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2021.11.02 Motion for Summary Judgment, Adjudication 145
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.11.02
Excerpt: ... of the Benjamin Living Trust dated July 30, 2009 TENTATIVE RULING Defendant Nautilus Insurance Company's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. I. 3 rd cause of action for breach of contract—DENY A. Applicable Law The duty to defend is broader than the duty to indemnify. See Montrose Chemical Corp. v. Sup. Ct. (1993) 6 Cal.4 th 287, 299. An insured is “entitled to a defense if the underlying compla...
2021.11.02 Motion for Leave to File TAC 450
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.11.02
Excerpt: ...‐1 lien. (Complaint ¶7.) During their December Funding Agreement, wherein Pacific Wine and its CEO, Gino Pacella (Pacella), executed a personal guaranty of performance, Pacific Wine defaulted. (Complaint ¶10.) When Plaintiff notified Pacific Wine of this default, Plaintiff was notified for the first time that Pacific Wine had “sold substantially all of its assets (including those assets by Plaintiff's UCC‐1 Lien) to Epic Ventures, Inc.”...
2021.11.02 Demurrer 155
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.11.02
Excerpt: ...fficiency 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 Dep't of Water & 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....
2021.11.01 Motion for Protective Order, for Monetary Sanctions 056
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.11.01
Excerpt: ... requests under the following conditions: a. Defendant may only propound a maximum of 60 SROGs; b. Defendant may propound RFAs. While there is no limit on the number of RFAs that can be made relating to the genuineness of documents (CCP § 2033.030(a)), the Defendant may not propound more than 35 RFAs as to matters other than the genuineness of documents (CCP § 2033.030(a)); and c. Defendant may propound FROGS; however, d. Plaintiff may use its ...
2021.10.29 Motion for Summary Adjudication 906
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.29
Excerpt: ...ontribution and comparative fault), Fifth (contributory negligence), and Eighteenth [1] Affirmative (unavoidable incident or condition) Defenses. Defendants filed an Opposition on August 10, 2021. Plaintiff filed his Reply on October 22, 2021. The Court hereby finds as follows. Request for Judicial Notice Defendants request that the court take judicial notice of a series of excerpts from depositions and discovery responses. The Court denies the r...
2021.10.27 Motion to Compel Arbitration 343
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.27
Excerpt: ......” (CCP, § 1281.2) Arbitration is a matter of contract. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery).) “ ‘Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement ....' ” (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) “The ‘ “ ‘ “ ‘... policy favoring arbitration cannot displace the necessity for a...
2021.10.27 Motion for Summary Judgment 068
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.27
Excerpt: ...nal Limited; (4) Lindsay Corporation; (5) Lindsay Transportation Solution Sales & Service LLC; (6) Ferreira Construction Co., Inc; and (7) State of California. Plaintiff's Complaint asserts the following four causes of action: (1) Negligence and Negligence Per Se against defendants Lindsay Corporation and Lindsay Transportation Solution Sales & Service LLC; (2) Strict Liability against defendants Lindsay Corporation and Lindsay Transportation Sol...
2021.10.26 Demurrer, Motion to Strike 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.26
Excerpt: ...ting ANALYSIS Defendants' Demurrer is SUSTAINED, with 20 days leave to amend. Defendants' Motion to Strike is MOOT. Demurrer Defendants Enhancer Elsinore LLC, Esther Lin, and Walter Lynn (collectively “Defendants”) demur to Plaintiff Manking ELS's (“Plaintiff”) causes of action for Fraud/Intentional Misrepresentation (Second Cause of Action), Negligent Misrepresentation (Third Cause of Action) and Breach of Fiduciary Duty (Fourth Cause of...
2021.10.25 Motion for Leave to File Amended Complaint 431
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.25
Excerpt: ...ff's mother was dismissed as a defendant on December 2, 2019. The complaint alleged causes of action for Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress arising from Plaintiff's allegations that Defendant mishandled their father's estate to Plaintiff's loss. On December 2, 2019, Plaintiff filed this action's First Amended Complaint. On September 14, 2021, Plaintiff filed the pending Motion For Leave To ...
2021.10.25 Demurrer 465
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.25
Excerpt: ...on on June 3, 2021 against Defendant Jie Xu (“Defendant”). On July 9, 2021, Plaintiff filed her First Amended Complaint (hereinafter “FAC”) for (1) Fraud (2) Breach of Contract (3) Breach of Implied Covenant of Good Faith and Fair Dealing (4) Common Counts for Money Lent (5) Restitution for Unjust Enrichment. The FAC alleges that Plaintiff loaned Defendant $300,000 for the down payment of real property located in Pomona. Plaintiff purport...
2021.10.12 Demurrer 520
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.12
Excerpt: ...oceeding, 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 involved i...
2021.10.07 Motion to Enforce Settlement 429
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.07
Excerpt: ...before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment 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.” (Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agre...
2021.10.07 Motion to Enforce Settlement 701
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.07
Excerpt: ...eway is current insolvent. Pursuant to California Insurance Code § 1063, et al., CIGA took over the claims of Defendants Reliant Medical Transportation and Francisco Juarez, as both Defendants are currently insured by an insolvent insurer. Plaintiff, now, seeks an Order binding CIGA to the terms of the purported settlement agreement entered into by Gateway. Defendant Francisco Juarez opposes Plaintiff's Motion. Additionally, Plaintiffs Marina Ma...
2021.10.06 Demurrer, Motion to Strike 336
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.06
Excerpt: ...on to Strike is MOOT. Plaintiff shall file an amended complaint within 20 days. 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...
2021.10.05 Motion to Compel Arbitration 477
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.05
Excerpt: ...nes that an agreement to arbitrate the controversy exists ....” (CCP, § 1281.2) Arbitration is a matter of contract. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery).) “ ‘Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement ....' ” (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) “The ‘ “ ‘ “ ‘... poli...
2021.10.05 Motion to Compel Arbitration 428
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.10.05
Excerpt: .....” (CCP, § 1281.2) Arbitration is a matter of contract. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery).) “ ‘Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement ....' ” (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) “The ‘ “ ‘ “ ‘... policy favoring arbitration cannot displace the necessity for a ...
2021.09.30 Demurrer, Motion to Strike 451
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.30
Excerpt: ...rd Bangs and Ruth Bangs (“Defendants”) demur to the First, Second, Third, and Fifth Causes of Action, and move to strike portions of the Complaint Defendants' Demurrer is OVERRULED in its entirety. In addition, Defendants' Motion to Strike is DENIED. Legal Standard 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 allega...
2021.09.29 Motion for Sanctions 354
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.29
Excerpt: ...nctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: (1) The document is presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification,...
2021.09.27 Demurrer 679
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.27
Excerpt: ...ant Stella Yeh (“Yeh” and collectively “Defendants” and “Cross‐ Complainants”) was the landlord. Plaintiffs allege that Defendants breached the lease by refusing to pay for the air conditioning repairs and for entering the Subject Property without permission. The operative Second Amended Complaint, filed May 31, 2018, asserts the following causes of action: 1. Breach of Residential Lease; 2. Breach of Covenant of Quiet Enjoyment; 3....
2021.09.24 Motion for Summary Judgment 707
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.24
Excerpt: ...[r]ecords of . . . any court of this state”].) Evidentiary Objections Defendant makes nineteen (19) evidentiary objections to the Declaration of Michael Howell, which was submitted in support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Objection Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, and 19 are SUSTAINED. Objection Nos. 11, 12, and 13 are OVERRULED. Legal Standard The purpose of a motion for summary ju...
2021.09.22 Motion to Vacate Sister-State Judgment 089
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.22
Excerpt: ...is GRANTED. (Evid. Code §§ 452‐454.) Plaintiff's request for judicial notice of Exhibits A‐E is GRANTED. (Evid. Code §§ 452, 453.) Legal Standard Under CCP section 1710.15, a judgment creditor may apply for the entry of a judgment based on a sister state judgment by filing an application. (CCP §1710.15, subd. (a).) Upon the filing of the application, the clerk shall enter a judgment based upon the application for the total amount of the ...
2021.09.22 Motion to Enforce Settlement, for Leave to Amend 629
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.22
Excerpt: ...21. Defendant Bergman seeks to avoid defending the action at trial by virtue of a settlement agreement he alleges was executed between Plaintiff and Defendant Bergman. Defendant Bergman's allegation that there is a settlement agreement is based upon a March 2, 2018 written offer from Plaintiff's attorney to settle Defendant Bergman's liability for the policy limit of Defendant Bergman's insurance policy and an unsigned April 12, 2018 letter from ...
2021.09.22 Demurrer, Motion to Strike 924
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.22
Excerpt: ...d the car and left the dependent adult clients to go to her employer's office to pick up some papers, leaving the clients in the car alone for an unspecified period of time. During her absence, one of the passengers assaulted Plaintiff Jorge Perez (“Plaintiff”). Through his Guardian Ad Litem Lilia Macedo, Plaintiff alleges three causes of action in the First Amended Complaint: 1. Cause of action for “neglect” as defined by Welfare and Ins...
2021.09.21 Motion for Summary Judgment 021
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.21
Excerpt: ...m Meruit 4. Fraud Defendants Zia Abhari (“Abhari”) and Homayoun Daryani (“Daryani” and collectively “Defendants”) move the Court for summary judgment. Defendants Homayoun Daryani and Zia Abhari's Motions for Summary Judgment are DENIED Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to en...
2021.09.20 Motion for Determination of Good Faith Settlement 477
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.20
Excerpt: ...��ended two vehicles merging at a low speed to the right shoulder of the Southbound 605 freeway. One of the two vehicles in front was driven by Plaintiff Brian Anthony Lopez (“Plaintiff”) and the other vehicle was driven by Defendant Daniel Lopez (“Defendant Lopez”). On October 25, 2019, Plaintiff filed the Complaint (“Complaint”) against Defendant Hayes, Defendant Lopez, and Defendant Hayes's employer, Gurney Trucking, Inc. (“Gurne...
2021.09.20 Motion for Judgment on the Pleadings 395
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.20
Excerpt: ...g a single common count for work and labor done against Defendant. (Complaint, p. 3.) Attached to the Complaint is Exhibit A, a balance sheet which indicates that a customer named “Simple Dumpsters” has an unpaid balance of $56,817.11 for services rendered by Plaintiff. (Id. at p. 6.) On December 16, 2020, Defendant filed a Demurrer arguing that Plaintiff has no claim against Defendant and that the claim rests with Simple Dumpsters, which is ...
2021.09.16 Demurrer 323
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.16
Excerpt: ...id. Code § 452(h).) Legal Standard 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 noti...
2021.09.15 Motion to Compel Expert to Attend Physical Exam 625
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.15
Excerpt: ...any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: [¶] (1) [t]he examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive[; and] (2) [t]he examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(...
2021.09.14 Demurrers, Motion to Strike 291
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.14
Excerpt: ...s Motion to Strike is MOOT. Judicial Notice Defendant's Request for Judicial Notice as to Exhibits A‐F is GRANTED. (Evid. Code, § 452.) Demurrer Legal Standard 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....
2021.09.13 Motion to Set Aside or Vacate Renewal of Judgment 225
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.13
Excerpt: ... 2021, Defendant filed a Motion to Set Aside/Vacate Renewal of Judgment. On April 12, 2021, the Court granted Defendant's Motion to Set Aside/Vacate Renewal of Judgment. On April 27, 2021, Plaintiff, again, filed an Application for Renewal of Judgment. On April 27, 2021, the Court Clerk, again, automatically granted Plaintiff's Application for Renewal of Judgment. On May 26, 2021, Defendant, again, filed a Motion to Set Aside/Vacate Renewal of Ju...
2021.09.10 Motion for Summary Adjudication 081
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.10
Excerpt: ...ort for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (“CCP”) section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue...
2021.09.09 Demurrer 385
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.09
Excerpt: ... 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 pleadings alone and not the evidence or other ex...
2021.09.08 Motion to Compel Further Responses 512
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.08
Excerpt: ...sponses to Plaintiff's Request for Production of Documents (Res. ID x6704) is GRANTED. Defendant Lai is ordered to provide responses to Plaintiff within 30 days. Sanctions are awarded against defendant Lai and counsel of record in the amount of $1,035.00, payable to Plaintiff within 30 days. (3) Plaintiff's Motion to Compel Further Responses to Plaintiff's Request for Admissions, set one (Res. ID x8050) is GRANTED. Defendant Lai is ordered to pro...
2021.09.08 Motion for Summary Adjudication 721
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.08
Excerpt: ...the Court DENIES Defendants Henry Hua, Mimi Hua, and Hua Culinary Group's Motion For Summary Adjudication Of Issues because the motion does not completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c(f)(1).) BACKGROUND This action arises from allegations of unfair labor practices by employer‐defendant Hua Culinary Group, dba Newport Seafood Restaurant (ʺDefendant Rest...
2021.09.02 Motion for Reconsideration 635
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.09.02
Excerpt: ...entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”...
2021.08.31 Motion for Summary Adjudication 276
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.08.31
Excerpt: ...dgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (“CCP”) section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deduc...
2021.08.26 Motion for Preliminary Approval of Class Action Settlement 012
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.08.26
Excerpt: ...t, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) This list is not exhaustive. (Id.) “[A] presumption of fairness exists where: (1) the settlement is reached through armʹs‐length bargaining; (2) investigation and disco...
2021.08.24 Motion to Compel Further Responses 710
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.08.24
Excerpt: ...iang (Res. ID x0862) is PARTIALLY GRANTED. Defendant Siyu Liang is ordered to provide further responses to Requests for Admission numbers 1 and 3. 4. Motion to Compel Further Responses to Requests for Production of Documents as to defendant Siyu Liang (Res. ID x1635) is GRANTED. Legal Standard In California, any party may obtain discovery “regarding any matter, not privileged, that is relevant to the subject matter involved in the pending actio...
2021.08.23 Motion for Summary Judgment 545
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.08.23
Excerpt: ... 17, 2021. After the hearing on August 23, 2021, the court took the matter under submission. The court hereby finds as follows: Evidentiary Objections The court rules as follows as to Plaintiffs' evidentiary objections filed on July 7, and August 9, 2021: The court rules as follows as to Defendant's evidentiary objections filed on August 17, 2021: Legal Standard A defendant moving for summary judgment/adjudication has met its burden of showing a ...
2021.07.27 Motion to Quash Service of Summons, to Set Aside Default 665
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.07.27
Excerpt: ...hallenge Personal Jurisdiction A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP § 418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a prepondera...
2021.07.22 Demurrer 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.07.22
Excerpt: ...epresentation (Third Cause of Action), and Breach of Fiduciary Duty (Fourth Cause of Action) in Plaintiff Manking ELS, LLC's (“Plaintiff”) Complaint on the grounds that Plaintiff does not state a claim upon which relief may be granted. 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...
2021.07.21 Motion for Summary Judgment 545
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.07.21
Excerpt: ...ly on July 14, 2021. The Court held a hearing on July 21, 2021, and took the matter under submission. The Court hereby finds as follows: Judicial Notice Judicial notice is taken of Defendant's Exhibits 1‐2. (Evid. Code § 452.) Evidentiary Objections Plaintiffs' evidentiary objections are… Defendants' evidentiary objections are… Legal Standard A motion for summary judgment asks the court to determine that the entire action has no merit or t...
2021.07.19 Motion for Judgment on the Pleadings 139
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.07.19
Excerpt: ...ept as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) 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 p...
2021.07.13 Motion to Lift Stay 362
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.07.13
Excerpt: ...derlying action in Gomez, et al. v. Hacienda La Puente Unified School District, et al. (BC690752) (the “Underlying Action”). In the Underlying Action, a disabled 8‐year‐old child fell out of his seat in a school classroom that was part of Defendant and the incident led to the child's death. Plaintiff is the insurer of a business owners liability coverage insurance policy. Plaintiff, an arm of Farmers Insurance Exchange, contends that it b...
2021.06.29 Motion to Expunge Lis Pendens 683
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.06.29
Excerpt: ...ll order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. (CCP § 405.31.) A lis pendens is a recorded instrument, 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 ...
2021.06.29 Motion to Compel Responses 254
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.06.29
Excerpt: ...l Procedure section 2025.450: 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 n...
2021.06.29 Motion for Leave to File FAC, Demurrer 679
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.06.29
Excerpt: ...rtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP § 473; and see CCP § 576.) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courtʹs discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 C3d 920, 939; Mabie v. Hyatt (1998) 61 CA4th 581, 596.) “A motion to amend a pl...
2021.06.29 Anti-SLAPP Motion 976
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.06.29
Excerpt: ...stablish that the second and third cause of action for breach of fiduciary duty and accounting arise from protected conduct under CCP §425.16. Dann does establish that the first cause of action for breach of contract arises from protected conduct under CCP §425.16(e)(4). In response, however, Zhu submits evidence to establish his probability of prevailing on the breach of contract claim. Plaintiff's Objections to Zhu Declaration.: SUSTAIN as to...
2021.06.22 Motion for Summary Judgment, Adjudication 117
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.06.22
Excerpt: ...Zeng; and Linlin Sun (collectively, the “Defendants”). The FAC alleges the following causes of action: (1) Breach of Contract (First Cause of Action), (2) Wrongful Termination (Second Cause of Action), (3) Retaliation (Third Cause of Action), (4) Fraud (Fourth Cause of Action), (5) Conversion (Fifth Cause of Action), (6) Constructive Trust (Sixth Cause of Action), (7) Accounting (Seventh Cause of Action), (8) Declaratory Relief (Eighth Cause ...
2021.06.22 Motion for Reconsideration of Motion to Set Aside Default 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2021.06.22
Excerpt: ..., however, the court may not reconsider it and loses its unrestricted power to change the judgment.” (Passavanti v. Williams (1990) 225 Cal.App.3d 1602, 1606.) On April 27, 2021, this court denied Defendant's motion to set aside entry of default. While Defendant claimed that her entry of default should have been set aside on the ground of mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473(b), she did...

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