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2024.05.16 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ... second amended complaint (SAC) alleging: (1) trespass; and (2) private nuisance. On 2/29/2024, Defendants moved for summary judgment, or, in the alternative, summary adjudication of Plaintiff's Complaint. Discussion Defendants move the Court for an order granting summary adjudication in favor of Defendants and against Plaintiff as to the following issue: that this Court lacks jurisdiction to enter a judgment as to whether Defendants violated the...
2024.05.16 Motion for Reconsideration, to Compel Further Responses 851
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.16
Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...
2024.05.15 Motion to Compel Further Responses, Deposition 771
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ... Ford Motor Company (Defendant), alleging: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. On 1/31/2024, Plaintiff moved to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. Discussion Plaintiff argues that good cause exists to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. - Special Interrogat...
2024.05.15 Motion to Compel Arbitration 854
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...mon counts. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. The motion is unopposed. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission a...
2024.05.15 Motion for Judgment on the Pleadings 920
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.15
Excerpt: ...n 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...
2024.05.13 Motion for Summary Judgment 876
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.13
Excerpt: ...6/2022, Plaintiff filed a first amended complaint (FAC), alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discrimination; (5) conspiracy to interfere with civil rights; and (6) intentional infliction of emotional distress. Now, Defendants move for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Discussion I. Discrimination based on Race and National Ori...
2024.05.09 Motion for Summary Judgment 842
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.09
Excerpt: ...C (Bravery, LLC). On 8/17/2021, Baker and Bravery, LLC filed a cross -complaint (XC) against BMI and Erika Stallings, alleging: (1) declaratory judgment; (2) declaratory judgment; (3) breach of contract; (4) breach of fiduciary duty; (5) constructive fraud; (6) intentional infliction of emotional distress; and (7) fraudulent inducement On 2/23/2024, Adam Bravery, LLC (Bravery) moves for summary judgment. Discussion Bravery contends that there are...
2024.05.07 Motion to Tax Costs 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.07
Excerpt: ...suit against Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 3/7/2024, Defendants Full Circle Real...
2024.05.07 Motion to Set Aside Entry of Default 208
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.07
Excerpt: ...nd intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. On 5/23/2023, default was entered against Victor Mendiola.[1] On 4/5/2024, Victor Mendiola (Defendant) moved to set aside the entry of default and his dismissal. The motion is unoppo...
2024.05.03 Motion to Quash Service of Summons and Complaint 798
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “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. . . .” CCP § 418.10(a). A court lacks jurisdic...
2024.05.03 Motion for Summary Judgment 615
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...C (Plaintiff) filed suit against Equity Partners, LTD and Christopher Lee, alleging: (1) breach of lease and (2) breach of guaranty of lease. Defendants asserted a Cross -Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. On 8/22/2023, the Court granted Plaintiff/Cross -Defendant's motion for summary adjudication of the issue of reformation, and Defendants/Cross -Complainants claim for detrimental reliance. Now, Plaintiff moves for...
2024.05.03 Motion for Judgment on the Pleadings 642
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.03
Excerpt: ...; (3) constructive trust; and (4) declaratory relief. Now, Defendant moves for a judgment on the pleadings. The motion is unopposed. Discussion Defendant argues that Plaintiff's motion is barred by res judicata/collateral estoppel. The doctrine of res judicata precludes the re -litigation of certain matters which have been resolved in a prior proceeding under certain circumstances. (Brinton v. Bankers Pension Services, Inc. (1999) 76 Cal.App.4th ...
2024.05.01 Motion for Leave to Amend to File SAC 897
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.05.01
Excerpt: ...1) quiet title; (2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non -delivery; (4) recission; (5) slander; (6) fraud; (7) violation of California Business and Professions Code; (8) declaratory relief; and (9) injunctive relief. On 1/17/2024, Plaintiff moved for leave to amend a second amended complaint (SAC). Discussion Plaintiffs seek leave to amend to clarify their allegations. In its r...
2024.04.29 Motion to Conduct Limited Discovery 581
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.29
Excerpt: ...zy Mills Production, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Now, Plaintiff moves to lift the stay in discovery to conduct limited discovery pursuant to CCP section 425.16(g) and to continue Defendants' special motion to strike. Discussion Plaintiff moves to lift the stay in discovery to conduct limited discovery to support her opposition to Defendants' pending anti -SLAPP motion. Af...
2024.04.29 Motion for Assignment Order 474
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.29
Excerpt: ... Health (collectively, Defendants/Judgment Debtors), alleging: (1) breach of contract; (2) breach of implied in fact contract; (3) open book account; and (4) account stated. Now, Plaintiff/Judgment Creditor Hospice Source, LLC (Hospice Source) moves for an order assigning to it the interest, if any, of Defendants/Judgment Debtors. The motion is unopposed. Factual Background On March 8, 2024, judgment was entered in favor of Hospice Source against...
2024.04.25 Motion to Quash 320
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.25
Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...
2024.04.24 Demurrer 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.24
Excerpt: ...n Defendant argues that Plaintiff's Complaint is invalid because it is not properly verified, and because Plaintiff does not have standing to pursue this action. After review, the Court agrees only in part. As to the first contention, Defendant argues that the Complaint is not properly verified because it is verified by the property manager, and Defendant, as a corporation, must provide verification from an officer. However, CCP section 446 expre...
2024.04.23 Motion to Allow Withdraw of Appearance 440
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.23
Excerpt: ...Plaintiffs Jose Guadalupe -Soto Rodriguez and Sara Sanchez (collectively, Plaintiffs) filed suit against 39 Defendants, alleging: (1) negligence; (2) strict liability —warning defect; (3) strict liability —design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. On 2/5/2024, Defendant Caesarstone LTD (Defendant or Caesarstone) moved for an order allowing Lydecker to withdraw its notice of appear...
2024.04.22 Motion to Modify Umbrella Protective Order 736
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.22
Excerpt: ...ract; (3) failure to pay wages when due in violation of California Labor Code section 204; (4) failure to furnish accurate wage statements; (5) failure to pay all wages due on separation; (6) constructive discharge; (7) violation of Business and Professions Code section 17200; and (8) accounting. On 2/13/2024, Plaintiff moved to modify the discovery protective order. Discussion Plaintiff seeks an order modifying the umbrella discovery protective ...
2024.04.22 Demurrer 742
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.22
Excerpt: ..., alleging: (1) quantum meruit; (2) defamation per se; (3) defamation; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic advantage; and (6) inducing breach of contract. On 4/28/2023, PIH filed a cross-complaint (XC) against IAS. On 1/26/2024, PIH filed a second amended cross-complaint (SXC) alleging: (1) civil theft; (2) unjust enrichment; (3) mistaken receipt; and (4) violation of sec...
2024.04.19 Motion to Deem RFAs Admitted, for Sanctions 790
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.19
Excerpt: ...rt declines to award sanctions at this time. On 7/6/2023, Plaintiff Sandra Greene (Plaintiff) filed suit against Farmers Insurance Exchange (Defendant), alleging: (1) breach of implied obligation of good faith and fair dealing; (2) breach of contract. On 3/18/2024, Plaintiff moved to compel responses to her Requests for Admission (RFAs), Requests for Production (RFPs), and Special and Form Interrogatories (Set One). Plaintiff seeks monetary sanct...
2024.04.17 Motion to Quash Service of Summons 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.17
Excerpt: ... mandates. Now, specially appearing Doe Defendant Kristin Crowley (Defendant Crowley) moves to quash service of summons. Discussion Defendant Crowley, the Fire Chief of LAFD as of 3/25/2022 argues that service upon her was defective because Plaintiffs failed to personally serve her by personal service. "Personal Service" has been defined as the actual delivery of the papers to the defendant in person. (See Sternbeck v. Buck (1957) 148 Cal...
2024.04.17 Motion for Attorney Fees 685
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.17
Excerpt: ... 7/28/2024, Plaintiff Debra Mouton filed suit against General Motors, LLC alleging violations of the Song-Beverly Act. Now, Plaintiff moves for attorney fees totaling $90,754.78. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided f...
2024.04.17 Demurrer 593
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.17
Excerpt: ...(SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process. On 3/12/2024, Defendant demurred to the second, third, fourth, and fifth causes of action. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts ...
2024.04.15 Motion for Judgment on the Pleadings 297
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.15
Excerpt: ...nd Benjamin G. Shatz, alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-in- fact contract. Now, Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collective...

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