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2024.05.06 Motion to Compel Arbitration 986
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.06
Excerpt: ...that they entered into a “Gamer Agreement” (“Agreement”) with Respondent, providing for Petitioners to competitively coach or play for the XSET team for Valorant—a video game released by Riot Games. Paragraph 19 of the Standard Terms & Conditions to the Agreement contains an arbitration clause. Respondent allegedly refused to pay Petitioners their share of revenue related to the Valorant game. Petitioners then filed demands for arbitrat...
2024.05.03 Motion to Compel Arbitration and Stay Action 314
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.03
Excerpt: ...tion has the burden of proving by a preponderance of evidence that a valid arbitration agreement exists. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842; see also § CCP 1281.2. A party meets its initial burden simply by reciting the terms of the governing provision, or by attaching a copy of the provisions. Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793. Once the petitioner meets its burden, “the burden shifts to the p...
2024.05.03 Motion for Summary Adjudication 694
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.03
Excerpt: ...aintiffs move for an order summarily adjudicating that Defendant is liable on the First Cause of Action for Breach of Contract, for at least $6,000.00. Defendant opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “plaintiff . . . has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action.” Code Civ. Proc., § 437c(p)(...
2024.05.02 Demurrer, Motion to Strike FAC 104
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.02
Excerpt: ... based on alleged substandard conditions at Plaintiffs' apartments, which are managed by Defendant. The causes of action in the First Amended Complaint (“FAC”) filed on 10/25/23 are: 1) Negligent Violation of Statutory Duty; 2) Intentional Violation of Statutory Duty; 3) Tortuous Breach of Warranty of Habitability; 4) Breach of Covenant of Quiet Enjoymen t; 5) Nuisance; 6) Negligence; 7) Intentional Infliction of Emotional Distress; and 8) Co...
2024.05.01 Motion for Judgment on the Pleadings 246
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.05.01
Excerpt: ...oyed as Cafeteria Manager IIs with Defendant ABC Unified School District (“ABC School District”). In this case, Plaintiffs allege that ABC School District paid them less than other male employees in similar jobs, and Plaintiff Montenegro alleges that ABC School District discriminated against her based on her disability (torn meniscus in her left knee) and refused to reasonably accommodate her disability. Plaintiffs' FAC alleges claims against...
2024.04.30 Demurrer to FAC 130
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.30
Excerpt: ... orally requested a loan forbearance. Also, the purported Trustee, Integrated Lender Services, relates to no existing substitution of trustee. The causes of action in the First Amended Complaint (“FAC”) are: 1) Violation of Civ. Code § 2923.5; 2) Violation of Civ. Code § 2924(a)(1); 3) Violation of Civ. Code § 2924.9; 4) Wrongful Foreclosure; 5) Interpleader Pursuant to Code Civ. Proc. §386, Civ. Code §§ 2924j and 2924k; 6) Unfair Busin...
2024.04.29 Motion for Summary Judgment, Adjudication 486
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.29
Excerpt: ...ts”) alleging, among other claims, a claim for declaratory relief in connection with a Partnership Agreement and Operating Agreement pur portedly entered into between Plaintiff and Darlene J. Upchurch-Friedman for properties located on La Brea Avenue and W. Jefferson Boulevard in Los Angeles (the “Property”). Defendants' Cross-Complaint alleges claims against Plaintiff for trespass, intentional interference with prospective economic relatio...
2024.04.26 Motion for Leave to File FAC 194
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.26
Excerpt: ...t of Quiet Enjoyment, (4) Breach of the Implied Warranty Of Habitabili ty - Civ Code §1941.1, (5) Intentional Infliction of Emotional Distress, (6) Intentional Misrepresentation (Civ Code§1709), (7) Abuse of Process, (8) Landlord Retaliation (Civ. Code § 1942.5), (9) Violation Of Bus. & Prof. Code § 17200 et. seq., Unlawful, Fraudulent and Unfair Business Acts and Practices, and (10) Negligence. Plaintiff now seeks leave to file a proposed Fi...
2024.04.26 Demurrer to FACC 653
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.26
Excerpt: ...ient utilities, structural defects, and deficient security. Cross -Defendant/Cross -Complainant INGENIOUS ASSET GROUP, INC. (“Ingenious”) filed a First Amended Cross -Complaint (“FACC”), alleging that it was harmed by Plaintiffs and the new property owners due to their failure to timely correct the habitability issues that allegedly existed during or before the property transfer on 3/4/20. Plaintiffs demur to the First, Fourth, Fifth and ...
2024.04.25 Motion to Compel Compliance with Demand for Physical Exam, for Monetary Sanctions 389
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.25
Excerpt: ...) arising from alleged childhood sexual abuse perpetrated against Plaintiff by a teacher at a school owned by Defendant. Defendant served a demand for a physical exam of Plaintiff pursuant to Code of Civil Procedure Section 2032.220 and Plaintiff served an objection to the demand, stating that Plaintiff refused to submit to the exam. Defendant now moves for an order compelli ng Plaintiff to submit to the physical exam as stated in the demand. Def...
2024.04.23 Motion for Summary Adjudication 457
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.23
Excerpt: ...reach of a written subcontract between the parties and Onni's alleged failure to pay Precision for pr oducts it provided to Onni, all in connection with Precision's work as a subcontractor at the real property located at 6933 Santa Monica Blvd., Los Angeles (the “Property”). Precision, which recorded a mechanics lien against the Property, has also sued RLI INSURACE BOND (“RLI”) to recover from the lien release bond the amount stated in th...
2024.04.23 Motion for Leave to File FAC, to Seal Confidential Records 895
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.23
Excerpt: ...dant NK are general partners of the Group 48 limited partnership, which is controlled by Defendant Hogan. Plaintiffs and Defendants entered into this agreement in connection with the development of the Century Plaza Hotel (the “Project”). On 2/6/24, the Court granted Defendants' motion for judgment on the pleadings with leave to amend only with respect to the three causes of action in the Complaint (rescission -frustration of purpose; breach ...
2024.04.22 Special Motion to Strike 583
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.22
Excerpt: ... services. (Compl., ¶ 1, Ex. A.) Defendant allegedly breached the contract by publishing behind-the-scenes videos of her work on social media accounts, without written permission as required by the contract. ( Id., ¶¶ 3, 11.) Plaintiff further alleges that Defendant admitted to breaching the contract at her deposition in another case. ( Id., ¶ 4, Ex. B.) Defendant now moves to strike the Complaint pursuant to Code of Civil Procedure Section 4...
2024.04.18 Motion to Set Aside Default, Judgment 218
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.18
Excerpt: ... default entered on 1/19/23 because the motion was untimely under Code of Civil Procedure Section 473(b). The Court entered the default judgment against Defendant on 3/19/24. The Court then de nied Defendant's ex parte application to set the default judgment and entry of default. Defendant now brings a noticed motion to set aside the default judgment and entry of default pursuant to Code of Civil Procedure Sections 473(d) and 473.5, as well as th...
2024.04.17 Motion to Vacate Order Granting Motion for Summary Judgment 079
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.17
Excerpt: ...ty”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quiet Title; (3) Cancellation of Instrument; (4) Declaratory Relief; (5) Violation of Regulation Z of the Truth in Lending Act; and (6) Fraud. On 2/6/24, the Court denied Plaintiffs' ex parte applicatio...
2024.04.17 Motion for Summary Judgment 406
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.17
Excerpt: ...h an option to purchase 2115 N. Upper Krest St., Los Angeles. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (“DMIF”) had foreclosed on a second d eed of trust. Also, Defendant DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC (CLE) as a strawman or alter ego. Plaintiff's causes of action are: 1) Fraud; 2) Violation Of Anti-Harassment Or...
2024.04.16 Motion for New Trial 348
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.16
Excerpt: ...he summary judgment hearing so that the Court could first consider Plaintiff's motion to amend the complaint. Plaintiff now moves f or a new trial under Code of Civil Procedure Section 657(1). (Plaintiff's notice of intention to move for new trial also states that Plaintiff moves for new trial under Code of Civil Procedure Section 657(7), but that code section is not referenced in the memorandum of points and authorities or the reply brief.) Defe...
2024.04.15 Motion for Sanctions 350
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.15
Excerpt: ...ent owed under a lease with non-party HYUNDAE CAR WASH, INC. The cause of action is Breach of a Personal Guaranty. Plaintiffs bring a motion requesting the Court impose terminating or evidentiary sanctions, and $2,760.00 in monetary sanctions, because Defendants did not comply with the Court's 2/7/24 order compelling responses to Plaintiffs' form interrogatories. Defen dants oppose the motion. LEGAL STANDARD Ultimate discovery sanctions are justi...
2024.04.15 Motion for Reconsideration 260
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.15
Excerpt: ...e, electrical, emission, structural, and transmission system defects, which caused dangerous driving conditions. The causes of action are: 1. Violation of Song-Beverly Act - Breach of Express Warranty; 2. Violation of Song- Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; and 4. Negligent Repair. Defendants moved to compel arbitration based on the arbitration clause in the clause in the Retail Instal...
2024.04.11 Motion to Transfer Venue and to Stay, for Attorney Fees 588
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.11
Excerpt: ..., discriminated against Plaintiff due to his disability. Defendants move for an order transferring this case to Ventura County, and requiring Plaintiff's counsel to pay $5,385.00 to Defendants. Plaintiff opposes the motion. LEGAL STANDARD A defendant seeking a change of venue has the burden to show facts justifying transfer of venue. Mission Imports, Inc. v. Sup. Ct . (1982) 31 Cal.3d 921, 929. The defendant must negate all possible bases for pro...
2024.04.11 Motion for Preliminary Approval of Class Action Settlement 589
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.11
Excerpt: ...eeks an order for preliminary approval of a class action settlement. The settlement class consists of approximately 57 current and former exempt Production Managers, and/or hourly employees of Defendant in California. The agreement would provide them with an overall value of $610,000.00. LEGAL STANDARD Judges are to apply an appropriate standard of review of PAGA case settlements, by inquiring whether settlements are “‘fair, adequate, and rea...
2024.04.10 Motion to Compel Further Responses 837
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.10
Excerpt: ...n Of Documents, Set One. Plaintiff On Point Builders, Inc.'s Motion To Deem Requests For Admissions As Admitted Or, Alternatively, To Compel Defendant Las Palmas Silver, LLC's Further Responses To Request For Admission, Set One. Background Plaintiff and Cross -Defendant ON POINT BUILDERS, INC. (“On Point”) bring this case against Defendant and Cross -Complainant LAS PALMAS SILVER, LLC (“Las Palmas”) and Defendant DAVID PARTIEL for claims ...
2024.04.09 Motion for Summary Judgment, Adjudication 409
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.09
Excerpt: ... of action are: 1. Forcible Entry; and 2. Forcible Detainer. Defendant has filed a motion requesting summary judgment against Plaintiff, or summary adjudication of the Affirmative Defense of Abandonment. Plaintiff opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “defendant . . . has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of...
2024.04.09 Motion for Summary Judgment, Adjudication 154
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.04.09
Excerpt: ...y judgment on its claims, or summary adjudication of the following issues: 1) Defendant Sanderson's obligation under the parties' lease agreement to pay rent to Plaintiff between April 2020 and December 2020 was not excused due to the COVID-19 pandemic and resulting government orders; 2) Defendant Sanderson abandoned the Premises on November 25, 2020; and 3) Defendant Sanderson's fixed- term lease for the premises expired on December 31, 2020. Pl...
2024.03.29 Motion to Compel Deposition of PMQ 639
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.29
Excerpt: ... alleged substandard conditions at the commercial property Plaintiffs leased from Defendant. Defendant has filed a motion to compel Plaintiffs' deposition attendance and document production, and requests monetary sanctions, contending that Defendant met and conferred with Plaintiffs about deposition dates, but Plaintiffs failed to attend. Plaintif fs oppose the motion and request monetary sanctions, arguing that informal discovery efforts and mee...

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