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2024.02.27 Demurrer 140
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ...name. Plaintiffs present that Defendants Maria Gaytan (“Maria”) [1] and Francisco Gaytan (“Francisco” and collectively “Defendants”), Millan's brother, obtained the loan and title in his name to accommodate Millan; that an agreement was made whereby one defendant agreed to deed the Subject Property to Plaintiffs at a later date when Plaintiffs would be eligible to hold title; and Millan paid the down payment, closing costs, commission...
2024.02.27 Demurrer, Motion to Strike 032
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ... Ford Econoline wheelchair accessible van driven by Create Choice's employee Defendant Marcus Russel l (“Russell”) when Russell rear-ended a vehicle that was stopped ahead of him. Plaintiff contends that prior to the incident, Russell was responsible for securing Plaintiff's wheelchair and failed to properly do so, causing the wheelchair to launch during the collision, injuring Plaintiff. Plaintiff further alleges that, following the collisio...
2024.02.20 Motion to Vacate or Set Aside Judgment 191
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ed at various times and in various places notices of their intent to sell the Subject Property at a pu blic auction on June 16, 2022 at 9:00 at 1311 Sycamore Drive in Norwalk, Los Angeles County, California; (3) Nerez attempted to sell the Subject Property to Defendant GHI Investments LLC (“GHI”) for valuable consideration, and (4) the sale was wrongful because Plaintiff did not grant and convey to any trustee the Subject Property. On Februar...
2024.02.20 Motion to Set Aside or Vacate Default, Judgment 574
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...he risk of loss or damage to said motor vehicle; and (2) said vehicle was being lawfully operated o r parked along and upon certain public streets and highways within the County of Los Angeles Central Judicial District when Defendant Susan Diane Blackburn (“Susan”) [1] negligently operated an uninsured vehicle that was owned by Susan and Defendant Guy Paul Blackburn, III (“Guy” and collectively “Defendants”), causing a collision that ...
2024.02.20 Motion to Compel Responses 041
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ue to this and Defendant's failure to operate its vehicle safely, while attempting to board Defendant's car, Plaintiff fell, sustaining severe injuries. On January 11, 2023, Plaintiff filed his Complaint alleging two causes of action for General Negligence and Premises Liability. On February 27, 2023, Defendant filed its Answer. On July 19, 2023, counsel for Plaintiff filed an Ex Parte Application to be Relieved as Counsel. On July 19, 2023, the ...
2024.02.20 Motion to Compel Further Responses, for Sanctions 740
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ch Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance for a specified period of time. Plaintiff further alleges that during the warranty period, the Subject Vehicle contained or developed defects, including but not limited to, defective electrical system, defective engine, defective ignition system, and “[a]ny additional complaints made...
2024.02.20 Demurrer 297
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...d his friend that his chest was bothering him. As a result of this, Decedent's friend allegedly called for an ambulance and Defendant Hall Ambulance Services, Inc. (“Hall Ambulance”) responded. Plaintiff further alleges that Hall Ambulance's employees (1) notated that Decedent was walking around the property talking to himself, had dilated pupils, appeared to be deranged, had a bounding radial pulse, was in tachycardia, and had pale, warm, an...
2024.02.20 Demurrer 232
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...as told from an unknown source that the restroom was not available, but was being worked on; and ( 2) was told by some bikers that someone had overdosed on drugs in the restroom and the restroom had been welded shut. Plaintiff presents that, on the third time, after talking to the bikers, he returned inside the Arco AM/PM and confirmed the information w ith Maggie who informed him that the restroom door was welded shut several months ago. Plainti...
2024.02.06 Motion to Deem RFAs Admitted 156
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ... Defendants Qualityloan Service Corporation (“Qualityloan”); Select Portfolio Servicing, Inc. (“Select Portfolio”); Wilmington Savings Fund Society, FSB, as owner trustee of CMSC 2021-RPL11 (“Wilmington Savings”); and all persons claiming legal, equitable, lien, and estate in the property located at 38140 Archwood Way, Palmdale, California 93552, APN 3024-036-039. Plaintiff further alleges that Defendants failed to comply with provisi...
2024.02.06 Motion for Summary Judgment 419
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ...ped on water and/or a similar substance on the floor causing him to slip and fall. Plaintiff further alleges that the slip and fall caused him to endure severe injury and pain. On May 24, 2021, Plaintiff filed his Complaint alleging two causes of action for Negligence and Premises Liability. On February 02, 2023, Defendant filed its Answer. The Court notes that the Answer states that Defendant is “OMG SPORTS II INC., dba Rockin' Jump Trampoline...
2024.02.06 Motion for Judgment on the Pleadings 425
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ...ado and Marisela S Preciado, at or about the intersection E. Palmdale Avenue and 30th Street East in Palmdale, California 93550. Plaintiff further alleges damages in the following amounts: (1) $4,339.68 in property damage, and $30,000.00 in damages to Juan Ramos Preciado and Marisela S Preciado's persons. On May 25, 2021, Plaintiff filed its Complaint for Property Damages and Uninsured Motorist Bodily Injury. On July 21, 2021, Fabiola filed her A...
2024.02.06 Demurrer 876
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ...as bedbug) bites during Plaintiff's stay at Defendants' hotel on November 03, 2019. Plaintiff checked in to the hotel on November 02, 2019. On November 03, 2019, Plaintiff states that she awoke at 2 a.m. with an “intense itching sensation.” (Compl. ¶ 15.) She alleges that when she pulled back the covers, she discovered bedbugs which she reported to hotel staff. Plaintiff contends that cleaning staff then came to inspect the room at which tim...
2024.01.30 Demurrer 628
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.30
Excerpt: ...he fight. Plaintiff further alleges that he went over to the direction of the fight and saw a male, later identified as Joseph M. Quirola, sued here as the Estate of Joseph M. Quirola (as to both the estate and the individual “Quirola”), and asked Quirola to stop, but Quirola's female companion intervened and yelled at Plaintiff to leave them alone and not tell them what to do. Plaintiff presents that, afterwards, the Quirola's female compani...
2024.01.30 Motion for Protective Order Quashing Subpoena of PMQ 112
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.30
Excerpt: ...hich resulted in severe and permanent injuries to her, including paralysis. Plaintiff further alleges that (1) Dr. Lai was an employee or contractor retained by Defendant Advanced Pain Medical Group, Inc. (“ADMG”); (2) Defendant Shira Amor Bizaoui, CRNA (“Bizaoui”) acted as a California certified registered nurse anesthetist in connection with the March 5, 2020 epidural injection to Plaintiff; (3) Bizaoui was an employee or contractor ret...
2024.01.30 Demurrer 758
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.30
Excerpt: ...July 18, 2023, Plaintiff filed his Complaint alleging five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress (“IIED”); (4) Negligence; and (5) Negligent Hiring, Supervision, and Retention. On September 06, 2023, Plaintiff filed this Motion for an Order Nunc Pro Tunc Correcting an E-Filing Error of the Filing Date of the Summons and Complaint, subsequently granted. The Complaint is deemed filed on...
2024.01.23 Special Motion to Strike 144
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...if you have anything to do with the Vandam [sic] family, I would be extremely careful…Evil, evil, evil who hide behind the word of God;” · “They make fun of special needs adults calling them retards…;” · “…and will do things to break up marriages and relationships;” and · They will make up lie after lie…” Plaintiffs present that Defendant has a social media presence due to her status in the community and her time as a reali...
2024.01.23 Motion to Compel Arbitration 212
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...f 5 years of 60,000 miles, whichever came first, and an express limited power train warranty covering 10 years or 100,000 miles, whichever came first. Plaintiffs present that the Subject Vehicle had various defects and/or nonconformities in the battery system, including an inability to take a charge; that these defects were present at the time of sale; and, at the time of sale, Defendant and the selling dealership were aware of the problems in th...
2024.01.23 Motion for Summary Judgment 905
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...ff on both of her arms. Plaintiff further alleges that sustained severe injuries. On November 09, 2021, Plaintiff filed her Complaint alleging two causes of action for Negligence and Premises Liability. On October 28, 2022, Tom and Audrey (collectively “Moving Defendants”) filed their Answer. The Court notes that Laura was served on January 23, 2023 and, at this time, has neither answered nor been placed in default. On November 07, 2023, Movi...
2024.01.23 Motion for Reconsideration, for Sanctions 396
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...mises Liability. On July 11, 2022, Defendant filed its Answer. On September 30, 2022, Defendant filed three motions: (1) a Motion to Compel Plaintiff's Answers to Request for Production of Documents; (2) a Motion to Compel Plaintiff's Answers to Form Interrogatories, and (3) a Motion to Compel Plaintiff's Answers to Special Interrogatories. On December 06, 2022, the aforementioned motions were granted. On January 11, 2023, Defendant filed a Motio...
2024.01.23 Demurrer, Motion to Strike 744
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...ount of $283,000, memorialized by a Deed of Trust with the maturity due date of September 01, 2037. Plaintiffs further allege: (1) a subsequent string of assignments led the Deed of Trust to be purportedly assigned to Defendant U.S. Bank Trust National Association, solely as trustee of the Truman 2021 SC9 Title Trust (“U.S. Bank”); (2) on August 30, 2022, a Notice of Default and Election to Sell Under Deed of Trust was recorded in the in the ...
2024.01.23 Demurrer, Motion to Strike 657
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...nitiate an unlawful detained (“UD”) action to lawfully evict her; Defendant entered the Property without Plaintiff's permission and without 24 hour written notice; and Plaintiff is currently denied access to the Property. On June 20, 2023, Plaintiff filed her Complaint alleging two causes of action for Illegal Lockout of Tenant and Trespass. On October 04, 2023, Plaintiff filed her First Amended Complaint (“FAC”) alleging five causes of a...
2024.01.16 Motion to Strike 898
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.16
Excerpt: ...t 40123 98th St. W, Leona Valley, California as an unlicensed automotive repair dealer and unlicensed vehicle dealer. Plaintiff presents that he is the owner of 11 automobile sand co-owner of one automobile and has had issues with Defendants over each vehicle as follows: · 1973 365 GTB/4 Daytona Ferrari – Plaintiff purchased the Daytona Ferrari and Don conducted a pre- purchase inspection, quoting $45,000.00 to repair the vehicle. No written s...
2024.01.16 Motion to Quash 898
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.16
Excerpt: ...t 40123 98th St. W, Leona Valley, California as an unlicensed automotive repair dealer and unlicensed vehicle dealer. Plaintiff presents that he is the owner of 11 automobile sand co-owner of one automobile and has had issues with Defendants over each vehicle as follows: · 1973 365 GTB/4 Daytona Ferrari – Plaintiff purchased the Daytona Ferrari and Don conducted a pre- purchase inspection, quoting $45,000.00 to repair the vehicle. No written s...
2024.01.16 Demurrer 003
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.16
Excerpt: ... within the applicable express warranty period, FMC had a duty to offer to repurchase or replace the Subject Vehicle after it failed to conform the Subject Vehicle to the terms of the express warranty after a reasonable number of attempts, and FMC failed to do so. Regarding Defendant Diamond Ford (“Diamond”), Plaintiff alleges that Diamond breached its duty to Plaintiff to use ordinary care and skills by failing to property store, prepare, an...
2024.01.09 Motion to Compel Further Responses 345
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.09
Excerpt: ...) was travelling westbound on Avenue F when she entered the intersection without stopping at her stop sign due to a dangerous condition on the roadway, causing the Subject Vehicle to broadside Houghton's vehicle.¿ (Complaint, at ¶ 1.)¿ The Subject Vehicle overturned and collided with a wooden electrical pole, causing the pole to collapse, on the northwest corner, before coming to rest on the adjacent dirt field.¿ On May 19, 2020, Plaintiff fi...

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