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2024.02.07 Motion to Strike 578
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.07
Excerpt: ...hat Defendants failed to respond and remediate his complaints of other residents smoking tobacco, marijuana and crack cocaine. Plaintiff alleges the noxious fumes penetrated and permeated his unit, exposing him to carcinogenic and nuisance chemicals in the air. Plaintiff alleges Defendants ultimately moved him to a new unit in response to his complaints. Plaintiff alleges that even in the new unit he was still exposed to second-hand smoke. Plaint...
2024.02.06 Motion to Bifurcate 212
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.06
Excerpt: ... Farrell, alleging that she was a squatter. Defendant Darshad died while the UD actions were pending. Plaintiff Farrell ultimately obtained a favorable judgment in the UD actions. Plaintiff also alleges that Defendant Darshad assaulted and battered her during her tenancy, made derogatory and threatening statements to her and forced her to wear hijabs. Plaintiff alleges Darshad also locked her out of the leased property multiple times. On February...
2024.02.06 Motion for Summary Judgment 756
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.06
Excerpt: ...nder on a loan secured by the property, sought to sell the property at a non-judicial foreclosure sale. Plaintiff Sunrise Projects, LLC (“Sunrise”) and Cross-Complainant Alvin Cox (“Cox”) each claim to be the highest bidder for the property under the provisions of a recently enacted statutory scheme which changes the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property a...
2024.02.06 Demurrer to SAC 003
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.06
Excerpt: ...l-monitoring device read all of his thoughts and memories. (Second Amended Complaint “SAC” ¶ 63.) On December 27, 2022, BDO sent Plaintiff a detailed letter setting forth the grounds for a demurrer to his initial complaint. (Declaration of Melvin B. Wu (“Wu Decl.”) at ¶ 2.) Plaintiff responded to BDO's letter on December 30, 2022, and agreed to file an amended complaint. (Id. at ¶ 3.) On January 12, 2023, Plaintiff filed the First Amen...
2024.01.25 Motion to Dismiss 992
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.25
Excerpt: ...herwise provided by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter.” CCP sectio...
2024.01.25 Motion for Summary Judgment, Adjudication 279
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.25
Excerpt: ...ts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party conten...
2024.01.25 Motion for Sanctions 566
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.25
Excerpt: ...nction . . ..” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP § 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, ...
2024.01.24 Motion to Compel IME 234
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.24
Excerpt: ...(2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(a).). In addition, “A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.” (Code Civ. Proc., § 2032.220(b).). “If a defendant who has demanded a physical examination under this article, on receipt of the...
2024.01.24 Motion to Compel Arbitration 673
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.24
Excerpt: ...ther an agreement is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic pol...
2024.01.24 Motion for Sanctions 023
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.24
Excerpt: ...tions need only show the failure to obey earlier orders. (Puritan Ins. Co. v. Superior Court (1985) 171 Cal.App.3d 877, 884 [interpreting former statute dealing with “refusal” to comply].) Numerous cases hold that severe sanctions (i.e., terminating or evidentiary sanctions) for failure to comply with a court order are allowed only where the failure was willful. (See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495;...
2024.01.24 Demurrer, Motion to Strike 521
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.24
Excerpt: ...ading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for th...
2024.01.23 Application for TRO 126
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.23
Excerpt: ...ourt hears Plaintiff's motion for preliminary injunction, which will be heard on March 7, 2024, at 8:30 a.m. Defendant submitted 51 objections to the declaration of Reza Farazamand. The Court sustains objections nos. 3, 5, 6, 8, 10, 12, 15, 16, 22-24, 26, 29, 33, 34, and 41-48. The remaining objections are overruled. The purpose of a preliminary injunction is to preserve the status quo pending final resolution upon a trial. (See Scaringe v. J.C.C...
2024.01.23 Motion for Summary Judgment, Adjudication 560
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.23
Excerpt: ...arties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit...
2024.01.23 Motion to Tax Costs 814
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.23
Excerpt: ...ered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “If the items appearing in a cost bill appear to be proper charges, the burden i...
2024.01.19 Motion for Good Faith Settlement Determination 013
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.19
Excerpt: ...e alleged tortfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining whether a...
2024.01.19 Motion for Good Faith Determination 329
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.19
Excerpt: ...tortfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining whether a settlemen...
2024.01.19 Motion for Attorney Fees 942
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.19
Excerpt: ...on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of motion t...
2024.01.18 Motion to Tax Costs 603
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.18
Excerpt: ...dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “If the items appearing in a cost bill appear to be proper charg...
2024.01.17 Motion to Bifurcate 739
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.17
Excerpt: ...the case [. . .]¿ The court, on its own motion, may make such an order at any time. [. . .]”¿ (CCP § 598.) “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the righ...
2024.01.17 Motion for Leave to Amend 421
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.17
Excerpt: ...(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) ...
2024.01.16 Motion for Sanctions 950
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.16
Excerpt: ...sanction . . ..” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP § 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees...
2024.01.16 Demurrer to FAC 131
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.16
Excerpt: ... the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the ...
2024.01.11 Motion to Tax Costs 025
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.11
Excerpt: ...fendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “If the items appearing in a cost bill appear to be proper charges, the burden is on the p...
2024.01.11 Motion to Compel Deposition, for Monetary Sanctions 603
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.11
Excerpt: ...efendant Andrea Bari to give notice. REASONING Defendant Andrea Bari (“Defendant”) moves the Court for an order compelling Plaintiff Jerome Nash (“Plaintiff”) to appear for his deposition in accordance with the deposition notices served on October 4, 2023, and November 23, 2023. Defendant represents that she served a notice of deposition upon Defendant on October 4, 2023, with the deposition to occur on November 8, 2023, but Plaintiff fai...
2024.01.11 Motion for Untimely Designation of Experts 101
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.01.11
Excerpt: ...subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time. (c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040. CC...

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