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2020.08.31 Demurrer 598
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.31
Excerpt: ...D COMPLAINT Defendants California Wound Healing Medical Group, Inc., Gabriel Halperin, Erika Lepe, Jeffrey Wood, Ivan Orozco, and John Sangmoah's Demurrer to the First Amended Complaint is OVERRULED as to the Second Cause of Action, and SUSTAINED with leave to amend as to the Third and Fourth Causes of Action. Defendants California Wound Healing Medical Group, Inc., Gabriel Halperin, Erika Lepe, Jeffrey Wood, Ivan Orozco, and John Sangmoah's Moti...
2020.08.27 Motion to Quash Service of Summons and Complaint 099
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.27
Excerpt: ...and Community Association, Inc.'s Motion to Quash Plaintiff's Service of Summons and Complaint is GRANTED as to both Marineland and Yates. FACTUAL BACKGROUND This is an action for wrongful eviction. The Complaint alleges as follows. Plaintiff Mari N. Hudson (“Hudson”) was in peaceable possession of property when Defendants forcibly entered the property by means of the Sheriff and a void writ of possession. (Complaint ¶ 14.) PROCEDURAL HISTOR...
2020.08.27 Motion to Quash Service of Summons 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.27
Excerpt: ...NIED as to both Harden and Vasdekis. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff George Santopietro (“Santopietro”) and Defendants James Harden (“Harden”), Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals LLC (“LA Rentals”), and Solimar Management LLC (“Solimar,” and collectively, the “Defendants”) e...
2020.08.26 Demurrer 351
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.26
Excerpt: ...nt is OVERRULED for all three causes of action as to Bowers and TMTE, Inc.; and SUSTAINED with leave to amend for all three causes of action as to Asher and Batashvili. FACTUAL BACKGROUND This is an action for contract interference. The Complaint alleges as follows. Plaintiff Langmore Capital, Inc. (“Langmore”) was hired by non-party Carol Elbon (“Elbon”) on August 9, 2019 to purchase precious metals for Elbon in the amount of $40,695.20....
2020.08.24 Demurrer, Motion to Strike 862
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.24
Excerpt: ...ion. Defendant General Motors LLC's Motion to Strike is GRANTED without prejudice as to punitive damages. Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Daisy Covarrubias and Frank Valencia (the “Plaintiffs”) purchased, on February 2016, a 2015 Chevrolet Cruz with an exp...
2020.08.24 Demurrer, Motion to Strike 584
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.24
Excerpt: ... Rayn's Motion to Strike Portions of the First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence. The Second Amended Complaint (“SAC”) alleges as follows. Defendants Zipora Atwain (“Atwain”) and Asi Rayn (“Rayn”) negligently or intentionally caused water damage to Plaintiff Moris Sakhai's (“Sakhai”) condominium unit by not promptly stopping water to flow excessively from their condominium unit to Sak...
2020.08.24 Demurrer 197
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.24
Excerpt: ...s SUSTAINED with leave to amend for Venegas and Alejandre as to all causes of action; SUSTAINED with leave to amend for Rancho Humilde Entertainment, LLC as to the Fourth Cause of Action; and OVERRULED as to Rancho Humilde Entertainment LLC as to the First, Second, Third, Fifth, Sixth, Seventh and Eighth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Romart Holguin (“Ho...
2020.08.21 Demurrer, Motion to Strike 997
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.21
Excerpt: ...a and Ken Begey's Demurrer is OVERRULED as to the Third and Fourth Causes of Action, and SUSTAINED with leave to amend as to the Sixth Cause of Action. Defendants Berkshire Hathaway Homeservices California and Ken Begey's Motion to Strike is DENIED as to punitive damages and SUSTAINED with leave to amend as to attorneys' fees. FACTUAL BACKGROUND This is an action for breach of fiduciary duties, professional negligence, breach of contract, and fra...
2020.08.20 Demurrer, Motion to Strike 726
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.20
Excerpt: ... the Fifth and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is GRANTED without prejudice as to punitive damages; and DENIED as to the allegations for civil penalties pursuant to Civil Code § 1793(a)(3). Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Margaret Hashaway...
2020.08.18 Demurrer 146
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.18
Excerpt: ... al.; Defendants. Case No.: 18STCV01146 Hearing Date: August 18, 2020 [TENTATIVE] RULING RE: DEFENDANT SEASIDE TRUSTEE, INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT executed document entitled Trustee's Deed Upon Sale following a trustee's sale for property belonging to Plaintiff Ricardo Arredondo (“Arredondo”). (SAC ¶ 37.) Arredondo alleges that the trustee's sale was void pursuant to Civil Code section 2934a because “it was held by Seas...
2020.08.14 Demurrer, Motion to Strike 904
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.14
Excerpt: ...eneral Motors, LLC's Motion to Strike to the Complaint is GRANTED without prejudice. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Raul Esparza (“Esparza”) purchased, on October 27, 2013, a new 2014 Chevrolet Cruz with an express warranty. (Compl. ¶¶ 7-8.) During the warranty period, the vehicle developed various defects including cooling system defects, Bluetooth defects, defects causing the windo...
2020.08.12 Demurrer 183
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.12
Excerpt: ...plaint is SUSTAINED with leave to amend as to all causes of action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. On September 8, 2017 Defendant Starquest Media, LLC (“Starquest”) entered into a Credit Agreement with Plaintiff JP Morgan Chase Bank, N.A. (“Chase”) for $90,000. (Compl. ¶ 8.) On September 18, 2017, Starquest, signed a Line of Credit Note in connection with the Credit Agreemen...
2020.08.11 Motion for Summary Judgment 736
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.11
Excerpt: ...retaliation. The 2017 and 2018 Complaints allege as follows. Plaintiff Denise Bertone (“Bertone”) worked as a coroner investigator with the Los Angeles county Department of the Coroner-Medical Examiner. (2017 Complaint ¶ 9.) Plaintiff used her nursing background to investigate the deaths of children. (2017 Complaint ¶¶ 12–18.) In 2013, Bertone investigated the death of a child who had entered a coma after being submerged in a washing mac...
2020.08.10 Motion to Determine DHCS Lien Claim 574
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.10
Excerpt: ...able. DHCS is to recover on its lien in the amount of $229,696.73. FACTUAL BACKGROUND This is a medical negligence (wrongful life) case. Plaintiff Daniel Corona (“Corona”) (here acting through his Guardian ad Litem and mother, Rebecca Gutierrez (“Gutierrez”)) alleges that Defendants, a series of physicians and medical providers, acted negligently in offering care to Corona, resulting in a number of pre-birth, birth, and post-birth injurie...
2020.08.10 Demurrer, Motion to Strike 045
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.10
Excerpt: ...STAINED with leave to amend. Defendant Century City Mall, LLC's Motion to Strike is DENIED. The Motion to be Admitted Pro Hac Vice has been withdrawn at the request of the moving party ffiled May 12, 2020. FACTUAL BACKGROUND This is an action for fraudulent inducement. The Complaint alleges as follows. Plaintiff Petros Benekos (“Benekos”) is the owner of Petros MB, Inc. (“Petros”) a restaurant group that entered into five lease agreements...
2020.08.10 Demurrer 391
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.10
Excerpt: ... Trustee, f/b/o The Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR6, Mortgage Pass-Through Certificates, Series 2007-AR6's Demurrer to the Complaint is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Complaint alleges as follows. Plaintiffs Sang Kue Chyun (“Cyun”) and Hwa Suk Chya (“Chya”) (hereinafter collectively the “Plaintiffs”) are a married couple who ...
2020.08.07 Motion for Leave to Amend Complaint 178
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.07
Excerpt: ...end the Cross-Complaint is GRANTED. Plaintiffs Critical Mind, Inc., CBGC, LLC, and Spencer Vodnoy's Motion for Leave to File First Amended Complaint is CONTINUED to August 17, 2020 for Plaintiffs to file supplemental briefing. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff Spencer Vodnoy (“Vodnoy”) was a lawyer with a criminal defense practice who was induced to enter into a cannabis cultivation pa...
2020.08.07 Demurrer, Motion to Strike 327 (2)
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.07
Excerpt: ...'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT THYSSENKRUPP MATERIALS, NA, INC. (DOE 2)'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT SUNSHINE METALS, INC. (DOE 20)'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT SASOL CHEMICALS (USA) LLC (DOE 3)'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE Defendants Sasol Chemical, BP Lubricants USA Inc., Thysse...
2020.08.06 Motion for Summary Judgment, Adjudication 272
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.08.06
Excerpt: ...ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants Allied Building Products, LLC, Beacon Roofing Supply, Inc., and Cody Melamed's Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication of the Seventh Cause of Action is DENIED; GRANTED as to the Eighth Cause of Action; and DENIED as to the request for punitive damages. Defendant Unirac, Inc.'s Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication of the...
2020.07.31 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.31
Excerpt: ...of Action and SUSTAINED with leave to amend as to the Second, Third and Fourth Causes of Action. Defendant City of Whittier's Motion to Strike is GRANTED without leave to amend. FACTUAL BACKGROUND This is an action for injunctive relief. The Complaint alleges as follows. Plaintiff Oscar Alfaro (“Alfaro”) alleges that Defendant City of Whittier, California (the “City”) has surveilling him via satellite, stalking, tapping his phone conversa...
2020.07.30 Motion to Dismiss Complaint, for Leave to File Complaint 496
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.30
Excerpt: ... CROSS-COMPLAINT AGAINST NAI CAPITAL, INC. FOR INDEMNITY AND CONTRIBUTION Plaintiffs' Motion to Dismiss Cathy Sculling's Second Amended Cross-Complaint for Failure to Join an Indispensable Party is DENIED. Plaintiff's Motion for Leave to File a Third Party Cross-Complaint Against NAI Capital, Inc. for Indemnity and Contribution is DENIED. FACTUAL BACKGROUND This is a case for the partition by sale of a co-owned LLC. Ventura Gaviota, LLC is a limi...
2020.07.28 Motion for Preliminary Injunction 890
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.28
Excerpt: ...phin LLC's Motion for Preliminary Injunction is DENIED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Avis Copelin, Placemark Properties LLC, Placemark Assets LLC, and Dauphin LLC (“Plaintiffs”) own properties in Arcadia, Palm Desert, Studio City, and Laguna Hills. (Complaint ¶ 2.) Defendants originated mortgage loans against these properties and initiated foreclosure proceedings ...
2020.07.28 Demurrer 847
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.28
Excerpt: ...end. FACTUAL BACKGROUND This is an action for fraud and breach of fiduciary duty. The Complaint alleges as follows. Plaintiff Anthony Cassara, II (“Cassara”) and his sister had trusts created in each of their benefit by their parents (the “Cassara Parents”) on December 21, 1990 (both trusts collectively, the “1990 Cassara Trust”). (Compl. ¶ 7.) The sole asset of the 1990 Cassara Trust was a life insurance policy from Defendant Jackso...
2020.07.27 Demurrer, Motion to Strike 893
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.27
Excerpt: ... the Complaint is SUSTAINED with leave to amend. Defendants Biohealth Diagnostics Laboratory and Joan Hunziker's Motion to Strike is GRANTED as to paragraph 52 in the Seventh Cause of Action, and DENIED as to the remainder. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Defendant Biohealth Diagnostics Laboratory (“BDL”) hired Plaintiff Scott Madel (“Madel”) in early 2019 as its Chief Executi...
2020.07.27 Motion to Compel Arbitration 237
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.27
Excerpt: ...this Court on the remaining claims against Eagle Adjusters, Inc. are STAYED per Code of Civil Procedure § 1281.4. FACTUAL BACKGROUND This is an action for wrongful repossession. The Complaint alleges as follows. On June 8, 2019, Plaintiff Christine Cartwright (“Cartwright”) purchased a 2018 Honda Civic pursuant to a conditional sales contract with the dealership, who assigned its interest in the contract to Defendant Bridgecrest Credit Compa...
2020.07.27 Motion to Quash Business Records Subpoena 254
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.27
Excerpt: ...ed. FACTUAL ALLEGATIONS This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose of cultivating cannabis. (Complaint ¶ 10.) Poltavski repeatedly represented to Palagashvili that he would obtain the necessary permits, and Pa...
2020.07.23 Motion for Summary Adjudication 459
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.23
Excerpt: ...l termination case. The Complaint alleges as follows. Plaintiff Adriana Alvarado (“Alvarado”) was employed as a Sample Maker for Defendant Koos Manufacturing, Inc. (“Koos”) for almost three years until her termination on May 4, 2017. (Compl. ¶ 4.) Alvarado developed and suffered physical disabilities in January 2015 and May 2015. Each time she filed a Worker's Compensation claim, and was placed on CFRA and other leave. (Compl. ¶¶ 7-10,...
2020.07.22 Demurrer 137
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.22
Excerpt: ...nd. FACTUAL BACKGROUND This is an action for employment discrimination. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Duncan Milner (“Milner”) was employed by Defendants beginning in 1987 until he was terminated in June, 2019 while serving as the global creative president for TBWA Worldwide. (SAC ¶¶ 10, 14d.) Defendants include TBWA Worldwide, Inc. (“TBWA”), TBWA Chiat Day LA, TBWA Chiat/Day, Inc., TBWA/Chiat/Da...
2020.07.17 Petition to Compel Arbitration 404
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.17
Excerpt: ...tion for sexual harassment, retaliation, and discrimination. The Complaint alleges as follows. Plaintiff Laura Cruz (“Cruz”) was employed by Defendants Pixior Global Logistics, LLC (“Pixior Global”), Pixior, LLC (“Pixior,” and together with Pixior Global, the “Pixior Defendants”), and Alvaro Doe (“Doe 1”) in March 2019. (Compl. ¶ 8.) While employed, Cruz was subjected to sexual harassment and was ultimately terminated in Sept...
2020.07.17 Motion to Quash Deposition Subpoena 401
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.17
Excerpt: ...ed may be redacted to protect the identity of any third persons not employed by one of the defendants who may be named in the personnel file. In the event plaintiff believes that the identity of that third person is important after reviewing the documents, the Court will undertake an in camera review of the redacted and unredacted document prior to a hearing on the issue. FACTUAL BACKGROUND This is an action for employment discrimination and hara...
2020.07.16 Motion to Set Aside Default, Judgment 246
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.16
Excerpt: ...s follows. Defendant Smith Patten (“Patten”), a business entity, signed a lease agreement on January 25, 2016 for a period of 5 years and 3 months at $5,625 per month/increasing each year to $6,146.88 in 2019. (Compl. ¶ 6.) On January 7, 2019, Plaintiff 888 Tower LP (“888 Tower”) served a 3-day notice to pay rent or quit, and Patten failed to comply within 3 days. (Compl. ¶¶ 7-8.) 888 Tower seeks damages in the amount of the past due r...
2020.07.16 Motion for Mandatory Venue Transfer 107
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.16
Excerpt: ...laint alleges as follows. Plaintiff Amanda Barnard Stoddard (“Stoddard”) purchased a new 2018 Kia Soul on August 8, 2018 from Defendant Kia Motors America, Inc. (“Kia”), with express written warranties. (Compl. ¶ 6.) During the warranty period, the vehicle developed serious defects related to the engine, which Kia has been unable to repair. (Compl. ¶¶ 8, 82.) Kia has failed to repair, replace, or make restitution for the defective vehi...
2020.07.15 Motion for Summary Judgment, Adjudication 170
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.15
Excerpt: ...rvices, Inc. and Carlos Rittner's Motion for Summary Judgment, or in the alternative, Summary Adjudication of the First Amended Cross-Complaint is DENIED as to the First, Second, Third, and Fourth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff CR Creative Services, Inc. (“CRCS”) employed Defendant Harold Briones (“Briones”), who also owned shares with CRCS. (Compl...
2020.07.15 Demurrer, OSC Re Preliminary and Permanent Injunction 282
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.15
Excerpt: ...PLAINT PLAINTIFF'S APPLICATION FOR ORDER TO SHOW CAUSE; A TEMPORARY RESTRAINING ORDER RE: PRELIMINARY AND PERMANENT INJUNCTION ENJOINING DEFENDANT'S FORECLOSURE SALE SET FOR MARCH 24, 2020 AT 10 A.M. Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust 2006-2's Demurrer to the Complaint is SUSTAINED with leave to amend as to...
2020.07.14 Motion for Summary Judgment, Adjudication 170
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.14
Excerpt: ...vices, Inc. and Carlos Rittner's Motion for Summary Judgment, or in the alternative, Summary Adjudication of the First Amended Cross- Complaint is DENIED as to the First, Second, Third, and Fourth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff CR Creative Services, Inc. (“CRCS”) employed Defendant Harold Briones (“Briones”), who also owned shares with CRCS. (Compl...
2020.07.14 Demurrer, Motion to Strike 439
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.14
Excerpt: ...rer to Portions of the Third Amended Complaint is OVERRULED. Defendants Henry M. Willis and Schwartz, Steinsapir, Dohrmann & Sommers, LLP's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for legal malpractice. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Jean Ndjongo (“Ndjongo”) was placed on administrative leave by his employer, City of Los Angeles, Department of Airports, in June 2011. He the had a...
2020.07.13 Motion to Strike 282
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.13
Excerpt: ...ELMER LOPEZ-PLIEGO; and ROES 1-10; Cross-Defendants. PLAINTIFF SECURITY NATIONAL INSURANCE COMPANY'S MOTION ON LIEN APPLICATION STATE OF CALIFORNIA ; Cross-Complainant, vs. ELMER LOPEZ-PLIEGO; and ROES 1-50; Cross-Defendants. Plaintiff Security National Insurance Company's Motion to Strike and/or Tax Costs is GRANTED in the amount of $459.62. Plaintiff Security National Insurance Company's Motion on Lien Application is GRANTED in part. After Rein...
2020.07.10 Motion to Disqualify Attorney 359
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.10
Excerpt: ... Disqualify Counsel is DENIED. FACTUAL BACKGROUND This is an action for premises liability. The Complaint alleges as follows. On January 13, 2017, Plaintiff Elizabeth Bojorquez (“Bojorquez”) slipped and fell while at a Costco Wholesale Corporation (“Costco”) store. (Compl. ¶ 12.) Plaintiff alleges that she was about to enter the store when she slipped on a disposable cup and a substance believed to be water. (Compl. ¶ 12.) She alleges t...
2020.07.08 Motion to Disqualify Attorney 359
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.08
Excerpt: ... Disqualify Counsel is DENIED. FACTUAL BACKGROUND This is an action for premises liability. The Complaint alleges as follows. On January 13, 2017, Plaintiff Elizabeth Bojorquez (“Bojorquez”) slipped and fell while at a Costco Wholesale Corporation (“Costco”) store. (Compl. ¶ 12.) Plaintiff alleges that she was about to enter the store when she slipped on a disposable cup and a substance believed to be water. (Compl. ¶ 12.) She alleges t...
2020.07.08 Motion for Summary Judgment, Adjudication 257
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.08
Excerpt: ...D. FACTUAL BACKGROUND This is a FEHA wrongful termination case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Lynette Salazar (“Salazar”) was employed by Defendant City of Glendale (the “City”) from April 25, 2005 as a police (patrol) officer. (FAC ¶ 10.) Salazar applied for, and was denied, promotions to Police Sergeant positions in 2011, 2014, and 2016. (FAC ¶ 11.) The City denied promotions to management posit...
2020.07.07 Motion for Judgment on the Pleadings, to Strike Punitive Damages 077
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.07
Excerpt: ...COMPANY'S MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFF'S FIRST AMENDED COMPLAINT Defendant Veterinary Insurance Services Company's Motion for Judgment on the Pleadings as to the First Amended Complaint is DENIED. Defendants Allianz Global Corporate & Specialty and Fireman's Fund Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One Health International dba Redo...
2020.07.07 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.07
Excerpt: ...rict, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Demurrer to the Third Amended Complaint is SUSTAINED without leave to amend for the Second Cause of Action as to Bregy and Pavone; and OVERRULED for the remaining Second (as to the District), Third, Sixth, Eighth, Tenth, and Eleventh Causes of Action. Defendants Beverly Hills Unified School District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Motion to Strike is GRAN...
2020.07.06 Motion for Preliminary Injunction 964
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.06
Excerpt: ... ET AL.'S MOTION FOR PRELIMINARY INJUNCTION Defendant Joseph Cheng Meng Lam's (“Lam”)Motion for Preliminary Injunction Enjoining the Non-Judicial Foreclosure and Defendant Ken Cheng et al.'s (“Chen”) Motion for Preliminary Injunction are GRANTED on the condition that Lam and Chen shall post a $5000 bond each. This order is without prejudice to Plaintiff Jennifer Lechter (“Lechter”) filing a motion to increase the bond in the event the...
2020.07.06 Demurrer, Motion to Strike 707
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.06
Excerpt: ...mend as to the Seventh Cause of Action. Defendant General Motors, LLC's Motion to Strike Punitive Damages From Plaintiff's aComplaint is GRANTED without prejudice. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Mary Lacayo and Louis Lacayo (the “Lacayos”) purchased, on March 30, 2010, a 2010 Chevrolet Equinox with an express warranty. (Compl. ¶¶ 6-7.) During the warranty period, the vehicle develop...
2020.07.02 Demurrer, Motion to Strike 354
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.02
Excerpt: ...san North America, Inc.'s Motion to Strike to the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Reynalda Valdez Obeso and Erica Obeso (the “Obesos”) purchased a new 2015 Nissan Sentra with express warranties on May 12, 2015. (Compl. ¶¶ 7-8.) The vehicle was delivered with, and developed, serious defects and nonconformities including transmission malfunctions which Defendant Ni...
2020.06.29 Motion for Protective Order 273
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.06.29
Excerpt: ...alcaba. The protective order must conform to the Los Angeles Superior Court's Highly-Confidential Protective Order form, with the exceptions that Defendants' counsel and Gallagher's in-house counsel may receive the subpoenaed records, but Glickman may not read, receive, or otherwise review the subpoenaed records at issue relating to Rubalcaba's medical and/or psychiatric/psychological records, which are to be designated as “highly confidential....
2020.06.25 Motion for Summary Judgment 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.06.25
Excerpt: ... R. RYAN'S MOTION FOR SUMMARY JUDGMENT Cross-Defendant Gregory R. Ryan's Motion for Summary Judgment is DENIED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a temporary constru...
2020.06.24 Motion to Enforce Settlement Agreement 340
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.06.24
Excerpt: ...ement is GRANTED. The Court awards attorneys' fees and costs in the amount of $2,750. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Susannah O'Brien is the CEO of Plaintiff Sahara Vision Productions, LLC (collectively referred to as “O'Brien”). (FAC ¶¶ 1–2.) In November 2014, O'Brien met with Defendant John Richard Rogers (“Rogers”), who rep...
2020.06.23 Demurrer 551
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.06.23
Excerpt: ...C's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Alameda Square Owner LLC (“Alameda”) seeks a declaration that Los Angeles Wholesale Produce Market, LLC (“LAWPM”) has no right to any further infringement or encroachment upon two parcels of real property ...
2020.06.22 Motion for Summary Judgment 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.06.22
Excerpt: ... R. RYAN'S MOTION FOR SUMMARY JUDGMENT Cross-Defendant Gregory R. Ryan's Motion for Summary Judgment is DENIED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a temporary constru...

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