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2023.09.29 Motion for Attorney Fees 150
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.29
Excerpt: ...18,424.62 is granted. BACKGROUND This action arises in connection with the employment of Paula Salvador (“Defendant”) by Gheorghe Firescu and Gabriela Firescu (“Plaintiffs”). Plaintiffs allege Defendant acted fraudulently in using an allegedly false identity, committed conversion, defamed Plaintiffs, and caused emotional distress to Plaintiffs. In their Complaint, Plaintiffs reference on several occasions the pending underlying litigation...
2023.09.28 Demurrers 927
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.28
Excerpt: ...REPLY: July 11, 2023 TENTATIVE: Defendant RCALA's demurrer is overruled. Defendant is to give notice. Background Allenco Energy, Inc. (“Plaintiff”) formerly operated a facility of oil and gas production in the University Park community of the City of Los Angeles pursuant to an assignment of leases with the Roman Catholic Archbishop of Los Angeles (“RCALA”), which owns the property. The facility consists of 21 oil and gas production wells....
2023.09.28 Demurrer, Motion to Strike 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.28
Excerpt: ...the 4AC is sustained without leave to amend as to the first through fourth causes of action and sustained with leave to amend as to the fifth through eighth causes of action. Defendant's Motion to strike is denied as moot. BACKGROUND This action arises out of the employment of VJ Hirsch (“Plaintiff”) with Defendant Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff alleges that LAUSD hired him in November 2003 and ...
2023.09.28 Motion to Vacate Dismissal 981
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.28
Excerpt: ...petition to release the mechanic lien placed on her property by Donald L. McDonald (“Respondent.”) After the respondent was served, default was entered against the Respondent on March 6, 2023, and an order voiding and canceling the mechanic lien was entered on May 2, 2023. Petitioner's counsel believed that upon entry of the May 2, 2023 Order, there was nothing left for the court to do. However, Petitioner asserts that the court in error set ...
2023.09.27 Motion to Compel Arbitration and Stay Action 198
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.27
Excerpt: ...onvalescent Hospital & Retirement Center, Inc.; 1100 South Alvarado Street, LLC; San Fernando Subacute Rehabilitation Center, LLC, RG Legacy I, LLC; Two Palms Skilled Care, LLC; and Sylmar Health & Rehabilitation Center, Inc. (collectively “Plaintiffs”) Defendants AK Development & Consulting, Inc.; Genstar Labs Management LLC; Sharpline Healthcare; Estrella “Star” Choy; and Avigdor Kessler (collectively “Genstar Defendants”). TRIAL DA...
2023.09.27 Demurrer, Motion to Strike 426
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.27
Excerpt: ...tained with leave to amend. Defendants' motion to strike is granted without leave to amend as to Paragraph 51, granted with leave to amend as to Paragraph 76, and denied as to Paragraphs 39, 62, and 76 in the Prayer for Relief. BACKGROUND On April 27, 2023, Plaintiff Steve Tyler filed a Complaint against Reid Bruton a/k/a Shawn Kravich as an individual and trustee of the SK2022 Trust dated February 16, 2022, Figure 8 Realty, Inc. (collectively �...
2023.08.30 Demurrer to FAP 553
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.30
Excerpt: ...e to amend. The First Amended Petition is dismissed with prejudice. Defendant to give notice. BACKGROUND On December 12, 2019, Petitioner Robert Garber (“Garber”) in pro per sought a writ of administrative mandate compelling Respondents County of Los Angeles (“County”) and Department of Social Services (“DSS”) to reinstate him to the CalFresh program and pay him monthly benefits withheld from January 2020 to October 2022. On March 9, ...
2023.08.28 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.28
Excerpt: ...aintiff's Fourth Amended Complaint is overruled. Defendant P.W. Gillibrand 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 alleged exposure to chemicals of Shawn Michael Dolmage (“...
2023.08.28 Demurrer to SAC, Motion to Strike 851
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.28
Excerpt: ... Defendant's motion to strike is denied as moot. This case is dismissed with prejudice. Defendant to give notice. BACKGROUND This action arises out of the representation of Joseph L. Shalant ("Plaintiff") by David H. Pierce ("Defendant") in the appeal of the underlying case of Joseph Shalant v. Robert Mackston, LASC SC116968 ("Mackston") in March 2020. The Mackston case was filed on May 8, 2012, and proceeded to a jury trial on October 29, 2019. ...
2023.08.25 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.25
Excerpt: ...s, Inc., formerly known as B.A.S. Recycling, Inc.'s (“HSB”) demurrer to the seventh cause of action is overruled. Defendant HSB's Motion to Strike is granted in part. The Court also denies HSB's request to strike the following: · Paragraph 92, lines 1-7 · Paragraph 94, lines 18-22 · Paragraph 112, lines 4-20 · Paragraph 113, lines 21-25 · Paragraph 405, lines 24-28 · Prayer for Relief, Paragraph 7, line 17 The court grants Defendant HSB...
2023.08.15 Demurrer 682
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.15
Excerpt: ...nal Basketball Association (“NBA”); Warner Brothers Studio; the Walt Disney Company; and American Broadcasting Company for Reparations. On January 11, 2023, Plaintiff filed a First Amended Complaint (“FAC”). May 8, 2023, Defendants the Walt Disney Company and American Broadcasting Company (“TWDC”) filed a demurrer to Plaintiff's FAC. On June 5, 2023, the demurrer was sustained with leave to amend. Plaintiff filed a Second Amended Comp...
2023.08.14 Demurrer 704
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.14
Excerpt: ...ut leave to amend. BACKGROUND On February 23, 2022, Plaintiff Arthur Lopez filed a Complaint against the California Department of Motor Vehicles and Steven Gordon. On March 28, 2023, the court granted Plaintiff leave to file a Second Amended Complaint (“SAC”). The SAC added new Defendants including the City of Newport Beach. The SAC alleges causes of action for: 1) Deprivation of Civil Rights, 42 U.S.C. §§ 1983 & 1985; 2) Violation of the A...
2023.08.09 Demurrer to SAC 682
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.09
Excerpt: ...r OPPOSITION: 27 July 2023 REPLY: 02 August 2023 RECOMMENDATION: Defendants' demurrer to the Second Amended Complaint is sustained without leave to amend. BACKGROUND On August 1, 2022, McKinley Michael Robinson (“Plaintiff ”) Ðiled a Complaint against Defendants National Basketball Association (“NBA”); Warner Brothers Studio; the Walt Disney Company; and American Broadcasting Company for Reparations. On January 11, 2023, Plaintiff Ðil...
2023.08.09 Motion to Tax Costs 151
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.09
Excerpt: ...12. Plaintiffs' request for attorney's fees is granted in the amount of $1,732.50. BACKGROUND This is a lemon law action arising out of the purchase by Cesar Blanco, on behalf of Three Stars Builders, Inc. (“Plaintiffs”) of a new 2014 Dodge Ram (the “Vehicle”) manufactured by Defendant, FCA US, LLC (“FCA”). Plaintiffs allege that the Vehicle was delivered with defects and nonconformities to warranty, including engine and electrical de...
2023.08.09 Motion for Orders for Sale of Debtor's Interest 680
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.09
Excerpt: ...SITION: None Ðiled REPLY: None Ðiled TENTATIVE: Defendants' Motion for Orders for Sale of Interest is granted. The court orders the sale of: 1) The 40% Membership interest of Wael H.H. Awad in IMP Energy Solutions LLC; and 2) 50% interest of Wael H.H. Awad in the partnership with Harry Nadjarian described in paragraph 31 and the Tenth Cause of Action of the Plaintiffs' Complaint. BACKGROUND This action arises in connection with the sale of Ca...
2023.08.08 Demurrer 885
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.08
Excerpt: ...tores LLC's Cross-Complaint is sustained. The court grants Plaintiff 20 days leave to amend, and schedules an Order to Show Cause Re: Amended Complaint for September 27, 2023, at 8:30 a.m. Cross- Defendant PRA to give notice. BACKGROUND This action rises out of an alleged trip and fall incident that occurred on or about March 1, 2021, at a commercial property located at 1746-1790 E. Main Street in El Cajon, CA (the “property”). Plaintiff Char...
2023.08.07 Motion for Judgment on the Pleadings 638
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.07
Excerpt: ...iff is granted 30 days leave to amend. The Court sets an Order to Show Cause Re: Amended Complaint for September 29, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On September 2, 2021, Plaintiff filed a Complaint against Defendant Franklin Burns and Does 1 to 50 for Negligence. On December 14, 2022, the parties stipulated to allow Plaintiff to file a First Amended Complaint to correct the Complaint by naming the true Defendant Franklin ...
2023.08.07 Demurrer, Motion to Strike 676
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.07
Excerpt: ...ond and third causes of action and overruled as to the first cause of action. The Motion to strike is denied. Defendants to give notice. BACKGROUND On April 14, 2023, Adamaris Wells, a minor through her Guardian Ad Litem as successor-in-interest for Decedent Charpail Tyler Walker (“Plaintiff”), filed a Complaint against Cliffside Malibu; Access Malibu, Inc.; Cliffside Malibu 1 (collectively “Defendants”) and Does 1 to 50 for: 1) Negligenc...
2023.08.04 Motion for Summary Judgment, Adjudication 339
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.04
Excerpt: ...for Summary Judgment is granted. BACKGROUND This action arises out of the employment of Desiree Mieure (“Plaintiff”) with the San Gabriel Unified School District (“Defendant” or “District”). Plaintiff alleges that Defendant employed her as a licensed Occupational Therapist. The operative First Amended Complaint alleges causes of action for Disability Discrimination and two counts of Whistleblower Retaliation. On October 31, 2023, Plai...
2023.08.03 Demurrers, Motion to Strike 882
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.03
Excerpt: ...7 July 2023 TENTATIVE: The demurrer to the second, fifth, and ninth causes of action is sustained without leave to amend. The demurrer to the sixth, seventh, and tenth causes of action is sustained with leave to amend. The demurrer to the third, fourth, and eighth causes of action is overruled. The Motion to strike is granted in part as to Paragraph 15 of the FAC as to the phrase “and attorneys' fees.” The request to strike paragraphs 2, 3,7,...
2023.08.03 Demurrer, Motion to Strike 390
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.03
Excerpt: ... lines 7 to 10 of the SAC and Exhibit 1 attached to the SAC with leave to amend. On the court's own motion, Paragraph 9(t) on page 5, lines 1 to 12, and the reference “22443.3” on Paragraph 20(f) at page 9 line 22 is stricken without leave to amend. BACKGROUND This is a dispute arising from the actions of Sonia I. Zaldivar (“Defendant”) as an Immigration Consultant in California. Immigrant Rights Defense Council, LLC. (“Plaintiff”) al...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 552
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.02
Excerpt: ... TENTATIVE: Defendants' Motion to Compel Arbitration and Stay Proceedings is granted. BACKGROUND On November 18, 2020, Irma Chavez Garcia (“Plaintiff”) filed a Complaint against Defendants Murtex Fiber Systems; Zephyr Industries, Inc.; Fairway Staffing Services; Sergio Gutierrez; and Does 1 to 20. The Complaint alleges fourteen causes of action for: 1) Discrimination; 2) Harassment; 3) Retaliation; 4) Failure to Prevent Discrimination; Harass...
2023.08.02 Demurrer to TAC 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.02
Excerpt: ...ntiffs agree to dismiss their first and fourth cause of action, and the second cause of action as against E&C. The demurrer to the third cause of action is sustained with leave to amend. BACKGROUND This is an action for breach of contract, fiduciary duty, and corporate dissolution arising out of investments made by Plaintiffs Yue Ma (“Ma”), Lihong Zhao (“Zhao”), Sunny West Coast Co. (“Sunny”), and Hua Ming Technology Co. (“HM Tech�...
2023.07.27 Motion for Sanctions for Spoliation of Evidence 390
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.27
Excerpt: ...ntiff's request for issue and evidence sanctions is denied. Plaintiff's request for monetary sanctions in the amount of $2,310, including the $60.00 in filing fees, is granted against Defendant Zalidvar. BACKGROUND On February 3, 2023, Immigrant Rights Defense Council LLC (“Plaintiff”) filed a Complaint against Defendant Sonia I. Zaldivar (“Defendant”) and Does 1 to 100. The Second Amended Complaint (“SAC”) alleges a single cause of a...
2023.07.26 Motion to Transfer Venue 901
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.26
Excerpt: ...TENTATIVE: Defendants' Motion to Transfer Venue is denied. BACKGROUND On January 13, 2023, Plaintiffs, twenty-five tenants of the residential property located at 473-563 River Road, Corona, California 92877 (the “Subject Property”) brought an action against Venkata R. Donthineni, Parvathi Donthineni, and SD Properties 301 LLC (collectively “Defendants”) and Does 1 to 100. The operative Complaint alleges five causes of action: 1) Violation...

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