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2023.02.10 Motion to Compel Mental Status Exam 171
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.10
Excerpt: ...laint, Plaintiff is alleging that she has suffered and continues to suffer from emotional distress, anxiety, depression, headaches, tension, and medical expenses for psychological counseling and treatment. (Schreck Decl., at ¶ 36, Ex. B, 8:12-15.) She also alleges that she suffers from humiliation, emotional distress, and mental and physical pain and anguish. (Schreck Decl., at ¶ 152, Ex. B, 24:7-8.) Plaintiff also alleges several other mental ...
2023.02.09 Motion to Compel Deposition, for Protective Order 017
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.09
Excerpt: ...t an employee of Defendant Browning-Ferris Industries of California Inc. (Defendant) sexually harassed them. Defendant's former in-house counsel, Magdalena Osborn, assisted Defendant's HR Department in the investigation of Plaintiffs' sexual harassment claims. Plaintiffs now seek to depose Ms. Osborn because of her involvement in the investigation, but Defendant opposes Plaintiff's motion to compel deposition based on the attorney-client privileg...
2023.02.07 Demurrer 678
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.07
Excerpt: ...hnologies USA, Inc. On September 1, 2022, Cross- Complainant filed a Cross-Complaint (CC) alleging several causes of action related to Cross-Defendant's alleged misappropriation of trade secrets related to his employment with Cross-Complainant. Cross-Defendant filed this Demurrer to the CC on December 22, 2022. Cross-Complainant filed an opposition on January 25, 2023. Cross-Defendant filed his reply on January 30, 2023. II. ANALYSIS A. The Demur...
2023.02.06 Motion to Compel Arbitration 748
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.06
Excerpt: ... compel arbitration and stay the action. Plaintiff opposes. Request for Judicial Notice Plaintiff has requested that the Court take Judicial Notice of a published Ninth Circuit case, Ngo v. BMW of North America, LLC et al., (9th Cir. 2022) 23 F.4th 942. It reached a conclusion that is contrary to another published decision. It is the view of the Court that there is no need to ask for judicial notice of published federal decisions when the purpose...
2023.02.06 Demurrer, Motion to Strike 330
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.06
Excerpt: ...suing Defendant City of Palmdale and other defendants based on multiple causes of action, including false imprisonment and illegal search and seizure. Defendant City of Palmdale is an incorporated city in California and is a public entity. B. Procedural This action was originally filed by Plaintiff on June 21, 2022. Defendant filed this Demurrer on January 6, 2023. Plaintiff filed her opposition on January 25, 2023. Defendant filed its reply on J...
2023.02.06 Demurrer, Motion to Strike 051
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.06
Excerpt: ... At a minimum, the failure to file anything deprives the Court of the benefits of the view of the party. “By failing to oppose the motion in the trial court, Stewart has forfeited his arguments that the trial court's ruling on the motion was erroneous. “A failure to oppose a motion may be deemed a consent to the granting of the motion.” (Cal. Rules of Court, rule 8.54(c).)”. Stewart v. Extended Stay America (Cal. Ct. App., Sept. 18, 2017,...
2023.02.03 Motion to Bifurcate 652
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.03
Excerpt: ...infliction of emotion distress. As part of their claims for relief, Plaintiffs have requested punitive damages. Plaintiffs are requesting that the Court bifurcate the liability phase of the trial from the damages phase. They also appear to seek a bifurcation of the punitive damages phase. They indicate that if Defendants are found to have acted with malice, fraud, and/or oppression, Plaintiffs can request leave of the Court to conduct financial d...
2023.02.02 Motion to Compel Further Responses, for Sanctions 037
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.02
Excerpt: ...esolved. Plaintiff has stated in the Opposition that supplemental answers were served and moving party had not responded indicating that the matter is no longer in dispute. BACKGROUND This action was filed on January 29, 2019. Plaintiff sued Defendants for 1) Gender-based/Sex Discrimination; 2) Sexual Harassment; 3) Failure to Prevent Discrimination and Harassment; 4) Failure to Correct and Remedy Discrimination and Harassment; 5) Retaliation for...
2023.02.01 Demurrer 880
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.02.01
Excerpt: ...1, upon leaving the United States and at various times, Plaintiff deposited or caused to be deposited the sum of USD 105,000 (“FUND”) to Defendant YE's bank account. Plaintiff asked Defendant to temporarily hold the FUND on Plaintiff's behalf and to promptly return all of the FUND to Plaintiff upon Plaintiff's request. But most of the funds were not returned by Defendant Ye when Plaintiff requested the return. Plaintiff filed a complaint on F...
2023.01.31 Motion for Summary Judgment 320
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.31
Excerpt: ...ng causes of action for breach of contract, account stated, and money lent. On or about October 31, 2002, Plaintiff received a Loan Application Agreement and Personal Guarantee on behalf of Defendant Daysun Ablakhad. (SSF Fact No. 1.) Defendant Ablakhad (Defendant) was granted a Business Line of Credit. (SSF Fact No. 2.) Plaintiff extended the Line of Credit to Defendant, which Defendant agreed to repay. (SSF Fact No. 3.) Defendant is in default ...
2023.01.31 Demurrer, Motion to Strike 100
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.31
Excerpt: ...s of action, both for aiding and abetting breach of fiduciary duty. The first cause of action is just directed at Defendant DRC Capital LLC, while the second one is directed at DRC Capital LLC and the other defendants. Plaintiff is alleging that a third party, Wellington Yang, breached his fiduciary duty to Plaintiff, as the two were members of Avant Development, which managed the Avant Luxury SFR Fund, an entity that specialized in flipping hous...
2023.01.30 Motion to Compel Arbitration 460
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.30
Excerpt: ... On December 5, 2022, Defendant filed the instant motion to compel arbitration and stay the action. Plaintiff opposes. Legal Standard on Motion to Compel Arbitration California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972.) The petitioner bears the burden of proving the exis...
2023.01.27 Motion for Judgment on the Pleadings, for Sanctions 387
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.27
Excerpt: ...tions (other than under the discovery statutes) my be filed without all parties first participating in an informal conference with the Court and obtaining permission from the Court to file such a motion. Defendant is ordered to prepare an order stating the Court's order on an informal conference, circulate it to Plaintiff's counsel for approval, and submit it to the Court for filing. DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS BACKGROUND App...
2023.01.26 Motion to Quash Deposition Subpoena for Medical Records 343
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.26
Excerpt: ...d depression arising from the Defendant's alleged employment harassment, retaliation, and discrimination of him. Defendant issued two subpoenas to Kaiser which are at issue in this motion. Because the parties have already indicated that Defendant is willing to limit the subpoenas, the Court shall not address the arguments that relate to the subpoenas as drafted. Based on the meet and confer process, the Defendant has indicated that it shall limit...
2023.01.26 Demurrer 330
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.26
Excerpt: ...rated city in California and is a public entity. This action was originally filed by Plaintiff on June 21, 2022. Defendant filed this Demurrer on December 5, 2022. No opposition has been filed by Plaintiff. Defendant demurs to Plaintiff's entire complaint on the basis that Plaintiff failed to allege in her complaint that Plaintiff had filed a claim with Defendant within 6 months of the date of the incident. ANALYSIS As a general matter, in a demu...
2023.01.12 Special Motion to Strike 210
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.12
Excerpt: ...y pay earned wages; 5) Violation of Labor Code § 2802; and 6) Violation of Labor Code § 226.8. She filed this complaint after her employment with Cross-Complainants ended. On November 14, 2022, Cross-Complainants filed their Cross-Complaint stating causes of action for 1) Tortious Intentional Interference with Contract; 2) Tortious Interference with Prospective Economic Advantage and 3) Defamation. Their Cross-Complaint was based on statements ...
2023.01.11 Demurrer to FAC 732
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.11
Excerpt: ...ree causes of action for (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. In June 2019, Plaintiff leased a 2017 Hyundai Elantra from Fair Titling Trust under their Fair Weekly Agreement for use in the Fair Weekly Membership program for Uber drivers. (FAC ¶ 1.) The vehicle was insured by Fair Title Trust and underwritten and issued by Voyager. (FAC ¶ 2.) The policy issued by Voyager p...
2023.01.03 Motion to Strike 467
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.01.03
Excerpt: ...uld require Defendant to have disability accommodations. Defendant has filed a motion to strike on December 6, 2022, alleging that these requests are improper remedies for violations of the Unruh Civil Rights Act. Plaintiff filed an opposition on December 21, 2022, arguing that Defendant's motion to strike was untimely filed and that the remedies requested were proper. Defendant filed its reply in support of the motion on December 21, 2022. JUDIC...
2022.12.21 Motion for Summary Judgment, Adjudication 137
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.21
Excerpt: ...aint ¶ 10.) They allege that the vehicle was defective. (Complaint ¶ 11, 12.) These defects were not properly remedied. (Complaint ¶ 15.) Defendant asks this Court to determine on summary judgment that there are no warranties that exist as alleged. “Plaintiffs' cause of action for breach of express warranty under the Song-Beverly Act are without merit because Plaintiffs bought a used vehicle and KA did not issue any express warranties at the...
2022.12.13 Motion for Mistrial 579
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.13
Excerpt: .... Thereafter the parties made a number of filings related thereto. They are part of the Court's file. Judge Mooney filed his October 21, 2022 “Final Statement of Decision” while he remained a Superior Court Judge. The parties disagree on the question of whether the decision process was completed properly or whether a mandatory step had not been completed by Judge Mooney such that a mistrial is mandated by the inability of this bench officer t...
2022.12.13 Demurrer, Motion to Strike 015
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.13
Excerpt: ...nt; (5) fraud in concealment; and (6) medical/dental malpractice. These causes of action arise out of an incident in which Plaintiff claims that Defendant made certain representations to Plaintiff regarding a dental procedure that Defendant was performing, then allegedly failed to follow through on those representations. Procedural This action was originally filed by Plaintiff on October 7, 2021. Plaintiff has amended her original complaint sever...
2022.12.13 Demurrer 494
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.13
Excerpt: ...tive trust. Defendant filed this Demurrer on October 27, 2022, challenging the validity of the third cause of action for constructive trust on the ground that a constructive trust is a remedy, not a cause of action. Plaintiff has not filed any opposition to the Demurrer. “A demurrer tests the pleading alone, and not the evidence or facts alleged.” (E-Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) As such, the court ...
2022.12.12 Motion for Attorney Fees 681
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.12
Excerpt: ...ately an award of attorney's fees pursuant to contract was made in this Court. In the ensuing years the judgment creditors have filed a number of Memorandum of Costs seeking enforcement related costs. On February 12, 2018, judgment debtors filed for bankruptcy. Relief from stay has recently been granted to allow the judgment creditors to seek an award of attorney's fees pursuant to Code of Civil Procedure §§'s 685.040 and 685.080, the Bankruptc...
2022.12.12 Demurrer 553
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.12
Excerpt: ...ly “alleges” several causes of action related to the suspension of Plaintiff's driver's license. The exact “causes of action” and which parties they are directed against are difficult to discern. This action was initiated on September 1, 2022. Plaintiff filed his First Amended Complaint on September 6, 2022. That document is the subject of the demurrers of Defendant George Gascon, District Attorney and Defendants Sherri R. Carter, Court E...
2022.12.08 Motions to Compel Responses, for Sanctions 713
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.08
Excerpt: ...This case was filed on September 18, 2020. The complaint alleges a slip and fall incident at Mirage Resort and Casino in Las Vegas. Plaintiff is alleging medical negligence against Defendant for Defendant's treatment of Plaintiff's injuries following the incident. Defendant filed the three discovery motions at issue on November 9, 2022. Defendant filed the Motion to Compel Responses to Form Interrogatories, Set Three, pursuant to CCP sections 203...

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