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2024.04.09 Motion for Summary Judgment 808
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.04.09
Excerpt: ...g summary judgment, or, in the alternative, summary adjudication in favor of Plaintiff and against Defendant. TENTATIVE RULING: The unopposed motion is granted. BACKGROUND¿ This is a collections action in which Plaintiff alleges that on 6/24/21, Defendant executed a loan agreement “ in the principal sum of $20,000.00, which was payable in monthly installment payments of $411.58, beginning on August 8, 2021, with one final payment of $411.18, d...
2024.03.28 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.28
Excerpt: ...ATIVE RULING: The unopposed motion is granted. BACKGROUND This is a collections action in which Plaintiff alleges that on 10/28/19, Defendant United Construction & Landscape Inc. (“UCLI”) “entered into a borrowing relationship with Chase by executing a Line of Credit Note in the amount of $200,000.00 and a Credit Agreement.” (Compl. ¶ 6.) The loan was personally guaranteed by Defendant Jayaratna. ( Id. at ¶ 7.) Plaintiff alleges that �...
2024.03.26 Motion to Compel Further Discovery Responses 139
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.26
Excerpt: ...y (“Defendant”) NOTICE: NOT OK (fails to identify which discovery requests are at issue) RELIEF REQUESTED: Orders compelling Defendant's further responses to the following discovery requests: · Plaintiff's Requests for Production of Documents (“RFPs”), Set Two, Request Nos. 56, 57, and 58. · Plaintiff's RFPs, Set Three, Request Nos. 62 –65, 68 –69, 71 –77, 81, and 83. TENTATIVE RULING: The motions are granted. Defendant to provide...
2024.03.22 Demurrer, Motion to Strike 888
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.22
Excerpt: ...ng Plaintiffs' prayer for punitive damages . TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall �ile and serve an answer to Plaintiffs' Complaint within 30 days . BACKGROUND Plaintiffs bring this action under the Song -Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle they purchased on or around 12/5/20, for which Defendant issued the manufacturer's express warranty. (Compl. �...
2024.03.21 Demurrers, Motion to Strike 018
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.21
Excerpt: ...plaint; 2. Defendant Albert Gonzalez Jr. demurs to the second and fifth causes of action in Plaintiff's complaint; and 3. Defendants move to strike paragraph 35 from Plaintiff's complaint. TENTATIVE RULING: 1. Defendant Albert Gonzalez Sr.'s demurrer is overruled as to Plaintiff's fourth cause of action, and sustained with 30 days leave to amend as to Plaintiff's second, third, and fifth causes of action; 2. Defendant Albert Gonzalez Jr.'s demurr...
2024.03.20 Motion to Quash Service of Process 570
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.20
Excerpt: ...T FOR JUDICIAL NOTICE: Diodes' request for judicial notice is granted as to the existence, but not the contents, of Exhibits 1 –22. BACKGROUND This is a toxic tort action in which Plaintiff Tony Laurita was allegedly employed by Cinmark, LLC (“Cinmark”) between 2002 and 2017, during which time he worked at Cinmark's principal place of business at 8933 Quartz Avenue, Northridge, California 91324. (FAC ¶ 3.) Nonmoving defendant Micro Matic U...
2024.03.15 Motion for Summary Judgment 093
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.15
Excerpt: ...TED: An order granting summary judgment or, in the alternative, summary adjudication in favor of Moving Defendant and against Plaintiffs. TENTATIVE RULING: The motion is denied. BACKGROUND¿ Plaintiffs allege that on 1/14/22, plaintiff Karey Kibbe (“Karey”) sustained injuries from a slip - and-fall while attending an annual gynecology examination at Moving Defendant's medical facility in Valencia, CA. (Compl. ¶¶ 14 –15.) Plaintiffs allege...
2024.03.15 Motion for Reconsideration 307
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.15
Excerpt: ...t (“Plaintiff”) NOTICE: NOT OK (misstates the date of the underlying Court ruling) ¿ RELIEF REQUESTED: Reconsideration of the Court's 2/6/24 Order denying Defendant's motion for terminating and monetary sanctions against Plaintiff. ¿ TENTATIVE RULING: The motion is denied. BACKGROUND¿ On 3/24/20, Plaintiff entered into a month- to-month lease agreement with Defendant for certain premises located at 11967 Adelphia Street, Pacoima, Californi...
2024.03.13 Motion to Compel Further Discovery Responses 483
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.13
Excerpt: ...atories, Set One, Nos. 1 –10 (as to Defendant David M. Robinson) and Nos. 1 –12 (as to Defendant Jay William Smith), within 10 calendar days. Plaintiff further requests monetary sanctions to be imposed against each Defendant and their counsel in the amount of $1,560.00. TENTATIVE RULING: The unopposed motions are granted in part. Defendants to provide further code- compliant responses to Plaintiff's first set of Special Interrogatories, Inter...
2024.03.08 Motion to Compel Further Discovery Responses 450
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.08
Excerpt: ...ICE: NOT OK (fails to identify which discovery requests are at issue) RELIEF REQUESTED: Orders compelling Defendant's further responses to the following discovery requests: · Plaintiff's Requests for Admission (“RFAs”), Set One, Request No. 3. · Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Request Nos. 4, 19, 21–24, 28–30, 33–38, 43– 46, 49, 52, 54– 56, 61, 63, 75, 79, and 81. TENTATIVE RULING: Plaintiff...
2024.03.07 Demurrer 334
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.07
Excerpt: ...complaint (“TAC”). ¿ TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to Exhibit A and denied as to Exhibit B. Plaintiff's request for judicial notice is denied. BACKGROUND On 11/9/23, Defendant filed the instant demurrer. On 2/23/24, Plaintiff filed her opposition. On 2/29/24, Defendant filed its reply. ANALYSIS Defendant demurs to eac...
2024.03.06 Motion for Jury Trial 493
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.06
Excerpt: ...t Defendants Gary G. Topolewski (“Topolewski”) and Topolewski America Inc. (“TAI””) (collectively “Defendants”), as well as DOES 1 through 250, inclusive, arising from Defendants defaulting o n various loans issued by Plaintiff. On July 6, 2022, Plaintiff filed a complaint against Defendants. On January 18, 2023, Defendants filed and served a Case Management Statement in which Defendants requested a jury trial. (01/18/23 Case Manage...
2024.03.04 Motion to Compel Deposition 037
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.04
Excerpt: ... deposed. Plaintiff also requests monetary sanctions to be imposed against Defendant and its counsel in the amount of $1,641.75. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to produce its Person(s) Most Knowledgeable and Custodian of Records to be deposed, and to produce the documents specified in the deposition notice, on or before 4/4/24. The Court imposes $525.00 in mon etary sanctions against Defendant. BACKGROUND ...
2024.03.04 Demurrer, Motion to Strike 619
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.04
Excerpt: ...g Defendants demur against Plaintiffs' entire complaint. TENTATIVE RULING: The demurrer is overruled. BACKGROUND This is a wrongful death action wherein Plaintiffs are the parents of decedent Christopher Hawley (“Decedent”). Plaintiffs allege that on 6/23/22, Decedent visited Six Flags Magic Mountain amusement park, located at 26101 Magic Mountain Parkway in Valencia , California, and rode the X2 rollercoaster, after which he sustained a brai...
2024.03.01 Motion to Compel Further Discovery Responses 357
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.03.01
Excerpt: ...es, within 10 days, to Plaintiffs' Requests for Production of Documents (“RFPs”), Set One, Nos. 1, 3, 7, 17, 23–25, 37– 45, 50–53, 58 –59, 68, 76, 78 –79, 86, and 91 –94. Plaintiffs also request monetary sanctions against Defendant in the amount of $3,160.00. TENTATIVE RULING: The motion is granted. Defendant to provide further code -compliant responses to Plaintiffs' first set of RFPs, Request Nos. 1, 3, 7, 17, 23 –25, 37–45,...
2024.02.28 Demurrer, Motion to Strike 672
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.28
Excerpt: ...f action in Plaintiff's complaint. Defendants also seek an order striking Plaintiff's references to punitive damages, attorney fees, statutory damages, restitution of rent, a nd civil penalties from the complaint. TENTATIVE RULING: The demurrer is: (1) Overruled as to Plaintiff's first, second, fourth, sixth, tenth, and eleventh causes of action; (2) Sustained with 30 days leave to amend as to Plaintiff's third and seventh cause of action; and (3...
2024.02.23 Motion for Summary Judgment 807
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.23
Excerpt: ...LING: The motion is denied. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted as to the existence, but not the contents, of Exhibits A –C. Despite having been previously warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13/19 First Amended General Order Re Mandatory Electronic Filing for Civil, Defendant's counsel has again failed to bookmark the declarations, exhibits and proof of service a...
2024.02.22 Motion for Protective Order, to Compel Further Responses 418
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.22
Excerpt: ...documents produced in response to Plaintiff's Requests for Production of Documents (“RFPs”), Set One. TENTATIVE RULING: The motion is granted in part. The Court enters the proposed protective order without Defendant's modifications: (1) Requiring non-lawyer personnel to sign and execute Exhibit A to the protective order; (2) Removing Paragraph 7f. regarding mock jury participants from the protective order; and (3) All modifications to Paragra...
2024.02.20 Motion to Strike 619
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.20
Excerpt: ...ectively, “Plaintiffs”) NOTICE: OK ¿ RELIEF REQUESTED: Moving Defendant moves to strike references relating to punitive damages and attorney fees from Plaintiffs' complaint. ¿ TENTATIVE RULING: The motion to strike is denied as to Plaintiffs' references to punitive damages and granted as to Plaintiffs' prayer for attorney fees with 30 days leave to amend. BACKGROUND ¿ This is a wrongful death action wherein Plaintiffs are the parents of de...
2024.02.20 Demurrer, Preliminary Injunction 040
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.20
Excerpt: ... REQUESTED: Defendants demur against Plaintiff's entire complaint. ¿ TENTATIVE RULING: The demurrer is overruled as to Plaintiff's first, third, fourth, and fifth causes of action, and sustained as to Plaintiff's second and sixth causes of action with 30 days leave to amend. BACKGROUND ¿ This is wrongful eviction action in which Plaintiff alleges that she, “her two minor children, and one adult child have resided at 28700 Newhall Ranch Rd., R...
2024.02.16 Motion to Quash Deposition Subpoena 844
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.16
Excerpt: ...ndividual (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order quashing Plaintiffs' 1/10/24 deposition subpoena for production of business records, propounded and served on non -party deponent Arshud Mahmood, Ph.D., P.E. Defendant also seeks monetary sanctions against Plaintiffs and/or their counsel in the amo unt of $2,310.00. TENTATIVE RULING: The motion is granted. The Court imposes sanctions against Plaintiffs' counsel in th...
2024.02.09 Motion to Strike or Tax Costs 354
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.09
Excerpt: ...enied. BACKGROUND Plaintiffs bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle they purchased on or around 9/10/19, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 4, 6.) On 5/4/21, Plaintiffs filed their complaint, alleging against Defendant the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code s...
2024.02.09 Demurrer 080
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.09
Excerpt: ...es of action, and sustained as to Plaintiff's third cause of action with 30 days leave to amend. BACKGROUND This is a quiet title action in which Plaintiff alleges that in October 2013, he entered into an oral agreement with Defendant, his father, “that the subject property located at 14316 Raven Street, Sylmar, CA 91342 (“Property”) would be purchased in Defendant's name, given Plaintiff's poor credit score, but that despite being in Defen...
2024.02.08 Motions to Compel Discovery Responses 568
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.08
Excerpt: ... for Admission (“RFAs”); and Special Interrogatories. Defendant further requests monetary sanctions against Plaintiff in the combined amount of $1,850.00. TENTATIVE RULING: The motions are granted. Plaintiff failed to timely oppose the motions. Plaintiff is ordered to provide objection-free responses to Defendant's first set of discovery requests within 10 days. Defendant's Requests for Admission, Set One, are deemed admitted. The Court impos...
2024.02.06 Motion to Compel Further Discovery Responses 418
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.06
Excerpt: ...tiffs' Special Interrogatories, Set One, specifically: Special Interrogatory Nos. 45–48. Plaintiffs further request monetary sanctions to be imposed against Defendant and its counsel in the amount of $2,207.50. TENTATIVE RULING: The motion is denied. BACKGROUND On 5/3/23, Plaintiffs served their first set of discovery requests on Defendant. (Decl. of Zachary Powell ¶ 3.) On 6/6/23, Defendant served its responses thereto. (Id. at ¶ 4.) On 9/29...

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