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2023.05.31 Demurrer to FACC, Motion to Strike 007
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.31
Excerpt: ...olations of California Disabled Persons Act; (2) Violations of California Education Code; (3) Intentional Infliction of Emotional Distress; (4) Violations of the California Equal Protection Clause; (5) Negligence; and (6) Negligence Per This case was stayed for a couple years while the matter pended in federal court The federal case has now wrapped up, so Plaintiff is pursuing his claim at the state level. Prior to the stay while it was in federa...
2023.05.26 Motion for Attorney Fees 949
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.26
Excerpt: ...ant to Civ. Code S 1794(d). Ford agreed to pay attornefs fees and costs per the Offer to Compromise. Plaintiffs are requestmg S32,207.50 in attorneys fees based on the legal services that the firm provided. Plaintiffs are requesting $2,941.61 in costs, for a total of $35,149.11. Plaintiffs argue that the fees and costs that they have requested are reasonable and compensable. They also argue that the billing rate of their attorneys is reasonable. ...
2023.05.24 Demurrer 094
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.24
Excerpt: ..., the Plaintiff tailed to timely file a First Amended complaint. (see C cp S "A Pany may amend its pleading once without leave ot 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 it the amended pleading is tiled and served no later than the date tor tiling an opposition to the demurrer or motion to strike." (Bold a...
2023.05.22 Motion to Compel Discovery Responses 328
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.22
Excerpt: ...e each served with Form and Special Interrogatories, Requests for Production of Documents, and Requests for Admissions. The responses were due by March 6, 2023, but no responses were received. (Motions at p. 3.) Plaintiff also requests sanctions in the amount of $2,476.28 against each Defendant. No opposition has been filed by any of the Defendants. 1. Form Interrogatories and Special Interrogatories The propounding party may move for an order co...
2023.05.19 Motion to Compel Arbitration 450
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.19
Excerpt: ...o close the escrow for him to purchase the property. The contract at issue included an arbitration clause that reads, in part, as follows: "The Parties agree that any dispute or claim in Law or equity arising betvveen them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitration shall be conducted through any arbitration provider or service mutual...
2023.05.19 Motion for Summary Adjudication 859
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.19
Excerpt: ...l his termination in February 2019. (Motion at p. 6.) Plaintiffs job performance evaluations from 2010-2016 generally exhibited a positive work performance from Plaintiff. (Plaintiffs AMF Nos. 61-66.) In early 2017, the 2016 managers evaluation received by Plaintiff outlined some areas where Plamtiff could improve. (Defendants' UP 6.) On May 5, 2017, Plaintiff sustained an on-the-job left rib injury. (Defendants' UF 7.) Plaintiff was granted medi...
2023.05.19 Demurrer to FAC, Motion to Strike 748
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.19
Excerpt: ...ing in ner complaint that sne did not get along witn her manager, Xochitl Benavides. Though it is not clear trom ner First Amended Complaint (FAC), it appears that she is alleging that her employment was terminated after a series ot disagreements witn Benavides and other members ot management over the inspection ot cargo and passenger planes witn international destinations. However, it also appears that management disagreed Witn the way Plaintiff...
2023.05.18 Motion to Enforce Settlement 452
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.18
Excerpt: ...uted on December 9, 2022, included a Stipulation for Civil Judgment provision that provides that in the event Defendants failed to pay the negotiated settlement of $50,000.00, then Plaintiff would be entitled to a judgment of $70,000.00. (Ortiz Decl„ T 4, Ex. 1, 1121.) Plaintiff filed this motion pursuant to CCP 5 664.6 and is requesting entry of judgment and attorneys' fees and costs for bringing the motion. Plaintiffs counsel indicated that s...
2023.05.18 Motion to Compel Deposition 171
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.18
Excerpt: ...lleged in Plaintiffs complaint because Gomez worked at Overland during the relevant time period. On February 27, 2023, Overland received confirmation that Gomez was served by hand delivering a copy of the deposition and subpoena on February 26, 2023. (Bertikian Decl. 4, Ex. C.) The deposition was scheduled to take place via Zoom on March 6, 2023. (Bertikian Decl. 2, Ex. A.) Gomez did not appear, and Overland's attempts to get in contact with her ...
2023.05.17 Request for Entry of Default 594
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.17
Excerpt: ... ofthe premises rented to the Plaintiffs by the Defendants. Consistent with C.C.P. S 425.1 Ot) Plaintiffs did not allege in the Complaint any specific amount of damages. Defendants Genaro Moreno, Guillermo Gonzalez and Nereyda Gonzalez all filed their respective Answers on May 4, 2020, having been served the Complaint in March 2020. The Court seta Case Management Conference for lune 9, 2020. On April 23, 2020 the Court ordered the Case Management...
2023.05.16 Motion for Terminating Sanctions 489
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.16
Excerpt: ...ry of default agamst Defendants. Plaintiff brings this motion for the following reasons: 1) Defendants filed their respective Answers on January 31, 2022. 2) Plaintiff propounded Form Interrogatories, Special Interrogatories and Requests for Production on the Defendants on May 25, 2022. Defendants failed to provide any responses to the Written Discovery. 3) Plaintiff filed Motions to Compel Responses to the Written Discovery on January 9, 2023. D...
2023.05.16 Motion for Sanctions 865
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.16
Excerpt: ...3,103.29. Plaintiffs are also seeking an order establishing that Lopez violated Civil Code Section 1942.5 and retaliated agamst the tenant Plaintiffs for repotting his actions to the Los Angeles Housing Department Plaintiffs are requesting the Courts assistance in preventing Lopez from appearmg at trial to refute this claim on his or the other Defendants' behalfwithout obeying the Court's order to attend his deposition. Plaintiffs have filed this...
2023.05.15 Demurrer to FAC 880
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.05.15
Excerpt: ...demurrer. In simple, layman terms M.mat did Chase do wrong?" The Court now answers that question in legal terms. l. BACKGROUND Plaintiff filed a complaint on February 8, 2022, alleging four causes ot action tor (1) Conversion, (2) Common Count, (3) Constructive Trust; and (4) Violation ot Penal Code Section 49& Initially the only named defendant was Defendant Cong Ye Plaintiff alleged that in April and May 2021, upon leaving the United States Pla...
2023.04.20 Demurrer to SAC, Motion to Strike 313
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.20
Excerpt: ...f constitutional due process, and violations of statutory duties under Cal. Welf. & Inst. Code § 9712.5(a)(1) against Defendants Long-Term Care Ombudsman of California and Wise & Healthy Aging, Long-Term Care Ombudsman Services (Defendants). These causes of action are related to the care of Plaintiff's mother at a Convalescent Center. Plaintiff alleges that Defendants' failure to provide a Korean language interpreter when Plaintiff's mother was ...
2023.04.19 Motion to Set Aside or Vacate Default 751
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.19
Excerpt: ...nt. (Complaint ¶ 13.) Beginning in about August 2017 Plaintiff began to receive notices about the water being shut off. (Complaint ¶ 14.) In March 2018 there was a change in ownership and/or management of the apartments. (Complaint ¶ 19.) Defendant Cannon Management (Cannon) is seeking to set aside a default that was entered on October 20, 2021. Cannon was the property manager of an apartment complex that was owned by Urban Foresight II 2014, ...
2023.04.19 Motion to Compel Responses, to Deem RFAs Admitted 184
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.19
Excerpt: ...f was allegedly assaulted and defamed by Defendant. On October 5, 2022, Defendant served the various discovery requests on Plaintiff. (Valdespino Decl., ¶ 2.) Responses were due on November 9, 2022. (Valdespino Decl., ¶ 2.) As of the filings of the motions on February 27, 2023, Plaintiff had yet to provide Defendant with any responses to any of the discovery requests. (Valdespino Decl., ¶ 3.) Defendant also requests sanctions. No opposition ha...
2023.04.18 Demurrer 443
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.18
Excerpt: ...mplaint against Defendant/Cross-Complainant RLoom (RLoom) for causes of action related to RLoom's alleged breach of contract and failure to pay invoices in the amount of $586,962.09 for garments that Limelight had sold to RLoom. Limelight had delivered over $2,000,000 worth of garments to RLoom. (Demurrer at p. 2.) RLoom has filed a cross-complaint alleging that Limelight was charging excessive prices for low quality garments and delivered defect...
2023.04.17 Motion for Attorney Fees 039
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.17
Excerpt: ...ho is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” Civ. Code, § 1717. (Bold added.) Moving Party's Position After a bench trial regarding Cross-Complainant's Cross-Complaint for breach of contract on January 31, 2023, judgment was entered in Cross-Complainant's favor in the amount of $28,330.00...
2023.04.17 Demurrer to FAC, Motion to Strike 330
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.17
Excerpt: ...Court to improperly base its decision not upon the facts that the Court must assume can be proven by Plaintiff, but instead upon the version put forth by Defendants. “The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of action under any legal theory. (Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052, 154 Cal.Rptr.3d 727.) We assume the truth of all facts...
2023.04.13 Demurrer to TAC, Motion to Strike 144
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.13
Excerpt: ...egligent Misrepresentation; and (4) Bad Faith. This demurrer and motion to strike relate only to the two misrepresentation claims. This action arises from a boundary dispute between Plaintiffs and their neighbor. Plaintiffs had purchased title insurance from Defendant First American Title Insurance. (TAC ¶ 7.) Plaintiffs made a claim for coverage. (TAC ¶ 9.) Coverage was provided, and the Defendant title company provided counsel for Plaintiffs ...
2023.04.11 Motion for Attorney Fees 226
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.11
Excerpt: ... for attorney's fees on the lease between the parties which allowed for the prevailing party in any action on the lease to recover reasonable attorney's fees. (Weisberg Decl., Ex. 4, p. 19, ¶ 31.) Plaintiff's initial request for attorney's fees was for $575,386.00. (Motion at p. 3; Plaintiff has since reduced this amount in its Reply.) Plaintiff contends that the total of 663.1 hours that its attorneys spent on this action are reasonable. That w...
2023.04.06 Motion to Compel Responses 507
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.06
Excerpt: ...taking down a political sign. On October 13, 2022, Defendant served Form Interrogatories and Special Interrogatories and Requests for Production on Plaintiff. On November 30, 2022, Defendant granted Plaintiff an extension to respond to discovery, and then Plaintiff made another request for an extension on January 4, 2023, making the discovery- responses due on January 13, 2023. (Motions at p. 3.) As of the filings of the motions on February 28, 2...
2023.04.06 Demurrer to SAC, Motion to Strike 382
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.06
Excerpt: ...eges six causes ot action related to his occupancy at Defendants' propeny and the alleged problems that occurred during that æcupancy_ The causes of action that Plaintiff IS alleging are tor (1) tortious breach of implied warranty ot habitability; (2) private nuisance; (3) violation of California Civil Code S 19424; (4) fraud; (5) unfair business practices; and (6) wrongful eviction. In his Second Amended Complaint Plaintiff makes numerous alleg...
2023.04.05 Motion to Dismiss or Stay Complaint 344
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.05
Excerpt: ...ustries, Inc. (Defendant 1016), and he was her supervisor. Plaintiff alleges that she was sexually harassed by Defendant Northrop and faced sex discrimination; that she was retaliated against in violation of FEHA and the Cal. Labor Code; that Defendant 1016 failed to prevent the sexual harassment, discrimination, and retaliation; and that she was wrongfully terminated. In her complaint, she alleges that these events took place while Plaintiff was...
2023.04.05 Demurrer to FAC 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.04.05
Excerpt: ...ion ot the Labor Code, among other causes of action. Plaintiff worked for ZO Skin Health as a Physician Assistant-certified. Defendant Dr Obagi owned the clinic, and Defendants Connor, Hendrickson, and Denlinger worked tor the clinic. Plaintiff alleges in ner FAC that all ot the Detendants were engaged in unlawful business practices, and that they tailed to provide ner with meal and rest periods and accurate wage statements, among other things. S...

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