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2020.10.27 Motion for Protective Order 444
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.27
Excerpt: ...y The court considered the moving, opposition, and reply papers. RULING The motion is CONTINUED to November 17, 2020, at 8:30 a.m. to allow counsel to meet and confer further and to reduce the number of special interrogatories, requests for production of documents, and requests for admission. The motion will go off calendar if the parties are able to come to an agreement. BACKGROUND On March 19, 2019, Luis Alfredo Perez filed a complaint against ...
2020.10.27 Demurrer, Motion to Strike 152
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.27
Excerpt: ...g, opposition, and reply papers. RULING The demurrer is OVERRULED. Defendants are to file an answer within ten days. BACKGROUND On February 14, 2020, plaintiff Miriam J. Lebental, Esq. filed a complaint for declaratory relief against Warren Ritzer and Joel K. Liberson, Esq. On April 24, 2020, plaintiff filed an amendment designating Trial & Appellate Resources, P.C. (“TAR”) as Doe 1. LEGAL AUTHORITY When considering demurrers, courts read the...
2020.10.23 Motion to Compel Further Responses 442
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.23
Excerpt: ...et One The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to Nos. 18 and 24 to the extent defendant has not yet produced responsive documents that it has agreed to produce. Defendant is ordered to produce responsive documents within 15 days. The motion is DENIED as to Nos. 29-32. BACKGROUND On May 17, 2019, Nicholas Franco filed a complaint against American Honda Motor Co. Inc. for violation of statutor...
2020.10.23 Demurrer 087
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.23
Excerpt: ...tion, and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st, 2 nd, 3 rd, 4 th, 6 th, and 7th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action. BACKGROUND On December 4, 2019, plaintiff Stephen A. Schlesinger filed a complaint against Edward Djang for (1) breach of fiduciary duty, (2) breach of contract, and (3) declaratory relief. On March 16, 2020, plaintiff filed a FAC....
2020.10.22 Motion for Summary Judgment, Adjudication 314
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.22
Excerpt: ...n for Summary Judgment or, in the alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the summary judgment. BACKGROUND On June 15, 2018, plaintiff Cassandra Lee Webster filed a complaint against Jennifer C. Chu, M.D. and Providence Little Company of Mary Medical Center Torrance for (...
2020.10.21 Motion to Stay Proceedings 475
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.21
Excerpt: ...DINGS Dept. U 8:30 a.m. October 21, 2020 I. BACKGROUND This action came to trial on July 16 and 17, 2018. The Court issued its proposed Statement of Decision on August 3, 2018 and entered judgment on September 21, 2018. The first amended judgment was entered on October 22, 2018 in favor of Westlake Village Marketplace, LLC (Plaintiff) on the first cause of action for breach of contract against West American Roofing (Defendant). The principal sum ...
2020.10.21 Motion to Compel Deposition, for Production of Docs 622
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.21
Excerpt: ...thin his Deposition Notice Pursuant to CCP §2025.480 (3) Motion for an Order Permitting Discovery of Defendant Winters' Financial Condition The court considered the moving, opposition, and reply papers. RULING The motion to compel Vol. II of Casey Winters' Deposition is GRANTED. Defendant Casey Winters is ordered to attend the second session of his deposition within the next 20 days on a mutually agreeable date and time. The motion to compel Win...
2020.10.20 Motion for Use of Peace Officer Personnel Records (Pitchess) 045
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.20
Excerpt: ...he moving papers. RULING The motion is GRANTED. Defendants City of Hermosa Beach and Hermosa Beach Police Department shall be permitted to use and disclose as necessary the peace officer personnel records of plaintiff as follows: 1. Personnel records and files maintained on plaintiff documenting his performance, or lack thereof, including the general personnel file the City's custodian of records maintains on plaintiff as defined in Penal Code §...
2020.10.08 Motion to Disqualify 482
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.08
Excerpt: ...nd reply papers. RULING The motion is DENIED. BACKGROUND On January 13, 2020, Edward Contreras filed a complaint against Uvonna Denise Eskridge, Kevin David Preus, Uber Technologies, Inc, and Rasier, LLC for (1) negligence, (2) negligent hiring/retention of an unsuitable employee, (3) negligent entrustment and supervision, (4) willful misconduct, and (5) vicarious liability based on a vehicle collision that occurred on January 11, 2019 with plain...
2020.10.08 Motion for Summary Adjudication 536
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.08
Excerpt: ...and reply papers. RULING The motion for summary adjudication is GRANTED. BACKGROUND On December 13, 2017, plaintiff Chike Collins Obi filed a complaint against defendant El Dorado Enterprises, Inc. dba Larry Flynt's Hustler Casino for (1) malicious prosecution, (2) abuse of process, and (3) violation of Bus. and Prof. Code §17200. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a ...
2020.10.02 Demurrer 438
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.02
Excerpt: ...19STCV02507 In 19STCV02507, on January 24, 2019, plaintiff Allen Rubin filed a complaint against defendant Russel G. Varon for IIED and sexual battery, stemming from an incident in 1979. On July 1, 2019, the court sustained defendant's demurrer with leave to amend. On July 17, 2019, plaintiff filed a Certificate of Merit. On July 19, 2019, plaintiff filed a FAC. Plaintiff alleges that in the summer of 1979, when he was 17 years old, he drank alco...
2020.10.01 Motion for Preliminary and Permanent Injunction 412
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.01
Excerpt: ...lemann, as trustee of The Allemann Trust FBO Pierre Allemann Motion for Preliminary and Permanent Injunction The court considered the motion, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On June 10, 2020, plaintiff Cvetanka Pavlovski, ind. and as trustee of The Jovan Cvetanka Pavlovski Revocable Trust filed a complaint against defendant P. Isabelle Allemann, as trustee of The Allemann Trust FBO Pierre Allemann for (1) neg...
2020.10.01 Motion for Summary Judgment 956
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.10.01
Excerpt: ... Motion for Summary Judgment The court considered the moving papers and notice of non-opposition filed by plaintiff. RULING The motion for summary judgment is GRANTED. BACKGROUND On November 14, 2018, plaintiff Robert Joseph Yrigoyen filed a complaint against Arthrex, Inc., Glenn J. Huber, M.D., Beach District Surgery Center LP, and Coastal Ortho f/k/a Torrance Orthopaedic & Sports Medicine Group for (1) negligence, (2)-(5) strict products liabil...
2020.09.30 Motion to Compel Arbitration and Stay Action 136
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.30
Excerpt: ...nbroner Motion for an Order Compelling Plaintiffs to Arbitrate the Controversy and Staying the Superior Court Action The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court severs at para. 12: “However, any award (including compensatory and punitive damages, fees and other costs), regardless of the nature of the dispute, shall not exceed the lesser of: (a) 3 times the amount of the prevailing party...
2020.09.30 Motion for Leave to Conduct Mental Exam 622
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.30
Excerpt: ...ING The motion is GRANTED. See order below. BACKGROUND On December 13, 2018, plaintiff Jared Liebers filed a complaint against Casey Winters, William Russell Henryson, and Ian Matthew Rees for negligence, battery, assault, and IIED. LEGAL AUTHORITY “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provisions, if the plaintiff has placed his or her physical or mental conditio...
2020.09.25 Motion to Compel Further Responses 917
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.25
Excerpt: ...the moving, opposition, and reply papers. RULING The motion is GRANTED in part and DENIED in part. The motion is GRANTED as to Nos. 7 (pursuant to protective order – confidentiality order), 16, 19 (limited to “within California”), 34 (limited to those that apply to the subject vehicle), 38 (limited to 2019 to the present), and 41 (limited to “within California”). The motion is DENIED as to Nos. 10, 17, 18, 21, 42, 51, and 59. BACKGROUND...
2020.09.24 Demurrer 405
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.24
Excerpt: ...e demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th cause of action. BACKGROUND On September 5, 2019, Jane HC Doe, a minor by and through her guardian ad litem, Kim. S, filed a complaint against Torrance Unified School District and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn train or educate, (4) constructive fraud (Civil Code §1573), (5) IIED, (6) sexual abuse and harassment in th...
2020.09.17 Motion for Summary Judgment, Adjudication 226
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.17
Excerpt: ...onsidered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On March 1, 2019, plaintiff Minoo Amiraftabi Shafii filed a complaint against Natgen Premier, Karim Mali, and MPX Insurance Services for (1) breach of insurance contract, (2) tortious breach of the implied covenant of good faith and fair dealing, (3) declaratory relief, (4) negligence, (5)...
2020.09.17 Motion for Leave to File Complaint 578
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.17
Excerpt: ...c. Motion for Leave to File First Amended Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant is ordered to file its FACC within fifteen days. BACKGROUND On January 2, 2018, plaintiff MWSK Properties, LLC filed a complaint against defendant South Bay Montessori School for (1) declaratory and injunctive relief and (2) nuisance. Plaintiff alleges that it is the owner of real...
2020.09.17 Demurrer 236
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.17
Excerpt: ...The demurrer is OVERRULED as to the 1 st, 2 nd, and 3 rd causes of action. Defendant is ordered to file an answer within five days. BACKGROUND On March 12, 2020, plaintiff South Bay Credit Union filed a complaint against Citibank US NA dba BRP Credit Card and BRP US Inc. for (1) breach of agreement, (2) conversion, and (3) deceptive business practices. On July 10, 2020, plaintiff filed a FAC. LEGAL AUTHORITY When considering demurrers, courts rea...
2020.09.16 Motion to Set Aside Right to Attach Order, to Quash Writ of Attachment, to Increase Required Undertaking 757
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.16
Excerpt: ... Undertaking The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On August 30, 2019, plaintiff EDPO LLC dba Expo Propane filed a complaint against Destination Shuttle Services, LLC, Brain Lott, Jack Lott, National Transportation Inc., NTI-CA Inc. dba NTI Ground Trans, John Kindt, James Gleich each dba Destination Shuttle Services for (1) breach of written contract, (2) breach of oral agreement, (...
2020.09.16 Motion to Compel Responses, to Deem Truth of Facts, to Compel Deposition 993
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.16
Excerpt: ...s to Special Interrogatories, Set 1 (3) Motion to Compel Defendant Shek's Responses to Demand for Production of Documents, Set 1 (4) Motion to Deem the Truth of Facts in Plaintiff's Request for Admission, Set 1 Admitted (5) Motion to Compel Deposition of Defendant Shek The court considered the moving, opposition, reply, supplemental opposition, and supplemental reply papers. RULING The motions to compel responses to form interrogatories, special ...
2020.09.15 Motion to Compel Deposition of PMQ, to Quash Subpoenas 442
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.15
Excerpt: ...l Deposition of Employee and PMQ for Defendant Allegis Group, Inc. The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. Counsel are ordered to meet and confer within the next five days as to available dates for depositions to be held within the next 30 days. BACKGROUND On September 12, 2019, Josefina Lucero filed a complaint against Aerotek, Inc., Allegis Group, Inc., and Aracely Delgadillo for motor vehi...
2020.09.15 Motion for Summary Judgment, Adjudication 738
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.15
Excerpt: ...urt considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on summary judgment. Defendant is ordered to submit a proposed judgment of dismissal forthwith. BACKGROUND On June 21, 2019, plaintiff David Alomatsi (self-represented) filed a complaint against Kindred Hospital for (1) negligence/medical malpractice, (2) negligent hiring an...
2020.09.15 Motion for Summary Adjudication 886
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.15
Excerpt: ... on February 5, 2020) The court considered the moving, opposition, and reply papers, oral argument, and the supplemental briefing. At the hearing on July 15, 2020, the court issued a tentative ruling and heard argument. The hearing was continued to August 14, 2020, and the parties were allowed to file supplemental separate statements. On August 14, 2020, the court provided new deadlines for defendants to file supplemental separate statement and/o...
2020.09.11 Demurrer, Motion to Strike 578
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.11
Excerpt: ...ers. RULING The demurrer is OVERRULED as to the 3 rd cause of action in the FAC. The motion to strike is GRANTED as to para. 38 and prayer for punitive damages. The motion is DENIED as to para. 22. BACKGROUND On January 2, 2018, plaintiff MWSK Properties, LLC filed a complaint against defendant South Bay Montessori School for (1) declaratory and injunctive relief and (2) nuisance. Plaintiff alleges that it is the owner of real property located at...
2020.09.04 Motion to Compel Further Responses 051
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.04
Excerpt: ... opposition, and reply papers. RULING The motion is GRANTED as to Nos. 10, 16, 19 (limited to “within California”), 34, 38 (“limited to 2019 to the present”), and 41 (limited to “within California”). The motion is DENIED as to Nos. 7, 17, 18, 21, 42, 51, and 59. BACKGROUND On November 22, 2019, plaintiff Mayra Moreno filed a complaint against Nissan North America, Inc. for violations of statutory obligations under the Song-Beverly Con...
2020.09.04 Application for Determination of Good Faith Settlement, Motion to Amend Pleadings 153
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.04
Excerpt: ...sition, and reply papers. RULING The motion is GRANTED. The court ORDERS that any and all present and future claims against Buu Van Tran, by or on behalf of joint tortfeasors or co-obligors are barred. BACKGROUND On May 16, 2019, Fanny Dillard filed a complaint against Southern California Edison, Herman Weissker Power, Inc., and Buu Van Tran. On June 14, 2019, plaintiff filed a FAC for (1) negligence, (2) breach of contract, (3) misrepresentation...
2020.09.03 Motion to Quash Service of Summons 525
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.03
Excerpt: ... proof of service of the summons and complaint filed on February 24, 2020 is deemed quashed. BACKGROUND On June 13, 2019, Marisol Marcus filed a complaint against Tony Oliva and Michael Grant Construction Services, Inc. for (1) sexual battery in violation of Civ. Code 1708.5, (2) battery, (3) IIED, (4) negligence, and (5) negligent hiring. Plaintiff alleges that on July 11, 2017, defendant Oliva committed acts of civil sexual battery. While attem...
2020.09.03 Motion to Quash Deposition, for Issue and Evidence and Monetary Sanctions, to Stay Deposition 738
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.03
Excerpt: ... The court considered the moving and opposition (filed on Dec. 12, 2019) papers. RULING The motion is DENIED. BACKGROUND On June 21, 2019, plaintiff David Alomatsi (self-represented) filed a complaint against Kindred Hospital for (1) negligence/medical malpractice, (2) negligent hiring and retention, (3) NIED, and (4) IIED. LEGAL AUTHORITY CCP §1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, ...
2020.09.03 Motion to Bifurcate Mandamus Proceedings 045
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.09.03
Excerpt: ...d POBR Claims from Plaintiff's Labor Code Section 1102.5 Cause of Action The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED as to bifurcation. The causes of action for writ of mandamus and POBR are bifurcated for trial from the cause of action under Labor Code §1102.5. The motion is DENIED as to staying the Labor Code §1102.5. BACKGROUND On January 15, 2020, plaintiff Michael Frilot filed a complaint aga...
2020.08.28 Motion to Quash Subpoena or for Protective Order 075
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.28
Excerpt: ... JP Morgan Chase Bank, or, alternatively, Issue a Protective Order The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On January 21, 2020, Armagan Kayra and SAMA USA 2 LLC filed a complaint against Benedict Sirimanne aka Sriyantha Ben Sirimanne and CSDS Asset Management LLC for (1) promissory estoppel, (2) breach of oral contract, (3) negligent misrepresentation, (4) intentional misrepresentati...
2020.08.28 Motion to Compel Further Responses 983
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.28
Excerpt: ...opposition, and reply papers. RULING The motion is DENIED as to Nos. 7, 10, 16-19, 21, 24, 34, 38, 41-42, 51, and 59-61. BACKGROUND On November 1, 2019, plaintiff Judith A. Avila filed a complaint against Nissan North America, Inc. for violations of statutory obligations under the Song-Beverly Consumer Warranty Act. LEGAL AUTHORITY 45-Day Rule: This motion must be served within 45 days after service of the response in question (extended if served...
2020.08.28 Motion to Compel Further Responses 550
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.28
Excerpt: ...r Responses to Request for Production, Set One The court considered the moving and opposition papers. RULING The motion to compel further responses to form interrogatories is DENIED. The motion to compel further responses to request for production is GRANTED only to the extent that defendant is ordered to provide a privilege log as to any privileged, responsive documents within 20 days. BACKGROUND On September 12, 2016, plaintiffs Jackie Robinson...
2020.08.27 Motion to Quash Subpoena 766
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.27
Excerpt: ...reply papers. RULING The motion is GRANTED. BACKGROUND On September 3, 2019, plaintiff Carey F. McLaughlin filed a complaint against Kathleen McManus- Peloso for (1) breach of promissory note, (2) breach of deed of trust, and (3) breach of fiduciary duty. On January 7, 2020, the court overruled defendant's demurrer. On June 29, 2020, plaintiff filed a FAC. DISCUSSION Defendant requests an order quashing the deposition subpoena for the production ...
2020.08.27 Motion for Summary Judgment, Adjudication 897
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.27
Excerpt: ...gment or, in the alternative, Summary Adjudication of Issues The Court considered the moving, opposition, and reply papers. As mentioned below (see Section III(B)(1), infra), the Court refuses to consider Plaintiff's notice of errata. RULING The Court DENIES Defendant Jackie Weissman's motion for summary judgment. The Court GRANTS IN PART Defendant's the motion in the alternative for summary adjudication as further explained below. Specifically, ...
2020.08.27 Demurrer, Motion to Strike 235
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.27
Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On December 2, 2019, plaintiff Barbara Stafford filed a complaint against Parking Concepts, Inc., City of Redondo Beach, City of Hermosa Beach, and The Wave for (1) motor vehicle negligence, (2) general negligence, and (3) viol...
2020.08.25 Motion for Summary Judgment, Adjudication 897
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.25
Excerpt: ...gment or, in the alternative, Summary Adjudication of Issues The Court considered the moving, opposition, and reply papers. As mentioned below (see Section III(B)(1), infra), the Court refuses to consider Plaintiff's notice of errata. RULING The Court DENIES Defendant Jackie Weissman's motion for summary judgment. The Court GRANTS IN PART Defendant's the motion in the alternative for summary adjudication as further explained below. Specifically, ...
2020.08.21 Motion for Summary Judgment, Adjudication 389
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.21
Excerpt: ...eply papers. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the summary judgment. BACKGROUND On April 30, 2019, plaintiff Ana Mejia filed a complaint against Hyundai Motor America for violation of statutory obligations under the Song Beverly Act. LEGAL AUTHORITY The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to ...
2020.08.21 Demurrer, Motion to Strike 997 (2)
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.21
Excerpt: ... RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On November 6, 2019, plaintiff Pacific Anvest Enterprises, LLC filed a complaint against Coastline Equity, Inc. and George Mayer for (1) breach of contract, (2) accounting, (3) breach of fiduciary duty, and (4) negligence per se – violation of Bus. and Prof. Code §10145. LEGAL AUTHORITY When considering demu...
2020.08.20 Demurrer, Motion to Strike 306
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.20
Excerpt: ...osition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the FAC and each of the causes of action as to defendants John Buckley and Equity Building Inspection. The motion to strike is MOOT in light of the ruling on the demurrer. BACKGROUND On March 28, 2019, plaintiffs Todd Butler and Mariam Butler filed a complaint against David Narvaez, Daleen Narvaez, John Buckley, and Equity Building Inspection for (1) fraud �...
2020.08.18 Motion to Compel Further Responses 971
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.18
Excerpt: ...ories, Set One. As to Muhammad Khan 2. Motion to Compel Further Responses of Muhammad Khan to Form Interrogatories, Set One. The court considered the moving papers. RULING The motions are GRANTED, in part. Defendant PennyMac Loan's Motion to Compel Further Responses to its Form Interrogatories, Set One, from Farida Khanum Nos. 2.5 – 2.7, 6.2 – 6.6, 7.1, 8.7 – 8.8, 9.2, 10.1, 11.2, 14.1 – 14.2, 50.1, and 50.3, is GRANTED. The motion is DEN...
2020.08.18 Motion for Summary Judgment, Adjudication 322
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.18
Excerpt: ...g, opposing, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On April 2, 2019, plaintiff American Express National Bank filed a complaint against defendant Erec Fitzgerald for common counts of open book account and accounts stated based defendant's failure to pay the balance due on his American Express credit card account. LEGAL AUTHORITY The purpose of a motion for sum...
2020.08.14 Motion for Summary Adjudication 886
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.14
Excerpt: ...nsidered the moving, opposition, and reply papers. RULING The motion for summary adjudication is GRANTED as to the 5 th cause of action for declaratory relief. BACKGROUND On May 15, 2018, plaintiffs Cynthia Hu and Steven Lee filed a complaint against Jacobo Balairon, Vivian Nguyen, and J & B Veterinary Services, Inc. for (1) breach of oral contract, (2) breach of implied covenant of good faith and fair dealing, (3) fraud, (4) unjust enrichment, a...
2020.08.14 Motion for Determination of Good Faith Settlement 807
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.14
Excerpt: ... Good Faith Settlement The court considered the moving papers. RULING Defendant/Cross-Complainant County of Los Angeles' Motion for Determination of Good Faith Settlement is GRANTED. The court ORDERS that in this action, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative ...
2020.08.13 Motion for Summary Judgment 108
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.13
Excerpt: ...otion for summary judgment or, in the alternative, motion for summary adjudication is DENIED in its entirety. BACKGROUND On February 1, 2019, Plaintiff Vivian Jean Walker-McPherson filed a complaint against George De Bose for (1) breach of contract, (2) promissory fraud, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud (intentional misrepresentation), (5) fraud (negligent misrepresentation), and (6) fraud (false promis...
2020.08.12 Motion to Compel Further Responses, for Summary Judgment, Adjudication 665
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.12
Excerpt: ...pel Further Responses to Request for Production of Documents The court considered the moving and opposing papers. RULING Defendant's Motion to Compel Further Responses to Defendant's Request for Production of Documents, Set One, is GRANTED. Plaintiff is to produce responses with in 20 days of this order. Sanctions are awarded in the reduced amount of $3,340 BACKGROUND On July 31, 2019, Plaintiff Frank Fasano as trustee of The Fasano Living Trust ...
2020.08.12 Motion to Approve Payment of Civil Penalties to California Labor and Workforce Development Agency of Settled Case 554
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.12
Excerpt: ...ered the moving papers. RULING Plaintiff Mina Nguyen's Motion for Order Approving Payment of Civil Penalties to the California Labor and Workforce Development Agency of Settled Case is GRANTED. BACKGROUND On June 25, 2019, Plaintiff Mina Nguyen, individually and on behalf of all other aggrieved employees, filed this PAGA representative action complaint against Defendants Fantasy Beauty & Spa, LLC and Nickie Dinh. Plaintiff alleges Defendant Fanta...
2020.08.11 Motion for Determination of Good Faith Settlement 463
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.11
Excerpt: ...America, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. The court ORDERS that in this action, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative fault against Toyota be and are dismissed with prejudice. Any and all present and future claims against T...
2020.08.07 Demurrer, Motion to Strike 405
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.07
Excerpt: ...and reply papers. RULING The demurrer to the fourth cause of action asserted in the First Amended Complaint is SUSTAINED without leave to amend. The motion to strike is GRANTED without leave to amend. BACKGROUND On September 5, 2019, Plaintiff Jane HC Doe, a minor by and through her guardian ad litem, Kim S., filed a complaint against Defendant Torrance Unified School District (“TUSD”) and Dalan Anthony Johnson for (1) negligence, (2) neglige...

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