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2023.01.27 Demurrer, Motion to Strike 905
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.27
Excerpt: ...'s LLC; LAFAC Sports, LLC; Contemporary Services Corporation; and Does 1 to 20. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence; 2) Negligence – Premises Liability; 3) Negligent Infliction of Emotional Distress (NIED); and 4) Intentional Infliction of Emotional Distress (IIED). On August 08, 2022, Defendants Bobby Dee Presents, Inc. (“Bobby Dee”) and Snoop Dogg's LLC (“Snoop Dogg”) filed a demurre...
2023.01.26 Request for Entry of Default Judgment 836
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.26
Excerpt: ... violations of the Unruh Act under Civil Code section 52(a). On October 03, 2022, default was entered against Defendant 1895 W. Adams, LLC. On December 14, 2022. Does 1 to 10 were dismissed from the action. On December 14, 2022, Plaintiff moved for default judgment. LEGAL STANDARD CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court m...
2023.01.25 Motion to Compel Arbitration and Stay Proceedings 956
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.25
Excerpt: ...tration and Stay Proceedings. Plaintiff filed opposing papers on January 11, 2023. Nissan filed a reply on January 18, 2023. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4t...
2023.01.25 Demurrer to FAC, Motion to Strike 233
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.25
Excerpt: ...aragraphs 72, 84, 139, 141, 145, and 163 is GRANTED WITH 30 DAYS LEAVE TO AMEND. The Motion to Strike Paragraphs 107, 114, 182, 191, and Prayer for Punitive Damages is DENIED. The Motion to Strike the second cause of action is MOOT. BACKGROUND On March 01, 2022, Plaintiffs Carolyn Allred and Lola Selah Rois Allred, by and through her guardian ad litem, Carolyn Allred, filed a Complaint against Charmaine Collins Charles; Leslie Charles; and Does 1...
2023.01.24 Motion to Compel Deposition of PMK, Custodian of Records 005
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.24
Excerpt: ...merica Inc. (“Kia”) and Does 1 to 10 for violations of the Song-Beverly Act. On September 29, 2022, Plaintiffs filed a Motion to Compel Kia's Person Most Knowledgeable (PMK) and Custodian of Records. Kia filed opposing papers on January 10, 2023. Plaintiffs filed a reply on January 17, 2023. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿...
2023.01.24 Demurrer, Motion to Strike 713
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.24
Excerpt: ...2013 Laguna Trust; and Does 1 to 100. The Complaint alleges causes of action for: 1) Violation of California Civil Code § 1942.4 2) Tortious Breach of the Warranty of habitability 3) Private Nuisance 4) Business and Professions Code § 17200, et seq. 5) Negligence 6) Breach of Covenant of Quiet Enjoyment 7) Intentional Infliction of Emotional Distress 8) Negligent Hiring, Retention, and Supervision 9) Negligence Per Se 10) Violation of Retaliato...
2023.01.23 Motion for Leave to File SAC 730
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.23
Excerpt: ...hemicals, Inc; Mutiu Olatunji Durosinmi-Etti; and Does 1 to 10. The operative First Amended Complaint alleges causes of action for: 1. Breach of Contract/Specific Performance 2. Breach of Contract 3. Promissory Estoppel 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Declaratory Relief 6. Constructive Trust On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Ch...
2023.01.13 Demurrer, Motion to Strike 737
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.13
Excerpt: ...ornia, LAFC Sports, LLC; Major League Soccer, LLC; CISS Management Group; CI Security Specialist, Inc. and Does 1 to 100. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence (Wrongful Death); 2) Negligence (Survival Action); 3) Premises Liability (Wrongful Death) 4) Premises Liability (Survival action); 5) Negligent Hiring/Retention/Supervision Training (Wrongful Death); and Negligent Hiring/Retention/Supervisi...
2023.01.11 Request for Entry of Default Judgment 446
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.11
Excerpt: ...lue; 4) Breach of Contract; and 5) Personal Guarantee. Proof of Service by Substituted Service on Defendants Boondock, Inc and Nicholas F. Devane was filed on October 24, 2022. Default was entered against the Defendants on December 14, 2022. On December 29, 2022, Does 1 to 10 were dismissed. Plaintiff now moves for Default Judgment against the Defendants in the amount of $55,417.85. LEGAL STANDARD Code Civil Procedure section 585 permits entry of...
2023.01.11 Demurrer, Motion to Strike 905
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.11
Excerpt: ... Snoop Dogg's LLC; LAFAC Sports, LLC; Contemporary Services Corporation; and Does 1 to 20. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence; 2) Negligence – Premises Liability; 3) Negligent Infliction of Emotional Distress (NIED); and 4) Intentional Infliction of Emotional Distress (IIED). On July 18, 2022, Defendants Live Nation Worldwide, Inc. (“Live Nation”) and C3 Presents, LLC (“C3”) filed a d...
2023.01.11 Demurrer, Motion to Strike 511
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.11
Excerpt: ...C) alleges causes of action for: 1) Sexual Harassment in Violation of the Unruh Civil Rights Act; 2) Sexual Based Discrimination in Violation of the Unruh Civil Rights Act; 3) Gender Violence in Violation of California Civil Code 52.4; 4) Breach of Contract in Violation of Civil Code 1622; 5) Negligence in Violation of Cal. Civ. Code 174; 6) Conversion in Violation of Cal. Civ. Code 3336; 7) California Civil Conspiracy AND; 8) Intentional Inflict...
2023.01.10 Motion for Summary Judgment 516
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.10
Excerpt: .... 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. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment ...
2023.01.10 Motion to Quash Service of Summons 715
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.10
Excerpt: ...o compel arbitration was granted. The parties proceeded with arbitration before JAMS as well as written discovery. On September 15, 2020, Plaintiff was deposed. BAHCI refused to produce any witnesses for deposition and proceeded to file for Chapter 7 bankruptcy. Since BAHCI refused to pay the arbitrator no further arbitration proceedings took place and this Court granted Plaintiff's motion to remand on May 6, 2021. On October 11, 2022, Plaintiff ...
2023.01.09 Motion to Compel Arbitration and Stay Proceedings 087
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.09
Excerpt: ...3.2(b) of the Song-Beverly Act; 3) Section 1793.2(a)(3) of the Song-Beverly Act; 4) Breach of Express Written Warrant; 5) Breach of Implied Warranty of Merchantability; 6) Violation of the Magnuson-Moss Warranty Act; and 7) Fraud by Omission. On December 01, 2022, Defendant Nissan moved to Compel Arbitration and Stay Proceedings. Plaintiff filed opposing papers on December 23, 2022. Nissan filed a reply on December 30, 2022. LEGAL STANDARD Partie...
2023.01.09 Motion for Relief from Waiver of Objections 305
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.09
Excerpt: ... 2021, Plaintiff Ramon Corona Ortiz filed a Complaint against Defendant General Motors, LLC (“GM”) and Does 1 to 10 for: 1) Violation of the Song-Beverly Act – Breach of Express Warranty 2) Violation of the Song-Beverly Act – Breach of Implied Warranty On December 13, 2022, Plaintiff's Motion to Compel Deposition of GM's Person(s) Most Qualified (PMQ) and Custodian of Records was GRANTED. On December 1, 2022, GM moved for Relief from Waiv...
2023.01.06 Motion to Seal 158
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.06
Excerpt: ...nd 39, 44, 49, 50, 55, 60 to 61, 70, 71, and 75 should be sealed. Moving party to give notice. BACKGROUND In this action, several sheriff's deputies (“Plaintiffs”) who were formerly assigned to the East L.A. station allege that they were pressured to quit their jobs or leave the station and that they were otherwise harassed by other deputies who are alleged members of a gang known as the Banditos. The operative Sixth Amended Complaint alleges...
2023.01.06 Motion to Compel Further Responses 435
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.06
Excerpt: ...tant action against Defendants Creative Artists Agency, LLC (“CAA”); Andrew Miller; Leah Yerushalaim; and Does 1 to 10. The The operative First Amended Complaint (FAC) asserts causes of action for: 1. Breach of Fiduciary Duty and Confidentiality; 2. Breach of Contract; and 3. Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff is a professional television writer and was represented by Defendant CAA through Defendants Miller a...
2023.01.06 Motion for Attorney Fees 586
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.06
Excerpt: ...t stated. Plaintiff alleges Defendants borrowed money from Plaintiff and failed to repay him. GGB was served with a copy of the summons and complaint on September 1, 2021. (Fine Decl. ¶ 14, Ex. 6.) Default was entered against GGB on October 13, 2021. (Fine Decl. ¶ 15, Ex. 7.) On November 14, 2022, Summary Judgment was granted in favor of Plaintiff and against Defendant Terri Lee Barnardi. On November 17, 2022. Defendant Terri Bernardi filed an ...
2023.01.06 Demurrer, Motion to Strike 222
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.06
Excerpt: ... 2) Violation of Civil Code section 1793.2(b); 3) Violation of Civil Code section 1793.2(a)(3); 4) Breach of Express Written Warranty (Civil Code sections 1791.1; 1794; 1795.5); 5) Fraudulent Inducement – Concealment On June 09, 2022, Defendant filed a demurrer with a Motion to Strike Plaintiff's First Amended Complaint and prayer for punitive damages. Plaintiff filed opposing papers on December 22, 2022. A reply was filed on December 29, 2022....
2023.01.05 Motion to Continue Trial Date 180
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.05
Excerpt: ...ION FOR TAKING MEDICAL LEAVE (GOV'T. CODE §12940(h)); 4) DISCRIMINATION (GOV'T CODE §12940(a)); 5) FAILURE TO ACCOMMODATE (GOV'T. CODE § 12940(m)); 6) FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS (GOV'T. CODE § 12940(n)); 7) HARASSMENT (GOV'T. CODE §§ 12940(j)); 8) FAILURE TO PREVENT HARASSMENT, DISCRIMINATION AND RETALITION (GOV'T. CODE §§ 12940(k)); AND 9) WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY. On August 09, 2022, this Court ...
2023.01.05 Motion to Compel Deposition 112
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.05
Excerpt: ... Code § 12940(j)); 2) Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 3) Sexual Battery (against Newman); 4) Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 5) Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)) (against the District); 6) Retaliation in Violation of Public Policy (against the District); 7) Whistle...
2023.01.05 Motion to Compel Arbitration and Stay Proceedings 663
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.05
Excerpt: ..., 2022. Nissan filed a reply on September 29, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) ¿ A party petitioning to compel arbitration has the burden ...
2023.01.04 Motion to Seal 756
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.04
Excerpt: ...f Los Angeles Elevator and Safety Unit; State of California; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, the Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1) Negligence; 2) Negligence – Common Carrier; 3) Premises Liability; 4) Negligent Products Liability – Failure to Warn; 5) Strict Products Liability – Manufac...
2023.01.04 Motion to Compel Arbitration and Stay Proceedings 312
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2023.01.04
Excerpt: ... Complaint alleges causes of action for: 1) Elder Abuse/Neglect (Non-COVID Related); 2) Negligence (Non-COVID Related); 3) Elder Abuse/Financial; and 4) Violation of the Patient's Bill of Rights. On November 01, 2022, Defendants filed a Motion to Compel Arbitration and Stay Proceedings. Plaintiff filed two opposing papers on December 15, 2022. Two replies were filed on December 28, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a disp...
2022.12.16 Demurrer 440
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.16
Excerpt: ...o 20. The Second Amended Complaint (SAC) alleges causes of action for: 1) Breach of Contract 2) Fraud and Deceit: Inducement 3) Fraud and Deceit: Concealment 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Unfair Competition Law (UCL) On November 03, 2022, Defendant Calculated Risk Analytics, LLC (“CRA”) filed a demurrer to the Plaintiffs' SAC. The Plaintiffs filed opposing papers on December 02, 2022. CRA filed a reply on ...
2022.12.16 Motion for Protective Order 912
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.16
Excerpt: .... The operative First Amended Complaint added Vlad Gold fka Val J. Fayngold as a Defendant and asserted causes of action for: 1) Breach of Contract; 2) Breach of Fiduciary Duty; 3) Fraud; 4) Shareholder Derivative-Breach of Fiduciary Duty 6) Shareholder Derivative-Gross Mismanagement; and 7) Shareholder Derivative – Abuse of Control On October 12, 2022, Defendant Vlad Gold moved for a Protective Oder. Plaintiff Global Interactive Enterprises, I...
2022.12.16 Request for Entry of Default Judgment 586
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.16
Excerpt: ...GGB was served with a copy of the summons and complaint on September 1, 2021. (Fine Decl. ¶ 14, Ex. 6.) Default was entered against GGB on October 13, 2021. (Fine Decl. ¶ 15, Ex. 7.) On November 14, 2022, Summary Judgment was granted in favor of Plaintiff and against Defendant Terri Lee Barnardi. On November 16, 2022, Plaintiff moved for Default Judgment against Defendant Green Grown Bulk, Inc. (“GGB”). On November 17, 2022. Defendant Terri...
2022.12.15 Motion to Allow Discovery 642
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.15
Excerpt: ... Declaratory Relief. On May 26, 2020, Esperanza filed a Cross-Complaint against Garcia Legal and Roes 1 through 10. The Cross-Complaint asserts causes of action for: 1) Breach of Contract; and 2) Common Counts. On August 24, 2020, Garcia Legal filed a Cross-Complaint against Monica R. Molina (“Monica”) and Does 11 through 20. The Cross-Complaint asserts causes of action for: 1) Equitable Indemnity; and 2) Contribution/Partial Indemnity. On Ma...
2022.12.15 Demurrer to FACC, Motion to Strike 686
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.15
Excerpt: ... LEAVE TO AMEND as to the sixth cause of action. Mara Enterprise's Motion to Strike is DENIED as to Paragraph No. 47, page 10, lines 21-15 and GRANTED WITH LEAVE TO AMEND as to: · Paragraph No. 48, page 11, lines 1-4. · Paragraph No. 72, page 14, lines 12-16. · Prayer, Item No. 6, page 15, line 27. BACKGROUND On January 14, 2022, Plaintiff Mara Enterprises (“Mara”) filed a Complaint against Defendants Sannette Gite, as Trustee of the Vaugh...
2022.12.13 Motion to Compel Deposition of PMQ, Custodian of Records 305
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.13
Excerpt: ...on of Defendant's Most Qualified (PMQ) and Custodian of Records. Defendant filed opposing papers on December 02, 2022. Plaintiff filed a reply on December 06, 2022. LEGAL STANDARD Code of Civil Procedure section 2025.450, section (a) states in relevant part:¿¿ ¿ If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a par...
2022.12.12 Motion to Seal 819
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.12
Excerpt: ...aintiffs filed six (6) Amendments to Complaint (Fictitious/Incorrect Name) naming Mazak Corporation; Haas Automation, Inc.; Precision Specialty Metals, Inc.; Alcoa, Inc.; Special Metals Corporation, individually and as Successor-by-Acquisition to Inco Alloys International, Inc.; and Joseph T. Ryerson & Son, Inc. (erroneously sued as Ryerson Holding Corporation, individually and as Successor-by-Acquisition to Atlas Ideal Metals) as Does 1 through ...
2022.12.12 Motion to Compel Deposition 985
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.12
Excerpt: ...Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). On February 5, 2021, Defendant Karayan (hereinafter referred to as “Defendant”) filed a Cross- complaint (“XC”) asserting causes of action (1) breach of written contract, (2) quantum meruit, (3) account stated, (4) book account, and (5) declaratory relief against Plaintiff, SCPS Unlimited LLC (“SCPS”), Craig Currie (“Craig”), Doris Samantha Currie ...
2022.12.12 Motion for Summary Adjudication 259
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.12
Excerpt: ...tion of Song-Beverly Consumer Warranty Act for breach of implied warranty of merchantability, and (7) strict liability against Defendant Tesla, Inc. (“Defendant”). On September 26, 2022, Defendant Moved for Summary Adjudication on Plaintiff's second, third, fourth, and fifth causes of action. Plaintiff filed opposing papers on November 29, 2022. Defendant filed a reply on December 07, 2022. LEGAL STANDARD The purpose of a motion for summary j...
2022.12.09 Motion for Terminating Sanctions 575
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.09
Excerpt: ...nt United Contractors filed a Cross-Complaint against Greenleaf Engineering, Inc., et al. for indemnification, equitable indemnification, apportionment of fault, and declaratory relief. On November 12, 2020, Cross-Defendant Greenleaf Engineering (“Greenleaf”) filed a Cross-Complaint against Zoes 1-50 for equitable indemnity, apportionment, and declaratory relief. On March 25, 2022, each Plaintiff Jean Enock filed a Substitution of Attorney fo...
2022.12.08 Demurrer, Motion to Strike 476
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.08
Excerpt: ...ssion 2) Accounting 3) Declaratory Relief On June 10, 2022, Defendant filed a Demurrer with a Motion to Strike. No opposition has been filed. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) “Any determination ...
2022.12.07 Motion to Tax Costs 223
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.07
Excerpt: ...Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty Act by failing to repair the aforementioned defects and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiffs initiated this case. Later, Plaintiffs filed the operative First Amended Complaint which alleges causes of action for (1) Violation of Song-Beverly Consumer Warranty Act— Breach of Express Warranty; (2) Violation of Song-Beverly Consume...
2022.12.06 Motion to Tax Costs 223
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.06
Excerpt: ...Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty Act by failing to repair the aforementioned defects and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiffs initiated this case. Later, Plaintiffs filed the operative First Amended Complaint which alleges causes of action for (1) Violation of Song-Beverly Consumer Warranty Act— Breach of Express Warranty; (2) Violation of Song-Beverly Consume...
2022.12.05 Demurrer to FACC 977
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.05
Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...
2022.12.02 Demurrer FAC 977
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.02
Excerpt: ... for (1) Partition by Sale and (2) Declaratory Relief. On July 15, 2022, Defendant filed a Demurrer to Plaintiff's FAC. On July 16, 2022, Plaintiff filed an opposition. On November 22, 2022, Defendant filed a reply. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appe...
2022.12.01 Motion for Protective Order 243
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.01
Excerpt: ...D FAITH AND FAIR DEALING; 5) MISREPRESENTATION (1); 6) MISREPRESENTATION (2) 7) CONCEALMENT; 8) FALSE PROMISE; 9) CONSTRUCTIVE FRAUD; 10) CONVERSION; 11) COMMON COUNT (ACCOUNT STATED); 12) COMMON COUNT (MONEY HAD AND RECEIVED); 13) COMMON COUNT (MONEY LENT); 14) VIOLATION OF THE CALIFORNIA UNIFORM VOIDABLE TRANSACTIONS ACT; 15) AIDING AND ABETTING; and 16) FRAUDULENT TRANSFER. On November 04, 2022, the Plaintiffs moved for a Protective Order and ...
2022.11.30 Motion to Compel Arbitration 601
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.30
Excerpt: ...ay the Action Pending Arbitration. Plaintiff filed an opposition on November 15, 2022. Defendant filed a reply on November 21, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿ (CCP § 1281.2; see also Omar v. Ralphs Grocery Co. (2004)¿118 Cal.A...
2022.11.29 Motion to Dismiss Action 356
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.29
Excerpt: ...ont Porch Communities and Services, and other allegedly responsible parties for Ms. Hall's wrongful eviction. On August 4, 2020, Ms. Hall filed a Complaint against Front Porch Communities and Services, Randy Herzig, Nadine Roisman, Pamela Lowe, and Lis Stephens LVN (collectively, “Defendants”). On January 21, 2021, Ms. Hall's attorney of record informed this Court that Ms. Hall had passed away during the pendency of this action. On June 4, 20...
2022.11.29 Motion to Continue Trial 112
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.29
Excerpt: ... Gov. Code § 12940(j)); 2) Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 3) Sexual Battery (against Newman); 4) Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 5) Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)) (against the District); 6) Retaliation in Violation of Public Policy (against the District); 7) Wh...
2022.11.28 Motion for Judgment on the Pleadings 613
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.28
Excerpt: ...tates Constitution; and 3) Theft and Robbery of Plaintiff's Property. On June 28, 2022, Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed an opposition on November 8, 2022. No reply has been filed. MEET AND CONFER A motion for judgment on the pleadings must be accompanied by a meet and confer declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for jud...
2022.11.17 Motion to Compel Discovery 176
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.17
Excerpt: ...ponses to Form Interrogatories, Set One and sanctions in the amount of $1,250.00. No opposition or reply has been filed. On September 14, 2022, the Court granted Plaintiffs'/Cross-Defendants' counsel's request to be relieved as counsel for Plaintiffs/Cross-Defendants. LEGAL STANDARD Requests for Admission When a party to whom requests for admission are directed fails to respond, the party propounding the requests may move for an order that the tr...
2022.11.16 Demurrer 090
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.16
Excerpt: ... A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially noticed matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The ...
2022.11.15 Motion for Leave to Amend Complaint 168
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.15
Excerpt: ...e § 17200, et seq.) 4) Negligence 5) Breach of Fiduciary Duty 6) Breach of the Duty of Fair Representation On August 30, 2022, Defendant Maribel Hinojosa filed a Cross-Complaint. A Judgment of Dismissal was filed on July 28, 2022, and Defendant California Correctional Pease Officer Association (“CCPOA”) was dismissed from this action. On August 30, 2022, the Plaintiffs moved for Leave to Amend the Third Amended Complaint. Defendant CCPOA fil...
2022.11.15 Demurrer 741
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.15
Excerpt: ...iscrimination in violation of Government Code § 12940(k) (against Netflix, Inc.); 5) Retaliation in Violation of Government Code § 12940(h) (against Netflix, Inc.); 6) Retaliation in Violation of Labor Code § 1102.5 (against Netflix, Inc.); 7) Violation of the California Equal Pay Act in Violation of Labor Code §§ 1197.5, 1194.5 (against Netflix, Inc.); 8) Violation of the Bane Act in Violation of Civil Code § 52.1 (against all Defendants);...
2022.11.14 Motion to Quash Service of Summons 448
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.14
Excerpt: ... On November 01, 2022, Plaintiff filed opposing papers. No reply has been filed. LEGAL STANDARD A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . ..”. (C.C.P. § 418.10(a).) A court lacks jurisdiction over a party if there has not been proper service of process. (See Ruttenberg v. Ruttenberg (199...
2022.11.14 Motion for Summary Judgment, Adjudication 586
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.11.14
Excerpt: ... repay him. On July 08, 2022, Plaintiff filed a Motion for Summary Judgment or Summary Adjudication in the alternative. Defendant filed opposing papers on November 01, 2022. Plaintiff filed a reply on November 07, 2022. 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 ...

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