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2023.10.10 Motion to Compel Further Responses 921
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.10
Excerpt: ...fendant to serve further response to RFP No. 21 as set forth below within 10 days. Background Plaintiff filed this action against Defendant FCA US LLC pursuant to the Song- Beverly Act (Civil Code §1790-1795.8). On October 18, 2020, Plaintiff purchased a 2020 Jeep Renegade (the “Vehicle”) manufactured or distributed by Defendant FCA. After purchase and during the warranty period, the Vehicle allegedly contained or developed defects, includin...
2023.10.10 Motion to be Relieved as Counsel 879
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.10
Excerpt: ...elieved as counsel is granted. Background Plaintiff was employed as a concierge for Defendant Black Exclusive Security, Inc. Plaintiff alleges Defendant committed multiple Labor Code violations during his employment. Plaintiff filed a complaint on November 1, 2022 against Defendant alleging: (1) failure to provide overtime wages; (2) failure to pay minimum wage; (3) failure to provide meal periods; (4) failure to provide rest breaks; (5) failure ...
2023.10.10 Motion for Leave to File SACC 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.10
Excerpt: ... Lang-Tanaka's Motion for Leave to File Second Amended Cross-Complaint is GRANTED with the exception of the following paragraphs of the proposed Second Amended Cross-Complaint: all allegations relating to the alleged theft of the Infiniti automobile, including (a) paragraphs 92 to 98 of the fourth cause of action; (b) the last sentence of paragraph 113 in the fifth cause of action; (c) paragraphs 114 to 119 in the fifth cause of action; (d) parag...
2023.10.10 Demurrer to FAC 986
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.10
Excerpt: ... the second causes of action with LEAVE TO AMEND. Plaintiffs shall have 20 days to amend the complaint. Background On September 29, 2022, Plaintiff Aura Garrido Chavez, Joel Chavez, and German A. Garrido (Plaintiffs) filed a Complaint against Defendants and DOES 1 through 50, inclusive, alleging causes of action for (1) real property partition and sale; (2) breach of contract; and (3) declaratory relief. December 28, 2022, Plaintiffs filed a Firs...
2023.10.05 Motion to Return Jurisdiction to Superior Court, Stay Proceedings 574
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.05
Excerpt: ...diction to the Superior Court and 2) Stay proceeding regarding costs and fees until the related case is resolved. NMA's motion to return jurisdiction to the Superior Court and stay proceedings is DENIED. As the motion is denied, the motion for attorney's fees and the motion to strike costs are taken off calendar as they are properly before the judicial referee and not this Court. Defendant shall give notice. Background Plaintiff National Merchant...
2023.10.05 Motion to Compel Deposition, IME 064
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.05
Excerpt: ...“Plaintiff”) alleges that while working at El Pollo Loco restaurant, owned by W.K.S. Restaurant Corporation, Nathan Olivares (“Olivares”) sexually harassed her on multiple occasions. (Complaint, ¶ 6.) Plaintiff alleges that she informed Olivares the sexual harassment was unwelcome and informed two separate managers but was only met with reduced hours. (Complaint, ¶¶ 7, 8, and 14.) After no corrective action was taken, Plaintiff sent ma...
2023.10.05 Motion for Assignment Order, for Restraining Judgment Debtor 789
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.05
Excerpt: ...Inc., a California Corporation, and John Nicholas Bartolozzi move for a Motion for Assignment Order and for Order Restraining Judgment Debtor. The Court DENIES Plaintiffs' Motion for Assignment Order and for Order Restraining Judgment Debtor. Background On July 6, 2021, Plaintiffs/Judgment Creditors Physician Assistant, RTAL Inc., a California Corporation and John Nicholas Bartolozzi (“Creditors”) filed the instant action against Defendants/J...
2023.10.05 Demurrer 705
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.05
Excerpt: ...tiff filed an unlawful detainer complaint against Defendants. The complaint arises from an alleged failure to pay rent. The complaint alleges that Defendants were served with a 3-Day Notice to Pay Rent or Quit (the “Notice”) and that Defendants failed to comply with the Notice. The Notice is attached as Exhibit 2 to the complaint. Proof of service as to the Notice is attached as Exhibit 3 to the complaint. On May 18, 2023, Defendant Mirna Mar...
2023.10.05 Demurrer 060
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.05
Excerpt: ...ave to amend. Background On April 28, 2022, Plaintiff WM Sunset & Vine, LLC (“Landlord”) filed a complaint against Defendant Gosh Enterprises, Inc. alleging a sole cause of action for breach of contract. The complaint arises from the breach of a guaranty agreement (the “Guaranty”) between Gosh and WM as to a premises located at 6333 Sunset Boulevard, Hollywood, California (the “Premises”). On February 23, 2023, Cross-Complainants Gosh...
2023.10.04 Request for Entry of Default Judgment 767
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.04
Excerpt: ... Plaintiff ODK Capital, LLC's request for entry of default judgment against Defendants 6C LLC, a limited liability company and Feng Li, an individual is CONTINUED to October 16, 2023 at 8:30 a.m. to allow Plaintiff to file a summary of the case as required under CRC, rule 3.1800(a)(1). Background On May 12, 2023, Plaintiff ODK Capital, LLC, a Utah limited liability company (Plaintiff) filed a complaint against Defendant 6C LLC, a limited liabilit...
2023.10.04 Motion for Default Judgment 731
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.04
Excerpt: ...nd On March 3, 2023, Plaintiff Ferguson Enterprises, LLC (“Plaintiff”) filed this action against Defendants Ho Kyung Lee and Hae Kyung Lee, as Trustees of the Lee Family Trust, and Union Lee Construction, Inc. (collectively, “Defendants”) for (1) foreclosure of mechanic's lien; (2) mechanic's lien release; (3) breach of contract; and (4) personal guaranty. On July 13, 2023, the clerk entered default judgment as to Defendants. On August 3,...
2023.10.03 Motion for Attorney Fees 974
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ... Ara Tavitian, and Avedis Tavitian (“the Kanon Parties”) move for an award of attorneys' fees against cross-complainants Swing House Stages, Inc. (“Swing House”) and Genoveva Winsen (“Winsen”) (collectively “Cross-Complainants”) in the amount of $326,469.76. The Court DENIES the motion as to Cross-Complainant Genoveva Winsen. The Court GRANTS the motion as to Cross-Complainant Swing House Stages, Inc., but deferred for further bri...
2023.10.03 Motion to Compel Further Discovery Responses 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ...ff's Request for Production of Documents (Set One), which he propounded on April 27, 2023. Plaintiff's motion is GRANTED in its entirety. The court imposes sanctions on Defendant in the amount of $2,497.50. Background On August 4, 2022, Plaintiff sued Defendant and eleven other entities and individuals for breach of fiduciary duty, fraud (in three iterations), conversion, quiet title, unfair business practices, partition by sale, and an accountin...
2023.10.03 Motion for Summary Judgment 060
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ...gle cause of action for breach of contract. Gosh and another party, BBB Operating CA-1, LLC (“BBB”), cross-complained against WM on May 1, 2023 for breaches of implied covenants of good faith and fair dealing appearing in BBB's lease contract and Gosh's guaranty, respectively. WM now moves for summary judgment or, in the alternative, summary adjudication as to the third through twenty-fourth and twenty-sixth through thirty-third affirmative d...
2023.10.03 Motion to Compel Further Responses 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ...ff” or “Orion”) filed a motion for an order (1) compelling Defendant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant” or “PGG”) to respond to Plaintiff's Special Interrogatories (Set One) in a legally compliant manner; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Def...
2023.10.02 Motion to Compel Arbitration and Stay Proceedings 601
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.02
Excerpt: ...er 2, 2023 Calendar Number: 10 Defendants Weiss Accountancy Corporation, Weiss Accountancy LLP and Scott Weiss (“Defendants”) have moved to compel arbitration and stay proceedings. Defendants' Motion to Compel Arbitration and Stay the Action is GRANTED. The case management conference and informal discovery conference scheduled for today shall go off calendar. The Court sets a status conference regarding status of arbitration for June 28, 2024...
2023.09.28 Motion for Summary Judgment, Adjudication 588
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.28
Excerpt: ...Number: 4 Defendant Samuel Freshman (“Freshman”), who was sued both individually and as trustee of the S and A Freshman Trust, U/T/A 6/28/89 (hereinafter, the “Trust”). Freshman moves for summary judgment (or, in the alternative, for summary adjudication) as to the remaining claims in this case (the “Motion”). For the reasons explained below, the Court DENIES Freshman's Motion. Background Tatiana Solomon and her husband, Norman Solomo...
2023.09.26 Motion to Compel Responses, to Deem Facts Admitted 971
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ...ntiff) moves to compel initial responses from defendant FCA US, LLC (FCA) to her (1) form interrogatories, set one (2) special interrogatories, set one, and (3) requests for production of documents, set one, and to deem admitted the matters referred to in her requests for admissions (RFAs), set one. She also requests monetary sanctions. The motions to compel are DENIED as moot because FCA has belatedly served discovery responses to the discovery ...
2023.09.26 Motion to Compel IME 325
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ...ychiatric examination. Defendants' motion is DENIED without prejudice. Background On November 16, 2021, plaintiff Espino sued defendant SP Plus Corporation, her employer, and affiliated individuals Ernesto Cerna and Roberto Pacheco, alleging twelve causes of action: (1) disability discrimination, (2) religious discrimination, (3) failure to reasonably accommodate a disability, (4) failure to engage in an interactive accommodation process, (5) vio...
2023.09.26 Motion for Final Approval of Class Action Settlement 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ... On September 1, 2020, Plaintiff Alison Andrade (“Class Representative” or “Plaintiff”) filed a complaint against Defendant Urban Outfitters for wage and hour action allegations in violation of California State Law. The Complaint alleged (a) failure to accurately pay overtime wages, (b) failure to pay minimum wages, (c) failure to provide meal periods and failure to pay an additional hour's pay in lieu of providing a meal period, (d) fail...
2023.09.21 Motion to Compel Production of Docs 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ...dant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant”) to produce documents in accordance with its prior statement of compliance in response to Plaintiff's Request for Production, Set One; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Defendant to provide further complete, veri...
2023.09.21 Motion for Leave to File SAC 925
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ...ions for the reasons explained below. Background On July 7, 2021, Plaintiffs Kevin Korosh Shahin (“Shahin”) and Azadeh Tadayon (“Tadayon”) (collectively, “Plaintiffs”), initiated this legal malpractice action against Defendants Fischbach & Fischbach and Joseph S. Fischbach (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on December 3, 2021, and it alleges the following causes of action: (1...
2023.09.21 Demurrers, Motion to Expunge Lis Pendens 869
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ... Cross-Complainant, v. SONNY ASTANI, an individual; BONSALL PROPERTIES LLC, a California Limited Liability Company, and ROES 1 through 10, Cross-Defendants. Defendant Robert Seng demurs to Plaintiff Bonsall Properties LLC's complaint on the grounds that each cause of action fails to state a claim and is uncertain. The court sustains Defendant's demurrer with leave to amend. Plaintiff shall amend the complaint within 20 days. Background This actio...
2023.09.20 Pitchess Motion 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.20
Excerpt: ...045, the custodian of records must bring Connie Guzman's personnel records to this Court on September 26, 2023 at 10:00 a.m. for an in camera review. (People v. White (2011) 191 Cal.App.4th 1333, 1335.) The custodian of records must be prepared to give sworn testimony regarding the documents so produced, as well as testimony regarding any documents that are part of the personnel record that were not produced and the reasons they were not produced...
2023.09.19 Motion to Compel Arbitration, to Stay Action 079
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...ainst it. Thorson also asks that the action be stayed pending arbitration. Defendants Angel Salcido, Karina Patlan, Allynn Magnolia, Hector Melendes and Jose Alberto Loreto (“Individual Defendants”) filed a Joinder to Thorson's Motion to Compel Arbitration. Defendant Thorson's Motion to Compel Arbitration is granted. Defendant Thorson's request to stay this action pending completion of arbitration is granted. The action is stayed pending comp...

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