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2023.12.12 Motion to Bifurcate 101
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.12
Excerpt: ...Plaintiff Civic Center Way, LLC (“CCW”) bought the Property from Defendant Third Point Land Company LLC (“Third Point”) for an initial purchase price of $6 million with a residual purchase price of up to $4 million. CCW intended to convert the vacant parcel into a medical building. CCW now seeks to rescind the sale. CCW alleges that Third Point actively concealed a Notice of Violation (“NOV”) it had received from the City of Malibu wh...
2023.12.12 Demurrer to SAC 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.12
Excerpt: ...son's Investments, Inc. (“Edson”) in a venture to buy and build out commercial properties to operate medical cannabis businesses. (Second Amended Complaint (“SAC”) ¶ 5.) To carry out this venture, Nygard directed Edson to purchase real property located at 9450 Topanga Canyon Blvd, Chatsworth, California 91311 (the “Property”). ( Id. ¶ 6.) After Edson bought the Property, Nygard formed Plaintiff 9450 Topanga Properties LLC (“Topang...
2023.12.08 Motion to Set Aside Dismissal 272
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.08
Excerpt: ...in Club Los Angeles”. Defendants Meriwether Companies LLC, Singerman Real Estate LLC, Derek Strader, Out-FitNRG, LLC and Out-FitNRG Inc. own and operate the club. As a result of the accident, Plaintiff alleges she sustained severe injuries including a broken nose, concussion as well as cervical and lumbar disc injuries. This hearing is on Plaintiff's motion to vacate an order of dismissal of her Complaint. Plaintiff's complaint was dismissed be...
2023.12.08 Demurrer, Motion to Strike Complaint 329
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.08
Excerpt: ...al Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient sedation and anesthesia was provided”. (First Amended Complaint (“FAC”) ¶22.) Plaintiff claims that during the procedure, he indicated to both Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the surgery and could feel the incisio...
2023.12.07 Motion to Direct Issuance of Writ of Immediate Possession 655
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.07
Excerpt: ...tiff SM 10000 Property LLC (“Landlord”) is the owner and manager of a luxury high rise apartment building at 10000 Santa Monica Boulevard, Los Angeles, California. (Browne Decl. ¶3.) Defendant Bryan Demosthenous (“Tenant”) leased Unit 3408 (the “Premises”). (Id. ¶5.) On February 17, 2021, Tenant signed a lease to rent the Premises at a base rent of $12,700 per month, plus $150 technology fee for television and internet services for ...
2023.12.07 Motion for Summary Judgment, Adjudication 756
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.07
Excerpt: ...ter Russ and Emily Nicole Eberhard entered into a residential lease agreement with Defendant Theodore Khalili (the “Lease”) for property located at 200 South Westgate Avenue, Los Angeles, California (the “Premises”). Defendant Ben Hagooli is the property manager for the Premises. The Lease was for one year at the rate of $17,500 per month. (Undisputed Material Facts (“UMF”) No. 1.) The Lease contained a “LEASE/RENTAL MOLD AND VENTIL...
2023.12.07 Demurrer, Motion to Strike 657
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.07
Excerpt: ...een a school district and one of its students. Plaintiff Liav Mann alleges that as a member of the wrestling team at Beverly Hills High School, he was physically and verbally abused by his wrestling coach, Ryan Faintich. Faintich would tell members of his team to kick Plaintiff in the genitals and instructed Plaintiff not to fight back. (Compl. ¶¶10-13.) On one occasion, Faintich wrestled with Plaintiff, purposely headbutting him, leaving lumps...
2023.12.06 Request for Entry of Default Judgment 536
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.06
Excerpt: ...rprises LLC d/b/a Das Films, in the original principal amount of $1,249,284. Das Films did not satisfy the judgment. During Plaintiff's efforts to enforce the judgment, Plaintiff and Das Films entered into a “Resolution Agreement.” The Resolution Agreement required Defendants Das Films to make certain payments to Plaintiff. Das Films' obligations under the Resolution Agreement were guaranteed by S.P. Das Films, LLC, SPD Productions LLC, SPD I...
2023.12.01 Motion for Summary Adjudication 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.01
Excerpt: ... Trust RESPONDING PARTY: Defendant Southern California Edison (“SCE”), Edison Power Constructors, Inc. (“EPC”), Tidwell Excavation Acquisition Co. (“Tidwell”) and Hampton-Tedder Electric Company (“Hampton-Tedder”) BACKGROUND This action arises from property damage allegedly caused by a utility company and its contractors. The Howell Family Trust owns the property located at 604 S. Topanga Canyon Boulevard, Topanga, California (the...
2023.11.30 Request for Entry of Default Judgment 971
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.30
Excerpt: ...ky Holdings. Defendant Taylor Woods owns and manages Sky Holdings. The investment was to be used to purchase 17 distressed hotels from Eagle Hospitality Trust, a public lodging REIT, which never occurred. Ultimately, Plaintiff demanded the return of its investment funds. The monies were never returned. Plaintiff also demanded to inspect the books and records of Sky Holdings. Defendant failed to make the books and records available for inspection....
2023.11.30 Request for Entry of Default Judgment 941
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.30
Excerpt: ...C (“Anglin”) entered into a loan agreement with Plaintiff Forwardline Financial LLC. The agreement provided that Plaintiff would loan Anglin $42,500. Defendant Shannell Lake executed a personal guarantee in favor of Plaintiff, whereby if Anglin defaulted on the loan, Lake would be personally responsible to Plaintiff. Anglin defaulted on the loan, and Lake has failed to pay any amounts due to Plaintiff. Defendants are indebted to Plaintiff in ...
2023.11.30 Demurrer 788
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.30
Excerpt: ...n. Defendant 404 San Vicente Boulevard Homeowners Association (the “HOA”) governs a 28-unit building located at 504 San Vicente Boulevard in Santa Monica California (the “Property”). Plaintiff owns Unit 202 of the Property (the “Unit”). (Compl. ¶7.) The Declaration of Covenants, Conditions and Restrictions (“CC&R's”) for the Property obligated the HOA to maintain, repair, restore and make necessary improvements to the common area...
2023.11.29 Motion for Reconsideration 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.29
Excerpt: ...ence report no later than five days before the conference. The joint status report was due September 8, 2023. On September 8, counsel for David emailed counsel for Veloso, asking for Veloso's section of the joint report on the same date the report was due. (Elalami Decl. ¶2.) Veloso's counsel did not respond so David's counsel submitted a unilateral report on September 8, 2023, noting Veloso's lack of cooperation. (Ex. 2 to Riccomini Decl., Ex. ...
2023.11.29 Motion for Leave to File SAC 939
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.29
Excerpt: ...�Samron”) purchased a remodeled single-family residence from Defendant 3523 Greenfield, LLC (“Greenfield”). The home is located at 3523 Greenfield Ave, Los Angeles, California (the “Property”). Greenfield was the owner and developer of the Property. Defendant Verono LLC (“Verono”) is a company affiliated with Greenfield that was involved in the development of the Property. Defendant Andrew William Raitt (“Raitt”) is the manager ...
2023.11.28 Demurrer, Motion to Strike 936
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.28
Excerpt: ...ses out of the construction of an approximately 18,000 square foot home in Pacific Palisades, California, located at 15954 Alcima Avenue (the “Property”). The general contractor for the project, Defendant Suarez Build Construction Inc. (“Suarez”), is alleged to have breached its construction contract, performed work below the minimum standard of care, and was not properly licensed at all times during the construction of the Property. Suar...
2023.11.28 Demurrer, Motion to Strike 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.28
Excerpt: ...iff Aaron Celious is the owner of Maroon Society Inc. (“Maroon”). Maroon has assigned its claims to Celious. (Second Amended Complaint (“SAC”) ¶14.) Maroon is in the business of providing data compilation, analysis and strategic services for both private and public sector entities. ( Id. ¶21.) Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not chosen for ...
2023.11.17 Motions for Writ of Attachment 781
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.17
Excerpt: ...n Trust, entered into a written commercial lease with Defendants Roem Automotive Inc. (“Roem”), Jeffery Atkins (“J. Atkins”) and Caren D. Atkins (“C. Atkins”, and together with J. Atkins, “the Atkins”) for commercial property located at 1101 Olympic Blvd, Santa Monica, California (the “Property”). (Ex. 1 to Geller Decl.) The Lease was subsequently amended in writing four times. The Lease together with the amendments shall be r...
2023.11.17 Motion for Attorney Fees 406
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.17
Excerpt: ...Jane Doe alleges Defendant Jason Grainger followed her home from a restaurant and sexually assaulted her. Defendant contends that any contact between the parties was consensual. The Complaint alleges seven causes of action for (1) assault, (2) battery, (3) sexual battery, (4) denial of civil rights, (5) gender violence, (6) false imprisonment and (7) intentional infliction of emotional distress. Trial was held. The jury deliberated and found Defe...
2023.11.17 Demurrer, Motion to Strike 190
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.17
Excerpt: ...iff Johnny Rodriguez was a patron of a nightclub called “Micky's West Hollywood” on February 24, 2023. “Micky's” is operated by Defendant WHBT, Inc. Plaintiff was allegedly told by an employee that he had to leave the premises. Plaintiff alleges that the “door person” named “Eric” slapped the phone out of his hand, tried to step on it, tackled Plaintiff to the floor, punched his face and kicked him. (Compl. ¶¶4-5.) As a result, ...
2023.11.16 Motion for Summary Judgment 840
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.16
Excerpt: ...sublease agreement (the “Sublease”) with Plaintiff Flynt Management Group, LLC (“Landlord”) for property located at 8484 Wilshire Blvd, Suite 850C, Beverly Hills, California (the “Property”). (Undisputed Material Facts (“UMF”) Nos. 1-2.) The Sublease requires Tenant to pay monthly rent in the sum of $10,771.70 for the period of time from February 2020 through January 2021. (UMF No. 3.) Tenant failed to pay monthly rent in the sum ...
2023.11.15 Motion to Deem RFAs Admitted 024
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.15
Excerpt: ... Hamilton-Heinberg alleges she was wrongfully terminated by Defendant Alpargatas USA, Inc. because of her medical condition and her requests for medical leave. Plaintiff claims Defendant failed to engage in the interactive process to assess what accommodations Plaintiff would require and thus did not reasonably accommodate Plaintiff. On October 16, 2023, the Court granted Plaintiff's former counsel's motion to be relieved as counsel. Plaintiff is...
2023.11.15 Demurrer, Motion to Strike FAC, for Sanctions 085
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.15
Excerpt: ...n. Plaintiff Aurice Veloso was employed by Defendant Leo David as a caregiver for his wife. Plaintiff alleges that David asked her to sleep with him in exchange for improved working conditions and other financial incentives including a house, car and tuition. David also allegedly made offensive remarks about Plaintiff's menstrual period, personal hygiene and sexual activity. Plaintiff further alleges that despite her working around the clock, she...
2023.11.14 Special Motion to Strike Complaint 282
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...intiff Parter Medical Products, Inc.'s manufacturing department. Defendant Dominguez Firm LLP filed a lawsuit on behalf of Flores against Plaintiff. Flores' complaint included claims for violations of Gov't Code §12940 et seq. : (1) discrimination, (2) retaliation, (3) failure to prevent discrimination/retaliation, (4) failure to provide reasonable accommodation, (5) failure to engage in a good faith interactive process, and (6) wrongful termina...
2023.11.14 Motion to Vacate Dismissal 156
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...ro. As Plaintiff descended the stairs from the rooftop seating area of the bus, Villatoro is alleged to have suddenly and without warning, abruptly stopped the bus, causing injury to Plaintiff. On July 14, 2023, Plaintiff failed to appear at a case management conference (“CMC”). The Court noted Plaintiff had not submitted any filings including proof of service on Defendant. The Court therefore set an Order to Show Cause (“OSC”) re: Dismis...
2023.11.14 Motion to Strike or Tax Costs 124
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...ju Devgan, allege that employees of the City of Santa Monica (the “City”) were negligent in their response to Manju's 911 call, reporting that Baldev had fallen and hit his head on the bathtub in an upstairs bathroom in their home. (Compl. ¶¶ 12-13.) Plaintiffs allege City employees (unnamed EMTs and Firefighters, the Doe Defendants) failed to stabilize Baldev's neck or take other cervical spine precautions while moving him from the bathroo...

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