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 175,25
Array
(
)
2023.08.04 Motion for Leave to File TAC 976
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.04
Excerpt: ...f emotional distress, retaliation and negligence, which were included in the initial complaint, not present in the first amended complaint (allegedly due to plaintiff's mistake), and subject to demurrer in the second amended complaint because the court did not give leave to restore them. Plaintiff seeks to add new causes of action for unfair business practices and wrongful discharge in violation of public policy and seeks punitive damages. Courts...
2023.08.04 Motion for Attorney Fees 786
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.04
Excerpt: ...ing Pacific Horizon's use of the disputed easement to ingress and egress. The Meehans seek attorney's fees of $137,456.28 under California Civil Code §1717 and Article 5, Section 5.1 of the CC&Rs. A court may not award fees for legal work unrelated to a cause of action for which fees are authorized. Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 130. When all causes of action rely on the same facts, fees need not be apportioned between ca...
2023.08.03 Demurrer to FAC 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.03
Excerpt: ...the request for punitive damages. Levy A demurrer can be sustained when matters contained in attached exhibits contradict the allegations in the complaint. Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505. Levy demurs, arguing he was merely a member of defendant HLI Holdings, LLC and cannot be liable for the entity's torts or contractual obligations. Levy argues the purchase agreement (FAC, exh. 1) shows he was not a party to the...
2023.08.02 Motion for Summary Adjudication, to Seal 367
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.02
Excerpt: ...tir. A dispute arose between Davis and Rickel, culminating in Rickel's removal from the business. Davis and Rickel entered into a handwritten settlement agreement in 2014 under which Rickel gave up his interest in the business in exchange for a share of profits from “the fund's” future investments. On September 23, 2021 the court issued a ruling determining “the fund” referred only to DTS, not to all the Disruptive entities. Davis now mov...
2023.07.26 Motion for Judgment on the Pleadings 941
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.26
Excerpt: ...r judgment on the pleadings, arguing the claims are time-barred. A motion for judgment on the pleadings is functionally identical to a demurrer and may be made on the grounds that a cause of action is barred by the statute of limitations. Cal. Code of Civ. Proc. §438(c)(2)(A), Hunt v. County of Shasta (1990) 225 Cal.App.3d 432, 440. Breach of Note An action for failure to pay under a note payable on demand must be brought within six years of the...
2023.07.26 Demurrers, Motions to Strike FAC 418
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.26
Excerpt: ...laim. Caraballo and Athens demur breach of contract claim in the first amended complaint (FAC) and move to strike allegations Caraballo “defamed” plaintiff. Athens Demurrer The elements of a claim for breach of contract are (1) contract, (2) plaintiff's performance or excuse for nonperformance, (3) breach, and (4) damage. Otowroth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 458. The FAC alleges either that all Los Angeles r...
2023.07.25 Motion for Summary Judgment 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.25
Excerpt: ...l 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. Code §2924. Three months after ...
2023.07.25 Motion for Summary Judgment 331
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.25
Excerpt: ...ey's fees and costs. SM provides the lease and residential ledger reflecting lease payments made. SM Separate Statement 5-9. The declaration of general manager Nicole Brown states the ledger is kept in the ordinary course of business and is updated when a tenant makes a payment. Browne declaration ¶6. The ledger is admissible under the business records exception. The ledger and lease show the Ins failed to make required lease payments. This carr...
2023.07.21 Motion to Compel Arbitration 794
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.21
Excerpt: ...ld be stayed. The court allowed the parties to file additional briefing regarding applicability of Alberto v. Cambrian Homecare (2023) 91 Cal.App.5th 482, 486. In Alberto, the court held an arbitration agreement and confidentiality agreement should be read together since both were conditions of plaintiff's hiring and both governed disputes related to plaintiff's employment. The Alberto court held the confidentiality agreement was unconscionable f...
2023.07.21 Motion for Summary Adjudication 642
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.21
Excerpt: ...ove for summary adjudication of the Bus. and Profs. Code §7031 claim and adjudication of issues of duty connected to the breach of contract claim. Plaintiffs filed and withdrew a summary adjudication request as to treble damages. A plaintiff fulfills his or her initial burden on summary adjudication or judgment by proving each element of the relevant cause of action. Code of Civ. Proc. §437c(p)(1). The burden then shifts to defendant to show a ...
2023.07.19 Motion for Summary Adjudication 319
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.19
Excerpt: ...on her claims under the Unruh Civil Rights and Cal. Gov. Code §11135, arguing that UCLA's policy of allowing ‘incompletes' to remain visible on a student's transcript after a course has been completed disparately impacts disabled students. The Regents move for judgment on the pleadings on three of D.E.'s causes of action. Evidentiary Objections Objection 1 SUSTAINED (irrelevant, hearsay,) objections 2-3 OVERRULED, objections 4-5 SUSTAINED (hea...
2023.07.13 Demurrer to FACC 423
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.13
Excerpt: ...oss- complainants received shares of Halo stock. Cross-complainants allege the sale was fraudulently induced, with Halo misrepresenting its financial status, connections in the industry and compliance with relevant laws. Halo demurs to the first amended cross-complaint. Cancelled Entity 7PG Upon the filing a certificate of cancellation by a limited liability company, the company's “powers, rights, and privileges shall cease.” Cal. Corp. Code ...
2023.07.12 Demurrer 559
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.12
Excerpt: ... loud music, yelling, partying and noise from F&F, with disturbances continuing late at night. G8 alleges F&F's inadequate security measures endangered residents, including a shooting at F&F that shattered windows and damaged a resident's couch. The F&F defendants demur to the claims for public nuisance, private nuisance, interference with contractual relations, negligent interference with contractual relations, interference with prospective econ...
2023.07.12 Application for Writ of Attachment 642
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.12
Excerpt: ...venting delaying plaintiffs' move-in. A writ of attachment can issue where a claim for money based upon a written contract of a fixed or readily ascertainable sum in a commercial claim is in excess of $500 and unsecured by real property. Cal. Code of Civ. Proc. §484.090(a)(1). The claim upon which the writ is based must have “probable validity.” It must be more likely than not that plaintiff will obtain a judgment. Cal. Code of Civ. Proc. 48...
2023.07.11 Motion to Declare Vexatious Litigant, for Terminating Sanctions 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.11
Excerpt: ...o had adequately shown Visconti fulfilled the requirement set forth in Cal. Code of Civ. Proc. §391, commencing more than five unsuccessful litigations within the last seven years. The court declined to issue a final ruling declaring Visconti a vexatious litigant. Instead, the court scheduled an evidentiary hearing for Visconti to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti's brief for the evi...
2023.07.11 Motion to Compel Production of Business Records 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.11
Excerpt: ... Stang, Ziehl & Jones LLP (PSZJ) seeking communications with Stiffelman related to various topics, communications with investors in the project, communications with several named financial institutions related to the project, project-related communications with named third parties, and communications related to debts owed by Stiffelman. Under Cal. Code of Civ. Proc. §1985.3, if a subpoena seeks a consumer's personal records maintained by a witne...
2023.07.07 Demurrer 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.07
Excerpt: ...it contracted with VBA to complete the work, and VBA failed to pay $401,430.48 for materials and labor. VBA demurs. Breach of Contract A claim for breach of contract must specify whether the alleged contract is oral, written or implied by conduct. Cal. Code of Civ. Proc. §430.10(g). VBA argues the cross-complaint does not clearly allege the form of the contract, as required by §430.10(g). This objection is valid. The cross-complaint states “V...
2023.06.30 Motion to Require Filing of Notice of Satisfaction of Judgment 166
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.30
Excerpt: ...000 and $50,000. Vara made the first payment on February 2, 2023. The second payment was due on March 14, 2023. Vara states his assistant sent SCLU a check for $50,000 prior to that date, but the check was never received. SCLU initiated a sale of Vara's residence after failing to timely receive the second payment. Vara states he tendered a cashier's check totaling $55,381, representing the second installment plus interest, on May 30, 2023. SCLU r...
2023.06.30 Motion to Compel Arbitration 794
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.30
Excerpt: ...ver) and Gonzalez, Culver's president, move to compel arbitration pursuant to arbitration agreements signed in November 2010 and November 2020. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011)...
2023.06.28 Motion for Summary Judgment 331
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.28
Excerpt: ...ides the lease and residential ledger reflecting lease payments made. SM Separate Statement 5-9. The declaration of general manager Nicole Brown states the ledger is kept in the ordinary course of business and is updated when a tenant makes a payment. Browne declaration ¶6. The ledger is admissible under the business records exception. The ledger and lease show the Ins failed to make required lease payments. This carries SM's initial burden as t...
2023.06.26 Motion to Compel Further Responses 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.26
Excerpt: ...articipated in multiple informal discovery conferences and Rubin supplemented his responses several times, Stiffelman argues the responses are still insufficient and moves to compel further. Form Interrogatories Nos. 2.6 and 8.2 This asks for information related to Rubin's job and employer during the five years prior to the incident. Separate Statement pgs. 1-2. Rubin's last verified responses state he was employed as a manager for Glenroy Coache...
2023.06.23 Motion to Declare Vexatious Litigant, OSC Re Contempt 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.23
Excerpt: ...§391 by commencing more than five unsuccessful litigations within the last seven years. The court did not issue a final ruling to allow Visconti an opportunity to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti provides no arguments in support of the claims in the cross-complaint. Rather, she argues the prior lawsuits do not qualify her as a vexatious litigant under §391. Her exhibits do not addr...
2023.06.21 Motion to Compel Arbitration 177
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.21
Excerpt: ...to compel arbitration. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339, AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643, 650. A similar policy has been expressed by ...
2023.06.21 Motion for Summary Adjudication, for Sanctions 531
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.21
Excerpt: ...R3 and Cohen, arguing the instant MSA is duplicative of the motion denied in April 2021. MSA On April 14, 2021 the court denied a substantively identical MSA from Cohen and RC3 on the grounds that Schenly's reliance on a property broker's advice created a triable issue of fact as to gross negligence. See 4/14/2021 minute order pgs. 4-5. The instant motion includes no new arguments or evidence that could not have been included in the prior motion....
2023.06.13 Motion to Compel Further Discovery Responses 617
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.06.13
Excerpt: ...ied terminating sanctions but ordered Parker to supplement responses and appear for deposition within 30 days. Hanks moved again for terminating sanctions, arguing Parker failed to adequately supplement responses. On April 19, 2023 the court declined to issue terminating sanctions but agreed to re- consider the motion as a motion to compel further discovery responses. Parker was given leave to file a new opposition. Deposition On October 6, 2022 ...

658 Results

Per page

Pages