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2024.01.16 Motions to Compel Further Responses, to Deem RFAs Admitted, for Monetary Sanctions 253
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.16
Excerpt: ... to Defendant's Requests for Production (“RFP”) Nos. 1 and 11; Request for Admission (“RFA”) No. 20; and Form Interrogatory – Employment (“FIE”) Nos. 202.1, 203.1, 205.1, and 217.1. Defendant also requests monetary sanctions in the total amount of $19,951.08 in connection with the three motions to compel. The Court GRANTS Defendant's motion with respect to the requests for production and form interrogatories. The Court orders Plaint...
2024.01.16 Demurrer 770
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.16
Excerpt: ...rd, and sixth causes of action. The Court SUSTAINS Defendant's demurrer WITH LEAVE TO AMEND as to the fourth and fifth causes of action. Plamtiff may file a second amended complaint withm tw•enty days of the issuance of this order. Background This action concerns Plaintiffs' 2018 purchase of a swimming pool from Defendant. The following facts are alleged in the FAC. Plamtiffs had seen a brochure from Defendant advertising in-ground heavy duty v...
2024.01.16 Demurrer 991
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.16
Excerpt: ...OVERRULES Plaintiffs' demurrer. Background This action concerns a residential lease. Under the lease, Plaintiffs were tenants of the property owned by Defendants located at 5429 Virginia Avenue, Apartment 308, Los Angeles, California 90029 (the “Property”). Plaintiffs filed this action on June 27, 2022. The operative complaint is not the FAC, which raises claims for (1) violation of California Civil Code section 1942.4; (2) tortious breach of...
2024.01.12 Motions in Limine 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.12
Excerpt: ...t testimony under Evidence Code section 352. Having expert testimony on these legal issues would be more prejudicial than probative, and consume an undue amount of time, in light of the central issues in this case. Mr. Cippolini shall be allowed to testify to (1) the standard of care for the collection, storage, and protection of electronic date; (2) the actual procedures employed by law enforcement agencies to adequately abide by their duties in...
2023.12.28 Motion to Approve Settlement, for Attorney Fees 259
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.28
Excerpt: ...otion. The attorney's fees, at 40% of the recovery, are too high. Background Plaintiff filed this action on February 28, 2022. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges violation of PAGA for (1) failure to pay all wages; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to reimburse necessary business expenses; (5) failure to timely pay wages due upon termination; an...
2023.12.28 Demurrer, Motion to Strike 836
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.28
Excerpt: ... Cross-Complaint filed by Defendant and Cross-Plaintiff Core/Related Grand Ave Owner, LLC (“Core”). Cross-Defendants also move to strike all portions of the Cross-Complaint that refer to Holdings. The Court SUSTAINS the demurrer as to all causes of action against Holdings WITH LEAVE TO AMEND. The Court SUSTAINS the demurrer as to the remaining causes of action WITH LEAVE TO AMEND. The Court DENIES Cross-Defendants' motion to strike as MOOT. B...
2023.12.27 Request for Default Judgment 716
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.27
Excerpt: ...unt of $39,788.24; (b) costs in the amount of $689.92; (c) attorney's fees in the amount of $1,583.63. The Court enters the default judgment as requested by Plaintiff. Background This is an unlawful detainer action for payment of rent on a commercial lease. Plaintiff filed this action on June 15, 2022. Default was entered against Defendant on August 26, 2022. Legal Standard CCP § 585 permits entry of a judgment after a Defendant has failed to ti...
2023.12.21 Motion to Strike 300
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.21
Excerpt: ... argument as to whether the letter alleged to be defamatory constituted pre-litigation activity, whether the letter alleged to be defamatory is subject to the litigation privilege, and whether Defendant waived the issue by raising these issues in its reply brief. Subject to hearing argument, and possibly requesting supplemental briefing, the Court issues the following tentative ruling. The Court DENIES Defendant's motion. Background Factual Backg...
2023.12.21 Demurrer 656
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.21
Excerpt: ... Ðiled by Plaintiff Heartlung Corporation (“Plaintiff ”). The Court SUSTAINS Defendants' demurrer WITHOUT LEAVE TO AMEND as to the Ðirst cause of action. The Court GRANTS Plaintiff leave to amend its complaint so that Plaintiff may demand speciÐic performance as an item of relief for its breach of licensing agreement claim. Plaintiff shall amend its complaint within 20 days. The Court DENIES Defendants' request for sanctions. Background...
2023.12.20 Request for Default Judgment 125
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.20
Excerpt: ...gment in the amount of $203,768.77, consisting of: (a) damages in the amount of $199,800.00; (b) late fees and costs in the amount of $843.77; (c) litigation costs in the amount of $1,275.00; (d) attorney's fees in the amount of $1,850.00; Plaintiff 's request for default judgment is CONTINUED so that Plaintiff may correct its request for damages. Background On October 28, 2021, Korca executed a Line of Credit Note in the amount of $200,000.00 an...
2023.12.20 Motion for Summary Judgment 392
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.20
Excerpt: ...ely, "Defendants") moved for summary judgment or summary adjudication agamst Plaintiffs Cheyenne Robinson and Stormy Jane Eny-Edy, (collectively, "Plaintiffs") on May 12, 2023. The only defendant whose motion remains at issue is Cobarrubias. The Court DENIES Cobarrubias's motion for summary judgment. The Court DENIES Cobarrublas's motion for summary adjudication as to violations of the Bane Act (first cause of action), negligence (fourth cause of...
2023.12.19 Demurrer 351
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.19
Excerpt: ...m. Plaintiff may amend within 20 days. The Court OVERRULES Gardena's demurrer as to all other causes of action. Background The following facts are taken from the allegations in Plaintiff's Complaint. Plaintiff has been a bus driver who works for Gardena's transportation department (“G-Trans”) for more than 20 years. On September 19, 2022, Plaintiff went to the G-Trans dispatch window to meet with her supervisor, Donnie Harris. Harris asked Pl...
2023.12.19 Demurrer 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.19
Excerpt: ...her D. Mitchell and Westlake Capital Partners, Inc. (“Westlake”) (collectively, “Cross-Complainants”). The Court SUSTAINS Plaintiff's demurrer WITHOUT LEAVE TO AMEND. Background This case arises out of an investment that Plaintiff made into Defendant Westlake, his employer at the time. Westlake is a gold and silver investment dealer. Plaintiff worked for Westlake, dealing gold and silver. Plaintiff alleges that he was persuaded to purchas...
2023.12.19 Motion for Approval of PAGA Settlement 484
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.19
Excerpt: ...y LWDA of the proposed settlement and submit proof of such notice to the Court, and (2) clarify its distribution formula for the individual employees. 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 manager...
2023.12.19 Demurrer, Motion to Strike 616
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.19
Excerpt: ... ("Plaintiff). Defendants additionally move to strike certain poftions of the FAC. The Court OVERRULES the demurrer with respect to Plaintiff's first and third causes of action for retaliation and conspiracy. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND with respect to Plaintiff's second cause of action for intentional infliction of emotional distress. Plamtiff shall have 20 days to amend. The Court GRANTS the motion to strike with respect...
2023.12.19 Motion for Summary Judgment, Adjudication 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.19
Excerpt: ... First Amended Complaint (“FAC”) filed by Plaintiff Orion Precious Metals, Inc. (“Plaintiff”). In the alternative, Defendants move for summary adjudication of each of Plaintiff's causes of action and Plaintiff's prayer for punitive damages. The Court issues the tentative ruling below. However, it is subject to argument that the Court solicits on the following issues and may change based on the parties' responses on these issues: (1) Defen...
2023.12.14 Motion to Strike or Tax Costs 557
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...Tarr and Rodeo Exotic Rentals, LLC (“Rodeo”) or, in the alternative, to tax their memorandum of costs. The Court DENIES Defendant's motion and Ðinds Tarr and Rodeo's modiÐied costs of $2,031.26 to be reasonable. Background This is a declaratory relief action Ðiled by State Farm to determine its liability under an automobile collision and liability insurance policy. On July 13, 2020, Defendant Rodeo rented a car to Defendant Lovingood, w...
2023.12.14 Motion to Reopen Fact Discovery 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...hong Yang (“Plaintiff ”)'s post-termination employment, compensation, and beneÐits. The Court GRANTS Defendant's motion. Fact discovery will reopen through April 15, 2024 for the limited purpose of seeking supplemental information and documents regarding Plaintiff 's post-termination employment, compensation, and beneÐits by way of the following: 1. Defendant shall be permitted to serve a demand on Plaintiff to supplement his responses an...
2023.12.14 Motion to Compel IME 325
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...Huijara Espino (“Plaintiff ”). Defendants' motion is DENIED. Background This case arises from Plaintiff 's employment with SP. Plaintiff alleges that she was a victim of workplace harassment and discrimination based upon her medical disabilities, sex/gender and religion. Plaintiff also claims that was wrongfully terminated and that she suffered embarrassment, humiliation, and emotional distress. On November 16, 2021, Plaintiff Ðiled this ac...
2023.12.14 Motion to Compel Further Responses 879
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...Form Interrogatories – Employment, Form Interrogatories – General, and Special Interrogatories. Plaintiff also requests monetary sanctions in the amount of $5,766.00. The Court GRANTS Plaintiff 's motion in full. Defendant is ORDERED to provide complete further responses to Plaintiff 's Requests for Admissions (Set One), Form Interrogatories – Employment, Form Interrogatories – General, and Special Interrogatories, within 30 days from thi...
2023.12.14 Motion to Authorize Delivery of Summons and FAC to Secretary of State of California 213
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ... the State of California. The Court GRANTS Plaintiff's motion and GRANTS LEAVE for Plaintiff to serve Defendant Aetna with the Summons and FAC by the method set forth in California Corporations Code, section 2114, subd. (b). Background This is an action for cancellation of two older deeds of trust which encumber title to residential real property located at 1912 Las Flores Dr., Los Angeles, CA 90041 (the “Property”). Plaintiff contends that t...
2023.12.14 Motion for Judgment on the Pleadings to SAC 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...ng facts are taken from the allegations in the SAC. This case arises out of the viewing and dissemination of sexually explicit photos of Plaintiff from Plaintiffs phone by Melissa Hammond, Robert Ruiz, Matt Lents, (collectively, the "Individual Defendants"). During an investigation into overtime compensation, CHP obtamed Plaintiff's mobile phone. VVhile searching Plaintiff's phone, Ruiz and Lentz discovered sexually explicit photos of Plaintiff. ...
2023.12.11 Application for Default Judgment 209
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.11
Excerpt: ...a) damages in the amount of $57,574.84; (b) interest in the amount of $6,293.80; (c) costs in the amount of $507.79; (d) attorney's fees in the amount of $3,572.99; The Court cannot sign the form of proposed judgment that Plaintiff Ðiled as the attorney's fees must be reduced to $2,647.48 for the reasons explained below. Plaintiff may submit by the next hearing a proposed judgment changing the attorney's fees to $2,647.48 and recalculating the ...
2023.12.07 Motion for Summary Judgment, Adjudication 568
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.07
Excerpt: ...d Amended Complaint. The Court GRANTS Defendants' request for summary adjudication on the twelfth cause of action. Except as so ordered, the Court DENIES the motion. Background This action arises out of Plaintiff 's employment at DXC. Plaintiff alleges, inter alia, that during her employment, DXC discriminated against her on the basis of gender by moving her to an unfavorable position, giving unwarranted negative performance reviews, and withhold...
2023.12.07 Motion for Sanctions 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.07
Excerpt: ...quests $1,915.00 in deposition costs and $4975.50 in attorney's fees. The Court DENIES Select StafÐing's motion. Background Plaintiff Ðiled this action on April 20, 2022 against Select StafÐing, St. Clair Plastics, Inc. (“St. Clair”), and Novel Alamilla. Plaintiff seeks relief against Select StafÐing for (1) gender based harassment; (2) sexual harassment; (3) failure to prevent discrimination and harassment; (4) failure to correct and...

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