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2023.07.25 Demurrer 252
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.25
Excerpt: ...ndant the Bel Air Hotel (“Defendant”). This matter arises from Plaintiff being banned from Defendant's hotel. On June 22, 2023, Defendant filed the instant Demurrer. There is no opposition to the Demurrer. Demurrer Standard 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.¿�...
2023.07.25 Motion for Leave to File Complaint 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.25
Excerpt: ...), which asserts causes of action for (1) violation of Government Code sections 815.2 and 820, (2) violation of Civil Code section 2100, (3) premises liability, (4) general negligence, and (5) products liability against several defendants, including Defendant the City of Culver City (“Defendant”). This matter arises from Plaintiff falling on a sidewalk, while being transported by Defendant's driver. On June 30, 2023, Defendant filed the insta...
2023.07.21 Motion to Compel Arbitration and Stay Proceedings 874
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.21
Excerpt: ...s action against Defendant LYFT, INC. (“Defendant”), alleging two causes of action for general negligence and motor vehicle negligence based on an auto accident that occurred on or about January 18, 2023. On June 16, 2023, Defendant filed the instant motion to compel arbitration. No opposition has been filed. On, July 14, 2023, Defendant filed a notice of non-opposition. Motion to Compel Arbitration Standard Parties may be compelled to arbitr...
2023.07.20 Motion to Compel Deposition 619
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.20
Excerpt: ...ffs”) filed a Complaint for breach of a written lease against Defendant Paola Joice Miller (“Defendant”). On May 18, 2023, the Court held an IDC with regards to the subject Motion, where Defendant failed to appear, and the Court found Plaintiffs had satisfied their requirement to bring the instant Motion. On June 12, 2023, Defendant filed the Motion to Compel Defendant's Deposition. There is no opposition to the Motion. Motion Compel Deposi...
2023.07.17 Motion for Reconsideration 240
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.17
Excerpt: ...al services to Plaintiff Cecil Elmore by Defendants Abbas Eftekhari D.D.S. and Eftekharis D.D.S., Inc. dba United Dental Care. Plaintiff alleges Defendants allowed employees who were unlicensed to perform dental procedures on Plaintiff. As a result, Plaintiff claims he suffered “injuries to the inside of his mouth” and “negative mental medical conditions.” The operative complaint alleges claims for general negligence and intentional tort ...
2023.07.14 Motion for Summary Judgment, Adjudication 429
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.14
Excerpt: ...ion arises from an employment dispute. Defendant Tuition.io, Inc. (“Tuition”) provides a web based platform helping student borrowers organize and manage their student loan debt. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff John Doe worked at Tuition as a web developer and later a senior software developer, from April 21, 2015 to May 4, 2018. (UMF Nos. 2, 102.) Defendant Bob Wall was hired as V.P. of Engineering on October 2, 2017....
2023.07.14 Motion for Stay of Proceedings 127
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.14
Excerpt: ... Mirai for $64,897.63 from Defendant Sullivan Motors, LLC dba Toyota Santa Monica (“Dealer”). (Compl. ¶ 6.) Defendant Toyota Motor Sales U.S.A. Inc. (“Toyota”) is the warrantor and distributor of the car. (Compl. ¶ 1.) The car is hydrogen powered, meaning its fuel tank holds liquid hydrogen which is used to power an electric motor. (Compl. ¶ 7.) The car was advertised as having a range of over 400 miles on a single tank of hydrogen. (C...
2023.07.13 Motion for Summary Judgment, Adjudication 947
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.13
Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...
2023.07.13 Demurrer to FAC 896
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.13
Excerpt: ...efendant American Restore Inc. BACKGROUND Plaintiffs George and Wendy Pino own a condominium unit located at 840 20 th Street, Unit 7, Santa Monica, California. (First Amended Complaint (“FAC”) ¶1.) Their home is part of a complex managed by Defendant Laurel Square Owners Association (“HOA”). (FAC ¶¶1, 2.) The HOA and each of its members are bound by a Declaration of Covenants, Conditions and Restrictions. (“CC&R's”). (FAC ¶¶11, ...
2023.07.12 Motion to Related Cases and Reassign Related Cases 224
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.12
Excerpt: ...Y: Plaintiff Roberto Soofiani BACKGROUND Defendants Don Chuy's Restaurant LLC, Jose Jesus Flores and Katherine Flores seek to relate three cases. The first filed case is the instant case, Roberto Soofani v. Don Chuy's Restaurant LLC, et al. (Case No. 21SMCV00224) filed on January 29, 2021. In this case, Soofani alleges that he entered into a lease with Don Chuy's Restaurant LLC, and when Defendants surrendered the leased premises, there was signi...
2023.07.11 Motion to Vacate Dismissal 975
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.11
Excerpt: ...ordingly, the Court dismissed the matter. Plaintiff now seeks to vacate the dismissal on the ground her counsel erred in failing to timely appear. No opposition was filed as of the posting of this tentative. LEGAL STANDARD Pursuant to Code Civ. Proc. §473(b), both discretionary and mandatory relief is available to parties when a case is dismissed. Discretionary relief is available under the statute as “the court may, upon any terms as may be j...
2023.07.11 Motion for Summary Judgment, Adjudication 595
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.11
Excerpt: ...reatening to not fund Plaintiff's car deals, and telling other management that Defendant would harm Plaintiff. The harassment escalated to a physical assault which resulted in Plaintiff being carried off in an ambulance. The operative complaint alleges claims for harassment and assault. Plaintiff is appearing in pro per. This hearing is on Defendant's motion for summary judgment or in the alternative for summary adjudication. Defendant argues tha...
2023.07.07 Demurrer, Motion to Strike 190
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.07
Excerpt: ...his case arises from a landlord tenant dispute. Plaintiff Kelsi Bohnen entered into a lease agreement with Defendant Essex Management Corporation (“EMC”) for property located at 4750 Lincoln Blvd, Unit #381, Marina Del Rey, California (the “Property”). (Compl. ¶ 5.) Defendant Essex Portfolio L.P. (“Essex”) is the owner of the Property, and EMC is Essex's property manager. ( Id. ¶13.) Plaintiff claims she constantly complained to Def...
2023.07.07 Motion to Set Aside and Vacate Dismissal 561
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.07
Excerpt: ... BACKGROUND This case arises from an unpaid credit card debt. Plaintiff Department Stores National Bank is the owner of Macy's American Express branded credit card account. Defendant owes $29,385.90 her account. Plaintiff has brought two common counts, for account stated and for money lent or paid. On May 11, 2023, the Court set an order to show cause (“OSC”) why sanctions (including dismissal) should not issue for failure to participate in a...
2023.07.07 Motion for Leave to Intervene 221
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.07
Excerpt: ...�) is a songwriter who has written or co-written songs for such well-known artists as Timbaland, Usher, and Fergie. Plaintiff co-wrote the remix version of “Old Town Road” by Lil Nas X and Billy Ray Cyrus which is one of the best selling singles of all time and was nominated for a Grammy. In 2015, Plaintiff entered into a music co-publishing agreement with Defendant Music Publishing Accelerator LLC (“MPA”) in which Plaintiff granted MPA t...
2023.07.06 Motion to Quash Subpoena for Production of Business Records 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.06
Excerpt: ...KEFIELD, INC. BACKGROUND This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, S...
2023.07.06 Motion for Summary Judgment 989
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.06
Excerpt: ...Mansdorf, in his individual capacity and as trustee of the Bruce D. Mansdorf Living Trust dated July 25, 2008, is the owner of property located at 1380 Monument Street, Los Angeles, California (“Plaintiff's Property”). Defendant Frances Ontkean owns the property adjoining Plaintiff's Property, located at 1386 Monument Street, Los Angeles, California (“Defendant's Property”). Plaintiff claims an easement over Defendant's Property. The oper...
2023.07.06 Motion for Leave to File Amended Answer 709
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.06
Excerpt: ... located at 27835 Borna Drive, Malibu, California (“Plaintiff's Property”). Plaintiff's Property includes rights to two easements which allow ingress and egress for roadway and public utilities over Defendants Michael Kasaba and Michael E. Kasaba LLC's (“MEK”) land, located at 2210 Mar Vista Ridge Drive, Malibu, California (“Defendants' Property”). Plaintiff alleges Defendants made various misrepresentations to secure building permits...
2023.06.30 Demurrer 899
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.30
Excerpt: ...s Mahnaz Tabibian and California Fetal and Pediatric Cardiology, Inc. (“Plaintiffs”) BACKGROUND This action arises from an alleged breach of an oral contract. Plaintiffs Mahnaz Tabibian and California Fetal and Pediatric Cardiology Inc. allege that “on or about mid-November 2020 Plaintiffs entered into a verbal contract with Defendants to provide & collect Covid RT-PCR tests which would be submitted to Defendants' laboratory services. Defen...
2023.06.29 Motion to Strike FAC 071
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.29
Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...
2023.06.29 Motion to Compel Arbitration, Stay Proceedings 856
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.29
Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....
2023.06.28 Petition to Compel Arbitration 574
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.28
Excerpt: ...s from an employment dispute. Plaintiff Delany Burks was employed by Defendant Kossoris Search Inc. (“KSI”) as an executive assistant for approximately four months. KSI is an attorney search firm. Defendant Amy Kossoris is KSI's founder, director and officer and Plaintiff's direct manager. Plaintiff's Complaint alleges a single cause of action under the Private Attorneys General Act (“PAGA”). Plaintiff asserts her PAGA claims on behalf of...
2023.06.28 Motion for Leave to File Amended Answer 709
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.28
Excerpt: ...ty located at 27835 Borna Drive, Malibu, California (“Plaintiff's Property”). Plaintiff's Property includes rights to two easements which allow ingress and egress for roadway and public utilities over Defendants Michael Kasaba and Michael E. Kasaba LLC's (“MEK”) land, located at 2210 Mar Vista Ridge Drive, Malibu, California (“Defendants' Property”). Plaintiff alleges Defendants made various misrepresentations to secure building permi...
2023.06.27 Demurrer 268
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.27
Excerpt: ...lternate Health USA, Inc. and Michael Murphy RESPONDING PARTY: Plaintiff Mali Saatchi BACKGROUND This action arises from an alleged pattern of harassment by Defendants against Plaintiffs, including creating websites and social media pages and sending anonymous mailings and emails with derogatory and menacing content. There are seven Plaintiffs, nine Defendants, and ten causes of action, but for purposes of the present ruling, only two claims asse...
2023.06.23 Motion to Compel Further Responses, for Monetary Sanctions 243
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.23
Excerpt: ...NS MOVING PARTY: Plaintiffs and Cross-Defendants Glenn Stevens and Leslie Stevens, successor co- trustees of the Elizabeth Stevens Living Trust and Charles Eberly, as trustee of the Elizabeth Stevens and Andrew E. Stevens Family Trust (“Plaintiffs”) RESPONDING PARTY: Defendants McNoon Crystal Import, Inc. and Mehrivar Meknuni (“Defendants”) BACKGROUND This is a landlord-tenant dispute. Plaintiffs allege Defendants abandoned the leased pre...

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