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2024.05.16 Motion to Set Case for Trial and Advance Case for Trial 319
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.16
Excerpt: ...ult and default judgment. Defendant's answer was filed the same day. No further action is reflected on this case's docket. On March 5, 2024, Plaintiff Adel Tanious filed a motion to set the case for trial for a date before August 1, 2024. According to Plaintiff, because he filed this action on August 1, 2019, trial must be set before August 1, 2024 to avoid dismissal. (Motion at p. 4; see Code Civ. Proc., § 583.310.) Defendant argues that “Pla...
2024.05.16 Demurrer, Motion to Strike 934
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.16
Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. 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...
2024.05.16 Motion to Compel Further Responses 501
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.16
Excerpt: ...Lands Nathanson for various items in Request For Production, Set One and Request For Production, Set Two. A. Defendant Must Pay One Additional Filing Fee. Defendant's single motion seeks to compel production pursuant to two different sets of RFPs. Each category of discovery should have been filed as a separate motion, with separate filing fees and hearing reservations. Despite being scheduled as only one motion and one hearing, the total substanc...
2024.05.14 Motions to Compel Further Responses 426
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.14
Excerpt: ...f Noemi Ceja for Form Interrogatories and Special Interrogatories (Reservation ID 042773476684); (2) a motion to compel further response s from Plaintiff Carlos Figueroa for Form Interrogatories and Special Interrogatories (Reservation ID 678564236875); and (3) a motion to compel further responses from Plaintiff Dominique Santana for Form Interrogatories and Special Interrogatories (Reservation ID 994477943824). Each motion also requests sanction...
2024.05.14 Motion for Summary Judgment 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.14
Excerpt: ...onal injury action. Plaintiff later identified Defendant Doe 1 as Jamison Services Inc. (“Jamison Services”), Doe 2 as Central Plaza LLC (“Central Plaza”), and Doe 3 as Jamison Realty Advisors LLC (“JRA”). On July 24, 2023, JRA filed a motion for summary judgment, or in the alternative, summary adjudication. On November 30, 2023, Jamison Services and Central Plaza filed a motion for summary judgment, or in the alternative, summary adj...
2024.05.14 Motion for Attorney Fees 174
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.14
Excerpt: .... The Court entered judgment on May 8, 2023. On July 7, 2023, Defendant filed a motion for attorney fees. Defendant seeks $184,251.00 in attorney fees. A. The Motion is Not Premature. Plaintiff argues that the motion is premature because an appeal is pending. (Opposition at pp. 4- 5.) However, “the filing of a notice of appeal does not deprive the trial court of jurisdiction to award attorney fees as costs post trial. Although a prevailing part...
2024.05.14 Demurrer to FACC 627
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.14
Excerpt: ...Living Berryman Avenue LLC, and others. On January 11, 2024, Family Living Vineyard Avenue LLC, Family Living Avenue 53 LLC, and Family Living Berryman Avenue LLC (collectively, “Cross -Complainants”) filed a first amended cross -complaint (“FACC”) against Lindon Shiao, Cohaus LLC, Young Min Chun, and Sung Ki Min (collectively, “Cross -Defendants”). On February 9, 2024, Cross -Defendants filed a demurrer. REQUEST FOR JUDICIAL NOTICE C...
2024.05.09 Motion for Summary Judgment, Adjudication 445
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.09
Excerpt: ...opez. On February 14, 2024, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication. Defendants did not file any oppositions. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice of Debtor's Motion for Voluntary Dismissal of Chapter 13 Case filed in the United States Bankruptcy Court for the Central District of California – Riverside Division, In Re Yoel Lopez and Lucia Yaneisis Ruizaday, Debtor...
2024.05.07 Demurrer, Motion to Strike, for TRO, Preliminary Injunction 900
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.07
Excerpt: ...ATIVE] ORDER DENYING WITH PREJUDICE MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTIONS Dept. 48 8:30 a.m. May 7, 2024 On June 1, 2023, Plaintiff Dylan Scott Perry (“Plaintiff” or “Perry”) filed this action against Defendant Walt Disney Company dba Twentieth Century Studios (“Defendant” or “Disney”), relating to alleged death threats through their show “American Dad!”, stalki ng, and breaking into his phone a...
2024.05.07 Demurrer 449
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.07
Excerpt: ...nt Walt Disney Company dba Twentieth Century Studios (“Disney”), alleging a violation of his Civil Rights, as outlined in the Declaration of Independence, including his ri ght to Liberty and the Pursuit of Happiness. On September 8, 2023, Defendant Disney 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, court...
2024.05.07 Demurrer to FAC, Motion to Strike 392
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.07
Excerpt: ...23 Dept. 48 8:30 a.m. May 7, 2024 On May 22, 2023, Plaintiff Dylan Scott Perry (“Plaintiff”) filed a Complaint against Defendant Walt Disney Company (“Defendant”). On June 1, 2023, Plaintiff filed a First Amended Complaint titled as “Petition for Threats made by The Walt Disney Company.” The Complaint alleges that The Walt Disney Company used its show “American Dad!” to threaten to murder him, his father, and his girlfriend. On Ju...
2024.05.07 Motion for Protective Order, to Compel Further Responses, to Strike Answer 653
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.07
Excerpt: ...nesthesia deposed Raymond Ghermezian, the principal of Defendant Raymond Ghermezian APLC. On December 29, 2023, Defendant filed a motion for protective order. Defendant seeks an order that Plaintiff retain and pay for a discovery referee at any future depositions. On January 17, 2024, Plaintiff filed a motion to compel further answers and production of documents. Plaintiff seeks an order for the further deposition of Raymond Ghermezian and for a ...
2024.05.07 Motion for Summary Adjudication 334
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.07
Excerpt: ...ateen. On February 13, 2024, the Court granted Plaintiff's motion for leave to file an amended complaint that would cure the defects in identifying the causes of action on the caption page. On February 14, 2024, Defendants filed a motion for summary adjudication. On February 20, 2024, Plaintiff filed a fourth amended complaint (“4AC”). CAUSES OF ACTION The TAC's caption page—and Defendants' motion—identify the causes of action as (1) disa...
2024.05.07 Motion to Set Aside or Vacate Dismissal 631
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.07
Excerpt: ...ed default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023 the Court denied Plaintiff's requests for entry of default judgment without prejudice. The April 11, 2023 Order also stated: “If the Plaintiff is unable to obtain a Default Judgment, the Court may Dismiss the action. (See Code of Civil Procedure §§583.410, 583.420, subd.[a][2][B]; California Rules of Court, Rule 3.1340[a].)” On September 19, 2023, the Court ag...
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 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...
2024.04.23 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 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...
2024.03.22 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 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...
2024.03.19 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 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...
2024.03.18 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. “...
2024.03.15 Motion for Summary Adjudication 494
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.15
Excerpt: ...oshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc., JSB Holdings LLC, and James S. Bekhor. Plaintiffs dismissed and James S. Bekhor on October 20, 2021. On December 12, 2023, Plaintiff Joshua Sawicki filed a motion for summary adjudication of Defendants' contractual duties and the second cause of action for specific performance. [1] Sawicki seeks an order requiring Defendants to satisfy their contractual ob...
2024.03.14 Motion to Continue Trial 697
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.14
Excerpt: ...rystal Vartaniana, and Nark Vartanian filed this medical malpractice action against Defendants Sarah Badran M.D. and Children's Hospital Los A ngeles. On September 19, 2023, Plaintiffs substituted Children's Hospital Los Angeles Medical Group (“CHLAMG”) for Doe 1. On October 6, 2023, Plaintiffs dismissed Children's Hospital Los Angeles. On January 8, 2024, CHLAMG filed a motion to continue trial, and on January 9, 2024, CHLAMG filed a demurre...
2024.03.14 Motion to Compel Deposition of Non-Party Witness, for Protective Order 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.14
Excerpt: ... action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On January 4, 2024, Plaintiff served a subpoena for the January 18, 2024 deposition of non-party Koen “Ken” Kim. (Compel Motion, Ex. 1.) On January 16, 2024, Kim filed a motion for protective order because participating in a deposition would be an undue burden at this time due to med...
2024.03.14 Motion for New Trial 031
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.14
Excerpt: ...Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. The SAC alleges (1) breach of fiduciary duty; (2) fraud; (3) violations of Corporations Code section 25401; and (4) declaratory relief. On April 28, 2023, Defendants filed a motion to dismiss or stay the action. At the November 21, 2023 hearing, the Court concluded that, based on the limited evidence, it was unclear whether the offer to sell securities...
2024.03.12 Motion to Compel Further Responses 057
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.12
Excerpt: ...dant Community Care Rehab Center LLC. On June 19, 2023, Defendant served its unverified and allegedly deficient responses to Form Interrogatories, Set One. After meeting and conferring, Plaintiff filed a motion to compel further responses on August 31, 2023. Plaintiff seeks further responses to Form Rog Nos. 12.1 and 17.1. Defendant's sole ground for opposition is that Plaintiff's motion is deficient because she did not file a memorandum of point...
2024.03.12 Motion to Compel Arbitration 753
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.12
Excerpt: ..., 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Defendant's y Objections to Declaration of Plaintiff Juan Carlos Barahona are overruled. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the plaintiff to prove the falsity of the agr...
2024.03.12 Motion for Protective Order 209
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.12
Excerpt: ...d Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba Arat Jewelry; Tony Lee dba Lees Intern...
2024.03.12 Demurrer, Motion to Strike 694
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.12
Excerpt: ...ncies Act (“ICRAA”), (2) invasion of privacy, and (3) declaratory relief. Plaintiffs later named Defendant TransUnion Rental Screening Solutions Inc. as Doe 1. On August 11, 2023, Defendant filed a demurrer and a motion to strike. Plaintiffs' request for judicial notice of two other complaints in different actions is denied as irrelevant. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda ...
2024.03.07 Demurrer, Motion to Strike 825
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.07
Excerpt: ...“FAC”) against Defendants Tammy Y. Wade, Tammy Y. Wade for Serenity Inclusive Family Services LLC, Serenity Inclusive Family Service LLC, Crystal Diane Adams, Tranika Yvette Hickman, South Central Los Angeles Regional Center for Persons with Dev. Disabilities, Inc., Dexter Henderson, Cherylle Mallinson, Isaac Curtis, Monica Mahon, Jetta Turner, Evelyn Galindo, Janice Bloomer Buchanan, Janet Talford, Pamela Brownridge, Tameko Brownridge, Karen...
2024.03.07 Motion to Compel Discovery Compliance 627
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.07
Excerpt: ...bility company; AND DOES 1 - 100, Inclusive, Defendants. FAMILY LIVING VINEYARD AVENUE LLC, a limited liability company; FAMILY LIVING AVENUE 53 LLC, a limited liability company; FAMILY LIVING BERRYMAN AVENUE LLC, a limited liability company, Cross -Complainants. vs. COHAUS LLC, a limited liability company, YOUNG MIN CHUN, an individual, SUNG KI MIN, an individual, and LINDON SHIAO, an individual and ROES 1 -100, inclusive. Cross -Defendants. ) )...
2024.03.07 Motion to Compel Further Responses, for Monetary Sanctions 057
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.07
Excerpt: ...ONETARY SANCTIONS Dept. 48 8:30 a.m. March 7, 2024 On March 20, 2023, Plaintiff Tracyne Restrepo, by and through her Successor of Interest Catalina Szetela filed this action against Defendants Sun Mar Management Services; Community Care Rehab Center, LLC; Irving Bauman; and DOES 1- 250, inclusive for (1) elder abuse pursuant to the elder abuse and dependent adult civil protection act – Welfare and Institutions Code §§ 15600, et seq ; and (2) ...
2024.03.07 Motion to Compel Further Responses, for Sanctions 173
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.07
Excerpt: ...tion against Defendant General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On November 2, 2023, Plaintiff served Defendant General Motors LLC with a Request for Production of Documents, Set One. (Yashar Decl. ¶ 4; Exhibit 1.) Plaintiff seeks information regarding Plaintiff's vehicle, recalls and technical service bulletins for the Subject Vehicle, and similar complaints from consumers of the same year, make, a...
2024.03.07 Petition to Confirm Arbitration Award, Motion to Compel Arbitration 971
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.07
Excerpt: ...M ARBITRATION AWARD AND DENYING MOTION TO COMPEL ARBITRATION AS MOOT Dept. 48 8:30 a.m. March 7, 2024 On November 2, 2023, Plaintiff Jay Import Company, Inc. filed this action against Defendants Pixior, LLC and Seko Worldwide, LLC. On November 6, 2023, the Court denied an ex parte application by Plaintiff to enforce an arbitrator's temporary order made pursuant to Plaintiff's request for emergency relief under JAMS Rule 2(C) on procedural grounds...
2024.03.05 Motion to Strike Answer 658
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...for breach of contract and breach of implied warranty. On June 15, 2023, IPL filed a demurrer. IPL argued that this action is barred by res judicata and the parties' settlement agreement. On September 19, 2023, the Court overruled the demurrer and ordered IPL to file an answer within 10 days. On September 29, 2023, IPL North America (IPL NA) filed an answer. On October 23, 2023, plaintiff CWS filed the instant motion to strike IPL NA's answer. A....
2024.03.05 Motion to Continue Trial 999
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...is action against Forest Lawn Memorial -Park Association (“Forest Lawn”) and others. On October 21, 2022, Forest Lawn filed a first amended cross -complaint (“FACC”) against Weber and Shane Josef Weber alleging (1) breach of contract; (2) nuisance; (3) trespass; (4) fraudulent concealment; (5) implied equitable indemnity; (6) declaratory re lief (termination of Soil Agreement); and (7) declaratory relief (Weber subcontractor claims). On O...
2024.03.05 Motion to Compel Discovery Compliance 627
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...bility company; AND DOES 1 - 100, Inclusive, Defendants. FAMILY LIVING VINEYARD AVENUE LLC, a limited liability company; FAMILY LIVING AVENUE 53 LLC, a limited liability company; FAMILY LIVING BERRYMAN AVENUE LLC, a limited liability company, Cross -Complainants. vs. COHAUS LLC, a limited liability company, YOUNG MIN CHUN, an individual, SUNG KI MIN, an individual, and LINDON SHIAO, an individual and ROES 1 -100, inclusive. Cross-Defendants. ) ) ...
2024.03.05 Motion for Judgment on the Pleadings 039
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ... February 15, 2023, Plaintiff filed a First Amended Complaint against Los Angeles Unified School District and Does 2 through 25, inclusive, alleging Negligence and Negligent Hiring, Retention, and Supervision. On December 7, 2023, Defendant filed the instant motion for judgment on the pleadings. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of exhibits 1- 4, consisting of trial court orders and parties' filings in Jane Doe #...
2024.03.05 Demurrer 986
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...efendant Cannon Constructors South, Inc. for damages in subrogation. On March 23, 2023, Cross-Complainant Cannon Constructors South, Inc. filed a cross -complaint against Cross -Defendant GPS Painting & Wallcovering, alleging (1) Express Indemnity; (2) Implied Indemnity; (3) Equitable Indemnity; (4) Contribution; (5) Declarat ory Relief re Duty to Defend; (6) Declaratory Relief re Duty to Defend; and (7) Breach of Contract. On September 29, 2023,...
2024.02.27 Motion to Quash Subpoenas, to Compel Further Responses 735
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.27
Excerpt: ...ion against Defendants The Accelerated Schools and Johnathan Williams. Pending before the Court are two discovery motions. MOTION TO QUASH SUBPOENAS On November 7, 2023, Defendants served two subpoenas on Kaiser Permanente for Plaintiff's medical records (Department of Psychiatry) and billing records. On December 5, 2023, Plaintiff filed a motion to quash the subpoenas or for a protective order to limit the subpoenas. Plaintiff argues that the re...
2024.02.27 Motion to Compel Further Responses 494
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.27
Excerpt: ...THER RESPONSES Plaintiffs WC Insurance Agency LLC, Omni Safe Insurance Agency LLC, and Joshua Sawicki served various discovery requests on Defendants James S. Bekhor Insurance Services Inc. (“JSB Insurance”) and JSB Holdings LLC (“JSB Holdings”). (See Mankey Decl. ¶ 6 & Exs. 2, 5, 6, 9, 10, 12, 13, 15, 16, 18.) The parties granted each other extensions to respond and to file discovery motions. (See Mankey Decl. ¶¶ 7-8, 15; id., Ex. 25 ...
2024.02.27 Motion for Determination of Good Faith Settlement 902
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.27
Excerpt: ...nd others. On January 30, 2024, Defendant filed a motion for determination of good faith settlement. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) The court's approval of the settlement furthers two sometimes -competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the...
2024.02.26 Demurrer 738
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.26
Excerpt: ... as Trustee 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 any opposition. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of (1) a July 16, 2008 grant deed conveying the property from Frank McHugh as Trustee to Albany Investment Properties LLC; (2) an August 4, 2008 de...
2024.02.22 Motion to Compel Further Responses 144
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.22
Excerpt: ...this action against Defendant General Motors LLC arising from Plaintiffs' purchase of an allegedly defective vehicle. On February 23, 2023, Plaintiffs served Request for Production of Documents on Defendant. (Thomas Decl. ¶ 5.) On March 27, 2023, Defendant served responses, which Plaintiffs deemed insufficient. (Thomas Decl. ¶ 6.) After attempting to meet and confer (see Thomas Decl. ¶¶ 10- 16, 18, 21-22), Plaintiffs filed a motion to compel ...
2024.02.20 Demurrer 959
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.20
Excerpt: ...V LLC (“LAD- V”) and Volkswagen Group of America Inc. (“VW”), arising from Plaintiffs' purchase of an allegedly defective vehicle. On June 21, 2023, Defendants filed a 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. Cedar...
2024.02.15 Demurrer 621
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.15
Excerpt: ...ployment records. On September 25, 2023, Bella + Canvas LLC (“Cross -Complainant”) filed a cross - complaint against Tynan Leachman (“Cross -Defendant”), alleging fraud. On November 13, 2023, Cross -Defendant filed a 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, acc...
2024.02.15 Demurrer 209
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.15
Excerpt: ...l King Por Wong and Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba Arat Jewelry; Tony L...
2024.02.13 Motion to Strike 923
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.13
Excerpt: ...tion to strike punitive damages and granted Plaintiff 30 days' leave to amend. On November 9, 2023, Plaintiff filed a first amended complaint (“FAC”). On December 4, 2023, Defendant filed a motion to strike the FAC. The 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 w...
2024.02.13 Motion to Compel Further Responses 767
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.13
Excerpt: ...i filed this medical malpractice action against Defendant David E. Fermelia MD. On September 15, 2023, Defendant filed a motion to compel further responses. On November 30, 2023, Plaintiff filed a motion to compel further responses. MULTIPLE MOTIONS AND FILING FEES Defendant's single motion seeks to compel production pursuant to three discovery requests. Plaintiff's single motion seeks to compel production pursuant to two discovery requests. Each...
2024.02.13 Motion for Leave to File Amended Complaint, for Summary Judgment 795
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.13
Excerpt: ...hristina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendme...
2024.02.08 Demurrer, Motion to Strike 732
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.08
Excerpt: ...Frazee Law Group. The TAC alleges (1) professional misconduct; (2) breach of contract; (3) breach of contract; (4) breach of fiduciary duty; (5) breach of fiduciary duty; (6) conversion; (7) intentional misrepresentation; and (8) negligent misrepresentation. On October 2, 2023, Defendants filed a demurrer and a motion to strike. Defendants' request for judicial notice is denied as irrelevant. DEMURRER A demurrer for sufficiency tests whether the ...
2024.02.06 Motion to Compel Deposition of PMK 888
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.06
Excerpt: ...tive Group, LLC dba Hunter Dodge Chrysler Jeep Ram Fiat and HW Hunter Ram (“Hunter Dodge”). On December 11, 2023, Plaintiff filed a motion to compel the deposition of Hunter Dodge's PMK. If a party or an officer, director, managing agent, employee of a party, or person designated as the person most qualified to testify fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and produ...
2024.02.06 Demurrers, Motions to Strike 749
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.06
Excerpt: ...on Inc., Jiang Lin, and Ying Xiong. On June 13, 2023, each Defendant filed nearly identical demurrers and motions to strike. 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, ...
2024.02.02 Demurrers, Motions to Strike 749
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.02
Excerpt: ...on Inc., Jiang Lin, and Ying Xiong. On June 13, 2023, each Defendant filed nearly identical demurrers and motions to strike. 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, ...
2024.02.01 Motion for Deposition Testimony to be Taken Electronically Instead of Stenographically 210
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.01
Excerpt: ...a.m. Februar y 1, 2024 On January 4, 2024, Plaintiff Basilia Puerto (individually, and as Successor in Interest of decedent Javier Jaime Puerto) filed a Motion for Order that Deposition Testimony May Be Taken Electronically Instead of Stenographically. Plaintiff seeks an order that applies to all parties in this action. (See Motion at p. 2.) Cross-Defendant CHA Hollywood Medical Center LP opposes the motion. When taking a deposition, “[u]nless ...
2024.02.01 Motion for Summary Judgment 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.01
Excerpt: ... as Philmont Management Inc. On November 16, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. PROCEDURAL CONSIDERATIONS “Separate statements are required not to satisfy a sadistic urge to torment lawyers, but rather to afford due process to opposing parties and to permit trial courts to expeditiously review complex motions for [summary adjudication] and summary judgment to determine quickly and e...
2024.02.01 Motion to Compel Further Responses 077
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.01
Excerpt: ...ity Plumbing Inc. and Marco Marquez filed a first amended cross- complaint (“FACC”) against Green Court Investors LP and KLS Financial LLC (“KLS”). On July 21, 2023, KLS moved to compel Marquez's further responses to Request for Admissions, Set One (Nos. 1-8, 11) and Form Interrogatories, Set One (No. 17.1). A party may move to compel a further response to interrogatories or requests for admission if the demanding party deems an answer to...
2024.01.30 Motion to Compel Further Responses 077
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.30
Excerpt: ...amended cross- complaint against Green Court Investors LP (“Green Court”) and KLS Financial LLC (“KLS”). On July 21, 2023, KLS moved to compel KLS's further responses to Special Interrogatories, Set One, Nos. 1, 2, 3, 4, 5, 6, 9, 10 and 11. A party may move to compel a further response to interrogatories if the demanding party deems an answer to be evasive or incomplete, if an exercise of the option to produce documents is unwarranted or ...
2024.01.30 Motion for New Trial, to Tax Costs 261
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.30
Excerpt: ...dants AutoZoners LLC, AutoZone Inc., and AutoZone West LLC and against Plaintiff Richard Pastore. On November 30, 2023, Defendants filed a memorandum of costs. On December 6, 2023, Plaintiff filed a Notice of Intent to Move for New Trial, and on December 15, 2023, he filed this memorandum of points and authorities. Plaintiff also filed a motion to tax costs. MOTION FOR NEW TRIAL In ruling on a motion for a new trial after a court trial, the Court...
2024.01.30 Motion for Approval of Attorney Fee Payments 623
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.30
Excerpt: ...against the law firm Loeb and Loeb, LLP (“Loeb”) for professional negligence and breach of fiduciary duty in Loeb's prior representation of the Sage Entities in the Receivership Estate. On May 3, 2022, the Receiver and Loeb participated in a mediation and were able to reach a settlement in which Loeb agreed to pay the Receiver $450,000.00 and withdraw the Loeb Claim in the Receivership. (Moldo Decl. ¶¶ 12-13.) The Fee Agreement between the ...
2024.01.30 Demurrer 255
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.30
Excerpt: ...s LLC to the second amended complaint (“SAC”). On September 5, 2023, Plaintiffs Sok Hun Yun and Sun Yung Ahn filed a third amended complaint (“TAC”). On October 3, 2023, Defendants filed a demurrer to the second, third, and fourth causes of action. 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 liberal...
2024.01.29 Motion for Summary Adjudication 506
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.29
Excerpt: ...lex Livshetz and Regina Livshetz filed this action against Defendant Federal Insurance Company. On July 14, 2023, Plaintiffs filed a second amended complaint (“SAC”). The SAC alleges (1) breach of insurance contract; (2) breach of the implied covenant of good faith and fair dealing; (3) unfair business practices in violation of the Unfair Competition Law (“UCL”); and (4) breach of contract. On July 20, 2023, Defendant filed an answer to t...
2024.01.25 Motion to Compel Further Responses 781
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.25
Excerpt: ...ndant General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On February 27, 2023, Plaintiff served Request for Production of Documents on Defendant. (Yashar Decl. ¶ 2.) On April 24, 2023, Defendant served responses, which Plaintiff deemed insufficient. (Yashar Decl. ¶¶ 3-4.) After attempting to meet and confer (see Yashar Decl. ¶¶ 4-5), Plaintiff filed a motion to compel further responses on June 5, 2023. FI...
2024.01.25 Motion to Compel Further Responses 494
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.25
Excerpt: ...ed various discovery requests on Defendants James S. Bekhor Insurance Services Inc. and JSB Holdings LLC. (See Mankey Decl. ¶ 6 & Exs. 2, 5, 6, 9, 10, 12, 13, 15, 16, 18.) The parties granted each other extensions to respond and to file discovery motions. (See Mankey Decl. ¶¶ 7-8, 15; id., Ex. 25 at pp. 4-5.) On December 1, 2023, Plaintiff Joshua Sawicki filed a motion to compel further responses to discovery and for sanctions of at least $18,...
2024.01.25 Motion for Summary Judgment 191
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.25
Excerpt: ...Rosas and Nelly Melchor. Eddie Ramon Rosas was placed in default on June 8, 2023. On November 28, 2023, the Court set a December 14, 2023 hearing for Plaintiff's motion for summary judgment. Plaintiff did not file its motion before the December 14, 2023 hearing, so the Court continued the motion. Plaintiff filed its motion for summary judgment on December 26, 2024. Defendant Nelly Melchor did not file a written opposition before the Court posted ...
2024.01.23 Motion for Terminating Sanctions 925
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.23
Excerpt: ...nmaung. On October 10, 2023, the Court granted Plaintiff's unopposed motions to compel discovery and ordered Defendants to serve verified responses, without objection, to Form Interrogatories – General, Form Interrogatories – Employment, and Request for Production, Set One within 30 days. On November 27, 2023, Plaintiff filed a motion for terminating sanctions due to Defendants' failure to comply with the Court's October 10, 2023 discovery or...
2024.01.23 Demurrer, Motion to Strike 385
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.23
Excerpt: ...ty”), UNITE HERE Local 11, and Kevin De Leon, alleging (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) declaratory relief; (4) interference with contract; and (5) interference with prospective economic advantage. On July 28, 2023, City filed a demurrer to the first two causes of action and a motion to strike. REQUESTS FOR JUDICIAL NOTICE City's Request for Judicial Notice and Supplemental Request for Judic...
2024.01.18 Motion for Approval of PAGA Settlement 001
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.18
Excerpt: ...olow Construction, Inc. (“Defendant”) for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a Gross Settlement Amount of $42,500.00. Of that amount, up to $14,166.66 (33%) will be paid as PAGA Counsel Fees, up to $6,307.93 will be paid as PAGA Counsel Litigation Expenses, up to $3,000.00 will be paid as Administrator Expenses P...
2024.01.18 Motion to Dismiss for Failure to Prosecute 321
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.18
Excerpt: ... this action against Defendant VXI Global Solutions, LLC, (“Defendant”) asserting a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to the Defendant's violations of the Labor Code. On April 6, 2023, the Court granted Defendant's motion to compel arbitration. According to Defendant, Plaintiff has taken no other steps at this time, and Plaintiff's counsel has told this Court that he is unaware...
2024.01.18 Petition to Confirm Arbitration Award 409
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.18
Excerpt: ... award (the “Award”) finding in favor of Petitioner Hybe America, Inc. (“Petitioner”) and against Respondent Remark Holdings (“Respondent”) in the amount of $350,000.00 plus pre-judgment interest in the amount of $38,526.88 (calculated at 7 percent - $67.12 per day for 574 days from April 18, 2022 through November 13, 2023). Petitioner was also awarded 100 percent of its arbitration fees and expenses. On December 5, 2023, Petitioner f...
2024.01.16 Motion for Summary Judgment 318
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.16
Excerpt: .... On October 27, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. Plaintiff did not file an opposition. BACKGROUND FACTS On March 4, 2014, Plaintiff reported to Defendant that he was involved in an automobile accident on February 28, 2014. (Undisputed Material Facts “UMF” 1.) Plaintiff was insured under Defendant's Policy Number A2809077, which had Uninsured Motorist (“UM”) Coverage and Med...
2024.01.16 Motion for Leave to File Amended Complaint, for Summary Judgment 795
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.16
Excerpt: ...istina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendment...
2024.01.16 Motion for Approval of PAGA Settlement 375
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.16
Excerpt: ...s Medical Management Inc., and William A. Martinez 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 $150,000.00. Of that amount, $30,000.00 will be paid directly to PAGA Counsel and Plaintiff, leaving a PAGA Settlement Amount of $120,000.00. (Messrelian Decl., Ex. 1 at p. 5, ¶ 3.1.) From the PAGA...
2024.01.11 Motion to Clarify 999
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.11
Excerpt: ...mmary judgment or, in the alternative, summary adjudication (“MSA”). The Court denied the motion as to Plaintiff Weber Enterprise Trucking Corporation's First Amended Complaint (“FAC”). The Court granted summary adjudication of Forest Lawn's First Amended Cross-Complaint (“FACC”)'s sixth cause of action for declaratory relief regarding its termination of the Soil Agreement. On December 15, 2023, Weber filed a Motion by Plaintiff to Cl...
2024.01.11 Motion for Attorney Fees 901
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.11
Excerpt: ... have reached a settlement in this Song-Beverly action. On August 4, 2023, Plaintiff filed a motion for attorney fees. Defendants did not file an opposition. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil 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...
2024.01.11 Demurrer, Motion to Strike 401
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.11
Excerpt: ... La Colombe Holdings Inc., Rana Seabrook, and Isaiah Gutierrez. On August 8, 2023, Defendants filed a combined demurrer and motion to strike. “Motions to strike and demurrers should be filed as separate documents.” (Weil & Brown, Cal. Prac. Guide: Civil Procedure Before Trial (The Rutter Group June 2022 Update) ¶ 7:162.1.) DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal....
2024.01.09 Motion to Strike 095
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.09
Excerpt: ...ober 12, 2023, Defendant filed a motion to strike. The 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).) It appears that Defendant reused a Notice of Motion templa...
2024.01.09 Motion to Compel Deposition of Non-Party Witness, to Seal, for Determination of Good Faith Settlement 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.09
Excerpt: ... 4, 2024 On November 27, 2019, Plaintiff Hyung Koo filed this personal injury action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. MOTION TO COMPEL DEPOSITION OF NON-PARTY WITNESS On July 17, 2023, Plaintiff served a subpoena for the August 9, 2023 deposition of non- party Koen “Ken” Kim. (S. Kim Decl. ¶ 4 & Ex. 1.) On September 15, 20...
2024.01.04 Motion to Compel Deposition of Non-Party Witness 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.04
Excerpt: ... subpoena for the August 9, 2023 deposition of non- party Koen “Ken” Kim. (S. Kim Decl. ¶ 4 & Ex. 1.) On September 15, 2023, Plaintiff filed a motion to compel Kim's deposition. In addition to Kim being compelled to appear for deposition, Plaintiff seeks an order to show cause why Kim should not be held in contempt and an order providing a “failure to appear” notice informing Kim that the failure to appear in response to the court order ...
2024.01.02 Motion to Compel Deposition of PMK, to Deem RFAs Admitted 923
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.02
Excerpt: ...on against Defendant Long Spring Freight LLC and others. On October 6, 2023, Plaintiff served a Notice of Deposition of Defendant's Person Most Knowledgeable (“PMK”) and an Amended Second Set of Requests for Admission (“RFAs”) on Defendant. (Bressler Decls., Exs. 2.) On October 24, 2023, the Court denied Defendant's counsel's request to withdraw as counsel. Counsel had contended that he was unable to continue representing Defendant Long S...
2024.01.02 Motion for Leave to File Amended Complaint, Summary Judgment 795
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.02
Excerpt: ...tina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendment t...
2024.01.02 Motion for Determination of Good Faith Settlement 761
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.01.02
Excerpt: ... settlement with Plaintiff Hyung Koo. With that motion, Defendant also filed a Notice of Lodging and motion to seal records. If a motion requires reliance on confidential and/or lodged filings, the unredacted versions must be emailed to the department resource account at [email protected], in accordance with Department 48's Courtroom Information, available on the court's website (www.lacourt.org). Defendant did not originally follow these pro...

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