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2023.10.03 Motion for Dismissal of Matter 128
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.03
Excerpt: ...laint in Los Angeles Superior Court Case No. 23SMUD01004, and the unlawful detainer stipulated judgment from the same action. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants Danyel Benhaghnazar and Stella Yaghoubzadeh (“Defendants”) move the Court for an order dismissing this action on the ground that this action was settled. Defendants point to a stipulated judgment entered in “the...
2023.10.03 Motion to Vacate Judgment on Sister State Judgment 079
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.10.03
Excerpt: ..., and the full case docket from the same action. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Code of Civil Procedure section 1710.40, subdivisions (a) and (b), allows a judgment debtor to make a noticed motion to vacate the entry of judgment on a sister state judgment “on any ground which would be a defense to an action in this state on the sister state judgment” no less than 30 days after s...
2023.09.29 Motion to Bifurcate and Try First Issues of Statute of Limitation Before All Other Issues 521
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.29
Excerpt: ...r an order bifurcating the issues of the applicable statutes of limitation before trying the issues of liability or damages. In the Court's July 28, 2023, ruling denying Defendants' motion for summary judgment, the Court stated that the issue of tolling based on purported fraud was a matter for the trier of fact to determine. (Order dated July 28, 2023, at p. 4.) Defendants argue that severance of a statute of limitations defense is mandatory pur...
2023.09.20 Motion for Attorney Fees 852
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.20
Excerpt: ...(“Defendant”) on the ground that Plaintiff is entitled to attorney fees pursuant to Penal Code section 496, subdivision (c), because the jury found Defendant liable to Plaintiff for theft by false pretenses. Defendant has not filed an opposition to the motion. Penal Code section 496, subdivision (c), provides that “[a]ny person who has been injured by a violation of subdivision (a) or (b),” the statutory provisions making theft unlawful, ...
2023.09.19 Motion for Unsealing of Docs 084
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.19
Excerpt: ...competent and lacked capacity and provided detailed information to support such statements, and the motion was sealed. Shannon now seeks to use this information, which may include references to medical records and reports, in a pending trust action wherein Shannon contends Decedent was under undue influence or lacked capacity when the testamentary documents were executed. (Mot., Martin Decl. ¶¶ 2, 10, 14.) Defendant Josette LeRoy (“LeRoy”),...
2023.09.19 Motion for Leave to File TAC 166
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.19
Excerpt: ...d 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 claim is clear, but under substantive law, no liability exis...
2023.09.19 Motion for Judgment on the Pleadings, to Strike 635
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.19
Excerpt: ...e 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 Butler Cabana LLC to give notice. REASONING Defendant Butler Cabana LLC (“Defendant”) moves for judgment on the pleadings as to Plaintiffs Alan Roberts and Lauren Roberts (“Plaintiffs”)'s third cause of action for nuisance, fifth cause of action for breach of contrac...
2023.09.15 Motion for Leave to File SAC 330
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.15
Excerpt: ...e 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 claim is clear, but under substantive law, no liability exists and no amendment would change the resu...
2023.09.13 Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attorney Fees 188
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.13
Excerpt: ...gainst Cross-Defendant/Cross- Complainant Old Republic Surety Company in connection with Contractor's License Bond, Bond No. GCL5934911 discharged. Upon the deposit of $13,250, the Court awards Cross-Defendant/Cross-Complainant Old Republic Surety Company reasonable attorney fees and expenses in the sum of $1,750 as allowance for costs and expenses incurred in this proceeding. Cross-Defendant/Cross-Complainant Old Republic Surety Company to give ...
2023.09.13 Motion to Compel Physical Inspection 169
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.13
Excerpt: ... Davidson Hotel Company LLC to give notice. REASONING Code of Civil Procedure section 2032.310, subdivision (a), provides that “[i]f any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” “A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, sc...
2023.09.12 Motion to Compel Compliance with Deposition Subpoena, for Monetary Sanctions 275
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.12
Excerpt: ...ion Subpoena for Production of Business Records within thirty (30) days of entry of this order. Plaintiff's Request for an Award of Attorney's Fees and Costs is DENIED. Plaintiff The Folb Partnership, GP to give notice. REASONING A party may obtain discovery pursuant to a deposition subpoena that commands the production of business records for copying. (Code Civ. Proc., §§ 2020.010, subd. (a)(1), 2020.410.) If a nonparty disobeys a deposition s...
2023.09.08 Motion to Compel Deposition of PMK, for Sanctions 528
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.08
Excerpt: ...to only those topics stated in Category Nos. 1 to 5, 9, 14, and 16. In all other respects, Plaintiffs' motion is DENIED. Plaintiffs Sean Towns and Kesia Carter to give notice. REASONING Plaintiffs Sean Towns and Kesia Carter (“Plaintiffs”) move the Court for an order compelling Defendant General Motors LLC (“Defendant”)'s Person Most Knowledgeable (“PMK”) to appears for deposition. Plaintiffs represent that they served a notice of dep...
2023.09.07 Motion for Protective Order 385
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.07
Excerpt: ...position is requested, Plaintiff requests that the deposition be taken by remote appearance. Defendant Richard Thurman (“Defendant”) opposes the motion on the ground that Plaintiff has no physical limitations, and Defendant has offered and will be providing accommodations. Plaintiff also takes issue with Defendant's presence at Plaintiff's deposition. “Before, during, or after a deposition, any party, any deponent, or any other affected nat...
2023.09.07 Motion to Enforce Settlement 307
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.07
Excerpt: ...man (“Defendant”), which provides that Defendant is to pay Plaintiff $50,000 in full, at no less than $1,000 per month. (See Pl.'s Ex Parte Application dated Aug. 3, 2023, Ex. A.) Defendant opposes the motion on the ground that the parties' agreement required the parties to execute a long form agreement, and Defendant has not signed such an agreement due to disputing several points with the agreement. “If parties to pending litigation stipu...
2023.09.07 Motion for Summary Judgment 102
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.09.07
Excerpt: ...ed by the parties to date. Request for Judicial Notice Plaintiff requests judicial notice of (1) a Notice of Default against Defendants, (2) a Deed of Trust as to the property at 2959 North Beverly Glen Circle, (3) a Notice of Trustee's Sale in Plaintiff's favor, and (4) a Trustee's Deed Upon Sale, transferring title to the property in Plaintiff's favor. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (h). Plaint...
2023.08.25 Motions to Compel Initial Responses 578
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.25
Excerpt: ... Group APC shall provide code compliant responses to Plaintiff Veritext LLC's Request for Production of Documents – Set One within thirty (30) days of entry of this order. Plaintiff Veritext LLC's Motion to Compel Defendant's, Sittler Law Group APC, Responses to Form Interrogatories is GRANTED. Defendant Sittler Law Group APC shall provide code compliant responses to Plaintiff Veritext LLC's Form Interrogatories within thirty (30) days of entry...
2023.08.25 Motion for Preliminary Injunction 950
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.25
Excerpt: ...nsurance coverage, but he later learned that no easement existed, Defendants were aware of this fact at the time of the sale, and Defendants failed to disclose this to Plaintiff. FAC [04-24-2023]: (1) breach of contract, (2) breach of fiduciary duty, (3) fraud and deceit, (4) negligent misrepresentation, (5) negligence. Defendant William S. Jensen bring a cross-complaint against First American Title Company for breach of contract and indemnity fo...
2023.08.24 Motion for Summary Judgment, Adjudication 831
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.24
Excerpt: ...st Account. Plaintiff alleges that Shapiro disbursed $258,900 from the Trust Account to a third party without a court order and without Plaintiff's consent or knowledge. With additional funds in the Trust Account that did not belong to Plaintiff, and deducting spousal support payments authorized by Plaintiff, as well as $512,847.70 which was later delivered from the Trust Account, there remains the sum of $256,780.53 which is allegedly missing. C...
2023.08.23 Petition to Confirm Arbitration Award 302
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.23
Excerpt: ...er Allan Law Group P.C. shall prepare, serve, and submit a proposed judgment as per statute. Petitioner Allan Law Group P.C. to give notice. Evidentiary Objections Respondents reject to two exhibits to Petitioner's petition. The subject exhibits were not material to the Court's ruling herein; thus, the Court declines to rule on Respondents' objections. DISCUSSION “Any party to an arbitration in which an award has been made may petition the cour...
2023.08.23 Motion to Compel Deposition 351
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.23
Excerpt: ...ty, where they attacked Plaintiff, knocking her down and fracturing her left hip. TENTATIVE RULING Plaintiff Marcia Rosenthal's Motion to Compel the Deposition of Parham Sage is GRANTED. The deposition must take place within thirty (30) days of this order. Plaintiff Marcia Rosenthal's Request for Monetary Sanctions is DENIED. Plaintiff Marcia Rosenthal to give notice. DISCUSSION Plaintiff Marcia Rosenthal (“Plaintiff”) moves the Court for an ...
2023.08.22 Motion for Judgment on the Pleadings 144
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.22
Excerpt: ...d into an agreement with Defendants Collision Craft, Inc. and Richard Jay Rogers for Defendants to lease the premises for five years plus an option pursuant to a written agreement, with a rental amount of $24,270, and on January 24, 2019, the parties entered into a written Second Addendum to the lease for another 60-month term with annual rent increases each July 1. Plaintiff served a 3-day notice to pay rent or quit and 3- and 10-day notices to ...
2023.08.22 Demurrer 805
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.22
Excerpt: ...le Plaintiff protested, Defendants continued the procedure, causing Plaintiff emotional distress. Plaintiff alleges she withdrew consent when screaming in pain, and she lives in fear after the surgery. Complaint: (1) medical battery, (2) intentional infliction of emotional distress. TENTATIVE RULING Defendants Sono Bello and Debra Stafford, M.D.'s Demurrer to Plaintiff's Complaint is SUSTAINED, with thirty (30) days leave to amend. Plaintiff Thom...
2023.08.21 Motion to Compel Arbitration 100
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.21
Excerpt: ...mplaint: (1) violation of Song-Beverly Act – breach of express warranty, (2) fraudulent inducement – intentional misrepresentation, (3) fraudulent inducement – concealment. This Motion: Defendant Nissan North America, Inc.'s Motion to Compel Arbitration and Stay Proceedings is DENIED. TENTATIVE ORDER Defendant Nissan North America, Inc.'s Motion to Compel Arbitration and Stay Proceedings is DENIED. Defendant Nissan North America, Inc. to gi...
2023.08.21 Motion for Judgment on the Pleadings 144
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.21
Excerpt: ...d into an agreement with Defendants Collision Craft, Inc. and Richard Jay Rogers for Defendants to lease the premises for five years plus an option pursuant to a written agreement, with a rental amount of $24,270, and on January 24, 2019, the parties entered into a written Second Addendum to the lease for another 60-month term with annual rent increases each July 1. Plaintiff served a 3-day notice to pay rent or quit and 3- and 10-day notices to ...
2023.08.03 Motion to Compel Responses, for Monetary Sanctions 999
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.03
Excerpt: ... party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subds. (b), (c).) Failure to timely respond waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party's failure to serve a timely r...

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