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2022.11.29 Motion for Leave to File FAC 198
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.29
Excerpt: ... MATERIAL FACTS AND/OR PROCEEDINGS: This was filed as a petition for writ of mandamus. Plaintiff now alleges that Defendants engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicle was allegedly unlawfully towed. Plaintiff moves for leave to file a first amend...
2022.11.29 Demurrer 423
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.29
Excerpt: ...n that was filed on August 31, 2022. Plaintiff alleges Defendants wrongfully terminated him and then refused to rehire him on the basis of his age and perceived disability. Defendants demur to the Complaint in its entirety. TENTATIVE RULING: Defendants' Demurrer to the Complaint is SUSTAINED without leave to amend. DISCUSSION: Defendants demur to the Complaint in its entirety. Legal Standard A demurrer tests whether the complaint states a cause o...
2022.11.28 Motion to Compel Further Responses 021
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.28
Excerpt: ...MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on January 25, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Plaintiffs move to compel further responses to certain requests in Plaintiffs' Requests for Production (Set Two). TENTATIVE RULING: Plaintiffs' Motion to Compel Further Responses to Requests for Production ...
2022.11.28 Motion for Summary Judgment, Adjudication 200
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.28
Excerpt: ...(S): Plaintiffs Yoav Botach and YB Real Estate Properties I, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs commenced this action on August 9, 2018, alleging that Defendants conspired to induce Plaintiff Yoav Botach to sell the Garfield Building at 403 W. 8th Street, Los Angeles, CA (hereafter “the subject property”) to sell the subject property to Kyriakos “Kerry” Bonnis for well below its listed price. In their operativ...
2022.11.21 Motion to Compel Further Responses, for Sanctions 235
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.21
Excerpt: ...S): Defendant Pueblo Restaurant, Inc., CASE HISTORY: · 04/7/21: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff filed this action on April 7, 2021 alleging employment discrimination, whistleblower retaliation, and wage and hour violations. Plaintiff moves to compel further responses to form interrogatories and requests for production, and for sanctions. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses t...
2022.11.21 Motion for Stay on Representative PAGA Claims Pending Arbitration 227
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.21
Excerpt: ...04/17/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a PAGA action for wage and hour violations. Following the Court's September 19, 2022 order granting Defendant's Motion to Compel Arbitration with respect to Plaintiff's individual claims, the Court ordered briefing on the question of whether the Court should stay litigation of Plaintiff's representative PAGA claims. TENTATIVE RULING: Plaintiff's repre...
2022.11.17 Motion to Tax Costs 969
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.17
Excerpt: ...NGS: Plaintiff Gary Varterian, an experienced jeweler who also bought and sold precious metals, commenced this lawsuit on November 30, 2018, against Defendants Gold Depot, Inc., and its president, Kevork Kacharian, who were long-time dealers of precious metals operating in Downtown Los Angeles. Plaintiff asserted claims for breach of contract and fraud arising out of the parties' dealings on an open position contract in which Plaintiff provided s...
2022.11.16 Demurrer to SAC 811
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.16
Excerpt: ...plaint filed. · 08/19/22: Second Amended Complaint Filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that he was subjected to extensive racial discrimination while employed by Defendants and was subsequently terminated in retaliation for reporting racial discrimination by the individual defendants. Defendants demur to the second and fourth causes of action for failure to state fa...
2022.11.15 Motion in Limine 609
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.15
Excerpt: ...exclude opinion testimony from non-retained experts who have “formed opinions in anticipation of litigation” is not an accurate description of the restrictions placed on non-retained experts. A treating physician may provide “both fact and opinion testimony,” just like any other expert; “what distinguishes the treating physician from a retained expert is not the content of the testimony, but the context in which he became familiar with ...
2022.11.15 Motion for Attorney Fees 573
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.15
Excerpt: ...INGS: This is a libel action. Plaintiff alleges that Defendants falsely tweeted, among other things, that he preyed on young women at Dragon Con, the comic book convention held in Atlanta. Defendant moves for an award of attorney's fees in the amount of $133,340, plus $4,848.75 in costs, following appellate vacatur of the Court's denial of Defendant's Motion to Quash Service of Summons and Special Motion to Strike. TENTATIVE RULING: Defendant's M...
2022.11.10 Motion to Sever 321
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.10
Excerpt: ...ACTS AND/OR PROCEEDINGS: CASE HISTORY (Aghajanian): · 08/30/18: Complaint filed. · 09/14/21: Aghajanian and Haddadian deemed related. Aghajanian designated the lead case. CASE HISTORY (Haddadian): · 09/20/18: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Aghajanian is a wrongful termination action (although Plaintiff does not allege a cause of action for wrongful termination in violation of public policy). Plaintiff was empl...
2022.11.09 Demurrer 547
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.09
Excerpt: ...each of contract that was filed on April 25, 2022. Plaintiffs allege that Defendant Ohio Security Insurance Company has failed to pay all insurance proceeds owed on a claim pursuant to an insurance policy. Defendant Nahai Insurance Services Inc. demurs to the fourth cause of action for negligence for failure to state facts sufficient to constitute a cause of action. TENTATIVE RULING: Defendant's Demurrer to the Complaint is SUSTAINED with leave t...
2022.11.09 Demurrer 987
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.09
Excerpt: ...ban · 10/21/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff alleges that Defendants agreed to purchase Plaintiff's ownership interest in an LLC and failed to pay pursuant to the terms of the agreement as modified. Cross-Defendant Mikhail Cheban demurs to the Cross-Complaint. TENTATIVE RULING: Cross-Defendant's Demurrer to the Cross-Complaint is OVERRULED. DISC...
2022.11.08 Motion in Limine 225
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.08
Excerpt: ...arred under Evidence Code § 352, and that it constitutes improper character evidence excludable under Evidence Code § 1101. Defendant argues that evidence that Plaintiff filed a previous discrimination and retaliation case under the Fair Employment and Housing Act (“FEHA”) is relevant to her subjective good faith belief that her complaints about “operational disputes” were about race discrimination. To be specific, Defendant contends th...
2022.11.07 Motion to Deem Truth of Matters in RFAs as Admitted 702
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.07
Excerpt: ... for breach of contract that was file on December 29, 2020. Plaintiff alleges that Defendants failed to pay for fabric goods sold by Plaintiff and accepted by Defendants. Plaintiff moves for an order deeming the truth of matters stated in its Requests for Admissions propounded to Defendant Hun Young An as admitted. TENTATIVE RULING: Plaintiff's Motion for Order Deeming the Truth of Matters Stated in Their Requests for Admission as Admitted is GRA...
2022.11.07 Motion to Compel Further Responses 447
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.07
Excerpt: ... Plaintiff Stephen J. Walsh IV RESPONDING PARTY(S): (1) Defendant Bijan Davidson; (2) Defendant Babak Davidson CASE HISTORY: · 01/27/22: Complaint filed. · 05/05/22: Cross Complaint filed by Last Minute Ventures as to Stephen J. Walsh IV STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for contractual fraud. The parties entered into a joint venture whereby Defendants would provide the licenses and facilities necessary to operat...
2022.11.04 Motion to Bifurcate 609
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.04
Excerpt: ...es and attorney fees stricken from 1AC without prejudice per stipulation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendants were negligent in representing her in an underlying action for medical negligence based on a failed Lasik procedure. Plaintiff alleges that she was forced to settle for $103,000 despite actual damages between $400,000 and $700,000. Defendants Gansen Law Group, P.C. and Christopher J. Gansen mo...
2022.11.04 Motion for Summary Judgment, Adjudication 939
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.04
Excerpt: ...TS AND/OR PROCEEDINGS: This is an action, filed on December 8, 2020, for wrongful foreclosure, quiet title, infliction of emotional distress, and fraudulent concealment. Plaintiffs seek to unwind a foreclosure sale which they contend was unlawful and invalid. Defendant The Evergreen Advantage moves for summary judgment, or, in the alternative, summary adjudication on each cause of action asserted against it. TENTATIVE RULING: Defendant's Motion f...
2022.11.02 Motion to Amend Judgment 793
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.02
Excerpt: ...LC; EMS Corporation; Carepoint Managed Services, LLC; Four1, LLC. · 08/31/18: Default entered as to Matt Wiltsey as an individual and trustee and Taylor Wiltsey. · 05/13/20: Dismissal entered as to Does 1-50. · 05/19/20: Default judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs alleged that Plaintiff Frontline had obtained a judgment against Defendants and that Plaintiff Olmo was seeking damages against them, but Def...
2022.11.02 Demurrer 692
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.02
Excerpt: ...022. Plaintiff alleges that Defendants failed to perform according to the terms of a contract for services in connection with production of a film. Defendant WARF Productions, LLC demurs to the Complaint for misjoinder of parties, failure to state facts sufficient to constitute a cause of action, and uncertainty. TENTATIVE RULING: Defendant WARF Productions, LLC's demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant WARF Productions, LLC...
2022.11.01 Motion for Protective Order 200
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.01
Excerpt: ...ry, LLC; Gibran Begum. CASE HISTORY:  08/09/18: Complaint filed.  01/10/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants conspired to induce Plaintiff Yoav Botach to sell the Garfield Building at 403 W. 8th Street, Los Angeles, CA (hereafter “the subject property”) to sell the subject property to Kyriakos Kerry Bonnis for well below its listed price. Plaintiffs allege c...
2022.11.01 Motion for Adjudication 412
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.11.01
Excerpt: ...istan Mullis; John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for declaratory and injunctive relief, filed on February 10, 2021, against a liability insurer and the attorneys retained by the insurer to defendant Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs move for summary adjudication on the first cause of ...
2022.10.13 Motion for Sanctions 547
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.13
Excerpt: ...ND/OR PROCEEDINGS: This is an action for breach of contract filed on April 25, 2022. Plaintiffs allege that Defendant Ohio Security Insurance Company has failed to pay all insurance owed on a claim pursuant to an insurance policy. Defendant Nahai Insurance Services Inc. moves for sanctions under Code of Civil Procedure section 128.7. TENTATIVE RULING: Defendant's Motion for Sanctions is DENIED. DISCUSSION: Defendant Nahai Insurance Services Inc. ...
2022.10.13 Motion for Attorney Fees 526
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.13
Excerpt: ...a defective vehicle purchased in 2016. A notice of settlement was filed in June of 2022. 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 pursuant to a settlement. Entitlement to Fees Civil Code section 1794(d) states: If the buyer prevails in an action under this section, the buyer shall be allowed by the court t...
2022.10.13 Motion for Summary Judgment 559
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.13
Excerpt: ...ence action filed on August 19, 2020. Plaintiffs allege that Defendant, a licensed insurance broker-agent, was negligent in procuring and renewing Plaitniffs' homeowners' insurance policy. Defendant moves for summary judgment. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. DISCUSSION: Defendant moves for summary judgment on Plaintiffs' claim for professional negligence. Plaintiff's Evidentiary Objections Declaration of Micha...
2022.10.13 Petition for Writ of Mandate 687
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.13
Excerpt: ...R PROCEEDINGS: This is a Petition for Writ of Administrative Mandate. Petitioner California Department of State Hospitals (“DHS”) seeks a writ setting aside a decision by Respondent State Personnel Board (“Board”) reducing the discipline for DHS Police Officer Fabian Barraza to a 30-day suspension and ordering the Respondents to adopt the Administrative Law Judge's decision affirming Petitioner's dismissal of Officer Barraza for cause. TE...
2022.10.12 Motions to Compel Depositions 104
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.12
Excerpt: ...ATERIAL FACTS AND/OR PROCEEDINGS: This is an action for employment discrimination filed on November 3, 2020. Plaintiff alleges that Defendants engaged in retaliation and harassment against her on the basis of her use of medical leave and/or her perceived disability. Plaintiff moves to compel the depositions of Erin Jackson, Jacqueline Liberto, and Rebecca Norwood. TENTATIVE RULING: Plaintiff's Motions to Compel Depositions of Rebecca Norwood, Jac...
2022.10.12 Motion to Compel Arbitration and Stay Proceedings 555
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.12
Excerpt: ... PROCEEDINGS: This is an employment discrimination and wage and hour action filed on March 9, 2022. Plaintiff alleges that Defendants discriminated against him on the basis of his race, retaliated against him for complaining about his mistreatment, culminating in his wrongful termination, and failed to pay him all wages due and denied him meal and rest breaks as required by law. Defendants move to compel arbitration of Plaintiff's claims and to s...
2022.10.12 Demurrer, Motion to Strike 105
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.12
Excerpt: ...rrears that was filed on March 23, 2022. Defendant demurs to the Complaint and moves to strike portions of the allegations therein. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Request for Judicial Notice Defendant requests that the Court take judicial notice of Article 14.6 of the Los Angeles Municipal Code. Defendant's request is GRANTED pursuant to Evidence Code secti...
2022.10.10 OSC Re Contempt 943
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.10
Excerpt: ...0: Petition to Quash Service of Subpoena and Protective Order filed.  01/13/21: Petition to Quash Service of Subpoena and Protective Order Granted  03/19/21: Petition of Judgment Creditors for Order Directing Compliance with Deposition Subpoena and Subpoena for Production of Business Records filed.  04/19/21: Petition granted in part.  02/09/22: Second Petition of Judgment Creditors for Order Directing Compliance with Subpoena filed. ...
2022.10.10 Demurrer, Motion to Strike 001
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.10
Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for injunctive relief filed on April 27, 2022. Plaintiffs allege that Defendants failed to offer independent study in violation of sections 51745 and 51747 of the Education Code. Defendant demurs to the Complaint in its entirety and moves to strike portions of the Complaint. TENTATIVE RULING: Defendant Los Angeles Unified School District's Demurrer to the Complaint is SUSTAINED with lea...
2022.10.07 Motion to Set Aside Default, Judgment 210
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.07
Excerpt: ...on August 24, 2021. Plaintiff alleges that Defendant defaulted on two mortgages on a parcel of property, and, after foreclosure under the senior deed of trust, the deed of trust at issue became unsecured. Plaintiff therefore demands payment of the money owed under the promissory note. Defendant moves to set aside a default and default judgment entered against him. TENTATIVE RULING: Plaintiff's motion to set aside the default and default judgment ...
2022.10.07 Motion to Compel Further Responses 225
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.07
Excerpt: ...Plaintiff alleges that Defendants retaliated against her for reporting their discrimination and harassment of her based on race. She also alleges discrimination, harassment, Labor Code claims, and wrongful termination in violation of public policy. Plaintiff moves to compel further responses to Requests for Production (Set Five) propounded to Defendant Cast Parts, Inc., and for sanctions. TENTATIVE RULING: Plaintiff's Motion to Compel Further Res...
2022.10.03 Demurrer to FAC 644
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.10.03
Excerpt: ...� 02/24/22: First Amended Complaint Filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of an insurance contract filed on January 21, 2022, with a First Amended Complaint submitted on February 24, 2022. Plaintiff alleges that Defendants wrongfully declined to pay benefits under an insurance policy to which Plaintiff alleges he was entitled. Defendants Peterson International Underwriters and Disability Management Ser...
2022.09.30 Motion to Appoint Referee, Select Referee, Stay Action, for Attorney Fees 378
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.30
Excerpt: ...This is an action for breach of contract stemming from a commercial banking agreement filed on February 3, 2022. Defendant moves for an order appointing and selecting a judicial referee, staying the action, and for attorney's fees and costs. TENTATIVE RULING: Defendant's Motion for Judicial Reference is DENIED. Defendant's request for attorney's fees is DENIED. DISCUSSION: Defendant moves for an order appointing and selecting a judicial referee, ...
2022.09.29 Motion for Leave to File FAC 198
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.29
Excerpt: ...: This was a petition for writ of mandamus filed on December 20, 2020. Plaintiff alleges that Defendants engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicle was allegedly unlawfully towed. Plaintiff moves for leave to file a first amended complaint. TENTAT...
2022.09.28 Demurrer 841
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.28
Excerpt: ...bitability defects filed on July 6, 2021. Defendant filed a cross-complaint against third party Cross-Defendant Joan M. Pierce for equitable indemnity on October 18, 2021. Cross-Defendant Joan M. Pierce demurs to the Cross-Complaint in its entirety. TENTATIVE RULING: Cross-Defendant's Demurrer to the Cross-Complaint is OVERRULED. DISCUSSION: Cross-Defendant Joan M. Pierce demurs to the Cross-Complaint in its entirety for failure to state facts su...
2022.09.28 Motion in Limine to Exclude Testimony 139
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.28
Excerpt: ...of the parties at the time the contract was executed. (Wolf v. Walt Disney Pictures & Television (2008) 162 Cal.App.4th 1107, 1125-1126.) “Ordinarily, the objective intent of the contracting parties is a legal question determined solely by reference to the contract's terms.” (Ibid. [Citation omitted].) While the Court may not consider extrinsic evidence to contradict the clear and unambiguous terms of a written contract, such evidence is admi...
2022.09.28 Demurrer to FAC 056
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.28
Excerpt: ...t 82 W. Arbor Street, Long Beach, CA 90805. It was commence on December 21, 2021, with a First Amended Complaint filed on March 21, 2022. Defendant demurs to the First Amended Complaint in its entirety. TENTATIVE RULING: Defendant's Demurrer is SUSTAINED with leave to amend as to the first, third and ninth causes of action. Defendant's Demurrer is SUSTAINED without leave to amend as to the second, seventh, and eighth causes of action. Defendant m...
2022.09.28 Motion to Compel Further Responses, for Sanctions 334
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.28
Excerpt: ...t discrimination and wrongful termination action filed on July 26, 2021. Plaintiff alleges that Defendant wrongfully terminated Plaintiff on the basis of her age and in retaliation for reporting and opposing illegal activities allegedly conducted by her employer, the Central Basin Municipal Water District. Plaintiffs move to compel further responses to five Requests for Production, and for sanctions. TENTATIVE RULING: Plaintiff's motion to compel...
2022.09.27 Motion for Sanctions 559
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.27
Excerpt: ...DINGS: This is a professional negligence action filed on August 19, 2020. Plaintiffs allege that Defendant, a licensed insurance broker-agent, was negligent in procuring and renewing Plaitniffs' homeowners' insurance policy. Plaintiffs move for sanctions under Code of Civil Procedure section 128.7. TENTATIVE RULING: Plaintiffs' motion for sanctions under Code of Civil Procedure section 128.7 is DENIED. DISCUSSION: Plaintiffs seek monetary sanctio...
2022.09.21 Motion to Set Aside Default Judgment 584
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.21
Excerpt: ...August 12, 2020. Plaintiff alleges that Defendants executed a forged quitclaim deed to deprive her of a 50% interest in a piece of real property. Defendant Juan M. Cuarenta moves to set aside a default judgment entered on May 16, 2022. TENTATIVE RULING: Defendant's motion to set aside the default judgment is GRANTED. DISCUSSION: Defendant Juan M. Cuarenta moves to set aside a default judgment entered on May 16, 2022. Plaintiff's Requests for Judi...
2022.09.21 Motion to Compel Responses, for Sanctions 496
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.21
Excerpt: ...ARTY(S): (1)(2) No response on eCourt as of September 19, 2022 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was filed on November 17, 2021. Plaintiff alleges that Defendant has failed to pay insurance premiums in association with a set of worker's compensation insurance policies. Plaintiff moves to compel responses to requests for production and to special interrogatories, and for sanctions. TENTAT...
2022.09.20 Motion to Compel Further Responses, to Quash or Modify Deposition Subpoenas 225
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.20
Excerpt: ...n; (2) Defendants Cast Parts, Inc., Consolidated Precision Products Corp., and Freddy Jimenez STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the Complaint she filed on September 22, 2020, Plaintiff alleges that Defendants retaliated against her for reporting their discrimination and harassment of her based on race. She also alleges discrimination, harassment, Labor Code violations, and wrongful termination in violation of public policy. Plain...
2022.09.20 Motion for Summary Judgment, Adjudication 759
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.20
Excerpt: ...FACTS AND/OR PROCEEDINGS: Filed on April 28, 2020, this is an action for employment discrimination and retaliation on the basis of race, age, and gender. Defendant moves for summary judgment, or, in the alternative, summary adjudication as to all causes of action asserted against it. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. Defendant's alternative Motion for Summary Adjudication is DENIED. DISCUSSION: Defendant moves f...
2022.09.19 Motion for Final Approval of Class Action Settlement 472
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.19
Excerpt: ...led  03/02/20 Request for dismissal as to class action claims filed.  03/03/20 First Amended Complaint Filed  11/30/21 Second Amended Complaint Filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Tawajanae Stevenson filed a complaint on October 11, 2019 against Defendant Mother's Nutritional Center, Inc., alleging unfair competition, failure to pay overtime wages, failure to provide required rest periods, failure to provide a...
2022.09.15 Motion for Leave to File TAC 333
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.15
Excerpt: ... 06/22/21: First Amended Complaint filed.  03/22/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff moves for leave to file a Third Amended Complaint. TENTATIVE RULING: Plaintiff's motion for leave to file a third amended complaint is GRANTED. DISCUSSION: Motion for Leave to File Third Amended Complaint Plaintiff seeks leave to file a third amended complain...
2022.09.14 Motion for Judgment on the Pleadings 974
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.14
Excerpt: ...ded Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff's brother was killed by Sheriff's Deputies when they were allegedly responding to a domestic dispute call to his home. Plaintiff alleges causes of action for negligent infliction of emotional distress and a Ralph Act violation. Defendant moves for judgment on the pleadings as to both causes of action. TENTATIVE RULING: Defendant's motion for judgment on the pleadings i...
2022.09.12 Motion to Deem Truth of Matters in RFAs as Admitted 021
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.12
Excerpt: ...F MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Plaintiff moves for an order deeming the truth of matters stated in their Requests for Admissions as admitted. TENTATIVE RULING: Plaintiffs' Motion for Order Deeming the Truth of Matters Stated in Their R...
2022.09.09 Motion for Attorney Fees, to Tax Costs 350
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.09
Excerpt: ...S: This action for fraud, breach of fiduciary duty, negligent misrepresentation, and declaratory relief was filed on December 16, 2011. Judgment was entered on July 21, 2022 after a lengthy appeal process. Defendant moves for an award of attorney's fees in connection with successful defense of an appeal of an award of attorney's fees in connection with an anti-SLAPP motion. Both parties move to strike or tax the opposing party's memorandum of cos...
2022.09.09 Motion for Leave to File Late Government Claim 505
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.09
Excerpt: ... 04/27/22: First Amended Complaint filed.  07/06/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff sued the Housing Authority of the City of Los Angeles (HACLA), erroneously named as 2600 Wilshire Boulevard, alleging that HACLA improperly issued a voucher for a two-bedroom unit and subsequently downgraded her voucher. Plaintiff moves for leave to file a late government claim. TENTATIVE RULING: Plaint...
2022.09.09 Motion to Compel Further Responses, for Sanctions 158
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.09
Excerpt: ...n December 2, 2021. Plaintiffs allege that they submitted a pitch for a television show to Defendants with an implied contractual obligation to retain Plaintiffs as creators and producers, and Defendants subsequently created a television show using Plaintiffs' pitch without crediting them. Plaintiffs move to compel further responses to four Requests for Production. TENTATIVE RULING: Plaintiffs' motion to compel further responses is GRANTED IN PAR...
2022.09.08 Motion for Leave to Amend to Add Claim for Punitive Damages 904
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.08
Excerpt: ... M.D. and Huntington Reproductive Center Medical Group. CASE HISTORY:  01/15/20: Complaint filed.  03/16/20: First Amended Complaint filed.  06/29/20: CooperGenomics substituted in as Doe 1.  10/13/20: Second Amended Complaint filed.  12/01/20: Dismissal entered on First Amended Complaint as to CooperGenomics. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contractual fraud action. Plaintiffs allege that they contracted ...
2022.09.07 Motion for Leave to Amend to Add Claim for Punitive Damages 904
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.07
Excerpt: ... M.D. and Huntington Reproductive Center Medical Group. CASE HISTORY:  01/15/20: Complaint filed.  03/16/20: First Amended Complaint filed.  06/29/20: CooperGenomics substituted in as Doe 1.  10/13/20: Second Amended Complaint filed.  12/01/20: Dismissal entered on First Amended Complaint as to CooperGenomics. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contractual fraud action. Plaintiffs allege that they contracted ...
2022.09.06 Motion for Summary Judgment 443
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.06
Excerpt: ...bitration award confirmed. · 09/11/20: Notice of Appeal filed. · 04/28/22: Remittitur issued. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges wage and hour violations, as well as disability discrimination and harassment. Defendants move for summary judgment on Plaintiff's sole remaining cause of action under the Private Attorneys General Act of 2004. TENTATIVE RULING: Defendants' motion for summary judgment is GRANTED. DISCUSS...
2022.09.01 Motion to Quash or Modify Deposition Subpoenas 225
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.09.01
Excerpt: ...RIAL FACTS AND/OR PROCEEDINGS: In her September 22, 2020 Complaint, Plaintiff alleges that Defendants retaliated against her for reporting their discrimination and harassment of her based on race. She also alleges discrimination, harassment, Labor Code claims, and wrongful termination in violation of public policy. Plaintiff moves to quash a pair of identical deposition subpoenas to Providence St. Jude Medical Center on the grounds that they viol...
2022.08.30 Motion for Summary Judgment, Adjudication 423
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.30
Excerpt: ...R PROCEEDINGS: This is an action for fraud, negligence, elder abuse, and breach of contract. Iin his May 6, 2020 complaint, Plaintiff alleges that his brother and his sister-in-law have abused their powers and privileges as managers of an LLC of which Plaintiff is also a member to defraud Plaintiff and the LLC for personal gain. Defendants each move for summary judgment, or in the alternative, summary adjudication on each cause of action asserted...
2022.08.30 Motion for Judicial Reference Pursuant to Code of Civil Procedure Section 638 415
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.30
Excerpt: ...his is a breach of contract action filed on April 13, 2022. Plaintiff seeks to recover a principal of $749,499.42 for a loan on which Plaintiff alleges Defendants defaulted. Plaintiff moves for judicial reference pursuant to Code of Civil Procedure §638. TENTATIVE RULING: Plaintiff's motion for an order appointing the Hon. Victor B. Kenton (Ret.), whose business address is Judicate West, 11601 Wilshire Blvd., Suite 2040, Los Angeles, CA 90025-17...
2022.08.25 Motion to Compel Further Responses 412
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.25
Excerpt: ...it Kohn Ingrassia Lutz & Dolin, Tom Ingrassia, and Tristan Mullis; (3) Defendants John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for declaratory and injunctive relief against a liability insurer and the attorneys retained by the insurer to defendant Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs move to compe...
2022.08.25 Motion to Bifurcate Equitable Claims 306
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.25
Excerpt: ... Fourth through Eighth Causes of Action, during an initial bench trial and to reserve any remaining issues not resolved during the first phase for a subsequent jury trial. The Court noted that five of Plaintiff's declaratory relief claims appear to raise equitable issues that should be tried to the Court. The issues asserted in the five causes of action at issue are: (1) Whether CSSD failed to register its lien concerning 4033 Fairman Street and ...
2022.08.24 Pitchess Motion for Discovery of Peace Officer Records, to Seal Confidential Peace Officer Records 687
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.24
Excerpt: ...State Hospitals RESPONDING PARTY(S): No response on eCourt as of August 18, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a Petition for Writ of Administrative Mandate filed on March 3, 2021. Petitioner seeks a writ setting aside a decision by Respondent State Personnel Board and ordering the Respondents to adopt an Administrative Law Judge's decision affirming Petitioner's dismissal of a hospital police officer for cause. Petitio...
2022.08.24 Motion to Compel Responses, for Sanctions 851
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.24
Excerpt: ...mplaint filed.  08/12/20: Second Amended Complaint filed.  11/09/20: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract. Plaintiff moves to compel responses to form interrogatories from Defendant Newrez, LLC, formerly known as New Penn Financial, LLC, doing business as Shellpoint Mortgage Servicing. Plaintiff also requests sanctions from Defendant and its counsel...
2022.08.24 Demurrer 132
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.24
Excerpt: ...d Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and enforcement of governing documents for a homeowner's association under the Davis-Stirling Act. Plaintiff sued Formosa Gardens HOA (“Defendant HOA”) and Alexsei Durack and Kevin Ngoc Khuat (“Individual Defendants”) alleging breach of governing documents, multiple violations of the Davis-Stirling Act (Civ. Code § 5200 et seq.), fraud, theft i...
2022.08.23 Motion to Compel Arbitration 373
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.23
Excerpt: ...mon law action filed on August 24, 2021. Plaintiffs allege that, on April 11, 2017, Plaintiffs purchased a new 2017 Honda Pilot which developed serious defects, including transmission problems. Plaintiffs have sued American Honda Motor Co., Inc., the manufacturer of the vehicle, under the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Defendant American Honda Motor Co., Inc. moves to compel arbitration and stay the case pending t...
2022.08.22 Motion to Compel Production of Docs 842
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.22
Excerpt: ...man STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental lease agreement. Plaintiffs alleges physical, emotional, and mental injuries arising from numerous and serious habitability defects in the property rented by Plaintiffs from Defendants. Defendants move to compel production of records from Dr. Lawrence S. Cohen in compliance with a third-party deposition subpoena. TENTATIVE RULING: Defendants' Motion to Co...
2022.08.19 Motion to Set Aside or Vacate Default 372
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.19
Excerpt: ...nt to care for and race horses, and alleges that Defendant failed to do so properly. Defendant moves to set aside the default entered against him on May 18, 2022. TENTATIVE RULING: Defendant's Motion to Set Aside the default is GRANTED on the condition that Defendant serve and file the answer by August 26, 2022. Plaintiff's request for sanctions is DENIED. DISCUSSION: Defendant moves under Code of Civil Procedure section 473 to set aside a defaul...
2022.08.18 Petition to Perpetuate Testimony and Evidence Before Commencement of Action 439
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.18
Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This is a petition, filed on June 28, 2022, to perpetuate testimony and evidence before commencement of litigation. Petitioner is the owner of a vehicle that was involved in a traffic accident and seeks to conduct discovery relating to one of the vehicles involved. TENTATIVE RULING: The Petition for Pre-Commencement Discovery is GRANTED. Petitioner Pablo M. Velez is authorized to take the following discovery: Non-des...
2022.08.18 Motion to Bifurcate Equitable Claims 306
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.18
Excerpt: ... Fourth through Eighth Causes of Action, during an initial bench trial and to reserve any remaining issues not resolved during the first phase for a subsequent jury trial. The Court noted that five of Plaintiff's declaratory relief claims appear to raise equitable issues that should be tried to the Court. The issues asserted in the five causes of action at issue are: (1) Whether CSSD failed to register its lien concerning 4033 Fairman Street and ...
2022.08.17 Demurrer to FAC 811
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.17
Excerpt: ...rst Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action filed on January 4, 2022. In his First Amended Complaint, filed on March 14, 2022, Plaintiff alleges that he was subjected to extensive racial discrimination while employed by Defendants and was subsequently terminated in retaliation for reporting racial discrimination by the individual defendants. Defendants demur to the first...
2022.08.17 Demurrer 143
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.17
Excerpt: ...n September 8, 2021. Plaintiff alleges that he has been subjected to extensive discrimination, harassment, and retaliation based on his national origin. Defendant Steve Lam demurs to the first cause of action for harassment. TENTATIVE RULING: Defendant's demurrer is SUSTAINED with leave to amend. Plaintiff shall have 30 days leave to file a First Amended Complaint from the date of this order. DISCUSSION: Defendant Steve Lam demurs to the first ca...
2022.08.15 Motion to Compel Responses, for Sanctions 512
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.15
Excerpt: ...Defendant Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. RESPONDING PARTY(S): Plaintiff Frontline Medical Associates, Inc. CASE HISTORY:  07/30/19: Complaint filed.  12/16/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that the lawyer Defendants made misrepresentations to induce Plaintiff to pay them $600,000 to provide services to another of their clients, Paul T...
2022.08.11 Motion to Reduce or Eliminate Mechanic's Lien 799
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.11
Excerpt: ... claims for breach of contract, foreclosure of a mechanic's lien, and for common counts. Plaintiff alleges that Defendants breached a contract for rental of construction equipment by allowing the equipment rented to be stolen and refusing to reimburse Plaintiff for the lost equipment. Defendant Joshua Road, LLC moves to eliminate the mechanic's lien on the property owned by Defendant or to reduce the lien from $80,000 to $1,500. TENTATIVE RULING:...
2022.08.10 Unresolved Motions in Limine 343
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.10
Excerpt: ...of a felony. (Evidence Code § 788.) This may be done by examination of the witness or by offering the record of the criminal judgment. (Id.) There are exceptions to this rule, but Defendants have not relied on any statutory exceptions in their motion or demonstrated that any such exceptions may apply. “'Misdemeanor convictions ... are not admissible for impeachment, although evidence of the underlying conduct may be admissible subject to the c...
2022.08.09 Motion to Deem RFAs Admitted, for Sanctions 293
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.09
Excerpt: ...property filed on March 4, 2020. Plaintiff and Defendant Richard Castro are co-owners of a piece of real property as tenants in common. Plaintiff seeks the sale of the property and an accounting of all sums for upkeep, maintenance, mortgage, tax, and insurance payments on the property. Plaintiff moves to deem requests for admissions from Defendant Nicole Nunez-Castro admitted and requests sanctions. TENTATIVE RULING: Plaintiff's Motion to Deem Re...
2022.08.08 Motion to Compel Arbitration 818
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.08
Excerpt: ... 11/29/21: Cross-Complaint filed by Antelope Valley Residential Development, LLC and Steven Goldstein as to Forward Calabasas, Inc. and Jordan Davies · 12/16/21: Cross-Complaint filed by Forward Calabasas, Inc. and Jordan Davies as to Antelope Valley Residential Development, LLC and Steven Goldstein STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud based on the sale of real property. Plaintiffs contends that Defendants ...
2022.08.02 Motion for Leave to Amend Complaint 111
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.08.02
Excerpt: ...Association, Inc. as to Aloha Roofing, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for negligence and breach of contract. Plaintiff alleges that Defendants were negligent and breached their contractual obligations by persistently failing to fix a roof leak in Plaintiff's condominium. Plaintiff moves for leave to file an amended complaint. TENTATIVE RULING: Plaintiff's motion for leave to amend is GRANTED. Plaintiff is d...
2022.07.29 Motion for Entry of Satisfaction of Judgment, to Quash Writ of Execution and Sheriff's Levy, for Attorney Fees 174
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.29
Excerpt: ...ment Creditor Ex Parte Collection Services, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was an action for violation of the Americans with Disabilities Act, filed on October 13, 2009. On March 2, 2011, an amended final judgment was entered for the Plaintiff. Judgment debtor and Defendant Martin Lee Properties, Inc. moves for entry of satisfaction of the judgment and to quash the writ of execution and Sheriff's levy, and for attorney'...
2022.07.29 Demurrer, Motion to Strike, to Quash Service of Summons 484
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.29
Excerpt: ...s- Defendant Brookshire Diller Family, LLC RESPONDING PARTY(S): (1) (2) (3) Defendants and Cross-Complainants Barry Weiss and Edmundo Rosenberg CASE HISTORY: · 01/29/18: Complaint filed · 05/19/18: First Amended Complaint filed · 01/29/19: Second Amended Complaint filed. · 07/30/21: Third Amended Complaint filed. · 12/07/21: Cross Complaint filed by Edmundo Rosenberg and Barry Weiss as to Dorothy Diller, Arthur Diller, and Brookshire Diller ...
2022.07.27 Motion for Judgment on the Pleadings 020
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.27
Excerpt: ...n October 26, 2020. In her First Amended Complaint, filed on April 1, 2021, Plaintiff alleges disability-based discrimination; medical-condition- based discrimination; harassment; failure to prevent discrimination; failure to engage in the interactive process; failure to provide reasonable accommodations; wrongful termination; intentional infliction of emotional distress; unfair business competition; and failure to timely furnish payroll records....
2022.07.27 Demurrer, Motion to Strike 184
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.27
Excerpt: ...R PROCEEDINGS: This is an action for fraud, breach of contract, and professional negligence filed on November 1, 2021. Plaintiff alleges that the parties contracted to participate in the Immigration Investor Visa Program so that Plaintiff could invest in a piece of property, and conspired to forge Plaintiff's signature on immigration documents for the purpose of diverting Plaintiff's invested funds to a different property. Defendants Daquin Zhang...
2022.07.26 Motion to Preclude Remote Trial Testimony 512
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.26
Excerpt: ...PARTY(S): Plaintiff Frontline Medical Associates, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the First Amended Complaint, filed on December 16, 2021, Plaintiff alleges that the lawyer Defendants made misrepresentations to induce Plaintiff to pay them $600,000 to provide services to another of their clients, Paul Turley. Defendant Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow P.C. moves to preclude the remote trial ...
2022.07.25 Motion to Compel Further Responses, for Sanctions 225
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.25
Excerpt: ...SOLIDATED PRECISION PRODUCTS CORP.; REQUEST FOR SANCTIONS (3) MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN ACCORDANCE WITH STATEMENT OF COMPLIANCE; REQUEST FOR SANCTIONS MOVING PARTY: (1) (2) (3) Plaintiff Jessica Magee RESPONDING PARTY(S): (1) Defendant Cast Parts, Inc.; (2) Defendant Consolidated Precision Products, Inc.; (3) Defendant Robert Benson STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In their Complaint filed on September 22, 2020, P...
2022.07.22 Motion to Compel Response to Judgment Debtor, for Sanctions 944
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.22
Excerpt: ...S AND/OR PROCEEDINGS: This is an action professional negligence for the malpractice of Defendants in representing Plaintiff in an action against her landlord. Judgment was entered for Plaintiff against Defendants for professional negligence and breach of fiduciary duty on October 6, 2021. Defendants appealed the Court's judgment on November 24, 2021. Plaintiff moves to compel responses to judgment debtor interrogatories from Defendant Michael Akh...
2022.07.19 Motion to Expunge Lis Pendens 728
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.19
Excerpt: .../19: Amended notice of lis pendens filed.  04/16/19: GNP Enterprise, LLC substituted in as Doe 1; Gabriel Perez substituted in as Doe 2 in a caption purporting to identify Doe 1 only.  04/18/19: Finance of America Commercial, LLC purportedly substituted in as Doe 1 in a document with a caption purporting to identify Doe 2.  04/23/19: Errata filed indicating that Finance of America Commercial, LLC is substituted in as Doe 3.  05/03/19:...
2022.07.19 Motion for Summary Judgment, Adjudication 020
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.19
Excerpt: ...OCEEDINGS: This is an employment discrimination action filed on October 26, 2020. In his First Amended Complaint, filed on April 1, 2021, Plaintiff alleges disability-based discrimination; medical-condition- based discrimination; harassment; failure to prevent discrimination; failure to engage in the interactive process; failure to provide reasonable accommodations; wrongful termination; intentional infliction of emotional distress; unfair busine...
2022.07.15 Motion to Compel Binding Arbitration 621
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.15
Excerpt: ...mber 22, 2021. Plaintiffs allege that they leased a new 2019 Honda pilot that developed serious defects, including engine and transmission problems. Defendant moves to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant American Honda Motor Co.'s motion to compel binding arbitration is GRANTED, along with its request to stay the case pending arbitration. DISCUSSION: Motion To Compel Arbitrat...
2022.07.14 Motion for Summary Judgment, Adjudication 656
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.14
Excerpt: ...No. 4, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendant loaned them money on usurious terms. Plaintiffs seek the return of $6,474,186.96 that they paid to Defendant, plus interest. Defendant moves for summary judgment, or, in the alternative, for summary adjudication on all causes of action in the Second Amended Complaint, filed on May 27, 2021. TENTATIVE RULING: Defendant's motion for summary judgment is DENI...
2022.07.14 Motion for Attorney Fees 557
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.14
Excerpt: ...ased in 2017. Plaintiff prevailed on a motion to enforce settlement on February 15, 2022, and judgment was entered for Plaintiff and against Defendant on March 2, 2022. Plaintiff moves for attorney's fees and costs. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees and Costs is GRANTED in the amount of $39,415.75 in attorney's fees after applying a 1.1 multiplier, plus $1,114.15 in costs. DISCUSSION: Requests for Judicial Notice Plaintiff ...
2022.07.13 Motion for Leave to File Complaint 919
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.13
Excerpt: ...is an action for elder abuse, fraud, and breach of fiduciary duty that was filed on April 9, 2020. Plaintiffs contend that Defendants took advantage of Plaintiff Gerald Solomon's advanced age and deteriorating mental state to defraud him of property belonging to him or to the corporation of which he was owner and majority shareholder and then failing to meet the legal and financial obligations of the corporation as an officer of that corporation....
2022.07.12 Motion to Strike 950
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.12
Excerpt: ...S: This is an action for breach of contract and fraud filed on March 22, 2022. Plaintiff alleges that Defendants failed to obtain necessary building permits before conducting renovations on Plaintiff's house and failed to effectuate proper repairs on the property. Defendant filed a Cross-Complaint on April 28, 2022. Plaintiff/Cross-Defendant moves to strike portions of the Cross-Complaint. TENTATIVE RULING: Cross-Defendant's motion to strike port...
2022.07.11 Motion to Strike Expert Witness 996
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.11
Excerpt: ...contract and contractual fraud arising from the purchase of commercial property located at 608 and 611 S. Hobart Blvd, Los Angeles, CA. Plaintiff alleges that Defendants breached the terms of the real estate sales agreement and fraudulently induced Plaintiff to purchase the property by misrepresenting the terms of a lease agreement with a tenant on the property. Defendants Byung No Ree and Jung Hwa Ree move to strike Plaintiff's Phase II Expert W...
2022.07.11 Motion to Compel Arbitration and Stay Action 014
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.11
Excerpt: .../OR PROCEEDINGS: This is an elder abuse case that was filed on January 10, 2022. Plaintiff, who has impaired mobility and is a resident at a skilled nursing facility operated by Defendants, alleges that Defendants failed to properly monitor his condition, causing him to develop pressure sores that resulted in serious injury. Defendants move to compel arbitration and stay this action. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is G...
2022.07.07 Motion to Bifurcate 756
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.07
Excerpt: ...nded Complaint filed.  12/16/21: Dismissal entered as to Rachel Yoonsun Lee; Detail Escrow, Inc.  12/16/21: Third Amended Complaint filed  02/01/22: Dismissal entered with prejudice as to DG Golden Key, Inc. and Jeeyon Gwon. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was originally a quiet title action, filed on February 5, 2021. Plaintiff alleges that Defendant Jae Woo Lee (Plaintiff's younger brother) fraudulently induced Pla...
2022.07.06 Motion to Stay Proceedings Pending Anti-SLAPP Appeal 763
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.06
Excerpt: ...tiff rented an apartment in Defendants' building. She alleges that the building's security guard physically attacked her, which caused her to suffer from PTSD, and that Defendants refused to rent her a parking space to accommodate her disability (the PTSD). In a cross-complaint, Defendant 901 South Broadway alleges that Plaintiff breached the written lease agreement and that Defendant Royal Security was negligent in performing its duties. Defenda...
2022.07.05 Motion to Tax Costs or Strike Memorandum of Costs 045
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.05
Excerpt: ...r husband German Valera alleged that Defendants Howard, Lewenfus and Garrard conspired to deprive Plaintiffs of their property by selling it at public auction to Lewenfus for $10,000. Judgment was entered for Defendant Lewenfus against Plaintiffs. Plaintiffs move to tax Defendant Lewenfus's memorandum of costs, or, in the alternative, strike the memorandum. TENTATIVE RULING: Plaintiffs' motion to strike and/or tax costs is DENIED. DISCUSSION: Pla...
2022.07.05 Motion to Seal Records 646
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.05
Excerpt: ...facturer of Plaintiff's car, for various violations of the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq., and for fraud by omission. On April 8, 2022, Kia brought a motion for summary judgment or, in the alternative, for summary adjudication. In opposition, Plaintiff submitted various documents, produced in discovery by Kia under a protective order, to show Kia's long-time knowledge of Theta II engine defects and Kia's active co...
2022.07.05 Motion to be Relieved as Counsel 501
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.05
Excerpt: ...2022. PROOF OF SERVICE:  Correct Address: Yes.  16/21 (CCP § 1005(b)): OK. Served by mail on June 3, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action filed on May 20, 2019. Plaintiff claims that Defendants failed to repay loans extended to them by Plaintiff pursuant to the terms of the loan agreement. Attorneys Farhad Novian and Jared Xu of Novian & Novian LLP, Counsel for Defendants, move to be rel...
2022.07.01 Motion for Relief from Waiver, to Deem Truth of Matters in RFAs, to Compel Further Responses 021
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.07.01
Excerpt: ...wagen Group of America, Inc.; (2) (3) Plaintiffs Jacob Aaron Morayniss and John David Morayniss RESPONDING PARTY(S): (1) Plaintiffs Jacob Aaron Morayniss and John David Morayniss; (2) (3) Defendant Volkswagen Group of America, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed in January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including...
2022.06.30 Motion to Set Aside Order Deeming Case Complete 255
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.06.30
Excerpt: ...eles; Cindy Kim, Deputy Clerk of the Superior Court of California, County of Los Angeles; and Marlene Burris and Debra Rivera, Certified Shorthand Reporters of the Superior Court of California, County of Los Angeles STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a personal injury action. Defendants Buchalter, P.C, Erik Kennedy, and Ashley Milnes removed the action to the United States District Court, Central District of California on No...
2022.06.24 Special Motion to Strike 806
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2022.06.24
Excerpt: ... MATERIAL FACTS AND/OR PROCEEDINGS: This is a landlord-tenant dispute commenced on January 31, 2022. The operative complaint is the First Amended Complaint filed on April 19, 2022. In it, Plaintiffs allege that Defendants have engaged in an ongoing campaign of harassment against them. Plaintiffs allege nine causes of action: (1) trespass, (2) harassment in violation of Civil Code section 1940.2; (3) violation of Tenant Anti- Harassment Ordinance ...

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