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2018.3.22 Motion to Compel Deposition 640
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.22
Excerpt: ...n 2016.040.” (CCP §2025.450(b)(2).) The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further efforts to resolve the issues presented in the subject motions. If...
2018.3.22 Demurrer, Motion to Strike 122
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.22
Excerpt: ...017. On March 3, 2017, Plaintiff ALBERTO MURATALLA passed away, and the ESTATE OF ALBERTO MURATALLA was substituted in as Plaintiff for the place and stead of the Decedent. The Complaint alleges in pertinent part: “The subject of this action is certain real property… commonly known as 9027 Hegel Street, Bellflower, California 90706, County of Los Angeles, State of California….” (Complaint ¶¶5‐6.) “Plaintiff ALBERTO MURATALLA, and De...
2018.3.22 Demurrer 896
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.22
Excerpt: ...is or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer….2. When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, in writ...
2018.3.22 Demurrer 835
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.22
Excerpt: ...2018. Plaintiff's Complaint asserts the following causes of action: (1) Intentional Interference with Prospective Economic Relations; (2) Negligent Interference with Prospective Economic Relations; and (3) Inverse Condemnation in Violation of California Constitution Article I, §19. Defendant CITY OF DOWNEY (“Downey”) demurs to the entire Complaint pursuant to CCP §430.10(e) and (f). Defendant argues that the Complaint is fatally uncertain. ...
2018.3.22 Demurrer, Motion to Strike 218
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.22
Excerpt: ...n 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. The relevant facts are as follows: “Slattery and the Samarins fully executed [a] Settlement Agreement on March 25, 2015. The Samarins then sold the Neighboring Property to Ding on April 9, 2015. In the interim, the Samarins failed to deed the portion of land under the e...
2018.3.20 Motion to Consolidate 298
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.20
Excerpt: ...rty to give Notice. Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together. (Estate of Baker (1982) 131 Cal.App.3d 471...
2018.3.20 Motion to Compel Deposition 401
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.20
Excerpt: ...er 13, 2017, without objection, at a reasonable date and time to be determined by the parties— no later than 15 days from the date of this hearing. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a va...
2018.3.15 Demurrer, Motion to Strike 790
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.15
Excerpt: ...te over real property located in India. Plaintiffs REMESHKUMAR BHARATI and JAGESHWARI BHARATI filed this action on December 15, 2017. The relevant facts are as follows: “On or about March 2016, plaintiffs demanded that defendants specifically perform the act of executing a deed to ancestral property. In exchange plaintiffs gave to defendants money and stock certificates to an account with Fidelity Investments. Defendants took the money and the ...
2018.3.15 Demurrer 130
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.15
Excerpt: ...as follows: “Plaintiff was employed by the defendant as a nurse who administers…patient care. She worked at the facility for approximately 2 years as a full0time employee up until her termination.” (FAC ¶8) “Several times during the plaintiff's employment, defendant Ekenedilichukwu Nzenwaka had assaulted the plaintiff on several occasions including but not limited to verbal abuse, tormenting the plaintiff, interfering with her work sched...
2018.3.15 Motion for Leave to File Answer 330
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.15
Excerpt: ... the hearing date. Defendant isORDERED to file and serve its Amended Answer within 5 court days of the hearing date. Defendant's motion for leave to amend answer is granted. (CCP §§473(a)(a), 576.) Defendant brings this motion to amend its Answer to include the affirmative defense of Statute of Limitations. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality sho...
2018.3.15 Motion for Summary Judgment 628
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.15
Excerpt: ... 90240. (Complaint ¶¶ 1‐7.) Defendant TELE DOLPHIN EQUITY PARTNERS LLC owns the aforementioned premises. (Id. 8.) Plaintiffs allege that Peoples is the owner of an unrestrained dog that viciously attached Plaintiff (minor) Vanessa Renteria once in 2015, and then again in 2016. Plaintiffs purportedly reported Peoples' dog's attacks to the manager of the Premises who knew or had reason to know of the dog's vicious tendencies. Plaintiffs further...
2018.3.15 Motion to Expunge Lis Pendens 583
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.15
Excerpt: ...t Property located at 21107 Haston Place, Lakewood, California 91705. (FAC ¶6.) “At the time, because of the economic downturn, Plaintiff's real property was in the process of being foreclosed.” (FAC ¶7.) Plaintiff further alleges that his mother's fiancé, Defendant ROBINSON VELEZ, offered to help Plaintiff avoid foreclosure. (FAC ¶8.) “Under Defendant's proposal, Plaintiff was to short‐sell the property to Defendant for $320,000.00, ...
2018.3.15 Motion to Request Participation in Case 606
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.15
Excerpt: ...status of the trustee. Any objection shall set forth the factual basis on which the objection is based and shall be served on the trustee.” (Cal. Civ. Code §2924l(c).) “In the event that no objection is served within the 15-day objection period, the trustee shall not be required to participate any further in the action or proceeding, shall not be subject to any monetary awards as and for damages, attorneys' fees or costs, shall be required t...
2018.3.13 Motion to Compel Further Responses 875
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.13
Excerpt: ...ated a good faith effort to informally resolve the instant discovery dispute. The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further efforts to resolve the issu...
2018.3.13 Motion for Protective Order 786
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.13
Excerpt: ...o follow “rainy weather protocol” is MOOT pursuant to this Court's Order of December 11, 2017. II. Defendants'/Cross‐Complainants' SUPER CENTER CONCEPTS, INC.; ROSA GASPAR; MARIA MORENO; and EDUARDO SERRANO's motion for a protective order to preclude enforcement of the deposition of Rosa Gaspar is MOOT pursuant to this Court's Order of December 11, 2018. III. Defendants'/Cross‐Complainants' SUPER CENTER CONCEPTS, INC.; ROSA GASPAR; MARIA ...
2018.3.13 Demurrer, Motion for Leave to File Complaint 163
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.13
Excerpt: ...le a Third Amended Complaint. Plaintiff's proposed TAC seeks to amend the its current operative pleading by adding two additional causes of action for Negligence and Breach of Contract. Plaintiff argues that these proposed amendments contain facts ascertained through further discovery, “a review of prior pleadings,” and investigation. “A separate declaration must accompany [a motion for leave to file an amended complaint] and must specify: ...
2018.3.13 Demurrer 794
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.13
Excerpt: ...he threatened foreclosure of their residential real property. (Complaint ¶2.) Plaintiffs allege that they have submitted numerous loan modification application in order to prevent the foreclosure of their Property. Plaintiffs allege, “Defendants wrongfully delayed Plaintiffs' modification request due to their own ineffective and unreasonably slow processing system and the financial incentives they received by asking Plaintiffs to submit and re...
2018.3.1 Motion for Leave to File Complaint 373
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...mplaint within 5 court days of the hearing date. Moving Party to give Notice. No Opposition filed as of February 27, 2018. Plaintiffs seek leave to file a Fifth Amended Complaint in order to expand their cause of action for Breach of Mandatory Duty to include newly discovered evidence. California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.) It has also long been...
2018.3.1 Demurrer 572
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...intiff, PRC…. PRC agreed to provide emergency services at Defendant's commercial property. In return, Defendants agreed to pay a fee for services rendered…. ¶ [T]he total sum of $57,561.49 remains due and owing for the emergency since approximately February 14, 2017.” (Complaint ¶¶7‐8.) Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Open Book Account; (3) Common Counts; and (4) Quantum Meruit....
2018.3.1 Demurrer 701
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ... It is unclear to the Court how Defendant STREMIZ can join in the demurrer of Defendants SANDOVAL and INVESTORFORECLOSE where not all defendants are similarly situated in this action. It is not readily apparent how the arguments applicable to the broker defendants also apply to the “joining” defendant herein. Nor has the “joining” defendant assisted the Court in indicating how those arguments would be applicable. Accordingly, Defendant ST...
2018.3.1 Motion for Attorney's Fees 949
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: .... Plaintiff's request for judicial notice is GRANTED as to the existence of the documents, but not as to the hearsay statements contained therein. Cal. Ev. Code §452. When assessing the amount of any attorney's fee award, courts typically determine what is reasonable through the application of the “lodestar” method. Under the lodestar method, a base amount is calculated from a compilation of (1) time reasonably spent and (2) the reasonable h...
2018.3.1 Demurrer 698
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...ed by Plaintiff BASIC PLUS, INC. on November 7, 2017. As alleged, the relevant facts are as follows: “Plaintiff and KP and Does 1 through 10…conducted certain business transactions with each other wherein Plaintiff delivered certain textile products to said Defendants…. Defendants… took possession from Plaintiff… however…Defendants have failed (to date) to make full payment to Plaintiff for said goods….” (Complaint ¶11.) “Defen...
2018.3.1 Motion for Summary Adjudication 604
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...y Plaintiff MIKE ROCHE, INC. on December 30, 2016. As alleged, the relevant facts are as follows: “On or about June 6, 2016, Plaintiff and Defendants entered into a contract for mobile fleet bulk fuel and oil. In exchange for Plaintiff providing Defendants' trucks with bulk fuel and oil at specified rates, Defendants agreed to pay the amount due within 10 days from the date of the invoice. ¶ Plaintiff negotiated the terms of the contract with ...
2018.3.1 Motion to Compel Arbitration 540
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...��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 provides for arbitration. The provisions m...
2018.3.1 Motion to Compel Arbitration 683
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...arbitrate the 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 pa...
2018.3.1 Motion to Set Aside Default 087
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ...n of Cori B. Jones, is DEEMED SERVED AND FILED as of the hearing date, and is set for hearing on Tuesday, April 3, 2018 at 1:30 p.m. in Dept. SE‐C. Defendant's application to vacate default is granted in the interests of justice and judicial efficiency, and to prevent irreparable harm. Upon review of the Moving Papers, the Court finds that Defendant was not properly served with Notice of Summons and Complaint and did not receive actual notice o...
2018.3.1 Motion to Amend Answer 827
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.3.1
Excerpt: ... Amended Answer within 5 court days of the hearing date. Defendant NORTH AMERICAN STAINLESS, INC.'s motion for leave to amend answer is granted. (CCP §§473(a)(a), 576.) Defendant brings this motion to amend its Answer to include as an affirmative defense, the issue of the Employer's (Bralco Metals), negligence. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality...
2018.2.27 Motion for Terminating Sanctions 952
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.27
Excerpt: ...��(g) Disobeying a 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 ...
2018.2.27 Demurrer 558
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.27
Excerpt: ... §430.10(e). Moving Party(s) to give Notice. The Court notes that Defendant FIDELITY AND DEPOSIT COMPANY OF MARYLAND's demurrer to Plaintiff's FAC references a “concurrently filed” Motion to Strike. No such Motion to Strike has been filed, and there is no Motion to Strike on calendar for February 27, 2018. This breach of contract action was filed by Plaintiff ALFRED L. NEWBERRY on September 8, 2017. The relevant facts are as follows: “On O...
2018.2.27 Demurrer 751
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.27
Excerpt: ...41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on March 19, 20...
2018.2.27 Motion for Charging Order 279
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.27
Excerpt: ...pplication by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment de...
2018.2.22 Motion to Compel Arbitration 220
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.22
Excerpt: ...rbitrate the 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 par...
2018.2.22 Demurrer 466
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.22
Excerpt: ...iled by Plaintiffs JAMAL DAWOOD; WHITE EAGLE PROPERTIES; MEDLINE MANAGEMENT CORPORATION; and FIRESTONE FINANCE CORPORATION on August 7, 2017. A First Amended Complaint was filed on September 12, 2017. The FAC asserts the following causes of action: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Fraud; (4) Breach of Oral Contract; (5) Negligence Per Se; (6) Accounting; (7) Negligence; and (8) Breach of Implied Covenant. Defendants MICHAEL CHANG...
2018.2.22 Motion to Quash Deposition Subpoenas 490
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.22
Excerpt: ...LOURENCO, D.D.S.; A A LOURENCO DENTAL PROFESSIONAL CORPORATION; and GLORIA MONICA RODRIGUEZ's motion to quash third‐party persons most knowledgeable deposition subpoenas to Bank of America, N.A. is DENIED. Opposing Party to give notice. Defendant CHANTISTE BEAL, D.D.S. moves to quash Plaintiffs' subpoenas for production of business records related to her, which were served on the following entities: (1) The Custodian of Records at Bank of Ameri...
2018.2.22 Demurrer 101
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.22
Excerpt: ..., 2017, Plaintiff filed a third amended complaint, which asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; (3) Fraud; and (4) Conversion. Defendants RAAM CONSTRUCTION, INC. and RICHARD LARA (collectively “Raam”) demur to Plaintiff's first, second, and third causes of action pursuant to CCP §430.10(e). Specifically, Raam demurs on the basis that Plaintiff has failed to allege that Plaintiff held the proper con...
2018.2.21 Motion to Withdraw as Counsel 041
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.21
Excerpt: ...sition(s) filed as of February 20, 2018. The Court notes that a Notice of Stay of Proceedings was filed as to Defendant PEREZ BROTHERS TRANSPORT, LLC on February 8, 2018. The Court finds that Counsel has met the procedural requirements, including proper notice to the client at the last known residence or business address of the client. C.R.C. 3.1362. Here, Counsel's declaration(s) indicate that the “[c]lient-attorney relationship has deteriorat...
2018.2.20 Motion for Summary Judgment 498
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.20
Excerpt: ...ises from Defendants' purported premises liability. As alleged, “[o]n or about December 20, 2013 the plaintiff…. slipped and fall [sic] in oil on the loading ramp at [sic] located at 12440 E. Imperial Hwy, Norwalk California building.” (FAC ¶ 4.) Plaintiffs further allege that “[t]he defendants created a dangerous condition by allowing the oil to remain on the loading ramp.” (Id.) Defendant SONNEBLICK‐DEL RIO NORWALK, LLC is alleged ...
2018.2.20 Motion for Summary Judgment 787
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.20
Excerpt: ...MARINA MONTELLANO and PEDRO MONTELLANO's joinder to Defendants NHIN DAU HO and WAI YIN NG's motion for summary judgment or alternatively summary adjudication is MOOT. Moving Party(s) to give Notice. Defendants NHIN DAU HO and WAI YIN NG's request for judicial notice is GRANTED. Cal. Ev. Code §452. This action for breach of contract concerning real property was filed on September 6, 2016 by Plaintiff RAUL VELASQUEZ. The relevant facts are as foll...
2018.2.20 Motion to Compel Deposition 440
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.20
Excerpt: ... The parties shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days of the date of this hearing. The Court finds that 30 days is warranted where trial is not scheduled until June of 2018. The date may be extended by agreement of the parties. Service of a proper deposition notice obligates a party to attend and testify. If such party fails to appear, such appearance may be c...
2018.2.20 Motion to Compel Further Responses 044
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.20
Excerpt: ...018. (CCP §1005(b).) There is no POS attached to Defendant MONTECLARO's untimely Opposition. Defendant/Cross‐Complainant JAIME G. MONTECLARO is ORDERED to provide further verified written responses, without objection to Plaintiff/Cross‐ Defendant LEGAL SUPPORT, INC.'s requests for production of documents (set one), together with all responsive documents in his possession, custody, or control, no later than 30 days from the date of this heari...
2018.2.15 Motion to Strike 636
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.15
Excerpt: ...ngrid] received a settlement for medical negligence, attorney Fukushima hired Roxana Gunther to take care of Ingrid…. By all appearances Roxana has done everything except take care of the plaintiff's step‐daughter.” (Complaint ¶11.) “Ingrid's attorney at all relevant times to this action, is PAUL FUKUSHIMA.” (Id. ¶9.) “Plaintiff discovered by the police that Roxana made the outrageous claim that the Plaintiff had repeatedly raped In...
2018.2.15 Motion to Dismiss 308
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.15
Excerpt: ... within the time prescribed in this article: … (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute” (CCP §583.250(a)(2) and (b).) This action was filed on January 26, 2012...
2018.2.8 Demurrer, Motion to Strike 582
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.8
Excerpt: ...plaint is GRANTED without leave to amend. MOOT. Moving Party to give Notice. This premises liability action was filed by Plaintiffs JOSE ALCANTARA and JAMES CERDA on March 22, 2017. Plaintiffs allege, in pertinent part: “On September 20, 2015, while the Plaintiffs were invitees…at the Buffalo Wild Wings Premises and on the Premises, a verbal disturbance occurrence…. Defendants aggravated, enflamed and increased the tension and confrontation...
2018.2.6 Motion for Protective Order 948
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ...y stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall d...
2018.2.6 Motion to Set Aside Default Judgment 644
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ...d as an active civil case. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on March 6, 2018 at 8:30 a.m. in Department SE‐F Code of Civil Procedure section 473(d), provides “[t]he court ... may on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP § 473(d).) “A judgment void on its face ... is subject to collateral attack at any time.” (Rochin v. Pat Johnson Mfg. Co. (...
2018.2.6 Motion to Quash Service of Summons 845
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ...wrong business entity (2202 E. ANDERSON ST., LLC). The unopposed motion to quash is granted. Once a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. (Vons Companies, Inc. v. Seabest Food, Inc. (1996) 14 Cal.4th 434, 449.) Here, Zion Vanounou has submitted evidence indicating that 2202 E. ANDERSON ST., LLC is not a valid and e...
2018.2.6 Motion to Compel Deposition 242
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ...aring date. The date may be extended by agreement of the parties. Defendant's request for sanctions is DENIED. Moving Party to give notice. The Court finds that Defendant is clearly entitled to take Plaintiff's deposition. Any party may obtain discovery… by taking in California the oral deposition of any person, including any party to the action.” (CCP §2025.010.) (emphasis added.) In Opposition, Plaintiff's Counsel argues that Plaintiff's a...
2018.2.6 Demurrer 044
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ...1, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on February 26, 2018. (NO FAX FILING.) CCP § 430.41(a)...
2018.2.6 Motion for Leave to Augment or Amend Expert Witness List 688
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ... 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.” (emphasis added). (CCP § 2034.610(b).) Here, the Court finds that exceptional circumstances exist to warrant Plaintiff's untimely filing of the instant motion— specifically, Plaintiff's former counsel's unforeseeable withdrawal from this ...
2018.2.6 Motion for Reconsideration 786
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2018.2.6
Excerpt: ...do not constitute confidential proprietary information. Plaintiff argues that Defendant produced the “confidential” information in a separate and unrelated litigation, and that Defendant produced such documents without objection. The Court has reviewed its September 29, 2017 Order in light of the arguments raised in the subject briefs and has revised the Order as follows: A. Defendant/Cross‐Complainant's SUPER CENTER CONCEPTS, INC.'s motion...

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