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2024.05.17 Motion to Reopen Discovery on Limited Basis 002
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.17 Motion to Reopen Discovery 002
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.05.17
Excerpt: ...ion of plaintiff Katherine Vargas - Moreno, have Vargas-Moreno re- examined by their expert, Dr. Paul Kaloostian and take the deposition of plaintiff's surgeon, Dr. Stephen Kasimian. A Final Status Conference is scheduled for September 13, 2024 and trial is scheduled for October 14, 2024. BACKGROUND AND STATEMENT OF CONTENTIONS On September 14, 2019, Vargas -Moreno sustained the injuries at issue. On October 10, 2022, Dr. Kaloostian testified at ...
2024.05.15 Motion for Entry of Judgment 820
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.05.15
Excerpt: ... -C31 Nordhoff Street Limited Partnership (“Owner”) filed a cross -complaint against Gabriel Hernandez, dba Prime Construction Services (“Prime”), (“General Contractor,)” for declaratory relief, equitable indemnity, contribution and for express indemnity. On December 18, 2023, the Court entered a final order on the motion of Owner for summary adjudication of the cause of action for contractual indemnity. The Court held only that if a ...
2024.05.07 Motion in Limine, to Strike 798
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.05.07
Excerpt: ...rial. It was apparent to the Court that there might be several legal determinations that could either foreclose the need for testimony, at least limit or shorten examination of witnesses or provide guidance as to what was relevant. The parties stipulated the following day that each side might then file two such motions to address those legal issues that were now amenable to disposition and trial was recessed to allow the parties to file and oppos...
2024.05.02 Motion to Dismiss Complaint for Lack of Standing 798
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.05.02
Excerpt: ... the bench trial by the parties filing the declarations of their respective witnesses, in lieu of direct examination, pursuant to stipulation. On April 8, 2024, Defendants filed an ex parte application for an order shortening time for hearing the above -referenced motion prior to the cross -examination portion of the trial scheduled to begin on April 15, 2024. CAG filed opposition. On April 9, 2024, after hearing oral argument, the Court grant ed...
2024.04.24 Motion to Augment Phase I Record with Extra-Record Evidence 882
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.04.24
Excerpt: ...s in these related cases filed a joint motion to augment the Phase 1 record with extra -record evidence to support their preemption challenges to the County's Oil Well Ordinance.1 They argue that these claims present Constitutional challenges that are not confined to the legislative record, citing Western States Petroleum Ass'n. v. Superior Court (1995) 9 Cal.4th 559.2 As contrasted to a CEQA claim (Phase 2 of these cases), where there is deferen...
2024.04.23 Motion for Reconsideration, OSC Re Dismissal of FAC 080
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.04.23
Excerpt: ...ies agreed the Court could decide on the papers submitted. The Court also issued in the same ruling an OSC why it should not dismiss the first amended complaint. On February 9, 2024, Yen Mach (“Yen”) filed a “Reply Positions and Statement regarding Court's January 30, 2024 ruling.” She raises three issues: First, No creditor's claim was needed to bring an action against the estate of Dennis Wong (“Dennis”) because of the waiver of the...
2024.04.19 Motion for Monetary Sanctions Based Upon Spoliation of Evidence 082
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.04.19
Excerpt: ...d its Tentative Statement of Decision after evidentiary hearing on the motion for discovery sanctions and or for adverse inference determination based upon spoliation of evidence. The Court granted the motion in part and denied it in part. In granting the motion, the Court stated in relevant part: “The Court finds that Contestants are also entitled to monetary sanctions against Respondent. Contestants are the prevailing party on this motion. Re...
2024.04.15 Motions in Limine 798
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.04.15
Excerpt: ...e exclusively regulated by the FDA, not the states or private enforcers. In opposition, Defendants argue that the motion misstates their position: Instead, they are arguing that the Prop 65 warnings are compelled speech in violation of the First Amendment and that Prop 65 conflicts with federal law which preempts it. This motion was filed October 25, 2022. The opposition was filed November 3, 2022. On December 5, 2022, Judge Beaudet granted the m...
2024.04.05 Motion for Summary Judgment 455
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.04.05
Excerpt: ..., the Court finds Bank meets its burden of proof under California Code of Civil Procedur e (“CCP”) sec. 437c(p)(1). Pursuant to that same CCP section, the burden is then switched to defendant Aleksandr defendant Aleksandr Blyumkin (“Blyumkin ”) to prove his affirmative defenses. The Court finds three of those affirmative defenses to be unsupported and without merit, and in particular, the claims that the Russian court lacked personal juri...
2024.03.07 Motions in Limine 454
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.03.07
Excerpt: ...rust and co -conservators of Sarolta Nuszer, seek to exclude Respondents Sarolta's son, Jim Nuszer, and his wife Maria Jacobo, fr om offering any evidence at trial related to alleged bad acts of Sarolta's daughters, Cathy Abbasi or Sarah Mogel, Sarolta's alleged fear of Cathy or Sarah and Sarolta's decision to transfer real property interests to Jim. [1] Petitioners contend these transfers on September 10, 2018 – that are no longer in dispute -...
2024.03.07 Application for Right to Attach Order, TPO, and Writ of Attachment 455
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.03.07
Excerpt: ...vides the necessary evidence under Code of Civil Procedure (“CCP”) sec. 484.090 supporting the four elements that must be proven to obtain a right to attach order under CCP sec. 483.010: 1. Bank's claim is contractual in nature. 2. The claim is for a readily ascertainable sum greater than $500. 3. Bank's claim is unsecured by real property. 4. Bank's claim arises out of conduct by defendant Blyumkin of a business, as opposed to “personal, f...
2024.03.01 Motion for Summary Judgment, Adjudication 469
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.03.01
Excerpt: ...NTRODUCTION Respondent Fidelity National Title Insurance Company, as successor -in -interest to Lawyers Title Insurance Corporation (“Fidelity”) contends that no relief can be granted to Petitioner Shelia Mitchell (“Shelia”) based on the causes of action to which it is a party because those are barred by a three -year statute of limitation, as well as lack of any justiciable controversy. [1] Shelia argues in response that the four -year s...
2024.02.29 Motions to Extend Time for Trial and to Bifurcate Trial 454
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.29
Excerpt: ...h extension under the Rules of Court) for start of trial on the petition filed November 9, 2018 is May 9, 2024. Both parties announced they were ready for trial when this case was last heard by the previou sly assigned bench officer on December 13, 2023. Both parties again indicate in their papers on this motion that they are ready to start trial before May 9, 2024. This courtroom is available to start trial (based on the settlement of another ca...
2024.02.29 Motion for Reconsideration of Order Denying Summary Adjudication 947
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.29
Excerpt: ...otion reconsider an order of the previously assigned judge denying summary adjudication of certain causes of action in the first amended cross- complaint (“FACC”). That prior order appears to have relied on contentions that it now appears may be contrary to the evidence and rulings at a subsequent bifurcated bench trial of certain accounting issues. For the reasons stated below, the Court will hold a hearing on reconsideration of only those r...
2024.02.22 OSC Re Dismissal 067
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.22
Excerpt: ...NT OF FACTS On October 26, 2017, Virginia filed a complaint in this case against her sister Maricela and her husband Joe Diaz related to some $41,900 she allegedly gave them for safekeeping. [1] On December 13, 2017, Virginia filed a petition in the Matter of the Guzman Revocable Living Trust, Case no. 17STPB11102 (“the Probate case”), against Maricela, her brother Ernesto, Jr. and sister Martha for determination of the validity of that trust...
2024.02.21 Motion to Dismiss Complaint 798
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.21
Excerpt: ...sed on alleged avoidable delay by plaintiff Consumer Advocacy Group (“CAG”). As set forth below, however, the Court has already rejected this claim. Judge Beaudet found she was not able to try this case. CAG had no control over this issue. This Court may not now reconsider that ruling merely because the Court was not able to specify exactly the length of time the statute would be tolled. Later developments also do not support reconsideration....
2024.02.20 Motion in Limine 082
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.20
Excerpt: ...ontesting petitions of Michael Velcherean (“Respondent”) to admit various wills, seek to exclude documents they first saw when revealed for purposes of filing a joint exhibit list in December 2023. Trial is scheduled to start May 28, 2024. As discussed below, the Court does not find Contestants have shown either Respondent violated any discovery order, intentionally withheld documents or that they would be materia lly prejudiced to warrant an...
2024.02.20 Motion for Leave to Intervene 882
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.20
Excerpt: ..., as well as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundr...
2024.02.09 Renewed Motion in Limine to Exclude Evidence 845
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.09
Excerpt: ...trol Board on August 16, 2016 (the “Decision”), and any argument related to the Decision, from the evidence to be presented at trial. As part of the Renewed Motion, Defendants have also asked the Court to consider the application of collateral estoppel to the Decision, a topic which was previously considered by the Court in 2021/2022 in view of a Motion in Limine filed by Plaintiffs. The Court has reviewed the Renewed Motion, filed January 5,...
2024.01.08 Motions in Limine 820
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.01.08
Excerpt: ...laintiff's Motion in Limine No. 4: Re: Impeachment of Plaintiff's deposition testimony with record of auto claim Denied. Plaintiff's Motion in Limine No. 5: Re: Avoidable consequences rule not on point. No showing anything avoided by going to health insurance for medical assistance. Pebley v. Santa Clara Organics (2018) 22 Cal.App.5 th 1266 on point re: Plaintiff electing how treated. Granted. Plaintiff's Motion in Limine No. 10: Re: Dentist Jess...
2023.12.21 Motion for Leave to Intervene 882
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2023.12.21
Excerpt: ...ell as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundred wel...
2023.12.14 Motion for Summary Adjudication 820
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2023.12.14
Excerpt: ...tractual indemnity (after having bifurcated the cross-complaints for contractual indemnity by order filed May 15, 2023.) The Court found that the indemnity provided in the agreement between Owner (“WBCMT”) and General Contractor (“Prime”) (for a construction project at the shopping center in Northridge) was a “general” indemnity clause…which would be construed to provide indemnity for a loss resulting in part from an indemnitee's �...
2023.12.13 Motions in Limine 082
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2023.12.13
Excerpt: ...g-Chao Huang and Mei Jung Lin (“Contestants”) seek to exclude any evidence that controverts matters Michael Velcherean aka Remus Velcherean (“MV”) admitted in response to Contestants' First Set of Requests for Admission; specifically, RFA Nos. 23, 24, 29, 31, 32 ,41, 42, 59 and 83 in, as well as “deemed” admitted in response to RFA Nos. 95 through 114 in Contestants' Fourth Set of RFAs, pursuant to an order filed December 3, 2021 (“...
2023.11.22 OSC Re Lift Stay 455
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2023.11.22
Excerpt: ...umkin (“Blyumkin”) to dismiss this case for recognition of a foreign judgment in favor of plaintiff Bank Otkritie Financial Corporation (“Bank”). The motion was based upon the claim that recognition of the judgment would be a prohibited transfer of “blocked property,” under President Biden's Executive Order No. 14024 of February 24, 2022 related to transactions involving “blocked persons” who or which have affiliations with Russia...

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