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2018.6.29 Motion for Default Judgment 757
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.29
Excerpt: ...everly Consumer Warranty Act; 3. violation of the Unfair Competition Law; 4. fraud and deceit; 5. negligent misrepresentation; 6. violation of the Automobile Sales Finance Act 7. conversion 8. declaratory relief; and 9. violation of Vehicle Code section 11711. The first eight causes of action are directed only toward D's Auto. The ninth cause of action is directed only toward Western. On February 5, 2018, plaintiff filed a notice of settlement wi...
2018.6.28 Motion to Consolidate or Leave to Amend 625
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.28
Excerpt: ...100470003001400 0057004b004800030057[otal winning price at $72,500. Although Storck made partial payment and received some of the items, the complaint alleges that Storck has refused to pay the remaining amounts owed. <004800550003002f005200 00440051004700030036[hannon Loughrey on March 7, 2018, for (1) rescission and restitution due to fraud, (2) rescission and restitution due to mistake, (3) violation of Civil Code section 1812.605(c), (4) frau...
2018.6.28 Motion to Compel Responses 333
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.28
Excerpt: ...off calendar. Depositions of Ricardo Saravin and Debbie Islas were canceled the day before, due purportedly to the flu and a jaw injury. This is not sufficient basis for sanctions on the plaintiffs. The parties should address Sophie Saravia at the hearing. There apparently is a dispute as to whether she is currently four years and eleven months (Plaintiffs' Opposition at 2) or five years and five months (Defendants' Reply at 9). Regardless, she i...
2018.6.28 Motion to be Relieved as Counsel 588
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.28
Excerpt: ...�[T]he perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order . . . .”); Diesel Const. Equipment Co. v. <000b00b30024004f004f00 00030051004800460048[ssary to divest the trial court of jurisdiction is the filing of the notice of appeal. [Citation.]”) Although the Court may still decide matters ...
2018.6.27 Request for Default Judgment 979
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.27
Excerpt: ...0%) profits and disassociated after collecting money.”) <0047004800490048005100 470044005100570011[ Plaintiff now seeks default judgment (according to the proposed judgment) against defendant in the principal amount of $184,000.00 plus interest and “emotional suffering” for a total judgment of $370,000.00. Procedural Requirements <0047004800490048005100 00520003005300480051[ding motion to vacate default appears in the record. The default ju...
2018.6.27 Motion to Compel Arbitration 797
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.27
Excerpt: ...t interference with prospective economic relations, (7) UCL violations, and (8) conversion. On May 18, 2018, Kabir One filed this motion to compel arbitration. Although plaintiff did not file an opposition, Cantilever opposes on the ground that it was not a party to the arbitration agreement. Although Kabir One filed a notice of plaintiff's non-opposition, it did not file a reply to Cantilever's opposition. The Court considered the moving and opp...
2018.6.27 Demurrer, Motion to Strike 087
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.27
Excerpt: ...laintiffs by their first names for clarity and consistency, not out of familiarity or disrespect.) On December 22, 2017, plaintiffs filed a verified complaint and on April 26, 2018, a verified first amended complaint for: 1. Violation of Civil Code section 1942.5; 2. Breach of the implied warranty of habitability; 3. Breach of the covenant of quiet enjoyment; 4. Nuisance; 5. Breach of Business and Professions Code section 17200 et. seq.; 6. Negli...
2018.6.26 Motion for Protective Order 768
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.26
Excerpt: ...nant of quiet enjoyment, (4) negligence, (5) violation of Civil <005a00490058004f000300 48005100570055005c0011[ On May 21, 2018, defendant filed this opposed motion for a protective order precluding Todd R. Howell—its counsel—from having his deposition taken. Defendant's counsel submitted a compliant meet and confer declaration. Kalioundji Decl. ¶¶ 4-11. The Court considered the moving, opposition, and reply papers and rules as follows. Sta...
2018.6.26 Request for Default Judgment 306
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.26
Excerpt: ...) wrongful termination in violation of public policy; (8) declaratory judgment; (9) failure to pay wages; (10) failure to pay minimum wages; (11) failure to pay overtime wages; (12) failure to provide meal and rest breaks; (13) failure to provide itemized wage statements; (14) waiting time penalties; and (15) failure to permit inspection of personnel and payroll record. On December 13, 2017, default was entered against defendants. Plaintiff now s...
2018.6.26 Motion for Relief, for Reconsideration 271
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.26
Excerpt: ...3, 2014 meeting at Yalamanchili's Arcadia office, they and Yalamanchili deliberately represented to plaintiff that the property sat on 12.5 acres, but it actually sat on only 10. They also misrepresented that the property would generate $2.7 million in revenue annually. Yalamanchili foreclosed on the prior owner and had a plan to foreclose on plaintiff when plaintiff would be unable to generate sufficient income to pay the mortgage. On September ...
2018.6.21 Request for Default Judgment, for Attorneys' Fees 418
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.21
Excerpt: ...001.60 plus interest, costs, and attorneys' fees for a total judgment of $449,148.83. Procedural Requirements <0047004800490048005100 00520003005300480051>ding motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays f...
2018.6.20 Motion to Strike 879
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.20
Excerpt: ...nal misrepresentation. On May 10, 2018, defendant filed this opposed motion to strike allegations pertaining to settlement negotiations and the prayers (and related allegations) for punitive damages. Defendant's counsel filed a compliant meet and confer declaration. CCP § 435.5; Legittino Decl. ¶ 3. The Court considered the moving, opposition, and reply papers and rules as follows. Standard The court may, upon a motion, or at any time in its di...
2018.6.20 Petition to Confirm Arbitration Award 376
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.20
Excerpt: ...prefers to receive such petitions on Judicial Council form ADR-106. Court's Authority to Confirm Arbitration Award The parties to arbitration may petition the court to confirm, correct, or vacate the award. CCP § 1285. A petition to confirm an award must be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. CCP § 1288. The petition must also set forth or attach (1) the agreement...
2018.6.19 Motion to Quash Subpoena 909
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.19
Excerpt: ...e, (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003[and Safety Code section 17920.3. On January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On...
2018.6.19 Demurrer 306
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.19
Excerpt: ...o run a title report and underwrite title insurance on certain real property. Plaintiffs allege that they acquired interests in over a dozen real properties (the KLA properties) in 2011 and 2012. Verified Complaint ¶ 13. Plaintiffs also acquired interests in two properties (the LA properties) in 2015 by a third party as partial payment for money owed by the third party to plaintiffs. Id. at ¶ 14. By late 2016, falling behind on payments for the...
2018.6.18 Demurrer 200
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.18
Excerpt: ...al denial and 34 affirmative defenses. On March 22, 2018, plaintiffs filed this opposed demurrer to all 34 affirmative defenses for insufficient facts and uncertainty. Plaintiff's counsel filed a compliant meet and confer declaration. CCP § 430.41; Shomloo Decl. ¶¶ 2-4. The Court considered the moving, opposition, and reply papers and rules as follows. Demurrer to Answer Standard A party may demur to an answer on the grounds that the affirmati...
2018.6.15 Request for Default Judgment 890
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.15
Excerpt: ...es in the amount of $10,860.00. Procedural Requirements On March 26, 2018, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 5 on the appropriate Judicial Council form. It also includes a proposed form of judgment on the optional Judicial Council form. Plaintiff's counsel signed a declaration of nonmilitary status. On th...
2018.6.15 Request for Default Judgment 486
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.15
Excerpt: ...endants in the principal amount of $75,650.00, plus costs and attorneys' fees for a total judgment of $78,487.50. Procedural Requirements On April 24, 2018, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 10 on the appropriate Judicial Council form. It also includes a proposed form of judgment on the optional Judicial ...
2018.6.14 Motion to Compel Responses, Request for Production of Docs 486
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.14
Excerpt: ...ast a cursory manner about his cases if he faces ongoing illnesses (for example, by communicating that he is ill and perhaps providing a date that he will be responding to discovery and a clear extension date for a motion to compel.) As well, the Court notes that here the responses were due on April 9, 2018, and, focusing only on this specific time frame, counsel states that he was taken ill on April 5, given antibiotics, and “appeared to becom...
2018.6.14 Demurrer 495
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.14
Excerpt: ...d the deed of trust to Mortgage Electronic Registration Systems Inc., who eventually assigned it to HSBC Bank USA, National Association (HSBC.) RJN, Exhs. 2-3. A notice of default was recorded on the Subject Property on March 26, 2013. RJN, Exh. 4. A notice of trustee's sale was recorded on August 16, 2013, setting the foreclosure sale for September 10, 2013. RJN, Exh. 6. The sale was apparently postponed, and another notice of trustee's sale was...
2018.6.13 Motion to Quash 826
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.13
Excerpt: ...intiff suffered a stroke, leaving him with permanent weakness on his left side and lymphedema in both legs. From October 6, 2015, to September 30, 2016, plaintiff depended on defendant for all medical care and treatment and protection from health and safety hazards. On July 26, 2016, plaintiff was recertified for care by defendant. He was 90-percent wheelchair-bound. From August through mid-late September, defendant's nurse noted a toe wound. On ...
2018.6.13 Motion for Prejudgment Interest 011
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.13
Excerpt: ...vember 29, 2017, default was entered against defendants. Plaintiff now seeks default judgment against defendants in the principal amount of $484,135.93 plus interests and costs for a total judgment of $553,318.23. Procedural Requirements On November 29, 2017, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 on the ap...
2018.6.13 Motion to be Relieved as Counsel 896
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.13
Excerpt: ...indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at her last known address and represented that she has been unable to confirm that the address is current; counsel represents that she has made attempts to contact plaintiff via phone, a “family friend,” and her “electronic service address” (presumably e-mail.) Therefore, service was proper. CRC, rule 3.1362(...
2018.6.13 Motion to Compel Further Responses 909
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.13
Excerpt: ...r to any part. For example, defendants do not even answer No. 1 by providing the name of the person who answered the interrogatories. As well, defendants make no attempt to provide code‐compliant responses that properly certify <0128037f0003015d019000 01c70003015a010201c0Le. On the other hand, some of plaintiff's special interrogatories are in fact compound. The Court will rule separately on each special interrogatory. Defendants do not have to...
2018.6.13 Motion to Strike Punitive Damages 873
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.13
Excerpt: ...n April 2, 2018, the operative first amended complaint for (1) violation of Civil Code section 1942.4, (2) breach of the warranty of habitability, (3) private nuisance, (4) Business and Professions Code Section 17200, et seq., (5) negligence, and (6) breach of the covenant of quiet enjoyment. On February 15, 2018, the Court granted defendants' motion to strike punitive damages with leave to amend. On May 7, 2018, defendants filed this opposed mot...
2018.6.13 Request for Default Judgment 011
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.13
Excerpt: ...vember 29, 2017, default was entered against defendants. Plaintiff now seeks default judgment against defendants in the principal amount of $484,135.93 plus interests and costs for a total judgment of $553,318.23. Procedural Requirements On November 29, 2017, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 on the ap...
2018.6.12 Motion to Compel Further Responses 372
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.12
Excerpt: ...e can be available to discuss that day. He made efforts to discuss the issues with plaintiff's counsel on April 30, essentially stating that he has been available every day. Plaintiff's counsel responded merely with a <0003019a015a011e000301 0003> <0003019a017d0003012801 00030044010201c70003>9 motion‐‐seeking sanctions against defendant‐‐without actually attempting to confer after sending his April 25 letter. Plaintiff's counsel should no...
2018.6.12 Motion to Compel Arbitration 093
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.12
Excerpt: ...(2) failure to prevent sexual harassment, (3) discrimination on the basis of gender, (4) professional negligence, (5) breach of fiduciary duty, (6) negligent hiring, retention and/or supervision, and (7) intentional infliction of emotional distress. According to the complaint, plaintiff started receiving counseling services from USHS and Primm (an employee of USHS) in February 2016. Complaint ¶¶ 8-9. In March 2016, plaintiff began working for U...
2018.6.12 Motion for Leave to File Complaint 829
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.12
Excerpt: ...ility discrimination, 3. Actual/perceived disability retaliation, 4. Violation of the California Family Rights Act, 5. Failure to engage in the mandatory good-faith interactive process, 6. Failure to accommodate, 7. Race/national origin harassment, 8. Race/national origin discrimination, 9. Race/national origin retaliation, 10. Actual/perceived sexual orientation harassment, 11. Actual/perceived sexual orientation discrimination, 12. Actual/perce...
2018.6.11 Motion to Quash Deposition Subpoena 468
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.11
Excerpt: ... but refused to return the watch to Kaplan, instead purportedly selling the watch to Wong for an unknown sum. Grochowiak also failed to return other watches and accessories that Kaplan had entrusted to him. On September 27, 2016, Kaplan filed a complaint and on May 4, 2018, the operative third amended complaint for two counts of conversion, two counts of replevin, two counts of fraud, two counts of negligent misrepresentation, three counts of bre...
2018.6.11 Motion to Quash Subpoenas 909
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.11
Excerpt: ...e, (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003[and Safety Code section 17920.3. On January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On...
2018.6.11 Motions to Compel 064
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.11
Excerpt: ...atory was objected to without a substantive response, and many are objected to as (among other things) “vague ambiguous, and overbroad” although they are interrogatories that are routinely answered throughout the state. In dozens of pages of these discovery responses, it appears that there was no information actually produced (or very little information). These responses were obviously not a serious effort to respond to the discovery requests...
2018.6.5 Demurrer 492
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.5
Excerpt: ...o personal loans they made to Designing Health, as well as their deferred compensation.” Id. at ¶ 8. By the end of 2014, Designing Health owed plaintiff approximately $300,000. Id. at ¶ 10. Plaintiff alleges that defendants filed to file UCC-1 filings required to secure such debt and/or UCC-1 continuation statements. Id. at ¶ 12. On December 27, 2017, plaintiff filed a complaint and on April 6, 2018, the operative first amended complaint for...
2018.6.4 Demurrer 531
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.6.4
Excerpt: ...rst amended complaint for (1) fraudulent conveyance and (2) fraudulent concealment. On May 2, 2018, defendant Butler Capital Corporation filed this opposed demurrer for insufficient facts and uncertainty. Defendant's counsel submitted a compliant meet and confer declaration. Tatone Decl. ¶¶ 2-4. The Court considered the moving, opposition, and reply papers and rules as follows. Failure to Tab Exhibits Defendant's counsel should note: “Each ex...
2018.5.31 Motion to Compel Further Responses 340
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.31
Excerpt: ...out the central issues in the case. The Court can see no reason why these are not discoverable. Defendants should have the ability to question plaintiffs about their survey responses. The right to privacy can hardly exist for persons who voluntarily answer a survey about facts at issue in adversary litigation in which they are actually plaintiffs. (Because the respondents are <015d011e01c10355000301 015d011e019000030190Lhould agree to a protectiv...
2018.5.31 Demurrer 120
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.31
Excerpt: ...emurrer for insufficient facts and uncertainty. Defendant's counsel submitted a compliant meet and confer declaration. Gherini Decl. ¶ 4. The Court considered the moving, opposition, and reply papers and rules as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955)...
2018.5.31 Motion to Strike 188
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.31
Excerpt: ...n states: “Khodayari is to recover his costs on appeal.” The June 30, 2017 remittutur also states: “Khodayari is to recover his costs on appeal.” The Court will assume in this ruling that plaintiff is entitled to costs on appeal. On March 15, 2018, the Court (Judge Raphael) granted defendants' motion to set aside plaintiff's memorandum of costs on appeal. On May 8, 2018, the Court denied plaintiff's motion for reconsideration of the motio...
2018.5.30 Demurrer 032
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.30
Excerpt: ...ainst the complaint for insufficient facts and uncertainty. On April 2, 2018, defendant also filed this opposed motion to strike punitive damages from the complaint and monetary relief under the UCL cause of action. Defendant's counsel submitted a compliant meet and confer declaration. Holmes Decl. ¶¶ 9-10. The Court considered the moving, opposition, and reply papers and rules as follows. Demurrer Standard A demurrer tests the sufficiency of t...
2018.5.30 Motion for Terminating Sanctions 048
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.30
Excerpt: ...018, defendant / cross-complainant (hereinafter defendant) filed this opposed motion for terminating sanctions or, in the alternative, evidentiary sanctions. The Court considered the moving, opposition, and reply papers and rules as follows. Standard Generally, the trial court may terminate a party's action as a sanction for discovery abuse “after considering the totality of the circumstances: [the] conduct of the party to determine if the ...
2018.5.30 Motion to Set Aside Dismissal 737
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.30
Excerpt: ...nt with a $44,000 cash out. On December 21, 2016, at Vartan and UniCitizens' office, plaintiffs were given a large number of papers, given no opportunity to read them, and coerced by Vartan to sign them immediately. Shortly after they executed the purported loan documents and unsuccessfully requested copies, plaintiffs discovered that the loan was actually for $90,000 not to refinance their first deed of trust, and that Adenheim was to receive $3...
2018.5.9 Motion for Leave to Amend 243
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.9
Excerpt: ...rself unprofessionally toward plaintiff. Plaintiff complained to human resources about the supervisor. The “hostile work environment” aggravated plaintiff's bipolar disorder, which was then unknown to defendant. Thus, plaintiff was forced to take medical leave. Defendant approved plaintiff's leave requests under FEHA and CFRA. Plaintiff was on leave from November 1, 2016 to February 8, 2017. While on leave, plaintiff heard that defendant woul...
2018.5.9 Demurrer 909
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.9
Excerpt: ..., (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003>and Safety Code section 17920.3. On January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On ...
2018.5.9 Demurrer 265
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.9
Excerpt: ...ion for insufficient facts and uncertainty, unopposed motion to strike the prayer for attorneys' fees and costs, and unopposed motion to expunge lis pendens. Defendant's counsel filed a compliant meet and confer declaration. CCP § 430.41; Fabrizi Decl. ¶ 2. (Defendant's counsel should note the meet and confer requirement on motions to strike. CCP § 435.5. Under these unique circumstances, defendant satisfied the requirement.) The Court conside...
2018.5.9 Motion for Summary Judgment 994
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.9
Excerpt: ...e second page of the form complaint under “intentional tort” and “breach of implied covenant of good faith and fair dealings.”) On February 15, 2018, defendant filed this unopposed summary judgment motion. The Court considered the moving papers and rules as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056;...
2018.5.8 Demurrer 552
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.8
Excerpt: ...fered a fracture and was admitted to <0015001300140019000f00 00480003005a00440056[ admitted to Kaiser West Los Angeles. Compliant ¶¶ 12-13. On July 19, 2016, Lackey was discharged to another facility for <004f005c00030015001c00 002f00440046004e0048[y was transferred to Beverly West Healthcare. Id. at ¶ 16. She died on August 14, 2016. Id. at ¶ 88. On November 13, 2017, plaintiffs filed a complaint for (1) elder abuse/neglect, (2) negligence/p...
2018.5.8 Motion to Compel Further Responses 473
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.8
Excerpt: ...and suggesting Blue Shield as a source for it. (Plaintiff's separate statement includes only a request for production number 29 that seems to have a more general response following objections; the meet‐and‐confer correspondence focuses instead on requests 43 through 46 that more clearly state the response.) Given that defendant is not objecting to Blue Shield's disclosure of the documents, the Court cannot at this time find that defen...
2018.5.8 Motion for Reconsideration 188
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.8
Excerpt: ...matter concerning his property. Plaintiff unsuccessfully demanded a refund of legal fees paid. Defendants formally withdrew. Plaintiff was incarcerated for over a year. On June 22, 2010, plaintiff filed a complaint, on November 12, 2010, a first amended complaint, and on June 4, 2012, the operative second amended complaint asserting 17 causes of action. On August 20, 2012, the Court (Judge Khan) sustained without leave in part and overruled in pa...
2018.5.8 Motions in Limine 879
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.8
Excerpt: ...se or repair was not cost‐effective. What is precluded is references to the increased cost of vehicles to consumers.) *** Plaintiff's Motion in Limine No. 3 is GRANTED. Under section 1793.2, defendant may not “disclaim the implied warranties guaranteed by this chapter. . . .” *** Plaintiff's Motion in Limine No. 4 is DENIED. If whether the repairs in this case were covered by warranty is disputed, the parties may offer evidence and argue th...
2018.5.7 Demurrer 708
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.7
Excerpt: ... infliction of emotional distress. On August 28, 2017, plaintiff filed a first amended complaint for sexual battery; assault; negligence, negligent hiring, training, retention, and/or supervision of unfit employees; false imprisonment; intentional infliction of emotional distress; breach of mandatory statutory duties which proximately caused plaintiff's sexual assault and battery; breach of mandatory statutory duties which proximately caused plai...
2018.5.3 OSC Re Dismissal 292
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.5.3
Excerpt: ... any particular relief. Two allegations, for instance, concern food: (1)“Any food ordered by me is always messed with. On weekends they serve sandwiches but they give mayonese (sic) and musturd <011e00030102016f01c101 s (sic) inside the food” and also (2) “they had put some sort of purple liquid inside my families food.” There are allegations about nurses flirting with “my partner in front of my minor son”; putting someone “on the r...

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