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1254 Results

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2023.01.23 Petition to Compel Arbitration 852
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.23
Excerpt: ...an order to compel Defendant to arbitrate this action before “any other arbitration forum other than AAA or a specific arbitrator and to promptly pay all arbitration fees as they become due.” Once the Court orders an arbitration and stays the case, “the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration.” (Brock v. Kaiser Foundation Hosp...
2023.01.23 Motion for Terminating Sanctions, to Deem RFAs Admitted, OSC Re Dismissal 539
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.23
Excerpt: ...d a motion to compel Plaintiff's responses to Requests for Production of Documents (“RPDs”), Form Interrogatories (“FROGs”), and Special Interrogatories (“SROG”). The Court granted the motion on May 12, 2022, and ordered Plaintiff to provide responses to this discovery. The Court also ordered Plaintiff and Plaintiff's counsel, jointly and severally, to pay sanctions in the amount of $882.50. (See Court's Minute Order, dated May 12, 20...
2023.01.23 Motion for Summary Judgment 254
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.23
Excerpt: ...fare and Institutions Code section 14009.5. In brief, Plaintiff alleges as follows: Barbara Harris, also known as Barbara Jean Harris, died on or about January 14, 2016, while in possession of real and personal property with an approximate value of $537,339. (Complaint, ¶¶ 3, 20, 23.) The Department of Health Care Services (the “Department”) paid for Ms. Harris's healthcare through Medi- Cal. (Complaint, ¶ 20.) Specifically, the Department...
2023.01.20 Motion for Summary Judgment, to Compel Deposition 653
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.20
Excerpt: ...deration”) for $52,800,000. (Third Amended Complaint, ¶ 74.) Plaintiff further alleges that Plaintiff would provide $1,500,000 to Global Meat Federation as working capital while the parties completed the proposed transaction. (Third Amended Complaint, ¶¶ 77-78.) Plaintiff alleges that he terminated the proposed purchase, and requested the return of the $1,500,000. (Third Amended Complaint, ¶ 86.) Plaintiff alleges that Global Meat Federatio...
2023.01.19 Motion to Restore Case to Active Docket 760
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.19
Excerpt: ...led this action, asserting causes of action for discrimination, harassment, retaliation, and intentional/negligent infliction of emotional distress, as well as a failure to pay statutorily mandated wages, among other claims. Plaintiff signed an arbitration agreement when she was hired by USC. Therefore, Defendants moves to compel arbitration, which Plaintiff opposed. The Court held a hearing on April 29, 2022, following which the Court took the m...
2023.01.19 Demurrer 441
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.19
Excerpt: ...ratory relief. Plaintiffs allege that Defendants, who are Plaintiff Juan Ligutom's parents, agreed to help them purchase a house. Plaintiffs allege that Defendants “orally agreed to help by qualifying for financing, temporarily holding title, and transferring title to [Plaintiffs] after they were able to qualify for financing on their own.” (Complaint, ¶ 11.) Plaintiffs allege that they “would locate the home, negotiate the purchase, and m...
2023.01.06 Demurrer, Motion to Strike 315
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.06
Excerpt: ...e portions of the operative complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not ...
2023.01.05 Motions in Limine 005
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.01.05
Excerpt: ... Plaintiff drunk alcohol on the night of the incident, as she admitted to doing so during her deposition. (See Declaration of Lauren B. Fazio, Exh. B, pp. 123:3-8, 124:11-17, 125:1-10.) Therefore, evidence that Plaintiff purchased alcohol is not relevant impeachment evidence, i.e., if she had denied drinking alcohol. Assuming Plaintiff does not deny consuming alcohol on the night of the incident, the Court grants the motion. There is no probative...
2022.12.14 Motion to Compel Further Responses, to Deem RFAs Admitted 123
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.14
Excerpt: ...has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed to have possession, custody or control of the document. Millinium failed to comply with this section. First, Millinium does not make clear whether the documents “have never been in the ...
2022.12.08 Motion for Leave to Intervene, to Approve PAGA Settlement 666
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.08
Excerpt: ...“Intervenors”) filed their own action against Defendants on May 15, 2022: Noel Van Wagner, et al. v. Westlake Properties, Inc., et al., Case No. 22STCV16191. Previously, the Court found that the two cases are not related. Now, the Intervenors seek leave to file a complaint-in-intervention in the instant case. Plaintiffs filed the instant PAGA claim on behalf of themselves and other current or former employees based upon Defendants' alleged wa...
2022.12.08 Demurrer 694
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.08
Excerpt: ...aintiffs paid Defendant Global a total of $30,000 for the purported loan modification. However, in March 2010, Defendant Laura Ngocdiep Mai, also known as Jacqueline Mai (“Defendant Mai”) forged a quit claim deed transferring the property. The quit claim deed was notarized by Defendant Sandy Lorraine Alvarez-Molina (“Defendant Alvarez-Molina”). Based upon these allegations, Plaintiffs assert causes of action for fraud, fraudulent conveyan...
2022.12.07 Motion for Determination of Good Faith Settlement 235
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.07
Excerpt: ...intiffs and moves for a determination that the settlement was reached in good faith. Defendant also seeks to redact and seal the amount of the settlement. The Court previously ruled that Defendant may redact the amount of the settlement. (See Court's Minute Order, dated October 25, 2022.) Although the settlement amount is confidential, Defendant has apprised the Court and the other parties of the amount of the settlement, so the Court can hear th...
2022.12.07 Motion to Quash 960
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.07
Excerpt: ...epwater, Inc. (“Deepwater”) and HM&R, LLC (“HM&R”)—allegedly involved in a scheme to defraud DecisionQuest and its clients. Several of these defendants—Anthony, Cobo, Khoshnoud, and HM&R, as well as DecisionQuest Holdings, Inc. (collectively, the “Cross-Complainants”) filed a cross-complaint against Legal Support and another entity, Abry Partners, LLC (“Abry Partners”) (collectively, the “Cross-Defendants”). Legal Support ...
2022.12.06 Demurrer 799
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.06
Excerpt: ...e with prospective economic advantage. Now, Defendant demurs to all causes of action, which Plaintiff opposes. The Court sustains the demurrer to the first cause of action with leave to amend and overrules the demurrer with respect to the remaining causes of action. PLAINTIFF'S ALLEGATIONS Defendant is an attorney, and Plaintiffs hired him to serve as counsel to advise them on assembling certain parcels of property in the Koreatown area of Los An...
2022.12.05 Motion to Compel Further Responses 634
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.05
Excerpt: ... the propounding party may move to compel further responses. (Code Civ. Proc., § 2031.310.) However, the propounding party must file a motion to compel further responses within 45 days after the responding party served verified responses, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2031.310, subd. (c).) The Court cannot consider an untimely motion to compel further responses. (Vidal Sassoon, Inc. v. Superior Cour...
2022.11.29 Motion to Compel Arbitration 490
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.29
Excerpt: ...o compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion,...
2022.11.28 Motion to Strike 009
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.28
Excerpt: ... plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) Per Civil Code section 3294, a plaintiff must allege that the defendant has been guilty of oppression, fraud or malice. (Civ. Code, § 3294, subd. (a).) “Malice is defined in the statute as conduct intended by the defendant to cause injury to the plaintiff or despicable conduct ...
2022.11.23 Motion to Compel Further Responses 376
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.23
Excerpt: ...ve order. A. Background Plaintiff Ellen Pittleman and her company, Hybrid Entertainment, Inc. (collectively, “Pittleman”) filed a complaint against Mauro Spina and his company, Spina Organics, LLC (collectively, “Spina”), and Spina filed a cross-complaint against Pittleman. Allegedly, Spina hired Pittleman to update Spina's website and assist Spina with its social media presence. Pittleman alleges that she is owed $177,000 for her work. S...
2022.11.23 Motion to Compel Deposition 444
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.23
Excerpt: ...e motion, which is granted. PROCEDURAL HISTORY Plaintiff filed this complaint on February 24, 2021. On September 11, 2022, Defendant's counsel, Mark L. Share sent an email to Plaintiff's counsel, Michael Yellin inquiring on what dates Plaintiff would be available for her deposition. (Declaration of Mark L. Share, Exh. A.) Yellin responded the next day: “I will check with my client, and get back to you.” (Ibid.) Two weeks passed, and on Septem...
2022.11.22 OSC Re Dismissal 024
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.22
Excerpt: ...rance system, she may contact the Court's clerk, Roberto Mendoza, at (213) 633-1059. Plaintiff Sara Samourian (“Plaintiff”), by and through counsel, filed a complaint under the Song- Beverly Consumer Warranty Act against Defendant FCA US LLC (“Defendant”) on June 7, 2019. On August 9, 2021, Plaintiff's counsel and Plaintiff filed a “Substitution of Attorney” form indicating that Plaintiff would be representing herself in this action. ...
2022.11.21 Motions in Limine 752
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.21
Excerpt: ...n), and (4) fraud (concealment). Defendant demurred to the second, third, and fourth causes of action and moved to strike the prayer for punitive damages. On April 14, 2021, the Court sustained the demurrer to the second cause of action without leave to amend, and sustained the demurrer to the third and fourth causes of action with leave to amend. The Court also granted the motion to strike the prayer for punitive damages with leave to amend. Pla...
2022.11.21 Motion to Compel Deposition 444
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.21
Excerpt: ...he parties to meet-and-confer concerning a potential date for Plaintiff's deposition. (See Court's Minute Order, dated October 14, 2022.) On October 28, 2022, Plaintiff's counsel sent a letter to Defendants' counsel offering the following dates for a deposition: (1) November 17, 2022; (2) December 1, 2022; and (3) December 15, 2022. (See Declaration of Michael M. Yellin, Exh. E.) The parties have agreed to conduct the deposition on December 1, 20...
2022.11.21 Motion for Summary Judgment 772
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.21
Excerpt: ...eriences difficulty appearing remotely, he may contact the Court's clerk, Roberto Mendoza, at (213) 633-0159 for assistance. BACKGROUND Plaintiff Daphne Yadegar (“Plaintiff”) filed this action against American Family Connect Property and Casualty Insurance Company (“American Family”), among others, asserting causes of action for breach of the implied covenant of good faith and fair dealing, fraud, intentional misrepresentation, and neglig...
2022.11.17 Motion to Compel Further Responses 634
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.17
Excerpt: ..., the propounding party may move to compel further responses. (Code Civ. Proc., § 2031.310.) However, the propounding party must file a motion to compel further responses within 45 days after the responding party served verified responses, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2031.310, subd. (c).) The Court cannot consider an untimely motion to compel further responses. (Vidal Sassoon, Inc. v. Superior Cou...
2022.11.17 Motion to Compel Further Responses 528
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.11.17
Excerpt: ... the pending motions. The Court authorizes remote appearances. If Defendant wishes to appear remotely but is experiencing difficulty, she may contact the Court's clerk, Roberto Mendoza, at (213) 633-0159 for assistance. Plaintiff Jonathan Hemphill (“Plaintiff”) moves to compel responses from Defendant Andrea Riser- Zanders (“Defendant”) to: (1) Special Interrogatories, Set One (“SROG”), (2) Form Interrogatories (“FROG”), and (3) R...

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