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2024.05.16 Motion to Compel Deposition of PMQ 074
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.16
Excerpt: ...r”). During the warranty period, Plaintiff alleges that he presented the Car for repairs relating to engine defect on at least three occasions. None of the repair attempts worked. Plaintiff further alleges that Defendant General Motors LLC has long been aware of widespread engine defects in the 2020 GMC Sierra. Plaintiff claims Defendant has conducted internal investigations, testing, analyses regarding the engine defect – all in a n effort t...
2024.05.16 Motion to Compel Deposition 122
Location: Los Angeles
Judge: Heeseman, Nicole
Hearing Date: 2024.05.16
Excerpt: ...t Moreno accosted Ybarra while with his wife and threatened to inflict grievous bodily harm upon Ybarra, by pointing a weapon toward them, while verbally assaulting Ybarra. Motion to Compel Deposition Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action...
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 890
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.05.16
Excerpt: ...ants. _______ GREENSPOON MARDER, LLP , Cross -Complainant, v. JEFFREY BERNSTEIN, SUPERIOR EQUIPMENT SOLUTIONS, and ROES 1 -100. Cross -Defendants . Case No.: 19STCV27890 Hearing Date: 5/16/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff and Cross -Defendant Eisner LLP's Motion for Attorneys' Fees. I. Background A. Pleadings 1. Complaint [Eisner LLP] On August 7, 2019, Plaintiff/Cross -Defendant Eisner LLP filed a Complaint alleging claims of ...
2024.05.16 Motion for Attorney Fees 733
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.16
Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...
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 Motion for Attorney Fees 194
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.16
Excerpt: ...ly papers. BACKGROUND This is a lemon law case. On April 23, 2019, Plaintiffs Diana Herrera and Felix Herrera (“Plaintiffs”) filed a complaint against Defendant Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Expre...
2024.05.16 Motion for Approval of PAGA Settlement, Attorney Fees, and Enhancements 375
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.16
Excerpt: ...t. 56 The parties have agreed to settle this action for $365,000. This amount is to be allocated as follows: (1) $121,654.50 for attorneys' fees, (2) $16,202.44 for costs, (3) $6,750 for estimated administration costs, (4) $162,446.62 (75% of the net settlement amount) to the Labor and Workforce Development Agency (“LWDA”), and (6) $54,148.87 (25% of the net settlement amount) in civil penalties distributed to aggrieved employees on a pro rat...
2024.05.16 Demurrer, Motion to Strike 934
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.16
Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte...
2024.05.16 Demurrer, Motion to Strike 856
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.05.16
Excerpt: ... Cross-Complaint is DENIED as MOOT in part (i.e., as to punitive damages) and GRANTED in part (i.e., as to attorney's fees). Background Plaintiff Haha Smart, Inc. (“HSI”) alleges as follows: HSI is a general contractor. On April 8, 2022, HSI entered into a written Solar Home/Building Improvement Agreement (“Agreement”) with Walter Ocheaga (“Ocheaga”), wherein HSI agreed to furnish all labor, materials, and equipment to complete certai...
2024.05.16 Demurrer, Motion to Strike 546
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
Excerpt: ...and 4 th) which are barred on the FAC of the FAC by the statute of limitations, and SUSTAINED as to the fraud causes of action (5 th, 6 th and 7 th) with oral argument as to whether further leave to amend should be permitted. (2) Defendants' Motion to Strike is Mooted I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 th...
2024.05.16 Demurrer, Motion to Strike 496
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.05.16
Excerpt: ...'s Motion to Strike Portions of the Complaint. I. Background A. Pleadings Plaintiff Patricia Maravilla sues Defendants Air Tiger Express (USA) Inc. (ATE), Matthew Tran, and Does 1 through 10 pursuant to an October 18, 2023, Complaint alleging claims of (1) Discrimination on the Basis of Age (Cal. Govt. Code § 12940(a), et seq.), (2) Harassment on the Basis of Age (Cal. Govt. Code § 12940(j), et seq.), (3) Hostile Work Environment Harassment on ...
2024.05.16 Demurrer, Motion to Strike 458
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.16
Excerpt: ...Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) Violations of Civil Code § 1798.93; 5) Breach of Fiduciary Duty; 6) Professional Negligence; 7) Unfair Business Practices; 8) Fraudulent Concealment; 9) Negligent Misrepresentation; 10) Fraud; 11) Slander of Title; 12) Constructive ...
2024.05.16 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful/retaliatory eviction could have/should have be en raised in an earlier filed and litigated unlawful detainer action. In Opposition, Plaintiff argues that her claim ...
2024.05.16 Demurrer, Motion to Strike 333
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.16
Excerpt: ...I -CA, Inc., Marriot International, Inc. dba Los Angeles Airport Marriot, Naville Andrew McGlover, and and Does 1 to 100 for injuries arising from a motor vehicle incident on March 3, 2020 at Terminal 5 of 400 World Way, Los Angeles, CA 90045. (Compl. at p. 4.) The complaint sets forth two causes of action for (1) motor vehicle negligence and (2) breach of statutory duty (Motor Vehicle Code 17001, 17002, 17150) aga inst all named defendants and D...
2024.05.16 Demurrer, Motion to Strike 272
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.16
Excerpt: ...th 20 days leave to amend, in part. Loyola Marymount University's Motion to Strike Portions of Complaint is denied, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on July 14, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while residing in a dormitory at Loyola Marymount University (“LMU”) following a water leak. Defendant failed to make necessary ...
2024.05.16 Demurrer, Motion to Strike 220
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.05.16
Excerpt: ...G PARTY : Defendants Royal Vista San Gabriel, LLC (CRS 6562) and AHMC Healthcare, Inc. (CRS 9714) (“Defendants”) RESPONDING PARTY : Plaintiffs Vanessa Zatarain and John Paul Zatarain, both individually and as successors in interest to George Zatarain, deceased. (“Plaintiffs”) SERVICE: Demurrer filed October 5, 2023 Motion to strike filed September 26, 2023 OPPOSITION: Filed May 3, 2024 REPLY: Filed May 7, 2024 RELIEF REQUESTED Defendants ...
2024.05.16 Motion for Final Approval of Class Action and PAGA Settlement 101
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.05.16
Excerpt: ...settlement. Background Plaintiff Evi Herrera Orantes (Plaintiff) filed a complaint on behalf of himself, other aggrieved employees, and the State of California, against Defendant International School of Los Angeles – Lycee International De Los Angeles (Defendant) for Private Att orneys General Act (PAGA) penalties for that various wage and hour claims. On December 5, 2023, the Court granted preliminary approval of the class and PAGA settlement....
2024.05.16 Demurrer to FAC, Motion to Compel Responses 373
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.16
Excerpt: ...aud · Third Cause of Action for Concealment · Fourth Cause of Action for Negligence · Fifth Cause of Action for Wrongful Imprisonment · Sixth Cause of Action for Personal Injury · Seventh Cause of Action for Emotional Stress and Duress · Eighth Cause of Action for Loss of Personal Property · Ninth Cause of Action for Loss of Income · Tenth Cause of Action for Loss of Time Div. 50 Program · Eleventh Cause of Action for Loss of Record Corr...
2024.05.16 Demurrer to FAC 999
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.05.16
Excerpt: ... Gretzky and Janet Gretzky to give notice. REASONING Request for Judicial Notice Defendants Wayne Gretzky and Janet Gretzky (“Defendants”) request judicial notice of the June 22, 2023, minute order in this action, and the August 1, 2023, minute order entered in Los Angeles Superior Court Case No. 22SMCV02110 (Mahajan v. Gretzky). Defen dants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Errata Plaintiff's First A...
2024.05.16 Demurrer to FAC 913
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.05.16
Excerpt: ...filed the operative First Amended Complaint (FAC) against defendants Jim Bunch, Todd Murphy (together Defendants), and Does 1 -30 alleging four causes of action for (1) breach of contract, (2) materials furnished, (3) account stated, and (4) unjust enrichment. The FAC alleges the following: On or about April 11, 2022, the parties entered into a written contract for the renovation of the residential house located at 1009 Crestview, Glendale, CA 91...
2024.05.16 Demurrer to FAC 794
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.16
Excerpt: ...s action arises from an alleged battety ata nightclub. On September 17, 2024, Plaintiff Maria C. Arangu Torrealba went to Defendant West Hollywood Surprise, LLC dba Rocco's WEHO erroneously sued as Rocco's Tavern CC, LLC. (FirstAmended Complaint ("FAC") 12.) Defendant Tyler Clark is the general manager of Rocco's WEHO. (ld. 15.) Plamtiff alleges that after being seated near the dance floor, fivo employees (one identified as "Matthew" and the othe...
2024.05.16 Demurrer to FAC 135
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.05.16
Excerpt: ...e issued an insurance policy to Plaintiff providing full coverage of Plaintiffs' Maserati, including coverage for damages caused by uninsured motorists. Plaintiffs allege that an unidentified driver caused an auto accident resulting in personal injuries and property damage. Plaintiffs made an insurance claim with Defendant who allegedly “lowballed” offers for Plaintiffs' damage claim. Plaintiffs allege claims against Progressive for (1) breac...
2024.05.16 Demurrer 973
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.05.16
Excerpt: ...nst defendants Fortune Empire Group, Inc. (“Fortune Empire”)\ and Henry Tang (“Tang”) (collectively, “Defendants”) asserting cau\ ses of action for conversion, intentional and negligent interference with prospective economic relations, violation of Business & Professions Code section 17200 (“\ UCL”), intentional and negligent misrepresentation, misappropriation of trade s\ ecrets, and common law trademark infringement. Plaintiff a...
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...
2024.05.16 Demurrer 484
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
Excerpt: ...tive Rulings: (1) SUSTAINED. I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On May 10, 2023, Plaintiffs, Kristen Robertson and Candice Robertson (collectively, “Plaintiffs”) filed a Complaint against Defendants, NGX3, LLC, Coastline Real Estate Advisors, Inc., and DOES 1 through 50. On September 8, 2023, Plaintiffs filed a First A mended Complaint (“FAC”) alleging causes of action for: (1) Failure to Provide Habitable Dwelling; (2) Unfair Comp...
2024.05.16 Demurrer 431
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.16
Excerpt: ...VERY SERVICE, LLC dba TEMCO LOGISTICS: Plaintiff began his employment with Defendant in November 2021 as a technician. On his first day (12/7 /21), Plaintiff got in a car accident; Plaintiff was the passenger, and another company employee was the driver. Plaintiff was taken back to the warehouse and treated by “Industrial Athletes.” After weeks of pain, Defendant was put Plaintiff on light duty (e.g., sweeping), but Plaintiff could not endure...
2024.05.16 Demurrer 367
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In t...
2024.05.16 Demurrer 271
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...
2024.05.16 Demurrer 168
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.05.16
Excerpt: ...nt Anza Management Company (Defendant) and moved against the Plaintiff Aleisha Barnett's (Plaintiff) Complaint. Defendant demurs to seven causes of action: the first cause of action (COA) for battery, the third COA for intentional infliction of emotional distress (IIED), the eighth COA for violation of Civil Code sec. 1941.3, the ninth COA for violation of Civil Cod e sec. 1942.4, the tenth COA for negligent violation of statutory duty to maintai...
2024.05.16 Demurrer 062
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.16
Excerpt: ...iff does not allege purely economic loss. “ ‘[E]conomic loss' is pecuniary damage not arising from injury to the plaintiff's person or from physical harm to the plaintiff's property.” (Rest.3d Torts, Liability for Economic Harm, § 2.) Federal courts have specifically found a tort duty when repairing vehicles: “ ‘One who undertakes repairs has a duty arising in tort to do them without negligence.' ” (Sabicer v. Ford Motor Company (C.D...
2024.05.16 Application to Set Aside Arbitration Order 236
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...rt notes that neither party moves to lift the arbitration stay so that this Application may be heard. This wrongful termination action was filed by Plaintiff YANFEI TIAN (“Plaintiff”) on November 7, 2022. On September 12, 2023, this Court GRANTED Defendants Weee! Inc., Liu, and Yan's unopposed petition to compel arbitration, and this matter was ordered STA YED pending arbitration. Consequently, there is a jurisdictional issue as to whether th...
2024.05.16 Motion for Attorney Fees 964
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2024.05.16
Excerpt: ...al real property. On September 1, 2022, plaintiff Puente Hills Business Center, L.P. (Plaintiff) filed this action against Defendants A211 Incorporation (A211), Jung Il Jang (Jang) (co llectively, Defendants), and Does 1 to 10, alleging causes of action for breach of written lease agreement (as against A211), breach of written guaranty (as against Jang), and for common counts as to all Defendants. Following a non -jury trial on February 23, 2024,...
2024.05.16 Demurrer, Motion to Strike 241
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...ividually and as representative of the Estate of Daniel Gonzales. On September 25, 2024, the operative Third Amended Complaint (“TAC”) was filed. Plaintiff's TAC asserts the following causes of action: (1) Professional Negligence; (2) Violation of Elder and Dependent Adult Civil Protection Act; and (3) Wrongful Death Defendant BARLOW RESPIRATORY HOSPITAL (“Barlow”) specially and generally demurs to Plaintiff's second cause of action for e...
2024.05.16 Motion for Issue, Evidentiary, Monetary Sanctions 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...effrey Qiuhong Yang (“Plaintiff”). The Court DENIES Defendant's requests for issue and evidentiary sanctions as MOOT. The Court GRANTS Defendant's request for monetary sanctions, subject to argument as to the reasonableness of the hours claimed by Defendant. Background Plaintiff is Defendant's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it ter...
2024.05.16 Motion for Summary Judgment 139
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.05.16
Excerpt: ...n Violation of Government Code 12940, et seq. · 4th Cause of Action: Failure to Provide Reasonable Accommodation in Violation of Government Code 12940, et seq. · 5th Cause of Action: Failure to Engage in a Good Faith Interactive Process in Violation of Government Code 12940, et seq. · 6th Cause of Action: Failure to Prevent Discrimination, Harassment and Retaliation in Violation of Government Code 12940, et seq. · 7th Cause of Action: Declara...
2024.05.16 Motion for Judgment on the Pleadings 185
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.05.16
Excerpt: ...ief based upon a violation of the California Coastal Act. Plaintiff Joseph Roesler, as a taxpayer, alleges that Defendant the City of Los Angeles illegally blocked access to the beach by prohibiting parking along both sides of Vista Del Mar, a road running parallel to Dockweiler Beach from Imperial Highway to Napoleon Street (the “Subject Roadway”). Plaintiff alleges that Defendant acted in violation of the California Coastal Act (“COLA”)...
2024.05.16 Motion to Compel Arbitration 544
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.05.16
Excerpt: ...not repair. Defe ndant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (“the Act”). II. ARGUMENTS Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (“FAA”) as required by the Retail Installment Sales Contract (“Sales Contract”), which includes a provision requiring arbitration to resolve disputes co ncerning the purchase or conditi...
2024.05.16 Motion to Compel Arbitration 452
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.05.16
Excerpt: ...iffs”) filed this action against de\ fendant Tesla, Inc. (“Defendant”) asserting violations of the Song-Beverly Consumer Warranty Act (“SBA”). On November 29, 2023, Defendant filed this motion to compel Plaintiffs to arbitrate their claims and to stay the action pending the outcome of \ arbitration. The motion is unopposed. II. LEGAL STANDARD When seeking to compel arbitration, the initial burden lies with the moving party to demonstrat...
2024.05.16 Motion to Compel Arbitration 061
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.05.16
Excerpt: ...2023 ruling which granted Defendant's motion to compel arbitration. BACKGROUND Plaintiff Zhiwei Chen (“Plaintiff”) alleges that Defendant Verizon Wireless Services, LLC (“Defendant”) used a technical means to take control of his phone and make him unable to use his phone. Plaintiff alleges that Defendant forged Plaintiff's signature with the intention of taking possession of Plaintiff's property. On August 28, 2023, Plaintiff filed a Comp...
2024.05.16 Motion to Compel Answers, for Attorney Fees, for Sanctions 956
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.16
Excerpt: ...The court considered the moving papers. No opposition papers were filed. RULING The motion to compel answers to form interrogatories is GRANTED. Plaintiff is ordered to serve verified, complete, and code-compliant responses, without objections, to set one of defendant's form interrogatories within 30 days of the date of notice of this order. The motion to compel answers to special interrogatories is GRANTED. Plaintiff is ordered to serve verified...
2024.05.16 Motion to Add Proposed Joint Debtors 662
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2024.05.16
Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted. This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitration demand. The court granted Defendant's motion to compel arbitration.. The Court entered judgme...
2024.05.16 Motion for Undertaking 447
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...
2024.05.16 Motion for Undertaking 149
Location: Los Angeles
Judge: Reinert, David K
Hearing Date: 2024.05.16
Excerpt: ...os Angeles International Airport (“LAX”), City of Los Angeles (“City”), County of Los Angeles (“County”), State of California, and California Department of Transportation, arising from an incident where Plaintiff fell while riding an escalator when it malfunctioned. The Complaint alleges the sole cause of action premises liability – dangerous condition of public property. On November 6, 2023, City filed its answer to the Complaint. ...
2024.05.16 Motion for Terminating Sanctions 715
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.16
Excerpt: ... civil harassment, assault, battery, trespass, and intentional infliction of emotional distress. Previously, the Court denied without prejudice Defendants motion for terminating sanctions to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Court's November 16, 2023 Order, and instead granted lesser sanctions. (Min. Order, March 26, 2024.) On this renewed motion or terminating sanctions, Defendant ...
2024.05.16 Motion for Summary Judgment, Adjudication 932
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.16
Excerpt: ...intiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges causes of action arising from the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The Complaint alleges the following causes of action: (1) Violation of the Song -Beverly Act – Breach of Express Warranty; (2) Violation of the Song -Beverly Act – Breach of Implied War...
2024.05.16 Motion for Summary Judgment, Adjudication 414
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.05.16
Excerpt: ...uses of action. The Motion for Summary Adjudication is granted as to the fifth cause of action. Background This matter arises from the purchase of an allegedly defective 2015 Ford Edge (the “Subject Vehicle”). On March 10, 2021, Plaintiff Sassan Salehipour (“Plaintiff”) filed a Complaint against Defendants Ford Motor Company (“Ford”), Advantage Ford Lincoln (“A dvantage”) (collectively, “Defendants”) alleging causes of action ...
2024.05.16 Motion for Summary Judgment, Adjudication 317
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.05.16
Excerpt: ...Ventures, LLC RESPONDING PARTY: Plaintiff Dailygobble, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff DailyGobble, Inc., brings this Complaint against Defendants Amit Jain, Alliance Group Ventures, LLC, and Chirag Patil. Plaintiff alleges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and false...
2024.05.16 Motion for Summary Judgment 493
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...aintiffs' 2019 Mercedes Benz E -Class Vehicle. (See Complaint §§14 and 26 -29.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty (against Defendant Mercedes -Benz USA, LLC only); and (2) Negligent Repair (against Fletcher Jones only) Fletcher Jones moves for summary judgment, arguing that “FJMC cannot be held liable for negligence as it did not owe any tort duty to...
2024.05.16 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ... second amended complaint (SAC) alleging: (1) trespass; and (2) private nuisance. On 2/29/2024, Defendants moved for summary judgment, or, in the alternative, summary adjudication of Plaintiff's Complaint. Discussion Defendants move the Court for an order granting summary adjudication in favor of Defendants and against Plaintiff as to the following issue: that this Court lacks jurisdiction to enter a judgment as to whether Defendants violated the...
2024.05.16 Motion for Terminating Sanctions 961
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.16
Excerpt: ... 6, 2023, the Court ordered Plaintiff to provi de responses without objection to Defendants' request for form interrogatories and request for production within 20 days of the order. On April 12, 2024, Defendants filed the instant motion for terminating sanctions. On May 14, 2024, Plaintiff's counsel filed a declaration admitting fault for the failure to comply with this Court's order of December 6, 2023 and representing to the Court that Plaintif...
2024.05.16 Motion for Summary Adjudication 671
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.05.16
Excerpt: ...court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AIDS Healthcare Foundation's February 26, 2024 request to take judicial notice of the Third Amended Complaint filed in this action by plaintiffs Annette Turner and Tammy Davis on December 28, 2022. (Evid. Code, § 452, subd. (d).) LEGAL STANDARD The purpose of a motion for summary judgment or summa...
2024.05.16 Motion for Leave to Intervene 014
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.16
Excerpt: ...ry liability arising out of a vehicle accident on April 16, 2019, at or near the intersection of Puente Avenue and Merced Avenue in Industry. Defendant filed an answer to the complaint on August 31, 2022. On April 4, 2024, Proposed Intervenor Loya Casualty Insurance Company (“Loya”) filed this motion for leave to intervene and file an Answer-in- Intervention. Plaintiffs filed an opposition on May 2, 2024. No reply has been filed. Legal Standa...
2024.05.16 Motion for Leave to Amend Complaint 426
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...
2024.05.16 Motion for Sanctions 825
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...Inc. (“Construction Paper”) (collectively, “Cross- Defendants”). Defendant seek s issue sanctions, evidentiary sanctions, and monetary sanctions consisting of $8,910.00 in attorney's fees. The Court CONTINUES CJ's motion for terminating sanctions to June 18, 2024. If Plaintiff does not comply with all previous discovery orders and sanctions by that time, the Court will issue terminating sanctions. The Court GRANTS CJ's request for monetar...
2024.05.16 Motion for Leave to Amend Complaint 546
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...
2024.05.16 Motion for Leave to File Amended Answer 535
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.16
Excerpt: ...n May 21, 2020. On April 25, 2022, Plaintiffs Lee Shai Chiu Wu and Josephine Wu filed a complaint against Defendants GDL Delivery Corp., Rafael Famoso Campos, and Lucio Famoso Campos, alleging causes of action for motor vehicle and general negligence, stemming from a vehi cle collision that occurred on May 21, 2020. On May 23, 2023, these cases were consolidated. On April 4, 2024, Defendants filed this motion for leave to file an amended answer. ...
2024.05.16 Motion for Leave to File FAC 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.05.16
Excerpt: ...olation of Business and Professions Code, sections 17200 et seq. ; and (3) failure to pay wages due. The Court GRANTS the motion as to Plaintiff's claims for violation of meal and rest breaks and violation of Business and Professions Code, sections 17200. The Court DENIES the motion as to Plaintiff's claim for failure to pay wages. Background Plaintiff filed this action on April 20, 2022 against Defendant Real Time Staffing Servies, LLC d/b/a Sel...
2024.05.16 Motion for Leave to File SAC 170
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.16
Excerpt: ...anuary 23, 2024, Plaintiff, Karin Friedman (“Plaintiff”) filed a Complaint against Defendants, Anthony Cavuoti, LMFT, Carellon Behavioral Health of CA, Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Professional Negligence; (2) Intentional Infliction of Emotional Distress; and (3) Negligent Hiring. On March 5, 2024, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: : (1) Profes...
2024.05.16 Motion for Leave to File FAC 471
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.16
Excerpt: ...July 25, 2023. Plaintiff alleges that Defendants foreclosed on Plaintiff's home without reviewing her loss mitigation applications or contacting her before recording the Notice of Default. Plaintiff moves for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. This ruling is without prejudice to a procedurally proper motion for leave to file an amended or supplementa...
2024.05.16 Motion for Monetary Sanctions 048
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.05.16
Excerpt: ...agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage , Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) instead ...
2024.05.16 Motion for Protective Order 405
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.16
Excerpt: ... directly proves or disproves the elements of the causes of action pled in Plaintiff's Complaint, pur suant to CCP 2017.020, and/or (2) limiting or restricting the frequency/ extent/number of requests for admissions Plaintiff may utilize, pursuant to CCP 2033.080(a) and CCP 2019.030. Additionally, by this motion, Food 4 Less challenges Plaintiff's declaration of necessity used to justify more than 35 requests for admission under CCP 2033.050, pur...
2024.05.16 Motion for Protective Order 730
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.16
Excerpt: ...obert Goldston Sr. brings this suit individually and as successor in interest to his mother, Darlene Waters against various medical providers. As relevant here, Plaintiff alleges the UCLA Ronald Reagan Medical Center failed to properly assess and document the progression of a pressure ulcer in Waters' sacral region. (First Amended Complaint (“FAC”), ¶67). Further, according to Plaintiff, his mo ther developed eight additional pressure sores ...
2024.05.16 Motion for Reconsideration 460
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.05.16
Excerpt: ...Community Clinic, Emma Blandina Trejo, M.D., and Sandra Chu Damiani, M.D. SERVICE: Motion for Reconsideration filed on February 5, 2024; Motion to Strike and/or Tax Costs filed on March 8, 2024 OPPOSITION: Opposition to Motion for Reconsideration filed on May 3, 2024; Opposition to Motion to Strike and/or Tax Costs filed on March 14, 2024 REPLY: None filed as of May 14, 2024 RELIEF REQUESTED Plaintiff moves for an order striking or taxing Defenda...
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 Reconsideration, to Compel Further Responses 851
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...
2024.05.15 Motion to Deem RFAs Admitted 541
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.15
Excerpt: ... before being discovered later that day. (Complaint, ¶¶ 20-30.) On August 24, 2022, Plaintiff filed the Complaint in this action, asserting causes of action for negligent hiring, retention, and supervision; negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress against Defendants Los Angeles Unified School District (“LAUSD”), County of Los Angeles (“County”), Inclusive Education and Comm...
2024.05.15 Motion to Compel Responses, Deem RFAs Admitted, Exclude Evidence 453
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.15
Excerpt: ...thout Objections to Requests for Production of Documents (3) Motion for an Order Deeming Admitted Truth of Facts (4) Motion to Exclude Evidence of Plaintiff's Alleged Damages due to Plaintiff's Failure to Respond to Demand for bill of Particulars The Court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendant's Form Interrogatories (Set One) and Speci...
2024.05.15 Motion to Consolidate 953
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.05.15
Excerpt: ...Pleadings Plaintiff SL Retail Owner LLC (SL Retail) sues Christopher Au and Does 1 through 20 pursuant to a May 26, 2022, First Amended Complaint alleging two breach of guaranty claims. The claims arise from allegations that Keisuke LLC leased commercial mall space from SL Retail and that Keisuke LLC defaulted on its two lease agreements —the Keisuke Lease and the Ushi Ushi Lease—with Defendant Au, Keisuke LLC's guarantor, subsequently failin...
2024.05.15 Motion to Compel Responses, to Deem RFAs Admitted 349
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.15
Excerpt: ... propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on plaintiff Cheuk Ying Lam (“Plaintiff Lam”) on December 20, 2023. Responses were due on or before January 24, 2024. Hernandez's counsel avers that no responses have been served to date. Hernandez therefore seeks an order compelling Plaintiff Lam to respond, without objections, to the outstanding discovery. Plaintiff Lam...
2024.05.15 Motion to Compel Responses, to Deem RFAs Admitted 282
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.15
Excerpt: ...). Defendant also seeks monetary sanctions. Plaintiff opposes. No reply has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.¿ (Code of Civ. ...
2024.05.15 Motion to Compel Responses, to Deem RFAs Admitted 099
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.15
Excerpt: ...a complaint against Walmart, Inc. (“Defendant”) for negligence arising out of an alleged slip and fall on September 25, 2018. Walmart filed an answer on May 10, 2021 and an amended answer on May 19, 2021. On December 16, 2022, Plaintiff's counsel was relieved as counsel. On March 23, 2023, Defendant served Plaintiff with discovery, including Special Interrogatories (Set Three), Requests for Production of Documents (Set Three), and Requests fo...
2024.05.15 Motion to Compel Responses, for Sanctions 925
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.05.15
Excerpt: ...9, 2024, Defendants filed motions (1) to compel Burden's responses to request for production of documents, set one, special interrogatories, set one, and form interrogatories, set one, (2) to deem admitted matters specified in requests for admission, set one, served on Burden, and (3) to i mpose sanctions on Burden and his counsel. The motions were set for hearing on April 15, 2024. The Court continued the hearing to May 15, 2024. Burden has not ...
2024.05.15 Motion to Compel Further Responses 693
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ... Requests for Production of Documents (set one) and seek sanctions. Background On March 7, 2023, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song- Beverly Act for failure to repair or repurchase Plaintiff's 2020 Honda CR-V (Subject Vehicle) and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document req...
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...
2024.05.15 Motion to Compel Further Responses, for Sanctions 981
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.05.15
Excerpt: ...ding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding par ty, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must...
2024.05.15 Motion to Compel Further Responses, Deposition 771
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ... Ford Motor Company (Defendant), alleging: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. On 1/31/2024, Plaintiff moved to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. Discussion Plaintiff argues that good cause exists to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. - Special Interrogat...
2024.05.15 Motion to Compel Further Responses 998
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.05.15
Excerpt: ...ntary School, Mark Berendt, sexually molested Plaintiff beginning in 2007. Plaintiff was born on May 17, 1999. Berendt was arrested in 2012 for the alleg ed molestation of numerous students on the campus. On October 3, 2022, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress; Negligence; Negligent Supervision; Negligent Hiring/Retention; Negligent Failure to Warn, Train, or Educate; Breach of Fiduciary Duty; Constructive...
2024.05.15 Motion to Compel Further Responses 820
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...ment Creditor's Motion to Compel Further Responses to Special Interrogatories (Set One) is GRANTED . Judgment Debtor is ordered to provide verified, code- compliant, supplemental responses without objections within 30 days of this order. III. No sanctions are imposed. Moving party to give notice. The Motions are unopposed as of May 14, 2024. This unlawful detainer action was filed by Plaintiff BLAINE HOLDINGS & DEVELOPMENT, LLC (Plaintiff/Judgmen...
2024.05.15 Motion to Compel Further Responses 809
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...is matter was first before the Court on February 21, 2024. On that date, the Court ordered the parties to further meet and confer and file a joint statement of the remaining issues. The parties did not do so. Defendant's counsel stated that she reached out to Plaintiff's Counsel but did not get a response. The Court continued the matter to today's date. The parties filed a joint statement on May 8, 2024. Pursuant to the further meet and confer ef...
2024.05.15 Motion to Enforce Settlement 655
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.05.15
Excerpt: ...Plaintiff and Defendants Ja mgle Jam USA, Inc. and Rama McCabe on August 30, 2023, is granted. Plaintiff is entitled to an order enforcing the Judgment in the amount of $210,000.00 and retains jurisdiction over this matter pursuant to C.C.P. §664.6. Plaintiff Esther Lim (“Lim”) (“Plaintiff”) moves unopposed for this Court to set aside the judgment of dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the...
2024.05.15 Motion to Deem RFAs Admitted 937
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.05.15
Excerpt: ...tural Concrete Group, Inc. is GRANTED. Plaintiff's request for sanctions is GRANTED in the amount of $1,660 jointly and severally against SCG and its Counsel of Record. Sanctions are payable within 15 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for disability discrimination, hostile work envir...
2024.05.15 Petition to Compel Arbitration and Stay Proceedings, for Trial Preference 249
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.15
Excerpt: ...rawczyk's Motion for Trial Preference TENTATIVE RULING Belmont Village RPV, LLC, et al.'s (“Belmont Village”) and Episcopal Community & Services for Senior, et al.'s (“Canterbury”) Petitions to Compel Arbitration and Stay Proceedings are denied. Rose Marie Krawczyk's Motion for Trial Preference is granted. Background Plaintiff filed the Complaint on January 24, 2024. Plaintiff alleges the following facts. Due to the negligent and willful ...
2024.05.15 Motion to Reclassify 444
Location: Los Angeles
Judge: Reinert, David K
Hearing Date: 2024.05.15
Excerpt: ...inclusive, alleging causes of action for: (1) Negligence; (2) Negligent Hiring, Supervision, Training and Retention; (3) Assault; (4) Battery; and (5) Intentional Infliction of Emotional Distress. On August 30, 2023, Defendant Fairfield filed an Answer to the Complaint. On November 13, 2023, Plaintiff filed a Case Management Statement. Also, on November 13, 2023, default was entered against Defendant Black Badge and Defendant Sauceda. On November...
2024.05.15 Motions to Compel Further Responses 252
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.05.15
Excerpt: ..., MMAP SERVICES, INC., a California corporation; and DOES 1 -30, inclusive. CASE NO.: 22GDCV00252 MOTIONS TO COMPEL FURTHER RESPONSES MOVING PARTY : Defendant Robert Heinrich RESPONDING PARTY: Plaintiffs GC-8, LLC and San Clemente Beach Country Club RELIEF REQUESTED Defendant moves for an order compelling Plaintiffs GC -8, LLC and San Clemente Beach Country Club to provide further responses to Request for Production of Documents, Request for Admi...
2024.05.15 Special Motion to Strike 144
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.15
Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...
2024.05.15 Petition for Writ of Mandate 250
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.05.15
Excerpt: ...olice officers were involved in a vehicle pursuit and arrested the vehicle's juvenile passenger. (Administrative Record [“AR”] 0126.) There was subsequently a “use of force incident” in the report writing room involving the arr ested juvenile and another officer, Sergeant Joseph Meister (“Meister”). (Id.) Officer Tuan Le (“Le”) was present in the report writing room and witnessed the incident. (AR 016 -020, 0126.) On October 7, 20...
2024.05.15 Motions to Set Aside Default Judgment, to Vacate Default Judgment 340
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2024.05.15
Excerpt: ...k purchase agreement. In June 2023, Plaintiffs Zenith Technology Inc. (Zenith) and Zhaohui Wang entered into a written agreement with Defendant Kyle Dou in which Zenith purchased 38,250 common sto ck shares from Dou's company, Hixih Rubber Industry Group, Ltd. (Hixih). In exchange, Zenith agreed to pay $500,000 in cash, assume $230,000 in outstanding debt owed by Hixih, and issue 3,187,541 shares of Zenith's stock to Dou. Subsequently, Zenith and...
2024.05.15 Motions to Quash Subpoena, for Judgment on the Pleadings 056
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.05.15
Excerpt: ...d. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On August 19, 2022, Plaintiff Jane Doe filed the operative Complaint against Defendants LAUSD and Does 1 -60 for (1) childhood sexual abuse, (2) intentional infliction of emotional distress (“IIED”), (3) negligent hiring, supervision, and retention, (4) fai lure to...
2024.05.15 Motions to Expunge Lis Pendens and Claim Cash Bond 566
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.05.15
Excerpt: ...Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. DISCUSSION I. MOTION TO CLAIM CASH BOND Catamount moves to claim cash bond on the grounds that the Court entered judgment in favor of Catamount and the preliminary injunction in this case was dissolved. “If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court...
2024.05.15 Motions to Compel Further Responses 747
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.15
Excerpt: ...G PARTY: Plaintiff Monique Mudarris RESPONDING PARTY: Defendant Jaguar Land Rover North America, LLC (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a lemon law action under the Song- Beverly Act (“Song-Beverly” or the “Act”) arising from an allegedly defective 2018 Land Rover Range Rover (the “Vehicle”) purchased by Plaintiff on September 21, 2018. Over the next four years, Plain...
2024.05.15 Motions in Limine 617
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.15
Excerpt: ...romptly investigate and correct FEHA violations, failure to engage in the interactive process, and failure to accommodate) based on disability for conduct that occurred w ithin one year of Plaintiff's 3/20/20 DFEH Complaint, i.e., wrongful conduct based on disability that occurred before 3/19/19 is time-barred. The Court specifically granted summary adjudication against Plaintiff with respect to his claims for violation of the FEHA based on race ...
2024.05.15 Motion to Reopen Discovery 467
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.15
Excerpt: ...March 8, 2024, the Court granted in part Defendant's ex parte application and continued trial to August 6, 2024. All discovery and pre -trial motion cut -off dates remain associated with the March 26, 2024 trial date “unless otherwise stipulated by the pa rties or subject to any motion to reopen discovery.” (Min. Order, 3/8/24.) On April 4, 2024, Defendant filed the instant motion to reopen discovery to run with the current August 6, 2024 tri...
2024.05.15 Motion to Vacate Arbitration Stay and Reopen Case, for Monetary Sanctions 574
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.05.15
Excerpt: ...lly, is granted in the amount of $111,186.80. Plaintiff Thorsten D. Meier (“Meier”) (“Plaintiff”) moves unopposed to vacate this Court's arbitration stay, reopen this case in Superior Court, and award monetary sanctions against Defendants Triller, Inc. (“Triller”), Mahi de Silva (“de Silva”), and Paul Kahn (“Kahn”) (collectively, “Defendants”), jointly and severally, on the grounds Defendants materially breached the allege...
2024.05.15 Motion to Strike FAC 358
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.15
Excerpt: ...ed complaint against B&M Capital Group, LLC and Shree Ram Krishna Hari, LLC for (1) Negligence - Premises Liability/Failure to Warn/ Negligence Per Se; (2) Nuisance; (3) Intentional Infliction of Emotional Distress; (4) Breach of Contract; and (5) Fraudulent Concealment. Plaintiff seeks damages from Defendants for their alleged wanton failure to properly maintain, control or repair Plaintiff's rented hotel room number 501. [TENTATIVE] RULING Defe...
2024.05.15 Motion to Strike 098
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.15
Excerpt: ...n on August 10, 2023, asserting causes of action for wrongful death/neg ligence, negligence, negligent infliction of emotional distress, and loss of consortium against Defendant DoorDash, Inc. (“DoorDash”), Vladimir Tishchenko (“Tishchenko”), and Does 1 through 10. DoorDash and Tishchenko filed their Answers to the Complaint on September 26 and October 17, 2023. On February 7, 2024, Plaintiffs filed a motion for leave to file a proposed F...
2024.05.15 Motion to Stay or Dismiss Action 660
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.15
Excerpt: ...the Bahamas. The plane was in route from Long Island, Bahamas, to New Providence, Bahamas, when it crashed shortly after takeoff. The aircraft was owned by and operated with the implied and express consen t of Defendant Roya Mohammadi (Defendant). Defendant also selected and approved the pilot that was flying on the day of the accident. Defendant is a resident of Los Angeles County, California, and the aircraft is registered in the United States....
2024.05.15 Motion to Set Aside Default, for Leave to File and Serve New Answer, Continue Trial 906
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.15
Excerpt: ...and that Defendant never paid for these products. (Complaint, BC -1 & CC -1.) The motion now before the Court is Defendant's Motion to (1) Set Aside the Entry of Default (2) Grant Leave to File and Serve a New Answer and (3) to Continue Trial. Plaintiff filed an opposition on April 2, 2024, and Defendant filed a reply on April 8, 20 24. However, Plaintiff withdrew the opposition on April 15, 2024, and supplemental briefing was filed by Defendant ...
2024.05.15 Motion to Reopen Discovery for Limited Purpose 288
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.15
Excerpt: ...e negligence and general negligence arising out of an automobile accident occurring on February 24, 2019. On February 22, 2022, Solano and Makridis (“Defendants”) filed an answer. On November 9, 2022, Arnold filed an answer. On May 4, 2023, the Court granted Defendants' unopposed motion to continue trial. The trial date was continued to January 19, 2024. On January 2, 2024, the Court granted Plaintiff's ex parte application to continue trial,...
2024.05.15 Motion to Compel Further Responses 526
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.05.15
Excerpt: ... Filed February 8, 2024 RELIEF REQUESTED Plaintiff moves for an order compelling further responses to his requests for production of documents. BACKGROUND This case arises out of Plaintiff Justin Whiter's lemon law claim for a 2019 Ford Fusion, Vehicle Identification Number 3FA6P0HD4KR174062 (the “Subject Vehicle”). Plaintiff filed his complaint on March 7, 2023. Plaintiff filed the instant motion to compel further responses to his request fo...

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