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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 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...
2024.02.06 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....
2024.02.01 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 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 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...
2024.01.25 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 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...
2024.01.23 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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