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20212.14 Motion for New Trial and Judgment Notwithstanding the Verdict 510
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 20212.14
Excerpt: ...ase proceeded to trial against the City, as well as Officer Eric Anderson (who is Plaintiff's uncle) and Sergeant Robert Bechtol. The jury found in favor of Defendants on the civil rights claim and the battery claim. The jury found in favor of Plaintiff against Sergeant Robert Bechtol and the City on the negligence claim and awarded him a total of $3.75 million in past and future non-economic losses. The Court also asked the jury to determine the...
2021.12.20 Motion to Compel Responses 286
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.20
Excerpt: ...finds that on December 1, 2021, Anderson served a verification to its “further, further” responses to said interrogatories, which were originally served (unverified) on November 1, 2021. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Brazier Decl., ¶ 16, Ex, 16; Garratt Decl., ¶ 6, Ex. B.) Sundt's motion to compel “further, further” responses to special interrogatories, set three,...
2021.12.20 Motion for Sanctions 314
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.20
Excerpt: ...appointment of a receiver. Then, Militello filed a cross- complaint in Case Number 21STCV13314, which appeared to be substantively identical to her complaint in Case Number 21SMCV00789. She again sought appointment of a receiver, and the Court (Chalfant, J.) denied the request. Cannaco filed a demurrer to dispose of the duplicative claims, after which Militello filed a request for dismissal of every claim except for one, and the Court dismissed t...
2021.12.16 Motion to Set Aside Default, Judgment 145
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.16
Excerpt: ...96. Plaintiff alleges that it delivered the artificial slab, but Defendants paid only $360,000, leaving a balance of $684,062.96. The Court (Aenlle-Rocha, J.) entered default and default judgments, following which Defendants moved to vacate the entry of default. Judge Aenlle-Rocha denied the motion, finding that Defendants did not “demonstrate[s] a serious intent to defend themselves in this action.” After Judge Aenlle-Rocha was appointed to ...
2021.12.16 Motion to Compel Arbitration 321
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.16
Excerpt: ...019, Defendant filed a demurrer to the complaint that raised one issue: Whether the claims were preempted by the National Labor Relations Act. The demurrer specifically stated that the demurrer “without waiver of or prejudice to its position that [Plaintiff] entered into an arbitration agreement with [Defendant] that covers the allegations set forth by the Complaint.” Before the Court held a hearing on the demurrer, Plaintiff filed a first am...
2021.12.14 Motion to Stay Unlawful Detainer Case 802
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.14
Excerpt: ...nctive relief, and declaratory relief. Plaintiff alleges as follows: Plaintiff is 85 years old and her husband, Jerome McGill, for whom she is attorney-in-fact, is 88 years old. (Complaint, ¶¶ 13-14.) In or about august 2020, R. Marina Raines offered to purchase her residence on behalf of the other defendants (the “Ibanez Defendants”), to which she agreed. (Id., ¶ 15.) Plaintiff attached the agreement as Exhibit A to her complaint. (Id., E...
2021.12.10 Motion for Attorney Fees 624
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.10
Excerpt: ... a total of $74,349 in attorneys' fees, as well as $5,321.86 in costs. Defendants oppose the motion. PROCEDURAL HISTORY Plaintiffs filed this action under the Song-Beverly Consumer Warranty Act on August 13, 2019. The complaint and case management statement were filed by Norman F. Taylor of Norman Taylor & Associates. Defendants filed answers on October 3 and October 17, 2019. The Court held a case management conference on July 20, 2020, at which...
2021.12.09 Demurrer, Motion to Strike 899
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.09
Excerpt: ...tiff”), a self-represented litigant, filed this action against his former attorney, Corey Evan Parker (“Defendant”). Plaintiff alleges that he retained Defendant to appeal an adverse judgment in an unlawful detainer case against Howard and Jean Rosenfeld. Plaintiff alleges that Defendant “negligently performed services and overbilled [him] by several thousands of dollars for the work performed.” Plaintiff alleges that as a result, he lo...
2021.12.08 Motion for Stay of Discovery, to Compel Further Discovery Responses, to Continue Trial Date 955
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.08
Excerpt: ...hat they sold fraudulent “at-home” COVID-19 tests and disinfectants during the pandemic. Specifically, Plaintiff's case is based upon two products: (1) CoronaCide At Home Test Kits, and (2) CoronaStop Disinfectants. Plaintiff alleges that the CoronaCide kits were not approved or authorized by the Food and Drug Administration for home use, and that the disinfectants were not registered with the Environmental Protection Agency or the California...
2021.12.07 Motion to Quash 191
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.07
Excerpt: ...hoorn (“Defendant Boekhoorn”) moves to quash service of the summons and complaint in this matter on two grounds. First, Defendant Boekhoorn argues that he was improperly added as a defendant by an untimely Doe amendment. Second, Defendant Boekhoorn argues that the Court lacks personal jurisdiction over him. The Court grants the motion and dismisses Defendant Boekhoorn with prejudice. PLAINTIFFS' ALLEGATIONS On or about May 11, 2016, Philip La...
2021.12.06 Demurrer, Motion to Strike 683
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.06
Excerpt: ...ic policy. Previously, SEPL moved to strike the prayer for punitive damages, which the Court granted with leave to amend. Now, DELTA demurs to the complaint and moves to strike the prayer for punitive damages and related allegations. A. Demurrer “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court mus...
2021.12.02 Application to Continue Trial, OSC Re Sanctions 535
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.02
Excerpt: ...ms under the Song-Beverly Consumer Warranty Act, as well as a claim for fraud by omission. The Court held a case management conference on February 22, 2019, at which it set the initial trial date of March 16, 2020. On January 31, 2020, the parties filed a stipulation to continue the trial date and all related dates. The stipulation states that the parties “have yet to conclude discovery,” representing that Plaintiff needs to conduct the follo...
2021.12.02 Demurrer 878
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.02
Excerpt: ...coln”), Wayne L. Weaver, TFP Funding Partners, LLC, Daniel M. Silverman, and United of Omaha Life Insurance Company (“United Omaha”) (collectively, “Defendants”). Plaintiffs assert a “First Cause of Action” with five separate counts (for intentional misrepresentation, fraudulent concealment, professional negligence, unfair competition, and intentional infliction of emotional distress) against all defendants except United Omaha. Cert...
2021.12.01 Anti-SLAPP Motion to Strike 885
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.12.01
Excerpt: ...otion. In ruling on a defendant's special motion to strike, the trial court uses a two-step process. First, the defendant must show that the act or acts of which the plaintiff complains were taken in furtherance of the defendant's right of petition or free speech under the United States or California Constitutions in connection with a public issue. (Code Civ. Proc., § 425.16, subd. (b)(1).) If the defendant carries that burden, the burden shifts...
2021.11.24 Application to Continue Trial 152
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.24
Excerpt: ... A.) On November 15, 2021, Plaintiff's counsel again confirmed: “We are on for Friday.” (Id., Exh. B.) Then, on November 16, 2021, Plaintiff's counsel indicated that he was not available due to a commitment at his daughter's school. (Id., Exh. C.) The Court previously issued an order on October 25, 2021, denying the parties' stipulation for a trial continuance. The Court ordered the parties to complete discovery, and Defendants to file any mo...
2021.11.19 Demurrer, Motion to Strike 128
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.19
Excerpt: ... Counts (Money Had and Received) against all defendants Third Cause of Action – Fraud against all defendants Fourth Cause of Action – Breach of Contract (Promissory Note) against all defendants Now, Defendants Great Deal LLC, Dongwei Wang, and Yimian Jia demur to the complaint and move to strike certain prayers. Defendant Farah Daabas joins in the demurrer and motion to strike. The demurrer is sustained, and the motion to strike is granted. F...
2021.11.18 Special Motion to Strike 112
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.18
Excerpt: ...illen, Georgia, posted a negative review of his services on two social media websites, Facebook and Nouzz. Defendant moved to strike Plaintiff's complaint under Code of Civil Procedure section 425.16, and the Court granted the Anti-SLAPP motion. Now, Defendant seeks his attorney's fees by way of noticed motion. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 ...
2021.11.18 Motion to Quash or for Protective Order 717
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.18
Excerpt: ...d harassment. Specifically, Plaintiff alleges that she was sexually harassed by a supervisor, and when she reported the issue, Defendant initiated a retaliatory and discriminatory charge of time theft against Plaintiff, placed her on administrative leave, and subjected her to constructive discharge following a Skelly hearing. On October 13, 2021, Defendant served a notice to take the deposition of Leslie Wilcox, Esq., who was Plaintiff's counsel ...
2021.11.17 Demurrer, Motion to Strike 381
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.17
Excerpt: ...amount of $1,759,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co- debtor and guarantor. On September 8, 2020, Now Solutions and VCS filed a motion for leave to file a cross- complaint. On December 18, 2020, the Court (Aenlle-Rocha, J.) granted the motion, and the cross- complaint was filed on December 22, 2021. Lakeshore filed a demurrer and motion to strike the demurrer on February 10, 2021, and February ...
2021.11.15 Motion to Strike 518
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.15
Excerpt: ...ntiffs' property is parallel to Defendants' property. (Complaint, ¶ 7.) Alongside Defendants' driveway is a planter with three mature coast live oak trees. (Ibid.) The roots of these trees have infiltrated Plaintiffs' property, causing damage. (Id., ¶ 8.) Specifically, the trees have damaged Plaintiff's backyard cinderblock wall. (Ibid.) The trees have damaged the foundation under the kitchen and damaged the garage floor. (Ibid.) The tees have ...
2021.11.15 Motion for Summary Judgment 661
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.15
Excerpt: ...Robert Tortoriello (“Defendant”). Plaintiff alleges that Defendant acted as a guarantor for his son's lease agreement with Defendant, and that Defendant's son breached the lease. Now, Plaintiff moves for summary judgment based upon the Court's order, dated July 27, 2021, deeming Defendant to have admitted the matters specified in the Requests for Admission. (See Court's Minute Order, dated July 27, 2021.) This is sufficient to satisfy Plainti...
2021.11.09 Motion to Dismiss for Forum Non Conveniens 183
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.09
Excerpt: ... against Defendants EM Express, LLC (“Fast & Retro”), as well as Alexander Assouline and Laurent Charbonnier (collectively, the “Individual Defendants”). Mafys alleges that the Individual Defendants stole confidential information from Mafys and that Fast & Retro used the confidential information to compete with Mafys. The Individual Plaintiffs allege that they contracted with Fast & Retro to broker the purchase of vehicles for the Individ...
2021.11.09 Motion for Summary Judgment 535
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.09
Excerpt: ...wing the Subject Vehicle to be sold to Plaintiff without disclosing that the Subject Vehicle and its 2.4L GDI engine was defective and susceptible to sudden and catastrophic failure.” (First Amended Complaint, ¶ 101.) Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion. The motion is granted with respect to the third cause of action and denied with respect...
2021.11.05 Motion to Compel 386
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.05
Excerpt: ..., a wholesale food market. (First Amended Complaint, ¶¶ 10-11.) Plaintiff alleges the following ownership interest: Plaintiff: 49% Norman Silverman: 36% Eric Silverman: 7.5% David Zander: 7.5% (Id., ¶ 11.) On February 1, 2017, Plaintiff and the Silvermans removed Zander as an officer and director due to alleged breaches of fiduciary duty and embezzlement. (Id., ¶ 12.) Zander filed a civil action against GLATT and Norman Silverman, which was c...
2021.11.04 Demurrer, Motion to Strike 437
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.04
Excerpt: ...UND Plaintiffs filed this action against the Calvo Group (“Defendant”) asserting causes of action for breach of contract, breach of the implied warranty of habitability, intentional infliction of emotional distress, private nuisance, and negligence. Now, Defendant demurs to the third cause of action—for intentional infliction of emotional distress—and moves to strike the prayer for punitive damages and related allegations. The demurrer is...
2021.11.03 Demurrer, Motion to Strike 776
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.03
Excerpt: ...on of Emotional Distress, (5) Constructive Fraud, (6) Conversion, (7) Negligent Hiring, (8) Financial Abuse of Dependent Adults, and (9) Public Injunctive Relief and/or Violation of Business and Professions Code section 17200. Defendants now demur to the first amended complaint and move to strike the prayer for punitive and treble damages, as well as the related allegations. The Court sustains the demurrer and grants the motion to strike. PLAINTI...
2021.11.02 Demurrer 393
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.02
Excerpt: ...es of action: (1) Violation of Civil Code section 2923.5, (2) Breach of contract, (3) Breach of the covenant of good faith and fair dealing, (4) Accounting, (5) Intentional misrepresentation, (6) Negligent misrepresentation, (7) Wrongful foreclosure, (8) Injunctive relief, and (9) Specific performance. Defendants Planet Home Lending, LLC and Prestige Default Services, Inc. (collectively, “Defendants”) demur to the complaint, which Plaintiff o...
2021.11.01 Motions to Compel Depositions 012
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.01
Excerpt: ... moves to compel Defendants' depositions. Plaintiff has a right to take Defendants' depositions because they are parties to this action. Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and tes...
2021.11.01 Motion to Tax Costs, for Attorney Fees 507
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.11.01
Excerpt: ... of El Monte (the “City”) issued an administrative citation because there was no certificate of occupancy for the building. Plaintiff's operative complaint asserts the following causes of action against Defendant: (1) Breach of contract, (2) Money had and received, (3) Intentional Misrepresentation, (4) Negligent misrepresentation, (5) Unjust enrichment, (6) Declaratory relief, (7) Breach of the implied covenant of good faith and fair dealing...
2021.10.28 Motion to Compel Arbitration 769
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.28
Excerpt: ...ance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, interna...
2021.10.27 Motion to Compel Arbitration, for Trial Preference 975
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.27
Excerpt: ... of Downey, and So Cal Penske Collision Centers—have not been served. The fourth entity—“RP Automotive, Inc.”—was served personally on June 10, 2021. Defendant RP Automotive, Inc. (hereinafter “RP Automotive”) filed an answer on July 12, 2021. Now, Defendant RP Automotive moves to compel arbitration, which Plaintiff opposes. The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid ar...
2021.10.20 Motion to Compel Arbitration 975
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.20
Excerpt: ...otion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its disc...
2021.10.19 Motion to Tax Costs 619
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.19
Excerpt: ...havez v. City of Los Angeles (2010) 47 Cal.4th 970, 989, to $23,032.50. On September 1, 2021, the Court confirmed the arbitration award in these amounts. The arbitration award also states: “The administrative fees and expenses of the American Arbitration association totaling $2,950, shall be born $2,950 by Macy's, and the compensation and expenses of the arbitrator totaling $19,922.50 shall be borne as incurred. Therefore, Macy's has to pay Mar...
2021.10.18 Motions to Quash 484
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.18
Excerpt: ...resented that TOEIC was financially sound and that he was taking steps to have TOEIC listed on a recognized Chinese stock exchange. (Ibid.) Plaintiffs allege that Chen offered to allow them to invest in TOEIC in advance of the initial public offering. (Ibid.) According to Plaintiffs, Chen further represented that once he received their initial investment, he would act as the nominal shareholder for Plaintiffs. (Id., ¶ 10.) Chen allegedly promise...
2021.10.18 Application for Stay 191
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.18
Excerpt: ...ers as a defendant. Exhibit A to the first amended complaint references the partnership agreement between Philip Lawrence, Marcel Boekhoorn, Jabari McDavid, and Moi Productions Inc, dated May 5, 2017, and it was signed by Patrizio Moi. (See First Amended Complaint, Exh. A.) The Moi Plaintiffs filed a second amended complaint on December 19, 2019, which include Jarbari's Inc. (“Jabari”) as a co-plaintiff. Moi maintains that he has power-of-att...
2021.10.15 Motion to Compel Further Responses 105
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.15
Excerpt: ...ntiffs assert causes of action for violation of the Unruh Civil Rights Act, violation of the Santa Monica Rent Control Law, common law fraud, and negligent misrepresentation. Now, Plaintiffs move to compel further responses to Special Interrogatories, Set One (“SROG”) and Requests for Admission, Set One (“RFA”). The Court rules as follows: Timeliness – Defendant served her discovery responses on May 26, 2021. The 45-day deadline was Sat...
2021.10.15 Demurrer, Motion to Compel Deposition 381
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.15
Excerpt: ...,150. Lakeshore alleges that Now Solutions is in default, that that VCS is liable as a co-debtor and guarantor. On April 20, 2021, Now Solutions and VCS filed a first amended cross-complaint against Lakeshore and two affiliated individuals (collectively, “Lakeshore”) asserting the following causes of action: (1) Breach of contract/breach of the implied convent of good faith and fair dealing, (2) Conversion, (3) Common counts, (4) Fraud, (5) N...
2021.10.14 Demurrer, Motion to Strike 935
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.14
Excerpt: ...ligent interference with prospective economic advantage, and a series of other employment claims. On May 14, 2021, Bizlinks—which does business as “Western Elite Insurance Solutions”—and Total Insurance (the “Bizlinks parties”) filed a cross-complaint against Adams, Hamm, ISR Holdings, Inc. (“ISR”), David Risse (“Risse”), Bonnie Risse Insurance Agency, Inc. (“Risse Insurance”), and Compass Point Risk Solutions, LLC (“Com...
2021.10.14 Motion to Excuse from Contemporaneous Ownership Requirement, to Seal, Demurrer, Motion to Strike 960
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.14
Excerpt: ...M&R”), asserting causes of action for fraudulent misrepresentation, fraudulent concealment, breach of fiduciary duty, breach of contract, violation of California Penal Code section 496(a) and (c), conversion, unjust enrichment, constructive trust, and unfair competition under Business and Professions Code section 17200. Plaintiff now seeks an exception to the general rule in a derivative lawsuit that the plaintiff must be a contemporaneous owne...
2021.10.13 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.13
Excerpt: ...vide accurate itemized wage statements, (5) Failure to pay wages when due, (6) Misclassification of employees as independent contractors, (7) Failure to reimburse business-related expenses, (8) Breach of written contract, (9) Breach of the implied covenant of good faith and fair dealing, (10) Unfair business practices, (11) Unjust enrichment, (12) Quantum meruit, and (13) Fraud and deceit. Plaintiff seeks punitive damages. Now, Defendants demur t...
2021.10.08 Motion to Compel Arbitration 734
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.08
Excerpt: ...LEGAL STANDARD The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testi...
2021.10.08 Motion for Trial Preference 910
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.08
Excerpt: ... 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) During the pri...
2021.10.07 Demurrer, Motion to Strike 939
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.07
Excerpt: ...emurrer is sustained with leave to amend, and the motion to strike is denied as moot. PLAINTIFFS' ALLEGATIONS Margarita and Trinidad Nuno (the “Nunos”) owned real property, located at 16058 Wedgeworth Drive in Hacienda Heights, California 91745. (First Amended Complaint, ¶ 5.) The Nunos executed a written instrument conveying the property to Defendant “to be held in trust for the benefit of Plaintiffs and each of them.” (Id., ¶ 6.) Defe...
2021.10.06 Demurrer, Motion to Strike 229
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.06
Excerpt: ...t alleges that Duffy hired Barilich to assist on a series of cases, including McKinley v. McKinley, Case No. 30-2017- 00930896-CU-FR-CJC pending in Orange County, California, but failed to pay Barilich and concealed material facts. Duffy filed a first amended cross-complaint asserting causes of action for breach of written contract, breach of oral contract, indemnity, services rendered, account stated, open book, quantum meruit, and, finally, int...
2021.10.04 Motion for Attorney Fees 507
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.04
Excerpt: ...nd marketing services for Defendant's business. Defendant filed a cross-complaint for breach of contract but dismissed the cross-complaint at trial. The Court conducted a bench trial, following which it rendered a judgment for Plaintiff for $89,489.22 based upon the following: (1) Unpaid invoices of $10,533.23, (2) Unpaid monthly fee and fee for office assistant of $45,600, and (3) Unpaid bonus commissions of $33,335.99. The Court ordered prejudg...
2021.10.01 Motion to Compel Further Responses 870
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.10.01
Excerpt: .... The Court ordered the parties to meet-and-confer, following which they filed a joint statement asking the Court to resolve Form Interrogatory Number 17.1 as it relates to certain Requests for Admission (“RFA”), as well as certain Requests for Production (“RPD”). As an initial matter, Defendant argues that the motion is untimely. Defendant served responses via email on April 27, 2021, and argues that the 45-day deadline ran on Friday, Ju...
2021.09.30 Motion for Leave to Amend 597
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.09.30
Excerpt: ...hem consignments of diamonds and other precious stones. (Ibid.) The consignments stated that Plaintiff would transfer the stones to Defendants, and if the stones were not returned to Plaintiff, then a sale was deemed to have been made and Defendants became obligated to pay the agreed-upon sums. (Id., ¶ 10.) Defendants failed to return the merchandise at issue, obligating them to pay $49,266 in damages. (Id., ¶ 12.) Now, Plaintiff seeks to amend...
2021.09.30 Demurrer 808
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.09.30
Excerpt: ...nant of good faith and fair dealing, promissory fraud, negligent misrepresentation, negligent interference with prospective economic advantage, and unfair competition. Now, Jensen demurs to the cross-complaint, which Vepo opposes. ALLEGATIONS IN THE CROSS‐COMPLAINT Vepo does business under the name “Automated Laundry Systems,” a business which includes the sale, leasing, serving, and maintenance of coin laundry equipment, commercial non-coi...
2021.09.28 Motion for Determination of Good Faith Settlement 369
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.09.28
Excerpt: ...dar and this tentative will issue as the final order. If, however, any party wishes to be heard on the motion, that party shall appear on September 28, 2021 (either remotely or in- person) and shall inform the Clerk of their request for a hearing. If any party requests a hearing, the Clerk will reset the hearing to a date when the Court is available. TENTATIVE ORDER Eduardo Barba (“Plaintiff”) filed this personal injury action against several...
2021.09.27 Motion for Summary Judgment 466
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.09.27
Excerpt: ...Plaintiffs borrowed $1 million for the purchase of a residence in 2006; (2) The loan servicer attempted to record a “Notice of Default and Election to Sell under the Deed of Trust in 2017; (3) Plaintiffs submitted loan modification applications to Defendant on June 11 and then July 18, 2019; (4) Defendant denied the modification requests verbally but not in writing; (5) Defendant had a pending sale set for August 1, 2018; and (6) The sale was c...

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