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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 Demurrer 653
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.02
Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs David Sanchez and Apple Ma rkets, Inc. (“Apple Markets”) (collectively, “Plaintiffs”). The Court OVERRULES the demurrer. Background This is an insurance case. The following facts are taken from the FAC. In January 2017, Infinity Select issued a commercial auto liability policy (the “Policy”) to “David Sanchez dba Apple Market.” While the Policy was in effect, an employee of Apple Marke...
2024.05.02 Motion for Order Reducing Jury's Verdict 090
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.02
Excerpt: ...ntiff”) and moves for an order reducing the jury's verdict for noneconomic damages in favor of Plaintiff. The Court has considered all the parties' filings on this issue, including the unauthorized sur -opposition by Plaintiff and the unauthorized response to the sur- opposition by Defendant. It appears based on the authorities cited by the parties that Defendant is correct. Based on these authorities, the Court tentatively concludes that the n...
2024.05.02 Motion for Judgment on the Pleadings 898
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.02
Excerpt: ...) (collectively, (“Defendants”) move for judg ment on the pleadings as to the Complaint filed by Plaintiff Morgan Bottehsazan (“Plaintiff”). The Court DENIES the motion as to the first and fourth claims. The Court GRANTS the motion WITH LEAVE TO AMEND as to the second, third, and fifth claims. Background This case relates to a real estate transaction. The following facts are taken from the allegations of the Complaint, which the Court acc...
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 ...
2024.04.25 Motion to Compel Supplemental Responses 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.25
Excerpt: ... for Production of Documents, Set One. Plaintiff also seeks $4,215 in sanctions against CMC and its attorneys. CBC in its opposition seeks sanctions in the amount of $16,940. The Court GRANTS Plaintiff's motion in part. CBC shall only be required to respond as to discrimination against external organizations or individuals. CBC shall redact confidential information of employees. The Court DENIES both Plaintiff's and CBC's respective requests for ...
2024.04.25 Motion to Compel Further Responses 253
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.25
Excerpt: ...tiff's Form Interrogatories (“FROG”), Set Four; Special Interrogatories (“SROG”), Set Five; and Requests for Production of Documents (“RFP”), Set Four Plaintiff also seeks over $18,000 ($6,600 per motion) in sanctions against Defendant and its attorneys. The Court DENIES Plaintiff's motions. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) r...
2024.04.25 Demurrer 349
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.25
Excerpt: ...t filed by Plaintiff Fallon Seaborn (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiff shall amend the Complaint within 20 days. Background This is a breach of contract case. Defendant is a lender that makes small, secured cash loans. Plaintiff alleges that Plaintiff and Defendant entered into an agreement on June 5, 2019. Plaintiff alleges that Defendant makes loans at a very high interest rate. Plaintiff alleges t...
2024.04.18 Motion to Compel Further Responses 253
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.18
Excerpt: ...ction of Documents (“RFP”), Set Four, Nos. 1 -11 and 16- 19. Plaintiff also seeks $6,300 in sanctions against Defendant and his attorneys. In its opposition, Defendant seeks $2,213 in sanctions. The Court GRANTS Plaintiff's motion IN PART as to RFP Nos. 3, 4, 5, 6, 7, 9, 10, 11, 16, 17, 18, and 19. Defendant shall be required to produce only responsive documents that reference Plaintiff. The Court DENIES Plaintiff's motion as to RFP Nos. 1 an...
2024.04.18 Motion for Summary Judgment, Adjudication 588
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.18
Excerpt: ...n as to each of Plaintiff's causes of action. The Court DENIES Freshman's motion for summary judgment. The Court DENIES Freshman's motion for summary adjudication. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, asbestos exposure, and inadequate flooring and soundproofing, ...
2024.04.18 Demurrer 616
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.18
Excerpt: ...Amended Complaint (“FAC”). The Court OVERRULES the demurrer. Background This is a landlord- tenant case. The following facts are taken from the allegations in the FAC. Defendants owned or managed (it is unclear which) a four -unit residential rental property located at 720 -722 West 79th Street, Los Angeles, California 90044 (the “Property”). Plaintiffs were tenants at the Property during various time periods. Plaintiffs allege that Defen...
2024.04.16 Motion to Strike or Tax Costs 404
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.16
Excerpt: ... summary adjudication as to Pithawalla but not as to his fellow plaintiff B&S Ventures Inc. (“BSV”). The Court DENIES Pithawalla's motion to strike. The Court GRANTS Pithawalla's motion to tax costs. The Court awards AmGuard costs in the amount of $921.05. Background Plaintiff B&S Ventures Inc. (“BSV”) is a Wingstop franchisee that owns and operates several Wingstop restaurants, including one located at 1685 Pacific Coast Highway, Unit D,...
2024.04.16 Motion to Compel Forensic Inspection of Electronic Devices, for Sanctions 253
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.16
Excerpt: ...session, custody, or control since July 8, 2021 and have b een used to access certain email accounts. The specific discovery items at issue are Request for Production Nos. 7 -10. The Court GRANTS Defendant's motion. Plaintiff shall make the laptop available within ten days of this order. Defendant may instruct the third -party to conduct searches limited to the search terms proposed by Defendant on March 29, 2024. The Court DENIES Defendant's req...
2024.04.16 Motion for Leave to File Permissive Complaint 285
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.16
Excerpt: ...st Cross -Defendants Brad Hakala and The Hakala Law Group (“Hakala Law”) (co llectively, “Cross-Defendants”). The Court GRANTS Defendants' motion. Background This case relates to a failed transaction for the purchase of CBD isolate. Plaintiffs The Englander Group, f/k/a Tower Marketing and Investments, LLC (“Englander Group”) and Harvey Englander allege that Defendants entered into a contract with Plaintiffs to deliver CBD isolate pur...
2024.04.11 Motion for Summary Judgment, Adjudication 741
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.11
Excerpt: ...Artiaga appears to seek summary adjudication in the alternative. Defendant City of Los Angeles (“City”) joins in Artiaga's motions. The Court DENIES the motion for summary judgment. The Court does not issue a tentative on the summary adjudication motion but invites argument as to whether summary adjudication of any particular claim should be granted in light of the Court's ruling on the summary judgment motion. Background This case concerns p...
2024.04.11 Motion to Compel Arbitration 123
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.11
Excerpt: ...gs. Plaintiff moves to amend the complaint. Defendants' motion to compel arbitration is GRANTED. Defendants' motion to stay proceedings is GRANTED. Plaintiff's motion to amend the complaint is DENIED as moot. This action is hereby STAYED pending resolution of the arbitration. The Court sets a Status Conference Re: Arbitration for January 29, 2025 at 8:30 AM. Defendants to give notice. Background Plaintiff Matthew Chidez (“Plaintiff”) filed th...
2024.04.09 Motion for Summary Judgment 014
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.09
Excerpt: ...mmary judgment. Background The following facts are taken from the parties' separate statements except where otherwise noted. The Court does not consider the parties' reply separate statements, which are not authorized by statute. ( Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) This case is an insurance coverage dispute under an environmental liability policy which Admiral issued to Canyon Country. The policy for “Cleanup Cost...
2024.04.09 Motion for Summary Adjudication 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.09
Excerpt: ...lobal Win”). The Court DENIES the motion for summary adjudication. Background Plaintiff is Global Win's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it terminated Plaintiff for incurring unapproved unreasonable business expenses. On November 24, 2020, Plaintiff filed this lawsuit against Global Win Xiaobei Ellis Liu, Shanying International Holdin...
2024.04.09 Motion for Attorney Fees 562
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.09
Excerpt: ...or attorney's fees in the amount of $63,981.25. Plaintiff shall pay this amount to Defendant's counsel within thirty days. Background The following facts are taken from the allegations in the FAC. The Court accepts them as true on demurrer. This action arises out of the termination of Jonathan Dortch's employment relationship with Part Four, LLC (“Part Four”) and its effects on Plaintiff's interest in Part Four. Part Four is a digital marketi...
2024.04.04 Motion to Compel Arbitration 000
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ...g this action. The Court DENIES Defendant's motion. Background This is an employment case. Plaintiff worked for Defendant as a general manager of the Luminarias Restaurant beginning in June 2023 and ending when Defendant terminated him on August 11, 2023. Plaintiff filed this action on November 15, 2023. The complaint raises claims for (1) retaliation in violation of FEHA; (2) failure to prevent retaliation; (3) retaliation in violation of Labor ...
2024.04.04 Motion for Issue, Monetary Sanctions TCV
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ... 16, 2024 discovery order. The Court DENIES Defendant's request for issue sanctions. The Court GRANTS Defendant's request for monetary sanctions in the amount of $4,391.00. Plaintiff shall pay this amount to Defendant's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) retaliation under FEHA; (3) fail...
2024.04.04 Demurrer, Motion to Strike 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ... Eugene Seniura (“Eugene”) (collectively, “Cross-Defendants”) demurs to and move to strike portions of the Second Amended Cross- Complaint (“SACC”) filed by Defendant and Cross- Complainant Tammy P. Lang-Tanaka (“Defendant”) as Successor Trustee of the Benjamin M. Lang Trust of 2017 dated May 18, 2017 (the “BML Trust”). Defendant separately moves for leave to amend the SACC. The Court OVERRULES the demurrer. The Court DENIES t...
2024.04.04 Demurrer 836
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ...d, fourth, sixth, seventh, eighth, ninth, and tenth causes of action in the Fi rst Amended Cross-Complaint (“FACC”) filed by Defendant and Cross -Plaintiff Core/Related Grand Ave Owner, LLC (“Core”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND as to the fourth, sixth, eighth and tenth causes of action. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND as to the second, seventh and ninth causes of action. Cross -Defendants sha...
2024.04.02 Motion for Reconsideration 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.02
Excerpt: ...ly, “Defendants”). The Court DENIES the motion for reconsideration. Background Plaintiff Edmond Durham (“Durham”) filed this action on May 16, 2022 against Defendants, alleging breach of contract related to a property that Plaintiff rented from Defendants. The parties entered a settlement of the matter outside of the presence of the court. (Swartz Decl. ¶¶ 3 -6; Exh. A.) The settlement agreement provides that Plaintiff would vacate the ...
2024.04.02 Demurrers 567
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.02
Excerpt: ... filed by Plaintiff Kevin Laughlin (“Plaintiff”). The Court SUSTAINS the demurrer to Plaintiff's first and second causes of action WITHOUT LEAVE TO AMEND. The Court SUSTAINS the demurrer to Plaintiff's third cause of action WITH LEAVE TO AMEND. Moreover, the Court grants Plaintiff's request for leave to amend to add to the complaint claims for negligent misrepresentation, constructive fraud and/or abuse of process, presumably to correct the d...
2024.03.26 Motion for Attorney Fees 263
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.26
Excerpt: ...$4,050 in Kim's attorney's fees. Background This is a contract case. Plaintiff sued Love Vintage and Kim (collectively, “Defendants”) to recover on an account for materials that Love Vintage purchased from Plaintiff. The purchase contract provided that the prevailing party in litigation to enforce i t would be entitled to recover attorney's fees. Plaintiff alleged that Kim was the sole owner of Love Vintage and its alter ego. However, at tria...
2024.03.21 Motion to Compel Arbitration 850
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.21
Excerpt: ...Court GRANTS Defendant's motion to compel arbitration and STAYS this action pending the outcome of arbitration. The Court sets a status conference re arbitration for December 11, 2024 at 8:30 a.m. Background This is an employment case. Plaintiff was employed by Defendant for approximately 38 years until his termination. Plaintiff alleges that Defendant discriminated against him, harassed him, denied him pay, and eventually terminated him in retal...

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