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2024.05.16 OSC Re Preliminary Injunction 329
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ...n has been filed. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non- moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the merits. IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70. When a strong showing is made on one of these two elements, the showing as to the other element does not need to be as stron...
2024.05.16 Motion for Undertaking 447
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...
2024.05.15 Special Motion to Strike 144
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.15
Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...
2024.05.14 Motion for Attorney Fees 618
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.14
Excerpt: ...n 38.2 hours at a market rate of between $550 and $800 an hour with an enhancement/multiplier, for a total of 38.2 hours at $1,100 an hour for a subtotal of $42,020; plus an additional $7,150, representing a total 13 hours incurred and estimated at the lower end $550 an hour without enhancement for the time relating to the making of the motion for attorney's fees. Judicial Notice Robles requests the Court to take judicial notice of the follow...
2024.05.13 Motion to Compel Arbitration 136
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.13
Excerpt: ...Quantinal moves to compel arbitration pursuant to the agreements. California public policy strongly favors arbitration as an efficient alternative to litigation. Code Civ. Proc. §1280, et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve doubts as to whether a dispute f...
2024.05.09 Special Motion to Strike 848
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...a municipal code violation claim against the neighbors. Plaintiff alleges negligence, negligent supervision, negligence per se, vicarious liability and declaratory relief against defendants City and the employee defendants. Defendants file an anti -SLAPP motion to strike the first and third through fifth causes of action and a demurrer to the complaint. Special Motion to Strike (Anti- SLAPP) Courts resolving an anti -SLAPP motion under Cal. Civ. ...
2024.05.09 Motion to Strike 187
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...r Park Properties, LLC (Los Angeles Superior Court Case No. BC339033) (“Original Action”). Plaintiff is the assignee of KGMAC, LLC. Dickens and Victor Noval Sr. (“Noval Sr.”) were managing members of Tower Park when judgment was entered in the Original Action. In 2008 Dickens and Noval Sr. filed for Chapter 11 bankruptcy protection for Tower Park. One of Tower Park's assets is the “Mountain,” 157 acres in Beverly Hills. With the Mount...
2024.05.09 Motion to Set Aside Default Judgment 101
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...defendant Schwarz. Defendant alleges she vacated the premises from 2/12/23-4/23 due to mold, water and fire damage at the property. Schwarz decl., para. 3. Defendant was allegedly substitute served on 5/20/23. Per the process server Alpisa, a Jane Doe was served. Defendant Schwarz alleges she was in Cannes, France at that time (5/14/23-5/23/23) and had no co- occupants. Schwarz decl., para. 5. Defendant argues the proof of service is false, as sh...
2024.05.08 Petition for Relief from Claim Presentation Requirements of Government Code 120
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.08
Excerpt: ...ew respondents”) during a protest in Santa Monica on May 31, 2020. Petitioner failed to present a claim against new respondents within the six -month period provided by Gov. Code section 911.2 due to alleged inability to identify those law enforcement officers as being from a department other than the City of Santa Monica. Petitioner timely filed a claim for damages with the federal court on July 7, 2020, against Santa Monica and filed a compla...
2024.05.07 Demurrer, Motion to Strike 829
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.07
Excerpt: ...ve damaged plaintiffs' retaining wall. Complaint ¶13 -17. Defendant Fadia cross- complained alleging negligence; breach of CC& Rs; slander of title; and permanent trespass. Defendant alleges the retaining wall was not build in compliance with the CC&Rs, and plaintiffs failed to maintain the wall. Cross -Compl. ¶14- 17. Fadia demurs and moves to strike. Demurrrer Nuisance Fadia argues the claim is barred by the statute of limitations, as the all...
2024.05.06 Motion for Leave to Amend Complaint 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...
2024.05.06 Motion for Attorney Fees 128
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...
2024.05.03 Demurrer 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.03
Excerpt: ...rimination (FEHA); (2) hostile work environment (FEHA); (3) retaliation (FEHA); (4) failure to prevent discrimination, harassment and retaliation (FEHA); (5) retaliation (Labor Code §1102.5); (6) retaliation (Labor Code §98.6); (7) retaliation (Labor Code §6310; (8) wrongful termination; (9) sexual battery; (10) gender violence; (11) negligent supervision and retention; and (12) intentional infliction of emotion distress. Plaintiff was employe...
2024.05.02 Special Motion to Strike TACC 214
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.02
Excerpt: ...e by's International. On July 5, 2023 the parties represented to the court that a settlement agreement had been signed. On December 20, 2023 this court denied Kaplan's motion to enforce settlement on the grounds that Elaine Cohen had not signed the agreement. Kaplan filed a Third Amended Cross -Complaint (TACC) on January 26, 2024, adding claims for breach of settlement agre ement, negligent misrepresentation and fraud against the Cohens and thei...
2024.05.02 Demurrer to SAC 581
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.02
Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...
2024.05.01 Demurrer to FAC, Motion to Strike 183
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.01
Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...
2024.04.30 Motion to Strike Special and Punitive Damages 402
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.30
Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...
2024.04.26 Motion for Terminating Sanctions, to Set Aside Order, for Reconsideration 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.26
Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...
2024.04.25 Motion for Stay of Discovery Pending Resolution for Parallel Criminal Proceedings 591
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.25
Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...
2024.04.25 Demurrer to FAC, Motion to Strike 014
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.25
Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...
2024.04.25 Demurrer 779
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.25
Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...
2024.04.24 Demurrer 964
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.24
Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...
2024.04.23 Motion to Set Aside Default 208
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.23
Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...
2024.04.23 Motion to Dismiss or Stay on Grounds of Inconvenient Forum 315
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.23
Excerpt: ... not opposed. The defendant served this motion by mail and email on March 21, 2024 (03/21/24 proof of service). Defendant's request for judicial notice of the complaint filed January 22, 2024 and Exh. A thereto is GRANTED, as it is a court document under Evidence Code 452(d). The court does admit the documents for their truth. Code of Civil Procedure section 410.30 states: “(a) When a court upon motion of a party of its own motion finds that in...
2024.04.23 Motion for Stay of Proceedings, Demurrer to FAC 981
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.23
Excerpt: ...Health Care claims and medical supplement claims; and (3) money had and received. Blue Shield paid AOC for emergency medical services provided to its plan members. The FAC alleges AOC was paid reasonable market value and/or certain claims were properly denied in whole or in part in accord with applicable law, relevant plan terms and industry/regulatory standards. AOC moves for an order staying this proceeding in light of the pendency of proceedin...

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