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2023.09.13 Motion for Reconsideration 850
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.13
Excerpt: ...t granted Defendant's motion to compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 6/9/2023 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsideration is warranted. Typically, a motion for reconsideration must be brought within 10 days of entry of the order. Howeve...
2023.09.13 Motion for Reconsideration 060
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.13
Excerpt: ...rranty; (3) breach of Song-Beverly Act section 1793.2; and (4) fraudulent inducement-concealment. On 6/7/2022, the Court granted Defendant's motion to compel arbitration. Now, Plaintiff moves for reconsideration of that ruling based on a change in law. Discussion Plaintiff seeks reconsideration of the Court's 6/7/2022 ruling based on the recently published decision Martha Ochoa v. Ford Motor Company (2023) Cal.Ct.App. The Court agrees reconsidera...
2023.09.13 Motion for Attorney Fees 273
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.13
Excerpt: ... alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) negligent repair. Now, Plaintiff moves for attorney fees totaling $116,244.75. This is based on $77,496.50 in attorney fees, plus a 1.5 lodestar multiplier. Plaintiff also seeks costs totaling $9,047.26. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v....
2023.09.12 Special Motion to Strike, Demurrer 091
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.12
Excerpt: ...ood Medical Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage. Now, Crystal Anderson (Defendant) specially moves to strike Plaintiff's Complaint. The motion is unopposed. Legal Standard On a special motion to strike pursuant to Code of Civil Procedure (CCP) section 425.16, also known as an anti-SLAPP motion, moving part...
2023.09.12 Motion to Approve Stipulation or Satisfy Lien 148
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.12
Excerpt: ...yn Lowd Daniels and Bleaker Daniels (collectively, the Daniels). 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 Homeown...
2023.09.12 Motion for Bifurcation 229
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.12
Excerpt: ...t 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 moves to bifurcate the damages phase from ...
2023.09.11 Motion to Tax Costs 038
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.11
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 furt...
2023.09.11 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.11
Excerpt: ...aining causes of action. Defendant's motion to strike is GRANTED. Defendant's motion is GRANTED, WITH 10 DAYS LEAVE TO AMEND, as to the special damages claim. The motion is GRANTED, WITHOUT LEAVE TO AMEND, as to the remaining requests. On 6/1/2021, Plaintiff Eian Beron, Jr. (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 7/18/2023, Plaintiff filed a second amended compla...
2023.09.08 Demurrer to FAC, Motion to Strike 718
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.08
Excerpt: ...unitive damages and the conspiracy allegations. On 9/20/2022, Plaintiff Gagnon filed suit as an individual and in a directive capacity on behalf of Geminon Properties, LLC (Plaintiff) against Arsalan Hamidi (Defendant). On 6/5/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of operating agreement; (2) breach of fiduciary duties; (3) constructive fraud; (4) constructive trust; (5) conversion; (6) cessation; and (7) decla...
2023.09.07 Motion to Tax Post-Judgment Costs 779
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.07
Excerpt: ...n Sunset, Inc. and Joe's Pizza on Sunset, LLC, alleging: (1) failure to pay minimum wages and overtime wages; (2) failure to provide rest periods and meal periods; (3) failure to pay wages due at time of termination; (4) failure to pay wages due at time of termination; (4) failure to reimburse for business expenses; and (5) unfair business practices. Now, the Court considers whether or not Defendant can be compelled to participate in an ORAP pend...
2023.09.07 Motion to Compel Discovery 921
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.07
Excerpt: ...V Mutual Group, Inc., and Sevan Toroussian, alleging: (1) whistleblower violations; (2) unsafe workplace violations; (3) failure to provide meal and rest periods; (4) failure to pay wages in violation of California Labor Code section 201; (5) failure to furnish compliant wage statements; (6) waiting time penalties; (7) violation of California Business and Professions Code section 17200; (8) retaliation and wrongful termination; and (9) failure to...
2023.09.06 Demurrer 742
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.06
Excerpt: ...gainst PIH Health Whittier Hospital (Defendant 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, alleging: (1) declaratory relief; (2) restitution/unjust enrichment; (3) mistaken receipt; and (4) violat...
2023.09.06 Motion for Attorney Fees 865
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.06
Excerpt: ...tes (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging violations of the Song-Beverly Act. Now, Plaintiffs moves for an award of attorney fees and expenses totaling $75,696.65. This amount consists of: (1) $52,115.00 in attorneys fees; (2) $1,841.40 in costs; and (3) $3,500.00 for Plaintiffs' counsel to review Defendant's opposition, draft the reply, and attend the hearing on this motion. Legal Standard The party claiming...
2023.09.05 Motion for Summary Adjudication 605
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.05
Excerpt: ...a), Lexington Insurance Company, Great American Assurance company, and National Fire & Marine Insurance Company, alleging: (1) breach of contract; (2) tortious breach of contract; and (3) unfair competition. Now, Plaintiff moves for summary adjudication against Defendants Scottsdale Insurance Company (Scottsdale) and Columbia Casualty Company (Columbia) (collectively, Defendants) as to Defendant's duties under Plaintiff's first cause of action. F...
2023.09.05 Demurrer, Motion to Strike 390
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.09.05
Excerpt: ...y, Plaintiffs) filed suit against David Frandzel, an individual and as trustee of the D Lifetime Heritage T Frandzel and Blum M Lifetime Heritage Trust (collectively, Defendant). On 4/14/2023, Plaintiffs filed a first amended complaint (FAC), alleging: (1) breach of implied warranty of habitability; (2) tortious breach of implied warranty of habitability; (3) negligence; (4) intentional infliction of emotional distress (IIED); (5) violation of Un...
2023.08.30 Motions to Confirm Arbitration Award, Petition to Vacate Arbitration Award 848
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.30
Excerpt: ...inst NW Investment Co., Inc. (Respondent) seeking to vacate the arbitration agreement. Now, Respondent NW Investment moves to confirm the arbitration award. Petitioner moves to deny the petition to vacate. For ease, the Court has consolidated its analysis into a single ruling. Legal Standard An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc. § 1287.6; Jones v. Kvistad (1971...
2023.08.30 Motion for Final Approval of Class Action and PAGA Settlement 170
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.30
Excerpt: ...ees filed suit against J&J Snack Foods Corp. of California (Defendant), seeing civil penalties pursuant to the Private Attorney General Act (PAGA), and Labor Code section 2698, et seq. Now, Plaintiff moves for final approval of the Class Action and PAGA settlement. The motion is unopposed. Discussion The Class Action and PAGA Settlement Agreement and Class Action Notice (Settlement Agreement) provides for: …a Gross Settlement Amount (“GSA”)...
2023.08.30 Demurrer 600
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.30
Excerpt: ...ailure to provide medical care allegations supporting the fourth cause of action. 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, Deputy D. Auner, Deputy Hussainian, Deputy M. Salomon, and Deputy J. Stern (collectively, Defendants) . On 5/26/2023, Plaintiff filed a secon...
2023.08.29 Motion to Approve Proposition 65 Action and Enter Consent Judgment 581
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.29
Excerpt: ...S&EE, LLC (Plaintiff) filed suit against Fastener USA Systems, Inc. (Defendant) alleging a violation of Health and Safety Code section 25249.5 et seq. Plaintiff now submits the parties' Consent Judgment to this Court for approval. 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 reasona...
2023.08.29 Demurrer 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.29
Excerpt: ...efendant Robert Lester (Defendant or Mr. Lester) demurs to Plaintiffs' second amended complaint (SAC). Requests for Judicial Notice The Court acknowledges the existence of the documents submitted for judicial notice, but declines to notice the truth of any of those documents. The Court's ruling did not rely on any of the documents contained within the 424-page request for judicial notice. Discussion As a preliminary matter, the Court notes that, ...
2023.08.25 Motion to Continue Trial 283
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.25
Excerpt: ...ief 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 implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Bus...
2023.08.25 Demurrer, Motion to Strike 448
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.25
Excerpt: ...ngly, Defendants' motion to strike is MOOT. On 3/10/2023, Plaintiffs Marvin Pietruszka M.D., Compremed Medical Group, Inc., and Bridgetone Holdings, LLC filed suit against Koruon Daldalyan, M.D., and Del Carmen Medical Center (collectively, Defendants). On 5/23/2023, Plaintiffs filed a first amended complaint (FAC), alleging: (1) fraud and deceit by intentional misrepresentation; (2) fraud and deceit by negligent misrepresentation; (3) fraud and ...
2023.08.23 Motion to File TAC 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.23
Excerpt: ...mplaint (TAC) alleging: (1) breach of contract; (2) construction defects; (3) construction defects; (4) negligence; (5) negligence; (6) negligent infliction of emotional distress; and (7) negligent infliction of emotional distress. Now, Plaintiff seeks leave to amend to file a third amended complaint (TAC). Discussion On 6/30/2023, the Court sustained in part Defendant's demurrer, based on a determination that Plaintiff had improperly added cause...
2023.08.23 Demurrer, Motion to Strike 243
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.23
Excerpt: ...d suit against 80 Defendants alleging 15 causes of action related to COVID-19 mandates. Now, Defendants California Department of Corrections and Rehabilitation, R. Franklin, J. Macomber, K. Allison, and G. Pratt (collectively, Defendants) demur to Plaintiffs' second amended complaint (SAC). Discussion Defendants argue that Plaintiff's SAC is uncertain and cannot state a claim. After review, the Court agrees for a number of reasons. First, Plainti...
2023.08.22 Motion to Compel Arbitration and Stay Pending Completion of Arbitration 072
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2023.08.22
Excerpt: ... LLC (collectively, Defendants), alleging: (1) failure to pay wages due; (2) failure to pay minimum wages; (3) failure to pay overtime compensation; (4) failure to provide meal and rest periods; (5) failure to provide itemized wage and hour statements; (6) waiting time penalties; and (7) unfair competition. Now, Defendants move to compel Plaintiff to submit her claims to binding arbitration and to dismiss this Complaint. Legal Standard Where the ...

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