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2023.05.22 Demurrer, Motion to Strike 315
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.22
Excerpt: ...e 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 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally construeO" the allegations of the complaint. (Code Civ. Proc., S 452.) "This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff not the defendant" (Perez v. Golden...
2023.05.18 Motion for Summary Judgment 424
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.18
Excerpt: ...ACKGROUND This action relates to the property at 6535 Cottage Street in Huntington Park, California 90255 (the "subject property"). (Complaint, 9.) As of August 9, 2004, Plaintiffs were jomt tenants of the subject property. (See Defendant's Separate Statement, 6.) A deed of trustwas recorded on December 28, 2006. (ld., 7.) This first deed of trust refers toanote in the sum of $525,000, and this debt was secured by the property. (Ibid.) A second d...
2023.05.18 Demurrer, Motion to Strike 244
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.18
Excerpt: ... sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (2015) 235 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally construeO" the allegations of the complaint. (Code Civ. Proc., S 452.) "This rule of liberal construction means that the reviewing court draws inferences favorable to the Farias, not the defendant" (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) Any party, within the...
2023.05.15 Demurrer 399
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.15
Excerpt: ... Canoo's electric vehicles. (See Complaint Exh. A, p. 10.) There was a dispute over the contract. (Ibid.) On September 16, 2022, the parties entered into a settlement and release agreementto resolve a prior dispute. (Complaint, 7.) The settlement agreement provided that Canoo would pay a total of in four instalments on the following dates: (1) $500,000 on September 19, 2022; (2) $500,000 on September 30, 2022; (3) 31.125 million on October 7, 202...
2023.05.11 Demurrer 201
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.11
Excerpt: ...rofessional Boxing Safety Law, 15 U.S.C. 5 6308(b); (4) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6307e(b); (5) Violation of the Professional Boxing Safety Law, 15 U.S.C. S 6304(4); (6) Conspiracy to violate the Professional Boxing Safety Law; (7) Unfair business practices; (8) Promissory estoppel; and (9) Declaratory relief. Plaintiff attached a copy of the contract at issue, which was beb.veen Plaintiff and TGB Promotions, LL...
2023.05.09 Petition to Confirm Arbitration Award, to Vacate Arbitration Award 582
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.09
Excerpt: ...d a cross-claim in arbitration "aris[ing] out of Plaintiffs failure to make payments due under the lease agreementthat he signed for the Subject Vehicle." (Declaration of Soheyl Tahsildoost, 6.) Defendant raised tvvo cross-claims. First Defendants asserted a claim for breach of contract and sought the amounts owed under the lease, as well as attorneys fees and costs. Second, Defendants asserted a claim for conversion under Penal Code section 496(...
2023.05.08 Motion to Enforce Settlement, to Intervene 802
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.08
Excerpt: ...eged wage and hour violations. The parties reached a settlement However, the Labor and Workforce Development Agency, Department of Industrial Relations, Division of Labor Standards Enforcement (the "LWDA") objects to the settlement of the PAGA claim, arguing that " [t]he proposed settlement that Defendants as this court to enforce is not fair or reasonable ... [and] does not meet the standards for approval or enforcement" Accordingly, Plaintiffs'...
2023.05.08 Motion for Summary Judgment 123
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.08
Excerpt: ...80,000. Plaintiff alleges that Defendants failed to complete the transaction and deliver the property to Plaintiff. Accordingly, Plaintiff asserts three causes of action: (1) Breach of contract (2) Declaratory relief, and (3) Specific performance. Now, Defendants move for summary judgment or, in the alternative, summary adjudication. "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material...
2023.05.05 Motions to Compel Further Responses 331
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.05
Excerpt: ...iscovery: FROG Numbers 4.1, 4.2, 12.1, and 12.3 SROG Numbers 1, 7, 13-17, 19-29, 31-32, 34-39 RPD Numbers 4-5, 6, 12-13, 16-19, 23, 25-26, 29, 33-34, 37, 39, SO, 52-60, 62-82, 86-87 The Court ordered the parties to meet-and-confer to attempt to resolve the disputes. (See Court's Minute Order, dated February 6, 2023.) At the hearing on March 17, 2023, "[t]he parties stipulated that Defendant shall provide supplemental responses on or before April ...
2023.05.05 Motion for Sanctions, for Attorney Fees 597
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.05
Excerpt: ... them consignments of diamonds and other precious stones. (Ibid.) The consignments stated that Plaintiff would transfer the stones to Defendants, and if the stones were not returned to Plamtiff then a sale was deemed to have been made and Defendants became obligated to pay the agreed-upon sums. (ld., 10.) Defendants failed to return the merchandise at issue, obligating them to pay $49,266 in damages. (ld., 12.) Defendants move for terminating san...
2023.05.04 Motion to Compel Arbitration 667
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.04
Excerpt: ...under FEHA Discrimination on the basis of race/ancestry/national origin under FEHA Harassment on the basis of race/ancestry/national origin under FEHA Retaliation for complaining about race/ ancestry/national origin discrimination under FEHA Failure to prevent discrimination/harassment/retaliation under FEHA Wrongful constructive termination Intentional infliction of emotional distress Defendant now moves to compel arbitration, which Plaintiff op...
2023.05.03 Demurrer 094
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.03
Excerpt: ...t, intentional interference with contractual relations, and tortious interference mth contractual relations. The cross-defendants demur to every cause of action. The Court sustains the demurrer to the fifth cause of action mthout leave to amend and overrules the demurrer to the remaming causes of action. LEGAL STANDARD "It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (...
2023.05.03 Motion for Attorney Fees 564
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.03
Excerpt: ... settlement on September 15, 2022. Now, Plaintiffs counsel seeks attorney's fees and costs totaling $150,637.50 based upon: (1) Attorneys fees of $100,425; (2) A lodestar multiplier of 0.5, resulting inan additional S50 212.50; and (3) Costs of $5,559.83. Defendant opposes the motion and requests that the Court order only $46,280 in attorneys fees. Defendant does not challenge the costs. The determination of reasonable amount of attorney fees is ...
2023.05.01 Motion to Compel Production of Docs 527
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.01
Excerpt: ... furnish and keep accurate wage statements Fifth Cause of Action — Failure to pay compensation at the time of termination Seventh Cause of Action — Violation of Business and Professions Code section 17200 Eighth Cause of Action — Harassment under FEHA Plamtiff allegedly suffered non-econonuc damages as a result of the harassment and attended therapy sessions with Carmela Duarte, who is one of Plaintiffs unretamed expert witnesses. Now, Defe...
2023.05.01 Demurrer 722
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.05.01
Excerpt: ... Rochester Regal, LLC ("Rochester), as he was merely a handyman at the building. Defendant also moves to strike portions of the complaint The Court sustains the demurrer with leave to amend, and denies the motion to strike as moot LEGAL STANDARD "It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (2015) 235 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "li...
2023.04.27 Motion to Compel Arbitration 473
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.27
Excerpt: ...ord Motor Company (2023) Cal.Rptr.3d - 2023 WL 2768484. Plamtiffs' breach of warranty claims against Defendant were not based on the sales contract containing the arbitration clause. "[M]anufacturervehicle warranties that accompany the sale of motor vehicles without regard to the terms of the sale contract betw•een the purchaser and the dealer are independentofthe sale contract" (Id„ p. *4.) The Court considered whether Defendant is a third p...
2023.04.24 OSC Re Dismissal, for Attorney Fees 458
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.24
Excerpt: .... The Court issued an Order to Show Cause why the Court should not grant Defendant's motion and dismiss this case With prejudice. Plaintiffs counsel has not demonstrated any good cause. Defendant filed two motions for attorneys fees, one seeking $72,543 for the anti-SLAPP motion before the Superior Court and one seeking S49,947 for the appeal. The Court grants both motions with modifications. LEGAL STANDARD A defendant who prevails on an anti-SLA...
2023.04.24 Motion for Summary Judgment 752
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.24
Excerpt: ... the pre-embryos. Prior to the treatment Plaintiff and Ms. Vergara executed a form directive stating that neither could use the embryos to create a child without the written consent of the other. Moreover, Penal Code section 367g(b) prohibits one partner from using the embryos without the written consent of the other. Nevertheless, Plaintiff filed multiple lawsuits agamst Vergara in an effort to use the pre-embtyos to create children, in response...
2023.04.17 OSC Re Dismissal, Motion to Quash 120
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.17
Excerpt: ...rrorist cell operating ‘The State of Indiana's Public Retirement Fund.” (Complaint, p. 1.) Plaintiff alleges that she is a member of the “Blackfeet-Cherokee-Navajo union” and that Defendants “ha[ve] stolen what they can never repay.” (Complaint, p. 2.) Plaintiff alleges that “Government unions switched [her] birth record and [her] frequencies.” (Ibid.) Plaintiff alleges: “I have been charged bit frequencies for 45 years [and] I ...
2023.04.17 Motion to Stay or Demurrer 775
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.17
Excerpt: ...strict of California, which is Trevor Johnson v. Air Products and Chemicals, Inc., Case No. 22-CV-07327-JLS-PD (the “federal case”). Defendant moves to stay the instant case pending resolution of the federal case, which Plaintiff opposes. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) ...
2023.04.17 Motion for Attorney Fees 499
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.17
Excerpt: ...Co. (2000) 79 Cal. App. 4th 1127, 1134.) The burden is on the party seeking attorney fees to prove reasonableness of the fees. (Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal. App. 4th 603, 615.) The Court has broad discretion in determining the amount of a reasonable attorney's fee award which will not be overturned absent a “manifest abuse of discretion, a prejudicial error of law, or necessary findings not support...
2023.04.13 Motion to Transfer, Demurrer, Motion to Strike 369
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.13
Excerpt: ...herefore has no authority to transfer this case. Rather, this motion must be heard in Department One. Therefore, the motion is denied without prejudice to Defendants' counsel requesting a hearing in Department One. Defendants' counsel shall provide notice and file proof of such with the Court. Order #2 of 2 Demurer and Motion to Strike BACKGROUND Plaintiff Urban Soccer 5 Center, LLC (“Plaintiff”) filed this action against Lisa Vernola Salas a...
2023.04.13 Motion for Relief from Jury Waiver 381
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.13
Excerpt: ...m requesting a jury trial. Defendants were required to post jury fees on or before the case management conference, per Code of Civil Procedure section 631(c). Defendants failed to do so. The Court (Feffer, J.) conducted a case management conference on October 2, 2019, and specifically reminded Defendants' counsel to post jury fees. Judge Feffer ordered: “Jury fees are to be posted by 10/4/19 or jury is waived.” (See Case Management Order, dat...
2023.04.13 Demurrers, Motions to Strike FACC 960
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.13
Excerpt: ...��Cobo”) and Nicole Khoshnoud (“Khoshnoud”)—and two entities—Deepwater, Inc. 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”) (co...
2023.04.13 Demurrer, Motion to Strike 961
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.04.13
Excerpt: ...ef 4. Conversion 5. Trespass 6. Private nuisance Defendants demur to the first amended complaint and move to strike certain allegations, as well as the prayer for punitive damages. The Court sustains the demurrer with respect to T-Mobile USA. The Court sustains the demurrer to the second, fourth, fifth, and sixth causes of action and denies the motion to strike. PLAINTIFF'S ALLEGATIONS Plaintiff acquired certain real property, located at 10281 We...

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