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2024.05.17 Motion to Dismiss or Stay Action for Forum Non Conveniens 500
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.17 Motion to Dismiss or Stay Action for Forum Non Conveniens 500
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.17 Motion for Leave to File FAC 435
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.16 Motion for Leave to File FAC 471
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.16
Excerpt: ...July 25, 2023. Plaintiff alleges that Defendants foreclosed on Plaintiff's home without reviewing her loss mitigation applications or contacting her before recording the Notice of Default. Plaintiff moves for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. This ruling is without prejudice to a procedurally proper motion for leave to file an amended or supplementa...
2024.05.15 Motion for Summary Judgment, Adjudication 916
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.15
Excerpt: ...n Patel, and Defendant Miguel Soltero CASE HISTORY : · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT O...
2024.05.15 Demurrer, Motion to Strike 278
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.15
Excerpt: ...ituted in for Doe Defendant #1 • 08/17/23: Solimar Homeowners Association substituted in for Doe Defendant #2. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability defect action. Plaintiff leased an apartment from Defendants that she alleges contained toxic mold. Defendant Solimar Homeowner's Association demurs to the Complaint and moves to strike the Complaint. TENTATIVE RULING: Defendant Solimar Homeowner's Association's Dem...
2024.05.15 Demurrer to FAC 465
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.15
Excerpt: ...OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a quiet title action. Plaintiff seeks to rescind a trustee sale that he alleges was improperly executed against his home. Defendants Miguel Victoria and Alexandria Mujica demur to the first amended complaint. TENTATIVE RULING: Defendants Miguel Victoria and Alexandria Mujica's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend. DISCUSSION : Defendants Miguel Victoria and Alexandr...
2024.05.14 Motion to Quash Subpoenas for Business Records 378
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.14
Excerpt: ... FACTS AND/OR PROCEEDINGS: This is an action for breach of contract stemming from a commercial banking agreement. Plaintiff moves to quash a series of third- party subpoenas for business records propounded to various financial institutions by Defendant. TENTATIVE RULING: Plaintiff's Motion to Quash Third -Party Subpoenas for Business Records is GRANTED. This ruling is conditioned on payment of $300 in filing fees within 10 days of this order. DIS...
2024.05.13 Motions in Limine 831
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.13
Excerpt: ...upplement its responses when new information comes into its possession. ( Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1318–1319, 1328.) “[A]bsent unusual circumstances, such as repeated and egregious discovery abuses,” courts will not impose an evidentiary sanction for a failure to disclose unless there has been a “willful” failure to disclose. (Id., at p. 1327.) Here, there has been no showing that any of Defendant's discov...
2024.05.13 Motion to Reopen Discovery 314
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.13
Excerpt: ... filed by Vahik Haddadian · 11/19/21: Cases ordered consolidated. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for employment discrimination and wrongful termination. Plaintiff alleges that she was subjected to a campaign of harassment by Defendant Alshanti on the basis of her race, national origin, religious beliefs, and marital status, and that she was terminated by Defendant City of Glendale in retaliation for complaining...
2024.05.13 Motion to Compel Joinder of Omitted Heirs, Demurrer, Motion to Strike 639
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.13
Excerpt: ... : (1) No response on eCourt as of 5/8/24; (2) Plaintiff Sharon Rachelle Cano, individually, as successor-in- interest for the Estate of Lorraine E. Cano, and as trustee for the Lorraine E. Cano Trust CASE HISTORY : · 03/02/22: Complaint filed. · 08/28/23: First Amended Complaint filed. · 01/02/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a medical malpractice action arising from a botched cardiac...
2024.05.13 Motion to Compel Arbitration and Stay Action 881
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.13
Excerpt: ...R PROCEEDINGS: This is a PAGA action that was filed on August 18, 2023. Plaintiff alleges that Defendants engaged in numerous wage and hour violations against various employees. Defendants move to compel Plaintiff's individual claims to arbitration and stay the remainder of the action pending resolution of arbitration. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. Plaintiff's claims as a representative of other aggrieved ...
2024.05.09 Motion for Discovery of Peace Officer Personnel Records 254
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.09
Excerpt: ...st Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was terminated by the Los Angeles Police Department following a Board of Rights hearing regarding misconduct by Plaintiff. Plaintiff alleges that her termination was in retaliation for whistleblowing regarding misconduct of other police officers . Plaintiff moves for discovery of peace officer personnel records pursuant to Evidence Code section 1043. TENTATIVE R...
2024.05.09 Motion for Leave to File FAC 596
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.09
Excerpt: ...AL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez -Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Plaintiffs move for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiffs' Motion for Leave to File First Amended Complaint is GRANTED conditioned on the revision...
2024.05.09 Motion for Summary Judgment, Adjudication 281
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.09
Excerpt: ...iff Solutech Pharmaceuticals, LLC CASE HISTORY: • 02/19/19: Complaint filed [lead case]. • 03/04/19: Cross-Complaint filed [lead case]. • 03/15/19: First Amended Complaint filed [lead case]. • 04/25/19: First Amended Cross-Complaint filed by Blaine Laboratories as to Paul Edalat et al. [lead case]. • 05/10/19: Second Amended Complaint filed [lead case]. • 06/05/19: Complaint filed [19STCV19489]. • 09/24/19: Cross-Complaint filed by ...
2024.05.06 Motions in Limine 104
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.06
Excerpt: ... for Plaintiff. TENTATIVE RULING: GRANTED. While Plaintiff's motion is broad, evidence of any potential effects of a verdict on Defendants would be irrelevant and potentially excluded under Evidence Code § 352. Plaintiff's MIL #4 : Withdrawn. Plaintiff's MIL #5 : seeking exclusion of written warnings given in 2012 and 2015 and testimony about those warnings and the underlying circumstance. TENTATIVE RULING: GRANTED. Defendants oppose the motion ...
2024.05.06 Motion in Limine 743
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.06
Excerpt: ...n or speculation. First, they assert the tautology that testimony based solely on speculation or improper extrapolation is inadmissible. Because the motion fails to identify specific damage calculations or opinions and describe the underlying facts or records and/or statistical methods used to reach those calculations or opinions, any order granting such a motion would a mount to a “ruling[ ] which would merely be declaratory of existing law or...
2024.05.06 Demurrer 736
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.06
Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...
2024.04.30 Motion for Terminating Sanctions, for Summary Judgment 786
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.30
Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...
2024.04.30 Motion for Entry of Default Judgment and Permanent Injunction 095
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.30
Excerpt: ...sion that was filed on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves for entry of default judgment and for a permanent injunction. TENTATIVE RULING: Plaintiff's Motion for Entry of Default Judgment and Permanent Injunction is CONTINUED for hearing on June 3, 2024 at 9:00 a.m. Plaintiff is directed to submit at least ...
2024.04.29 Motion to Strike 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.29
Excerpt: ...laint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Til...
2024.04.26 Motion to Strike 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.26
Excerpt: ...12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Tile Distribution, I...
2024.04.26 Motion for Terminating Sanctions, for Summary Judgment 786
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.26
Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...
2024.04.25 Petition to Confirm Arbitration Award 541
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.25
Excerpt: ...iled. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an uninsured motorist action. Petitioner sustained injuries to her sternum and wrists in a car accident. Petitioner's claim proceeded to arbitration, in which the arbitrator awarded Petitioner damages in the amount of $189,000. Petitioner seeks an order confirming the arbitration award and an order awarding costs of proof on three requests for admissions. TENTATIVE RULING: Petition to ...
2024.04.25 Motion to Enforce Settlement 351
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.25
Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...
2024.04.24 Demurrer to Complaint, Motion to Strike 444
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.24
Excerpt: ...: • 04/03/23: Complaint filed. • 10/17/23: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental contract. Plaintiff alleges that Defendants failed to pay rent on a commercial lease agreement. Cross -Defendants Nicole Management, LLC, Masoud Omrany, and Ramin Omrany demur and move to strike the cross- complaint. TENTATIVE RULING: Cross -Defendants' Motion to Strike the Cross -Complaint...
2024.04.24 Motion to Rescind Settlement Agreement 087
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.24
Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that his employer discriminated against him based on his religion and retaliated against him for complaining about being assaulted by a co-worker. Plaintiff moves to rescind a settlement agreement purportedly reached by the parties. TENTATIVE RULING: Plaintiff's Motion to Rescind Settlement Agreement is GRANTED. DISCUSSION: Plaintiff moves to re...
2024.04.24 Demurrer to SAC 610
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.24
Excerpt: ...ed Complaint filed. • 02/27/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and conversion. Plaintiffs allege that Defendant failed to adhere to an oral agreement between the parties and misappropriated corporate assets and trade secrets. Defendant demurs to portions of the Second Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. ...
2024.04.23 Motion to Seal 095
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.23
Excerpt: ...iled on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves to file an exhibit accompanying a declaration in support of Plaintiff's pending Motion for Default Judgment and Permanent Injunction under seal. TENTATIVE RULING: Plaintiff moves to file Exhibit B of the Declaration of Michael Kunkel in Support of Plaintiff's pend...
2024.04.23 Demurrer, Motion to Strike 754
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.23
Excerpt: ...on action filed on January 23, 2024. Plaintiff alleges that she was denied accommodations for her medical condition and was terminated because she needed those accommodations. Defendant demurs to and moves to strike the eighth, ninth, and tenth causes of action in the Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Demurrer to Complaint Defendant demurs to the ei...
2024.04.22 Petition to Compel Arbitration 385
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.22
Excerpt: ...ion to compel arbitration that was filed on December 4, 2023. Petitioner seeks to compel arbitration of a grievance involving a firefighter whose probational promotion was revoked pursuant to a memorandum of understanding between the parties . TENTATIVE RULING: The Petition to Compel Arbitration is GRANTED . DISCUSSION: Petitioner seeks to compel arbitration of a grievance pursuant to a Memorandum of Understanding between the parties. Timeliness ...
2024.04.22 Motion for Attorney Fees, to Tax Costs 679
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.22
Excerpt: ...an 2013 Family Trust; (2) Plaintiff Hollywood Lanai Apartments, LLC RESPONDING PARTY(S) : (1) Plaintiff Hollywood Lanai Apartments, LLC; (2) Defendant Paul Krzemuski as successor trustee of the Violette Krzemuski a/k/a Violette Adamian 2013 Family Trust; CASE HISTORY: • 09/13/22: Complaint filed. • 10/03/22: Case deemed related to 22STCV30055 Kabala v. Krzemuski, et al. and 22STCV29709 Adamian v. Krzemuski, et al. (lead case). • 01/12/24: R...
2024.04.19 Motion to Set Aside Stipulation to Arbitrate 283
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.19
Excerpt: ...n that was filed on August 23, 2023. Plaintiff alleges that she was sexually harassed by a colleague and terminated in retaliation for her complaints and for requiring accommodations for a disa bility. Plaintiff moves to set aside a stipulation to arbitrate filed on December 12, 2023. TENTATIVE RULING: Plaintiff's Motion to Set Aside Stipulation to Arbitrate is GRANTED. DISCUSSION: Plaintiff moves to set aside a stipulation to arbitrate filed on ...
2024.04.19 Motion to Set Aside Default 521
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.19
Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant Concord Farms, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant Concord Farms, Inc.'s Motion to Set Aside Default is DENIED. DISCUSSION: Defendant Concord Fa...
2024.04.17 Demurrer to FACC, Motion to Strike 907
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.17
Excerpt: ...: Cross-Complaint filed. · 08/25/23: First Amended Cross -Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement. Plaintiff/Cross -Defendant demurs to the First Amended Cross- Complaint and mo...
2024.04.17 Demurrer 260
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.17
Excerpt: ...is action on June 9, 2023, alleging breach of contract in connection with Defendants' failure to repay and guarantee a loan agreement codified in two promissory notes dated March 5, 2020, and June 7, 2020. Defendants demur to the second, third, and fourth causes of action in the Complaint. TENTATIVE RULING: Defendant Jerry Mao's Demurrer is SUSTAINED with leave to amend. Defendant Jack Chao's Demurrer is SUSTAINED with leave to amend. Defendant M...
2024.04.16 Demurrer to SAC, Motion to Strike 323
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.16
Excerpt: ...d. • 06/08/22: First Amended Complaint filed. • 07/08/22: Cross-Complaint filed. • 10/23/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising out of a commercial lease dispute. Defendants demur to the Second Amended Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrer to the Second Amended Complaint is OVERRULE...
2024.04.16 Motion for Reciprocal Order for Preservation of Evidence, to Quash Service of Summons and Complaint 596
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.16
Excerpt: ...ry, LLC; (3) Specially Appearing Defendant Consentino Group, S.A. RESPONDING PARTY(S) : Defendant Dal-Tile Distribution, LLC, joined by C&C North America, Inc.; WilsonArt LLC; Best Cheer Stone, Inc.; Walker & Zangler, LLC; Surface Warehouse, L.P.; Cambria Company, LLC; Global Stone Trading, Inc.; LX Hausys America, Inc.; Elite Stone & Cabin et, Inc.; Home Depot USA, Inc.; Caesarstone USA, Inc.; Arizona Tile LLC; Francini, Inc.; Lilly Industries; ...
2024.04.16 Motions in Limine 518
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.16
Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...
2024.04.15 Motion to Compel Further Responses 262
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.15
Excerpt: ...aw action filed on May 31, 2023. Plaintiff purchased a 2020 Honda Odyssey which developed defects in numerous core systems. Plaintiff moves to compel further responses to requests for production (set one) propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is ordered to produce verified, code -compliant responses without objections to the requests as propounded...
2024.04.15 Demurrer, Motion to Strike 690
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.15
Excerpt: ... 08/17/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and sexual harassment action. Plaintiff alleges that she was sexually harassed and assaulted by her co -workers. Defendants Cameo Hotel Inc and Valley Active Properties, LLC demur to the first, second, and sixth causes of action in the first amended complaint and move to strike portions of the prayer for damages in the Fi...
2024.04.15 Demurrer to FAC 259
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.15
Excerpt: ...Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on July 24, 2023. Plaintiffs purchased a 2020 Ford Explorer equipped with a 10R60 transmission system which they allege has a series of known defects causing hesitation, shuddering, and shifting issues. Defendants demur to the fifth cause of action for fraudulent concealment and the sixth cause of action for negligent repair. TENTATIVE RULING: Defend...
2024.04.12 Motion to Quash Service of Summons and Complaint 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.12
Excerpt: ...3: Complaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially A...
2024.04.11 Motion to Tax Costs 977
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.11
Excerpt: ...7: Appeal filed by Defendant Ralphs Grocery Co • 12/09/19: Remittitur received, reversing in part and remanding. • 09/19/23: Special verdict entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Following an appeal, the remaining claims are FEHA claims for failure to accommodate and engage in the interactive process and a defamation claim. Defendant moves to tax the memorandum of costs filed by Plaint...
2024.04.11 Motion to Quash Service of Summons and Complaint 362
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.11
Excerpt: ...ion that was filed on December 13, 2023. Plaintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Specially Appearing Defendant Kimball, Tirey, & St. John LLP moves to quash service of the summons and complaint. TENTATIVE RULING: Defendant Kimball, Tirey, & St. John, LLP's Motion to Quash Service of Summons is GRANTED. DISCUSSIO...
2024.04.10 Motion to Dismiss Action 979
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.10
Excerpt: ...plaint filed. • 04/01/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that he was subjected to extensive harassment by Defendant Gustavo Valencia while they were both employees at California State University Northridge. Defendant Board of Trustees of the California State University moves to dismiss the action against individual Defendant Gustavo Va...
2024.04.10 Motion for Trial Preference 592
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.10
Excerpt: ...ifornia, LLC CASE HISTORY : • 12/04/23: Complaint filed. STATEMEN T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on December 4, 2023. Plaintiff alleges that he was denied accommodations and wrongfully terminated for taking medical leave for cancer treatment. Plaintiff moves to specially set this matter for trial pursuant to Code of Civil Procedure section 36(d). TENTATIVE RULING: Plaintiff's M...
2024.04.08 Motion to Withdraw Notice of Appearance 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.08
Excerpt: ...ss-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Caesarstone Ltd moves to withdraw its ...
2024.04.08 Motion to Require Furnishing of Security 036
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.08
Excerpt: ... PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant Amy Pham brings a renewed motion to require Plaintiff to furnish security as a vexatious litigant. TENTATIVE RULING: Defendant Amy Pham's Renewed Motion to Order Plaintiff to Furnish Security is DENIED. DISCUSSION: Defend...
2024.04.08 Motion to Compel Arbitration 977
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.08
Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on August 9, 2023. Plaintiff alleges that he was harassed and ultimately terminated for sustaining a work -related injury and requiring accommodations for his resulting disability. Defendants move to compel this matter to binding arbitration pursuant to an arbitration agreement. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. All fut...
2024.04.05 Motion to Compel Further Responses, for Sanctions 028
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.05
Excerpt: ...R PROCEEDINGS: This is an employment discrimination action that was filed on June 28, 2023. Plaintiff alleges that she was harassed and terminated based on her gender and a perceived disability. Defendant moves to compel further responses to Requests for Production and Special Interrogatories propounded to Plaintiff. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant's Motion to Compe...
2024.04.05 Motion for Preliminary Injunction 493
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.05
Excerpt: ... derivative action that was filed on October 31, 2023. Plaintiffs allege that Defendants Bryce Egbert and Taisiia Popova conspired to raid the assets of a pair of LLCs in the business of cannabis oil manufacture. Plaintiffs bring a renewed motion for preliminary injunction seeking the removal of Defendant Egbert from control of both nominal Defendants and the appointment of David Moss or another qualified person as receiver to take control of the...
2024.04.04 Motion for Judgment on the Pleadings 056
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.04
Excerpt: ...Amended Complaint filed. • 10/17/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for wrongful foreclosure on a property located at 82 W. Abor Street, Long Beach, CA 90805. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered as to all Defendants with prejudice this date. DISCUSSION: Defendants move ...
2024.04.03 Motion to Compel Further Responses 646
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.03
Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action that was filed on December 6, 2021. Plaintiff seeks coverage for the loss of inventory destroyed by a fire while in the care of the insured non -party Pro -Com Products, Inc. Defendant Great Northern Ins. Co moves to compel further responses to requests for admissions and form interrogatories, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to...
2024.03.29 Special Motion to Strike 527
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.29
Excerpt: ... PROCEEDINGS: This is an action for breach of contract that was filed on December 14, 2023. Plaintiff alleges that Defendant, as the landlord of property leased by Plaintiff, refused to approve Plaintiff's request to install new playground equipment without adequate jus tification. Defendant specially moves to strike the Complaint in its entirety under Code of Civil Procedure section 425.16. TENTATIVE RULING: Defendant's Special Motion to Strike ...
2024.03.26 Motion to Set Aside Default 521
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.26
Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant OSI Staffing, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant OSI Staffing, Inc.'s Motion to Set Aside Default is GRANTED. Defendant is ordered to file and ...
2024.03.26 Motion to Enforce Settlement 240
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.26
Excerpt: ... 04/03/23: Dismissal pursuant to settlement. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wage and hour action. Plaintiffs allege that they were not adequately compensated for overtime nor provided meal or rest breaks. Plaintiffs move to enforce a settlement agreement. TENTATIVE RULING: Plaintiffs' Motion to Enforce Settlement is GRANTED. Judgment is entered this date for Plaintiffs and against Defendant J.D. Meints in the amount of ...
2024.03.26 Motion for Leave to File Complaint 250
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.26
Excerpt: ...24j that was filed on April 13, 2023. Plaintiff alleges that Defendant failed to properly disburse the proceeds from a Trustee's Sale. Defendant moves for leave to file a cross -complaint in interpleader. TENTATIVE RULING: Defendant's Motion for Leave to File Cross -Complaint in Interpleader is GRANTED. Defendant is ordered to file a clean, stand -alone copy of the proposed cross -complaint and deposit the disputed funds with the Court within 10 ...
2024.03.25 Motion to Quash Service of Summons and Complaint 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.25
Excerpt: ...mplaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appear...
2024.03.25 Motion to Quash Service of Summons and Complaint 596
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.25
Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez- Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appearing Defendant Stylenquaza, LLC moves to quash service of the summons and complaint for lack of personal jurisdiction. TENTATIVE RULING: Specially ...
2024.03.25 Motion to Compel Responses, for Sanctions 576
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.25
Excerpt: ...of 3/20/24; (2) Defendant Benedict Sirimanne CASE HISTORY: • 09/12/22: Complaint filed. • 10/26/22: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action involves a cancelled transaction to purchase a cargo aircraft, wherein the parties entered into a Cancellation Agreement and Plaintiff alleges that Defendants failed to repay a $5 million balance. Plaintiff asserts the following causes of actio n: (1) breach of c...
2024.03.22 Motion for Judgment Notwithstanding the Verdict, for New Trial 469
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.22
Excerpt: ...successor in interest to Robert E. Thacker CASE HISTORY: • 12/04/19: Complaint filed. • 12/11/19: The Ensign Group, Inc. substituted for The Flagstone Group, Inc. • 02/21/20: Third cause of action for willful misconduct dismissed with prejudice. • 12/04/20: First Amended Complaint filed. • 01/06/21: Second Amended Complaint filed. • 08/03/21: Third Amended Complaint filed. • 01/22/24: Judgment on special verdict entered. STATEMENT O...
2024.03.21 Motion for Summary Judgment, Adjudication 765
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.21
Excerpt: ...�� 06/01/21: First Amended Complaint filed • 11/23/21: Second Amended Complaint filed • 10/10/22: Third Amended Complaint filed. • 09/13/23: Judgment entered on summary judgment against Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment action in which Plaintiff alleges discrimination, harassment, fraudulent misrepresentation, negligent misrepresentation, and fraudulent concealment arising from his employment w...
2024.03.21 OSC Re Preliminary Injunction 859
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.21
Excerpt: ...8/24: Complaint in Intervention filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action. Plaintiff alleges that it subleased a commercial property from Defendants to operate a cannabis business. The property allegedly had serious structural and habitability defects which Defendants nei ther disclosed nor remedied. Plaintiffs further allege that Defendants subsequently locked Plaintiffs out ...
2024.03.19 Motion to Quash Subpoena, for Leave to File FAA 286
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.19
Excerpt: ...ARTY(S) : (1) Defendants Amazon.com Inc., Amazon.com Services LLC, and Prime Now, LLC; (2) Plaintiff Angelica Duarte STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on November 20, 2021. Plaintiff alleges that she was harassed, penalized, and ultimately terminated for having a disability that caused her to miss work. Plaintiff moves to quash two third party subpoenas for business records ...
2024.03.15 Petition to Confirm Arbitration Award 377
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.15
Excerpt: ...CEEDINGS: This is a petition to confirm an arbitration award on a contract dispute. Petitioner Director's Guild of America, Inc. petitions to confirm an arbitration award. TENTATIVE RULING: Petitioner Director's Guild of America, Inc. petitions to confirm an arbitration award against Respondent On Smoother Dirt Movie LLC. Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (Code Civ. Proc. § 1285.) ...
2024.03.15 Motion to Strike Answer 281
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.15
Excerpt: .... Plaintiff alleges that Defendants agreed to finance Plaintiff's purchase of video equipment and defaulted on the payments set forth in the agreement. Plaintiff moves to strike the unverified answer of Defendant Shalita Ladson to the verified Complaint. TENTATIVE RULING: Plaintiff's Motion to Strike the Answer is GRANTED. Defendant Ladson's February 13, 2024 answer is also stricken as improper on the Court's own motion. Defendants shall have 20 ...
2024.03.13 Motion to Compel Arbitration 698
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.13
Excerpt: ...023. Plaintiff alleges that he purchased a 2020 Audi Q8 which subsequently manifested electrical, engine, and steering system defects. Defendant moves to compel Plaintiff's deposition, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Deposition is GRANTED. Plaintiff is ordered to appear for remote deposition by Defendant at a time of Defendant's choosing within 10 days of this order. Defendant's request for sanctions is GRANTED i...
2024.03.06 Motion to be Relieved as Counsel 704
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.06
Excerpt: ...DRNK Coffee + Tea Franchising, LLC; and (2) Thomas Nariman; Declaration filed on behalf of Plaintiffs Ryan Suavet, Laetitia Suavet Vinciguerra, and Think I Got It, LLC CASE HISTORY: · 01/29/20: Complaint filed. · 12/10/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiffs allege that Defendants breached a franchise agreement with Plaintiffs to open a coffee shop. ...
2024.03.06 Demurrer 082
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.06
Excerpt: ...led to pay regular wages and overtime, and to provide meal and rest periods as required by law. Defendant Abel Orozco demurs to the Complaint in its entirety. TENTATIVE RULING: Defendant Abel Orozco demurs to the Complaint in its entirety. On December 19, 2022, Defendant filed a demurrer contending that Plaintiffs' claims should be dismissed because (1) the action was subject to a bankruptcy stay in a bankruptcy proceeding concerning Next Stage E...
2024.03.05 Motion for Summary Judgment, Adjudication 916
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.05
Excerpt: ...hin Patel, and Defendant Miguel Soltero CASE HISTORY: · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT ...
2024.03.04 Motion to Dismiss for Failure to Furnish Security 036
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.04
Excerpt: ...RY: • 03/23/22: Complaint filed. • 03/14/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant U.S. Bank moves to dismiss for Plaintiff's failure to furnish security pursuant to the Court's May 24, 2023...
2024.02.29 Motion to Deem RFAs Admitted, for Sanctions 472
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.29
Excerpt: ...� 10/24/22: Complaint filed. • 08/04/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff contracted with Defendants to manage and operate a farm owned by Defendants. Plaintiff alleges that he was terminated in violation of the terms of his contract. Plaintiff moves to deem the truth of matters in requests for admissions, and for sanctions. TENTATIVE RULING: Plain...
2024.02.27 Motion for Summary Judgment, Adjudication 286
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.27
Excerpt: ...DINGS: This is an employment discrimination action that was filed on November 20, 2021. Plaintiff alleges that she was harassed, penalized, and ultimately terminated for having a disability that caused her to miss work. Defendants move for summary judgment, or, in the alternative, summary adjudication of all causes of action. TENTATIVE RULING: Defendants' Motion for Summary Judgment is DENIED. Defendants' Motion for Summary Adjudication is GRANTE...
2024.02.27 Motion for Determination of Good Faith Settlement 574
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.27
Excerpt: ...: Complaint filed. • 12/26/13: First Amended Complaint filed. • 07/30/14: Second Amended Complaint filed. • 05/19/15: Third Amended Complaint filed. • 06/06/16: Judgment of dismissal entered in favor of Defendants Wilshire Bank, James Hyojin Ahn, and Robert Ahn and against all Plaintiffs. • 12/03/18: Judgment of dismissal reversed as to Plaintiff Green Mutual Property & Investment Co.'s claims against Defendants Wilshire Bank, James Hyo...
2024.02.26 Motion for Judgment on the Pleadings 709
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.26
Excerpt: ... of rent that was filed on September 19, 2023. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered this date as to all Defendants with prejudice. DISCUSSION: Defendants move for judgment on the pleadings. Legal Standard A motion for judgment on the pleadings is the functional equivalent to a general demurrer. ( Lance Camper Mfg. Corp. v. Republic Indemn...
2024.02.26 Demurrer, Motion to Strike 596
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.26
Excerpt: ...rajas CASE HISTORY: • 04/18/23: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez -Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendants Elite Stone & Cabinet Inc. demurs to all causes of action and moves to strike portions of the Com...
2024.02.23 Motion for Leave to Intervene, OSC Re Preliminary Injunction 859
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.23
Excerpt: ...& Management LLC; (2) Defendant 8210 Sunset, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action that was filed on January 12, 2024. Plaintiff alleges it subleased a commercial property from Defendants in order to operate a cannabis business. The property allegedly had serious structural and ha bitability defects which Defendants neither disclosed nor remedied. Plaintiffs further allege th...
2024.02.22 OSC Re Preliminary Injunction 766
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.22
Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and habitability defect action filed on October 11, 2023. Plaintiffs allege Defendants refused to replace the roof of Plaintiff's condominium, causing extensive water damage and mold throughout the unit. Plaintiffs also allege Defendants improperly issued special assessments in violation of the operative covenants, conditions, and restrictions on the property, and retaliated against Pl...
2024.02.22 Motion for Attorney Fees 469
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.22
Excerpt: ...p, Inc. CASE HISTORY: • 12/04/19: Complaint filed. • 12/11/19: The Ensign Group, Inc. substituted for The Flagstone Group, Inc. • 02/21/20: Third cause of action for willful misconduct dismissed with prejudice. • 12/04/20: First Amended Complaint filed. • 01/06/21: Second Amended Complaint filed. • 08/03/21: Third Amended Complaint filed. • 01/22/24: Judgment on special verdict entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS...
2024.02.21 Demurrer to FAC 563
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.21
Excerpt: ...HISTORY: • 12/11/20: Complaint filed. • 04/26/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and fraud action. In its complaint, Plaintiff alleges that the Villegas Defendants retained Plaintiff to represent them in a potential lawsuit against the County of San Bernardino and then breached their retainer agreement with Plaintiff. Plaintiff also alleges that Defendant Desimone an...
2024.02.09 Motion to Compel Further Responses, for Sanctions 848
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.09
Excerpt: ...loyment discrimination action that was filed on December 14, 2022. Plaintiff alleges that he was subjected to extensive harassment by his immediate supervisor throughout his employment, and that he was terminated for taking time off from work to recover from a shoulder injury. Defendant moves to compel further responses to special interrogatories, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Special Inter...
2024.02.09 Motion for Attorney Fees 280
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.09
Excerpt: ...y 27, 2022. Plaintiff alleges that Defendant breached the terms of a loan agreement by failing to make payments as required by its terms. Plaintiff moves for attorney's fees and costs. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees and Costs is GRANTED. DISCUSSION: Plaintiff moves for attorney's fees and costs. Entitlement to Fees Civil Code section 1717 provides, in relevant part: In any action on a contract, where the contract specifi...
2024.02.08 OSC Re Proof of Service, Motion for Orders Issuing Letters Rogatory 680
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.08
Excerpt: ... PROCEEDINGS: This is an action for fraud that was filed on October 30, 2020. Plaintiff alleges that he was the victim of a fraud scheme based in Nigeria. The Court issued an order to show cause re: proof of service on Defendants Kenneth and Paul Corkum in compliance with the Hague Service Convention. Plaintiff moves for an order for issuance of letters rogatory. TENTATIVE RULING: On December 18, 2023, the Court issued an Order to Show Cause rega...
2024.02.08 Motions in Limine 316
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.08
Excerpt: ... Eider Run property occurred before, during and after the negotiations with Plaintiffs that culminated in an alleged agreement on July 6, 2018 to sell their partnership interest to Plaintiffs. Defendants' parallel actions to secure a loan instead of performing on the sales agreement constitute evidence of their lack of intent to sell the partnership interest. Further, that Defendants allegedly forged a lease to give to Logix Credit Union and the ...
2024.02.08 Motion to Set Aside or Vacate Default, Judgment 333
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.08
Excerpt: ... Complaint filed. • 03/22/22: Second Amended Complaint filed. • 09/15/22: Third Amended Complaint filed. • 04/04/23: Default judgment against BLTN, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Defendant BLTN, Inc. moves to set aside the default and default judgment entered against it. TENTATIVE RULING: Defendant's Motion to Set Aside the Default and Default Judgment is DENIED. DISCUSSION: De...
2024.02.08 Demurrer 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.08
Excerpt: ... filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya-Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Tri-Stone & Tile, Inc. demurs to the Complaint for ...
2024.02.07 Motion for Leave to File Consolidated TAC 144
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.07
Excerpt: ...0: Complaint filed in lead case • 06/14/21: First Amended Complaint filed in lead case. • 09/13/21: Second Amended Complaint filed in lead case. • 06/07/22: Complaint filed by Plaintiff Nancy Allen in this case • 05/24/23: First Amended Complaint filed by Plaintiff Nancy Allen in this case. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, fraud, product liability, and negligence arising from a defe...
2024.02.02 Demurrer, Motion to Strike 727
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.02
Excerpt: ...aint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya-Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant M S Intern...
2024.02.01 Motion to Transfer Venue 278
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.01
Excerpt: ...endant #1 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability defect action. Plaintiff leased an apartment from Defendants that she alleges contained toxic mold. Defendant Solimar Homeowner's Association moves to transfer this action to Orange County. TENTATIVE RULING: Defendant Solimar Homeowner's Association's Motion to Transfer Venue to Orange County is DENIED. DISCUSSION: Defendant Solimar Homeowner's Association moves to t...
2024.01.31 Motion to Compel Arbitration 447
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.31
Excerpt: ...RIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action filed on August 15, 2023. Plaintiff is an actress starring in a series of horror films who alleges that Defendants have not properly compensated her for the use of her likeness in merchandising pursuant to the terms of her employment agreement. Defendants move to compel this matter to binding arbitration pursuant to the terms of an arbitration agreement within the employment contr...
2024.01.31 Motion for Summary Adjudication 412
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.31
Excerpt: ...mended Complaint filed. • 07/14/21: Dismissal entered as to Connie M. Fickel and Tamar Yeghiayan. • 07/14/21: Dismissal entered as to Tristan Mullis as to the third CoA for declaratory relief. • 07/14/21: Dismissal entered as to Tom Ingrassia as to the third CoA for declaratory relief. • 07/14/21: Dismissal entered as to Pettit Kohn as to the third CoA for declaratory relief. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an acti...
2024.01.31 Motion for Leave to File Complaint 035
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.31
Excerpt: ...PROCEEDINGS: This is an action for breach of contract filed on September 30, 2022. A First Amended Complaint was filed on July 25, 2023. Plaintiff alleges that Defendants have failed to pay money owed for the installation of HVAC equipment at a hospital facility owned and operated by Defendants. Defendants Alta Los Angeles Hospitals, Inc. and Prospect Medical Holdings, Inc. move for leave to file a compulsory cross-complaint. TENTATIVE RULING: De...
2024.01.30 Motion for Attorney Fees 365
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.30
Excerpt: ... entered as to Platinum Motorsports, Inc. • 03/18/22: Default entered as to Top Speed, Inc. • 04/04/22: Default entered as to Hakop and Gevork Keshishyan • 03/30/23: Default Judgment entered. • 10/24/23: Amended Judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for forgery, conversion, and theft. Plaintiff alleges that Defendants forged her signature on a check from Plaintiff's vehicle insurance for repai...
2024.01.26 Motion for Judgment Notwithstanding the Verdict, for New Trial 355
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.26
Excerpt: ...laint filed.  12/04/23: Judgment entered on jury verdict. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for disability discrimination. Plaintiff alleges that Defendant demoted her and placed her on an unpaid leave of absence because of her disability which prevent her from working in the office full-time. Plaintiff moves for Judgment Notwithstanding the Verdict, or, in the alternative, for a new trial. TENTATIVE RULING: Pla...
2024.01.25 Motions in Limine 831
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.25
Excerpt: ...ent its responses when new information comes into its possession. (Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1318–1319, 1328.) “[A]bsent unusual circumstances, such as repeated and egregious discovery abuses,” courts will not impose an evidentiary sanction for a failure to disclose unless there has been a “willful” failure to disclose. (Id., at p. 1327.) Here, there has been no showing that any of Defendant's discovery res...
2024.01.25 Motions in Limine 314
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.25
Excerpt: ...confusing and time-consuming under Evidence Code § 352. In Lowenthal v. Mortimer (1954) 125 Cal. App. 2d 636, 643, our Court of Appeal reversed a jury verdict in favor of defendant, based on an improper ruling allowing evidence on 15 prior lawsuits in which the plaintiff and her husband were involved. The appellate court ruled that these lawsuits were irrelevant to the issue of plaintiff's alleged negligence in the case that was tried, not proba...
2024.01.25 Motion for Preliminary Injunction 362
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.25
Excerpt: ...aintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Plaintiff moves for a preliminary injunction restraining Defendants from removing Plaintiff or his belongings from the rental property pending the conclusion of this action. TENTATIVE RULING: Plaintiff's Motion for Preliminary Injunction is GRANTED. Defendants are enjoined f...
2024.01.25 Motion for Attorney Fees 362
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.25
Excerpt: ... 03/12/19: Complaint in Intervention filed by Royal Thai Cuisine II  04/29/19: First Amended Complaint filed.  08/21/19: Second Amended Complaint filed.  04/07/20: Cross-Complaint filed by T-Team Investment  11/02/20: First Amended Cross-Complaint filed by T-Team Investment.  03/05/21: Second Amended Cross-Complaint filed by T-Team Investment.  06/30/22: Statement of Decision Rendered  10/11/22: Amended Statement of Decision ...
2024.01.19 Motion for Preliminary Injunction 493
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.01.19
Excerpt: ...ivative action that was filed on October 31, 2023. Plaintiffs allege that Defendants Bryce Egbert and Taisiia Popova conspired to raid the assets of a pair of LLCs in the business of cannabis oil manufacture. Plaintiffs move for an order (1) confirming a majority vote of stakeholders in nominal Defendant Deeper Dive LA, LLC for the removal of Defendant Egbert from control of both nominal Defendants and his replacement with Matthew Novello as mana...

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