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2021.12.09 Motion for Summary Judgment, Adjudication 083
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.12.09
Excerpt: ...f 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 mo...
2021.12.07 Demurrer 257
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.12.07
Excerpt: ...rayer. On 6/09/21, Plaintiff filed a Notice of Errata. The Errata provides a copy of the entire complaint, the main body of which was missing from the original filing. The body of the complaint explains that Plaintiff and Defendant, Lucy Ramirez jointly purchased a property, which was a four-unit apartment building in need of substantial renovations. The parties had a written agreement, and commenced efforts to remodel the units. However, Defenda...
2021.12.07 Motion to Compel Deposition of PMQ 735
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.12.07
Excerpt: ...ame Sunnyside Nursing Center (this defendant is referred to as “Sunnyside” hereafter);  Defendant, Quality Health Service Group provided management services for Sunnyside (this defendant is referred to as “QHSG” hereafter);  Sunnyside and QHSG received prior administrative deficiencies for failure to provide adequate care from the State of California's Department of Public Health;  Sunnyside and QHSG had financial and control pol...
2021.12.07 Motion for Summary Judgment 499
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.12.07
Excerpt: ... attorneys' fees. Plaintiff alleges the obligation to pay rent is ongoing, and rent is due in the amount of $10,000/month. Plaintiff alleges he reserves the right to amend his complaint to allege additional amounts due and owing under the lease agreement. 2. Motion for Summary Judgment a. Parties' Positions Plaintiff moves for summary judgment on the complaint, contending the undisputed facts show Defendants are in breach of their obligation to p...
2021.12.02 Motion to Trifurcate 341
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.12.02
Excerpt: ...n coercive or threatening conduct separate and apart from the detention itself. At the end of 2014, the case went to trial. The jury found in favor of the plaintiffs and against the defendants. Specifically, the jury found:  Defendant, Aviles was liable for battery and was 20% at fault for Decedent's death;  Defendant, Beserra was liable for negligence and was 20% at fault for Decedent's death;  Decedent was 40% at fault for his own deat...
2021.12.02 Motion for Attorney Fees 013
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.12.02
Excerpt: ...all of which the City has ordered Defendants to cease. The Court issued a preliminary injunction enjoining Defendants from continuing to engage in the subject behavior. Thereafter, Plaintiff sought a contempt order against Defendant, Daksha Patel based on her violation of the injunction. The Court found Defendant in contempt in October of 2020, but failed to sign a judgment based on the findings. On 6/17/21, the Court signed the contempt judgment...
2021.11.30 Motion to Substitute Successor-in-Interest 150
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.30
Excerpt: ...anuary 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. 2. Motion to Substitute a. Parties' Positions Defendant's husband, Michael J. Polak, moves to be subst...
2021.11.30 Motion for Stay of Proceedings or Discovery 356
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.30
Excerpt: ...ous medical ailments. In 2016, he became a resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign pape...
2021.11.30 Motion for Entry of Judgment 278
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.30
Excerpt: ... the required payments through 12/15/21, such that only $65,000 total must be paid. The stipulation permits Plaintiffs to file the stipulation and seek entry of judgment in the event Defendants fail to timely make the required payments. On 5/17/21, the parties filed a stipulation to dismiss the case with the Court retaining jurisdiction to enforce the parties' settlement; the Court signed an order on the stipulation. 2. Motion for Entry of Judgme...
2021.11.30 Application for Right to Attach Order 181
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.30
Excerpt: ... Application for Right to Attach Order a. Relief Sought Plaintiff seeks an attachment order in its favor and against Defendant, Maxum Direct in the amount of $66,238.15, which amount includes $2000 in estimated costs and $15,000 in estimated attorneys' fees (these numbers are interposed at ¶8 of the application). Plaintiff seeks to attach “any property of a defendant who is not a natural person.” Plaintiff supports its application with the D...
2021.11.18 Motion for Leave to Amend Complaint 214
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.18
Excerpt: ...iser”), John Austin (“Austin”), Anthony Serrano (“Serrano”), Anthony W. Trujillo (“Trujillo”), Jerome Chiaro (“Chiaro”), and Belmont Station, Inc. (“Belmont”) for (1) tortious interference with prospective economic advantage, (2) conversion, (3) conspiracy, (4) trespass to real property, and (5) trespass to chattels. b. Case No. 20LBCV00301 On September 25, 2017, Plaintiffs Don Heckman (“Heckman”) and Belmont, individual...
2021.11.18 Motion to Compel Arbitration 388
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.18
Excerpt: ... other foreign investors, contributed a total of $35,609,000 into MXY D (which served as a vehicle to loan Plaintiffs' funds to MXY H) in exchange for their Class B shares in MXY D, as well as the promise of being treated as if they were direct holders of Debentures, entitling them to, among other things, equity in MXY H if it went public. (Complaint, ¶¶ 34-44.; Morante Decl., ¶¶ 10-13.) Around December 2020, it became clear that MXY H would ...
2021.11.18 Motion to Tax Costs 949
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.18
Excerpt: ... the RV was defective in numerous respects. On 4/03/19, Plaintiffs named LA Discount TV Rental as Doe 1, Stuart Silver as Doe 2, and Wendy Everett as Doe 3. On 4/17/19, Plaintiffs named Isaiah Earl Boatwright as Doe 4 and Isaiah Earl Boatwright, Jr. as Doe 5. On 3/25/21, Plaintiffs dismissed Defendant, Stuart Silver without prejudice. 2. Motion to Tax Costs a. Memorandum of Costs On 4/01/21, Silver filed a memorandum of costs. In connection with ...
2021.11.18 Motion to Compel Deposition 338
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.18
Excerpt: ...: (1) an order compelling Plaintiff to appear for her deposition; and (2) a protective order allowing Defendant not to respond to Plaintiff's interrogatories and inspection demands until 14 days after Plaintiff appears for her deposition. Defendant also seeks $1,650.00 in monetary sanctions against Plaintiff and her counsel. Plaintiff opposes and seeks $2,450.00 in monetary sanctions against Defendant and its counsel. 2. Legal Standard a. Compel ...
2021.11.16 Motion to Quash Deposition Subpoenas 356
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.16
Excerpt: ...ous medical ailments. In 2016, he became a resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign pape...
2021.11.16 Motion to Dismiss, Demurrer, Motion to Strike 140
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.16
Excerpt: ...connection with the prepayment agreement and sales agreements. Specifically, TrueCar alleges it loaned DealerSync $250,000 in connection with the prepayment agreement and $750,000 in connection with the sales agreement, and DealerSync affirmed its obligation to pay the $1 million balance in connection with the amended sales agreement in 2019. TrueCar filed its complaint on 3/15/21. b. Cross-Complaint On 6/01/21, DealerSync filed an answer to the ...
2021.11.16 Motion for Leave to Amend Answer 551
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.16
Excerpt: ...ion for Leave to Amend Answer Defendant moves to amend its answer to assert two additional affirmative defenses. Defendant contends relief is proper and necessary because it only recently discovered it failed to assert these defenses, and Plaintiff will not be prejudiced if it is permitted to assert them now. Plaintiff opposes the motion. She argues (a) the motion should be denied due to unwarranted delay, (b) the motion should be denied because ...
2021.11.16 Demurrer, Motion to Strike 415
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.16
Excerpt: ...lied Warranty of Habitability;  Statutory Breach of the Implied Warranty of Habitability;  Contractual and Tortious Breach of the Covenant of Quiet Enjoyment;  Nuisance;  IIED;  Negligence;  Violation of Civil Code §789.3;  Violation of Civil Code §1940.2;  Violation of Civil Code §1942.5;  Violation of CCP §1159;  Violation of BPC §17200, et seq.;  Violation of LAMC §151.04;  Negligent Hiring, Training, ...
2021.11.04 Motion to Vacate Default, Judgment 049
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.04
Excerpt: ... by Spain, she was employed by Postal Annex #79 (“Postal Annex”). Subsequently, based upon further investigation, Plaintiff added Charles Spain, Postal Annex and Andrew Hutchings as Defendants. The Defendants Charles Spain and Andrew Hutchings were identified as the individuals who impersonated Cossaboom as a means to obtain fraudulent loans. The Defendant Postal Annex was the employer of Fitzgerald, the notary, at the time she notarized the ...
2021.11.04 Motion for Summary Adjudication 238
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.04
Excerpt: ...ool locked the gate to prevent Plaintiff from leaving with the repossessed car. Thereafter, Murillo and McFadden ordered Plaintiff to leave the vehicle where it was, threatened Plaintiff, and unlawfully detained Plaintiff. Plaintiff filed his original complaint on 8/07/18. On 9/12/18, Defendants removed the case to federal district court. On 9/12/18, Plaintiff filed his First Amended Complaint. On 10/12/18, Defendants filed a motion to dismiss an...
2021.11.04 Demurrer 562
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.04
Excerpt: ...oes 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. 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, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the t...
2021.11.02 Demurrer 469
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.02
Excerpt: ...efendants about parking and use of a garage on the property, and (c) Heacock assaulted her in connection with one of these disputes. The FAC includes causes of action for:  Hostile Environment Harassment (all defendants);  Assault and Battery (Heacock);  Negligent Hiring and Retention (F&M);  General Negligence (all defendants);  IIED (all defendants). 1. Demurrer by Defendant, Heacock a. Legal Standard on Demurrer A demurrer is a ...
2021.11.02 Demurrer 066
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.02
Excerpt: ...nt, which Plaintiff filed on 3/17/18, was that Young and Hill were each 50% owners of Advanced Orthopedic Medical Group, Inc., which subsequently was amended to the name Long Beach Advanced Orthopedics Medical Center. In 2017, Plaintiff learned that Hill was diverting funds and failing to properly account for income. Hill filed a cross-complaint against Young in her individual capacity and also against Serena Young, M.D., a professional corporati...
2021.11.02 Motion for Summary Judgment, Adjudication 495
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.02
Excerpt: ...aint is that Plaintiff was romantically involved with Decedent, Deborah White (referred to herein as “Decedent”), who promised to give him a ½ interest in the parties' home in exchange for Plaintiff making payments toward the property and fixing up the property. However, during Plaintiff's relationship with Decedent, Decedent refinanced the property with her brother, John White (referred to herein as “Defendant”) as co-borrower, and at t...
2021.11.02 Motion to Compel Further Responses 210
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.02
Excerpt: ...swered the complaint and filed a cross-complaint against State Compensation Insurance Fund (“SCIF”) for breach of contract and tortious breach of the implied covenant of good faith and fair dealing. Alpine alleges it procured workers' compensation insurance policies from SCIF commencing in October of 2013, and paid premiums for all of the policies. It alleges SCIF mishandled, overpaid, and over-reserved one or more claims made under the subje...
2021.11.02 Motion to Compel Further Responses 261
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.11.02
Excerpt: ...ges that on 3/31/19, in exchange for valuable consideration, Plaintiff purchased a 2018 GMC Sierra 1500, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed electrical defects including a manufacturing brake light, freezing center radio screen and radio stations changing on their own, dead battery, dropped calls while using Bluetooth, and similar problems. Plaintiff took the vehicle to the ...
2021.10.28 Demurrer 618
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.28
Excerpt: ...ndants, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants ...
2021.10.28 Demurrer 205
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.28
Excerpt: ...r to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by her insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendant's insurance, but as of March of 2018, Plaintiffs understood Defendant's insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendant directly, but d...
2021.10.26 Demurrer 639
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.26
Excerpt: ...and 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 ...
2021.10.26 Demurrer 119
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.26
Excerpt: ...ciently pled. Plaintiff opposes the demurrer. It argues the alter ego allegations against Li are sufficient at the pleading stage. b. Legal 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 truthfulness of the complaint; and for purpose of the ...
2021.10.20 Motion for Summary Judgment, Adjudication 501
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.20
Excerpt: ...ation. Plaintiff alleges he retained Defendants to represent him in connection with an employment claim against the City of Long Beach. The trial court granted summary adjudication of all Plaintiff's claims except the FEHA retaliation claim. The matter went to jury trial in 2013 on the FEHA claim. The jury returned a verdict in favor of the City. Plaintiff then appealed the summary adjudication of the remaining claims, and the order was reversed....
2021.10.20 Demurrer 210
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.20
Excerpt: ...swered the complaint and filed a cross-complaint against State Compensation Insurance Fund (“SCIF”) for breach of contract and tortious breach of the implied covenant of good faith and fair dealing. Alpine alleges it procured workers' compensation insurance policies from SCIF commencing in October of 2013, and paid premiums for all of the policies. It alleges SCIF mishandled, overpaid, and over-reserved one or more claims made under the subje...
2021.10.19 Motion to Compel Further Responses 348
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.19
Excerpt: ...d sue largely for emotional distress suffered as a result of their father's/husband's serious injuries. Plaintiff alleges Defendant, Lear Corporation supplied the third row seat in which Justin was sitting at the time of the accident. 2. Motion to Compel Further Responses Plaintiffs propounded RPDs and special interrogatories on Lear. Lear responded. Plaintiffs believed the responses were deficient, and the parties met and conferred, with Lear pr...
2021.10.19 Motion to Compel Deposition 194
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.19
Excerpt: ...21, the Clerk entered Defendants' default. On 4/15/21, the Court granted Defendants' motion to vacate the default. 2. Motion to Compel Deposition a. Parties' Positions On 9/22/19, Defendants filed this motion to compel Plaintiff's deposition. Defendants contend Plaintiff has wrongfully sought to require a protective order as a condition to deposition. Defendants seek an order compelling Plaintiff's deposition and imposing sanctions. Plaintiff, in...
2021.10.19 Demurrer 050
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.19
Excerpt: ...s, all of which charged interest in excess of the legally permissible rate, and thereafter wrongfully commenced foreclosure proceedings on Plaintiff's property based on Plaintiff's breach of a secured loan. The case has a procedural history far too complex to reiterate in this ruling. Plaintiff's Second Amended Complaint included causes of action for usury and breach of the implied covenant of good faith and fair dealing. Plaintiff agreed to dism...
2021.10.12 Motion to Compel Physical Exams 069
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.12
Excerpt: ... and/or drove the motor vehicle(s) so as to cause injuries and damages to her. On January 31, 2020, Stocker filed her Complaint against Herber Melara, Roberto Porras, Monique Bell and Gerald Bell alleging two causes of action for Motor Vehicle and General Negligence. On March 16, 2021, a Good Faith Settlement Application was approved by the Court for the settlement reached between Stocker, Monique Bell, and Gerald Bell. On March 26, 2021, Monique...
2021.10.12 Motion to Deem RFAs Admitted 764
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.12
Excerpt: ...ant”) was distracted by the use of his cell phone, failed to stop, and collided with Plaintiff's vehicle, causing (1) injuries to Plaintiff's upper back, shoulder, neck; (2) pain and anxiety; (3) medical bills; and (4) loss of wages and contracts. On October 30, 2020, Plaintiff filed his Complaint for personal injury. On December 01, 2020, Plaintiff filed his First Amended Complaint alleging Negligence as the cause of action. On June 10, 2021, ...
2021.10.07 Motion to Tax Costs 949
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.07
Excerpt: ...e RV was defective in numerous respects. On 4/03/19, Plaintiffs named LA Discount TV Rental as Doe 1, Stuart Silver as Doe 2, and Wendy Everett as Doe 3. On 4/17/19, Plaintiffs named Isaiah Earl Boatwright as Doe 4 and Isaiah Earl Boatwright, Jr. as Doe 5. On 3/25/21, Plaintiffs dismissed Defendant, Stuart Silver without prejudice. 2. Motion to Tax Costs a. Memorandum of Costs On 4/01/21, Silver filed a memorandum of costs. In connection with the...
2021.10.07 Motion for Summary Judgment 337
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.07
Excerpt: ...aim for damages. 2. Motion for Summary Judgment a. Relief Sought Defendant seeks summary judgment on the complaint. In the alternative, it seeks summary adjudication of each cause of action in the compliant, as well as the prayer for punitive damages. b. Initial Note Opposition to the motion was due on or before 9/23/21. Plaintiffs filed the bulk of their opposition papers on 9/27/21. They also filed a corrected separate statement on 9/28/21. The...
2021.10.07 Demurrer 083
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.07
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 mon...
2021.10.05 Motion for Leave to File FAC 354
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.05
Excerpt: ...tly FACC) against various sub-contractor entities, all of which have filed cross-complaints against one another. The vast majority of the case has settled. The only Cross-Defendant who has not settled is B&G Sheet Metal, Inc. Maverick has assigned all of its claims against B&G to Gundry. Gundry is therefore prosecuting both its own claims against B&G and also Maverick's assigned claims against B&G. All other defendants and cross- defendants have ...
2021.10.05 Demurrer 551
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.10.05
Excerpt: ... the FAC prior to the hearing on the demurrer, which was therefore never ruled on by the Court. Plaintiff alleges Plaintiff and Defendant are brothers. Plaintiff alleges he provided substantial emotional and financial support to his brother while his brother was in medical school and residency, and ultimately Majtaba (Defendant) hired Matthew (Plaintiff) to run his medical practice, Friendly Care. Matthew sold his successful retail business to tr...
2021.09.30 Motion to Bifurcate 025
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.30
Excerpt: ...d in substantial construction at the property without permits and in violation of applicable building codes, such that AIP had to remediate the property with proper permits. 2. Motion to Bifurcate a. Procedural History Perez filed this motion on 9/08/21, setting it for hearing on 11/04/21. All parties attended a Case Management Conference on 9/09/21. The Court, at the parties' request, advanced the hearing date to 9/30/21 and ordered any oppositi...
2021.09.30 Demurrer 116
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.30
Excerpt: ...directors of EBH Topco, LLC, which owned and operated a nationwide chain of substance abuse treatment centers called “Elements Behavioral Health.” Defendants exploited a loophole in the Affordable Care Act pursuant to which health insurance companies were required to pay for virtually unlimited drug testing in connection with substance abuse treatment. Defendants tested persons unnecessarily, submitted giant bills to health insurance companie...
2021.09.28 Motion for Summary Judgment, Adjudication 757
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.28
Excerpt: ...The passengers on the bus became concerned, and Plaintiff approached Lee about the wrong turn. Lee became combative, and ultimately Lee elbowed Plaintiff in the stomach and forcefully shoved him back into his seat. As this occurred, other passengers were attempting to exit the bus through the windows, as Lee's behavior was so erratic and threatening as to cause them to fear continuing to ride on the bus. The complaint includes causes of action fo...
2021.09.28 Demurrer 828
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.28
Excerpt: ...mages arising out of the same automobile accident. Castania, et al.'s operative complaint is their FAC, filed on 1/08/21. Relevant to today's demurrer, the FAC includes causes of action for motor vehicle negligence and general negligence against EAN. Plaintiffs allege EAN owned a vehicle involved in the accident. Plaintiffs allege EAN “failed to confirm whether renter possessed a valid driver's license” and “failed to reasonably inquire or ...
2021.09.28 Demurrer 122
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.28
Excerpt: ...rt because of the ADA cause of action. Plaintiff dismissed the ADA cause of action, and the case was remanded back to the state court for further proceedings. Thus, the only cause of action remaining at issue is the cause of action for Violation of the Unruh Civil Rights Act. 2. Demurrer a. Parties' Positions Defendant demurs to the complaint, arguing (a) Plaintiff lacks standing to pursue his claims, (b) the website complies with the reservation...
2021.09.23 Motion for Summary Judgment 356
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.23
Excerpt: ...ious medical ailments. In 2016, he became a resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign pap...
2021.09.23 Motion for Stay of Proceedings 117
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.23
Excerpt: ...dant, and which alleges Bonita desired to purchase a truck from Vale and secured financing from Plaintiff; despite payment to Vale, Vale never delivered the subject truck to Bonita, and instead sold the vehicle to Feliciana Navarrete. On 9/01/20, Plaintiff dismissed Bonita and Santana from the complaint, leaving claims against Vale only. On 12/17/20, Vale filed a cross-complaint against Bonita Express, Inc., Hugo Santana, Fortia Enterprises, Inc....
2021.09.21 Motion to Expunge Lis Pendens 469
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2021.09.21
Excerpt: ...he property solely in Defendant's name, but in “Trust” for the benefit of both parties. She alleges the parties' trust agreement provided for Plaintiff to pay the $50,000 good faith deposit and $141,000 toward the down payment, while Defendant contributed $151,000 “towards the purchase” (with no indication of whether it was deposit, down payment or otherwise). She alleges the parties agreed the house would be in Defendant's name only beca...

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