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2024.02.16 Motion for Summary Judgment 149
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.16
Excerpt: ...ectively, “Plaintiffs”) filed this action \ against defendant City of San Marino (“Defendant”) asserting various violations of Government \ Code section 12940(a) (“FEHA”), including discrimination, failure to accommodate, and failure to engage in the interactive process. The operative pleading is the Third Amended Complaint (“TAC”). It inc\ ludes two causes of action based on FEHA violations for discrimination and fai\ lure to acc...
2024.02.16 Demurrer 043
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.16
Excerpt: ...ngela Consolida and Giuseppe Consolida (collectively, “Defendants”). Plaintiff alleges that on or about\ October 29, 2018, she entered into a contract with Angela Consolida's father, Michael “Mike” Macchia, to rent the property located at 8855 3/4 Mission Drive in Rosem\ ead, California (the “Property”) for $1,000 a month for one year. On \ February 1, 2023, Defendants informed Plaintiff that they planned to renovate the Property and ...
2024.02.14 Motion to Reopen Discovery 711
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.14
Excerpt: ... and A and \ A Trucking. Plaintiff alleges that on April 15, 2019, she and Aguilar were involved \ in an automobile collision on the I-210 westbound freeway at the Fair Oaks exi\ t in Pasadena, California. On August 4, 2020, Plaintiff amended the complaint to add Lee Ramirez (“Ramirez”) as Doe 1. On January 15, 2021, and April 13, 2021, Plaintiff filed a First Amended\ Complaint and again amended it to add Ramirez as Doe 1. On January 17, 202...
2024.02.14 Demurrer, Motion to Strike 202
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.14
Excerpt: ... Deanne Bilemjian (collectively, “Plaintiffs”) filed this action asserting claims \ for breach of insurance contract, bad faith breach of implied covenant of good faith a\ nd fair dealing, conversion, and negligence against Transamerica Life Insurance \ Company (“Transamerica”). On March 21, 2023, Plaintiffs added Leisure Werden & Terry Agency (“Defendant”) as Doe 1. On September 28, 2023, Plaintiffs filed the operative First Amended ...
2024.02.13 Motion to Reopen Non-Expert Discovery 598
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.13
Excerpt: ...e cancelling earplugs (the “Subject Product”). Defendants Ace Hardware Corporation and The Grommet (collectively, “Defendants”) filed this motion to reopen non-expert discovery on January 18, 2024, after the trial date of January 8, 2024, was continued to May 13, 2024 and the parties stipulated that only expert discovery deadlines would be related to the new trial date. Based on the former trial date, fact discovery closed on December 8, ...
2024.02.13 Motion to Compel Arbitration 338
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.13
Excerpt: ...rtners, LLP (“Martini LLP”), Christopher Passmore (“Passmore”), Steve Martini (“Martini”), and Withum Smith + Brown, PC (“Withum”). Plaintiff asserts causes of action for: (1) breach of fiduciary duty, (2) aiding and abetting breach of fiduciary duty, (3) breach of contract, (4) breach of implied covenant of good faith and fair dealing (5) intentional interference with contractual relations (6) unjust enrichment, (7) gross neglige...
2024.02.13 Motion for Terminating, Issue, or Evidentiary Sanctions, Monetary Sanctions 111
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.13
Excerpt: ... I. INTRODUCTION Plaintiffs Lizette Torres and Omar Torres Angulo (collectively, “Plaintiffs”) move for an order imposing terminating, issue, or evidentiary sanctions against defendant General Motors LLC (“Defendant”) or, in the alternative, an order imposing monetary sanctions and compelling compliance with a prior court order issued on September 15, 2023 (the “September 15 Discovery Order”). Plaintiffs contend that Defendant has fai...
2024.02.09 OSC Re Contempt 871
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.09
Excerpt: ... in contempt for willfully disobeying a deposition subpoena. The deposition subpoena was issued to Ngoc on August 30, 2023, and personally served on her on September 7, 2023. The deposition was scheduled for September 28, 2023. It is undisputed that Ngoc did not appear for her deposition. On February 1, 2024, Ngoc filed a “response” to this motion, in which her attorney, Dan Hogue, states that Ngoc's failure to attend the deposition was due t...
2024.02.09 Motion to Compel Arbitration 630
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.09
Excerpt: ... Security”) (collectively, “Plaintiffs”) filed this action against defendant Tesla, Inc. dba Tesla Motors, Inc. (“Tesla”). Plaintiffs assert causes of action for violations of the Song-Beverly Act and allege that Tesla has failed to comply with its warranty and repair obligations in connection with Plaintiffs' leased 2022 Tesla Model 3 (the “Subject Vehicle”). On September 5, 2023, Defendant filed this motion for an order compelling...
2024.02.08 Motion for Sanctions 286
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.08
Excerpt: ...mpany, Inc. (“Defendant”). On January 23, 2023, having taken the matter under submission on January 9, 2023, this action was ordered to arbitration by the Honorable Colin P. Leis. On December 29, 2023, Plaintiff filed this motion for sanctions pursuant to Code of Civil Procedure section 1281.98 after Defendant failed to pay the fees due to the arbitral provider, JAMS. On January 26, 2024, Defendant filed an opposition brief. On February 1, 20...
2024.02.07 Demurrer, Motion to Strike 884
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.07
Excerpt: ...o”) (collectively, “Plaintiffs”) filed this action against defendants Option Motor Cars, Inc. (“Option Motor Cars”) and Michael Xuye Li (“Li”) (collectively, “Defendants”). Plaintiffs assert six causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) tort of another claim for attorney's fees, (5) violation of Penal Code section 496, and (6) unfair compe...
2024.02.05 Motion for Discharge and Attorney Fees 890
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.05
Excerpt: ...rpleader action. Wells Fargo alleges that on March 8, 2022, defendant Xiaoye Zhang (“Zhang”) opened a deposit account at Wells Fargo ending with account number -6989 (“Account”). On January 9, 2023, $30,000 was wired from a deposit account held by defendant Shirley A. Miller (“Miller”) to Zhang's Account. Miller requested a recall of the Wire and claimed that it was procured by fraud. On January 10, 2023, Wells Fargo restrained Zhang'...
2024.02.05 Special Motion to Strike, Demurrer to FAC 028
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.05
Excerpt: ...”) filed this action against defendant Li Lin (“Defendant”) asserting causes of action for: (1) negligence, (2) breach of implied warranty of habitability, (3) negligent infliction of emotional distress (“NIED”), (4) breach of oral contract. (5) conversion. (6) constructive eviction, (7) damages for renting unpermitted unit (California Civil Code section 1924.4), and (8) quantum meruit for services. On December 11, 2023, Plaintiff filed...
2024.01.29 Motions to Compel Further Discovery Responses 002
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.29
Excerpt: ......
2024.01.29 Motion to Compel Arbitration 338
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.29
Excerpt: ...ners, LLP (“Martini LLP”), Christopher Passmore (“Passmore”), Steve Martini (“Martini”), and Withum Smith + Brown, PC (“Withum”). Plaintiff asserts causes of action for: (1) breach of fiduciary duty, (2) aiding and abetting breach of fiduciary duty, (3) breach of contract, (4) breach of implied covenant of good faith and fair dealing (5) intentional interference with contractual relations (6) unjust enrichment, (7) gross negligenc...
2024.01.26 Motion to Set Expert Fees 598
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.26
Excerpt: ...M.D. (“Dr. Djalilian”) from $2,000 per hour to no more than $750 per hour, or whatever reasonable hourly rate the Court deems just and proper. Plaintiff also seeks an order preventing Dr. Djalilian from setting a “minimum” number of hours for which Plaintiff has to pay in order to depose him. II. LEGAL STANDARD If a party desiring to take the deposition of an expert witness deems that the hourly or daily fee of that expert is unreasonable...
2024.01.26 Demurrer, Motion to Strike 369
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.26
Excerpt: ...efendant General Motors LLC (“Defendant”) asserting claims based on fraudulent concealment and violations of the Song-Beverly Act. Plaintiff alleges that he purchased a 2019 GMC Sierra (“Subject Vehicle”) on June 8, 2019, which included an eight-speed automatic transmission. Plaintiff alleges that Defendant's new eight-speed automatic transmissions had a “design defect based on a typical architecture that causes ‘harsh shifts' in lowe...
2024.01.24 Demurrer, Motion to Strike 734
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.24
Excerpt: ...nst defendant SR Hospitality Group LLC (“Defendant”). Plaintiff alleges that on April 6, 2023, she stayed at a franchised Motel 6 owned and operated by Defendant. (Compl., ¶ 16.) On the morning of April 7, 2023, she awoke at 5 a.m. to excruciating pain on her left foot and bedbug bites. (Compl.,¶ 18.) She alleges that she informed “Defendants' agents” the front desk that she had been bitten by a bedbug and requested a new room but the a...
2024.01.22 Motion to Strike Punitive Damages Claims 598
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.22
Excerpt: ...In this products liability case, plaintiff Martina A. Silas (“Plaintiff”) sues for damages from an injury she allegedly sustained when she first tried using the QuietOn Active Noise Cancelling Earbuds (“Earbuds”), which she purchased from defendant The Grommet. On November 16, 2023, the Court granted Plaintiff's motion for leave, and Plaintiff filed her operative First Amended Complaint (“FAC”) on the same day. On December 19, 2023, d...
2024.01.19 Motion to Compel Arbitration 620
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.19
Excerpt: ...d this unlawful detainer action against defendant Karen Brandt dba Lulu Brandt ("Defendant") in connection with the premises located at 1 West California Boulevard, Suite #412 in Pasadena, California. On December 1, 2023, Defendant filed an answer. On December 19, 2023, Plaintiff filed an ex parte application for an order advancing the hearing date on a motion to compel arbitration that Defendant served (but did not file) or, in the alternative, ...
2024.01.19 Demurrer 622
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.19
Excerpt: ...An ("Plaintiff') filed this action against defendants Agnes Sinclair aka Agnes Yen ("Yen"), American Franchise Regional Center LLC ("American Franchise"), and Americana Hesperia Retirement Funding LLC ("Americana Hesperia") (collectively, "Defendants"). Plaintiff also named four other defendants who have not yet been served: Sylvia Young ("Young"), John Deyong Hu ("Hu"), Hu & Associates, LLC ("Hu Associates"), and Universo Holdings, Inc. ("Univer...
2024.01.17 Motion for Judgment on the Pleadings 132
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.17
Excerpt: ...Motor Company (“Defendant”) and WC Performance Ford dba Performance Ford. Plaintiff alleges that on April 15, 2022, he purchased a new 2022 Ford Explorer (the “Subject Vehicle”). (Compl., ¶ 9.) Plaintiff alleges that the Subject Vehicle had a defective ten-speed automatic transmission (the “10R80 Transmission Defect”) which caused “abrupt harsh shift, erratic shifting, jerking (commonly known as “juddering or “shuddering”), l...
2024.01.11 Motion to Quash Service of Summons and Complaint, Demurrer to FAC 590
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.11
Excerpt: ... quash service of summons and complaint. Plaintiff Evelyn D. Childress (“Plaintiff”) filed a proof of service of summons on November 1, 2023, in which a registered process server declared that Defendant's attorney, Eric Khaodadian, was personally served on Defendant's behalf. Mr. Khaodadian submits a declaration stating that on October 17, 2023, a process server attempted to serve him with the summons and complaint, but he specifically told t...
2024.01.04 Motion to Compel Arbitration 897
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.04
Excerpt: ...nter-Con Security Systems (“Defendant”), alleging wrongful termination in violation of public policy, retaliation, various violations of the Labor Code, and unfair competition pursuant to Business and Professions Code section 17200. On September 21, 2023, Defendant filed this motion to compel Plaintiff to arbitrate her claims, and to stay the action pending completion of arbitration. II. LEGAL STANDARD When seeking to compel arbitration of a ...
2024.01.04 Motion for Terminating, Issue, or Evidentiary Sanctions, for Monetary Sanctions 111
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.01.04
Excerpt: ...TION Plaintiffs Lizette Torres and Omar Torres Angulo (collectively, “Plaintiffs”) move for an order imposing terminating, issue, or evidentiary sanctions against defendant General Motors LLC (“Defendant”) or, in the alternative, an order imposing monetary sanctions and compelling compliance with a prior court order issued on September 15, 2023 (the “September 15 Discovery Order”). Plaintiffs contend that Defendant has failed to abide...

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