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2023.11.14 Demurrer 869
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.14
Excerpt: ...er and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Brian Weiner and Excel Global Family Office, Inc. to give notice. REASONING Defendants Brian Weiner and Excel Global Family Office, Inc. (“Defendants”) demur to each of the six causes of action set forth in Plaintiff Arden Silverman dba Capital Ass...
2023.11.08 Motion for Summary Judgment 144
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.08
Excerpt: ...aims against Defendant Albert Lai, M.D. Defendants The Regents of the University of California, Andrew Hudson, M.D., Linda Liau, M.D., and Albert Lai, M.D. to give notice. REASONING Defendants The Regents of the University of California, Andrew Hudson, M.D., Linda Liau, M.D., and Albert Lai, M.D. move the Court for an order granting summary judgment in their favor and against Plaintiff Richard Zajac (“Plaintiff”). First, the Court notes that ...
2023.11.07 Motion to Consolidate Actions 605
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.07
Excerpt: ...ith Case No. 23SMCV01485 (Fortino Olivera Mendez v. Los Angeles County Metropolitan Transportation Authority) serving as the lead case. All future filings shall be made in Case No. 23SMCV01485 (Fortino Olivera Mendez v. Los Angeles County Metropolitan Transportation Authority). Defendant Los Angeles County Metropolitan Transportation Authority to give notice. REASONING The trial court has discretion to consolidate actions involving common questio...
2023.11.07 Demurrer to TAC 654
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.07
Excerpt: ...urt, rule 3.1320(j).) Cross-Defendant Guardian Industries, LLC to give notice. REASONING Request for Judicial Notice Cross-Complainant/Cross-Defendant Glassfab Tempering Service, Inc. (“Glassfab”) requests judicial notice of Plaintiff CLPF-8777 Washington, L.P. (“Plaintiff”)'s complaint, Defendant/Cross-Complainant Walters & Wolf Glass Company's cross-complaint, and the Court's order dated June 16, 2023. While the Court need not take judi...
2023.11.03 Motion for Leave to File FACC 673
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.03
Excerpt: ...).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are no...
2023.11.03 Motion for Leave to File FACC 049
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.03
Excerpt: ...).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are no...
2023.11.01 Motion to Strike 531
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.01
Excerpt: ...d permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Guven Uzun to give notice. REASONING Defendant Guven Uzun (“Defendant”) moves the Court for an order striking the portions of Plaintiff Casper Glenn (“Plaintiff”)'s complaint seeking civil penalties against Defendant on the ground that Plaintiff has not complied with the pre-filing notice and exhaustion requirements of the California Pri...
2023.11.01 Motion to Consolidate Cases 299
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.01
Excerpt: ...ly in the proof of issues common to both actions.” (Estate of Baker (1982) 131 Cal.App.3d 471, 485.) In deciding whether to consolidate actions, the Court generally considers the following factors: (1) timeliness of the motion, i.e., whether granting consolidation would delay the trial of any of the cases involved; (2) complexity, i.e., whether joining the actions involved would make the trial too confusing or complex for a jury; and (3) prejud...
2023.10.31 Motion to Dismiss FAC 450
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.31
Excerpt: ... Plaintiff J&C Global Holdings, Inc. shall file evidence that it is an active corporation in good standing within thirty (30) days of entry of this order, or Plaintiff's complaint will be dismissed, and its default will be entered as to Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC dba HB Securities, LLC, NMS Capital Group, LLC, and BDMGMT Partners, LLC's cross-complaint. Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC d...
2023.10.31 Motion for Terminating Sanctions, for Monetary Sanctions 142
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.31
Excerpt: ...r as Plaintiff also seeks monetary sanctions, the request is DENIED. Plaintiff Benjamin Avi Harris to give notice. REASONING Plaintiff Benjamin Avi Harris (“Plaintiff”) moves the Court for terminating sanctions again Defendant Arash Jahromi (“Defendant”) based on Defendant's failure to comply with his discovery obligations by failing to provide further discovery responses after a court order to do so and failure to appear for his depositi...
2023.10.27 Motion for Judgment on the Pleadings, to Strike, for Summary Judgment, Adjudication 621
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.27
Excerpt: ... Summary Adjudication of Plaintiffs' First through Tenth Causes of Action is DENIED. Defendant Timothy Haldeman to give notice. REASONING Defendant Timothy Haldeman's Motion for Judgment on the Pleadings as to Plaintiff's Ninth Cause of Action for Elder Financial Abuse Defendant Timothy Haldeman (“Defendant”) moves for judgment on the pleadings as to the ninth cause of action in Plaintiffs Martha Kaplan, Steve Algert, and Cameron Brown (“Pl...
2023.10.26 Motion to Compel Responses 252
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.26
Excerpt: ...or Monetary Sanctions in the Amount of $840.00 (5) Motion to Compel Plaintiff John Tebbens' Responses to Request for Production of Documents and Things, Set Two and Request for Monetary Sanctions in the Amount of $840.00 Against Plaintiff John Tebbens (6) Motion to Compel Plaintiff, John Tebbens to Respond to Special Interrogatories, Set One, and Request for Monetary Sanctions Against Plaintiff, John Tebbens, in the Amount of $480 for His Misuse ...
2023.10.25 Demurrer to FAC 327
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.25
Excerpt: ...�� (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of th...
2023.10.20 Special Motion to Strike 647
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.20
Excerpt: ...ts”), Jessica Luchenta (“Luchenta”), and Robert Weiler (“Weiler”) (collectively “the UC Defendants”) specially move to strike every cause of action in Plaintiff Jordanne Ho-Shue (“Plaintiff”)'s complaint pursuant to Code of Civil Procedure section 425.16 on the ground that Plaintiff's claims arise out of the UC Defendants' exercise of the right to free speech and petition in connection with a public issue, and because it is unli...
2023.10.20 Motion to Enforce Deposition Subpoena and Compel Deposition 331
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.20
Excerpt: ...change of the Automobile Club to give notice. REASONING Insurance Code section 11580.2, subdivision (f), provides that disputes regarding the amount payable under underinsured motorist coverage are to be resolved by arbitration. The statute further states: The arbitration shall be deemed to be a proceeding and the hearing before the arbitrator shall be deemed to be the trial of an issue therein for purposes of issuance of a subpoena by an attorne...
2023.10.19 Motion to Compel Binding Arbitration 019
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.19
Excerpt: ...ung (“Plaintiff”) to submit to arbitration on the ground that Plaintiff entered into a Retail Installment Sales Contract, wherein she agreed to arbitrate all claims relating to the condition of the 2021 Toyota Mirai at issue in this action. Defendant argues that the contract includes a valid arbitration provision, equitable estoppel prevents Plaintiff from avoiding this provision where her claims are intimately founded in and intertwined with...
2023.10.19 Motion for Summary Judgment 364
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.19
Excerpt: ...ated to the ice packs and wound care provided to Plaintiff by Defendant was, to a reasonable degree of medical probability, appropriate and within the applicable standard of care in the community, and no negligent act or omission by Defendant was the cause of, or a substantial factor in causing, Plaintiff's alleged injuries. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanis...
2023.10.18 Motion for Judgment on the Pleadings, for Leave to File SAC 330
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.18
Excerpt: ...otice of the Resolution of the Board of Directors of California Massage Therapy Council, adopted on September 6, 2017. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants move for judgment on the pleadings as to Plaintiff Jeffrey Laham (“Plaintiff”)'s single cause of action for general negligence on the ground the claim is barred by the statute of limitations set forth in Code of Civil Pr...
2023.10.17 Motion to Compel Responses, for Monetary Sanctions 688
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.17
Excerpt: ...any and defense counsel to Plaintiff David Katzoff and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff David Katzoff's Motion to Compel Responses to Special Interrogatories, Set Two is GRANTED. Defendant Michael Shair Kamrany shall provide code compliant responses to Plaintiff David Katzoff's Special Interrogatories, Set Two, within thirty (30) days of entry of this order. Plaintiff David Katzoff's Request for Moneta...
2023.10.17 Demurrer 155
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.17
Excerpt: ...s-complaint in Los Angeles Superior Court Case No. 20STCV02913 (Carter v. Zuma Partners), the cross-complaint in that action, and the complaint in the present action. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Defendant also requests judicial notice of the proof of service for the cross-complaint in Case No. 20STCV02913 and the proof of service for the complaint in the present action. Defendant's reques...
2023.10.11 Demurrer, Motion to Strike 025
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.11
Excerpt: ...equests judicial notice of the Statement of Information for Samsung C&T America, Inc., filed with the California Secretary of State on April 19, 2023. Samsung's request is GRANTED, pursuant to Evidence Code section 452, subdivision (h). Defendant/Cross-Complainant Mycotoo, Inc. (“Mycotoo”) requests judicial notice of Plaintiff Ashton Kennedy, a minor, by his Guardian ad Litem, Robert Kennedy (“Plaintiff”)'s complaint in this action, Mycot...
2023.10.06 Motion to Strike 528
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.06
Excerpt: ...st Amended Cross-Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Plaintiff/Cross-Defendant Law Office of Fari Bari Nejadpour and Cross-Defendants Fari Bari Nejadpour, LA Law, Inc., Law Offices of LA Law Inc. APC, and Nejadpour & Associates to give notice. REASONING The court may, upon motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper ma...
2023.10.06 Motion to Disqualify 608
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.06
Excerpt: ...on of Alaian R'bibo, filed in support of Plaintiff Julia Hakim (“Julia”)'s opposition to this same motion on August 18, 2023. Michael's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendant Michael Hakim and Plaintiff/Cross-Defendant Papillones, LLC move the Court for an order disqualifying Defendant Julia Hakim and Defendant/Cross-Complainant Said Hakim (“Said”)'s counsel Allen Matkins Leck Gamble ...
2023.10.05 Demurrer 531
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.05
Excerpt: ...ns Notice dated April 1, 2023. While the document provided is merely a summary of certain provisions, Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (h). Analysis “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from ma...
2023.10.04 Motion for Leave to File SAC 254
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.04
Excerpt: ...all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plaintiff's c...

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