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2020.11.04 Motion for Summary Judgment, Adjudication 331
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.11.04
Excerpt: ...tions of Michael D. Marsh (¶ 13) and Christopher Anderson (¶ 15) are SUSTAINED. Defendants Premiere Medical Center of Burbank, Inc. and Michael Marsh's (collectively, “Premiere”) evidentiary objections to the declaration of Stephen King are OVERRULED. To meet its initial burden on summary judgment, NHP presents the declaration of Stephen King, president of NHP's managing agent. (King Decl. ¶ 1.) King declares that Premiere stopped paying r...
2020.10.30 Demurrer 575
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.30
Excerpt: ...contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.” (Careau & Co. v. Security Pacific Business, Inc. (1990) 222 Cal.App.3d 1371, 1395.) Here, the allegations do not go beyond a contractual breach. While plaintiffs allege that defendants, including moving defen...
2020.10.30 Motion to Compel Further Responses 475
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.30
Excerpt: ...ot. These three motions concern Special Interrogatories, Set Two, Nos. 99-112, 114, and 115; Request for Production of Documents, Set Two, Nos. 53-55; Request for Admission, Set Two, Nos. 24-26; and Form Interrogatory, Set Two, No. 17.1. After the motions were filed, on October 16, 2020, the day the oppositions were due, plaintiff served supplemental responses to the subject discovery. (Sugapong Supp. Decl. ¶ 9 & Exs. D-G.) Defendant maintains t...
2020.10.23 Motion to Set Aside Default Judgment 184
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.23
Excerpt: ...hem on November 20, 2019 and the default judgment entered against them on March 16, 2020. Code of Civil Procedure section 473(b) provides in relevant part that, with respect to granting relief from entry of default and default judgment, “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistak...
2020.10.23 Demurrer, Motion to Strike 422
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.23
Excerpt: ...nd. The demurrer to the sixth cause of action is OVERRULED. The demurrer to the eighth through eleventh causes of action is disregarded, because these causes of action were not asserted against moving defendants. In light of the Court's ruling on the Demurrer, defendants Griffith Park Healthcare Center and Eugene Tito's Motion to Strike Portions of Complaint is DENIED as MOOT. As a preliminary matter, as plaintiff argues in the opposition, the de...
2020.10.16 Motion to Set Aside Default, Judgment, to Quash Service of Summons 177
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.16
Excerpt: ...RJN”) as to Exhibits 1-3 and 9-11 are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant Langham's requests for judicial note as to Exhibits 4-8 and 12-14 are GRANTED, pursuant to Evidence Code § 452(d). Defendant Langham seeks to set aside the default entered on January 8, 2013 and the default judgment ente...
2020.10.16 Motion for Attorney Fees 411
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.16
Excerpt: ...curred in defense of the complaint and prosecution of the cross-complaints. The Court finds that defendants are the prevailing parties because they succeeded in obtaining summary judgment against plaintiffs. (CCP § 1032(a).) The lease between defendants Elvir Babakhanloo and Levik Amirkhanian and plaintiff Karen Bagdoyan provides: “If any legal action or proceedings be brought by either party of this Agreement, the prevailing party shall be re...
2020.10.09 Motion to Require Filing of Undertaking 531
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.09
Excerpt: ...D. Defendants' evidentiary objections to the declaration of Richard H. Lee are SUSTAINED. Pursuant to CCP § 1030(b) and (c), the Court shall require a plaintiff residing outside the State of California to file an undertaking if there is a reasonable possibility that the moving defendants will obtain judgment in this action. Defendants Fashion Park Villas-Owners Association and Beven & Brock Property Management Company, Inc. seek an order requiri...
2020.10.09 Motion to Quash Service of Summons, Service of Process 425
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.09
Excerpt: ...of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) Here, the proof of service of summons filed on June 12, 2020 indicates that defendant Jingfan Lu was purportedly substitute served on June 6, 2020 at 14 S Fair Oaks Ave, Pasadena, CA 91005-1906. It is undisputed that defendant One Zo Boba is located at this address. (Compl. ¶ 12; Ex. B t...
2020.10.09 Motion to Enforce Settlement 003
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.09
Excerpt: ...(c). The Settlement Agreement was signed by plaintiff on February 26, 2020 and by defendant Volkswagen Group of America, Inc. on February 27, 2020. (Jacoby Decl. ¶ 4 & Ex. 2.) Accordingly, the Closing Date under paragraph 2.3 of the Settlement Agreement, by which the vehicle surrender and settlement payment must occur, was 45 days from the date of plaintiff's execution of the Settlement Agreement, namely, Saturday, April 11, 2020. If the vehicle...
2020.10.09 Motion to Compel Further Responses 075
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.09
Excerpt: ...titious Business Statement filed with the Los Angeles County Registrar by Family Practice of Glendale, Inc. is GRANTED, pursuant to Evidence Code § 452(c). With respect to Request for Admission (“RFA”) No. 2, plaintiff contends that defendant Family Medical Center's response is inconsistent because defendant states that Dr. Adina Cappell saw plaintiff at Family Medical Center, but that Dr. Cappell was employed by Adventist-Health Glendale. I...
2020.10.09 Motion for Leave to File Amended Complaint 819
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.09
Excerpt: ...opposition to the demurrer, and its reply to plaintiffs' opposition are DENIED as unnecessary in determining the merits of the instant motion. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 [“Although a court may judicially notice a variety of matters (Evid. Code, § 450 et seq.), only relevant material may be noticed”].) Inter Valley Escrow's request to take judicial notice of the June 26, 2020 minute order regarding Inter...
2020.10.02 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.02
Excerpt: ...TAINED without leave to amend as to the second (Negligent Hiring, Retention and Supervision Practices), third (Gross Negligence), and fourth (Breach of Contract) causes of action. A. Second Cause of Action: Negligent Hiring, Retention & Supervision With respect to the second cause of action for Negligent Hiring, Retention and Supervision Practices, plaintiff still fails to allege that Fitness International, LLC (“Fitness”) knew or should have...
2020.10.02 Motion to Confirm Arbitration Award 012
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.02
Excerpt: ...clude an affidavit indicating that the request was served on defendants' attorney of record or defendants. If plaintiffs do not know the address, then plaintiff must state that fact in the affidavit. The request for entry of default filed on November 5, 2019 as to the First Amended Complaint filed on July 17, 2019 does not include the required affidavit. (See Item 6 in 11/5/19 Request for Entry of Default.) Accordingly, the default entered agains...
2020.10.02 Motion to Amend and Withdraw Admissions 899
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.10.02
Excerpt: ... judgment in this matter. As noted in the Court's February 19, 2019 order vacating the judgment, until the judgment was vacated, the Court was without jurisdiction to grant relief with respect to the discovery order on the requests for admission. On May 13, 2020, the Court of Appeal affirmed the February 19, 2019 order vacating the judgment. Remittitur was issued and filed with the Superior Court on July 31, 2020. The Court now has jurisdiction t...
2020.09.25 Motion to Strike, Demurrer, for Protective Order, to Compel Responses 161
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.25
Excerpt: ...Rodriguez's position that he does not accept fax and email service for purposes of this litigation. (Rodriguez Decl. ¶ 8.) Although professionalism and courtesy might counsel a different approach under the circumstances, mandatory acceptance of email service under Cal. Rule of Court 2.251(c)(3) and Emergency Rule of Court 12 does not apply here, because, even though he may be an attorney, Rodriguez is a self- represented party in this action. I....
2020.09.25 Motion to Compel Further Responses, for Production of Docs 354
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.25
Excerpt: ...respect to Request Nos. 1 and 2, which ask for documents reflecting damage and repairs to the subject vehicle prior to plaintiff's purchase, defendant's supplemental responses served on September 11, 2020 comply with CCP § 2031.220 because defendant stated that it complied in full and produced all responsive documents in its possession, custody, or control. Insofar as plaintiff contends the produced documents (including warranty claim records an...
2020.09.25 Motion for Summary Judgment, for Leave to File Amended Complaint 017
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.25
Excerpt: ...ndants contend they did not have a duty to ensure that the sump lid through which plaintiff fell on June 24, 2017 was in a reasonably safe condition. Charles Montoya, a wholesale account manager at Anabi Oil Corporation (“Anabi”), declares that Pasadena Shell, Inc. (“Pasadena Shell”) is responsible for maintenance of the property and keeping the premises safe for all persons. (Montoya Decl. ¶ 3.) Montoya also declares that Pasadena Shell...
2020.09.18 Motion for Summary Judgment, Adjudication 357
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.18
Excerpt: ... §§ 452(c) [official acts of the legislative, executive, and judicial departments of any state]; 452(h) [facts not reasonably subject to dispute]; Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518 (“Official acts include records, reports and orders of administrative agencies”].) With respect to Issue No. 1, defendants seek summary adjudication of plaintiff Vipulkumar Patel's claim to the extent plaintiff seeks compensation for damages purport...
2020.09.18 Demurrer 531
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.18
Excerpt: ...tiff fails to state that defendants' alleged negligence was a substantial factor in the death of decedent Huan Chia Tseng. (See CACI 400 [third essential element of Negligence cause of action]; 430 [defining “Causation: Substantial Factor”].) When read as a whole, the Complaint adequately alleges that, if the pool had proper lighting and readily accessible lifesaving equipment, Tseng would not have died. (Compl. ¶¶ 16-17 [describing alleged...
2020.09.18 Demurrer 111
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.18
Excerpt: ...ded from amending complaints to omit harmful allegations, without explanation, from previous complaints to avoid attacks raised in demurrers or motions for summary judgment. [Citations omitted].'” (State ex rel. Metz v. CCC Info. Servs., Inc.) (2007) 149 Cal. App. 4th 402, 412. Defendants argue that, in the original Complaint, plaintiff Aussie Mex, S.A. de C.V. (“Aussie”) does not allege that defendants Hong and Eum were officers of Groupo ...
2020.09.11 Motion to Tax Costs 313
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.11
Excerpt: ...imited civil case, the Court should exercise its discretion under CCP § 1033(a) to reduce or deny plaintiff Corey Prather's costs. Although the jurisdictional limit in a limited civil case is $25,000 (CCP § 85(a)), in addition to the $12,000 the jury awarded plaintiff/cross-defendant Corey Prather (“plaintiff”) against defendant Ben Garcia, plaintiff also obtained a $15,000 settlement from Albert Garcia, Rene Garcia, Michele Mokhatas, GNG R...
2020.09.11 Motion to Strike and Demurrer 122
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.11
Excerpt: ...xhibits B and C is GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) On June 22, 2020, the Court granted plaintiff's motion for leave to file her proposed First Amended Complaint. In so doing, the Court explicitly noted plaintiff's apparent lack of diligence in prosecuting this action generally and her dilatory cond...
2020.09.11 Motion for Interlocutory Judgment 533
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.11
Excerpt: ...and/or Setting of Expedited Trial Date is DENIED. On the current showing, plaintiffs do not meet their burden to demonstrate the right to partition. CCP § 872.210(a) states, “A partition action may be commenced and maintained by any of the following persons: . . . (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently o...
2020.09.11 Demurrer, Motion to Strike 811
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2020.09.11
Excerpt: ... a claim for fraudulent concealment, plaintiff must allege: (1) that defendant concealed or suppressed a material fact; (2) that defendant was under a duty to disclose the fact to plaintiff; (3) that defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; (5) that plaintiff suffered...

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