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2021.08.27 Motions for Summary Adjudication, Summary Judgment 838
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.27
Excerpt: ...TION FOR SUMMARY ADJUDICATION Dept. 56 8:30 a.m. August 27, 2021 MOVING PARTY: Defendant-Cross-Complainant Beyond Meat, Inc. d/b/a Beyond Meat RESPONDING PARTY: Plaintiff-Cross-Defendant Don Lee Farms, a division of Goodman Food Products, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND On May 25, 2017, Plaintiff Don Lee Farms, a division of Goodman Food Products, Inc. filed this action against Defendants Beyond ...
2021.08.27 Motion for Leave to File SAC 331
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.27
Excerpt: ...BACKGROUND Plaintiff Sushi KJ Corporation initiated this action by filing its complaint on October 27, 2020. Plaintiff filed its operative First Amended Complaint (“FAC”) on May 13, 2021, asserting causes of action for (1) breach of written contract; (2) fraud; (3) negligent misrepresentation; (4) conspiracy to defraud; (5) professional negligence; (6) breach of written contract; (7) breach of fiduciary duty; and (8) negligent misrepresentati...
2021.08.26 Motion to Stay Action Pending Completion of Arbitration 812
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.26
Excerpt: ...RE: MOTION TO STAY ACTION PENDING COMPLETION OF ARBITRATION Date: August 26, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Dura Art Stone Construction Co., Inc. (“DASC”) RESPONDING PARTY: None. The Court has considered the moving papers. The parties have not filed an opposition or reply. BACKGROUND On February 27, 2018, DASC entered into a written contract with Defendant Winegardner Masonry, Inc. (“Winegardner”), the purpose of wh...
2021.08.26 Motion to Compel Further Responses, for Monetary Sanctions 391
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.26
Excerpt: ... and Jesus Camarena RESPONDING PARTY: Defendant FCA US, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an allegedly defective electrical system, i.e., the PowerNet defect, in a 2017 Dodge Ram 1500 VIN 1C6RR7LM4HS875898 (the “Subject Vehicle”) that was purchased by Plaintiffs on or about February 19, 2018. Plaintiffs filed the operative Complaint against Defendants FCA US, LLC (“FCA�...
2021.08.26 Demurrer 480
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.26
Excerpt: ...DING PARTY: Plaintiff Michelle Vasquez The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from allegations of unlawful employment practices by a state government agency against Plaintiff, its employee, as to discrimination based on said employee's physical disability or medical condition and her national origin, in violation of the State of California's Fair Employment and Housing Act (“FEHA”). On...
2021.08.25 Motion to Compel Arbitration 103
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.25
Excerpt: ...filed an opposition or reply. BACKGROUND On January 30, 2020, Constantino Miranda (“Petitioner”) was involved in a vehicle accident with an uninsured motorist. Petitioner maintains he suffered bodily injury as a result of the accident. On June 30, 2021, Petitioner filed a Petition to Compel Arbitration against his insurer, Progressive Insurance Company (“Respondent”). Petitioner alleges that, sometime before the subject vehicle accident, ...
2021.08.23 Motion to Extend Order to Appear for Examination 070
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.23
Excerpt: ...considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Maria E. Duarte Juarez initiated this action by filing her Request that Clerk Enter Judgment and Judgment on Final Order, Decision, or Award of Labor Commissioner on June 25, 2020. The underlying award was entered in favor of Plaintiff against David S. Ward. On September 17, 2020, the Court signed an Order to Appear for Examination (“ORAP”) under Code of Civil Procedure...
2021.08.20 Motions to Strike 819
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.20
Excerpt: ... Power and (2) defendant Kevin Rodriguez RESPONDING PARTY: Plaintiff Anthony Johnson The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Anthony Johnson filed his complaint against City of Los Angeles and its Department of Water and Power (“City”) and Kevin Rodriguez (“Rodriguez”) (collectively, “Defendants”) asserting 5 causes of action: 1. Unlawful harassment and abusive working conditions; 2. Rac...
2021.08.20 Motion to Set Aside Default Judgment 234
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.20
Excerpt: ...as considered the moving, opposition, and reply papers. BACKGROUND Kyle Henderson (“Plaintiff”) filed his original complaint in this action against Distilled CA, LLA, d/b/a Sourced Craft Cocktail (“Defendant”) on April 16, 2019. Default was entered against Defendant on July 3, 2019. On February 5, 2020, the Court denied without prejudice Plaintiff's default judgment package on the ground that Plaintiff did not seek any relief against Defe...
2021.08.20 Motion for Summary Judgment, Adjudication 366
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.20
Excerpt: ...nt Wood Partners and WP West Builders California, LP The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Jose Guevara filed his complaint asserting one cause of action for negligence against The Architects Collective, Inc., and Wood Partners on August 21, 2018. This action arises from Plaintiff's fall off a steel beam while working in construction. The Architects Collective, Inc. was dismissed without prejudice...
2021.08.20 Motion for Leave to Amend Answer 667
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.20
Excerpt: ..., opposition, and reply papers. BACKGROUND On April 2, 2018, Plaintiff Rooke Corp filed a Complaint. The Operative pleading is the First Amended Complaint (“FAC”) which alleges causes of action for (1) breach of written contract, (2) breach of implied of covenant of good faith and fair dealing, (3) open book account, (4) goods sold and delivered at agreed price, (5) fraud and deceit, (6) negligent misrepresentation, (7) negligence, (8) unjust...
2021.08.19 Demurrer 243
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.19
Excerpt: ...”) (collectively, “Defendants”) RESPONDING PARTY: Plaintiff Judith Godessoff (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's Second Amended Complaint (the “SAC”), filed June 11, 2021, alleges causes of action for: (1) elder abuse under Welfare and Institutions Code section 15610 et seq.; (2) intentional infliction of emotional distress; (3) breach of written contract; and (4) c...
2021.08.19 Demurrer 771
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.19
Excerpt: ...y papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) nonpayment of overtime compensation; (2) failure to provide meal and rest breaks; (3) discrimination in violation of FEHA; (4) failure to reasonably accommodate; (5) failure to engage in an interactive process; (6) harassment in violation of FEHA; (7) retaliation in violation of FEHA; (8) failure to prevent harassme...
2021.08.18 Motion for Protective Order, to Compel Deposition, for Protective Order, to Compel Compliance 863
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.18
Excerpt: ....m. Dept. 56 MOVING PARTY: (1) and (3) Lyft, Inc.; (2) and (4) Rafaello Santi and Serena Cenni- Santi RESPONDING PARTY: (1) and (3) Rafaello Santi and Serna Cenni-Santi; (2) and (4) Lyft, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Rafaello Santi and Serena Cenni-Santi (“Plaintiffs”) filed this suit against Lyft, Inc., Marat Grigorian, and Orlando Hernandez on March 14, 2019. Plaintiffs filed the operati...
2021.08.18 Motion for Leave to File TAC, Demurrer 321
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.18
Excerpt: ...(1) James Jannard and Red Hydrogen, LLC; (2) Dott Nguyen a/k/a Joseph Destatte and Graham Bradstreet RESPONDING PARTY: (1) Dott Nguyen a/k/a Joseph Destatte and Graham Bradstreet (2) James Jannard and Red Hydrogen, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND James Jannard (“Jannard”) filed suit against Dott Nguyen a/k/a Joseph Destatte (“Nguyen”) on July 6, 2020. Jannard filed the First Amended Compla...
2021.08.18 Demurrer 971
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.18
Excerpt: ...ed the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) violation of subdivision (d) of Civ. Code § 1793.2; (2) violation of subdivision (b) of Civ. Code § 1793.2; (3) violation of subdivision (a)(3) of Civ. Code § 1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud by omission; and (7) negligent repair. Defenda...
2021.08.17 Motion to Tax Costs 963
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.17
Excerpt: ... moving papers. There is no opposition or reply papers. BACKGROUND This is a breach of contract and personal guaranty action. On May 18, 2020, Plaintiff commenced this action against Defendants Dynamic Clinical Laboratories, Inc. (“Dynamic”), Defendant Shawn Ebrahimian aka Shawn Ebra (“Ebrahimian”) (collectively “Defendants”), and Does 1 through 100. The initial complaint contains three causes of action: (1) breach of written contract...
2021.08.16 Motions for Sanctions 633
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.16
Excerpt: ...sidered the moving, opposition, and reply papers. BACKGROUND This matter arises from a motor vehicle collision that occurred on March 2, 2019 (the “Incident”). The Incident involved Plaintiff and Defendant Sergio Lopez, while he was working for Idaho Milk Transport, Inc. (collectively “Defendants”). Plaintiff moves the Court for terminating, issue, evidentiary, and/or monetary sanctions. DISCUSSION Motion for Terminating, Issue, Evidentia...
2021.08.16 Motion for Attorney Fees 030
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.16
Excerpt: ...y papers. BACKGROUND This is a defamation action. Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) defamation—libel per se; (2) defamation—slander; and (3) false light. On February 16, 2021, Moving Defendant filed and served a special motion to strike the FAC under Code of Civil Procedure section 425.1 (the “Motion”). On April 16, 2021, the Court granted Moving Defendant's Moti...
2021.08.12 Motion to Quash Deposition Subpoena 959
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.12
Excerpt: ...(collectively, “Defendants”) RESPONDING PARTY: Plaintiff Gabriel Garcia The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff initiated this suit was initiated on October 26, 2020. Plaintiff filed the operative First Amended Complaint (the “FAC”) on February 9, 2021, against LMD Integrated Logistics Services, Louis DiBlosi Jr., and LMD Global Logistics, LLC. The FAC alleges 12 causes of action alleging va...
2021.08.11 Motion to Compel Deposition Answers 611
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.11
Excerpt: ...lomon, Matthew Solomon, and Marian Solomon (collectively “Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a landlord-tenant action arising out of a fire at and allegedly wrongful eviction from a property located at 336 North Ogden Drive, Los Angeles, CA 90036 (the “Subject Property”). Plaintiffs Fay, James Vitale, Tammy Solz, Jeffrey K. Schmidt, Jamie Rosenthal- Boyer, and Theodore Boyer ...
2021.08.11 Motion for Summary Judgment, Adjudication 475
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.11
Excerpt: ...y Horse Center and Adrienne L. Manhan (“Defendants”) RESPONDING PARTY: Plaintiff Sharon Brumnett The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's Complaint arises from an allegedly discriminatory employment termination. Plaintiff filed the FAC against Defendants alleging causes of action for: (1) discrimination based on age, medical condition, and disability in violation of FEHA; (2) failure to accommo...
2021.08.11 Demurrer 362
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.11
Excerpt: ...fornia State University RESPONDING PARTY: Plaintiff, Patrick Krug The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of Patrick Krug's (“Plaintiff”) employment with California State University, Los Angeles (“University”). Plaintiff was a tenured Professor of Biological Sciences at the University and thereafter accepted an advisory administrative position as the University's Faculty Athleti...
2021.08.10 Demurrer, Motion to Strike 726
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.10
Excerpt: ...��Woodland Hills RESPONDING PARTY: Plaintiff Jeremy Vitug The Court has considered the moving, opposition and reply papers. BACKGROUND This is a dependent abuse and negligence action, in which Plaintiff alleges that he is a dependent adult and received insufficient medical care for his life-threatening cardiac conditions because Defendant was understaffed and underfunded On February 19, 2021, Plaintiff, who is self-represented, filed his initial ...
2021.08.10 Motion for Attorney Fees 963
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.10
Excerpt: ...ted Legal Group (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a breach of contract and personal guaranty action. On May 18, 2020, Plaintiff commenced this action against Defendants Dynamic Clinical Laboratories, Inc. (“Dynamic”), Ebrahimian (collectively “Defendants”), and Does 1 through 100. The initial complaint contains three causes of action: (1) breach of written contract; (2)...
2021.08.10 Motion to Compel Arbitration 324
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.10
Excerpt: ...(“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an employment action. On October 14, 2020, Plaintiff filed a complaint alleging the following causes of action: (1) violation of Labor Code section 6310; (2) violation of Labor Code section 1102.5; and (3) wrongful termination in violation of public policy. Plaintiff generally alleges that he reported that a colleague assaulted him and Defendan...
2021.08.09 Motion to Strike 882
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.09
Excerpt: ...-James and Phillip James The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Felicia Smith-James and Phillip James initiated this action against The Geffen, 7014 Willoughby (LA) LLC (“Willoughby Entities”) and CIM Management, Inc. (“CIM”) on October 15, 2019. Plaintiffs filed their First Amended Complaint on March 5, 2020, and the operative Second Amended Complaint (“SAC”) on April 7, 2020. The act...
2021.08.06 Demurrers, Motions to Strike 858
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.06
Excerpt: ...randen Hendricks. RESPONDING PARTY: Plaintiff Tamu Blackwell The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Tamu Blackwell filed suit against defendants on November 2, 2020. Various defendants demurred and filed motions to strike to Plaintiff's original complaint. The Court sustained the demurrers in their entirety with 20 days leave to amend on April 28, 2021. Plaintiff filed the operative First Amended C...
2021.08.05 Motion for Monetary Sanctions, to Compel Compliance with Discovery Order 475
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.05
Excerpt: ...G PARTY: Plaintiff Sharon Brumnett RESPONDING PARTY: Defendant R.F. Wicall Trucking, Inc., d/b/a West Valley Horse Center The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff Sharon Brumnett filed suit against R.F. Wicall Trucking, Inc., d/b/a West Valley Horse Center and Adrienne L. Manhan on December 16, 2019. This action arises from the alleged unlawful termination of Plaintiff's employment with the defendants...
2021.08.03 Motion to Compel Compliance with Subpoena for Production of Business Records 823
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.03
Excerpt: ... Non-Party Google, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND On August 13, 2020, Plaintiff Sea Level, LLC (“Sea Level”) commenced this action against Defendant Datametica Solutions, Inc. (“DSI”) for (1) breach of written contract, (2) breach of implied covenant of good faith and fair dealing, (3) common counts, (4) account stated, and (5) violation of Civil Code § 1738.10, et. seq. On April 14, 202...
2021.08.03 Motion for Costs, Attorney Fees 667
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.03
Excerpt: ...arry Holmes (collectively “Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a defamation action. On October 29, 2020, Plaintiff, who is self-represented in this action, filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4) intentional infliction of emotional distress; and (5) negligent infliction of emoti...
2021.08.02 Motion to Vacate Arbitration Award, Petition to Confirm Arbitration Award 065
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.02
Excerpt: ...LLC and Kirill Kiryanov (“Kiryanov”); (2) FAA Beverly Hills, Inc., d/b/a Beverly Hills BMW and BMW of North America, LLC RESPONDING PARTIES: (1) FAA Beverly Hills, Inc., d/b/a Beverly Hills BMW and BMW of North America, LLC; (2) Golden Fish LLC and Kiryanov The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Golden Fish LLC and Kiryanov initiated this action against Defendants FAA Beverly Hills, Inc., d/b/...
2021.08.02 Motion to Compel Production of Docs and Provide Testimony Re Peace Officer Personnel Records 236
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.02
Excerpt: ...m. Dept. 56 MOVING PARTY: Plaintiff Scarlett Benchley RESPONDING PARTY: Non-Party Los Angeles Police Department (“LAPD”) The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND On October 9, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”), alleging the following causes of action: (1) battery; (2) assault; (3) false imprisonment; (4) negligence; (5) negligent hiring, supervisio...
2021.08.02 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.08.02
Excerpt: ...ION TO COMPEL ARBITRATION Date: August 2, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendants Sam Agha, Mohammad Reza Aghamohammadi, and Brandon Agha RESPONDING PARTY: Plaintiffs Mohammad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers. BACKGROUND The present action arises out of alleged wrongful actions in connection with the purchase of a car dealership. On August 21, 2018, Mohammad Saeid Aji...
2021.07.30 Motion for Summary Judgment, Adjudication 915
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.30
Excerpt: ...ED COMPLAINT Date: July 30, 2021 Time: 8:30 a.m. Dept. 56 Jury Trial: March 14, 2022 MOVING PARTY: Plaintiffs/Cross-Defendants K-Swiss International, Ltd. and K-Swiss, Inc. RESPONDING PARTY: Defendant/Cross-Complainant Carter Internacional, S.A. The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 4, 2018, K-Swiss International, Ltd. and K-Swiss, Inc. (“Plaintiffs/Cross- Defendants”) initiated the instant acti...
2021.07.30 Motion for Protective Order, to Disqualify Counsel and Order Destruction of Priviliged Material 867
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.30
Excerpt: ... Plaintiffs Alexa Passer, Misti Taylor, Dylan Fussman, and Drennon Davis, and Defendants Himalaya Media, Inc. and HiStudios, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This matter arises from the employment of Plaintiffs Alexa Passer, Misti Taylor, Dylan Fussman, and Drennon Davis (collectively “Plaintiffs”) with Defendants Himalaya Media, Inc. (“Himalaya”) and HiStudios, Inc. (“HiStudios”). On ...
2021.07.29 Demurrers, Motions to Strike 545
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.29
Excerpt: ...45 [TENTATIVE] ORDER RE: DEMURRERS AND MOTIONS TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Date: July 29, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: (1) Marcel Adrian Soler Filart (“Filart”) and (2) Serrano Post Acute LLC d/b/a Hollywood Premier Healthcare Center, a/k/a Serrano Healthcare, a/k/a Serrano North Convalescent Hospital (“HPHC”) and Benjamin Landa (“Landa”) (collectively, “Serrano Defendants”) RESPONDING PARTY: Pla...
2021.07.29 Motion to Strike or Transfer to Small Claims Court 975
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.29
Excerpt: ...ered the moving, opposition, and reply papers. BACKGROUND This is a breach of contract action arising out of a breach of commercial lease for property located at 600 South Spring Street, Unit 101 Los Angeles, California, 90014 (the “Property”). On April 13, 2021, Plaintiff filed its complaint against Bunao, Jacki Bunao (collectively “Defendants”), and Does 1 to 50 for a sole breach of contract cause of action. Plaintiff alleges that it, a...
2021.07.29 Petition to Confirm Arbitration 363
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.29
Excerpt: ...in & Margolin (“Petitioner”) initiated this action on August 6, 2019, filing its Petition to Compel Binding Arbitration against Heidi Gabor (“Respondent”). The underlying action involves a dispute over fee agreements that Petitioner claimed Respondent failed to pay. The Hon. Thomas Trent Lewis (the “Arbitrator”) was appointed as Arbitrator. The Arbitrator issued the Final Arbitration Award (“Award”) on February 17, 2021, and a sec...
2021.07.28 Demurrer, Motion to Strike 174
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.28
Excerpt: ...fayel Khachatryan, Hasmik Harutunyan, Mary Vardanyan, Yermonya Khachatryan (collectively, “Plaintiffs”) The Court has considered the moving and opposition papers. BACKGROUND This is a landlord-tenant negligence and habitability action involving a multi-unit residence located at 1452 East Woodbury Road, Pasadena, California. Plaintiffs initiated this action on November 18, 2020 against Defendant alleging the following causes of action: (1) neg...
2021.07.27 Motion to Vacate Default Judgment 647
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.27
Excerpt: ...The Court has considered the moving and opposition papers. BACKGROUND Plaintiff Isuzu Finance of America, Inc., initiated this action against defendants Royalty Moving, Inc. d/b/a Champs Movers d/b/a Multipurpose Moving, Cesar Soto, Steve Guerrero, and Michael Shouhed on December 17, 2019. The operative complaint asserts one cause of action for breach of contract. Default was entered against all defendants on May 29, 2020. The Court entered judgm...
2021.07.27 Motion for Summary Adjudication 369
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.27
Excerpt: ...t, LLC (“Trinity Risk”), Knight Management Group, Inc. (“KMG”), and Labornow, Inc. (“Labornow”) (collectively the “Trinity Parties”) RESPONDING PARTY: Plaintiffs/Cross-Defendants Simplified Labor Staffing Solutions, Inc. (“Simplified Labor”) and Simplified Staffing Labor Solutions, LLC (“Simplified Staffing”) (collectively “Simplified”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Relev...
2021.07.27 Demurrer, Motion to Strike 463
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.27
Excerpt: ...NG PARTY: Unopposed The Court has considered the moving papers. BACKGROUND On November 8, 2017, Petitioner Michael Deuschel (“Petitioner”) filed a petition for writ of mandate and complaint for declaratory relief and injunction relief and damages. On October 15, 2018, Petitioner filed his First Amended Petition and Complaint (“FAP”) against “The [University of California, referred to in the pleadings as “UC”] Regents Medical Centers...
2021.07.26 Demurrer, Motion to Strike 001
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.26
Excerpt: ...as considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Turmel Woods initiated this employment action against the City of Compton (“City”) on September 26, 2019. The Complaint in this matter has been the subject of three amendments, a motion for judgment on the pleadings, and a demurrer. The operative Third Amended Complaint (“TAC”), filed June 8, 2021, sets forth claims for (1) whistleblower retaliation (Lab. Code §...
2021.07.22 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.22
Excerpt: ...ON TO COMPEL ARBITRATION Date: July 22, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendants Sam Agha, Mohammad Reza Aghamohammadi, and Brandon Agha RESPONDING PARTY: Plaintiffs Mohammad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers. BACKGROUND The present action arises out of alleged wrongful actions in connection with the purchase of a car dealership. On August 21, 2018, Mohammad Saeid Ajili...
2021.07.22 Motion for Attorney Fees 667
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.22
Excerpt: ...iff Albert Robles (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On October 29, 2020, Plaintiff, who is self-represented in this action, filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. The complaint arises f...
2021.07.22 Demurrer, Motion to Strike 481
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.22
Excerpt: ...considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Joyce Faye Atlas initiated this action on April 16, 2021, arising from the allegedly fraudulent taking of Plaintiff's home. Plaintiff filed the complaint against defendants Mike H. Davidyan and Carlos Mauricio Lemus, asserting causes of action for: (1) fraud; (2) undue influence; (3) financial abuse; (4) cancellation of instruments; (5) return of property to elder or depend...
2021.07.20 Motion for Determination of Good Faith Settlement 139
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.20
Excerpt: ...he Watkins Group, LLC; and Watkins Group and Associates Insurance Marketing LLC (collectively “Watkins Defendants”) RESPONDING PARTY: Plaintiffs Ann E. Amis, as successor trustee of The HGS 1996 Revocable Trust and CGC Investment Group, Inc. (collectively “Plaintiffs”) The Court has considered the moving papers and notice of non-opposition. BACKGROUND On November 14, 2019, Plaintiffs commenced this action against the Watkins Defendants, K...
2021.07.19 Motion for Attorney Fees 320
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.19
Excerpt: ...position, and reply papers. BACKGROUND This is a defamation action. Plaintiff filed a complaint alleging causes of action for: (1) libel per se; and (2) false light. The complaint alleges that: (1) Plaintiff owns Touch of Magic Magical Cleaning, LLC; and (2) in or about February 10, 2020, Defendant published a video, of and concerning Plaintiff, that Plaintiff threatened employees and that Plaintiff owes several employees up to $6,000.00 in past ...
2021.07.16 Motion for Summary Judgment, Adjudication 667
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.16
Excerpt: ...lare Group Inc. a/k/a Flare Group Corporation (“Flare Group”); Flare Holdings LLC a/k/a Flare Holdings, LLC (“Flare Holdings”); Eng Tan a/k/a Shaun Tan (“Shaun Tan”) and Peng Tan (sometimes collectively, the “Tan Defendants”) RESPONDING PARTY: Plaintiff Rooke Corp. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Rooke Corp. filed this action against Defendants Flare Group, Flare Holdings, an...
2021.07.16 Motion to Quash Subpoenas 957
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.16
Excerpt: ...d PLS Financial Services, Inc. (“PLS Financial”) RESPONDING PARTY: Plaintiff Blanca Diaz The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 28, 2018, Plaintiff Blanca Diaz filed a Complaint alleging nineteen causes of action arising from Plaintiff's employment with Defendant PLS Financial. On April 29, 2021, the Court issued a minute order following an IDC that ordered the parties to meet and confer as to th...
2021.07.15 Motion for Leave to File Complaint 070
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.15
Excerpt: ...ne Set MOVING PARTY: Plaintiff/Defendant in Intervention Maria E. Duarte Juarez (“Juarez”) RESPONDING PARTY: Plaintiff-Intervenor Academy of Motion Picture Arts and Sciences (“Academy”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 25, 2020, a money judgment was entered against Defendant David Ward (“Ward”) by Juarez in the total amount of $82,269.94. On September 18, 2020, Ward was served with ...
2021.07.15 Demurrers 346
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.15
Excerpt: ...��)[1] (collectively, “Ullman Defendants”) RESPONDING PARTY: Plaintiffs SGISMFEDERAL, LLC and Shanfeld Group, Inc. (collectively, “Plaintiffs”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiffs filed a Complaint alleging the following causes of...
2021.07.13 Motion to Quash Service of Summons 600
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.13
Excerpt: ...ing and opposition papers. No reply was filed. BACKGROUND On April 8, 2021, Plaintiffs Scott Jacoby and Michael Hertz (collectively “Plaintiffs”) filed a Verified Complaint alleging causes of action for forcible entry and forcible detainer against Defendants Erica Fenwick and Craig Russell (“Defendants”). The Complaint alleges in pertinent part at follows. Plaintiffs and US Bank are the owners of the real property located at 6917 Pacific ...
2021.07.13 Motion to Compel IME 634
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.13
Excerpt: ...llize Schwartz De Talavera The Court has considered the moving, opposition, and reply papers. BACKGROUND On May 15, 2020, Plaintiff Annellize Schwartz De Talavera (“Plaintiff”) filed a Complaint alleging eight causes of action against Defendant Community Thrift Store, Inc. (“Defendant”) relating to her employment with Defendant. Defendant moves the Court to compel Plaintiff's Independent Mental Examination (“IME”). DISCUSSION Standard...
2021.07.13 Motion for Summary Adjudication 369
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.13
Excerpt: ...t, LLC (“Trinity Risk”), Knight Management Group, Inc. and Labornow, Inc. (collectively the “Trinity Parties”) RESPONDING PARTY: Plaintiffs/Cross-Defendants Simplified Labor Staffing Solutions, Inc.) and Simplified Staffing Labor Solutions, LLC (collectively “Simplified”). The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a breach of contract action involving many parties, multiple pleadings, and mu...
2021.07.13 Motion for Stay of Proceedings 545
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.13
Excerpt: ...ndants”) RESPONDING PARTY: Plaintiffs Emma Martin, Elizabeth Gagliano, and Kathryn Sessinghaus, individually and as heirs of Vincent Paul Martin, deceased (collectively, “Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint alleges the following causes of action: (1) violations of the Elder and Dependent Adult Civil Protection Act; (2) negligence; (3) wrongf...
2021.07.09 Demurrer, Motion to Strike 734
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.09
Excerpt: ...ez The Court has considered the moving, opposition, and reply papers. BACKGROUND On February 5, 2021, Plaintiff Shelley Iniguez ("Plaintiff") filed this action's complaint again defendants Ohio Security Insurance Company ("Ohio Security") and 3 Generations Insurance Agency, Inc., formerly known as Bowermaster & Associates Insurance Agency, Inc., (“3 Generations"). This action is based upon Plaintiff's contention that she was entitled to Underin...
2021.07.08 Motion for Judgment on the Pleadings 773
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.08
Excerpt: ...oving, opposition, and reply papers. BACKGROUND Plaintiff filed a Complaint against Defendant alleging the following causes of action: (1) conversion, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief (“EBG Action”). The EBG Action is related to the case styled as Daniel Salin v. Exposition Bar Group, LLC, et al., Case No. 20STCV35819 (“Salin Action”). The parties have agreed to consolidate the EBG Action and Salin ...
2021.07.08 Demurrer, Motion to Strike 099
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.08
Excerpt: ...sition, and reply papers. BACKGROUND On November 3, 2020, Plaintiff Withy, Inc. (“Plaintiff”) filed a Complaint. The operative pleading is the Second Amended Complaint (“SAC”) which was filed on April 15, 2021. The SAC alleges causes of action for (1) breach of written contract, (2) breach of oral contract, (3) account stated, (4) open books account, (5) goods rendered, (6) conversion, (7) false promise, (8) negligent misrepresentation ag...
2021.07.07 Motion to Compel Arbitration 511
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.07
Excerpt: ...�Defendants”) RESPONDING PARTY: Plaintiff Edgar A. Cancinos (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an employment action. Plaintiff filed a complaint alleging the following causes of action: (1) disability discrimination in violation of FEHA; (2) failure to provide reasonable accommodation in violation of FEHA; (3) failure to engage in good faith interactive process in violation of...
2021.07.07 Demurrer, Motion to Strike 752
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.07.07
Excerpt: ...thern California RESPONDING PARTY: Plaintiff Edgar Dionicio Calderon, by and through his Successor in Interest, Edgar Roberto Calderon The Court has considered the moving and opposing papers. No replies were filed. BACKGROUND This is an action arising from the death of Edgar Dionicio Calderon during a hospital stay. On April 19, 2021, Plaintiff commenced this action against Defendant for elder abuse. On May 24, 2021, Plaintiff amended the Complai...
2021.06.30 Motion to Tax Costs 298
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.30
Excerpt: ...tion, and reply papers. BACKGROUND On March 22, 2021, judgment was entered in this action in favor of Plaintiff and against Defendant. On April 12, 2021, Plaintiff filed and served a memorandum of costs seeking $1,615,530.58 in costs. On May 3, 2021, Defendant filed and served a motion (the “Motion”) to tax costs and the Motion challenges various items of costs stated in Plaintiff's memorandum of costs as follows: (1) surety bond premiums; (2...
2021.06.24 Motion for Stay of Proceedings, for Trial Preference 505
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.24
Excerpt: ...y Inc. (erroneously sued as Nijar Realty Inc., also known as PAMA Management Co.) RESPONDING PARTIES: Plaintiffs Stephanie Nelson (“Nelson”), individually and as guardian ad litem for Blake Nelson, a minor; and Nicholas Howell (“Howell”), individually and as guardian ad litem for Nicholas Howell Jr., a minor The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 15, 2020, Plaintiffs filed a complaint arisin...
2021.06.24 Demurrer 332
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.24
Excerpt: ...r America (“HMA”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging the following causes of action: (1) breach of contract; (2) common counts; (3) fraud; (4) declaratory relief; and (5) involuntary dissolution of limited liability company. On April 23, 2021, after hearing oral argument, the Court granted HMA's motion for leave to intervene ...
2021.06.23 Motion to Stay Case 545
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.23
Excerpt: ...a Martin; Elizabeth Gagliano; and Kathryn Sessinghaus, individually and as heirs of Vincent Paul Martin, deceased The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint alleging the following causes of action: (1) violations of the Elder and Dependent Adult Civil Protection Act; (2) negligence; (3) wrongful death; (4) fraudulent concealment; and (5) fraudulent misrepresentation. On July 1, 2020,...
2021.06.23 Motion to Quash Subpoena 867
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.23
Excerpt: ... Davis The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions taken against Plaintiffs during Plaintiffs' employment with Defendants. Moving Defendant filed a motion (the “Motion”) for an order quashing the subpoena (the “Subpoena”) issued by Plaintiffs seeking privileged attorney-client records. The Motion is brought on the grounds that the requested discov...
2021.06.22 Motion for Judgment on the Pleadings, to Strike 312
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.22
Excerpt: ...ndant 1 and erroneously sued as Employbridge Holding Company (“EHC”)); Employbridge, LLC (“ELC”); Remedy Intelligent Staffing, LLC (“Remedy”); Westaff Workforce Solutions, LLC (“WWS”); Westaff (USA), Inc (“WUI”).; and Westaff, Inc (“WSI”). RESPONDING PARTY: Plaintiff Walfred L. Espeseth The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a representative action alleging a sole caus...
2021.06.22 Demurrers 118
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.22
Excerpt: ...even Lipscomb, an individual and successor-in-interest to The Estate of Nikista Walker Lipscomb The Court has considered the moving, opposition, and reply papers. While filed late, the Court exercises its discretion and will consider Plaintiff's opposition to the demurrer filed by Pullarkat. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) wrongful death; (2) professional negligence; (3) negligence; and (4) loss of con...
2021.06.18 Petition for Leave to File Action 368
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.18
Excerpt: ...moving, opposition, and reply papers. BACKGROUND Petitioner filed a petition (the “Petition”) for an order granting Petitioner relief from the claim filing requirements of Gov. Code § 945.4 so that Petitioner can file an action in this Court against Respondent. The Petition is made on the grounds that Petitioner's failure to file a timely claim was due to her mental and physical incapacitation as well as her reasonable fear of the COVID-19 p...
2021.06.18 Demurrer, Motion to Consolidate 956
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.18
Excerpt: ...ual capacity, but solely as trustee for MFRA Trust 2016-1 (the “Fay Defendants”) RESPONDING PARTY: Plaintiff Aberrahmane Ferhat The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) breach of fiduciary duty and conspiracy to breach fiduciary duty; (2) intentional infliction of emotional distress; (3) construct...
2021.06.15 Motion to Set Aside Entry of Default, to Quash Service of Summons and Complaint 115
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.15
Excerpt: ... PARTY: Plaintiff Pamela Rosenthal The Court has considered the moving, opposition, and reply papers. BACKGROUND On March 12, 2020, Plaintiff filed a complaint alleging a sole cause of action for breach of contract. On August 13, 2020, a proof of service was filed stating that Clemens was served with the summons and complaint at 811 Soulagiana Court, Los Angeles, CA 90059 (the “Service Address”) by substituted service. On August 13, 2020, a p...
2021.06.14 Motion to Compel Videotaped Deposition, Responses, for Sanctions 839
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.14
Excerpt: ...56 FSC: July 20, 2021 Non-Jury Trial: August 3, 2021 MOVING PARTY: Defendant Claremont Graduate University (“Moving Defendant”) RESPONDING PARTY: Plaintiff Seo Bin Hong The Court has considered the moving and opposition papers[1]. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed a complaint alleging ...
2021.06.14 Demurrer, Motion to Strike 052
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.14
Excerpt: ...d reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) violation of subdivision (d) of Civ. Code § 1793.2; (2) violation of subdivision (b) of Civ. Code § 1793.2; (3) violation of subdivision (a)(3) of Civ. Code § 1793.2; (4) breach of express written warranty; (5) breach of the implied warrant of merchantability; and (6) fraud by omission. Defendant filed a demurrer to the third and sixth causes of...
2021.06.14 Demurrer 049
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.14
Excerpt: ...ered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act; and (2) breach of express warranty under Song-Beverly Warranty Act. The complaint arises from an allegedly defective 2017 Toyota Sienna (the “Subject Vehicle”). Moving Defendant filed a demurrer to the first and second causes of action in the ...
2021.06.10 Motion to Compel Arbitration, Stay Proceedings, Demurrer 311
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.10
Excerpt: ...e Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) fraud—intentional misrepresentation; (2) fraudulent deceit; (3) constructive fraud; (4) negligent misrepresentation; (5) failure to disclose; (6) breach of the implied covenant of good faith and fair dealing; (7) breach of contract; (8) breach of express warranty; (9) for rescission of purchase agr...
2021.06.09 Motion to Compel Arbitration and Stay Litigation 508
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.09
Excerpt: ...dez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges eight causes of action against Defendants arising from Plaintiff's employment. Moving Defendant filed a motion to compel arbitration of all of Plaintiff's causes of action and to stay litigation (the “Motion”) on the grounds that the parties entered into valid and enforceable written arbitration agreements (collectively, the “Agre...
2021.06.09 Motion for Summary Adjudication 075
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.09
Excerpt: ...tin Ashcraft (“Plaintiff”) RESPONDING PARTIES: Defendants and Cross-Complainants Get Messy, Inc. (“GMI”) and Brian K. Begin (“Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed a complaint arising from his employment with D...
2021.06.04 Motion for Reconsideration 436
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.04
Excerpt: ...reply papers. Plaintiff makes an incorrect argument that the opposition was filed and served late. The proof of service shows that the opposition was served on May 21, 2021, which is nine court days before the hearing. The opposition to the motion was filed and served in a timely manner under Code Civ. Proc. § 1005(b). BACKGROUND On April 8, 2021, after hearing oral argument, the Court granted Defendants' motion for terminating sanctions and mon...
2021.06.04 Demurrer 771 (2)
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.04
Excerpt: ..., and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) nonpayment of overtime compensation; (2) failure to provide meal and rest breaks; (3) discrimination in violation of FEHA; (4) failure to reasonably accommodate; (5) failure to engage in an interactive process; (6) harassment in violation of FEHA; (7) retaliation in violation of FEHA; (8) failure to prevent...
2021.06.03 Motion to Quash Service of Process, for Sanctions 096
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.03
Excerpt: ...lavitz The Court has considered the moving, opposition, and reply papers. BACKGROUND The initial complaint in this action was filed on October 9, 2019. On January 25, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”), alleging the following causes of action: (1) breach of contract; (2) breach of implied warranty of habitability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) breach of statutes; (6) ...
2021.06.02 Motion to Set Aside Entry of Default, Judgment 999
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.02
Excerpt: ... Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Default was entered against Defendant on November 17, 2020 and default judgment was entered against Defendant on December 16, 2020. On May 5, 2021, Defendant filed a motion (the “Motion”) for an order setting asi...
2021.06.02 Demurrer, Motion to Strike 427
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.02
Excerpt: ...DING PARTY: Plaintiff Brandon Ligthart The Court has considered the moving, opposition, and reply papers as to the demurrer. No opposition papers were filed as to the motion to strike, and such motion is therefore unopposed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) al...
2021.06.01 Demurrer, Motion to Strike 427
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.01
Excerpt: ...DING PARTY: Plaintiff Brandon Ligthart The Court has considered the moving, opposition, and reply papers as to the demurrer. No opposition papers were filed as to the motion to strike, and such motion is therefore unopposed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) al...
2021.06.01 Demurrer 602
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.06.01
Excerpt: ...y papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) quantum meruit; (2) open book account; (3) account stated; and (4) account stated. Defendant filed a demurrer to each cause of action in the SAC. MEET AND CONFER The m...
2021.05.28 Special Motion to Strike 667
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.28
Excerpt: ...he moving, opposition, and reply papers. Additionally, although the opposition memorandum is 18 pages in length—which is beyond the 15-page limit articulated in Cal. Rules of Court, Rule 3.1113(d)—the Court will consider Plaintiff's opposition in its entirety. BACKGROUND On October 29, 2020, Plaintiff filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4)...
2021.05.27 Motion to Compel Responses, to Deem Requests for Admission as Admitted 418
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.27
Excerpt: ...sidered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed six unopposed discovery motions. One of the motions is directed at Defendant Mohammed Kazemi (the “Kazemi Motion”) and the remaining five motions are directed at Defendant Moka Auto Show Inc. (“Moka”). Each motion se...
2021.05.25 Demurrer 088
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.25
Excerpt: ...ner/Plaintiff Jack Benjamin (“Plaintiff”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND On February 13, 2020, Plaintiff filed the operative First Amended Complaint/Petition (the “FAC”) alleging causes of action for: (1) writ of mandate pursuant to C...
2021.05.21 Motion for Judgment on the Pleadings 331
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.21
Excerpt: ...ert, Jack Edjourian, and The Plug RESPONDING PARTIES: Defendants and Cross-Complainants Chronicpractor Caregiver, Inc.; Daniela Alexander; and Eric Loyola The Court has considered the moving, opposition, and reply papers. BACKGROUND Cross-Complainants filed a cross-complaint alleging the following causes of action: (1) breach of contract; (2) breach of fiduciary duty of loyalty; (3) breach of fiduciary duty of care; (4) aiding and abetting breach...
2021.05.21 Demurrer 362
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.21
Excerpt: ...ug The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate, and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) retaliation in violation of the California Whistleblower Protection Act (the “CWPA”). Defendant filed a demurrer to the second and s...
2021.05.20 Demurrer 211
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.20
Excerpt: ...reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) whistleblower retaliation in violation of Lab. Code § 1102.5; (2) intentional interference with prospective economic advantage; (3) intentional infliction of emotional distress; and (4) negligence. Defendant filed a demurrer to each cause of action in the SAC. MEET AND CONFER The meet and confer requirement has...
2021.05.14 Motion to Compel Arbitration and Stay Proceedings 971
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.14
Excerpt: ... Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) violation of subdivision (d) of Civ. Code § 1793.2; (2) violation of subdivision (b) of Civ. Code § 1793.2; (3) violation of subdivision (a)(3) of Civ. Code § 1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud by omission; and (7) neglig...
2021.05.12 Demurrer 298
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.12
Excerpt: ... and Hooman Nissani (“Nissani”) (“Moving Defendants”) RESPONDING PARTY: Plaintiff Lilia Garcia-Brower, in her official capacity as California State Labor Commissioner, Division of Labor Enforcement, Department of Industrial Relations, State of California The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) failure ...
2021.05.07 Motion for Summary Adjudication 838
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.07
Excerpt: ...Goodman (the “Goodmans”) RESPONDING PARTY: Defendant and Cross-Complainant Beyond Meat, Inc. (“BMI”) The Court has considered the moving, opposition, and reply papers as to both motions. BACKGROUND DLF filed the operative Third Amended Complaint (“TAC”) which arises from an alleged breach of an Exclusive Supply Agreement (the “ESA”). DLF filed the TAC against Defendants alleging causes of action for: (1) breach of contract; (2) de...
2021.05.07 Motion for Attorney Fees 771
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.07
Excerpt: ...ions and Holdings, LLC (“PAH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging a sole cause of action for breach of contract. This is an action arising from Defendants' alleged breach of a commercial lease by making alterations to the premises. On May 9, 2019, after hearing oral argument, the Court sustained the demurrer filed by PAH and ...
2021.05.06 Demurrer, Motion to Strike 726
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.06
Excerpt: ...Moving Defendant”) RESPONDING PARTY: Plaintiff Jeremy Vitug The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) elder abuse/neglect in violation of WIC § 15600 et seq.; and (2) negligence. Moving Defendant filed a demurrer to the first cause of action in the complaint, as well as a motion to strike. MEET AND CONFER The meet and confer requirement has be...
2021.05.03 Demurrer, Motion to Strike 438
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.03
Excerpt: ...eco The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) negligent hiring, retention, supervision, and/or failure to terminate; (2) assault; (3) battery; (4) intentional infliction of emotional distress; (5) general negligence; and (6) negligence—premises liability. Moving Defendant filed a demurrer to the firs...
2021.05.03 Demurrer, Motion to Strike 332
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.03
Excerpt: ...mmad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers[1]. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging the following causes of action: (1) breach of contract; (2) common counts; (3) fraud; (4) declaratory relief; and (5) involuntary dissolution of limited liability company. Defendants filed a demurrer to the first through fourth causes of action in the TAC,...
2021.04.28 Motion to Compel Further Responses 656
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.04.28
Excerpt: ...s; and Binoy Kothari RESPONDING PARTY: Plaintiff Rianna Paseri The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) retaliation in violation of Lab. Code § 6310; (2) retaliation under Lab. Code § 1102.5; (3) intentional infliction of emotional distress; (4) wrongful termination of public policy; (5) defamation per se; (6) fraudulent concealment; (7...
2021.04.28 Demurrers, Motions to Strike 858
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.04.28
Excerpt: ...ael Adan Ayala Martinez (“Martinez”) (collectively, the “Martinez Defendants”); Bruce Indermill (“Indermill”); Branden Hendricks (“Hendricks”); and Christian Church (Disciples of Christ) Pacific Southwest Region (“PSR”) RESPONDING PARTY: Plaintiff Tamu Blackwell The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) violation of civil righ...

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