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2023.12.11 Motion to Tax Costs 455
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.11
Excerpt: ...nt is not the prevailing party; (2) the deposition costs are excessive; and (3) the service of process fees for members of the LAPD should not be recovered as they were not called as witnesses. As to the first contention, Defendant is the prevailing party. As set forth in Code of Civil Procedure Section 1032(a)(4), a prevailing party: “…includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defen...
2023.12.11 Motion for Equitable Relief 400
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.11
Excerpt: ...lth and Safety Code section 1278.5; (2) Labor Code section 98.6 and 1102.5; (3) Business and Professions Code section 2056; (4) discrimination; (5) retaliation; (6) harassment; and (7) failure to prevent harassment, discrimination, and/or retaliation. Now, Plaintiff moves for equitable relief. Discussion Plaintiff moves for equitable relief so that he can be placed in the same position he would have been had the County of Los Angeles not violated...
2023.12.11 Demurrer 324
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.11
Excerpt: ...l District (LAUSD) demurs to Plaintiff's FAC. Discussion Defendant argues that Plaintiff cannot state a claim because: (1) her FAC fails to establish compliance with the statutory requirements of CCP section 340.1; (2) she has not pled facts with the required particularity against a public entity; (3) her fourth cause of action only creates direct liability for individuals and not a public entity; and (4) as to public entities, the retroactive ap...
2023.12.08 Demurrer 999
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.08
Excerpt: ...hzar Sedghi to Plaintiffs; and (2) failure to provide medical records of Mahzar Sedghi to Plaintiff's attorney or agent pursuant to Evidence Code section 1158. Now, Defendant demurs to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's claims are not based on recognized causes of actions, and even if they are, Plaintiff has not alleged sufficient facts to state a claim. In determining whether a cause of action is sufficient, the ...
2023.12.07 Motion to Compel Arbitration, for Leave to File SAC 258
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.07
Excerpt: ... Defendants). On 5/11/2021, Plaintiff filed a first amended complaint (FAC) alleging: (1) sexual harassment; (2) sexual discrimination; (3) failure to take all reasonable steps to prevent harassment and discrimination; (4) retaliation; (5) intentional infliction of emotional distress (IIED); (6) negligent hiring, supervision, and/or retention; (7) failure to provide meal periods; (8) failure to authorize and permit rest periods; (9) failure to pa...
2023.12.04 Demurrer 661
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.04
Excerpt: ...o lists a motion to strike, no such motion was included in the moving papers, and thus is not considered here. Discussion Defendant argues that Plaintiff has failed to state a claim because: (1) the person who filed the pleading does not have the capacity to sue; (2) the Complaint lacks sufficient facts to state a claim; and (3) the pleadings are uncertain, ambiguous, and or unintelligible. As a preliminary matter, Defendant's memorandum of point...
2023.12.01 Demurrer, Motion to Strike 929
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.12.01
Excerpt: ...igent misrepresentation; (3) Business and Professions 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 demurs to the first, second, and third causes of action of the FAC. 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...
2023.11.30 Motion to Enforce Settlement 429
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.30
Excerpt: ...t agaist Christophe Schatteman, Danielle Schatteman, Christophe and Danielle Schatteman as Trustees of the Christophe and Danielle Schatteman Living Trust 2006, Hair Fashion, Inc., teaming Up, Inc., CS & Associates, Inc., Cristophe Levyn Ownership Group, Inc. and Christophe-Levyn, LLC, alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) account stated; and (4) accounting. Now, Defendants Christophe...
2023.11.30 Motion for Summary Judgment 872
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.30
Excerpt: ...d rest period premiums; (5) waiting time penalties; (6) non-compliant wage statements; (7) failure to reimburse business expenses; and (8) violation of Business and Professions Code section 17200. Now, Plaintiff moves for summary judgment of the Complaint. The motion is unopposed. Discussion Plaintiff argues that she is entitled to summary judgment because Defendant has admitted to the following: - Plaintiff was employed by Defendant from July 7,...
2023.11.27 Motion for Summary Judgment 043
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.27
Excerpt: ...ent of Plaintiffs' Complaint. Discussion Defendant argues that it is entitled to judgment in its favor as a matter of law because Plaintiffs, who bought the vehicle at issue “used,” cannot pursue Song-Beverly claims for breach of implied warranty or breach of express warranty against GM concerning a vehicle that they did not buy as a “new motor vehicle.” In support, Defendant cites Nunez v. FCA US LLC (2021) 61 Cal. App. 5th 385, 399 as t...
2023.11.27 Demurrer 950
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.27
Excerpt: ...en Associates, alleging: (1) negligence; (2) constructive eviction; and (3) breach of LAMC section 45.33. Now, Defendant Cedros Garden Associates (Defendant) demurs to Plaintiffs' Complaint. Discussion Defendant argues that Plaintiff's claims are insufficiently pled. After review, the Court disagrees. As for the first cause of action, Defendant argues that Plaintiffs have not alleged sufficient facts to state a claim for negligence because “Pla...
2023.11.22 Motion to Vacate Order 821
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.22
Excerpt: ...the agreement. On 12/5/2022, Plaintiff Sylvia Gates Carlisle (Plaintiff) filed suit against Beaver Medical Group, P.C., Optum, 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) a...
2023.11.21 Motion for Summary Judgment 359
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.21
Excerpt: ...r retaliation; (2) wrongful termination; (3) non-payment of earned wages; (4) failure to reimburse business expenses; (5) failure to pay overtime wages; (6) failure to provide duty-free meal periods; (7) failure to provide duty free rest periods; (8) failure to provide accurate itemized wage statements; (9) deficient pay penalties; and (10) waiting time penalties. Now, Defendant Yassine Amalla (Defendant) moves for summary judgment of Plaintiff's...
2023.11.16 Motion to Disqualify 242
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.16
Excerpt: ...fy the law firm of Munger, Tolles & Olson LLP (MTO) as counsel for the Defendant. Discussion Plaintiff argues that MTO must be disqualified as Defendant's counsel because MTO is representing Defendant in a matter substantially related to MTO's previous representation of Plaintiff. In this case, Plaintiff has brought a claim for legal malpractice against Defendant for negligently drafting board consents to implement critical corporate governance c...
2023.11.15 Motion to Compel Further Responses 283
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.11.15
Excerpt: ...gainst 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- Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of imp...
2023.10.27 Motion to Vacate Judgment and Dismiss 181
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.27
Excerpt: ... (Plaintiff) filed suit against the Estate of Reynold F. Paris, trustee of the Paris Family Trust, alleging: (1) rescission; (2) complaint in equity to set aside; (3) fraud; (4) fraud; (5) common counts; (6) common counts; (7) constructive trust; and (8) negligent infliction of emotional distress. Now, Chabad of Ojai Valley (COV) moves to set aside judgment and dismiss this case for lack of jurisdiction over the internal affairs of trusts. Discus...
2023.10.27 Motion for Protective Order 696
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.27
Excerpt: ...) moves for a protective order providing that John Doe's 3 personal identifying information or likeness, including but not limited to a videotape of John Doe's deposition, (1) not be disclosed to anyone other than the attorneys in this matter, and (2) not be disclosed by the attorneys publicly. Discussion Plaintiff seeks a protective order on behalf of “John Doe”, an employee of Bigg Time Entertainment, Inc. Plaintiff argues that John Does is...
2023.10.27 Motion for New Trial 455
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.27
Excerpt: ...ted, in whole or in part, and a new or further trial granted on all or part of the issues on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:¿ ¿ (1)¿Irregularity in the proceedings of the court, jury¿or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;¿ ¿ (2)¿Misconduct of the jury;�...
2023.10.26 Special Motion to Strike 997
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.26
Excerpt: ...ors Trust (Vitar), seeking reimbursement. On 7/18/2023, Vitar filed a cross-complaint against Crusader, alleging: (1) breach of written contract; (2) insurance bad faith; (3) intentional misrepresentation; (4) elder abuse; and (5) declaratory relief. Now, Crusader moves to specially strike Vitar's cross-complaint. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP mot...
2023.10.26 Motion for Terminating, Issue, Monetary Sanctions 554
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.26
Excerpt: ...h Defendant is sanctioned, jointly and severally with counsel, $1,750, due within 20 days of entry of this judgment. On 1/28/2022, Plaintiff Fifth Street Funding, Inc. and Mideb Nominees, Inc. (collectively, Plaintiffs) filed suit against Clayton's Public House, LP, EPG Development, Inc. dba Clayton's Construction, Elizabeth Peterson Group, Inc., Tony Gower Pubs, LLC, Elizabeth Peterson, Tony Gower, and Annette Zilinskas, alleging: (1) breach of ...
2023.10.25 Motion to Transfer 438
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.25
Excerpt: ...1; (2) breach of implied covenant; (3) misrepresentations; and (4) negligence. Now, Defendants move to transfer this action to the Superior Court of the State of California for the County of San Mateo. Factual Background Each of Plaintiff's claims arise from her Instagram account—specifically, Meta's purported response to Plaintiff's Instagram account being hacked by an unknown third party. Discussion Defendants argue that this action is approp...
2023.10.24 Motions to Compel Arbitration, for Attorney Fees 657
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.24
Excerpt: ..., LLC, filed suit against SNF Manager, Inc. and Mecebar, LLC, alleging: (1) securities fraud violation of California Blue Sky Laws (collectively, Defendants); (2) common law fraud; and (3) breach of fiduciary duty. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and to stay all further proceedings in this case until the completion of arbitration. There is a substantially similar motion to compel arbitration pending in Case No...
2023.10.24 Motion to Compel Arbitration, for Attorney Fees 951
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.24
Excerpt: ..., LLC, filed suit against SNF Manager, Inc. and Mecebar, LLC, alleging: (1) securities fraud violation of California Blue Sky Laws (collectively, Defendants); (2) common law fraud; and (3) breach of fiduciary duty. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and to stay all further proceedings in this case until the completion of arbitration. There is a substantially similar motion to compel arbitration pending in Case No...
2023.10.24 Motion for Summary Judgment 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.24
Excerpt: ...nc., Timothy James Parker, Clifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Defendant Archdiocese of Los Angeles (Defendant) moves for summary judgment of Plaintiff's Complaint. Discussion Defendant argues that summary judgment is appropriate here because Plaintiff cannot show that it owes a duty to protect Plaintiff from al...
2023.10.23 Motion to Stay Pending Completion of Arbitration 827
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.10.23
Excerpt: ...aurant and Bar, alleging: (1) failure to pay wages; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage statements; (6) waiting time penalties; (7) failure to indemnify; (8) unfair competition; and (9) failure to permit inspection of personnel and payroll records. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where t...

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