: ... Newsom (Defendant or Governor) demurs to the SAC. Defendant also moves to strike portions of the SAC. Discussion Defendant argues that the same deficiencies previously identified with Plaintiffs' claims remain, i_e_, the claims against him are barred by the broad immunity provided under the ESA at Government Code section 8655, as well as under additional immunity provisions, and Plaintiffs do not allege exhaustion of claims filing requirements. ...
2023.05.30 Motion for Protective Order 680
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.30
Excerpt: ...c (CDS), and Advantage Sales & Marketing, LLC (ASM), alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in good faith interactive process; (4) retaliation; (5) violation of the California Family Rights Act; (6) retaliation; and (7) wrongful termination Now, Defendants seek a protective order from the depositions of persons most (PMQs) Discussion Defendants seek a protective order from P...
2023.05.26 Motion for Relief 732
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.26
Excerpt: ...ilure 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. Now, Plaintiff moves for relief from objections. Discussion The Court previously continued this motion after it could not l...
2023.05.25 Motion for Summary Adjudication 897
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.25
Excerpt: ...(2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non-delivery; (4) recission; (5) slander; (6) fraud; (7) violation of Califomia Business and Professions Code, (8) declaratory relief; and (9) injunctive relief. Now, Plaintiff Shima Nikfariam (Plaintiff) moves for summary adjudication of the third cause of action for cancellation of written instrument based upon non-delivery Discussion Plai...
2023.05.24 Motion to Tax Costs 464
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.24
Excerpt: ...s warranty, (2) breach of implied warranty, and (3) violation of the Song Beverly Act section 1793_2_ Now, Plaintiff moves to tax costs. Discussion Plaintiff argues that Defendant's submitted costs should be taxed in their entirety because Defendant was not the prevailing party, and the 'the January 20, 2022, California Code of Civil Procedure Section 998 Offer they served is not before the Court nor in evidence, and even if it were it was invali...
2023.05.24 Motion for Summary Adjudication 897
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.24
Excerpt: ...; (2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non-delivery; (4) recission; (5) slander; (6) fraud; (7) violation of Califomia Business and Professions Code, (8) declaratory relief; and (9) injunctive relief. Now, Plaintiff Shima Nikfariam (Plaintiff) moves for summary adjudication of the third cause of action for cancellation of written instrument based upon non-delivery Discussion Pl...
2023.05.23 Motion to Compel Arbitration 900
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.23
Excerpt: ...e Services, LLC, alleging: (1) expense reimbursement; (2) commission forfeiture, (3) unpaid overtime wages; (4) unpaid wages and civil penalties; (5) waiting time penalties, (6) unfair business practices, (7) employment discrimination on the basis of disability; and (8) retaliation Now, Defendant moves to compel Plaintiffs to individually arbitrate all of their claims against Defendant. Legal Standard Where the Court has determined that an agreem...
2023.05.23 Motion for Summary Judgment 171
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.23
Excerpt: ...f express warranty; and (3) fraudulent inducement—concealment On 9/22/2021 , the Court granted Defendant's motion for judgment on the pleadings, without leave to amend, as to the third cause of action. Now, Defendant moves for summary judgment of Plaintiffs Complaint The motion IS unopposed Discussion Defendant argues that Plaintiffs' claim fails because the Subject Vehicle was used, and the Song-Beverly Act does not apply to used vehicles. Her...
2023.05.23 Motion for Attorney Fees 286
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.23
Excerpt: ...mplied warranty; and (3) negligent repair. Now, Plaintiff moves for an award of attorney fees totaling $89,817 _OO_ 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 CalApp_3d 1 , 16 ) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys ...
2023.05.22 Motion to Compel Arbitration 729
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.22
Excerpt: ...discrimination and retaliation; (4) declaratory judgment; and (5) wrongful termination Now, Defendant moves to compel arbitration of Plaintiffs Complaint, and to stay these proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Coult shall order the petitioner and the respondent to arbitrate the controversy _ unless it determines that___ grounds exist for rescission of the agreement." (...
2023.05.22 Motion for Leave to Amend 824
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.22
Excerpt: ...ntract; (3) conversion; and (4) fraud in the inducement. On 4/1 2021, Plaintiff filed a first amended complaint (FAXC) alleging: (1) fraud; and (2) intentional tort. Cross-Complainants move for leave to file a second amended cross-complaint (SAXC) and to continue trial. Discussion Cross-Complainants argue that a trial continuance and leave to amend is warranted because on the eve of trial XDEF produced over 370 pages of never-before-seen discover...
2023.05.19 Motion for Reconsideration 024
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.19
Excerpt: ...f 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 of mechanic's l...
2023.05.19 Motion for Judgment on the Pleadings 799
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.05.19
Excerpt: ...l penalties based on Health and Safty Code section 42402 and South Coast AQMD Rule 1403 from Carey Hellman and the Carey Hellman 2017 Family Trust (collectively, Defendants). Now, Defendants move for a judgment on the pleadings. F actual Background This action arises out of alleged asbestos exposure at apartment 832 h S. Mansfield Avenue, located in the City of Los Angeles, California 90036 (Subject Property) owned by Defendants. Discussion Defen...

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