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2023.08.11 Motion for Leave to Intervene 206
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.08.11
Excerpt: ...s the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Additionally, upon timely application, a court may “permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the succes...
2023.08.10 Motion to Set Aside or Vacate Judgment for Attorney Fees 562
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.08.10
Excerpt: ... judgment. (Code Civ. Proc., § 473, subd. (b).) “The court may… on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) “[I]nclusion of the word ‘may' in the language of section 473, subdivision (d) makes it clear that a trial court retains discretion to grant or deny a motion to set aside a void judgment [or order].” (Cruz v. Fagor America, Inc. (2007) 1...
2023.08.10 Motion for Terminating Sanctions 622
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.08.10
Excerpt: ...e extent authorized by the chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... ...
2023.08.08 Motion to Strike 178
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.08.08
Excerpt: ...pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §436(a)-(b).) (See also Stafford v. Shultz (1954) 42 Cal.2d 767, 782 (“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded. [Citations]”).) Meet and Confer The demurrer is not accompanied ...
2023.08.08 Motion to Continue Trial and Reopen Discovery 725
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.08.08
Excerpt: ...ifornia Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain ...
2023.08.08 Demurrer to SAC 262
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.08.08
Excerpt: ...rally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v....
2023.07.21 Motion to Quash Deposition Subpoenas 045
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.21
Excerpt: ...ed information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (...
2023.07.21 Demurrer to SAC 518
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.21
Excerpt: ...r (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pl...
2023.07.20 Motion to Quash Subpoenas 045
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.20
Excerpt: ...e court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d...
2023.07.19 Motion for Leave to Amend and File FAC 645
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.19
Excerpt: ..., 2021, Plaintiffs Jeff Kwatinetz and Prospect Park, LLC (collectively “Plaintiffs” initiated the present action by filing a Complaint against Azealia Banks, Lasagna Girl, LLC, and Does 1 through 10 (collectively, “Defendants”). Plaintiffs' Complaint alleges the following causes of action against Defendants: (1) Breach of Implied Covenant of Good Faith and Fair Dealing; (2) Interference with Contractual Relations; (3) Defamation; (4) Trad...
2023.07.19 Motion for Approval of PAGA Settlement and Proposed Judgment to Dismiss Action 818
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.19
Excerpt: ...); Royal Industrial Solutions (“Royal”); and Does 1 to 100. The Complaint alleges violations of Labor Code sections 232, 232.5, 432.5, 1197.5, 1102.5, 98.6, 96(k), and 1197.5 based on allegations that CED and Royal “require[ed] employees to agree in writing g to confidentiality agreements and policies that unlawfully restrain trade by prohibiting employees from speaking with prospective employers about information that is not confidential a...
2023.07.19 Demurrer 046
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.19
Excerpt: ...Inc. dba Urban Doors Company (“AAW”), and Does 1 to 10. The Complaint alleges causes of action for: 1) Breach of Contract, 2) Breach of Implied Covenant to Perform Work in a Good and Competent Manner; 3) Failure to Repurchase or Replace Consumer Good after Reasonable Repair Opportunity (Song-Beverly Act); and 4) Consumers Legal Remedies Act. On February 28, 2023, Defendant AAW filed a demurrer to Plaintiff's Complaint. No opposition or reply ...
2023.07.17 Demurrer to FAC 613
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.17
Excerpt: ...r Defendant is this action is the City of Los Angeles. (See Alcala v. City of Corcoran (2007) 147 Cal.App.4th 666, 669-670.) The original Complaint alleged causes of action for (1) Willful Perjuries, the Serious Violation of the Federal Laws; (2) Violation of the United States Constitution; and (3) Theft and Robbery of Plaintiff's Property. On September 29, 2021, the City of Los Angeles (named in the Complaint as the “Los Angeles Police Departm...
2023.07.14 Motion for Reconsideration 418
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.14
Excerpt: ...h 31, 2019, plaintiffs Cristian and Brianne Gallagher (collectively, the “Plaintiffs”) purchased a new 2019 Honda Pilot (the “Subject Vehicle”) pursuant to a retail installment sales contract (hereinafter “Purchase Agreement”). (Compl., ¶ 7.) The Subject Vehicle was manufactured and/or distributed by defendant American Honda Motor Co., Inc. (the “Defendant” and/or “AHM”) who issued certain warranties for said vehicle pursuant...
2023.07.12 Motion to Strike 225
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.12
Excerpt: ... for punitive damages. On June 26, 2023, Defendant Lemonade filed a Notice of Non-Opposition to its Motion to Strike. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) “Any determination by the court that the me...
2023.07.12 Motion for Leave to File FAC 832
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.12
Excerpt: ...Motion for Summary Judgment, or Summary Adjudication in the alternative, was DENIED. On May 08, 2023, Plaintiff filed a Motion for Leave to File a First Amended Complaint. Defendant GM filed opposing papers on June 28, 2023. No reply has been filed. LEGAL STANDARD Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. The policy favoring amendment and resolving all matters in the same dispute is �...
2023.07.11 Request for Default Judgment 260
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.11
Excerpt: ...file don January 13, 2023. Default was entered against Defendants on March 17, 2023. Does 1 to 30 were dismissed on June 20, 2023. On April 28, 2023, Plaintiff moved for Default Judgment against Defendants. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Request for Court Judgme...
2023.07.11 Petition to Correct Arbitration Award 054
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.11
Excerpt: ...tion Award as Corrected. Bombardier Transportation (Holdings) USA Inc. (“BT” or “Respondent”) filed a reply in opposition to the Petition on April 24, 2023. Petitioner LINXS filed a reply on June 30, 2023. LEGAL STANDARD “Any party to an arbitration award in which an award has been made may petition the court to confirm, correct, or vacate the award.” (Code Civ. Proc. § 1285.) “A petition under this chapter shall: (1) Set forth the...
2023.07.11 Motion to Lift Stay 606
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.11
Excerpt: ...lifornia's Private Attorney General Act The Complaint alleges, inter alia, that Plaintiff was employed by Terminix for nearly four years before his termination on October 1, 2019. During his employment, Plaintiff was provided with a Terminix- branded truck for work purposes and was required, among other employees, to take this Terminix- branded home and drive from home to work each day. For the one-year period before his termination, Terminix had...
2023.07.07 Motion to Enforce Settlement 851
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.07
Excerpt: ...0, et seq.); 3) Failure to Prevent and/or Remedy Discrimination and Harassment (Gov. Code §§ 12940, et seq.); 4) Negligent Supervision and Retention; 5) Wrongful Constructive Termination in Violation of Public Policy; and 6) 6. Failure to Pay All Wages Earned Upon Discharge (Labor Code §§ 201-203). On March 14, 2023, Defendant Robert Canizalez (“Canizalez”) filed a Cross-Complaint against Plaintiff and Roes 1 to 20 for Violation of Penal ...
2023.07.07 Demurrer, Motion to Strike 714
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.07.07
Excerpt: ... Express Warranty under the Song-Beverly Act; and 3) Fraudulent Concealment. On February 03, 2023, Defendant GM filed Demurrer and a Motion to Strike Plaintiff's Complaint. Plaintiff filed opposing papers on June 23, 2023. Defendant GM filed replies on June 29, 2023. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reac...
2023.06.27 Motion for Attorney Fees 267
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.27
Excerpt: ...Rights Act.¿ On August 09, 2022, the Court granted Defendant BYD's Motion to Compel Arbitration and Stay the Action. On February 28, 2022, Plaintiff moved for an Order to Withdraw the Case from Arbitration. The motion was unopposed. On May 08, 2023, the Court granted Plaintiff's request to withdraw from arbitration. On May 05, 2023, Plaintiff filed a Motion for Attorney's fees and Costs as Sanctions pursuant to Code of Civil Procedure Sections 1...
2023.06.27 Motion for Attorney Fees 186
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.27
Excerpt: ...urer of the subject vehicle, and Cali Auto Experts (“CAE”). The Complaint was dismissed as to CAE on February 28, 2019. The Complaint asserts the following causes of action against Defendant Ford: 1) Violation of Subdivision (d) of Civ. Code, Section 1793.2; 2) Violation of Subdivision (b) of Civ. Code, Section 1793.2; 3) Violation of Subdivision (a)(3) of Civ. Code, Section 1793.2; 4) Breach of Express Warranty (Civ. Code, §§ 1791.2(a), 17...
2023.06.23 Demurrer 255
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.23
Excerpt: ...ff seeks attorney's fees and punitive damages in relation to the conversion claim, Plaintiff may amend the Complaint to seek punitive damages. BACKGROUND On August 22, 2022, Plaintiff Zoltan Ackerman filed a Complaint against Defendants Ruth Zimmerman; Magdolna Faerstain; Laszlo Farestain; 4602 Greenwood Place LLC, and Does 1 to 50. The Complaint alleges causes of action for: 1) Elder Abuse; 2) Undue Influence; 3) Conversion; and 4) Declaratory R...
2023.06.16 Motion to Tax Costs 582
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.16
Excerpt: ...nna Ellakkany filed a Memorandum of Costs. On February 10, 2023, the Court GRANTED Peter J. Marcus's and Viiu Spangler Khare's Motion to be Relieved as counsel for Defendants Anna Ellakkany and Ahmed Elsayed Ellakkany. On February 24, 2023, Plaintiff filed a Motion to Strike or Tax Costs. The motion was served on Defendants Ahmed Elsayed Ellakany and Anna K. Ellakkany by mail. The hearing was continued to allow Plaintiff to server the Motion on A...
2023.06.16 Petition for Leave to File a Late Government Claim 983
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.16
Excerpt: ...ng one's integrity, harassment, and coercing of an individual and minor(s), violation of the 4th Amendment of the U.S. constitution.” (Compl. at p. 11.) Plaintiff attempted to file a second amended complaint, but it was rejected by the Court because Plaintiff did not seek leave of Court before filing an amended pleading. No proof of service has been filed. Plaintiff provides proof that on November 18, 2022, the City Clerk of the City of Los Ang...
2023.06.15 Motion to Compel Arbitration and Stay Action 960
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.15
Excerpt: ...n (pregnancy); 2) Disability/Medical Condition Discrimination; 3) Failure to Provide Reasonable Accommodation; 4) Violation of California Family Rights act; 5) CFRA Rights Retaliation; 6) Failure to Permit Use of Available Sick Leave; and 7) Wrongful Termination. On March 30, 2023, Defendants moved to Compel Arbitration and Stay the Action. Plaintiff filed opposing papers on May 09, 2023. On June 08, 2023, Defendants filed a reply. On June 08, 20...
2023.06.15 Motion for Summary Judgment, Adjudication 276
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.15
Excerpt: ...Campos and Does 1 to 10 for: 1) Open Book Account 2) Account Stated The Complaint seeks damages in the amount of $56,611.43. On February 10, 2023, Plaintiff filed a Motion for Summary Judgment, or Summary Adjudication in the alternative. Defendant filed opposing papers on May 19, 2023. Plaintiff filed a reply on June 05, 2023. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechan...
2023.06.15 Motion for Summary Judgment 753
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.15
Excerpt: ...on of the Magnuson-Moss Warranty Act On March 22, 2023, Defendant Volkswagen filed a Motion for Summary Judgment, or Summary Adjudication in the alternative. Plaintiff filed opposing papers on May 22, 2023 Defendant Volkswagen filed a reply on June 02, 2023. The hearing was continued and is the matter is now before the Court. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechani...
2023.06.15 Motion for Leave to File FACC 913
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.15
Excerpt: ...ss-Complaint alleging causes of action for: 1) Breach of Contract; 2) Fraud/Intention Misrepresentation; 3) Violation of Contractors' State License Law; and 4) Breach of Guaranty. On June 01, 2023, the Court granted Cross-Complainant's ex parte request to shorten the time to hear a Motion for Leave to File a First Amended Cross-Complainant. The hearing on the Motion is now before the Court. LEGAL STANDARD Leave to amend is permitted under Code of...
2023.06.14 Motion to Quash Subpoena, for Sanctions 336
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.14
Excerpt: ...wer Solar, Inc., John Bleem, and Does 1 through 100. The FAC alleges causes of action for: 1) Discrimination on the Basis of Disability in Violation of FEHA; 2) Harassment on the Basis of Disability in Violation of FEHA; 3) Failure to Provide Reasonable Accommodation in Violation of FEHA; 4) Failure to Engage in the Interactive Process; 5) Retaliation for Engaging in a Protected Activity in Violation of FEHA; 6) Failure to Prevent Discrimination,...
2023.06.14 Demurrer to FACC 465
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.14
Excerpt: ...al. The First Amended Complaint alleges causes of action for: 1) Quiet Title; 2) Declaratory Relief; 3) Slander of Title; 4) Fraud; 5) Intentional Infliction of Emotional Distress; 6) Negligence; and 7) Implied and Equitable Indemnity. On August 03, 2022, Sannette Gite filed a Cross-Complaint against U.S. National Bank, Mara Enterprises (“Mara”), Velocity Commercial Capital, LLC (“Velocity”); Estate of Yong Hwa Chung; et al. The operative...
2023.06.08 Motion to Strike Costs 242
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.08
Excerpt: ... of action for: 1) Injunctive relief; 2) Declaratory relief; 3) Nuisance; 4) Payment of Dues and Assessments; 5) Common Counts; and 6) Account Stated. On December 23, 2019, default was entered as to Defendant Mark Hassan (hereinafter “Defendant”). On February 5, 2020, Does 1 through 50 were dismissed without prejudice. On February 26, 2020, the Court GRANTED Plaintiff's request for Default Judgment, including Plaintiff's request for a monetar...
2023.06.08 Motion to Compel Arbitration and Stay Proceedings 370
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.08
Excerpt: ...mpetition Law; and 6) Failure of Consideration. On April 27, 2023, Defendants filed a Motion to Compel Arbitration. Plaintiff filed opposing papers on May 25, 2023. Defendants filed a rely on June 01, 2023. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' disput...
2023.06.08 Motion for Summary Adjudication 189
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.08
Excerpt: ...rranty; 2) Violation of the Song-Beverly Act, Breach of Implied Warranty; 3) Fraudulent Inducement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On October 07, 2022, Defendant Kia filed a Motion for Summary Adjudication of Plaintiff's Third and Fourth Causes of Action and Claim for Punitive Damages. Plaintiff filed opposing papers on January 23, 2023. Plaintiff's opposition was based on the fact that Defendant had not provided...
2023.06.01 Motion for Summary Judgment 873
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.01
Excerpt: ...rant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) "The function of the pleadings in a motion for summary judgment is to delimit the scope ...
2023.06.01 Motion for Summary Judgment 297
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.06.01
Excerpt: ...e section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor Healthcare corp. (1992) 7 CalApp.4th 1110, 1119.) "On a motion for summary judgment...
2023.05.31 Motion to Compel Mental Exam 485
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.31
Excerpt: ...reciprocal exchange" is denied. Defendants' request for sanctions is DENIED. Legal Standard A court order is required to obtain a party s mental examination. (Code Civ. Proc. S 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown." i (Code Civ. Proc., SS 2032.3100, The motion must state the time, place, identity and specialty ofthe examiner, and the "manner, conditions, scope and nature of the Civ. Proc...
2023.05.30 Motions to Compel Responses 992
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.30
Excerpt: ...ncisco Renteria is also ordered to provide verified responses to the request for production of documents, form interrogatories, and special interrogatories within 30 days of this order. Plamtiffs request for sanctions in connection With the motions to compel responses to discovety is GRANTED. Defendant Juan Francisco Renteria and counsel of record Christopher Dull are ordered to pay monetary sanctions in the amount of $420 within 30 days of this ...
2023.05.30 Motion for Judgment on the Pleadings 751
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.30
Excerpt: ...nt may move for judgment on the pleadings where the complaint does not state facts sufficient to constitute a cause of action against that defendant (Code Civ. Proc., S 438 subd. A non- statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v.Abbassi (2002) 100 Cal.App.4th 644, 650.) "Such motion maybe made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fail...
2023.05.26 Motion for Summary Judgment, Adjudication 984
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.26
Excerpt: .... Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) "requires the trial judge to grant summary judgment if all the evidence submitted, and 'all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgmentas a matter of law." (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4...
2023.05.26 Motion for Reconsideration 557
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.26
Excerpt: ... the same judge or court that made the order, to reconsider the matter and modi$, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Code Civ. Proc., S 1008(a).) A trial court has discretion with respect to granting a motion for recon...
2023.05.26 Demurrer 423
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.26
Excerpt: ...l material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only whe...
2023.05.25 Motion to Strike 148
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.25
Excerpt: ...trike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court (Code Civ. Proc., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Meet and Confer The motion to strike is accompanied by the declaration of Demian M. Casey, which satisfies the meet and confer requirement (Code Civ. Proc. 5 435.5.) Discussion Defendants Hur and Yoon move to strike portions of Plainti...
2023.05.25 Motion to Compel IME, for Sanctions 815
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.25
Excerpt: ...intly and severally, within 30 days of this order. Plamtiffs requestfor sanctions is DENIED. Legal Standard "In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted a...
2023.05.24 Motion to Compel Responses, for Sanctions 415
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.24
Excerpt: ... this order. Defendant's request for sanctions is GRANTED. Plaintiffs Sanjuana Rivas, Lupe Cruz, Mana Martinez, Juan Castillo, Ruben Castillo, Elairos Castillo, Dodora Castillo, Maria Castillo, and Juvenal Castillo and attorney of record, Gilbert Quinones, are ordered to pay $591.65 in monetary sanctions, jointly and severally, within 30 days of this order. Legal Standard Compel RPDs VVhere there has been no timely response to a demand for the pr...
2023.05.24 Motion to Compel Responses 384
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.24
Excerpt: ...ed. Defendant's request for sanctions is GRANTED. Plaintiff Edvin Asatori and counsel of record Arno Mehrabi are ordered to pay sanctions to Defendant in the amount of S555 unthin 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc„ S 2030.290, sub...
2023.05.24 Motion for Terminating Sanctions 251
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.24
Excerpt: ...ful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, lnc v. Gomez (2014) 223 CalApp.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would no...
2023.05.24 Demurrer 371
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.24
Excerpt: ...ial facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters; therefore, it lies only where the ...
2023.05.23 Motion to Continue Trial 133
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.05.23
Excerpt: ...er excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may inclu...

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