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2024.05.30 Motion for Terminating Sanctions 395
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.30
Excerpt: ...entering default against Millett. Plaintiff also seeks $2,160.00 in monetary sanctions against Millett in addition to previous sanctions. The Court CONTINUES Plaintiff's motion for terminating sanctions to July 2, 2024. If Millett does not comply with all previous discovery orders and sanctions by that time, the Court will issue terminating sanctions. The Court GRANTS Plaintiff's motion for monetary sanctions IN PART. Millett shall pay $1,635.00 ...
2024.05.30 Demurrer 364
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.30
Excerpt: ...round This is a Song -Beverly action. The following facts are taken from the allegations of the Complaint, which the Court accepts as true for the purposes of this demurrer. On May 27, 2021, Plaintiff entered into a warranty contract with Ford ofr a 2021 Ford Explorer (the “Subject Vehicle”). Plaintiff alleges that the Subject Vehicle manifested defects and nonconformities to warranty, including transmission defects and electrical defects, am...
2024.05.28 Request for Sanctions 204
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.28
Excerpt: ...13,620.00. The Court DENIES Plaintiff's request without prejudice to Plaintiff's ability to bring the request as a separate motion. Background Plaintiff filed this action on February 20, 2024, raising claims for (1) malicious prosecution, and (2) violation of the Bane Act. On May 6, 2024, Defendants filed an anti-SLAPP motion, noticing the hearing for May 28, 2024. Plaintiff filed an opposition on May 9, 2024 arguing, inter alia, that the motion ...
2024.05.28 Motion to Compel Release of Unredacted Records 148
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.28
Excerpt: ...tigation of alleged misconduct an d violations of now-dismissed Defendant Eduardo Xavier Yanez. The Commission shall disclose unredacted versions of the documents with Bates Nos. CTC0019, CTC0024, CTC0030, CTC0035, CTC0043, CTC0051, CTC0058, CTC0063 and CTC0086, except that it will redact Yanez's social security number, date of birth, and other ident ifying personal information that does not pertain to his character and fitness. Moreover, the doc...
2024.05.28 Motion to Approve Settlement in PAGA Case 484
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.28
Excerpt: ...eness of the 33% attorney fee of $346,500.00, which is higher than the lodestar of $148,360. Background Plaintiff was employed by Defendant White Memorial Medical Center (“Defendant”) beginning in 2018. The main claims in this case are that non -exempt employees were not paid for ‘waiting time' while going through Covid -19 clearance prior to starting their shifts and that case managers were not given meal and rest breaks. Plaintiff filed t...
2024.05.23 Motion to Set Case for Trial 030
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.23
Excerpt: .... A motion for trial preference would require a trial to begin no later than September 2024. Plaintiff is not seeking a trial in September 2024 and does not contend that one is practical. As a matter of case management and fairness, however, the Court states as follows. Trial will commence on December 16, 2024 and the Final Status Conference will take place on December 6, 2024, all as currently scheduled. Defendants are on notice that the Court d...
2024.05.23 Motion to Quash Service by Mail or Publication 397
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.23
Excerpt: ...tion in a United Kingdom publication is appropriate. The Court requests that Plaintiff's counsel come to the hearing with a suggestion as to what publication would be appropriate to use for publication in the United Kingdom. The Court would also consider arguments by defense counsel as to what publication is most likely to be seen by Defendant. Background This is a breach of contract action. Plaintiff alleges that he found and returned Defendant'...
2024.05.23 Motion to Dismiss Action 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.23
Excerpt: ...St. Clair's motion. Background Plaintiff filed this action on April 20, 2022 against Defendant Real Time Staffing Servies, LLC d/b/a Select Staffing (“Select Staffing”), St. Clair, Novel Alamilla, Pirate Staffing (“Pirate”), Pirate California Holdings, LLC (“Pirate Holdings”), and Comme rce Temporary Staffing Services, LLC (“Commerce”). Plaintiff was employed by Select Staffing, a temporary employee company. Select Staffing entere...
2024.05.23 Motion for Judgment on the Pleadings 940
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.23
Excerpt: ... Defendant on the issues relating to the Second and Third claims given the open questions of California law that this motion raises. Background This is an employment case. The following facts are taken from the allegations in Plaintiff's Complaint, which the Court accepts as true for the purposes of this motion. Plaintiff became employed with Defendant approximately 23 years ago. On August 8, 2021, Plaintiff's infant son was diagnosed with a rare...
2024.05.21 Motion for Leave to Amend 549
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.21
Excerpt: ...gment on the pleadings as to the first four causes of action in the Cro ss-Complaint filed by Defendants and Cross - Complainants Kian Marimi MD, Inc. (“KKM”) and Kian Karimi, M.D. (“Dr. Karimi”) (collectively, “Defendants”). The Court GRANTS the motion WITHOUT LEAVE TO AMEND as to the first and fourth claims. The Court GRANTS the motion WITH LEAVE TO AMEND as to the second and third claims. The Court DENIES any motion for judgment as...
2024.05.16 Motion for Issue, Evidentiary, Monetary Sanctions 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...effrey Qiuhong Yang (“Plaintiff”). The Court DENIES Defendant's requests for issue and evidentiary sanctions as MOOT. The Court GRANTS Defendant's request for monetary sanctions, subject to argument as to the reasonableness of the hours claimed by Defendant. Background Plaintiff is Defendant's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it ter...
2024.05.16 Motion for Leave to File FAC 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...olation of Business and Professions Code, sections 17200 et seq. ; and (3) failure to pay wages due. The Court GRANTS the motion as to Plaintiff's claims for violation of meal and rest breaks and violation of Business and Professions Code, sections 17200. The Court DENIES the motion as to Plaintiff's claim for failure to pay wages. Background Plaintiff filed this action on April 20, 2022 against Defendant Real Time Staffing Servies, LLC d/b/a Sel...
2024.05.16 Motion for Sanctions 825
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...Inc. (“Construction Paper”) (collectively, “Cross- Defendants”). Defendant seek s issue sanctions, evidentiary sanctions, and monetary sanctions consisting of $8,910.00 in attorney's fees. The Court CONTINUES CJ's motion for terminating sanctions to June 18, 2024. If Plaintiff does not comply with all previous discovery orders and sanctions by that time, the Court will issue terminating sanctions. The Court GRANTS CJ's request for monetar...
2024.05.16 Motion to Compel Production of Docs, for Attorney Fees 561
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...Plaintiff”), both in his capacity as a trustee and his capacity as a person most knowledgeable (“PMK”). Defendant also requests certain document productions. Defendant seeks as sanctions attorney's fees in the total amounts of $13,000. The Court GRANTS Defendant's motions to compel Plaintiff's depositions in their entirety. The Court GRANTS Defendant's motions to compel document production in their entirety. Defendant shall produce the depo...
2024.05.16 Motion to Enforce Settlement, for Attorney Fees 992
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...ments pursuant to a settlement agreement in this case. Plaintif fs also request $17,755.64 in costs and attorney's fees. The Court GRANTS Plaintiffs' motion to enforce the settlement. The Court GRANTS Plaintiffs' request for attorney's fees and costs in the amount of $17,755.64. Eisenberg shall pay this amount to Plaintiff's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on October 12, 2023 against De...
2024.05.14 Motion to Compel Arbitration and Stay Action 800
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.14
Excerpt: ... Inc. (“Consolidated”) (collectively, “Moving D efendants”) move for an order compelling Plaintiff Blue Fire LLC (“Plaintiff”) to arbitrate its claims against Defendants and staying this action pending arbitration. The Court DENIES the motion as to Plaintiff's third, fourth, and fifth causes of action. The Court DELAYS its ruling on the motion as to Plaintiff's remaining claims against the Moving Defendants pending the resolution of P...
2024.05.14 Motion for Judgment on the Pleadings 666
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.14
Excerpt: ...on as to Greenfield's fourth cause of action for defamation against Sinclair. The Court DENIES the remainder of the motion. Background This case relates to a failed real estate transaction. On October 1, 2021, non -parties Negar Aref and Omid Pezeshkfar (together, “Sellers”) and Cross- Defendant Agnes Sinclair entered into a written Residential Purchase Agreement (“RPA”) for the purchase by Sinclair of a single-family residence located at...
2024.05.14 Motion for Judgment on the Pleadings 080
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.14
Excerpt: ...e motion. Background This case relates to a real estate loan transaction. The following facts are taken from the Complaint, and the Court accepts them as true for the purposes of the motion for judgment on the pleadings. Plaintiff is a disabled U.S. Veteran. In January 2022, Plaintiff decided to sell her home in Sacramento and move to Los Angeles. Plaintiff engaged Defendant to obtain financing for the purchase of a home in Los Angeles for Plaint...
2024.05.09 Motion to Strike Punitive Damages 503
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.09
Excerpt: ... First Amended Complaint (“FAC”) filed by Plaintiff Mario Vasquez Gallegos (“Plaintiff”). The Court GRANTS Defendant's motion to strike WITHOUT LEAVE TO AMEND. Background This action concerns Plaintiff's employment relationship with Defendant. The following facts are taken from the allegations in the FAC. Defendant hired Plaintiff as a cook on September 21, 2012. On June 26, 2020, Plaintiff tested positive for Covid -19. Around June 28, 2...
2024.05.09 Motion to Strike 366
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.09
Excerpt: ...NTS Plaintiff leave to file the Second Amended Complaint (“SAC”) which Plaintiff has previously submitted to the Court. Background Plaintiff filed this action on April 30, 2024, raising claims for (1) discriminatory practices in public accommodations; and (2) violation of the Unruh Civil Rights Act, Civil Code, section 51. Defendants moved to strike the Complaint on January 17, 2024, contending that the Complaint must be verified because it a...
2024.05.09 Motion for Summary Judgment 402
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.09
Excerpt: ... Devin Davis (collectively, “Responding Plaintiffs”). In the alternative, Defendants request summary adjudication. The Court DENIES Defendants' motion for summary judgment. The Court DENIES Defendants' motion for summary adjudication. Background This is a landlord- tenant case. Danielle Diab, Harley Lally, Devin Davis, Karin Neuman, Laura Ramanei, and Claire Johnson (collectively, “Plaintiffs”) are tenants at real property located at 201 ...
2024.05.09 Demurrer 858
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.09
Excerpt: ... strike portions of the Complaint. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiffs must amend within 20 days. Background This is a landlord- tenant case. The following facts are taken from the allegations in the Complaint. On April 9, 2021, Plaintiffs Nasser Eshraghi and Khashayar Eshragi (collectively, the “Eshraghis”) leased an apartment located at 600 S. Spring Street (the “Property”), Unit 703, Los Angeles, California,...
2024.05.07 Motion to Compel Further Responses 386
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.07
Excerpt: ..., 57, 69, 73, 74, 75, and 76. Plaintiff also requests as a discovery sanction attorney's fees in the total amount of $6,120.00 in connection with the motion to compel. The Court GRANTS Plaintiff's motion with respect to Requests Number 57 and 69. The remainder of the motion to compel in the original motion is moot as Repligen responded after the filing of this motion. The Court DENIES Plaintiff's request for sanctions. Background This is an emplo...
2024.05.03 Motions in Limine 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.03
Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...
2024.05.02 Motion to Quash 397
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.02
Excerpt: ...ontract action. Plaintiff alleges that he found and returned Defendant's lost dog and filed this action to recover the promised reward. The facts stated here are taken from the allegations in Plaintiff's Complaint. In July 2019, Defendant announced on social media that he had been burglarized and his dog was stolen. Defendant offered a reward of $30,000.00 for the return of his dog. Plaintiff found and returned Defendant's dog, but Defendant did ...

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