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2023.07.25 Motion to Dismiss for Failure to Effect Service within 3 Years 242
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.25
Excerpt: ...ina. (Complaint ¶ 1.) Defendant Ling Yang Dong is alleged to be a resident of the People's Republic of China. (Complaint ¶ 2.) Defendant Ling Yan Dong's wife is alleged to reside in Los Angeles County, California. (Complaint ¶ 3.) It is claimed that Defendant Ling Yan Dong and his wife own a single family residence in Arcadia, California with a value (in 2017) claimed to be $6,000,000. “10. Plaintiff herein brought suit in the Trial Court on...
2023.07.20 Motion to Quash Subpoena 636
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.20
Excerpt: ... (Defendant). These subpoenas were issued to Plaintiffs' law firm Irell & Manella LLP (Irell) and Ede Ibkewe, an Irell lawyer. The subpoena seeks documents and communications related to the 2018 restructuring of the Flyer business and the relationship between Flyer Next and its 50-50 owners Plaintiff Flyer Technologies and Defendant Marvin. Plaintiffs argue that Defendant seeks privileged documents that are also protected by the attorney work pro...
2023.07.19 Motion to Compel Arbitration 545
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.19
Excerpt: ...hat took place while she was employed by them. When Plaintiff began working for Defendants, she signed an offer letter and an Arbitration Agreement and Acknowledgment. The Arbitration Agreement requires Plaintiff to arbitrate certain employment-related claims. The agreement at issue reads, in part, as follows: “Except as otherwise provided in this Agreement, any legal claim, controversy, or dispute you may have with Equity or which Equity may h...
2023.07.14 Demurrer to SAC, Motion to Strike 084
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.14
Excerpt: ...plaint with Motion to Strike I. BACKGROUND This is one of a number of cases that this Court has involving claims by various former residents of an apartment building alleged to have been owned and/or managed by Defendants. The Complaints are very similar. However, not all the plaintiffs have the same status. For instance, in this case all of the Plaintiffs claim to have resided at the premises, yet none were parties to a rental agreement. In this...
2023.07.12 Demurrer to TAC, Motion to Strike 565
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.12
Excerpt: ...mplaint alleges nine causes of action related to his tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes of action that Plaintiffs are alleging are for (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) private nuisance; (5) violation of Inglewood Municipal Code 8-123; (6) fraud; (7) unfair business practices; (8) intentional i...
2023.07.12 Demurrer to TAC, Motion to Strike 155
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.12
Excerpt: ... Amended Complaint alleges eight causes of action related to his tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes of action that Plaintiffs are alleging are for (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) private nuisance; (5) fraud; (6) unfair business practices; (7) intentional infliction of emotional distress; and ...
2023.07.11 Demurrer to SAC, Motion to Strike 330
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.11
Excerpt: ...misrepresentation, (5) intentional infliction of emotional distress, (6) assault, and (7) battery by a police officer. All the claims arise out of a traffic stop of Plaintiff Vonneisha McMurray on October 20, 2020. Plaintiff Vonneisha McMurray was the driver of the vehicle. (SAC ¶¶ 9-10.) Plaintiff Robert McMurray is alleged to be Plaintiff Vonneisha McMurray's father and was present in the vehicle when the traffic stop took place. No other all...
2023.07.07 Demurrer to SAC 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.07
Excerpt: ...ilure to Provide Accurate Wage Statements, Waiting Time Penalties, 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 for the clinic. Plaintiff alleges in her SAC that all of the Defendants were engaged in unlawful business practices, and that they failed to provide her with meal and rest periods and ac...
2023.07.06 Motion to Enforce Settlement 495
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.06
Excerpt: ...sum of $125,000.0 is due and owing under the Settlement Agreement. (Motion at pp. 4-5.) Because of Defendants' failure to pay, Plaintiff filed this motion pursuant to CCP § 664.6 and is requesting attorneys' fees and costs for bringing the motion. Plaintiff's counsel indicated that he spent 5 hours on the motion at his billing rate of $650 and expected to spend an additional 5 hours reviewing opposition, preparing a reply, and attending the hear...
2023.07.05 Demurrer 648
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.05
Excerpt: ...of action for breach of oral contract, fraud, and violation of Penal Code § 496(a). The basis of Plaintiff's complaint is that one or both of Defendants orally promised Plaintiff $50,000 if Plaintiff found them a tenant for their real property and that tenant signed a lease for a term of one year or greater. Plaintiff alleges that he found Defendant(s) a tenant who signed a lease with Defendant(s) for a lease of three years. As a result, Plainti...
2023.06.30 Motion to Compel Arbitration 064
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.30
Excerpt: ...rs. During his onboarding process for the sales consultant position with Hollywood Motor Cars, Plaintiff signed a binding arbitration agreement to arbitrate claims related to his employment. The agreement at issue reads, in part, as follows: “By signing my name below. . .I agree to pursue any claims I might have against the Company that currently exist or that may arise in the future exclusively through binding arbitration; similarly, the Compa...
2023.06.30 Motion for Relief from Jury Waiver 119
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.30
Excerpt: ...ruary 20, 2019. However, Defendant paid the jury fees on November 15, 2021. (Opposition pg. 3:7-8.) Plaintiff claims that it inadvertently failed to pay the $150 jury fee. (Martin Decl., ¶ 5.) After this occurred, Plaintiff changed counsel several times over the years. At no time prior to June 2023 did either party indicate that they expected anything other than a jury trial. In fact, on June 2, 2023 the parties filed their Joint List of Jury In...
2023.06.28 Motion to Bifurcate 434
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.28
Excerpt: ...ation of any defendant, preclude the admission of evidence of that defendant's profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. (Bold Added.) But the Motion also states “[t] he issue of Plaintiffs' entitlement to punitive damages is properly severed. (Cal. Civ. Code § 3295(d)....
2023.06.28 Demurrer to FAC 315
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.28
Excerpt: ...demurrer. Apparently, defendant must have provided plaintiff a copy of the anticipated demurrer, as on May 10, 2023, before the demurrer was filed, Plaintiff filed his Opposition. Plaintiff West Coast Add It Up Add Agency filed a one page First Amended Complaint. The material allegations appear in two paragraphs. “1. From Nov. 16th, 2017, the west coast add it up ad agency is alleging non-payment for a service provided. The debtor was billed fo...
2023.06.26 Motion for Summary Judgment 550
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.26
Excerpt: ...ghly the same time period, Marcos Vega also worked as a sergeant at the Downey Shelter. (UMF 7.) Berrelleza and Vega held the same rank, with neither having supervisory power over the other. (UMF 9.) During the time period that Berrelleza and Vega worked together, Berrelleza alleges that Vega sexually harassed her in several different ways. (UMF 12.) On or about September 25, 2018, another employee filed a group grievance against Berrelleza regar...
2023.06.26 Demurrer 012
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.26
Excerpt: ... complaint is very unclear as to what happened and when it happened. The complaint appears to allege three causes of action for “manipulating the Court”, “falsifying documents”, and “violation of civil rights”. It seems that Plaintiff is alleging that the police department falsified documents which has led to Plaintiff being in court multiple times and which led to a “5150 hold” being placed on Plaintiff. However, Plaintiff's comp...
2023.06.23 Demurrer 100
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.23
Excerpt: ...o DRC. DRC is also alleging that Chang misappropriated and kept funds that were meant for it. DRC has alleged six causes of action against Chang in its Cross-Complaint for (1) fraud/deceit; (2) negligent misrepresentation; (3) aiding and abetting breach of fiduciary duty I; (4) aiding and abetting breach of fiduciary duty II; (5) unjust enrichment; and (6) conversion. Chang filed his demurrer to the Cross-Complaint on May 19, 2023, arguing that D...
2023.06.22 Motion to Compel Deposition of PMQ 437
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.22
Excerpt: ...should pay toward the repairs for a wooden deck of Plaintiffs that was destroyed during a wildfire. To fully evaluate Plaintiffs' damages claim, Defendants subpoenaed Holcomb Engineering for a deposition. Holcomb Engineering was the company that excavated and constructed a new retaining wall. The Person Most Knowledgeable for Holcomb Engineering failed to appear for the deposition scheduled for April 12, 2023. Holcomb was properly served the depo...
2023.06.22 Motion for Relief from Default Judgment 042
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.22
Excerpt: ...ntil October 2022 when he spoke with a broker who informed him that there was a judgment against the purported guarantor of Plaintiff's loan. (Patel Decl., ¶ 6, Patel Second Decl., ¶¶ 2-4.) After discovering the existence of the default judgment against him, Patel obtained counsel and attempted to negotiate with Plaintiff to stipulate to vacate the default, but Plaintiff was unwilling to do so. (Patel Decl., ¶¶ 7-8.) Subsequently, Patel file...
2023.06.21 Motion for Attorney Fees 195
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.21
Excerpt: ... Plaintiffs are entitled to attorney's fees and costs. Plaintiffs filed this motion on April 15, 2023, pursuant to Civ. Code § 1794(d). General Motors (GM) agreed to pay attorney's fees in the settlement agreement, which was signed on September 7, 2022. Plaintiffs are requesting $74,497.00 in attorney's fees based on the legal services that the firm provided. Plaintiffs argue that the attorney's fees that they have requested are reasonable and c...
2023.06.15 Demurrer to FAC, Motion to Strike 299
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.15
Excerpt: ...t Shoe Palace (Shoe Palace). Jayden was an employee of Shoe Palace, however Plaintiff's FAC alleges that he was off-duty at the time he was shot. Plaintiff has alleged 7 causes of action against Defendants Nike and Nike USA (collectively Nike) and Shoe Palace. The causes of action which Plaintiff has alleged are (1) Unfair and Deceptive Advertising (just against Nike); (2) Negligence; (3) Product Liability; (4) Premises Liability (just against Sh...
2023.06.15 Demurrer 045
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.15
Excerpt: ... I. BACKGROUND This matter arises out of a troubled construction project at a property owned by Cross- Complainant Satila America Corporation (Satila). Satila hired Cross-Defendant Current Electric (Current) to engage in electrical installation at the worksite. During construction, Satila allegedly stopped paying for Current's materials, which led Plaintiff Walters Wholesale Electric Co. (Walters Wholesale) to file the Complaint against Current. ...
2023.06.08 Motion to Compel Arbitration 619
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.08
Excerpt: ...related to gender and disability discrimination. On January 24, 2020, Plaintiff signed a written Arbitration Agreement in connection with her employment, in which it was agreed that she would arbitrate disputes related to her employment. (Petition, p. 2, ¶ 2, Ex. 1.) The Arbitration Agreement indicates that it will be solely governed by the Federal Arbitration Act, and the arbitration will be subject to the rules of the American Arbitration Asso...
2023.06.08 Motion for Attorney Fees, to Tax Costs 022
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.08
Excerpt: ...itle Moving Party – Defendant/Cross-Complainant USA National Title Company, Inc. Responding Party – Plaintiff Andrea Goffredo Favilli 4) Motions to Tax Costs – USA National Title Moving Party – Plaintiff Andrea Goffredo Favilli Responding Party – Defendant/Cross-Complainant USA National Title Company, Inc. DEFENDANTS/CROSS-COMPLAINANTS HANS TUNG AND FANG YU HUANG: 1. Motion for Attorney's Fees – Tung These four motions come near the e...
2023.06.01 Motion for Attorney Fees 915
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.01
Excerpt: ... party, Plaintiff is entitled to attorneys fees pursuant to a written contract betw•een the parties. Plaintiffs attorney is requesting $37,375.00 in fees based on 57.5 hours of work at S650.00 an hour. The attorneys declaration only has a breakdown of those hours based on the categories of pre-litigation hours, state court litigation hours, pre-trial hours, trial hours, and motions. Plaintiff also requests costs in its motion. Opposing Partys P...
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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