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2024.01.05 Motion to Compel Arbitration 662
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.05
Excerpt: ...rnando Subacute Rehabilitation Center, LLC; and Sylmar Health & Rehabilitation Center, Inc. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Motion to Compel Arbitration OPPOSITION: 7 December 2023 REPLY: 13 December 2023 TENTATIVE: Defendants' Motion to Compel Arbitration and Stay the Action is granted. The court sets an OSC Re: Status of Arbitration for January 6, 2025, at 8:30 a.m. Defendants to give notice. BACKGROUND On August 29, 2023, ...
2024.01.05 Demurrer to SAC 763
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.05
Excerpt: ...ourt sets an OSC Re: Answer for January 31, 2024, at 8:30 a.m. The Case Management Conference is also continued to January 31, 2024, at 8:30 a.m. BACKGROUND On November 14, 2022, Eyad Wahby (“Plaintiff”) filed a Complaint against Downtime Prime, LLC (“Defendant”) and Does 1 to 20. This action arises out of a dispute between Plaintiff as tenant, and Defendant as the owner, of property located at 555 S. San Pedro St., Los Angeles, CA 90021 ...
2024.01.04 Motion to Strike 464
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.04
Excerpt: ...find licensed counsel. The court sets an OSC re Defendant's Counsel for February 9, 2024, at 8:30 a.m. BACKGROUND On June 13, 2023, Paul Dodds (“Plaintiff”) filed a Complaint against Aquaco Resources, Inc. (“Aquaco”); Patrick R. McEntee (“McEntee”); and Does 1 to 100. The Complaint alleges two causes of action: (1) Breach of Contract; and (2) Conversion. On September 26, 2023, Defendant McEntee, in pro per, filed a Response to Lawsuit...
2024.01.04 Motion to Quash Service of Summons and Complaint 689
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.04
Excerpt: ...t's Motion to Quash Service of Summons and Complaint is granted. Plaintiffs are given 30 days to file a new proof of service. BACKGROUND On October 3, 2022, Sergio Camacho, Philip Saada, Esther Cohen on behalf of and as Administrator for The Estate of Jack Cohen, Ralph Cohen, on behalf of and as a Representative of the Estate of Jack Cohen, and Tower 26, Inc. (collectively “Plaintiffs”) filed a Complaint against William Sydney “Trey” Prev...
2023.12.22 Motion to Compel Arbitration 167
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.22
Excerpt: ... Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Code § 12940(k); (4) Failure to Provide Reasonable Accommodation in Violation of Gov. Code §§ 12940 et se...
2023.12.21 Demurrer 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.21
Excerpt: ...TIVE: Defendants Hweisan Liu and E&C Logistics' demurrer to Plaintiffs' Fourth Amended Complaint is sustained without leave to amend as to the third cause of action and sustained with leave to amend as the fourth and fifth causes of action. Plaintiffs are given 20 days leave to amend the fourth and fifth causes of action. An OSC re Amended Complaint is set for __ at 8:30 a.m. BACKGROUND This is a breach of contract, fiduciary duty, and corporate ...
2023.12.20 Motion for Summary Judgment, Adjudication 612
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.20
Excerpt: ...POSITION: 25 October 2023 REPLY: 1 November 2023 TENTATIVE: Defendant Fire's Motion for Summary Judgment is denied. Defendant Fire's Motion for Summary Adjudication is granted as to the second cause of action for Fraudulent Misrepresentation, fourth cause of action for Promissory Estoppel, fifth cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing, sixth cause of action for Fraud and Deceit, seventh cause of action fo...
2023.12.15 Motion for Summary Judgment 957
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.15
Excerpt: ...s granted. BACKGROUND On March 1, 2021, Karen Majovski (“Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant”). The operative First Amended Complaint (“FAC”) alleges seven causes of action: (1) Discrimination based on Gender or Sex in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Associational Discrimination based on Gender or Sex; (3) Retaliation for Engaging in Protective Activity in Violat...
2023.12.15 Demurrer 435
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.15
Excerpt: ...TENTATIVE: Cross-Defendants' demurrer is sustained with leave to amend. Cross- Complainants are granted 30 days to amend Cross-Complaint. Defendants to give notice. BACKGROUND On July 3, 2023, Infinity Medical Alliance, Inc. (“Plaintiff” or “IMA”) filed a Complaint against A&G Management Services, Inc. (“A&G”); Aram Sharnazyan (“Sharnazyan”); and Does 1 to 50. The Complaint alleges four causes of action: (1) Breach of Contract, (2...
2023.12.14 Special Motion to Strike FAC 235
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.14
Excerpt: ...t Amended Complaint Pursuant to CCP § 425.16 OPPOSITION: 20 October 2023 REPLY: 25 October 2023 TENTATIVE: Moving Defendants' special motion to strike is granted. Plaintiff's request for attorney's fees is denied. Moving Defendants' request for attorney's fees as the prevailing party shall be decided by separate motion. Court sets OSC re Why Action Should Not Be Dismissed for December 22, 2023. PROCEEDING: Demurrer to FAC with Motion to Strike O...
2023.12.13 Motion to Tax Costs 479
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.13
Excerpt: ...endants' Motion to Tax Costs is denied. BACKGROUND This action arises from Anthony Guytan's (“Plaintiff”) employment with Swift Transportation from 2015 to 2016. The Complaint alleges that during his employment, Plaintiff engaged in activities protected under the public policies, regulations, and laws of the State of California and that as a result of Plaintiff's protected activity and complaints, Swift Transportation launched into a retaliat...
2023.12.13 Demurrer, Motion to Strike 472 (2)
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.13
Excerpt: ...fault against Defendant Newell is denied. BACKGROUND Self-represented Plaintiff Carl Gordon (“Gordon”) alleged his former attorney Defendant Felton Thomas Newell Jr. (“Newell”) and his law firm, The Newell Law Firm (“Newell Firm”) committed malpractice in representing Plaintiff giving rise to multiple causes of action. On November 21, 2019, Plaintiff filed his Complaint which alleged six causes of action against Defendant: (1) legal m...
2023.12.08 Motion to Compel Arbitration 167
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.08
Excerpt: ...t prejudice. BACKGROUND On April 3, 2023, Jose Diaz Bustamante (“Plaintiff”) filed a Complaint against Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Co...
2023.12.07 Motion for Judgment on the Pleadings 034
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.07
Excerpt: ...d. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On September 29, 2023, the Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. Defendant filed a reply on November 30, 2023. The matter is now before the court. MO...
2023.12.06 Motion for Summary Judgment, Adjudication 656
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.06
Excerpt: ...IVE: Defendants' Motion for Summary Judgment is denied. The court grants summary adjudication as to the first cause of action for Breach of Contract, and denies summary adjudication as to the second cause of action for Negligent Interference with Prospective Economic Advantage. BACKGROUND On August 1, 2023, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Veits; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1...
2023.12.06 Motion for Summary Judgment, Adjudication 032
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.06
Excerpt: ...ion for Summary Judgment is denied. Defendant AIX's Motion for Summary Adjudication of the second cause of action and claim for punitive damages is also denied. BACKGROUND On September 30, 2021, Seven Lions, Inc. (“Plaintiff”) filed a Complaint against Morris Kamkar dba Kamkar Insurance Agency (“Kamkar”); USG Insurance Services, Inc. (“USG”); AIX Specialty Insurance Company (“AIX”); and Does 1 to 20. The operative Complaint allege...
2023.11.30 Motion to Compel Arbitration 754
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.30
Excerpt: ...PP. REPLY: 21 November 2023 TENTATIVE: Defendants' Motion to Compel Arbitration is granted. BACKGROUND This action arises out the employment of Moin Rastegar (“Plaintiff”) with Defendants, Young's Market Company, LLC. (“YMC”) and Republic National Distributing Company, LLC (“RNDC”) (collectively “Defendants”). YMC hired Plaintiff in 2008 as an Account Manager for the Pasadena territory and promoted him to House Account Specialist ...
2023.11.29 Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.29
Excerpt: ...librand Co. Inc.'s Motion to Strike is granted in part. Defendant's P.W. Gillibrand Co. Inc.'s request to strike Paragraphs 94, 113, and 345 and Paragraph 7 in the Prayer for Relief is denied and granted as Paragraphs 76, 92, 111, 343, 427, and Paragraph 1 in the Prayer for Relief. BACKGROUND This action arises out of the employment of Shawn Michael Dolmage's (“Plaintiff”) as a synthetic turf installer for Beyond the Turf, Inc. (“Beyond”)...
2023.11.29 Demurrer to SAC 429
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.29
Excerpt: ...stained without leave to amend and overruled as to the first, second, and third causes of action in the Second Amended Complaint. BACKGROUND This action arises out of the employment of Douglas Smith (“Plaintiff”) with Burbank Unified School District (“Defendant”). Defendant employed Plaintiff who worked as a teacher since August 1, 1992. Defendant terminated his employment on May 27, 2022. According to the original Complaint, Plaintiff al...
2023.11.28 Motion to Disqualify Counsel 363
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.28
Excerpt: ...oss-Defendants' Motion to Disqualify Counsel is denied. BACKGROUND This is an action arising out of the formation of a California entity, Plaintiff Boyle Flats Food and Beverage, Inc dba Purgatory Pizza (“BFFB”), by Plaintiff Tad Yenawine (“Yenawine”) and Defendant Alex Koons (“Koons”). BFFB is a restaurant business operated by Plaintiff and Defendant. The Complaint alleges Defendant took monies from Plaintiff BFFB's bank accounts for...
2023.11.28 Demurrer to FACC 510
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.28
Excerpt: ...urrer to the FACC is overruled as to the first and second causes of action and sustained with leave to amend as to the third cause of action. Defendant/Cross-Complainant Braden is given 30 days leave to amend. The court sets an OSC Re: Amended Complaint for January 9, 2024, at 8:30 a.m. BakeMark to give notice. BACKGROUND On January 10, 2023, BakeMark USA, LLC (“BakeMark”) and BMark Investment Holdings, L.P.(“BMark”) (collectively “Plai...
2023.11.22 Demurrer 792
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.22
Excerpt: ...mend. The Case Management Conference is taken off calendar. The complaint is dismissed with prejudice. Defendant is to give notice. BACKGROUND On June 15, 2023, Florinda Barrientos Godoy (“Plaintiff”), in pro per, filed a Complaint against Sedwick Claims Management Services; TD Ameritrade; Laughlin, Falbo, Levy & Moresi LLP and Diefer Law Group PC. On September 12, 2023, Defendant Diefer Law Group (“Diefer”), PC filed a demurrer to Plaint...
2023.11.21 Demurrer 758
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.21
Excerpt: ... court sets an OSC Re: Amended Complaint for January 3, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On July 18, 2023, Anne Heiting (“Plaintiff”) filed a Complaint against Vitamin Shoppe Industries, LLC (“Defendant”) and Does 1 to 25. The operative First Amended Complaint (“FAC”) alleges single causes of action for Violation of the California Invasion of Privacy Act (Cal. Pen. Code § 613(a).) On September 28, 2023, Defenda...
2023.11.17 Motion for Summary Judgment, Adjudication 656
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.17
Excerpt: ...r Summary Judgment is granted. BACKGROUND On August 1, 2022, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Vets; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1 to 10. The operative Complaint alleges two causes of action: (1) Breach of Contract, and (2) Negligent Interference with Prospective Economic Advantage. On January 31, 2023, Plaintiff dismissed John Condon as a defendant. On August 31, 2023, Nancy ...
2023.11.17 Demurrer, Motion to Strike 983
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.17
Excerpt: ...' motion to strike is granted with leave to amend. BACKGROUND On April 24, 2023, Asharaf Youssef (“Plaintiff”) filed a Complaint against Kevin Y. Kanooni and K.P. Roberts & Associates (collectively “Defendants”) and Does 1 to 20. Plaintiff filed a First Amended Complaint on June 16, 2023. By the parties' stipulation, Plaintiff filed the operative Second Amended Complaint (“SAC”) on July 18, 2023. The SAC alleges three causes of action...

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