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2020.08.03 Motion to Compel Arbitration and Stay Proceedings 767
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.08.03
Excerpt: ...tates, in relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists ….” “California law reflects a strong public policy in favor of arbitrat...
2020.07.31 Motion for Summary Judgment, Adjudication 075
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.31
Excerpt: ...ummary Adjudication is granted. Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evid. Code Section 452(d). The Court takes judicial notice of the existence of the Court's record in small claims case number 15S01956 but does not take judicial notice of the truth of any matter set forth in the record. “Taking judicial notice of a document is not the same as accepting the truth of its contents or acceptin...
2020.07.30 Motion for Attorneys' Fees, for Release of Bond, for Summary Judgment 150
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.30
Excerpt: ...f Trust states, in relevant part: “If … (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument … then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument …. Lender's actions can include, but are not limited to … (b) appearing in court; and (c) paying re...
2020.07.29 Demurrer, Motion to Strike 928
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.29
Excerpt: ... Complaint is overruled, in part, and sustained, in part, with 20 days leave to amend. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 430.41 and CCP § 435.5. (Declaration of Robert C. Jenkins, ¶¶ 2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the ...
2020.07.28 Motion for Judgment on the Pleadings 126
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.28
Excerpt: ...dant set forth a declaration in sufficient compliance with CCP § 439(a). (Decl., Adolfo B. Garber, ¶¶ 2-5.) Request for Judicial Notice Defendant's request for judicial notice of the orders of this Court is granted pursuant to Evid. Code § 452(d). Motion for Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Code Civ. Proc., § 438, ...
2020.07.24 Motion to Vacate and Set Aside Entry of Default, Quash Service of Summons and Complaint, Demurrer, Motion to Strike 818
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.24
Excerpt: ...uest for Judicial Notice Defendant's Request for Judicial Notice is granted pursuant to Evidence Code Section 452(h). Motion to Set Aside Default and to Quash Service Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to...
2020.07.21 Motion for Summary Judgment 771
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.21
Excerpt: ...-Defendant”) Objections Cross-Defendant's objections 1 to 5 and 11 are sustained. Cross-Defendant's objections 6 to 8 are overruled. The Court declines to rule on objections 9, 10, and 12. This evidence is directed to the issue of damages which is not relevant as a triable issue of fact exists regarding liability. The Court need only rule on those evidentiary objections that it deems material to disposition of the motion. CCP § 437c(q). Cross-...
2020.07.10 Demurrer, Motion to Compel Further Responses 854
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.10
Excerpt: ...th a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Kevin K. Heravi, ¶¶ 3-5.) Request for Judicial Notice Defendant's request for judicial notice of Exhibit A, the Minutes of the Regular Meeting of the El Segundo City Council, Sept. 2, 2014, is granted pursuant to Evidence Code Section 452(h). Defendant's request for judicial notice of Exhibit B, which is purported to be the “[f]ully executed Agreement No. 46...
2020.07.06 Demurrers, Motion to Consolidate 658
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.06
Excerpt: ...ce with CCP § 430.41. (Declaration, David Breitburg, ¶¶ 1-5.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judi...
2020.06.30 Application for Preliminary Injunction 612
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.06.30
Excerpt: ...,000 within 14 days of the hearing. Objections Defendant's objections 1 to 4 are sustained. Application for Preliminary Injunction “In determining whether to issue a preliminary injunction, the trial court considers two related factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that th...
2020.06.25 Demurrer 424
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.06.25
Excerpt: ...er declaration in sufficient compliance with CCP § 430.41. (Declaration, Greg K. Koeller, ¶¶ 6-7.) Demurrer First Cause of Action for Sexual Battery (Civ. Code § 1708.5) Defendant's demurrer to the first cause of action is sustained with 20 days leave to amend. Plaintiff fails to state facts sufficient to constitute a cause of action against demurring Defendant. Civ. Code, § 1708.5(a) states: “(a) A person commits a sexual battery who does...
2020.06.23 Demurrer 331
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.06.23
Excerpt: ...dant Gallagher Bassett Services, Inc.'s Demurrers to the First Amended Complaint (“FAC”) are sustained with 20 days leave to amend, in part, and without leave to amend, in part. The demurrers to the first through third causes of action are sustained with 20 days leave to amend. The demurrers to the fourth cause of action are sustained without leave to amend. Meet and Confer Defendants filed meet and confer declarations in sufficient complianc...
2020.03.17 Motion to Compel Production of Docs 260
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.03.17
Excerpt: ...ted her with illicit drugs and used her resulting helplessness to rape her. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Assault, (2) Battery, (3) General Negligence, (4) Negligent Hiring, Supervision, Retention, (5) Sexual Assault and Battery, (6) Sexual Harassment, (7) Gender Violence, (8) Negligent Per Se, (9) Sexual Battery, (10) Intentional Infliction of Emotional Distress, (11) Negligent Infliction of ...
2020.03.12 Demurrer, Motion to Strike 281
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.03.12
Excerpt: ...rt at 1957 Del Amo Blvd, Rancho Dominguez, California 90220. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of Third Party Beneficiary Contract; 2. Unjust Enrichment; 3. Breach of Implied Contract/Quantum Meruit; 4. Fraud/Intentional Misrepresentation Defendant MHA now demurs to the FAC and moves to strike the request for attorneys' fees from the prayer. An opposition and replies have been filed and cons...
2020.03.12 Demurrer 432
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.03.12
Excerpt: ...intiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) negligence/motor vehicle, and (2) ...
2020.03.05 Motion for Leave to File FAC 049
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.03.05
Excerpt: ...nts Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action in violation of Public Poli...
2020.03.03 Motion for Summary Judgment 786
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.03.03
Excerpt: ... to fulfill his monthly obligations but Defendants rejected his payments. Plaintiff executed the loan agreement with Household Finance Corporation (“HAC”) on January 26, 2006. Defendant Caliber began servicing the loan on August 1, 2016. The Third Amended Complaint (“TAC”) alleges the following causes of action: 1. Breach of Contact; 2. Breach of the Covenant of Good Faith and Fair Dealing 3. Violation of Statute The third cause of action...
2020.02.27 Motion for Summary Judgment 420
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.27
Excerpt: ...mary judgment, arguing that it is entitled to protection under the workers' compensation exclusivity rule. The motion is opposed. II. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C.C.P., § 437c(c).) "A moving party need only show it is entitled to the benefit of a presum...
2020.02.27 Motion for Summary Judgment 012
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.27
Excerpt: ...improper administration of epidural anesthesia and airway protection leading to Robles' severe brain injury. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Medical Malpractice; 2. Negligent Concealment/Negligent Misrepresentation; 3. Negligent Infliction of Emotional Distress; 4. Medical Battery Defendant St. Francis Medical Center now moves for summary adjudication as to the fourth cause of action. Defendants...
2020.02.27 Motion for Stay in Proceedings 433
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.27
Excerpt: ...clinic to speak with Defendant Kamson about a potential externship for her medical assistant program, Plaintiff was shown into a medical room to talk with Defendant. However, after a brief discussion about the externship program, Plaintiff asserts Defendant Kamson sexually assaulted her. Criminal charges have been filed against Defendant Kamson in Los Angeles County, Case No. YA1000507. Defendant Abdoulaye Diop, M.D., is a professional medical co...
2020.02.25 Motion for Attorney's Fees 875
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.25
Excerpt: ...postponed to December 7, 2019, when Defendant acquired counsel. Plaintiff also requested a continuance, and by agreement of the parties the current date of January 24, 2020 was set. Plaintiff dismissed the action on January 15, 2020. Defendant now moves for attorneys' fees under the Mobilehome Residency Law. The motion is unopposed. For the reasons set forth below, the Court denies the motion. II. Standard Code of Civil Procedure § 1033.5(a) lis...
2020.02.20 Motion for Determination of Good Faith Settlement 432
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.20
Excerpt: ... to turn left onto Alondra. Plaintiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) neg...
2020.02.20 Demurrer 264
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.20
Excerpt: ...ull amount owed under the contract, leaving $47,189.75 outstanding. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of Contract; 2. Promissory Fraud; and 3. Common Counts Defendants now demur to the FAC. An opposition and reply have been filed and considered. For the reasons set forth below, the Court finds as follows: I. Standard A demurrer tests the sufficiency of a complaint as a matter of law and rais...
2020.02.20 Demurrer 223
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.20
Excerpt: ...tiff. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Malicious Prosecution; 2. Abuse of Process; 3. Defamation, per se; 4. Intentional Infliction of Emotional Distress; 5. Negligent Infliction of Emotional Distress; and 6. Intentional Alienation of Parental Affection. Defendants now demur to the FAC. An opposition and reply have been received and considered. For the reasons set forth below, the Court finds as f...
2020.02.20 Application for Writ of Attachment 014
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.20
Excerpt: ...refusing to pay invoices as of August 2019. There is currently $2,016,722.81 in unpaid invoices. The Complaint alleges the following causes of action: 1. Breach of Contract; 2. Account Stated; and 3. Quantum Meruit Plaintiff now moves for a writ of attachment. An opposition and reply have been filed and considered. For the reasons set forth below, the Court grants the application. I. Standard “Attachment is a prejudgment remedy which requires a...
2020.02.06 Demurrer, Motion to Strike 187
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.06
Excerpt: ... strike the answer. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court finds as follows: II. Standard a. Demurrer A demurrer tests the sufficiency of a pleading as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of a pleading, the court must assume the truth of (1) the properly pleaded factual allegations; ...
2020.02.04 Demurrer 944
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.02.04
Excerpt: ...lleges that Wells Fargo improperly foreclosed on his property and that Ralph Partners failed to care for his personal property after his eviction from the property. The Fourth Amended Complaint (“FAC”) alleges the following causes of action: 1. Fraud and misrepresentation, 2. Negligence, 3. Bailment, and 4. Conversion Only the first cause of action is alleged against Defendant Wells Fargo, which now demurs to the FAC. An opposition and reply ...
2020.01.28 Demurrer 299
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.01.28
Excerpt: ...d instead sold it to a third‐party for greater profit. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Unjust enrichment; 2. Professional negligence and interference with opportunity; 3. Negligence; 4. Negligent misrepresentation; 5. Fraudulent misrepresentation; 6. Fraudulent concealment; 7. Breach of escrow contract; 8. Breach of implied covenant of good faith and fair dealing; 9. Unfair business practices ...
2020.01.23 Demurrer, Motion to Quash Deposition Subpoena 662
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.01.23
Excerpt: ...ion. Plaintiffs allege the intersection was dangerous because of a 49‐foot offset. Defendants also include the City of Paramount, the State of California, and Willdan Engineering (Doe 1). Defendant Garcia has filed a Cross‐Complaint against Defendant City of Paramount. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Negligence, and 2. Dangerous Condition of Public Property Defendant Willdan now demurs to the...
2020.01.16 Motion for New Trial, to Tax Costs 842
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.01.16
Excerpt: ...mirez attempted a reckless left turn, causing the collision. Defendants argued Defendant Ramirez had a green arrow, and that Plaintiff's sudden acceleration caused the collision. The case proceeded to a jury trial, where a verdict was rendered for the Defendants. Plaintiff now moves for a new trial and to tax costs. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court denies the motion for new trial a...
2020.01.16 Demurrer, Motion to Strike 720
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.01.16
Excerpt: ...tra Rea Diaz, who was admitted to Defendant Martin Luther King Jr. Community hospital with severe back pain. The Complaint alleges that she also developed a right foot injury and pressure injury to the sacrum area. She was later found without a pulse, and was unable to be resuscitated. Plaintiffs are currently self‐ represented. The Complaint alleges the following causes of action (“CoA”): 1. Wrongful Death (Medical Malpractice); 2. Surviva...
2020.01.07 Motion for Preliminary Injunction 234
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.01.07
Excerpt: ...stments, LLC (“ASI”), for help. The LLC is run by Defendants Timothy Ogburn and James Ogburn, who are brothers. On November 29, 2018, ASI agreed to lend Plaintiff $400,000 to pay off the reverse mortgage. ASI executed a deed of trust in favor of itself in the amount of $360,000 and executed a second deed of trust in for $40,000 in favor of Defendant Guliex. Defendant Guliex, a contractor, was to conduct repairs and construction on the propert...
2020.01.07 Demurrer 224
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.01.07
Excerpt: ...ongfully evicted him from the premises. Plaintiff is self‐ represented. The Complaint alleges causes of action for (1) Breach of Contract, (2) Conversion of Property, (3) Injunctive Relief. Defendants demur to the Complaint. No opposition has been received. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing ...
2019.9.26 Motion to Compel Further Responses 550
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.26
Excerpt: ...Asian Foods, Inc. Wismettac was insured by Plaintiff Travelers Property Casualty Company of America, which covered Wismettac's losses from the incident. Plaintiff has now filed suit against the following entities involved with the warehouse: Defendant Rexford Industrial‐1065 Walnut, LLC (owner), Defendant Rexford Industrial Realty and Management Inc., Defendant Rexford Industrial Reality Inc., and Defendant Prime Time Cold Storage, LLC (lessee)...
2019.9.26 Motion to Compel Arbitration and Stay Proceedings 049
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.26
Excerpt: ...aintiff's employer. Defendants Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action ...
2019.9.26 Motion for Judgment on the Pleadings 244
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.26
Excerpt: ...ff failed to make payments in 2008. In 2011, an assignment of deed of trust was executed in favor of Defendant Bank of New York Mellon, as trustee for the 2006‐BC5 Trust (“BONY”). Plaintiffs dispute this assignment. In 2013 a Notice of Default was recorded against the property, which, Plaintiffs allege, falsely claimed BONY possessed the power to foreclose on the property. In a letter dated September 15, 2017, Defendant Bayview Loan Servici...
2019.9.24 Motion to Dismiss or Require Bond 201
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.24
Excerpt: ... the corporations to enrich themselves. Global and AYT are joined as nominal Defendants. AYT is a taxi logistics business that provides services for 61 taxi cabs, as well as support for Global, which provides disabled individuals with paratransit services under a government contract. The relationship between the parties began to deteriorate in 2017. On June 5, 2018, Levertov's accountant visited Global and AYT to view their books. He conducted a ...
2019.9.24 Anti-SLAPP Motion to Strike, for Judgment on the Pleadings 077
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.24
Excerpt: ...er arrested for the theft of a phone. Hunter further alleges he was kept in jail for six days and the charges were later dropped. The Complaint alleges the following causes of action: (1) General Negligence; (2) Breach of Fiduciary Duty; (3) Defamation; (4) Assault; (5) Battery; (6) False Imprisonment; (7) Violation of Bane Act (Civil Code § 52.1) Defendant now moves to strike the Complaint as a strategic lawsuit against public participation (�...
2019.9.19 Application for Writ of Possession 149
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.19
Excerpt: ...he contract. The vehicle is a 2015 GMC Light Duty Sierra 3500 Crew Cab Denali 4WD. Plaintiff now applies for a writ of possession. The application is unopposed. As discussed herein, the application is granted. II. Standard To obtain a writ of possession, a plaintiff must show they have the right to immediate possession of tangible personal property, and the property is being wrongfully withheld by the defendant. (C.C.P., § 512.010; Englert v. IV...
2019.9.17 Demurrer 118
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.17
Excerpt: ...rty from Plaintiff to Defendant Thomas Knight (“Defendant”) and his now deceased wife Defendant Stella Knight. On April 11, 2018, Plaintiff filed his complaint that alleges the following causes of action: (1) Quiet title, (2) Cancellation of deed, (3) Fraud, (4) Constructive trust, (5) Declaratory relief, and (6) Forgery Plaintiff asserts against Defendant all causes of action except the sixth. On July 16, 2019, the Court granted Defendant's ...
2019.9.12 Motion to Quash 165
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.12
Excerpt: ...U.S. retailers. Reunited contracted with defendant Capital Logistics & Warehousing West, Inc. (“Capital Logistics West”), to store Reunited's goods and to fulfill Reunited's purchase orders. This contract involved a facility located within California and was signed by Defendant Paul Greenspan (“Greenspan”) on behalf of contracting parties labeled as “Capital Logistics & Warehousing Inc.,” “Capital Logistics & Warehousing,” and “...
2019.9.12 Demurrer, Motion to Strike 657
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.12
Excerpt: ...Louie”) (collectively “Defendants”) for breach of warranty of habitability, negligent maintenance of premises, and intentional infliction of emotional distress. On May 6, 2019, Defendants filed a demurrer and motion to strike. The demurrer and motion to strike were set for hearing on June 6, 2019. On May 7, 2019, Plaintiffs filed a first amended complaint (“FAC'), asserting causes of action for breach of warranty of habitability, negligen...
2019.9.10 Motion to Enforce Settlement Agreement and Obtain Judgment 615
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.10
Excerpt: ...he action resulted in a settlement agreement whereby the Defendants Richard Machut and Iron Mountain Woodworks agreed to restore the car by October 31, 2018 or agree to enter a stipulated judgment in the amount of $70,000. The Court retained jurisdiction under CCP § 664.6. Plaintiff now moves to enforce the settlement agreement and for judgment to be entered thereon. No opposition has been filed. For the reasons set forth below, the Court grants...
2019.9.10 Motion for Summary Judgment 135
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.10
Excerpt: ...gedly caused her mother's signature to be notarized and then forged the signature of her father, Jose Munoz. The Grant Deed was recorded with the Los Angeles County Recorder's office on July 21, 2005 by United Title Company. On February 11, 2008, Martha Munoz Martinez and Jose Jesus Martinez signed an Interspousal Grant Deed in favor of Jose Jesus Martinez. It was recorded by defendant Fidelity National Title Company. Jose Jesus Martinez then too...
2019.9.5 Demurrer, Motion to Strike 114
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.5
Excerpt: ...mant Pande performed an endoscopic retrograde cholangiopancreatography with sphincterotomy whereby Dr. Pande made several unsuccessful attempts to cannulate the common bile duct. Upon seeking further treatment, Plaintiff was informed that her bile duct had been removed. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Medical Negligence, 2. Battery, 3. Negligent Infliction of Emotional Distress, 4. Intentional In...
2019.9.5 Motion for Summary Judgment, Adjudication 368
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.5
Excerpt: ...fendant Anthony Bustamante conveyed the property to Plaintiff, so Defendant Bustamante's subsequent conveyance to Defendant Petrolla Avenue, LLC, was void. The issue is that the deed which purportedly conveyed the Property from Bustamante to Plaintiff spelled Bustamante's name as Bustamonte instead of Bustamante, so it did surface during the title search. There are three Defendant entities with similar names: (1) Petrolia Avenue Loan, LLC (“Pet...
2019.9.5 Motion to Vacate Entry of Default 110
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.9.5
Excerpt: ... refinanced the property with a loan from defendant Quicken Loans. The Complaint includes causes of action for conversion and quiet title. Default was entered against Defendant Davis on March 5, 2019. Davis was self‐represented until May 21, 2019, and is now represented by counsel. Davis now moves to have the entry of default set aside. An opposition, reply, and sur reply were filed. The sur reply is improper and was not considered. For the rea...
2019.8.29 Motion to Compel Arbitration 049
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.8.29
Excerpt: ...s Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action in violation of Public Policy...
2019.8.29 Demurrer, Motion to Strike 192
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.8.29
Excerpt: ...s responsibilities were to provide sponge baths and assist Plaintiff with dressing. On October 9, 2018, Plaintiff alleges Defendant Diaz did not raise the side rail on Plaintiff's hospital bed and rolled Plaintiff off the bed, resulting in her falling to the floor and fracturing her hip. The Complaint alleges the following causes of action: (1) General Negligence, (2) Elder/Dependent Adult Abuse Under Welfare & Ins. Code § 15657.23, (3) Declarat...
2019.8.22 Motion to Quash 093
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2019.8.22
Excerpt: ...ner. Upon arrival, the container was empty. Defendant Transatlantic Products and Shipping Services specially moves to quash service of the Summons and Complaint for lack of jurisdiction. Plaintiff opposes. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure § 418.10 allows a defendant to move to quash the service of the summons and complaint for improper service. In evaluating a motion to quash, “...

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