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2024.05.06 Motion for Summary Adjudication 494
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.06
Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...
2024.05.03 Motion for Summary Adjudication 494
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.03
Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...
2024.05.03 Demurrer 738
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.03
Excerpt: ...of the Christine O'Donovan Trust, and Frank McHugh- O'Donovan Foundation Inc. On November 6, 2023, Frank McHugh-O'Donovan Foundation Inc. (“Defendant”) filed a demurrer. Plaintiffs did not file a timely opposition. At the February 26, 2024 hearing, the Court continued the hearing. Later, Plaintiffs filed an opposition. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of (1) a July 16, 2008 grant deed conveying the ...
2024.05.02 Motion to Strike 866
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.02
Excerpt: ...rom childhood sexual abuse. On August 17, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER The parties' requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].) A demurrer for sufficiency tests whether the complaint s...
2024.05.02 Motion to Strike 690
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.02
Excerpt: ...rom childhood sexual abuse. On August 25, 2023, Defendant filed a demurrer and a motion to strike. DEMURRER The parties' requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].) A demurrer for sufficiency tests whether the complaint s...
2024.05.02 Motion to Set Aside, Vacate Default, Request for Entry of Default Judgment 459
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.02
Excerpt: ...deh's motion for terminating sanctions and entered default against Defendant Schuster Land Corp. The Court found willful discovery abuse when prior evidentiary and monetary sanctions were ineffective, and Defendant did not submit any pretrial documents for the Final Status Conference. On March 12, 2024, Defendant filed a motion to set aside/vacate default with a motion to seal. On March 15, 2024, Plaintiff filed a request for entry of default jud...
2024.04.30 Motion for Protective Order 836
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.30
Excerpt: ...istian Arturo Llamas. On March 25, 2024, Plaintiff filed a motion for protective order for the depositions of Plaintiff's principals (Jessica Llamas and Claudia Llamas) and the production of documents at the depositions. Upon a showing of good cause, the Court may issue a protective order to protect a party or deponent from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) Th...
2024.04.30 Motion for Extension of Time to File Attorney Fee Motion 816
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.30
Excerpt: ...on and against Defendant Verb Technology Company, Inc. On February 23, 2024, Plaintiff filed a Motion for Extension of Time to File Attorney Fee Motion and Cost Memorandum. Plaintiff seeks relief under Code of Civil Procedure section 473, subdivision (b) and the Rules of Court. A memorandum of costs must be filed on or before the earliest of (A) 15 days after a written Notice of Entry of Judgment, or (B) or within 180 days after entry of judgment...
2024.04.30 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.30
Excerpt: ...erties Inc. and Cassandra Chase, and on August 3, 2023, it filed a first amended complaint (“FAC”). On November 13, 2023, Defendants filed a demurrer, and on November 15, 2023, they filed a motion to strike. REQUEST FOR JUDICIAL NOTICE Defendants ask the Court to take judicial notice of the records of 2633 Manning Cheviot Hills LLC v. Cassandra Chase and Chase N' Properties Inc. (Case No. 19LBSC03130). The request is granted. Plaintiff asks t...
2024.04.30 Demurrer, Motion to Strike 077
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.30
Excerpt: ...C filed this action (Case No. 22STCV28077) against Green Court Investors LP, Infinity Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. On July 20, 2023, Infinity Plumbing Inc. and Marco Marquez filed a first amended cross - complaint (“FACC”) against Green Court Investors LP, KLS Financial LLC, and Kim Shapiro. On August 2, 2023, Green Court Investors LP, KLS Financial LLC, and Kim Shapiro filed a demurrer and motion to strike Infinity...
2024.04.25 Motion to Compel Production of Docs, to Deem RFAs Admitted 727
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.25
Excerpt: ...tion against Defendant BMW of North America LLC, and on September 25, 2023, he filed a first amended complaint. Plaintiff propounded discovery on November 20, 2023. (Pascal Decl. ¶ 3.) Defendant did not timely respond by December 20, 2023. (Pascal Decl. ¶ 4.) Plaintiff's counsel met and conferred with Defendant's counsel, but Defendant never provided responses. (Pascal Decl. ¶¶ 5- 9.) On January 29, 2024, Plaintiff filed a motion to compel De...
2024.04.23 Demurrer, OSC Re Sanctions 452
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.23
Excerpt: ...ges breach of lease and account stated. On November 30, 2023, Defendant filed a demurrer. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars -Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) “Because a demurrer chall...
2024.04.23 Motion to Consolidate Cases 800
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.23
Excerpt: ...haun Sharabi, Trace Rucarean, Patrick Butler, Michael Cavaleri, and Jeremy Nicholson. This case was later related to fifteen other cases: 24STCV02767, 24STCV02782, 24STCV02797, 24STCV02805, 24STCV02933, 24STCV02935, 24STCV02936, 24STCV02937, 24STCV02942, 24STCV02950, 24STCV02955, 24STCV02961, 24STCV02968, 24STCV03051, and 24STCV03097. On March 29, 2024, Defendants filed a motion to consolidate. PROCEDURAL ISSUES A Notice of Motion containing a li...
2024.04.23 Motion for Attorney Fees 892
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.23
Excerpt: ... reached a settlement in this Song -Beverly action. On February 26, 2024, Plaintiffs filed a motion for attorney fees. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees and expenses. (Civ. Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This inquiry “begins with t...
2024.04.23 Motions to Tax Costs 285
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.04.23
Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...
2024.03.22 Motion for Judgment on the Pleadings 046
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.22
Excerpt: ...n against Defendants Cole Matthew Harris and Ying Chen. The Complaint alleges (1) fraud, (2) aiding and abetting fraud, (3) breach of fiduciary duty, (4) aiding and abetting breach of fiduciary duty, (5) civil conspiracy, and (6) unjust enrichment. On October 18, 2023, Harris (“Defendant”) filed an answer. On October 6, 2023, Defendant filed a motion for judgment on the pleadings. DISCUSSION A motion for judgment on the pleadings is the funct...
2024.03.21 Motions to Compel Further Responses 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.21
Excerpt: ...s severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On February 26, 2024, Defendant Jamison Realty Advisors LLC filed a motion to compel Plaintiff's further responses to Requests for Admissions and Form Interrogatories (CRS #: 442576881556). Defendant filed a separate Joint Statement for each category of discovery. On February 27, 2024, Defendants Central Plaza LLC and Jamison Services Inc. filed a motion ...
2024.03.21 Motion to Strike 503
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.21
Excerpt: ...he court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any 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. (Code Civ. Proc., § 436, subds. (a)-(b).) Defendants seek to strike portions of paragraphs 35, 43, 57, 69, and 79, which repeat the same allegations: �...
2024.03.21 Motion for Preliminary Injunction 862
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.21
Excerpt: ...3) trespass, (4) private nuisance, and (5) injunctive relief. On February 20, 2024, Plaintiff filed a motion for preliminary injunction. The Court does not rule on Plaintiff's objections to Defendant's declaration because Plaintiff did not meet her burden, so the Court did not rely on Defendant's declaration. LEGAL STANDARD “Trial courts traditionally consider and weigh two factors in determining whether to issue a preliminary injunction. They ...
2024.03.21 Motion for Approval of PAGA Settlement 064
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.21
Excerpt: ..., and Mohammad A. Siddiqui for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendants will pay a Gross Settlement Amount of $39,000.00. Of that amount, one-third will be paid as attorney fees ($13,000.00), up to $1,491.00 will be paid as costs/expenses, and up to $3,150.00 will be paid to a settlement administrator. (Messrelian Decl., Ex. 1 [�...
2024.03.21 Demurrer 020
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.21
Excerpt: ...sed on violations of Health & Safety Code section 25249.6 et seq. On July 3, 2023, Defendant filed a demurrer. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of several documents. Exhibit A (Complaint in this case): Denied as unnecessary because this document is already part of the case's record. Exhibit B (Final Statement of Reasons 27 CCR (formerly 22 CCR) Safe Drinking Water and Toxic Enforcement Act of 1986): Den...
2024.03.19 Motion to Compel Further Responses 767
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.19
Excerpt: ...lia MD. On November 30, 2023, Plaintiff filed a motion to compel further responses. According to Plaintiff, “As a matter of calendaring, this motion was original[ly] scheduled for December 28, 2023. Thereafter it was continued by court to February 13 2024. There was no notice that the motion will be heard or continued to March 19 2024.” (Reply at p. 1.) Not so. Plaintiff's motion originally noticed a March 19, 2024 hearing date. On December 2...
2024.03.19 Motion to Compel Further Responses 564
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.19
Excerpt: ...e of Taking Deposition of Defendant Downey Unified School District's Person Most Knowledgeable and Fact Witness Principal Tom Houts and Request for Production of Documents (“RFPs”) on Defendant Downe y Unified School District. (Baldermann Decl. ¶ 6 Ex. 5.) On January 8, 2024, Defendant served objections. (Baldermann Decl. ¶ 7 & Ex. 6.) After meeting and conferring, Plaintiff filed a motion to compel further responses RFP No. 4 on February 2...
2024.03.19 Motion for Financial Discovery 325
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.19
Excerpt: ... and Angela Diaz. Trial is scheduled for April 22, 2024, bifurcated into two phases: Phase One for liability and Phase Two for punitive damages. On February 22, 2024, Plaintiff filed a motion to allow discovery of Defendants' financial conditions to support punitive damages. “An award of punitive damages hinges on three factors: the reprehensibility of the defendant's conduct; the reasonableness of the relationship between the award and the pla...
2024.03.18 Request for Entry of Default Judgment 630
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.18
Excerpt: ...t Defendant on January 22, 2024. On January 26, 2024, Plaintiff filed this request for entry of default judgment. Plaintiff seeks a judgment of $20,264.00, consisting of $16,000.00 in damages, $3,750.00 in attorney fees, and $514.00 in costs. Counsel provides a declaration supporting the request for attorney fees. (Knowles Decl. ¶¶ 12 -13.) The amount of costs is also reasonable, and according to the memorandum of costs, they are allowable. “...

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