Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

660 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Court, Michelle Williams x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 222)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 262)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 400,50
Array
(
)
2020.10.15 Demurrer, Motion to Strike 347
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.15
Excerpt: ...laint on March 2, 2020 and their First Amended Complaint (FAC) on July 30, 2020. GM demurs to the seventh cause of action for fraud by omission on the following grounds: (1) it is barred by the statute of limitations; (2) it fails to state facts sufficient to state a cause of action; (3) it is uncertain, ambiguous, and/or unintelligible; and (4) it is barred by the economic loss rule. Statute Of Limitations The statute of limitations for a fraud ...
2020.10.02 Demurrer, Motion to Strike 897
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.10.02
Excerpt: ...in six cases but did not specify which documents and did not attach copies of these documents for consideration. The request for judicial notice is DENIED. Meet and Confer Defendant filed the declaration of Soheyl Tahsildoost describing its attempts to meet and confer. This declaration is insufficient. Plaintiffs argue defendant failed to satisfy its obligation to meet and confer on all issues raised in the demurrer and represents that if defenda...
2020.09.14 Motion to Lift Stay of Discovery 212
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.09.14
Excerpt: ...endants Jeffrey Preston Bezos and Gavin de Becker for (1) defamation and (2) intentional infliction of emotional distress. Plaintiff alleges that Defendants falsely published statements that (a) Plaintiff leaked nude photos of Defendant Bezos to the press; (b) he did so as part of a conservative conspiracy with, for example, Roger Stone, Carter Page, and the government of Saudi Arabia to injure Defendant Bezos; (c) Plaintiff stole and sold pictur...
2020.09.04 Demurrer, Motion to Compel Arbitration, for Stay 193
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.09.04
Excerpt: ...bitration and Request for Stay Defendant's Evidentiary Objection Defendant objects to the Declaration of Myung Kuk Park,¶¶ 1-6, submitted in opposition to this motion on the ground it lacks foundation as there is no evidence to show the contents of the declaration were translated by a certified Korean-English translator. Paragraph 5 states “I have communicated the contents of this declaration to my attorney, who speaks Korean with me, and aut...
2020.09.01 Motion to Compel Arbitration 325
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.09.01
Excerpt: ...amended complaint filed by Timothy Her on December 21, 2018 in the Sacramento County Superior Court (Case No. 34-2018- 00237379) is GRANTED. Evid. Code § 452. The court finds the arbitration agreement satisfies all of the requirements as set forth by the court in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 104.). Defendant offered Plaintiff a position on October 15, 2018, and Plaintiff signed a five-page arbitr...
2020.08.27 Motion for Summary Judgment, Adjudication 683
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.27
Excerpt: ...9 which requires, all e-filed documents to be bookmarked. Future failure to comply with the General Order may result in a delay in hearing. Defendants' Evidentiary Objections The court only rules on those evidentiary objections it deems material to disposition of this motion. CCP § 437c(q). Objections 1-3 are SUSTAINED. Plaintiff's Evidentiary Objections The evidentiary objections inserted throughout the separate statement violate CRC Rule 3.135...
2020.08.24 Motion to Compel Arbitration 256
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.24
Excerpt: ... Suzanne Dworak-Peck School of Social Work for (1) retaliation in violation of whistleblower protection under Labor Code § 1102.5, (2) discrimination on the basis of age in violation of FEHA, (3) failure to prevent and investigate discrimination, (4) negligent hiring and supervision, (5) declaratory relief, (6) defamation (slander) and (7) unfair business practices. The facts that gave rise to this complaint relate to her employment at USC and a...
2020.08.21 Demurrer, Motion for Protective Order 587
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.21
Excerpt: ... the cross-complaint within 10 days. Plaintiff's motions for protective order concerning subpoenas seeking discovery from the California Department of Insurance, Lennar Corporation, and States Title Inc. are GRANTED. Requests for Judicial Notice North American Title Company, Mortgage Vintage Inc., Alexander MacDougall and One Key Escrow Corporation's requests for judicial notice are GRANTED. The court takes judicial notice of the following: (1) t...
2020.08.18 Demurrer 787
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.18
Excerpt: ...f seeking to utilize the discovery rule must plead facts to show his or her inability to have discovered the necessary information earlier despite reasonable diligence.” (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal. 4th 797, 815; Grisham v. Philip Morris U.S.A., Inc. (2007) 40 Cal.4th 623, 638,) Plaintiffs claiming delayed discovery of the facts constituting a cause of action must plead facts, beyond conclusions, showing the (1) time and ma...
2020.08.13 Motion to Set Aside Defaults, Judgment 190
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.13
Excerpt: ...gainst him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has...
2020.08.11 Demurrer, Motion to Strike 331
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.11
Excerpt: ...' demurrer to the 6 th cause of action is SUSTAINED WITH LEAVE TO AMEND. Plaintiff may file a first amended complaint within 10 days. Local Pie's demurrer and motion to strike First, Second and Fifth causes of action “‘It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: [¶...
2020.08.07 Motion for Trial Preference 538
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.07
Excerpt: ...ntial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation…. (d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party be...
2020.08.06 Special Motion to Strike 524
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.06
Excerpt: ...reach of contract, (2) breach of covenant of good faith and fair dealing, (3) negligence, (4) violation of Business and Professions Code §17200, (5) apportionment of fault, (6) implied indemnity, (7) contribution, (8) express indemnity and (9) declaratory relief. PFI and Plaintiff entered into a settlement agreement (the “Settlement”) in Case No. VC063719, filed in Los Angeles Superior Court (the “underlying action”) on April 20, 2016. T...
2020.08.05 Motion to Compel Deposition of PMK, Custodians of Records 289
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.05
Excerpt: ...7-22, 26-30, 35-40, 43-52, 54-65, 78, 79, and 81-82. The request for sanctions is DENIED. Deposition Plaintiff seeks the deposition of Defendant's PMK and custodian of records on the grounds that Plaintiff has good cause for the demand, properly noticed and requested the deposition and specified with particularity the reasons for its demands. The court finds good cause to compel this deposition. Matters for Examination Categories 1 and 2 request ...
2020.07.14 Motion for Judgment on the Pleadings 057
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.07.14
Excerpt: ...he pleadings on the grounds plaintiff failed to state a cause of action for harassment, failed to sufficiently allege retaliation, failed to state a cause of action for failure to reasonably accommodate, failed to state a cause of action for disability discrimination and failed to state a cause of action for a violation of the California Family Rights Act (“CFRA”). In addition to plaintiff's alleged failure to state causes of action, the Rege...
2020.07.10 Motion to Vacate Judgment 749
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.07.10
Excerpt: ...e judgment or in the alternative enter a new judgment on the grounds that the judgment fails to specify Australian currency and that the Court entered a judgment that included extrinsic fraud and/or a mistake. In addition, defendant argues the court lacks subject matter jurisdiction in order to render a judgment in this action. Code of Civil Procedure §473, subdivision (d) states: “The court may, upon motion of the injured party, or its own mo...
2020.06.25 Demurrer 635
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.06.25
Excerpt: ... cross-complaint within 10 days. The demurrer to the second, third, fourth, fifth and sixth causes of action are SUSTAINED WITHOUT LEAVE TO AMEND. Request for Judicial Notice The court takes judicial notice of (1) the executed license agreement dated May 9, 2012, (2) the final award in JAMS Arbitration No. 1210033201 dated January 14, 2019, and (3) the July 5, 2019, final ruling on submitted Motions to Confirm/Vacate Arbitration Award, Los Angele...
2020.03.17 Motion to Compel Arbitration 939
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.03.17
Excerpt: ...Today's OSC re dismissal and Case Management Conference are off calendar. The court sets a Post Arbitration Status Conference for October 20, 2020 at 8:30 a.m. Moving party to give notice. Request for Judicial Notice Defendants request judicial notice of a trial court case in another county with a different plaintiff. This is improper. Rulings in other cases are irrelevant absent some additional showing like the elements of claim or issue preclus...
2020.03.04 Motion to Compel Further Responses, Request for Admissions, for Sanctions 815
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.03.04
Excerpt: ...tion to compel further responses to form interrogatory 17.1 is granted. Plaintiffs are each to provide further responses, without objection, within 30 days. Plaintiffs and their attorney Law Offices of Maro Burunsuzyan, jointly and severally, are ordered to pay defendant Osterkamp Trucking, Inc. sanctions of $3645 within 30 days. Timeliness Plaintiffs argue the 45-day limitation has expired as the responses were served in September, more than 45 ...
2020.03.03 Motion for Summary Adjudication 957
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.03.03
Excerpt: ...eting, and whether tasks, such as completing sales reports, or making recommendations as to other employees, were done as exempt or non-exempt tasks, and the extent to which plaintiff has discretion and independence to make judgment, or whether there was a collaboration on issues with the ultimate discretion and judgment exercised by another after listening to all opinions, including plaintiff's, and whether a real estate broker's license and mas...
2020.03.02 Demurrer, Motion to Strike 031
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.03.02
Excerpt: ...ithin 20 days. The Case Management Conference is continued from March 5, 2020 to April 16, 2020. Moving party to give notice. Landlord-Tenant Relationship The complaint alleges the property was owned during the relevant time by Hira Anand, LLC, 2011-2019, and 7036 Soto Apartments, LLC since 2019. It alleges that this defendant, Ramandeep Sighn, held himself out as the owner. There are allegations that HCIDLA issued notice to Hira Anand and Ramand...
2020.02.28 Motion for Summary Judgment, Adjudication 898
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.28
Excerpt: ...he has been unable to obtain the necessary discovery despite diligent efforts. Plaintiff served a request for production of documents seeking documents regarding Castille's employment which should show that she was treated differently from plaintiff. Plaintiff was notified by defendant that Castille's return to work date was February 21, a week after this opposition is due. Plaintiff requires this deposition to oppose the motion. On December 10, ...
2020.02.21 Motion to Expunge Lis Pendens 436
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.21
Excerpt: ...tion for judicial notice is GRANTED. Evidence Code §452(d)(1). Evidentiary Objections Plaintiff's evidentiary objections (Nos. 1-16) to the declaration of Yaniv Yasmeh are OVERRULED. Plaintiff's evidentiary objections (Nos. 1-16) to the declaration of Allan Lowy are OVERRULED. Plaintiff's evidentiary objections (Nos. 1-15) to the declaration of Ofer Kashanian are OVERRULED. KB's evidentiary objections (Nos. 1-32) to the declaration of Nilofar Ka...
2020.02.20 Motion for Leave to Amend Complaint 750
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.20
Excerpt: ...per format per the Rules of Court. CCP §473(a)(1) states: “The court may, in furtherance 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 ...
2020.02.20 Demurrer, Motion to Strike 003
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.20
Excerpt: ...ituations while driving and increases the risk of a crash when trying to accelerate from a stop; at low speeds when drivers intend to accelerate to merge with highway traffic; and when attempting to drive uphill. The transmission defect creates a serious safety risk that can lead to accidents, injuries, or even death to the driver, the vehicles' occupants, other drivers, and pedestrians.” (SAC, ¶ 19.) Thus, the defect is alleged to be material...
2020.02.19 Demurrer, Motion to Strike 326
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.19
Excerpt: ...� concealment. The elements of fraud are: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) Fraud must be pleaded with specificity. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) “The particularity deman...
2020.02.10 Demurrer, Motion to Strike 781
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.10
Excerpt: ...complaint within 20 days. First Cause of Action for Breach of Contract and Third Cause of Action for Breach of the Covenant of Good Faith and Fair Dealing The elements for a breach of contract cause of action are: (1) the existence of a contract; (2) plaintiffs' performance or excuse for nonperformance; (3) defendants' breach or anticipatory breach; and (4) resulting damage to plaintiffs. (Reichert v. General Insurance Company (1968) 68 Cal.2d 82...
2020.02.07 Demurrer, Motion to Strike 543
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.02.07
Excerpt: ...iscussion regarding the vehicle. The complaint does not allege any facts concerning when and where or even if plaintiff reviewed the marketing information provided by defendant, or saw or heard commercials about the vehicle, prior to the purchase. The complaint states that plaintiff relied on silence. The conclusory statement that defendant had opportunities for disclosure of the concealed information when the vehicle was purchased and brought in...
2020.01.29 Demurrer 911
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.29
Excerpt: ...nce of a contract; (2) plaintiffs' performance or excuse for nonperformance; (3) defendants' breach or anticipatory breach; and (4) resulting damage to plaintiffs. (Reichert v. General Insurance Company (1968) 68 Cal.2d 822, 830.) An express third-party beneficiary may maintain a breach of contract claim. (Civ. Code § 1559.) On a demurrer for breach of contract, the court must consider the sufficiency of the allegations, including any parol evid...
2020.01.23 Demurrer, Motion to Strike 278
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.23
Excerpt: ...levision commercials, and/or heard radio commercials about the qualities of the vehicle; relied on Defendant's reputation; and relied on statements made during the sales process by the salesperson and the marketing materials in deciding to purchase the vehicle. (Compl., ¶ 168.) At no time did Defendant disclose to Plaintiff any information about the engine defect, and if they had, she would not have purchased the vehicle. (Compl., ¶ 168.) Defen...
2020.01.22 Demurrer 911
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.22
Excerpt: ...rmance or excuse for nonperformance; (3) defendants' breach or anticipatory breach; and (4) resulting damage to plaintiffs. (Reichert v. General Insurance Company (1968) 68 Cal.2d 822, 830.) An express third-party beneficiary may maintain a breach of contract claim. (Civ. Code § 1559.) On a demurrer for breach of contract, the court must consider the sufficiency of the allegations, including any parol evidence allegations, to determine whether t...
2020.01.16 Demurrer, Motion to Strike 806
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.16
Excerpt: ...ersonnel rules also does not fit within any of the enumerated documents which can be judicially noticed. (Ibid.) Demurrer Plaintiff has failed to state sufficient facts to state the FEHA claims against City. Plaintiff's allegations are conclusory and not alleged with the requisite specificity for claims against public entities. Plaintiff mentions some instances of alleged racial, ethnic, age, and religious discrimination and harassment in Paragra...
2020.01.15 Demurrer, Motion to Strike 960
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.15
Excerpt: ...ounts There is no dispute that the statute of limitations for this cause of action is two years. A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal. App. 4th 875, 881.) It must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barr...
2020.01.14 Motion for Sanctions 531
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.14
Excerpt: ... improper purpose, considering Defendant's motion for reconsideration is based solely on the fact that other trial courts decided a similar motion to transfer venue in equivalent cases it differently. Defendant's motion for reconsideration was based on a “split in the Los Angeles Superior Court.” (Thurston Decl. filed in support of Defendant's motion for reconsideration ¶ 6.) This was based on three specific decisions by other trial courts i...
2020.01.07 Demurrer 587
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.07
Excerpt: ...Exhibit B); 3. A Deed of Trust recorded on August 15, 2016 in San Mateo County (Exhibit C); 4. A Notice of Lien recorded in the County of San Mateo's Official Records on October 19, 2016 (Exhibit D); 5. The complaint from San Mateo Superior Court Case No. 17CIV03501, Napean Capital Group, LLC, et al v. Select Portfolio Servicing, Inc. et al., filed on August 3, 2017 (Exhibit E); 6. An order denying an ex parte application for a Temporary Restrain...
2020.01.07 Motion for Attorney Fees 323
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.07
Excerpt: ...g the public interest.” Specifically, Code of Civil Procedure section 1021.5 provides in pertinent part: Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of person...
2020.01.06 Motion for Monetary Sanctions 111
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.06
Excerpt: ...sel on June 25, 2019. (Muse-Fisher Decl. ¶ 22.) Defendants did not withdraw their motion to vacate. Plaintiff filed this motion on July 19, 2019. Plaintiff satisfied the safe harbor notice provisions. Merits Plaintiff argues Defendants' counsel lied when claiming his physical illness kept him from complying with Defendants' discovery obligations in this case. It is necessary to examine Defendants' counsel's specific statement to determine whethe...
2020.01.06 Motion for Judgment on the Pleadings 670
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.01.06
Excerpt: ...ppel and (2) lack of standing. Plaintiff Avitia (“Plaintiff”) opposes. Request for Judicial Notice Defendant's request for judicial notice of records filed in a bankruptcy proceeding (RJN, Exhs. 1-3, 7) is GRANTED. (Evid. Code, § 452(d)(2).) Defendant's request for judicial notice of records filed with EEOC and DFEH (RJN, Exhs. 4, 5) is GRANTED. (Evid. Code, § 452(c), (d), (h).) Defendant's request for judicial notice of records filed in th...
2019.9.26 Demurrer, Motion to Strike 673
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.26
Excerpt: ...f Habitability, Fourth Cause of Action for Negligent Breach of the Covenant of Quiet Enjoyment, Fifth Cause of Action for Intentional Breach of the Warranty of Habitability and Sixth Cause of Action for Intentional Breach of the Covenant of Quiet Enjoyment A breach of the warranty of habitability and breach of the covenant of quiet enjoyment can be both support both contract and tort causes of action. (Stoiber v. Honeychuck (1980) 101 Cal.App.3d ...
2019.9.24 Motion for Attorney Fees 574
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.24
Excerpt: ....32 for filing and motion fees and service of process. Plaintiff seeks prevailing party attorney fees and costs. When authorized by contract, statute or law, reasonable attorney fees are allowable costs. <0003002400030053005500 00030053004400550057[y is entitled to recover costs including attorney fees when authorized by statute. (Id., § 1032, subd. (b).) Civil Code section 1717, subdivision (a) states: “In any action on a contract, where the ...
2019.9.23 Demurrer, Special Motion to Strike 884
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.23
Excerpt: ...es A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (Code Civ. Proc., § 425.16, subd. (b)...
2019.9.19 Motion for Leave to File Motion to Expunge Lis Pendens, for Attorney Fees 389
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.19
Excerpt: ...r Leave to File Motion to Expunge Lis Pendens No opposition to this motion was filed. The motion to expunge lis pendens was filed. Plaintiffs have filed opposition to the motion to expunge and a reply was filed. There is no prejudice to any party to permit the non-party to file the motion. The motion is granted. Motion to Expunge Lis Pendens Oxford waived any issue as to the timeliness of the opposition by addressing it on the merits. (Carlton v....
2019.9.19 Demurrer, Motion to Strike 451
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.19
Excerpt: ... moot as to item 2. Plaintiff is to file an amended complaint within 20 days which complies with Code of Civil Procedure section 425.10, subd. (a)(1). Third Cause of Action for Violation of Civil Code section 1793.2, subdivision (a)(1) Defendant argues that the cause of action fails to specify the literature and parts which it did not provide to authorized repair facilities and did not identify the repair facilities. Defendant did not provide aut...
2019.9.18 Demurrer, Motion to Strike 315
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.18
Excerpt: ...o the first amended cross complaint on the ground that each cause of action fails to state facts sufficient to constitute a cause of action and on the ground that the first amended cross complaint is uncertain, vague and ambiguous. Uncertainty CCP section 430.10(f) provides that a pleading is uncertain if it is ambiguous and unintelligible. (See Code Civ. Proc., § 430.10(f).) “A demurrer for uncertainty is strictly construed, even where a comp...
2019.9.18 Motion for Summary Judgment, Adjudication 577
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.18
Excerpt: ... plaintiff, or that plaintiff did not engage in any protected activity prior to her termination. Plaintiff's Objections to Defendant's Evidence The objections are sustained. Where the facts stated in a declaration do not show personal knowledge, a bare statement that the affiant has personal knowledge, and can testify, is incompetent proof. (Snider v. Snider (1962) 200 Cal.App.2d 741, 754.) To establish admissibility, based on the business record...
2019.9.17 Demurrer 702
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.17
Excerpt: ...enses are overruled. Cross-defendants Andrew M. Deutsch and Zachary I. Deutsch are to file an amended answer within 20 days. General Principles Courts have provided the following as guidelines in pleading a complaint, which would also be applicable to pleading an answer. Generally, complaints must contain ultimate facts. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550; Berger v. Cal. Ins. Guar. Ass'n (2005) 128 Cal.App.4 th 989, 1006.) The...
2019.9.9 Demurrer, Application to File Docs Under Seal 781
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.9
Excerpt: ...of the demurrer under seal. The hearing is set for April 20, 2020, long after the hearing on the demurrer. The court is inclined to rule on the application now. UMG requested judicial notice of those documents, the agreement and an amendment to the agreement. Judicial notice of contracts is improper. (Freemont Indem. Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114- <0003002400530053001100 000f00030018001a0014[.) A court erred in susta...
2019.9.6 Motion to Quash Service of Summons 032
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.6
Excerpt: ...ssion of the premises. The complaint alleges causes of action in: (1) breach of lease; (2) breach of fiduciary duty' (3) approval of illegal distributions; (4) receipt of illegal distributions; (5) fraudulent transfer; (6) fraudulent transfer; (7) fraudulent transfer; (8) fraudulent transfer; and (9) money had and received. Defendant Catlow moves to quash service of summons on the grounds of lack of minimum contacts to support jurisdiction. When ...
2019.9.6 Motion for Summary Judgment, to Compel Deposition 626
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.6
Excerpt: ...e its last payment to the defense firm or when Scottsdale obtained or should have obtained copies of the invoices from the defense firm. (2) Defendant's motion to compel is granted. DiGiovanni's deposition is to take place within 30 days. Penn-Star and its attorney Nicolaides Fink Thorpe Michaelides Sullivan LLP, jointly and severally, are to pay Scottsdale sanctions of $3085 payable within 20 days. BACKGROUND The complaint alleges both Penn-Star...
2019.9.4 Demurrer 848
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2019.9.4
Excerpt: ...i argues that the entire FAC is fatally vague as to the allegations involving him because the only allegations against him are generalized claims that Lipnicki received and distributed copies of intimate photos and videos involving Plaintiff to unknown third parties. Further, Lipnicki contends that the FAC is vague because it does not specifically allege by what means, when, or to whom Lipnicki allegedly distributed this content, other than a del...

660 Results

Per page

Pages