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2023.07.25 Demurrer 148
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.25
Excerpt: ...tiff alleges claims for negligence and intentional tort against Kemper Auto Insurance (“Defendant”). Defendant argues that the claim for negligence is barred by the two-year statute of limitations. Kemper is not a proper party. At the time of the incident the other driver involved in the accident, Hugo Esteban, was Defendant's insured. Plaintiff cannot bring a direct cause of action against a negligent party's insurer. Esteban was not Defenda...
2023.07.20 Motion to Tax Costs on Appeal 420
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.20
Excerpt: ...iability, breach of warranty, and negligent hiring/supervision/retention/training. On April 26, 2023, the Second District Court of Appeal affirmed a ruling by the Hon. Maurice Leiter granting Defendant's Motion for Summary Judgment on grounds Defendant was Plaintiff's employer as a matter of law, and Plaintiff was barred from asserting claims against Defendant pursuant to the workers' compensation exclusivity doctrine. The Court of Appeal awarded...
2023.07.20 Motion to Intervene 434
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.20
Excerpt: ...ision. Nonprofits Insurance Alliance of California (“Intervenor”) moves to intervene on grounds it issued a liability insurance policy to LPW, now a suspended corporation. LPW cannot defend itself in this action as a result. Intervenor will be liable for any judgment obtained against LPW. Therefore, Intervenor is the real party in interest with a direct and immediate interest in the litigation. Intervenor timely served all interested parties....
2023.07.20 Motion to Compel Deposition of PMQ 060
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.20
Excerpt: ...ttempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to produce its person most qualified (“PMQ”) to testify on the categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on May 5, 2022. Defendant objected and stated no witness would be produced. Defendant did not respond to two letters from Plaintiff requesting deposition dates....
2023.07.18 Motion to Compel Deposition of PMQ, Responses, for Monetary Sanctions 229
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.18
Excerpt: ...IES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, MIGUEL VAZQUEZ, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S THREE MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, VAZQUEZ TRANSPORT, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S TWO MOTIONS FOR ORDER...
2023.07.18 Motion for Reconsideration of Order Compelling Arbitration 263
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.18
Excerpt: ...h its obligations to repair or replace the vehicle which subsequently developed defects. Plaintiff alleges claims for breach of express and implied warranty under the Song- Beverly Consumer Warranty Act (“SBA”) against Nissan and asserts a claim for negligent repair against HGreg Auto Buena Park, LLC. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on Ochoa v. Ford Motor Company (Ford...
2023.07.18 Motion for Reconsideration of Order Compelling Arbitration 190
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.18
Excerpt: ...unable to repair. Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff alleges claims for breach of express and implied warranty against Nissan and a claim for negligent repair against Nissan of Downtown LA. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on a recent case which is persua...
2023.07.18 Motion for Leave to File FAC 190
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.18
Excerpt: ...y alleges claims for fraudulent concealment, negligent hiring and supervision, intentional and negligent infliction of emotional distress, and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a claim for loss of consortium. II. ARGUMENTS Plaintiffs move to amend the complaint based on discovery of new facts in April 2023. Plaintiffs will add claims for negligence, gross negligence, negligence per se, breach of fiduciary duty, and wi...
2023.07.18 Demurrer, Motion to Strike 048
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.18
Excerpt: ...urchase of Main Street Gas & Food Mart (“the Mart”). Plaintiff contends Defendants deprived him of his shares and joint ownership of the Mart. RHDM and Ansari (collectively, “RHDM” or “Cross-Complainants”) filed a cross-complaint against Hesham Elbialy; Elbialy Group, Inc.; HM Petroleum Group, Inc, and Emesiry, Inc. (“Elbialy” or “Cross-Defendants”) and Monem alleging 17 causes of action for breach of contract among other clai...
2023.07.18 Demurrer to FAC 040
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.07.18
Excerpt: ...r, Dorothea Johnson, was shot and killed on the premises. Plaintiff alleges claims for negligence and premises liability. II. ARGUMENTS A. Defendants' arguments Defendants, South Bay Villa Preservation, LLP and SBV Housing Preservation, LLP, (collectively “SPV”) demur to the second cause of action for negligence since Plaintiff was not physically present at the time her daughter was shot, and therefore, cannot claim to be a bystander for purp...
2023.06.29 Motion to Expunge Lis Pendens 346
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.29
Excerpt: ...reement for use of the premises as a gas station and food mart. Plaintiffs allege Defendant forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. Defendant allegedly failed to give written notice to Plaintiffs about the sale of the premises although Plaintiffs had the contractual right to exercise an option to purchase. Plaintiffs allege claims for breach of...
2023.06.29 Motion to Compel Arbitration and Stay Proceedings 482
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.29
Excerpt: ... termination and wage violations under the Labor Code. II. ARGUMENTS Defendant argues that Plaintiff agreed in writing to submit any claims arising out of her employment to binding arbitration under the Federal Arbitration Act and the California Arbitration Act. The arbitration agreement is not unconscionable. The Court should stay the action while the arbitration is pending. In opposition, Plaintiff argues that Defendant has not met its burden o...
2023.06.22 Demurrer, Motion to Strike 498
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.22
Excerpt: ...Apartments. Defendant, Firth 1, LLC, (“Firth”) bought adjacent real property and built residential units. Plaintiffs allege that Defendants did not obtain a survey prior to construction and failed to meet setback requirements. The parties disputed whether McCoy's north wall was built on McCoy's property. Firth hired Defendant, Karen Korganyan (“Korganyan”), who allegedly prepared a contrived survey that misallocated the boundary to make i...
2023.06.15 Special Motion to Strike 048
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.15
Excerpt: ...ether agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage, Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) ins...
2023.06.08 Motion to Set Aside Sanction Order 065
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.08
Excerpt: ...rch 9, 2023, for Plaintiff to show proof of release of annuity funds. Moving party was ordered to give notice. (Min. Ord. 11/10/22.) Plaintiff did not give notice of the OSC set for March 9, 2023, as ordered by Judge Filer. The parties did not appear for the OSC hearing on March 9, 2023, nor did Plaintiff file proof the annuity funds were released. The Hon. Michael Shultz continued the hearing to April 28, 2023, for failure to appear and failure ...
2023.06.08 Demurrer, Motion to Strike 701
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.08
Excerpt: ...tract, breach of the warranty of habitability, intentional infliction of emotional distress, negligence, nuisance, and wrongful eviction. II. ARGUMENTS Defendants, Tanisha McNeal and Penmar Management & Finance (“Penmar”) (collectively, “Defendants”) demur to the claim for intentional infliction of emotional distress on grounds Plaintiffs have not alleged facts showing extreme and outrageous conduct. Defendants separately move to strike p...
2023.06.08 Demurrer to FACC 346
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.08
Excerpt: ...llege Defendants forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. If Defendants desired to sell the premises, Plaintiffs allege they had the right of first refusal. Defendants failed to give written notice to Plaintiffs about the sale. Plaintiffs allege claims for breach of contract and declaratory relief. Defendant, Mohummed S. Islam, filed a cross-com...
2023.06.06 Demurrer to FAC, Motion to Strike 393
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.06
Excerpt: ...ant allegedly failed to repair. Plaintiff alleges claims for violations of the Song-Beverly Consumer Warranty Act and for fraudulent concealment. II. ARGUMENTS Defendant demurs to the fourth cause of action for fraudulent concealment because Plaintiff does not allege a transactional relationship giving rise to a duty to disclose, which is a necessary element of the claim. The claim is also not alleged with specificity. Since the fraudulent concea...
2023.06.01 Motion to Compel Arbitration 657
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.01
Excerpt: ...f a 2019 Jeep Grand Cherokee manufactured by FCA. The vehicle developed engine, transmission, and other defects that FCA allegedly failed to remedy in violation of the Song-Beverly Consumer Warranty Act ("the SBA"). On May 19, 2023, Plaintiff filed a dismissal of Defendant, Champion Chrysler Jeep Dodge ("Champion"). Therefore, the Court takes off calendar Champion's motion to compel arbitration. II. ARGUMENTS Defendant FCA requests an order compe...
2023.06.01 Motion to Bifurcate 258
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.06.01
Excerpt: ...ien in violation of the Self-Storage Facility Act ("Act"). Plaintiff alleges causes of action for conversion, fraud, for an injunction, and for violation of the Act On December 1, 2021, the Hon. Thomas D. Long denied Plaintiffs request for a preliminary injunction. ARGUMENTS Defendant moves to bifurcate the liability and punitive damage phases. Plaintiff cannot support claims for either fraud or punitive damages. There are no facts to support the...
2023.05.30 Motion to Compel Arbitration 444
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.05.30
Excerpt: ...l 4, 2023. The Court continued the hearing to permit Defendant to file a supplemental declaration with admissible evidence substantiating Uber's sign-in procedures on its platform. II. ARGUMENTS Uber moves to compel Plaintiff to arbitrate his personal injury claims based on the mandatory arbitration provision set forth in Uber's Terms of Service ("Terms") to which Plaintiff agreed when he signed up for a rider account. The provision delegated the...
2023.05.30 Motion for Leave to File TAC 347
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.05.30
Excerpt: ... parental rights causing Plaintiff emotional distress since the vaccinations are against Plaintiffs religious beliefs, and Defendant did not obtain Plaintiffs consent. Plaintiff King-Harvey suffers from recurring headaches. II. Arguments Plaintiffs request leave to file a Third Amended Complaint to add additional causes of action for unlawful business practice, intentional infliction of emotional distress, failure to obtain informed consent, and ...
2023.05.18 Motion to Compel Mental Exam 176
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.05.18
Excerpt: ... also subjected her to daily harassment. Plaintiff resigned because she was unable to continue working in that environment. Plaintiff alleges 13 causes of action for violations of the Federal Employment and Housing Act ("FEHA"), wage violations under the Labor Code and for wrongful constructive termination. ARGUMENTS Defendant, Paramount Transportation Logistics Services, LLC, requests an order to compel Plaintiff's appearance for a mental examin...
2023.05.18 Demurrer, Motion to Strike 197
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.05.18
Excerpt: ...f action for battery, negligence, emotional distress, fraudulent concealment, nuisance, and breach of contract. Defendants, Carson Hospitality Group, Inc., dba Motel 6 Los Angeles-Carson, G7 Hospitality, LLC, and Tim Lamb (collectively "Defendants") demurs to the claims for battery, intentional infliction of emotional distress, and private nuisance on grounds they are barred by the applicable statutes of limitations or otherwise fail to state suf...
2023.05.16 Motion for Leave to File Complaint 476
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.05.16
Excerpt: ...m physical activities to accommodate Plaintiffs medical condition ("brittle bone disease"). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class. Plaintiff fell and suffered multiple fractures. Plaintiff alleges eight causes of action for violations of the Americans with Disabilities Act, the Unruh Civil Rights Act, and negligence against Defendants, Watts Learning Center Foundation,...

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