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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 for Summary Judgment, Adjudication 937
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.29
Excerpt: ...on. Plaintiff alleges that in February 2021 she sent Defendants a demand letter stating her intent to sue Defendants for employment discrimination. (Compl., ¶ 11.) Shortly after receiving the demand letter, Defendants filed a lawsuit against Plaintiff alleging claims for defamation, intentional interference with contractual relations, intentional interference with prospective economic relations, unfair competition, breach of contract, and breach...
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...
2024.03.28 Motion to Compel Discovery, for Monetary Sanctions 867
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.28
Excerpt: ...fraudulently induced Plaintiff to make a loan on a real property investment and they failed to pay back a loan secured by a Gulfstream corporate jet. Plaintiff brings two motions to compel Defendant Niami's deposition attendance and response to document requests. The motions have different reservation numbers but otherwise appear to be duplicative of one another. The Court will refer to Plaintiff's filing as a motion (singular) for purposes of th...
2024.03.28 Motion to Compel Arbitration 810
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.28
Excerpt: ...laintiff and wrongfully terminated Plaintiff's employment, because of Plaintiff's cancer-related disability and/or medical condition. Defendants have filed a motion to compel arbitration. The Court had previously continued this motion for Plaintiff to have the opportunity to obtain discovery. Plaintiff filed no opposing memorandum to the motion to compel arbitration but did file evidentiary objections to two declarations. LEGAL STANDARD A party s...
2024.03.25 Motion to Continue Trial 832
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.25
Excerpt: ...lated dates. Plaintiff opposes the motion. LEGAL STANDARD Continuances of trial are disfavored and may be granted only on an affirmative showing of good cause. Cal Rules of Ct 3.1332(c). Circumstances that may show good cause include the substitution of trial counsel if there is an affirmative showing that the su bstitution is required in the interests of justice, or a party's excused inability to obtain essential discovery. Cal Rules of Ct 3.133...
2024.03.21 Motions to Set Aside Default, to Vacate Default 973
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.21
Excerpt: ...) , and Roof Supply G&F San Diego (“Defendant Roof Supply”) related to a roof construction project. Defendant Roof Supply filed a First Amended Cross-Complaint (“FACC”) against some of the Plaintiffs as well as Defendants Altura and Garcia. Defendant Garcia has filed a motion to set aside entry of default. Plaintiffs have not opposed the motion. Separately, Defendant Roof Supply has filed a motion to set aside entry of default, which incl...
2024.03.18 Demurrer 876
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.18
Excerpt: ...; 5. Harassment In Violation Of Gov't Code §§ 12940 Et Seq.; 6. Retaliation In Violation Of Gov't Code §§ 12940 Et Seq.; 7. Failure To Prevent Discrimination, Harassment, And Retaliation In Violation Of Gov't Code § 12940(K); 8. Violation Of The Ralph Civil Rights Act (Civil Code § 51.7); 9. Violation Of The Tom Bane Civil Rights Act (Civil Code § 52.1); 10. Retaliation (Lab. Code §§ 232.5, 1102.5 And 1102.6); 11. Wrongful Termination In...
2024.03.15 Demurrer, Motion to Strike 007
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.15
Excerpt: ... from working with defendants' products containing crystalline silica. The causes of action are: 1) Negligence; 2) Strict Liability – Warning Defect; 3) Strict Liability – Design Defect; 4) Fraudulent Concealment; 5) Breach of Implied Warranties; and 6) Loss of Consortium. This tentative ruling addresses motions filed by two of the defendants. First, Defendant CAESARSTONE USA, INC. (“Caesarstone”) demurrers to each claim of the Complaint ...
2024.03.14 Demurrer, Motion to Strike 253
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.14
Excerpt: ...wful Business Practices (Bus. & Prof. Code 17200 et. seq.); 2. Failure to Pay Minimum Wage; 3. Failure to Provide Meal Breaks; 4. Failure to Provide Rest Periods; 5. Labor Code Section 203 Wages; 6. Labor Code 226 Damages; and 7. Wrongful Termination in Violation of Public Policy. Defendants demur to the FAC and move to strike allegations regarding appointment of a receiver. Plaintiffs oppose as addressed below. LEGAL STANDARD Demurrers are to be...
2024.03.14 Demurrer 785
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.14
Excerpt: ...nvey three parcels of land to Plaintiff in violation of a written settlement agreement between the parties. Plaintiff's First Amended Complaint (“FAC”), filed on 8/28/2023, alleges claims against Defendant for: (1) Breach of Contract/Specific Performance of Contract; (2) Quiet Title; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Declaratory Relief; (5) Nuisance; and (6) Negligent Interference with a Prospective Econom...
2024.03.12 Motion to Compel Deposition, for Sanctions 114
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.12
Excerpt: ...anctions. Plaintiff opposes the motion and seeks sanctions. LEGAL STANDARD Section 2025.450(a) provides that after service of a deposition notice, if a party fails to appear without service of a valid objection, the party giving the notice may move for an order compelling the deposition. A motion to compel deposition attendance m ust include a declaration showing that the moving party inquired about the nonappearance. CCP §2025.450(b)(2). “Imp...
2024.03.06 Demurrer 122
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.06
Excerpt: ...ile attending a game on August 20, 2021. Defendant LOS ANGELES DODGERS LLC (“Defendant”) brings a demurrer to the single cause of action for violation of the Unruh Act. Plaintiff opposes the demurrer. Defendant correctly argues that the Unruh Act claim is time -barred under the two- year statute of limitations (Code Civ. Proc., § 335.1) because the face of the Complaint shows that Plaintiff's claim accrued on August 20, 2021, but he did not ...
2024.02.29 Motion for Summary Judgment 192
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.29
Excerpt: ...ent Filed on October 13, 2014 in Case No. 05A01698 (CCP 473). Background In this case, plaintiff NAREK AROUTYNYAN (“Plaintiff') seeks to quiet title and for other relief against Defendants BAG FUND, INC. and JASON LYNN (“Defendants”) in connection with a property located at 8943 Telfair Avenue, Los Angeles, and owned by Plainti ff. In its Cross-Complaint, Defendant Bag Fund, Inc. (“Defendant Bag Fund”) seeks declaratory relief and unjus...
2024.02.28 Motion to Strike or Tax Costs 675
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.28
Excerpt: ...KMAN and JUDITH LORRAINE RYCKMAN (“Plaintiffs”) brought this case against Defendants LAURA DREXLER and DAVID DREXLER as Trustees of the Drexler Trust (“Drexler Defendants”), and the Drexlers' attorney Michael Schwimer (“Schwimer”) (Drexler D efendants and Schwimer collectively referred to herein as “Defendants”), to preclude enforcement of sanctions orders issued in a separate case between Plaintiffs and the Drexler Defendants. Sc...

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