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2213 Results

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2023.01.04 Motion to Strike 577
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.01.04
Excerpt: ...gation. On 9/12/2022, Plaintiff Thomas D. Perez and Delia Lopez De Perez initiated tis suit against 32 Defendants, alleging: (1) negligence; (2) strict liability—failure to warn; (3) strict liability—design defect. Now, Defendant Interstate Chemical Company, Inc., individually and as successor- by-merger to Coleman Chemical, Inc., (Interstate) moves to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reac...
2022.12.16 Demurrer 091
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.16
Excerpt: ...al Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Defendant Secure Nursing Service, Inc. (Defendant) demurs to Plaintiff's Complaint in its entirety. 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 ...
2022.12.15 Motions for Summary Adjudication 546
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.15
Excerpt: ...mplaint for battery. On 3/18/2019, J.K filed a cross-complaint Charter Communications, Inc., Charter Communications, LLC, and Frank Hernandez, alleging: (1) indemnity under Labor Code; (2) Indemnity under Corporations Code; (3) declaratory relief; (4) defamation; (5) failure to pay vacation (unused floating holiday) on termination; (6) failure to pay all wages due; (7) Private Attorney General Claim (PAGA); and (8) Business and Professions Code s...
2022.12.15 Motion for Summary Judgment 061
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.15
Excerpt: ...endant argues that Plaintiff's action for unlawful detainer must fail as a matter of law because City Ordinance section 49.99.3 remains operative and bars eviction for nonpayment of rent due to COVID-19 related financial hardship. Section 49.99.3 of the City Ordinance provides that: During the Local Emergency Period and for three months thereafter, no Owner shall endeavor to evict or evict a tenant of Commercial Real Property for nonpayment of re...
2022.12.14 Demurrers 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.14
Excerpt: ...ndants Los Angeles Unified School District (LAUSD), Governor Gavin Newsom, Los Angeles County Office of Education, City of Los Angeles and Barbara Romero demur to Plaintiff's FAC. While Defendants' demurrers were filed separately, the Court has consolidated its analysis due to the substantively similar arguments advanced by the moving parties. Discussion As a preliminary matter, the Court agrees with Defendants that the FAC does not comply with R...
2022.12.12 Motion to Set Aside Default, for Leave to File FAC 133
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.12
Excerpt: ...chment; (4) an accounting; and (5) fraud, deceit, and misrepresentation of fact. Now, Defendant Kyle Lott moves to set aside the entry of default and/or leave to file a First Amended Complaint (FAC). Legal Standard Code of Civil Procedure (CCP) section 473, subdivision (b) provides: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken again...
2022.12.12 Demurrer, Motion to Strike 316
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.12
Excerpt: ...c. alleging: (1) breach of express warranty; (2) breach of implied warranty; (3) breach of express warranty; (4) violation of the Federal Magnuson-Moss Warranty Act; (5) violation of Business and Professions Code section 17200. Now, Defendants demur to Plaintiffs' fifth cause of action. Defendants also move to strike portion of Plaintiffs' Complaint. Discussion Defendants argue that Plaintiffs' fifth cause of action is uncertain and lacks the req...
2022.12.09 Motion for Attorney Fees 458
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.09
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 totaling $22,000. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of t...
2022.12.09 Demurrer 433
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.09
Excerpt: ...d fourth causes of action. On 3/25/2022, Plaintiff Laurie Lashomb filed suit against the TJX Companies. On 9/30/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in interactive process; and (4) age discrimination. Now, Defendant demurs to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff cannot state a claim because her action (1) is tim...
2022.12.08 Motion for Summary Judgment 093
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.08
Excerpt: ...: (1) trespass; (2) conversion; and (3) declaratory relief. On May 29, 2020, Cross-Complainant Yi Mei Investment, LLC (Yi Mei Investment) filed a cross-complaint (XC) against Cross-Defendant M&H Capital, Inc., alleging: (1) adverse possession; and (2) prescriptive easement. Now, Plaintiff/Cross-Defendant M&H Capital (Plaintiff) moves for summary adjudication of its first cause of action, as well as for summary judgment against Defendant/Cross-Com...
2022.12.07 Motion for Leave to Amend 981
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.07
Excerpt: ...nswer. Discussion As a preliminary matter, there is no dispute that, as pled, Defendant's eighth affirmative defense is defective. In order to properly plead a statute of limitations defense, the answering party must either allege facts showing that the action is barred or plead the specific section and subdivision of the applicable statute of limitations statute as provided for in CCP§458. (See Brown v. World Church (1969) 72 Cal.App.2d 684, 69...
2022.12.06 Motion for Summary Adjudication 546
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.06
Excerpt: ...Inc., Charter Communications, LLC, and Frank Hernandez, alleging: (1) indemnity under Labor Code; (2) Indemnity under Corporations Code; (3) declaratory relief; (4) defamation; (5) failure to pay vacation (unused floating holiday) on termination; (6) failure to pay all wages due; (7) Private Attorney General Claim (PAGA); and (8) Business and Professions Code section 17200. Now, Defendants and Cross-Defendant Charter Communications, Inc.'s and Ch...
2022.12.06 Motion to Quash 140
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.06
Excerpt: ...Plaintiffs) filed suit against Matthew Wilkie, Cal Developers, Inc., Angel Wayhang Kou, and Umro Realty Corp. On 7/26/2022, Plaintiffs filed a first amended complaint (FAC) alleging: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of fiduciary duty; (4) breach of contract; (5) declaratory relief. On 10/10/2022, Plaintiffs dismissed Angel Wayhang Kou and Umro Realty Group from the action. Now, Defendant Cal Developer...
2022.12.05 Demurrer 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.05
Excerpt: ...h 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, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff's Complaint. Discussion Defendants' demurrer is defective for a number of reasons. As a preliminary matter, Defendants' demurrer seeks to join ...
2022.12.02 Motion to Compel Deposition 142
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.02
Excerpt: ...2018, Wayne Brent by and though his surviving spouse and successor in interest Najila K. Brent and Najila K. Brent individually filed this action asserting 30 causes of action. Now, Defendants Fairooz Kabbinavar, MD, Chinsuk Kim, NP, Jenny J. Kim, MD, the Regents of the University of California, Paul Watkins, Administrator, Manuel Eskildsen, M.D., and Jonsson Comprehensive Cancer Center and Foundation/UCLA (collectively, Defendants) move to compe...
2022.12.02 Demurrer 876
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.02
Excerpt: ...second cause of action. Defendants' motion to strike is DENIED. On 4/18/2022, Plaintiff Miriam Oguejiofor (Plaintiff) filed suit against Los Angeles Unified School District (the District), Maria Ricario, and James Koontz (collectively, Defendants). On 9/6/2022, Plaintiff filed a first amended complaint(FAC) alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discrimination; (5) conspiracy; and (...
2022.11.30 Demurrer 843
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.30
Excerpt: ...ts' demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the second cause of action. On 5/6/2021, Plaintiff Haydeh Motavassel (Plaintiff) initiated this action. On7/5/2022, Plaintiff filed a second amended complaint (SAC) alleging: (1) elder financial abuse; (2) fraudulent misrepresentation; (3) conversion; and (4) intentional infliction of emotional distress. Now, Defendant In Suk Kim and Daniel Marshall (collectively, Defendants) demur to Plaint...
2022.11.29 Motion to Bifurcate 871
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.29
Excerpt: ...dant) moves to bifurcate trial. Discussion Defendant seeks to bifurcate the trial into three phases: Phase 1 of the trial would address Defendants' statutory affirmative defense: (1) the exposure to DEHP was below the statutory safe harbor level so that no warning is required, and/or (2) DEHP is not a human carcinogen so cancer warnings are not appropriate under Baxter supra 120 Cal.App.4th 348. In Phase 2, Plaintiff must establish that Defendant...
2022.11.29 Motion for Summary Judgment, Adjudication 639
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.29
Excerpt: ...(1) partition of property; (2) breach of oral contract; (3) accounting; (4) unjust enrichment; (5) breach of the implied covenant of good faith and fair dealing; and (6) declaratory relief. Now, Plaintiff moves for summary judgment, or summary adjudication in the alternative, of her Complaint. The motion is unopposed. Discussion I. Partition Plaintiff's first cause of action seeks a partition of 839 E. 77th Street, Los Angeles (the Property). (SS...
2022.11.28 Motion for Protective Order 898
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.28
Excerpt: ...us, Inc., Lamps Plus Holdings, Inc., and Cindy Beeson, alleging: (1) discrimination on the basis of age; (2) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (3) wrongful termination; (4) breach of implied-in-fact contract not to terminate employment without good cause; and (5) intentional infliction of emotional distress. On 5/17/2021, Plaintiff dismissed Cindy Beeson from this action. Now, Defendant Lamps Plu...
2022.11.21 Motion for Judgment on the Pleadings 588
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.21
Excerpt: ...elief; (3) inverse condemnation; and (4) violation of Civil Rights. Now, the City moves for a judgment on the pleadings as to the third and fourth causes of action. Discussion The City argues that Petitioner cannot state a claim for its third and fourth causes of action because these taking claims are not ripe, and does not allege sufficient facts to state a claim. The Court disagrees. The government may not take private property for public use w...
2022.11.18 Demurrer, Motion to Strike 788
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.18
Excerpt: ...e Tuchmayer Trust dated 5/19/2014, Sara Putterflam, Dorit Tuchmayer, and 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; (...
2022.11.16 Motion to Strike 384
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.16
Excerpt: ...vil Rights Act; (3) general negligence; (4) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) breach of the implied covenant of quiet enjoyment. Now, Defendants move to strike Plaintiff's prayer for punitive damages from the Complaint. Legal Standard Motions to strike are used to reach d...
2022.11.16 Motion to Compel Arbitration 643
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.16
Excerpt: ...Act. On 8/19/2022, the Court granted Defendant's motion to compel arbitration. Now, Plaintiff moves to compel arbitration before any forum other than AAA. Discussion Plaintiff argues that Defendant should be ordered to arbitrate this matter with a forum other than the AAA. In support, Plaintiff cites the RISC which states that “You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org)...
2022.11.10 Motion for Attorney Fees, to Recover Costs 148
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.10
Excerpt: ...vil 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.S.A.A. Insurance, and Mercury Insurance Group. Now, ATI seeks to recover attorney fees. Discussion As a preliminary matter, t...
2022.11.10 Motion to Quash Service of Summons 696
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.10
Excerpt: ...ctual Background This action concerns Autograph, an American rock band formed in 1984 in Pasadena, California. Plaintiff alleges that Defendant voluntarily quit the band in 2019, at which time the three remaining band members continued playing as a band. This dispute concerns another members' right to continue publishing and performing under the Autograph name. Discussion Defendant argues that he lacks the requisite contacts with California for t...
2022.11.08 Motion for Summary Adjudication 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.08
Excerpt: ...ull Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a first amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) elder abuse; (6) rescission of contract; (7) violation of Business and Professions Code section 7163; (8) breach of fiduciary duty; (9) cancellation of instruments; (11) declarat...
2022.11.04 Demurrer 244
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.04
Excerpt: ...dant demurs to Plaintiff's Complaint. Factual Background This action arises out of Defendant's legal representation of Plaintiff during Plaintiff's father's probate (Probate Case). Discussion Defendant argues that Plaintiff's FAC still fails to allege facts which could show that her claim for professional negligence is not time-barred. CCP section 340.6 provides: An action against an attorney for a wrongful act or omission, other than for actual ...
2022.11.03 Motion to Compel Deposition 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.03
Excerpt: ..., Americana Homes II, LLC, and the Americana at Brand, LLC, filed suit against Allied World Assurance Company (U.S.) Inc., Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher), alleging: (1) declaratory relief; (2) reformation; (3) negligence; (4) negligent misrepresentation; and (5) breach of fiduciary duty. Now, Gallagher moves to compel the deposi...
2022.11.02 Motion to Compel Arbitration 672
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.02
Excerpt: ...any, and Select, alleging: (1) wrongful termination; (2) retaliation; (3) disability discrimination; (4) failure to accommodate; (5) failure to engage in interactive process; (6) failure to take reasonable steps to prevent discrimination and retaliation; (7) failure to provide meal breaks; (8) failure to provide accurate itemized statements; (9) failure to provide accurate itemized statements; (10) failure to provide accurate itemized statements;...
2022.11.02 Motion for Judgment on the Pleadings 111
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.11.02
Excerpt: ...urth, fifth, sixth, and seventh causes of action. On September 17, 2019, Plaintiff Princess Obienu (Plaintiff) filed suit against the County of Los Angeles Department of Health Services (Defendant), alleging: (1) race/national origin discrimination; (2) disability discrimination; (3) failure to accommodate disability; (4) failure to engage in the interactive process; (5) violation of the California Family Rights Act (CFRA); (6) violation of the C...
2022.10.31 Motion to Compel Arbitration 551
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.31
Excerpt: ...otion to compel arbitration. Now, Plaintiff moves to compel arbitration before JAMS rather than AAA, the forum which the parties are currently arbitrating in. Discussion Plaintiff argues that Defendant should be ordered to arbitrate this matter with JAMs because Defendant does not have the authority to initiate arbitration in the forum of their choosing without the express consent of Plaintiff. In support, Plaintiff cite the RISC which states tha...
2022.10.28 Motion to Compel Second Deposition 046
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.28
Excerpt: ...st Kia Motors America, Inc. (Defendant), alleging violations of the Song-Beverly Act. Now, Defendant moves to compel Plaintiff Elachkar's second deposition. Defendant also moves to compel the deposition of the person most knowledgeable (PMK) at Custom Auto Crafts and requests the production of documents. Motion to Compel Second Deposition Defendant seeks an order for Plaintiff Elachkar to appear for a second session of her deposition. Defendant a...
2022.10.28 Demurrer, Motion to Strike 140
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.28
Excerpt: ...fendants' demurrer is sustained, without leave to amend, as to the fifth cause of action Defendants' motion to strike is DENIED as to Plaintiff Zohar and MOOT as to Plaintiff Leeron. On 12/28/2021, Plaintiffs Zohar and Leeron Regev (collectively, Plaintiffs) filed suit against Matthew Wilkie, Cal Developers, Inc., Angel Wayhang Kou, and Umro Realty Corp. On 7/26/2022, Plaintiffs filed a first amended complaint (FAC) alleging: (1) intentional misr...
2022.10.27 Motion for Summary Judgment 39
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.27
Excerpt: ... moves for summary judgment of Plaintiff's Complaint. Discussion As a preliminary matter, Plaintiff has since dismissed his third and fourth causes of action. Accordingly, this motion is moot as to those causes of action, and the Court limits its analysis to the first and second claims for express and implied breach of warranty. I. Express Warranty Defendant argues that Plaintiff's breach of express warranty fails as a matter of law because the t...
2022.10.27 Motion for Summary Judgment 385
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.27
Excerpt: ...s for summary judgment of Plaintiff's Complaint. Discussion As a preliminary matter, Plaintiff has since dismissed his third and fourth causes of action. Accordingly, this motion is moot as to those causes of action, and the Court limits its analysis to the first and second claims for express and implied breach of warranty. I. Express Warranty Defendant argues that Plaintiff's breach of express warranty fails as a matter of law because the transm...
2022.10.27 Motion for Preliminary Injunction 700
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.27
Excerpt: ...each of good faith and fair dealing. Now, Plaintiff moves for a preliminary injunction. Legal Standard CCP section 527(a) requires a motion for a preliminary injunction to establish with facts in affidavits or in a verified complaint that there are grounds to issue a preliminary injunction. ¿Declarations may be used under section 2015.5 because they are equivalent to an affidavit. The plaintiff has the burden of establishing that grounds exist f...
2022.10.24 Demurrer 952
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.24
Excerpt: ...ays leave to amend as to the second cause of action's allegations concerning the separate client and as to Barba's claim concerning TMC - Cross-Defendant's demurrer is sustained, with 15 days leave to amend, as to the first, third, fourth, and fifth causes of action in their entirety. In light of this ruling, Cross-Defendant's motion to strike is MOOT. On 6/2/2022, Plaintiff Devin Ashburn (Plaintiff) filed suit against BPR Group, LLC (BPR) and Ja...
2022.10.24 Motion to Vacate Arbitration 732
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.24
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. Now, Plaintif...
2022.10.24 Motion for Leave to Amend 232
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.24
Excerpt: ...nyamini, Dan Kahen, and Abraham Shofet, alleging: (1) declaratory relief; (2) injunctive relief; and (3) intentional interference with contractual relations. Now, Plaintiff moves for leave to amend to file an amended complaint. Discussion Plaintiff seeks leave to amend to add a cause of action for malicious prosecution, and to add two new defendants (9418 Plaintiffs Ben Naim and Joseph Cohen) and new facts from the 9418 Action. Plaintiff contends...
2022.10.20 Motion to Compel Arbitration 194
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.20
Excerpt: ...nd Sangeeta Parekh, alleging: (1) sexual harassment; (2) harassment; (3) violation of FEHA; (4) discrimination; (5) retaliation; (6) violations of Labor Code; (7) failure to provide reasonable accommodation; (8) failure to engage in timely, good, interactive process; (9) failure to prevent violations of FEHA; (10) violation of public policy; (11) intentional/negligent infliction of emotional distress; (12) intentional/negligent infliction of emot...
2022.10.19 Motion to Compel Arbitration 267
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.19
Excerpt: ... Song-Beverly Act. 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 are fraud, duress, ...
2022.10.19 Demurrer 179
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.19
Excerpt: ...ed Parcel Services, Inc., Enrique Hardegy, Hector Hernandez, Vincent O'Brian, and Imo Sepoleta (collectively, Defendants). alleging: (1) gender discrimination; (2) medical disability discrimination; (3) failure to reasonably accommodate; (4) failure to engage in the interactive process; (5) racial discrimination; (6) failure to prevent harassment and discrimination; (7) hostile work environment retaliation; (8) retaliation; (9) wrong termination;...
2022.10.13 Motion for Attorney Fees 680
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.13
Excerpt: ...alse promise; (4) intentional misrepresentation; and (5) negligent misrepresentation. On 3/14/2022, Defendant's motion for summary judgment was granted. Now, Defendant moves for attorney fees totaling $250,710. Plaintiff moves to tax costs. Discussion Defendant seeks to recover $250,710 in attorney fees pursuant to the attorney fees clause of the NHPA. Here, the NHPA provided: In the event Meritage retains the service of one or more attorneys to ...
2022.10.11 Motion for Summary Judgment 879
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.11
Excerpt: ...ve, LLC, alleging: (1) open book account; (2) account stated; (3) reasonable value; and (4) breach of contract. Now, Plaintiff moves for summary adjudication on its breach of contract cause of action. Plaintiff filed a notice of qualified non-opposition. Discussion Plaintiff argues that the undisputed evidence establishes its breach of contract cause of action. In support, Plaintiff submitted the following evidence: - Plaintiff is a collection ag...
2022.10.11 Application for Writ of Attachment 595
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.11
Excerpt: ...t and declaratory judgment. Now, Plaintiff applies for (1) a right to attach order and (2) an order for issuance of writ of attachment. Discussion Plaintiff seeks a pre-judgment writ of attachment against Clark Parker and the Parkers' living trust to ensure that it can collect its debt. “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachme...
2022.10.11 Application for Writ of Attachment 147
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.11
Excerpt: ...ry judgment. Now, Plaintiff applies for (1) a right to attach order and (2) an order for issuance of writ of attachment. Discussion Plaintiff seeks a pre-judgment writ of attachment against Clark Parker and the Parkers' living trust to ensure that it can collect its debt. “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an...
2022.10.10 Motion to Declare Vexatious Litigant 548
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.10
Excerpt: ... 5AIF Sycamore, LLC, 5AIF Juniper 2, LLC, Gene Clark, California TD Specialists, and FCI Lender Services, Inc., alleging: (1) breach of contract; (2) breach of oral promise; (3) breach of implied covenant of good faith and fair dealing; (4) negligent misrepresentation; (5) intentional misrepresentation; (6) fraud; (7) injunctive relief; (8) wrongful foreclosure; (9) to set aside foreclosure; (10) violation of Business and Professions code section...
2022.10.10 Demurrer 944
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.10
Excerpt: ...nt (SAC) alleging: (1) violation of Civil Code section 1280; (2) violation of the Consumer Legal Remedies Act (CLRA); (3) breach of express warranty; (4) breach of express warranty (Magnuson-Moss Warranty Act); (5) breach of express warranty (Song- Beverly Consumer Warranty Act); (6) breach of implied warranty; (7) breach of implied warranty (Magnuson-Moss Warranty Act); (8) breach of implied warranty (Song-Beverly Consumer Warranty Act); violati...
2022.10.07 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.10.07
Excerpt: ...individually filed this action asserting 30 causes of action. Despite entering into a stipulation on 9/21/2021 to file a FAC, Plaintiffs have yet to file a FAC. Now, Defendants Fairooz Kabbinavar, MD, Chinsuk Kim, NP, Jenny J. Kim, MD, the Regents of the University of California, Paul Watkins, Administrator, Manuel Eskildsen, M.D., and Jonsson Comprehensive Cancer Center and Foundation/UCLA (collectively, Defendants) demur to Plaintiffs' Complain...

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