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2022.07.21 Motion for Attorney Fees 067
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.07.21
Excerpt: ...PROCEDURAL HISTORY Plaintiff filed the complaint on March 14, 2019, and a first amended complaint on March 29, 2019. Plaintiff filed two peremptory challenges under Code of Civil Procedure section 170.6, one on March 25, 2019, and another on July 23, 2019. Plaintiff's counsel did not inform the second judge that she was filing a second peremptory challenge, and the judge erroneously granted the challenge, unaware of the prior one. On July 11, 201...
2022.07.12 Motion for Summary Judgment 527
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.07.12
Excerpt: ...h and keep accurate wage statements 5. Failure to pay compensation at the time of termination 6. Wrongful termination in violation of public policy 7. Violation of Business and Professions Code section 17200 8. Harassment under the Fair Employment and Housing Act (“FEHA”) 9. Discrimination under FEHA 10. Retaliation under FEHA Defendant moves for summary adjudication of every cause of action except the third cause of action. Defendant also mo...
2022.06.29 Motion for Summary Judgment 777
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.29
Excerpt: ...t under the Fair Employment and Housing Act (“FEHA”), Government Code sections 12940 et seq. Now, Flores moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying...
2022.06.29 Demurrer 328
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.29
Excerpt: ..., discrimination and retaliation under Government Code section 12940. Defendant demurs to the first amended complaint, which Plaintiff opposes. The Court overrules the demurrer with respect to the cause of action for retaliation under Labor Code section 1102.5. The Court sustains the demurrer with respect to the Fair Employment and Housing Act (“FEHA”) claims without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff is an African-American wom...
2022.06.28 OSC Re Lifting Stay 189
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.28
Excerpt: ...relief, and declaratory relief. Defendants had filed an unlawful detainer case against Plaintiff, which is Case Number 21PDUD00840. The Court issued a stay of that case but ordered Plaintiff to post an undertaking. The Court now sets the amount of the undertaking at $3,700 per month and orders her to post an initial undertaking of $25,900 on or before July 14, 2022. PROCEDURAL HISTORY Plaintiff alleges as follows: Plaintiff is 85 years old and he...
2022.06.28 Motion to Compel Arbitration 795
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.28
Excerpt: ...cle and its “performance and any representations, omission or warranties.” Accordingly, Defendant moves to compel arbitration. Plaintiff argues that Defendant cannot enforce the arbitration agreement because it is not a signatory to the agreement. This issue has been resolved by Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. That case held that the doctrine of equitable estoppel permitted a non-signatory automobile manufacturer to enforce...
2022.06.28 Demurrer to SAC 929
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.28
Excerpt: ...mplaint, which Plaintiff opposes. The Court sustains the demurrer without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant own adjacent parcels of land. (Second Amended Complaint, ¶¶ 2-3.) At the rear of Defendant's property is a small, triangular parcel of land. (Id., ¶ 5.) Plaintiff and its successors have used this parcel since the 1970s. (Id., ¶ 6.) Plaintiff alleges that it has a “non-exclusive possessory interest” in ...
2022.06.28 Demurrer 394
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.28
Excerpt: ...ent misrepresentation, breach of contract, professional negligence, and declaratory relief. United of Omaha demurs to the complaint, which Plaintiffs oppose. The demurrer is sustained as to the first and fourth causes of action (negligent misrepresentation and declaratory relief) without leave to amend. The demurrer is overruled with respect to the second and third causes of action (breach of contract and negligence). PLAINTIFFS' ALLEGATIONS Sinc...
2022.06.24 Motion for Leave to Amend, to Bifurcate 326
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.24
Excerpt: ...ion. Under Code of Civil Procedure section 473, subdivision (a)(1), “T he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after ...
2022.06.22 Motion to Compel Deposition, Mental Health Exam 692
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.22
Excerpt: ...fendant's care. On April 23, 2021, Coastline noticed Plaintiff's deposition for May 25, 2021. (See Declaration of Tracy D. Hughes, Exh. E.) On February 25, 2022, Coastline noticed Plaintiff's deposition for March 10, 2022. (Id., Exh. G.) The fact discovery deadline closed on March 20, 2022. (See Court's Minute Order, dated March 1, 2022.) However, the Court stated that it would hear any motion to reopen discovery. (See Court's Minute Order, dated...
2022.06.20 Motion to Enforce Settlement 024
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.20
Excerpt: ...ny party who does not appear shall submit to any order issued by the Court on the pending motions and Order to Show Cause. The Court authorizes the parties to appear remotely. Any party who is experiencing difficulty appearing remotely may contact the Court's clerk, Roberto Mendoza, at (213) 894-1059 for assistance. Plaintiff Sara Samourian (“Plaintiff”), by and through counsel, filed a complaint under the Song-Beverly Consumer Warranty Act a...
2022.06.20 Demurrer, Motion to Strike 043
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.20
Excerpt: ... (“Win”), (3) Jenmax Enterprises, LLC (“Jenmax”), (4) Cambridge Healthcare Services, LLC (“Cambridge”), and (5) Sabita Malla, M.D. (“Malla”) (collectively, “Defendants”). Plaintiff asserts three causes of action: (1) Elder Abuse and Neglect under Welfare and Institutions Code sections 15600, et seq., (2) Violation of Health and Safety Code section 1430(b), and (3) Wrongful Death. Now, Malla demurs to the first and third cause ...
2022.06.17 Demurrer 630
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.17
Excerpt: ...ive economic advantage, (3) Negligent interference with prospective economic advantage, (4) Conspiracy to commit fraud, (5) Aiding and abetting fraud, (6) Breach of oral contract, and (7) Negligence. Defendants demur to the complaint, which Plaintiff opposes. The Court sustains the demurrer with respect to the causes of action against Geus and J.G. Management, and continues the hearing on the demurrer with respect to the causes of action against ...
2022.06.16 Demurrer to SAC 929
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.16
Excerpt: ...ntiff opposes. The Court sustains the demurrer without leave to amend. PLAINTIFF'S ALLEGATIONS Plaintiff and Defendant own adjacent parcels of land. (Second Amended Complaint, ¶¶ 2-3.) At the rear of Defendant's property is a small, triangular parcel of land. (Id., ¶ 5.) Plaintiff and its successors have used this parcel since the 1970s. (Id., ¶ 6.) Plaintiff alleges that it has a “non-exclusive possessory interest” in the parcel of land....
2022.06.15 Motion to Compel Arbitration 044
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.15
Excerpt: ...d 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 discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2...
2022.06.15 Demurrer 620
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.15
Excerpt: ...apportionment, implied/equitable indemnity, express indemnity, and declaratory relief against 16 cross-defendants, including Donald F. Dickerson Associates (“Dickerson”). Dickerson demurs to the first and second causes of action, for contribution/apportionment and implied/equitable indemnity. “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.4...
2022.06.14 Motion to Compel Arbitration 795
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.14
Excerpt: ...cle and its “performance and any representations, omission or warranties.” Accordingly, Defendant moves to compel arbitration. Plaintiff argues that Defendant cannot enforce the arbitration agreement because it is not a signatory to the agreement. This issue has been resolved by Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. That case held that the doctrine of equitable estoppel permitted a non-signatory automobile manufacturer to enforce...
2022.06.14 Motion for Summary Judgment 527
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.14
Excerpt: ...h and keep accurate wage statements 5. Failure to pay compensation at the time of termination 6. Wrongful termination in violation of public policy 7. Violation of Business and Professions Code section 17200 8. Harassment under the Fair Employment and Housing Act (“FEHA”) 9. Discrimination under FEHA 10. Retaliation under FEHA Defendant moves for summary adjudication of every cause of action except the third cause of action. Defendant also mo...
2022.06.10 Demurrer to TAC 653
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.10
Excerpt: ...ved, (6) Common counts – Moneys lent, (7) Negligent misrepresentation; (8) Promissory estoppel, (9) Breach of fiduciary duty, (10) Actual fraud, (11) Violation of Business and Professions Code section 17200, (12) Conversion, and (13) Violation of Penal Code section 496. Defendants TD Capital, LLC, Jamal Dawood, Global Meat Federation, Inc. (“GMF”), Medline Management Corporation, and Colony Capital, LLC (collectively, “Defendants”) demu...
2022.06.09 Demurrer, Motion to Strike 673
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.09
Excerpt: ...the Court on this motion. INTRODUCTION Plaintiff Oaktree Legal Services (“Plaintiff”) filed this action against its former client, Lillian Yamashita (“Yamashita”) after she retained new counsel, co-defendants Anthony John O'Farrill and the Law Office of Anthony John O'Farrill (collectively, “O'Farrill”). Plaintiff asserts causes of action for breach of contract and fraud against Yamashita and intentional interference with contractual ...
2022.06.08 OSC Re Why Judgment Should Not Issue, Motion for Attorney Fees 854
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.08
Excerpt: ...nation, retaliation, intentional infliction of emotional distress, and unfair competition. Defendants did not comply with their discovery obligations. Plaintiff filed motions to deem the matters specified in the Requests for Admission (“RFAs”) to have been admitted against the firm, Calabria, and Hernandez. The prior judge, Judge Elizabeth R. Feffer, held a hearing on these motions on July 29, 2019, following which she granted the motions: Th...
2022.06.08 Motion to Strike 051
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.08
Excerpt: ...ed permanently by Wavestream and eventually was terminated by Express Services. Plaintiff filed his original complaint on May 31, 2019, after he filed a complaint with the Department of Fair Employment and Housing and received a right-to-sue letter against “Express Employment Professionals.” Express Services filed a motion for summary judgment arguing, among other things, that Plaintiff had named the wrong entity as the employer. Plaintiff so...
2022.06.06 Motions to Compel Further Responses 883
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.06.06
Excerpt: ..., 2022. Although the Court granted an ex parte application to continue the trial date, it denied the application to the extent it sought to continue the discovery deadlines. Accordingly, the deadline to disclose experts was May 31, 2022, and the expert discovery cut-off is July 5, 2022. Now, Defendant moves to compel further responses to certain special interrogatories and requests for production of documents seeking to ascertain the basis of Pla...
2022.05.27 Motion to Compel Further Responses 371
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.27
Excerpt: ...xclusive licensing agreement with SARD on December 16, 2011. Plaintiff alleges that this agreement granted Defendants a license to use NK-92 cell for limited research and development purposes. Plaintiff alleges that Defendants were not authorized to modify the cell line or use the cell line for commercial purposes, like potency or quality control release assays. Plaintiff alleges that Defendants violated both prohibitions, as a result of which Pl...
2022.05.26 Motion for Judgment on the Pleadings 717
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.26
Excerpt: ...intiff 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 February 17, 2022 the Court granted summary adjudication of the second, third, fourth, fifth, and sixth causes of action. The Court ruled that the cas...
2022.05.26 Motion for Summary Judgment 254 (2)
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.26
Excerpt: ...ly may call the Court's clerk, Robert Mendoza, at (213) 633- 0159 for assistance. Plaintiff filed this complaint to enforce and collect money due on a Medi-Cal creditor's claim, under Welfare and Institutions Code section 14009.5. In brief, Plaintiff alleges as follows: Barbara Harris, also known as Barbara Jean Harris, died on or about January 14, 2016, while in possession of real and personal property with an approximate value of $537.339. (Com...
2022.05.26 Motion to Compel Arbitration 115
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.26
Excerpt: ...controversy. (Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165.) If the moving party meets the initial burden, the opposing party bears the burden of producing evidence to challenge the authenticity of the arbitration agreement. (Ibid.) If the opposing party meets this burden, then the moving party must establish with admissible evidence a valid arbitration agreement between the parties. (Ibid.) In this case, Defendants produce...
2022.05.25 Motion for Protective Order 642
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.25
Excerpt: ...ionwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Defendants represent that “[t]he owner and developer of the project was MCREF” and “[t]he general contractor of the project was MCRT” and the Trust was “the parent holding company of the ot...
2022.05.25 Demurrer 779 (2)
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.25
Excerpt: ...d. Plaintiffs asserted two causes of action in the first amended complaint, intentional interference with prospective economic relations and fraud. Defendants demurred to the complaint and moved to strike allegations relating to Plaintiffs' request for attorney's fees. Then, Plaintiffs dismissed the cause of action for fraud without prejudice and oppose the demurrer and motion to strike. The Court sustains the demurrer without leave to amend. PLA...
2022.05.24 Demurrer 860
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.24
Excerpt: ...rity against the loan. Plaintiff alleges that Defendants foreclosed on the property, even though Plaintiff's interest in the property was superior to that of Defendants' interest. Plaintiff asserts the following causes of action against Defendants: (1) Slander of deed of trust, (2) Declaratory relief, (3) Enforcement of judgment, (4) Cancellation of instruments, (5) Violation of Civil Code section 2924, et seq., and (6) Violation of quiet title. ...
2022.05.23 Motion to Strike 445
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.23
Excerpt: ...s and their security company—Metropole Security Services, Inc. (“Metropole”)—as defendants. Now, Metropole moves to strike the prayer for punitive damages, which Plaintiffs oppose. The motion is granted. PLAINTIFFS' ALLEGATIONS On March 25, 2019, Plaintiffs returned home and realized that they were locked out of the apartment complex. (First Amended Complaint, ¶ 20.) Richard Dabbs then remembered that he had left the back patio door to h...
2022.05.19 Motion for Summary Judgment 816
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.19
Excerpt: ...ed this motion, Plaintiff dismissed his first, second, and third causes of action. Therefore, the remaining causes of action are as follows: Fourth COA – Wrongful termination in violation of public policy Fifth COA – Whistleblower retaliation in violation of Labor Code section 1102.5 Sixth COA – Violation of Labor Code section 232.5 Seventh COA – Intentional infliction of emotional distress Eighth COA – Defamation Plaintiff opposes summ...
2022.05.19 Motion for Sanctions 872
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.19
Excerpt: ...Court's orders, and the Court finds that these violations have been willful. The Court orders Plaintiff to pay Defendant a discovery sanction of $2,200. The Court grants the motion for terminating sanctions but stays the order and shall afford Plaintiff one additional opportunity to submit the vehicle for a vehicle inspection. PROCEDURAL HISTORY Plaintiff filed this action on March 2, 2020, and the Court held a case management conference on Septe...
2022.05.18 Motion for Attorney Fees 100
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.18
Excerpt: ...n. Then, Plaintiff filed a Notice of Settlement on March 21, 2022, approximately 19 months after the case was filed. Now, Plaintiff's counsel seeks attorney's fees in the amount of $27,817.50 and costs of $1,380.90, for a total of $29,198.40. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent‐A‐Car Co. (2000) 79 C...
2022.05.17 Motion to Compel Production of Docs, for Summary Judgment 774
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.17
Excerpt: ...ation of the California Identity Theft Law, Civil Code section 1798.92 et seq. Defendant served a subpoena upon JP Morgan Chase Bank (“JP Morgan”). California Rules of Court, rule 3.1346 requires that a motion to compel documents from a third-party be served personally unless the deponent consents to service by another means. Defendant's counsel's declaration makes clear that JP Morgan accepted service of the subpoena and does not intend to c...
2022.05.17 Motion for Judgment on the Pleadings 889
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.17
Excerpt: ...on 1942.4, nuisance, and unfair competition. Defendants filed a first amended cross-complaint asserting causes of action for breach of lease, negligence, interference with contractual relations, negligent interference with economic relations, and private nuisance. Plaintiffs filed a motion for judgment on the pleadings with respect to each cause of action. The motion is denied. LEGAL STANDARD A motion for judgment on the pleadings has the same fu...
2022.05.12 Motion for Summary Judgment 165
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.12
Excerpt: ...iff named 19 different companies that may have been responsible for Decedent's death. Now, the Lincoln Electric Company (“Defendant”) moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier o...
2022.05.10 Demurrer 460
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.10
Excerpt: ...ated damages for failure to pay minimum wages, (4) Failure to provide meal periods, (5) Failure to provide rest breaks, (6) Failure to provide accurate and itemized wage statements, (7) Failure to pay final wages in a timely manner, (8) Failure to permit inspection of payroll records, and (9) Failure to permit inspection of payroll records. Plaintiff asserts statutory claims against Defendants. “Where a party relies for recovery upon a purely s...
2022.05.10 Motion for Summary Judgment 056
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.10
Excerpt: ... breach of the express and implied warranty, as well as negligent repair. Now, Defendants move for summary judgment because they made a prompt offer to buy back the vehicle. Plaintiff opposes the motion. The Court grants summary adjudication of the first and second causes of action, and denies summary adjudication of the third cause of action. UNDISPUTED FACTS On June 25, 2017, Plaintiff purchased a 2018 Volkswagen Atlas. (Plaintiff's Response to...
2022.05.10 Motion to Reopen Discovery, to Compel Production of Docs, to Bifurcate 012
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.10
Excerpt: ...ve] Order Continuing Trial NOTICE: The following are tentative orders on the matters before this Court. The Court advances the hearing on Defendants' motion to reopen to May 10, 2022, based upon Plaintiff waiving statutory notice. The Court will hear argument on all issues on May 10, 2022. BACKGROUND Plaintiff Frank Basile (“Plaintiff”) filed this wrongful eviction action against Defendants Parviz Taherpour and Liselotte Taherpour (collective...
2022.05.05 Motion for Summary Judgment 506
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.05
Excerpt: ... asserts causes of action for breach of the express and implied warranty, as well as negligent repair. Now, Defendants move for summary judgment because they made a prompt offer to buy back the vehicle. Plaintiff opposes the motion, which is granted. UNDISPUTED FACTS On June 25, 2017, Plaintiff purchased a 2018 Volkswagen Atlas. (Plaintiff's Response to Defendants' Separate Statement, ¶ 1.) When Plaintiff purchased the Atlas, he traded in a 2009...
2022.05.05 Demurrer 460
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.05
Excerpt: ...g causes of action: (1) Failure to pay overtime, (2) Failure to pay minimum wages, (3) Liquidated damages for failure to pay minimum wages, (4) Failure to provide meal periods, (5) Failure to provide rest breaks, (6) Failure to provide accurate and itemized wage statements, (7) Failure to pay final wages in a timely manner, (8) Failure to permit inspection of payroll records, and (9) Failure to permit inspection of payroll records. Plaintiff asse...
2022.05.04 Demurrer, Motion to Strike 216
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.04
Excerpt: ...ailed to cover Plaintiff's property losses. As a result, Plaintiff asserts the following causes of action against Defendant: Seventh – Intentional Misrepresentation/Insurance Fraud Eighth – Breach of the Implied Covenant of Good Faith and Fair Dealiner Ninth – Breach of Contract Tenth – Bad Faith/Failure to Properly Investigate a Claim Now, Defendant demurs to these causes of action and moves to strike the prayer for punitive damages and ...
2022.05.03 Motion to Enforce Court Order or to Compel Further Responses 314
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.03
Excerpt: ...Cannaco's computer system in violation of the California Comprehensive Computer Data Access and Fraud Act, Penal Code section 502. Cannaco also alleges that Militello interfered with Cannaco's use of its physical facilities and computer system, which constitutes a breach of fiduciary duty. On April 8, 2021, Plaintiff filed a ex parte application for a temporary restraining order preventing Defendant from accessing its Google Workspace, commonly k...
2022.05.03 Motion for Attorney Fees 930
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.03
Excerpt: ...las Mastroianni (“Plaintiff”), a disbarred attorney, filed this action to collect a judgment for attorneys' fees and costs his then clients obtained in Case Number BC546751. Plaintiff represented Bright Child Oak Park L.P. (“Bright Child”) and its managing partner, Jamie Riese (“Riese”) in Case Number BC546751. (First Amended Complaint, ¶¶ 1, 2, 16.) At the conclusion of Case Number BC546751, Bright Child and Riese were attorneys' f...
2022.05.02 Motion for Determination of Good Faith Settlement 935
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.02
Excerpt: ...cedent”) in a motor vehicle collision. Plaintiffs have agreed to accept Defendant Moore's settlement offer of $1 million. Defendant moves for determination of good faith settlement, and Defendant Velazquez opposes the motion. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech‐Bilt factors are: (1) a rough ...
2022.04.27 Motion in Limine 295
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.27
Excerpt: ...preclude the testimony of Plaintiff's expert witness, Dr. Jacqueline Nolan, arguing that Plaintiff indicated during discovery that she did not seek medical treatment for any alleged injuries. The Court held a hearing on this motion on April 25, 2022, following which it continued the hearing to April 27, 2022. Plaintiff did not disclose relevant information in her discovery responses. Specifically, Form Interrogatory (Employment) 212.4 asked wheth...
2022.04.26 Demurrer 405
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.26
Excerpt: ...Plaintiff and Defendant. Cardenas alleges as follows: Cardenas received the subject property by way of a gift jointly with a friend, Marcello Telles (“Telles”). (Complaint-in-Intervention, ¶ 6.) In or about 2008, Telles conveyed his interest in the subject property to Cardenas. (Id., ¶ 9.) In 2010, Cardenas needed money, so she borrowed money from her friends, Agustin and Maria Lozano (the “Lozanos”), and gave them title to secure the l...
2022.04.20 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.20
Excerpt: ...e that the Court intends to sustain the demurrer without leave to amend unless Plaintiff's counsel can articulate facts suggesting that an amendment would be successful. Plaintiff Raul Orellana and Leslie A. Orellana (collectively, “Plaintiffs”) filed this action under the Song-Beverly Consumer Warranty Act asserting a cause of action for fraud by omission. Defendant demurs to this case of action and moves to strike the prayer for punitive da...
2022.04.19 Motion to Compel Arbitration 338
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.04.19
Excerpt: ...as hired by his former employer to serve as its Chief Commercial Officer. (First Amended Complaint, ¶ 11.) Pursuant to the terms of his employment, Plaintiff would receive a base annual salary, bonus, benefits, and stock options. (Ibid.) During his employment, Plaintiff discovered fraudulent and discriminatory conduct, and violations of law, by his employer. (Id., ¶ 12.) Plaintiff complained to his superiors to no avail. (Ibid.) Plaintiff also ...

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