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2020.06.25 Demurrer 857
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.06.25
Excerpt: ... DEMURRER TO THE SECOND AMENDED COMPLAINT Procedural Background On December 18, 2018, Plaintiff Jeannie Hua (“Plaintiff”) initiated this action against defendants. On April 30, 2019, Plaintiff filed a First Amended Complaint (“FAC”). On February 18, 2020, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Kim Anh Nguyen (‘Defendant') and Does 1 through 100[1] alleging causes of action for (1) Breach of...
2020.06.24 Motion to Compel Further Responses 646
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.06.24
Excerpt: ...ants including FCA US LLC (“Defendant”) alleging causes of action for (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly Act; and (3) fraudulent inducement- concealment. The operative Second Amended Complaint alleges the following: On February 5, 2016, Plaintiff purchased a new 2015 Chrysler 200 vehicle with express warranties from Defendant. (Second Amended Complai...
2020.06.23 Demurrer, Motion to Strike 040
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.06.23
Excerpt: ...nd Neglect of a Dependent Adult in Violation of Welfare & Institutions Code Section 15600, (2) Breach of Fiduciary Duty, (3) Intentional Infliction of Emotional Distress, and (4) Professional Negligence by a Healthcare Provider. On February 26, 2020, Defendant filed the instant demurrer and motion to strike as to the first and third cause of action and the prayers for punitive damages and attorney's fees. No opposition or reply has yet been filed...
2020.06.22 Motion to Strike 415
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.06.22
Excerpt: ...d the instant wrongful termination action against defendants Mobile Modular Development, Inc. (“Mobile Modular”), MMLB Associates (“MMLB”), and DayZ Holdings, LLC (“DayZ”) (collectively “Defendants”).[2] On August 30, 2016, Plaintiffs filed a second amended complaint. Defendants MMLB and DayZ brought a motion for summary judgment or in the alternative summary adjudication challenging in part the sufficiency of the pleadings with r...
2020.06.22 Motion to Quash Subpoenas 450
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.06.22
Excerpt: ...Company (“7-Eleven”), and Fontem US, Inc. (“Fontem”) and one individual for damages to Edith Anne Petrucci arising out of the use of e- cigarettes and e-vaporizer. On February 1, 2019, Plaintiffs filed the operative Second Amended Complaint. PLAINTIFFS' MOTION TO QUASH SUBPOENAS BY DEFENDANT NU MARK, LLC On August 7, 2019, Nu Mark served subpoenas on: Metal Container Corporation, MCC; Ramko Manufacturing Inc; Scotts Company; Employment De...
2020.04.20 Motion to Compel Further Responses 474
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.04.20
Excerpt: ...laint against defendants Best Energy Solutions and Technology Corp. (“Best”), Innospec, Inc. (“Innospec”) (collectively “Defendants”) and Does 1 to 20 alleging causes of action for (1) Unfair Business Practices pursuant to Business and Professions Code section 17200 et seq, (2) interference with contract, and (3) interference with prospective economic advantage. The complaint alleges the following: Between 2006 and 2016, various forms...
2020.03.13 Demurrer 595
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.03.13
Excerpt: ...) and Stillington Limited (collectively “Plaintiffs”) sue Direct Source Management, Inc. dba Chateau Belle (DSM); Eileen Chan (Chan); Michael Winchester (Winchester) (collectively “Defendants/Cross‐Complainants” or “Cross‐Complainants”), and Does 1 through 20 for damages arising from investments Plaintiffs made in congregate living facilities pursuant to allegedly fraudulent misrepresentations by Defendants. On April 3, 2019, Plai...
2020.03.10 Motion for Approval of PAGA Setlement 890
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.03.10
Excerpt: ... Labor Code. Specifically, her Complaint alleged the following claims under PAGA: (1) Violation of the Equal Pay Act; (2) Failure to Pay Minimum Wages; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Rest Periods; (5) Failure to Reimburse Necessary Business Expenses; (6) Failure to Provide Accurate Wage Statements; (7) Failure to Pay Wages Timely, both during employment and at termination; and (8) Failure to Maintain Accurate Payroll Re...
2020.03.06 Special Motion to Strike 681
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.03.06
Excerpt: ...PMI”), Taroub Alsaleh, and Atta Alsaleh (“Alsaleh”) asserting causes of action for unpaid overtime, unpaid meal breaks, unpaid rest breaks, unpaid sick leave, inaccurate wage statements, waiting wage penalties, unfair business practices, failure to provide all records, and wrongful termination in violation of public policy. On September 27, 2019, the Court overruled Defendants' demurrer to the complaint. On October 17, 2019, Defendants file...
2020.03.06 Motion for Enforcement of Stipulation Re Settlement 031
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.03.06
Excerpt: ...�Defendant Gibson”) and Does 1 through 25. On September 8, 2017, Plaintiff filed a first amended complaint naming additional defendants Delores Marie Allen, Joel Rodney Mason, and JRM Builders & Development (“additional defendants”). On April 3, 2019, Plaintiff dismissed these additional defendants without prejudice. On May 29, 2019, Plaintiff and these additional defendants stipulated that the dismissal be vacated and replaced with a dismi...
2020.03.05 Demurrer 437
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.03.05
Excerpt: ... and sale of real property against each of the following who had a claim in interest in said funds: Lina Minkovitch, Cross- Complainant Yan Minkovitch (“Cross-Complainant”), the United States of America.[1] and Does 1 through 25. On August 16, 2019, Cross-Complainant filed the instant cross-complaint against Ticor for (1) Negligence, (2) Breach of Fiduciary Duty, and (3) Interference with Prospective Economic Advantage. On October 10, 2019, T...
2020.03.03 Demurrer 484
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.03.03
Excerpt: ...d this action against Defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) alleging causes of action arising out of Kaiser's alleged failure to reimburse Natividad at a legally permissible rate. On September 12, 2019, Kaiser filed a cross-complaint for Unjust Enrichment against Natividad for any amount that it is determined that Natividad was overpaid. On October 17, 2019, Natividad filed the instant demurrer to the one cause of action of...
2020.02.27 Motion for Leave to File Amended Complaint 254
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.27
Excerpt: ...d as McDonalds, Inc. (Defendant McDonalds), and Does 1 to 99 alleging causes of action related to workplace gender and sexual orientation discrimination and harassment based on Government Code sections 12940 et seq. On December 7, 2018, after the Court partially sustained a demurrer to the complaint with leave to amend, Plaintiff filed a first amended complaint (“FAC”). Plaintiff alleges that Defendant harassed and retaliated against him on t...
2020.02.26 Demurrer, Motion to Strike 520 (2)
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.26
Excerpt: ... Realty Mortgage Depot, (“Moving Defendant”), Edith Nunez[1], Juan Rosales, and Does 1 to 25 for Breach of Contract, Quiet Title, Violations of Business and Professions Code section 17200, Negligence, Intentional Infliction of Emotional Distress, and Slander of Title. These causes of action arise out of the sale and ownership of real property. On February 6, 2020, the Moving Defendant filed the instant demurrer and motion to strike. Plaintiff...
2020.02.25 Motion for Attorney Fees 867
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.25
Excerpt: ... Jury Trial, 8/20/19.) On November 25, 2019, Defendants filed the instant motion for attorney fees. On February 18, 2020, the parties stipulated to allow a late opposition and reply to this motion. Accordingly, the Court will consider the opposition and reply. On February 18, 2020, Defendant filed an opposition. On February 19, 2020, Plaintiff filed a reply. Evidentiary Objections Defendant objects to the entirety of the Declaration of Anthony Ng...
2020.02.21 Demurrer, Motion to Strike 215
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.21
Excerpt: ...OMPLAINT; Background On July 30, 2019, Plaintiffs Annabelle Dominguez, Asucena Cruz, Elizabeth Icedo, Linzie Fernandez, and Vanessa Pedraza filed the instant case alleging causes of action against 24‐7 Safety, Marathon Petroleum Company, LP, Torrance Refining Company LLC and Does 1 through 100. The Complaint asserts three causes of action for (1) Violation of Business & Professions Code § 17200, (2) Third Party Beneficiary Breach of Contract, ...
2020.02.18 Motion to Compel Further Responses 540
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.18
Excerpt: ...S LLC (“Defendant”), BN Dealership I, LLC, West Valley Chrysler Jeep, and Does 1 through 10 for (1) Breach of Express Warranty under the Song‐Beverly Act, (2) Breach of Implied Warranty under the Song‐Beverly Act, (3) Fraudulent Inducement, and (4) Negligent Repair. These causes of action arise out of defects in the totally integrated power module which centralizes power distribution to the subject vehicle's electrical system. On January ...
2020.02.18 Motion for New Trial 795
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.18
Excerpt: ...lution proceeding entitled: Denise Thomas v. Gary Thomas, Los Angeles Superior Court Case No. PD062850 filed on June 21, 2016 (the “Underlying Action”). In the Underlying Action, Denise Thomas (“Denise”) [1] filed for dissolution of her marriage to Gary Thomas (“Gary”). Denise and Gary had a minor child LGT. Denise was represented by Ernest Calhoon (“Calhoon”). Defendant Elizabeth Castaneda (“Defendant”) was appointed as LGT's...
2020.02.14 Demurrer, Motion to Strike 466
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.14
Excerpt: ... complaint in this action against Corazon Azul Spirits, Inc. (“Corazon”), Rodolfo Gonzalez (“Gonzalez”), and Does 1 through 100 for the alleged failure to pay pursuant to a purchase agreement between the parties for tequila that Plaintiff imported for Defendants' company in 2016. On August 20, 2018, Gonzalez filed an answer to the underlying complaint in his personal capacity. At a case‐management conference on October 29, 2018, Gonzale...
2020.02.13 Motion for Judgment on the Pleadings 506
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.13
Excerpt: ...Tammy Starnes, Dynamic Legal Recovery, and Does 1-10 alleging (1) breach of contract, (2) services rendered, and (3) declaratory relief. On November 6, 2019, Defendant Tammy Starnes (“Defendant”) filed an answer with a general denial and twenty-eight affirmative defenses. On January 9, 2020, Plaintiff dismissed the third cause of action and dismissed defendant Dynamic Legal Recovery without prejudice. On the same day, Plaintiff filed the inst...
2020.02.13 Motion for Judgment on the Pleadings 248
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.13
Excerpt: ...bility and/or medical condition by defendants Filmon TV Networks Inc (“Moving Defendant”) and Alki David Productions Inc. Plaintiff alleges thirteen causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”), (2) failure to prevent harassment and discrimination in violation of FEHA, (3) failure to engage in the interactive process in violation of FEHA, (4) failure to accommodate in violati...
2020.02.10 Motion for Summary Judgment 522
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.10
Excerpt: ... Homeowners' Association (“Plaintiff”) filed two cases to recover unpaid assessment fees due. Case number 18STCV03522 is against Defendants Nikolay Machevsky (“Defendant Nikolay”) and Isabella Kleemoff and relates the property at 10701 Wilshire Boulevard, Unit 1803, Los Angeles, California, 90024. Case number 18STCV035224 is against Defendants Nikolay Machevsky, Isabella Kleemoff, and Michael Kleemoff and relates to the property at 10701 ...
2020.02.06 Motion for Judgment on the Pleadings 857
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.06
Excerpt: ...r. Kim Anh Nguyen, and Anthony Vu Nguyen. On April 30, 2019, Plaintiff filed the operative first amended complaint (“FAC”) against defendants Mailan Thu Tran, Dr. Kim Anh Nguyen, Anthony Vu Nguyen, Kim A T Nguyen Trust, Sabrina Cordell, and Does 1 through 100 to recover $290,000 that Plaintiff allegedly gave to Anthony Vu Nguyen for safekeeping while she was undergoing medical treatment. Plaintiff alleges that Anthony Vu Nguyen and Dr. Kim An...
2020.02.05 Motion for Preliminary Injunction 520
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.05
Excerpt: ... 10 for the partition of real property by sale located at 1311 and 1311 ½ W. 62nd Street, Los Angeles, CA 90044 (“Subject Property”). Cross-Complainant also seeks declaratory relief that she is a 1/3 owner of the subject property. On January 9, 2020, Cross-Complainant filed the instant motion seeking a preliminary injunction to enjoin cross-defendant Armando Orellana (“Cross-Defendant”) from preventing Cross-Complainant's use of the rear...
2020.02.04 Motion to Compel Deposition, to Appoint Referee, Request for Sanctions 683
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.04
Excerpt: ...the deposition of Defendant Christopher Brown (“Defendant Brown”) appoint a referee, and request for sanctions on December 17, 2019.[1] On January 17, 2010, Defendant Brown filed an opposition. On January 28, 2020, Plaintiff filed a reply. Legal Standard Pursuant to CCP § 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or t...
2020.02.04 Motion to Compel Further Responses 560
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.02.04
Excerpt: ...tant action against Defendant Los Angeles Community College District (“Defendant”) and Jesus S. Sanchez alleging claims under the Fair Employment and Housing Act for discrimination and harassment. Plaintiff alleges that Defendant Jesus S. Sanchez discriminated against and harassed Plaintiff from 2012 to 2018. (Complaint ¶¶ 9-28.) During this time period, Plaintiff filed multiple complaints of the alleged harassment and discrimination, but n...
2020.01.31 Demurrer 733
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.31
Excerpt: ...Cuban Restaurant; Teresa Montez; Fernando Montez; Hector Solis; Elizabeth Solis; Jose Chavez; and Does 1 to 20 for (1) breach of contract, (2) conspiracy to commit fraud, and (3) fraud. On September 23, 2016, Plaintiff filed a First Amended Complaint for (1) breach of contract, (2) conspiracy to commit fraud, (3) fraud, and (4) intentional infliction of emotional distress. Plaintiff also added Alevy Family Trust CV LLC as a defendant. On May 17, ...
2020.01.30 Demurrer, Motion to Strike 135
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.30
Excerpt: ...ote with Plaintiff wherein Plaintiff agreed to loan Defendant a total of $100,000, and Defendant agreed to pay back the $100,000 to Plaintiff within two years, together with interest. (Complaint ¶ 10- 11.) Defendant has failed to and refuses to pay any monies in repayment to Plaintiff. (Id.) Plaintiff commenced this action on June 13, 2018. Plaintiff filed proof of service of the summons on September 7, 2018. Default was entered against Defendan...
2020.01.28 Motion to Compel Further Responses, Request for Production 450
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.28
Excerpt: ...Robert Petrucci (jointly “Plaintiffs”) commenced this action against approximately seventeen companies including moving party Nu Mark LLC. (“Nu Mark”), and one individual for causing injuries to Edith Anne Petrucci arising out of the use of e-cigarettes and e-vaporizers. On July 23, 2018, Nu Mark served Plaintiff Edith with its first set of special interrogatories, which included twenty questions, and Requests for Production, which reques...
2020.01.28 Motion to Compel Further Responses 954
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.28
Excerpt: ...ly Consumer Warranty Act alleging issues with the fuel supply tube, battery system, unexpected shutoffs, excessive oil consumption, and check engine lights. On October 28, 2019, Plaintiff filed the instant motion to compel Defendant's further responses to special interrogatories. On January 14, 2020, Defendant filed an opposition. On January 21, 2020, Plaintiff filed a reply. Legal Standard CCP § 2030.300 provides that “[o]n receipt of a respo...
2020.01.23 Motion to Quash Subpoena 722
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.23
Excerpt: ...iled the instant action against defendants Lisa Ann Barkett aka Lisa Denton Barkett (“Lisa”), William J. Barkett (“William”), BMF Limited LLC (“BMF”), Merjan Financial Corporation (“Merjan”), New English Rancho, LLC (“New English”), Silverado Street LLC (“Silverado”), Castaic Partners, LLC (“Castaic”), Castaic Partners II, LLC (“Castaic II”), and Castaic Partners III, LLC (“Castaic III”) (collectively “Defend...
2020.01.23 Demurrer 043
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.23
Excerpt: ...ersity (“CIU”), President of CIU Moon Park (“Park”), and Plaintiff's supervisor David Haddad (“Haddad”) (collectively “Defendants”) and Does 1 to 100 for (1) Discrimination on the Bases of Race, Ancestry, Ethnicity, and/or National Origin, (2) Hostile Work Environment Harassment on the Bases of Race, Ancestry, Ethnicity, and/or National Origin, (3) Retaliation for Engaging in Protected Activity, (4) Failure to Prevent Discriminati...
2020.01.21 Motion to be Relieved as Counsel 047
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.21
Excerpt: ...��) commenced this action against Defendants Contractor Crews Inc., GR Marble & Tile, Inc., A Plus Ventures, LLC and DOES 1 through 100 alleging (1) breach of contract, (2) breach of express warranty, (3) breach of implied warranty, and (4) negligence. On March 21, 2018, Contractor Crews, Inc. filed a Cross-complaint against ROES 1 through 20 for indemnity and contribution. On March 20, 2019, Defendant A Plus Ventures, LLC (“Defendant” or “...
2020.01.17 Motion to Quash Service of Summons and Complaint 386
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.17
Excerpt: ...en (“Plaintiff”).[1] On September 27, 2016, Plaintiff filed this suit against defendants Zev Technologies, Inc. and RPT Consulting, LLC (“RPT”). On November 7, 2016, Defendant Zev Technologies (“Cross-Complainant”) filed a Cross-Complaint for indemnity, contribution, and apportionment of fault against Cross- Defendants ROES 1 through 100. On August 3, 2017, Cross-Complainant filed a Roe amendment naming Cross-Defendant Leaf Supply & S...
2020.01.16 Motion to Vacate Judgment 733
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.16
Excerpt: ...athon G. Keith (as trustee of the Jonathon G. Keith Trust) and Jonathon G. Keith (individually) alleging causes of action for breach of contract and promissory fraud. The complaint alleges the following: Jonathon Keith (“Keith”) was the owner/seller of residential real property commonly referred to as 3340 Crestford Drive, Altadena, CA 91001 (hereinafter “Property”). (Complaint ¶ 6.) On August 26, 2016, Keith as Trustee of the Jonathon K...
2020.01.15 Motion to Compel Further Responses 213
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.15
Excerpt: ...nt”) and Does 1 through 10 for allegedly failing to provide reproductions and observation as required pursuant to the parties' architectural services contract. (First Amended Complaint, ¶¶ 7-28.) Plaintiff asserts two causes of action for breach of contract and violations of Business and Professions Code section 5500 et. seq. On October 23, 2018 -- while the instant case was still pending in the original, Limited Civil Department – Defendan...
2020.01.14 Motion for Reconsideration 880
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.14
Excerpt: ...ahmani Nejad (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Berenji & Associates (“the Law Firm”), Hossein F. Berenji, (“Berenji”), Jack Zuckerman, (“Zuckerman”), Christopher R. Abernathy, (“Abernathy”), Eugene Carson, III, (“Carson”) and Does 1 to 100 (jointly “Defendants”) alleging ten causes of action related to legal malpractice in connection with the Law Firm's representat...
2020.01.14 Motion to Compel Further Responses 739
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.14
Excerpt: ...Subject Vehicle”) manufactured and/or distributed by Defendant General Motors LLC (“Defendant”). Plaintiff alleges that the Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty, including to the OnStar system, antennas, GPS system, and suspension. On October 17, 2019, Plaintiff Merle David Hammer filed the instant motion to compel Defendant's further responses to Plaintiff's Request for Production ...
2020.01.09 Motion for Terminating Sanctions 932
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.09
Excerpt: ...LLC (“Defendant”) for Defendant's failure to obey Court orders compelling responses to Plaintiff's written discovery demands and requiring payment of monetary sanctions by Defendant. Plaintiff also requests issue sanctions as an alternative remedy. Finally, Plaintiff requests monetary sanctions for his costs and attorneys' fees incurred in bringing this motion. Plaintiff refiled his motion and reply on August 30, 2019 and September 18, 2019 r...
2020.01.08 Motion for Sanctions Under CCP 128.7 836
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.08
Excerpt: ...ts”) for recovery on guarantee agreements. The complaint alleges the following: Defendants, brother and sister, were the de facto owners of Trianda, Inc., a corporation to which Plaintiff delivered several kilograms of gold. Beginning in May 2018 through November 2018, in five separate transactions, Plaintiff delivered to Trianda 43000 grams of “999 Gold” for a total price of $181,747.00 pursuant to a “Memorandum” creating a “contract...
2020.01.07 Motion to Compel Further Responses 739
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.01.07
Excerpt: ...n to compel further responses to Plaintiff's special interrogatories, set one (“SROG”). On December 23, 2019, Defendant filed an opposition. On December 27, 2019, Plaintiff filed a reply. Legal Standard CCP § 2030.300 provides that “[o]n receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a partic...
2019.9.26 Motion for Attorneys' Fees 474
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.26
Excerpt: ...laratory relief arising from their dispute over the rents to be paid under a lease for a tract of land. On July 28, 2015, Plaintiffs filed their complaint asserting a sole cause of action for declaratory relief. On November 13, 2015, Defendant filed a cross‐complaint against Plaintiffs asserting causes of action for (1) declaratory relief, (2) rescission for mutual mistake, (3) rescission for frustration of purpose, and (4) breach of contract. ...
2019.9.25 Motion for Terminating Sanctions 932
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.25
Excerpt: ...ey Court orders compelling responses to Plaintiff's written discovery demands and requiring payment of monetary sanctions by Defendant. Plaintiff also requests issue sanctions as an alternative remedy. Finally, Plaintiff requests monetary sanctions for his costs and attorney's fees incurred in bringing this motion. Plaintiff refiled his motion and reply on August 30, 2019 and September 18, 2019 respectively requesting the same relief. Defendant h...
2019.9.24 Motion to Compel Further Responses 549
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.24
Excerpt: ...rchase of a 2011 Volkswagen Tiguan, VIN WVGAV7AX4BW549707 (Subject Vehicle) that was sold and manufactured by Defendant Volkswagen Group of America Inc. Procedural History On August 3, 2018, Plaintiff served Defendant with his first set of requests for production of documents (RPD). (Morse Decl., ¶ 3, Exh. A.) Defendant served verified responses to Plaintiff's discovery request on September 7, 2018 via mail. (Id. ¶ 4, Exh. B.) The parties' coun...
2019.9.6 Motion to Dismiss for Lack of Personal Jurisdiction or for Inconvenient Forum, to File Under Seal 374
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.6
Excerpt: ... Playboy Enterprises, Inc. (Plaintiff) brought this action for fraud and breach of contract against Global BlockChain Technologies Corporation (GBT) and Does 1 through 10. On March 1, 2019, Plaintiff filed its operative first amended complaint (“FAC”) for (1) Fraud and Intentional Deceit; (2) Negligent Misrepresentation; (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Breach of Contract – Third...
2019.9.6 Motion for Relief from Effects of Untimely Response to Petition to Confirm Arbitration Award 080
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.6
Excerpt: ...es Municipal Water District (Respondent) for damages for increased costs of construction and for extension of contract time related to extra work caused by deficiencies in the contract plans and specifications. Petitioner also seeks additional contract time and costs related to rain delays. After holding an arbitration hearing from August 27, 2018 to August 30, 2018, on January 15, 2019, the arbitrator, Paul R. Fine (Arbitrator), made an arbitrat...
2019.9.6 Motion for Leave to Amend Answer 034
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.6
Excerpt: ...D. Magnuson (Magnuson), its competitor, R-T Specialty Insurance Services, LLC (R-T Specialty), and Does 1 through 20 (collectively Defendants) for misappropriation of trade secrets. Hale and Cristina Moreno (collectively, Employees) filed a cross-complaint against Employer for wage and hour law violations. Specifically, Employees allege that from April 2008 to January 2014, Employer (1) required them to work in excess of eight hours per day and i...
2019.9.6 Demurrer 203
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.6
Excerpt: ...c Company Inc, and Michael Ann McReynolds (McReynolds) to recover damages from a breach of contract between the parties for imported footwear. Plaintiff refers to itself as “NZS” and describes itself as a Chinese footwear manufacturer. (FAC ¶ 1.) Plaintiff refers to Defendant as “IPC” and describes Defendant as a Los Angeles‐based footwear importer with its principal business office located at 2257 Colby Avenue, Los Angeles, CA 90064. ...
2019.9.5 Demurrers 537
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.5
Excerpt: ... C&H TRUST DEED SERVICE AND COBY HALAVAIS'S DEMURRER TO THE FIRST AMENDED COMPLAINT MOVING PARTY: (1) Defendants Christina Ferra Gilmore aka Christina Blair individually and as Executor of the Estate of Mary Lou Ferra (Gilmore) and (2) Canary Asset Management, Inc. (Canary), C&H Trust Deed Service (C&H) and Coby Halavais (Halavais). RESPONDING PARTY: Plaintiff Maria Ferra (Plaintiff) The Court has considered the moving, opposition and reply paper...
2019.9.4 Demurrer 489
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.9.4
Excerpt: ...tiff filed his complaint asserting a single cause of action for fraud alleging he suffered (1) wage loss, (2) loss of use of property, (3) hospital and medical expenses, (4) general damage, (5) property damage, (6) loss of earning capacity, and (7) other damage. Plaintiff prays for compensatory damages in the amount of $1,000,000 against Defendant. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply...

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