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2020.12.10 Demurrer 414
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.12.10
Excerpt: ...3 to January of 2020. (FAC ¶ 9.) Plaintiff brings this action in her representative capacity on behalf of the State of California and on behalf of all Defendants' current and former non-exempt employees employed in California between April 6, 2019 and present. (FAC ¶ 10.) On May 5, 2020, Plaintiff filed a complaint and on September 15, 2020, the FAC for: 1. Violations of the California Private Attorney General Act at Labor Code §§ 28698 et se...
2020.12.03 Petition to Confirm Arbitration Award Standard 343
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.12.03
Excerpt: ...n; 2) breach of contract – oral and implied; 3) fraud; 4) conspiracy to commit fraud; 5) aiding and abetting fraud; 6) defamation per se; 7) violation of 15 U.S.C. § 1125(a); 8) abuse of process; 9) malicious prosecution; 10) declaratory relief; and 11) injunctive relief. This case arises out of Defendants' alleged failure to comply with its own terms and conditions of its American Express Cardmember Agreements with Plaintiffs. Plaintiffs alle...
2020.12.02 Demurrer, Motion to Strike 649
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.12.02
Excerpt: ...re to pay minimum wage; 5) failure to pay overtime compensation; 6) failure to provide meal periods; 7) failure to provide rest periods; 8) unlawful deductions from wages; 9) failure to reimburse work expenditures; 10) failure to provide accurate wage statements; 11) failure to provide personnel records; 12) retaliation in violation of Labor Code § 6310; 13) retaliation in violation of Labor Code § 1102.5; 14) wrongful termination in violation ...
2020.03.12 Special Motion to Strike 687
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.03.12
Excerpt: ... (“Property”) after Plaintiffs' lien and deeds of trust were recorded. Plaintiffs also allege that Defendants recorded false liens that disparaged Defendants' title, value and marketability of the Property. On September 13, 2019, Plaintiffs filed a Complaint, and on November 14, 2019, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: (1) Inducing Breach of Contract; (2) Intentional Interf...
2020.02.07 Motion for Leave to File Complaint 665
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.02.07
Excerpt: ...al owner of all rights to the recordings (“the 2011 Litigation”). Boladian alleges that the 2011 litigation was false, malicious and lacked probable cause. In addition, Boladian alleges that Clinton made certain defamatory statements about Boladian, including in Clinton's 2015 autobiography and in a 2013 an interview with WXYZ in Detroit, in which Clinton falsely claimed that Boladian did not pay royalties to Clinton and to “hundreds” of ...
2020.02.04 Demurrer, Motion to Strike Punitive Damages 843
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.02.04
Excerpt: ... October 8, 2019, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: 1) Violation of Song-Beverly Act -- Breach of Express Warranty; 2) Violation of Song-Beverly Act -- Breach of Implied Warranty; 3) Violation of Civ. Code section 1793.2; 4) Fraudulent Inducement – Concealment On November 12, 2019, Defendants filed the instant demurrer with motion to strike punitive damages. The Court consid...
2020.02.04 Demurrer, Motion to Strike 119
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.02.04
Excerpt: ..., and on October 8, 2019, the First Amended Complaint (“FAC”) against Defendants for the following causes of action: 1) Violation of Song-Beverly Act -- Breach of Express Warranty; 2) Violation of Song-Beverly Act -- Breach of Implied Warranty; 3) Violation of Civ. Code section 1793.2; and 4) Fraudulent Inducement – Concealment. On November 12, 2019, Defendants filed the instant demurrer with motion to strike punitive damages. The Court con...
2020.01.31 Petition to Compel Arbitration 552
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.31
Excerpt: ...umption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the evidence any fact necessary to demonstrate that there should be no enforcement of the agreement, and the trial court sits...
2020.01.29 Demurrer 944
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.29
Excerpt: ...issory Estoppel. On December 23, 2019, Defendants filed the instant Demurrer to the SAC. The Court considered the moving, opposition, and reply papers, and rules as follows. Demurrer Standard A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e). Thus, concerning the legal sufficiency of a pleading, the sole issue on demurrer is whether the facts pleaded, if ...
2020.01.28 Demurrer, Motion to Strike Punitive Damages 906
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.28
Excerpt: ...her consent. On October 30, 2019, Plaintiff filed a Complaint against Defendants for damages based on the following causes of action: (1) Breach of Contract; (2) Conversion; and (3) Negligence. On December 23, 2019, Defendants filed the instant demurrers and motions to strike punitive damages. The Court considered the moving, opposition and reply papers. Demurrer Standard A demurrer may be sustained where the complaint fails to state facts suffic...
2020.01.17 Motion to Continue 665
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.17
Excerpt: ...al. App. 5th 149, 157.) Plaintiffs contend that Boladian is a “private figure,” which thus requires only a showing that Defendant negligently published the defamatory statement. (Brown v. Kelly Broad. Co. (1989) 48 Cal. 3d 711, 742, holding that “a private person need prove only negligence (rather than malice) to recover for defamation.”) Plaintiffs proceed to conduct an argument for 15 allegedly defamatory statements contained with Defen...
2020.01.16 Petition to Compel Arbitration 963
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.16
Excerpt: ...n violation of Cal. Gov. Code §§ 12940, et seq.; (3) actual/perceived disability retaliation in violation of Cal. Gov. Code §§ 12940, et seq.; (4) failure to engage in the mandatory good-faith interactive process in violation of Cal. Gov. Code §§ 12940, et seq.; (5) failure to accommodate in violation of Cal. Gov. Code §§ 12940, et seq.; (6) violation of the California Family Rights Act, Cal. Gov. Code §§ 12945.2, et seq.; (7) whistlebl...
2020.01.14 Demurrer 713
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.14
Excerpt: ...aint. On September 24, 2019, Plaintiff filed the second amended complaint (“SAC”). Plaintiff alleges four sets of claims: (1) against Enenstein, Pham & Glass (“EPG”) formerly known as Enenstein, Ribakoff La Vina & Pham (“ERLP”), Ruth Lynn Estep (“Estep”), and Larry Goldman (“Goldman”) arising out of a family law matter (collectively, the “Family Law Defendants”), (2) against Krycler, Evin, Taubman & Kaminsky (“KETK”), ...
2020.01.14 Motion to Compel Arbitration 552
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.14
Excerpt: ...umption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-72.) The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, the party opposing the petition then bears the burden of proving by a preponderance of the evidence any fact necessary to demonstrate that there should be no enforcement of the agreement, and the trial court sits...
2020.01.10 Motion to Compel Arbitration 475
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.10
Excerpt: ...on, harassment, and retaliation claims based on her medical condition and disability. On November 21, 2019, Defendants filed the instant Motion to Compel Arbitration. The Court considered the moving, opposition, reply papers, as well as supplemental opposition and reply, and rules as follows: Motion to Compel Arbitration Standard Code of Civil Procedure section 1281.2 provides, in relevant part: On petition of a party to an arbitration agreement ...
2020.01.08 Demurrer 072
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2020.01.08
Excerpt: ... Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of Song-Beverly Act – Civ. Code section 1793.2; (4) Fraudulent Inducement – Concealment; and (5) Fraudulent Inducement – Intentional Misrepresentation. On November 26, 2019, KMA filed the instant Demurrer to the fourth and fifth causes of action and Motion to Strike punitive damages. The Court considered the moving, opposition, and r...
2019.12.3 Demurrer, Motion to Strike 851
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.12.3
Excerpt: ... Complaint, and on August 13, 2019, the operative First Amended Complaint (“FAC”) for the following causes of action: (1) Breach of the Implied Warranty of Merchantability; (2) Breach of the Implied Warranty of Fitness; (3) Violation of Bus. & Prof. Code §§ 17500, et seq.; (4) Breach of Express Warranty; (5) Failure to Promptly Repurchase Product; (6) Failure to Commence Repairs Within a Reasonable Time; (7) Conversion; (8) Fraud; and (9) N...
2019.9.24 Demurrer, Motion to Strike 391
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.9.24
Excerpt: ...f actions: 1) Violation of Civ. Code section 1793.2(d); 2) Violation of Civ. Code section 1793.2(b); 3) Violation of Civ. Code section 1793(a)(3); 4) Breach of Express Warranty (Civ. Code §§ 1791.2(a); 1794); 5) Breach of Implied Warranty (Civ. Code §§ 1791.1; 1794); and 6) Fraud by Omission. On August 5, 2019, KMA filed the instant Demurrer to the Sixth cause of action (Fraud by Omission) and Motion to Strike punitive damages from the TAC. T...
2019.9.24 Demurrer, Motion to Strike 161
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.9.24
Excerpt: ...de §1793.2(d); (2) Violation of Civ. Code §1793.2(b); (3) Violation of Civ. Code §1793.2(a)(3); (4) Breach of express written warranty; (5) Breach of the implied warranty of merchantability; (6) Violation of the Magnuson-Moss Warranty Act; and (7) Fraud by Omission. On August 19, 2019, Defendant filed its Demurrer to the Seventh Cause of Action (Fraud by Omission) and Motion to Strike punitive damages prayer from the Complaint. The Court consi...
2019.6.25 Demurrer 327
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.6.25
Excerpt: ...1102.5; (2) defamation per se / per quod; and (3) intentional infliction of emotional distress (“IIED”). On May 29, 2019, Defendants filed the instant Demurrer to the third cause of action in Plaintiff's FAC. The Court considered the moving and opposition papers, and rules as follows: Demurrer Standard A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e)...
2019.6.19 Demurrer, Motion to Strike 542
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.6.19
Excerpt: ... on defects in Plaintiff's 2016 Nissan Sentra (“Vehicle”). On April 3, 2019, Plaintiff filed a Complaint against Defendant for the following causes of action: (1) Breach of Express Warranty (2) Breach of Implied Warranty (3) Violation of Civil Code Section 1793.2 (4) Fraudulent Inducement - Concealment On May 6, 2019, Defendant filed its Demurrer to the Fourth Cause of Action (Fraud by Omission) and Motion to Strike punitive damages prayer fr...
2019.6.6 Demurrer 666
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.6.6
Excerpt: ...ction: (1) failure to compensate for all hours worked; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide accurate itemized wage statements; (5) failure to pay wages when employment ends; (6) failure to pay wages owed every pay period; (7) violation of Labor Code Section 558; (8) failure to maintain accurate records; (9) failure to give rest breaks; (10) failure to give meal breaks; (11) violation of California ...
2019.6.4 Motion to Compel Responses 887
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.6.4
Excerpt: ...or failure to abide by the Court's April 22, 2019 Order. The Court considered the moving papers and rules as follows. Standard The trial court can impose terminating sanctions on a party who fails to obey a court order compelling responses to interrogatories or document requests (Code Civ. Proc., §§ 2030.290(c) [interrogatories]; 2031.300(c) [document requests].) Also, Code of Civil Procedure § 2023.030 provides that the court may impose a ter...
2019.5.7 Motion to Compel Continued Deposition, for Sanction 468
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.5.7
Excerpt: ...he deposition should be limited for some reason. (Certainteed Corporation v. Sup. Ct. (2014) 222 Cal.App.4th 1053, 1062.) Code of Civil Procedure § 2025.290¿not only authorizes a judge to allow additional time to depose a witness in these circumstances, but requires the judge to do so, unless the judge determines that the deposition should be limited for another reason, such as the deponent's medical condition or to protect any party, depon...
2019.5.1 Motion to Strike (Anti-SLAPP) 196
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.5.1
Excerpt: ...e to Prevent Harassment and Discrimination 3. Disability Discrimination 4. Failure to Engage in the Interactive Process 5. Retaliation 6. Malicious Prosecution 7. Abuse of Process On March 29, 2019, Defendants filed this Special Motion to Strike the Seventh and Eight Causes of Action pursuant to CCP § 425.16 (the Anti-SLAPP Statute.) On April 1, 2019, Plaintiff filed the First Amended Complaint (“FAC”) and a non-opposition to the Motion, res...
2019.4.26 Application to Continue Trial 083
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.4.26
Excerpt: ...bor Code § 1102.5 6. Violation of Labor Code § 6310 7. Failure to Accommodate 8. CFRA Retaliation On April 12, 2019, Defendant filed an Ex Parte Application to Continue Trial and, in the alternative, to shorten time to hear a Motion to Continue Trial. The Court denied the Ex Parte Application to Continue Trial without prejudice but granted the Application to shorten time to hear a Motion to Continue Trial. Standard: Continuances of trial dates ...
2019.4.2 Demurrer 691
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.4.2
Excerpt: ... prevented from speaking with his mother. Walter alleges that his sister Joellyn and he received threats and suffered intimidation designed to discourage them from attempting any communication with their mother. Analysis Defendant Charles Bluth (“Charles”) now demurs to the sole cause of action of the complaint on the grounds that Walter lacks standing to bring this claim in either an individual or representative capacity, and that Walter has...
2019.3.27 Motion to Compel Arbitration and Stay Action 791
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.27
Excerpt: ...102.5; (2) Health & Safety Code § 1278.5; and (3) adverse action in violation of public policy. On February 4, 2019, Defendant filed the instant motion to compel arbitration and stay action. Defendant filed the instant motion for sanctions on March 7, 2019. Plaintiff filed opposition papers on March 14, 2019. Defendant filed reply papers on March 20, 2019. The Court considered the moving, opposition, and reply papers and rules as follows. (1) Mo...
2019.3.26 Motion to Compel Further Supplemental Responses, Request for Monetary Sanctions 151
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.26
Excerpt: ...IONS OF $3,480.00 Date: March 26, 2019 Time: 8:30 a.m. Dept. 56 <0051004700030036004b00 00480055005600480051[ RESPONDING PARTY: Defendant General Motors LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an alleged defective 2012 Cheverolet Impala (the “Vehicle”). On <0051004700030036004b00 00480055005600480051[ (“Plaintiffs”) filed a complaint against Defendant alleging causes of act...
2019.3.18 Motion to Compel Deposition 792
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.18
Excerpt: ... to CCP § 2025.450. This is improper. CCP § 2025.450 states, “If, after service of a deposition notice, a party . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, . . . the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for <0003004400470047004800 4700...
2019.3.13 Motion to Enforce Judgment 634
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.13
Excerpt: ... lease/purchase agreement by pretending to be qualified buyers. However, they were “unqualified buyers” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. Plaintiff requested that the land sale contract be voided. On December 16, 2015, the Court granted Defendant's motion to compel arbitration and stay the case. On February 8, 2018, the Court confirmed the arbitration award and entered judgment...
2019.3.13 Motion for Preliminary Injunction 522
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.13
Excerpt: ...their employment with the Defendant. The Plaintiff, Gregory Detter, then accepted an offer of employment from 24 Seven in New York, New York. Mr. Detter resides in St. Louis, Missouri, but travels to New York during the work week. The Plaintiff, Seth Gordon, also accepted an offer of employment from 24 Seven, but in the Chicago, Illinois office. The Plaintiffs expect that Creative Circle will seek to enforce the non-competition clause in their no...
2019.3.12 Motion to Quash and Dismiss Complaint 691
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.12
Excerpt: ... prevented from speaking with his mother. Walter alleges that his sister Joellyn and he received threats and suffered intimidation designed to discourage them from attempting any communication with their mother. Analysis Defendants Susan Howard and Patricia Schlener now demur to the sole cause of action of the complaint on the grounds that Walter lacks standing to bring this claim in either an individual or representative capacity, and that Walte...
2019.3.12 Demurrer 797
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.12
Excerpt: ...ntional misrepresentation; (3) fraud – false promise; (4) breach of contract – renovation contract; (5) negligence; (6) negligent interference with prospective economic relations; (7) unfair competition (Cal. Bus. & Prof. Code § 17200 et seq.); and (8) conversion. On June 27, 2018, the Court granted Defendant Kabir One's motion to compel arbitration, ordered Plaintiff to arbitrate its claims against Kabir One, and stayed the action as to Kab...
2019.3.11 Petition to Compel Arbitration 771
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.11
Excerpt: ...4) failure to provide meal periods; (5) failure to provide rest periods; (6) failure to provide accurate wage statements; (7) intentional infliction of emotional distress; (8) negligent infliction of emotional distress; (9) unlawful business practices in violation of California Business & Professions Code Section 17200. On February 24, 2019, Defendants filed the instant petition to compel arbitration and stay all proceedings. The Court considered...
2019.3.7 Motion to Transfer Venue 125
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.3.7
Excerpt: ... Code Section 12940(n)); (4) FEHA retaliation (Gov't Code Section 12940(h); (5) FEHA harassment (Gov't Code Section 12940(h)); (6) FEHA failure to prevent discrimination/retaliation/harassment (Gov't Code Section 12940(k)); (7) wrongful discharge in violation of public policy; (8) intentional infliction of emotional distress; (9) defamation; (10) breach of employment contract; (11) breach of covenant of good faith and fair dealing; (12) conversio...
2019.2.27 Motion for Leave to File Complaint 687
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.2.27
Excerpt: ...iff is now owed a balance of $36,850 plus interest, fees and costs. On March 27, 2018, plaintiff filed a complaint for breach of contract. Defendant answered on June 8, 2018. On January 9, 2019, Defendant filed this unopposed motion for leave to file a cross-complaint. Leave to File a Cross-Complaint A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before o...
2019.2.26 Motion to Determine Good Faith Settlement 179
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.2.26
Excerpt: ..."Realty One"). This action arises from the purchase of real property commonly known as 616 Gartel Drive, Walnut, California 91789 ("Property") by Plaintiff from Brimo. The Complaint asserts multiple causes of action, including breach of contract, negligence, fraudulent misrepresentation, negligent misrepresentation, and breach of fiduciary duty, against the defendants Brimo, Alfredo, Miguel, Carsten, Truong, Kusuma, and Realty One...
2019.2.20 Demurrer 151
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.2.20
Excerpt: ... of contract (2) Breach of oral contract (3) Misrepresentation (4) Breach of fiduciary duty (5) Fraud and intentional deceit (6) Fraudulent in the inducement Demurrer Standard A demurrer tests the sufficiency of the pleading at issue as a matter of law. City of Chula Vista v. County of San Diego (1994) 23 Cal.App.4th 1713, 1719. A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. CCP §...
2019.2.4 Motion for Attorneys' Fees 761
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2019.2.4
Excerpt: ...tion, and reply papers and rules as follows. Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the pa...
2018.8.9 Motion to Dismiss, for Monetary Sanctions 37
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.9
Excerpt: ...8. The hearing was continued to the herein date. BACKGROUND On August 6, 2015, plaintiffs Francisco Armenta and Maria Zavala filed a complaint against defendants Mikiro Amemiya and Francis Yeo for motor vehicle negligence based on a August 13, 2013 collision. On April 24, 2018, the court granted defendants' motion to compel the depositions of plaintiffs. Trial is set for January 22, 2019. DISCUSSION Defendants request that the court impose termin...
2018.8.9 Motion for Summary Judgment 548
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.9
Excerpt: ...actice, negligence, and NIED. <0044005100570003003000 00480046004b004c000f[ M.D.'s motions to compel discovery responses. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4t...
2018.8.9 Motion for Summary Adjudication 398
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.9
Excerpt: ...laintiff filed an amendment designating Nu-Era Home Health Agency, Inc. as Doe 1. LEGAL STANDARD CCP §437c(f)(1) states: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claim for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there i...
2018.8.9 Motion for New Trial 396
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.9
Excerpt: ... by LA County MTA, (3) liability against LA County MTA for violating its duties and responsibilities as a common carrier per Civil Codes §§2100, 2101, and 2103, and (4) premises liability. On July 21, 2016, plaintiff dismissed LA County MTA. On June 13, 2018, the court entered judgment in favor of defendants MV Transportation and City of Lynwood. On July 2, 2018, plaintiff filed notice of intention to move for new trial. On July 12, plaintiff f...
2018.8.8 Motion to Set Aside Default, Judgment 749
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.8
Excerpt: ...00 4700440051005700110003[ LEGAL STANDARD CCP § 473(b) provides that “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwi...
2018.8.8 Motion to Set Aside Default, Judgment 223
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.8
Excerpt: ... On July 24, 2018, the hearing was continued to the herein date to allow defendant to file a second addendum, including an unredacted copy of his driver's license. BACKGROUND On September 10, 2015, plaintiff Alma Alcaraz filed a complaint against defendants Poison Ivey, Inc., dba Poison Ivy, Harout Balyan, Eddie Shimonov, and Serge for premises liability. Plaintiff alleges that on September 13, 2014, plaintiff's co-employee and employee of defend...
2018.8.8 Motion to Deem Request for Admissions Admitted 552
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.8
Excerpt: ...ant Christopher Turpin (self-represented) filed a cross- complaint against Jennifer Pacelli. On July 10, 2018, Turpin filed a Notice of Association, stating that Hoan N. Nguyen, Esq. is representing him. Trial is set for August 21, 2018. LEGAL STANDARD Request for Admissions Pursuant to CCP § 2033.280(b), a party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted,...
2018.8.8 Motion to Compel Return of Privileged and Confidential Docs 842
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.8
Excerpt: ...ust LSR, Mr. Rooter Southbay LSE, Cal Pros, Inc., and Mr. Rooter Plumbing for motor vehicle negligence based on an incident that occurred on August 12, 2016. LEGAL STANDARD Evidence Code § 954 states: “Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if...
2018.8.8 Motion for Leave to Intervene 786
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.8
Excerpt: ...CCP §§ 387(d)(1) or (d)(2) (formerly 387(a)), Philadelphia Indemnity Insurance Company (“Philadelphia Indemnity”) requests leave to file an answer in intervention on behalf of its insured Prime Limousine Service, LLC (“Prime Limousine”) and to strike the answer filed by Prime Limousine on February 14, 2017. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding i...
2018.8.2 Motion to Dismiss 748
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.8.2
Excerpt: ...ndant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated April 19, 2018. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents)...

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