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2024.04.18 Motion to Strike 036
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.18
Excerpt: ...in accordance with the local rules and requirements. As set for more fully in the moving papers, the facts giving rise to this motion support the relief sought. This motion is based on the Notice, the Memorandum of Points and Authorities and Declaration of Cecilia D. Torello, the Request for Judicial Notice, the papers and pleadings on file in this matter, and on such other oral and documentary evidence as may be presented in support of this moti...
2024.04.18 Motion to Compel Deposition of PMQ 802
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.18
Excerpt: ... Code §54. RELIEF REQUESTED Plaintiff, Orlando Price, moves this Court for an order compelling the deposition of Defendant's Person(s) Most Qualified for Los Angeles County Metropolitan Transportation Authority re: ADA Compliance Pursuant to CCP §2025.010 et seq and 2025.230 et seq. and request for production of documents as specified in Plaintiff's deposition notice. PROCEDURAL Moving Party: Plaintiff, Orlando Price Responding Party: Defendant...
2024.04.18 Motion for Relief from Waiver of Objections 604
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.18
Excerpt: ...era Event Venue, Inc. failed to timely respond to Form Interrogatories, Set One, due to counsel's mistake, inadvertence, or excusable neglect. Due to a conflict in representation, Cullins & Grandy LLP will no longer be representing Modera Event Venue, Inc. In the process of transferring representation to new counsel, Cullins & Grandy LLP failed to timely serve a response to Form Interrogatories, Set One. This Motion is brought pursuant to Code of...
2024.04.18 Motion for Protective Order 086
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.18
Excerpt: ...wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the impositi...
2024.04.12 Motion to Set Aside or Vacate Summary Judgment 081
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.12
Excerpt: ... America, Inc's (“Defendant”\ or “SOA”), Motion for Summary Judgment (“MSJ”), and grant\ ing leave to file an Opposition to the MSJ. Plaintiff's Motion is made pursuant to California Code of Civil Procedure, section 473, subdivision (b) on the grounds that due to a clerical oversight and excusable neglect in Plaintiff's counsel's office's calendaring department, Plaintiff failed to file an Opposition to SOA's MSJ. (Declaration of Luis...
2024.04.12 Demurrers, Motion to Strike 428
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.12
Excerpt: ...RICAN CONTRACTOR INDEMNITY COMPANY, a California Company; and DOES 1 to 55, inclusive, 3 - TENTATIVE RULINGS- 2 DEMURRERS AND 1 MOTION TO STRIKE DEMURRER 1 RELIEF REQUESTED “Defendants, HHKC Development, Inc.; Kit Chan; and William Chan demur\ to Plaintiffs' FAC on the following grounds: Defendants individually and collectively demur to the entire First Amend\ ed Complaint the ground that it fails to state facts sufficient to constitu\ te a cau...
2024.04.12 Demurrer 114
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.12
Excerpt: ...�FAC”), pursuant to Code of Civil Procedure §430.10(e), on t\ he ground that each of them fails to state facts sufficient to constitute a cause of action against Defendant.” PROCEDURAL ANALYSIS Moving Party: Defendant, Calstar Motors Inc. Responding Party: Plaintiff, Gagik Grigoryan Moving Papers: Notice/Demurrer; Request for Judicial Notice; Decl. Yang; Proposed Order Opposition Papers: Opposition; Decl. Margarian; Proof of Service; Objecti...
2024.04.11 Demurrer, Motion to Strike 329
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.11
Excerpt: ...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 th\ e 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. ...
2024.04.11 Demurrer 307
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.11
Excerpt: ...on Reply Papers: No Reply as of 4/5/2024; Reply would have been due 4/4/2024 RELIEF REQUESTED Defendants demur to the Amended Complaint (AC) as follows: 1. The First Cause of Action for Breach of Contract fails to state facts\ sufficient to constitute a cause of action (CCP §430.10(e)); 2. The Second Cause of Action for Common Counts fails to state facts sufficient to constitute a cause of action (CCP §430.10(e)); 3. The Third Cause of Action f...
2024.04.05 Motion for Attorney Fees 995
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...c)(5) and applicable ca se law on the ground that Plaintiff is entitled to recover their attorney fees incurred as an element of costs pursuant to the Contract and Guaranty. The Motion will be based on this Notice, the Memorandum of Points and Authorities, the Declaration of Todd S. Garan filed concurrently herewith, the complete files and records on file herein and upon such other and further oral and documentary evidence as may be presented at ...
2024.04.05 Motion for Leave to Amend 544
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...nt's willful decision to drive above the speed limit and c ontinue operating his vehicle with knowledge that the vehicle would “slide” and lose control when he applied his brakes. Plaintiff's Motion is made pursuant to Code of Civil Procedure sections 473, subdivision (a)(1), and 576 on the following grounds: • Plaintiff deposed Defendant on January 31, 2024. There, Defendant testified that immediately before the collision, his vehicle “s...
2024.04.05 Motion for Relief from Waiver of Objections 086
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...ounds that Defendant James Wu has served responses in substantial compliance with sections 2030.010 et seq., 2031.010 et seq., and 2033.010 et seq., and the failure to serve timely responses was the result of his attorney's mistake, inadvertence, or excusable neglect. The motion will be based on this notice, the attached memorandum of points and authorities, and declaration of Lyle R. Mink; on all documents in the court file, and on any documents...
2024.04.05 Motion to Compel Further Responses 728
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...nses without objections, and for:; 2. An order compelling Defendant Shupe to Further Respond to Plaintiff's Form Interrogatory 17.1 as it related to Plaintiff Saavedra's Request for Admissions #2. 3. An award of monetary sanctions in the amount of $3,105.00 against Defendant Shupe and his attorneys of record Adam L. Robinson, LaFollette, Johnson, DeHass, Fessler & Ames, jointly and severally. Plaintiff relies on Code of Civil Procedure §128....
2024.04.05 Motion to Compel Responses 021
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...0 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. 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 presume there is one movin...
2024.04.05 Motion to Compel Responses 946
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...Interrogatories, Set One; and c) Plaintiff's Request for Production of Documents, Set One; 2. For an Order deeming Plaintiff's Requests for Admissions, Set One, to each Defendant to be admitted; and 3. For a monetary sanctions award of $2,576.67 as against each Defendant, jointly and severally, for failing to respond to discovery in good faith. This motion is made pursuant to Code of Civil Procedure §§ 2023.010, 2030.300, 2031.300, and 2033.280...
2024.04.05 Motion to Set Aside or Vacate Default 350
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: .... This motion is made pursuant to Code of Civil Procedure section 473(b) on the ground that the default judgment was taken against her through her mistake, inadvertence, surprise, or excusable neglect, Code of Civil Procedure section 473.5 on the ground that service of the summons did not result in actual notice to her in time to de fend the action, and on the Court's inherent, equitable power to set aside a judgment on the ground of extrinsic fr...
2024.03.22 Motion to Strike 055
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...ief, and ¶5 in the Prayer for Relief. This motion is made pursuant to Code of Civil Procedure §§ 435 and 436 and California Rules of Court 3.1320(i) on the grounds the Cross -Complaint includes irrelevant, false or improper matters that should be stricken. Specifically, the Complaint improperly requests punitive damages without any facts or law to support such relief. In addition, the Cross -Complaint includes allegations and references that a...
2024.03.22 Motion to Set Aside or Vacate Dismissal 006
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...he dismissal entered in this case. RELIEF REQUESTED¿ Plaintiff, Tracey Baumert moves this Court for an Order setting aside and vacating the order entered on October 9, 2023 dismissing the complaint. Said motion will be made on the grounds that Plaintiff is entitled to be relieved from said order pursuant to California Code of Civil Procedure Section 473(b) and the court's inherent powers, on the grounds that such order was entered as the res...
2024.03.22 Motion to Compel Responses, for Sanctions 604
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...CCP §2030.290 and Request for Costs, Sanctions, and Attorneys Fee s under CCP §§2023.010 et seq. and 2030.290 et seq. against Defendant Moder Event Venue, Inc., and/or it's Attorney of Record, Cullins & Grandy, LLP. Plaintiff seeks sanctions, reimbursement of costs, and attorney's fees against Defendant in the amount of $1,661.50 under Cal. Civ. Proc. Code §§ 2023.010 et seq. and 2030.290. Procedural Moving Party: Plaintiff, Gina A. Castillo...
2024.03.22 Motion to Compel Arbitration 005
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...an Order (i) compelling Plaintiff Jesse Flores (“Plaintiff”) to arbitrate her claims on an individual basis, including her individual claims brought under the Private Attorneys General Act (“PAGA”), pursuant to the terms of a valid and enforceable arbitration agreement; (ii) staying Plaintiff's non -individual PAGA claims; and (iii) staying proceedings pending completion of the individual arb itration. Manpower Defendants bring this Motio...
2024.03.22 Motion for Attorney Fees 166
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...: (1) $35,488.00 incurred in attorney's fees plus a 1.5 time multiplier in the additional amount of $17,744.00; and (2) an additional $5,000 for Plaintiffs' counsel to review General Motors LLC's Opposition, draft the Reply brief, and attend the hearing on this Motion (though they expect to spend well over ten hours on these) plus a 1.5 time multiplier in the additional amount of $2,500.00. Plaintiff also seeks enforcement of the prospective sanc...
2024.03.22 Demurrer 144
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...motion is made on the grounds that Plaintiffs on each of the grounds set forth herein in the following demurrer. 1. The First Supplemental Cause of Action fails to state facts sufficient to constitute a cause of action as detailed in California Code of Civil Procedure §430.10(e). Moving Parties, for each of these reasons, move for an order of this Court sustaining the Demurrer and Motion to Strike without leave to amend. This Demurrer and Motion...
2024.03.22 Demurrer 098
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.22
Excerpt: ...30 and California Rules of Court, rule 3.1320, and is made on the following grounds: 1. Plaintiff's first cause of action for Premises Liability fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc. §430.10(e).) 2. Plaintiff's first cause of action for Premises Liability is uncertain, ambiguous and unintelligible Plaintiff has not stated any facts or allegations as to Defendant's notice or that Defendant's conduct was...
2024.03.15 Motion to Set Aside or Vacate Dismissal 682
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.15
Excerpt: ...ntry Metropolitan Transportation Authority, Henry C. Alvarez, and Integon National Insurance Company, a corporation. On 8/15/2023, an Order to Show Cause Re: Failure to File Proof of Service was called for hearing and no appearances were made by, or for, either party. Proof of service had not been filed, so the Court indicated the following: On the Court's own motion, the Order to Show Cause Re: Failure to File Proof of Service scheduled for ...
2024.03.15 Motion to Compel Deposition 057
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.03.15
Excerpt: ...Plaintiff alleges that on or about April 27, 2021, Plaintiff was a patron at Defendant's The Coffee Bean & Tea Leaf store. (Compl. ¶7.) Plaintiff alleges that when she was walking inside of the store, she slipped and fell in a large puddle of soapy water on the floor. (Id.) Plaintiff alleges that an employee of Defendant witnessed the incident and took down an incident report. ( Id.) On 5/15/2023, Plaintiff filed an amendment to the Complaint na...

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