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2024.05.31 Motion for Relief from Government Code, Permission to File Late Government Claim 147
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.31
Excerpt: ...n to File a Late Government Claim The Court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On April 19, 2023, plaintiff Paul Workman filed a complaint against City of Los Angeles, T.C. Real Estate Ltd., and Coral Realty, Inc. for dangerous condition of public property and negligence. Plaintiff alleges that on November 4, 2022, plaintiff was riding his bicycle through the parking lot intending to ride...
2024.05.30 Motion for Summary Judgment, Joinder 700
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.30
Excerpt: ...laintiffs Claudia Mendoza and Salvador Mendoza Maldonado [1] (1) Motion for Summary Judgment by Defendant Ricardo Huete, MD (2) Joinder in Huete Motion for Summary Judgment by Torrance Physicians Network The court considered the moving, opposition and reply papers, although they were filed out of chronological order. RULING Defendant Ricardo Huete's Motion for Summary Judgment is DENIED. Defendant Torrance Physicians Network's Request for Joinder...
2024.05.29 Motion to Compel Responses, for Sanctions 553
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.29
Excerpt: ...AL INTERROGATORIES; REQUEST FOR SANCTIONS OF $561.65 (3) MOTION TO COMPEL PLAINTIFF BEATRIZ WATT TO PROVIDE VERIFIED RESPONSES (SET ONE) WITHOUT OBJECTION TO REQUESTS FOR PRODUCTION; REQUEST FOR SANCTIONS OF $561.65 (4) MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AS TO DEFENDANT'S REQUESTS FOR ADMISSION (SET ONE) SERVED ON PLAINTIFF BEATRIZ WATT; REQUEST FOR MONETARY SANCTIONS OF $561.65 HEIDI EMKE, et al. Defendants. Hearing Date: May 29, 202...
2024.05.29 Motion for Leave to Amend Complaint to Add Minor Plaintiffs 696
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.29
Excerpt: ...nance Industries, Inc. Plaintiff filed a complaint on November 6, 2023 alleging (1) motor vehicle a nd (2) general negligence. LEGAL AUTHORITY “A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date f...
2024.05.28 Motion in Limine 050
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.28
Excerpt: ..., 2019, plaintiff Michael Dyberg filed the complaint against defendants Laura Gehley and Mark Gehley for (1) defamation and (2) intentional infliction of emotional distress. On May 5, 2020, defendant/cross-complainant Laura Gehley filed a cross -complaint against plaintiff/cross -defendant for (1) sexual battery, (2) battery and assault, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress. This is ...
2024.05.28 Motion for Determination of Good Faith Settlement 492
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.28
Excerpt: ...Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez initiated this action. In the operative first amended complaint against defendants City of Los Angeles; CST Industries, Inc.; CST Covers Industries, Inc., a dissolved California corporation; and Kie wit Infrastructure West Co., f/k/a Kiewit Pacific Co., plaintiffs allege three...
2024.05.24 Request for Entry of Default Judgment 477
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.24
Excerpt: ...alleging general negligence and premises liability. Basheer claims that: “On or about March 14, 2023 Plaintiff was lawfully on the premises of Defendants DAVID L ABO, an individual; TONY T NGUYEN, an individual; DIMONDALE ADOLESCENT CARE FACILITY, unknown entity; and DOES 1 TO 50, inclusive, located at or near 2509 W 115th Pl., Hawthorne, CA 90250. Plaintiff was walking within the subject premises when she slipped on a dirty, slippery and/or we...
2024.05.24 Demurrer 160
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.24
Excerpt: ... and Jan Satterfield Responding Party: Jay F. Mannino Demurrer to Cross Complaint without Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITH LEAVE TO AMEND. BACKGROUND On January 17, 2024, plaintiffs Jodi Mannino, as trustee of the Jodi Elizabeth Mannino Trust, under Agreement dated June 16, 2014, and Jan Satterfield, as trustee of the Jan Satterfield Revocable Trust dated December 5, 2017,...
2024.05.23 Motion to Compel Further Responses 212
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.23
Excerpt: ...onding Party: Plaintiff Martin Hutto (1) Motion to Compel Further Responses to Form Interrogatories —Employment Law (2) Motion to Compel Further Responses to Requests for Admission The court considered the moving, opposition, and reply papers. RULING Defendant's Motion to Compel Further Responses to Form Interrogatories —Employment is DENIED. Defendant's Motion to Compel Further Responses to RFAs is DENIED. Defendant and Defense counsel are o...
2024.05.22 Motion for Trial Preference 630
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.22
Excerpt: ... Responding Party: Driftwood Healthcare Center LLC d/b/a Driftwood Healthcare Center Motion for Trial Preference The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court will set a trial date within 120 days of the court's order at the hearing on this motion. BACKGROUND This is an elder abuse case. On October 31, 2023, plaintiff Gloria Caldwell, by and through her Power of Attorney, Terrie Baird, file...
2024.05.22 Motion for Summary Judgment, Adjudication 078
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.22
Excerpt: ...ion is GRANTED as to the first cause of action for breach of contract. BACKGROUND On June 27, 2023, plaintiff filed its complaint against defendant for (1) breach of contract; (2) open book account; (3) account stated; (4) goods sold and delivered; and (5) money had and received. Plaintiff alleges that it supplied defendant with computer goods which defendant has refused to pay for. On August 15, 2023, defendant filed its answer. On February 15, ...
2024.05.22 Motion to Compel Arbitration and Stay Action 492
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.22
Excerpt: ... and reply papers. RULING Defendant's Motion to Compel Arbitration is GRANTED. BACKGROUND On October 19, 2023, Plaintiff Mohammad Zarenezhad filed a complaint against Defendant Hyundai Motor America for violations of the Song Beverly Consumer Warranty Act, express warranty and violation of the Magnuson-Moss Warranty Act. Plaintiff alleges causes of action for (1) violation of Civil Code §1793.2(d); (2) violation of Civil Code §1793.2; (3) viola...
2024.05.22 Motion to Compel Further Responses 801
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.22
Excerpt: ...sponses to Special Interrogatories The court considered the moving, opposition, and reply papers. RULING Defendant's Motion to Compel Further Response to Special Interrogatory No. 2 is GRANTED. However, Plaintiff is only required to provide responses for the time frame of 5 -years before the incident to the present. No sanctions are awarded. BACKGROUND On November 14, 2023, Plaintiff Jean Paul Hernan Solis Linares filed a complaint against Defend...
2024.05.21 Motion to Strike 527
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.21
Excerpt: ...with leave to amend. BACKGROUND On October 23, 2024, plaintiff Julian Huerta filed a complaint against Brett Lashure, Alexa Lashure, and Does 1- 50 for (1) negligence: personal injury (premises), (2) strict liability (Civil Code Section 3342). LEGAL AUTHORITY Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (CCP, §§ 435- 437.) A motion...
2024.05.16 Motion to Compel Answers, for Attorney Fees, for Sanctions 956
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.16
Excerpt: ...The court considered the moving papers. No opposition papers were filed. RULING The motion to compel answers to form interrogatories is GRANTED. Plaintiff is ordered to serve verified, complete, and code-compliant responses, without objections, to set one of defendant's form interrogatories within 30 days of the date of notice of this order. The motion to compel answers to special interrogatories is GRANTED. Plaintiff is ordered to serve verified...
2024.05.15 Motion to Compel Responses, Deem RFAs Admitted, Exclude Evidence 453
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.15
Excerpt: ...thout Objections to Requests for Production of Documents (3) Motion for an Order Deeming Admitted Truth of Facts (4) Motion to Exclude Evidence of Plaintiff's Alleged Damages due to Plaintiff's Failure to Respond to Demand for bill of Particulars The Court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendant's Form Interrogatories (Set One) and Speci...
2024.05.09 Motion to Set Aside Default, Judgment 499
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.09
Excerpt: ... RULING The motion is GRANTED. The default entered on September 1, 2022 and the default judgment entered on February 23, 2023 are set aside and vacated. Defendant is ordered to file a responsive pleading forthwith. BACKGROUND On June 22, 2022, plaintiff Aspire General Insurance Company filed a automobile subrogation complaint against Ronald McEwan for $29,418. On September 1, 2022, a default was entered against defendant. On February 23, 2023, a ...
2024.05.08 Motion to Compel Responses 890
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.08
Excerpt: ...al Interrogatories (Set No. One) (2) Motion to Compel Plaintiff to Respond Further to Request for Production (Set No. One) The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond further to Form Interrogatories, Nos. 6.7 and 9.1, Special Interrogatories, Nos. 9 -11, 13- 32, 34-40, and 50- 54, and Request for Production of Documents, Nos. 1- 51, within twenty days. The Court ...
2024.05.08 Demurrer 512
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.08
Excerpt: ...TAINED WITHOUT LEAVE TO AMEND. BACKGROUND On December 19, 2022, plaintiff Jack Chueng dba Three -C Co (self -represented) filed an unlawful detainer complaint against David Tran and Vortex Alliance based on a three- day notice to perform covenants or quit dated June 30, 2021 at the property at 14909 South Crenshaw Blvd., #201, Gardena, CA 90249. On March 3, 2023, the court granted defendant Vortex's motion to quash service of summons and complain...
2024.05.02 Demurrer, Motion to Strike 173
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.02
Excerpt: ... to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the third cause of action and SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND as to the fourth and sixth causes of action. The motion to strike is DENIED as to paras. 35, 37 (under first cause of action for assault), 41, 43 (under second cause of action for battery), and 48, 50 (under third cause of action for IIED) and prayer for punitive d...
2024.05.01 Motion for Leave to File Amendment of Complaint 688
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.01
Excerpt: ... the moving, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to filing an amended complaint as to the proposed second and third causes of action and DENIED as to adding the proposed fourth cause of action against Hyatt Corporation. Plaintiff is ordered to file a First Amended Complaint within ten days. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron, II filed a complaint agai...
2024.05.01 Motion for Leave to Amend Pleading 837
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.01
Excerpt: ... the (corrected) SAC within five days. BACKGROUND On June 7, 2023, plaintiff Michael Ward filed a complaint against City of Torrance and Eino Jussila Pentti for motor vehicle negligence. It is missing the cause of action attachment to the form complaint. On September 12, 2023, plaintiff filed a FAC alleging an incident that occurred on June 9, 2022 at Torrance Blvd. and Madrid Ave. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “T...
2024.04.30 Motion for Terminating Sanctions, Evidentiary Sanctions, Monetary Sanctions 028
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.30
Excerpt: ...videntiary Sanctions, and Awarding a Monetary Sanction (as to Jorge Chilel) (2) Motion for an Order Imposing a Terminating Sanction, or in the alternative, Evidentiary Sanctions, and Awarding a Monetary Sanction (as to Everlido Chilel) The court considered the moving papers. No opposition was filed. RULING The motions for terminating sanctions are GRANTED. The First Amended Complaint is DISMISSED WITH PREJUDICE. BACKGROUND On October 24, 2022, pl...
2024.04.30 Motion for Reconsideration 817
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.30
Excerpt: ...on is DENIED. BACKGROUND Judgment was entered on November 3, 1987 in favor of plaintiffs Frank Wilson, Thelma Wilson, Johnnie Wilson, and Lonnie Wilson against defendants Delta Homes, Inc., Delta Omni Corporation, Corporate Development, Brad Handy, Joe Polifroni, Kevin Williams, C hris Kalageris, and Theadore Kalogeris. The judgment was renewed on October 15, 1997 and on September 20, 2007 for $427,670. On September 20, 2007, judgment creditor fi...
2024.04.30 Demurrer, Motion to Strike 708
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.30
Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer to the first cause of action in the complaint is SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the first cause of action and prayer at no. 1 for attorney's fees and prayer at no. 3 for punitive and exemplary damages. BACKGROUND On May 11, 2022, plaintiff Paula Renee Pruitt filed a complaint against Providen...

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