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2023.04.25 Motion to Conduct Financial Discovery 406
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.04.25
Excerpt: ...ission to conduct financial discovery of Defendant Mano Ramos ("Defendant"). (Notice of Mtn., at p. 2.) Plaintiffs move on the grounds that they are likely to prevail on their claim for punitive damages and may conduct financial discovery under Civil Code section 3295 ("Section 3295"). (Notice of Mtn„ at p. 2.) By way ofbackground, this is a habitability case. Plaintiffs allege that Defendant knowingly and illegally rented out as residential un...
2023.04.25 Motion for Assignment Order 527
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.04.25
Excerpt: ... an Assignment Order with respect to payments from Samuel Goldwyn Films, LLC; reservation no.: 073623854191 filed by Plaintiff Rakuten Group. Inc., on 03/22/2023 is GRANTED as set forth below. Plamtiff Rakuten Group Inc. ("Plaintiff) brings Nvo separate motions for an assignment order. Plaintiff moves for an order directing that Defendants The H Collective, Inc.; the H Collective Entertainment; the H Holdings LLC; xxx The Fourth LLC; the Beast Fi...
2023.04.25 Demurrer to TACC 603
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.04.25
Excerpt: ...mend as to Meldia Investment Realty of America, Inc.. The demurrer as to the fifth (declaratory relief) cause of action is sustamed mth leave to amend as to Meldia Investment Realty of America, Inc„ The Motion to Strike Portions of Third Amended Cross-Complaint; reservation no.: 533774587199 filed by Cross-Defendants Akihiro Kondo, Keishi Ando, Meldia Investment Realty of America, Incu and Sanei Architecture Planning Co. Ltd, on 02/24/2023 is G...
2023.04.18 Motion for Judgment on the Pleadings 594
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.04.18
Excerpt: ...gment on the pleadings without leave to amend as to cause of action ten (Labor Code section 1102.5). The court denies judgment on the pleadings as to cause of action two (harassment). Discussion Defendant Maria de Jesus Romero (“Defendant”) moves for judgment on the pleadings on the grounds that the second (harassment), ninth (Labor Code 98.6 retaliation), tenth (Labor Code 1102.5 Retaliation), eleventh (defamation) and twelfth (defamation pe...
2023.03.30 Motion to Compel Further Responses 546
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.30
Excerpt: ...om Defendant Self Love, LLC to provide further responses to No. 211.1 and 216.1 from Plaintiffs first set of Employment-Form Interrogatories; Hearing on Motion to Compel Further Discovery Responses from Defendant Self Love, LLC to Plaintiffs second set of Special Interrogatories No. 21,24,30,31,33, and 35 through 168 TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned m...
2023.03.30 Motion to Cancel Option to Purchase Real Property 028
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.30
Excerpt: ...he above-captioned motions and announces its tentative rulings in open Court. The Motion for Order Re Failure to Open Escrow, reservation no.: 376537619213 filed by Plaintiffs Jesus Naranjo and Mana Blanca Naranjo on 03 /01/2023 is GRANTED. ANALYSIS Plai tiffs Jesus Naranjo and Maria Blanca Naranjo (collectively "Plaintiffs") move for an order to be included in the final judgment of this matter cancelling Defendants Albert Lon Chaney, III's and K...
2023.03.30 Motion for Summary Judgment 326
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.30
Excerpt: ...Court. The Motion for Summaty Judgment of Defendants Peter Sacker and 1212 North Clark St„ LLC reservation no.: 017147748381 filed by Defendants Peter Sacker and 1212 North Clark St„ LLC on 01/05/2023 is DENIED. Defendants Peter Sacker ("Sacken and 1212 North Clark St„ LLC ("North Clark") (collectively "Defendants") move for summary judgment on the complaint filed by Plaintiffs Tim Purcell ("Purcell") and Samantha Lopez (collectively "Plain...
2023.03.29 Demurrer 142
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.29
Excerpt: ...ERRULED. Defendants For Motor Company ("Ford") and Advantage Ford Lincoln ("AFL") (collectively "Defendants") demurrer to the first (violation of Magnuson-Moss Warranty Act), second (breach of implied warrant•y), and third (negligent repair) causes of action in the first amended complaint ("FAC") filed by Plaintiff Gino Mortillaro ("Plaintiff'). Defendant argue Plaintiff failed to allege sufficient facts to constitute the causes of action. (Not...
2023.03.29 Motion for Leave to Amend SAC 580
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.29
Excerpt: ... no.: 982314805933 filed by Plaintiff Diana Barnett on 03/03/2023 is c;æANTED. Plamtiff is ordered to file the second amended complaint within 5 days' notice ofthis order. Plamtiff Diana Barnet ("Plaintiff') moves for an order granting her leave to file a second amended complaint against Defendant Kia Motors America, Inc. ("Defendant') alleging a Sixth cause of action for fraudulent concealment and adding a request for pumtive damages. (Notice o...
2023.03.29 Motion for Summary Judgment 530
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.29
Excerpt: ...f') as to Plamtiffs entire operative first amended complaint ("FAC"). Specifically, Cedars moves on the grounds that no triable issues exist for any material facts in this case because Cedars met the standard of care at all times during the care and treatment of Michael Park ("Decedent') and nothing Cedars did contributed to Decedents death. (Notice of Mtn„ p. 2.) Plaintiff now in pm per, does not oppose. Cedars filed the motion on December 13,...
2023.03.27 Motion to Quash Service of Summons and Complaint 445
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.27
Excerpt: ...half of specially appearing Defendant Evan Hand to Quash service of Summons and Complaint for lack of personal jurisdiction and Dismiss Action; reservation no.: 994842920375 filed by Defendant Evan Hand, specially appearing, on 02/27 / 2023 is GRANTED. Defendant Evan Hand ("Defendant') move for an order quashing service of summons on the grounds that the court lacks personal jurisdiction over him—a resident of the state of New York Discussion 1...
2023.03.27 Motion to Compel Discovery, for Monetary Sanctions 837
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.27
Excerpt: ... moving papers in the above-captioned motions and announces its tentative rulings in open Court. The Motion to Deem RPA's Admitted Set One to Defendant Civ of Los Angeles and Request for Monetaty Sanctions against Ci5r of Los Angeles; reservation no.: 082371414373 filed by Plaintiff Sylvana McGraw on 03/01/2023; the Motion to Compel Defendant City of Los Angeles's Discovery Responses and Request for Monetaty Sanctions agamst City of Los Angeles; ...
2023.03.24 Motion for Summary Judgment, Adjudication 365
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.24
Excerpt: ...dgment or alternatively, Summary Adjudication on second Amended Cross- Complaint filed by In Sook Park reservation no.: 124484325703 filed by Cross-Defendant Steven S. Kim on 7/18/2022 is DENIED. The Joinder to Motion for Summary Judgment / Adjudication on Second Amended Cross-Complaint filed by In Sook Park reservation no.: 124484325703 filed by Cross-Defendants Good Hill Inc., Min Young Chung and Shannon sung on 07/19/2022 is DENIED. Plamtiff a...
2023.03.23 Motion to Lift Stay 019
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.23
Excerpt: ...dalupe Pharmacy, Inc. and San Marcos Pharmacy, Inc. on 02/21/2023 is GRANTED. Plamtiffs Guadalupe Pharmacy, Inc. and San Marcos Pharmacy, Inc. (collectively "Plaintiffs") move for an order lifting the stay in the present case pursuant to Code of CIVII Procedure section 1281.4. (Motion, at This is breach of contract case. On December 2, 2020, Plaintiffs filed suit against various corporate entities and in May 2021, Plaintiffs filed the operative f...
2023.03.23 Motion to Expunge Lis Pendens, for Attorney Fees 939
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.23
Excerpt: ...ng LLC has not demonstrated by a preponderance of the evidence that it will prevail on the Civil Code section 3439.04 claim. (See Code Civ. Proc„ 5405.31.) However, finding the opposition substantially justified, the court does not award Defendant Payam Ebrahimian attorneys' fees. (Code Civ. Proc„ 5 405.38) Defendant Payman Ebrahimian ("Payman") moves for an order expunging the Notice of Pendency of Action ("lis pendens") recorded against the...
2023.03.23 Motion for Leave to File Complaint 188
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.23
Excerpt: ...taffing Services, LLC on 02/17/2023 is GutüTED. Defendant Prolink Staffing Services, LLC ("Defendant") moves for leave to file a cross-complaint in this action agamst Plaintiffs Amanda Bowers and Susan Tidwell (collectively "Plaintiffs"). The proposed cross-complaint alleges one cause of action for declaratory elief. By way ofbackground, on June 14, 2021, Plaintiffs filed the present Private Attorneys General Act ("PAGA) action agamst Defendant ...
2023.03.23 Motion for Attorney Fees 202
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.23
Excerpt: ...6585 filed by Plaintiff Gerardo Barraza on 02/24/2023 is GRANTED in part. The court awards Plaintiff fees in the amount of $29,992.5 and costs in the amount of S982.73. The fee award includes all fees incurred for this motion. This is a lemon law action. On November 9, 2021, Plaintiff Gerardo Barraza ("Plaintiff') filed the present suit for breach of warranö,• claims under the Song Beverly Consumer Warranör Act ("Song Beverly") agamst Defenda...
2023.03.22 Petition to Compel Binding Arbitration 336
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.22
Excerpt: ...Petitioner); Radmila Shkolnikov (Petitioner) RESP. PARTY: Richard Guy Leff (Respondent) TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned motions and announces its tentative ruling in open Court. The PETITION FOR ORDER COMPELLING ARBITRATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF EDWARD SHKOLNIKOV IN SUPPORT filed by Petitioners Edward Shkoln...
2023.03.22 Motion for Attorney Fees 109
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.22
Excerpt: .../10/2023 is GRANTED in part. The Motion tor Attorneys Fees is Granted in Part. The court grants the motion tor attomeyS tees in part for a total tee award ot $97,001.76., which includes the tees incurred in bringing this motiom Plamtiff Alfredo Jimenez ("Plaintiff') moves for an award of attorneys' fees in the amount of $175,730.00 for work completed and $3,000.00 for attorneys fees in pursuing the present fee motion against Defendant Alexis Coro...
2023.03.21 Pitchess Motion 938
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.21
Excerpt: ...e-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned motions and announces its tentative ruling in open Court. The Motion for Discovery of Peace Officer Personnel Records (Pitchess Motion) reservation no.: 769488862894 filed by Plaintiff Robert Marc Evans on 01/27/2023 is GRANTED, with some categories narrowed. The custodian of records is ordered to appear with the records described below on at 1...
2023.03.21 Demurrer, Motion to Strike 787
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2023.03.21
Excerpt: ...S; Opposition to Demurrer; Opposition to MTS; Reply to Demurrer; Reply to MTS; MOVING PARTY: Deputy Chavira (Defendant); County of Los Angeles (Defendant); Deputy Cortez (#524) (Defendant) RESP. PARTY: Jimmy Cruz (Plaintiff) TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned motions and announces its tentative rulings in open Court. The Demurrer to Plaintiffs' First Am...
2022.12.05 Demurrer 077
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...intiff Michael Z Lavie Meet and Confer: Yes. (Pelcic Decl. ¶¶3‐4.) BACKGROUND Plaintiff Michael Z. Lavie alleges he is a homeowner of a condominium commonly known as 5460 White Oak Ave., Unit F‐208, Encino, California 91316. The condominium is part and parcel of Defendant Encino Homeowners Association. Plaintiff alleges in March 2020, a water pipe in Plaintiff's condominium Unit exploded causing severe water damage to the inner walls of the...
2022.12.05 Demurrer 196
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...y drove over plaintiff's foot. Scott did not see plaintiff, who was in the course and scope of his employment with Vito, kneeling down in the street to check the tire pressure on one of Vito's trucks. Plaintiff sued Brown and Sierra. Sierra, in turn, filed a cross‐complaint against plaintiff's employer Vito, claiming that Vito was partially liable for “allowing” plaintiff to be crouched down in dark clothes (a safety violation). Sierra also...
2022.12.05 Demurrer 343
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers and opposition. BACKGROUND On May 26, 2022, Plaintiff Arthur Edward Ezor filed a complaint against Defendants Ellie Page, Masoud Koshki, Shlomo Harari, Norma Diller, Jose Jaime, Dagoberto Jaime, P&J Labrea, LLC, and Does 2-1...
2022.12.05 Demurrer 457
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...h of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. Now, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff's Complaint. Discussion Defendants' demurrer is defective for a number of reasons. As a preliminary matter, Defendants' demurrer seeks to join ...
2022.12.05 Motion for Judgment on the Pleadings 292
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...nities based on her race, disability, and age. Defendant now brings this motion for judgment on the pleadings. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Judgment on the Pleadings is GRANTED. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Here, it appears any attempt to avoid the statute of limitations issue would ...
2022.12.05 Demurrer 714
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ng facts. Plaintiff alleges that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Joseph Trenk, ¶ 3.) Demurrer A demurrer tests the suff...
2022.12.05 Demurrer to FACC 977
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...
2022.12.05 Demurrer to SAC 066
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ... The Court overrules the demurrer as to the eleventh cause of action, and sustains the demurrer to the remaining causes of action. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d ...
2022.12.05 Demurrer, Motion to Strike 879
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...awsuits [see Defendants' Demurrer, p. 1:4 and fn. 1] is irrelevant to the Court's ruling on this demurrer. Further, arguing that a “nonequity partner” is as nonsensical as a “non-flying airplane” [see Opposition to Demurrer, p. 2:7-8] does not help Plaintiff's argument; such a statement flies in the face of common practice at many large law firms. BACKGROUND: On January 14, 2022, Plaintiff Janet Sikiyan filed her Complaint against Defenda...
2022.12.05 Motion for Attorney Fees 605
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...tion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Tru...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Motion to Quash Service of Summons for Lack of Personal Jurisdiction 842
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...a Trousse (“The Trousses”) claim that in 2002, their mother Martine Palmaro-Trousse (“Martine”) entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate...
2022.12.05 Motion for Judgment on the Pleadings 786
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...entative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be s...
2022.12.05 Motion for Leave to File SAC 504
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...led to establish any right to additional piece rate compensation (see 8:8‐9); 3. was not entitled to monetize unused sick time (see 9:6‐7); 4. was not owed additional unused vacation time (and was in fact overpaid, see 10:1‐3); 5. was entitled to $80 in work expenses, plus $10.10 in accrued interest (see 10:8‐16). Pursuant to Labor Code §98.2(a), within 10 days after service of notice of a Labor Commission award, either the employee or t...
2022.12.05 Motion for Protective Order Re Punitive Damages 848
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ... This is a malicious prosecution case. Plaintiffs Siamak Michael Rahimi and Rahimi & Co. (the “Rahimi parties”) were accountants of Defendants Behrouz Farzad, Nasrin Farzad, Ali Farzad, Farbod Farzad, Elite Pros, Inc. and Lyons Capital Investments LLC (the “Farzad parties”). The Farbod parties sued the Rahimi parties for voluntarily producing their tax-related documents in a separate action during a deposition and without a subpoena. Thei...
2022.12.05 Motion for Terminating Sanctions 277
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...
2022.12.05 Motion for Terminating Sanctions 277
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...
2022.12.05 Motion to Approve PAGA Settlement 464
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...rtConnect rather than in person due to the COVID-19 pandemic. On August 17, 2021, Plaintiff Akanksha Massey filed a Complaint against Defendant Children Of The Night for PAGA penalties due to Defendant's alleged failure to “(1) Provide all rest and meal periods; (2) Indemnify for necessary work-related expenditures; (3) Pay all wages earned for all hours worked at the correct rates of pay; (4) Issue accurate and complete itemized wage statement...
2022.12.05 Motion to Compel Arbitration 410
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ervices Joinder to Motion to Compel Arbitration are granted. Background Plaintiff filed the Complaint on May 24, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff alleges that he was subjected to discriminatory and harassing conduct based on age. Plaintiff did not receive an offer of permanent employment while younger individuals did obtain permanent employment. Plaintiff alleges the following ca...
2022.12.05 Motion to Compel Deposition 028
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...a legal action against her former employer. In doing so, he assisted her in mediating and entering a settlement agreement. Plaintiff further alleges that Defendant forced to sign the settlement agreement without giving Plaintiff enough time to review and comprehend it. Defendant now moves for an order compelling Plaintiff's deposition. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Plaintiff's Deposition is GRANTED. Plaintiff i...
2022.12.05 Motion to Compel Further Responses 327
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ction, to Special Interrogatories, Set 1, numbers 1, 4, 5, 27, 28, 29, 30, 33, 34 and 35. Additionally, Cross-Complainant William Vilches dba Prestige Builders requests sanctions in the amount of $2,985.00 against Braa and its attorney, Areg Sarkissian, jointly and severally. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of an agreement allegedly entere...
2022.12.05 Motion to Quash Deposition Subpoena 462
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ring into an appropriate protective order that would preclude the dissemination of the information discovered. BACKGROUND: On February 1, 2019, Plaintiff filed his Complaint against Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC to allege the following causes of action related to an automobile accident: (1) Negligence; (2) Violation of Vehicle Code Sections 20001 and 20003; (3) Violation of Vehicle Co...
2022.12.05 Motion to Tax Costs 593
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ed in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley...
2022.12.05 Motion to Vacate and Set Aside Entry of Default, to Quash Service of Summons 759
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...Inc., C.P. Food Products, Inc., C.P. Foods, Inc., and C.P. Foods West, Inc. (1)-(2) Responding Party: Plaintiff Eva D'Avella T/R: SPECIALLYLY APPEARING DEFENDANTS' MOTION TO SET ASIDE DEFAULT JUDGMENT IS GRANTED. SPECIALLYLY APPEARING DEFENDANTS' MOTION TO QUASH IS GRANTED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represente...
2022.12.05 Motion to Vacate Judicial Reference Order 285
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...mplaint against Swall Heights, LLC on a cause of action for violation of Civil Code § 895, et seq. On June 17, 2021, Plaintiff filed its First Amended Complaint against Defendant on causes of action for: (1) violation of Civil Code § 895, et seq.; (2) fraud; and (3) negligent misrepresentation. On December 21, 2021, pursuant to a stipulation by the Parties, the Court entered its Order, which among other things, ordered the Parties to submit a f...
2022.12.05 Motion to Vacate Order 738
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ivil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shal...
2022.12.05 Application to Enforce Settlement Agreement 520
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ... LLC on causes of action for breach of written contract, accounting, and common count. On September 29, 2021, pursuant to Plaintiff's oral request, the Court dismissed with prejudice this matter due to the Parties' settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 25, 2022, Plaintiff filed its Ex Parte Application...

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