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2023.04.26 Demurrer, Motion to Strike 600
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.26
Excerpt: ... SUSTAINED, WITH 15 DAYS LEAVE TO AMEND as to the fourth cause of action. Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the fourth and fifth causes of action. Defendant's motion to strike is GRANTED. On 10/15/2020, Plaintiff Whitney Rolland Reed II (Plaintiff or Mr. Reed) filed suit against the County of Los Angeles, Los Angeles County Sherriff s Department, Sheriff Alex Villanueva, Sergeant Rodriguez, Sergeant L. Raymond, Deput...
2023.04.24 Motion to Compel Further Responses 554
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ...nees, 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 ofu•ritten lease; (2) breach ofu•ritten lease; (3) fraud, (4) quantum meruit; (5) open book account; (6) declaratory relief; (7) declaratory relief; and (8) breach of written guarant...
2023.04.24 Motion for Protective Order 436
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ... alleging: (1) age discrimination; (2) retaliation in violation of Labor Code section 1102_5; (3) retaliation in violation of FEHA; (4) retaliation in violation of Health and Safety Code section 1278_5; (5) retaliation in violation of Labor Code section 4310, (6) failure to prevent discrimination and retaliation; (7) interference and retaliation in violation of the Califorma Family Rights Act (CFRA); and (8) wrongful termination. Now, Defendant s...
2023.04.24 Motion for Preliminary Approval of Class Action of PAGA Settlement 887
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ... civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for preliminary approval of the Class Action and PAGA settlement. The motion IS unopposed Discussion The basic terms of the Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agræment) provide for the following: (1) A non-reversionary Gross Settlement Amount of allocated to approximately 2,38...
2023.04.24 Demurrer, Motion to Strike 511
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ...ngeles Regional Center for the Developmentally Disabled, Inc (Defendant), alleging: (1) disability and perceived disability discrimination; (2) retaliation; (3) failure to prevent and/or investigate; (4) failure to provide accommodation; (5) failure to engage in the interactive process; (6) Pregnancy Disability Leave Act; (7) interference with and failure to provide leave (CFRA), (8) wrongftl termination; and (9) declaratory and injunctive relief...
2023.04.24 Demurrer 143
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.24
Excerpt: ..., Defendant demurs to Plaintiffs Complaint Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action_i (Hahn v. Mirda (2007) 147 CalApp_4th 740, 747 (Hahn)) i When considering demurrers, courts read the allegations liberally and in context_i (Taylor v. City of Los Angeles Dept. of Water and Poweri(2006) 144 Cal App 4th 1216, 1228 In a demurrer proceeding, the defects must be apparent on the face of the pleadin...
2023.04.21 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.21
Excerpt: ...erest Najila K. Brent and Najila K. Brent individually filed this action asserting 30 causes of action. On 10/10/2022, Plaintiffs filed an SAC, alleging: (1) wrongful death; (2) gross negligence (3) hospital negligence; (4) professional negligence; (5) medical negligence; (6) medical battery; (7) breach of fiduciary duty; (8) fraud; (9) intentional infliction of emotional distress; (10) negligent infliction of emotional distress; (11) survival ac...
2023.04.21 Demurrer 925
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.21
Excerpt: .... Now, Defendant demurs to Plaintiff's Complaint. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the fac...
2023.04.20 Motion for Terminating Sanctions 642
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.20
Excerpt: ...ons payment within 15 days of entry of this order. On 11/20/2020, Plaintiff Reyna Villegas (Plaintiff) filed suit against Express Source, Inc. dba Parkers PJ Jeans dba WOW, Lookz dba Dematurelized Zone, and Juan Villalobos, alleging: (1) wrongful termination against public policy; (2) wrongful termination against implied employment agreement; (3) racial discrimination; (4) gender discrimination; (5) workplace harassment; (6) retaliation; (7) fail...
2023.04.20 Motion for Summary Judgment 722
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.20
Excerpt: ...econd amended complaint (FAC) alleging: (1) negligence; (2) negligent infliction of emotional distress; (3) breach of contract; (4) malicious prosecution; (5) breach of implied warranty of habitability; (6) intentional infliction of emotional distress; and (7) negligent misrepresentation. Now, Defendant moves for summary judgment of Plaintiff's SAC. Evidentiary Objections CCP section 437c, subdivision (q) provides: In granting or denying a motion...
2023.04.19 Motion to Tax Costs 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.19
Excerpt: ...llowing costs: - Item No. 1: $34 - Item No.3: $40 - Item No.4: $30,31.70 - Item No.5: $213.46 - Item No.8: $4,730 - Item No.11: $610.15 - Item No.12: $34,112.40 - Item No.14: $903.50 - Item No.16: $50,113.96 The Court addresses each item in turn. As to Item No. 1, Defendant argues that Plaintiff has not justified $34 of the filing amount claimed. In opposition, Plaintiff clarified that the Court requires fees to file a stipulation and to fax-file...
2023.04.19 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.19
Excerpt: ... 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) alleging: (1) elder abuse; and (2) wrongful death. On 5/12/2022, Plaintiff substituted Pomona Valley Ho...
2023.04.18 Motion for Summary Judgment 681
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.18
Excerpt: ...: (1) race/national origin discrimination; (2) harassment; (3) failure to prevent discrimination; (4) retaliation; (5) retaliation; and (6) wrongful constructive termination. On 7/13/2021, the parties stipulated to an order dismissing Plaintiff's sixth cause of action for wrongful constructive termination. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's FAC. Evidentiary Objections CCP section ...
2023.04.17 Motion to Compel Arbitration 450
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.17
Excerpt: ...ions Code section 17200. Now, Defendant moves to compel arbitration of Plaintiff's Complaint, and seeks a stay of proceedings 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 controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., �...
2023.04.17 Motion to Bifurcate 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.17
Excerpt: ...ericana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U.S.) Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negligence; (4) negligent misrepresentation; and (5) breach ...
2023.04.17 Demurrer, Motion to Strike 099
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.17
Excerpt: ... (FAC) alleging: (1) breach of contract/breach of quiet enjoyment/warranty of habitability; (2) tortious breach of the implied warranty of habitability; (3) negligence; (4) private nuisance; (5) fraud; (6) unfair business practices; and (7) intentional infliction of emotional distress. Now, Defendant demurs to the FAC in its entirety. Defendant also moves to strike portions of the FAC. Discussion Defendant argues that Plaintiff has failed to stat...
2023.04.14 Motion to Compel Payment of Arbitrator's Fees and Costs or Waive Right to Arbitration 873
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.14
Excerpt: ...sts or waive its right to arbitration is granted. On 4/26/2022, Plaintiff Theresa Driskell, by and through her successor-in-interest, Teresa Smothermon (Plaintiff), and Teresa Smothermon (Smothermon) filed suit against SRG Pacific MGMT LLC, dba the Grove at Cerritos, and the Grove at Cerritos (collectively, Defendants) alleging: (1) elder abuse/neglect; (2) negligent/willful conduct; (3) breach of contract; and (4) wrongful death. On September 7,...
2023.04.14 Demurrer 403
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.14
Excerpt: ...intiffs Jonathan Karsh and Rebecca Rosichan (collectively, “Plaintiffs”) filed a complaint against Defendants Endeavor Content, LLC, Film 45, LLLC, Michael Antinoro, and Max Wagner (collectively, “Defendants”), for breach of oral contract, anticipatory breach of contract, breach of fiduciary duty (partnership), and fraud. On December 15, 2022, Defendants demurred to the complaint. On January 27, 2023, Plaintiffs filed the operative First ...
2023.04.13 Petition to Confirm Arbitration Award 847
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.13
Excerpt: ...dents”) seeking damages, restitution, equitable relief, and attorney's fees and costs for Respondents' alleged failure to pay overtime wages, violations of Labor Code sections 203 and 226, failure to pay commissions on sales, failure to reimburse work-related expenses, hostile work environment, harassment, discrimination, wrongful termination, and unfair business practices. On March 17, 2020, Plaintiff filed suit against Defendants. On February...
2023.04.13 Motion to Compel Deposition of PMQ and Custodian of Records, for Sanctions 615
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.13
Excerpt: ...ertaining to the purchase of a Chevy Silverado. On December 6, 2021, Plaintiff filed suit against Defendants UAG OF CERRITOS I LLC dba PENSKE CHEVROLET OF CERRITOS (“Defendant Penkse”) and GENERAL MOTORS LLC (“Defendant GM”). On December 19, 2022, Plaintiff filed the instant Motion, moving for an order to compel Defendant GM to produce a Person(s) Most Qualified (“PMQ”) and Custodian of Records to be deposed. Legal Standard “If, aft...
2023.04.12 Motion to Tax Costs 591
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.12
Excerpt: ... agreement; (2) open book account; (3) account stated; and (4) breach of personal guarantee. On December 6, 2022, Defendants' request for dismissal was entered as to the entire action of all parties and all causes of action without waiver of court fees and costs. On December 14, 2022, Defendants filed a memorandum of costs seeking a total of $7,424.02 for: (1) filing and motion fees $627.44; (2) attorney fees $6,300.00; (3) electronic filing fees...
2023.04.11 Motion to Tax Costs 879
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.11
Excerpt: ...dant entered into a contract for goods and services. Typecraft then assigned its rights to monies due to Plaintiff. On October 11, 2022, the Court granted Plaintiff's motion for summary judgment, but ruled that attorneys fees, if warranted, should be determined by a separate motion. On December 20, 2022, Plaintiff filed its memorandum of costs. Item 16 listed $10,205.94 in collection costs. Defendant now moves to tax Item 16 from Plaintiff's cost...
2023.04.11 Motion for Terminating Sanctions, or Evidentiary, Issue, and Monetary Sanctions 108
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.11
Excerpt: ...lleging causes of action for violation for the Song Beverly Act against Defendants Kia America, Inc. and Kia of Cerritos. Plaintiff moves the Court for terminating sanctions, or in the alternative evidentiary, issue, and monetary sanctions against Defendant Kia America, Inc. (hereinafter referred to as “Defendant”). Legal Standard If a party fails to comply with a court order compelling discovery responses, the court may impose monetary, issu...
2023.04.11 Motion for Summary Judgment 551
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.11
Excerpt: ...ific West”). Pacific West cross-complained against Vons but later requested dismissal without prejudice. Now, Pacific West moves for summary judgment against Plaintiff on grounds it had no duty to prevent Plaintiff from injuring herself on premises Pacific West did not own, lease, occupy, or control. Legal Standard “A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there ...
2023.04.10 Demurrer 306
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.10
Excerpt: ... a Complaint against Defendants Paul Rivero and Amaya Rivero for elder abuse and intentional infliction of emotional distress. Defendants now demur to both causes of action for failure to state facts sufficient to constitute a cause of action. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action_i (Hahn v. Mirda (2007) 147 CalApp_4th 740, 747 (Hahn)) i When considering demurrers, courts read the allegatio...
2023.04.10 Motion for Attorney Fees 859
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.10
Excerpt: ..., Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty, (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief Defendant Kauai Lagoons Grand Avenue Partners, LLC moves for $3,431,281 00 in attomey's fees. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corpor...
2023.04.06 Motion for Summary Adjudication 229
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.06
Excerpt: ... Baggett, by and through representatives 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, Plainti...
2023.04.05 Motion to Compel Deposition 098
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.04.05
Excerpt: ...ed suit against New City Releasing, Inc. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract Now, Plaintiff moves to compel compliance with third-party subpoena for Nile Niami and the person most qualified (PMQ) of Marbella Construction, Inc. Discussion Plaintiff argues that good cause exists to compel the deposition of Nile Niami on behalf of Marbella Construction because neither of ...
2023.03.29 OSC Re Contempt 148
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.29
Excerpt: ...Daniels and Bleaker Damels_ The complaint is for 1) breach of contract, 2) common count; 3) violation of civil code 8800; and 4) foreclosure of mechanic lien. On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint_ On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeowners Association, U Insurance, and Mercur...
2023.03.29 Motion for Summary Judgment, Adjudication 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.29
Excerpt: ...P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negl...
2023.03.28 Motion to Approve the Entry of Consent Judgment 549
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.28
Excerpt: ...Plaintiff now moves for an order to enter judgment pursuant to the terms of the stipulated settlement reached by the parties in this case on 1/20/2023_ The motion IS unopposed Legal Standard Pursuant to Proposition 65, any business that exposes individuals to chemicals known to the State of California to cause cancer or reproductive harm must provide those individuals with a clear and reasonable warning. (Health & Saf_ Code 25249 6 ) Private indi...
2023.03.28 Motion for Summary Judgment, Adjudication 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.28
Excerpt: ...P_, Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC (collectively, Plaintiffs), filed suit against Allied World Assurance Company (U Inc., (AWAC) Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co Insurance Brokers of California (Gallagher). On 1/10/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) reformation; (3) negl...
2023.03.23 Motion for Judgment Notwithstanding the Verdict 907
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.23
Excerpt: ...Zhao and Bowei Zhang (collectively, Plaintiffs) filed a first amended complaint (FAC) against FCC Logistics and Jeremy Wong, alleging: (1) conversion; (2) possession of personal property and damage; and (3) declaratory relief. On April 15, 2019, FCC Logistics filed a cross-complaint (XC) against Guangyu Zhao, Bowei Zhang, JZ USA Group Inc., Kevin Qu, Gua Investment, Inc , Qiang Hua, Spartan Auto Collection, and United Auto Finance, alleging. (1) ...
2023.03.23 Motion for Assignment and Restraining Order 062
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.23
Excerpt: ...hem. On September 1 , 2020, Plaintiff filed a sa•ond 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 fore-closure; and (11) reformation of contract Now, Plaintiff seeks an order of assignment and restraining order. Discussion Plaintiff seeks assi...
2023.03.22 Motion for Attorney Fees 911
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.22
Excerpt: ...al 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 CalApp_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 establis...
2023.03.22 Demurrer 125
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.22
Excerpt: ... 10/25/2022, Plaintiff Arsalan Hamidi (Plaintiff) filed suit against Brett Gagnon, George B. Gagnon, Geminon Properties, LLC, and Ashley R. Gagnon (collectively, Defendants), alleging: (1) violation of Georgia Code section 14-11-313; (2) fraud, (3) negligent misrepresentation; (4) breach of operating agreement; (5) breach of operating agreement; (6) breach of fiduciary duties; (7) constructive fraud; (8) unjust enrichment; (9) conversion; (10) ce...
2023.03.20 Motion to Compel Arbitration, Deposition of PMK 111
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.20
Excerpt: ...e (5) court days prior. In light of this ruling, Plaintiffs motion to compel the deposition of Defendant's PMK is MOOT. On 4/21/2021 Plaintiff Amy Soza (Plaintiff) filed suit against Nissan North America, Inc. alleging violations of the Song-Beverly Act. Now, Defendant moves to compel arbitration of Plaintiffs Complaint Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Coult shall order the pet...
2023.03.16 Motion for Summary Judgment 208
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.16
Excerpt: ...ealment; (3) violation of the Unfair Competition law; (4) violation of Califomia Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. Now, Defendants Intero Real Estate Service, Inc. and Intero Franchise Services, Inc. (collectively, Intero Defendants or Defendants) move for summary judgment, or in the alternative summary adjudication, of Plaintiffs SAC. Fa...
2023.03.16 Motion for Attorney Fees 520
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.16
Excerpt: ...ly Act (breach of express warranty), (2) violation of Song- Beverly Act (breach of implied warranty); (3) violation of Song-Beverly Act section 1793.2, and (4) fraudulent concealment Now, Plaintiffs seek to recover attorney fees totaling $193,789.50 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 CalA...
2023.03.03 Motion to Enforce Settlement 344
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.03
Excerpt: ...g Trust Dated September 12, 2006 (Plaintiff) filed suit against Jae S. Kim (Defendant), alleging: (1) partition and/or imposition of equitable easement based on encroachments; (2) judicial determination of boundaries; (3) intentional trespass; (4) negligent trespass; (5) forcible entry; and (6) intentional infliction of emotional distress (IIED). On 8/3/2021, Plaintiff substituted Doe 1 for Ocean Sunrise, LLC. On 2/18/2021, Defendant's unopposed ...
2023.03.03 Demurrer 140
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.03
Excerpt: ...plaint (FAC). On 11/14/2022, Plaintiffs filed a second amended complaint (SAC) alleging: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of fiduciary duty; and (4) breach of contract. On 10/10/2022, Plaintiffs dismissed Angel Wayhang Kou and Umro Realty Group from the action. Now, Defendant Matthew Wilkie (Defendant) demurs to Plaintiff's third cause of action. Discussion Defendant argues that Plaintiff's SAC still ...
2023.03.01 Motion to Compel Arbitration 758
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.01
Excerpt: ...ed suit against Alo House Holdings, LLC and Acadia Malibu, Inc. (collectively, Defendants), alleging: (1) disability and perceived disability discrimination; (2) retaliation; (3) failure to prevent and/or investigate; (4) failure to provide accommodation; (5) failure to engage in the interactive process; (6) wrongful termination; and (7) declaratory and injunctive relief. Now, Defendants move to compel arbitration of Plaintiff's Complaint, and a ...
2023.03.01 Motion for Judgment Notwithstanding the Verdict 859
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.01
Excerpt: ...oons Grand Ave Partners, LLC; Timbers Resort Management, LLC; and Tower Kauai Lagoons, LLC. On 8/19/16, Plaintiff filed an FAC, alleging: (1) breach of contract; (2) breach of fiduciary duty; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) accounting; and (6) declaratory relief. Now, Plaintiff moves for a new trial. Plaintiff also moves for a judgment notwithstanding the verdict. Legal Standard A verdict may be vacated and...
2023.03.01 Demurrers to FAC, Motions to Strike 201
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.03.01
Excerpt: ...izade, and Masoumeh Siamizade. On 11/14/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) general negligence; and (2) intentional tort. Now, Defendants Steven Meier, MD and Steven W. Meier M.D., Inc dba Meier Orthopedic Sports Medicine (collectively, Defendants) demur to Plaintiff's FAC. The motions are unopposed. Discussion I. Negligence Defendants argue that Plaintiff has improperly alleged general negligence, rather than prof...
2023.02.28 Motion for Summary Judgment 873
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.28
Excerpt: ...t; and (2) breach of the implied covenant of good faith and fair dealing. Now, Defendant moves for summary judgment, or, summary adjudication in the alternative, of Plaintiff's Complaint. Evidentiary Objections In light of the ruling, the Court does not rule on the submitted evidentiary objections. (CCP § 437c, sud. (q).) Discussion Defendant argues that Plaintiffs cannot state a claim because the policy excludes coverage when an insured makes a...
2023.02.27 Motions to Compel Compliance with Deposition Subpoena, to Quash Deposition 386
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...mplaint (FAC) against Whatley Kallas, LLP, Whatley Kallas, LLC, and Consumer Watchdog, alleging: (1) equitable indemnity; (2) contribution; and (3) declaratory relief. On 3/1/2022, Whatley Kallas, LLP (WK) filed a Cross-Complaint (XC) for implied equitable indemnity and declaratory relief against KCC Class Action Services, LLC (KCC), Kurtzman Carson Consultants (KCC), Computershare Communication Services, Inc. (CCS), and Gibson Dunn & Crutcher, I...
2023.02.27 Motion for Summary Judgment, Adjudication 223
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...against Downey Industrial Medical Group (DIMG), alleging: (1) breach of oral agreement; (2) breach of implied agreement; (3) promissory estoppel; (4) unjust enrichment; (5) account stated; (6) money had and received; (7) accounting; (8) constructive trust; (9) conversion; and (10) unfair business practices. On 10/19/2022, Plaintiffs Faramarz Fred Khallili (Khallili) and Lotus Medical Management (Lotus) filed a dismissal with prejudice, leaving on...
2023.02.27 Motion for Protective Order 551
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...s liability. Now, Vons seeks a protective order precluding the deposition of Vons District Manager, Jennifer Holden. Discussion Vons argues that Plaintiff should be precluded from deposing Ms. Holden, given that she does not have any personal knowledge concerning the subject incident and is not involved in the day-to-day operations of the store. Moreover, Vons' management employees (David Vollmer and Michael Thomas) have already provided in exces...
2023.02.27 Motion for Judgment on the Pleadings 431
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ...), alleging: (1) breach of contract: breach of the implied covenant of good faith and fair dealing; (2) declaratory relief; (3) fraud; (4) breach of fiduciary duty; and (5) accounting. Now, Defendants move for a motion for judgment on the pleadings. Factual Background Plaintiff's action concerns allegations that he holds a 40% interest in Gas Media Group (GMG). In turn, Defendants allege that while this was contemplated, such an agreement was ult...
2023.02.27 Demurrer, Motion to Strike 693
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.02.27
Excerpt: ... and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. Now, Edward J. Siegler (Defendant) demurs to the second cause of action. Defendant also moves to strike portions of the Complaint. The motion is unopposed. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts to state a claim for breach of fiduciary duty. The elements of a claim for breach of fiduciary duty are nominally si...

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