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2023.07.20 Motion to Bifurcate 024
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.20
Excerpt: ...; (4) breach of fiduciary duty; (5) declaration of resulting trust; and (6) imposition of a constructive trust. Now, Defendant moves to bifurcate trial. Discussion Defendant argues that bifurcation is appropriate here such that the equitable issues are tried first to the Court in a bench trial, before any of the legal claims are tried to a jury. “It is well established that, in a case involving both legal and equitable issues, the trial court m...
2023.07.19 Motion to Set Aside 091
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.19
Excerpt: ...ce with prospective economic advantage; and (2) negligent interference with prospective economic advantage. On 4/13/2023, default was entered against Crystal Anderson. Now, Defendant Crystal Anderson (Defendant) moves to set aside the entry of default. The motion is unopposed. Discussion Defendant argues that default should be set aside because Defendant did not receive actual notice of the proceedings. Alternatively, Defendant seeks relief on th...
2023.07.19 Motion for Attorney Fees 699
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.19
Excerpt: ..., LLC, Sonic Calabasas M, Inc d/b/a Mercedes Benz of Calabasas, alleging breaches of the Song Beverly Consumer Warranty Act. Now, Plaintiff moves for attorney fees totaling $37,290.00 and costs totaling $1,506.02. Plaintiff also requests a 1.1 lodestar multiplier bringing the total amount requested to $42,525.02. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (...
2023.07.18 Motion to Compel Arbitration 821
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.18
Excerpt: ... Inc., UnitedHealth Group, Inc., Epic Management Services, LLC, and Raymond Chan (collectively Defendants), alleging: (1) whistleblower retaliation; (2) race discrimination; (3) gender discrimination; (4) failure to prevent and/or remedy harassment, discrimination, or retaliation; (5) retaliation; (6) defamation; and (7) adverse actions in violation of public policy. Now, Defendants move to compel arbitration of Plaintiff's Complaint, and request...
2023.07.18 Motion to Compel Arbitration 708
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.18
Excerpt: ...moves to compel arbitration of Plaintiff's Complaint. 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 are fraud, duress, and unconscionability. (Tiri v. Lu...
2023.07.17 OSC Re Contempt 609
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...llectively, Plaintiffs) initiated this action. On 4/28/2020, Cross-Complainant Los Angeles Centers for Alcohol and Drug Abuse, Inc. (LA CADA) filed a cross-complaint against Katherine Sang Eun Koo and Susan Ho (collectively, Cross-Defendants). Now, Plaintiff moves for the Court to issue an order to show cause as to why nonparty witness, Jonathan Brand, should not be held in contempt of this court for the disobedience of a subpoena duly served. Th...
2023.07.17 Motion to Compel Arbitration 900
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...ing: (1) expense reimbursement; (2) commission forfeiture; (3) unpaid overtime wages; (4) unpaid wages and civil penalties; (5) waiting time penalties; (6) unfair business practices; (7) employment discrimination on the basis of disability; and (8) retaliation. Now, Defendant moves to compel Plaintiffs to individually arbitrate all of their claims against Defendant. Legal Standard Where the Court has determined that an agreement to arbitrate a co...
2023.07.17 Motion to Bifurcate 229
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...Preston Sertich filed suit against David Rojas and the City of Los Angeles (COLA), alleging (1) invasion of privacy; (2) intentional infliction of emotional distress; (3) negligence; (4) mishandling of human remains; (5) violation of human remains; (5) violation of Civil Code section 1708.85; (6) intrusion into private affairs; and (7) violation of mandatory statutory duties. Now, Plaintiffs move to bifurcate trial in this action to try the Cross...
2023.07.17 Motion for Preliminary Injunction 234
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...gs, LLC, alleging: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) quantum meruit; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) conversion; (7) misappropriation under Uniform Trade Secrets Act; (8) violation of California Labor Code section 2870-2872; (9) breach of fiduciary duty; (10) unfair competition; (11) wrongful termination; (12) negligence; (13) intentional interference...
2023.07.17 Motion for Judgment on the Pleadings 763
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.17
Excerpt: ...suit against Defendants W&B Automotive, Inc dba Bravo Chrysler Dodge Keep Ram of Alhambra and FCA US, LLC (collectively, Defendants), alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Defendant moves for a judgment on the pleadings. Discussion Defendant argues that a judgment on the pleadings is warranted because: (1) Plaintiff Shira Golfeiz Panahi does not have standing to pursue this action...
2023.07.14 Motion to Quash 429
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.14
Excerpt: ...ction. On 3/11/2022, Plaintiff filed a first amended complaint (FAC) against Montebello Unified School District, the Montebello Unified School District Board of Education, Anthony Martinez, Marisol Madrigal, Joanna Flores, Edgar Cisneros, Alejandro Ramirez, Jr., and Jennifer Gutierrez (collectively, Defendants), alleging violation of the California Whistleblower Protection Act. Now, Plaintiff moves to quash subpoenas served by Defendants. Discuss...
2023.07.12 Motion for Judgment on the Pleadings 929
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.12
Excerpt: ...sions Code section 17200; (4) breach of express warranty; (5) breach of implied warranty; (6) Song-Beverly Consumer Warranty Act Civil Code section 1793.2(b). Now, GM moves for a judgment on the pleadings as to the first, second, and third causes of action. GM also moves to strike Plaintiff's prayer for punitive damages. Discussion GM argues that Plaintiff has not alleged any facts which could support the claims sounding in fraud (i.e., the first...
2023.07.12 Motion to Compel Further Responses 134
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.12
Excerpt: ...y, Plaintiffs) filed suit against Cedars-Sinai Medical Center, and California Rehabilitation Institute, LLC, alleging: (1) elder/dependent adult abuse/neglect; (2) negligence/professional negligence; and (3) loss of consortium. Now, Plaintiff David Rodriguez (Plaintiff) moves to compel further production from Defendant to his Request for Production (RFP) No. 3. Discussion Defendant argues that good cause exists to compel a response to RFP No. 3 b...
2023.07.11 Motion to Expunge Lis Pendens 580
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.11
Excerpt: ...t against Full Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a second amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission of contract; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code sections 2945, et seq.; (9) financial elder abuse; and (1...
2023.07.11 Anti-SLAPP Motions 232
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.11
Excerpt: ... Kahen, and Abraham Shofet, alleging: (1) declaratory relief; (2) injunctive relief; and (3) intentional interference with contractual relations. On 10/24/2022, leave to amend was granted to allow Plaintiff to add a cause of action for malicious prosecution, and to add two new defendants (the 9418 Action Plaintiffs Ben Naim and Joseph Cohen). Now, Defendants Cohen, Pourbaba, and Naim specially move to strike Plaintiff's malicious prosecution caus...
2023.07.10 OSC Re Contempt 464
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.10
Excerpt: ...(1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract. On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief. Now, Plaintiff moves for an ord...
2023.07.10 Motion to Compel Further Responses 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.10
Excerpt: .../2022, Plaintiff CBD Franchising, Inc. (Plaintiff or CBD) filed suit against Central Jersey Doors & Closets, LLC, Mary Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. Now, Defendant One Day moves to compel further respon...
2023.07.10 Motion for Assignment and Restraining Order 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.10
Excerpt: ...tal declaration. On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract...
2023.07.06 Motion for Approval of PAGA Settlement 678
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.06
Excerpt: ...ertime compensation; (3) failure to provide meal and rest periods; (4) failure to provide itemized wage and hour statements; (5) waiting time penalties; (6) Private Attorney General Act (PAGA); (7) failure to permit inspection of personnel and payroll records; and (8) unfair competition. Now, Plaintiff and Defendant (collectively, the Parties) jointly more for an order approving the PAGA settlement. Discussion The Settlement Agreement provides fo...
2023.07.05 Motion for Summary Judgment 775
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.07.05
Excerpt: ...t claim. On 2/22/2021, Plaintiff Jesse Janto (Plaintiff) filed suit against Los Angeles County, Los Angeles County Sheriff, and Los Angeles County Correctional Health Services, alleging: (1) general negligence; (2) intentional tort; and (3) medical negligence/malpractice. Now, Defendant County of Los Angeles (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background This lawsui...
2023.06.30 Demurrer, Motion to Strike 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.30
Excerpt: ...sustained, with 15 days leave to amend, as to the seventh cause of action. Defendant's motion to strike is granted. Plaintiff must file a motion for leave to amend in order to plead additional causes of action. On 2/22/2022, Plaintiff Skyler Wells (Plaintiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer. On 2/15/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) ...
2023.06.28 Demurrer 172
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.28
Excerpt: ... an individual and as assignee of Pieces of Eight #1, LLC, Benzion Weiss, and Channah Weiss, filed suit against SNF manager, Inc., Ira Smedra, and Jacob Wintner as Defendants, and Wire Oak SNF, LLC, Long Star SNF Holdings, LLC, Lone Star SNF Holdings II, LLC, and Lone Star SNF Holdings III, LLC, alleging: (1) fraudulent misrepresentation; (2) breach of fiduciary duty; (3) fraudulent misrepresentation; (4) breach of fiduciary duty; (5) breach of c...
2023.06.27 Motion for Summary Judgment 880
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.27
Excerpt: ...ainst Good Samaritan Hospital, Jonathan R. Saluta, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Terrence J. Fitzgibbons, M.D (Dr. Fitzgibbons) and Jonathan R. Saluta, M.D (Dr. Saluta) separately move for summary judgment. For ease, the Court has consolidated its ruling into a single analysis. Factual Background Plaintiff, who was 23-years-old at the time, alleges failure to proper...
2023.06.27 Application for Order to Serve Summons to Secretary of State 320
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.27
Excerpt: ...nity Company, alleging: (1) violation of the Consumer Legal Remedies Act; (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 section 7071.5. Now, Plaintiff moves for an order to serve the Summons and Complaint on Defendan...
2023.06.26 Motion for Supplemental Attorney Fees 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.06.26
Excerpt: ...tlement 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 for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” (CCP § 1021.) “It is well established that the determination of what constitutes reasonable...

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