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2023.06;30 Motion for Leave to Conduct Psychiatric Exam, for Mental Health Records 830
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06;30
Excerpt: ...ulevard, Suite 1929, Encino, California 91436. The examination shall comply with the perameters set forth in Defendants' Amended Demand for Psychiatric Examination of Plaintiff Maria Moreno filed with the Court on June 9, 2023. Defendants Centaurus Management Company, LLC; Henry Ixamparic; and Miguel Martinez's Motion for Order for Mental Health Records [as to Perry Maloff, M.D.] is taken off calendar. Defendants Centaurus Management Company, LLC...
2023.08.03 Motion for Summary Adjudication 419
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.03
Excerpt: ... fifth cause of action for reckless and intentional infliction of emotional distress. Defendant Leslie Memsic, M.D. to give notice. REASONING Defendant Leslie Memsic, M.D. (“Defendant”) moves for summary adjudication of Plaintiff Deborah Davis' second cause of action for battery and fourth cause of action for defamation and Plaintiffs Deborah Davis and Richard Davis (“Plaintiff”)'s third cause of action for fraud and fifth cause of action...
2023.08.03 Demurrer to FAC 099
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.03
Excerpt: ...ty or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Malibu Dream Resort, LLC to give notice. REASONING Request for Judicial Notice Defendant Malibu Dream Resort, LLC (“Defendant”) requests judicial notice of a printout of search results from the City of Malibu operated map service and a printout of Google Maps showing Defendant's property location. ...
2023.08.03 Demurrer, Motion to Strike 261
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.08.03
Excerpt: ...ew 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 Radhika Vattikonda to give notice. REASONING “[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...
2023.07.19 Motion for Summary Judgment, Adjudication 521
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.19
Excerpt: ...quest for Judicial Notice Plaintiff Xander Mozejewski (“Plaintiff”) requests judicial notice of the following facts: (1) Defendant Nicholas Terrafranca was issued a medical license by the State of California on June 18, 1986, and said license expired on June 30, 2003; (2) according to the UCLA “Graduate Programs in Bioscience” website, Defendant V. Reggie Edgerton is not a medical doctor but has received his Ph.D. in Exercise Physiology f...
2023.07.14 Motion to Dismiss Action on Grounds of Forum Non Conveniens, Demurrer 025
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.14
Excerpt: ... Civil Transactions Law of the United Arab Emirates, Chapter Three, Section I, Article 298 and January 2, 2023, UEA, Federal Decree Law No. 42 of 2022 (The New Civil Procedures Law). Hill's request is GRANTED pursuant to Evidence Code section 452, subdivision (f). Analysis Hill moves the Court to dismiss Plaintiff Ashton Kennedy, a minor, by his Guardian ad Litem, Robert Kennedy (“Plaintiff”)'s and Defendant/Cross-Complainant Mycotoo, Inc. (�...
2023.07.13 Demurrer to FAC, Motion to Strike 403
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.13
Excerpt: ...ovidence Saint John's Health Center's Demurrer to Plaintiff's [sic] First Amended Complaint is SUSTAINED, with thirty (30) days leave to amend. Defendant Providence Saint John's Health Center's Motion to Strike Portions of Plaintiffs' First Amended Complaint is DENIED as MOOT. Plaintiffs Marciela Javier, Uriel Javier, and Daniel Javier may amend their complaint only as authorized by the Court's order and may not amend the complaint to add a new p...
2023.07.12 Demurrer, Motion to Strike 963
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.12
Excerpt: ...nd Cross-Defendant Allen Stephenson shall prepare, serve, and submit a proposed judgment as per statute. Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson to give notice. REASONING Request for Judicial Notice Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson (collectively “Cross-Defendants”) request judicial notice of a motion to quash in Los Angeles County Superior Court...
2023.07.12 Demurrer to TAC 464
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.12
Excerpt: ...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 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...
2023.07.11 Motion to Transfer Action 955
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.11
Excerpt: ... days after service of notice of the transfer order. Defendants David Leavitt, Kaci Vanderhoek, and Caroline Leavitt to give notice. REASONING Upon motion, the Court may change the place of trial “[w]hen the court designated in the complaint is not the proper court” or “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” (Code Civ. Proc., § 397, subds. (a), (c).) Here, Defendants David Leavitt, K...
2023.07.06 Demurrer, Motion to Strike 963
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.06
Excerpt: ...d Cross-Defendant Allen Stephenson shall prepare, serve, and submit a proposed judgment as per statute. Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson to give notice. REASONING Request for Judicial Notice Plaintiff/Cross-Defendant SF Holding Company LLC and Cross-Defendant Allen Stephenson (collectively “Cross-Defendants”) request judicial notice of a motion to quash in Los Angeles County Superior Court ...
2023.07.03 Request for Preliminary Injunction 122
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.07.03
Excerpt: ...ndants”) are also directors on the board. (Compl. ¶¶ 3-6.) Plaintiff alleges that prior to the HOA meeting on October 12, 2022, Plaintiff received a Board packet which included a report about the HOA's balconies, and Plaintiff forwarded the report to the former president of the HOA, who posted the report on a private Facebook page in use by members of the HOA. (Compl. ¶¶ 12-13.) The HOA's counsel confronted Plaintiff about disclosing confid...
2023.06.28 Motion for Leave to File Complaint 216
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06.28
Excerpt: ...er 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 not in dispute, and the ...
2023.06.27 Demurrer to FAC 240
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06.27
Excerpt: ...City of Los Angeles Certificate of Occupancy as to 2219 Benecia Ave, Los Angeles, California 90064, dated February 27, 2020. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (c). Legal Standard “[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 ple...
2023.06.23 Motion to Strike Costs 042
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06.23
Excerpt: ... right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) A prevailing party is entitled to recover only those costs “necessarily incurred in the case” by that party or on that party's behalf in prosecuting or defending the action. (See Cal. Rules of Court, rule 3.1700(a); Code Civ. Proc., § 1033.5, subd. (c)(1).) The non-prevailing party may contest any items in the prevailing party's memorandum of costs...
2023.06.23 Motion to Compel IME 435
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06.23
Excerpt: ...ornia 91367. The examination shall comply with all limitations set forth in this order. Defendant Nicole Perzik to give notice. REASONING Defendant Nicole Perzik (“Defendant”) moves the Court for an order compelling Plaintiff Michelle Yun (“Plaintiff”) to attend her Independent Medical Examination (“IME”) on June 26, 2023. Defendant represents that Plaintiff and Defendant entered into a stipulation for Plaintiff to appear for an IME, ...
2023.06.01 Demurrers, Motion to Strike 736
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06.01
Excerpt: ...d the Los Angeles Municipal Code provides for a private right of action for damages, and GRANTED in part as to paragraphs 31 and 41, insofar as Plaintiffs seek punitive damages; and DENIED as MOOT as to paragraphs 18.3, 21, 22, 43.1 through 43.9, and prayer for relief paragraphs 1.1 through 1.9. Plaintiffs Thomas Schwartz and Lisa Schwartz may amend their complaint only as authorized by the Courts order and may not amend the complaint to add a ne...
2023.06.01 Demurrer 989
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.06.01
Excerpt: ...018, 1023.) Defendants William Rahal, M.D. and Beverly Hills Aesthetic Corp dba Verona Plastic Surgety to give notice. REASONING "[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 matters outside the pleading that are judicially noticeable. (See Donabedian...
2022.10.03 Motion for Summary Judgment 094
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2022.10.03
Excerpt: ...gh the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has ...

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