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2021.08.03 Motion for Terminating Sanctions, for Contempt 374
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.08.03
Excerpt: ...atement filed the same day that this motion was filed and served (12/10/2020), Plaintiffs indicated that they would be represented by counsel; the counsel listed has not, however, made any appearance in this case on their behalf. An attorney did substitute into the case on Plaintiffs' behalf on February 3, 2021, but at the time this motion was served, they were properly served in pro per.) • 16/21 (CCP § 1005(b)): OK. Served by mail on Decembe...
2021.08.02 Petition to Compel Arbitration and to Appoint Arbitrator 656
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.08.02
Excerpt: ...ect Address: Unknown. Respondent has not yet appeared in the action. However, Respondent was personally served. • 16/21 (CCP § 1005(b)): OK. Served by personal service on June 28, 2021. CASE HISTORY: • 05/21/21: Petition filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contractual dispute. Petitioner is seeking payment of its legal fees for legal services provided to Respondent. Petitioner petitions to compel arbitration and ...
2021.07.30 Motion to Bifurcatre Trial of Limitations Defense from Trial of Liability and Damages 996
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.30
Excerpt: ...ocedure Motion to Bifurcate Trial on Limitations Defense from Trial on Liability and Damages Regardless of whether the limitations phase of the trial is tried to the jury or the Court, the first phase will be presented to the trier of fact and decided before the second phase of the trial commences, even if this means that Plaintiff and other witnesses will have to be called twice to give evidence in both phases of the trial. This result is mandat...
2021.07.29 Motion for Summary Judgment, Adjudication 189
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.29
Excerpt: ... HISTORY: • 04/10/20: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law case. Plaintiff alleges that there were serious defects in the used 2008 Ford Super Duty F-250 he purchased in October 2009 (erroneously stated as October 2019 in Paragraph 9 of the complaint), including a defective engine and transmission. Defendants Ford Motor Company and David Wilson's Ford of Orange move for summary judgment or summary...
2021.07.27 Motion for Summary Judgment, Adjudication 446
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.27
Excerpt: ...an individual. CASE HISTORY: • 10/26/18: Complaint filed. • 04/23/19: Cross-Complaint filed. • 07/16/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff tenant alleges that Defendant landlord engaged in numerous acts of threatening Plaintiff and retaliating against Plaintiff, culminating in wrongful eviction, for making complaints to the Los Angeles Department of Building and Safety about the illegal...
2021.07.21 Demurrer, Motion to Strike, to Expunge Lis Pendens 756
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.21
Excerpt: ...3) Defendant Detail Escrow, Inc.; (4) Defendants Jae Woo Lee and Rachel Yoonsun Lee; (5) Defendant DG Golden Key, Inc. RESPONDING PARTY(S): (1)-(3) Plaintiff Hosun Lee; (4) No opposition on eCourt as of July 20, 2021; (5) Plaintiff Hosun Lee. CASE HISTORY:  02/05/21: Complaint filed.  04/08/21: Dismissal entered as to First American Title.  04/14/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a...
2021.07.20 Motion for Summary Judgment, Adjudication 728
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.20
Excerpt: ...rt as of July 19, 2021. PROOF OF SERVICE: • Correct Address: Yes. The email address for Plaintiff's counsel does not match the email address in the Court's records ([email protected]), but the service by email was untimely anyway. The street address is correct. • 75/77/80 (CCP § 437c): OK (by personal service; untimely by email). Served by personal service and email on May 5, 2021 (76 days). CASE HISTORY: • 04/12/19: Complaint filed. • ...
2021.07.19 Motion to Permit Discovery of Financial Condition 767
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.19
Excerpt: ... 12/04/13: Cross-Complaint filed.  12/29/14: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that he owns 20% of Trinity but Defendants only acknowledge that he owns 10%. He alleges that Defendants breached their fiduciary obligations to him as a minority shareholder, including by depriving him of his fair share of Trinity's profits. He also seeks judicial dissolution of Trinity, with a...
2021.07.19 Motion to Compel Compliance with Deposition Subpoena 846
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.19
Excerpt: ...., Inc. and Marcelle Ezerzer RESPONDING PARTY(S): No opposition on eCourt as of July 15, 2021. PROOF OF SERVICE:  On Parties: Correct Address: Yes; 16/21 (CCP § 1005(b)): OK. Served by mail on June 3, 2021.  On Non-party Ebi Nikjoo, DDS – by personal service on 6/8/21 CASE HISTORY:  05/02/17: Complaint filed.  04/23/19: La Cienega Center, LLC named as Doe 1.  04/23/19: Michael Shabtai named as Doe 2.  04/23/19: 7180 Sunset Bl...
2021.07.16 Motion in Limine 469
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.16
Excerpt: ...rest, Juliana Garcia, and Juliana Garcia, an individual RESPONDING PARTY(S): Defendants Southland Management LLC dba Southland Living and The Ensign Group, Inc., sued as The Flagstone Group, Inc. TENTATIVE RULING: MIL No. 8 is GRANTED as to any reference, evidence, or testimony regarding (1) the relationship between the non-plaintiff siblings and (2) the non-plaintiff siblings and Plaintiff Juliana Garcia. MIL No. 8 is DENIED to the extent that i...
2021.07.13 Motion for Leave to Amend Answer to Enter Plea in Abatement 815
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.13
Excerpt: ...ff Couture Textile, Inc. CASE HISTORY: • 11/29/17: Complaint filed. • 03/23/18: Cross-Complaint filed. • 11/29/18: Bank of Hope substituted in as Roe 1. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant Samuel Shams breached his fiduciary duty to Plaintiff as a shareholder/director/officer and misappropriated its trade secrets to compete with Plaintiff through entities he controlled, including Defendants Major...
2021.07.12 Motion to Compel Further Responses 292
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.12
Excerpt: ... • 04/17/20: Cross-Complaint filed. • 08/13/20: First Amended Cross-Complaint filed. • 08/17/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiff alleges that Defendants have not paid for goods (PVC flooring, vinyl flooring, and other materials) that Plaintiff purchased on their behalf and that Defendants have also not paid for the related shipping charges and ware...
2021.07.12 Demurrer, Motion to Strike 837
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.12
Excerpt: ...TORY: • 12/15/20: Complaint filed. • 04/13/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action. Plaintiffs allege that there were defects in the 2018 Honda Pilot that they purchased, including defects in the “infotainment” system, hood vibration, clicking noises upon backing up or stopping, harsh shifting, and others. Defendant demurs to the sixth cause of action for fraudulent ind...
2021.07.09 Motion for Determination of Good Faith Settlement 790
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.09
Excerpt: ... No proof of service is attached to any of the moving documents. • 16/21 (CCP § 1005(b)): (1) OK. Served electronically on June 14, 2021. (2) Unknown. No proof of service is attached to any of the moving documents. CASE HISTORY: • 11/02/17: Complaint filed. • 12/01/17: First Amended Complaint filed. • 12/04/17: Cross-Complaint filed by Jon Betuel. • 01/11/18: Cross-Complaint filed by John Peri and Montan Peri • 01/11/18: Cross-Compla...
2021.07.09 Motion to Compel Further Responses 707
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.09
Excerpt: ...Winger, CPA RESPONDING PARTY(S): (1)-(2) Plaintiffs Adam Ashby and Kern Ashby (joint opposition) CASE HISTORY: • 02/27/19: Complaint filed. • 12/05/19: First Amended Complaint filed. • 04/01/20: Second Amended Complaint filed. • 10/20/20: Dismissal entered as to Demetriou & Associates and Michael Montano STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs engaged Defendants to assist and represent them in connection with an IRS aud...
2021.07.09 Motion for Summary Judgment, Adjudication 796
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.09
Excerpt: ...ROCEEDINGS: Plaintiff alleges that it hired Defendant Neau and that Neau breached that contract and his fiduciary duty to Plaintiff by using Plaintiff's proprietary information for his own benefit and for the benefit of Defendant TCT, a competitor of Plaintiff that hired Neau. Plaintiff also alleges that TCT aided and abetted Neau's breach of fiduciary duty and interfered with the employment agreement. Defendants move for summary judgment or adju...
2021.07.08 Motion for Summary Judgment, Adjudication 178
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.08
Excerpt: ...f Ely Malkin CASE HISTORY: • 02/27/20: Complaint filed. • 04/06/20: Cross-Complaint filed. • 06/04/20: Cross-Complaint dismissed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiff alleges that Defendant Gehl agreed to give him a right of first refusal to purchase certain properties but breached the agreement by transferring the properties to the other Defendants. Defendants move for summary judgm...
2021.07.07 Motion to Compel Arbitration 470
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.07.07
Excerpt: ...s wife entered into a home improvement contract with Plaintiff, and Plaintiff alleges that Defendants breached the contract by trying to enforce its arbitration clause. Plaintiff also alleges that any damages Defendant Forehand suffered were due to other Defendants' actions (referred to erroneously as “Cross- Defendants” in that part of the complaint). Plaintiff also seeks a declaration that the arbitration provision is unenforceable. Defenda...
2021.06.24 Motion for Summary Judgment, Adjudication 771
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.24
Excerpt: ...lewood Public Library substituted in as Doe 2. • 02/11/19: First Amended Complaint filed. • 02/15/19: First Amended Complaint filed again. • 05/08/19: Peter Nguyen substituted in as Peter Doe 1. • 05/17/19: Ameripro International Inc. substituted for Alltech Protective Services. • 12/17/19: Alltech Industries Inc. substituted for Alltech Protective Services. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that he suffe...
2021.06.23 Demurrer, Motion to Strike 080
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.23
Excerpt: ...y; (2)-(3) Defendant David Lacey RESPONDING PARTY(S): (1)-(3) Plaintiffs Melina Abdullah, Dahlia Ferlito, and Justin Marks. CASE HISTORY: • 10/19/20: Complaint filed. • 11/05/20: First Amended Complaint filed. • 02/05/21: Second Amended Complaint filed. • 04/12/21: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that they were peacefully protesting outside of Defendants' home when Defendant...
2021.06.22 Motion to Compel Responses 097
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.22
Excerpt: ...S FOR SANCTIONS OF $1,160 MOVING PARTY: (1) Cross-Complainant Brookfield Properties Management (CA) Inc.; (2) Cross- Complainant 333 South Hope Co. LLC RESPONDING PARTY(S): (1)-(2) Cross-Defendant Kaiser Foundation Health Plan, Inc. (combined opposition) CASE HISTORY: • 09/22/17: Complaint filed. • 10/26/17: Amendment of Kaiser Foundation to Kaiser Foundation Hospitals. • 11/15/17: Amendment of Bank of America to Bank of America Corporation...
2021.06.22 Demurrer 442
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.22
Excerpt: ...DINGS: Plaintiffs allege elder abuse, violation of residents' rights, and related claims arising out of decedent Lawrence Lawson's stay at Bakersfield Healthcare & Wellness Centre, LLC dba The Rehabilitation Center of Bakersfield following a head injury. Plaintiff demurs to the amended answer of Defendant Rockport Administrative Services, LLC. TENTATIVE RULING: Plaintiff's demurrer to Defendant Rockport Administrative Services, LLC's amended answ...
2021.06.21 Motion to Vacate Judgment 360
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.21
Excerpt: ...try of Judgment on Sister-State Judgment filed. • 10/07/19: Notice of Entry of Judgment on Sister-State Judgment filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff obtained a judgment against Defendant in the Circuit Court of the Twentieth Judicial Circuit in Charlotte County, Florida. Plaintiff filed an application for entry of judgment on that sister- state judgment in this Court. Defendant moves to vacate the judgment. TENTATIV...
2021.06.18 Motion to Compel Further Responses, Production of Docs, for Monetary Sanctions 478
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.18
Excerpt: ...ant City of Los Angeles CASE HISTORY: • 08/27/19: Complaint filed. • 01/05/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was one of two police officers assigned to run a youth program for 13- to 21-year-old individuals. She alleges that she was harassed and discriminated against by the male police captain in charge of the geographic area where she worked and by other male police officers, who per...
2021.06.18 Motion for Reconsideration 374
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.18
Excerpt: ...0: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs are tenants who allege that their landlord breached the warranty of habitability and the covenant of quiet enjoyment, among other claims. The complaint was stricken on April 13, 2021, when Defendant's motion for terminating sanctions was granted. Plaintiffs move for reconsideration of the April 13 order (although they really are seeking relief from that order under CCP...
2021.06.16 Motion to Require Undertaking, to Cease all Judgment Collection Activity 395
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.16
Excerpt: ...tors Bruce E. Fishman, M.D., an individual, Bruce E. Fishman, M.D., FISC, Inc. and Family Urgent Care & Industrial Medical Clinic, Inc., a California medical professional corporation; (2) Additional Judgment Debtors Patrick Nazemi and GLC Operations, Inc. RESPONDING PARTY(S): (1) Additional Judgment Debtors Patrick Nazemi and GLC Operations, Inc.; (2) Judgment Creditor Dr. Fishman CASE HISTORY: • 01/27/17: Complaint filed under seal. • 11/06/...
2021.06.15 Demurrer 446
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.15
Excerpt: ...urrer was filed. CASE HISTORY: • 10/26/18: Complaint filed. • 04/23/19: Cross-Complaint filed. • 07/16/20: First Amended Complaint filed. • 03/03/21: Second Amended Complaint (2AC) filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff tenant alleges that Defendant landlord engaged in numerous acts of threatening Plaintiff and retaliating against Plaintiff, culminating in wrongful eviction, for making complaints to the Los Angel...
2021.06.14 Petitions to Compel Arbitration and Stay Proceedings 359
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.14
Excerpt: ... L. Bell, Jr. (one combined opposition) CASE HISTORY: • 03/27/20: Complaint filed. • 07/02/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for financial elder abuse. Plaintiff alleges that Defendants Hughes and Wells Fargo deliberately or recklessly invested his funds in unsuitable high-risk vehicles and concealed their wrongdoing. He also alleges that Defendants Matousov and Wells Fargo Cl...
2021.06.14 Motion to Compel Arbitration and Stay Proceedings 732
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.14
Excerpt: ...OCEEDINGS: This is a wrongful termination action. Plaintiff alleges that she was injured at work and returned to work with work restrictions, but Defendants did not provide any reasonable accommodations and retaliated against her for taking her leave of absence. Plaintiff also alleges that she was threatened by clients on more than one occasion and Defendants did not take any action. She was placed on medical leave again in February 2019 and felt...
2021.06.14 Motion to Compel Acknowledgment of Satisfaction of Judgment 986
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.14
Excerpt: ...plaint filed. • 05/16/17: Cross-Complaint filed by Stonehaven, LLC. • 06/12/17: First Amended Verified Complaint filed. • 07/21/17: Judgment of dismissal entered as to Defendant Shaoul Levy. • 09/26/17: Dismissal entered as to Complaint. • 11/02/18: Judgment entered after Court trial on Cross-Complaint. • 12/26/18: Appeal filed by Arthur Aslanian. • 06/15/20: Case reassigned to D47. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Pl...
2021.06.11 Motion for Judgment on the Pleadings 585
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.11
Excerpt: ...-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a landlord-tenant dispute. Plaintiff alleges that he had an oral lease with Defendants that they breached by failing to provide a habitable dwelling. He also alleges that Defendants intentionally caused him emotional distress by failing to serve him with their UD complaint, taking a default against him, and then having him arrested and disposing of his belongings even thoug...
2021.06.10 Demurrer, Motion to Strike 946
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.10
Excerpt: ...This is a lemon law case filed on January 15, 2021. Plaintiffs allege that the 2013 Kia Optima they purchased in 2013 had defects related to the powertrain system, including a defective engine and a defective transmission. Defendant demurs to the complaint and moves to strike portions of the complaint. TENTATIVE RULING: Defendant's demurrer is SUSTAINED with leave to amend as to the third cause of action (Violation of Civil Code § 1793.2(a)(3)) ...
2021.06.09 Motion to Consolidate Cases 172
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.09
Excerpt: ... CASE HISTORY (Katz, BC706172): • 05/15/18: Complaint filed. • 06/11/18: Cross-Complaint filed by Ronald A. Stein Accountancy Corporation. • 04/04/19: Cross-Complaint filed by Katz Cassidy Accountancy Corporation. CASE HISTORY (De Leon, BC689379): • 01/01/18: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In Katz, Plaintiff alleges that Defendant accountants billed Plaintiff for accounting services but failed to advise P...
2021.06.08 Petition to Confirm Arbitration Award 949
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.08
Excerpt: ... of June 4, 2021 PROOF OF SERVICE: • Correct Address: (1)-(2) Unknown. Respondents have not appeared in the action, and neither was served. • 16/21 (CCP § 1005(b)): (1) No. It has not yet been served. (2) N/A. CASE HISTORY: • 03/25//21: Petition to Confirm Arbitration Award filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Respondents entered into a business loan agreement with Petitioner and agreed to repay $113,202.80. They stopped ...
2021.06.08 Motion for Determination of Good Faith Settlement, Demurrer 140
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.08
Excerpt: ...NT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination case. Plaintiff alleges that Defendants terminated her employment because she took sick leave. Defendant Cenveo Worldwide Limited moves for a determination of good faith settlement. Defendant also demurs to the first amended complaint. TENTATIVE RULING: Defendant Cenveo Worldwide Limited's motion for determination of good faith settlement is GRANTED. Defendant's demurrer to t...
2021.06.04 Motion to Compel Arbitration and Stay Action 671
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.04
Excerpt: ... OK. Served by mail and email on March 4, 2021 for an original hearing date of May 3, 2021. CASE HISTORY: • 01/14/21: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff alleges that she was employed as a pastry chef at The Strand House and that she was subjected to harassment and discrimination based on her gender and retaliation for complaining about this harassment and discriminat...
2021.06.04 Motion to Compel Arbitration and Stay Action 645
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.04
Excerpt: ...oss of consortium brought by Jeffrey Manalansan, the husband of Vanessa Manalansan, alleging that he has suffered losses based on her treatment by Defendants, which resulted in tort injuries. This case is related to Vanessa Manalansan's case against these Defendants, Case No. 21STCV01671, which is the lead case. Defendants The Zislis Group, Inc. and MB Dining, LLC dba The Strand House move to compel arbitration and to stay the case pending the ou...
2021.06.04 Demurrer, Motion to Strike 974
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.04
Excerpt: ...plaint filed. • 03/15/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff was employed as an “outside” operations manager (supervising operations outdoors) who was advised to work at home during the pandemic due to a preexisting medical condition. Because he could not do his job from home, he took six weeks of medical leave. He alleges that he was assigned an �...
2021.06.03 Motion for Determination of Good Faith Settlement 790
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.03
Excerpt: ...n downslope vacant properties alleged to have been damaged by Defendants' development of their upslope residential homes. Thus far, Plaintiffs have reached settlements with 8 of the 11 Defendants for a total of $4.8 million. In addition, the settling Plaintiffs have also agreed to contribute $2 million for the repair of the hillside. In addition to these settlements, Defendant Meares has agreed to pay Plaintiffs a total of $1,500,000, comprised o...
2021.06.03 Demurrer, Motion to Strike 765
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.03
Excerpt: ...t Address: (1)-(2) Unknown. Plaintiff's email address is not in his party record on eCourt and is not shown on any document he has filed, and Defendant has not attached any proof of service by mail, despite stating in a declaration that it served the documents by mail “as a courtesy.” • 16/21 (CCP § 1005(b): (1)-(2) OK, if it actually served by mail on March 16, 2021, as a declaration states, but no proof of service by mail was filed. Pro ...
2021.06.01 Demurrer, Motion to Strike 822
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.01
Excerpt: ...OSS-COMPLAINT AS TO DGT MOVING PARTY: (1)-(2) Defendants Miranda Logistics Enterprise, Inc. and Grit & Gravel, Inc.; (3) “Cross-Defendants” (not specified); (4) Cross-Defendant DGT Holdings LLC RESPONDING PARTY(S): (1)-(2) Plaintiff Stanford Neighborhood Association, LLC; (3)-(4) Defendants/Cross-Complainants Miranda Logistics Enterprise, Inc. and Grit & Gravel, Inc. CASE HISTORY: • 11/24/20: Complaint filed. • 02/09/21: Cross-Complaint f...
2021.06.01 Demurrer 458
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.06.01
Excerpt: ...This is a lemon law action. Plaintiff alleges that there were defects to the engine, power steering, wheels, door actuators, and other defects with the 2018 Dodge Charger 4DR SRT Hellcat he leased in 2017. Defendant FCA US LLC demurs to the complaint. TENTATIVE RULING: Defendant FCA LLC's demurrer is OVERRULED. DISCUSSION: Demurrer Meet and Confer The Declaration of Attorney Jonathan T. Martinez reflects that the meet-and-confer requirement of CC...
2021.05.27 Motion for Summary Judgment, Adjudication 469
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.27
Excerpt: ...d through his Successor in Interest, Judith L. Molina, and Judith L. Molina, an individual 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. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a w...
2021.05.27 Demurrer 139
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.27
Excerpt: ...treet address is listed on the proof of service, not the email address. • 16/21 (CCP § 1005(b)): OK. Served electronically on March 5, 2021. CASE HISTORY: • 05/05/20: Complaint filed. • 06/02/20: FPG Services, Inc., d/b/a Ovation Fertility substituted as the correct name for Ovation Fertility. • 02/10/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiffs allege ...
2021.05.26 Motion for Preliminary Injunction 412
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.26
Excerpt: ...sued as Connie Finckel), and Tamar Yeghiayan CASE HISTORY: • 02/10/21: Complaint filed. 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 defend Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs bring a motion for preliminary injunction against the attorney Defendants. TENTATIVE RULING: Plaintiff...
2021.05.26 Demurrer, Motion to Strike 900
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.26
Excerpt: ...commenced on December 22, 2020. Plaintiff alleges that there were defects in the 2018 GMC Sierra 1500 that she purchased. Defendant General Motors, LLC demurs to the third cause of action for fraudulent inducement–concealment and moves to strike portions related to punitive damages. TENTATIVE RULING: Defendant General Motors, LLC's demurrer to the third cause of action for fraudulent inducement—concealment is OVERRULED. Defendant's motion to ...
2021.05.26 Demurrer, Motion to Strike 763
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.26
Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff rented an apartment in Defendants' building. On February 8, 2021, she filed a complaint alleging 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). Defendants demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants' demurrer...
2021.05.25 Motion to Compel Deposition, for Monetary Sanctions 244
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.25
Excerpt: ...GROUP; (2) MOTION FOR PROTECTIVE ORDER PROHIBITING THE DEPOSITION OF DEFENDANT'S FARIDEH ARA MOVING PARTY: (1) Plaintiff Mary Nelson, by and through her successor in interest, Elmer Pogue; (2) Defendant CHA Hollywood Medical Center, L.P. RESPONDING PARTY(S): (1) Defendant CHA Hollywood Medical Center, L.P.; (2) Plaintiff STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the Complaint filed on September 3, 2019, Plaintiff Mary Nelson's successor ...
2021.05.25 Motion for Summary Judgment 765
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.25
Excerpt: ...Complaint filed by North American Risk Services, Inc. • 12/08/20: Cross-Complaint dismissed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff seeks to enforce payment of a hospital lien for medical expenses incurred by patient Jeffrey R. Milan. Plaintiff alleges that Defendant paid Mr. Milan for his personal injury damages without reimbursing Plaintiff for his medical expenses. Defendant moves for summary judgment. TENTATIVE RULING: De...
2021.05.25 Demurrer 362
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.25
Excerpt: ...ssal entered as to Marasri Tilakamonkul and Somsak Tilakamonkul. • 09/19/18: Complaint filed by Somsak Tilakamonkul? This appears in the summary on eCourt, but there is no such document among the “legacy images” on eCourt. • 10/30/18: Cross-Complaint filed by Sumeth Tilakamonkul? This appears in the summary on eCourt, but there is no such document accessible on eCourt. • 03/12/19: Complaint in Intervention filed by Royal Thai Cuisine II...
2021.05.24 Demurrer 333
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.24
Excerpt: ...h of contract action between package delivery services. In their February 16, 2021 complaint, Plaintiffs allege that Defendant Templar agreed to transfer the right to provide delivery services in zip code 91605 to Plaintiff Laksh, which then transferred that right to Plaintiff JROD. Defendant Templar also agreed to transfer its rights in zip code 91352 to Plaintiff JROD. However, Plaintiffs allege that Defendants refuse to take the necessary step...
2021.05.24 Motion for Preliminary Injunction 693
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.24
Excerpt: ...tion to quiet title on real property located at 833 South Western Avenue in Los Angeles. Plaintiff alleges that Defendants recorded two foreclosure notices based on a void Deed of Trust, with the foreclosure sales threatening to extinguish Plaintiff's purportedly junior interest. Plaintiff brings a motion for preliminary injunction to enjoin Defendants from foreclosing on the leasehold deed of trust. TENTATIVE RULING: Plaintiff's motion for preli...
2021.05.24 Motion for Determination of Good Faith Settlement 421
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.24
Excerpt: ... in as Doe 1. Henry Company LLC substituted in as Doe 2. ITW Polymers Sealants North America Inc. substituted in as Doe 3. MBTechnology substituted in as Doe 4. Smalley & Company substituted in as Doe 5. Sunshine Supply Co., Inc. substituted in as Doe 6. Top Industrial, Inc. substituted in as Doe 7. Tropical Roofing Products of California, LLC substituted in as Doe 8. • 05/09/19: Gardner-Gibson Manufacturing, Inc. substituted in as Doe 9. Bosti...
2021.05.18 Anti-SLAPP Motion to Strike, Demurrer 610
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.18
Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for false advertising and related claims. Plaintiff alleges that Defendants have used its name, logo, NDC identification number, and product name in the sale of a medical device known as SIL- K-PAD without its permission. Defendant Vivera Pharmaceuticals, Inc. brings an anti-SLAPP special motion to strike and a demurrer. TENTATIVE RULING: Defendant Vivera Pharmaceuticals, Inc.'s anti-...
2021.05.14 Motion for Reasonable Attorney Fees, for Post Judgment Costs, to Tax Costs 513
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.14
Excerpt: ...twood, LLC RESPONDING PARTY(S): (1)-(2) Plaintiff/Cross-Defendant AA Westwood, LLC; (3) Defendant/Cross- Complainant Liberal Arts 677 Benevolent Foundation, Inc. CASE HISTORY: • 04/02/13: Complaint filed. • 05/02/13: Cross-Complaint filed. • 06/30/14: First Amended Complaint filed. • 11/07/14: Second Amended Complaint filed without leave of court; Barbara Haines, individually, and as Trustee of Daniel Haines and Barbara Revocable 1986 Tru...
2021.05.13 Motion for Summary Judgment, Adjudication 097
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.13
Excerpt: ...ress: Yes. • 75/77/80 (CCP § 437c(a)): OK. Served by email on February 18, 2021 September 28, 2020 (80 days). CASE HISTORY: • 09/22/17: Complaint filed. • 10/26/17: Amendment of Kaiser Foundation to Kaiser Foundation Hospitals. • 11/15/17: Amendment of Bank of America to Bank of America Corporation. • 04/23/18: Dismissal entered as to Bank of America, N.A. • 04/24/19: Harris L. Woods Electrical Contractor dba Woods Electric substitut...
2021.05.13 Application for Entry of Default Judgment 633
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.13
Excerpt: ... through February 21, 2017. Plaintiff was to be paid $500 per day for all of the photoshoots except for one on November 8, 2016, when she was owed $1,000 for that day's work. Plaintiff alleges that, although Defendant ultimately paid the wages due, none of the flat-fee payments for each day's work was paid until more than 30 days after each photo-shoot. Plaintiff argues that each day's work was a separate employment contract and contends that she...
2021.05.12 Motion for Determination of Good Faith Settlement 790
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.12
Excerpt: ...nslope vacant properties alleged to have been damaged by Defendants' development of their upslope residential homes. Thus far, Plaintiffs have reached settlements with 8 of the 11 Defendants for a total of $4.1 million. In addition, the settling Plaintiffs have also agreed to contribute $2 million for the repair of the hillside. Defendant Phillips has agreed to pay Plaintiffs a total of $700,000, comprised of the full $500,000 homeowner's insuran...
2021.05.12 Demurrer, Motion to Strike 704
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.12
Excerpt: ...RESPONDING PARTY(S): (1)-(2) Plaintiffs Ryan Suavet and I Think I Got It, LLC CASE HISTORY: • 01/29/20: Complaint filed. • 03/20/20: Cross-Complaint filed. • 04/24/20: Cross-Complaint dismissed without prejudice. • 12/10/20: First Amended Complaint filed. • 02/10/21: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action arises out of a contractual dispute over a refund agreement for DRNK franch...
2021.05.12 Demurrer, Motion to Strike 374
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.12
Excerpt: ...ESPONDING PARTY(S): (1)-(2) Plaintiffs Ryan Suavet and I Think I Got It, LLC CASE HISTORY: • 01/29/20: Complaint filed. • 03/20/20: Cross-Complaint filed. • 04/24/20: Cross-Complaint dismissed without prejudice. • 12/10/20: First Amended Complaint filed. • 02/10/21: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action arises out of a contractual dispute over a refund agreement for DRNK franchi...
2021.05.10 Motion for Trial Preference 313
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.10
Excerpt: ...S: Plaintiff Preston Garrett filed a complaint on February 3, 2021, alleging elder abuse and related claims arising from the hospice care Defendants Kumar Lifecare Hospice, Inc., et al., provided while Plaintiff was a resident at West Hills Care Home. Plaintiff moves for trial preference. TENTATIVE RULING: Plaintiff's motion for trial preference is GRANTED. Trial is set for November 8, 2021. DISCUSSION: Motion for Trial Preference Request for Jud...
2021.05.10 Motion for Attorney Fees 622
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.05.10
Excerpt: ...n which Plaintiff alleged that she leased a 2017 Jeep Compass that was defective. The parties settled, and Plaintiff now moves for an award of attorney fees and costs. TENTATIVE RULING: Plaintiff Netta Perez's motion for attorney fees, costs and expenses is GRANTED in the amount of $12,000 in attorney fees and $2301.58 in costs. DISCUSSION: Plaintiff's Motion For Attorney Fees and Costs Defendant's Untimely Opposition Defendant filed an untimely ...
2021.04.30 Motion to Set Aside Dismissal 759
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.30
Excerpt: ...PROCEEDINGS: Plaintiff alleged discrimination, harassment, and retaliation based on gender, race, and age or perceived gender, race, and age. On February 11, 2021, having sustained Defendant's unopposed demurrer without leave to amend, the Court dismissed the action and entered judgment in favor of Defendant. Plaintiff moves to set aside the dismissal. TENTATIVE RULING: Plaintiff's motion to set aside dismissal (CCP § 473(b)) is GRANTED. Plainti...
2021.04.30 Motion for Judgment on the Pleadings 306
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.30
Excerpt: ...EDINGS: Plaintiff holds the legal title to a piece of real property on which the County asserts a lien based on child support Plaintiff owes. He seeks a declaratory judgment that Defendant Matthew Fletcher is the equitable owner of the property and that his ownership is free of the lien asserted by the County. He also seeks damages, including punitive damages. Defendant County of Los Angeles moves for judgment on the pleadings. TENTATIVE RULING: ...
2021.04.29 Motion to Lift Stay 931
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.29
Excerpt: ... for protesting and challenging Defendant Heckman's unlicensed interference with the practice of medicine based on profit decisions, as well as on the basis of her gender. On April 2, 2019, the Court granted in part Defendants' motion to compel arbitration as to Plaintiff's first, second, third and thirteenth causes of action. (Final Ruling, entered April 2, 2019.) The Court also stayed the rest of the action pending arbitration pursuant to Code ...
2021.04.29 Motion for Summary Judgment, Adjudication 080
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.29
Excerpt: ...nt Hospital, Inc. RESPONDING PARTY(S): Plaintiff Barbara Rock-Lewis by and through her successor-in-interest David Cleaver, and Plaintiff David Cleaver, individually STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse and wrongful death action that was filed on December 13, 2019. Plaintiff Barbara Rock-Lewis's successor in interest alleges that Defendants committed elder abuse while she was an inpatient at the Defendant facilit...
2021.04.28 Motion to Compel Arbitration, to Expunge Lis Pendens 697
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.28
Excerpt: ...on. CASE HISTORY: • 01/29/21: Complaint filed. • 02/08/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that he entered into a contract to buy a vacant lot from Defendants but that they breached the agreement by failing to deliver the land with plans ready to issue (“RTI”). Defendants move to compel arbitration and for a stay of litigation. Defendants also seek an order expunging the lis...
2021.04.28 Demurrer, Motion to Strike 960
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.28
Excerpt: ... Noam Amar; and Tomar Ben Shushan RESPONDING PARTY(S): (1) & (2) Plaintiffs Lathouwers Trust UA; Maurice Lathouwers, Jr., individually and as trustee; Michelle Lynskey; Anthony Kevin Crehan; Liam Aidan Crehan, a minor, by his guardian ad litem Michelle Lynskey; and Declan Michael Crehan, a minor, by his guardian ad litem Michele Lynskey. CASE HISTORY: • 05/04/20: Complaint filed. • 02/25/21: First Amended Complaint filed. STATEMENT OF MATERIA...
2021.04.28 Demurrer 542
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.28
Excerpt: ...he request of his real estate agent, Defendant Avetisyan, which he paid to Defendant Live Escrow, Inc. Ivazova has not repaid him. He also alleges that this was part of a larger scheme by Avetisyan to defraud him. Defendant Lilya Ivazova demurs to the complaint. TENTATIVE RULING: As to Defendant Lilya Ivazova's demurrer, the Court rules as follows: First cause of action: SUSTAINED with leave to amend as to both CCP § 430.10(e) and (g). Second ca...
2021.04.26 Motion for Trial Preference 523
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.26
Excerpt: ...February 10, 2021, asserting claims for quiet title, ejectment, breach of written contract, rescission, elder abuse and declaratory relief. Defendants Manfred Hofman and Hannelore Hofman answered the complaint on March 18, 2021. On March 24, 2021, Plaintiff filed a motion for trial preference under Code of Civil Procedure § 36, subdivision (a), claiming an entitlement to having a trial set within 120 days of the Court's ruling based on her age o...
2021.04.26 Motion for Protective Order 996
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.26
Excerpt: ...� 08/21/13: Complaint filed. • 11/25/13: Requests for Dismissal granted as to Defendants Thomas J. Phillips, M.D., Joseph Lowey, M.D., Neel Anand, M.D., and Sheila M. Kahwaty, P.A. • 05/24/14: Deemed PI Complicated. • 06/26/15: Judgment entered in favor of Defendant Alen Ternian, M.D. • 01/04/16: Judgment entered in favor of Defendant Eli Baron, M.D. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a medical malpractice action in w...
2021.04.23 Motions for Leave to File Motions for Summary Judgment, Adjudication 415
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.23
Excerpt: ..., West, LLC RESPONDING PARTY: Plaintiffs Michael S. Yu, et al. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Pursuant to the Court's orders at the trial setting conference on March 11, 2021, Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC (jointly “the CLS Defendants”) filed a motion seeking leave to bring motions for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c. In ...
2021.04.22 Motion to Compel Arbitration and Stay Proceedings 007
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.22
Excerpt: ...Media, Inc. • 10/19/20: Default entered as to Craig Nobles. • 01/15/21: Default vacated as to Craig Nobles. • 02/10/21: Default set aside as to Swagg Media, Inc. per stipulation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and fraud action. Plaintiffs allege that the parties entered into a joint venture agreement in 2019 regarding the promotion and production of an event called the Fall Ball All Star Event. ...
2021.04.21 Motion for Summary Adjudication 281
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.21
Excerpt: ...TORY: • 02/19/19: Complaint filed. • 03/04/19: Cross-Complaint filed by Blaine Holding & Development, LLC, et al. • 03/15/19: First Amended Complaint filed. • 04/25/19: First Amended Cross-Complaint filed by Blaine Holding & Development, LLC, et al. • 05/10/19: Second Amended Complaint filed. • 09/24/19: Cross-Complaint filed by Paul Edalat. • 11/26/19: Dismissal entered from Cross-Complaint as to Ryan Hilton and Mammoth RX, Inc. �...
2021.04.20 Motion to Quash Subpoenas Duces Tecum 707
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.20
Excerpt: ...4/01/20: Second Amended Complaint filed. • 10/20/20: Dismissal entered as to Demetriou & Associates and Michael Montano STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs engaged Defendants to assist and represent them in connection with an Internal Revenue Service audit of their 2012 income tax return. Plaintiffs allege that Defendants committed accounting malpractice. Plaintiffs move to quash fifteen subpoenas duces tecum served by De...
2021.04.19 Motion to Withdraw Deemed Omissions 765
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.19
Excerpt: ...tiff seeks to enforce payment of a hospital lien for medical expenses incurred by patient Jeffrey R. Milan. Plaintiff alleges that Defendant paid Mr. Milan for his personal injury damages without reimbursing Plaintiff for his medical expenses. Plaintiff moves to withdraw deemed admissions. TENTATIVE RULING: Plaintiff's motion to withdraw deemed admissions is DENIED. DISCUSSION: Motion to Withdraw Deemed Admissions Request for Judicial Notice Plai...
2021.04.16 Motion to Stay Proceedings 526
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.16
Excerpt: ... STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a legal malpractice action that was filed on November 13, 2020. Plaintiff alleges that Defendants were negligent in their preparation of a comprehensive estate plan for Plaintiff and her husband, decedent David Pasternak. Plaintiff moves to stay the proceedings pending resolution of Plaintiff's related probate action, LASC Case No. 20STPB05797. TENTATIVE RULING: Plaintiff's motion for an or...
2021.04.15 Motion for Summary Judgment, Adjudication 080
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.15
Excerpt: ...ls RESPONDING PARTY(S): Plaintiff Barbara Rock-Lewis by and through her successor-in-interest David Cleaver, and Plaintiff David Cleaver, individually STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse and wrongful death action, commenced on December 13, 2019. Plaintiff Barbara Rock-Lewis's successor in interest alleges that Defendants committed elder abuse while she was an inpatient at the Defendant facility. Defendant Kaiser...
2021.04.15 Demurrer 139
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.15
Excerpt: .../20: FPG Services, Inc., d/b/a Ovation Fertility substituted as the correct name for Ovation Fertility. • 02/10/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiffs allege that Defendants breached an Asset and Equity Purchase Agreement under which Plaintiffs sold their company, the Center for Surrogate Parenting (“CSP”), to Defendants in exchange for $5 million, w...
2021.04.13 Motion for Terminating Sanctions 374
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.13
Excerpt: ...nts who allege that their landlord breached the warranty of habitability and the covenant of quiet enjoyment, among other claims. They filed their complaint on February 4, 2020. Defendant Joseph P. Marsico moves for terminating sanctions or, in the alternative, for contempt. TENTATIVE RULING: Defendant Joseph P. Marsico's motion for terminating sanctions is GRANTED. The complaint is hereby ordered stricken. Defendant's alternative motion for cont...
2021.04.09 Motion for Leave to File FAC 916
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.09
Excerpt: ...er 12, 2019, Plaintiff filed his complaint alleging wrongful termination. Plaintiff was employed by Defendants as a shipping clerk. He alleges that he was terminated in retaliation for refusing the sign off on a knowingly false employee social security number. He also alleges other Labor Code violations and a PAGA claim. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff's motion for leave to file a first ame...
2021.04.09 Demurrer, Motion to Strike 585
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.09
Excerpt: ...): (1)-(2) Defendants Philip Schoeppner and Richard Schoeppner; (3) Plaintiff Deric White PROOF OF SERVICE: • Correct Address: (1)-(3) Yes. • 16/21 (CCP § 1005(b)): (1)-(2) OK. Served by mail and email on March 11, 2021. (3) OK. Served by mail and email on March 10, 2021. CASE HISTORY: • 04/01/20: Complaint filed. • 02/08/21: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a landlord-tenant dispute. Plainti...
2021.04.08 Application for Entry of Default Judgment 633
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.08
Excerpt: ...6 through February 21, 2017. Plaintiff was to be paid $500 per day for all of the photoshoots except for one on November 8, 2016, when she was owed $1,000 for that day's work. Plaintiff alleges that, although Defendant ultimately paid the wages due, none of the flat-fee payments for each day's work was paid until more than 30 days after each photo-shoot. Plaintiff argues that each day's work was a separate employment contract and contends that sh...
2021.04.07 Motion to Compel Entry Onto Land, for Monetary Sanctions 790
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.07
Excerpt: ... CASE HISTORY: • 11/02/17: Complaint filed. • 12/01/17: First Amended Complaint filed. • 12/04/17: Cross-Complaint filed by Jon Betuel. • 01/11/18: Cross-Complaint filed by John Peri and Montan Peri • 01/11/18: Cross-Complaint filed by Janice Brown. • 01/18/18: Cross-Complaint filed by Agnes Huff. • 02/01/18: Cross-Complaint filed by Marc Huffman. • 03/01/18: Cross-Complaint filed by Ken Meares. • 03/19/18: Cross-Complaint filed...
2021.04.07 Motion for Leave to File Complaint 677
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.07
Excerpt: ...each of contract case commenced on August 29, 2019. Plaintiff, a seller of tools on Amazon, alleges that Defendants owe it $360,267.11 for tools that it shipped and delivered to a third party in accordance with Defendants' purchase orders and instructions. Defendant MJD Industries, LLC, dba Ares Tool, moves for leave to file a cross-complaint. TENTATIVE RULING: Defendant MJD Industries, LLC, dba Ares Tool's motion for leave to file cross-complain...
2021.04.07 Motion for Leave to File Complaint 574
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.07
Excerpt: ...ended 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 Hyojin Ahn, and Robert Ahn STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs alle...
2021.04.06 Motion for Reconsideration 266
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.06
Excerpt: ...at the time the challenge was rejected. The matter is set for hearing on April 6, 2021. The Court grants the motion for reconsideration as properly made but reaffirms its prior ruling rejecting Defendant's challenge under section 170.6 as untimely. In this case, the Court notified defense counsel that this judicial officer was assigned for all purposes to this case by mailing a notice to all counsel on January 29, 2021, making any peremptory chal...
2021.04.06 Demurrer 004
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.06
Excerpt: ... the lease agreement and owe the unpaid rent, late charges, costs of repair of damage they did to the premises, and cleaning of at least $44,358.38. Plaintiff's complaint was filed on December 2, 2020. Defendant Deborah Canter demurs to the complaint. No reply is on eCourt as of April 2, 2021. TENTATIVE RULING: Defendant Deborah Canter's demurrer to the complaint is OVERRULED. Defendant Deborah Canter is to answer within 21 days. DISCUSSION: Demu...
2021.04.05 Motion to Compel Arbitration 640
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.05
Excerpt: ...E HISTORY: • 10/29/20: Complaint filed. • 01/07/21: Dismissal entered as to Defendant Vensure HR Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff, who was employed as a sanitation worker, alleges disability discrimination based on work-related injuries to his back and arm, retaliation, and related claims under FEHA, along with Labor Code violations and other related claims. Defendants One S...
2021.04.02 Motion to Compel Arbitration and Stay Proceedings 007
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.04.02
Excerpt: ...dia, Inc. • 10/19/20: Default entered as to Craig Nobles. • 01/15/21: Default vacated as to Craig Nobles. • 02/10/21: Default set aside as to Swagg Media, Inc. per stipulation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and fraud action. Plaintiffs allege that the parties entered into a joint venture agreement in 2019 regarding the promotion and production of an event called the Fall Ball All Star Event. De...
2021.03.30 Motion to Quash Subpoenas Duces Tecum 707
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.30
Excerpt: ...4/01/20: Second Amended Complaint filed. • 10/20/20: Dismissal entered as to Demetriou & Associates and Michael Montano STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs engaged Defendants to assist and represent them in connection with an IRS audit of their 2012 income tax return. Plaintiffs allege that Defendants committed accounting malpractice. Plaintiffs move to quash fifteen subpoenas duces tecum served by Defendant Jeffrey D. Wi...
2021.03.26 Motion to Compel Discovery Responses 218
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.26
Excerpt: ... Plaintiff alleges various Labor Code violations and unfair competition on his own behalf, along with a PAGA action. Plaintiff moves to compel responses to four separate sets of discovery. TENTATIVE RULING: If not mooted before the hearing, and contingent upon Plaintiff's counsel paying an additional $180 in filing fees, Plaintiff's (1) motion to compel responses to requests for production (set one), (2) motion to compel responses to form interro...
2021.03.26 Motion for Summary Judgment, Adjudication 997
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.26
Excerpt: ...econd Amended Complaint filed. • 02/25/19: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that the City of Los Angeles failed to provide Plaintiff a private room to pump her breast milk and that she suffered retaliation when she complained. Defendant City of Los Angeles moves for summary judgment or, alternatively, summary adjudication. TENTATIVE RULING: Defendant City of Los Angeles's motion fo...
2021.03.25 Motion for Leave to File SAC 281
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.25
Excerpt: ...S): Plaintiff/Cross-Defendant Vivera Pharmaceuticals, Inc. and Cross- Complainant/Cross-Defendant Paul Edalat CASE HISTORY: • 02/19/19: Complaint filed. • 03/04/19: Cross-Complaint filed by Blaine Holding & Development, LLC, et al. • 03/15/19: First Amended Complaint filed. • 04/25/19: First Amended Cross-Complaint filed by Blaine Holding & Development, LLC, et al. • 05/10/19: Second Amended Complaint filed. • 09/24/19: Cross-Complain...
2021.03.23 Motion to Set Aside Dismissal 759
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.23
Excerpt: ...PROCEEDINGS: Plaintiff alleged discrimination, harassment, and retaliation based on gender, race, and age or perceived gender, race, and age. On February 11, 2011, having sustained Defendant's unopposed demurrer without leave to amend, the Court dismissed the action and entered judgment in favor of Defendant. Plaintiff moves to set aside the dismissal. TENTATIVE RULING: Plaintiff's motion to set aside dismissal (CCP § 473(b)) is DENIED WITHOUT P...
2021.03.23 Motion to Deem Vexatious Litigant 446
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.23
Excerpt: ...s that Defendant landlord engaged in numerous acts of threatening Plaintiff and retaliating against Plaintiff, culminating in wrongful eviction, for making complaints to the Los Angeles Department of Building and Safety about the illegal conversion of Plaintiff's rental unit, various habitability concerns, and excess rent payment in violation of the Rent Stabilization Ordinance. Defendant Laura Ancheta filed a Cross-Complaint alleging that Plaint...
2021.03.23 Demurrer, Motion to Strike 080
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.23
Excerpt: ... TO DEFENDANT JACQUELYN LACEY'S DEMURRER MOVING PARTY: (1) Defendant Jacquelyn Lacey; (2)-(4) Defendant David Lacey RESPONDING PARTY(S): (1)-(2) Plaintiffs Melina Abdullah, Dahlia Ferlito, and Justin Marks; (3)-(4) No opposition on eCourt as of March 22, 2021. CASE HISTORY: • 10/19/20: Complaint filed. • 11/05/20: First Amended Complaint filed. • 02/05/21: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plain...
2021.03.19 Motion to Compel Further Responses 394
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.19
Excerpt: ...fendant General Motors LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action. On February 1, 2020, Plaintiff Margaret Calderon purchased a new Chevrolet Equinox. Plaintiff alleges that the vehicle had and developed various defects, including the engine and related systems, check engine light, loud noise on startup, fuel pump, and others that Defendant General Motors, LLC failed to repair despite Plaintiff presenting it fo...
2021.03.18 Motion for Leave to File Complaint 574
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.18
Excerpt: ...t 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 Hyojin Ahn, and Robert Ahn STATEMENT OF MATERIAL FACTS AND...
2021.03.17 Motion to Compel Arbitration and Stay Proceedings 731
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2021.03.17
Excerpt: ... HISTORY: • 09/02/20: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was employed by Defendant, a provider of after-school learning programs, for approximately eight years. She alleges that Defendant retaliated against her for disclosing its illegal conduct and wrongfully terminated her. She also alleges a PAGA claim on behalf of herself and others similarly situated based on Defendant's alleged violation of Labor Co...

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