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2023.10.05 Demurrer, Motion to Strike 045
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.10.05
Excerpt: ...aint within 20 days of the Court's ruling on the demurrer of Defendant Wiefels & Son, Inc. d/b/a All Caring Solutions, which is set for hearing on October 12, 2023. The Court DENIES Defendant Vitas' motion to strike. Defendant Vitas Healthcare is ordered to give notice of the Court's order herein and provide proof of service of same within five calendar days of the Court's order. BACKGROUND This case arises from the death of James Elmer Brost (De...
2023.10.04 Demurrer, Motion to Strike 960
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.10.04
Excerpt: ...esentation. The demurrer is otherwise OVERRULED. Defendants' motion to strike is GRANTED as to the requests for attorney's fees and punitive damages in the prayer for relief, paragraphs 3 and 4 on page 10 of the Complaint. The motion to strike is otherwise DENIED. Plaintiff is ordered to file an amended complaint within 10 days of the date of this order if it chooses to amend the fifth and sixth causes of action. BACKGROUND On April 3, 2023, Plai...
2023.10.02 Motion to Compel Arbitration 613
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.10.02
Excerpt: ...es 1 through 10, alleging causes of action for violation of Song-Beverly Act – breach of express warranty, fraudulent inducement – intentional misrepresentation, and fraudulent inducement - concealment. On March 2, 2023, Defendant filed the instant motion to compel arbitration. On August 23, 2023, Plaintiff opposed the motion. On September 25, 2023, Defendant filed a reply. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon t...
2023.10.02 Motion for Summary Judgment, Adjudication 192
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.10.02
Excerpt: ... adjudication on the First Amended Cross-Complaint. Defendant Wang is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a personal property dispute. On December 29, 2018, Plaintiffs Troy Trang (Troy) and Ling Yin (Ling) (collectively, Plaintiffs) filed this action against Defendant Shu Wang (Wang) and other defendants who have since been dismissed from this action. On September 12, 2019, Plai...
2023.10.02 Demurrer, Motion to Strike 230
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.10.02
Excerpt: ...ith insurance claim as moot since the SAC does not allege a cause of action for bad faith insurance. The Court DENIES the motion to strike as moot. Defendant Mercury Insurance is ordered to give notice and provide proof of service of same within five calendar days of the Court's order. BACKGROUND This is an action arising from an automobile accident and the subsequent litigation. On January 31, 2020, Plaintiff Bin Yang was involved in an automobi...
2023.10.02 Demurrer to FAC 047
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.10.02
Excerpt: ...On November 23, 2022, Plaintiff Antonio Fernandez (Plaintiff) filed this action against Defendant J & D Liquor, Inc. (Defendant), alleging two causes of action for violations of the Unruh Civil Rights Act and violations of the California Disabled Persons Act. Following the filing of a demurrer to the original Complaint, Plaintiff filed the operative First Amended Complaint (FAC) on May 23, 2023, alleging the same causes of action against Defendan...
2023.09.29 Second Motion for Leave to Amend 755
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.29
Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND On November 9, 2022, Plaintiffs Joy Yin and Ho Seong Lee (collectively, Plaintiffs) filed this action against Defendants Nicholas Simmons (Nicholas), Cathy Simmons (Cathy), Praeger Metis, CPAs (Praeger), Genetrix George (Genetrix) (collectively, Defendants), and Does 1 to 10, alleging causes of action for injury to real property, breach of contract, ...
2023.09.29 Motion to Strike 316
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.29
Excerpt: ... Civil Rights Act case. On October 17, 2022, Plaintiff Rebecca Castillo (Plaintiff) filed this action against Defendant Indarra LLC (Defendant) and Does 1 to 10, alleging one cause of action for violations of the Unruh Civil Rights Act. On March 23, 2023, Defendant filed the instant motion to strike. On September 7, 2023, Plaintiff opposed the motion. On September 25, 2023, Defendant replied. LEGAL STANDARD – Motion to Strike “Any party, with...
2023.09.28 Demurrer to FAC, Motion to Strike 920
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.28
Excerpt: ...S the motion to strike. The Court orders Defendant to file an Answer to the First Amended Complaint within ten calendar days of this order. Plaintiffs are ordered to give notice and provide proof of service of same within five days of the Court's order. BACKGROUND This is a wrongful death case. Plaintiffs Rebeca Delgado De Gonzalez (Rebeca), by and through her successor in interest Jorge Gonzalez, and Jorge Gonzalez, individually (together, Plain...
2023.09.27 Demurrer to SAC 044
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.27
Excerpt: ...d this action against Defendants Emanate Health Intercommunity Hospital, Emanate Health Medical Care Foundation (collectively, Emanate Health) and Does 1 through 100. On July 6, 2023, after the Court sustained a demurrer to the First Amended Complaint (FAC), Plaintiff filed the operative Second Amended Complaint (SAC), alleging the sole cause of action for negligence – medical malpractice. On August 8, 2023, Defendant Emanate Health filed a dem...
2023.09.27 Motion to Strike 143
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.27
Excerpt: ...January 18, 2023, Plaintiff Michael Moreno (Plaintiff) filed this action against Defendants Esther Escandon, Robert M. Ornelas (collectively, Defendants) and Does 1 through 25, alleging causes of action for premises liability and general negligence. After Defendants filed a motion to strike Plaintiff's request for punitive damages, Plaintiff filed the operative First Amended Complaint (FAC) on June 15, 2023, alleging the same causes of action. On...
2023.09.27 Motion to Strike 696
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.27
Excerpt: ...ndar days. Defendant is ordered to give notice and provide proof of service of same within five calendar days. BACKGROUND This is a PAGA case. On March 9, 2023, Plaintiff Rafael Cuellar (Plaintiff) filed this action against Defendant Heniff Transportation Systems, LLC (Defendant) and Does 1 through 50, alleging one cause of action for violation of Labor Code section 2698 et seq., comprised of claims for failure to provide employment records, fail...
2023.09.26 Motion to Strike Settlement Agreement 960
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.26
Excerpt: ...action against Defendant Valley Power System, Inc. (Defendant) and Does 1 to 100, alleging causes of action for breach of contract, negligence, breach of covenant of good faith and fair dealing, quantum meruit, unjust enrichment, and exemplary damages. On August 14, 2023, Plaintiff filed the instant motion to strike the settlement agreement. On September 13, 2023, Defendant opposed the motion. On September 18, 2023, Plaintiff replied. LEGAL STAND...
2023.09.26 Motion to Compel Amended Responses, for Monetary Sanctions 428
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.26
Excerpt: ...o Amend His Responses to Plaintiff's First Request for Production of Documents and Produce Responsive Documents, and Request for Monetary Sanctions Against Defendant Roberto Rodriguez and/or His Attorney of Record, Michael Leight, in the Sum of $5,280 TENTATIVE RULING The Court GRANTS Plaintiff's motions to compel further responses. The Court orders Richard to provide further responses with the corresponding responsive documents to Plaintiff's Fi...
2023.09.26 Demurrer 588
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.26
Excerpt: ...ntiff Benjamin Chui (Plaintiff) filed this action against Defendants Scott Warmuth, a Professional Corporation dba Law Offices of Scott Warmuth, Scott Warmuth, Yesenia Acosta (collectively, Defendants), and Does 1 through 100, alleging one cause of action for professional negligence. Shortly After Defendants demurred to the original complaint, Plaintiff filed the operative First Amended Complaint (FAC) on May 22, 2023, against the same Defendants...
2023.09.25 Demurrer, Motion to Strike 515
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.25
Excerpt: ...IES Defendants' motion to strike as to request nos. 1-4 on the merits and DENIES the motion to strike as to request nos. 5-7 as moot given that the Court sustained the Demurrer to the Eighth cause of action – Count Two, Tenth cause of action and Twelfth cause of action without leave to amend. The Court GRANTS the motion to compel further responses to Request Numbers 1 and 2. The request for monetary sanctions is GRANTED in the reduced amount of...
2023.09.20 Motion to Compel Arbitration 933
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.20
Excerpt: ...s a Private Attorneys General Act (PAGA) action. On August 29, 2022, Plaintiff Maria Mora (Plaintiff”) filed this action against Defendants All in the Family, LP, All in the Family II, LP, All in the Family IV, LP, All in the Family V, LLC, All in the Family VI, LLC, Big Huevos Holding, LLC, Big Huevos Holding, LP, Big Huevos Holdings II, LP, Big Huevos Holdings III, LP, Randy Corrigan, Barry Tu (collectively, “Defendants”) and Does 1 throu...
2023.09.19 Motion to be Relieved as Counsel, for Summary Judgment, Adjudication 384
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.19
Excerpt: ... Esq. of The Fullman Firm, P.C., counsel for Defendant, filed a motion to be relieved as counsel. The motion is unopposed. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted, provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398, 403-40...
2023.09.07 Application for Default Judgment 181
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.07
Excerpt: ...and Above All Cleaning Corp. (“Lessee”) on the other (the “Lease Agreement”). Defendant Brett Martin Tobin dba Above All Cleaning Corp. adba BT Construction Co (“Defendant”) executed a guaranty for the payment of all sums Lessee owed under the Lease Agreement (the “Guaranty”). On approximately January 22, 2020, Lessee defaulted under the Lease Agreement. Lessor subsequently assigned the Lease and Guaranty to Plaintiff. Defendant h...
2023.09.05 Demurrer 730
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.09.05
Excerpt: ...is order. BACKGROUND On March 13, 2023, Plaintiff Jennifer Avelar Perez (“Plaintiff”) filed this action against Defendants Emanate Health Medical Center dba Emanate Health Queen of the Valley Hospital (“Defendant” or “Queen of the Valley”), Emanate Health Foothill Presbyterian Hospital (“Foothill Presbyterian”), Rosemary Yi, M.D. (“Dr. Yi”), and Does 1 through 100, alleging one cause of action for medical negligence. On June 2...

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