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2024.03.21 Motion for Summary Judgment, Adjudication 298
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.21
Excerpt: ... Company (“Zurich”) and as to the First Amended Complaint (“FAC”) filed by Plaintiff ACE Property & Casualty Insurance Company (“Ace”). Defendant also seeks summary adjudication as to each of Zurich's causes of action. The Court DENIES Defendant's motion for summary judgment against Zurich. The Court DENIES Defendant's motion for summary adjudication against Zurich. The Court DENIES Defendant's motion for summary judgment against Ace....
2024.03.20 Request for Default Judgment 563
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.20
Excerpt: ...of $244,035.77, consisting of: (a) damages in the amount of $222,275.00; (b) interest in the amount of $21,168.02; and (c) costs in the amount of $592.75; The Court GRANTS Plaintiff's request for default judgment. The Court will sign the proposed judgment submitted by Plaintiff. Background Plaintiff licenses seating at the Arena, a sports and entertainment venue in downtown Los Angeles. On October 26, 2021, Plaintiff and Defendant entered a licen...
2024.03.20 Request for Default Judgment 357
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.20
Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...
2024.03.19 Motion for Summary Adjudication 380
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.19
Excerpt: ...IES the motion for summary judgment. The Court DENIES the motion for summary adjudication. Background This is an employment case relating to Plaintiff's employment with Defendant. The following facts are taken from the parties' separate statements, referred to as “UMF” (Defendant's Undisputed Material Facts), “RUMF” (Plaintiff's Responses to Undisputed Material Facts), and “AUMF” (Plaintiff's Additional Material Facts). Defendant is a...
2024.03.14 Motion to Approve PAGA Settlement 238
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...
2024.03.14 Demurrer, Motion to Strike 136
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...
2024.03.14 Demurrer, Motion to Strike 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ...ant 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 with respect to ...
2024.03.14 Demurrer, Motion to Strike 033
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ...he First Amended Complaint filed by Plaintiff Rlesia White (“Plaintiff”). Defendants additionally move to strike Plaintiff's prayer for punitive damages. The Court SUSTAINS the demurrer to the first, second, third, and fourth causes of action WITH LEAVE TO AMEND as to the Individual Defendants only. Plaintiff shall have twenty days to amend. The Court SUSTAINS the demurrer to the fifth, seventh, eighth, ninth, eleventh, thirteenth, and fourte...
2024.03.12 Motion to Strike 612
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.12
Excerpt: ...o avoid confusion). The Court DENIES Jay's motion to strike. Background Jay and Frank are brothers and business partners. Each of them owns 50 percent of the outstanding shares in Modernica, Inc. (“Modernica”). Jay filed this action against Defendants Frank and Modernica, Inc. (collectively, “Defendants”) on September 20, 2022, raising claims for (1) involuntary dissolution of Modernica pursuant to Corporations Code sections 1800 and 1804...
2024.03.12 Motion to Compel Compliance, for Sanctions 588
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.12
Excerpt: ...to provide Plaintiff with the text of the outstanding discovery requests and orders Plaintiff to provide supplemental responses within 30 days of receipt of the discovery requests. The Court DENIES the request for sanctions. 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, a...
2024.03.08 Request for Default Judgment 020
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.08
Excerpt: ...ved Defendant. For service of the Defendant in Mexico, Plaintiff must utilize either the Hague Convention or the Inter -American Service Convention. The Court sets an OSC re service of process for July 10, 2024 at 8:30 a.m. to determine the status of Plaintiff's efforts to properly serve Defendant. Background This is a property dispute over the residence of Plaintiff and his wife, Maria Perez (“Maria”) (the Court uses first names only to avoi...
2024.02.29 Demurrer 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.29
Excerpt: ...C (“Plaintiff”). The Court OVERRULES Defendant's demurrer. Background This action arises out of the dispute of a lease agreement (the “Lease”). Kylale, LLC (“Plaintiff”) is the owner of real property located at 3138 W. Pico Blvd., Los Angeles, CA 90019 (the “Property”). Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader Food Service, Inc . (“FTL”). Plaintiff alleges that DAUM served as the ...
2024.02.29 Demurrer 631
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.29
Excerpt: ...ing the resolution of Los Angeles Superior Court Case No. 23STCV21442. The Court sets a status conference for October 16, 2024 at 8:30 a.m. to discuss the status of Case No. 23STCV21442. Background This is an unlawful detainer case. The following facts are taken from the allegations and attached exhibits in Plaintiff's Complaint, except where otherwise noted. Plaintiff is the owner of real property that is legally described as “Lot 446 of Tract...
2024.02.29 Motion to Strike Attorney Fees 232
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.29
Excerpt: ...t Plaintiff may demand attorney's fees from the remaining defendants. Plaintiff may amend within 20 days to assert an attorney's fee claim against defendants other than New Era. Background This is a real property dispute. The following facts are taken from the allegations of the Complaint. Plaintiff and Defendant Janet Haywood (“Haywood”) are sisters. Haywood owned the real property located at 10427 S. Denker Avenue, Los Angeles, California 9...
2024.02.22 Motion for Determination of Good Faith Settlement 209
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.22
Excerpt: ...iving Trust (collectively, “Plaintiffs”) and fellow Defendants L eo Pustilnikov (“Leo”) and Katherine Pustilnikov (“Katherine”) (all except for the City, collectively, the “Homeowners”) for equitable indemnity, apportionment, and declaratory relief. (The Court uses the Pustilnikovs' first names for clarity and means no disrespect.) The City separately moves to contest Plaintiffs' application for determination of good faith settlem...
2024.02.22 Anti-SLAPP Motion 942
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.22
Excerpt: ... Van Thrower (“Plaintiff”) under California's anti -SLAPP statu te, Code of Civil Procedure, section 425.16. Moving Defendants also demur to the Complaint and move to strike portions of the Complaint. The Court GRANTS the anti -SLAPP motion. The Court OVERRULES the demurrer as moot. The Court DENIES the motion to strike as moot. Background Plaintiff alleges that Defendants conspired to deprive him of any recovery in the wrongful death action ...
2024.02.20 Motion to Quash Service of Summons and Complaint 916
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ...Plaintiff, who is self -represented seeking reimbursement for services that he allegedly provided to Defendants. Defendants visited Los Angeles in February 2021 partially for the purpose of looking for a vacation home. (Le Decl. ¶ 8; Rivera Decl. ¶ 8.) Defendants rented a house through Airbnb and believed that Plaintiff was the owner of the home. (Le Decl. ¶ 9; River a Decl. ¶ 9.) Plaintiff offered Defendants numerous services, but Defendants...
2024.02.20 Motion for Judgment on the Pleadings 268
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ...and Ivonne Maltos (collectively, “Plaintiffs”). The Court DENIES Defendant's motion. Background This is a Lemon Law case. The following facts are taken from the allegations in the FAC. Plaintiffs purchased a vehicle (the “Subject Vehicle”) with a defective engine from Defendant. Plaintiffs allege that the type of engine installed in the Subject Vehicle had a propensity to suffer from a blockage of oil flow to the engine's moving parts, c ...
2024.02.20 Demurrer to FACC 607
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ... and Cross -Complainant PRBC VII Limited Partnership (“PRBC”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND. Background Plaintiff Lee & Associates Investment Services Group, Inc. (“Plaintiff”) alleges that it entered into a commission agreement (the Commission Agreement) with Defendant Phillips Ranch Development, LLC (“PRD”). The Commission Agreement provided that Plaintiff was entitled to commissions for the leasing by PRD,...
2024.02.15 Motion to Compel Arbitration 056
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.15
Excerpt: ...The parties shall arbitrate the claims at issue in this case. The case is stayed pending arbitration. The Court sets a status conference for November 4, 2024 at 8:30 a.m. to discuss the status of the arbitration Background This action arises out of Plaintiff's employment with Slate. Slate employed Plaintiff from July 8, 2017 to July 22, 2021. Plaintiff alleges that Andrew Doe (“Andrew”), a supervisor, harassed her and made racially discrimina...
2024.02.15 Demurrer 399
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.15
Excerpt: ...up LLC (“914”), Clara Industrial Holding LLC (“Clara”), Euro -Cuisine Inc. (“Euro -Cuisine”), and Westlake Spring, LLC (“Westlake”) (collectively, “Defendants”) demur to the complaint filed by Plaintiff Jaleh Elghanian (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND with respect to Plaintiff's fifth and sixth causes of action. The Court SUSTAINS the demurrer as to Plaintiff's seventh and eighth causes of...
2024.02.13 Motion for Summary Judgment, Adjudication 666
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.13
Excerpt: ...mary judgment against Plaintiffs Tamara Khachatryan and Edik Marcarian (collectively, “Plaintiffs”). In the alternative, Defendants move for summary adjudication of each of Plaintiff's remaining causes of action. The Court GRANTS Defendant's motion. Background This is a medical malpractice action. Plaintiff Khachatryan has a congenital condition called Congenital Adrenal Hyperplasia (“CAH”) that causes high levels of progesterone producti...
2024.02.13 Motion for Attorney Fees 487
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.13
Excerpt: ...sed of $29,330.50 in attorney's fees and $7,564.76 in costs. Defendant shall make this payment to Plaintiff's counsel within 30 days of this order. Background This is a Song-Beverly Action. On July 27, 2023, the parties agreed to settle this case when Plaintiff accepted Defendant's July 27, 2023 offer to compromise under Code of Civil Procedure, section 998. The parties settled for the amount of $162,420.00 in exchange for the surrender of the su...
2024.02.08 Motion for Summary Judgment 636
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.08
Excerpt: ...tiff's causes of action and Plaintiff's prayer for punitive damages. The Court DENIES Defendant's motion for summary judgment. The Court GRANTS Defendant's motion for summary adjudication as to Plaintiff's third, fourth, and twelfth causes of action. The Court DENIES summary adjudication as to the remaining causes of action. The Court DENIES Defendant's motion for summary adjudication as to punitive damages. Background This action arises out of P...
2024.02.08 Motion for Preliminary Injunction 720
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.08
Excerpt: ...aria Grado and Bob and Me Productions, Inc. DBA The Lemon Leaf (collectively, “Plaintiffs”) enjoining their continued presence at Antelope. The Court DENIES Antelope's motion for a preliminary injunction. Background This case concerns Plaintiffs' work as food service contractors for Antelope, a country club. On July 23, 2020, the parties entered a contract (the “Agreement”) whereby Plaintiffs provided food services for Antelope. Plaintiff...
2024.02.07 Request for Default Judgment 947
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.07
Excerpt: ...ent in the amount of $1,253,317.83, consisting of: (a) damages in the amount of $891,244.23; (b) prejudgment interest in the amount of $62,387.10; (c) costs in the amount of $1,149.00; (d) attorney's fees in the amount of $48,537.50; (e) civil penalties in the amount of $250,000.00. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiffs may submit a Form CIV- 100, provide complete evidence for his damages, provide complet...
2024.02.07 Motions in Limine 090
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.07
Excerpt: ...or is able to award no damages if the evidence supports such an award. 2. Plaintiff's MIL No. 2: Denied. Defendant is permitted to put on brief evidence of its non-profit status as basic identifying information. 3. Plaintiff's MIL No. 3: Denied. Plaintiff's decision to leave a previous hospital against medical advice may be relevant to issues of causation and damages. 4. Plaintiff's MIL No. 4: Denied. While the Court will not allow either party t...
2024.02.06 Demurrer, Motion to Strike 503
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.06
Excerpt: ...Mario Vasquez Gallegos (“Plaintiff”). Defendant also moves to strike Plaintiff's prayer for punitive damages and related allegations. The Court SUSTAINS Defendant's demurrer as to the eighth cause of action WITHOUT LEAVE TO AMEND. The Court GRANTS Defendant's motion to strike WITH LEAVE TO AMEND. Plaintiff may amend the complaint with respect to the punitive damages claim within 20 days of this order. Background This action concerns Plaintiff...
2024.02.06 Demurrer 540
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.06
Excerpt: ...e Court specifically requests argument on the fifth cause of action for malicious prosecution. Background This action arises out of a small protest that Plaintiff attended outside the house of Marqueece Dawson, a member of the Los Angeles City Council. The following facts are taken from the allegations in Plaintiff's complaint. On December 15, 2020, around 8:10 a.m., Plaintiff and several other protestors arrived outside Dawson's house to picket....
2024.02.06 Motion to Compel Deposition of PMK 722
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.06
Excerpt: ...oduction of subpoenaed documents. The Court GRANTS Plaintiff's motion IN PART, as set forth below. Defendant shall produce a responsive PMK for deposition and responsive documents within 30 days of the issuance of this order. The responsive documents must in any event be produced by the date and time of the deposition. Background This is a Song-Beverly Act action. Plaintiff purchased a new vehicle (the “Subject Vehicle”) manufactured by Defen...
2024.02.01 Motion to Strike 656
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.01
Excerpt: ... ninth, tenth, twelfth, thirteenth, fourteenth, and fifteenth causes of action (the “Disputed Counts”) of the First Amended Complaint (“FACC”) filed by Defendants and Cross-Complainants BDI, Inc. (“BDI”) and Matthew Budoff (collectively, “Cross-Complainants”). The Court GRANTS Cross-Defendants' motion. Background Defendant BDI developed intellectual property protected by multiple patents for the purpose of measuring bone density. ...
2024.02.01 Motion to Strike 469
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.01
Excerpt: ...IES Littleton's motion. Background Plaintiff alleges that Defendants Brittany Littleton and Little Love Rescue (“Little Love”) (collectively, “Defendants”) unlawfully took away his dog Luna. The Court takes the following information from the evidence submitted by the Littleton. On January 24, 2020, non-party Shayla McGhee came across a row of tents along Aaron Street in Los Angeles, where Plaintiff was living. McGhee engaged in light conv...
2024.02.01 Motion for Summary Judgment, Adjudication 882
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.01
Excerpt: ...ffs”). In the alternative, Defendant seeks summary adjudication on each cause of action and on Plaintiff's prayer for punitive damages. The Court DENIES Defendant's motion. Background This is an insurance dispute. Plaintiffs obtained a homeowners insurance policy (the “Policy”) from Defendant on March 12, 2021. (Undisputed Material Fact (“UMF”) 1.) In August 2021, Plaintiffs were the victims of a home burglary, which they reported to De...
2024.01.31 Motion for Attorney Fees 829
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.31
Excerpt: ...ests: (1) legal fees in the amount of $17,856.00; (2) costs of litigation in the amount of $844.15; (3) a permanent injunction requiring Defendants to cease renting their property within Plaintiff homeowner association for terms of less than 30 days; remove their property's listing from AirBnB; and submit a copy of any rental or lease agreement along with a completed Owner/Resident Information Form to Plaintiff within 48 hours of the beginning of...
2024.01.30 Motion to Compel Further Responses 134
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.30
Excerpt: ... The Court GRANTS Plaintiff's motion. The Court orders Defendant to provide, within 30 days of this order, (1) full and complete further responses and responsive documents to Defendant's Requests for Production (“RFP”) Nos. 13-16 and 34-35. However, Defendant shall not be required to search for emails responsive to RFP Nos. 34 and 35. The Court GRANTS Plaintiff's request for attorney's fees and costs in the amount of $2,004.15. Defendant shal...
2024.01.30 Motion to Compel Compliance with Discovery Order 151
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.30
Excerpt: ...the “October 11 Order”). The Court grants Plaintiffs' motion as follows. Honda shall produce the following documents within 30 days of this order. · Honda shall conduct searches of its Tech Line/Field Report systems and warranty database based on Defect Code 03214 and produce the resulting documents from those databases. · Honda shall produce the 13,069 emails it originally retrieved. Honda may redact them solely and only for privilege and ...
2024.01.30 Demurrer 244
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.30
Excerpt: ...efendants additionally move to strike portions of the Complaint. The Court OVERRULES the demurrer. The Court GRANTS the motion to strike Plaintiff's alter-ego, joint venture, integrated enterprise, or successor liability allegations WITH LEAVE TO AMEND. Plaintiff may amend the complaint within 20 days. The Court DENIES the motion to strike Plaintiff's punitive damages allegations. Background This action concerns Plaintiff's employment with Antelo...
2024.01.29 Application for Default Judgment 545
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.29
Excerpt: ...t of $21,859.00; and (3) costs of suit in the amount of $570.00. The Court DENIES Plaintiff's request for default judgment. Case law indicates that an assignment of interest in a debt must be reflected in the complaint in order to form a basis for a default judgment. Accordingly, service of an amended complaint reflecting the assignment will be necessary. Background This is a contract case. On April 26, 2021, Plaintiff and Defendant entered into ...
2024.01.25 Demurrer, Motion to Strike 343
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.25
Excerpt: ...urt DENIES the motion to strike Plaintiff 's claims for punitive damages. The Court GRANTS the motion to strike Plaintiff 's claim for attorney's fees for the seventh cause of action for failure to provide meal and rest breaks. Background The following facts come from Plaintiff 's SAC. Zibaali employed Plaintiff as a tire technician beginning around June 2016. In September 2017, Plaintiff suffered an injury to his leg while on the job which requi...
2024.01.25 Motion to Compel Binding Arbitration 072
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.25
Excerpt: ...urt orders Plaintiff to arbitrate his claims against Defendant. Any limitation of remedies regarding attorney's fees and costs in the arbitration agreement is severed. The request for a stay is GRANTED. The litigation is stayed pending completion of the arbitration proceedings. The Court sets a status conference re arbitration for October 15, 2024 at 8:30 a.m. Defendant shall give notice. Background Plaintiff Mark Ong (“Plaintiff”) filed this...
2024.01.25 Motion for Judgment on the Pleadings 139
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.25
Excerpt: ...he County of Los Angeles's request for sanctions. Background The Court takes the following facts from the allegations in Plaintiff's complaint Plamtiff is employed as a clerk with the County of Los Angeles (the "County'). From the end of 2019 through December 2020, Plaintiff's coworker, Tobin, allegedly made derogatory comments related to religion and race. Plamtiff complained to her managers about Tobin's conduct and requested that Tobin be move...
2024.01.25 Motion to Compel Arbitration 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.25
Excerpt: ...s matter pending arbitration. The Court GRANTS Dermalogica's motion to compel arbitration and STAYS this action as to Plaintiff 's non- individual PAGA claims pending arbitration of the issue of whether Plaintiff is an aggrieved employee. The Court sets a status conference regarding arbitration for October 2, 2024 at 8:30 a.m. Dermalogica shall give notice. Background This PAGA action concerns Plaintiff 's employment with Dermalogica and Randstad...
2024.01.23 Motion for Summary Judgment, Adjudication 139
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.23
Excerpt: ...judication on each cause of action. The Court DENIES Defendant's motion. Background Plaintiff is employed as a clerk with the County. From the end of 2019 through December 2020, Plaintiff 's coworker, Marlene Tobin, frequently yelled at Plaintiff and made allegedly derogatory comments toward her on the basis of her race. (Plaintiff 's Separate Statement of Additional Facts (“AMF”) 52, 76-78, 80, 87.) Plaintiff repeatedly complained to her man...
2024.01.23 Motion for Judgment on the Pleadings 358
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.23
Excerpt: ...mplaint ("SAC") filed by Plaintiffs Ryan Lawrence, Alex Duncan, and Tyler Diamond (collectively, the "Individual Plamtiffs"), and Beverly Hills Police Officers' Association ("BHPOA") (collectively, "Plaintiffs"). The Court CONTINUES CalPERS's motion and STAYS this action pending the outcome of the Code of Civil Procedure, section 1094.5 Writ of Mandate proceedings imtiated by Plai tiffs. The Court sets a status conference re writ of mandate proce...
2024.01.23 Demurrer 492
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.23
Excerpt: ...s action on September 18, 2023. The Complaint is styled as a “Complaint for Mandamus Damages” and states that it raises claims for (1) disability discrimination in violation of Civil Code, section 52 and 42 U.S.C. 12101; and (2) “holding a meeting in violation of open meeting law.” The following allegations come from Plaintiff 's Complaint and the declaration Plaintiff attached to the Complaint. Plaintiff has a friend is a party to a case...
2024.01.23 Demurrer 320
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.23
Excerpt: ... Hee Seo (“Plaintiff ”). Defendants additionally move to strike Plaintiff 's prayer for attorney's fees. The Court SUSTAINS Defendants' demurrer WITH LEAVE TO AMEND with respect to Plaintiff 's third cause of action for negligent misrepresentation. The Court SUSTAINS Defendants' demurrer WITHOUT LEAVE TO AMEND with respect to Plaintiff 's Ðifth cause of action for unprofessional conduct. The Court OVERRULES Defendants' demurrer with respect...
2024.01.18 Motion to Compel Compliance with Discovery Order, for Monetary Sanctions 057
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.18
Excerpt: ...mpelling Defendant Beautycon Media ABC Trust (the “Trust”) to comply with the Court's October 24, 2023 discovery order and awarding monetary sanctions against Trust and its counsel of record. The Court GRANTS Plaintiffs' motion to compel and ORDERS the Trust to serve answers compliant with the October 24, 2023 discovery order, without objection, within 30 days of this order. The Court GRANTS Plaintiffs' request for sanctions and ORDERS the Tr...
2024.01.18 Motion to Compel Binding Arbitration 072
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.18
Excerpt: ...inst Defendants to binding arbitration. The Defendants' motion to compel arbitration is GRANTED. The Court orders Plaintiff to arbitrate his claims against Defendants. The mediation and judicial reference provisions and requirements in the arbitration agreement are not enforceable and are severed from the arbitration agreement. The Court stays this matter pending completion of the arbitration. The Court sets a status conference regarding arbitrat...
2024.01.18 Motion for Summary Judgment 967
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.18
Excerpt: ...ction arises out of legal representation which Defendant provided to Plaintiff in an action dissolving her marriage to Peter Tashman. Plaintiff Ðiled a petition for dissolution of her marriage to Tashman on September 28, 1997. On January 12, 2000, a judgment was entered in the dissolution of marriage action (the “Judgment”). Tashman had three employee retirement beneÐit plans which were paid into using community property money: one at Cit...
2024.01.18 Motion for Attorney Fees 241
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.18
Excerpt: ...$14,330.24, comprised of: (1) $12,900 in attornevs fees; and (2) $1,430.24 in costs. The Court ORDERS Defendant to pay this amount to Plaintiff's counsel withm 30 days of this order. Background Plamtiff purchased a vehicle from Defendant that he alleges was defective in violation of the Song-Beverly act. On December 19, 2022, Plaintiff filed the Complaint against Defendant, alleging violations of the Song- Beverly Act. On February 3, 2023, Defend...

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