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20212.14 Motion for New Trial and Judgment Notwithstanding the Verdict 510
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 20212.14
Excerpt: ...ase proceeded to trial against the City, as well as Officer Eric Anderson (who is Plaintiff's uncle) and Sergeant Robert Bechtol. The jury found in favor of Defendants on the civil rights claim and the battery claim. The jury found in favor of Plaintiff against Sergeant Robert Bechtol and the City on the negligence claim and awarded him a total of $3.75 million in past and future non-economic losses. The Court also asked the jury to determine the...
2022.05.04 Demurrer, Motion to Strike 216
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.04
Excerpt: ...ailed to cover Plaintiff's property losses. As a result, Plaintiff asserts the following causes of action against Defendant: Seventh – Intentional Misrepresentation/Insurance Fraud Eighth – Breach of the Implied Covenant of Good Faith and Fair Dealiner Ninth – Breach of Contract Tenth – Bad Faith/Failure to Properly Investigate a Claim Now, Defendant demurs to these causes of action and moves to strike the prayer for punitive damages and ...
2022.05.03 Motion for Attorney Fees 930
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.03
Excerpt: ...las Mastroianni (“Plaintiff”), a disbarred attorney, filed this action to collect a judgment for attorneys' fees and costs his then clients obtained in Case Number BC546751. Plaintiff represented Bright Child Oak Park L.P. (“Bright Child”) and its managing partner, Jamie Riese (“Riese”) in Case Number BC546751. (First Amended Complaint, ¶¶ 1, 2, 16.) At the conclusion of Case Number BC546751, Bright Child and Riese were attorneys' f...
2022.05.03 Motion to Enforce Court Order or to Compel Further Responses 314
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.03
Excerpt: ...Cannaco's computer system in violation of the California Comprehensive Computer Data Access and Fraud Act, Penal Code section 502. Cannaco also alleges that Militello interfered with Cannaco's use of its physical facilities and computer system, which constitutes a breach of fiduciary duty. On April 8, 2021, Plaintiff filed a ex parte application for a temporary restraining order preventing Defendant from accessing its Google Workspace, commonly k...
2022.05.02 Motion for Determination of Good Faith Settlement 935
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.02
Excerpt: ...cedent”) in a motor vehicle collision. Plaintiffs have agreed to accept Defendant Moore's settlement offer of $1 million. Defendant moves for determination of good faith settlement, and Defendant Velazquez opposes the motion. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech‐Bilt factors are: (1) a rough ...
2022.04.27 Motion in Limine 295
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.27
Excerpt: ...preclude the testimony of Plaintiff's expert witness, Dr. Jacqueline Nolan, arguing that Plaintiff indicated during discovery that she did not seek medical treatment for any alleged injuries. The Court held a hearing on this motion on April 25, 2022, following which it continued the hearing to April 27, 2022. Plaintiff did not disclose relevant information in her discovery responses. Specifically, Form Interrogatory (Employment) 212.4 asked wheth...
2022.04.26 Demurrer 405
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.26
Excerpt: ...Plaintiff and Defendant. Cardenas alleges as follows: Cardenas received the subject property by way of a gift jointly with a friend, Marcello Telles (“Telles”). (Complaint-in-Intervention, ¶ 6.) In or about 2008, Telles conveyed his interest in the subject property to Cardenas. (Id., ¶ 9.) In 2010, Cardenas needed money, so she borrowed money from her friends, Agustin and Maria Lozano (the “Lozanos”), and gave them title to secure the l...
2022.04.20 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.20
Excerpt: ...e that the Court intends to sustain the demurrer without leave to amend unless Plaintiff's counsel can articulate facts suggesting that an amendment would be successful. Plaintiff Raul Orellana and Leslie A. Orellana (collectively, “Plaintiffs”) filed this action under the Song-Beverly Consumer Warranty Act asserting a cause of action for fraud by omission. Defendant demurs to this case of action and moves to strike the prayer for punitive da...
2022.04.19 Motion to Compel Arbitration 338
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.19
Excerpt: ...as hired by his former employer to serve as its Chief Commercial Officer. (First Amended Complaint, ¶ 11.) Pursuant to the terms of his employment, Plaintiff would receive a base annual salary, bonus, benefits, and stock options. (Ibid.) During his employment, Plaintiff discovered fraudulent and discriminatory conduct, and violations of law, by his employer. (Id., ¶ 12.) Plaintiff complained to his superiors to no avail. (Ibid.) Plaintiff also ...
2022.04.19 Demurrer, Motion to Strike 923
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.19
Excerpt: ...remediate mold in a residential unit they rented from Defendant. Now, Defendant demurs to the following causes of action: Fourth – Violation of Los Angeles Municipal Code sections 152.01 and 152.06 Fifth – Violation of the Tenant Habitability Program of the City of Los Angeles Sixth – Violation of the Los Angeles Municipal Code section 49.99.2 Seventh – Wrongful eviction Eighth – Retaliation Tenth – Intentional infliction of emotional...
2022.04.18 Motion for Attorney Fees, OSC Re Dismissal 455
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.18
Excerpt: ...hall submit to entry of the Court's tentative order or any other order the Court issues on the pending matters. TENTATIVE ORDER Plaintiff Joseph P. Gauthier (“Plaintiff”) filed a complaint-in-interpleader naming Edward L. Gauthier, Jr. (“Edward Gauthier”) and the Keystone Law Group (“Keystone”) as defendants. Plaintiff alleges that a fee dispute has arisen between Edward Gauthier and his then-counsel, Keystone, concerning a probate pr...
2022.04.14 Application for Admission Pro Hac Vice, Demurrer 583
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.14
Excerpt: ...“Promed”), and Navid Zad (collectively, “Defendants”) asserting 23 causes of action for employment- based claims, discrimination and sexual harassment, defamation and trade libel, intentional infliction of emotional distress, conversion, interference with existing and prospective contractual relationships, and unfair competition. Defendants demur to the following causes of action: Second – Failure to pay overtime wages Third – Failure...
2022.04.13 Demurrer 867
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.13
Excerpt: ...ed all of his separate property interest in a real property to his wife, Defendant. (Complaint, ¶ 2 & Exh. B.) The Decedent's signature was forged on the quit claim deed. (Complaint, ¶ 4.) Probate was opened on September 27, 2018. (Complaint, ¶ 3 & Exh. C.) Defendant evicted Plaintiff from the property, rendering her homeless. (Complaint, ¶¶ 7- 11.) Plaintiff alleges that she did not receive notice of the probate proceedings and thus failed ...
2022.04.12 Motion to Compel Arbitration 538
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.12
Excerpt: ...erwise . . . between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (Declaration of Aman Abrah...
2022.04.12 Demurrer, Motion to Strike 755
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.12
Excerpt: ... Dealing 6. Tortious Breach of Implied Covenant of Good Faith and Fair Dealing 7. Promise Made without Intent to Perform 8. Intentional Misrepresentation Defendants demur to every cause of action and move to strike the prayer for punitive damages and related allegations. PLAINTIFF'S ALLEGATIONS In or about June 2020, Plaintiff had an idea to start a sober living facility as a corporate venture. (Complaint, ¶ 9.) Plaintiff called a meeting of thr...
2022.04.11 Motion for Summary Judgment 445
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.11
Excerpt: ...the premises. (Ibid.) Richard Dabbs then remembered that he had left the back patio door to his unit unlocked, so he climbed the fence surrounding the premises. (Id., ¶ 21.) Defendant Virgil Charles Davis (“Defendant Davis”), a security guard who worked for Defendant Metropole Security Services, Inc. (“Metropole”), saw Richard Dabbs climb the fence. (Id., ¶ 23.) Defendant Davis knew that Richard Dabbs was a resident of the premises. (Ib...
2022.04.08 Motion for Leave to File Complaint 771
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.08
Excerpt: ...Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts ...
2022.04.08 Motion for Reconsideration, for Summary Judgment 051
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.08
Excerpt: ...ed as a temporary employee at Wavestream, but he was not hired permanently by Wavestream and eventually was terminated by Express Services. Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the Department of Fair Employment and Housing and received a right-to-sue letter against “Express Employment Professionals.” Express Services filed a motion for summary judgment arguing, among other things, that Plaint...
2022.04.06 Demurrers, Motions to Strike 580
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.06
Excerpt: ...uccessful basis to amend the complaint, the Court may change this tentative order to deny leave to amend, thereby dismissing this case with prejudice. The parties may appear remotely or in- person. TENTATIVE ORDER INTRODUCTION Plaintiff Elizabeth Harandi (“Plaintiff”) filed this action against Farshad Harandi (“Defendant Harandi”), Rodeo Realty, Inc. (“Rodeo Realty”) and Malibu Escrow Company (“Malibu Escrow”) asserting causes of ...
2022.03.25 Demurrer, Motion to Set Aside Default, OSC Re Tolling of Five-Year Date 157
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.25
Excerpt: ...nt. Kabilakfas filed a cross-complaint against Romana Cias, Edgar Carranza, and Bank of America. Bank of America demurred to the cross-complaint, and the Court sustained the demurrer on January 10, 2022. The Court did not believe Kabilakfas could resolve the issues and successfully amend the cross-complaint. (See Court's Minute Order, dated January 10, 2022, p. 2.) Nevertheless, the Court afforded Kabilakfas leave to amend because he represented ...
2022.03.21 Motion for Attorney Fees 624
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.21
Excerpt: ...3,500 in connection with the instant motion. Plaintiff filed this action on March 12, 2019. Defendant filed a motion for judgment on the pleadings, which was granted on February 24, 2020. Plaintiff filed a motion to compel further discovery responses on March 6, 2020, which was granted in part. Defendant filed a motion for a protective order on January 11, 2021, and the Court held a hearing on March 2, 2021. The Court found: The Court has reviewe...
2022.03.18 Motions in Limine 758
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.18
Excerpt: ...ay testify as percipient witnesses concerning the firm's services and billing. Permissible topics would include: (1) For what purpose they hired the firm and whether the firm failed to perform those tasks; (2) Whether they were satisfied with the firm's performance and, if not, why not; (3) What advice the firm provided; and (4) What billing arrangement they had with the firm and whether the firm honored that arrangement. Zvik and Yavor may not t...
2022.03.17 Motion to Find Waiver of Attorney-Client Privilege 758
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.17
Excerpt: ...Defendants seek an order finding that Nicki Zvik and Shay Yavor waived the attorney-client privilege with respect to Green Solar's former general counsel, Thomas Miletic, Esq. The Court denies the motion. PLAINTIFFS' ALLEGATIONS On or about December 3, 2015, Plaintiffs hired McElfish and MLF to represent them in Lunger v. Zvik, et al., Case No. BC524165 (hereinafter, the “Lunger case”). (Complaint, ¶ 9.) Lunger hired Plaintiffs to perform ce...
2022.03.11 Demurrers, Motions to Strike 580
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.11
Excerpt: ...emotional distress. Plaintiff asserts a separate cause of action for punitive damages. Now, Rodeo Realty and Malibu Escrow demur to the complaint and move to strike the prayer for punitive damages and related allegations. Plaintiff does not oppose the motions. The Court sustains the demurrers without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant Harrandi dissolved their marriage. (First Amended Complaint, ¶ 7.) The principal as...
2022.03.10 Motion to Compel Further Responses 718
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.10
Excerpt: ...alleges as follows: Plaintiff owns the premises located at 9071 Santa Monica Boulevard in Los Angeles, California. Defendant Chutter is the lessee under a lease which originated in 1963. The lease was amended multiple times, extending the lease for five years with an option to renew. However, the most recent amendment, signed on October 21, 2017, extended the lease for 46 years and did not include any provisions for rent increases for a 30-year p...
2022.03.10 Demurrer 929
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.10
Excerpt: ...s: A. First Cause of Action Plaintiff's first cause of action is for quiet title. Code of Civil Procedure section 761.020 provides that a complaint for quiet title shall be verified and include: (1) a description of the property that is the subject of the action, including both the legal description and its street address or common designation if the subject property is real property; (2) the plaintiff's title as to which determination is sought ...
2022.03.09 Demurrer 393
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.09
Excerpt: ...of action. On November 2, 2021, the Court sustained Defendants' demurrer with leave to amend. Plaintiff filed a second amended complaint on December 2, 2021, asserting the following causes of action: (1) Breach of contract, (2) Breach of the covenant of good faith and fair dealing, (3) Accounting, (4) Intentional misrepresentation, (5) Negligent misrepresentation, (6) Wrongful foreclosure, (7) Recission, and (8) Violation of the California Homeow...
2022.03.08 Motion to Compel, Demurrer 235
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.08
Excerpt: ... motor vehicle collision. Plaintiffs issued a subpoena duces tecum to the California Highway Patrol (the “CHP”), which is not a party in this action, seeking all notes, interviews, photographs, reports, correspondence, and citations concerning the collision, as well as call records to CalTrans and dash camera and body camera footage. The CHP opposes the motion. Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the att...
2022.03.08 Special Motion to Strike, for Order Seeking Discharge of Liability 455
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.08
Excerpt: ...eeding. Plaintiff has deposited the sum of $48,025.77, which he believes is the amount in dispute. The procedural history of this case is as follows: This action was filed on July 26, 2021. On September 22, 2021, Defendant filed a cross-complaint as a self-represented party. On November 12, 2021, Defendant filed a request to continue the case management conference, which the Court granted. On November 15, 2021, Plaintiff filed a motion to strike....
2022.03.01 Motion to Compel Mental Exam 369
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.03.01
Excerpt: ...the undercarriage with the motor running. Bulk filed a cross-complaint for indemnity, contribution, and declaratory relief against Roper Pump Company (“Roper”), following which Plaintiff added Roper, as well as Ranger, Inc. (“Ranger”), as Doe defendants. Plaintiff also added J&R Fleet Services, LLC (“J&R”) as a Doe defendant. The remaining defendants move to compel a mental examination of Plaintiff. The Court previously ruled: “Defe...
2022.02.23 Motions for Summary Judgment 051
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.23
Excerpt: ...ployee at Wavestream, but he was not hired permanently by Wavestream and eventually was terminated by Express Services. Plaintiff then filed this action. Plaintiff settled his case against Wavestream, leaving only Express Services and Woods. Now, these defendants move for summary judgment, which Plaintiff opposes. The motion is denied. PROCEDURAL HISTORY Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the D...
2022.02.23 Motion to Compel Arbitration 760
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.23
Excerpt: ....) Plaintiff then filed 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. (Declaration of Frances Clairmont, Exh. B.) Now, Defendants move to compel arbitration pursuant to Plaintiff's agreement with USC. Plain...
2022.02.22 Motion to Compel Arbitration 057
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.22
Excerpt: ...compel arbitration with respect to the claims asserted by Jackelyn Valle and Irma Fragoso. The moving party on a motion to 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 ...
2022.02.22 Demurrer 627
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.22
Excerpt: ...aint, which Plaintiff opposes. The demurrer is sustained without leave to amend. PLAINTIFF'S FACTUAL ALLEGATIONS In 2006, Defendants Jamali and Loftimoghaddas borrowed $3 million from Washington Mutual Bank (“WaMu”). (First Amended Complaint, ¶ 11.) As security for the loan, they pledged two properties: (1) A property located at 9129 Robin Drive in Los Angeles, California (the “Robin property”), and (2) A property located at 1401 Queens ...
2022.02.18 OSC Re Sanctions 447
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.18
Excerpt: ...d approximately three months before trial, Defendant filed a motion to continue the trial date. Defendant sought a trial continuance because of Rosalinda Roy, M.D., the Chief Executive Officer and a lay witness. Dr. Roy provided a declaration stating that she was unable to attend trial as she is “out of the country from January 2022 till mid-way through March 2022,” and that her time out of the country was “unavoidable.” The Court denied ...
2022.02.18 Motion for Summary Judgment 281
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.18
Excerpt: ...iscrimination and retaliation based on association with member of a protected class, (3) Wrongful termination in violation of public policy, and (4) Intentional infliction of emotional distress (“IID”). Defendants argue that the first three causes of action fail because they rely on Plaintiff's claim that she experienced retaliation and discrimination for providing testimony against a third-party employer, not Defendants. Defendants argue tha...
2022.02.17 Motion for Summary Adjudication 717
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.17
Excerpt: ...2940(a) 3. Equal pay violation per Government Code section 1197.5 4. Retaliation per Government Code section 12940(h) 5. Retaliation per Labor Code section 98.6 6. Retaliation per Labor Code section 1102.5 7. Failure to prevent discrimination/harassment per Government Code section 12940(k) Defendant moves for summary judgment on the grounds that “Plaintiff's entire complaint against Defendant is barred by the doctrine of unclear hands.” In th...
2022.02.17 Demurrer 292
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.17
Excerpt: ...nt Lee”), Hyung Sook Han (“Defendant Han”), and Sirudang, Inc. (collectively, “Defendants”), which is Case Number 21STCV29292. In the latter case, Plaintiff asserts the following causes of action: (1) Failure to pay earned wages, (2) Failure to pay overtime wages, (3) Failure to provide meal periods, (4) Failure to provide rest periods, (5) Failure to furnish accurate wage statements, (6) Sexual harassment, (7) Failure to pay earned wag...
2022.02.10 Motion for Summary Judgment 024
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.10
Excerpt: ...), as well as a claim for negligent repair. Defendants now move for summary judgment, which Plaintiffs oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find th...
2022.02.10 Motion to Compel Deposition of PMK 642
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.10
Excerpt: ...es as follows: Defendants were developing a property and hired Allied Nationwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se. The Trust, MCRT, and MCREF (coll...
2022.02.04 Application to File FAC, for TRO 594
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.04
Excerpt: ...Plaintiff alleges that Defendants unlawfully disclosed his medical information and then terminated him in violation of the law. Plaintiff owns 808,427 shares of common stock of Defendant TigerConnect, which were worth $1.81 per share as of August 2021. However, there is a potential corporate transaction pursuant to which the outstanding shares may be purchased for $7 to $8 per share. Plaintiff alleges that Defendants “threatened that if [he] re...
2022.02.03 Demurrer 582
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.03
Excerpt: ...tractors to make certain improvements to his home, specifically to build/restore three walls. Plaintiff alleges that the contractors told him that permits were not required, but they were mistaken. Plaintiff alleges that a neighbor complained to the City, who issued a stop-work order, and he has been damaged as a result. The contractors filed a cross-complaint against Plaintiff, as well as Ryan Meza asserting the following causes of action: 1. Co...
2022.02.03 Application to Continue Trial, Motion to Compel Further Responses 369
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.02.03
Excerpt: ...f his truck while he was working on a pump on the undercarriage with the motor running. Bulk filed a cross-complaint for indemnity, contribution, and declaratory relief against Roper Pump Company (“Roper”), following which Plaintiff added Roper, as well as Ranger, Inc. (“Ranger”), as Doe defendants. Plaintiff also added J&R Fleet Services, LLC (“J&R”) as a Doe defendant. Now, Plaintiff moves ex parte to continue the trial date and all...
2022.01.28 Motion to Compel Arbitration 802
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.28
Excerpt: ...ia Labor Code section 2698, et seq.; (2) Failure to reimburse for business expenses under California Labor Code section 2802; (3) Failure to pay minimum wage under California Labor Code sections 1194 and 1197; (4) Failure to pay overtime under California Labor Code sections 1194, 1198, 510, and 554; and (5) Unlawful and/or unfair business practices under California Business and Professions Code section 17200, et seq. Plaintiffs were “shoppers�...
2022.01.27 Motion for Leave to File Amended Complaint 051
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.27
Excerpt: ...om discrimination and/or retaliation, (4) Retaliation in violation of FEHA, (5) Wrongful termination in violation of public policy, (6) Failure to re-hire on account of age, and (7) Defamation. Plaintiff alleges that he exhausted his administrative remedies by receiving “right-to-sue” notices from the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. Defendants Express Services, Inc. (“Exp...
2022.01.25 Motion to Compel Records, Further Responses 233
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.25
Excerpt: ...leging racial discrimination. Plaintiff alleges that she visited Defendant's coffee shop on or about April 14, 2019, “[a]t some point after 9:00 a.m.” (Complaint, ¶ 9.) Plaintiff, who is African- American, alleges that she was waiting for her mother at a Coffee Bean coffee shop when a Caucasian employee said, “If you are not going to order, you have to leave” because he “needed the space for paying customers.” (Complaint, ¶¶ 10, 12...
2022.01.20 Motion to Compel Arbitration 666
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.20
Excerpt: ... “the Employer Defendants”), as well as Jorge Chavez (collectively, “Defendants”). The complaint contains 20 causes of action. Plaintiffs Castillo/Maldonado assert the first 11 causes of action (collectively, “the tort claims”) as follows: 1. Discrimination against the Employer Defendants 2. Harassment against all defendants 3. Retaliation against the Employer Defendants 4. Failure to prevent discrimination, harassment, and retaliatio...
2022.01.14 Motion to Compel Deposition, Production of Docs 386
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.14
Excerpt: ..., a wholesale food market. (Third Amended Complaint, ¶¶ 10-11.) Plaintiff alleges the following ownership interest: Plaintiff: 49% Norman Silverman: 36% Eric Silverman: 7.5% David Zander: 7.5% (Id., ¶ 11.) On February 1, 2017, Plaintiff and the Silvermans removed Zander as an officer and director due to alleged breaches of fiduciary duty and embezzlement. (Id., ¶ 11.) Zander filed a civil action against GLATT and Norman Silverman, which was c...
2022.01.14 Demurrer, Motion to Strike 899
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.14
Excerpt: ...hi (“Plaintiff”), a self-represented litigant, filed this action against his former attorney, Corey Evan Parker (“Defendant”). Plaintiff alleges that he retained Defendant to appeal an adverse judgment in an unlawful detainer case against Howard and Jean Rosenfeld. Plaintiff alleges that Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a r...
2022.01.14 Demurrer 381
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.14
Excerpt: ...issory note in the amount of $1,759,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co- debtor and guarantor. On September 8, 2020, Now Solutions and VCS filed a motion for leave to file a cross- complaint. On December 18, 2020, the Court (Aenlle-Rocha, J.) granted the motion, and the cross- complaint was filed on December 22, 2021. Lakeshore filed a demurrer and motion to strike the demurrer on February 10, ...
2022.01.13 Demurrer, Motion to Strike 755
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.13
Excerpt: ... prayer for punitive damages. Plaintiff's third cause of action is for negligent repair. In support of the cause of action for negligent repair, Plaintiff alleges that Defendant failed to competently perform repairs on Plaintiff's vehicle. (Complaint, ¶¶ 69-72.) For pleading purposes, these allegations suffice. There is not requirement for Plaintiff to plead negligence with particularity. (See Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527.) ...
2022.01.13 Motion for Summary Judgment 692
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.13
Excerpt: ...the motion. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standa...
2022.01.12 OSC Re Dismissal 897
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.12
Excerpt: ...ncement of 1.35, for an additional $32,966.60; (3) Costs in the amount of $7,735005, and (4) An additional $3,500 in attorney's fees concerning the litigation for this motion. LEGAL STANDARD The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent‐A‐Car Co. (2000) 79 Cal. App. 4th 1127, 1134.) The burden is on the party...
2022.01.12 Motion to Enforce Court Order, to Compel Responses 326
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.12
Excerpt: ...s required. Hyon and Sung Taek Lim filed a cross-complaint alleging that Kingsley violated the Los Angeles Rent Stabilization Ordinance. Hyon and Lim also asserted causes of action for negligence, negligent and intentional infliction of emotional distress, housing discrimination, and elder abuse. On August 19, 2021, the Court granted a motion by Kingsley seeking relief from waiver of privilege and objections, per Code of Civil Procedure sections ...
2022.01.12 Demurrer 935
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.12
Excerpt: ...n of written instrument under Civil Code section 3412, quiet title, declaratory relief, and accounting. Plaintiff Lorraine Rougeau alleges that she is the sister of the decedent, Dave Stephney, and is the successor trustee to his trust. Plaintiff Thelma Pamplin alleges that she also is a sister of Dave Stephney and a beneficiary of his trust. Plaintiffs allege as follows: Dave Stephney passed away on March 22, 2008. Stephney owned real property t...
2022.01.11 Motion to Compel Compliance with Court Order, for Sanctions 872
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.11
Excerpt: ...notice of motion, Plaintiff seeks an order compelling Defendant to produce certain documents, and seeks monetary sanctions in the amount of $2,497.50. Plaintiff alleges that he has not received “the Warranty Claims Data” and the “Repurchase/Replacement List of the vehicle.” (Declaration Matthew B. Roberts, ¶¶ 10- 11.) Plaintiff predicates this motion on Code of Civil Procedure section 2031.320. Section 2031.320 permits the Court to comp...
2022.01.07 Motion to Compel Further Discovery Responses, for Protective Order 987
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.07
Excerpt: ...ant SLA Architects, Inc., which is the successor to Simon Lee & Associates, Inc. (“Defendant”), among others. Plaintiffs allege as follows: Defendant was the architect on Plaintiff's project to demolish an old, one-story building and construct a three-story medical office building with a new underground parking garage. After the building plans were approved and the permits were issued, Plaintiffs demolished the old building and excavated to c...
2022.01.05 Motion to Strike 431
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.05
Excerpt: ... Procedure section 377.60. Previously, Defendant Mary Health of the Sick Convalescent & Nursing Hospital, Inc. (“Defendant”) demurred to each cause of action and moved to strike the prayer for punitive damages. The Court previously sustained the demurrer and, in the alternative, granted the motion to strike. Plaintiff filed a first amended complaint on September 13, 2021, and Defendant moves to strike the prayer for punitive damages arguing t...
2022.01.05 Demurrer, Motion to Strike 043
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.01.05
Excerpt: ..., (3) Jenmax Enterprises, LLC (“Jenmax”), and (4) Cambridge Healthcare Services, LLC (“Cambridge”) (collectively, “Defendants”). Plaintiff asserts three causes of action: (1) Elder Abuse and Neglect under Welfare and Institutions Code sections 15600, et seq., (2) Violation of Health and Safety Code section 1430(b), and (3) Wrongful Death. Plaintiff also seeks punitive damages. Defendants demur to all three causes of action and move to...
2021.12.20 Motion to Compel Responses 286
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.20
Excerpt: ...finds that on December 1, 2021, Anderson served a verification to its “further, further” responses to said interrogatories, which were originally served (unverified) on November 1, 2021. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Brazier Decl., ¶ 16, Ex, 16; Garratt Decl., ¶ 6, Ex. B.) Sundt's motion to compel “further, further” responses to special interrogatories, set three,...
2021.12.20 Motion for Sanctions 314
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.20
Excerpt: ...appointment of a receiver. Then, Militello filed a cross- complaint in Case Number 21STCV13314, which appeared to be substantively identical to her complaint in Case Number 21SMCV00789. She again sought appointment of a receiver, and the Court (Chalfant, J.) denied the request. Cannaco filed a demurrer to dispose of the duplicative claims, after which Militello filed a request for dismissal of every claim except for one, and the Court dismissed t...
2021.12.16 Motion to Compel Arbitration 321
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.16
Excerpt: ...019, Defendant filed a demurrer to the complaint that raised one issue: Whether the claims were preempted by the National Labor Relations Act. The demurrer specifically stated that the demurrer “without waiver of or prejudice to its position that [Plaintiff] entered into an arbitration agreement with [Defendant] that covers the allegations set forth by the Complaint.” Before the Court held a hearing on the demurrer, Plaintiff filed a first am...
2021.12.16 Motion to Set Aside Default, Judgment 145
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.16
Excerpt: ...96. Plaintiff alleges that it delivered the artificial slab, but Defendants paid only $360,000, leaving a balance of $684,062.96. The Court (Aenlle-Rocha, J.) entered default and default judgments, following which Defendants moved to vacate the entry of default. Judge Aenlle-Rocha denied the motion, finding that Defendants did not “demonstrate[s] a serious intent to defend themselves in this action.” After Judge Aenlle-Rocha was appointed to ...
2021.12.14 Motion to Stay Unlawful Detainer Case 802
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.14
Excerpt: ...nctive relief, and declaratory relief. Plaintiff alleges as follows: Plaintiff is 85 years old and her husband, Jerome McGill, for whom she is attorney-in-fact, is 88 years old. (Complaint, ¶¶ 13-14.) In or about august 2020, R. Marina Raines offered to purchase her residence on behalf of the other defendants (the “Ibanez Defendants”), to which she agreed. (Id., ¶ 15.) Plaintiff attached the agreement as Exhibit A to her complaint. (Id., E...
2021.12.10 Motion for Attorney Fees 624
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.10
Excerpt: ... a total of $74,349 in attorneys' fees, as well as $5,321.86 in costs. Defendants oppose the motion. PROCEDURAL HISTORY Plaintiffs filed this action under the Song-Beverly Consumer Warranty Act on August 13, 2019. The complaint and case management statement were filed by Norman F. Taylor of Norman Taylor & Associates. Defendants filed answers on October 3 and October 17, 2019. The Court held a case management conference on July 20, 2020, at which...
2021.12.09 Demurrer, Motion to Strike 899
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.09
Excerpt: ...tiff”), a self-represented litigant, filed this action against his former attorney, Corey Evan Parker (“Defendant”). Plaintiff alleges that he retained Defendant to appeal an adverse judgment in an unlawful detainer case against Howard and Jean Rosenfeld. Plaintiff alleges that Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lo...
2021.12.08 Motion for Stay of Discovery, to Compel Further Discovery Responses, to Continue Trial Date 955
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.08
Excerpt: ...hat they sold fraudulent “at-home” COVID-19 tests and disinfectants during the pandemic. Specifically, Plaintiff's case is based upon two products: (1) CoronaCide At Home Test Kits, and (2) CoronaStop Disinfectants. Plaintiff alleges that the CoronaCide kits were not approved or authorized by the Food and Drug Administration for home use, and that the disinfectants were not registered with the Environmental Protection Agency or the California...
2021.12.07 Motion to Quash 191
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.07
Excerpt: ...hoorn (“Defendant Boekhoorn”) moves to quash service of the summons and complaint in this matter on two grounds. First, Defendant Boekhoorn argues that he was improperly added as a defendant by an untimely Doe amendment. Second, Defendant Boekhoorn argues that the Court lacks personal jurisdiction over him. The Court grants the motion and dismisses Defendant Boekhoorn with prejudice. PLAINTIFFS' ALLEGATIONS On or about May 11, 2016, Philip La...
2021.12.06 Demurrer, Motion to Strike 683
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.06
Excerpt: ...ic policy. Previously, SEPL moved to strike the prayer for punitive damages, which the Court granted with leave to amend. Now, DELTA demurs to the complaint and moves to strike the prayer for punitive damages and related allegations. A. Demurrer “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 mus...
2021.12.02 Demurrer 878
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.02
Excerpt: ...coln”), Wayne L. Weaver, TFP Funding Partners, LLC, Daniel M. Silverman, and United of Omaha Life Insurance Company (“United Omaha”) (collectively, “Defendants”). Plaintiffs assert a “First Cause of Action” with five separate counts (for intentional misrepresentation, fraudulent concealment, professional negligence, unfair competition, and intentional infliction of emotional distress) against all defendants except United Omaha. Cert...
2021.12.02 Application to Continue Trial, OSC Re Sanctions 535
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.02
Excerpt: ...ms under the Song-Beverly Consumer Warranty Act, as well as a claim for fraud by omission. The Court held a case management conference on February 22, 2019, at which it set the initial trial date of March 16, 2020. On January 31, 2020, the parties filed a stipulation to continue the trial date and all related dates. The stipulation states that the parties “have yet to conclude discovery,” representing that Plaintiff needs to conduct the follo...
2021.12.01 Anti-SLAPP Motion to Strike 885
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.01
Excerpt: ...otion. In ruling on a defendant's special motion to strike, the trial court uses a two-step process. First, the defendant must show that the act or acts of which the plaintiff complains were taken in furtherance of the defendant's right of petition or free speech under the United States or California Constitutions in connection with a public issue. (Code Civ. Proc., § 425.16, subd. (b)(1).) If the defendant carries that burden, the burden shifts...
2021.11.24 Application to Continue Trial 152
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.24
Excerpt: ... A.) On November 15, 2021, Plaintiff's counsel again confirmed: “We are on for Friday.” (Id., Exh. B.) Then, on November 16, 2021, Plaintiff's counsel indicated that he was not available due to a commitment at his daughter's school. (Id., Exh. C.) The Court previously issued an order on October 25, 2021, denying the parties' stipulation for a trial continuance. The Court ordered the parties to complete discovery, and Defendants to file any mo...
2021.11.19 Demurrer, Motion to Strike 128
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.19
Excerpt: ... Counts (Money Had and Received) against all defendants Third Cause of Action – Fraud against all defendants Fourth Cause of Action – Breach of Contract (Promissory Note) against all defendants Now, Defendants Great Deal LLC, Dongwei Wang, and Yimian Jia demur to the complaint and move to strike certain prayers. Defendant Farah Daabas joins in the demurrer and motion to strike. The demurrer is sustained, and the motion to strike is granted. F...
2021.11.18 Motion to Quash or for Protective Order 717
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.18
Excerpt: ...d harassment. Specifically, Plaintiff alleges that she was sexually harassed by a supervisor, and when she reported the issue, Defendant initiated a retaliatory and discriminatory charge of time theft against Plaintiff, placed her on administrative leave, and subjected her to constructive discharge following a Skelly hearing. On October 13, 2021, Defendant served a notice to take the deposition of Leslie Wilcox, Esq., who was Plaintiff's counsel ...
2021.11.18 Special Motion to Strike 112
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.18
Excerpt: ...illen, Georgia, posted a negative review of his services on two social media websites, Facebook and Nouzz. Defendant moved to strike Plaintiff's complaint under Code of Civil Procedure section 425.16, and the Court granted the Anti-SLAPP motion. Now, Defendant seeks his attorney's fees by way of noticed motion. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 ...
2021.11.17 Demurrer, Motion to Strike 381
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.17
Excerpt: ...amount of $1,759,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co- debtor and guarantor. On September 8, 2020, Now Solutions and VCS filed a motion for leave to file a cross- complaint. On December 18, 2020, the Court (Aenlle-Rocha, J.) granted the motion, and the cross- complaint was filed on December 22, 2021. Lakeshore filed a demurrer and motion to strike the demurrer on February 10, 2021, and February ...
2021.11.15 Motion to Strike 518
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.15
Excerpt: ...ntiffs' property is parallel to Defendants' property. (Complaint, ¶ 7.) Alongside Defendants' driveway is a planter with three mature coast live oak trees. (Ibid.) The roots of these trees have infiltrated Plaintiffs' property, causing damage. (Id., ¶ 8.) Specifically, the trees have damaged Plaintiff's backyard cinderblock wall. (Ibid.) The trees have damaged the foundation under the kitchen and damaged the garage floor. (Ibid.) The tees have ...
2021.11.15 Motion for Summary Judgment 661
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.15
Excerpt: ...Robert Tortoriello (“Defendant”). Plaintiff alleges that Defendant acted as a guarantor for his son's lease agreement with Defendant, and that Defendant's son breached the lease. Now, Plaintiff moves for summary judgment based upon the Court's order, dated July 27, 2021, deeming Defendant to have admitted the matters specified in the Requests for Admission. (See Court's Minute Order, dated July 27, 2021.) This is sufficient to satisfy Plainti...
2021.11.09 Motion to Dismiss for Forum Non Conveniens 183
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.09
Excerpt: ... against Defendants EM Express, LLC (“Fast & Retro”), as well as Alexander Assouline and Laurent Charbonnier (collectively, the “Individual Defendants”). Mafys alleges that the Individual Defendants stole confidential information from Mafys and that Fast & Retro used the confidential information to compete with Mafys. The Individual Plaintiffs allege that they contracted with Fast & Retro to broker the purchase of vehicles for the Individ...
2021.11.09 Motion for Summary Judgment 535
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.09
Excerpt: ...wing the Subject Vehicle to be sold to Plaintiff without disclosing that the Subject Vehicle and its 2.4L GDI engine was defective and susceptible to sudden and catastrophic failure.” (First Amended Complaint, ¶ 101.) Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion. The motion is granted with respect to the third cause of action and denied with respect...
2021.11.05 Motion to Compel 386
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.05
Excerpt: ..., a wholesale food market. (First Amended Complaint, ¶¶ 10-11.) Plaintiff alleges the following ownership interest: Plaintiff: 49% Norman Silverman: 36% Eric Silverman: 7.5% David Zander: 7.5% (Id., ¶ 11.) On February 1, 2017, Plaintiff and the Silvermans removed Zander as an officer and director due to alleged breaches of fiduciary duty and embezzlement. (Id., ¶ 12.) Zander filed a civil action against GLATT and Norman Silverman, which was c...
2021.11.04 Demurrer, Motion to Strike 437
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.04
Excerpt: ...UND Plaintiffs filed this action against the Calvo Group (“Defendant”) asserting causes of action for breach of contract, breach of the implied warranty of habitability, intentional infliction of emotional distress, private nuisance, and negligence. Now, Defendant demurs to the third cause of action—for intentional infliction of emotional distress—and moves to strike the prayer for punitive damages and related allegations. The demurrer is...
2021.11.03 Demurrer, Motion to Strike 776
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.03
Excerpt: ...on of Emotional Distress, (5) Constructive Fraud, (6) Conversion, (7) Negligent Hiring, (8) Financial Abuse of Dependent Adults, and (9) Public Injunctive Relief and/or Violation of Business and Professions Code section 17200. Defendants now demur to the first amended complaint and move to strike the prayer for punitive and treble damages, as well as the related allegations. The Court sustains the demurrer and grants the motion to strike. PLAINTI...
2021.11.02 Demurrer 393
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.02
Excerpt: ...es of action: (1) Violation of Civil Code section 2923.5, (2) Breach of contract, (3) Breach of the covenant of good faith and fair dealing, (4) Accounting, (5) Intentional misrepresentation, (6) Negligent misrepresentation, (7) Wrongful foreclosure, (8) Injunctive relief, and (9) Specific performance. Defendants Planet Home Lending, LLC and Prestige Default Services, Inc. (collectively, “Defendants”) demur to the complaint, which Plaintiff o...
2021.11.01 Motions to Compel Depositions 012
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.01
Excerpt: ... moves to compel Defendants' depositions. Plaintiff has a right to take Defendants' depositions because they are parties to this action. Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and tes...
2021.11.01 Motion to Tax Costs, for Attorney Fees 507
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.01
Excerpt: ... of El Monte (the “City”) issued an administrative citation because there was no certificate of occupancy for the building. Plaintiff's operative complaint asserts the following causes of action against Defendant: (1) Breach of contract, (2) Money had and received, (3) Intentional Misrepresentation, (4) Negligent misrepresentation, (5) Unjust enrichment, (6) Declaratory relief, (7) Breach of the implied covenant of good faith and fair dealing...
2021.10.28 Motion to Compel Arbitration 769
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.28
Excerpt: ...ance 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, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, interna...
2021.10.27 Motion to Compel Arbitration, for Trial Preference 975
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.27
Excerpt: ... of Downey, and So Cal Penske Collision Centers—have not been served. The fourth entity—“RP Automotive, Inc.”—was served personally on June 10, 2021. Defendant RP Automotive, Inc. (hereinafter “RP Automotive”) filed an answer on July 12, 2021. Now, Defendant RP Automotive moves to compel arbitration, which Plaintiff opposes. The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid ar...
2021.10.20 Motion to Compel Arbitration 975
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.20
Excerpt: ...otion to 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 disc...
2021.10.19 Motion to Tax Costs 619
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.19
Excerpt: ...havez v. City of Los Angeles (2010) 47 Cal.4th 970, 989, to $23,032.50. On September 1, 2021, the Court confirmed the arbitration award in these amounts. The arbitration award also states: “The administrative fees and expenses of the American Arbitration association totaling $2,950, shall be born $2,950 by Macy's, and the compensation and expenses of the arbitrator totaling $19,922.50 shall be borne as incurred. Therefore, Macy's has to pay Mar...
2021.10.18 Motions to Quash 484
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.18
Excerpt: ...resented that TOEIC was financially sound and that he was taking steps to have TOEIC listed on a recognized Chinese stock exchange. (Ibid.) Plaintiffs allege that Chen offered to allow them to invest in TOEIC in advance of the initial public offering. (Ibid.) According to Plaintiffs, Chen further represented that once he received their initial investment, he would act as the nominal shareholder for Plaintiffs. (Id., ¶ 10.) Chen allegedly promise...
2021.10.18 Application for Stay 191
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.18
Excerpt: ...ers as a defendant. Exhibit A to the first amended complaint references the partnership agreement between Philip Lawrence, Marcel Boekhoorn, Jabari McDavid, and Moi Productions Inc, dated May 5, 2017, and it was signed by Patrizio Moi. (See First Amended Complaint, Exh. A.) The Moi Plaintiffs filed a second amended complaint on December 19, 2019, which include Jarbari's Inc. (“Jabari”) as a co-plaintiff. Moi maintains that he has power-of-att...
2021.10.15 Motion to Compel Further Responses 105
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.15
Excerpt: ...ntiffs assert causes of action for violation of the Unruh Civil Rights Act, violation of the Santa Monica Rent Control Law, common law fraud, and negligent misrepresentation. Now, Plaintiffs move to compel further responses to Special Interrogatories, Set One (“SROG”) and Requests for Admission, Set One (“RFA”). The Court rules as follows: Timeliness – Defendant served her discovery responses on May 26, 2021. The 45-day deadline was Sat...
2021.10.15 Demurrer, Motion to Compel Deposition 381
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.15
Excerpt: ...,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co-debtor and guarantor. On April 20, 2021, Now Solutions and VCS filed a first amended cross-complaint against Lakeshore and two affiliated individuals (collectively, “Lakeshore”) asserting the following causes of action: (1) Breach of contract/breach of the implied convent of good faith and fair dealing, (2) Conversion, (3) Common counts, (4) Fraud, (5) N...
2021.10.14 Motion to Excuse from Contemporaneous Ownership Requirement, to Seal, Demurrer, Motion to Strike 960
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.14
Excerpt: ...M&R”), asserting causes of action for fraudulent misrepresentation, fraudulent concealment, breach of fiduciary duty, breach of contract, violation of California Penal Code section 496(a) and (c), conversion, unjust enrichment, constructive trust, and unfair competition under Business and Professions Code section 17200. Plaintiff now seeks an exception to the general rule in a derivative lawsuit that the plaintiff must be a contemporaneous owne...
2021.10.14 Demurrer, Motion to Strike 935
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.14
Excerpt: ...ligent interference with prospective economic advantage, and a series of other employment claims. On May 14, 2021, Bizlinks—which does business as “Western Elite Insurance Solutions”—and Total Insurance (the “Bizlinks parties”) filed a cross-complaint against Adams, Hamm, ISR Holdings, Inc. (“ISR”), David Risse (“Risse”), Bonnie Risse Insurance Agency, Inc. (“Risse Insurance”), and Compass Point Risk Solutions, LLC (“Com...
2021.10.13 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.13
Excerpt: ...vide accurate itemized wage statements, (5) Failure to pay wages when due, (6) Misclassification of employees as independent contractors, (7) Failure to reimburse business-related expenses, (8) Breach of written contract, (9) Breach of the implied covenant of good faith and fair dealing, (10) Unfair business practices, (11) Unjust enrichment, (12) Quantum meruit, and (13) Fraud and deceit. Plaintiff seeks punitive damages. Now, Defendants demur t...
2021.10.08 Motion to Compel Arbitration 734
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.08
Excerpt: ...LEGAL STANDARD The moving party on a motion to 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 testi...
2021.10.08 Motion for Trial Preference 910
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.08
Excerpt: ... 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) During the pri...

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