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2023.11.07 Motion to Compel Arbitration and Stay Action 797
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.07
Excerpt: ...his action pending the outcome of arbitration. Defendants' motion to compel arbitration and stay this action is DENIED. Background Plaintiffs purchased a 2017 Hyundai Tucson vehicle (the 'Vehicle") from Keyes Hyundai of Van Nuys ("Keyes"). (Ameripour Decl„ Exh. 2.) (Complaint 5-6.) On that day, Plaintiffs signed a Retail Installment Sale Contract ("RISC"), which included an arbitration agreement. (Ameripour Decl„ Exh. 2.) Defendant, the Vehic...
2023.11.02 Motion to Dismiss FAC, Demurrer 871
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.02
Excerpt: ...s”). As set out in this order, Royal's demurrer is OVERRULED. Background From February 1, 2017 to October 27, 2020, Plaintiffs lived at 5937 S. Avalon Boulevard, Unit 6, Los Angeles, CA 90003 (the “Property”). Plaintiffs rented the property from Royal. Plaintiffs allege that Royal failed to maintain the property, resulting in a number of conditions including plumbing problems, lack of hot water, lack of working heating facilities, pest issu...
2023.11.02 Motion to Compel Further Responses, for Sanctions 335
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.02
Excerpt: ...ors LLC (“Defendant”). Plaintiff's Motion to Compel Further Responses to RFP Nos. 13-16 and 34-35 is GRANTED as set forth below. Defendant shall produce within 30 days further written responses and documents in accordance with the Court's guidelines for production set forth below. Plaintiff 's request for sanctions is GRANTED in the amount of $2004.15. Defendant shall pay the attorney's fees directly to Plaintiff 's counsel within 30 days. Ba...
2023.10.31 Motion to Compel Arbitration 510
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.31
Excerpt: ...ion pending the outcome of arbitration. Kaiser's motion to compel arbitration is DENIED. Background Plaintiff has health insurance with Kaiser through an HMO plan issued to her husband, Michael Saltzman ("Michael"). Both Plaintiff and Michael were enrolled in Kaisers health insurance through Gold Coast Joint Benefit Trust ("Gold Coast"). Gold Coast had an agreement (the "EOC") with Kaiser under which Kaiser provided healthcare services for benefi...
2023.10.31 Motion for Leave to Conduct Neuropsychological Exam, for Protective Order 677
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.31
Excerpt: ... protective order regarding the post-examination handling of test contents, raw data, and the audio recording of the examination. Defendant City's motion is GRANTED. The details relating to the neuropsychological examination and related Court orders are set forth below. Background On October 22, 2020, Plaintiffs Salvador Barrios and Elena Barrios (“Plaintiffs”) filed a complaint against Defendants Healthy Start-East LA, Inc., Daniel Tercero N...
2023.10.31 Demurrer to FAC 072
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.31
Excerpt: ...ronment and failure to prevent harassment, discrimmation, and retaliation; SUSTAINED WITHOUT LEAVE TO AMEND with respect to Plaintiffs wrongful termination in violation of FEHA claim, on the grounds that it is duplicative of another cause of action, and SUSTAINED WITH LEAVE TO AMEND with respect to all other claims. Background On August 14, 2023, Plaintiff filed her FAC against Saks and Alicia Garcia (collectively, "Defendants"). Saks was Plainti...
2023.10.26 Motion to Compel Further Responses 308
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.26
Excerpt: ...ant”). Plaintiff's Motion to Compel Further Responses to RFP Nos. 16-21 is GRANTED as set forth below. Defendant shall produce within 30 days further written responses and documents in accordance with the Court's guidelines for production set forth below. Plaintiff shall give notice. Background Plaintiffs purchased a 2021 GMC Sierra 1500 AT4 on October 15, 2021. Plaintiff alleges the car suffered from a defective engine system, safety system, t...
2023.10.26 Demurrer, Motion to Strike 695
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.26
Excerpt: ...art Four, LLC (“Part Four”). Cross-Defendants also move to strike the punitive damages claim from the cross-complaint. Cross-Defendants' Demurrer is OVERRULED and the Motion to Strike is DENIED. Cross-Defendants shall file an answer in 20 days. Background The operative Second Amended Complaint in this action involves claims by Dortch and Sly Spectrum as plaintiffs against Joshua Golsen, Barry Golsen, Rebel Bass, LLC, GOL Capital LLC and Part ...
2023.10.25 Request for Entry of Default Judgment 805
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.25
Excerpt: ...G SANG ERIC TAK, an individual; and THE ONE1 ENTERTAINEMENT, INC., a California Corporation. Plaintiff 12 ALBANY, LLC's request for entry of default judgment against Defendants OG FARMZ, INC., a California Corporation; CHONG SANG ERIC TAK, an individual; and THE ONE1 ENTERTAINEMENT, INC., a California Corporation is CONTINUED to November 22, 2023 at 8:30 a.m. to allow Plaintiff to file a new declaration in support of attorney fees with the correc...
2023.10.24 Motion to Compel Responses, for Sanctions, Demurrer, Motion to Stay Proceedings 057
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.24
Excerpt: ...ents and move for monetary sanctions against Defendant BeautyCon Media ABC Trust (the “Trust”) and its counsel that was filed on June 16, 2023, and set for hearing on October 24, 2023. Plaintiffs' motion to compel responses to Request for Production, Form Interrogatories, Special Interrogatories, and Production of Documents is GRANTED. The Trust shall provide responses without objection and any additional documents within 30 days. The Court a...
2023.10.24 Motion to Compel Arbitration 394
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.24
Excerpt: ...nia Arbitration Act. The motion of SPS to compel arbitration is GRANTED. The Court stays this case pending the outcome of the arbitration. Background This action arises out of an employment dispute. Plaintiff Jose Nunez (“Plaintiff”) brings this action against Defendants SPS Technologies, LLC (“SPS”), Precision Castparts Corp. (“Precision”), Alex Morris (“Morris”) and Maile Ashdown (“Ashdown”). Plaintiff worked for SPS and Pre...
2023.10.24 Demurrer 834
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.24
Excerpt: ...s action concerns Plaintiffs' claims that the duplex residence at which they lived, located at 6810 S. Van Ness Avenue in Los Angeles, was not habitable. Defendant Irene Terrell (“Defendant”) owns the building, which is managed by her family members. On August 31, 2022, Plaintiffs filed Nickiah Sims v. Irene Terrell, et al., case number 22STCV28503 assigned to Department 12 of the Los Angeles Superior Court (the “Earlier Action”). The Ear...
2023.10.20 Motions in Limine 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.20
Excerpt: ...ces to CalECPA should be excluded from trial. At a minimum, the statute provides relevant background information, including as to Plaintiff's expectation of privacy. 2. Defendants' Motion In Limine No. 2: Granted. The testimony of Ramiro Durazo, Jesus Gomez and Edward Rice shall be excluded. As with any other motion in limine, to the extent that Plaintiff believes that the evidence of these witnesses becomes relevant and admissible, she shall bri...
2023.10.19 Motion to Strike 991
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.19
Excerpt: ...nt Luzelba Lozano Mansour (“Defendant Luzelba”) Answer to the First Amended Complaint. The Court uses the first names of defendants for clarity. No disrespect is intended. Plaintiffs' demurrer is SUSTAINED with leave to amend as to Defendant Zaki's fifth, twelfth, sixteenth, nineteenth, twentieth, and twenty-third affirmative defenses. Defendant Zaki shall amend the answer within 10 days. Plaintiffs' demurrer is OVERRULED as to Defendant Zaki...
2023.10.19 Motion to Compel Further Responses, for Sanction 084
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.19
Excerpt: ... provide further responses and responsive documents to Plaintiff's Requests For Production of Documents 13-16 and 34-35 within 30 days in accordance with the guidelines set forth below. Plaintiff's request for sanction is GRANTED. Defendant shall pay Plaintiff's counsel $1,761.65 within 30 days. Background - In 2022, Ma Guadalupe Alvarez-Ramirez (“Plaintiff”) purchased a 2022 Chevrolet Trax (“Vehicle”) from General Motors LLC (“Defendan...
2023.10.19 Motion for Summary Judgment 410
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.19
Excerpt: ...a Flowers's (“Plaintiff”) race harassment claim. The motion is opposed. Defendants' motion for summary judgment is DENIED. Background Plaintiff brought this wrongful termination action against Defendants, alleging two causes of action for (1) race harassment in violation of Gov't Code §§12940 et seq. and (2) race discrimination in violation of Gov't Code §§12940 et seq. However, on March 20, 2023, the Court entered the parties' joint stip...
2023.10.19 Motion for Protective Order 677
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.19
Excerpt: ...tion for a protective order is GRANTED. Plaintiff shall give notice. Background Plaintiffs Salvador Barrios and Elena Barrios bring this action against Healthy Start- East LA, Inc., Daniel Tercero Neri, County of Los Angeles, City of Commerce, Karapet Dzheragyan, Henry Loaiza, Anait Krgatbashyan, Lusine Krgatbashyan, Siranush Krgatbashyan, and Casa de Angeles Cal. Corp. Plaintiffs allege causes of action for: (1) negligence (motor vehicle collisi...
2023.10.19 Demurrer, Motion to Strike 738
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.19
Excerpt: ...fth cause of action with leave to amend. Plaintiffs shall amend the twelfth cause of action within five days. Defendants' Motion to Strike is DENIED. Defendants shall give notice. Background - This action arises out of allegations of uninhabitable renal units. Hamid Mirghambari and several plaintiffs (collectively, “Plaintiffs”) filed suit against Peyman Jacob Yadegar, Tarzana Five Properties LLC, Sergio Romero, Tarzana Five LLC, and Fachoy L...
2023.10.17 Demurrer 416
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.17
Excerpt: ... LEAVE TO AMEND. Defendant shall answer the FAC within 10 days. Defendant shall give notice. Background On September 26, 2022, Plaintiff America Best Construction Inc. (“Plaintiff”) filed a complaint against Defendants Cherie Chen and Does 1 through 10, alleging causes of action for: (1) breach of oral contract; (2) breach of written contract; and (3) money had and received. The complaint arises from the alleged failure to pay money pursuant ...
2023.10.12 Motion to Strike 729
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.12
Excerpt: ...Espinoza shall have 10 days leave to file a First Amended Answer that is verified in accordance with CCP §446. (2) Plaintiff/Cross-Defendant Carreno and Cross-Defendant Brenton Horner (“Horner”) (collectively, “Carreno/Horner”) move to strike portions of Espinoza's Cross- Complaint filed on May 8, 2023. Carreno/Horner's Motion to Strike is granted as to Items 4 and 6 of the prayer for relief as these items relate to Carreno and Horner an...
2023.10.12 Motion to Seal Docs 568
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.12
Excerpt: ... that the Court strike and remove from the public record the unredacted Motion for Summary Adjudication and supporting documents. The Court continues this motion to seal to November 16, 2023 at 9:30 a.m. so that the Defendants can take the following actions: · By no later than October 26, 2023, the Defendants must file redacted versions of the documents that they seek to seal that comply with the Court's rulings below. While the Court agrees tha...
2023.10.12 Motion to Compel Further Responses 968
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.12
Excerpt: ...equests for Production of Documents, Set One, Nos. 21, 22, 31- 39, and 46-53. The motion is opposed. Plaintiffs' motion to compel further responses is GRANTED IN PART and DENIED IN PART as follows. The motion is GRANTED with regard to requests Nos. 37, 38, 39 (each limited to customers in California) and Nos. 51, 52, and 53 (each excluding email communications). Defendant is ordered to produce further, code- compliant responses to those requests,...
2023.10.12 Motion to Compel Arbitration and Stay Action 661
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.12
Excerpt: ...o compel arbitration is DENIED. Background Plaintiff Balbir Dogra (“Plaintiff”) purchased a “Mercedes-B S560V” automobile model (“Subject Vehicle”) at an undisclosed time from an authorized retailer of Defendant Mercedes-Benz USA, LLC (“Defendant”). In July 2022, the Subject Vehicle malfunction and remained locked while Plaintiff's toddler grandson was still inside. It was only after firefighters arrived at the scene and broke the...
2023.10.12 Demurrer 090
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.12
Excerpt: ...at Plaintiff's First Amended Complaint is uncertain and fails to state sufficient facts to constitute causes of action for Elder Abuse – Neglect, and Elder Abuse – Financial. Demurrer is OVERRULED, as to the 1 st cause of action, and SUSTAINED, with leave amend as to the 3 rd cause of action. Motion to Strike is DENIED, as to the 1 st cause of action, and DENIED AS MOOT as to the 3 rd cause of action. Background Plaintiff Antonio Gallegos, an...
2023.10.10 Petition to Confirm Contractual Arbitration Award 751
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.10
Excerpt: ...e Maher is GRANTED. Background On March 29, 2022, Plaintiff Jane Maher (Maher) filed a Complaint against Defendants Bella+Canvas, LLC, and DOES 1 through 20, inclusive, alleging causes of action for (1) violation of whistleblower protection pursuant to Labor Code § 1102.5; (2) retaliation and discrimination in violation of Labor Code §§ 6310-6311; and (3) wrongful termination in violation of public policy. On May 31, 2022, an Order Re Stipulat...

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