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2023.09.14 Motion for Stay of Proceedings Based on Inconvenient Forum 261
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.14
Excerpt: ...tion clause in the limited express warranty provided by Defendant. TENTATIVE RULING: The motion is granted. The action is stayed pending the outcome of litigation of Plaintiff's claims against Defendant in Indiana. Defendant's evidentiary objections are sustained. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUI...
2023.09.13 Demurrer, Motion to Strike 861
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.13
Excerpt: ...ant also seeks an order striking references to HIPAA, the Confidentiality of Medical Information Act, and verification from the FAC. TENTATIVE RULING: The demurrer is SUSTAINED with 30 days leave to amend. The motion to strike is moot. Plaintiff is reminded that all documents “must be text searchable when technologically feasible without impairment of the document's image.” (CRC 2.256(b)(3).) Moreover, “except in a summary judgment or summa...
2023.09.11 Motion for Reconsideration 534
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.11
Excerpt: ... RULING: The motion is denied. BACKGROUND On 2/3/23 Judge Randy Rhodes granted Defendant's Motion to Compel Arbitration and Stay Action. On 6/12/23, Plaintiffs filed the instant motion for reconsideration of the Court's 2/3/23 Order. On 8/28/23, Defendant filed its opposition. On 9/1/23, Plaintiffs filed their reply. ANALYSIS “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it e...
2023.09.11 Demurrer, Motion for Judgment on the Pleadings 334
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.11
Excerpt: ...dings to the entire SAC. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. Defendant's motion for judgment on the pleadings is therefore moot. Plaintiff's request for judicial notice is denied. BACKGROUND¿ Plaintiff, a former student at Herrick Avenue Elementary School, brings this action against Defendant, the school district in which Herrick Avenue Elementary School sits, alleging that she was molested and sexually groom...
2023.09.05 Motion to Compel Deposition 494
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.05
Excerpt: ...ays of this hearing. TENTATIVE RULING: The motion is granted. Plaintiff 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 10/5/23. BACKGROUND Plaintiff brings this action against Defendant under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on 12/2/20, and for which Defendant i...
2023.09.01 Motion to Deem RFAs Admitted 200
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.01
Excerpt: ...h of Plaintiff's Requests for Admission (“RFAs”), Set Two, propounded on Defendant, be admitted. Plaintiff further requests that the Court order monetary sanctions against Defendant and his counsel in the amount of $3,325.30. TENTATIVE RULING: The motion is granted. The Court deems each of Plaintiff's RFAs, Set Two as admitted. The Court imposes sanctions against Defendant and his counsel in the amount of $1,000.00. BACKGROUND This is a colle...
2023.09.01 Demurrer 371
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.09.01
Excerpt: ... of action in Plaintiff's second amended complaint (“SAC”). ¿ TENTATIVE RULING: The demurrer is overruled. Defendants shall file and serve an Answer to Plaintiff's SAC within 30 days. BACKGROUND¿ On 5/25/22, Plaintiff filed his original complaint, alleging against Defendants the following causes of action: (1) Derivative Claim for Breach of Fiduciary Duty; (2) Derivative Claim for Aiding and Abetting Breach of Fiduciary Duty; (3) Derivative...
2023.08.30 Motions to Compel Discovery Responses 897
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.30
Excerpt: ...endant Aju Philips) · Form Interrogatories, Set One (as to defendant Rini Jose) · Requests for Production of Documents, Set One (as to defendant Aju Philips) · Requests for Production of Documents, Set One (as to defendant Rini Jose) · Special Interrogatories, Set One (as to defendant Aju Philips) · Special Interrogatories, Set One (as to defendant Rini Jose) · Requests for Admission, Set One (as to defendant Rini Jose) Plaintiff further re...
2023.08.30 Demurrer, Motion to Strike 453
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.30
Excerpt: ... also seeks an order striking Plaintiffs' prayer for punitive damages. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall file and serve an answer to Plaintiffs' FAC within 30 days. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted. On 6/12/23, Defendant filed the instant demurrer and motion to strike. On 8/18/23, Plaintiffs filed their opposition. On 8/21/23, Defendant f...
2023.08.29 Motion to Compel Further Discovery Responses 965
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.29
Excerpt: ...–19, 21, 34, 38, 41–42, and 51 within 10 calendar days. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiff's first set of RFPs, Request Nos. 7, 10, 16–19, 21, 34, 38, 41–42, and 51 within 30 days. BACKGROUND Plaintiff brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle she purchased on or around 11/13/20, which was manufactured ...
2023.08.23 Demurrer 359
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.23
Excerpt: ...NG: The demurrer is sustained as to Plaintiffs' fourth, fifth, seventh and eighth causes of action, and overruled as to the third cause of action. Plaintiffs are granted 20 days leave to amend the complaint to cure the defects set forth herein. BACKGROUND On 5/31/23, Moving Defendant filed the instant demurrer. On 8/11/23, Plaintiffs filed their opposition. On 8/16/23, Moving Defendant filed its reply. ANALYSIS Moving Defendant demurs to demurs t...
2023.08.22 Motion for Protective Order 479
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.22
Excerpt: ...sive, and that Defendant is excused from responding to the interrogatories. Defendant also requests monetary sanctions against Plaintiff in the amount of $4,559.50. TENTATIVE RULING: The motion is partially granted. Defendant is excused from responding to Plaintiff's Special Interrogatories, Set Two. Nos. 53–54, 58–59, 63–64, 68–69, 73–74, 78–79, 83–84, 88– 89, 93–94, 98–99, 103–104, 108–109, 113–114, 118–119, 123–12...
2023.08.22 Motion to Quash Deposition Subpoena, for Sanctions 493
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.22
Excerpt: .../23 deposition subpoena for production of business records, propounded and served on non-party deponent U.S. Bank. Defendants also seek an imposition of sanctions against Plaintiff and its counsel in the amount of $2,750.00. TENTATIVE RULING: The motion to quash and request for sanctions are denied. On 5/15/23, Plaintiff served a deposition subpoena for business records on nonparty U.S. Bank, seeking the production of documents relating to a bank...
2023.08.21 Motion to Compel Further Responses 146
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.21
Excerpt: ...to Defendants' Special Interrogatories, Set One. Defendants also request monetary sanctions against Plaintiff in the amount of $1,060.00. TENTATIVE RULING: The unopposed motion is off calendar. BACKGROUND On 6/18/20, Plaintiff filed his original complaint against nine named defendants, seeking to set aside allegedly fraudulent transfers made to avoid satisfying a judgment in a previous action where a jury awarded Plaintiff a total of $126,000 aga...
2023.08.14 Motion to Deem RFAs Admitted 897
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.14
Excerpt: ...tiff further requests that the Court order monetary sanctions against Defendant. TENTATIVE RULING: The motion is denied in part. The Court imposes sanctions against Defendant in the amount of $1050.00. ANALYSIS Legal Standard A responding party must respond to each propounded request for admission with either a substantive answer or an objection to the particular request. (Code Civ. Proc. § 2033.210.) A propounding party may move for an order de...
2023.08.11 Anti-SLAPP Motion to Strike 897
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.11
Excerpt: ...�) NOTICE: OK RELIEF REQUESTED: An order striking the first through fifth causes of action in Defendants' cross- complaint. Additionally, or in the alternative, an order striking various allegations contained therein. Plaintiff also seeks to recover attorney fees and costs in the amount of $7,550.00. TENTATIVE RULING: The motion is denied. BACKGROUND Plaintiff owns and resides at certain real property located at 24712 Amelia Lane, Newhall, Califo...
2023.08.10 Motion to Compel Further Discovery Responses 483
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.10
Excerpt: ...TICE: ok RELIEF REQUESTED: An order compelling further responses to Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 16, 19–32, 37–41, and 45–46. Plaintiff also requests monetary sanctions against Defendant in the amount of $3,210.00. TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiff's first set of RFPs, Request Nos. 16, 19–32, 37–41, and 45–46 withi...
2023.08.01 Demurrer, Anti-SLAPP Motion to Strike 429
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.08.01
Excerpt: ...laintiff's entire FAC with prejudice. TENTATIVE RULING: The special anti-SLAPP motion to strike is granted. The demurrer is moot. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is denied. BACKGROUND Plaintiff alleges that he was injured by the content of the film “Avatar: The Way of Water” (“Avatar 2”), which he viewed on 12/16/22. Defendant is an entertainment trade association responsible for, inter alia, assigning...
2023.07.28 Motion to Compel Discovery Responses 282
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.28
Excerpt: ...Set One. Defendants further request that the Court order monetary sanctions against Plaintiff in the amount of $1,400.00. RULING: The motion is off calendar. On 5/8/23, Defendants served Plaintiff with their first set of RFPs. On 6/10/23, Plaintiff served his responses. On 6/29/23, Defendants filed the instant motion to compel Plaintiff's responses to their RFPs, Set One. ANALYSIS A. Legal Standard A responding party must respond to each propound...
2023.07.27 Demurrer, Motion to Strike 028
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.27
Excerpt: ...itive damages. TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall file and serve an answer to Plaintiff's complaint within 30 days. BACKGROUND On 11/5/19, Plaintiff allegedly leased a vehicle manufactured by Defendant, and now brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that Defendant had actual knowledge of a transmission defect in the vehicl...
2023.07.26 Demurrer, Motion to Strike 176
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.26
Excerpt: ...plaint (“SAC”). Moving Defendants also seek an order striking portions of the SAC relating to attorney fees and punitive damages. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. The motion to strike Plaintiff's request for attorney fees is granted, and the motion to strike Plaintiff's request for punitive damages is moot. On 5/3/23, Moving Defendants filed the instant demurrer and motion to strike. On 5/17/23, Raincro...
2023.07.21 Demurrer 807
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.21
Excerpt: ...nd. Both requests for judicial notice are denied. The parties are again reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of...
2023.07.19 Motion for Attorney Fees 637
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.19
Excerpt: ...s awarded $166,000.61 in attorney fees and costs. REQUEST FOR JUDICIAL NOTICE: Defendant's request for judicial notice is granted. ANALYSIS A. Right to Recovery An award of attorney fees is proper when authorized by contract, statute, or law. (Code Civ. Proc. §§ 1032, subd. (b); 1033.5, subd. (a)(10).) Here, it is undisputed by the parties that the lease agreement entered into between them provides: “[i]n the event either party shall institut...
2023.07.19 Demurrer 238
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.19
Excerpt: ...ion with 30 days leave to amend and overruled as to Plaintiff's fourth and fifth causes of action. BACKGROUND¿ This action arises out of Plaintiff's allegations that nonmoving defendant Edelmira Cruz Torres, his former legal secretary, falsely and fraudulently stole Plaintiff's identity by, inter alia, “changing all passwords on Plaintiff's credit cards and bank accounts that she had falsely and fraudulently been using and making charges and/o...
2023.07.18 Motion to Compel Arbitration 109
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2023.07.18
Excerpt: ...o arbitration; and (2) staying this action pending the outcome of the arbitration. TENTATIVE RULING: The motion is granted. Plaintiff's evidentiary objections are overruled. Defendant's request for judicial notice is granted. The parties are reminded that all documents “must be text searchable when technologically feasible without impairment of the document's image.” (CRC 2.256(b)(3).) Failure to comply with these requirements in the future m...

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