Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

935 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Hernandez, Peter A x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 222)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 479)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 900,100
Array
(
)
2019.11.27 Motion to Expunge Lis Pendens 677
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.27
Excerpt: ...notice is based does not contain a real property claim. (CCP § 405.31.) A lis pendens is a recorded instrument and recorded in the office of the county recorder where land is located that gives constructive notice of a pending lawsuit affecting title to the described real property. (Gale v. Superior Court (Gale) (2004) 122 Cal.App.4th 1388, 1395.) A real property claim is any cause of action which would affect title to, or right to possession of...
2019.11.27 Motion for Summary Judgment 036
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.27
Excerpt: ... burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action. (CCP § 437c(p)(2).) The court must liberally construe evidence in support of the party opposing summary judgment and resolve all doubts concerning the evidence in favor of that party. (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) The motion shall be supported by affidavits, declarations, admissio...
2019.11.26 Motion for Enforcement of Settlement Agreement 514
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.26
Excerpt: ...ment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick ...
2019.11.26 Demurrer 074
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.26
Excerpt: ...defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demurrer h...
2019.11.25 Motion to Require Undertaking to Secure an Award of Costs 856
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.25
Excerpt: ...an undertaking because Plaintiff De Xin Industry H.K. Co. Ltd. (“Plaintiff”) is a foreign company, whose principal place of business is in China: When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorneyʹs fees which may be aw...
2019.11.21 Motion to Amend Judgment 176
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.21
Excerpt: ...; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 709.) Section 187 confers such authority on the courts. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148‐149.) While courts have utilized section to add a successor corporation as a judgment debtor, this is generally done when there is a showing that (1) the new party is the alter ego of the old party and (2) that the new party has controlled the litigation, t...
2019.11.21 Motion for Injunctive Relief 066
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.21
Excerpt: ...m suspending any of Plaintiffs' privileges as a member of the HOA, and (3) enforcing any and all restrictions until a final determination can be made by this Court as to the merits of Plaintiffs' case. The dispute in this case arises from Plaintiffs seeking to subdivide the property they purchased located at 677 East Camellia Way, Azusa, California (the “Property”), that is part of the HOA. Plaintiffs allege that Defendant improperly enacted ...
2019.11.19 Motion to Set Aside Entry of Default 387
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.19
Excerpt: ...istake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP § 473(b).) The burden of proof on such a motion is on the moving party who must e...
2019.11.19 Motion for Summary Adjudication 549
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.19
Excerpt: ...t of the party opposing summary judgment and resolve all doubts concerning the evidence in favor of that party. (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) Plaintiff Jianglong (“Plaintiff”) contends that Defendants Shao Wei Fang and A&A California Investment LLC (collectively “Defendants”) are unable to demonstrate a triable issue of fact that : (1) Defendant A&A California Investment LLC (“A&A”) breached the manageme...
2019.11.19 Demurrer 228
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.19
Excerpt: .... 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 demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co...
2019.11.18 Motion to Compel Responses 770
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.18
Excerpt: ...sponses to its form interrogatories (sets 1 & 2), special interrogatories (set 2), and request for production of documents (sets 1 & 2). Code of Civil Procedure sections 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).) Set One...
2019.11.18 Demurrer 541
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.18
Excerpt: ...emurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue ...
2019.11.15 Demurrer 707
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.15
Excerpt: ...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 demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadi...
2019.11.14 Motion for Leave to File Amended Complaint 376
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.14
Excerpt: ...between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff proposes to add the allegations that Defendant Tiffany Lockett failed to report the sexual harassment of Plaintiff by two male employees of Defendant Wells Fargo, witnessed the harassment and did nothing to reprimand those employees concerning h...
2019.11.13 Demurrer 431
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.13
Excerpt: ...al.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 demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extr...
2019.11.5 Motion for Deeming Admitted Truth of Facts, for Sanctions 635
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.5
Excerpt: ... allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance. On June 6, 2019, Defendant served its Requests for Admission (Set One). (Kajo Decl., ¶¶ 2‐3, Ex. A.) On July 17, 2019, after Plaintiff failed to respond to th...
2019.11.5 Motion to Set Aside Entry of Default 192
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.5
Excerpt: ...for leave to defend the action shall be accompanied by an affidavit showing under oath that the partyʹs lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. (CCP § 473.5(b).) This section is designed to provide relief where there has been proper service of summons but defendant nevertheless did not find out about the action in time to defend. Typically, these are cases in w...
2019.11.4 Motion for Leave to Intervene 619
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.11.4
Excerpt: ... shall upon, timely application, permit a nonparty to intervene in the action or proceeding if either a provision of law confers an unconditional right to intervene, or the person seeking intervention claims and interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest. (CCP § 387(d)(1).) ...
2019.10.31 Motion for Leave to Intervene 836
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.31
Excerpt: ...ourt “may upon, timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (CCP § 387(d)(2).) The court has the discretion to allow intervention where the proper procedures are followed, provided: (1) the intervenor has a direct and immediate interest in the litigation, (2) the intervention ...
2019.10.30 Motion to Compel Further Responses 570
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.30
Excerpt: ... (CCP § 2031.310(b).) The requests at issue in this motion seek documents that contain the following categories of documents: (1) Defendant's internal policies, practices, and procedures in dealing with a customer complaint (Requests No. 7, 21‐24); and (2) information about other customer vehicles (Requests Nos. 10‐13, 27). Category of Requests Involving Defendant's Internal Policies, Practices, and Procedures (Requests No. 7, 21‐24) Defen...
2019.10.24 Motion for Injunctive Relief 870
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.24
Excerpt: ...Judicial Notice is taken of Plaintiff's request of Exhibit 1. (Ev. Code § 452‐453.) Evidentiary Objections Plaintiff's evidentiary objections to the Declaration of Jose Blair are overruled. Legal Standard In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or non...
2019.10.23 Motion to Compel Production of Docs 602
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.23
Excerpt: ...2025.450.[1] Defendant contends that Plaintiff is withholding evidence that allegedly demonstrate APEC's liability in Defendant's cross‐complaint. Defendant also contends that Plaintiff engaged in spoliation of evidence in destroying evidence, leading Plaintiff to claim that it cannot produce such documents. In its Opposition, Plaintiff denies such wrongdoing, and contends that it has attempted to meet and confer in good faith with Defendant, a...
2019.10.23 Motion to Compel PMK 162
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.23
Excerpt: ...25.450: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party givin...
2019.10.23 Motion for Change of Venue 221
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.23
Excerpt: ...of the action.” (CCP § 395(a).) The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c)When the convenience of witnesses and the ends of justice would be promoted by the change. (d) When from any cause there is no judge of the court qualified to act. (CCP § 397.) Her...
2019.10.22 Demurrer 281
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.22
Excerpt: ...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 demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. ...
2019.10.21 Demurrer, Motion to Strike 415
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.21
Excerpt: ...o state facts sufficient to constitute a cause of action. Intentional Infliction of Emotional Distress (“IIED”) (First Cause of Action) A cause of action for IIED requires proof of: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff suffered severe emotional distress; and (3) the defendant's extreme and outrageous conduct...
2019.10.21 Motion for Post-Judgment Attorneys' Fees 717
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.10.21
Excerpt: ... Code § 5975(c).) Defendant contends that the requested attorney fees post judgment are unreasonable and should be reduced. To enable the trial court to determine whether attorney fees should be awarded and in what amount, an attorney should present: (1) evidence, documentary and oral, of the services actually performed; and (2) expert opinion, by the applicant and other lawyers, as to what would be a reasonable fee for such services. (Martino v...
2019.1.31 Motion for Protective Order 031
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.31
Excerpt: ...fected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (CCP § 2025.420(a).) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. (CCP § 2025.420(b).) In 2...
2019.1.30 Motion to Compel Further Responses 711
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.30
Excerpt: ...y and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. (CCP § 2030.300(c).) Plaintiff Corine Ulloa (“plaintiff”) contends that defendant City of Azusa's (“defendant”) Motion to Compel Further Responses to Demand for Identification and Production of Documents and to Compel Production (“Motion”) is untimely because the parties extended the time “t...
2019.1.30 Motion for Leave to File Amended Complaint 015
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.30
Excerpt: ...Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) “The law is well settled that a long deferred presentation of the proposed amendment without a showing of excuse for the delay is itself a significant factor to uphold the trial courtʹs denial o...
2019.1.29 Motion for Determination of Prevailing Party, for Attorney Fees 173
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.29
Excerpt: ...e the contract specifically provides that attorneyʹs fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneyʹs fees in addition to other costs. (CC § 1717(a).) Paragraph 4 of the Consul...
2019.1.28 Motion for Summary Judgment 777
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.28
Excerpt: ...um‐ion battery that was in the front left pocket of his shorts exploded and burst into flames, causing injury. The Complaint asserts causes of action for: 1. Strict Products Liability 2. Negligent Products Liability 3. Loss of Consortium A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be esta...
2019.1.25 Re Amended Separate Statement 384
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.25
Excerpt: ...not locate the applicable evidence. “‘The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the partiesʹ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.' To that end, the rules dictating the content and format for separate statements are to ‘permit trial courts to expeditiously review complex motions for … summary judgment t...
2019.1.25 Motion for Leave to File Amended Answer 594
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.25
Excerpt: ...ngs.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Defendants proposes to add additional affirmative defenses relating to Plaintiff's failure to mitigate. According to defendants, discovery revealed information that woul...
2019.1.23 Motion to Compel Discovery Responses 685
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2019.1.23
Excerpt: ...30 days. Plaintiffs moves to compel discover responses from defendant. Code of Civil Procedure (“CCP”) Sections 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a), 2031.300(a).) CCP Section 2033.280(b) and (c) provides the propounding party t...

935 Results

Per page

Pages