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2024.05.15 Motion to Compel Further Discovery Responses 040
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.05.15
Excerpt: ...7 within 20 days. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to serve further responses to Plaintiff's Form Interrogatories, Set One, Nos. 6.3, 6.4, 6.5, 6.6 and 6.7, within 20 days. The Court imposes sanctions against Defendant and/or her counsel in the amount of $250.00. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 1/16/21, he was injured as a result of an automobile collision betwe...
2024.05.15 Demurrer to TAC 375
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.05.15
Excerpt: ... Defendants RQ Media Group, Inc. (“RQ Media”) and Brian Salzman (“Salzman”) (jointly, “Defendants”). On September 7, 2023, Plaintiff filed a Verified First Amended Complaint (“FAC”). The FAC alleged twelve causes of action, including causes of action for breach of contract and breach of implied covenant of good faith and fair dealing. Defendants demurred to the first cause of action of the FAC for breach of contract, and the secon...
2024.05.15 Motion for Judgment on the Pleadings 633
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...S 1 through 20 inclusive, for (1) Breach of Contract and (2) Common Counts. Defendant DAVID KIM (Defendant Kim) moves for judgment on the pleadings on Plaintiff's Complaint on the grounds that the Complaint does not state facts sufficient to constitute a cause of action against him. The Court has considered the moving, opposition, and reply papers. Meet and Confer Pursuant to Code of Civil Procedure (CCP) section 439, a motion for judgment on the...
2024.05.15 Motion for Entry of Judgment 820
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.05.15
Excerpt: ... -C31 Nordhoff Street Limited Partnership (“Owner”) filed a cross -complaint against Gabriel Hernandez, dba Prime Construction Services (“Prime”), (“General Contractor,)” for declaratory relief, equitable indemnity, contribution and for express indemnity. On December 18, 2023, the Court entered a final order on the motion of Owner for summary adjudication of the cause of action for contractual indemnity. The Court held only that if a ...
2024.05.15 Motion for Approval of PAGA Settlement 174
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.15
Excerpt: ...MARY OF ACTION AND ANALYSIS Plaintiffs Frankie Fuentes and Melquiades Martinez (Plaintiffs) move for an order approving the settlement agreement between them and Defendant Design Masonry, Inc. (Defendant). This is an employment law case that stems from Defendant's alleged failure to pay minimum wages, overtime wagers, to provide rest periods, to provide meal periods, to pay all wages earned, to indemnify, and to furnish accurate itemized wage sta...
2024.05.15 Demurrer, Motion to Strike 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.15
Excerpt: ...ervices. As relevant here, Sanchez provided gardening services on the property of Defendant Suzanne De Passe (“De Passe” or “Defendan t”) for approximately 18 years. From 2003 through May 2021, Sanchez performed services in the total sum of $36,000. De Passe did not pay the balance owed. On September 8, 2023, Plaintiff filed a Complaint against Defendant for (1) Breach of Contract, (2) Fraud, and (3) Common Counts. On March 15, 2024, Plai...
2024.05.15 Demurrer, Motion to Strike 590
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.15
Excerpt: ... Civil Code section 1793.2, subd. (d); (2) violation of Civil Code section 17 93.2, subd. (b); (3) violation of Civil Code section 1793.2, subd. (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment, stemming from Plaintiff's purchase of a 2021 Chevrolet Silverado. Defendant demurs to the fifth cause of action for fraudulent inducement – concealment on the grounds that it fails to state fac...
2024.05.15 Demurrer, Motion to Strike 500
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.15
Excerpt: ...ainst Defendants Rebecca Ju and Paul Ju (“Defendants”) on January 25, 2024. The Complaint alleged causes of action for motor vehicle negligence, negligence, and negligent entrustm ent. On February 1, 2024, the Complaint was superseded by the First Amended Complaint, which alleged “Senior Citizen Rights BPC § 13742” and “Elder Abuse § 1780.” Finally, Plaintiff filed a Second Amended Complaint on February 27, 2024 that alleges a viola...
2024.05.15 Demurrer, Motion to Strike 420
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.15
Excerpt: ...ractices, and fraud. Plaintiff seeks recovery for Defendant's alleged failure to properly maintain the rented premises where Plaintiff resided. On April 2, 2024, Defendant filed the instant demurrer and motion to strike. Plaintiff filed his opposition on May 2, 2024. Defendant filed its reply on May 8, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, ...
2024.05.15 Demurrer, Motion to Strike 278
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.15
Excerpt: ...ituted in for Doe Defendant #1 • 08/17/23: Solimar Homeowners Association substituted in for Doe Defendant #2. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability defect action. Plaintiff leased an apartment from Defendants that she alleges contained toxic mold. Defendant Solimar Homeowner's Association demurs to the Complaint and moves to strike the Complaint. TENTATIVE RULING: Defendant Solimar Homeowner's Association's Dem...
2024.05.15 Demurrer, Motion to Strike 259
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...ssor in interest to Chuleeporn Phapornchai (“Decedent”) filed a Complaint against Defendants Ensign Whittier West (“Ensign”) and PIH Health Whittier (“PIH”) alleging causes of action for: (1) Negligence; (2) Professional Negligence; (3) Elder Abuse; and (4) Wrongful Death. On November 28, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant PIH to the first cause of action in the Complaint without leave to ...
2024.05.15 Demurrer, Motion to Strike 099
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.05.15
Excerpt: ...ff's Complaint; Defendant State Farm General Insurance Company's Motion to Strike Portions of Plaintiff's Complaint; and Defendant Peter Geoffrey Bullen's Demurrer to Verified Complaint. I. Background A. Pleadings Plaintiff Fred C. Stalley sues Defendants Laleh H. Azad, Peter Geoffrey Bullen, Sean Ramann, State Farm General Insurance Company (State Farm), and Does 1 through 10 pursuant to a September 25, 2023, Complaint alleging claims of: (1) Br...
2024.05.15 Demurrer to TAC 020
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.15
Excerpt: ...ter) and SEIU Local 721. The complaint was labeled as one for discrimination a nd violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8, 2023. O...
2024.05.15 Motion for Leave to Amend Answer to Add Affirmative Defense 943
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.15
Excerpt: ...KGROUND This is a childhood sexual abuse case pursuant to Code of Civil Procedure section 340.1. On March 30, 2022, Plaintiff filed a complaint. On May 4, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of ac tion for: (1) negligence; and (2) negligent hiring, retention, and supervision. On June 16, 2022, Defendant filed its answer. DISCUSSION California Code of Civil Procedure section¿4...
2024.05.15 Demurrer to SAC 274
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.05.15
Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...
2024.05.15 Demurrer to SAC 050
Location: Los Angeles
Judge: Recana, Mel Red
Hearing Date: 2024.05.15
Excerpt: ...ngs, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. The ...
2024.05.15 Demurrer to FAP for Writ of Mandate 754
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.15
Excerpt: ...er filed the first case (Case Number 23STCP02247) against the City of Compton and Trinidad Bravo (who is incorrectly identified as “a Planning Technician for the City of Colton”). (First Amended Petition, ¶¶ 10-11.) On June 22, 2023, Petitioner submitted a Builder's Remedy application for the property located at 1601 West El Segundo Boulevard in Compton, California (the “Property”). (Id., ¶ 38.) Petitioner alleges that Trinidad Bravo r...
2024.05.15 Demurrer to FAC, Motion to Strike 225
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.15
Excerpt: ... Defendant Simcha Mandelbaum's Motion to Strike Portions of Plaintiff's First Amended Complaint. BACKGROUND ALAN TONKINS (“Tonkins”), in and through his Successor -In -Interest, JOSHUA TONKINS and JOSHUA TONIKINS (“Plaintiffs”) bring this case against GUARDIAN REHABILITATION HOSPITAL; 533 SOUTH FAIRFAX AVENUE, INC. dba GUARDIAN REHABILITATION HOSPITAL; SKILLSERVE, INC. dba US SKILLED SERVE; JANET MANDELBAUM; BRENDA MANDELBAUM; and...
2024.05.15 Demurrer to FAC 624
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.15
Excerpt: ...demurrer to Plaintiff's first, second, third, fourth and fifth causes of action is OVERRULED. Defendants' demurrer to Plaintiff's sixth, seventh, eighth, ninth and tenth causes of action is SUSTAINED with 20 days leave to amend. I. BACKGROUND On June 2, 2023, 686 -WOPG, LLC (“686 -WOPG”) filed a breach of contract action against Daniel Rodriguez, individually and as a dba of Pablito's Tacos, and Transcendent Development Group, Inc. (“Transc...
2024.05.15 Demurrer to FAC 465
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.15
Excerpt: ...OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a quiet title action. Plaintiff seeks to rescind a trustee sale that he alleges was improperly executed against his home. Defendants Miguel Victoria and Alexandria Mujica demur to the first amended complaint. TENTATIVE RULING: Defendants Miguel Victoria and Alexandria Mujica's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend. DISCUSSION : Defendants Miguel Victoria and Alexandr...
2024.05.15 Demurrer to Complaint 746
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.05.15
Excerpt: ...f Ferdinand U. Doria's (“Doria”) (“Plaintiff”) complaint (“Complaint”) on the basis the 6th and 7th causes of action fail to state facts sufficient to allege causes of action against Defendant. (Notice of Demurrer, pgs. 1 -2; C.C.P. §430.10(e).) Background Plaintiff filed his operative Complaint on July 31, 2023, alleging eight causes of action: (1) specific performance or damages based upon breach of express contract; (2) constructi...
2024.05.15 Demurrer 689
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.15
Excerpt: ...STAINED with twenty (20) days leave to amend as to the First, Second, and Fourth causes of action, and MOOTED as to the Third and Fifth causes of action. I. BACKGROUND A. Factual On May 26, 2023, Plaintiff, Fadriko Dillon (“Plaintiff”) filed a Complaint against Defendant, Centinela Hospital Medical Center, Prime Healthcare Services, LLC, and DOES 1 through 50. On June 23, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On Decembe...
2024.05.15 Motion to Compel Further Discovery 125
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.15
Excerpt: ...sure. Plaintiffs Kimberly Davis and Jonathan M. Davis filed a complaint against Defendants U.S. Bank National Association, as Trustee of Mstr Adjustabl-Rate Mortgages Trust 2006 -OA2 (“U.S. Bank”); Nationstar Mortgage LL C d/b/a Mr. Cooper (“Nationstar”) and Quality Loan Service Corporation for 1) Breach of Contract; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Violations of the Rosenthal Act; 4) Violations of the ...
2024.05.15 Demurrer 071
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.15
Excerpt: ...a Arasheben's (Plaintiff) tenancy at property located at 10780 Adora Ave., Unit A, in Chatsworth, California. Plaintiff alleges that she rented the property from Defendant and owner, Mark Nayfeld. The allegations in the complaint imply that Mark Nayfeld resided in a neighboring property and that conditions on that property caused the property where Plaintiff resided to become dangerous and infested with bugs, fleas, and bed bugs. Plaintiff allege...
2024.05.15 Demurrer 014
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.05.15
Excerpt: ...pending the disposition of the unlawful detainer action. This action arises from a commercial landlord -tenant dispute. On March 15, 2023, Plaintiff 819 S. Flower, LP (Plaintiff) and Defendants LuxUrban RE Holdings, LLC and LuxUrban Hotels Inc. (Defendants) entered into a commercial lease to operate a hotel (Original Lease). The First Amended Complaint (“FAC”) alleges that Defendants made a number of fraudulent representations to induce Plain...
2024.05.15 Motion for Judgment on the Pleadings 920
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...n 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 the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...
2024.05.15 Demurrer 211
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.05.15
Excerpt: ...dalupe Esquivel -Carreon (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order from this Court granting Defendant's demurrer to the First Amended Complaint. TENTATIVE RULING: The demurrer is OVERRULED. BACKGROUND This action arises from alleged personal injury and property damage sustained by Plaintiff Jose Antonio Mesa -Marentes in a motor vehicle collision with a vehicle operated by Defendant Driver Steven Bloberg (the “Crash...
2024.05.15 Motion for Leave to File Amended Answer 388
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.05.15
Excerpt: ...rtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any plead...
2024.05.15 Motion for Trial Setting 234
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.15
Excerpt: ...Garcia and Esperanza Garcia filed this action against Defendant Luzelena Ruffalo. The Complaint alleges the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Order Cancelling Instrument C/A 3: Constructive Trust The Complaint alleges the following. On June 17, 1997, Plaintiffs purchased the real property ("Property") commonly described as 2743 Flower 14 Street, Huntington Park, CA 90255. Plaintiffs took title to the Property...
2024.05.15 Motion for Leave to File FAC 457
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.15
Excerpt: ... May 8, 2023. Plaintiff alleges the following facts. Defendant requested that Plaintiff supply fog lamps for electric vehicles. Plaintiff incurred expenses in manufacturing the fog lamps. However, Defendant delayed productio n of the vehicles and ultimately reneged on its agreement. Plaintiff demanded that it be compensated for the capital expenditures made in reliance on Defendant's order. Defendant first agreed to make installment payments, and...
2024.05.15 Motion to Compel Deposition of PMQ 975
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.15
Excerpt: ...fendant opposes and Plaintiff replies. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party -affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) ...
2024.05.15 Motion to Compel Deposition 266
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.15
Excerpt: ...rip and fall occurring on December 1, 2019. On May 27, 2022, Nouman Fadel Hannoun, Vicki Hannoun, and Crestline Valero Market, filed an answer to the complaint and a cross -complaint against Roes 1 through 10. Plaintiff noticed the deposition of Christina Neria, a former employee of Defendants, and personally served Ms. Neria with a deposition subpoena. (Bourret -Roy Decl., ¶ 4 & Exhs. B - C.) The deposition was scheduled for March 11, but Ms. N...
2024.05.15 Motion to Compel Compliance, for Monetary Sanctions 402
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.15
Excerpt: ...ADO: Plaintiff is the owner of two vehicles, a Tesla and Prius. Plaintiff's husband, Antonio Wong (Wong), “gave Delgado an envelope full of titles which were in tended to be the titles of the business vehicles” (Complaint P11) wherein Wong pledged various vehicles as collateral for but Wong inadvertently gave vehicle titles to Plaintiff's two vehicles. Plaintiff asserts that based thereon, Delgado has unlawful possession of the two vehicles. ...
2024.05.15 Motion to Compel Compliance with Deposition Subpoena 015
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.05.15
Excerpt: ...f the notice of ruling. Contempt sanctions are declined. Background Plaintiff Ruben Olague (“Plaintiff”) alleges as follows: Plaintiff is a dependent adult. Plaintiff was a resident at Inland Valley Care and Rehabilitation Center in Pomona, from in or about May 2023 through July 2023. Plaintiff developed severe pressure sores as a result of deficiencies in care. On April 24, 2024, Plaintiff filed a First Amended Complaint, asserting causes of...
2024.05.15 Motion to Compel Compliance with Business Records Deposition Subpoena 458
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.15
Excerpt: ....) BACKGROUND On February 6, 2024, Plaintiffs Kimberly Davis and Jonathan Davis filed a third amended complaint against Defendants Paige Hemmis, Jason Short, Ameka Benton, Scott Fields, Hallmark Cards, Inc., Crown Media Holdings, Inc., Paige 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) Tres...
2024.05.15 Motion to Compel Arbitration 854
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...mon counts. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. The motion is unopposed. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission a...
2024.05.15 Motion to Compel Arbitration 178
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.15
Excerpt: ...tive. In 2003, Kassan founded the strategic advisory firm MediaLink LLC (“MediaLink”). In 2021, United Talent Agency LLC (“UTA”) MediaLink, and Kassan entered into the Partner Services Agreement (the “PSA”) for UTA's acquisition of MediaLink. The PSA contains restrictive covenants for noncompetition and nonsolicitation. As part of the acquisition, Kassan remained CEO of MediaLink and became a partner at UTA. After joining UTA, allege ...
2024.05.15 Motion to be Relieved from Deemed Admissions 970
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.15
Excerpt: ...his is a premises liability negligence case. On December 2, 2020, plaintiff Mary Howard (“Plaintiff”) “fell in a recessed painted and camouflaged area of the asphalt” in the parking lot of a shopping center maintained by defendant El Camino Shopping Cente r, LLC (“Defendant”). (Complaint p. 4.) On November 10, 2022, Plaintiff initiated this lawsuit by filing a form complaint (the “Complaint”) alleging causes of action for (1) negl...
2024.05.15 Motion to Approvel Sale of Assets 144
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.15
Excerpt: ...��Avalon”) operates a mental health care and drug rehabilitation facility in Malibu, California (the “Facility”). Colorado Bankers Life Insurance Company (“CBL”) provides financing to Avalon and is secured by a first lien on virtually all of Avalon's assets. Avalon defaulte d on its debt to CBL by failing to make payments as they come due and failing to pay the accelerated balance. The other Defendants – New Vista Behavioral Health LL...
2024.05.15 Motion to Amend Judgment 015
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.05.15
Excerpt: ...s Court to amend the judgment in this matter entered on February 1, 2024, against Respondents Manuel Bernal (“Manuel”), Bernal Capital Group (“BCG”) and 702 Saint Andrews, LLC (“Seller”) (collectively “Respondents”) to include Albert Bernal (“Albert”) as a judgment debtor on the grounds Albert (i) is a general partner of Respondent and judgment debtor BCG; (ii) is the alter ego of Respondent and judgment debtor BCG; (iii) is t...
2024.05.15 Motion to Compel Deposition of PMK 421
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...nd DOES 1 -10, alleging a sole cause of action for Violations of the Unruh Civil Rights Act. After default was entered against Defendant Fan Shin, and the parties subsequently stipulated to set aside such default, Plaintiff filed a First Amended Complaint against Defendant Fan Shin and Ponce's Bakery (“PB”) on December 14, 2022. On June 15, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant Fan Shin to the FAC wi...
2024.05.15 Motion for Terminating Sanctions, to Deem RFAs Admitted 785
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.15
Excerpt: ...��Plaintiff”) filed this action against defendants Hamza Krofess and Does 1 to 50 for damages arising from a motor vehicle accident. Plaintiff filed amendments to complaint naming Raiser LLC as Doe 1, Raiser-CA LLC as Doe 2, and Raiser – DC LLC as Doe 3. On March 4, 2024, Raiser LLC and Raiser -CA LLC (collectively, “Raiser”) filed a motion to have its request for admissions (“RFAs”), set two, be deemed admitted against Plaintiff. On ...
2024.05.15 Motion for Reconsideration 567
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.15
Excerpt: ...¶¶ 20, 26.) A subsequent MRI revealed that Plaintiff suffered a stroke, causing central visual impairment, dysphagia, and cognitive and behavioral issues. (5AC ¶ 32.) On October 12, 2021, Plaintiff brought suit against the surgeon, Defendant Dale Prokupek, M.D. and Defendant Dale Prokupek, M.D., Inc. (“Prokupek”); anesthesiologist Defendant Michelle Dinh, M.D. (“Dinh”); and Defendant Soma Surgery Center, Inc. (“Soma”), where the en...
2024.05.15 Motion for Summary Judgment, Adjudication 916
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.15
Excerpt: ...n Patel, and Defendant Miguel Soltero CASE HISTORY : · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT O...
2024.05.15 Motion for Leave to File FAC and FAA 478
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.05.15
Excerpt: ...rdirossian Akaragian LLP Joinder by Defendant Gerald Kroll Tentative Ruling: The Motion for Leave to File a First Amended Complaint and First Amended Answer to the Cross -Complaint is denied. This is an action for declaratory relief. On April 4, 2023, Plaintiff Christopher Chong (Plaintiff or Chong) filed the instant action for declaratory relief, seeking – in relevant part – a judicial declaration that Mardirossian Akaragian LLP's (Defendant...
2024.05.15 Motion for Pre-Trial Discovery 496
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.15
Excerpt: ...arza (“Esparza”) filed the complaint in Case No. 22STCV21496 against Samantha Friedman (“Friedman”), Evan Wildstein (“Wildstein”), and Does 1 through 50 asserting causes of action for motor vehicle negligence and general negligence (the “Esparza Action”). Friedman and Wildstein filed their answers in August and October 2022. On September 13, 2022, Plaintiff City of Los Angeles (“City”) filed the complaint in Case No. 22STCV298...
2024.05.15 Motion for Protective Order 405
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.15
Excerpt: ...of documents/inspection demands to information/evidence that directly proves or disproves the elements of the causes of action pl ed in Plaintiff's Complaint, pursuant to CCP 2017.020, and/or (2) limiting or restricting the frequency/extent/number of requests for production of documents Plaintiff may utilize, pursuant to CCP 2019.030. Additionally, Food 4 Less requests an order imposing sanctions jointly on Plaintiff and her counsel of record, Ru...
2024.05.15 Motion for Leave to File SACC 190
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.15
Excerpt: ...hat Nissani's and Sarraf's personal guaranty agreements “are void because they are the product of forgery and were never agreed to by Nissani or Sarraf.” (Id., ¶ 32.) Defendants' motion relies on the incorrect premise that their proposed cause of action for cancellation of instruments is a compulsory crossclaim. If correct, that would limit the court's discretion to deny leave to amend. When a party fails to timely bring compulsory crossclai...
2024.05.15 Motion for Reconsideration 979
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.15
Excerpt: ...inst Defendant Ven- Ghee Koh, an individual DBA Win Way Academy alleging damages of $37,862.48, with interesting continuing to accure on the past due rent. On May 18, 2023, default was entered against Defendant. On July 18, 2023, default judgment was entered against Defendant in the amount of $48,039.08. On January 5, 2024, Defendant filed a motion to set aside default and default judgment, which the court on January 30, 2024, the court denied wi...
2024.05.15 Motion for Sanctions 994
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.05.15
Excerpt: ...dant/Cross -Complainant Norberto Fregoso and Defendant Complete Industrial Repair, Inc.'s Motion for Sanctions Against Plaintiff/Cross - Defendant Abel Nevarez. I. Background A. Pleadings Plaintiff Abel Nevarez sues Defendant Norberto Fregoso, Complete Industrial Repair, Inc., and Does 1-15 pursuant to a September 8, 2022 First Amended Complaint (FAC) alleging claims of (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Im...
2024.05.15 Motion for Summary Adjudication 228
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.15
Excerpt: ... DEFENDANT LANDRY DESIGN GROUP INC.'S MOTION FOR SUMMARY ADJUDICATION Date: May 15, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Landry Design Group Inc. (“Moving Defendant” or “LDG”) RESPONDING PARTY: Plaintiff Ted Waitt, Trustee of The Nightingale Trust dated November 1, 2017 (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 29, 2021, Plaintiff filed a Complaint against Defen...
2024.05.15 Motion for Summary Judgment 591
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.15
Excerpt: ...nsportation, California Highway Patrol (“CHP”), the Los Angeles County Metropolitan Transportation Authority, the City of Long Beach, the County of Los Angeles, Kenny's Auto Service, II, and John Doe on June 2, 2021. On July 11, 2023, CHP filed the instant motion for summary judgment. The motion is unopposed. LEGAL STANDARD A motion for summary judgment or adjudication provides “courts with a mechanism to cut through the parties' pleadings ...
2024.05.15 Motion for Summary Judgment 978
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.05.15
Excerpt: ...ear by LACourtConnect rather than in person due to the COVID-19 pandemic. On June 1, 2022, Plaintiff Diego Mejia Duarte filed the operative Complaint for violations of the PAGA against Defendant Apple, Inc. Defendant now moves for summary judgment on the ground that Duarte does not have standing because he did not suffer any Labor Code violations. Specifically, Defendant argues that “Plaintiff identified the following items that he claims shoul...
2024.05.14 Motion to Quash Service of Process 547
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2024.05.14
Excerpt: ...RANTED. Defendant Fred Gsell RJN is GRANTED. REASONING “California's long -arm statute authorizes California courts to exercise jurisdiction on any basis not inconsistent with the Constitution of the United States or the Constitution of California. A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause ...
2024.05.14 Motion to Quash Deposition Notice 864
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.05.14
Excerpt: ... LLC is DENIED. FA9's PMK is ordered to appear for deposition within 30 days. Counsel are to meet and confer regarding a mutually agreeable date within the next 30 days. The motion for a protective order is GRANTED. Moving party to give notice. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows: On July 18, 2019, Plaintiff and Defendants entered into a written loan agreement for $60,000.00, interest free. (Co...
2024.05.14 Motion to Enforce Settlement 276
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.05.14
Excerpt: ...ing from an automobile collision. On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds. Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6. Defendant opposes the motion, and Plaintiff filed a reply. At the April 30, 2024 hearing on this matter, after hearing oral argument, the Court agreed to tak...
2024.05.14 Motion to Dismiss for Failure to Prosecute 729
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: ... then transferred to an independent calendar courtroom. (Minute Order, 09/23/20.) Proofs of service of the Summons and Complaint were filed in October 2021. From early 2022 to mid -2023, Defendants filed challenges to the pleadings, including the Second and Third Amended Complaints. On May 11, 2023, the Court sustained Defendants ' demurrer to the non- negligence causes of action without leave to amend and set an order to show cause why the actio...
2024.05.14 Motion to Dismiss FACC 370
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.05.14
Excerpt: ...e 5, 2020, Consumer Advocacy Group, Inc. filed this action against Pegasus Trucking, LLC dba Fallas Discount Stores (“Pegasus”), alleging violations of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 . On March 12, 2021, Pegasus filed a Cross -Complaint against a number of Cross -Defendants, including Sacha Handbags, Inc. and Yoki Fashion, Inc. Pegasus filed the operative First Amended Cross -Complaint (“FACC”) o...
2024.05.14 Motion to Continue Trial 488
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.14
Excerpt: ...024. BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. Plaintiff filed the Motion to Continue Trial (the “Motion”) currently before the Court on April 17, 2024. The Court advanced the hearing date on the Motion from July 1, 2024 to May 14, 2024 on April 22, 20...
2024.05.14 Motion to Compel Production, for Sanctions 150
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.05.14
Excerpt: ...for Sanctions is GRANTED in part. Big Bus is ORDERED to produce all non -privileged document responses to Starline's RPD Nos. 28– 30, 33 –36, 38, and 44 –45 within seven days of the issuance of this Order. Any documents withheld on the basis of privilege must be noted with a privilege log, pursuant to Code of Civil Procedure section 2031.240. Big Bus is ORDERED to produce a production log, or otherwise sufficiently identify the documents pr...
2024.05.14 Motion to Compel Production of Docs, Records at Deposition 374
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.14
Excerpt: ...on for an Order to Compel Defendant Rochelle H. Sterling to Produce Documents, Records and Other Material at Deposition is DENIED without prejudice. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed this action against Defendants Rochelle H. Sterling (“Sterling”), Beverly Hills Properties (“BHP”), The Sterling Family Trust, Susan Robman and Does 1 -50 (collectively, “Defendants”). This action arises ...
2024.05.14 Motion to Compel Further Responses, to Strike, Demurrer 112
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.14
Excerpt: ...e r Tentative Rulings: (1) MTC is mostly Grante d (2) Request for Monetary Sanctions is granted in a lowered amount . (3) Demurrer SUSTAINED without leave to amend. I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿¿ On November 1, 2022, Plaintiff, Reza Abolahrar (“Plaintiff”) filed a Complaint against Defendants, PNC Bank, National Association, Joshua Wolfson a/k/a Josh Wolfson d/b/a Executive Funding Solutions, and DOES 1 through 20. On April 27, 20...
2024.05.14 Motion to Compel Further Responses, for Sanctions 563
Location: Los Angeles
Judge: Heeseman, Nicole
Hearing Date: 2024.05.14
Excerpt: ...nd no substantive or responsive documents. Plaintiffs requested and received a 30- day extension to complete these responses. No further responses were received. On February 23, 2024, Defendant provided another 7 -day extension to respond. No further responses were provided. On April 15, 2024, Defendant filed these Motions to Compel Further Responses to Form Interrogatories (Set One) from Plaintiffs. While Plaintiffs expressly do not oppose the m...
2024.05.14 Motion to Compel Further Resonses, for Sanctions 654
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.14
Excerpt: ...ve Rulings: (1) DENIED (2) DENIED. I. BACKGROUND A. Factual This case originates from a Complaint filed by Plaintiff, Jiali Yan (“Plaintiff”) against Defendants, Michael Antony Forbes dba Forbes Estates, LLC, and DOES 1 through 10. The Complaint alleges a cause of action for: (1) Fraud. A non -jury trial took place in this case between March 15, 2023 and March 17, 2023. A Statement of Decision was filed on April 18, 2023. The Court found that...
2024.05.14 Motion to Compel Further Responses 723
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.14
Excerpt: ...yable to Defendants within 30 days. Defendants to provide notice. DISCUSSION “Any party may obtain discovery . . . by propounding 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; Sin...
2024.05.14 Motion to Compel Further Responses 675
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.14
Excerpt: ... through 100, inclusive, alleging causes of action for: (1) Premis es Liability; and (2) Negligence. Plaintiff alleges that on January 12, 2020, she suffered serious and life-altering injuries when she was involved in a trip -and- fall while at a building that was under construction being performed by Defendants. (Complaint, ¶ 1.) Plaintiff alleges that she was showing a prospective tenant a unit on the fourth floor when, while crossing a hallwa...
2024.05.14 Motion to Compel Further Responses 419
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.05.14
Excerpt: ...laintiff's Requests for Production of Documents (“RFPs”), Set One, Request No. 17. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's RFP No. 17 within 30 days. BACKGROUND This is a childhood sexual assault action in which Plaintiff alleges that in 1980, she was sexually assaulted, abused, and harassed by Doe defendant 1, Plaintiff's high school band and orchestra teacher, ...
2024.05.14 Motion to Compel Further Responses 003
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ...aintiff Gertrud Jacoby (“Plaintiff”) was a resident at Defendant La Mirada Post Acute LLC's (“Defendant”) skilled nursing facility. On January 3, 2023, Plaintiff and Successor in Interest Brain Jacoby brought this action against Defendant alleging the following causes of action: (1) Elder Abuse and Neglect and (2) Violation of Residents' Rights, (3) Negligence, and (4) Wrongful Death. The Complaint alleges that Defendant's “consistent f...
2024.05.14 Motion to Compel Examination by Neurosurgeon 782
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.14
Excerpt: ... Construction, LLC (Atkinson), and State of California Department of Transportation (Caltrans), alleging causes of action for negligence (a gainst Atkinson), statutory liability/dangerous condition of public property (against Caltrans), and loss of consortium. The SAC alleges that on February 11, 2020, Plaintiff Kamal, a 58-year-old man was sitting in his parked work truck, on the West SR -60 Freeway, in the number four lane when a vehicle travel...
2024.05.14 Motion to Compel Deposition 741
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ...rresponding request for production. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move f...
2024.05.14 Motion to Compel Compliance with Subpoena for Production of Business Records 532
Location: Los Angeles
Judge: Heeseman, Nicole
Hearing Date: 2024.05.14
Excerpt: ...Production of Business Records. Defendants Velez and Classic Distribution request monetary sanct ions in the amount of $2,660.00. Analysis Defendants Velez and Classic Distribution's subpoena requests a wide range of medical documents from Pledge Medical. In addition to Plaintiff's medical records regarding treatment received after the motor vehicle incident involving Defendant Velez, the sub poena also requests numerous documents regarding non-p...
2024.05.14 Motion to Compel Arbitration and Stay Proceedings 615
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.05.14
Excerpt: ...Aquino (“Plaintiff”) filed this action on August 7, 2023 against Defendants Dawn Dee Motel and Apartments, a company doing business as Comfort Inn Santa Monica, and Leticia Gonzalez. The Complaint alleges causes of action for (1) sexual battery, (2) battery, (3) assault, (4) gender violence, (5) discrimination, (6) harassment, (7) retaliation, (8) failure to provide reasonable accommodation, (9) failure to engage in a good-faith interactive p...
2024.05.14 Motion to Compel Arbitration and Stay Proceedings 446
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.14
Excerpt: ...ion, to arbitration. The court orders this action stayed as to those parties until the completion of arbitration. BACKGROUND On 7/28/2023, plaintiff BLF, Inc., a California corporation doing business as Larrabure Framing (“Plaintiff”), filed this action. On 8/25/2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendants Milender White Residential Socal Corp. (“Milender White” or “MWR”), Inglewood Market...
2024.05.14 Motion to Quash Subpoenas for Business Records 378
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.14
Excerpt: ... FACTS AND/OR PROCEEDINGS: This is an action for breach of contract stemming from a commercial banking agreement. Plaintiff moves to quash a series of third- party subpoenas for business records propounded to various financial institutions by Defendant. TENTATIVE RULING: Plaintiff's Motion to Quash Third -Party Subpoenas for Business Records is GRANTED. This ruling is conditioned on payment of $300 in filing fees within 10 days of this order. DIS...
2024.05.14 Motion to Quash Service of Summons and Complaint 465
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.05.14
Excerpt: ...e ground of lack of jurisdiction of the court over him. Defendant Jean- Pierre Murray (“Defendant”) moves to quash service of the summons and complaint upon him on the ground that Plaintiffs Richard N. Husky and Kevan J. Husky (“Plaintiffs”) did not serve Defendant by substituted service, nor was posting and mailing service proper here. Notably, “[w]hen a defendant challenges the co urt's personal jurisdiction on the ground of improper ...
2024.05.14 Motions in Limine 538
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2024.05.14
Excerpt: ...-day noti ce (January, 2022 through December, 2022). MIL 2. Statements that the defendant caused the delay in bringing the matter to trial; MIL 3. Evidence not produced in discovery. All three motions were denied. MIL 1: allegations of contract or wrongdoing are not required since an unlawful detainer action inherently involves a contract breach or wrongdoing. Also, unpaid rent after the three-day notice is called holdover “damages”. MIL 2: T...
2024.05.14 Motion to Quash Summons 298
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.05.14
Excerpt: ...ct, unjust enrichment/quantum meruit, and breach of guaran ty agreement. On January 12, 2024, Plaintiff filed Judicial Council Form POS- 010, Proof of Service of Summons as to Defendant Slauson Gas Station Inc. On January 29, 2024, Plaintiff filed Judicial Council Form POS- 010, Proof of Service of Summons as to Defendant Hooman M. Nissani. On March 28, 2024, Specially-Appearing Defendant Hooman Nissani filed his Motion to Quash Summons. Speciall...
2024.05.14 Motions to Approve Good Faith Settlement 131
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.05.14
Excerpt: ...rtroom 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. No oppositions were filed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co -obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other clai...
2024.05.14 Writ of Attachment 660
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.14
Excerpt: ...Charity Brockman Trust Dated 9 -28- 07 Responding Party: Defendants Kravetz Capital Funding, LLC, Norman J. Kravetz and Diversified Business Operations BACKGROUND On December 22, 2023, Plaintiffs Connie Brockman a/k/a Constance Brockman (“Mrs. Brockman”), an individual and trustee of The Brockman Trust Dated October 24, 2000 (“Brockman Trust”), and trustee of the Provident Trust Group, LLC FBO: Connie Brockman Solo 401K (“Provident”);...
2024.05.14 Petitions to Vacate Arbitration Award, to Confirm Award 414
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.14
Excerpt: ...�Kull”); and Natasha Nathan (“Nathan”) (collectively “Defendants”), for wrongful termination and violations of the California Labor Code and the FEHA. Plain tiff alleges that Kull and Nathan discriminated against him because of his age. On July 22, 2022, Defendants moved to compel arbitration. The court granted the motion on August 17, 2022. The arbitration proceeded with JAMS. Arbitrator Zela G. Claiborne (Arbitrator Claiborne) issued ...
2024.05.14 Petition to Vacate Arbitration Award 097
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.05.14
Excerpt: ...E RULING: 1. The Petition to Vacate the Contractual Arbitration Award is DENIED; STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 8, 2021, Plaintiff Serena Serrano (Plaintiff) filed a Complaint against Defendants Core Community Organized Relief Effort, Ann Young, City of Los Angeles, Los Angeles Fire Department, and Jamie Lesinki (Defendants) with nine causes of action f or (1) Hostile Work Environment Sexual Harassment (2) Gender Vio...
2024.05.14 Petition to Confirm Arbitration Award 499
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: .... ANALYSIS: On December 14, 2023, Petitioner Jordan Roberts (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Carlos Caraccioli (“Respondent”). The Petition was initially set for hearing on April 18, 2024 but continued the day b efore to May 14, 2024 with an order from the Court for Petitioner to give notice to all parties. (Notice Re: Continuance, 04/17/24.) No proof of service of the Petition or h...
2024.05.14 Petition to Confirm Arbitration Award 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.14
Excerpt: ...l Ltd., and Rocio Trading Corporation, filed a Petition to Confirm Contractual Arbitration Award against Respondent, RT Features U.S., LLC (“RT Features”). The Petition is redacted. On January 25, 2024, Petitioners filed a Motion to File Portions of Petition to Confirm Arbitration Award Under Seal. The court granted the unopposed motion on April 11, 2024. On April 15, 2024, Petitioners served Respondent with Notice of Hearing for the Petition...
2024.05.14 Petition for Writ of Mandate 715
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.14
Excerpt: ... after he had been drinking heavily. Petitioner maintained that he was suffering from post -traumatic stress disorder (“PTSD”) stemming from his military service. The Chief of Police (the “Chief”) ordered a Board of Rights (the “Board”) hearing on three charges. The Board found Petitioner guilty and recommended a penalty of termination, which the Chief imposed. Now, Petitioner petitions for a writ of administrative mandate directing t...
2024.05.14 Motions to Compel Further Responses 666
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.05.14
Excerpt: ... discovery sought. (Code Civ. Proc., sec. 2031.310(b)(1).) The motions must be accompanied by good faith meet and confer declarations and separate statements and must be brought within 45 days of service of the responses, unless stipulated in writing otherwise. (Code Civ. Proc., secs. 2030.300(c) and 2031.310(c).) Plaintiffs showed good cause for RFP nos. 22 and 23 because Defendant's insurance policies are allow ed discovery demands based upon t...
2024.05.14 Motions to Compel Further Responses 426
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.14
Excerpt: ...f Noemi Ceja for Form Interrogatories and Special Interrogatories (Reservation ID 042773476684); (2) a motion to compel further response s from Plaintiff Carlos Figueroa for Form Interrogatories and Special Interrogatories (Reservation ID 678564236875); and (3) a motion to compel further responses from Plaintiff Dominique Santana for Form Interrogatories and Special Interrogatories (Reservation ID 994477943824). Each motion also requests sanction...
2024.05.14 Motions to Compel Further Discovery Responses 193
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.14
Excerpt: ...d confer as required. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Plaintiff shows a sufficient effort to meet and confer. On February 22, 2024, plaintiff's counsel sent QTC's counsel a long email discussing the disputed form interrogatories and requests for production. (Zilikyan Decl., Ex...
2024.05.14 Motion to Vacate or Correct Arbitration Award, Petition to Confirm Arbitration Award 001
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.14
Excerpt: ... the Arbitration Award in its favor. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Key commenced this proceeding on September 13, 2021. The operative pleading is the First Amended Petition (“FAP”), filed on April 18, 2022 against Association and Land Mark Electric, Inc. (“Land Mark”) and alleging cla...
2024.05.14 Motion to Set Aside Default Judgment 094
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ... within 5 court days. Defendants to give notice. The complaint was filed on April 10, 2023, by Plaintiffs Robert W. Harrold and Maureen M. Harrold against Defendants Enzo Enterprises, Smooth Sailing Consultants GP, and Darius Rutledge alleging (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Quiet Title; (4) Cancellation of Instruments; (5) Declaratory Relief; (6) Slander of Title; and (7) Unjust Enrichment. On April 11, 2023, Plaintiffs filed an...
2024.05.14 Motion to Vacate Judgment 584
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.14
Excerpt: ...rty located at 344 S. Rexford Drive #6, Beverly Hills, California 90212 (the “Premises”). Plaintiff Miriams Well, LLC is the Landlord. The parties signed an “Unlawful Detainer Stipulation and Judgment”. The stipulation provided for judgment of $42,600 which was subject to partial waiver if Tenants made timely payments of (1) $7,200 on July 20, 2023, (2) $7,200 on September 20, 2023, and (3) an additional $200 per month for 12 months begin...
2024.05.14 Motion to Vacate Dismissal of Defendants 690
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.14
Excerpt: ...individual employees of the county (“County Employees”) [1] (collectively “Defendants”) following events surrounding the arrest and trial of Plaintiff's client, Blake Leibel, for murder. The complaint alleges the following facts: Plaintiff is an entertainment lawyer who represents Leibel. On May 26, 2016, Leibel was arrested for the murder of Iana Kasian. Plaintiff met with Leibel the following day at the county's Twin Towers Correctional...
2024.05.14 Motion to Transfer and Consolidate Actions Pending in Different Courts 206
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.14
Excerpt: ...ferent Courts is GRANTED. I. BACKGROUND On January 4, 2022, Plaintiff John Risk, individually and as Trustee of the Anne Risk Trust, filed the instant action against Defendants Franklin R. Fraley, Jr. (“Fraley”); Fraley & Associates (“F & A”); and the American Arbitration Association. From approximately 2013 to 2019, Fraley and F & A represented Anne Risk and her trusts in an action in the Orange County Superior Court entitled Risk v. Cox...
2024.05.14 Motion to Strike FAC 067
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.05.14
Excerpt: ...io and David Gorgonio (“Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order from this Court striking the Fourth Cause of Action for punitive damages, in its entirety. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises from alleged personal injuries caused by an automobile accident that occurred on February 21, 2022. (FAC, ¶¶ 7, 42.) On January 8, 2024, Plaintiffs initiated the action. Subsequently, on February 28, 2024, P...
2024.05.14 Motion to Strike 690
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.05.14
Excerpt: ...it, located at 13700 Marina Pointe Drive #1809, Marina del Rey, California (the “Property”). (Compl. ¶ 2.) Defendants Ben Sayani and Valeh Raissi are tenants of the Property. ( Id. ¶6.) Plaintiff and Defendants entered into a written lease agreement for the Property on May 3, 2016. ( Id. ) The lease was subsequently extended in 2017, 2018, 2019 and finally on January 31, 2020. ( Id. ) After the termination of the lease, on March 31, 2020, D...
2024.05.14 Motion to Strike 386
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.05.14
Excerpt: ...sition to Hajoca's demurrer and motion to strike no later than May 29, 2024. Hajoca may file a reply no later than June 4, 2024. Moving party to provide notice. FACTUAL BACKGROUND This motion pertains to a Cross -Complainant filed by Goodson Real Estate Co. (GRE) and HIMR Normandie JV, LLC (HIMR) against Cross -Defendants Express Remodeling & Plumbing Inc. (Express), Jacom Mullem, The North River Insurance Company (North River), Hudso n Insurance...
2024.05.14 Motion to Strike 122
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.05.14
Excerpt: ... Portions of Plaintiff's Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on December 12, 2023. Plaintiff was involved in a motor vehicle accident with Defendants. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl., William E. Jemmott, ¶¶ 1-5.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon te...
2024.05.14 Motion to Set Aside Dismissal 973
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ...ntiff was granted on January 24, 2023. Plaintiff was ordered to serve verified responses, without objections, to discovery within 30 days of the Court's orders. (Min. Order, 1/24/23, 1/25/23.) On April 7, 2023, after Plaintiff failed to serve responses, the Court granted a motion for terminating sanctions and dismissed the complaint without prejudice. (Min. Order, 4/7/23.) Plaintiff failed to file an op position to the motion. On October 5, 2023,...
2024.05.14 Motion to Set Aside Dismissal 706
Location: Los Angeles
Judge: Byrdsong, Latrice
Hearing Date: 2024.05.14
Excerpt: ...Scot L. Bennett's Motion to Set Aside the Dismissal Entered on December 5, 2023 as to Defendants John Koutsoukos and "Jane Doe" Koutsoukos, and to Deem the 5-Year Dismissal Statute Tolled is CONTINUED to June 13, 2024 at 10:00 a.m. in Department 25 of the Spring Street Courthouse. Plaintiff Scot L. Bennett is ordered to serve his moving papers on the defendants, file a supplemental declaration attaching the missing exhibits, and give noti...
2024.05.14 Motion to Set Aside Default, Judgment 653
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ... proof of service of the complaint, summons, and statement of damages on Defendant Fernando Gutierrez Jr. (“Defendant”) showing he was personally served on August 3, 2021. On October 18, 2021, default was entered against Defendant. On November 16, 2022, the Court granted default judgment against Defendant for $586,161.10 in damages and $574.10 in costs. Defendant now moves to set aside the default and default judgment under Code of Civil Proc...
2024.05.14 Motion to Compel Arbitration and Stay Proceedings 446
Location: Los Angeles
Judge: Reinert, David K
Hearing Date: 2024.05.14
Excerpt: ...ion, to arbitration. The court orders this action stayed as to those parties until the completion of arbitration. BACKGROUND On 7/28/2023, plaintiff BLF, Inc., a California corporation doing business as Larrabure Framing (“Plaintiff”), filed this action. On 8/25/2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendants Milender White Residential Socal Corp. (“Milender White” or “MWR”), Inglewood Market...

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