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2022.08.04 Motion to Strike 405
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.08.04
Excerpt: ...eased to Plaintiff unfit for human habitation and detrimental to her health and safety. The causes of action are: 1. BREACH OF IMPLIED WARRANTY OF HABITABILITY 2. NEGLIGENCE 3. NUISANCE 4. BREACH OF COVENANT OF QUIET ENJOYMENT 5. VIOLATIONS OF CIVIL CODE SECTION 1942.4. MP Positions Moving parties request an order striking allegations regarding punitive damages, on grounds including the following: · Plaintiff's claim and prayer for punitive dama...
2022.08.03 Motion to Compel Responses, to Deem RFAs Admitted 275
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.08.03
Excerpt: ...20, Plaintiff JOSE ANTONIO OLIVARES LIRA filed a Complaint, alleging a breach of contract and fraud, committed by Defendant, after Defendant agreed to produce textile materials in exchange for money tendered by Plaintiff, but Defendant never delivered. MP Positions In addition to initial responses, moving party requests an order compelling Defendant SILVESTRE COSIO to serve further responses to requests for admissions, and awarding $3,261.50 sanc...
2022.08.03 Motion to Compel Arbitration and Stay Case 815
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.08.03
Excerpt: ...ded Plaintiff without pay, and thereafter denied accommodations. By December of 2021, the employer created working conditions so intolerable that a reasonable person in Plaintiff's position had no reasonable alternative but to resign. The causes of action are: 1. UNLAWFUL DISCRIMINATION BASED UPON DISABILITY IN VIOLATION OF CALIFORNIA GOVERNMENT CODE tt12940 (a); 2. FAILURE TO PREVENT DISCRIMINATION IN VIOLATION OF CAI IFORNIA GOVERNMENT CODE 111...
2022.08.02 Motion for Summary Judgment, Adjudication 181
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.08.02
Excerpt: ...idence at 3751 Lankershim Boulevard, initially due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Also, that pleading alleges post-judgment aiding and abetting of sale of the subject property to Lanker Partnership, to hinder Plaintiff as judgment creditor, after prevailing at trial on those underlying facts. Before ...
2022.08.02 Demurrer, Motion to Strike 630
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.08.02
Excerpt: ...LABS. 3. Defendants VITALINA KANCILIA and OLHA KUKSHYN. 4. Defendants VITALINA KANCILIA and OLHA KUKSHYN. RP: 1 – 4. Plaintiff. Summary On 12/7/21, Plaintiff DIRK H. KANCILIA filed a Complaint against defendants ROMAN LAPSHUK, et al. On 2/28/22, Plaintiff filed a First Amended Complaint alleging: Defendant ROMAN LAPSHUK induced Plaintiff to loan him and W.D. LABS monies, in exchange for 25 percent of the revenue or profits that W.D. would gener...
2022.07.28 Demurrer 239 (2)
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.28
Excerpt: ...C. and YOUNG HAN KIM, entered into a written contract for a business loan, but defendants subsequently breached by failure to make payments, causing damages in the sum of $133,150.89. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · The alleged assignment is uncertain as to details. · Exhibit A to the Complaint is not an executed contract. · Facts regarding breach are ...
2022.07.22 Demurrer to FAC 562
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.22
Excerpt: ...les, failed to establish a special needs trust of structured annuity payments due monthly to Vista Points Inc., thereby creating financial difficulties for Plaintiff and his son. The causes of action are: 1. 42 USC § 1983 – EQUAL PROTECTION OF THE LAW, DUE PROCESS. 2. 42 USC § 1983 - BREACH OF CONTRACT. On 12/14/21, the Court sustained, without leave to amend, a similar demurrer of co-Defendant PACIFIC LIFE INSURANCE COMPANY, based on the dem...
2022.07.21 Demurrer 612
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.21
Excerpt: ... lawsuits that arise out of the same double fatal pedestrian accident. Allegedly, plaintiffs are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the failure to provide for previously school-arranged crossing guards for student safety on particularly dangerous streets near the school, at a time a substitute crossing guard was need...
2022.07.20 Motion to Contest Application for Determination of Good Faith Settlement 739
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.20
Excerpt: ...Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slanted f...
2022.07.20 Motion for Leave to File SAC 890
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.20
Excerpt: ... misconduct to Defendant, Defendant failed to engage in a good-faith interactive process or reasonably accommodate Plaintiff's disability and discriminated against Plaintiff based on her disability. MP Positions Moving party requests an order granting leave to file a proposed Second Amended Complaint, on grounds including the following: · Recent discovery supports Plaintiff's Retaliation Cause of Action. · Plaintiff has since taken the depositi...
2022.07.19 Demurrer 767
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.19
Excerpt: ...o plaintiffs, as co-owners (25% to Plaintiff, 25% to Plaintiff YESSICA ESPINOSA, 25% Plaintiff EMMANUEL ESPINOSA, 25% Plaintiff NORA SUSANA ARELLANO, and 25% to Defendant NORA MORAN ARELLANO), in exchange for plaintiffs obtaining funds and orchestrating all repairs for rehab of the property, and then placing it for sale. The causes of action are: 1) PARTITION OF REAL PROPERTY 2) BREACH OF CONTRACT 3) BREACH OF COVENANT OF GOOD FAITH AND FAIR DEAL...
2022.07.14 Motion for Judgment on the Pleadings 181
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.14
Excerpt: ...alleging the foreclosure sale of the family residence at 3751 Lankershim Boulevard, due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Before reversal and remand in appellate proceedings (opinion, filed 11/16/21), the Court had granted moving defendants motion to dismiss this action under the five-year statute. MP P...
2022.07.13 Motion to Compel Further Responses, for Monetary Sanctions 346
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.13
Excerpt: ...nt alleging that Defendant, as employer, paid Plaintiff and other aggrieved employees piece-rate, in the sum of $60 per patient visit, which involved wage-and-hour violations, including failures to pay overtime, and allow meal and rest breaks. MP Positions Moving party requests an order compelling Defendant's further responses and production of documents, as to Plaintiff's Request for Production of Documents, Set 1, and awarding monetary sanction...
2022.07.12 Motion for Terminating Sanctions, for Evidentiary Sanctions and Monetary Sanctions, to Compel Responses 329
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.12
Excerpt: ...FIED WRITTEN RESPONSE WITHOUT OBJECTIONS AND PRODUCTION OF HARD DRIVE AND/OR ISSUE SANCTIONS AND FOR MONETARY SANCTIONS OF $1,160.00 AGAINST SERGIO MORALES. Notice: Okay (continued from 6/22 re 1 opp. filed 6/21, and a second opp. filed 7/22/22). Opposition MP: Defendant RP: Plaintiffs Summary On 10/10/19, plaintiffs filed a Complaint alleging that defendants forced their way into plaintiffs' residential property at 3231 City Terrace, took over p...
2022.07.08 Motion to Disqualify Counsel 669
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.08
Excerpt: ...action are: (1) NEGLIGENCE (Cal. Gov. Code § 815.2, 820(a)) (2) NEGLIGENT SUPERVISION (Cal. Education Code § 44807) (3) DANGEROUS CONDITION OF PUBLIC PROPERTY (Cal. Gov. Code § 835). MP Positions Moving party requests the Court to disqualify defense counsel, on bases including the following: · Plaintiff's counsel inadvertently produced documents to Defendant, which were protected by her attorney-client privilege; · While the merits of Plaint...
2022.07.06 Motion for Summary Judgment, Adjudication 549
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.06
Excerpt: ... Joe's supermarket in Silver Lake, in pursuit of Gene Atkins. The Complaint, filed November 29, 2018, asserts causes of action against Defendants City of Los Angeles, Sinlen Tse, Sarah Winans, and Does 1-100 for (1) Negligence, (2) Violation of Civil Rights Act (Bane Act), (3) Negligent Hiring, Training, and Supervision, (4) Battery and (5) Wrongful Death. MP Positions Plaintiffs move for an order granting summary judgment, or summary adjudicatio...
2022.07.01 Motion to Strike Complaint, for Temporary Stay 182
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.01
Excerpt: ...plaint, alleging that defendants made false consumer complaint to the Contractors State License Board (CSLB). The causes of action are: 1. BREACH OF CONTRACT 2. FRAUDULENT MISREPRESENTATION 3. TRADE LIBEL 4. UNJUST ENRICHMENT. MP Positions Moving parties request an order striking Plaintiff's Complaint, and awarding attorneys' fees and costs, on grounds including the following: · Each of the Causes of Action against Defendants arises from an act ...
2022.07.01 Motion to Compel Responses, for Monetary Sanctions 249
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.07.01
Excerpt: ...led a Complaint. On 7/6/21, Plaintiff filed a First Amended Complaint, alleging that the employer constructively terminated Plaintiff's employment as camera operator, including by allowing ongoing sexual harassment by a coworker, and reducing hours, in retaliation for Plaintiff's complaining about the harassment instead of putting up with it in order to get along with the other employee. The causes of action are: 1) SEXUAL HARASSMENT, HOSTILE WOR...
2022.06.30 Motion to Contest Application for Determination of Good Faith Settlement 739
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.30
Excerpt: ...Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slanted f...
2022.06.30 Motion for Issue, Evidentiary, Terminating, and Monetary Sanctions 606
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.30
Excerpt: ...Plaintiff has received no wages for working about January 2019 through about June 6, 2019, and Plaintiff has not received any dividends as a shareholder after about June 2019. The Plaintiff's causes of action are: 1. CONVERSION; 2. BREACH OF FIDUCIARY DUTY; 3. AIDING AND ABETTING BREACH OF FIDUCIARY DUTY; 4. NEGLIGENCE; 5. UNJUST ENRICHMENT; 6. VIOLATION OF CAL. LABOR CODE §§ 1194, 1194.2, 1197, AND WAGE ORDER (FAILURE TO PAY MINIMUM WAGE); 7. ...
2022.06.28 Motion to Dismiss 406
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.28
Excerpt: ...trying to drive Plaintiff out of her leased premises, including by fraud. Plaintiff successfully obtained summary judgment in an unlawful detainer action, based upon having a lease with an option to purchase, at 2115 N. Upper Krest St., Los Angeles, CA 90046. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (DMIF) had foreclosed on a second deed of trust. Also, Defendant PETER DEWITTE recorded an assignment of a deed of trust to himself, and seeks ...
2022.06.28 Motion for Temporary Stay 182
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.28
Excerpt: ...ractors State License Board (CSLB). The causes of action are: 1. BREACH OF CONTRACT 2. FRAUDULENT MISREPRESENTATION 3. TRADE LIBEL 4. UNJUST ENRICHMENT. MP Positions Moving party requests an order staying this case pending a decision and possible appeal, sometime after 1/5/23, on grounds including the following: · A temporary stay is necessary pending a Writ of Mandate decision involving the same parties in the action. · A stay will not prejudi...
2022.06.27 Motion to Approve and Enter Consent Judgment 554
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.27
Excerpt: ...xyl) phthalate ("DEHP") and/or Lead or Lead Compounds, in “Ground Cinnamon”, “Umbrella”, Window Car Mount”, and “Ground Ginger.” MP Positions Moving party requests an order approving a consent judgment pursuant to Proposition 65, on bases including the following: First, the injunctive relief complies with Proposition 65 because as of sixty (60) days after the Effective Date (the “Compliance Date”), (a) Grocery Outlet shall not d...
2022.06.23 Motion for Determination of Good Faith Settlement 473
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.23
Excerpt: ...7/17, Plaintiff YEVGINE BARSEGHYAN filed a Complaint. On 10/15/20, Plaintiff filed a First Amended Complaint, alleging that, about June 2015, the entity defendant sold a home, without disclosing to Plaintiff known defects (e.g., mold, rain- collapsing roof) caused by the substandard renovations done by the individual defendant and co- defendants. Also, allegedly, Plaintiff's real estate agent, Defendant MARINE MAKARYAN, breached her duty of care,...
2022.06.22 Motion for Summary Judgment, Adjudication 056
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.06.22
Excerpt: ...s, including electrical, transmission and exterior. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving party requests an order granting summary judgment, or summary adjudication of the First and Third Causes of Action, against plaintiffs, on grounds including...

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