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2020.02.19 Motion for Summary Adjudication 819
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.19
Excerpt: ... M.D. moves for summary adjudication of Plaintiff Elinor Massachi's (“Plaintiff”) second cause of action for battery. A cause of action for medical battery requires the following elements: (1) defendant performed a medical procedure without plaintiff's consent; (2) plaintiff was harmed; and (3) defendant's conduct was a substantial factor in causing plaintiff's harm. (CACI 530A.) “Our high court has made it clear that battery and lack of in...
2020.02.19 Demurrer 280
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.19
Excerpt: ...e location of the dangerous condition as 797 South Fair Oak, Pasadena CA. The Court takes judicial notice of the claim form in ruling on the demurrer. Gong v. City of Rosemead (2014) 226 Cal. App. 4th 363, 376 “Government Code section 945.4 provides that ‘no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with ... Section 910 ... until a written ...
2020.02.14 Motion for Separate Trial of Affirmative Defenses 687
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.14
Excerpt: ...parate trial on the issue of the validity of the release under section 597, 598 and 1048 of the Code of Civil Procedure. Code of Civil Procedure section 597 provides in relevant part: “When the answer pleads that the action is barred . . . [by a] defense not involving the merits of the plaintiff's cause of action but constituting a bar or ground of abatement to the prosecution thereof, the court may, either upon its own motion or upon the motio...
2020.02.13 Motion for Summary Judgment, Adjudication 668
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.13
Excerpt: ...b Demonstration Services, Inc. (“CDS”) (collectively, “Defendants”), general negligence and premises liability. Defendants move for summary judgment, contending that the undisputed evidence establishes that Defendants exercised reasonable care and that Plaintiff does not have and cannot reasonably obtain evidence sufficient to establish one or more elements of her claim. Plaintiff has not opposed the motion. A store owner can be held liab...
2020.02.13 Demurrer 929
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.13
Excerpt: ... of the first amended complaint. The Court DENIES the motion as to “any other references to intentional conduct”; there is nothing improper about alleging intentional conduct. The Court also DENIES the motion to the extent it seeks an order striking “any other references to punitive damages and/or exemplary damages” as too vague. Defendant must identify with particularity the specific portions of the pleading that he seeks to strike. Leav...
2020.02.06 Motion to Set Aside Dismissal and Recalendar Trial 773
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.06
Excerpt: ...nt was not given the 5-day extended notice for service by mail. Cal Code Civil Procedure § 1005(b). However, Defendant has not shown any prejudice resulting from the defective notice. Under certain circumstances, a party may be deemed to have waived any irregularity in the notice by appearing at the hearing, opposing the motion, not asking for a continuance and not demonstrating any prejudice resulting from the shortened notice.Carlton v. Quint ...
2020.02.05 Motion for Summary Judgment 590
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.05
Excerpt: ... consisted of a vertical offset between two sidewalk slabs of about an inch. Plaintiff asserts a single claim under Governement Code section 835 for dangerous condition of public property. Defendant City of Claremont moves for summary judgment, contending the defect is trivial as a matter of law. EVIDENCE The incident at issue here occurred on May 21, 2017 at approximately 10 a.m. on a clear, sunny day on a residential street in the city of Clare...
2020.02.04 Motion for Summary Judgment 886
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.04
Excerpt: ...). Plaintiff's sister, Flora Meza, was in the midst of buying the property from Defendant. Ms. Meza allegedly made an appointment for her and her sisters to view the property, but the agent (Defendant Maria Richardson Madrigal) could not make the appointment. She allegedly told Ms. Meza that the women could view the interior of the property by looking through the windows. Plaintiff tried to look through the window from atop a short, wooden “sta...
2020.02.03 Motion to Compel Medical Exam 504
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.03
Excerpt: ... undergone two defense examinations, one with a medical doctor specializing in orthopedics and one with a licensed chiropractor who purported to administer an “objective eye test” to evaluate traumatic brain injury, the results of which were then evaluated by a biomedical engineer. To obtain a further examination, Plaintiff must demonstrate good cause. Shapira v. Superior Court (1990) 224 Cal. App. 3d 1249, 1255. Defendant states that there i...
2020.02.03 Motion for Summary Judgment, Adjudication 815
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.02.03
Excerpt: ...ipped on was an unknown liquid that was clear with beige colored particles resembling grated parmesan cheese. Plaintiff claims that the liquid was copious enough to soak through the fabric on Plaintiff's pants and onto her skin. Plaintiff asserts two causes of action against Bristol Farms: general negligence and premises liability. Bristol Farms moves for summary judgment, claiming that the undisputed evidence establishes that Bristol Farms did n...
2020.01.29 Motion to Compel Medical Exam 504
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.29
Excerpt: ... doctor specializing in orthopedics and one with a licensed chiropractor who purported to administer an “objective eye test” to evaluate traumatic brain injury, the results of which were then evaluated by a biomedical engineer. To obtain a further examination, Plaintiff must demonstrate good cause. Shapira v. Superior Court (1990) 224 Cal. App. 3d 1249, 1255. Defendant states that there is good cause for the mental examination because “Plai...
2020.01.28 Motion for Judgment on the Pleadings 104
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.28
Excerpt: ... Mr. Hill has 30 days to amend. The motion is denied as moot as to Defendant Kaiser Foundation Health Plan, Inc. because that defendant has been dismissed. A motion for judgment on the pleadings may be made on grounds the complaint does not state facts sufficient to constitute a cause of action. Cal Code Civ Procedure § 438(c)(1)(B). Grounds for the motion must appear on the face of the pleading or from matters subject to judicial notice. Id. Th...
2020.01.28 Motion for Leave to Supplement or Augment Designation of Expert Witnesses 466
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.28
Excerpt: ...ernatively, the Court exercises its discretion under section 2034.610 to allow Defendant to augment the original designation. Defendant is ordered to make the newly designated experts available for deposition prior to the expert discovery cut off date. In this action, Plaintiff alleges she was injured when she slipped and fell at Defendant's supermarket. Defendant seeks to supplement or augment its designation of expert witnesses. PROCEDURAL HIST...
2020.01.24 Motion for Summary Judgment 473
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.24
Excerpt: ...ehicle allegedly owned by Defendant Hertz Vehicles LLC. Plaintiff alleges that Defendant Hertz Vehicles LLC ("Defendant") negligently “maintained and entrusted” the vehicle “so as to cause a traffic collision” with Plaintiff's vehicle. Compl. ¶ 10. Plaintiff seeks to hold Defendant vicariously liable as the owner of the vehicle and liable for Defendant's own alleged negligence in maintaining and entrusting the vehicle. Plaintiff asserts ...
2020.01.23 Motion to Change Venue 989
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.23
Excerpt: ...he ends of justice would be promoted by the change.” Code Civ. Proc. § 397(a) & (c). In an action for personal injury or wrongful death, venue is proper “in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action.” Code Civ. Proc. § 395. Venue is determined at the outset of the action, based on the allegations in the original ...
2020.01.23 Motion for Summary Judgment, Adjudication 494
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.23
Excerpt: ...sult of as the result of an unpainted depression in the sidewalk and curb leading to the parking lot. Plaintiff alleges that an unpainted handicap cut out ramp in the middle of the sidewalk created a large gap that caused her to fall. Plaintiff alleges, among other things, that Defendant failed to maintain the sidewalk in a safe condition, failed to properly inspect the parking lot and sidewalk, failed to add appropriate signage or warnings to pa...
2020.01.23 Motion for Summary Judgment, Adjudication 041
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.23
Excerpt: ...tly maintained the premises such that it was insufficient to properly secure the dog.” Complaint, ¶ 8. Plaintiff asserts claims of general negligence, negligent infliction of emotional distress and strict liability against all defendants. Defendant Jomafa has moved for summary judgment. Plaintiff has filed a notice of non‐opposition, and no other party has opposed the motion. As to the negligence and negligent infliction of emotional distres...
2020.01.22 Motion to Strike 203
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.22
Excerpt: ...ve within the meaning of Civil Code 3294 and subjects them to an award of punitive and/or exemplary damages”; land Page 8, ¶ 7, line 5: “For punitive and/or exemplary damages according to proof.” In the complaint, Plaintiff Adelmo Francisco alleges that he slipped and fell at Defendant's theater as a result of the Defendant's negligence. Plaintiffs alleged that upon entering the theater and approaching their assigned seats, they became awa...
2020.01.22 Motion to Post Undertaking Bond 500
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.22
Excerpt: ...ant part: “When the plaintiff in an action or special proceeding resides out of the state . . . the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs . . . .” Subdivision b provides, in part: “The motion shall be made on the grounds that the plaintiff resides out of state . . . and there is a reasonable possibility that the moving defendant ...
2020.01.22 Motion for Summary Judgment 819
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.22
Excerpt: ...cal Institute, Inc. (“Rexford”). Plaintiff was referred to Dr. Waldrep by Defendant Shapour Daniel Golshani, M.D. Plaintiff asserts claims for negligence against Waldrep, Golshani, and Rexford and claims for battery against Waldrep and Rexford. Defendants Golshani and Rexford move for summary judgment, claiming that the undisputed evidence establishes that their treatment complied with the applicable standard of care and that no negligent act...
2020.01.22 Motion for Reconsideration 567
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.22
Excerpt: ...or opposition and reply are governed by Cal Code Civil Procedure § 1005(b) and will be based on the new hearing date. 1) Defendant contends that the motion for reconsideration is untimely. A party affected by a prior court order may bring a motion for reconsideration within 10 days after service of written notice of the order, provided that the moving party can show new or different facts, circumstances or law that would warrant reconsideration ...
2020.01.22 Motion for Leave to File Amended Complaint 737
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.22
Excerpt: ...course and scope of his employment with Defendant Two Star Trucking at the time of the accident. The complaint alleges that the collision occurred on August 15, 2016. Plaintiff now seeks to amend his complaint to add an additional plaintiff, Destinee Brown, as a plaintiff to the action. Ms. Brown was allegedly in the car with Mr. Lopez and allegedly suffered injuries as a result of the collision. Defendants oppose the motion on the ground that Ms...
2020.01.21 Motion for Summary Judgment 730
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.21
Excerpt: ...ge. Dr. Yadegar moves for summary judgment, claiming that the undisputed evidence establishes that his treatment complied with the applicable standard of care and that no negligent act or omission by Dr. Yadegar caused or contributed to Plaintiff's injuries. Plaintiff opposes the motion. To make out a claim for professional negligence, a plaintiff must establish the following elements: “'(1) the duty of the professional to use such skill, prude...
2020.01.21 Motion for Separate Trials 002
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.21
Excerpt: ...s”). Lisa Goodrich was a passenger in the car at the time of the accident. Padilla and R&L Carriers have filed a cross‐complaint against Lisa Goodrich and Erik Goodrich, the driver of the car, alleging that the accident was caused by Erik Goodrich's negligence and Lisa Goodrich's negligent entrustment of her vehicle. The cross‐complainants also allege claims for express contractual indemnity, equitable indemnity, and contribution against Er...
2020.01.21 Motion for Leave to File Amended Complaint to Allege Punitive Damages 087
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.21
Excerpt: ...y made, and the granting of the motion will not prejudice the opposing party, it is error for the court to grant permission to amend. Morgan v. Superior Court of Los Angeles (1959) 172 Cal. App. 2d 527, 530. In addition, the Court does not ordinarily “consider the validity of the proposed amended pleading in deciding whether to grant leave to amend.” Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048. “Grounds for dem...
2020.01.17 Motion for Summary Judgment 448
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.17
Excerpt: ...na negligently maintained the premises, allowing for the creation or existence of a dangerous condition. Specifically, Plaintiff alleges that Defendant knew or should have known, in the exercise of reasonable care, that “pushing shopping carts where customers were walking created an unreasonable risk of harm”; that Defendant “failed to block/cordon off or protect the area where shopping carts were being used”; and otherwise failed to exer...
2020.01.16 Motion to Compel Medical Exam 723
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.16
Excerpt: ...ed to meet and confer regarding the precise tests to be administered and the date for the examination. A party may obtain discovery by means of a mental examination of another party in any action in which the mental condition of the party is “in controversy” in the action CCP 2032.020. A party must obtain leave of court for a mental examination, which the Court must grant for good cause shown. CCP 2032.310; 2032.320. “A mental examination c...
2020.01.16 Demurrer, Motion to Strike 532
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.16
Excerpt: ...in Hirsh (“Defendant”). He asserts claims for negligence and negligence per se and seeks punitive damages pursuant to Civil Code section 3294. The allegations in support of the punitive damages claim are as follows: Defendant was driving well above the speed limit of 65 miles per hour while heavily intoxicated. He unsuccessfully attempted to cut across multiple lanes of traffic in order not to miss his freeway exit. He lost control of the veh...
2020.01.15 Motion for Protective Order 914
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.15
Excerpt: ...fendant Wendy Jane Folia. Plaintiff contends that at the time of the accident Folia was engaged in picking up a passenger through the Lyft application and platform. On June 18, 2019, Plaintiff amended the complaint to add Lyft as a defendant, contending, among other things, that Lyft is liable under a respondeat superior theory. On August 26, 2019, counsel for Plaintiff signed a “Confidential Stipulation” on behalf of “Plaintiff.” The two...
2020.01.10 Motion to Quash Deposition Subpoena 341
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.10
Excerpt: ...ured as a result of Defendants' negligence and claims damages for future and past medical expenses associated with treatment for his neck, right shoulder, right arm, lower back and past and future pain and suffering. Plaintiff is not making a claim for loss of income or earning capacity. On October 28, 2019, Defendants issued subpoenas to Suez North America and Rabano c/o Meiyen Chong, Plaintiff's current and former employers, respectively, seeki...
2020.01.09 Motion for Summary Judgment, Adjudication 395
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.09
Excerpt: ...me Best Buy Stores, L.P as a defendant and there are currently no claims pending against that party. In the first amended complaint in this action, Plaintiff alleges he was robbed and battered in the parking lot of a Best Buy store in Burbank, California. Plaintiff asserts claims against Defendants Burbank Empire Center, LLC; Tiarna Real Estate Services, Inc.; and Allied Universal. Burbank Empire has moved for summary judgment. Defendant Burbank ...
2020.01.08 Motion to Vacate Dismissal 496
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.08
Excerpt: ...efendant's alleged negligence. A settlement for Ms. Carvajal‐Bolanos' policy limits of $15,000 was reached on behalf of the minor, and, on 9/26/2017, the Court approved the settlement upon an expedited petition to approve a compromise of disputed claim of a minor. The funds were ultimately deposited into a blocked account. On 3/28/2018, the case was dismissed. Ms. Farrell subsequently proceeded with an underinsured motorist arbitration and obta...
2020.01.08 Motion for Summary Judgment 738
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.08
Excerpt: ...near the produce section. Plaintiff contends that the baby oil on the floor constituted a dangerous condition that Defendant negligently failed to prevent. Defendant has moved for summary judgment, claiming that the undisputed evidence establishes, as a matter of law that Defendant did not have actual or constructive notice of the dangerous condition. To establish premises liability, a plaintiff must prove that the defendant knew, or through the ...
2020.01.08 Motion for Determination of Good Faith Settlement 836
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.08
Excerpt: ...or to the accident and claims to have missed approximately 12 to 16 days of work due to the incident over the last three years. Plaintiff alleged claims against the following defendants: TWT, Inc.; OUE Skyspace, LLC; Legends Hospitality, LLC; Legends Attractions, LLC and Beringia Central LLC. Defendants Legends Hospitality LLC and Legends Attractions LLC filed a cross‐complaint against Oue Skyspace LLC, Beringia Central LLC and TWT Inc. The cro...
2020.01.07 Motion for Leave to Amend Answer 565
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.07
Excerpt: ... not result in prejudice to the opposing party, it is error to refuse permission to amend. Morgan v. Superior Court of Los Angeles County (1959) 172 Cal. App. 2d 527, 530. It is an abuse of discretion to refuse permission to amend where the refusal results in a party being deprived of the right to assert a meritorious defense. Id. Plaintiff has not established that Defendant's motion is untimely or that Defendant lacked diligence in making the mo...
2020.01.07 Demurrer, Motion to Strike 000
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.07
Excerpt: ... that on or about July 23, 2016, she was in her room at Alhambra Behavioral Hospital when she was allegedly injured by the negligence and intentional tort of Defendant Doe 1. Plaintiff alleges that Doe 1 violently opened the heavy door to her room and knocked Plaintiff to the floor, seriously injuring her. Plaintiff alleges that Doe 1 was an employee or agent of Defendants Universal Health Services Inc. (“Universal”) and BHC Alhambra Hospital...
2020.01.06 Motion for Summary Judgment, Adjudication 402
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.06
Excerpt: ...that she was injured while engaging in rock climbing activities at Defendant Boulderdash's Indoor Rock Climbing facility. She alleges that her injuries resulted from Defendant's gross negligence and recklessness in maintaining, owning and managing the facility, and asserts claims for negligence and premises liability. Defendant has moved for summary judgment, contending that the claims are barred by the primary assumption of the risk doctrine and...
2020.01.06 Motion for Summary Judgment 343
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.06
Excerpt: ... 2017 at Mercy Hospital in Bakersfield from sepsis secondary to a bowel leak. Decedent had been a patient at defendant HMH from September 8, 2017 through September 10, 2017, during which time decedent underwent a duodenal switch procedure. The Complaint alleges that decedent was prematurely discharged and that complications from the surgery were negligently overlooked, and that the negligence of HMH and its agents were substantial factors in caus...
2020.01.03 Demurrer 874
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.03
Excerpt: ...e supervision. Plaintiff also alleges that the slide was negligently maintained, creating a dangerous condition that led to Plaintiff's injuries. Plaintiff has asserted claims for general negligence and premises liability against Defendant Compton Unified School District, a public entity. Defendant has demurred. Plaintiff claims that demurrer is improper because Defendant failed to comply with Code of Civil Procedure section 430.41(a). Plaintiff'...
2020.01.02 Motion for Summary Judgment 473
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.01.02
Excerpt: ...tuted in as Doe 1) has been dismissed). Defendants have moved for summary judgment, contending that the undisputed evidence establishes that neither defendant was negligent as a matter of law and that no negligent act or omission by either defendant was a substantial factor in causing Plaintiff's injuries. Plaintiff has not opposed the motion. I. EVIDENCE Defendants have presented evidence of the following facts. This action arises from a vehicle...
2019.8.13 Demurrer 207
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.8.13
Excerpt: ...cts sufficient to constitute a cause of action. [The court notes that MV Transportation filed a Notice of Settlement on August 8, 2019, and MV Transportation took its demurrer and motion to strike off calendar through the court reservation system. Therefore, this court will only address City's demurrer.] The Second Amended Complaint (“SAC”) alleges that on December 10, 2017, Defendants negligently entrusted, managed, maintained, drove, operat...
2019.8.8 Motion to Stay Action 457
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.8.8
Excerpt: ...oss-Defendants' request for judicial notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) Cross-Defendants move for a stay of these proceedings pursuant to CCP §1281.4. Cross-Defendants argue that section 1281.4 requires the trial court to stay any proceedings in which any issue or controversy within the litigation has been ordered to arbitration, and that a stay i...
2019.8.8 Demurrer, Motion to Strike 763
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.8.8
Excerpt: ...ntract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automobile accident, vandalized, and that certain parts of the vehicle were stolen. ...
2019.8.8 Demurrer, Motion to Strike 212
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.8.8
Excerpt: ...ntract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automobile accident, vandalized, and that certain parts of the vehicle were stolen. ...
2019.8.8 Demurrer, Motion to Strike 026
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.8.8
Excerpt: ...leave to amend, Plaintiffs have 30 days to amend. I. Defendants INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB and AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA's motion to strike portions of Plaintiff's First Amended Complaint is MOOT in part, GRANTED without leave to amend in part, and OFF‐ CALENDAR as MOOT in part. Moving Party to give Notice. No Opposition(s) filed as of August 6, 2019. The demurrer and motion to strike as to Defendant AUTOMOBILE ...
2019.7.30 Demurrer 147
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.7.30
Excerpt: ...days to amend. B. The demurrers to the sixth and seventh causes of action against Rescue One are OVERRULED. C. The demurrers to the first and fourth causes of action against Defendants Andrew Boulos and William Watson are SUSTAINED with leave to amend. Plaintiff has 20 days to amend. D. The demurrers to the fifth, sixth and seventh causes of action against Defendants Andrew Boulos and William Watson are OVERRULED. Moving party to give notice. The...
2019.7.25 Motion for Bond 168
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.7.25
Excerpt: ...HEY (“Defendant Mulcahey”) and nominally against Defendants DIGITAL DOGMAN CORP. and MULSH HOLDINGS, LLC. Plaintiff asserts both individual claims and shareholder derivative claims. Defendant Mucahey has moved for an order requiring Plaintiff to provide a $50,000 bond pursuant to section 800(c) of the California Corporations Code. Corporations Code section 800(c) provides that in any purported shareholder derivative suit, “the corporation o...
2019.6.11 Motion for Summary Judgment 883
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.6.11
Excerpt: ...ent/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) California Law Governs Plaintiff's complaint alleges claims for sex discrimination, sexual orientation discrimination, and retaliation based on New York state law. However, Plaintiff's claims are governed by California law because the parties entere...
2019.6.11 Application for Writ of Attachment 350
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.6.11
Excerpt: ...ight to att achorder, which shall state the amount to be secured by the attachment determin ed by the court in accordance withSection 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of the claim upon which the attachment is based 3. The attachment is not sought for a purpose other than the reco...
2019.5.7 Motion for Summary Judgment 931
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2019.5.7
Excerpt: ...o Department C, but no courtesy copies were received from Hoover. Counsel is ordered to provide those courtesy copies no later than 5 p.m. on May 8, 2019. II. THE COURT WILL NOT BE ISSUING TENTATIVE ORDERS ON THE OTHER PENDING MOTIONS FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. THE PARTIES SHOULD BE PREPARED TO ADDRESS THE ISSUES BELOW IN THEIR ORAL ARGUMENT. A. SMARK DEFENDANTS' MOTIONS With respect to the Motions for Summary Judgment of D...

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