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2021.12.07 Motion for Summary Adjudication 929
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.12.07
Excerpt: ... res ipsa loquitur. Plaintiff Solar Hydrogen Holdings, Inc.'s Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Rulings on Evidentiary Objections are separately entered. INTRODUCTION Pl...
2021.12.02 Demurrer, Motion to Strike 533
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.12.02
Excerpt: ... WITHOUT LEAVE TO AMEND except as to listed item nos. (6), (8) and (11) in the Notice to the Motion to Strike . The motion is DENIED as to listed item nos. (6) and (11) in the Notice to the Motion to Strike. The motion is MOOT as to listed item no. (8) in the Notice to the Motion to Strike. Defendant Kevin Hart's Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. Demurrer: Defendant Kevin Hart (“Defendant”) ...
2021.11.29 Motion to Enforce Settlement or Set for Jury Trial 030
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.29
Excerpt: ...iff Ricardo Rivas seeks an order enforcing a “settlement agreement” between plaintiffs and defendant Khechumyan for $80,000. The written evidence of a “settlement agreement” are the following: 1. Email dated 5/3/2021 from counsel for defendant Khechumyan to plaintiff's counsel which states: “In response to your settlement demand of $200,000.00, on April 15, 2021, we spoke to you by telephone to communicate an offer to settle your client...
2021.11.23 Motion to Compel Further Responses 594
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.23
Excerpt: ...l Notice is DENIED. Introduction Plaintiff Dennis Stankie (“Plaintiff”) moves to compel further responses to Special Interrogatories Set One (“SI”) served upon Defendant Gabriel Ramirez (“Defendant.”) Plaintiff further requests his costs for filing the motion as sanctions. Defendant opposes the motion and requests sanctions of $595.00 against Plaintiff. Plaintiff further submitted a request for judicial notice (“RJN”) with the Rep...
2021.11.17 Motion to Augment 092
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.17
Excerpt: ...to grant a motion to augment. Accordingly, the court addresses each of these issues. The court notes that there are mandatory statutory requirements in order to grant this motion. Plaintiffs' counsel addresses it solely as a matter of equity but fails to submit credible evidence to support the mandatory considerations. CCP section 2034.620 states: The court shall grant leave to augment or amend an expert witness list or declaration only if all of...
2021.11.17 Demurrer, Motion to Strike 343
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.17
Excerpt: ...and SUSTAINED WITH LEAVE TO AMEND as to the Fifth Cause of Action. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted 20 days leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses and to plead where the fraudulent misrepresentation took place as to th...
2021.11.15 Demurrer, Motion to Strike SAC 343
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.15
Excerpt: ...and SUSTAINED WITHOUT LEAVE TO AMEND as to the Fifth Cause of Action for Fraud. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses. Defendants FaceCake Marketing Technologies, Inc., Linda, and Ron ...
2021.11.12 Special Motion to Strike 851
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.12
Excerpt: ...egation stating: “even calling the police stating Plaintiff was beating his roommate and when the police came, not only Plaintiff was not there, but also the roommate was sleeping and when woke up with the police, could testify that nothing happened.” The Motion is DENIED as to the portion of the allegation stating: “Multiple episodes happened in the past few months, where Defendant Dilfuza Ibragimova made it clear that she didn't want Plai...
2021.11.10 Motion to Strike 428
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.10
Excerpt: ...nt (“FAC”) filed by Plaintiff K.W. (“Plaintiff.”) Discussion Defendant failed to show compliance with the meet and confer requirements, as required under CCP sec. 435.5. Defendant did not attach to the motion a declaration from counsel nor did Defendant file separately a declaration from counsel stating their efforts to comply with the meet and confer statute. However, Plaintiff does not object to the defect and the Court sees no prejudic...
2021.11.08 Demurrers 399
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.08
Excerpt: ...and sixth causes of action. Defendants have 20 days to answer the Third Amended Complaint. 1. Introduction Defendant David Sternlight (“Sternlight”) and Defendant Cabeau, Inc. (“Cabeau”) (collectively “Defendants”) each filed their own demurrer to the Third Amended Complaint (“TAC”) filed by Plaintiff Upside Health, Inc. (“Plaintiff.”) Sternlight's demurrer places into issue the fourth Cause of Action (“COA”) for conversio...
2021.11.05 Motion for Summary Adjudication 929
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.05
Excerpt: ...s that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay or facts that are in dispute. Introduction Plaintiff Solar Hydrogen Holdings, Inc. (“Plaintiff”) moves for summary adjudication (“MSA”) as to several Affirmative Defenses (“AD”) alleged in the Answer filed by Defendant Crown Commercial Properties, LLC (“Crown...
2021.11.04 Motion for Summary Judgment, Adjudication 215
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.04
Excerpt: ... as to punitive damages and DENIED as to the first and second causes of action for negligence and negligent entrustment. Defendant Troy Heidtmann's Request for Judicial Notice is DENIED as to Exhibit 2 and GRANTED as to the remaining exhibits except as to any facts in dispute or hearsay. 1. Introduction Defendant Troy Heidtmann (“Defendant”) moves for summary judgment (“MSJ”) against the First Amended Complaint (“FAC”) filed by Plaint...
2021.11.04 Motion to Quash Deposition Subpoenas for Production of Business Records 782
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.11.04
Excerpt: ... for Production of Business Records Only to Contractors State License Board is GRANTED in Part and DENIED in Part. The request to quash Document Demand nos. 1-7 in their entirety as to Plaintiff and Cross-Defendant Orian Construction and Roofing, Inc. and Cross-Defendant Yosef Merhav is DENIED. The request to quash Document Demand no. 8 in its entirety as to Cross-Defendant Yosef Merhav is GRANTED. If, however, the request pertains to events in t...
2021.10.19 Demurrer, Motion to Strike 788
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.19
Excerpt: ...n dispute or hearsay. Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is DENIED as to all exhibits. Defendant Mohammed Asadi's Objections against Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is MOOT because the Court denied Plaintiffs' Request for Judicial Notice. Introduction Defendant Mohammed Asadi (“Defendant”) demurs to the second cause of action (“COA”) for breach of contracts alleged in the ...
2021.10.18 Demurrer, Motion to Strike 486
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.18
Excerpt: ...nt”) demurs to the Complaint filed by Plaintiffs Donise McIntryre; Hector Lara; Amaya Lara, a minor; Akira Lara, a minor; and Alexa Lara, a minor (collectively “Plaintiffs.”) Specifically, Defendant places into issue the fifth cause of action (“COA”) for Intentional Infliction of Emotional Distress (“IIED.”) Defendant also moves to strike the allegations in support of IIED and the request for punitive damages. Discussion Defendant a...
2021.10.13 Motion to Compel Deposition 594
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.13
Excerpt: ...annot determine how much time is allowed to complete the deposition because it was not provided with the entire transcript. Defense counsel shall file or lodge a complete copy of the deposition so the court can determine that time limit. ______________________ Defendants' Motion to Compel Special Interrogatories, Set 2: Granted. There was a stay of discovery from 7/26/2021 through 9/27/2021. Mr. Stankie was directed to make a good faith effort af...
2021.10.13 Motion for Leave to File SAC 080
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.13
Excerpt: ...iscuss whether the trial will be by jury or a bench trial, time estimate and proposed dates. [TENTATIVE] ORDER: Plaintiff John Doe's Motion for Leave to File a Second Amended Complaint is GRANTED. The Second Amended Complaint must be separately served and efiled within 21 days. INTRODUCTION Plaintiff John Doe (“Plaintiff”) moves for leave of Court to file a Second Amended Complaint to plead the facts supporting the allegations against Defenda...
2021.10.08 Special Motion to Strike 359
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.08
Excerpt: ...ially moves to strike the Cross-Complaint (“XC”) filed by Cross-Complainant Elisha Fara Landman (“Cross-Complainant.”) Cross-Complainant places into issue each of the four causes of action (“COA”) alleged: 1) harassment, 2) intimidation, 3) interference with covenant of quiet enjoyment, and 4) public disclosure of private facts. Procedure Cross-Defendant objects to the untimely filing and service of the Opposition. Cross-Complainant w...
2021.10.07 Demurrer, Motion to Strike 398
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.07
Excerpt: ... is limited to curing the defects identified below (i.e.: alleging a negligence per se cause of action as the Third Cause of Action and pleading specific facts as to the Fourth Cause of Action, and pleading Punitive Damages under the Second Cause of Action, see below) and not to add new causes of action. The Motion to Strike Portions of the First Amended Complaint is GRANTED WITH 10 DAYS LEAVE TO AMEND as to Punitive Damages under the Second Caus...
2021.10.04 Demurrer 484
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.10.04
Excerpt: ...aintiff.”) The Demurrer places into issue the Second Cause of Action (“COA”) for negligence. Discussion Defendant argues that the negligence COA fails to allege sufficient facts and is uncertain Defendant contends the elements of negligence are not supported by fact pleading. Defendant further argues that there are no additional facts specifically alleged against Defendant (ie: the incorporation allegations are insufficient.) The Complaint ...
2021.09.30 Demurrer, Motion to Strike 510
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.09.30
Excerpt: ... 71; and Prayer Paras. 1, 4, and 8. (3) The Motion to Strike is DENIED as to portions of paras. 5 and 47, and the entirety of para. 32. (4) The Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. (5) The Request for Joinder to the instant motions by Defendant Shahen Minassian is MOOT. Mr. Minassian has been dismissed. (6) The Request for Joinder to the instant motions by Defendant Arthur Minassian is GRANTED. (7)...
2021.09.20 Application to Reopen Discovery and Continue Trial 558
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.09.20
Excerpt: ...d as to this discovery. This is without prejudice to defendant's seeking additional continuance if the responses are insufficient and a motion to compel is required. DENY WITHOUT PREJUDICE CONTINUANCE OF TRIAL AND FSC. Because there is sufficient time to complete this discovery without moving the Trial and FSC dates, the application is denied without prejudice. FSC and Trial remain scheduled for 10/4/2021 at 10 a.m. TRIAL AND FSC ORDERS: Counsel ...
2021.09.14 Motion for Judgment on the Pleadings 109
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.09.14
Excerpt: ... action against this defendant, defendant to submit a proposed judgment. Introduction Defendant Wilmington Savings Fund Society, FSB, DBA Christiana Trust, not Individually but as Trustee for Pretium Mortgage Acquisition Trust, erroneously sued as Wilmington Savings Fund Society FSB DBA Christina Trust as Trustee for Premium Mortgage Acquisition Trust (“Defendant” or “Wilmington”) moves for judgment on the pleadings against portions of th...
2021.09.07 Motion to Compel Responses 256
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.09.07
Excerpt: ...every effort made to avoid a motion. Verified answers without objection due in 30 days. After answers are served, substantial efforts to resolve are required before another motion including talking to each other in person by phone or preferably by video conference. Request for Admission: Verified code compliant answers without objection due in 30 days. Prospective sanctions are not awarded in view of the failure to call counsel to inquire as to t...
2021.09.07 Motion for Judgment on the Pleadings 304
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.09.07
Excerpt: ...ng defects identified below and not to add new causes of action. Introduction Defendant Behrooz Salim (“Defendant”) moves for judgment on the pleadings against the Complaint filed by Plaintiff Bijan Yaghoobia (“Plaintiff.”) The motion places into issue the third cause of action (“COA”) for fraud and deceit, the fourth COA for conspiracy, the fifth COA for intentional interference with prospective economic advantage (“Interference”...
2021.09.01 Petition to Vacate Contractual Arbitration Award 269
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.09.01
Excerpt: ...The arbitration award was entered on April 14, 2021 and Arbitrator Holsinger (“Arbitrator”) granted Respondent The Transportation Corporation's (“TTC”) motion to dismiss. Despite the caption of the Petition only marking the box to “vacate” the award, the body of the Petition shows that Johnson additionally requests the Court to “correct” the award to be in his favor in the amount of $162,000 plus the injunctive relief of reinstate...
2021.08.31 Demurrer 323
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.31
Excerpt: ... WITHOUT LEAVE TO AMEND as to the seventh cause of action. The leave to amend is granted to cure the defects identified by the Court and not to add new causes of action. Introduction Defendants One Week Bath, Inc. (“OWB”) and Matt Plaskoff (“Plaskoff”) (collectively “Defendants”) demur to the Complaint filed by Plaintiff/Trustee Grant Norris (“Plaintiff.”) The Demurrer places into issue the First, Third, Fifth, Sixth and Seventh c...
2021.08.31 Motion to Compel Further Responses, for Monetary Sanctions 529
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.31
Excerpt: ...dered to provide further verified supplemental responses in Code compliant form within 15 days. Monetary sanctions are awarded against defendant in the sum of $1,500 for discovery abuse without substantial justification and failure to comply with court order, per CCP section 2031.310, payable to client trust account of plaintiff's counsel within 30 days. The court denies the request for prospective monetary sanctions; however, if there is continu...
2021.08.30 Motion to Abate Action 975
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.30
Excerpt: ... move to abate and enter an interlocutory judgment in Defendants' favor staying Reza Fateh Manesh v Reza Pour, 19STCV09975 (“Damages Action,”) filed by Plaintiff Reza Fateh Manesh (“Plaintiff” or “Manesh,”) until the final determination of Shahla Tehrani Broomand and Reza Fateh Manesh v Reza Manesh, et. al., BC597220 (“Set Aside Action.”) Discussion The Court notes that Defendants appear to be conflating two separate legal theorie...
2021.08.26 Motion for Summary Judgment 419
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.26
Excerpt: ... the MSJ and have violated CCP section 437c(b)(3) which states as follows: (3) The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each materia...
2021.08.23 Demurrer, Motion to Strike 976
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.23
Excerpt: ...anted. 1. Introduction Defendants Valley Home Health Care, Inc. (“VHHC”), Josefina Sta Maria (“Maria”), and Nancy Navarette (“Navarette”) (collectively, “Defendants”) demur against the Complaint filed by Plaintiffs Abdolreza Bahmanyar and Arnavaz Bahmanyar, individually and as successors-in-interest to Decedent, Mehrangiz Vasigh-Ansari (collectively, “Plaintiffs”). The demurrer places into issue the first cause of action (“C...
2021.08.20 Motion to Vacate Default, Judgment 647
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.20
Excerpt: ...c. (“Empire”) (collectively “Defendants”) move to vacate the entry of default and default judgment in favor of Plaintiff Paul Alexander Goldenberg, Trustee of the 2005 PIDA Family Revocable Trust (“Plaintiff.”) Discussion Defendants move to vacate default and default judgment under the discretionary provision of CCP sec. 473(b). (Motion pg. 8:7-13.) In support of the motion, Defendants submit the declaration of Chernyavsky to show his...
2021.08.16 Demurrer 558
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.16
Excerpt: ... Bunevacz (“Defendants”) demur to Plaintiff's Complaint for unlawful detainer. 2. Discussion Defendants contend that Plaintiff's Complaint should be dismissed because it is completely barred under the Los Angeles County Eviction Moratorium (“Moratorium”). The issue of whether any moratorium(s) may be an affirmative defense is not resolved at the demurrer stage. The court previously held a hearing on the defendants' late service of a COVID...
2021.08.13 Motion for Summary Adjudication 963
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.13
Excerpt: ...Plaintiffs Rita Dersarkissian and Hoobert Issaian's (collectively “Plaintiffs”) First Amended Complaint. 1. Evidentiary Objections The court rules on the Plaintiffs' evidentiary objections to the Declaration of Eric Johnson as follows: (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. 1. Discussion The Court will first address the arguments made as to Plaintiffs' fourth cause of action, a...
2021.08.09 Motion for Approval of PAGA Settlement 283
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.09
Excerpt: .... ___________________________ JEAN M. HERGER, Plaintiff, vs. NVA SOUTH TEMECULA AND MURRIETA OAKS, INC., Defendant. CASE NO: 20VECV01283 [TENTATIVE] ORDER RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT Dept. T 8:30 a.m. Au gust 9, 2021 [TENTATIVE] ORDER: The Motion for Approval of PAGA Settlement is GRANTED. 1. Introduction Jean M. Herger (“Plaintiff”) initiated this action against NVA South Temecula and Murrieta Oaks, Inc. (“Defendant”) unde...
2021.08.03 Motion to Enforce Settlement 539
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.03
Excerpt: ...ered on record at the Mandatory Settlement Conference on March 4, 2021, and the signed stipulated settlement agreement entered into between Plaintiff and Defendant dated March 12, 2021. 2. DISCUSSION CCP section 664.6 provides that “[i]f the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for a settlement of the case, or part thereof, the court, upon motio...
2021.08.03 Motion to Amend Judgment, Enjoin Transfer of Assets 249
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.03
Excerpt: ...einafter, “Plaintiff”) move for an order amending the judgment to add CHC Builders Inc. (“CHC”) as a judgment debtor pursuant to Code of Civil Procedure § 187. 2. Procedural Issues The Court grants Plaintiff's request for judicial notice as it relates to Exhibits 1 through 3. 1. Discussion Here, Plaintiff argues that CHC is an alter ego of Defendant Abraham Gottlieb (“Gottlieb”) based on evidence that was presented at trial in this a...
2021.08.02 Motion for Leave to File Complaint 652
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.02
Excerpt: ...Olson (“Defendant”). Defendant filed an Answer on February 26, 2021. On March 29, 2021, Defendant filed the instant Motion for Leave to File Cross-Complaint. To date, no opposition has been filed. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complain...
2021.08.02 Demurrer, Motion to Strike 406
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.02
Excerpt: ...ys. The Case Management Conference is continued to 10/6/2021 at 8:30 a.m. in Dept. T. CMC Statements are required. Counsel are ordered to meet and confer per CRC 3.724 and 3.727 prior to the CMC. 1. Introduction This is a breach of written contract action arising out of a contract for a home pool construction and renovation project on Plaintiff Kathy Jo McCloskey's (“Plaintiff”) property located at 2780 Hilary Court, Thousand Oaks, California...
2021.08.02 Motion to Compel Responses, for Sanctions 608
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.02
Excerpt: ...and request for production of documents (“RPDs”), sets one, on Plaintiff, Mayra Gonzalez (“Plaintiff”) on October 9, 2020. To date, despite an extension of time to respond and attempts to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendants' motions are unopposed and granted. Plaintiff is or...
2021.08.02 Motion for Summary Judgment 079
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.02
Excerpt: ...�FAC”) which alleges several causes of action against Defendants Judi Barker (“Barker”), Allstate Property and Casualty Insurance Company (“Allstate”), PennyMac Corp. (“PennyMac” or “Defendant”) Ricco Electric/Construction (“Ricco”), Switch-On Electric Co (“SOE”). Plaintiff alleges the sole cause of action of breach of obligation to pay against Penny Mac. The FAC alleges in pertinent part as follows. On July 9, 2014, the...
2021.08.02 Motion for Terminating Sanctions 817
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.02
Excerpt: ...tary sanctions is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 28, 2021 [ ] Late [X] None REPLY: None filed as of July 28, 2021 [ ] Late [X] None ANALYSIS: I. Background On February 24, 2020, self-represented Plaintiff Jorge Flores (“Plaintiff”) filed an action against Defendant Cag...
2021.08.02 Motion to Strike 478
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.08.02
Excerpt: ...arising out of a dispute of two neighbors about the construction of a block wall. On April 8, 2021, Plaintiff Jose M. Duarte (“Plaintiff”) filed his complaint against Defendants Samy Tliche, Sonia E. Martinez incorrectly sued as “Soni E. Martinez, (collectively “Defendants”), and Does 1 through 10. Plaintiff asserts four causes of action: (1) nuisance; (2) trespass; (3) permanent injunction; and (4) declaratory relief. Plaintiff alleges...
2021.07.29 Motion for Summary Adjudication 326
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.29
Excerpt: ...e 4, 2018, Plaintiff Hayk Melkumyan (“Plaintiff”) filed his complaint against Elmer A. Diaz (“Diaz”), KelCapital Investments, LLC (“KelCapital”) (collectively “Defendants”), and Does 1 through 50. The complaint includes seven causes of action: (1) fraudulent inducement; (2) fraud by false promise; (3) breach of contract; (4) money due on default of note; (5) conversion; (6) unjust enrichment; and (7) breach of covenant of good fai...
2021.07.29 Motion for Leave to File Complaint 929
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.29
Excerpt: ...ration dba Aero Chrome Plating, and STL Enterprises, Inc. (collectively, “Defendants”) move for an order granting leave of court to file a cross-complaint against Monet Construction, Inc. pursuant to Code of Civil Procedure §§ 428.10 and 428.50(c). 2. Discussion Here, a review of the proposed Cross-complaint demonstrates that Defendants are seeking to pursue the following causes of action against Monet Construction, Inc.: (1) express indemn...
2021.07.27 Demurrer 054
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.27
Excerpt: ...1) breach of contract and (2) bad faith breach of insurance contract. 2. Request for Judicial Notice Defendant's Request for Judicial Notice Nos. 1-2 is DENIED. 3. Discussion Defendant contends that Plaintiff has failed to state his breach of contract causes of action because (1) the Fourth Amended Complaint (“FAC”) impermissibly contradicts allegations in prior pleadings by shifting the blame of failure to set up automatic payments for the i...
2021.07.26 Motion to Vacate Entry of Default 558
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.26
Excerpt: ...1. Introduction On April 23, 2021, Plaintiff Sun Crest Partners, LP initiated this residential unlawful detainer action against Defendants David Bunevacz and Jessica Bunevacz. The Bunevaczes moved for dismissal of the action based on COVID‐ 19‐related financial distress. The Court declined to dismiss the case on June 4, 2021. Defendants proceeded to file their demurrer on June 17, 2021, but not before Plaintiff had requested and obtained entr...
2021.07.26 Motion for Stay of Proceedings 419
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.26
Excerpt: ...December 2, 2020, against defendants Califit, Inc. ("Califit") Jason Caramanis, and Pierre Patinwiltz (collectively "Defendants"). On April 12, 2021, the court granted Plaintiff's application for a right to attach order and filed a Right to Attach Order and Order for Issuance of Writ of Attachment against defendant Califit. Defendant Califit was ordered to deposit $109,791.99 with the Clerk of Court upon Plaintiff's filing of an undertaking in th...
2021.07.26 Demurrer 343 (2)
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.26
Excerpt: .... 1. Introduction Plaintiff Peter Johnson (“Plaintiff”) initiated this action on November 16, 2020, against Defendants FaceCake Marketing Technologies, Inc. (“FaceCake”), Linda Smith, and Ron Smith (collectively, “Defendants”). This action arises out of Plaintiff's employment with Defendants. Plaintiff's First Amended Complaint (“FAC”), filed on April 20, 2021, is the operative complaint. The FAC asserts twelve causes of action ag...
2021.07.26 Applications for Writ of Attachment 238
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2021.07.26
Excerpt: ... issue. 1. Introduction This is a breach of contract action arising out of a breach of a contract and guaranty agreement for merchandise and clothing. On April 15, 2021, Plaintiff The Print Lab, Inc. (“Plaintiff”) filed its operative second amended complaint (“SAC”) against Pink Dolphin Clothing, LLC (“Pink Dolphin”), Neima Khaila (“Khaila”), Cena Barhagi (“Barhagi”) (collectively “Defendants”), and Does 1 through 20. Plai...

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