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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 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...

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