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Motion for Summary Judgment, Adjudication 038
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: Motion
Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...
2024.05.06 Motion for Judgment on the Pleadings 918
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.06
Excerpt: ...h 26, 2024, Defendant filed the instant MJOP. On April 23, 2024, Plaintiff filed an opposition. On April 26, 2024, Defendant filed its reply. Discussion In 2019, the California Legislature passed Assembly Bill 218 (“AB 218”), which took effect January 1, 2020, and made several significant changes to Code of Civil Procedure section 340.1 (“CCP § 340.1”)— the statute of limitations for claims of childhood sex ual abuse. [1] Among other t...
2024.05.06 Motion in Limine 743
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.06
Excerpt: ...n or speculation. First, they assert the tautology that testimony based solely on speculation or improper extrapolation is inadmissible. Because the motion fails to identify specific damage calculations or opinions and describe the underlying facts or records and/or statistical methods used to reach those calculations or opinions, any order granting such a motion would a mount to a “ruling[ ] which would merely be declaratory of existing law or...
2024.05.06 Motion for Terminating Sanctions 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...tiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On March 8, 2024, the Court ordered Plaintiff to appear for deposition within 30 days of notice and to pay monetary sanctions in the amount of $615. Defendant gave notice of this ruling by email on March 12, 2024. On Marc...
2024.05.06 Motion for Summary Judgment, Adjudication 580
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.06
Excerpt: ...ry own evidence concedes that he was demoted, not terminated, such that it fails as a matter of law. Background This is a wrongful termination case. Plaintiff CLARENCE ERVING alleges the following against Defendants SAN GABRIEL VALLEY TRAINING CENTER AND WORKSHOP FOR THE HANDICAPPED (the “Center”), a California corporation; VANESSA BESACK: Plaintiff was employed at the Center from June 1, 2001 to November 11, 2019 where he was a production ma...
2024.05.06 Motion for Summary Judgment 789
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2024.05.06
Excerpt: ... Salvador Velazquez (Plaintiff) filed this action. On September 13, 2022, Plaintiff filed the operative First Amended Complaint (FAC) against defendants Emanate Queen of the Valley Hospital (Queen of the Valley), Kindred Hospital Baldwin Park (Kindred Hospital), Rambod Amani -Yazdi, M.D., Azhar Haq, M.D, Sheri Pham, M.D. (Dr. Pham), Radhika Tulpule, M.D., and Does 1 through 100, alleging causes of action fo r wrongful death and statutory elder ab...
2024.05.06 Motion for Summary Judgment 067
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.06
Excerpt: ... diagnosed him and failed to render proper treatment. On February 16, 2024, Defendants filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. ...
2024.05.06 Motion for Summary Adjudication 494
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.06
Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...
2024.05.06 Motion for Relief from Waiver of Objections 618
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.06
Excerpt: .... Plaintiff alleges Defendant Westfield negligently maintained and owned certain property in Canoga Park, which created a dange rous condition on the floor of the subject premises. As a result, Plaintiff slipped and fell when she encountered the dangerous condition. On August 1, 2023, Plaintiff named Universal Protection Service, LP as DOE 1. [TENTATIVE] RULING Defendant UPS' Motions for Relief from Waiver of Objections to Plaintiff's Special and...
2024.05.06 Motion for Protective Order 338
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...
2024.05.06 Motion for Leave to File SAC 432
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.05.06
Excerpt: ...ervices to high-net -worth customers. Through the course of business, Plaintiff alleges it maintained “customized invoices” and “customized contracts” as an a dvantage over its competitors. Plaintiff alleges two of its former employees, Defendants Jonathan Goldhammer and Itay Zeltser —along with Goldhammer's wife, Moran Vaknin—stole Plaintiff's trade secrets to use in a competing business, Defendant Sequoia Pools and Masonry, Inc. Def...
2024.05.06 Motion for Leave to Amend Complaint 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...
2024.05.06 Motion for Judgment on the Pleadings 054
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.05.06
Excerpt: ...e implied covenant of good faith and fair dealing, (2) breach of contract, and (3) violation of Business and Professions Code section 17200. Plaintiff alleges Defendant has failed to provide coverage for medically necessary emergency services despite a contractual obligation to do so. Defendant Oscar Health Plan of California now moves for judgment on the pleadings of the third cause of action for violation of section 17200. Plaintiff opposed. TE...
2024.05.06 Motion to Compel Arbitration 583
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.05.06
Excerpt: ...THE ACTION IS STAYED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On December 4, 2023, Plaintiff sued Defendants, asserting 12 causes of action for Labor Code and FEHA violations, retaliation, and ...
2024.05.06 Motion for Attorney Fees 692
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.05.06
Excerpt: ... settled this Song- Beverly matter and have agreed that Plaintiff Jorge Gonzalez Luna is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $24,204.50. Plaintiff also requests $2,886.55 in costs. The total requested is $27,091.05. Plaintiff leased a new 2020 Ford Explorer Sport from Bob Wondries Ford (deale...
2024.05.06 Motion for Attorney Fees 420
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.05.06
Excerpt: ...25,000.00 of that amount. BACKGROUND: On April 8, 2022, Chavez General Construction, Inc. (“Chavez”) filed its Verified Complaint against David Moezinia (“Moezinia”) on causes of action of breach of contract, common counts, and mechanic's lien foreclosure. On May 20, 2022, Chavez filed its Amendment to Complaint. On June 23, 2022, Moezinia filed: (1) Verified Answer to the Complaint; and (2) Verified Cross - Complaint (“Moezinia Cross-C...
2024.05.06 Motion for Attorney Fees 128
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...
2024.05.06 Motion for Attorney Fees 088
Location: Los Angeles
Judge: Recana, Mel Red
Hearing Date: 2024.05.06
Excerpt: ...s CONTINUED. Background This action arises from an appeal of an order, decision, or award of the Labor Commissioner in State Case Number WCCM729446 (the “Underlying Action”). On September 16, 2021, in this Court, Appellant Jimmy Wang (“Appellant”) filed a Notice of Appeal indicat ing that he was appealing the decision of the Labor Commissioner in the Underlying Action and attached the order, decision, or award of the Labor Commissioner as...
2024.05.06 Demurrer, Motion to Strike 811
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.06
Excerpt: ... e 4. Intentional Infliction of Emotional Distres s 5. Private Nuisance 6. Violation of Business & Professions Code 17200, et seq . RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 4 th cause of action (¶¶49 -53), the 6th cause of action (¶¶62 -68) and the prayers for relief related to the 4 th and 6 th causes of action (Prayer ¶¶9 -11, 15) . RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is ...
2024.05.06 Demurrer, Motion to Strike 366
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.05.06
Excerpt: ...fficiently state facts to support each claim. Defendant also moves to strike the prayer for punitive damages. The demurrer is sustained without leave to amend and the motion to strike is denied as moot. A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) As is relevant here, a court should sustain a demurrer if a complaint does not allege facts ...
2024.05.06 Demurrer to FACC 920
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.06
Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...
2024.05.06 Demurrer to FAC 333
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.05.06
Excerpt: ... Cassandra Catapia and Sergio Velasquez T/R: DEFENDANTS' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court ...
Demurrer, Motion to Strike 674
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: Demurrer,
Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...
2024.05.06 Demurrer 733
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.05.06
Excerpt: ... agreement and accepted a different offer. Plaintiff asserts causes of action for (1) breach of written contract and (2) declaratory relief. Defendant Jeffrey Riddell, Trustee of the Jeffrey & Katrina Riddell Living Trust, demurred to the Complaint. On April 19, 2024, Plaintiff filed a First Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is MOOT by the filing of a First Amended Complaint. Plaintiff to give notice, unle...
2024.05.06 Demurrer 048
Location: Los Angeles
Judge: Moses, Jared D
Hearing Date: 2024.05.06
Excerpt: ... the Implied Warranty of Merchantability, (5) F raudulent Inducement -Concealment, and (6) Negligent Repair. The first five causes of action are pled against Defendant Ford Motor Company. Ford filed the instant demurrer on November 17, 2023. Plaintiff filed an opposition on April 23, 2024. Ford filed a reply on April 29, 2024. Before the Court are Ford's challenges to the 2nd, 4 th and 5 th causes of action in the First Amended Complaint. II. DEM...
2024.05.06 Motion to be Deemed Prevailing Party, for Attorney Fees 540
Location: Los Angeles
Judge: Byrdsong, Latrice
Hearing Date: 2024.05.06
Excerpt: ...osts. Counsel for Plaintiff is ordered to serve and electronically submit a proposed Amended Judgment consistent with this Court's Ruling, within 10 -days. BACKGROUND On December 22, 2022 , Plaintiff The Sherwin- Williams Company (“Plaintiff”) filed a Complaint against Defendant Anthony Sanchez dba Color Custom Painting (“Defendant”) and DOES 1 through 100, inclusive for: (1) Breach of Contract; (2) Goods Sold and Delivered/Agreed Price; ...
2024.05.06 Demurrer 736
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.06
Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...
2024.05.06 Motion to Compel Arbitration 986
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.06
Excerpt: ...that they entered into a “Gamer Agreement” (“Agreement”) with Respondent, providing for Petitioners to competitively coach or play for the XSET team for Valorant—a video game released by Riot Games. Paragraph 19 of the Standard Terms & Conditions to the Agreement contains an arbitration clause. Respondent allegedly refused to pay Petitioners their share of revenue related to the Valorant game. Petitioners then filed demands for arbitrat...
2024.05.06 Motion to Set Aside Default Judgment 940
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.05.06
Excerpt: ...ect rather than in person due to the COVID-19 pandemic. This is an unlawful detainer matter. On February 5, 2024, the Court entered a default judgment in the amount of $33,162.81 against Defendant Samantha Clark. Defendant Clark, a pro per litigant, now seeks to set aside her default and default judgment under Code Civ. Proc. §§ 473(b) -(d), 473.5. Clark contends that “[t]he Proof of Service filed by Plaintiff indicates that she was served su...
2024.05.06 Motion to Compel Arbitration and Stay Proceedings 563
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.05.06
Excerpt: ...itration and Stay Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Worldwide Flight Services, Inc.'s request for judicial notice. (Evid. Code, § 452, subd. (h).) DISCUSSION Defendant Worldwide Flight Services, Inc. (“Defendant”) moves the court for an order (1) compelling plaintiff Angie Gonzalez (“Plaintiff”) to submit t...
2024.05.06 Pitchess Motion 388
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.06
Excerpt: ...”) and Tyler Patrick Whiteman (“Whiteman”) for damages arising from an automobile incident. Plaintiff alleges that on January 22, 2020, Whiteman lost con trol of his vehicle and collided with Plaintiff's vehicle. Plaintiff sets forth a cause of action for liability of public entities and public employees pursuant to Gov. Code section 815.2 and 820. Plaintiff moves to compel the City to produce medical employment records of Whiteman related ...
2024.05.06 Motions to Set Aside Judgment and Grant Judgment 717
Location: Los Angeles
Judge: Sanchez-Gordon, Teresa
Hearing Date: 2024.05.06
Excerpt: ...rren Player. Defendant filed his Answer to the Complaint on January 23, 2023. A bench trial took place between September 18, 2023 and September 26, 2023. At the conclusion of the Plaintiff's case, Defendant moved for entry of judgment under CCP § 631.8. The Court granted the motion for judgment and issued its oral statement of decision at the conclusion of the trial explaining why the Court was granting Defendant's motion for judgment. This Cour...
2024.05.06 Motions to Compel Responses, to Deem RFAs Admitted 536
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.06
Excerpt: ...item Jesse Ronald Carrasco, (“Plaintiff Carrasco”) propounded set one of form interrogatories, special interrogatories, and request for production of documents on defendant Becky Radgowski (“Defendan t Becky”) on December 27, 2023. To date, Defendant Becky has not served responses. Plaintiff Carrasco therefore seeks an order compelling Defendant Becky to respond, without objections, to the outstanding discovery and to pay sanctions. Defen...
2024.05.06 Motions to Compel Further Discovery 760
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.06
Excerpt: ... Lilach Basson, filed a complaint against Defendants Krystal Burns, Norma Burns, and Glory Project LLC for assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and interference with tenancy. Plaintiff Yacov leases property from Defendant Glory Project, LLC. Plaintiff Lilach Basson alleges when she was visiting her husband's office with Noam, their son, Basson was physically and verbally attac...
2024.05.06 Motions in Limine 104
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.06
Excerpt: ... for Plaintiff. TENTATIVE RULING: GRANTED. While Plaintiff's motion is broad, evidence of any potential effects of a verdict on Defendants would be irrelevant and potentially excluded under Evidence Code § 352. Plaintiff's MIL #4 : Withdrawn. Plaintiff's MIL #5 : seeking exclusion of written warnings given in 2012 and 2015 and testimony about those warnings and the underlying circumstance. TENTATIVE RULING: GRANTED. Defendants oppose the motion ...
2024.05.06 Motion to Tax Costs 125
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.05.06
Excerpt: ...endants KYN Group; KWN, LLC; Jack Ng; and Kwok Ng (“Defendants”) RESPONDING PARTY : Plaintiffs Tiangang Sun and Xiangming Sun (“Plaintiffs”) SERVICE: Filed February 20, 2024 OPPOSITION: Filed April 19, 2024 REPLY: Filed April 26, 2024 RELIEF REQUESTED Defendants move for an order striking Plaintiffs' memorandum of costs. BACKGROUND Plaintiffs Tiangang Sun and Xiangming Sun (“Plaintiffs”) allege that defendants KYN Group, KWN LLC, Jack...
2024.05.06 Motion to Strike 940
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.05.06
Excerpt: ...nce Brown, Stephen Thompson, Erick Herrera, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Osvaldo Perez, Mark Escalante, Katherine Gerbasi, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Was hington, Aaron Walker Matis, Lacramiora Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Alicia Reyna, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, and Grace Evelyn Bowland Motion to S...
2024.05.06 Motion to Strike 097
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.05.06
Excerpt: ... Carlos Mendoza) (collectively, “Defendants/Cross -Defendants”) RESPONDING PARTY: None NOTICE: OK RELIEF REQUESTED: An order from this Court striking the language regarding attorney's fees in the Cross-Complaint. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises from a three -vehicle collision that allegedly occurred on October 22, 2021. (Compl., at p. 4) On October 13, 2023, Plaintiff Ninnette Rodriguez Lopez (“Plainti...
2024.05.06 Motion to Sever 794
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.06
Excerpt: ...ceanside, California as of September 1977 (the Property). In May 2015 and October 2017, unbeknownst to Plaintiff, Decedent borrowed $100,000 and $50,000 from Defendants, secured by the Property. Decedent passed away in August 2020, and Plaintiff alleges that as a result, she wholly owns the Property without encumbrance. Defendants have refused to remove the subject liens from the Property, prompting this lawsuit. On March 4, 2021, Defendants Tsas...
2024.05.06 Motion to Set Aside Defaults, Order Deeming RFAs Admitted 134
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.05.06
Excerpt: ...ourt allow him to file an answer and cross complaint. Additionally, Defendant Fu moves to set aside an order for admission to be deemed admitted. The motion is denied. Under Code of Civil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, ...
2024.05.06 Petition for Writ of Mandate 478
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.05.06
Excerpt: ...) filed this p\ etition for a writ of mandate ordering respondent Pasaca Capital, Inc. (“Pasaca”\ ) and its controlling stockholder, respondent Charles Huang (“Huang”) to a\ llow the inspection and copying of Pasaca's corporate records. On January 9, 2024, Pasaca and Huang (collectively, “Respondents”\ ) filed a response. The response and supporting papers were ordered sealed\ by the Honorable Margaret L. Oldendorf on February 2, 2024...
2024.05.06 Motion to Set Aside Court Order 155
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.06
Excerpt: ...On February 22, 2019, Plaintiff Richard Bundy (“Plaintiff”) filed this action against Defendants Lashon Bundy- Lawrence (“Defendant”) and Does 1 to 10, asserting causes of action for (1) financial elder abuse, (2) quiet title, (3) ejectment, and (4) cancell ation of instrument. According to the Complaint, this action concerns the real property commonly known as 15156 Kingsbury Street, Mission Hills, CA 91345. (Compl., ¶ 2.) Plaintiff and...
2024.05.06 Motion to Compel Further Responses 203
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.06
Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assaulted...
2024.05.06 Motion to Overrule Claim of Privilege 276
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.06
Excerpt: ...tion is granted. SUMMARY OF ACTION In this case, the Plaintiffs, including Plaintiff Angela Karapetyan (Angela), were teachers and other employees at Defendant Granada Hills Charter (GHC). Plaintiffs were terminated because they refused to get the COVID-19 vaccine as required by LAUSD. Ange la, in refusing to get the vaccine, claimed a religious exemption. After Plaintiffs were terminated, they filed this case on April 22, 2022. From September 9,...
2024.05.06 Motion to Compel Deposition of PMQ, for Monetary Sanctions 098
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.05.06
Excerpt: ...plaint alleges the following causes of action: elder abuse and negligence. On February 27, 2024, Plaintiff served Defendant with a notice of deposition of Defendant's person most knowledgeable (PMK). The deposition was set for March 12, 2024. Defendant's PMK did not appear for the deposition. On March 13, 2024, Plaintiff filed this motion to compel the deposition of Defendant's PMK and production of documents. LEGAL STANDARD “The service of a d...
2024.05.06 Motion to Compel Further Discovery Responses 466
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.05.06
Excerpt: ... a nd John Doe 10, an individual (collectively, “Plaintiffs”) RESPONDING PARTY: Defendant Facey Medical Group (“Defendant”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant's further responses to Plaintiffs' Requests for Production of Documents (“RFPs”), Set One, Request No. 11. TENTATIVE RULING: The motion is granted. Defendant to provide further code- compliant responses to Plaintiff's RFP No. 11, as modified herein, withi...
2024.05.06 Motion to Compel Further Responses 130
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.06
Excerpt: ...l further responses to special interrogatories is granted for Special Interrogatory No. 6 and the verification of responses. SUMMARY OF ACTION Plaintiff Justine Amanda Cruz Echavez (Plaintiff) filed this action against Defendant California Institute of the Arts (Defendant) on April 18, 2023. On July 7, 2023, Plaintiff served Defendant with Plaintiff's Special Interrogatories, Set One. On September 19, 2023, Defendant served Plaintiff with objecti...
2024.05.06 Motion to Compel Deposition, for Sanctions 004
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...rict Liability and Negligence/ Negligence Per Se arising from a fall on November 19, 2019. Memo's Scaffolding filed its answer on September 8, 2021. On January 11, 2023, Plaintiffs amended their complaint to name Gordon S. Gibson, Inc., dba Gordon Gibson Construction (“Gibson”) as Doe 1. Gibson filed its answer to the complaint on May 3, 2023. On June 9, 2023, Memo's Scaffolding filed a cross -complaint against Gibson. Gibson filed an answer ...
2024.05.06 Motion to Compel Further Responses 590
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.05.06
Excerpt: ...ect rather than in person due to the COVID-19 pandemic. This is an employment action. Plaintiff Gena Persons seeks to compel further responses from Defendant City of Pasadena as to her requests for production, set four, nos. 107- 110. The requests at issue seek documents from the employment personnel file of Commander Kelly Evans. Plaintiff alleges that she had PTSD and that Evans, her supervisor, “who had it out for plaintiff because she had c...
2024.05.06 Motion to Compel Further Responses to Deposition Subpoena for Business Records 246
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.06
Excerpt: ...uary 27, 2023, Plaintiff filed suit against Defendants COSTCO WHOLESALE CORPORATION (“Costco” or “Defendant Costco”), XAVIER SOLIS (“Defendant Solis”), JOHN FONTAINE (“Defendant Fontaine”), and JOSHUA SNOOK (“Defendant Snook”). On June 26, 2023, Costco filed a demurrer (to the Unruh Civil Rights Act COA, Sexual Harassment COA, and Gender Violence COA). On August 14, 2023, Plaintiff filed a FAC asserting the following COAs: 1. ...
2024.05.06 Motion to Compel Inspection of Vehicle 825
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...se Cruz, and DOES 1 -50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id. , ¶ 6.) Defendants' investigator apparently obtaine...
2024.05.06 Motion to Compel Responses, to Deem RFAs Admitted 284
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.06
Excerpt: ...vis Scott RESPONDING PARTY: Defendants Samuel Luke Llaneras and Tharsys Da Silva The Court has considered the moving papers. No opposition has been filed. BACKGROUND This is a breach of contract action. On June 30, 2023, Plaintiffs Andrew Donegan, DG LLC, and Travis Scott (collectively, “Plaintiffs”) filed this action against Defendants Samuel Luke Llaneras (“Llaneras”), Tharsys Da Silva (“Da Silva”) (collectively, “Defendants”), ...
2024.05.06 Motion to File Interpleader of Funds, Recovery of Attorney Fees 945
Location: Los Angeles
Judge: Sanchez-Gordon, Teresa
Hearing Date: 2024.05.06
Excerpt: ...022, Plaintiff Raymond Ghermezian, A Professional Law Corporation (“Plaintiff”) filed the instant Complaint in Interpleader against Defendants Celia Vargas, Precise Imaging, Wilshire Radiology; Ronald Fisk, M.D., Gary Chen, M.D., Bobby Moussaz adeh, M.D., Umi Of Gardena; Skye Anesthesia; Huntington Park Advanced Imaging, CCC Surgery Center, Golden West Medical Center, Gardena Hospital, Beverly Radiology; MDR Network Care, LLC, Bay City Surger...
2024.05.03 Motion to Consolidate 002
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.03
Excerpt: ...STANDARD California Code of Civil Procedure section 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court, rule 3.350, subdivisi...
2024.05.03 Motion to Compel Responses, to Deem RFAs Admitted 441
Location: Los Angeles
Judge: Epstein, Mark H
Hearing Date: 2024.05.03
Excerpt: .... It is, of course, a bit of a dated term.) Plaintiff then brought these motions to compel and a motion to deem admitted. In opposition, defendant states that this was just a mistake caused by the fact that the lawyer who had been handling the case apparently messed up, but has since left the firm. Defendant contends that this is an anomaly, and that responses were served on 3/15/24, but plaintiff would not accept them as timely. In reply, plaint...
2024.05.03 Motion to Compel Responses, for Sanctions 128
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.03
Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...
2024.05.03 Motion to Compel Responses, for Sanctions 128
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.03
Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...
2024.05.03 Motion to Compel Responses 645
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.03
Excerpt: ...Park, LLC and Jeff Kwatinetz (hereafter, “Plaintiffs”), filed this motion to (1) compel Defendant and Cross - Complainant Azealia Banks (“Banks”) to appear at deposition for seven additional ho urs, (2) appointment of a discovery referee at Banks's expense, and (3) imposition of monetary sanctions against Banks in an amount not less than $10,000. The motion is unopposed.[1] II. DISCUSSION & LEGAL STANDARD a. Further Deposition Plaintiffs ...
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 Motion to Compel Responses 336
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...23, Defendants served written discovery on Plaintiff. (Lee Decls., ¶2.) On February 13, 2024, Defendants filed motions to compel Plaintiff's responses to Form Interrogatories and Demand for Production of Documents. No opposition has been filed. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely res...
2024.05.03 Motion to Compel Further Responses, for Monetary Sanctions 737
Location: Los Angeles
Judge: Recana, Mel Red
Hearing Date: 2024.05.03
Excerpt: ...s, Set One, and to Produce Responsive Documents; Request for Monetary Sanctions in the Amount of $2,822.50 The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Plaintiff is ordered to provide further responses to Defendant's First Set of Requests for Production of Documents, Requests Nos. 13, 15- 18, and 21-22, and to produce responsive documents thereto within 30 days. Plaintiff and his counsel of record are orde...
2024.05.03 Motion to Compel Further Responses 821
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.05.03
Excerpt: ...urt directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Cheryl Redd...
2024.05.03 Motion to Compel Further Responses 525
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...bly calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidenc...
2024.05.03 Motion to Compel Discovery 724
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.03
Excerpt: ... hearing on the motion. Additionally, Defendant requests sanctions be imposed against Plaintiff and her attorneys of record in the amount of $511.50 ; (2) An order compelling Plaintiff Maria Pina to provide verified responses to Defendant Costco Wholesale Corporation's Request for Production of Documents, Set 1 (General) served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests san...
2024.05.03 Motion to Compel Further Responses 497
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ...9, they entered into a warranty contract with Defendant Toyota Motor Sales, U.S.A., Inc. (“Defendant”) regarding a 2019 Toyota Tacoma. Plaintiffs allege that defects and nonconformities to the warranty manifested themselves within the applicable express warranty period, including but not limited to exterior, structural, transmission, and engine issues. Plaintiffs allege they delivered the subject vehicle to an authorized Toyota repair facilit...
2024.05.03 Motion to Compel Further Responses 203
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.03
Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assault e...
2024.05.03 Motion to Compel Further Discovery Responses 139
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.05.03
Excerpt: ... Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 1–31. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's first set of RFPs, Request Nos. 1–31, within 30 days. The Court imposes sanctions against Defendant in the amount of $500.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Wh...
2024.05.03 Motion to Compel Discovery Responses, Deem RFAs Admitted 808
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.05.03
Excerpt: ... Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATION...
2024.05.03 Motion to Compel Depositions, for Sanctions 819
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2024.05.03
Excerpt: ...Shayan aka Sina Masoumi (“Shayan”) filed the Complaint alleging multiple causes of actions relating to a breach of contract involving a proposed investment venture against Defendants Ahmadreza Rastegarrazi (a/k/a Arash) Rastegarrazi (“Arash”), Mehre Iran Today (“Mehre Iran”), and Dani Gonzalez (“Dani ”), and Optima Financial Ventures (‘Optima”). On November 29, 2023, Plaintiff Shayan filed the instant motion to compel the depo...
2024.05.03 Motion to Compel Deposition, for Monetary Sanctions 340
Location: Los Angeles
Judge: Moses, Jared D
Hearing Date: 2024.05.03
Excerpt: ...024. Plaintiff filed a reply on April 26, 2024. For the reasons set forth below, the motion to compel the deposition of Honda's PMQ is GRANTED. II. LEGAL STANDARD “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officer s, directors, managing agent...
2024.05.03 Motion to Compel Deposition Testimony 278
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.03
Excerpt: ...ulings: ARGUE. The Court finds itself at a crossroads as to whether to order the deposition and allow the chips to fall where they may, or whether to conditionally deny the motion on the conditions that (A) Plaintiff Diana Stretch shall not be permitted to testify at trial, and (B) the parties develop a stipulation as to how the finder of fact is to consider her inability to testify in a fashion that will not unfairly prejudice the Defendants. Th...
2024.05.03 Motion to Compel Deposition of PMK, Production of Docs 212
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.03
Excerpt: ...y Metropolitan Transportation Authority (“LACMTA”), Oscar Renee Lopez Velasquez (“Velasquez”), and Does 1 to 50 for negligence, negligent hiring, tr aining, supervision, retention, and loss of consortium. Plaintiffs allege that Jacob Brown was struck by a bus driven by Velasquez in the course of his employment with LACMTA. Plaintiffs now move to compel the videotaped deposition of LACMTA's person most knowledgeable and request for product...
2024.05.03 Motion to Compel Deposition 571
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...Defendants filed a cross -complaint against Eddie Baker and Roes 1 through 10. Defendants filed a request for dismissal of the cross- complaint on January 8, 2024. As it relates to the matter set for hearing on May 3, Defendants noticed the deposition of Plaintiff Eddie Baker for March 8, 2024. (Gonzalez Decl., ¶ 4 & Exh. D.) Plaintiff did not serve any objection. ( Id. , ¶ 4.) Plaintiff did not appear for the noticed deposition. (Id. , ¶ 7 & ...
2024.05.03 Motion to Consolidate Cases 189
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2024.05.03
Excerpt: ...h 21, 2021, Plaintiff Walters Wholesale Electric Co. (“Plaintiff Walters”) filed an action to foreclose mechanic's lien and to enforce stop payment notice (“Walters Action”) against Defendants Tobias Eugene Vargas (“Vargas”), Fred & Jamison LLC (“Jamison”), Evertrust Bank (“Bank”), and Inland Development Company. (“Inland”). On March 29, 2023, Plaintiff Walters filed the operative First Amended Complaint (“Walters FAC”...
2024.05.03 Motion to Consolidate 026
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.03
Excerpt: ...ON Plaintiffs Alexa and Kim Gallegos (Gallegos Plaintiffs) and Plaintiff Angel Sanchez (Sanchez) are requesting an order from the Court to consolidate LASC Case Nos. 21STCV41026 (hereinafter “Gallegos Matter”) and 21STCV42588 (hereinafter “Sanchez Matter”). The two cases arise from a single motor vehicle collision on November 20, 2019. Sebastien Gallegos (Decedent) and Angel Sanchez were passengers in a vehicle driven by Eugene Oh. The ve...
2024.05.03 Motion to Strike Improper Supplemental Expert 016
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ... (“Defendant”) property located at 6555 Foothill Blvd., Tujunga, CA 91042 on December 24, 2020, when she tripped and fell on a floor mat. Plaintiff alleges that she sustained bodily injuries. The complaint, filed November 16, 2022, alleges causes of action for: (1) premises liability; (2) general negligence. B. Relevant Background and Motion on Calendar On April 19, 2024, Plaintiff filed the motion to strike Defendant's improper supplemental ...
2024.05.03 Motion to Enter Judgment 711
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...t. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal....
2024.05.03 Motion to Strike or Tax Costs, for Attorney Fees 087
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.05.03
Excerpt: ...n April 20, 2021, alleges that Plaintiffs, Michael Buck, and John Gonzalez (“Plaintiffs”), are members and leaders of the Peace Apostolic Church, Inc. (the “Church”). Plaintiffs allege that after the death of the Church's pastor, the C hurch's de facto officers or directors, Tamara Swancy-Prince (“Prince”) and Priscilla Woods Brown (“Brown”), improperly spent church funds and engaged in other misconduct. Plaintiffs allege that Def...
2024.05.03 Petition for Writ of Mandate 658
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.03
Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...
2024.05.03 Motions to Compel Further Responses 489
Location: Los Angeles
Judge: Epstein, Mark H
Hearing Date: 2024.05.03
Excerpt: ...ant sent out written discovery, including two sets of form interrogatories. Plaintiffs responded, but defendant did not believe that the responses were compliant. Defense counsel sent a meet and confer effort, to which the response was “File your motions.” Plaintiffs attempted to set an IDC, but the court took it off calendar because defendant had not agreed to it. Parenthetically, the court will never conduct an IDC with a record like this. ...
2024.05.03 Motions in Limine 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.03
Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...
2024.05.03 Motion to Vacate Discovery Order 510
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...
2024.05.03 Motion to Vacate Default, Judgment 133
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...
2024.05.03 Motion to Uphold Highly Confidential Designation 170
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.03
Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...
2024.05.03 Motion to Transfer and Consolidate 794
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ...ith Defendant Armen Crstijian (“Crstijian”) who was operating a motor vehicle that was owned by Defendant N&N Auto Collection Inc. (“N&N” ). Plaintiff alleges that Crstijian failed to exercise reasonable care, which caused Plaintiff to suffer bodily injury. The complaint, filed on October 19, 2022, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On April 9, 2024, Defendants N&N and Crstij...
2024.05.03 Motion to Tax Costs 281
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ...e, M.D., Robert Gottner, M.D., and Mayur Patel, M.D. to examine, care, diagnose, and treat Decedent for his physical condition and complaints. Plaintiff Adam Eagle (“Plaintiff”), the sole heir of Decedent, alleges that Defendants negligently provided medical care to Decedent, leading to his death. The complaint, filed September 26, 2016, alleges a single cause of action for wrongful death (medical malpractice). B. Relevant Background The matt...
2024.05.03 Motion to Take Deposition in Prison 984
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ...an ad litem William Ferrell, alleges that Plaintiff (a “dependent adult” within the meaning of the Welfare & Institutions Code) was raped, sexually assaulted, sexually harassed, abused, and sexually battered by Defendant Rafael Moya (“Moya”), while Plaintiff was a patient confined to the lockdown unit at Defendant Imperial Care Center LLC (“ICC”). Plaintiff alleges that the rape occurred on March 12, 2022. Plaintiff alleges that Defen...
2024.05.03 Motion to Strike 455
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ...by Defendant Nancy Ming Ling Chen's (“Defendant”) German Shepherd Mix dog. Plaintiff alleges that she was jogging past Defendant on a public street when Defendant was unable to control her dog and, without warning or provocation, the dog viciously attacked and bit Plaintiff. The complaint, filed February 23, 2024, alleges causes of action for: (1) negligence; and (2) strict liability. B. Motion on Calendar On April 3, 2024, Defendant filed a ...
2024.05.03 Motion to File Supplemental Complaint 026
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.05.03
Excerpt: ...mental Cross- Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of th...
2024.05.03 Motion to Stay Execution 948
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.05.03
Excerpt: ...nst Defendants Artyun Aladjian, individually and dba J&H Auto Wrecking, and all in possession. The property at issue is located at 9415 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on April 1, 2006, it entered into a 5 -year term tenancy pursuant to a written agreement with Defendants. Plaintiff served a 30 -day notice to quit on Defendants, such that the expiration of the notice was set for August 10, 2023. Plaintiff seeks po...
2024.05.03 Motion to Stay Action 167
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.03
Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...
2024.05.03 Motion to Set Aside, Vacate Default 152
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.03
Excerpt: ...on a credit card debt. Plaintiff served Defendant, and when no response was made, the Court entered default judgment on February 17, 2023. This hearing is on Plaintiff's motion to set aside the default judgment. Plaintiff represents it recently learned Defendant was not a resident of the State of California and was not properly served. Plaintiff asks the Court to vacate the default judgment due to Plaintiff's counsel's mistake, inadvertence and e...
2024.05.03 Motion to Set Aside Default 014
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.05.03
Excerpt: ...t directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Matthew C. Mo...
2024.05.03 Motion to Set Aside Court Orders 254
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.05.03
Excerpt: ... Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is received. Notice may be given eithe...
2024.05.03 Motion to Quash Service of Summons and Complaint 798
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...
2024.05.03 Motion to Quash Service of Summons and Complaint 440
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.03
Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...
2024.05.03 Motion to Quash Service of Summons 682
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.03
Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...
2024.05.03 Motion to Quash 651
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...
2024.05.03 Motion to Quash 141
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...
2024.05.03 Motion to Compel Deposition 251
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.05.03
Excerpt: ...o appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) ...

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