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2022.12.07 Motion to Compel Further Responses, for Sanctions 351
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.07
Excerpt: ...his motion on August 19, 2022. Defendant filed its opposition on August 26, 2022. Defendant replied on September 7, 2022. On September 14, 2022, the parties were ordered to conduct a meaningful meet and confer, and the subsequent follow-up hearing on this motion was continued a couple times, and it is now set for December 7, 2022. MOVING PARTY'S POSITION The moving party is requesting an order requiring Defendant to provide further responses to R...
2022.12.07 Motion for Summary Judgment 120
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.07
Excerpt: ...CKGROUND On April 13, 2021, Plaintiffs filed a complaint alleging two causes of action for professional negligence and negligent infliction of emotional distress. Plaintiff Joshua Kohan has dismissed his claim for negligent infliction of emotional distress, so the only claim left to be tried is the professional negligence claim of Plaintiffs Ayelet Kohan and Tehila Moeinzadeh. Plaintiffs are alleging that Defendant Dr. Rogers provided negligent p...
2022.12.07 Demurrer to SAC 144
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.07
Excerpt: ...sentation; and (4) Bad Faith. Plaintiffs purchased title insurance from Defendant. This action arises out of Plaintiffs' claim that Defendant's attorney, who was one of the attorneys representing Plaintiffs in a quiet title action, allegedly induced them to sign a settlement agreement by making misrepresentations to Plaintiffs. Defendant now seeks a demurrer as to Plaintiffs' second and third causes of action. Procedural This action was originall...
2022.12.06 Motion to Strike 454
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.06
Excerpt: ...of good faith and fair and dealing, and other causes of action arising out of the denial of Plaintiff Garza's permanent sports disability claim. Subsequently, Cross-Complainant filed this action against Cross-Defendant for four causes of action: fraud, negligence, negligent misrepresentation, and comparative fault/contribution. Cross-Complainant is alleging that Cross- Defendant is responsible, or at least partially responsible, for the events th...
2022.12.06 Demurrer to SAC, Motion to Strike 178
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.12.06
Excerpt: ...h of contract; (2) breach of covenant of good faith and fair dealing; (3) fraud – intentional misrepresentation; and (4) fraud – negligent misrepresentation. The causes of action arise out the alleged failure of Defendants to honor the Plaintiffs' homeowners' policy after Plaintiffs' sustained losses during the Woolsey Fire in 2018. This action was originally filed by Plaintiffs on February 2, 2022. Plaintiffs filed their Second Amended Compl...
2022.11.30 Motion for Reconsideration of Judgment Concerning Vexatious Litigant Decision 548
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.30
Excerpt: ... Plaintiff to furnish security in the amount of $30,000 to Defendant Adventist Health Glendale by October 7. Plaintiff has not done so, and instead he filed this motion. MOVING PARTY'S POSITION Plaintiff's argument is primarily that he should not have been deemed a vexatious litigant due to reasons that are unclear. He argues that the previous lawsuits he filed were not related to the current one, but as this Court has previously found, the recor...
2022.11.30 Demurrer 092
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.30
Excerpt: ...ction for trespass, nuisance, and negligence related to a property line dispute. Cross-Complainants subsequently filed a cross-complaint, alleging four causes of action for trespass, private nuisance, quiet title, and declaratory relief. Cross- Complainants demur to Cross-Defendant's answer to their cross-complaint. Cross- Complainants' cross-complaint was filed on July 25, 2022. Cross-Defendant filed her answer on September 15, 2022. Cross-Compl...
2022.11.29 Demurrer, Motion to Strike 063
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.29
Excerpt: ...se out of Defendant Keith's alleged abuse of Plaintiff and Defendants DSS and DGS's alleged failure to prevent that abuse. B. Procedural This action was originally filed by Plaintiff on May 19, 2020. After this Court sustained a couple of previous Demurrers against prior versions of Plaintiff's Complaint, Plaintiff's Third Amended Complaint (TAC) was filed on September 26, 2022. Defendant State of California filed the Demurrer with Motion to Stri...
2022.11.28 Demurrer 537
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.28
Excerpt: ...on was originally filed by Plaintiff on August 8, 2022. Defendant filed its Demurrer as to Plaintiff's Complaint on October 28, 2022. Plaintiff filed its opposition on November 10, 2022. Defendant filed its reply on November 17, 2022. II. MOVING PARTIES' GROUNDS FOR THE DEMURRER Defendant demurs to the Seventh, Eighth, Ninth, and Eleventh causes of action, pursuant to CCP §§ 430.10(a) and (e), on the grounds that Plaintiff fails to state facts ...
2022.11.23 Demurrer, Motion to Strike 275
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.23
Excerpt: ...22. Defendant filed the Demurrer with Motion to Strike that is now before the Court on October 25, 2022. Plaintiff has filed no opposition to this demurrer as of November 18, 2022. However, Plaintiff has submitted a Second Amended Complaint which was received by the Court on November 14, 2022. There had been no authorization granted for filing that amended complaint and it shall not be considered at this time. (The Court notes that it identifies ...
2022.11.04 Demurrer to TAC 168
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.04
Excerpt: ...ntiff following reports of safety issues in a lab that Plaintiff oversaw. This action was originally filed by Plaintiff on October 20, 2020. After a couple previous demurrers were filed by Defendant and sustained by this Court, Plaintiff's Third Amended Complaint was filed on August 10, 2022. Defendant filed its Demurrer to Plaintiff's Third Amended Complaint, on September 12, 2022. Plaintiff filed his opposition on October 24, 2022. Defendant fi...
2022.11.03 Motion for Attorney Fees 006
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.03
Excerpt: ...mages in the amount of “no less than $74,213.94” plus interest, costs and attorney's fees. Defendant filed its Answer on April 5, 2021. It generally denied the allegations and set forth 24 affirmative defenses. On April 20, 2022 Plaintiff filed its Motion for Summary Judgment. The Motion was granted on July 6, 2022. Judgment was entered on July 15, 2022 in the amount of $34,008.71. On July 26, 2022, Plaintiff filed a Memorandum of Costs seeki...
2022.11.02 Motion for Summary Adjudication 526
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.02
Excerpt: ...rner Associates (Cross-Claimant) and Mark Lawrence and Dee Dee Lawrence dba Trophyman (Cross-Defendants). This action was filed as a result of a fire which started in Cross-Defendants' unit of property, owned by Cross-Claimant, and spread to the plaintiffs' unit, also owned by Cross-Claimant. Cross-Claimant filed their motion for summary adjudication on August 17, 2022. No opposition has been filed. The Motion for Summary Adjudication is based on...
2022.11.02 Demurrer 809
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.02
Excerpt: ...n arise out of alleged problems that Plaintiff experienced during his tenancy at a property owned by Defendant. Defendant filed her Answer on September 26, 2022. It is a general denial followed by 9 pages containing 48 affirmative defenses. Plaintiff has now filed his Demurrer to Defendant's Answer attacking the 48 affirmative defenses on the ground that the Answer (1) fails to state facts sufficient o state an affirmative defense and (2) that al...
2022.11.01 Motion to Tax Costs 224
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.11.01
Excerpt: ...ned an expert to testify on that topic in this second litigation. Plaintiff dismissed this malpractice case before trial and therefore there was no need to present that expert testimony at trial. The attorney filed a Memorandum of Costs seeking to recover $6,200 for experts fees. That filing caused this Motion to Tax Costs, claiming that expert witness fees are not authorized by Code of Civil Procedure § 1033.5. (See C.C.P. § 1033.5(a)(8) allow...
2022.10.27 Motion to Vacate Order Compelling Arbitration and Lift Stay 515
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.27
Excerpt: ...rocedure § 1281.98. No Opposition has been filed. Plaintiff filed this action on July 7, 2021. On August 11, 2021, Defendant Tesla, Inc. filed its Motion to Compel Binding Arbitration. The Motion was granted by this Court on December 6, 2021. The Court also stayed this action pending the arbitration. Plaintiff contends that Tesla has materially breached the arbitration agreement pursuant to C.C.P. § 1281.98. That statute provides in part: (a)(1...
2022.10.27 Motion to Determine Applicable Law 914
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.27
Excerpt: ...y a Covered Claim and Breach of the Covenant of Good Faith and Fair Dealing. In May 2017 Plaintiff obtained disability insurance coverage through Defendant. (Complaint ¶ 7.) The policy was procured by her employer, Katten Muchin, and offered to Plaintiff through the firm. Plaintiff paid for the policy by deductions from her partnership draws. Plaintiff alleges that she became totally disabled and stopped working in September 2017. She submitted ...
2022.10.26 Demurrer, Motion to Strike 827
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.26
Excerpt: ....” (SAC ¶ 10.b.) There are two causes of action. The causes of action arise out of events that took place “before, on and after April 2, 2022” and “before, on and after May 12, 2022.” Defendants “negligently failed to properly treat and provide reasonable security to Plaintiff” with respect to the events that took place “before, on or after” those two dates. The Second Amended Complaint is very unclear regarding the liability c...
2022.10.25 Petition to Compel Arbitration 618
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.25
Excerpt: ...ut who shall be the arbitrator. “If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agr...
2022.10.25 Motion to Compel Arbitration 836
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.25
Excerpt: ...dual arbitration and dismiss representative claims. Plaintiff opposed this motion. On April 1, 2022, this Court held a hearing on the motion and stayed the case in its entirety pending resolution of the U.S. Supreme Court case Viking River Cruises. On July 25, 2022, Defendant filed a notice of new authority regarding the motion to compel individual arbitration and dismiss representative claims, as the Viking River Cruises decision had been releas...
2022.10.24 Motion for Attorney Fees 796
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.24
Excerpt: ...es 1 through 40 for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. On June 14, 2022, Plaintiff filed a notice of settlement of entire case. On September 27, 2022, Plaintiff filed the instant motion for attorneys' fees and costs. Defendant filed opposition papers on October 11, 2022. P...
2022.10.20 Motion to Compel Arbitration, Dismiss or Stay Action 085
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.20
Excerpt: ...tiffs oppose Defendant's motion. Discussion I. Motion to Compel Arbitration Defendant has moved to compel arbitration as to Plaintiffs' individual PAGA claims. (Motion at p. 2.) 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 prov...
2022.10.18 Motion to Compel Further Responses, to Deem Facts Admitted, for Sanctions 051
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.18
Excerpt: ...serted in the Plaintiff's Complaint are for (1) Possession of Personal Property; (2) Conversion; (3) Negligence; (4) Promissory Fraud; and (5) Unfair Competition. Plaintiff filed this motion on September 2, 2022. The Discovery Two of the three motions addressed in this ruling were originally on calendar in this department on September 28, 2022. No substantive responses were provided to the Special Interrogatories. No Responses were provided to th...
2022.10.17 Motion to Compel Arbitration and Dismiss Complaints 537
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.17
Excerpt: ... Plaintiffs do oppose the motion to dismiss their representative PAGA claims. The Motion to Compel Arbitration of the individual PAGA claims is GRANTED. REPRESENTATIVE PAGA CLAIMS Defendants have requested that the Court dismiss Plaintiffs' representative PAGA claims based on the recent U.S. Supreme Court (SCOTUS) ruling in Viking River Cruises, Inc. v. Moriana. Plaintiffs, in opposition, have asked the Court to either deny Defendants' request, o...
2022.10.14 Petition to Compel Binding Contractual Arbitration, for Protective Order 142
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.14
Excerpt: ...ant's delay; and (3) Defendant's delay has prejudiced Plaintiffs. In determining whether a party waived contractual arbitration rights by participating in litigation, court s usually consider the amount of litigation, the time elapsed from the commencement of litigation to the request for arbitration, the proximity of a trial date when arbitration is sought, and whether the party filing the lawsuit intended to elect a judicial forum rather than t...
2022.10.13 Motion to Require Posting of Undertaking 167
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.13
Excerpt: ...ost an undertaking in the reduced amount of $33,350 (rather that $43,350 as requested by moving party). Legal Standard “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030(a).) The plaintiff, however, will not be required to file an u...
2022.10.13 Motion to Compel Arbitration and Joinder 112
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.13
Excerpt: ...s non-individual, or representative, PAGA claims and STAYS proceedings pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case Number S274671. Judicial Notice Plaintiff asks the Court to take to take judicial notice of seven recent Superior Court of California rulings considering motions to compel arbitration after Viking River. Plaintiff desires to have this Court receive the benefit of the thinking of other Su...
2022.10.12 Petitions to Correct or Vacate Arbitration Award, to Confirm Arbitration Award 586
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.12
Excerpt: ...ficiency of the evidence supporting the award, or the validity of the arbitrator's reasoning.... Indeed, with limited exceptions, ‘an arbitrator's decision is not generally reviewable for errors of fact or law, whether or not such error appears on the face of the award and causes substantial injustice to the parties.'” (Dept. of Personnel Admin. v. Cal. Correctional Peace Officers Ass'n (2007) 152 Cal.App.4th 1193, 1200. Accord California Sch...
2022.10.12 Motions to Compel Responses, for Sanctions 865
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.12
Excerpt: ...st both in the amount of $2,000 plus $240 for filing fees against each of the two Defendants for their failure to comply with their discovery obligation. The discovery was served on June 28, 2022. Responses were due in early August 2022. No timely response were served. No request for an extension was sought. Moving party sent Defendants' counsel an email inquiring about the discovery responses. There was no reply. These motions were then filed in...
2022.10.12 Demurrer, Motion to Strike 507
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.12
Excerpt: ... Fifth, Sixth and Seventh Causes of Action in the Second Amended Complaint. As to each Cause of Action, the basis for the demurrer is the claim that Plaintiff has not alleged sufficient facts to hold Trader Joe's vicariously liable for the conduct of its employee. A demurrer tests the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of t...
2022.10.10 Motion to Lift Stay, for Sanctions 045
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.10
Excerpt: ...ewart (“Plaintiff”) filed this employment action against Defendants Dr. V Productions, Inc. (“DVP.”), Venus Nicolino (“Nicolino”), and Matthew Johnson (“Johnson”) (collectively, “Defendants”). The Complaint alleges the following causes of action cause of action: (1) Disability Discrimination in Violation of California Fair Employment and Housing Act; (2) Failure to Accommodate a Disability in Violation of California Fair Emplo...
2022.10.10 Demurrer to Amended Complaint 831
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.10.10
Excerpt: ...gainst Defendants Drake Buchanan (“Buchanan”), Civic Financial Services, LLC (“Civic Financial”), Civic Securitization Trust II (“Civic Trust”), Entra Default Solutions (“Entra”), Fay Servicing LLC (“Fay”), Contempo Escrow (“Contempo”), Fast Action Mortgage, Inc. (“Fast Action”), Shanshan Xu (“Xu”), and Does 1 through 50 inclusive (collectively “Defendants”). Plaintiff alleges that Defendant Buchanan made mater...
2022.06.07 Motion to Strike 292
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.06.07
Excerpt: ...�) rented an apartment from Defendant Kent Apts., LLC (“Defendant”) at 732 S. Normandie Ave., Los Angeles, CA 90005 (the “Property”). (Compl. ¶ 2.) Plaintiff alleges that the Property was “slum housing”, and that Defendant allowed a bed bug infestation to spread unabated, among other violations of the Civil Code. (Compl. ¶ 3.) Plaintiff was caused physical and emotional damage as a result of these housing conditions. (Compl.¶ 5.) P...
2022.06.07 Motion for Judgment on the Pleadings 004
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.06.07
Excerpt: ... FACTUAL BACKGROUND This is an action about the unlawful towing of a vehicle. The operative First Amended Complaint (“FAC”) alleges as follows. Defendant Tow Zone Towing & Recovery (“Tow Zone”) unlawfully towed Plaintiff's vehicle (the “Subject Vehicle”). (FAC at p. 2.) Defendant Antonio Martinez (“Martinez”) owns Tow Zone. (Ibid.) Tow Zone then unlawfully sold the Subject Vehicle. (FAC at p. 6.) Plaintiff alleges that Defendant D...
2022.06.02 Motion to Compel Responses, for Monetary Sanctions 462
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.06.02
Excerpt: ...WERS TO PLAINTIFF'S FORM INTERROGATORIES AS TO DEFENDANT PNP PRECIOUS METALS, INC. AND FOR MONETARY SANCTIONS. Plaintiff Cyrus Chady's Motion Compelling Responses to Plaintiff's First Request for Production of Documents as to Defendant PNP Precious Metals, Inc. is GRANTED. Plaintiff Cyrus Chady's Motion for Order Compelling Answers to Plaintiff's Form Interrogatories as to Defendant PNP Precious Metals, Inc. is GRANTED. Plaintiff Cyrus Chady's Re...
2022.06.02 Demurrer to FAC 349
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.06.02
Excerpt: ...nswer. FACTUAL BACKGROUND This is an action for Breach of an Oral Contract for Joint Venture. The operative First Amended Complaint (“FAC”) alleges as follows. John Park (“Park”) founded Parkwest Casino in 1997. (FAC ¶ 6.) In 2020, Park purchased a minority share of a local Southern California casino with the intent to ultimately acquire the entire casino. (FAC ¶ 7.) The intended acquisition comprised of two parts; the operating company...
2022.05.25 Motion for Summary Judgment 675
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.25
Excerpt: ...e Complaint alleges as follows. In April, 2017, Plaintiff Leon Snell (“Snell”) entered Defendant Numero Uno Market (“Numero Uno”) The security guard, later identified as being employed by Defendant Unified Protective Service, Inc. (“Unified”) proceeded to follow Snell and his friend around the store. (Compl. ¶ 7.) Snell alleges that the extra attention was due to his race; Snell is an African American man. (Ibid.) Snell paid for his ...
2022.05.25 Demurrer to FAC 294
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.25
Excerpt: ...om the Bankruptcy Court, should it so choose. FACTUAL BACKGROUND This is an action for Quiet Title. The operative First Amended Complaint alleges as follows. Plaintiff MMZ Holdings, LLC (“MMZ”) owns property located at 1213, 1217, and 1223 Centinela Way, Inglewood, California (“Subject Property”). (FAC ¶ 2.) MMZ obtained a loan from Defendant Melissa Thomas (“Thomas”) in the amount of $2,400,000.00. (FAC ¶ 8.) The loan was secured b...
2022.05.24 Motion for Judgment on the Pleadings 202
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.24
Excerpt: ...s follows. Plaintiffs 17421 Magnolia, LLC (“Magnolia”), Shai Cohen (“Cohen”) and Avraham Peretz (“Peretz”) (collectively “Buyers”) purchased real property (“Subject Property”) from Defendants Darlene Solotkin (“Solotkin”), Pam L. Van Cott (“Van Cott”), and Wendy Guggenheim (“Guggenheim”) (collectively “Trustees”). (FAC ¶¶ 2-5.) Defendants Mary Tempel (“Tempel”) and Rodeo Realty, Inc. (“Rodeo”) (collec...
2022.05.24 Motion for Approval of PAGA Settlement 385
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.24
Excerpt: ...int alleges as follows. Plaintiff Miesha Ellie (“Ellie”) was employed as a Group Home Counselor by Defendant Wayfinder Family Services, Inc. (“Wayfinder”). (Compl. ¶ 12.) While Ellie was employed there, Wayfinder engaged in a variety of labor code violations, including break violations, wage and hour violations, and failure to indemnify employees for necessary expenditures. Plaintiff brings this suit pursuant to PAGA, which allows her to...
2022.05.19 Motion for Leave to File Complaint 555
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.19
Excerpt: ...CKGROUND This is an action for breach of contract. The operative Second Amended Complaint (“SAC”) alleges as follows. Defendants Danny Gerardi (“Gerardi”) and Thomas Atwood (“Atwood” collectively with Gerardi, the “Sellers”) hired Defendant Rodeo Realty, Inc. (“Rodeo”) in 2011-2013 and 2017 to help sell their house. (SAC ¶¶ 12- 13.) Defendant Douglas Elliman of California, Inc. (erroneously sued as Douglas Elliman, Inc.) (�...
2022.05.18 Demurrer to SAC 967
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.18
Excerpt: ...OUT LEAVE TO AMEND on the basis that the claims must be asserted by the personal representative, Richard Cordova. Defendant Bank of America's demurrer to all claims asserted by Plaintiff Maria Poroy is SUSTAINED WITHOUT LEAVE TO AMEND on the basis that she has no individual claims in this case. Defendant Bank of America's demurrer to all claims asserted by Richard Cordova as individual claims (as opposed to claims asserted by him in his represent...
2022.05.17 Demurrer to FAC 872
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.17
Excerpt: ...h Cause of Action in the First Amended Complaint is SUSTAINED. Plaintiff is requested to inform the Court if she seeks leave to amend and she is requested to be prepared at the hearing to state what additional facts she believes she may properly allege that would be sufficient to state a claim for intentional infliction of emotional distress. FACTUAL BACKGROUND This is an action for employment discrimination. The operative First Amended Complaint...
2022.05.16 Demurrer to FAC 587
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.16
Excerpt: ... Cross-Defendants. On May 11, 2021 Edwin Kendrick, MD and California Vein Vascular and Diagnostic, Inc. filed a “First Amended Cross-Complaint.” That was filed by Allan Perry of the Law Office of Allan E. Perry, APC. At issue before this Court is the January 28, 2022 “First Amended Cross Complaint of Edwin Kendrick.” The only identified cross complainant to that action is “Edwin Kendrick, MD.” The cross complaint was filed by Edwin Ke...
2022.05.13 Motion for Leave to File Amended Complaint 301
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.13
Excerpt: ...ended Complaint within 5 days. Defendants shall have 20 days after service to file a responsive pleading. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The Second Amended Complaint (“SAC”) alleges as follows. Nominal Defendant 10801 National LLC (“National”) was formed to control real property at 10801 National Boulevard, Los Angeles, California 90064. (SAC ¶ 7.) Defendant Farhad “Frank” Rahban (“Defendant”...
2022.05.12 Motion to Set Aside or Vacate Default 315
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.12
Excerpt: .... FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Defendant Fernando Tours, Inc. (“Fernando Tours”) entered into a Vehicle Promissory Note and Security Agreement (the “Agreement”) with Plaintiff United Leasing, Inc. (“United Leasing”). (Compl. ¶ 7.) Defendant Fernando Aguilar (“Aguilar”) was a guarantor to the agreement. (Compl. ¶ 17.) Pursuant to the agreement, Fernando Tours agree...
2022.05.10 Motion to Tax Costs 597
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.10
Excerpt: ... (“Santopietro”) entered into a contract with Defendant James Harden (“Harden”) and his agents, Defendants Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals, LLC (“LA Real Estate”), and Solimar Management, LLC (“Solimar”), for Harden to rent Santopietro's home (“the Property”) for one week. (Compl. ¶ 5.) Included in the rental contract was a provision forbiddi...
2022.05.10 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.10
Excerpt: ...ACKGROUND This is an action for employment discrimination and retaliation. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Julie Sevigny (“Sevigny”) suffers from severe anxiety and other mental and physical impairments. (FAC ¶ 7.) Additionally, her daughter suffered from a disability. (FAC ¶ 6.) Sevigny requested leave to care for her daughter, as well as leave recommended by her doctor for her own medical co...
2022.05.04 Motion to Compel Arbitration 183
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.04
Excerpt: ...f Thelmo Garcia (“Plaintiff”) entered into a lease agreement (“Agreement”) with Solar City Corporation (now Defendant Tesla) (“Defendant”). (Comp. ¶ 8.) Plaintiff agreed to pay $23,600.00, with total lease payments of about $26,126.00, in exchange for a 20-year lease of Defendant's solar panel system (“System”). (Ibid.) Plaintiff's main reason to obtain the System was to lower his electricity bill. (Compl. ¶ 10.) Defendant assur...
2022.05.02 Motion to Strike, for Sanctions 746
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2022.05.02
Excerpt: ...inued until a date to be determined at hearing. Plaintiff's Request for Sanctions against Danny Gomes Homes, Inc. and its Counsel of Record is DENIED. FACTS OF THE CASE This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs leant $200,000.00 to Defendants to fund the opening of their Real Estate Business, Danny Gomes Homes (“DGH”). (Comp. ¶ 13.) Plaintiffs loaned this money to Defendants pursuant to an oral ag...

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