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2023.08.29 Motion for Leave to File FACC 077
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.29
Excerpt: ...P (“Green Court”), Infinity Plumbing Inc. (“Infinity”), and others. On November 3, 2022, Green Court filed an answer and a cross-complaint against Infinity and Marco Marquez. On January 6, 2023, Infinity and Marco Marquez filed an answer to Green Court's cross-complaint. On August 2, 2023, Green Court filed a motion for leave to file a first amended cross- complaint (“FACC”). The Court may, in its discretion and after notice to the ad...
2023.08.24 Motion to Compel Arbitration 276
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.24
Excerpt: ... Services Inc., asserting a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On February 14, 2023, Defendant filed a motion to compel arbitration and dismiss the action. Plaintiff's request for judicial notice is denied as irrelevant. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to ...
2023.08.24 Motion for Judgment on the Pleadings 729
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.24
Excerpt: ...iled an answer. The Complaint seeks injunctive relief for (1) unlawful business practices under the Unfair Competition Law (“UCL”), (2) unfair business practices under the UCL, (3) violation of the False and Misleading Advertising Law (“FAL”), and (4) violation of the Consumer Legal Remedies Act (“CLRA”). On November 8, 2022, the Court granted Defendant's motion for a stay pending the resolution of Henry v. Nissin Foods (U.S.A.) Co., ...
2023.08.24 Motion to Compel Further Discovery Responses 413
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.24
Excerpt: ...car Valle filed this action against Defendants Santa Clarita Studios Corp. (“Defendant”), Santa Clarita Studios Inc., and Santa Clarita Studios. Plaintiff later dismissed Santa Clarita Studios Inc. and Santa Clarita Studios. On June 24, 2022, Plaintiff served Request For Production, Set One on Defendant. Defendant did not timely serve responses, and when it did on November 28, 2022, Plaintiff contended that the responses were deficient. After...
2023.08.22 Motion to Strike 484
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.22
Excerpt: ...ts of the University Of California (erroneously also named as UCLA Health Systems and Ronald Reagan Hospital Department of Pharmacy). On May 10, 2023, Defendant filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts a...
2023.08.22 Motion to Set Aside Default, Judgment 980
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.22
Excerpt: ... judgment on May 13, 2021. On May 3, 2022, the Court granted in part Defendant's motion to vacate default and default judgment. The Court vacated the May 13, 2021 default judgment. The Court denied the request to vacate the December 3, 2020 entry of default, finding that the motion was untimely under Code of Civil Procedure section 473 and that Defendant did not show extrinsic fraud, extrinsic mistake, a meritorious defense, or diligence in seeki...
2023.08.22 Motion to Confirm Sale of Real Property 760
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.22
Excerpt: ...utory judgment for partition by sale of the property commonly known as 440 South Wilton Place, Los Angeles, CA 90020 (“Property”). On February 16, 2023, the parties stipulated to the appointment of Kevin A. Singer as Partition Referee. On July 24, 2023, the Partition Referee filed a motion for confirmation of the sale of the Property. Defendant Old Republic National Title Insurance Company (“Old Republic”) filed an objection. LEGAL STANDA...
2023.08.17 Motion to Approve Proposition 65 Settlement and Consent Judgment 454
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.17
Excerpt: ...c. and T.J. Maxx of CA LLC for civil penalties and injunctive relief based on violations of Health & Safety Code section 25249.6 et seq. On June 30, 2023, Plaintiff filed this motion to approve a consent judgment entered into with Defendant GMA Accessories, Inc . Plaintiff asserts that the consent judgment is fair and reasonable to the parties, serves the public interest, has been submitted for review to the Office of the Attorney General of Cali...
2023.08.17 Motion for Leave to File Amended Answer 465
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.17
Excerpt: ... On November 19, 2019, Defendant filed an answer. On July 13, 2023, Defendant filed a motion for leave to file an amended answer. The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings ...
2023.08.17 Motion for Leave to Amend Complaint 732
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.17
Excerpt: ...first amended complaint, and on August 5, 2021, he filed a second amended complaint. The SAC alleges legal malpractice arising from Defendants' representation of him and his wife in Riverside County Case No. RIC1719974. (E.g., SAC ¶¶ 15 & Ex. 2.) On July 18, 2023, Plaintiff filed a motion for leave to file a third amended complaint (“TAC”). Defendants' request for judicial notice of documents including the Notice of Appeal in Jennifer Peiyi...
2023.08.15 Motion for Leave to File TAC 388
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.15
Excerpt: ...d Inc., and Jason Shadpour as Trustee of the JK Land Trust (erroneously sued as JK Land Trust). The complaint alleged breach of lease, fraud, unjust enrichment, and rescission/restitution. On January 28, 2022, the parties filed a stipulation for Plaintiff to file a first amended complaint (“FAC”) adding a new cause of action for breach of fiduciary duty. Following Defendants' demurrer to the FAC, Plaintiff filed a second amended complaint (�...
2023.08.15 Motion for Approval of PAGA Settlement 228
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.15
Excerpt: ...Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a Gross Settlement Amount of $300,000.00. Of that amount, up to $105,000.00 (35%) will be paid as attorney fees, up to $20,000.00 will be paid as costs, and up to $20,00.00 will be paid to a settlement administrator. (Moon Decl., Ex. 1 at p. 5, ¶ 3.2.) Of the remaining amount, 75-percent will be paid to the Labor and Workforc...
2023.08.15 Motion to Strike, Demurrer 255
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.15
Excerpt: ...y Jung, Propent Real Estate Inc., B&B Investment Properties LLC (collectively, “Defendants”), and others dismissed with prejudice. On August 15, 2022, the Court of Appeal reversed the dismissal with directions to permit the filing of an amended complaint. Remittitur issued on October 20, 2022. On November 14, 2022, Plaintiffs Sok Hun Yun and Sung Yun Ahn filed a second amended complaint (“SAC”) alleging (1) fraudulent conveyance; (2) acco...
2023.08.15 Motion for Summary Judgment 128
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.15
Excerpt: ...tion Department) alleging (1) failure to provide accommodation in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to engage in the interactive process in violation of FEHA; (3) disability and age discrimination in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, retaliation, and harassment in violation of FEHA. On June 9, 2022, Defendant filed a motion for summary judgm...
2023.08.15 Motion for Terminating Sanctions 767
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.15
Excerpt: ...“Defendant”). On September 27, 2021, Plaintiff filed a first amended complaint that added Cedars Sinai Medical Center as a defendant and alleged additional causes of action. Default was entered against Defendant on August 2, 2022. On December 8, 2022, Defendant filed a motion to set aside the default. On January 13, 2023, the Court (Department 30) granted the motion. Defendant also filed a demurrer and later filed an answer. On March 15, 2023...
2023.08.15 Petition to Compel Arbitration 305
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.15
Excerpt: ...ding LLC and Carol Baker Real Estate Inc. Respondents' request for judicial notice is denied as irrelevant. When seeking to compel arbitration, the movant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the opponent to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers...
2023.08.14 Motion to Seal Certificates of Merit and Certificate of Corroborative Facts 736
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.14
Excerpt: ... seal the certificates of merit and certificate of corroborative facts, permit service, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certificates o...
2023.08.11 Motion to Compel Further Responses 887
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.11
Excerpt: ... a Request for Inspection and Production of Documents and Other Things, Set Six, Requests Nos. 186-199. (Anglin Decl. ¶ 4.) Defendant responded on August 31, 2022, but Plaintiff believed the responses were deficient. (Anglin Decl. ¶ 5; see Anglin Decl. ¶ 6.) On October 3, 2022, Plaintiff filed a Notice of Hearing Date on Motion to Compel Further Responses. On July 7, 2023, Plaintiff filed a joint statement and a memorandum of points and author...
2023.08.01 Motion to Compel Deposition of Expert Witness or to Exclude Expert from Testifying at Trial 256
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.08.01
Excerpt: ... 8:30 AM Au gust 1, 2023 On January 12, 2023, Plaintiffs Victor Coronado and Philip Dimaggio (collectively, “Plaintiffs”) filed this action against Defendant General Motors, LLC (“Defendant”) and Does 1 through 20, inclusive, asserting two causes of action under the Song-Beverly Consumer Warranty Act: (1) breach of implied warranty of merchantability and (2) breach of express warranty. The Complaint alleges that on September 4, 2017, the ...
2023.07.31 Application to Seal Certificates of Merit 584
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.31
Excerpt: ...e custody and care of Defendants. On July 27, 2023, Plaintiff filed an ex parte application to seal the certificates of merit and certificate of corroborative facts, permit service on Doe Defendants, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in ...
2023.07.27 Motions to Compel Further Responses, to Compel Deposition 084
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.27
Excerpt: ...ORDER GRANTING IN PART MOI'S MOTION TO COMPEL LAWRENCE'S FURTHER RESPONSES TO RFPs, SET THREE; ORDER GRANTING IN PART MOTION TO COMPEL DEPOSITION Dept. 48 8:30 a.m. Jul y 27 2023 On July 22, 2021, Philip Lawrence and Philmar Studios Inc. filed this action against Patrizio Moi, Moi Productions Inc., and The Record Plant, alleging (1) intentional misrepresentation; (2) false promise; (3) fraudulent inducement; (4) violation of the Unfair Competitio...
2023.07.27 Motions to Compel Depositions, for Sanctions 588
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.27
Excerpt: ...ions of Plaintiffs Boris Gorbis and Eda Gorbis. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to them by their first names and intend no disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) If a party fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and production. (Code Ci...
2023.07.27 Motion for Attorney Fees 660
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.27
Excerpt: ...Plaintiff filed a motion for attorney fees and a memorandum of costs. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended ...
2023.07.25 Demurrer 035
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.25
Excerpt: ... Rosa Barry as personal representative of the Estate of Francisco Edgardo Paredes. The Complaint alleges (1) breach of contract, (2) account stated, and (3) promissory estoppel arising from Paredes's failure to pay all amounts due for legal services. On March 17, 2023, Defendant filed a demurrer. Defendant's request for judicial notice of the proof of service is granted. A demurrer for sufficiency tests whether the complaint states a cause of act...
2023.07.25 Demurrer, Motion to Strike 316
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.25
Excerpt: ...hobanian, M.D. On November 21, 2022, Defendant filed a demurrer and motion to strike. On May 3, 2023, Plaintiff filed a Notice of Errata re: FAC. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 2...
2023.07.25 Motion to Withdraw Deemed Admissions, for Summary Judgment, Adjudication 923
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.25
Excerpt: ...Cordova filed this action against Defendants Long Spring Freight LLC, A&D Hauling Services, Grace Hsiao Hui, and Vincent Hui. The Complaint alleges (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) whistleblower retaliation; (4) violation of Labor Code section 6310; (5) negligence; (6) constructive discharge in violation of public policy; (7) violation of Labor Code sections...
2023.07.20 Motion to Continue Hearing, for Stay, to Compel Further Responses, to Quash and Dismiss, Demurrer, Motion to Strike 031
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.20
Excerpt: ...ISMISS; CONTINUING HEARINGS ON DEMURRER AND MOTION TO STRIKE; CONTINUING CASE MANAGEMENT CONFERENCE Dept. 48 8:30 a.m. Jul y 20, 2023 On March 30, 2023, Plaintiffs Michael J. Kiely and MDMK Ltd. filed a second amended complaint against Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. On April 28, 2023, Defendants filed an amended motion to quash service of summons for lack...
2023.07.20 Motion for Summary Judgment, Adjudication 222
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.20
Excerpt: ...fie & Khoshbin Dental Corp. and Torrance Dental Center, alleging (1) discrimination based on sex/pregnancy; (2) retaliation; (3) failure to prevent discrimination; and (4) wrongful termination based on public policy. On May 5, 2023, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. PROCEDURAL DEFICIENCIES “Separate statements are required not to satisfy a sadistic urge to torment lawyers, but rather to...
2023.07.20 Motion for Relief from Waiver, to Compel Responses to Deem RFAs Admitted 524
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.20
Excerpt: ... ADMISSIONS ADMITTED Dept. 48 8:30 a.m. July 20, 2023 On September 27, 2021, Plaintiff Brandy Lynn Sparks filed this action against Defendant General Motors, LLC On April 27, 2023, Plaintiff filed (1) a motion to compel production of documents for Request for Production, Set One (CRS #: 038926198601); (2) a motion to compel written responses to Interrogatories (Special and Form), Set One (CRS #: 676766873693); and (3) a motion to deem Requests fo...
2023.07.20 Motion for Approval of PAGA Settlement 220
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.20
Excerpt: ...ey General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a total of $195,000.00. Of that amount, up to $65,000.00 will be paid as attorney fees, $6,321.01 will be paid as costs, up to $6,689 will be paid to a settlement administrator, and $15,000.00 will be paid to Plaintiff. Of the remaining amount, 75-percent ($76,492.49) will be paid to the Labor and Workforce Developm...
2023.07.18 Motion for Sanctions 124
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.18
Excerpt: ...lleging breach of fiduciary duty and breach of contract. On February 28, 2022, Casa Mexico Enterprises LLC filed a first amended complaint. On April 19, 2022, Ruccione filed a cross-complaint against Casa Mexico Enterprises LLC, Michael A. Gooch, Robert Crossan, DV Capital Partners LLC (collectively, “Cross- Defendants”), and others. Ruccione's cross-complaint alleged, in part, hostile work environment, sexual harassment, sexual battery, gend...
2023.07.18 Demurrer, Motion to Strike 283
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.18
Excerpt: ... (1) sexual harassment in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) harassment and hostile work environment in violation of FEHA. On February 2, 2023, County of Los Angeles (“Defendant”) filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When consideri...
2023.07.13 Motion for Terminating Sanctions 160
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.13
Excerpt: ...tures, Inc., and Vincent Zadeh (erroneously sued as Vincent Mehdizadeh). The Court later entered default against Pineapple Park, LLC. On March 28, 2023, the Court granted Plaintiff's motions to compel Pineapple Ventures's and Zadeh's responses to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; and (3) Requests for Production of Documents, Set One. The Court ordered responses within 21 days. The Court also orde...
2023.07.13 Motion for Summary Judgment, Adjudication, Demurrer to FACC 999
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.13
Excerpt: ...TO FACC Dept. 48 8:30 a.m. Jul y 13, 2023 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this action against Forest Lawn Memorial-Park Association (“Forest Lawn”) and others. On October 21, 2022, Forest Lawn filed a first amended cross-complaint (“FACC”) against Weber and Shane Josef Weber alleging (1) breach of contract; (2) nuisance; (3) trespass; (4) fraudulent concealment; (5) implied equitable indemnity; (...
2023.07.11 Motion to Seal 121
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.11
Excerpt: ...documents, or portions thereof, filed in connection with (1) Defendant's opposition to Plaintiffs' motion for preliminary injunction; (2) Plaintiffs' complaint; and (3) Plaintiffs' motion for preliminary injunction. On April 13, 2023, the Court granted Plaintiffs' ex parte application to seal certain documents, or portions thereof, filed in connection with (1) Plaintiffs' complaint; and (2) Plaintiffs' motion for preliminary injunction. On April ...
2023.07.11 Motion to Compel Further Responses 877
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.11
Excerpt: ... and Scott Robinson Chrysler Dodge Jeep Ram for breach of warranties arising from the purchase of an allegedly defective vehicle and subsequent negligent repair. On February 28, 2022, Plaintiff served Requests for Production of Documents, Set One on FCA. On March 30, 2022, FCA served responses but did not produce documents other than the subject vehicle records. On November 18, 2022, Plaintiff filed a motion to compel further responses to RFP Nos...
2023.07.11 Motion to Compel Arbitration 134
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.07.11
Excerpt: ... unknown). The Complaint alleges (1) sexual battery; (2) gender violence; (3) civil rights violation; (4) sexual harassment; (5) unlawful retaliation; (6) unlawful discrimination; (7) wrongful termination in violation of public policy; (8) wrongful termination; (9) failure to prevent harassment, discrimination, and retaliation; (10) unlawful retaliation; (11) intentional infliction of emotional distress; (12) negligent supervision and retention; ...
2023.06.22 Motion for Reconsideration 765
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.22
Excerpt: ...ase of an allegedly defective vehicle from a non-party dealership. On March 21, 2023, the Court granted Defendant's motion to compel arbitration and stayed this action pending the completion of arbitration. On May 11, 2023, Plaintiff filed a motion for reconsideration. Within ten days of service of an order, a party may move for reconsideration based on new facts, circumstances, or law. (Code Civ. Proc., § 1008, subd. (a); see also Mink v. Super...
2023.06.22 Motion to Transfer, Coordinate, and Consolidate 182
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.22
Excerpt: ...kerage Company et al. (Case No. 22CV02809) against Coldwell Banker Residential Brokerage Company aka Coldwell Banker Realty, Realogy Brokerage Group LLC, and Jamie Duran in Santa Barbara County Superior Court. The Complaint alleges age and gender discrimination, hostile work environment harassment, failure to prevent and/or correct discrimination, wrongful constructive termination in violation of public policy, and intentional infliction of emoti...
2023.06.22 Motion to Transfer Venue 000
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.22
Excerpt: ...wport Landing) for violation of the Jones Act. On May 15, 2023, Defendant filed a motion to transfer venue. Under Code of Civil Procedure section 395, subdivision (a), the general venue rule is that “‘the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.' [Citation.]” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 837 (Fontaine...
2023.06.20 Motion to Amend Judgment 416
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.20
Excerpt: ...s Cafe, Inc. and Libasky Johanina Gutierrez-Tobar. On April 1, 2022, the Court entered judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $54,500.00 plus $1,685.00 in attorney fees and costs. On December 16, 2022, Plaintiff filed a motion to amend the judgment to add Nina's Cafe Bar, Inc. as a joint employer and alter ego judgment debtor. No oppositions were filed. Before the original March 9, 2023 hear...
2023.06.16 Motion to Compel Deposition of PMK 256
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.16
Excerpt: ... General Motors LLC for breach of warranties arising from the lease of an allegedly defective vehicle. On February 24, 2022, Plaintiffs noticed the deposition of Defendant's person most knowledgeable (“PMK”). On March 3, 2022, Defendant served objections. After meeting and conferring, the parties participated in an informal discovery conference on August 12, 2022. On April 17, 2023, Plaintiffs filed a motion to compel the deposition of Defend...
2023.06.16 Motion to Amend Judgment 416
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.16
Excerpt: ...s Cafe, Inc. and Libasky Johanina Gutierrez-Tobar. On April 1, 2022, the Court entered judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $54,500.00 plus $1,685.00 in attorney fees and costs. On December 16, 2022, Plaintiff filed a motion to amend the judgment to add Nina's Cafe Bar, Inc. as a joint employer and alter ego judgment debtor. No oppositions were filed. Before the original March 9, 2023 hear...
2023.06.15 Special Motion to Strike 977 (2)
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.15
Excerpt: ... filed this action against Diana Lands aka Diana Lands Nathanson (“Lands”) and Diana Lands Nathanson Design Inc. (“Design”), alleging (1) conversion/theft/embezzlement; (2) trespass to personal property; (3) breach of fiduciary duty; (4) fraudulent misrepresentation; (5) negligence; and (6) negligent misrepresentation. On September 26, 2022, Lands filed Case No. 22STCV31501 against Gervasi, alleging claims arising from sexual assaults. On...
2023.06.15 Demurrer 003 (2)
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.15
Excerpt: ...Adolfo Figueroa, Individually and as Administrator Of The Estate of Adiel Figueroa, Deceased. The Complaint alleges (1) breach of contract; (2) specific performance; (3) breach of good faith and fair dealing; (4) declaratory relief; and (5) injunctive relief. On December 20, 2022, Defendant filed a demurrer. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When consi...
2023.06.13 Motion to Seal 121
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.13
Excerpt: ...dging of documents under seal. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to a...
2023.06.13 Motion to Consolidate 977
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.13
Excerpt: ...V16977 and 22STCV31501. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court ef...
2023.06.13 Motion for Judgment Pursuant to Settlement 058
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.13
Excerpt: ...la. On May 16, 2023, Plaintiff filed a motion for judgment pursuant to the settlement. Courts may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 C...
2023.06.13 Motion for Earnings Withholding Order 885
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.13
Excerpt: ...mount of $805,000.00, jointly and severally. On September 15, 2022, the Court granted CNP Holdings LLC's motion for an assignment order and ordered that Joel Zubaid and his spouse Andrea Pinto Zubaid assign the right to rental income from certain properties to CNP Holdings LLC. On February 9, 2023, an acknowledgment of assignment was filed for CNP Holdings LLC's assignment of the judgment to KH Capital LLC. On May 12, 2023, KH Capital LLC filed a...
2023.06.13 Application Re Certificates of Merit 866
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.13
Excerpt: ...ion to seal the certificates of merit and certificate of corroborative facts, permit service, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certific...
2023.06.12 Motion for Summary Judgment, Adjudication 325
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.12
Excerpt: ...against Defendants Angela Diaz, Angela Yolanda Diaz, Dolores Fay Myrie (individually and trustee), and all persons unknown with an interest in the property. On March 29, 2023, Angela Diaz and Angela Yolanda Diaz (collectively, “Defendants”) filed a motion for summary judgment, or in the alternative summary adjudication. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we ref...
2023.06.08 Motion to Strike, Demurrer 255
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.08
Excerpt: ... Western Law Connection Corp., and others dismissed with prejudice. On August 15, 2022, the Court of Appeal reversed the dismissal with directions to permit the filing of an amended complaint. Remittitur issued on October 20, 2022. On November 14, 2022, Plaintiffs Sok Hun Yun and Sung Yun Ahn filed a second amended complaint (“SAC”) alleging (1) fraudulent conveyance; (2) accounting; (3) intentional infliction of emotional distress (“IIED�...
2023.06.08 Demurrers, Motion to Strike 603
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.08
Excerpt: ...er and Ida Marie Brun Folmann filed a first amended complaint (“FAC”) against Defendants An Feng aka Andrew Feng, Capriwell Construction Inc., Capriwell Development and Construction, Michelle Jones, and Graff Real Estate dba Ashby & Graff Real Estate. On January 9, 2023, An Feng, Capriwell Construction Inc., and Capriwell Development and Construction filed a demurrer to the third and fourth causes of action and a motion to strike. On January ...
2023.06.08 Motion for Summary Judgment 599
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.08
Excerpt: ...ions of building standards. The complaint alleges that Y&Y was the developer responsible for the construction and sale of the property, and I Park was a builder. On April 12, 2022, I Park filed a cross-complaint against Y&Y, alleging (1) implied contractual indemnity; (2) equitable indemnity; (3) express indemnity; (4) breach of express and implied warranties; (5) breach of written contract; (6) breach of oral contract; (7) breach of implied cont...
2023.06.08 Motion for Attorney Fees 763
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.08
Excerpt: ... named as Brandywine Pharamceuticals LLC) entered into a settlement agreement with Maxum Indemnity Company, BioZone Laboratories dba BioZone, Inc., Creative Concepts Holdings LLC, CCH Acquisition Group LLC, Evan Warshawsky, Jeffrey Kranzdorf, and Brent Godfrey, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement. On May 9, 2023, Plaintiff filed a motion to enforce the settlement. Cou...
2023.06.06 Motion to Compel IME 702
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.06
Excerpt: ...rning Centers LLC and Danika King. On May 5, 2023, Defendants filed a motion to compel the medical examination of Plaintiff. A party must obtain leave of court when seeking to obtain discovery by a physical examination by a mental examination. (Code of Civ. Proc., § 2032.310, subd. (a).) A motion for an examination shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty, if a...
2023.06.06 Motion to Compel Deposition of PMK 450
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.06
Excerpt: ...ant Southern California Edison Company. Plaintiff noticed the deposition of Defendant's Person Most Knowledgeable (“PMK”). Defendant served a response with objections, and the parties met and conferred. On February 9, 2023, Defendant served a supplemental response to the PMK Notice. On March 21, 2023, Plaintiff moved to compel further responses to the PMK Notice and to compel the deposition of Defendant's PMK. If a party or an officer, direct...
2023.06.06 Motion for Summary Judgment 995
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.06
Excerpt: ...efendants Anand Gopalsami MD MBA, Hrak Derderian MD, and Sassan Davoudi MD, following the death of Bilquis Begum. Sean Karim and Muntarin Karim dismissed their claims. Defendants Hrak Derderian and Sassan Davoudi were later dismissed. On March 20, 2023, Defendant Anand Gopalsami filed a motion for summary judgment. Plaintiff Enamul Karim did not file an opposition. FACTUAL BACKGROUND Bilquis Begum presented to the CSMC emergency department on the...
2023.06.06 Demurrer 009
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.06
Excerpt: ...rrer to the first cause of action for quiet title, the only cause of action brought against him. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) “Because a demurrer challeng...
2023.06.06 Motions for Determination of Good Faith Settlement 875
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.06
Excerpt: ...is action against Defendants Wilshire Manning Homeowners Association, Sofia Dacarett-Char, and Bahar Davidoff. On April 21, 2023, Bahar Davidoff filed an application for determination of good faith settlement with Plaintiffs. No objections were filed. On May 5, 2023, Wilshire Manning filed a motion for determination of good faith settlement with Plaintiffs. No objections were filed. Any party to an action with two or more joint tortfeasors may pe...
2023.06.01 Demurrer, Motion to Strike 102
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.01
Excerpt: ...nd O Holdings LLC ("Defendant") filed a demurrer to the second, sixth, and thirteenth causes of action with a motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal App_4th 740, 747.) When considering demurrers, couns read the allegations liberally and in context, accepting the alleged facts as tme_ (Nolte v. Cedars-Sinai Medical Center (2015) 236 1401: 1406.) 'Bec...
2023.06.01 Motion for Approval of PAGA Settlement 093
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.01
Excerpt: ...023 On June 23, 2021, Heather Scott filed a first amended complaint against Polly's Inc. and Polly's Pies Inc. in Case No. 21STCV09769_ On June 22: 2021: Sergio Palicio filed a first arnended complaint against Polly' s Inc., Polly's Pies Inc., Polly's Gourmet Coffee Inc., and Kentucky Fried Chicken of Polly' s Inc. (collectively, 'Defendants") in Case No. 21STCV11093 _ Both actions included a representative claim for penalties under the Private A...
2023.06.01 Motion for Approval of PAGA Settlement 769
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.01
Excerpt: ...023 On June 23, 2021, Heather Scott filed a first amended complaint against Polly's Inc. and Polly's Pies Inc. in Case No. 21STCV09769_ On June 22: 2021: Sergio Palicio filed a first arnended complaint against Polly' s Inc., Polly's Pies Inc., Polly's Gourmet Coffee Inc., and Kentucky Fried Chicken of Polly' s Inc. (collectively, 'Defendants") in Case No. 21STCV11093 _ Both actions included a representative claim for penalties under the Private A...
2023.06.01 Motion for Summary Judgment 068
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.01
Excerpt: ... (collectively, 'Defendants'), alleging (1) discrimination in violation of the Fair Employment and Housing Act ("FEHR); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination and retaliation in violation of FEHA; (7) declaratory judgment, and (8) wro...
2023.06.01 Motion to Compel Arbitration and Stay Proceedings 152
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.06.01
Excerpt: ...edly defective vehicle from a non-party dealership _ On November 29, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. Plaintiff did not file an opposition. DISCUSSION When seeking to compel arbitration of a plaintiffs claims: the defendant must allege the existence of an agreement to arbitrate. (Condee v. L.ongwood Management Corp. (2001) 88 215, 219.) The burden then shifts to the plaint...
2023.05.30 Motion for Determination of Good Faith Settlement 193
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.30
Excerpt: ...d Kathy Mehringer_ On May 2: 2023: Compass Califomia Inc. and Or Brodsky filed a motion for determination of good faith settlement with Plaintiff No objections were filed. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement (Code Civ. Proc_: 877.62 subd_ (a)(l)_) The court's approval of the settlement furthers two sometimes-competing policies. (1) the ...
2023.05.30 Motion for Summary Judgment, Adjudication 136
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.30
Excerpt: ...s action against Defendants Rodrigo Estrada, Rodrigo Estrada Jr_: Julie Leon (individually), Julie Leon (dba 24-7Res01utions); and Brenda Cano (dba 24- 7Res01utions)_ The Complaint alleges (1) violation of Civil Code section 1941.1 and Health and Safety Code section 17920.3; (2) breach of the warranty of habitability, (3) negligence; (4) nuisance; (5) landlord harassmentbreach of the covenant of quiet enjoyment; (6) invasion of privacy; (7) tresp...
2023.05.25 Motion to Continue as Survival Action, Demurrer to SAC, Motion to Strike 334
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.25
Excerpt: ...dant Seizmic: Inc. On January 30, 2023 Defendant filed a demurrer to the fifth and sixth causes of action. Defendant also filed a motion to strike. On March 2, 2023 Plaintiff s counsel filed this motion to continue the case as a survival action through Michelle Philips: the successor in interest for Plaintiff who is now deceased. No oppositions were filed. MOTION TO CONTLNUE CASE AS SURVIVAL ACTION ' 'A cause of action that survives the death of ...
2023.05.25 Motion to Compel Arbitration 793
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.25
Excerpt: ...sts and Attomey Fees against Respondents FN'IB Development LLC ("FMB Ilan Kenig: Elim Management Inc. ("Elim"): and Joel Haggin_ On May 12: 2023: FN'fB and Kenig (collectively: "Respondents") filed an opposition. Elim and Haggin did not file any oppositions. On May 18: 2023: Petitioner filed a Notice of Errata that corrected the exhibit numbers to correspond with the Petition's and declarations' citations. The Court uses the exhibit numbers as la...
2023.05.25 Demurrers 956
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.25
Excerpt: ... J. Serv-iss, Michael D. Collins: Beitchman & Zekian: P_C_, and David P. Beitchman_ The FAC alleges (1) conversion, (2) intentional interference with contractual relationship, (3) intentional interference with prospective economic advantage: and (4) aiding and abetting fraudulent transfers _ On October 17, 2022, Ford Sen-iss, LLP, CollinsIFord: LLP, William H. Ford 111, Claudia J _ Serviss, and Michael D. Collins (collectively, "Ford Defendants")...
2023.05.23 Motions to Relate and Consolidate Cases 694
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.23
Excerpt: ...t") Plaintiff sought a writ of mandate, damages for breach of contract and whistleblower retaliation, and injunctive relief. After a peremptory challenge to the first assigned judicial officer, the case was assigned to Department 86. On March 2, 2021 Plaintiff filed Jorge Mata v. Los Angeles Community College District, et al. , Case No. 21STCV08255, against Defendants Los Angeles Community College District, Francisco Rodriguez: and Ronald Delahou...
2023.05.23 Motion for Approval of PAGA Settlement 310
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.23
Excerpt: ...d representative claims and a claim for penalties under the Private Attomey General Act ("PAGA")_ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendant will pay a total of Of that amount, $38,500.00 will go to Plaintiff for his individual non-PAGA claims. Of the S 1,000 00 remaining for Plaintiffs individual PAGA claims: 75-percent ($750) will be paid to the Labor and Workforce Development Agency ("LWDA") a...
2023.05.23 Demurrer 902
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.23
Excerpt: ...r to the eighth, ninth, tenth, eleventh: and twelfth causes of action, the only causes of action brought against him. Defendant' s request for judicial notice is granted A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal App_4th 740, 747.) When considering demurrers, couns read the allegations liberally and in context, accepting the alleged facts as tme_ (Nolte v. Cedars-Sinai Medical Ce...
2023.05.23 Demurrer 146
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.23
Excerpt: ...ix causes of action under the Fair Employment and Housing Act ("FEHA") and the Labor Code: (1) discrimination; (2) retaliation; (3) failure to make reasonable accommodations; (4) failure to engage in the interactive process; (5) failure to prevent and/or remedy discrimination; and (6) nonpayment of wages and waiting time penalties. On October 26, 2022, Defendant filed a demurrer to the second through sixth causes of When considering demulTers: co...
2023.05.19 Motion to Enforce Settlement 401
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.19
Excerpt: ...ttlement with Defendant Yoriko Saneyoshi, individually and as Trustee ofthe Yoriko Saneyoshi Living Trust dated April 7, 1986. On March 29, 2022, Plaintiff filed a motion to enforce settlement and appoint an elisor_ Plaintiff sought an order appointing an elisor to execute (1) the Grant Deed pursuant to that certain Cenificate of Compliance for Int Line Adjustment, Parcel Map Exemption No. AA- 2017-4029 and to Confirm Title, and (2) Grant Deed fo...
2023.05.18 Motion for Approval of PAGA Settlement 647
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.18
Excerpt: ...A")_ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendant will pay a Gross Settlement Amount of $135,000.00. Of that amount, up to S472250 will paid as attorney fees, up to $12,000.00 will be paid as costs, and up to S72500 00 will paid to Plaintiff Some portion will also paid to a settlement administrator. Of the remaining amount: estimated to be $61,645.25 (Bradley Decl. 17), 75- percent will paid to the...
2023.05.18 Motion to Continue Trial 234
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.18
Excerpt: ...Marine Management Inc., and Cindy Chow-Snavely. On May 23: 2022: the parties submitted a stipulation to dismiss Tokio Marine America Insurance Company and Tokio Marine Management Inc. On May 31: 2022: Plaintiff filed a first amended complaint ("FACE) against Defendants HCC Service Company Inc., Tokio Marine America Insurance Company, Tokio Marine Management: Inc., and Cindy Chow-Snavely. Despite the prior stipulation to dismiss them, Tokio Marine...
2023.05.18 Motion to Compel Deposition, for Sanctions 098
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.18
Excerpt: ...elds, a minor by and through her Guardian Ad Litem, filed this action against Defendants Warner Center Summit LTD.; Dori T. Manusevitz; and GHP Management Corporation _ On September 7 , 2022, Plaintiff served a First Amended Notice for Manusevitz' s deposition. (Salahuddin Decl_, Ex. B.) On March 1, 2023, Manusevitz served an objection on the grounds that "the deposition date was unilaterally scheduled and Defendant and/or her counsel is unavaila...
2023.05.16 Motion for Attorney Fees 285
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.16
Excerpt: ...aratory relief, and (3) unlawful business practices in violation of Business and Professions Code section 17200 On February 23 and 24: 2022: the Court tried the section 172CH3 cause of action first in a bench trial, and on May 2: 2022: the Court issued its Statement of Decision: finding in favor of Saroyan on the third cause of action. On June 30: 2022: the Court granted Saroyan's motion for judgment on the pleadings on the first and second cause...
2023.05.16 Motion to Compel Deposition 256
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.16
Excerpt: ...warranties arising from the lease of an allegedly defective On February 24, 2022, Plaintiffs noticed the deposition of Defendant' s person most knowledgeable ("PMK')_ On March 3: 2022: Defendant served objections. After meeting and conferring, the parties participated in an informal discovery conference on August 12, 2022. On April 17, 2023, Plaintiffs filed a motion to compel the deposition of Defendant's PNIK with production of documents. If a ...
2023.05.11 Petition to Vacate Arbitration Award, to Confirm Arbitration Award 794
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.11
Excerpt: ...e & Co. (collectively, "Defendants"), alleging (1) racial discrimination; (2) disability discrimination; (3) retaliation; (4) harassment; (5) failure to prevent discrimination, retaliation, and harassment; (6) negligence and negligent infliction of emotional distress; (7) negligent hiring: supervision, and retention; (S) intentional infliction of emotion distress; (9) wrongåul termination in violation of public policy; and (10) battery _ On Marc...
2023.05.11 Motion for Summary Judgment, Adjudication 465
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.11
Excerpt: ...p L_P_), Scenic Industries LLC ("Scenic"), Bevin West LLC: and Does 1-100, alleging negligence and negligence per se. Plaintiff later named Video Tech Services Inc. ("VTS") as Doe 1 and Grandesign Advertising Firm Inc. ("Grandesign") as Doe 2. On November 22, 2019, Scenic filed a cross-complaint for (1) equitable indemnity; (2) contribution; and (3) declaratory relief Scenic later named VTS as Roe 1 _ On December 18, 2020, Scenic filed a first am...
2023.05.11 Motion for Earnings Withholding Order 885
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.11
Excerpt: ...intly and several ly On September 15, 2022, the Coun granted CNP Holdings LLC' s motion for an assignment order and ordered that JKr1 Zubaid and his spouse Andrea Pinto Zubald assign the right to rental income from certain properties to CNP Holdings LLC On February 9, 2023 an acknowledgment of assignment was filed for CNP Holdings LLC' s assignment of the judgment to KH Capital LLC. On March 3 2023 KH Capital LLC filed a motion for order to obtai...
2023.05.11 Demurrer to SACC 124
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.11
Excerpt: ... filed a first amended complaint alleging breach of fiduciary duty: aiding and abetting breach of fiduciary duty, breach of contract: conversion, conspiracy to commit conversion, and unjust enrichment. Casa Mexico later dismissed Gerardo Leywa-Buccio_ On October 19, 2022, the Court sustained in part a demurrer to Ruccione' s first amended cross-complaint ("FACC") u.ith leave to amend On November S, 2022, Ruccione filed a second amended cross-comp...
2023.05.09 Motion to Tax Costs, for Attorney Fees 066
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.09
Excerpt: ... U.S. Foodservice, Inc. On December 2, 2022, the Court entered judgment on the verdict On December 19, 2022, Plaintiff filed a verified memorandum of costs, seeking 55,132.80 in costs. On January 2023, Defendant filed a motion to tax costs. On January 10, 2023 Plaintiff filed a motion for attorney fees, seeking $1,292,197.20 in attomey fees On February 9, 2023 the Court granted in part Defendant' s motion for judgment notwithstanding the verdict ...
2023.05.09 Demurrer, Motion to Strike, to Stay PAGA Claim 930
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.09
Excerpt: ... Califomia Inc., Mrs. GoocW s Natural Food Markets Inc., and Keith Manbeck, arising from his employment u.ith Defendants. On January 9, 2023 the parties filed a stipulation for Plaintiff to dismiss Whole Foods Market Califomia Inc. and Keith Manbeck_ They did not file a proposed order for the Court's signature, nor did Plaintiff separately file Requests for Dismissal. Accordingly: on its own motion, the Coun now OR_DERS Whole Foods Market Califor...
2023.05.08 Motion for Leave to File Amended Complaint, to Deem RFAs Admitted 459
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.08
Excerpt: ...efendant Schuster Real Estate Co., Ltd. On July 6: 2022: Defendant filed an answer. MOTION FOR LEAVE TO AMEND On March 15 2023 Plaintiff filed a motion for leave to amend the complaint. Defendant did not file an opposition. The Coun may: in its discretion and after notice to the adverse party: allow an amendment to any pleading. (Code Civ. Proc_, 473, subd_ (a)(l)_) A motion to amend a pleading must include a copy of the proposed amendment or ame...
2023.05.08 Motion for Approval of PAGA Settlement 225
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.08
Excerpt: ...tative claim for penalties under the Private Attomey General Act ("PAGAN) _ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendants will pay no PAGA penalties in exchange for a dismissal of the PAGA claims with prejudice. A court must review and approve any penalties sought as part of a proposed settlement agreement pursuant to Labor Code section 2699. (Lab. Code S 2699, subd_ "[C]ivil penalties by aggrieved...
2023.05.02 Demurrer, Motion to Strike 545
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.02
Excerpt: ...dants'), alleging (1) trespass to chattels; (2) breach of the implied covenant of quiet enjoyment; (3) negligence; and (4) constmctive eviction. On October 11, 2022, Defendants filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal App_4th 740, 747.) When considering demurrers, couns read the allegations liberally and in context, accepting the ...
2023.05.02 Motion to Continue as Survival Action 334
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.02
Excerpt: ...l action through Michelle Philips: the successor in interest for Plaintiff who is now deceased. No oppositions were filed. ' 'A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent' s successor in interest _ _ _ and an action may be commenced by the decedent's personal representatives or, if none, by the decedent' s successor in interest" (Code Civ. Proc_: 377 _30_) After the de...
2023.05.02 Motion to Compel Further Responses 395
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.02
Excerpt: ...na filed this action against Defendants Limai Education: Inc. and Limai Holdings, Inc., arising from their employment The Complaint alleges (1) breach of contract; (2) promissory estoppel; (3) breach of the covenant of good faith and fair dealing; (4) fraud and concealment; (5) wrongåul termination in violation of public policy; (6) race/national origin discrimination; (7) failure to prevent, investigate, and/or remedy unlawftl harassment; (8) f...
2023.05.01 Motion to Compel Further Responses 877
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.01
Excerpt: ... Ram for breach of warranties arising from the purchase of an allegedly and subsequent negligent repair On February 28, 2022, Plaintiff Requests for Production of Documents, Set One on FCA_ On March 30, 2022, FCA served responses but did not produce documents other than the subject vehicle records. On November 18: 2022: Plaintiff filed a motion to cornrrl åurther responses toRFPNos_ 8: 12: 17: 20: 21: 23: 27: 30: 31: 33: 70-76 FCA did not timely...
2023.05.01 Motion to Compel Arbitration and Stay Proceedings 803
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.05.01
Excerpt: ..."Vista Ford") (collectively: 'Defendants'), arising from Plaintiffs purchase of an allegedly vehicle from a non- party dealer ship. On January 13, 2023 Defendants filed a motion to compel arbitration and stay the action pending completion of arbitration. At the April 6, 2023 hearing, the Court ordered supplemental briefing on the effect of Ford Motor Warranty Cases (Cal. ct App_, Apr. 4: 2023: No. B312261) 2023 WL 2768484 (Ochoa), and continued t...
2023.04.20 Motion to Compel Arbitration, to Stay Arbitration 301
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.20
Excerpt: ...�TLV”) Construction Inc. and Suretec Insurance Company (“Suretec”). The complaint alleges that TLV failed to pay PRC after PRC performed emergency mitigation services pursuant to a contract. On May 25, 2022, Suretec filed a cross-complaint against Theodore Gregory Lee and TLV for indemnity, reimbursement, and contribution. On July 7, 2022, TLV filed a cross-complaint against Eun Hee Song, JNH Roofing Inc. (“JNH”), and Jay Hahm (collecti...
2023.04.20 Motion for Summary Judgment, Adjudication 174
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.20
Excerpt: ... Defendant Razmer #3 LLC. On February 2, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice of pictures/maps (Exhibit A), emails and letters (Exhibit B), and links to websites about Avi Ryzman's real estate experience (Armas Decl. ¶ 13) is denied. These are not proper subjects of judicial notice. Plaintiff's request for ...
2023.04.20 Demurrer, Motion to Strike 291
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.20
Excerpt: ...les and Los Angeles County Department of Children and Family Services, alleging (1) violation of Child Abuse and Neglect Reporting Act (“CANRA”); (2) breach of mandatory duties; (3) breach of special duty arising under special relationship; (4) negligence; (5) negligent supervision; and (6) intentional infliction of emotional distress (“IIED”). On December 16, 2022, County of Los Angeles (“Defendant”) filed a demurrer and motion to st...
2023.04.18 Motion to Set Aside Default, Judgment 319
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.18
Excerpt: ... Nazarian. On January 23, 2020, the Court entered default against Defendant, and on August 2, 2021, the Court entered default judgment. On February 14, 2023, Defendant filed this motion to set aside the default and default judgment. Defendant included a copy of his proposed answer to the complaint. (Simons Decl., Ex. A.) LEGAL STANDARD The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excu...
2023.04.18 Motion to Compel Deposition, for Sanctions 702
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.18
Excerpt: ...a Perusset filed this action against Defendants Tutor Time Learning Centers LLC (“Tutor Time”) and Danika King. The Complaint alleges that Plaintiff was employed by Tutor Time, and King was Plaintiff's “employer, manager, corporate agent, and/or supervisor.” (Complaint ¶¶ 2, 5.) On March 16, 2023, Plaintiff filed a motion to compel King's deposition with production of documents, including a request for sanctions. On April 12, 2023, Plai...
2023.04.18 Motion to Compel Arbitration and Dismiss Action 647
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.18
Excerpt: ...n against Defendant Sunrise Foods LLC, asserting a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On January 11, 2023, Defendant filed a motion to compel arbitration and dismiss the action. No oppositions were filed. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbit...
2023.04.18 Motion for Preliminary Injunction 121
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2023.04.18
Excerpt: ...Valentin, Scott Brady, James Cavanagh, Antonio Herrera, Justin Bright, Alejandra Montano, Luis Quintana, Saxon Butcher, Alexander Boucher, Aaron Alaniz, Carlos Romero, Marcos Montano, Justin Willis, Gabriel Venegas, Aaron Castillo, Steve Santos, Meghan Caldwell, Keyshia Littleton, Trenton Lee Earnhardt, and OM Jaggi (collectively, “Plaintiffs”) filed this action (then assigned to Department 55) against Defendant T-Mobile USA Inc. The Verified...

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