Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

658 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Mandel, Elaine W x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 222)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 292)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 225,25
Array
(
)
2023.04.19 Motions for Attorney Fees 806
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.04.19
Excerpt: ...anti-SLAPP motion. Doe seeks attorney's fees for prevailing on the anti-SLAPP motion and subsequent appeals, via two separate motions. The first motion seeks $231,606.25 for work by Martinez Law Group in the trial and appellate courts. The second seeks $750,000 for Sidley Austin and Bryan Cave's work before the Supreme Court. On January 25, 2023, the court heard plaintiffs' motions for attorney's fees. The motions were continued to permit Doe to ...
2023.04.18 Motion to Vacate Arbitration Award 703
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.04.18
Excerpt: ...final award denied plaintiff's claims, while awarding Chelico attorney's fees, expert witness fees and deposition costs arising out of Labor Code claims resolved before arbitration. Chelico decl. ¶¶1-2. Chelico argues the arbitrator's conduct and decisions showed bias towards Gearys, justifying a set aside of the award. An arbitration award is subject to limited judicial review, with all presumptions drawn in favor of the award's validity. E.g....
2023.03.30 Motion to Dismiss for Failure to Bring to Trial 036
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.30
Excerpt: ...ars after the action is commenced against the defendant." Cal. Rules of Court Emergency Rule 10(a): issued in response to the COVID-19 pandemic, provides "for all civil actions brought on or before April 6: 2020 the time in •which to bring the action to trial is extended by six months for a total of five years and six months. Without Rule 10(a): this matter would hme been required to be brought to trial by March 23 2023 _ Rule 10(a), however: e...
2023.03.30 Demurrer to FAC 184
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.30
Excerpt: ...steer customers towards Cliffside Malibu: a rehabilitation center owned by defendant Taite: and away from competitors such as Passages. Grasshopper alleges The Fix published a review about Passages that wrongfully concealed its bias, falsely stated its review of Passages was based on Ivritten surveys from former patients and failed to disclose that its reviews were really advertising for Cliffside. Plaintiff made the same allegations in a federal...
2023.03.24 Motion to Quash Deposition Subpoena 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.24
Excerpt: ...must be given at least five days prior to the production date: but courts have the authority to consider an untimely motion to quash. Cal. Code of Civ. Proc. Slage v. Superior Court (1989) 211 Cal_App.3d 1309: 1312. Discovery is not limitless: and discovery requests that do not seek relevant information or ivhich impose a burden that outweighs the likelihood of discovering relevant infonnation are prohibited. E.g. Calcor Space Facüity, Inc. v. S...
2023.03.23 Demurrers to FAC, Motions to Strike 353
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.23
Excerpt: ...r privacy by using her phone to post positive online revieivs of himself Finally: plaintiff alleges Ellenbogen sexually harassed her, making unwanted sexual advances. Defendants Desai and Ellenbogen each demurs and moves to strike punitive damages requests. Ellenboeen Demurrer/Motion to Strike Demurrer- Breach of Contract Generally: when a patient claims to be dissatisfied due to alleged medical mistake, the action sounds in professional negligen...
2023.03.22 Motion to Quash Service of Process 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.22
Excerpt: ...n is pending. Cal. Code of Civ. Proc. "12.20(a). Knapp moves to quash because the summons does not include the court's seal. Knapp declaration '2. Plaintiff acknowledges the original summons did not include a seal, but the summons has been served again, including a stamp of the court's seal. Gore declaration "12-3. The new summons is proper, mooting this motion. Knapp argues a seal cannot be affixed to a summons with an ink stamp and must use a w...
2023.03.21 Motion for Summary Judgment 786
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.21
Excerpt: ... as their agent in a dispute over use of the street Plaintiff alleges the Meehans wrongfully blocked Horizon interfering with their tenants: use of the property. Defendants Meehan mcne for summary judgment Objections: Plaintiff objection 1 OVERRULED. Scott Meehan objection 1 0\ÆRRULED; objection 2 OVERRULED; objection 3 OVERRULED; objection 4 SUSTAINED (lack of foundation): objection 5 OVERRULED; objection 6 OVERRULED; objection 7 OVERRULED; obj...
2023.03.17 Demurrer 118 (2)
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.17
Excerpt: ...s not oppose. A demurrer is an all-or-nothing procedure: meaning a party cannot demur to part of a cause of action. People v. Union Pacific Railroad Co. (2006) 141 CalApp_4th 1228, 1243. Unfair Competition California' s Unfair Competition statute provides a private cause of action for "unlawftl, unfair or fraudulent" business acts or practices. Cal. Bus. & Prof. Code Sl 7200 et_ seq. Optimum and Smiley argue this claim is based on allegations tha...
2023.03.15 Motion for Summary Adjudication, for Leave to Amend 557
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.15
Excerpt: ...ication. Evidentiary Objections Objections 1-3 OVERRULED (lack of authentication/improper expert testimony); objections 4-6 OVERRULED; objection 7 OVERRULED (lack of personal knowledge, legal conclusion); objections 8-9 OVERRULED (relevance). Shed Claims Mardirossian argues all claims arising out of the shed, including private nuisance, trespass, negligence and ejectment, are moot because the shed has been removed. Howarth admitted in response to...
2023.03.10 Motion for Summary Judgment, Adjudication 961
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.10
Excerpt: ...te purchase agreement (RPA) that would govern the sale following an exercise of the purchase option. Later, the option contract was amended and the RPA deleted. Defendant Kelly Phelps, plaintiffs' realtor, initially worked for defendant R&LS Investments, Inc. dba Keller Williams and later began working for defendant Pacific Union. Plaintiffs allege the realtor defendants failed to uphold their duties of care during formation and execution of the ...
2023.03.02 Special Motion to Strike, Demurrer, Motion to Strike 361
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.02
Excerpt: ...is stake in the fund's investments. Bar-Ziv and Blue Sparrow move to strike the first through fourth and seventh causes of action for wrongful termination, interference with contractual relations, defamation, breach of the covenant of good faith and faith and fair dealing and violation of the California confidentiality of medical information act, arguing these claims arise out of activity protected by the anti-SLAPP statute. They also demur to th...
2023.03.01 Motion to Reclassify Unlimited Civil Case to Limited Civil Case, for Leave to File FAC 519
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.03.01
Excerpt: ...endants failed to fix it. Eckhaus sues for breach of the warranty of merchantability under Cal. Civ. Code §1791 et seq., the Song-Beverly Act. Defendant McLaren Automotive (MAI) argues discovery revealed Eckhaus suffered no damages, making no lease payments or incurring any other expenses related to the vehicle. MAI seeks to reclassify the matter as limited civil. On January 13, 2021, the court issued a tentative ruling granting the motion. The ...
2023.02.28 Motion to Dismiss Action, for Monetary Sanctions 399
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.28
Excerpt: ...urt would consider terminating sanctions if Albinali again failed to comply. Defendant Calvert moves for terminating sanctions, as Albinali failed to appear. A court may order sanctions, up to and including terminating sanctions, for disobeying a discovery order. Cal. Code of Civ. Proc. §§ 2023.010, 2023.030. Terminating sanctions are meant to be remedial, not punitive, and should generally not be imposed unless lesser sanctions fail to induce ...
2023.02.24 Motion to Quash 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.24
Excerpt: ...art Rubin's brother, seeking records and communications related to the project, and other development projects involving Stuart Rubin. Dr. Rubin, Stiffelman's former client, argues the subpoena violates attorney-client privilege and improperly seeks to weaponize confidential client information. Dr. Rubin also argues the subpoena's requests are overly broad, uncertain and oppressive. An attorney is forbidden to use against a client knowledge or in...
2023.02.10 Demurrer, Motion to Strike SAC 976
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.10
Excerpt: ... punitive damages from the SAC. On 10/13/2022 the court sustained a prior demurrer with leave to amend the FAC to provide facts as to the nature of the Bane/Ralph act violation allegations and to clarify Chompol and Sweeney's liability. Corporate officers are not liable for a corporation's wrongdoing by virtue of their status as officers or directors; they are liable only if they personally direct, ratify or participate in tortious conduct. Reyno...
2023.02.08 Motion for Protective Order 273
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.08
Excerpt: ...Professional Conduct Rule 3.7(a) provides that a lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness. Under the advocate-witness rule, “an attorney who intends to testify at trial may not participate in any pretrial activities which carry the risk of revealing the attorney's dual role to the jury.” In some instances, rule 3.7 prevents a testifying attorney from participating in pretrial litigation, suc...
2023.02.03 Demurrer to FAC 098
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.03
Excerpt: ...her requests for reasonable accommodations, and the hotel and its amenities were inaccessible and/or dangerous. Defendant Palmetto Hospitality demurs to causes of action for intentional infliction of emotional distress and false imprisonment. Intentional Infliction of Emotional Distress (IIED) A cause of action for intentional infliction of emotional distress requires conduct “so extreme as to exceed all bounds of that usually tolerated in a ci...
2023.02.02 Special Motion to Strike 130
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.02
Excerpt: ... complaint (TACC), containing causes of action for negligent infliction of emotional distress and abuse of process. Aimco moves to strike under California's anti-SLAPP statute. Courts resolving an anti-SLAPP motion under Cal. Civ. Code §425.16 must follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In the prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from t...
2023.02.01 Motion to Strike Claim for Punitive Damages 212
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.01
Excerpt: ...im harassing messages, interfering with his business relationships and damaging and/or stealing property. Vandenberg cross-complained, alleging Hall threatened and intimidated her, prevented her from accessing anxiety medication, kicked her out of their shared residence, and interfered with her business relationships. Hall moves to strike Vandenberg's request for punitive damages. If a plaintiff seeks punitive damages but does not specifically al...
2023.02.01 Motion for Summary Adjudication 427
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.01
Excerpt: ...against Bestland, alleging a contractual duty to defend, indemnify and hold harmless and moves for summary judgment, arguing Bestland failed to defend. Bestland's contract with Oh obligates it to “defend, indemnify and hold harmless Owner from and against any claims, allegations, damages, awards, judgments and expenses of any kind or character . . . which may arise out of or result from in whole or in part from Contractor, Contractor's subcontr...
2023.01.31 Motion to Set Aside Default Judgment 941
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.31
Excerpt: ...s unavailable when more than six months pass after the entry of default; relief under §473.5 becomes unavailable the earlier of two years after the entry of default judgment or 180 days after written notice that default judgment has been entered. Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735 fn. 3. A court may vacate default on equitable grounds, such as extrinsic fraud or extrinsic mistake, even if statutory relief is...
2023.01.31 Motion for Preliminary Injunction 556
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.31
Excerpt: ...om the property. Landlord Tana moves for a preliminary injunction, asking the court to order the De Julios to remove all personal possessions, so she can make repairs and rent the property. 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. ...
2023.01.27 Demurrer to TAC 035
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.27
Excerpt: ...ve to amend as to the nuisance cause of action. Plaintiffs' third amended complaint contains a single cause of action for private nuisance. Defendants demur. A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plai...
2023.01.26 Motion for Summary Judgment 051
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.26
Excerpt: ...n denying summary judgment on the grounds that there was a triable issue of fact regarding the issue of collapse. After oral argument, the court again continued and requested further supplemental briefing as to disputed fact #3 stating defendant's administrator allegedly told plaintiff the remaining portion of the balcony still attached to the property should be “professionally secured,” section E8A2 of the policy stating “[a] building or a...

658 Results

Per page

Pages