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2024.01.22 Demurrer, Motion to Strike 949
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.22
Excerpt: ... motion is GRANTED, WITH 10 DAYS LEAVE TO AMEND, as to the allegations concerning the 2017 Complaint. - The motion is SUSTAINED, WITHOUT LEAVE TO AMEND, as to the punitive damages prayer against the City and the first, third, fourth, sixth, seventh, ninth, and tenth cause of action against Individual Defendants. On 6/7/2023, Plaintiff Adan Iman (Plaintiff) filed suit against the Bureau of Sanitation, City of Los Angeles, Rowena Lau, Eva Sung, Lis...
2024.01.19 Motion for Summary Judgment 707
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.19
Excerpt: ...t; (2) common count—quantum meruit; (3) common count—account stated; (4) common count—open book account; and (5) foreclosure of mechanic's lien. Now, Defendant Santa Cerritos, Inc. (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background Plaintiff alleges that it is owed for construction work it performed as a general contractor pursuant to a written contract with Defen...
2024.01.18 Motion to Tax Costs 865
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.18
Excerpt: .... Discussion Plaintiff claims $1,841.40 in costs. Defendant contends that $681.35 of these costs should be taxed. After review, the Court disagrees. There is no dispute that Plaintiff is the prevailing party, and thus is entitled to recover costs. (Civ. Code § 1794(d).) However, Defendant objects to the following costs: (1) $150.00 for “Jury Fees.” (2) $83.70 for “Witness List; Jury Instructions.” (3) $147.65 for “Preparation for Trial...
2024.01.17 Motion for Judgment on the Pleadings 199
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.17
Excerpt: ... moves for a judgment on the pleadings. Discussion Defendant argues that Plaintiff's claims should be dismissed because they are legally impermissible as a violation of the California Constitution. More specifically, Defendant argues that AB 218—which extended the statute of limitations in child sexual abuse cases and relieved such plaintiffs from the government claim requirement—is unconstitutional, because it purports to retroactively exemp...
2024.01.16 Petition to File Unredacted Billing Records for Review 563
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.16
Excerpt: ...ttorneys fees and costs related to his arbitration. Now, Petitioner moves to compel Respondent to arbitrate and pay Petitioner's reasonable attorneys fees and costs related to his arbitration. Discussion Petitioner seeks to compel Respondent to participate in arbitration, and seeks attorney fees on the basis that MediaLab did not pay arbitration fees within 30 days of receipt of the invoice and thus is in material breach of the agreement to arbit...
2024.01.12 Demurrer 742
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.12
Excerpt: ... or PIH), 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 9/21/2023, PIH filed a first amended cross-complaint (FXC) alleging: (1) declaratory relief; (2) restitution/unjust enrichment; (3) mistaken receipt...
2024.01.11 Motion for Judgment on the Pleadings 638
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.11
Excerpt: ...) aiding and abetting attempted extortion; (4) false light; and (5) defamation per se. Now, Defendant Childs (Defendant) moves for a judgment on the pleadings as to the three causes of action asserted against him. Discussion Defendant argues that Plaintiff cannot state a claim for the three causes of action asserted against him—IIED, attempted extortion, and aiding and abetting extortion— because Plaintiff has not alleged sufficient facts to ...
2024.01.10 Motion to Compel Compliance 248
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.10
Excerpt: ...led a first amended complaint (FAC) alleging: (1) declaratory relief; (2) trespass; and (3) private nuisance. Now, Plaintiff moves to compel Defendant's compliance with the subpoena for business records served on M&G Civil Engineering & Land Surveying (M&G). Discussion Plaintiff served a subpoena for business records on M&G on October 5, 2021. M&G's deposition was conducted on May 24, 2023. M&G produced documents on June 12, 2023. (Erigero Decl. ...
2024.01.10 Motion to Compel Arbitration 584
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.10
Excerpt: ...Plaintiff to arbitrate her Complaint and stay the action pending the completion of arbitration proceedings. 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...
2024.01.10 Demurrer 431
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.10
Excerpt: .... (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 9/20/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of oral contract: breach of the implied covenant of good faith and fair dealing; (2) promissory fraud (3) fraudulent concealment; and (4) breach of fiduciary duty. Now, Defendant Keaton Keller (Defendant) demurs to the second and third causes ...
2024.01.09 Motions to Quash, to Compel Further Responses, for Sanctions 898
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.09
Excerpt: ...lure to provide reasonable accommodations; (5) failure to engage in good faith interactive process; (6) violation of California Family Rights Act (CFRA); (7) declaratory judgment; (8) wrongful termination; (9) denial of and discrimination based upon the use of sick leave; (10) failure to pay wages; (11) failure to pay minimum wages; (12) failure to pay overtime compensation; (13) failure to provide meal and rest periods; (14) failure to provide i...
2024.01.09 Motion for Protective Order 229
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.09
Excerpt: ... Janet Baggett and 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, Defendant David Rojas (Rojas) moves for a prote...
2024.01.08 Motion to Compel Deposition ot PMQ 575
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.08
Excerpt: ... Medina Gomez aka Gabriela Medina and Janneth Elizalde (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging a violation of the Song-Beverly Act—breach of express warranty. Now, Plaintiffs move to compel Defendant to produce a Person(s) Most Qualified and Custodian of Records to be deposed. Discussion Plaintiffs argue that Defendant must be compelled to produce a PMQ because despite numerous efforts to meet and confer, Def...
2024.01.08 Demurrer, Motion to Strike 560
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.08
Excerpt: ...rance Company, Mount Vernon Fire Insurance Company, Snapp & Associates Insurance Services, LLC (SNAPP), Alkeme Insurance Services, Inc., and Robin Niehaus (collectively, Defendants). On 11/7/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) breach of fiduciary duty; (2) negligence; (3) negligent misrepresentation; (4) intentional misrepresentation; (5) breach of contract; (6) tortious breach of the implied covenant of good fait...
2024.01.05 Motion to Tax Costs 038
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.05
Excerpt: ...(1) defamation-libel; (2) defamation-slander; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant moves to tax costs. Discussion Defendant seeks an order taxing the following cots: - Item 1: Filing fees totaling $5,007.88. Defendant argues that these should be reduced to $850, and should be equitably reduced fur...
2024.01.05 Demurrer, Motion to Strike, Special Motion to Strike 014
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.05
Excerpt: ...Defendant's demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND, as the first cause of action against Virtual and Individual Defendants Karraa and Stephens. Defendant's motion to strike is DENIED. On 12/7/2020, Plaintiffs Anton Karraa, Rabadi Service Station, Inc., J. Keith Stephens, and Virtual Media, In. filed suit against the City of Los Angeles and Outfront Media, LLC alleging: (1) writ of mandate; (2) violation of California Unfair Competitio...
2024.01.04 Motion to Compel Further Responses 500
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.04
Excerpt: ...intiff) filed suit against Gardena Retirement Center, Inc. dba Gardena Retirement Center (Defendant), alleging: (1) dependent adult abuse/neglect; and (2) negligence. Now, Plaintiff moves to compel compliance with RFPs. Discussion Plaintiff seeks to compel further responses to RFP Nos. 12-15, 21, 23, 38, 46, 53, and 58. After review, the Court agrees and disagrees in part. As for RFP Nos. 12-15, these requests concern Department of Social Service...
2024.01.03 Motion for Summary Judgment 283
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.03
Excerpt: ...n answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Business and Professions Code section 17200. On 5/15/2020,...
2024.01.03 Motion for Sanctions 283
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.03
Excerpt: ...or terminating and/or evidentiary/issue sanctions is DENIED. On 2/21/2020, Plaintiff Era Nouveau Holdings, LLC (ENH or Era Nouveau or Enouvation) filed a Complaint against Southern Motion, Inc. (SM or Southern Motion), setting forth a claim for declaratory relief and a claim for breach of contract. Southern Motion answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Def...
2024.01.03 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.03
Excerpt: ...hrough her successor-in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC). On 5/15/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) elder abuse; and (2...
2024.01.02 Motion for Terminating and Monetary Sanctions 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.01.02
Excerpt: ...ly and severally sanctioning Plaintiff and counsel $10,500.00, due, within 20 days of entry of this order. On 4/21/2022, 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...
2023.12.15 Motion for Leave to File Complaint 171
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.15
Excerpt: ...ners, LLC dba Pomona Vista Care Center, and Sun Mar Management Services (collectively, Defendants), alleging: (1) dependent abuse; (2) negligence; (3) violation of Health and Safety Code section 1430(b); (4) willful misconduct; and (5) wrongful death. Now, Defendants move for leave to file a Cross-Complaint (XC). Discussion Defendants seek leave to file a XC for equitable indemnity against Hrayr Basmajian, M.D. A party must obtain leave of court ...
2023.12.13 Demurrer 440
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.13
Excerpt: ... demurrer is OVERRULED. Defendant's motion to strike is DENIED. Defendant Parsoda's demurrer is SUSTAINED, WITH 20 DAYS LEAVE TO AMEND. Defendant's motion to strike is GRANTED as to the generalized product identification language allegations, and MOOT as to the prayer for punitive damages. Defendant ASG's demurrer is SUSTAINED, WITH 20 DAYS LEAVE TO AMEND. Defendant's motion to strike is GRANTED as to the generalized product identification langua...
2023.12.12 Motion to Compel Arbitration 747
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.12
Excerpt: ... Alan Greenberg, Deborah S. Mallgrave, Jenna E. Dunn, Brian L. Williams, Bailee B. Pelham, and Michael Reck (collectively, Defendants), alleging: (1) professional negligence; (2) breach of contract; (3) breach of fiduciary duty. Now, Defendants move to compel Plaintiff to arbitrate her Complaint, and stay this action pending the completion of arbitration. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy e...
2023.12.12 Motion to Compel Arbitration 464
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.12
Excerpt: ...) retaliation in violation of Labor Code section 1102.5; (2) retaliation in violation of Labor Code section 6310; and (3) unfair business practices. Now, Defendant moves to compel Plaintiff to arbitrate her Complaint, and stay this action pending the completion of arbitration. 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 ...

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