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2024.05.30 Motion for Terminating Sanctions or Evidentiary Sanctions 519
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.30
Excerpt: ...aintiff is DENIED. I. BACKGROUND Plaintiff Roland Whitfield brings this contractual fraud action against Defendants Music Royalty Consulting, Inc., Parviz Omidvar, Oliver Omidvar, and O'Neal Omidvar. Plaintiff's first amended complaint asserts causes of action for: (1) anticipatory breach of contact; (2) breach of implied covenant of good faith and fair dealing; (3) fraud in the inducement; (4) specific performance; and (5) declaratory judgment. ...
2024.05.30 Motion for Summary Judgment, Adjudication 384
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.30
Excerpt: ...TENTATIVE RULING Defendant LAUSD's motion for summary adjudication as to Plaintiff's first and third causes of action are DENIED. Defendant LAUSD's motion for summary adjudication as to Plaintiff's second and fourth causes of action are MOOT. I. BACKGROUND On November 4, 2022, Plaintiff John Doe J .V. ("Plaintiff") filed this action against Defendants Doe 1, a public entity, and Does 2 through 60, inclusive, asserting the following causes...
2024.05.29 Request for Entry of Default Judgment, to Serve Through Secretary of State 794
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.29
Excerpt: ...intiff's request for entry of default judgment against Defendant Ryan Orojenilak is GRANTED. Plaintiff's application to serve Defendant Metco Group, Inc. through the Secretary of State is GRANTED. Plaintiff is ordered to serve the summons on the Secretary of State for Defendant Metco Group, Inc. I. BACKGROUND On May 12, 2021, Plaintiff Claidin Davidoff the instant action against Defendants Ryan Orojenilak and Metco Group, Inc. (collectively “De...
2024.05.29 Motion to Compel Further Answers 569
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.29
Excerpt: ...4 and 42 is GRANTED. Defendant shall serve supplemental responses within 30 days of the Court's order. The Court DENIES Plaintiffs' request for sanctions. I. BACKGROUND On May 12, 2021, Plaintiffs Greg Smith and Lorraine Smith brought this action against Defendant General Motors, LLC. On August 23, 2023, Plaintiffs filed a Second Amended Complaint (“FAC”) asserting 4 causes of action for: (1) Breach of Implied Warranty of Merchantability unde...
2024.05.29 Motion for Reconsideration, to Seal Docs, Continue Trial 460
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.29
Excerpt: ...S SUBMITTED IN PLAINTIFF'S OPPOSITION TO MOTION TO CONTINUE TRIAL DATE AND RELATED DATES (filed 2/27/2024) (3) DEFENDANTS' MOTION TO CONDITIONALLY SEAL EXCERPTS OF PAUL MOORE DEPOSITION TRANSCRIPT AND REPLY IN SUPPORT OF DEFENDANTS' MOTION TO CONTINUE TRIAL DATE AND RELATED DATES (filed 3/01/2024) (4) DEFENDANTS' MOTION TO SEAL: (1) PLAINTIFF'S OPPOSITION TO MOTION TO CONTINUE TRIAL DATE AND RELATED DATES; (2) EXHIBIT 1 TO GERBER DECL. IN SUPPORT...
2024.05.24 Motion to Compel Compliance with Subpoena for Records of Third Party Witness 019
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...3) TENTATIVE RULING The Motion to Compel Compliance with Subpoena for Records of Third Party Witness is DENIED. I. BACKGROUND This case arises out of a complaint for elder abuse filed by Plaintiff and Cross -Defendant Claudia Neuman against Defendant and Cross -Complainant Evie Ryland (“Ryland”). In the Complaint, Plaintiff and Cross- Defendant Claudia Neuman alleges, among other things, that Ryland exerted undue influence on Marian Neuman (�...
2024.05.24 Motion to Amend Complaint, to Stay 106
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...C) (1) PLAINTIFF/CROSS -DEFENDANT HOMELAND'S MOTION TO AMEND COMPLAINT (filed 04/25/2024) (2) DEFENDANT/CROSS -COMPLAINANT WESCO'S MOTION TO STAY (filed 05/01/2024) TENTATIVE RULING Homeland's motion to amend the first amended complaint is GRANTED. Homeland is ordered to file the proposed First Amended Complaint in ten (10) days. Wesco's motion to stay is GRANTED. I. BACKGROUND This is an insurance coverage dispute between insurance carriers whic...
2024.05.24 Motion to Amend Complaint 229
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...S MOTION TO AMEND COMPLAINT (filed 03/28/2024) TENTATIVE RULING Plaintiff's motion to amend Complaint is DENIED. I. BACKGROUND On September 4, 2020, Plaintiffs Animal Protection and Rescue League, Inc. (“APRL”), and Dina Kourda (“Kourda”) (collectively “Plaintiffs”) filed a Complaint. The operative pleading is the Second Amended Complaint (“SAC”) which alleges causes of action fo r (1) Consumer Legal Remedies Act, (2) unfair busin...
2024.05.24 Motion for Leave to File SACC, to Compel Further Discovery Responses 664
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...ES TO REQUEST FOR PRODUCTION SET 4 (filed 04/02/2024) TENTATIVE RULING Defendant/Cross -Complainant's motion for leave to file the Second Amended Cross -Complaint is GRANTED. Defendant/Cross -Complainant is ordered to file the proposed Second Amended Cross -Complaint in ten (10) days. Plaintiff/Cross -Defendant's motion to compel is DENIED. I. BACKGROUND On August 11, 2021, Plaintiff The Machine Group (“TMG”) filed this action against Defenda...
2024.05.23 Motion to Quash Subpoena 614
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.23
Excerpt: ..., Plaintiffs H. Duane Weaver (“Weaver”) and Negative Asset Limited Partnership filed this action against Defendants Lance Jay Robbins Paloma Partnership, 7 th St. Associates, Inc. and Lance Jay Robbins (“Robbins”). Plaintiffs' Complaint alleges the following causes of action: (1) Breach of Fiduciary Duty; (2) Breach of Contract; (3) Abuse of Control; (4) Appointment of Receiver; (5) Declaratory Relief; (6) Accounting; (7) Violation of Ins...
2024.05.23 Demurrer to FACC 684
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.23
Excerpt: ...d third causes of action are OVERRULED. Cross -Defendant's demurrer to the First Amended Cross -Complaint's fourth cause of action is SUSTAINED with leave to amend. Cross -Defendant's motion to strike is DENIED. I. BACKGROUND On May 11, 2023, Plaintiff McGausa LLC (“McGausa) filed this action against Defendant Michelle Liu (“Liu”). This action arises from a landlord and commercial tenant dispute. On March 8, 2024, Liu filed a First Amended ...
2024.05.22 Motion for Preliminary Injunction 706
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.22
Excerpt: ...iled this action against Defendants John Tiung Han Li and Julie Michelle Yabu (collectively “Defendants”). On December 13, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Trespass to Land (Continuing Trespass), (2) Financial Abuse of Elder or Dependent Adult, (3) Quiet Title, and (4) Injunctive Relief. The parties are adjoining neighbors. Plaintiff alleges that Defendants' trees and planter at th...
2024.05.22 Motion to Dismiss Case 747
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.22
Excerpt: ... Maria Cecelia S. Doratan pursuant to Code of Civil Procedure sections 583.410(a) and 583.420(a)(2) . I. BACKGROUND On December 2, 2019, Plaintiff Ashley Aarons, individually and as trustee of the Ashley Aarons 2015 Trust dated May 15, 2015, (“Plaintiff”) filed this action against Defendants: Alliance Portfolio Private Equity Finance, Inc.; George Wong, Trustee of the George Wong Retirement Plan; Robert N. Cleaves and Emmy S. Cleaves, Trustee...
2024.05.22 Petition for Preservation of Evidence 300
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.22
Excerpt: ...itioner Kam's Automotive, Inc. (“Petitioner”) filed the instant Petition for an Order Authorizing Preservation of Evidence. Petitioner contends that it expects to be defendant in an action cognizable in a court in the State of California, namely an action related to an automobile accident that occurred on August 2, 2022 in Los Angeles, California. Petitioner's expectation is ba sed on a letter of representation dated August 23, 2022, which in...
2024.05.21 Motion for Summary Judgment, Adjudication, for Production of Evidence of Financial Condition 995
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.21
Excerpt: ...'S MOTION FOR ORDER FOR DEFENDANTS TO PRODUCE EVIDENCE OF THEIR FINANCIAL CONDITION SUBJECT TO PROTECTIVE ORDER (filed by Plaintiff on 3/20/24) TENTATIVE RULING Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's first, second, third, fourth and fifth causes of action, and as to punitive damages. Plaintiff's Motion for Summary Adjudication is DENIED as to Issue Nos. 1 -4 and GRANTED as to Issue No. 5. The Court GRANTS Plaintiff's ...
2024.05.21 Demurrer, Motion to Strike 820
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.21
Excerpt: ...h causes of action is SUSTAINED with 20 days leave to amend. The motion to strike is DENIED. BACKGROUND On December 6, 2023, Plaintiffs Anna E. Rubio (“Anna”), a deceased dependent adult, by and through her Successor in Interest, Ruby Pacheco; and Ruby Pacheco, individually, filed this action against Defendants B.V. General, Inc., and East Los Angeles Healthcare, LLC jointly doing business as Costa Del Sol Healthcare, Healthcare Management Se...
2024.05.21 Application for Appearance and Examination - Enforcement of Judgment, for Modification of Attorney Fees 561
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.21
Excerpt: ...29/24) TENTATIVE RULING Defendant's Application for Order for Appearance and Examination – Enforcement of judgment Against Judgment Debtor is GRANTED. Plaintiff's Motion for Modification of the Amount of Attorneys Fees is DENIED. BACKGROUND On October 31, 2023, Plaintiff Kimi Kim filed this lawsuit against Defendant Jacob Woocher alleging causes of action for: C/A 1: Fraud Intentional Misrepresentation C/A 2: Conversion Theft C/A 3: Legal Malpr...
2024.05.17 Motion to Compel IME 647
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.17
Excerpt: ...ACKGROUND On June 25, 2021, Plaintiff Marchel Gabrielle Auguste (“Plaintiff” or “Auguste”) filed a Complaint (the “Auguste Lawsuit”) against Defendant Thomas Wesley Pentz (“Defendant” or “Pentz”), alleging causes of action for (1) Sexual Battery; (2) Gender Violence ; (3) Violation of the Ralph Civil Rights Act; (4) Violation of the Tom Bane Civil Rights Act; (5) Action Based on Civil Code § 1708.85; (6) Intentional Intrusion...
2024.05.17 Motion to Compel Further Answers 828
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.17
Excerpt: ...ted, in part, and denied, in part, as set forth below. Further responses are due within 30 days. Sanctions are denied. I. BACKGROUND On August 20, 2021, Plaintiffs Yedam, Inc. (“Yedam") and Eun Kyung Choi (“Choi") brought this breach of loyalty and unfair business practices action against Daniel N. Lee (“Lee") and Jin Sook Lee (together, “the Lees"), and DM Cosmetics, Inc. (“DM Cosmetics"). On March 15, 2022, Plainti...
2024.05.16 Motion to Compel Payment of Experts' Deposition Fees, to Attend Trial 374
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.16
Excerpt: ...NT ROCHELLE H. STERLING TO ATTEND TRIAL (filed 01/25/24) TENTATIVE RULING Defendant's Motion for an Order to Compel Plaintiff to Pay the Defendant's Experts' Deposition Fees is CONTINUED to allow Defendant to submit evidence of Defendant's experts reasonable fees. Plaintiff's Motion for an Order to Compel Defendant Rochelle H. Sterling to Attend Trial is MOOT. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed th...
2024.05.16 Motion for Reconsideration, Entry of Default Judgment 682
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.16
Excerpt: ...OR ENTRY OF DEFAULT JUDGMENT (filed 3/27/2024) TENTATIVE RULING Defendant's Motion for Reconsideration of Order Denying Motion to Quash Service of Summons, to Compel Binding Arbitration and to Stay Action is DENIED. The Court CONTINUES Plaintiff's request for entry of default judgment to permit Plaintiff the chance to provide further information on its calculation of damages. I. BACKGROUND On January 12, 2023, Plaintiff Employers Choice Online, I...
2024.05.16 Motion for Attorney Fees 939
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.16
Excerpt: ...23, Plaintiff Bahador Mikhak (“Plaintiff”) filed this action against Defendant Christine Snell (“Snell” or “Defendant”) for defamation. The Complaint alleges the following. Snell along with her sister, Julie Skujins (“Skujins”), fabricated a false domestic violence incident against Plaintiff to damage his reputation and to prevent him from gaining custody of his child. (Complaint, ¶ 3.) Skujins is the mother of Plaintiff's child ...
2024.05.16 Motion for Attorney Fees 320
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.16
Excerpt: ...torney's fees is GRANTED in the reduced amount of $379,649.25. I. BACKGROUND This is a wrongful termination action arising from plaintiff Rene Martinez's (“Plaintiff's”) employment with defendant Farmers Financial Solutions, LLC (“Farmers”) from February 2015 through March 2018. On January 23, 2019, Plaintiff filed this action's Complaint against defendants Farmers, Steve Klein (“Klein”), and Jimmy Coicoechea (“Coicoechea”). The C...
2024.05.16 Demurrer 870
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.16
Excerpt: ...iff's fifth cause of action is SUSTAINED without leave to amend. BACKGROUND On February 27, 2024, Plaintiff Emma T. Malloy (“Plaintiff”) filed this action against Defendant Earl Hall (“Defendant”) alleging the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Quiet Title C/A 3: Fraud C/A 4: Declaratory Relief C/A 5: Punitive Damages The Complaint alleges the following. On November 28, 1969, Charlie and Emma T. Malloy purchas...
2024.05.15 Motion to Compel Reimbursement 340
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.15
Excerpt: ...he amount of $1,600 is GRANTED. Plaintiff's request for reimbursement of costs for filing the instant motion in the amount of $219.60 is DENIED. BACKGROUND On October 5, 2023, Plaintiff Isabella Haddad (“Plaintiff”) filed this employment action against Defendants Bachi Bus LLC (“Bachi”), Bachi Bus Bros LLC (“Bachi Bros”), and Jamelle Holieway (“Holieway”). On March 13, 2024, Plaintiff filed a First Amended Complaint alleging the f...

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