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2022.08.09 Motion to be Relieved as Counsel 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.09
Excerpt: ... FACTUAL BACKGROUND This matter arises from an alleged breach of contract. The Complaint alleges as follows. Plaintiff Xiaoxing Zhang (“Plaintiff”) negotiated with Defendant Zhe Zhang (“Zhang”) regarding renovations to the Subject Properties (the “Project”). (Compl. ¶ 11.) Zhang required payments of two “deposits” before any contract was signed and work began. (Compl. ¶¶ 13- 14.) The contract ultimately presented by the Defenda...
2022.08.09 Motion for Leave to File Amended Complaint 369
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.09
Excerpt: ...e of this Order. FACTUAL BACKGROUND This is action for wrongful discharge. The Complaint alleges as follows. Plaintiff Irma Rodriguez (“Rodriguez”) was employed by defendant Direct Therapy S&P, Corporation (“DT”) as a speech therapist for children. (Compl. ¶ 8.) DT scheduled Rodriguez's home therapy appointments very close together, such that she did not have sufficient travel time between appointments and was frequently late. (Ibid.) Th...
2022.06.16 Motion for Summary Judgment 036
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.06.16
Excerpt: ... Judgment is CONTINUED until a date to be determined at the hearing. FACTUAL BACKGROUND This is an action for employment discrimination and wrongful discharge. The Complaint alleges as follows. Plaintiff Barbara Gregory (“Plaintiff”) was jointly employed as a property manager by Defendants 5th Street Investment Company, LLC (“5 th Street”), 1991 Investment Company, LLC (“1991” and together with 5 th Street, “Moving Defendants”), D...
2022.06.16 Demurrer to SAC 023
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.06.16
Excerpt: ...ND This is an action for declaratory relief. The operative Second Amended Compliant alleges as follows. Plaintiff George J. Gerro (“Plaintiff”) brings this action against Defendant Christopher S. Shultz in his capacity as the Commissioner of Financial Protection and Innovation of the State of California (“Defendant”). Defendant issued BlockFi, Inc.[1] (“BlockFi”) a Finance Lender License (the “License”) pursuant to Finance Code se...
2022.03.01 Motion to Strike 056
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.03.01
Excerpt: ...is is an employment discrimination and retaliation action. The Complaint alleges as follows. Beginning in August 2020, Plaintiff Maria Hernandez Pocasangre (“Pocasangre” or “Plaintiff”) was jointly employed as a Stocker / Labeler and Shipment Processor by Defendants National Retail Transportaion, Inc. (“NRT”), Paramount, LLC (“Paramount”) and Skillset Group, LLC (“Skillset”) (collectively, “Defendants”). (Compl. ¶ 11.) On...
2022.02.10 Motion for Assignment Order 851
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.10
Excerpt: ...ng Order, and Turnover Order is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. On or about January 7, 2020, Plaintiff EBF Partners, LLC dba Everest Business Funding (“EBF”) purchased future receipts from Defendant She Beverage Company, Inc. (“Company”) in the sum of $204,000.00 in exchange for payment to Defendant Company of $150,000.00. Defendant Company e...
2022.02.10 Demurrer, Motion for Attorney Fees 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.10
Excerpt: ...the subject corporations' current director/managing officer(s). The Second Amended Complaint ("SAC") alleges as follows. In the 1970s, plaintiff Jerry Yarman Azarkman (“Plaintiff”) began selling electronics and other appliances as a door-to-door salesman in California after emigrating from Israel. By the 1980s, Plaintiff and his brother, Ron Azarkman Sahar Azarkman (“Defendant” and/or “Azarkman”), opened their first brick-and-mortar d...
2022.02.09 Motion for Summary Judgment, Adjudication V06
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.09
Excerpt: ...mary Judgment is DENIED. Defendants Margreit Asanad and Landco Realty and Appraisal, Inc.'s Motion for Summary Adjudication on the 2 nd through 5 th causes of action and the claims for general damages, prejudgment interest, and punitive damages are is DENIED. FACTUAL BACKGROUND This action arises from a real estate nondisclosure dispute. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Roza Ranjbar (“Plaintiff”) purchase...
2022.02.07 Demurrer to SAC 119
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.07
Excerpt: ...e liability action. The Second Amended alleges as follows. Plaintiff Lori Moore (“Plaintiff”) claims that, on August 19, 2019 she was walking along an area located at 10050 Riverside Drive, Toluca Lake, CA 91602, that was either owned or controlled by the City of Los Angeles and/or Chase Bank, N.A. (Compl. ¶¶ 10-11, 19.) Along this location was a knee-deep pothole that was not visible, and as a result, Plaintiff fell into the pothole and su...
2022.02.07 Application for Default Judgment 050
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.07
Excerpt: ...rie. FACTUAL BACKGROUND Plaintiffs Keith J. Moten, an individual, and Moten & Associates, APC, f/k/a Law Offices of Keith J. Moten, allege the following. Rosalina de Taylor (“Decedent”) died in January of 2019, leaving real and personal property subject to probate administration. Defendant Selma Jeanmarie (“Selma”[1]) was appointed as conservator to the Estate of Rosalina de Taylor (the “Estate”). Selma entered into a written contract...
2022.02.04 Motion to Compel Arbitration 629
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.04
Excerpt: ...ed pending disposition of the arbitration. FACTUAL & PROCEDURAL BACKGROUND This is an employment discrimination action under California's Fair Employment and Housing Act (“FEHA”). On September 2, 2021, plaintiffs Nicholas Reddick (“Reddick”) and Edmund Obiekea (“Obiekea”) filed the Complaint against defendants Keyes European, LLC (“Keyes”); Keyes Motors, Inc.; Keyes European; David Kohan; Brian Sheldon; and Does 1 through 100, inc...
2022.02.04 Motion to Expunge Lis Pendens 840
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.04
Excerpt: ...osts incurred by it in opposing this motion. FACTUAL BACKGROUND This is an action for breach of contract involving the sale of the real property located at 4901 Santa Fe, Vernon, California 90058 (the “Property”). The complaint was filed by Plaintiff M7 Holdings LLC (“M7 Holdings”) against Defendant 4901 Santa Fe LLC (“Santa Fe”) , among others, and alleges that M7 Holdings and Santa Fe entered into a Purchase and Sale Agreement for t...
2022.02.04 Motion to Maintain Records Under Seal 681
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.04
Excerpt: ...TED. Defendant County of Los Angeles' Motion to place the seal exhibits admitted in the trial of this action and the transcript of the trial testimony in this action is DENIED. BACKGROUND This is a civil employment whistleblower retaliation lawsuit brought by Plaintiff Denise Bertone (“Plaintiff”) against Defendant County of Los Angeles (“Defendant”). The instant action was consolidated with LASC case no. BC660736, titled Denise Bertone v...
2022.02.02 Motion to Expunge Lis Pendens and Judgment Lien 370
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.02
Excerpt: ...Judgment Lien are DENIED. (CCP § 405.32.) Plaintiff Bow Tie Realty & Investment, Inc.'s request to impose monetary sanctions against Defendants in the amount of $15,750.00 for attorney's fees reasonably incurred by Plaintiff herein, is GRANTED. (CCP § 405.38.) BACKGROUND This action seeks to enforce a prior judgment rendered in favor of plaintiff and, in addition, involves allegations of fraudulent transfers meant to circumvent enforcement of s...
2022.02.02 Motion for Summary Judgment, Adjudication 354
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.02
Excerpt: ...DENIED. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Crecencio Rodriguez and Neyla Rodriguez allege the following. Plaintiffs purchased a new 2016 Ford Explorer, which was accompanied by express warranties. Their vehicle was delivered with serious defects and nonconformities to warranty, and developed various other serious nonconformities, including transmission, engine, brakes, electrical, steering, and suspension defects. PROCEDURA...
2022.02.02 Demurrer, Motion to Strike 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.02
Excerpt: ...ariety Design Center, Inc., and David Su's Demurrer to Cross- Complainants' second, third, and fifth causes of action is SUSTAINED, with 20 days leave to amend. Cross-Defendants Motion to Strike is MOOT, in light of the ruling in the Demurrer. FACTUAL BACKGROUND This matter arises from an alleged breach of contract. The Complaint allege as follows. Plaintiff Xiaoxing Zhang (“Plaintiff”) negotiated with Defendant Zhe Zhang (“Zhang”) regard...
2022.02.01 Motion for Judgment on the Pleadings 942
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.01
Excerpt: ...LLC, IMG Foster Creek, LLC, and IMG Pointview Tower, LLC, Karlin Conklin, and Marc Gordon is GRANTED. FACTUAL BACKGROUND Plaintiff Steckbauer Weinhart, LLP (“Plaintiff”) alleges as follows in its Complaint in Interpleader. On September 2, 2019, claimants-in-interpleader Neil Schimmel, Investors Management Group, Inc., IMG Group Holdings, LLC, IMG Holding Partners, LLC, IMG Rolling Hills, LLC, IMG Foster Creek, LLC, and IMG Pointview Tower, LL...
2022.02.01 Demurrer, Motion to Strike 899
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.01
Excerpt: ...s of action is SUSTAINED without leave to amend. Defendants' motion to strike is DENED. FACTUAL BACKGROUND This complaint alleges that In June 2020, the three parties to this case, Plaintiffs Howard Beck and Jae Chung Ko (hereinafter, "Plaintiffs") met with Defendant Un Taek Joo (hereinafter, "Defendant") to discuss opening a sushi restaurant in the city of Los Angeles (hereinafter "the restaurant"). (Complaint, p. 2, ¶7-9). In November of 2020,...
2022.01.28 Petition to Compel Arbitration 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.28
Excerpt: ...s GRANTED. FACTUAL BACKGROUND This is an employment law lawsuit. On August 4, 2021, plaintiff Rosa Guevara (“Plaintiff”) filed this action against several defendants including defendant Glen Park at Valley Village, Inc. (“Defendant”). Plaintiff brings the following causes of action against the defendants: (1) discrimination in violation of the Fair Housing and Employment Act (“FEHA”), (2) failure to provide reasonable accommodation, (...
2022.01.28 Demurrer, Motion to Strike 214
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.28
Excerpt: ..., 2019, plaintiff Rads Bundang (“Plaintiff”) and defendant Aspire General Insurance Company (“Defendant”), entered into a written contract for automobile insurance for Plaintiff's financed vehicle, a 2017 Toyota Yaris (“Yaris”). (Compl., ¶¶ 1, 4, 8.) The Yaris was stolen on March 15, 2020. (Compl., ¶ 5.) Plaintiff reported the theft to the police and Defendant. (Compl., ¶ 5.) The police found the Yaris and returned it to Plaintiff...
2022.01.26 Special Motion to Strike 187
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.26
Excerpt: ...DENIED. FACTUAL BACKGROUND This is an action for defamation. The Complaint alleges as follows. Plaintiff Jeff M. Sturman (“Sturman”) had previously represented Defendant Brian Michael Regan (“Regan”) in connection with his divorce proceedings in 2015. (Compl. ¶ 2.) Over the course of the representation, there was a breakdown in the attorney-client relationship, which required a substation of counsel, and Defendant Regan owed Sturman's fo...
2022.01.26 Motion to Compel Further Responses, for Monetary Sanctions 077
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.26
Excerpt: ...MENTS, SET ONE, AND FOR MONETARY SANCTIONS The Motion to Compel Further Responses and Production to Request for Production of Documents, Set One filed by Plaintiff One Health International dba Redondo Veterinary Medical Center is GRANTED. The Request for Sanctions is GRANTED in the amount of $3,000 against Fireman's Fund Insurance Company. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One...
2022.01.25 Motion to Set Aside Default, Judgment 264
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.25
Excerpt: ...nts on January 29, 2020 are ordered set aside. FACTUAL BACKGROUND This is a lemon law action. Plaintiff Pedro Molina alleges that he purchased a 2017 Ford Edge (the “Subject Vehicle”), manufactured by defendant Ford Motor Company, on or about December 9, 2017 from defendant Ford of West Covina. (Compl., ¶¶ 6, 8.) After purchase, the Subject Vehicle began to exhibit defects, nonconformities, maladjustments, or malfunctions relating to the co...
2022.01.25 Demurrer 872
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.25
Excerpt: ...aintiff's Complaint and the joinder in that demurrer by Mark Sorum are SUSTAINED 20 days leave to amend. FACTUAL BACKGROUND This is an employment law action arising out of Plaintiff Shannon Clark's (“Plaintiff”) employment. Plaintiff alleges that she is an African-American homosexual woman who experienced discrimination and harassment in the workplace that eventually compelled her to resign. PROCEDURAL HISTORY Plaintiffs filed the Complaint o...
2022.01.24 Demurrer, Motion for Preliminary Injunction 326
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.24
Excerpt: ...e Estate Trust, David Park, Hannah Park, and Felipa Richland, individually and doing business through her law firm Richland & Associates (collectively “Richland”) to the first through third causes of action as to Richland is SUSTAINED without leave to amend. The demurrer to the fourth cause of action is SUSTAINED without leave to amend as to all Defendants. The demurrer to the seventh cause of action is SUSTAINED without leave to amend as to ...
2022.01.21 Motion to Expunge Lis Pendens 991
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.21
Excerpt: ...respect to the five-year lease on Suite 201A. Plaintiff's request for sanctions is DENIED. FACTUAL BACKGROUND This action concerns the real property commonly known as 9701 W. Pico Boulevard, Los Angeles, California 90035 (the “Property”). Plaintiff Caesar Capital, LLC, a/k/a Caesar Capital names as defendants PM Factors, Inc. and all persons known or unknown claiming any legal or equitable right, title, estate, lien or interest in the subject...
2022.01.21 Motion for Leave to Amend Complaint 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.21
Excerpt: ...s an action for employment discrimination and retaliation. The following is alleged in the operative Fourth Amended Complaint. Robin Reid (“Reid”) was a 66-year-old man who worked for defendant Beverly Hills Unified School District (“BHUSD”) for approximately 23 years as a residency investigator. (4AC ¶¶ 8, 11a.) Reid brought safety concerns to BHUSD's attention after experiencing violent altercations when conducting investigations off ...
2022.01.20 Motion to Compel Arbitration 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.20
Excerpt: ...��Plaintiff”) employment with Defendants Ormco Corporation, Inc. (“Ormco”). Kelly Services USA, LLC (“Kelly”) is a staffing company that placed Plaintiff to work with Ormco. The Complaint alleges in pertinent part as follows. While working for Ormco, Plaintiff faced harassment and discrimination because of her disability. Ultimately, Plaintiff's employment was wrongfully terminated. PROCEDURAL HISTORY On June 9, 2021, Plaintiff filed a ...
2022.01.18 Demurrer, Motion to Strike 264
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.18
Excerpt: ...rrer to Plaintiffs' First Amended Complaint is OVERRULED. Defendant General Motors, LLC's motion to strike portions of Plaintiffs' First Amended Complaint is DENIED. FACTUAL BACKGROUND This is a lemon law action. The First Amended Complaint (“FAC”) alleges as follows. On August 30, 2014, Plaintiffs Anna Maldonado (“Maldonado”) and Wayne Paul Benson (“Benson”) (collectively “Plaintiffs”) purchased a 2014 Chevrolet Cruze vehicle ide...
2022.01.14 Motion to Disqualify Counsel 995
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.14
Excerpt: ...L BACKGROUND Plaintiff Anthony Xepolis was insured with Defendant Tokio Marine America Insurance Company. Plaintiff hired nonparty contractor Build a Dream, Inc. to install a new deck on the property. Thereafter, water began to leak through the ceiling, leading the ceiling to collapse days later. Build a Dream admitted responsibility for damage to the ceiling caused by defective deck installation. Plaintiff reported the claim to Defendant. The pa...
2022.01.13 Motion for Summary Judgment, Adjudication 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.13
Excerpt: ... This is a lemon law action. The Complaint alleges as follows. Plaintiffs Juan Perez and Juan Pablo Perez (“Plaintiffs”) purchased a used 2015 Ford Mustang (“Subject Vehicle”) on July 31, 2015. (Complaint ¶ 9.) Defendant Ford Motor Company (“Ford”) manufactured or distributed the Subject Vehicle and, under the Subject Vehicle's express warranties, undertook to preserve or maintain the utility or performance of the Subject Vehicle or ...
2022.01.12 Motion for Approval of PAGA Settlement 049
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.12
Excerpt: .... FACTUAL BACKGROUND This is a PAGA action. Plaintiff Luis Melgoza alleges he was employed by Defendant Century Tile, LLC dba Lunada Bay Tile as a warehouse worker from approximately 2015 until his date of termination on April 24, 2020. Plaintiff alleges Defendant violated various provisions of the Labor Code by failing to pay all wages, provide compliant meal and rest breaks, adopt standards that minimize excessive indoor heat, provide accurate ...
2022.01.12 Demurrer, Motion to Strike 256
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.12
Excerpt: ...ORTIONS OF CROSS- COMPLAINANT'S CROSS-COMPLAINT Cross-Defendant CSE Safeguard Insurance Company's demurrer to Cross-Complainant's Cross- Complaint is SUSTAINED with 20 days leave to amend. Cross-Defendant CSE Safeguard Insurance Company's motion to strike portions of Cross-Complainant's Cross-Complaint is DENIED as moot. FACTUAL BACKGROUND This is an action for insurance coverage. The Complaint alleges as follows. Plaintiff CSE Safeguard Insuranc...
2022.01.11 Motion to Strike or Tax Costs 048
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.11
Excerpt: ...ar Cruz, and Roxanna Cruz Aquino filed on October 8, 2021 is GRANTED IN PART. The amount of $3,713.85, is taxed. Plaintiffs are to receive the remaining requested costs in the amount of $10,618.22. FACTUAL HISTORY This is a Lemon Law action. The Complaint alleges as follows. On May 17, 2015, Plaintiffs Eduardo Cruz Aquino aka Edwardo Cruz Aquino (“Aquino”), Omar Cruz (“Cruz”), and Roxxana Cruz Aquino (“Roxxana”) purchased a used 2013 ...
2022.01.10 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.10
Excerpt: ...he arbitration FACTUAL BACKGROUND This matter arises from Plaintiff Eric Ellis' (“Plaintiff”) employment with Defendant Warren Properties, Inc. (“Defendant”). The First Amended Complaint (“FAC”) alleges in pertinent part as follows. While working for Defendant as a leasing agent/property manager from July 6, 2020 to March 10, 2021, Plaintiff faced harassment and discrimination because of his race as an African-American and Plaintiff c...
2022.01.07 Motion to Set Aside Default 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.07
Excerpt: ...side the Default entered against him as to Cross-Complainants Zhe Zhang and Envirogreen Windows and Doors, Inc.'s First Amended Cross-Complaint is GRANTED. Plaintiff is to file an answer to the First Amended Cross-Complaint within 20 days of this ruling. FACTUAL BACKGROUND This matter arises from a breach of contract. PROCEDURAL HISTORY On March 16, 2020, Plaintiff Xiaoxing Zhang (“Plaintiff”) filed a Complaint against Defendants Zhe Zhang (�...
2022.01.05 Demurrer 361
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ..., and fourth causes of action as to defendant Harari with leave to amend. The demurrer to the eighth cause of action is sustained as to all Defendants with leave to amend. FACTUAL BACKGROUND This is a wrongful foreclosure action concerning the residential property located at 810 E. 76th Place, Los Angeles, California (the “Property”). (SAC ¶ 1.) Plaintiff Donna Allen, as an individual and as Trustee of the Earnestine Allen Living Trust, alle...
2022.01.05 Motion for Summary Judgment, Adjudication 411
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ...ation are DENIED. FACTUAL BACKGROUND This action arises from a real estate nondisclosure dispute. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Roza Ranjbar (“Plaintiff”) purchased a residential property located at 20418 Califa Street in Woodland Hills, California (“Property”) from Defendants Vasil L. Rakov (“Rakov”) and Lyubka P. Rakova (“Rakova”). (SAC ¶ 9.) Defendants Margreit Saanad and Landco Realty ...
2022.01.05 Motions to Strike Complaint 826
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ...stan Copen (“Copen”), Naghmeh Makhani (“Makhani”) and 611 Gayley Los Angeles 90024 LLC (“Gayley”) are DENIED except as for the negligence cause of action, as which they are GRANTED. FACTUAL BACKGROUND This action arises from a landlord-tenant dispute. Plaintiffs Steven Alexander Littaua (“Littaua”) and Bryan Martinez (“Martinez”) (collectively, “Plaintiffs”) resided at the real property known as 611 Gayley Avenue, Los Ange...
2021.12.17 Special Motion to Strike 254
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.17
Excerpt: ...e, Philip John “P.J.” Clapp (p/k/a Johnny Knoxville), Adam H. Spiegel (p/k/a Spike Jonze), Dickhouse Entertainment, Inc., and Gorilla Flicks' Special Motion to Strike Plaintiff's Complaint is GRANTED IN PART and DENIED IN PART. The Court GRANTS the motion only as to the Twelfth and Thirteenth Causes of Action and DENIES it as to the Tenth and Eleventh Causes of Action. FACTUAL BACKGROUND This is an employment, breach of contract, and copyrigh...
2021.12.17 Motion to Compel Arbitration 417
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.17
Excerpt: ... completion of the arbitration. FACTUAL BACKGROUND This matter arises from Plaintiff Gabrielle Bon Durant's employment with Defendants California Yacht Club, Inc. (“CYC”) and Hillcrest Country Club (“HCC”). The Complaint alleges in pertinent part as follows. While working at CYC, Plaintiff suffered harassment from her supervisors and was retaliated against. Plaintiff also suffered from a disability and requested reasonable accommodations,...
2021.12.16 Motion to Strike, to Expunge Lis Pendens 920
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.16
Excerpt: ...ily Trust's Motion to Expunge Lis Pendens is GRANTED. Defendants Request for Attorney's Fees and Costs is DENIED without prejudice. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges in relevant part as follows. On March 28, 2012, Defendants Yook Kahm and The Kahm Family Trust (collectively “Defendants”) purposefully and inaccurately misrepresented the square footage amount of the subject premises. This led Plaintif...
2021.12.15 Demurrer 075
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.15
Excerpt: ...ion. Plaintiffs Marcus Sanford and David Braden Sanford allege the following. Plaintiffs were the purchasers and owners of a residential single-family home located in Los Angeles (the “Property”). Plaintiffs have identified certain defects in construction in violation of the construction standards set forth in the Civil Code, which are causing property damage to the Property, including extensive water damage and mold contamination. This suit ...
2021.12.14 Demurrer 932
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.14
Excerpt: ...olina Eight Cause of Action is SUSTAINED, With 20 days Leave to Amend. FACTUAL BACKGROUND This matter arises from Plaintiff Christina Molina's (“Plaintiff”) employment with SEIU Local 121RN (“Defendant”). Plaintiff was retaliated against because she reported abusive treatment by a manager. (Compl., ¶ 14.) Defendant retaliated against Plaintiff in several ways, including assigning her tasks that violated her medical restrictions. (Compl.,...
2021.12.10 Petition to Compel Arbitration 890
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.10
Excerpt: ... alleges that he worked for his former employer, Defendant Canyon Wholesale Provisions, from April 15, 2006 to February 19 2020. Plaintiff alleges that Defendant failed to pay Plaintiff all wages, failed to provide meal and rest breaks, and committed unlawful business practices. Plaintiff also alleges that he is diagnosed with asthma, a condition considered to be a disability under relevant state and federal laws. Plaintiff was terminated on Febr...
2021.12.10 Motion for Leave to Amend Complaint 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.10
Excerpt: ...or employment discrimination and retaliation. The following is alleged in the operative Fourth Amended Complaint. Robin Reid (“Reid”) was a 66-year-old man who worked for defendant Beverly Hills Unified School District (“BHUSD”) for approximately 23 years as a residency investigator. (4AC ¶¶ 8, 11a.) Reid brought safety concerns to BHUSD's attention after experiencing violent altercations when conducting investigations off school ground...
2021.12.09 Demurrer, Motion for Protective Order 673
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.09
Excerpt: ...omplaint is DENIED AS MOOT. Defendant Guangxia Kou aka Angelina Kou's Motion for Protective Order is DENIED. The Motions for Sanctions are DENIED. FACTUAL HISTORY This is an action arising out of a romantic relationship between Plaintiff David Siu Kai Lee aka David Lee (“Lee”) and Defendant Guangxia Kou aka Angelina Kou (“Kou”). Plaintiff alleges that he invested his own money into multiple real estate investments relying on Kou's promise...
2021.12.07 Demurrer 372
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.07
Excerpt: ...e Sevigny (“Plaintiff”) claims that she was discriminated, harassed and retaliated against by Defendant Cri-Help, Inc. on the basis of her disability and medical condition. (Compl. ¶ 6.) Plaintiff further asserts that she was denied reasonable accommodations, sick time, and family leave. (Id.) Because of her medical condition and lawful requests, she was subjected to harassment, which constituted a hostile work environment. (Compl. ¶ 7.) Fu...
2021.12.06 Demurrer, Motion to Strike 158
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.06
Excerpt: ... Cause of Action for Elder Abuse is OVERRULED. This Defendant Kendra Wallace's Don Wallace's and Ron Wallace's Demurrer to Plaintiff's Third Cause of Action for Conversion is sustained with leave to amend. Defendants Kendra Wallace's Don's Wallace and Ron Wallace's Motion to Strike portions of Plaintiff's FAC is DENIED. FACTUAL BACKGROUND This action arises from allegations that that an elderly woman was intentionally misled by her offspring into...
2021.12.06 Demurrer, Motion to Strike 082
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.06
Excerpt: ... Cause of Action for Elder Abuse is OVERRULED. This Defendant Kendra Wallace's Don Wallace's and Ron Wallace's Demurrer to Plaintiff's Third Cause of Action for Conversion is sustained with leave to amend. Defendants Kendra Wallace's Don's Wallace and Ron Wallace's Motion to Strike portions of Plaintiff's FAC is DENIED. FACTUAL BACKGROUND This action arises from allegations that that an elderly woman was intentionally misled by her offspring into...

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