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2024.03.29 Motion for Terminating Sanctions 027
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...sue and evidentiary sanctions FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Angela Mendoza brings this action against defendants Mohave Transportation Insurance Company and Joseph Samaha for damages plaintiff alleges plaintiff suffered arising from a motor vehicle cause of action. The operative complaint, the First Amended Complaint, is a form complaint which attaches no cause of action forms. The initial complaint alleges that defendant Samaha ne...
2024.03.29 Motion for Reconsideration 777
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...Hofer What was the court's order or decision? Demurrer overruled to three causes of action, sustained with leave to amend as to one cause of action What date was this motion filed? December 19, 2023 Motion filed within 10 days from service of notice of entry of the order? Yes FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff A&T Advisors dba Anchor Bookkeeping (Anchor Bookkeeping) alleges that in October of 2022, plaintiff and defendant Cahit Soyk...
2024.03.29 Motion for Monetary, Issue, Evidence, Terminating Sanctions 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...1) Imposing monetary sanctions in the amount of $2,260; and (2) Imposing an issue sanction, evidence sanction and/or terminating sanction against plaintiff FACTUAL AND PROCEDURAL BACKGROUND: Plaintiffs Neuro Diagnostic Center, Inc. and Shushanik Devine allege that they were in possession of premises in Glendale and that defendants A & D Fire Sprinklers, Inc. (A & D) and National Community Renaissance of California, while conducting constructio n ...
2024.03.29 Motion for Leave to File Complaint 618
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...GROUND: Plaintiff State Farm General Insurance Company brings this subrogation complaint against Mueller Industries, Inc., alleging that its insureds, Hermine Mirzayan and Artur Sarkisyan, were the owners of private property in Glendale, and that in October of 202 0, as a result of the improper and wrongful acts and omissions to act by defendant, a catastrophic water loss incident occurred at the insureds' property, when a hot water stainless ste...
2024.03.29 Demurrer 089
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...on of Subdivision (b) of Civil Code Section 1793.2 3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4) Breach of the Implied Warranty of Merchantability 5) Negligent Repair 6) Fraudulent Inducement —Concealment SUMMARY OF FACTS: Plaintiff Sunny Hwang alleges that in March of 2020 plaintiff entered into a warranty contract with defendant Ford Motor Company (Ford) regarding a 2020 Ford Explorer vehicle which was manufactured and or...
2024.03.15 Motion to Compel Further Responses 471
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...n February of 2022 plaintiff entered into a warranty contract with defendant General Motors LLC regarding a 2020 Chevrolet Tahoe. Plaintiff alleges that nonconformities to warranty manifested themselves within the applicable express warranty period, which nonconformities substantially impair the use, value, or safety of the vehicle. Plaintiff alleges that plaintiff delivered the veh icle to an authorized General Motors repair facility for repair ...
2024.03.15 Motion to Compel Further Responses 305
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...ON: Reasonable and good faith attempt to resolve informally: Yes, Boris Decl., paras. 8,9, Ex. 3 FACTUAL BACKGROUND Plaintiff Elijah A. Alvillar, an incompetent individual, through his guardian ad litem, alleges that on May 6, 2019, while plaintiff was under the care, custody and control of defendant BHC Alhambra Hospital, Inc., an acute-care psychiatric hospital, defen dant breached the applicable standard of care for safe custody of plaintiff w...
2024.03.15 Motion for Attorney Fees, to Strike and Tax Costs 529
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...Infiniti Tax Costs Plaintiff Mabel S. Vera RELIEF REQUESTED: Attorney Fees Attorney fees in the amount of $65,715.00. Tax Costs Strike costs claimed in Item 1, Item 12 (Item 11), and Item 16 FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Mabel S. Vera alleges that in May of 2021 plaintiff leased a 2021 Infiniti QX50 vehicle from an authorized dealer and agent of defendant Nissan North America, Inc., the manufacturer of the vehicle, and that the sub...
2024.03.15 Demurrer, Motion to Strike 611
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...para. 2] RELIEF REQUESTED: Sustain demurrer to fourth cause of action of Complaint Strike punitive damages CAUSES OF ACTION: from Complaint 1) Breach of the Contract 2) Negligence 3) Indemnity 4) Fraud and Deceit SUMMARY OF FACTS: Plaintiffs Bertram Yuh and Janice Yuh allege that they have a primary residence located in La Canada Flintridge, and that in December of 2020, plaintiffs entered into a written contract with defendant Building Worx, Inc...
2024.03.13 Motion for Judgment 558
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.13
Excerpt: ...al on September 20, 21, and 26, and on October 2,3, 17, and 18, 2023. Plaintiff was represented by Michael Sloan, of the Law Office of Michael L. Sloan. Defendant was represented by A.J. Glassman, of the Law Offices of A.J. Glass man. At the close of evidence of the plaintiff's case on October 3, 2023, defendant's counsel made an oral motion for Judgment/Non- Suit pursuant to Code of Civil Procedure (“CCP”) Section 631.8. Pursuant to the defe...
2024.03.08 Demurrer 789
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...karleta Torosyan alleges that in April of 2021, plaintiff was lawfully on commercial premises owned, leased, managed and/or maintained by defendants Mariner Health Care Management Company, Alex Dela Cuadro, and Sona Isayan, to which premises t he general public is invited to come. Plaintiff alleges that plaintiff was walking into a patient's room within the subject premises when, suddenly and without warning, plaintiff slipped on water and/or a s...
2024.03.08 Motion for Judgment on the Pleadings 401
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...nstructive Eviction 6) Wrongful Eviction/Self -Help SUMMARY OF FACTS: Plaintiff Abed Mansur alleges that plaintiff lives at a rented/owned dwelling in Glendale, and that defendant Mohammed Badruzzaman was the property manager/co -owner of the premises. Plaintiff alleges that in January of 1988, plaintiff, defendant, and Mohammad Kamruzaman purchased the premises through a purchase agreement, which expressly allocated a one- third ownership intere...
2024.03.08 Motion for Summary Judgment, Adjudication 728
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...dant Dixieline Builders Fund Control, Inc. and against Corazon Nieves, an individual and as attorney in fact for Rene Simon In the alternative, summary adjudication of each cause of action against Dixieline Builders, the first, second, third, fourth and fifth causes of action. ProBuild Motion Summary judgment in favor of defendant ProBuild Company, LLC and against Corazón Nieves, an individual and as attorney in fact for Rene Simon In the altern...
2024.03.08 Motion to Compel Deposition of PMQ 934
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...F REQUESTED BY MOVING PARTY: Order compelling the deposition General Motors LLC's Person Most Qualified within thirty days. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 8 -11 FACTUAL BACKGROUND: Plaintiff Keith Fearnside alleges that in January of 2021 plaintiff purchased a new 2021 Chevrolet Suburban, which was warranted by defendant General Motors LLC, with defendant providing an express warr...
2024.03.08 Motion to Compel Further Responses 983
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ... CHRONOLOGY Date Discovery served: August 15, 2023 Date Responses served: October 23, 2023 Date Motion served: December 7, 2023 timely (ext. to 1/2/24) Meet and Confer? Ok, Ex. 4 FACTUAL BACKGROUND: Plaintiffs Mildred DeCastro, Estrella Choy, Avigdor Kessler, Izuchukwa Okpara, Else Grospe and Christian Escobar allege that in May of 2022, they were interested in purchasing a hospice care business in California which was authorized to participate i...
2024.03.01 Motion to Compel Responses 132
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.01
Excerpt: ..., Set One Order Deeming Requests for Admissions, Set One, Admitted CHRONOLOGY Date Discovery served: August 4, 2023 Extensions of time to respond until: October 13, 2023 (Ex. D) Date Responses served: NO RESPONSES SERVED Date Motion served: October 26, 2023 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that pa...
2024.03.01 Motion to Compel Further Responses 983
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.01
Excerpt: ...ther Responses to First Set of Special Interrogatories Further Responses to First Set of Requests for Admissions CHRONOLOGY Date Discovery served: August 15, 2023 Date Responses served: October 23, 2023 Date Motion served: December 7, 2023 timely (ext. to 1/2/24) Meet and Confer? Ok, Ex. 4 FACTUAL BACKGROUND: Plaintiffs Mildred DeCastro, Estrella Choy, Avigdor Kessler, Izuchukwa Okpara, Else Grospe and Christian Escobar allege that in May of 2022...
2024.03.01 Motion to Compel Further Responses 910
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.01
Excerpt: ...LARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exhibit 10 FACTUAL BACKGROUND: Plaintiff Rufus Choi alleges that in January of 2021 plaintiff purchased a 2021 Chrysler Pacifica manufactured or distributed by defendant FCA US LLC, and plaintiff received an express written warranty, in which defendant FCA US LLC undertook to preserve o r maintain the utility or performance of the vehicle or provide compensa...
2024.02.23 Motion to Strike 618
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...ION: from First Amended Complaint 1) Negligence 2) Strict Products Liability 3) Breach of Implied Warranties SUMMARY OF FACTS: Plaintiff State Farm General Insurance Company brings this subrogation complaint against Mueller Industries, Inc., alleging that its insureds, Hermine Mirzayan and Artur Sarkisyan, were the owners of private property in Glendale, and that in October of 2020, as a result of the improper and wrongful acts and omissions to a...
2024.02.23 Motion to Compel Responses 132
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...s to Requests for Production of Documents, Set One CHRONOLOGY Date Discovery served: May 22, 2023 Extensions to Respond to: October 11, 2023 (Ex. D) Date Responses served: NO RESPONSES SERVED Date Motion served: January 24, 2024 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any right to exercise the option to produce w...
2024.02.23 Motion to Compel Further Responses 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...UESTED: Further Responses to Request for Production of Documents, Set Two from each plaintiff DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Ex. G FACTUAL BACKGROUND Plaintiffs Neuro Diagnostic Center, Inc. and Shushanik Devine allege that they were in possession of premises in Glendale and that defendants A & D Fire Sprinklers, Inc. and National Community Renaissance of California, while conducting c...
2024.02.23 Motion to Compel Arbitration 438
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...f arbitration SUMMARY OF FACTS: Plaintiffs Stephen Anthony Enchin and SAE & Associates, LLC allege that in March of 2021, plaintiffs purchased a 2021 Tesla Model Y, for which defendant Tesla Motors, Inc. issued a written warranty, pursuant to which defendant agreed to preserve or mainta in the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs allege that the vehicle was...
2024.02.23 Motion for Order to Release Marriage Records 734
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...he confidential marriage certificate and records of plaintiff Diane Flessas to Russell Rowland, in relation to the marriage entered into on June 14, 2019. SUMMARY OF FACTS: This wrongful death and survival action is brought by plaintiffs Diane Flessas, the surviving spouse of decedent Russell Rowland, and Jonathon Rowland, decedent's surviving natural son. Plaintiffs Flessas and Jonathan Rowland are also the successors in i nterest to decedent, a...
2024.02.23 Motion for Judgment on the Pleadings 933
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ... Amended Complaint 1) Negligence 2) Negligent Supervision and Retention SUMMARY OF FACTS: Plaintiff Jane Doe 7034 brings this action against defendant Burbank Unified School District, alleging that in 1978, when plaintiff was a 15 -year -old student at John Muir Middle School, plaintiff was groomed and sexually assaulted by her science teacher, Robert Goar, a Burbank Unified School District employee. Plaintiff alleges that defendant never investi...
2024.02.09 Motions to Dismiss or Stay 277
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...ternative, staying all further proceedings SUMMARY OF FACTS: Plaintiff Alphonso Luna alleges that in June of 2021, plaintiff was operating a tractor and flatbed trailer on interstate 80 in Nebraska, in a reasonable manner, when present on interstate 80 was a work zone with workers present, and warning signs lining the roadway, alerting drivers of the need to slow down or stop. Plaintiff alleges that as plaintiff proceeded through the work zone, h...

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