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2024.03.25 Petition to Correct Arbitration Award 157
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.25
Excerpt: ...BACKGROUND On April 12, 2023, petitioners Jacob and Courtney Schkud filed a petition to correct arbitration award against respondent Dale Firman. LEGAL AUTHORITY “Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determines that: . . . (b) The arbitrators exceeded their powers but the award may be corrected without affecting the merits o...
2024.03.25 Motion to Set Aside Default 732
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.25
Excerpt: .... The default entered on February 27, 2024 against defendant Derek Leroy Turner is vacated. Defense counsel is ordered to pay $100 to plaintiff's counsel in reasonable compensatory legal fees and costs. Defendant is to file a responsive pleading forthwith. BACKGROUND On November 9, 2023, plaintiff Abel Ramirez filed a complaint against defendants LAZ Parking California, LLC and Derek Leroy Turner for negligence based on an incident where plaintif...
2024.03.22 Motion to Compel Further Responses 972
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.22
Excerpt: ...pposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE as to plaintiff's motion to compel further responses to plaintiff's request for production of documents, set one, Nos. 16- 21 and 49-51 relating to civil penalty to be conducted in a “phase 2,” after determination of d efects in the subject vehicle. The Court is ordering the case bifurcated for both discovery and trial. In phase one the parties shall try the basic Song...
2024.03.21 Motion to Compel Responses 096
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.21
Excerpt: ... to Special Interrogatories (Set One) (3) Motion to Compel Responses to Request for Production of Documents (Set Two) (4) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents (5) Motion to Compel Responses to Special Interrogatories (Set One) (6) Motion to Compel Responses to Request for Production of Documents (Set One) The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED to the e...
2024.03.21 Motion to Compel Further Responses 318
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.21
Excerpt: ...NG The motion is DENIED. BACKGROUND On November 22, 2022, plaintiff S.W. filed a complaint against defendants Ginder Marshall, M.D., an individual, and Ginder Marshall, M.D., a professional corporation for (1) sexual assault and battery, (2) IIED, (3) medical battery, (4) failure to obtain informed consent, and (5) negligent misrepresentation. On April 27, 2023, the court overruled defendants' demurrer as to the 1st and 2nd causes of action and s...
2024.03.21 Demurrer to FAC, Motion to Strike 208
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.21
Excerpt: ...rrer to FAC (2) Motion to Strike The court considered the moving and opposition papers. RULING The demurrer to the first, second, third, and fourth causes of action in the FAC are OVERRULED. The motion to strike is DENIED. Defendants are ordered to file an answer within 20 days. BACKGROUND On September 30, 2021, plaintiffs Esperanza Asberry, Samuel L. Asberry, Jr., and Candis Ashberry aka Candis Asberry, ind. and as heirs and successors in intere...
2024.03.20 Motion for Leave to Amend Complaint 492
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.20
Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant Kiewit is ordered to file its FACC within five days. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez filed a wrongful death and survival action complaint against City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc. for (1) dangerous condition of public property, (2) strict p...
2024.03.19 Motion for Terminating Sanctions 172
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.19
Excerpt: ...rminating sanctions is GRANTED. The complaint filed on November 7, 2022 is DISMISSED WITH PREJUDICE. BACKGROUND On November 7, 2022, plaintiff Austin Brennan filed a complaint against City of Culver City and Minerva Rodriguez for motor vehicle negligence. Plaintiff alleges that on January 14, 2022, City of Culver bus driver Rodriguez did not yield the right of way to pedestrian plaintiff who was traveling on a bicycle. As a result of a failure to...
2024.03.19 Demurrer to SAC 711
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.19
Excerpt: ...urrer to the third, fourth, fifth, and sixth causes of action in the SAC is OVERRULED. Defendants are ordered to file answers within twenty days. BACKGROUND On August 18, 2022, plaintiff filed a complaint against defendant Doe 1 and Does 2 through 25 for (1) negligence as to District, (2) negligent hiring, retention, and supervision as to District, (3) negligence as to Does 2 through 25, and (4) negligent hiri ng, retention, and supervision as to...
2024.03.18 Demurrer, Motion to Strike, to be Relieved as Counsel 856
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.18
Excerpt: ... (1) Demurrer (2) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer to the First, Second, and Fourth Causes of Action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is DENIED and is moot in light of the ruling on the demurrer. BACKGROUND On June 13, 2023, Lonnie Lee Gipson and Betty Gipson, ind. and as guardian ad litem of Lonnie Lee Gipson, filed a complaint again...
2024.03.18 Demurrer 066
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.18
Excerpt: ...9, 2023, plaintiff Zula Tucker Living Trust, Fred Tucker, trustee (self -represented) filed a complaint against County of Los Angeles, County of Los Angeles Board of Supervisor, and County of Los Angeles Tax Assessor for breach of contract. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests...
2024.03.15 Demurrer 512
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.15
Excerpt: ...INED WITH FIVE DAYS 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 com...
2024.03.15 Demurrer, Motion to Strike 098
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.15
Excerpt: ...e Second Amended Complaint received on November 20, 2023 is deemed filed. The “Fourth Amended Complaint” received on December 4, 2023 is rejected. The demurrer to “claim for negligent infliction of emotional distress and vicarious liability” is OVERRULED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to exemplary and punitive damages in the SAC. Defendants are ordered to file an answer within 20 days to the SAC, which is the o...
2024.03.15 Motion to Bifurcate Trial 123
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.15
Excerpt: ...ntiffs Robert Nantz, Jr., in and through his successor in interest Barbara Nantz, and Barbara Nantz Motion to Bifurcate Trial Into Two Phases to Determine (1) Liability and Compensatory Damages and (2) Punitive Damages The court considered the moving, opposition, and reply papers. (Plaintiff's “Opposition” agrees that bifurcation is appropriate but addressed some issues related to the specifics of the manner in which the bifurcated trial woul...
2024.03.14 Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment 637
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.14
Excerpt: ...The motion is GRANTED. See Stipulated Consent Judgment BACKGROUND On March 3, 2023, CalSafe Research Center, Inc. filed a complaint for civil penalties and injunctive relief against Mercado Latino, Inc. for violation of Proposition 65. LEGAL AUTHORITY Health and Safety Code § 25249.7(f)(4) requires court approval of all settlements (other than voluntary dismissals) of actions under the Act brought by a person in the public interest. The court ca...
2024.03.14 Motion to Approve Proposition 65 Settlement and Stipulated Consent Judgment 287
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.14
Excerpt: ...rs. RULING The motion is GRANTED. See Stipulated Consent Judgment. BACKGROUND On November 18, 2022, CalSafe Research Center, Inc. filed a complaint for civil penalties and injunctive relief against Overseas Food Distribution, LLC for violation of Proposition 65. LEGAL AUTHORITY Health and Safety Code § 25249.7(f)(4) requires court approval of all settlements (other than voluntary dismissals) of actions under the Act brought by a person in the pu...
2024.03.14 Demurrer 009
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.14
Excerpt: ...murrer is SUSTAINED on the grounds of uncertainty within 20 days leave to amend granted. BACKGROUND On December 6, 2023, plaintiff Mahin Golchin filed a complaint against LAX Physical Medicine, LAX Physical Therapy, and Matthew Araghi for general negligence; and against DJO Global, Inc. for product liability. On January 26, 2024, plaintiff filed an amendment designating Doe 1 as Matthew Szkalak. The Complaint appears to attempt to assert two caus...
2024.03.13 Motion to Authorize Substituted Service of California Secretary of State 132
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.13
Excerpt: ...izing Substituted Service on Defendant Realty Holdings PSJC LLC by Serving the California Secretary of State The court considered the moving papers. No opposition papers were filed. RULING The motion is GRANTED. BACKGROUND On June 30, 2023, plaintiffs Ostralia J. Mathews and A'Myah Jackson, a minor, by and through her guardian ad litem, Ostralia J. Mathews filed a complaint against defendants Coastline Real Estate Advisors, Inc., South Bay Estate...
2024.03.13 Motion for Trial Setting Preference 205
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.13
Excerpt: ...ICE. (But the Court shall ask at the hearing that the parties be prepared to discuss setting the matter for an early trial date without the need to file a new motion.) BACKGROUND On December 15, 2023, plaintiff Alma Savoy filed a complaint against defendants West Gardena Post Acute and DOES 1 through 100, alleging a cause of action for medical negligence. The complaint alleges that, in or around November 2023, plaintiff fell while in the care of ...
2024.03.12 Petition for Order from Relief from Claim Statute 219
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.12
Excerpt: ...n, and reply papers. RULING The petition is GRANTED. Petitioner to give notice of ruling. BACKGROUND On May 24, 2023, petitioner Jennifer Lanchinebre filed a petition for leave to present late governmental claims against the City of Inglewood, County of Los Angeles, and State of California. On October 20, 2023, State of California was dismissed without pr ejudice. LEGAL AUTHORITY Before a suit for damages may be filed against a public entity, a c...
2024.03.12 Motions for Summary Judgment 700
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.12
Excerpt: ...on for Summary Judgment The court considered the moving, opposition, and reply papers. RULING Defendant TMMC's Motion for Summary Judgment is GRANTED. BACKGROUND Plaintiff Claudia Mendoza underwent an ultrasound for her pregnancy on July 21, 2020, as ordered by Defendants. Defendant Albert Grabb, MD read the ultrasound that day and reported that the images suggested there was an abortion in progress. Defendant Ricardo Huete, MD thereafter prescri...
2024.03.12 Motion to Compel Arbitration and Stay Court Proceedings 567
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.12
Excerpt: ...nding Party: Plaintiffs John Yelusich and Donna Yelusich Defendants Driftwood Healthcare & Wellness Center, LC, Citrus Wellness Center, LLC, and Driftwood Healthcare Center's Motion to Compel Arbitration and Stay Court Proceedings The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Proceedings in this action are stayed pending the outcome of the arbitration. BACKGROUND On May 17, 2023 John Yelusich and Don...
2024.03.12 Demurrer, Motion to Strike 688
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.12
Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer is sustained with leave to amend as to the first and second causes of action. The motion to strike is moot. Moving party is ordered to give notice of ruling. BACKGROUND On August 16, 2023, plaintiff Gary R. Herron II filed his complaint against defendants City of Los Angeles, Hyatt Corporation, and Does 1 through 30 alleging premises liability. On October 4, 2023, plaintif...
2024.03.12 Demurrer to FAC 890
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.12
Excerpt: ...item, Kevin Clark Defendants Dignity Community Care dba Northridge Hospital Medical Center's Demurrer to the First Amended Complaint The court considered the moving, opposition, and reply papers. RULING The motion is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the first cause of action in the FAC. BACKGROUND On October 3, 2023, plaintiff Barbara Clark, by and through her guardian ad litem, Kevin Clark, filed a complaint against Prime Healthcare C...
2024.03.11 Motion to Approve Consent Judgment 082
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.11
Excerpt: ...the moving papers. No opposition or reply papers were filed. RULING Plaintiff's Motion to Approve Consent Judgment is GRANTED. BACKGROUND On April 7, 2023, Plaintiff Keep America Safe and Beautiful, Inc. filed this action alleging violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code §25249.6 , et seq. (“Proposition 65”). Plaintiff alleges Defendant Viking Cue Manufacturing, LLC failed to ...
2024.03.11 Motion to Compel Mental Exam 350
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.11
Excerpt: ...laintiff The court considered the moving, opposition, and reply papers. RULING Defendant's Motion to Compel IME is GRANTED. However, the IME shall be limited to 4 hours and Defendant is ordered to provide results from the testing within 48 hours. Plaintiff is ordered to appear for IME on March 14, 2024 at 9:00 am within 75 miles of San Marcos, CA. BACKGROUND During the 2004- 2005 school year, Plaintiff was sexually assaulted by Thomas Wallace whi...
2024.03.11 Motion to Vacate and Enter Different Judgment 315
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.11
Excerpt: ...24 Motion To Vacate and Enter Different Judgment The court considered the moving papers. No opposition or reply papers were filed. RULING The Motion to Vacate and Enter Different Judgment is denied. BACKGROUND Plaintiffs allege Defendant Los Angeles County Metropolitan Transportation Authority is using Plaintiff's private property for public usage without compensation. Plaintiffs allege Defendants Evan Rosenberg and Alvin Kusumoto converted the p...
2024.03.08 Petition to Confirm Arbitration Award and for Entry of Judgment 418
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.08
Excerpt: ... filed. RULING The unopposed petition is GRANTED provided that petitioner files proof of service that the petition and supporting documents were served on respondent. BACKGROUND Petitioner Herbert Neslon Messick filed a petition to confirm the arbitration award and for entry of judgment against respondent Cetera Advisor Networks LLC pursuant to CCP § 1280, et seq. Petitioner seeks an order of judgment confirming the final and binding Financial I...
2024.03.08 Motion to Compel Arbitration and Stay Proceedings 401
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.08
Excerpt: ...ay Proceedings The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On May 3, 2023, plaintiffs Serina Reed and Mitchell Reed filed complaint against Hyundai Motor America for violation of Song-Beverly Act – Breach of Express Warranty. On April 25, 2017, plaintiffs purchased a new 2017 Hyundai Elantra from South Bay Hyundai . (Ameripour Decl., Exhibit 2 Retail Installment Sale Contract “RISC”...
2024.03.08 Motion for Leave to File FAA 592
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.08
Excerpt: ...ULING The motion is GRANTED. BACKGROUND On December 23, 2022, Jane Doe K.D. filed her complaint against Doe 1, Doe 2, and Does 3 through 60 asserting six causes of action for (1) childhood sexual abuse; (2) intentional infliction of emotional distress; (3) negligence based on Government Code §§ 815.2 and 820; (4) failure to report suspected child abuse (Government Code §§ 815.2, 815.6 and 820); (5) negligent supervision of a minor (Government...
2024.03.07 Demurrer, Motion to Strike 301
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.07
Excerpt: ...g, opposition, and reply papers. RULING Defendant Green Hills Memorial Park's Demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendant's Motion to Strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND Plaintiff alleges she was confronted by Defendant Green Hills Memorial Park's employees regarding her presence at Green Hills Memorial Park, where Plaintiff's daughter is buried. Plaintiff alleges she was visiting her daughter and was entitl...
2024.03.07 Demurrer 714
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.07
Excerpt: ...e demurrer is SUSTAINED with 20 days leave to amend. BACKGROUND On August 17, 2023, plaintiff 2522 The Strand LLC filed a complaint against defendants Brian Taylor for unlawful detainer. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests the pleadings alone and not the evidence or other ext...
2024.02.29 Motion for Leave to File Complaint 173
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.02.29
Excerpt: ...ion papers. The court had granted defendants' ex parte application shortening time. RULING The motion is GRANTED. Defendants are ordered to file a cross- complaint within five days. The FSC and trial date are vacated. The court sets an OSC re _____ for ________. BACKGROUND On November 7, 2022, plaintiff Phillip Robert Sarabia, Jr. filed a complaint against Ernie Johnson, CPP Group Holdings, LLC, and Jenetta Fisher for motor vehicle negligence and...
2024.02.26 Motion for Summary Judgment, Adjudication, Terminating Sanctions 745
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.02.26
Excerpt: ...nt The court considered the moving papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. BACKGROUND On February 9, 2021, Esonie Cain, individually and as personal representative of the Estate of Loquita Crawford Ervin, filed a complaint against Luzviminda Montecillo, M.D., Centinela Hospital Medical Center, and Century Villa, Inc. for medical malpractice/wrongful death. On June 2, 2022, the court granted defendant Pr...
2024.02.02 Motion to Compel Further Responses 788
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.02.02
Excerpt: ... considered the moving, opposition, and reply papers. RULING The motion is GRANTED in part. Defendant UBC is ordered to respond further in compliance with CCP §2031.220, et seq. and to produce responsive documents in response to Nos. 4, and 8, within 20 days. The parties should be prepared to argue requests 5, 6 and 7. Defendant UBC is ordered to serve a privilege log within 20 days. The motion is DENIED as to Nos. 1, 2, 3, and 9. BACKGROUND On ...
2024.02.02 Motion for Leave to File Complaint 843
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.02.02
Excerpt: ...d the moving and opposition papers. RULING The motion is GRANTED. Defendants are ordered to file the cross-complaint within five days. BACKGROUND On June 8, 2023, plaintiffs Theodore Halkias and Jill Halkias filed an unlawful detainer complaint against Rory Kuhn and Je'Nai Kuhn based on a three-day notice to pay rent or quit, based on monthly rent of $10,000, for property located at 1605 Magnolia Avenue, Manhattan Beach. On July 17, 2023, on the ...
2024.02.01 Motion for Summary Judgment, Adjudication 096
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.02.01
Excerpt: ...n, and reply papers. RULING The motion for summary judgment is CONTINUED to ___[confer with parties]____. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6...
2024.02.01 Demurrer 205
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.02.01
Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...
2024.01.31 Motion to Set Aside Preliminary Injunction 212
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.31
Excerpt: ...e moving, opposition, and reply papers. RULING The motion is GRANTED. The preliminary injunction issued on September 15, 2023 is set aside, the TRO remains in place, and the court sets an OSC hearing re preliminary injunction for [parties to address]. BACKGROUND On April 19, 2023, plaintiff Martin Hutto filed a complaint against City of Torrance and Torrance Police Department for (1) violation of POBRA, (2) declaratory relief, and (3) Labor Code ...
2024.01.31 Motion for Right to Attach Order and Issuance of Writ of Attachment 865
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.31
Excerpt: ...and Issuance of Writ of Attachment The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED in the amount of $93,031.75, and conditioned upon plaintiff's payment of an undertaking in the amount of $10,000 as to each defendant and submission of a proposed right to attach order and order for issuance of writ of attachment after hearing (Form AT-120). BACKGROUND On September 28, 2022, plaintiff Philadelphia Indemni...
2024.01.29 Motion for Summary Judgment 134
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.29
Excerpt: ... Gamboa Motion for Summary Judgment The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. BACKGROUND On July 24, 2019, plaintiff Ramona Murillo Gamboa filed a complaint against defendants Los Angeles World Airports, City of Los Angeles, SAS Services Group, Concesionaria Vuela Compania de Aviacion S.A.P.I. De C.V., and Controladora Vuela Compania de Aviacion, S.A.B. De C.V. for (1) premis...
2024.01.26 Motion to Compel Further Discovery Responses 336
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.26
Excerpt: ...pon plaintiff's payment of additional $120 in filing fees. The motion is DENIED as to Form Interrogatory No. 50.1 and Special Interrogatory No. 1. Defendant DCW Logistics Services, Inc. is ordered to respond further to plaintiff's Form Interrogatory No. 17.1 and Requests for Production, Nos. 1-7 within 20 days. The court awards sanctions in favor of plaintiff Alpine and against defendant and defense counsel in the amount of $860 to be paid within...
2024.01.26 Motion to Compel Deposition of PMQ 479
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.26
Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED. Defendant General Motors, LLC is ordered to produce its PMQ(s) within 20 days on a mutually agreeable date and time on the categories as set forth in the notice of deposition. BACKGROUND On February 21, 2023, plaintiffs Renee Khang and Richard Khang filed a complaint against General Motors LLC for violations of Song Beverly Act. On November 16, 2023, the court granted plaintiffs' motion t...
2024.01.26 Motion to Compel Arbitration and Stay Action 572
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.26
Excerpt: .... RULING The motion is DENIED. BACKGROUND On February 28, 2023, plaintiff Liliana Ramirez filed a complaint against Nissan North America, Inc. for violations of Song-Beverly Act and fraudulent inducement-concealment with respect to a 2020 Nissan Murano. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such g...
2024.01.25 Demurrer 943
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.25
Excerpt: ... LEAVE TO AMEND as to the 2 nd cause of action. Defendant is ordered to file an answer within 20 days. BACKGROUND On March 29, 2023, plaintiff Diane Burnett filed a complaint against City of Santa Monica for (1) negligence and (2) negligence and statutory liability. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216,...
2024.01.24 OSC Re Preliminary Injunction 825
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.24
Excerpt: ...reliminary injunction is GRANTED except as to JPMorgan Chase Bank, N.A. The preliminary injunction is DENIED as to JPMorgan Chase Bank, N.A. BACKGROUND On November 17, 2023, Palm West Escrow, Inc. filed a complaint against Capital One, N.A. and Does 1-50 for (1) declaratory relief, (2) breach of implied contract (against Does), (3) fraud/conversion (against Does), and (4) money had and received/unjust enrichment. On November 28, 2023, the court g...
2024.01.23 Motion to Compel Answers 959
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.23
Excerpt: ...tiff to Answer Special Interrogatories, Set No. One (3) Motion for Order Compelling Plaintiff to Respond to Demand for Production, Set No. One The court considered the moving papers. No opposition was filed, although Plaintiff's counsel filed a statement attesting that his client is not cooperating with him and he should not be sanctioned. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendants' Form and S...
2024.01.23 Demurrer, Motion to Strike 132
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.23
Excerpt: ... (2) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th and 6 th causes of action and SUSTAINED WITH TEN DAYS LEAVE TO AMEND as to the 7 th cause of action. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND On June 30, 2023, Ostralia J. Mathews and O'Myah Jackson, a minor by and through her guardian, Ostralia J. ...
2024.01.23 Demurrer 238
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.23
Excerpt: ...The demurrer is OVERRULED as to the Fifth and Sixth causes of action in the complaint. Defendants are ordered to file answers within 20 days. BACKGROUND On October 2, 2023, plaintiff Karen McManus filed a complaint against Ford Motor Company and Auto Nation Ford Valencia for (1) violation of Civil Code §1793.2(d), (2) violation of Civil Code §1793.2(b), (3) violation of Civil Code §1793.2(a)(3), (4) breach of the implied warranty of merchantab...
2024.01.22 Motion for Judgment on the Pleadings 291
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.22
Excerpt: ...DENIED. BACKGROUND On November 21, 2022, plaintiff Jane Doe R.H. filed a complaint against defendants Doe 1, Doe 2, and Doe 3 through 60 for (1) childhood sexual abuse, (2) IIED, (3) negligence based on Gov. Code §§815.2 and 820, (4) failure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that in 1993/1994 schoolyear when she was around 16 or 17 years old and a student at Leuzinger Hi...

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