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2018.7.17 Demurrer 038
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.7.17
Excerpt: ...tiffs ROBERT ALFARO and YOLANDA ALFARO on April 4, 2018. The relevant facts, as alleged, are as follows: Plaintiffs are the “owners and lessors of real properties located at 6710 and 6714 Greenleaf Avenue, Whittier, California, 90601.” (Complaint ¶1.) “On or about May 1, 2015, the parties entered into a California Commercial Lease Agreement with DEFENDANTS for the lease of commercial office space located 6714 Greenleaf Avenue, Whittier, Ca...
2018.7.12 Motion for Issue Sanctions 786
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.7.12
Excerpt: ...rse of this litigation. On February 2, 2018, this Court granted Plaintiff's motion to compel the deposition of JENNY GRIJALVA to enable Plaintiff the opportunity to conduct reasonable discovery pertaining to the existence of the alleged videotape. The Court's Order states, in pertinent part: “Based on the limited scope of the deposition of deponent JENNY GRIJALVA…, pursuant to CCP 2025.420(b)(6), the deposition [ ] shall be conducted on writt...
2018.7.11 Motion for Determination of Good Faith Settlement 490
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.7.11
Excerpt: ... of costs among tortfeasors. To do so, the settlement must be within the reasonable range of the settling tortfeasor's share of liability for the Plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) The Tech- Bilt court set forth the factors to be considered by the court in making the determination, such as: (1) the rough app...
2018.7.10 Motion to Quash Subpoena, to Compel Further Responses 490
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.7.10
Excerpt: ...IS' Further Responses to Form Interrogatories (set two) is MOOT. I. Defendant GLORIA RODRIGUEZ's Motion to Compel Plaintiff IMA MARGIE DAVIS' Further Responses to Special Interrogatories (set two) is MOOT. I. Defendant GLORIA RODRIGUEZ's Motion to Compel Plaintiff IMA MARGIE DAVIS' Further Responses to Request for Admissions (set two) is GRANTED in part, and MOOT in part. I. Defendant GLORIA RODRIGUEZ's Motion to Compel Plaintiff IMA MARGIE DAVIS...
2018.7.10 Demurrer 218
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.7.10
Excerpt: ... 6, 2018. This action arises out of the Defendants' purported breach of Settlement Agreement(s) concerning the conveyance of an exclusive easement. Plaintiff's Complaint was filed on April 5, 2017. As alleged, the relevant facts are as follows: “Slattery initiated a prior lawsuit against the Samarins… (the ‘Initial Action'). After several years of litigating, Slattery and the Samarins entered into a settlement agreement and mutual release t...
2018.6.28 Motion to Expunge Lis Pendens 838
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.28
Excerpt: ...g on which it is based does not contain a “real property claim,” or (b) the party who recorded the lis pendens cannot establish the “probable validity” of the real property claim by a preponderance of the evidence. (CCP §§405.31, 405.32; SeeCastro v. Superior Court (2004) 116 Cal.App.4th 1010, 1017.) On June 1, 2017, this Court sustained Defendants' demurrer to Plaintiff's Complaint without leave to amend. Therefore, the Complaint does ...
2018.6.26 Motion for Summary Judgment, Adjudication 228
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.26
Excerpt: ...p.m. in Dept. SE-C. Plaintiff CITIZENS OF HUMANITY, LLC is ORDERED to file a and serve a Supplemental Opposition per CCP §1005(b) in accordance with the new hearing date. Defendant NEXT MANAGEMENT, INC. is ORDERED to file and serve a Supplemental Reply per CCP §1005(b) in accordance with the new hearing date. Opposing Party to give Notice. This action was filed by Plaintiff CITIZENS OF HUMANITY, LLC on April 11, 2017. The relevant facts of this...
2018.6.26 Motion to Set Aside Defaults, Judgments 279
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.26
Excerpt: ...matter is restored as an active civil case. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on Tuesday, July 10, 2018 at 8:30 a.m. in Department SE-F. Under CCP § 473(b), “[t]he court may…relieve a party or [his] legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The policy of hearing cases on thei...
2018.6.26 Motion for Terminating Sanctions 971
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.26
Excerpt: ...court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method o...
2018.6.21 Motion to Compel Arbitration 446
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: ...e controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that...
2018.6.21 Demurrer 794
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: ..., asserts the following causes of action: (1) Violation of Procedural Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to alleg...
2018.6.21 Demurrer 883
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: ...Adams's identity or liability at the time of filing the action. The credibility of Plaintiff's Doe Amendment is not appropriately weighed by the Court at this time. In a demurrer, the grounds for objection must appear on the face of the complaint. No matter how unlikely or improbable, a plaintiff's allegations must be accepted as true for purposes of ruling on a demurrer. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 6...
2018.6.21 Demurrer 921
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: ...e as follows: “Plaintiffs are natives of Mexico and do not speak English. They were married on January 2, 1969 and had give children [including Defendant Letizia Sandoval Campos].” (Complaint ¶12.) In 2009, one of Plaintiffs' sons, Antonio Sandoval, along with his wife and two children, were killed in a car accident. (Complaint ¶13.) Consequently, Plaintiffs received $1,800,000.00, by way of settlement, for the wrongful death of their famil...
2018.6.21 Demurrer, Motion to Strike 790
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: .... Cal. Ev. Code §452. This action stems from a familial dispute over real property located in India. Plaintiffs REMESHKUMAR BHARATI and JAGESHWARI BHARATI filed this action on December 15, 2017. Defendants demur to Plaintiffs' Complaint pursuant to CCP §§430.10(e) and 430.50(a). Defendants argue that this action is barred pursuant to the doctrine of res judicata where an Order of Dismissal was entered against Plaintiffs in 2007 in a similar, a...
2018.6.21 Motion for Protective Order 617
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: ...BAHIA, INC. purchased $185,563.60 worth of seafood on credit from Plaintiff. Plaintiff argues that Defendant VICTOR ARIZMENDI made an oral guarantee to personally pay for the sale. To date, Defendants have not paid Plaintiff in accordance to the Agreement terms. Plaintiff argues that on March 27, 2017 and March 29, 2017, Defendant ACUICOLA ALESSTINA gave Plaintiff two NSF checks in a failed attempt to pay. Defendants move for a protective order r...
2018.6.21 Motion to Vacate Dismissal 806
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.21
Excerpt: ...end in part, and with 20 days leave to amend in part. Plaintiffs failed to amend within the time permitted, but apparently represented to Defendant GEICO GENERAL INSURANCE COMPANY (“GEICO”) that Plaintiffs “would not pursue further causes of action or claims against GEICO if GEICO agreed not to pursue the recovery of costs based on plaintiffs' representation, and GEICO agreed to not pursue such costs.” (Notice 2:9-11.) Consequently, Plain...
2018.6.14 Motion to Vacate Default, Judgment 011
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...red on July 6, 2009, and an amended Judgment was entered on October 16, 2013— Defendant failed to file his motion within two years after entry of judgment. Second, Defendant's motion for order vacating default due to attorney inadvertence or mistake pursuant to CCP §473(b) is substantively defective. Under CCP §473(b), “[t]he Court may…relieve a party or [his] legal representative from a judgment, dismissal, order, or other proceeding tak...
2018.6.14 Motion to Strike 234
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.14
Excerpt: ...lleged employment agreement between Plaintiff/Cross-Defendant LEMIEUX (“LEMIEUX”) and Defendant/Cross-Complainant K&M MEAT CO., INC. (“K & M”) In October 2013, LEMIEUX filed the underlying action. Plaintiff alleged breach of contract in her operative Complaint, which was subsequently amended to add fraud, against her employer. The alleged contract consisted of a one-page contract dated July 17, 1992 which was attached to the pleadings. Th...
2018.6.7 Motion for Reconsideration 426
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.7
Excerpt: ...CP ordered this matter coordinated as part of JCCP case no. JCCP4656; and (2) after the previous motion was heard, newly adopted California Senate Bill 33 was signed into law by Governor Brown. A party may make a motion for reconsideration based on new or different facts or law. (CCP §1008(b).) In addition, the Court generally has the ability, on its own motion, to reconsider a prior order “at any time” if the Court “determines that there ...
2018.6.7 Motion to Compel Responses 546
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.7
Excerpt: ...ED. Moving Party to give Notice. Defendant's motions to compel (1) Plaintiff's responses to form interrogatories; (2) Plaintiff's responses to special interrogatories; and (3) Plaintiff's responses to requests for admissions are denied as procedurally defective. Plaintiff has undisputedly responded to the discovery at issue prior to this hearing (and prior to the filing date of the subject motions). Defendant's instant motions seek to obtain Plai...
2018.6.7 Demurrer 646
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.7
Excerpt: ... action arising from the threatened foreclosure of his residential real property. (Complaint ¶24.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Cal. Civ. Code §2923.55; (2) Violation of Cal. Civ. Code §2923.6; (3) Violation of Cal. Civ. Code §2923.7; (4) Violation of Cal. Civ. Code §2924(a); (5) Violation of Cal. Civ. Code §2924.9; (6) Violation of Cal. Civ. Code §2924.10; (7) Violation of Cal. Civ. Code �...
2018.6.7 Motion for Discovery Sanctions, Further Responses 301
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.7
Excerpt: ... a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctions against ‘anyone engaging in conduct that is a misuse of the discovery process.' (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390.) “A willful failure does not necessarily include a wrongful intention to disobey discovery rules. A conscious or intentional failure to act, as distinguished from accidental or involuntary noncom...
2018.6.7 Motion to Compel Further Responses 607
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.7
Excerpt: ...t two) is GRANTED. III. Plaintiff's motion to compel the deposition of Defendant WDW JOINT VENTURE's PMK is GRANTED. Moving Party to give notice. Motion to Compel Further Responses to Request for Identification and Production of Documents (set one) RPD Nos. 2-7. 9, 13, and 45: According to the parties' Joint Statement, “Defendant WDW Joint Venture provided unverified further supplemental responses…that are sufficient, but for the fact that th...
2018.6.5 Demurrer 974
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.5
Excerpt: ...Plaintiff TONEE J. NAVARRO on March 2, 2018. As alleged, the relevant facts are as follows: Plaintiff was hired by Defendant INJOY LIFE RESOURCES, INC. (“InJoy”) on or about November 3, 2014. (Complaint ¶11.) Plaintiff alleges that “Defendants subjected…Plaintiff to sexual harassment. [¶] During her employment with Defendants, Plaintiff was subjected to sexual harassment and hostile work environment.” (Complaint ¶¶39-40; See Complai...
2018.6.5 Motion to Compel Responses 945
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.6.5
Excerpt: ...Defendant STEVE BENSON's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 I. Plaintiff's unopposed motion to deem matters in requests for admissions propounded on Defendant STEVE BENSON admitted is DENIED in part. CCP §2033.280. Defendant STEVE BENSON is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $575.00 ($275/hr. x 1 hrs.) + ($300 costs) no later than...

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