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2020.06.30 Motion to Approve and Enter Consent Judgment 776
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.06.30
Excerpt: ...red into with Defendant. Plaintiff asserts that the consent judgment is fair and reasonable to the parties, is in the interest of and provides a benefit to the general public, has been submitted for review to the Office of the Attorney General of California, and fully complies with the statutory and regulatory requirements of Proposition 65. LEGAL STANDARD The Safe Drinking Water and Toxic Enforcement Act of 1986, colloquially known as Propositio...
2020.06.29 Demurrer 331
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.06.29
Excerpt: ... 2020. Defendants demur to the first, second, and fifth causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complai...
2020.06.25 Motion for Summary Judgment, Adjudication 809
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.06.25
Excerpt: ...endants”). The FAC alleges 11 causes of action: (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) disability discrimination in violation of FEHA; (3) failure to reasonably accommodate in violation of FEHA; (4) failure to engage in the interactive process; (5) failure to prevent retaliation and discrimination in violation of FEHA; (6) libel per se; (7) slander per se; (8) intentional infliction of emotional di...
2020.02.10 OSC Re Contempt 178
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.02.10
Excerpt: ...orney client privilege or as attorney work product. The Court's June 5, 2019 order reads in pertinent part: Defendants' motion to quash is GRANTED IN PART as to attorney-client privileged and attorney work product privileged documents only as to Requests For Production Nos. 1 – 8. Defendants' objection on the ground of attorney-client and attorney work product privilege is SUSTAINED to the extent that responsive documents come within these priv...
2020.02.03 Motion for Summary Adjudication 106
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.02.03
Excerpt: ...f alleges that Defendants committed wage and hour violations regarding Plaintiff's employment as a tour guide. Plaintiff Yuji Hasegawa moves for summary adjudication as to the seventh affirmative defense. ANALYSIS Motion For Summary Adjudication Plaintiff moves for summary adjudication as to the following issue: “The Purported Seventh Affirmative Defense of Independent Contractor Status Is Contrary To Law and Without Merit.” On January 29, 20...
2020.01.15 Motion for Summary Judgment, Adjudication 021
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.15
Excerpt: ...se of action, Issue No. 2 re: the second cause of action, Issue No. 3 re: the fourth cause of action, Issue No. 4 re: the fifth cause of action, and Issue No. 5 re: the seventh cause of action. ANALYSIS Defendants' Evidentiary Objections Pursuant to CCP § 437c(q), the Court declines to rule upon Defendants' objections, which are asserted against evidence which the Court deems not to be material to the disposition of this motion. Motion For Summa...
2020.01.14 Petition to Compel Arbitration and Stay Action 591
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.14
Excerpt: ...service, thereby waiving any such defect; continued to this date per December 12, 2019 minute order; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by email on September 10, 2019; (2) OK. Served by personal service on November 14, 2019.  GRANT notice of joinder;  GRANT motion to compel arbitration;  STAY action pending arbitration. ANALYSIS Notice of Joinder Defendant Burger King Corporation's notice of joinder is GRANTED as timely....
2020.01.08 Motion for Summary Judgment, Adjudication 277
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.08
Excerpt: ...ction as to the 2011 Guaranty;  DENY motion for summary adjudication as to Issues Nos. 2 and 3 re: the first cause of action as to the Guaranty Provision of the 2013 Forbearance Agreement;  Issue No. 4 is MOOT as to the 2011 Guaranty;  DENY motion for summary adjudication as to Issue No. 4 re: the first cause of action as to the Guaranty Provision in 2013 Forbearance Agreement; Issue No. 5 re: the fourth cause of action; Issue No. 6 re: ...
2020.01.07 Demurrer, Motion to Strike 277
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.07
Excerpt: ... for Relief No. 6, Page 38, line 8 for punitive damages.  Defendant to answer the Complaint. DISCUSSION: Demurrer Request for Judicial Notice Defendant requests that the Court take judicial notice of Plaintiffs' Complaint filed in this action and legislative history materials relating to the Song- Beverly Act. The requests are GRANTED. Evid Code § 452(d)(court records); the Court may take judicial notice of legislative history materials relev...
2020.01.06 Applications to Seal, Motion for Summary Judgment, Adjudication 057
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.06
Excerpt: ...ministrative Services, Inc., d/b/a Entertainment Partners and Entertainment Partners LLC PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by overnight delivery on November 18, 2019; (2) Served by mail on December 13, 2019; set per December 2, 2019 minute order; (3) OK. Served by personal service on September 18, 2019; continued to this date per December 2, 2019 minute order.  DENY appl...
2020.01.03 Motion for Summary Judgment 279
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.03
Excerpt: ...C and Turnstone Capital, Inc. filed a Stipulation and Proposed Order to take the Motion for Summary Judgment off calendar as to plaintiffs Alberto Solis, Alexander Gonzalez and Lesly Gonzalez. The Alonzo Defendants likewise took their motion off calendar. Accordingly the only motion to be addressed today is: Defendant TC-Chadron LLC and Turnstone Capital's Motion for Summary Judgment  GRANT MSJ as to Plaintiff Victor Reynoso;  DENY MSJ and ...
2020.01.03 Demurrers 272
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.03
Excerpt: ...� 16/21 (CCP § 1005(b)): (1) – (6) OK. Served by email on September 18, 2019; hearings consolidated per stip. & order.  SUSTAIN Defendant Macie Wang's demurrer with leave to amend as to the 23 rd, 44 th, and 52 nd causes of action and without leave to amend as to the 24 th and 45 th causes of action;  SUSTAIN Defendant Jonathan C.M. Lau's with leave to amend as to the 2 nd, 5 th, 14 th, 17 th, 20 th, 26 th, 29 th, 32 nd, 35 th, 38 th, 41...
2020.01.02 Demurrer 331
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.01.02
Excerpt: ...rrer Meet and Confer The Declaration of Daniel E. Eaton reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Discussion 1. First Cause of Action (Fraudulent Inducement); Fourth Cause of Action (Intentional Misrepresentation); Fifth Cause of Action (Negligent Misrepresentation). The first and fourth causes of action fail to allege who said exactly what, when and in what manner (orally or in writing), why such rep...
2019.9.26 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, to Compel Access to Source Data 726
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.26
Excerpt: ...iff/Cross-Defendant Steven Jensen; (2) Defendant Clarence Kerr PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes.  16/21 (CCP § 1005(b)): (1) OK. Served by personal delivery on August 27, 2019; continued to this date per September 19, 2019 minute order; (2) Served by e‐service on August 16, 2019. No objection to e‐service made in opposition.  Subject to modification after oral argument, DENY motion for terminating, issue, evident...
2019.9.25 Demurrer, Motion to Strike 680
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.25
Excerpt: ...ba ABCO Trading Company;  <0048005600030052004900 >  DENY motion to strike in its entirety;  Defendant Fred Behfarin to answer the Complaint. ANALYSIS As an initial matter, Fred Behfarin purports to represent not only himself, but also Defendant ABCO Development Corporation dba ABCO Trading Company. <0047005200480056000300 000300440051005c0003[record of Fred Behfarin being a licensed attorney. Accordingly, he cannot represent ABCO Develo...
2019.9.24 Motion to Disqualify Counsel, Notice of Joinder, Motion to Quash or Modify Deposition Subpoena, for Sanctions 320
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.24
Excerpt: ...Mo Jacob, Danny Rittman, Mansour Khatib, Michael Murray and Darren Dunckel; (2) No opposition filed; (3) Plaintiffs/Cross-Defendants RWJ Advanced Marketing, LLC, Gregory Bauer and Robert Warren Jackson PROOF OF SERVICE:  Correct Address: (1) Yes; (2) Yes; (3) Yes.  16/21 (CCP § 1005(b)): (1) ? Served by unspecified method on June 7, 2019; continued to this date per stip. & order; (2) OK. Served by mail on August 7, 2019; (3) OK. Served by ...
2019.9.24 Demurrer, Motion to Strike 300
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.24
Excerpt: ...s filed on the merits without objecting to service, thereby waiving any defect:  DENY motion to strike ¶¶ 9, 15, 16, 17, 35, 49, 55, 56, 57, 75, 89, 95, 96, 97, 115, 129, 142, 155 (allegations regarding allegations prior to October 5, 2017);  SUSTAIN demurrer without leave to amend as to the first, fourth, fifth and sixth causes of action;  OVERRULE demurrer as to the second, third and seventh causes of action. ANALYSIS Motion to Strik...
2019.9.24 Motion for Summary Adjudication 726
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.24
Excerpt: ...tion, and Issue No. 2 re: the eleventh cause of action. ANALYSIS Request for Judicial Notice Defendant's request that the Court take judicial notice of court documents filed in this <0003005500480046005200 5500470056000c0011[ Motion for Summary Adjudication 1. Issue No. 1: “The undisputed material facts establish that there is no merit to <0047000300260044005800 0057004c005200510003>for Invasion of Privacy because Mr. Kerr's actions are protect...
2019.9.20 Demurrer 651
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.20
Excerpt: ...se of action is as to Defendants Bradley Conroy and Amy Conroy as Trustees for the Conroy Family Trust; SUSTAIN demurrer to the third cause of action without leave to amend as to Conroy Commercial, Inc. ANALYSIS Demurrer 1. First Cause of Action (Breach of Implied In Fact Contract). “[T]he vital elements of a cause of action based on contract are mutual assent (usually accomplished through the medium of an offer and acceptance) and consideratio...
2019.9.20 Demurrer 793
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.20
Excerpt: ...action without leave to amend, unless Cross‐Complainant Berendos Entities can articulate a reasonable possibility of successful amendment. ANALYSIS Demurrer Request for Judicial Notice Defendant's request that the Court take judicial notice of Interstate's 1AXC filed int his action and the December 12, 2018 jury verdict form in this action is GRANTED per Evid. Code § 452(d)(court records). Analysis 1. Fifth Cause of Action (Declaratory Relief)...
2019.9.16 Motion for Summary Adjudication 271
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.16
Excerpt: ...dged Conditionally Under Seal <0052005600560010002600 00510057005600030027[euk Lee and Hite USA, Inc. filed a Notice of Lodging Documents Conditionally under Seal. Per CRC Rule 2.551(3)(A), the Notice states that the documents will be publicly filed unless a party timely files and serves a motion or application for a sealing order. As no motion to seal has been timely filed, the documents lodged conditionally under seal shall be placed in the pub...
2019.9.12 Demurrers, Motions to Strike 075
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.12
Excerpt: ...uses of action;  SUSTAIN both Defendants' demurrers to the eleventh (“fifteenth”) cause of action with leave to amend;  DENY both Defendants' motions to strike as to Page 2, line 2 re: conspiracy: and Page 7, ¶ 28; Page 9, ¶ 36, Page 10, ¶ 41, Page 12, ¶ 53, Page 14, ¶ 64, Page 17‐18, ¶ 81, Prayer, Page 21 re: punitive damages;  GRANT motion to strike punitive damage allegations at Page 16, ¶ 74, Page 18‐19, ¶ 86, Page 21...
2019.9.10 Demurrer 809
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.10
Excerpt: ... of action;  SUSTAIN demurrer without leave to amend as to the eighth and ninth causes of action;  Defendants to answer the 1AC. ANALYSIS Demurrer 1. Sixth Cause of Action (Libel Per Se) and Seventh Cause of Action (Slander Per Se). “To plead such a cause of action [for defamation], [plaintiff] must set forth ‘either the specific words or the substance of' the allegedly defamatory statements. (Citations omitted).” Comstock v. Aber (20...
2019.9.9 Motion to Tax Costs 928
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.9
Excerpt: ...049004400590052[r of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Motion to Tax Costs ¿ Item No. 1 (Filing and motion fees). A prevailing party is entitled to recover filing fees. CCP § 1033.5(a)(1). Costs are recoverable even thought some costs pertain to aspects as to which the party seeking costs did not prevail. Mitchell v. Olick (1996) 49 Cal.App.4th 1194, 1199-1201. Thus, filing fees for unsuccessful motions/applications will no...
2019.9.5 Motion to Compel Deposition, Request for Sanctions 198
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.5
Excerpt: ...pt electronic service on file, and, in particular, as to non‐party Mojave Foods. However, an opposition was filed on the merits without objecting to any defect in notice.  DENY motion to compel compliance with deposition subpoena in its entirety;  GRANT Mojave Foods' request for sanctions in the reduced amount of $3,500. ANALYSIS Motion to Compel Compliance with Deposition Subpoena Plaintiff moves to compel third party Mojave Foods to com...
2019.9.5 Motion to Stay Proceedings 348
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.5
Excerpt: ...er CCP § 1005(b). However, an opposition was filed on the merits, thereby waiving any defect in notice.  DENY motion to stay action. ANALYSIS Motion to Stay <0050005200590048005600 00570044005c00030052[f the proceedings until the criminal or juvenile proceedings against Defendant/Cross-Defendant Andrew Figueroa are completed and until the Court appoints a Guardian Ad Litem. As an initial matter, the Court does not view the absence of a Guardi...
2019.9.4 Motion for Attorney's Fees 650
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.4
Excerpt: ...As an initial matter, attorney's fees cannot be awarded against Plaintiffs Fiona Wenyi Chen and Tiffany Ying Xu, who voluntarily dismissed their Complaint on August 20, 2018, nor against Plaintiffs Kim Hui and Yiwen Yen, who voluntarily dismissed their Complaint on September 17, 2018. Civil Code § 1717(b)(2): “Where an action has been voluntarily dismissed . . . there shall be no prevailing party for purposes of this section.” As to the rema...
2019.9.3 Motion to Dismiss Void Vexatious Litigant Judgment 341
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.9.3
Excerpt: ... 4, 2019.  DENY motion to dismiss. ANALYSIS Requests for Judicial Notice Defendants' request that the Court take judicial notice of various court records is GRANTED per Evid. Code § 452(d)(court records). “Motion to Dismiss” Defendant North American Title Company's joinder in the oppositions filed by Defendants Allen, Walker and White is GRANTED as timely. Plaintiff moves pursuant to CCP § 473 to set aside the February 22, 2019 order dis...
2019.8.29 Demurrer, Motion to Strike 325
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.29
Excerpt: ...RC Rule 2.251 (b)(1). Nonetheless, oppositions were filed on the merits without objecting to any defect in service, thereby waiving any such defect.  OVERRULE demurrer to fourth cause of action;  DENY motion to strike as to Prayer for Relief, ¶ 6, page 19 re: punitive damages.  Defendant to answer the Complaint. ANALYSIS Demurrer 1. Fourth Cause of Action (Fraudulent Inducement—Concealment). Defendant argues that there are no material...
2019.8.29 Demurrer 898
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.29
Excerpt: ... Discrimination in Violation of the FEHA); Third Cause of Action (Gender Discrimination in Violation of the FEHA). Plaintiff alleges that she was treated less favorably than other individuals outside her protected class (an African-American woman). Plaintiff alleges that Defendant Hernandez: ordered Plaintiff that she was to ignore BVBES Principal Madeline Gygli, and not work cooperatively with other afterschool programs such as LA's Best. Compla...
2019.8.27 Motion for Summary Judgment, Adjudication 012
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.27
Excerpt: ...003005200 00560003005800530052[n objections directed to evidence which the Court deems to be material to the disposition of this motion. Objection to Excess Pages in Brief OVERRULED. The Court will exercise its discretion to consider the entirety of Defendant's points and authorities. Declaration of Jose Low Nos. 1, 2: SUSTAINED. As discussed below, Low testified at his deposition that he worked for Zerep Management. Where a party's self-serv...
2019.8.27 Demurrer, Motion to Strike 944
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.27
Excerpt: ...punitive damages.  Defendant to answer the Complaint. ANALYSIS Demurrer 1. Fourth Cause of Action (Fraudulent Inducement—Concealment). Defendant argues that there are no material facts to support the element of concealment nor a duty to disclose. Here, the Complaint alleges at ¶¶ 17 -55, 146 - 150 that, as of the time of the sale of the vehicle to Plaintiffs in March 2016, Defendant knew of CVT defect and its safety risks, but failed to di...
2019.8.19 Motion for Summary Judgment, Adjudication 782
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.19
Excerpt: ...leader on November 4, 2016. The Complaint alleges that on July 29, 2014, Debtor Banning at 8 th Street, LLC (“Debtor” or “Banning LLC”) commenced a voluntary Chapter 7 petition in the U.S. Bankruptcy Court. Todd Frealy was appointed the Chapter 7 Bankruptcy Trustee. At the time of the bankruptcy filing, Debtor owned real property located at 806 and 860 Ramsey Street in Banning, California (the “Banning Property”). Pursuant to the orde...
2019.8.19 Motion for Summary Judgment, Adjudication 012
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.19
Excerpt: ...00 00560003005800530052[n objections directed to evidence which the Court deems to be material to the disposition of this motion. Plaintiff's Objections to new evidence submitted for the first time in support of the reply are SUSTAINED. The Court exercises its discretion not consider such new evidence. Alliant <0053005300110017005700 001400160013001b0011[ Declaration of Jose Low No. 3: OVERRULED. Sufficient foundation; permissible opinion; goes t...
2019.8.14 Motion for Summary Judgment, Adjudication 520
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.14
Excerpt: ...ack of foundation. No. 2: SUSTAINED. Lack of foundation. No. 3: SUSTAINED. Lack of foundation. No. 4: OVERRULED. Best evidence rule was repealed in 1998. Proper lay witness opinion. No. 5: OVERRULED as to Defendant offering Plaintiff only a list of closed positions or medically inappropriate positions, other than Graffiti Removal; otherwise, SUSTAINED—lack of foundation. No. 6: OVERRULED. Sufficient foundation and personal knowledge; best evide...
2019.8.14 Motion to New Trial, for Judgment Notwithstanding the Verdict 928
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.14
Excerpt: ...0049004400590052[r of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Plaintiff Fabian Ronisky moves for a new trial and for judgment notwithstanding the verdict. Motion for New Trial " '[T]he trial court is bound by the rule of California Constitution, article VI, section 13, that prejudicial error is the basis for a new trial, and there is no discretion to grant a new trial for harmless error. [Citation.] . . . The grant of a new...
2019.8.13 Motion for Summary Judgment, Adjudication 147
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.13
Excerpt: ...e: the fifth cause of action only; DENY the remainder of the motion for summary adjudication as to Issues Nos. 1, 2, 3 and 7 [Issues Nos. 5 and 6 were not presented in the separate statement and will not be ruled upon.] ANALYSIS Request for Judicial Notice <0047000300440003004700 005a004b004c0046004b[ includes a “Request for Judicial Notice,” she does not specify the documents as to which she seeks judicial notice. Accordingly, the request fo...
2019.8.13 Demurrer, Motion to Strike 786
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.8.13
Excerpt: ...iled on the merits, thereby waiving any defect in notice for purposes of this motion only.  16/21 (CCP § 1005(b)): OK. Served by electronic service on May 6, 2019.  OVERRULE demurrer to fourth through seventh causes of action;  DENY motion to strike as to ¶¶ 154, page 21; Prayer for Relief, ¶ 6, page 26; ¶ 157, page 22; ¶ 158, page 22; ¶ 159, page 22, ¶ 166, page 24, ¶ 167, page 24; ¶ 168, page 24; ¶ 176, page 25; and Prayer f...
2019.7.26 Motion for Protective Order 507
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.26
Excerpt: ...19 minute order.  DENY motion for protective order in part and GRANT motion for protective order in part as set forth below;  DENY Plaintiffs' request for sanctions. ANALYSIS Motion for Protective Order Defendants move for a protective order regarding the deposition of Rockport Administrative Services' former Quality Assurance Nurse, Cyril Tena, to preclude Quality Assurance matters from being inquired into, and any review completed by Tena...
2019.7.25 Motion to Compel Deposition, Request for Sanctions 277
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.25
Excerpt: ... HISTORY:  07/25/18: Complaint filed.  11/06/18: First Amended Complaint filed. STATEMENT OF FACTS This is an action to enforce guarantees of commercial loans. Defendant Richard Houng moves to compel the deposition of the custodian of records and person(s) most knowledgeable for Plaintiff Tongfang Global Inc. and requests sanctions. Plaintiff Tongfang Global Inc. moves for a protective order on depositions and requests sanctions.  GRANT ...
2019.7.25 Motion to Compel Arbitration 415
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.25
Excerpt: ..., 2019; (3) OK. Served by mail on April 19, 2019.  GRANT notice of joinder;  GRANT both motions to compel arbitration and stay proceedings. ANALYSIS Notice of Joinder Defendant Gordon Laboratories, Inc.'s notice of joinder in the motion to compel arbitration filed by Defendant Staffmark Investment, LLC is GRANTED as timely. Defendant Staffmark Investment, Inc.'s Motion to Compel Arbitration Request for Judicial Notice Defendant's request th...
2019.7.24 Motion to Vacate Default 344
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.24
Excerpt: ... Plaintiff's request that the Court take judicial notice of various judicial records filed in this action and in BC723296 is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Statewide Beverage Company, Inc. moves to set aside default entered against it. As an initial matter, although Plaintiff filed a 1AC on June 5, 2019 after Defendant's default had been entered on February 8, 2019. Defendant's default was not reopened, beca...
2019.7.24 Motion for Summary Judgment, Adjudication 539
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.24
Excerpt: ... Homayun Popal, and Masih Rassoli PROOF OF SERVICE:  Correct Address: (1) Yes; (2) ?; Served by email, but email address was not listed on POS; however, an opposition was filed on the merits without objecting to any defect in notice, thereby waived any such defect; (3) ?; Served by email, but email address was not listed on POS; however, an opposition was filed on the merits without objecting to any defect in notice, thereby waived any such de...
2019.7.23 Demurrer, Motion to Strike 274
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.23
Excerpt: ...Y motion to strike the prayer for punitive damages at Page 21:21, ¶ f;  Defendant is ordered to answer the 1AC within 20 days. ANALYSIS Pursuant to the July 18, 2019 minute order, the Court determined that no further meet and confer declaration is required and continued the hearing to this date. Demurrer Discussion: 1. Seventh Cause of Action (Fraud by Omission). A. Re: Statute of Limitations. A cause of action for relief on the ground of fra...
2019.7.9 Demurrers 272
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.9
Excerpt: ...§ 1005(b)): (1) – (6) OK. Served by mail on March 28, 2019  SUSTAIN Defendant Marcie Wang's demurrer to the 23 rd, 24 th, 44 th, 45 th, and 52 nd causes of action with leave to amend;  SUSTAIN Defendant Jonathan C.M. Lau's demurrer to the 2 nd, 3 rd, 5 th, 6 th, 14 th, 15 th, 17 th, 18 th, 20 th, 21 st, 24 th, 26 th, 27 th, 29 th, 30 th, 32 nd, 33 rd, 35 th, 36 th, 38 th, 41 st, 42 nd, 47 th, 48 th, 51 st and 52 nd causes of action with ...
2019.7.8 Motion for Protective Order 238
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.8
Excerpt: ...empt proceeding against Romana Cias, this motion for protective order does not seek a protective order against a contempt proceeding. Accordingly, no such protective order re the contempt proceedings will be considered, nor issued. To the extent Cias requests that the Court discharge the OSC against her (Cias Decl., ¶ 9), this request is DENIED. <0057004c00590048000300 004600580056004c0051[g her from sitting for her deposition on the ground that...
2019.7.5 Motions to Seal Records, to Strike, to Quash 793
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.5
Excerpt: ...nstruction Services; (2) Defendant/Cross-Complainant/Cross-Defendant LTD Construction Services, GP d/b/a Walton Construction Services; (3) Plaintiff Liberty Surplus Insurance Corporation PROOF OF SERVICE:  Correct Address: (1) Email; (2) Email; (3) Yes.  16/21 (CCP § 1005(b): (1) OK. Served by email on May 14, 2019; (2) OK. Served by email on May 15, 2019; (3) OK. Served by Federal Express delivery on May 30, 2019; continued to this date p...
2019.7.3 Motion for Terminating, Evidence, Issue, or Monetary Sanctions 112
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.3
Excerpt: ...inst Defendant Kamran Staffing, Inc. and attorney Jason E. Guerra. ANALYSIS Motion for Terminating, Evidence, Issue and/or Monetary Sanctions Request for Judicial Notice Plaintiff's request that the Court take judicial notice of documents filed in this action is GRANTED per Evid. Code § 452(d)(court records). Analysis Plaintiff moves for terminating, evidence, issue and/or monetary sanctions against Defendants Kamran Staffing, Inc. and Versa Log...
2019.7.2 Special Motion to Strike 532
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.2
Excerpt: ...Anti-SLAPP Special Motion to Strike Plaintiff/Cross-Defendant Steve Griggs brings an anti-SLAPP special motion to strike as to the first cause of action asserted in the Cross-Complaint. Discussion 1. Re: Whether the Causes of Action Are Subject To Being Stricken Pursuant to CCP § 425.16. <0025005500480044004600 00580046004c00440055[y Duty—29 U.S.C. § 501(a)). Close scrutiny of the first cause of action reveals that it is not subject to being ...
2019.7.2 Application to Seal Determination of Good Faith Settlement 830
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2019.7.2
Excerpt: ...ova Energy Corporation and Sunnova Asset Portfolio 5, LLC move to file under seal information and documents in connection with Sunnova's motion for good faith settlement determination. The CRC Rules pertaining to motions to seal apply to settlement agreements. See, e.g., Universal City Studios, Inc. v. Superior Court(2003) 110 Cal.App.4th 1273, 1283-84. A motion seeking an order sealing the record must be accompanied by “a declaration containin...

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