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 150,25
Array
(
)
2023.10.03 Motion for Summary Judgment 785
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.03
Excerpt: ...were never removed. Evidentiary Objections OVERRULED. A court determining a summary judgment motion applies a three-step process: (1) identifying the issues, (2) determining whether moving party made an adequate showing that negates the opponent's claim, and (3) determining whether the opposing party raised a triable issue of fact. Bostrom v. County of San Bernardino (1995) 35 Cal.App.4th 1654, 1662. A defendant moving for summary judgment has th...
2023.09.29 Demurrer, Motion to Strike 370
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.29
Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...
2023.09.29 Demurrer, Motion to Strike 200
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.29
Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...
2023.09.28 Motions to Quash Deposition Subpoenas 490
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.28
Excerpt: ...f's medical provider and health insurer), Sutton Place Apartments, Ocean Park Boulevard (plaintiff's prior landlords) and Mercury Insurance Company (rental insurance provider). Delakas argues the subpoenas are overly broad and burdensome. While some medical records may be discoverable, as plaintiff put her physical and mental health at issue, the subpoenas to Fried, the Sleep Institute and Aetna seek all records concerning treatment without limit...
2023.09.28 Motion for Attorney Fees 018
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.28
Excerpt: ...nts had been satisfied. Based largely on this ruling, the court issued judgment on the pleadings for defendants. Defendants seek prevailing party attorneys' fees on the grounds that one of the judgments included an attorney's fee provision. Attorney's fees incurred in enforcing a judgment are recoverable if the underlying judgment includes an award of attorney's fees. Cal. Code of Civ. Proc. §685.040. This applies to later actions against third ...
2023.09.26 Motion for Judgment on the Pleadings 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.26
Excerpt: ...ee the project. Plaintiff alleges Joseph assisted his father Stuart in a conspiracy to misappropriate project funds. The court will refer to the Rubin defendants by their first names to distinguish the parties. Defendant Joseph Rubin's Motion for Judgment on the Pleadings Joseph moves for judgment on the pleadings, arguing the first amended complaint includes no specific allegations against him, and its allegations contradict Stiffelman's sworn t...
2023.09.20 Motions to Quash Deposition Subpoenas 557
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.20
Excerpt: ...se nuisance and that Mardirossian's chain link fence trespasses onto his property. Mardirossian moves to quash deposition subpoenas for production of business records from his law firm, Mardirossian Akagarian (MA). Hartunian/Festa Subpoenas for Business Records Howarth served subpoenas on Rich Festa, a State Farm employee, and Avo Harutunian, Farmers Insurance employee, seeking documents and communications related to fire insurance for Mardirossi...
2023.09.20 Demurrer, Motion to Remove Mechanic's Lien 991
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.20
Excerpt: ...echanic's lien. Breach of Contract The breach of contract claim does not allege a contract between Puryear and Groundtech, and the contract does not name Puryear as a party. Complaint ¶¶14-19, Exhibit 1. The complaint alleges RDG breached its subcontract by failing to pay Groundtech but does not state an obligation that Puryear allegedly failed to fulfil. Complaint ¶¶17-19. The complaint fails to adequately allege a contract claim against Pur...
2023.09.19 Motion for Leave to File FAC 974
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.19
Excerpt: ...fair business practices and requesting injunctive relief. There is a strong public policy in favor of allowing amendments to pleading. Mesler v. Bragg Mgmt. Co. (1985) 39 Cal.3d 290, 296. Generally, unless there is prejudice to the opposing party or unreasonable delay, it is an abuse of discretion to deny leave to amend at any stage of litigation. A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068. Discovery is ongoing, and trial has...
2023.09.14 Petition to Compel Arbitration 574
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.14
Excerpt: ...alifornia public policy favors arbitration. People v. Mapblebear Inc. (2022) 81 Cal.App.5th 923, 930. Absent fraudulent inducement, a party cannot avoid enforcement of an arbitration agreement because the party has limited proficiency in the English language. Caballero v. Premier Care Simi Valley LLC (2021) 69 Cal.App.5th 512, 519. It is incumbent upon the party with limited English proficiency to inform the other party and request to have it rea...
2023.09.13 Motion for Summary Judgment, Adjudication 009
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.13
Excerpt: ...me barred, and undisputed expert evidence shows Kohan did not breach the standard of care. Kohan's Evidentiary Objections All objections OVERRULED. Statute of Limitations Cal. Code of Civ. Proc. §340.5 states a one-year statute of limitations for medical negligence claims, which applies if the gravamen of the claim is the manner in which the professional rendered health care services. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th ...
2023.09.13 Demurrer, Motion to Strike 639
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.13
Excerpt: ...lliams used his position for self- dealing, reimbursing himself for personal expenses, paying himself an unauthorized salary and negligently managing Metro's properties and finances. Williams demurs to portions of the first amended complaint and moves to strike the request for punitive damages. Shareholder Derivative Claims (First, Third, Sixth, and Ninth Causes of Action) For a shareholder to bring a derivative action on behalf of a corporation,...
2023.09.06 Demurrer, Motion to Strike Portions of TACC 336
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.06
Excerpt: ... to pay rent under the guaranty agreement and defamed him by accusing him of domestic violence. Breach of Contract Under Cal. Civ. Code §2815, “a continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration which he does not renounce.” A third party cannot enforce a contract, even if he is incidentally benefitted by it, unless it is “the intention of the part...
2023.09.05 Motion to Strike 765
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.05
Excerpt: ...aintiff's rights,” unintentional harm can nonetheless constitute malice or oppression for the purposes of awarding punitive damages. Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.702, 716. The Amron defendants argue the FAC does not allege intentional conduct or aggravating circumstances or rise to the level of “despicable” conduct required for punitive damages. The FAC alleges defendants were aware their dog had a vicious nature and pr...
2023.09.01 Motion for Preference 634
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.01
Excerpt: ...mith, signed an arbitration agreement on August 17, 2021 applying to any claim or controversy arising out of care at Terraza Court. Plaintiff Smith moves for trial priority; defendants move to compel arbitration. Trial Preference Under Cal. Code of Civil Procedure §36(a), a court will grant trial preference to a party to a civil action over 70 years old if the party has a substantial interest in the action, and the party's health is such that pr...
2023.08.31 Demurrer to FACC, Motion to Strike 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.31
Excerpt: ...fired De Mill, then contracted directly with Wittrock to complete the work. Wittrock alleges it agreed to stay on the job if VBA paid outstanding amounts owed by De Mill; VBA allegedly failed to make required progress payments and denied existence of a direct contract with Wittrock. VBA demurs to the first amended cross-complaint. Standing/Licensing Under Cal. Code of Civ. Proc. §7031, a contractor cannot recover compensation for performance und...
2023.08.31 Demurrer 693
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.31
Excerpt: ...lack of consent and (3) harm. CACI 1300. The battery claim is alleged against unnamed doe defendants. Defendants Giacomino Drago, Il Pastaio, FSC Corporation dba Il Pastaio, Celestino Drago and Steven Piano (collectively the restaurant defendants), previously named as Does 1-5, demur. The complaint does not clarify how any restaurant defendant is liable for battery. It lacks specific allegations that restaurant employee defendants shot plaintiffs...
2023.08.22 Motion to Strike 765
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.22
Excerpt: ...ights,” unintentional harm can nonetheless constitute malice or oppression for the purposes of awarding punitive damages. Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.702, 716. The Amron defendants argue the FAC does not allege intentional conduct or aggravating circumstances or rise to the level of “despicable” conduct required for punitive damages. The FAC alleges defendants were aware their dog had a vicious nature and propensity to...
2023.08.09 Motions for Relief from Waiver of Objections and Privilege Claims 228
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.09
Excerpt: ...due June 5, 2023. Volkswagen responded two days late (June 7), with verifications sent June 10, 2023. Volkswagen moves for relief from its waiver of objections due to untimely discovery responses. A court may relieve a party from waiver of objections to discovery requests for failure to timely respond if the moving party shows responses were subsequently served, the responses are in substantial compliance with the statute, and the failure was the...
2023.08.09 Motion for Summary Judgment 961
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.09
Excerpt: ... an option contract whereby Jones could purchase the property for $2,275,000. The initial version of the option included a copy of a form real estate purchase agreement (RPA) that would govern the sale following exercise of the purchase option. Later, the option was amended deleting the RPA and listing the terms of the purchase agreement. Plaintiffs allege they attempted to exercise their option on November 22, 2021, but Farmer refused to perform...
2023.08.09 Motion for Leave to File FACC 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.09
Excerpt: ...vements. Busiashvili cross-complained seeking an easement. She moves to amend, adding a claim for adverse possession. The case was filed January 30, 2019; trial is set for September 18, 2023. Courts are to liberally exercise discretion to allow amendments to pleadings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave to amend may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of C...
2023.08.08 Motion to Tax Costs 166
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.08
Excerpt: ...hich the court granted in part, reducing the fees to $18,298.00. On June 30, 2023 SCLU filed another memorandum of costs after judgment, seeking $55,862.55 in post-judgment attorney's fees. Vara moves to strike and/or tax. A trial court has discretion to disallow recovery of costs if it determines they lack sufficient evidentiary support or were incurred unnecessarily. See, e.g., Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th ...
2023.08.08 Motion for Summary Judgment 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.08
Excerpt: ...ng plaintiff meets the initial burden if they present evidence proving each element of the cause of action. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A successor-in-interest to a beneficiary foreclosing on a deed of trust may prosecute an unlawful detainer. Dr. Leevil, LLC v. Westlake Health Care Center (2018) 6 Cal.5th 474, 483- 484. After default on a deed of trust, the trustee is to record a notice of default. Cal. Civ. Cod...
2023.08.07 Demurrer, Motion to Strike 993
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.07
Excerpt: ...business for decades, contributing capital, participating in meetings and receiving distributions. The court uses first names of the various Harkham parties for ease of reference. Terry alleges Efrem and his son Aron deny his status as partner, refusing to distribute profits from the hotel's sale and preventing him from inspecting books and records. Terry also alleges Efrem and Aron engaged in self-dealing, taking out loans against the hotel for ...
2023.08.04 Petition to Compel Arbitration 897
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.04
Excerpt: ...vailability. Shamooil moves to compel. Under Cal. Code of Civ. Proc. §1281.2, a court shall order a controversy to be arbitrated if it determines that a valid agreement to arbitrate the controversy exists. Plaintiff properly noticed and served a petition to compel arbitration pursuant to the arbitration provision in her policy. Plaintiff abided by the provision's requirements, including demanding arbitration and proposing arbitrators. State Farm...

658 Results

Per page

Pages