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2022.05.31 Motion for Leave to File SAC 255
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.31
Excerpt: ...r any other named defendants. 2. Matters on Calendar Today On calendar today are two competing motions. The first is a motion to dismiss, which Pabst Kinney filed on 3/03/22, and which the Court continued from its original hearing date of 5/03/22. The second is a motion for leave to file a Second Amended Complaint, which Plaintiffs filed on 4/20/22. 3. Motion for Leave to File Second Amended Complaint a. Parties' Positions The Court will consider...
2022.05.26 Motion for Summary Judgment 061
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.26
Excerpt: ...im the office could not remove the kittens until they were at least eight weeks old and two pounds in weight. The employee gave Plaintiff vouchers and instructed Plaintiff to use the vouchers to obtain food for the kittens and to feed them until they were old enough and big enough for City removal. Plaintiff did as instructed. Within days, he was bitten by fleas. Thereafter, he fell on the floor unconscious. He was transported to the hospital, wh...
2022.05.26 Demurrer to FAC 257
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.26
Excerpt: ...on of real property, breach of contract, and fraud. 2. Demurrer to First Amended Complaint a. Parties' Positions Defendant demurs to the complaint on the ground that the fraud cause of action is not pled with the requisite specificity. Plaintiff opposes the demurrer, but the opposition concedes there is confusion with the names of the defendants in the FAC and seeks leave to amend to clarify in light of information obtained during discovery. Plai...
2022.05.26 Motion for Summary Judgment 280
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.26
Excerpt: ... (Skating Edge and Heindl);  Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California);  Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez);  Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Products Liability – ...
2022.05.24 Motion to Compel Compliance with Deposition Subpoena for Production of Business Records 636
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.24
Excerpt: ...ligence), willful misconduct, and elder abuse. The individual defendants are named as nominal defendants due to their relationship with Decedent. 2. Motion to Compel Compliance with Deposition Subpoena for Production of Business Records a. Parties' Positions Defendant, S&F Hospice Orco I, LLC dba Tranquil Care Hospice propounded a deposition subpoena for production of business records on non-party, Alameda County Department of Social Services, Ad...
2022.05.24 Motion for Summary Judgment 316
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.24
Excerpt: ... a claim for damage arising out of a pipe rupture, and Defendant failed to adequately investigate or pay on the claim. 2. Motion for Summary Judgment a. Parties' Positions Defendant moves for summary judgment on the complaint. Alternatively, it moves for summary adjudication of the first cause of action and the claim for punitive damages. It contends (a) it is entitled to judgment as a matter of law because the damage was caused by continuous or ...
2022.05.24 Demurrer to FAC 257
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.24
Excerpt: ...on of real property, breach of contract, and fraud. 2. Demurrer to First Amended Complaint a. Parties' Positions Defendant demurs to the complaint on the grounds that (a) the similarity in names is causing confusion, and (b) the fraud cause of action is not pled with the requisite specificity. Plaintiff opposes the demurrer, but the opposition concedes the confusion with the names and seeks leave to amend to clarify in light of information obtain...
2022.05.24 Demurrer 799
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.24
Excerpt: ...s causes of action for childhood sexual assault, negligence, negligent retention/supervision/failure to warn, sexual battery, IIED, and false imprisonment. The case was originally assigned to the personal injury hub courts, and the parties fully briefed this demurrer and motion to strike in late 2021. The PI hub court deemed the case complicated and reassigned it to this department, where the demurrer and motion to strike are now pending for hear...
2022.05.12 Motion for Summary Judgment, Adjudication 778
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.12
Excerpt: ...ial Deserting “Camping Party” event that occurred on July 19, 2020 to July 20, 2020 at or near Ave. L- 8 and 80th St. E. in Palmdale, California. Plaintiff further alleges that on or about July 20, 2020, Defendants and Brown recklessly, tortuously, and unlawfully owned, controlled, managed, maintained, supervised and possessed the dog, the event, and/or the premises as to permit the Dog to attack, molest, bite, maul, or otherwise injure Plain...
2022.05.12 Motion for Determination of Good Faith Settlement 196
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.12
Excerpt: ...t Lancaster Hospital Corporation d.b.a. Palmdale Regional Medical Center (“Defendant Palmdale”) at 4 a.m. the day after surgery was performed where she was placed on a ventilator despite her 90s oxygen saturation levels, causing a seizure. Plaintiff further alleges that (1) she suffered a Stage IV decubitus ulcer on her sacral region and a decubitus ulcer on her heel (Stage unknown) due to Defendant Palmdale's failure to reposition Plaintiff ...
2022.05.12 Motion for Terminating Sanctions 242
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.12
Excerpt: ...cribed in said complaint, and that said accident and injuries sustained by Plaintiff were actually and proximately caused by said fault, carelessness and negligence of all defendants. On April 03, 2020, Plaintiffs filed their Complaint alleging two causes of action for (1) Motor Vehicle and (2) General Negligence. On July 23, 2021, Defendant filed her Answer. On December 02, 2021, Defendant filed six Motions to Compel. All were granted on Februar...
2022.05.12 Motion to be Relieved as Counsel 077
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.12
Excerpt: ...TY. The basis of Plaintiff's action for title is a deed from Defendant Maria Dominguez, formerly known as Maria Del S. Amado (“Defendant”), Plaintiff's mother, which granted to above property in fee simple to Plaintiff. It is dated December 21, 1998 and was recorded in the Official Records of the County of Los Angeles on December 16, 2011 as Document No. 201111709322. Plaintiff alleges that she has been making all required payments on the hou...
2022.05.10 Motion to Compel Further Responses 261
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.10
Excerpt: ...s by 12/17/22. Because no party sought sanctions, the Court did not impose sanctions. 3. Motion to Compel Compliance and for $500/Day Sanction a. Parties' Positions Plaintiff contends Defendant's supplemental responses to the subject RPDs remain deficient, and Defendant did not serve responsive documents that clearly exist. She seeks an order (a) compelling Defendant to comply with the 11/02/21 order, and (b) ordering Defendant to pay $500/day in...
2022.05.10 Motion to Compel 566
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.10
Excerpt: ...lso found Defendant acted with fraud, malice, or oppression. After the jury rendered its verdict, the parties proceeded to a sidebar conference with the Court. At that time, Plaintiff indicated she was not ready to proceed to prove up the amount of punitive damages. The transcript from those proceedings reveals that the Court asked when the parties would be ready for Phase Two. The Court stated its preference would be to go forward on Monday (3/1...
2022.05.10 Motion for Attorney Fees 654
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.10
Excerpt: ...ing party, but they were unable to come to an agreement regarding the amount of attorneys' fees and costs to be awarded. 2. Motion for Attorneys' Fees and Costs a. Parties' Positions Plaintiff seeks to recover his attorneys' fees, costs, and expenses pursuant to Civil Code §1794(d), which permits such recovery when a plaintiff prevails in a lemon law case. Plaintiff contends his attorney's rates and number of hours charged are reasonable, and se...
2022.05.05 Petition to Confirm Arbitration Award 087
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.05
Excerpt: ...19, Plaintiff dismissed the arbitration. On 12/13/19, at a post-arbitration status conference, Plaintiff stated that he dismissed the arbitration because AAA did not have jurisdiction over the parties' dispute. The Court asked for briefing on the issue, and on 3/12/20, it again compelled arbitration. It subsequently denied Plaintiff's motion for reconsideration of the issue. On 3/02/22, the arbitrator issued his final award in the action. He foun...
2022.05.05 Demurrer 627
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.05
Excerpt: ... of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading th...
2022.05.03 Motion to Vacate Default, Judgment 143
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.05.03
Excerpt: ...ce of process, through substitute service on Jane Doe, an Hispanic female, age 30+, 5'4”, 130 pounds, who refused to give her name. Service occurred on 4/13/21, and the papers were also mailed to the same address on 4/13/21. On 6/21/21, at Plaintiff's request, the Clerk entered Defendant's default. On 6/28/21, also at Plaintiff's request, the Court entered judgment. 2. Motion to Vacate Default and Default Judgment a. Parties' Positions Defendan...
2022.04.28 Motion to Compel Further Responses 338
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.28
Excerpt: ... is good cause. Plaintiff correctly notes that Defendant failed, in the moving papers, to show “good cause” for each document request. This is required per Code. Defendant failed to address the argument in reply. If the parties remain unable to resolve their issues, Defendant must show good cause for each document request in dispute in connection with the joint statement (discussed below). The second issue is the substance of Plaintiff's stat...
2022.04.28 Motion for Summary Judgment 560
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.28
Excerpt: ... 526, when the three-day notice is not based on a reasonable estimate of the actual rent due, it is defective and the defendant is entitled to judgment as a matter of law. Plaintiff opposes the motion. It concedes most of the facts in the moving papers and concedes the applicable law. It contends, however, that the lease modification upon which Defendant relies in the moving papers was not in writing, and the parties' contract requires all modifi...
2022.04.28 Motion for Judgment on the Pleadings 086
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.28
Excerpt: ...n for leave to file a Second Amended Complaint, which is operative at this time. The SAC includes causes of action for breach of written lease, breach of oral lease, and waste. 2. Motion for Judgment on the Pleadings Directed at Second Amended Complaint a. Parties' Positions Plaintiff added Millbrook Kitchens, Inc. as a defendant by way of the SAC. Millbrook moves for judgment on the pleadings on the SAC, contending the first cause of action fail...
2022.04.28 Application for Writ of Attachment 083
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.28
Excerpt: ...action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay moni...
2022.04.26 Demurrer 281
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.26
Excerpt: ...dants filed the cross-complaint on 1/13/22. 2. Demurrer to Cross-Complaint a. Allegations of Cross‐Complaint Defendants allege Osborne presented Singhal with a proposal for installation of a solar power system on the property, which proposed included a schedule of front- loaded progress payments, which Osborne stated were necessary because Solar Source lacked capital. Osborne convinced Singhal to enter into the agreement based on the representa...
2022.04.26 Motion for Protective Order 439
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.26
Excerpt: ...inancials and present value of the boat should be excluded under Evidence Code §352. Defendant opposes the motion. It argues (a) the motion is premature, as expert depositions have not yet been conducted, (b) the expert testimony is all relevant to the issues presented, and (c) the expert testimony is not cumulative in nature. The first issue is whether the proposed expert testimony is cumulative. The parties agree that, pursuant to South Bay Ch...
2022.04.26 Motion to Compel Further Responses 083
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.26
Excerpt: ...action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay moni...
2022.04.26 Motions for Summary Judgment 348
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.26
Excerpt: ...sue largely for emotional distress suffered as a result of Justin's serious injuries. 1. Motions for Summary Judgment a. Initial Note There are two summary judgment motions on calendar today. The first is by Defendant, Pacific World Corporation. The second is by Defendant, Zircon Corporation. The motions are nearly identical. Pacific World Corporation contracted with Turbo Express, Inc. to transport beauty tools and nail care cosmetics, primarily...
2022.04.26 Motions for Protective Order, for Summary Judgment 471
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.26
Excerpt: ... breach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion for Protective Order a. Parties' Positions Defendants seek an order precluding Plaintiffs from deposing Richard Whitt and McKeel Hagerty, contending they ar...
2022.04.21 Demurrer 136
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.21
Excerpt: ...aundering of an allowance. 2. Demurrer to Complaint (Defendant, The Honorable Judge Holly Fujie, Judge of the Superior Court, County of Los Angeles, erroneously sued as Judge Holly Fudjie) a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the tr...
2022.04.19 Motion to Dismiss 130
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.19
Excerpt: ...een self-represented since that time. 2. Motion to Dismiss Defendants scheduled a hearing on a motion to dismiss for 4/19/22. On 3/11/22, Plaintiff filed a Notice of Objection to the motion. The Court does not, however, have any record of any motion to dismiss actually having been filed in the case. There is no motion in the file. The Court's tentative ruling is therefore to take the motion to dismiss off calendar. If Defendants have proof of fil...
2022.04.19 Motion for Summary Judgment 649
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.19
Excerpt: ... case, and four of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. 2/10/22 Ruling on Summary Judgment Motion On 2/10/22, the Court heard and denied MSC's summary judgment motion. As it relates to the instant motion for reconsideration, the Court ruled: 49 CFR §452.9(a)(1) obligates the “owner” of a container to inspect it whenever there is an on-hire/off-hire exchange. MSC,...
2022.04.14 Motion to Compel Production of Docs, for Relief 083
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.14
Excerpt: ...action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay moni...
2022.04.14 Demurrer 238
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.14
Excerpt: ...st Amended Complaint. The FAC includes causes of action for accounting, negligence, and unfair competition. The crux of the FAC is that Defendant has refused on an ongoing basis to tell Plaintiff how much is due on her loan and failed to act with due care in connection with a request for a loan modification. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law,...
2022.04.12 Motion to Compel Further Responses 026
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.12
Excerpt: ...tiff alleges each defendant was the agent, employee, principal, partner, or servant of each other defendant (¶10). Plaintiff alleges each defendant willfully conspired and engaged in a common enterprise with each other defendant (¶12). Plaintiff alleges each defendant was the agent, representative, servant, employee, principal, joint venturer, co-conspirator, management company, and/or representative of each other defendant (¶13). Plaintiff al...
2022.04.07 Motion for Judgment on the Pleadings, to Strike 805
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.07
Excerpt: ...omplaint, which was filed on 10/08/20. It includes causes of action for negligence and negligence per se – wrongful death, survival, products liability (strict), and products liability (negligence). 2. Motion for Judgment on the Pleadings/Motion to Strike a. Initial Note Xenon's MJP and motion to strike are substantially similar, and will be discussed together. The motion for judgment on the pleadings seeks judgment on the first cause of action...
2022.04.05 Motion for Summary Judgment, Adjudication 020
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.05
Excerpt: ...udgment”), attached to Plaintiff's complaint as exhibit 2, the family court adopted the parties' marital settlement agreement (“MSA”) as to the final orders. (Compl. Ex. 2.) In the Property Division Orders, the Court awards Plaintiff “2003 Infinity; Jewelry; LBUS FCO Accounts ending in 3377; Midland TSA; AXA TSA; and CalPERS pension”. (Id. at ¶ 501.) In the Property Division Orders for Defendant, the court awards as separate property t...
2022.04.05 Motion for Summary Judgment 129
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.05
Excerpt: ...tance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, United Fabricare, contending it is responsible in whole or in part for the subject contamination. There are multiple cross-complaint...
2022.04.05 Motion to Compel Further Responses 447
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.05
Excerpt: ... on that basis suffered from retaliation, including doubling the number of students in her classes and unwarranted and disproportionate disciplinary action. On August 24, 2021, Plaintiff filed her complaint against Defendant and Does 1 to 20 asserting three causes of action: (1) retaliation for protected activity; (2) sexual harassment; and (3) gender based discrimination. On February 8, 2022, the Court so‐ordered the parties' stipulated protec...
2022.04.05 Motion to Substitute 150
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.05
Excerpt: ...ry 23, 2020, a trial was held on the five causes of action detailed above. On February 26, 2020, the jury returned a verdict in favor of Defendant on all causes of action. On March 6, 2020, the court disposed of the action due to the jury verdict. Plaintiffs have appealed the verdict and resulting judgment. On 5/28/21, Defendant passed away. 1. 11/30/21 Motion to Substitute On 11/31/21, the Court heard Defendant's motion to substitute Defendant/D...
2022.04.04 Demurrer 560
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.04.04
Excerpt: ...di (erroneously sued as Shervin Azodil). On February 14, 2022, defendants Payam Sadeghi and Shervin Azodi (collectively, “Defendants”) filed the pending Demurrer to the Complaint. The pending Demurrer is unopposed. 2. Demurrer a. Meet and Confer Prior to filing a demurrer, the demurring party is required to satisfy their meet and confer obligations pursuant to CCP, section 430.41 and demonstrate that they so satisfied their meet and confer ob...
2022.03.29 Motion to Expunge Lis Pendens 049
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.29
Excerpt: ...ubject Property for $8,500,000.00. (Compl., pp. 2:28‐3:4.) Prior to filing the instant action, Plaintiff filed its first action against Defendants Willow on March 17, 2021 (“First Action”). (Koz. Decl., Ex. A (for a copy of the First Action).) It also filed and recorded its first notice of pendency of action , or lis pendens, clouding the title to the Subject Property on March 19, 2021. (“First Lis Pendens”). (Koz. Decl., Ex. B (for a c...
2022.03.24 Motions to Vacate Default, Judgment 725
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.24
Excerpt: ...aintiff, ACMC Finance and Trade LLC Notice: OK 1. Relevant Procedural History Plaintiff, ACMC Finance and Trade, LLC filed this action against Defendants, Energy Trading Company, LLC, Petro Diamond, Inc., Jack Khachatryan, Sona Apikian, Sargis Khachatryan, Gianni Saryan, John Davids, and Dennis Rogers, Jr. on 12/20/19. On 5/07/20, Plaintiff filed an application to serve Jack Khachatryan, Sona Apikian, Sargis Khachatryan, and Gianni Saryan by publ...
2022.03.24 Motion for Judgment on the Pleadings, to Strike 026
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.24
Excerpt: ... Background and Procedural History Plaintiff, Terry Cleveland filed this action against Defendants, Peter Star and Orange Holdings, LLC for damages and other relief relating to a landlord-tenant dispute. Plaintiff filed his complaint on 1/13/20. The complaint alleges Defendant, Star owns the apartment building where Plaintiff resides (¶4), and Defendant, Orange Holdings, LLC is the management company for the building (¶6). Plaintiff alleges eac...
2022.03.22 Demurrer, Motion to Strike, for Leave to Amend, for Reconsideration 562
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.22
Excerpt: ...istribution, LLC Opposing Party: Plaintiff, Jose Davila Notice: OK Motion for Leave to Amend and Motion for Reconsideration Moving Party: Plaintiff, Jose Davila Opposing Party: Defendant, Weber Distribution, LLC Notice: OK 1. Background Facts Plaintiff, Jose Davila filed this action against Defendant, Weber Distribution Warehouses, Inc. (“WDWI”) for nuisance, negligence, IIED, NIED, and trespass arising out of Defendant's operation of a noisy...
2022.03.17 Motion to Consider Late-Filed Papers, for Attorney Fees 076
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.17
Excerpt: ...ublic in violation of Carson Municipal Code §4201 that, if proved, would constitute reasonable cause to believe each of the Plaintiffs had committed a crime in Deputy Billoup's presence?” The jury answered yes to the question, and therefore the Court entered a defense verdict. Plaintiffs appealed. The issue on appeal was (a) whether §4201 was valid in light of Penal Code §647(f), (b) whether the special verdict form and related jury instruct...
2022.03.17 Motion to Compel Further Responses, for Terminating Sanctions 725
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.17
Excerpt: .... 2. 1/20/22 Hearing on Motion for Terminating Sanctions The Court was originally scheduled to hear this motion on 1/20/22. The Court found Defendant's responses to RPDs and special interrogatories remained deficient, but found imposing terminating sanctions without first giving Defendant an opportunity to supplement his responses would be unduly harsh. 3. Analysis On 3/02/22, the parties submitted a joint statement of items remaining in dispute....
2022.03.17 Motion to Compel Compliance with Doc Subpoena 471
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.17
Excerpt: ... breach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion to Compel Compliance with Document Subpoena a. Proof of Service Defendants filed proof of service of the moving papers on Plaintiffs and Co- Defendants. The...
2022.03.15 Motion to Compel Further Responses 562
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.15
Excerpt: ...s not reside at the location where it was served. On 6/22/21, the Court granted Plaintiff's motion for leave to amend the complaint to name Defendant, Weber Distribution, LLC. On 11/04/21, the Court sustained in part and overruled in part Defendant's demurrer to the FAC; the Court ordered Plaintiff to file a Second Amended Complaint, which he did on 11/19/21. 2. Motion to Compel Further Responses a. History of Discovery Dispute Defendant propound...
2022.03.15 Motion to Compel Arbitration 334
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.15
Excerpt: ...ing to accrue, on the loan. On 9/09/21, Defendant filed an answer to the complaint. Additionally, Defendant filed a cross-complaint against Plaintiff, as well as the entities Primary Care Associates of California and Healing Hand Family Clinic. The cross-complaint is also for breach of contract, fraud, and related claims. Defendant alleges Plaintiff and his related entities offered him $80,000 in moving expenses in order to work as the administra...
2022.03.15 Motion for Attorney Fees 695
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.15
Excerpt: ...te between Plaintiffs and Defendants concerning the use of adjacent boat slips. The case went to trial by jury, and on 10/28/21, the jury returned a defense verdict. 2. Motion for Attorneys' Fees a. Parties' Positions a. Parties' Positions On 2/16/22, Defendants filed a timely motion for attorneys' fees. They seek to recover $282,789.56 in attorneys' fees and $85,646.81 in costs by way of the motion. They contend they are entitled to recover fees...
2022.03.10 Motion for Summary Judgment, Adjudication 439
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2022.03.10
Excerpt: ... Beneteau. Volvo manufactures engines for yachts and other parts. The problems with the vessel included “a non-working PCU, which controlled all of the electronics on the yacht,” as well as problems with the electrical and navigational systems. On 11/19/20, the Court granted Plaintiff's motion for leave to file a Third Amended Complaint. The TAC made various minor changes, and also added a claim for violation of the Magnuson-Moss Consumer War...

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