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2023.12.07 Demurrer 274
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.07
Excerpt: ...). The Court OVERRULES Plaintiff's demurrer to the first, second, third, fourth, sixth and seventh causes of action in the cross-complaint. The Court SUSTAINS WITH LEAVE TO AMEND Plaintiffs demurrer to the fifth cause of action for breach of express warranty. Defendants may amend the fifth cause of action within 20 days. Background This case arises out of work that Plaintiff was hired to do for Defendants as a building contractor. The building pr...
2023.12.06 Motions in Limine 838
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.06
Excerpt: ...efer to dismissed claims and parties, specifically: that Dr. Sven De Vos was a defendant dismissed from this case; that the following claims were dismissed or adjudicated: (1) harassment based on gender; (2) retaliation for complaints of discrimination and/or harassment based on gender; (3) violation of Labor Code section 1102.5; (4) defamation; (5) intentional infliction of emotional distress; and (6) Violations of the Equal Pay Act. 3. Plaintif...
2023.12.06 Application for Entry of Default Judgment 899
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.06
Excerpt: ...,141.98; (2) pre-judgment interest in the amount of $51,841.92; (3) attorney's fees in the amount of $6,945.00; and (4) costs of litigation in the amount of 676.24. Plaintiff 's request for default judgment is GRANTED. The Court ORDERS Plaintiff 's counsel to return the Confession of Judgment to counsel for Defendant upon satisfaction of this judgment and Ðile a proof of service with the Court. Background This dispute arises out of a written Wh...
2023.12.05 Motion to Compel Responses 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...rm Interrogatories”) and to compel Defendant to identify and produce documents responsive to Plaintiff 's Form Interrogatories which have not yet been produced. The Court GRANTS Plaintiff 's motion as follows. Within 30 days, Defendant shall provide complete responses to Form Interrogatory 17.1, including (i) responses for each RFA providing the information requested in subdivisions (c) and (d) of the Form Interrogatory; and (ii) a proper respo...
2023.12.05 Motion for Terminating Sanctions 493
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...endants' motion at the present time. However, the Court continues this hearing to February 15, 2024 at 8:30 a.m. The Court orders Plaintiffs to appear at the hearing either personally or through LA CourtConnect. The Court admonishes Plaintiffs to comply with all outstandmg Court orders, including the orders to appearfordeposition. DefendantcannotpreparefortrialifPlaintiffsdonotsitfor deposition. IfPlaintiffs fail to appear for deposition and comp...
2023.12.05 Motion for Terminating Sanctions 400
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...iff additionally requests attorney's fees in the amount of $4,522.50 and the re-imposition of monetary sanctions previously imposed by the Court. Plaintiff's motion is GRANTED IN PART as follows: The Court ORDERS Brent Paysinger to pay previously imposed sanctions in the amount of $1,391.25 no later than December 15, 2023. The Court ORDERS Craig Chisvin to pay previously imposed sanctions in the amount of $1,496.25 no later than December 15, 2023...
2023.12.05 Motion for Summary Judgment, Adjudication 974
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...ts affirmative defenses. Plamtiffs motion is for summary judgment is GRANTED. Plamtiff's motion for summary adjudication is DENIED AS MOOT. Background Plamtiffis the owner of the property located at 3229 Casitas Avenue, Los Angeles, California 90039 (the "Property"). (Stauffer Decl. 2.) Elite Property Management, LLC ("Elite") has managed the property on Plamtiff's behalf since September 2019. (Stauffer Decl. 1.) On February 18, 2014, Plaintiff a...
2023.12.05 Motion for Sanctions 425
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...ction Paper, Inc. ("Construction Papen (collectively, "Cross-Defenda ts"). Defendant seeks issue sanctions, evidentiaty sanctions, and monetary sanctions consisting of S8,910.00 in attorneys fees. The Court DENIES CJ's request for terminating sanctions. The Court GRANTS CJ's request for issue sanctions as follows. The following facts will be established for all purposes in this lawsuit. (a) Plamtiff operated Construction Paper as her alter ego; a...
2023.11.30 Motion to Set Aside Nunc Pro Tunc Order 300
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.30
Excerpt: ...of the The Court DENIES Plaintiffs motion. Background This case has an unusually complex procedural history which the Court summarizes as follows. On August 10, 2022, Plaintiff filed this action against Defendant Cresfivood Hills Association ("Defendant") in civil limited jurisdiction ("Limited Civil"). Plaintiff alleged causes of action for (1) defamation; (2) negligence; (3) violation of Business & Professions Code section 17200; (4) violation ...
2023.11.30 Motion to Compel Arbitration of Individual PAGA Claims, to Dismiss Non-Individual PAGA Claims 951
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.30
Excerpt: ...idual Private Attorney General Act (“PAGA”) claims to binding arbitration and dismissing her non- individual PAGA claims. Defendants' motion to compel arbitration of Plaintiff 's individual PAGA claims is GRANTED. Defendants' motion to dismiss the non-individual PAGA claims is DENIED. Defendants' request for a stay on the non-individual PAGA claims is DENIED. Plaintiff 's request to compel arbitration of the non-individual PAGA claims is DENI...
2023.11.28 Motion to Amend Judgment 921
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.28
Excerpt: ... LLC (“TCD”). The Court GRANTS Downs's motion to amend the judgment. Background Rice Ðiled this action on April 25, 2013. This action eventually proceeded to a bench trial from August 30, 2021 to September 13, 2021. The operative complaint at the time was the First Amended Complaint (“FAC”), Ðiled by Rice and two of Rice's business entities on June 12, 2017 against Downs, Kristoffer J. Kaufmann, and Nixon Peabody LLP (“Nixon”). Ju...
2023.11.28 Motion for Summary Adjudication 392
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.28
Excerpt: ...against Plaintiffs Cheyenne Robinson and Stormy Jane Eny-Edy (collectively, "Plaintiffs"). In the alternative, Defendants move for summary adjudication of each cause of action. Defendants' motion to for summary judgmentis DENIED. However, the Courtsolicits argumentasto what facts support the claims against the following individual defendants: Former Chief Cynthia Renaud, Officer Jacob Emanuel, Jennifer Estrada, Officer Evan Raleigh, and Sergeant ...
2023.11.22 Request for Default Judgment 805
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.22
Excerpt: ...Defendants”). Plaintiff requests: (1) money judgment in the amount of $422,965.90, consisting of (A) $340,000 in damages; (B) $82,530.90 in interest; and (C) $435.00 in costs; and (2) foreclosure of collateral held by Defendants. Plaintiff 's request for default judgment is GRANTED. Background This case arises out of a failure by Defendants to pay a loan based on multiple loan agreements. Plaintiff alleges that it lent a total of $400,000 to De...
2023.11.16 Motion to Compel Deposition, for Sanctions 577
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...”) (collectively, “Plaintiffs”) move to compel the deposition of non-party witness Appo Jabarian (“Jabarian”) and request sanctions against Jabarian in the amount of $1,840. Plaintiffs' motion is CONTINUED to January 30, 2024 at 8:30 a.m. for a further hearing. The Court believes that, to the extent possible, the deposition of Jabarian ought to be delayed until after a decision on any timely Ðiled anti-SLAPP motions in Case Nos. 23STC...
2023.11.16 Motion for Judgment of Possession to Enforce Settlement Agreement, for Attorney Fees 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...es. Defendants' motion is DENIED. Background Plaintiff Edmond Durham (“Durham”) Ðiled 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 property by June 30, 2023 and would n...
2023.11.16 Motion for Dismissal of Action, Expungement of Attorney Liens, and Terminating Sanctions 774
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...l Nishiyama ("Plaintiff"). Defendant's motion to dismiss is DENIED. The denial is without prejudice to Defendant's ability to file a motion for summary judgment or summary adjudication Defendants motion for terminating sanctions is DENIED. Background Plamtiff is an attorney who represented Defendant's former spouse (the "Decedent") in a divorce proceeding. In order to pay his legal fees the Decedentpermitted Plaintiff to attach liens to his commu...
2023.11.16 Demurrers to FAC, Motion to Strike 431
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...(“Plaintiff ”). Edwards additionally moves to strike the complaint. Edwards' demurrer is SUSTAINED WITHOUT LEAVE TO AMEND and this action is STAYED pending the outcome of Los Angeles Superior Probate Court Case No. B296924. Edwards' motion to strike is DENIED AS MOOT. Background This is a quiet title action. The property at issue is real property located at 1032 West 136th Street in Compton, California (the “Property”). The Property was h...
2023.11.16 Demurrer, Motion to Strike FAC 836
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...�) demur to the First Amended Complaint (“FAC”) Ðiled by Plaintiff Rosendin Electric, Inc. (“Plaintiff ”). Defendants also move to strike portions of the FAC. Defendants' demurrer is SUSTAINED WITH LEAVE TO AMEND as to the First Cause of Action (Breach of Contract) as asserted against Related; the Third Cause of Action (Violation of Prompt Payment Act); and the Fourth Cause of Action as asserted against Related (Quantum Meruit). Defenda...
2023.11.15 Motion to Enforce Settlement 433
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.15
Excerpt: ...nt in the amount of the outstanding balance under the settlement agreement, $12,250. The motion to enforce settlement agreement pursuant to CCP §664.6 is granted. The dismissal entered on July 29, 2021 is set aside and judgment shall be entered in favor of Plaintiffs and against Defendant in the amount of $12,250. Plaintiffs shall prepare the judgment. Background Plaintiffs Lorenza and Fernando Salvatierra were residential tenants of Defendant T...
2023.11.14 Motion to Compel Responses 425
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.14
Excerpt: ...r”) (collectively, “Cross-Defendants”) to provide responsive documents to CJ Concrete's Requests for Production of Documents (“RFP”) Nos. 3 and 4. Defendants' motion is GRANTED. Cross-Defendants shall produce the requested documents within 30 days. Background Plaintiff filed this action on March 3, 2021 against Defendants CJ Concrete and John C. Sarno (collectively, “Defendants”), stating claims for (1) wrongful termination in viola...
2023.11.14 Motion for Attorney Fees 274
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.14
Excerpt: ...in the amount of $19,408.61, comprised of S18,900 in attorney's fees and $508.61 in costs. Plamtiff shall pay this amount to Cohen's counsel within 30 days. Background On September 21, 2023, the Court granted Cohen's special motion to strike pursuant to the anti- SLAPP statute, Code of Civil Procedure section 425.16, striking all causes of action in Plaintiff's operative complamt against Cohen. In that order, the Court determined that Cohen was e...
2023.11.09 Motion to Dismiss TAC, Demurrer, for Sanctions 353
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.09
Excerpt: ...s to strike the TAC's request for punitive damages. Defendant's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant's motion for sanctions is GRANTED. Plaintiff shall pay directly to Defendant's counsel $15,000 in attorney's fees within 30 days of this order. Background In 2019, Plaintiff suffered an adverse ruling in an arbitration against Defendant and Defendant's owner, Robert Hayman (“Hayman”). Defendant was ordered to pay $539,491 to...
2023.11.09 Motion to Compel Further Responses 974
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.09
Excerpt: ... and cross-plaintiff Swmg House Stages, Inc. Oenant") and cross-plaintiff Genoveva Winsen (collectively, the "Tenant Parties"). The Landlord parties seek to compel further responses to the followmg discovery served on Tenant: Landlord's Requests for Production ("RFP"), Set One, Nos. 1, 2, 4, 5, 7-14, 16-19; Landlord's RFPs SetTwo, Nos. 20-26, 57, 65; Tavitian's RFPs, Set One, Nos. 1-6, 12. The Landlord parties seek to compel further responses to ...
2023.11.09 Motion to Compel Arbitration and Stay Proceedings 744
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.09
Excerpt: ...Court GRANTS Defendants' motion to compel arbitration and stay proceedings. The Court sets a status conference re arbitration for June 5, 2023 at 8:30 a.m. Defendants to give notice. Background This litigation concerns a number of transactions regarding real property located at 11000 Chalon Road in Los Angeles (the “Property”). In February 2020, Plaintiff Leeor 26 LLC (“Plaintiff ”) entered into a series of written agreements with Defenda...
2023.11.09 Demurrer, Motion to Strike 047
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.09
Excerpt: ...iff Brent Foster Beardmore (“Plaintiff”). Defendants the City and the Individual Defendants (collectively, “Defendants”) also move to strike certain allegations from the SAC. The Court (a) SUSTAINS Defendants' demurrer to the Third Cause of Action with 20 days' leave to amend; (b) OVERRULES Defendants' demurrer to the Fourth Cause of Action; and (c) DENIES Defendants' motion to strike. Defendants shall give notice. Background Plaintiff fi...

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