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2019.5.16 Request for Entry of Default Judgment 713
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.16
Excerpt: ...Plaintiffs and Defendant entered a promissory note agreement for Plaintiffs to lend Defendant $100,000 (and to allow Defendant to borrow further funds) in exchange for Defendant to ship quality produce and other sellable goods to Plaintiff's company per separate invoices (deducting 30% of the total invoice as payment to the agreement). In the event of default, Plaintiffs could terminate the agreement and demand payment of monies owed due within 7...
2019.5.16 Motions to Compel 025
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.16
Excerpt: ...CONDITION (filed 3/26/19) MP: Plaintiff Elizabeth Taylor RP: None TENTATIVE RULING Plaintiff's motions to compel are DENIED. The motions are untimely per Code of Civil Procedure section 2024.020(a). The last day for discovery motions to be heard in this action was March 18, 2019. Plaintiff's pre-trial motion for an order allowing evidence of prior and subsequent acts of sexual harassment and sexual battery by David Alkiviades is GRANTED AS PREVIO...
2019.5.16 Demurrer, Motion to Strike 051
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.16
Excerpt: ...oduction Resource Group (“PRG”) (collectively “Defendants”) for wrongful termination after Plaintiff took a medical leave connected to Plaintiff's diagnosis of Still's disease.. Per the complaint, Plaintiff alleges the following: Plaintiff began working for VER on July 30, 2014, in package fulfillment and was later promoted to project manager. On May 27, 2016, Plaintiff started to experience symptoms of an autoimmune disease called Still'...
2019.5.14 Motion to Reopen Discovery 664
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.14
Excerpt: ...ondo seeking indemnity, apportionment of fault, and declaratory relief. On January 18, 2019, Defendant/Cross-Complainant Daniel Cuevas Elizondo filed a cross-complaint against Cross-DefendantEmerik Urban seeking indemnification and apportionment of fault. On March 4, 2019, the Court ordered trial to be continued from April 4, 2019 to August 9, 2019. In that same order, the Court did not order the discovery cutoff deadlines to follow the new trial...
2019.5.14 Motion to Continue Trial 554
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.14
Excerpt: ...laintiffs were on their bicycles.¿ On December 13, 2017, Defendant Colin Wayne Erwin filed a cross-complaint against Plaintiff Carolina Padilla Lopez and defendants VW Credit, Inc. and Susanne Kerstin Birgitt von Den Stemmen seeking implied indemnity, contribution, and declaratory in relation to the July 17, 2015 incident. On April 19, 2019, the Court granted Defendants VW Credit, Inc.'s and Susanne Kerstin Birgitt von Den Stemmen's motion for s...
2019.5.14 Demurrer, Motion to Strike 331
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.14
Excerpt: ... Sky Blue Trans, Inc. as Doe 1. On May 9, 2017, Plaintiff filed an amendment designating Defendant Nevada Interstate Trucking, Inc. as Doe 2. On December 5, 2018, Wilshire Insurance Company filed an answer in intervention on behalf of Nevada Interstate Trucking, Inc. dba Nit Trans. in response to Plaintiff's complaint. On January 2, 2019, Cross-Complainants Sky Blue Trans, Inc. and Tajender Singh filed a cross-complaint against Cross-Defendants K...
2019.5.1 Motion for Issue, Evidentiary, and Monetary Sanctions 352
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.5.1
Excerpt: ...ion 2032.220, a defendant may demand one physical examination of a plaintiff who is seeking recovery for personal injuries, provided certain conditions are met. On December 7, 2018, the Court in this case granted Defendant's motion for leave to conduct an examination under section 2032.220 and ordered Plaintiff to submit to an mental examination to be conducted by neuropsychologist Charles Hinkin, Ph.D. on December 20, 2018 at 9:00 a.m. Prior to ...
2019.4.30 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.30
Excerpt: ...nt fails to plead sufficient facts to state a cause of action for negligence, (2) the negligence cause of action is uncertain, and (3) the premises liability cause of action is duplicative of the negligence cause of action. Trial is set for August 6, 2020. PARTY'S REQUEST Defendant requests that the Court sustain its demurrer to Plaintiff's complaint because it fails to state facts sufficient to constitute a cause of action for negligence, the ne...
2019.4.30 Motion to Reclassify 019
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.30
Excerpt: ...ndants filed a motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter due to special damages amounting to $6,775.00. Trial is set for June 6, 2019. PARTIES REQUEST Defendants requests the court for an order reclassifying the complaint filed by Plaintiff as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD Actions in which the amount in cont...
2019.4.30 Motion to Require Filing of Undertaking 127
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.30
Excerpt: ...n May 12, 2017. On April 2, 2019, Defendants filed a motion for an order requiring Plaintiff Coshan Miles to file an undertaking to secure an award of costs, which may be awarded to Defendants. Trial is set for August 8, 2019.¿ PARTIES' REQUEST Defendants ask the Court for an order requiring Plaintiff Coshan Miles to file an undertaking in the amount of $9,708.34 pursuant to California Code of Civil Procedure section 1030. LEGAL STANDARD Under C...
2019.4.29 Motion for Leave to File Lawsuit Against Governmental Entity 020
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.29
Excerpt: ...torey, Dorian Shepherd, and City of Los Angeles alleging motor vehicle and general negligence for an automobile collision that occurred on January 24, 2018. Trial is set for July 10, 2020. PARTY'S REQUEST Plaintiff requests leave to file a complaint against the City of Los Angeles pursuant to Government Code section 946.6. LEGAL STANDARD Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim...
2019.4.29 Motion to Compel Arbitration 000
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.29
Excerpt: ...on to compel arbitration pursuant to an agreement entered into between Plaintiff and Defendant on February 1, 2012. Trial is set for April 2, 2020. PARTY'S REQUESTS Defendant requests this Court to compel Plaintiff to engage in arbitration pursuant to an agreement between the parties that had been entered into on February 1, 2012. LEGAL STANDARD California Code of Civil Procedure section 1281.2 permits a party to file a petition and motion to req...
2019.4.29 Motion for Leave to File Complaint 560
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.29
Excerpt: ...amended her complaint to name S & N Construction, Inc. as Doe 1. On March 6, 2019, S & N Construction, Inc. (“Moving Defendant”) filed a motion for leave to file a cross-complaint against Room and Board, Inc., based, inter alia, on the allegation that it custom-built the cabinet that fell on Plaintiff. This motion is based on the discovery of new information that Moving Defendant argues gives rise to causes of action it has against Room and B...
2019.4.29 Demurrer 922
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.29
Excerpt: ...l incident that occurred on December 23, 2016. <0003004400030047004800 00560056004800550057>ing that the complaint is untimely because it was filed after the expiration of the applicable two-year statute of limitations. In opposing the demurrer, Plaintiff contended that she timely submitted her complaint for e-filing on December 20, 2018, but was notified after two-year period had run that the Clerk rejected her complaint because of technical def...
2019.4.26 Motion to Continue Trial 971
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.26
Excerpt: ...arbara, Inc. as Doe 1. Trial is set for July 15, 2019. PARTY'S REQUESTS Defendant Cancer Support Community Valley/Ventura/Santa Barbara, Inc. (“Moving Defendant”) requests the court for an order continuing: (1) the trial date to January 13, 2020; and (2) all discovery and motion deadlines to correspond to the January 13, 2020 trial date. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the pro...
2019.4.26 Motion for Terminating Sanctions 775
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.26
Excerpt: ...onsolidation of these cases was ever ordered, as discussed in the ruling issued concurrently herewith in BC701776. Trial is set for October 15, 2019. PARTY'S REQUEST Defendant requests the court for an order imposing a terminating sanction against Plaintiff for willfully disobeying a November 20, 2018 court order compelling Plaintiff to serve verified responses, without objections, to: (1) Defendant's Form Interrogatories (Set One), (2) Special I...
2019.4.25 Petition to Confirm Minor's Compromise 697
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.25
Excerpt: ... infliction of emotional distress arising from plaintiff Xzander Alain Barboza falling off of bleachers on April 19, 2015. On February 20, 2019, the court continued the hearing on petitioner Adelina Delgado's Petition to Confirm Minor's Compromise due to: (1) the declaration from counsel failing justifying 33% in attorney's fees and (2) the failure to correctly fill out paragraph 11 of the petition. On April 16, 2019, the court continued the hear...
2019.4.25 Motion to Continue Trial and All Related Dates 032
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.25
Excerpt: ...ants request the court for an order continuing: (1) the trial date to March 9, 2020; (2) the final status conference to February 28, 2020; and (3) all discovery and motion cut-off dates to follow the new trial date. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set ...
2019.4.24 Motion to Strike 890
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.24
Excerpt: ...ed additional facts under Defendant's general negligence cause of action. Trial is set for September 25, 2019. PARTY'S REQUEST Defendant requests this court to strike punitive damages from Plaintiff's first amended complaint (“FAC”). LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435, subd. (b)(1); Cal. Rules of Co...
2019.4.24 Motion to Strike 468
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.24
Excerpt: .... (“Opposing Defendant”) filed an answer to Plaintiff's complaint through the Law Offices of Bassett, Discoe, McMains & Kargozar. On October 10, 2017, Opposing Defendant filed a second answer to Plaintiff's complaint through the Law Office of Steven D. Levine. On March 21, 2018, the Law Office of Steven D. Levine filed a notice of errata stating it erroneously stated it represented Opposing Defendant. On March 28, 2018, the Defendants stipula...
2019.4.5 Demurrer 773
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.5
Excerpt: ... a curb in front of the properties located at 5222 Bellingham Ave., Valley Village, CA and 5230 Bellingham Ave., Valley Village, CA. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) 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 demu...
2019.4.4 Motion for Judgment on the Pleadings 962
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.4
Excerpt: ...g machine and flooded Plaintiff's unit, damaging the real property and Plaintiff's personal property. As a result of the flood, the condominium became uninhabitable and Plaintiff had to temporarily relocate. On March 13, 2019, Defendant filed the instant motion. Plaintiff filed an opposition brief on March 19, 2019. Defendant filed a reply brief on April 3, 2019, which is beyond the time required under CCP § 1005; consequently the court will not...
2019.4.4 Demurrer 922
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.4
Excerpt: ...er to Plaintiff's complaint because it fails to state facts sufficient to constitute a cause of action due to the expiration of the relevant statute of limitations. LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve ...
2019.4.4 Motion for Summary Judgment 273
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.4
Excerpt: ...cal malpractice. Defendant Clifford T. Wang, M.D. (“Defendant” or “Dr. Wang”) requests that the court enter summary judgment in his favor and against Plaintiff pursuant to CCP section 437c on the ground that no triable issues of material fact exist and Defendant is therefore entitled to judgment as a matter of law. The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as ot...
2019.4.4 Motion for Terminating Sanctions or Issue or Evidentiary Sanctions, Request for Monetary Sanctions 320
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2019.4.4
Excerpt: ...for negligence arising out of a motor vehicle accident. Trial is set for July 31, 2019. On December 4, 2018, the Court granted Defendant's motions to compel responses. Defendant requests that the Court impose a terminating sanction against Plaintiffs for Plaintiffs' failure to comply with the court's order dated December 4, 2018. Defendant also requests additional monetary sanctions in the amount of $1,800.00. If a party fails to comply with a co...

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