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2018.4.19 Motion to Disqualify Counsel 189
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.19
Excerpt: ...and on April 10, 2018, the operative first amended complaint asserting 22 causes of action for various FEHA violations, whistleblower retaliation, wrongful termination, wage and hour law violations, breach of contract, fraud, infliction of emotional distress, interference, and unfair competition. On March 9, 2018, defendants filed this opposed motion to disqualify plaintiff's counsel, Nicholas Allis of Law Offices of Nicholas R. Allis and James E...
2018.4.19 Motion for Judgment on the Pleadings 635
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.19
Excerpt: ...termination in violation of public policy, (2) slander (against Talamantez), (3) slander (against Monroe), and (4) civil conspiracy. On March 19, 2018, defendants filed this opposed motion for judgment on the pleadings as to the purported fourth cause of action. The Court considered the moving, opposition, and reply papers, and rules as follows. Motion for Judgement on the Pleadings Standard A defendant may file a motion for judgment on the plead...
2018.4.19 Motion to Approve Receiver's Report 690
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.19
Excerpt: ...ch 23, 2015, default was entered against Salz. On March 15, 2017, the Court ordered the property sold by a receiver and issued related orders. At an overbid hearing, the property sold for $1,101,448.50. On April 11, 2018, the Court entered an interlocutory judgment of partition by sale, including apportionment of certain costs. On March 27, 2018, the receiver filed this unopposed motion for an order approving the receiver's final report and accou...
2018.4.18 Motion to Compel Further Production of Docs 271
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.18
Excerpt: ...t only as to whether it must be produced under discovery standards. The Court understands that the setting of a reserve amount is necessarily an admission of liability, and thus it is easy to construct a situation where a reserve amount would not be relevant at trial, where it would be tantamount to speculative evidence, or where it would be unfairly prejudicial at trial. Nevertheless, California case law supports the production of reserves infor...
2018.4.18 Motion in Limine to Preclude Expert Testimony 424
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.18
Excerpt: ...ts <0048005100570003005700 00560053004c00570044[l complaining of high fever and shaking. On July 25 and 26, 2014, several tests including a CT scan were conducted, which revealed a digestive tract blockage, focal mass in plaintiff's liver's left lobe with uncertain etiology, and splenosis or spleen tissue in plaintiff's abdomen. Radiology reports indicated the possibly that the liver lesion resulted from the splenosis. In 1968, plaintiff was inju...
2018.4.18 Motion for Summary Adjudication 826
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.18
Excerpt: ...aintiff 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...
2018.4.18 Demurrer 271
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.18
Excerpt: ...ember 23, 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 Sep...
2018.4.17 Demurrer 554
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.17
Excerpt: ...s, and physically attacked him. On November 14, 2017, plaintiff filed a complaint and on January 3, 2018, the operative first amended complaint for (1) battery, (2) intentional infliction of emotional distress, (3) negligence, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) concealment, (7) breach of fiduciary duty, (8) abuse of control, (9) corporate waste, (10) breach of contract, (11) common count: goods and services re...
2018.4.16 Motion to Reconsider 588
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.16
Excerpt: ...er 25, 2017, the Court (Judge Oldendorf) denied it without prejudice on numerous grounds: plaintiff again failed to tab its exhibits despite having been admonished over a year ago; plaintiff provided insufficient information for the Court to perform a required lodestar analysis; attorney Friedman's rate was plainly excessive; there was no competent evidence of fees incurred by the Scali firm; no part of plaintiff's papers identified the total num...
2018.4.16 Motion for Reconsideration 503
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.16
Excerpt: ...ract, (2) breach of fiduciary duty, and (3) accounting. The first round of defendant's default occurred in 2016. On February 22, 2016, default was <000f00030057004b004800 00510057004800550048[d default judgment against defendant. On August 22, 2016, the Court granted defendant's ex parte application to set aside default judgment. On October 17, 2016, the Court denied plaintiff's motion for reconsideration of the order setting aside the default ju...
2018.4.16 Motion for Leave to File Complaint 267
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.16
Excerpt: ... defendants filed a cross-complaint for indemnity against Hydrouip Pump and Dewatering Corp, and Paymon Pojhan. On October 23, 2017, plaintiffs substituted Padilla's Company, Inc. for Doe 1. On December 18, 2017, the Court (Judge Kalin) granted plaintiffs' motion for leave to file a first amended complaint. On December 19, 2017, plaintiffs filed the operative first amended complaint for (1) trespass, (2) nuisance, (3) negligence, and (4) strict l...
2018.4.12 Motion to Compel Deposition 547
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.12
Excerpt: ...ce and invoking their rights to a clean and safe home by refusing to accept rent and attempting to evict them. Individual defendants Donel and Kohansameh are owners, officers, or such of corporate defendant Sunset Equity. On January 17, 2014, plaintiffs filed a complaint and on November 20, 2014, the operative first amended complaint for (1) Landlord Retaliation in Violation of Civil Code section 1942.5, (2) Contractual Breach of the Warranty of ...
2018.4.12 Demurrer 378
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.12
Excerpt: ...d them for four years and that the other defendants failed to prevent or adequately respond. Alvarez alleges that Patino pulled her bra strap, touched her upper leg, touched her upper thigh pretextually to retrieve a piece of scrap paper, and gave her unwanted hugs. Ciorlieri alleges that she saw Patino take photos “up the skirts” of female bookstore patrons, referred to sexual ejaculation, imitated a vagina with his lips, gave her inappropri...
2018.4.11 Demurrer, Motion to Strike 239
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.11
Excerpt: ...tions that it was plaintiffs that breached the indemnity agreement and that their attorney in the underlying lawsuit (Rothstein) failed to disclose a conflict of interest. Plaintiffs' Allegations Plaintiffs alleges that on March 4, 2013, they agreed in writing to defend and indemnify Beach Business Bank in litigation pending in Riverside County, Case No. RIC1301304. Beach subsequently merged with Banc of California, Inc. Plaintiffs paid attorneys...
2018.4.11 Motion for Clarification 596
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.11
Excerpt: ... 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) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Analy...
2018.4.11 Motion for Terminating Sanctions 273
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.11
Excerpt: ...fiduciary duty, fraud, and misappropriation. On January 25, 2017, Plotkin substituted Ricardo Guizar for Doe 1. Also on January 25, 2017, Papanikolaou, individually, filed a cross-complaint against Plotkin for breach of contract, assault and battery, and conversion. On May 23, 2017, plaintiff, after two unsuccessful attempts, obtained default against Twilight Cinema, Inc., Santa Monica Postal Place, Inc. (as a corporation), and Santa Monica Posta...
2018.4.10 Motion for Clarification 596
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.4.10
Excerpt: ... 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) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Analy...
2018.3.29 Motion for Monetary Sanctions, Establishing Admissions 031
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.29
Excerpt: ...t $168 per hour, plus the $60 filing fee (which was not requested but sanctions were noticed for a higher total amount). Thus, the Court ORDERS sanctions of $312 paid by plaintiffs to defendants within 21 days. Defendants' motions to compel verified responses to form interrogatories, special interrogatories, and requests for production of documents are each GRANTED. Responses are ordered within 14 days. On each of the three motions, the Court imp...
2018.3.29 Demurrer 284
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.29
Excerpt: ...1793.2, subdivision (b), (3) violation of Civil Code section 1793.2, subdivision (a)(3), (4) breach of express written warranty, (5) breach of implied warranty of merchantability, (6) violation of the Magnuson-Moss Warranty Act, and (7) fraud by omission. On February 14, 2018, defendant filed this opposed demurrer to the seventh cause of action for insufficient facts and uncertainty, and motion to strike the prayer for punitive damages. Defendant...
2018.3.29 Motion to Enforce Settlement 953
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.29
Excerpt: ...0 on the first cause of action and dismissing with prejudice the second cause of action. In August 2017, the parties entered into a settlement agreement providing that the parties are to arbitrate the issue of coverage under the policy for the claimed losses if the Court of Appeal finds that the judgment is not appealable for any reason. Miglietta Decl. ¶ 6, Exh. 1, Settlement ¶ 2. On January 25, 2018, the Court of Appeal dismissed defendant's ...
2018.3.27 Motion to Quash Deposition Subpoenas 547
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.27
Excerpt: ... employment actions in violation of public policy, (2) intentional infliction of emotional distress, (3) negligent hiring and retention, and (4) violation of Business and Professions Code section 17200. On February 22, 2018, plaintiff filed this unopposed motion to quash two deposition subpoenas, one served on Foothill Presbyterian Hospital, the other, Tenent Healthcare. Plaintiff does not request sanctions. The Court considered the moving papers...
2018.3.26 Motion for Summary Judgment, Adjudication 558
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.26
Excerpt: ... him in his janitorial duties, which they did. Subsequently, Bucaro was arrested and convicted. On March 3, 2016, plaintiff filed a complaint, on June 7, 2016, a first amended complaint, and on August 8, 2016, the operative second amended complaint for (1) sexual assault and battery (against Bucaro), (2) negligence (against Challengers), (3) negligent hiring (against Challengers), (4) negligent supervision (against Challengers), and (5) negligent...
2018.3.26 Motion to Strike Punitive Damages 873
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.26
Excerpt: ...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, defendants filed this opposed motion to strike the prayer for punitive damages and related allegations. (Defendants direct their motion to a purported first amended complaint, but only an initia...
2018.3.23 Petition to Approve Minors' Compromise 517
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.23
Excerpt: ... of covenant of quiet enjoyment, (3) negligent and intentional infliction of emotional and mental distress, (4) nuisance, (5) negligence, (6) declaratory relief, and (7) injunctive relief. On November 30, 2016, plaintiffs substituted Arbor Vitae for Doe 1. On June 9, 2017, plaintiffs Ernesto Arangoa and Abril Torres dismissed their claims. On November 3, 2017, Mabry filed a notice of settlement of entire case, stating that a request for dismissal...
2018.3.22 Motion for Leave to Amend 278
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.22
Excerpt: ...r all hours worked. On January 12, 2018, plaintiff filed this opposed motion for leave to amend to add a fifth cause of action under Labor Code section 1198.5 for failure to provide employee records. The Court considered the moving, opposition, and reply papers, and rules as follows. Procedural Requirements A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbe...
2018.3.22 Motion to Stay Action 436
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.22
Excerpt: ...based on allegations that Prime improperly and untimely filed payroll taxes in Partnership's name, causing Partnership to incur late charges. Allegations Prime alleges that on June 6, 2016, it entered into a written agreement whereby it would provide payroll services to Partnership in exchange for money. On April 30, 2017, the parties terminated the agreement. On May 5, 2017, Prime learned that Robledo sent a written “Request for Loss History /...
2018.3.21 Motion to Compel Arbitration 754
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.21
Excerpt: ...public policy, (2) failure to pay overtime, (3) failure to provide meal and rest periods, (4) failure to pay wages, (5) failure to compensate, (6) unfair business practices, (7) whistleblower retaliation, and (8) intentional infliction of emotional distress. On January 31, 2018, USC filed this opposed motion to compel arbitration. (USC styles the procedure as a petition, but it is actually a motion because this case was commenced by complaint.) O...
2018.3.21 Petition to Approve Minor's Compromise 173
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.21
Excerpt: ... (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) reckless infliction of severe emotional distress, and (4) violation of Business and Professions Code sections 17500 and 17200. On July 24, 2017, an application and order appointing Lawrence as plaintiff's guardian ad litem was filed. On March 15, 2018, plaintiff filed this petition to approve minor's compromise. The Court considered the petition and ru...
2018.3.21 Motion for Judgment 993
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.21
Excerpt: ..., default was entered against defendant. Plaintiffs now seek default judgment in the principal amount of $317,127.74. The Court reviewed plaintiff's default judgment package and rules as follows. Procedural Requirements On December 15, 2017, default was entered against defendant. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 20. It includes a proposed form of j...
2018.3.20 Demurrer 978
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.20
Excerpt: ...at their home. ESP subcontracted the installation to Brothers. Hamilton agreed to insure plaintiffs as additional insureds under a $1 million commercial general liability insurance policy effective January 1, 2017 through January 1, 2018. On July 27, 2017, plaintiffs' real property sustained damage during the installation. Plaintiffs notified defendants, submitted a claim, and demanded payment for repairs. The insurance policy covered the damage....
2018.3.19 Notice of Stay of Proceeding 503
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.19
Excerpt: ...ant of preference, with at most a 15‐day continuance available. Defendant Jason Earl Rubin was defaulted in December 2017, but this Court granted his motion to set aside the default on February 21, 2018. Central to the Court's determination was that it would be holding trial in this matter promptly on March 19, 2018. Defendant's counsel represented: “Defendant is prepared to conduct trial pursuant to CCP Section 36.” (February 13, 2018, Rep...
2018.3.19 Motion for Preferential Trial Date 503
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.19
Excerpt: ...ant of preference, with at most a 15‐day continuance available. Defendant Jason Earl Rubin was defaulted in December 2017, but this Court granted his motion to set aside the default on February 21, 2018. Central to the Court's determination was that it would be holding trial in this matter promptly on March 19, 2018. Defendant's counsel represented: “Defendant is prepared to conduct trial pursuant to CCP Section 36.” (February 13, 2018, Rep...
2018.3.16 Motion to be Relieved as Counsel 794
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.16
Excerpt: ...th <011e00030190019a018c01 01890189017d018c019aLs withdrawal, at least insofar as it supports the asserted complete breakdown of the attorney‐client relationship. The Court sets an Order to Show Cause Regarding Representation of these defendants for April 16, 2018, at 8:30 a.m. If new counsel has substituted in by that date, the hearing will go off calendar. Upon non‐appearance of these defendants, the individuals will be self‐represented <...
2018.3.16 Motion for Default Judgment 559
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.16
Excerpt: ...ectric began. Defendants failed to install an operable solar power system and one that will pass inspection. On October 2, 2014, plaintiff filed a complaint and on April 22, 2016, the operative first amended complaint for (1) breach of contract (against Santillan and General Electric), (2) breach of contact (against Washington and Genesis), and (3) fraud (against all four defendants). On May 23, 2016, Washington and Genesis, both represented by W...
2018.3.15 Request for Default Judgment 284
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.15
Excerpt: ...laim for punitive damages and the Doe defendants, obtained entry of default against the two named defendants, and submitted an initial default judgment package seeking only injunctive relief and recovery of costs (initial filing fee only). <003200510003002d00440051005800440055005c0003001c000f0003001500130014001b000f00030057004b00480003002600520058005500570003000b002d00580047004a00480003002e0044004f004c0051000c0003004700480046004f004c005100 480047...
2018.3.15 Motion to Set Aside Memorandum of Costs 188
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.15
Excerpt: ...tur states: “The parties are to bear their own costs on appeal.” However, the Court of Appeal's April 25, 2017, opinion states: “Khodayari is to recover his costs on appeal.” The Court will assume in this ruling that plaintiff is entitled to costs on appeal. The Court OVERRULES defendants' objection to plaintiff's opposition. Defendants have been able to respond to the opposition, though late‐filed and improperly served. After a close r...
2018.3.15 Motion to Bifurcate, for Protective Order 665
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.15
Excerpt: ...impose ex <016f016f0003015d012800 01750102018c01c70003Ljudgment motion turns out to be without merit. The Court sees insufficient reason to depart from the normal practice here. Clinton's co‐defendants prevailed on their anti‐SLAPP motions due to the second <01280003017501b5019001 019a018c0102019a011eL a probability of success. This is a case‐specific analysis, and it also (as here) may be plaintiff‐specific, and defendant‐specific. A <...
2018.3.15 Motion to Compel Arbitration 617
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.15
Excerpt: ...ruary 20, 2018, order granting defendants' petition (Judge Raphael) does not carve out as nonarbitrable any claims. There was no motion for reconsideration filed. The Court does not have authority to reconsider the January 23, 2018, ruling by Judge Kalin. The January 23 minute order does state that, following the hearing and the departure of defendant's counsel, plaintiff's counsel informed the Court in an ex parte communication that the gran...
2018.3.13 Motion to Trifurcate 547
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.13
Excerpt: ...t Equity. On January 17, 2014, plaintiffs filed a complaint for (1) Landlord Retaliation in Violation of Civil Code section 1942.5, (2) Contractual Breach of the Warranty of Habitability, (3) Tortious Breach of the Warranty of Habitability, (4) Negligent Violation of Statutory Duty to Maintain Habitable Conditions, (5) Negligence, and (6) Violation of Business and Professions Code section 17200. On November 2014, plaintiffs filed amended complain...
2018.3.13 Motion for Terminating Sanctions or to Compel, Vacate Discovery Order 430
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.13
Excerpt: ...ng to proof for her vehicle and a two-time civil penalty. On November 27, 2017, the Court ordered defendant to produce supplemental responses to Plaintiff's Request for Production of Documents, Set One, Nos. 10, 16, 23, 31, 48, 57, 58, 65- 67 (the “Discovery Order”). (Panchal Decl. Exh. 1.) Afterwards, defendant served plaintiff a CCP § 998 Offer to Compromise in lieu of producing the documents from the Discovery Order. In order to examine t...
2018.3.9 Motion for Judgment 690
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.9
Excerpt: ..., default was <0048004900440058004f00 00570048005500480047> against Salz. On April 16, 2015, plaintiff filed a notice of automatic stay caused by a filing in another court. On January 7, 2016, Kelly filed a notice of termination of stay, indicating that the Bankruptcy Court for the Southern District of Texas lifted the automatic stay. On January 22, 2016, Kelly filed a notice of stay caused by Rashad's filing for bankruptcy in the Bankruptcy Cour...
2018.3.8 Demurrer 056
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.8
Excerpt: ... violation, (2) unfair competition, (3) fraudulent misrepresentation, (4) negligent misrepresentation, and (5) Song- Beverly Consumer Warranty Act violation. On January 25, 2018, Hyundai filed this opposed demurrer for insufficient facts and uncertainty, and this unopposed motion to strike the prayer for punitive damages and related allegations. Defendant's counsel submitted a compliant meet and confer declaration. CCP § 430.41; Tahsildoost Decl...
2018.3.7 Motion to Quash Deposition Subpoenas 883
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.7
Excerpt: ...rties. On June 13, 2017, plaintiff filed a complaint asserting 14 causes of action. On January 19, 2017, plaintiff filed these opposed motions to quash deposition subpoenas served on his subsequent employers, third parties Spectrum King LED and Growcetnia, Inc. Neither side requests sanctions. The Court considered the moving and opposition papers, and rules as follows. Motion to Quash Standard When a subpoena requires the attendance of a witness ...
2018.3.7 Motion to be Relieved as Counsel 095
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.7
Excerpt: ...and Michael Lee sue the same defendants asserting the same wage and hour law violations arising from the same employment relationship. On January 31, 2018, defendants' counsel, Jason J. Kim of Law Offices of Kim, Au & Associates, filed these three virtually identical unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis The motions satisfy the procedural requirements. The notices of mot...
2018.3.6 Demurrer, Motion to Expunge Lis Pendens 108
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.6
Excerpt: ...K's CEO and CFO) for wage and hour law violations, defamation, and related claims. SBK's Allegations SBK alleges that it is an investment company that invests in, among other things, aircrafts and real property. From December 2013 to July 2016, Sargsyan was plaintiff's president. On September 30, 2015, Sargsyan formed Regdalin Aviation without informing SBK and remains Regdalin's managing member. Sargsyan received business opportunities that he i...
2018.3.6 Motion to be Relieved as Counsel 213
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.6
Excerpt: ...and Michael Lee sue the same defendants asserting the same wage and hour law violations arising from the same employment relationship. On January 31, 2018, defendants' counsel, Jason J. Kim of Law Offices of Kim, Au & Associates, filed these three virtually identical unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis The motions satisfy the procedural requirements. The notices of mot...
2018.3.6 Notice of Related Case 043
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.6
Excerpt: ... of judicial resources if heard by different judges.” CRC, rule 3.300(a)(1)-(4). Defendant Fakheri identifies the first, second, and fourth factors as applicable. Defendant filed a notice of related case as to (1) LASC Case No. BC685560, which is pending in the Stanley Mosk Courthouse, Department 34, Judge Linfield presiding, and (2) LASC Case No. BC659534, which is pending in the Stanley Mosk Courthouse, Department 47, Judge Hammock presiding....
2018.3.5 Demurrer 794
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.5
Excerpt: ... count: open book account, (4) breach of oral joint venture agreement (Mia-Ethio), (5) declaratory relief, (6) breach of fiduciary duty, and (7) conversion. Kidane sues Michael Drake, Janice Drake, Hal Sandler, Linda Sandler, Phillip Richard Schmidt, Larry Henson, Antonio L. Quinto, Mida Industries, Mida Automotive, Inc., Richco, Inc., RS Global Consulting, LLC for damages, constructive trust, injunctions, civil penalties, and other relief based ...
2018.3.5 Motion to Compel Further Responses 522
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.5
Excerpt: ...tory and nine document requests at issue. Plaintiff responded with an objection that discovery had closed. Special interrogatory No. 1 asks the plaintiff to identify her former employers since November 2014 and answer a dozen questions about them, including title, location, compensation, and other questions. The nine requests for production seek documents about her employment, performance, and compensation. The Court is not convinced by plaintiff...
2018.3.5 Motion for Default Judgment 885
Location: Los Angeles
Judge: Raphael, Michael J
Hearing Date: 2018.3.5
Excerpt: ...ful termination, FEHA claims, assault, battery, and related claims. On September 20, 2016, Vilchis filed an answer. On August 15, 2017, plaintiff dismissed her claim for punitive damages against Global. On September 26, 2017, default was entered against Global. At the January 26, 2018 FSC, the Court (Judge Kalin) struck Vilchis' answer and entered his default. Plaintiff now seeks default judgments defendants. The Court reviewed plaintiff's defaul...

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