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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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