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2024.05.31 Motion to Amend Judgment 839
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.31
Excerpt: ...ce. BACKGROUND On June 4, 2020, the California Labor Commissioner requested the Clerk Enter Judgment pursuant to a Judgment on a Final Order, Decision or Award of the Labor Commissioner. On April 28, 2020, the Labor Commissioner entered a Judgment against IDD, Inc., ("IDD") in favor of Mariana Letuchaya Darsalia (“Plaintiff”) in the matter entitled Marina Letuchaya v. IDD, Inc ., a California Corporation, 8 State Case No. WC -CM -4575...
2024.05.30 Demurrer, Motion to Strike 064
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.30
Excerpt: ...to strike is granted without leave to amend as to the claim for attorney's fees and with 10 days leave to amend as to the claim for punitive damages. OSC re: Amended Complaint is scheduled for June 13, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On April 24, 2023, Joseph Nguyen, D.C. Chiropractic, Inc. (“Plaintiff”) filed a Complaint against Southwest Legal Group (“Defendant”) and Does 1 to 100, alleging a single cause of a...
2024.05.28 Motion to Strike Punitive Damages from FAC 433
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.28
Excerpt: ...ATIVE: Defendants' motion to strike punitive damages from the FAC is denied. Moving parties to give notice. BACKGROUND On November 8, 2023, James Borrelli (“Plaintiff”) filed a Complaint against Sitcoproperties, Inc. (“Sitco Properties”); Simicha Borenstein aka Sam Borenstein (“Borenstein”); LA Housing Outreach LLC (“LA Housing”), (collectively “Defendants); and Does 1 to 10. The Complaint alleges seven causes of action: (1) dec...
2024.05.28 Motion to Strike Punitive Damages 433
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.28
Excerpt: ...ATIVE: Defendants' motion to strike punitive damages from the FAC is denied. Moving parties to give notice. BACKGROUND On November 8, 2023, James Borrelli (“Plaintiff”) filed a Complaint against Sitcoproperties, Inc. (“Sitco Properties”); Simicha Borenstein aka Sam Borenstein (“Borenstein”); LA Housing Outreach LLC (“LA Housing”), (collectively “Defendants); and Does 1 to 10. The Complaint alleges seven causes of action: (1) dec...
2024.05.22 Motion to Quash Service of Summons and Complaint 892
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.22
Excerpt: ... is granted. Defendants to give notice. BACKGROUND On November 1, 2023, Lloyd Albert Payne Jr. (“Plaintiff”) filed a Complaint against Avis Budget Group, Inc. and Joseph Feraro (“Defendants”). The Complaint pertains to a dispute over real property. Plaintiff filed a Proof of Service of, inter alia, the sum mons and complaint by Substituted Service on January 22, 2024. Defendants now move to quash the service of summons and complaint. The ...
2024.05.21 Motions in Limine 381
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.21
Excerpt: ...nviction for possession of a controlled substance; 3) 4/28/14 conviction for bringing contraband into a jail. (Evid. Code § 788). The motion is granted with respect to plaintiffs' prior arrests, non -felony convictions, and uncharged offenses. The Court GRANTS Defendant's Request for Judicial Notice of Ebersole's three convictions. Defendant's MILs: 1. To preclude Evidence of other lawsuits and alleged misconduct by Deputy Hurtado. The Court DEN...
2024.05.21 Demurrer to FAC 315
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.21
Excerpt: ...ranted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for June 27, 2024, at 8:30 a.m. Defendant LKP to give notice. BACKGROUND O n November 15, 2019, Sean Michaels (“Michaels”) and PB Consulting, LLC (collectively “Plaintiffs”) filed a Complaint against Christopher M. Stevens; the Law Office of Christopher M. Stevens (collectively “Stevens”); LKP Global Law (“LKP”) and Does 1 to 10.) The Complaint alleges a s...
2024.05.17 Motion for Summary Adjudication 987
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.17
Excerpt: ...OCEEDING: Renewed Motion for Summary Adjudication as to the 12th Cause of Action in Plaintiff's Fourth Amended Complaint OPPOSITION: 1 May 2024 REPLY: 10 May 2024 TENTATIVE: Plaintiff's Renewed Motion for Summary Adjudication is denied. Plaintiff to give notice. BACKGROUND This action arises out of real estate development projects in Los Angeles, California concerning properties with assessor parcel numbers 4419 -015 -196, 4419 -015 -907, 4419 -0...
2024.05.17 Motion for Preliminary Injunction 559
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.17
Excerpt: ... a preliminary injunction is granted as set forth below. BACKGROUND On August 4, 2023, David Feeley (“Feeley) and Porter Ranch Physical Therapy, Inc. (“Porter Ranch PT”) (collectively “Plaintiff”) filed a Complaint against Jeffrey R. Vargo (“Vargo”); Vargo Physical Therapy (“Vargo PT”) (collectively “Defendants”) ; and Doe s 1 to 50. The operative First Amended Complaint (“FAC”), filed November 30, 2023, alleges six caus...
2024.05.17 Demurrer to FACC 672
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.17
Excerpt: ...r to First Amended Cross-Complaint 01 May 2024 07 May 2024 Cross Defendant TCFI's demurrer to the First Amended Cross-Complaint is overruled as to the first cause of action and sustamed with leave to amend as to the third and fourth causes of action. Cross-Complainant is granted 60 days leave to amend. The court sets the OSC RE: Amended Complaint for June 24, 2024, at 8:30 a.m. Moving party to give notice. On September 29, 2023, Valence Surface T...
2024.05.09 Demurrer, Motion to Strike FAC 315
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.09
Excerpt: ...evens Defendants' demurrer is sustained with leave to amend. The motion to strike is denied as moot. Plaintiffs are granted 30 days leave to amend. Defendants to give notice. BACKGROUND O n November 15, 2019, Sean Michaels (“Michaels”) and PB Consulting, LLC (collectively “Plaintiffs”) filed a Complaint against Christopher M. Stevens; the Law Office of Christopher M. Stevens (collectively “Stevens”); LKP Global Law (“LKP”) and Doe...
2024.05.08 Motion to Compel Arbitration 398
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.08
Excerpt: ...gust 14, 2023, Arcenia Mejia (“Plaintiff”) filed a Complaint against Laurel Pointe Apartments (“Defendant”) and Does 1 to 25. The First Amended Complaint (“FAC”) alleges nine causes of action: 1) Violation of Lab. Code § 1102.5; 2) Wrongful Termination in Violation of Public Policy; 3) Minimum Wage/Overtime Violations; 4) Meal Period Violations; 5) Rest Period Violations; 6) Violation of Lab. Code § 226 (Unlawful Wage Statements); 7...
2024.05.07 Motion for Summary Adjudication 730
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.07
Excerpt: ... between the subcontractor and the property owner. Contractual privity exists only betwee n the prime contractor and the subcontractor, one the one hand, and the prime contractor and the property owner, on the other hand. The proposition is incorrect. Claims for quantum meruit do not require the existence of contractual privity between the plaintiff and defendant. No contract is necessary at all. That is the point of quantum meruit. ( E.J. Franks...
2024.05.02 Demurrer 492
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.02
Excerpt: ...amend. The action is dismissed. BACKGROUND On December 26, 2023, Deuk Lee (“Plaintiff”) filed a Complaint against Mark Yang (“Mark”); Jean S. Yang (“Jean”) and The Living Trust of Jean S. Yang, Dated July 27, 2018 (the “Trust”); and Does 1 to 50. The Complaint alleges three causes of action: (1) Fraudulent Transfer under the Uniform Transfer Act (Civ. Code § 3493), (2) Common Law Fraudulent Transfer; and (3) Conspiracy to Defraud...
2024.05.01 Demurrer 262
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.05.01
Excerpt: ...l Detainer Complaint OPPOSITION: 18 April 2024 REPLY: 14 April 2024 TENTATIVE: Defendants' demurrer is sustained without leave to amend. The action is dismissed. Moving party to give notice. BACKGROUND On December 21, 2023, Quetzal Salcido as administrator of Patricia Salcido -Alvonistis's Estate (“Plaintiff”) filed an Unlawful Detainer (UD) Complaint against Eric Martirosyan and E & E Ristorante Group, Inc. (collectively “Defendants”). O...
2024.04.30 Demurrer, Motion to Strike FAC 276
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.30
Excerpt: ...rtainty is overruled. The demurrer is sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quiet title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Rebecca's motion to strike is granted with leave to amend. Plaintiffs are granted 30 days leave to amend. The court sets the OSC...
2024.04.29 Motion to Strike Punitive Damages 236
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.29
Excerpt: ...ing party to give notice. BACKGROUND On March 1, 2024, Troy Wiltshire (“Plaintiff”) filed a Complaint against Adam Charles Walker (“Defendant”) in relation to a motor vehicle accident that occurred on March 10, 2022, allegedly caused by Defendant driving under the influence. The Complaint alleges three causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Negligence Per Se. Defendant now moves to strike punitive damages ...
2024.04.29 Demurrer 828
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.29
Excerpt: ...ourt sets the OSC RE: Amended Complaint for June 7, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 1, 2024, Nicholas F. Sherman (“Plaintiff”) filed a Complaint against Ori Sultan (“Sultan”), AS Woodland Hills LLC (“AWH”) and Does 1 to 20. The Complaint alleges three causes of action: (1) Quiet Title, (2) Fraud, and (3) Recovery of Money Paid to Unlicensed Contractor. On January 23, 2024, Defendant AWH filed an unla...
2024.04.26 Motion for Summary Judgment, Adjudication 675
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.26
Excerpt: ...24 REPLY: 5 April 2024 TENTATIVE: Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendants to give notice. BACKGROUND This action arises out of the purchase by John O'Boyle (“Plaintiff”) of a 2019 Porsche 911 GT3 RS (“Subject Vehicle”) from Defendant, Motorcars West, LLC dba The Auto Gallery (“Dealer”). The Complaint alleges that on March 1, 2018, Plaintiff entered into a Delivery Posi...
2024.04.25 Demurrer, Motion to Strike FAC 276
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.25
Excerpt: ...tainty is overruled but sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quie t title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Joshua's motion to strike is denied as to Paragraphs 54, 63, 88, and Prayer of Punitive Damages, granted with leave to amend as Paragraph 101...
2024.04.24 Demurrer to FAC 257
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.24
Excerpt: ...n for unlawful retaliation (Lab. Code, § 1102.5) and second cause of action for breach of contract, and sustained without leave to amend as to the third cause of acti on for violation of the Peace Officer's Bill of Rights. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendant County to give notice. BACKGROUND On June 8, 2023, Donald Rubio (“Plaintiff”) filed a Compl...
2024.04.23 Demurrer to FAC 645
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.23
Excerpt: ...SING PARTY: Plaintiff Romex Textiles, Inc. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Demurrer to First Amended Compliant OPPOSITION: 12 April 2024 REPLY: 16 April 2024 TENTATIVE: Defendants' demurrer to the FAC is sustained with leave to amend. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND O n May 23, 2023, Romex Textiles, I...
2024.04.18 Demurrer to FAC 559
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.18
Excerpt: ...rer to the entire FAC as to Defendant Vargo is sustained with leave to amend. The demurrer to the fourth cause of action for civil theft is sustained with leave to amend and overruled as to the second cause of action for conversion. Plaintiffs are granted 30 days leave to amend. The court continues the Case Management Conference to, and sets the OSC RE: Amended Complaint for, May 30, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On A...
2024.04.12 Motion to Quash Service of Summons 626
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.12
Excerpt: ...: Defendants Markos Vivian and Asia Top City Ltd.'s Motion to Quash for Lack of Personal Jurisdiction is denied. Defendants Vivian and ATC are to file an Answer within 10 days. The Court continues the Case Management Conference to May 2, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On January 11, 2023, Zahem Al Zahem; the Estate of Subheyah Al Muqahwi by and through administrator Ahmad Yousif Alomani; Fahad Al Omani; Mossaffa LLC; Abd...
2024.04.12 Demurrer 818
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.12
Excerpt: ... Trust, dated March 19, 2016. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Demurrer to Cross -Complaint OPPOSITION: 29 March 2024 REPLY: 4 April 2024 TENTATIVE: Cross -Defendant Star Parking's demurrer to the first and second causes of action in the Cross- Complaint are sustained with leave to amend. Cross - Complaints are granted 30 days leave to amend. The court sets the OSC RE: Amended Cross-Complaint for May 16, 2 024, at 8:30 a.m. Mo...

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