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2024.05.31 Demurrer to FAC, Motion to Strike 561
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.31
Excerpt: ... causes of action in Plaintiff's FAC and asks that the demurrer be sustained without leave to amend. Defendants also ask that the Court strike the request for punitive damages at ¶53 of the FAC. BACKGROUND: Plaintiff alleges he is the true owner of the property located at 1533 Bunker Ave., South El Monte, CA 91733 (the “Property”). Plaintiff began leasing the Property from nonparties, Leonel and Heladia Marquez, in 1986. In July 1989, Plaint...
2024.05.31 Motion for Terminating, Issue, Evidentiary, Monetary Sanctions 982
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.31
Excerpt: ...dress (CCP §§ 1013, 1013(a)): ok 16/+5 day lapse (CCP § 1005): ok RELIEF REQUESTED: In response to Defendants' destruction of the only video recording of Plaintiff's accident, Plaintiff asks that the Court impose terminating, evidentiary, equitable, issue and monetary sanctions as follows: (1) striking the answer of Defendants Sai Krishna Enterprise, LLC d/b/a Jewel City Inn, Sai Krishna Enterprise LLC, Kalpesh Patel and Falguni Patel and ente...
2024.05.24 Motion to Compel Responses 021
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.24
Excerpt: ... this Notice, the attached Memorandum of Points and Authorities, the Declaration of Patrick J. Torsney, Esq., the court file and on such further information as may be presented at the hearing.” (Def. Mot. p. 2-3.) [The Court notes that Movant refers to itself as “Defendants.” It appears as if this motion was filed by one Defendant, not multiple Defendants. This motion appears to be filed by Defendant, 1001 Las Lomas, LLC. The Court will pre...
2024.05.24 Motion for Summary Judgment, Adjudication 057
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.24
Excerpt: ...es that she was a patron at Defendant's The Coffee Bean & Tea Leaf (Premises) and was walking inside of the store when she slipped and fell in a large puddle of soapy water on the floor. (Compl. ¶ 7.) Plaintiff alleges that Defendant knew or should have known that the slippery substance on the surface of the floor of the store aisle constituted a dangerous condition. ( Id.) The hearing on the instant MSJ/MSA was initially scheduled for 5/10/2024...
2024.05.24 Demurrer 276
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.24
Excerpt: ...nt (SACC) filed by Tawansy, not the Second Amended Complaint.] [The Court notes that Cross-Defendant's, Lefkowitz, caption indicated that this is a demurrer and a motion to strike, but no motion to strike was ever filed.] BACKGROUND Cross-Complainant, Khaled A. Tawansy, filed the SACC on 11/09/2021. On 12/22/2023, this Court granted Lefkowitz's motion to set aside the default entered on 5/6/2022 as to Tawansy's SACC. Further, this Court notes how...
2024.05.23 Motion to Compel Responses 289
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.23
Excerpt: ...olation of Song -Beverly Act – Breach of Express Warranty, (2) Violation of Song- Beverly Act – Breach of Implied Warr anty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “Plaintiffs, GABRIELA RAMIREZ CUENCA and DAVID CHRISTOPHER GEMUS (hereinafter “Plaintiffs”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiffs' Form and Special Interrogatories, Set One ...
2024.05.17 Motion to Compel Responses 280
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.17
Excerpt: ...n of Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “Plaintiff, BENIGNO T. EVARDONE, JR. (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Requests for Production of Documents, Set One (“RFPs”). Plaintiff's Requests for Production of Do cuments, Set One, was initially served and ...
2024.05.17 Demurrer, Motion to Strike 222
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.17
Excerpt: ... FORMIDABLE ENGINEERING TECHNOLOGIES, INC., FOREMOST TECHNOLOGIES AND PRODUCTS, INC., INGA HAKHUMYAN, and LEONID HAKHUMYAN will demur to Plaintiff S.A. AEROSPACE, INC.'s Complaint filed in this matter on February 2, 2024. This Demurrer is based upon this Notice, the Demurrer, the attached Memorandum of Points and Authorities, the Declaration of Tiffany Hyatt Krog, the Request for Judicial Notice, the Complaint on file herein, the pleadings and fi...
2024.05.17 Demurrer 087
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.17
Excerpt: ...: “1. The first, second and third causes of action in the SAC are barred by the litigation privilege. Code of Civil Procedure § 47(b). Plaintiff seeks to impose liability for statements made in discovery responses in prior litigation, and in response to an a rbitration demand. These causes of action pivot on communications made in prior litigation, which are immune from liability by operation of the litigation privilege. Rubin v. Green (1993) ...
2024.05.16 Motion to Compel Responses 280
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.16
Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ “Plaintiff, BENIGNO T. EVARDONE, JR. (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were initially served and propounded on Defendant by Plaintiff o...
2024.05.16 Motion to Compel Responses 231
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.16
Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “ Plaintiff, MARIELY GARCIA -ROMERO (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were ini tially served and propounded on Defendant by ...
2024.05.09 Motion to Compel Responses 319
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.09
Excerpt: ...n of Song -Beverly Act – Breach of Express Warranty, (2) Violation of Song -Beverly Act – Breach of Implied Warran ty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “Plaintiffs, RODNEY JOSHUA THOMAS JR. AND ANTHONY ERICK ALMAZO (hereinafter “Plaintiffs”), will, and hereby do, move for an order deeming the truth of matters admitted in Plaintiffs' Requests for Admissions, Set One. Plaintiffs' Request...
2024.05.03 Demurrer, Motion to Strike 091
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.03
Excerpt: ...(e) & (f) on the grounds that each alleged cause of action fails to state a cause of action and is uncertain. In addition to demurring to each cause of action based on uncertainty and failure to state sufficient facts, Defendants demur to each cause of action because Defendants argue that each cause of action is premised on an illegal contract which is void as a matter of law. BACKGROUND Plaintiff, California Balcony, Inc., filed the instant acti...
2024.05.03 Motion to Compel Responses 598
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.03
Excerpt: ...EMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1 -50 inclusive 7 TENTATIVE RULING – COMPEL RESPONSES BACKGROUND ALL MOTIONS Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/20...
2024.05.03 Demurrer, Motion to Strike 715
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.03
Excerpt: ...he Glendale Hotel, LLC, demurs to the First, Third, Fourth, Fifth and Sixth causes of action in Plaintiffs' Complaint. Defendant demurs to such Causes of Action, pursuant to California Code of Civil Procedure § 430.10, on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Defendants. BACKGROUND Plaintiffs' Complaint arises out of personal injury and monetary damages sustained by Plaintiffs as a...
2024.05.03 Demurrers, Motions to Strike 994
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.03
Excerpt: ...DEMURRER 1 RELIEF REQUESTED Defendant Elvis Madatyan moves for an order sustaining his demurrer to the Third, Fourth, Fifth, Sixth, Seventh, and Ninth Causes of Action of Plaintiffs' First Amended Complaint (FAC) pursuant to CCP § 430.10. BACKGROUND An initial Complaint was filed in this action on 9/19/2023. There was no demurrer hearing as to the initial Complaint. The FAC was filed on 2/2/2024. The instant action surrounds allegations that sev...
2024.05.02 Motion to Strike 309
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.02
Excerpt: ...: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plaintiff's Complaint as ...
2024.05.02 Motion to Compel Responses 452
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.02
Excerpt: ...g -Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ Plaintiff, Wenderson Alexandrino, moves for an order to compel responses, without objections, to Plaintiff's Requests for Production of Documents, Set One. Plaintiff's Requests for Production of Documents, Set One, was initially served and propounded on De fendant by Plaintiff on January 9, 2024. This Motion is made pursuan...
2024.04.26 Motion to Compel Responses 598
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.26
Excerpt: ...ANAGEMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1-50 inclusive TENTATIVE RULING – COMPEL RESPONSES BACKGROUND Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/2022, a Cross...
2024.04.26 Motion to Compel Responses 297
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.26
Excerpt: ...nt, Inc. and Yuke Hou filed a Complaint against Yi Wang, Lei Zhang, and Hedi Wang on 06/21/2023. On 7/11/2023, Plaintiffs Hairun Investment, Inc. and Yuke Hou filed an ex parte application for a temporary restraining order. On 7/13/2023, the ex parte application was granted in part. On 8/2/2023, the Plaintiffs' request for a preliminary injunction was denied, and the temporary restraining order issued on 7/13/2023 was dissolved. Yi Wang filed an ...
2024.04.26 Motion to Compel Responses 122
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.26
Excerpt: ... of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty Civil Code Section 1791.2 subdivision (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability Civil Code Section 1791.1, Section 1794. RELIEF REQUESTED¿ “Plaintiff moves for an order compelling Defendant, FCA US LLC to respond to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Ad...
2024.04.26 Motion to Compel Arbitration 656
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.26
Excerpt: ...Mercedes- Benz USA, LLC moves the Court for an order (i) compelling Plaintiff Sergio De Alba Sr., et al to arbitrate all of his claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. This motion is authorized by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16, California Code of Civil Procedure § 1281 et seq. and supported by the accompanying Memorandum of Points and Aut...
2024.04.25 Demurrer, Motion to Strike 329
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.25
Excerpt: ...e Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED “Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because the common law negligence cause of action is displaced and preempted by the comprehensive scheme of regulation in California's enactment of Division 11 of the California Commercial Code applicable to wire transfers. ...
2024.04.19 Petition to Permit Late Claim Against Governmental Entity 018
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.19
Excerpt: ...petitions this Court for an order relieving her from the provisions of Government Code §945.4 on account of failure to file a timely claim against R espondent, Glendale Unified School District, as Petitioner was a minor during all of the time specified in Section 911.2 for the presentation of the claim. PROCEDURAL Moving Party: Petitioner, Greg Asaduriyan Responding Party: No Opposition by Respondent Glendale Unified School District (Respondent ...
2024.04.18 Motion to Strike 309
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.18
Excerpt: ...ions of Plaintiff's Complaint: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plai...

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