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2024.05.16 Special Motion to Strike 965
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.16
Excerpt: ... seek an order striking the following portions of the First Amended Cross -Complaint : (1) The purported first cause of action for breach of contract. (FAXC ¶¶ 20 -33. ) (2) The purported second cause of action for express indemnity. (FAXC ¶¶ 34 -39. ) (3) The purported third cause of action for declaratory relief. (FAXC ¶¶ 40 -44. ) (4) Page 4, lines 18 to 23 of the First Amended Cross -Complaint, which provides: “Cross -Defendants' inde...
2024.05.16 Motion for Protective Order 405
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.16
Excerpt: ... directly proves or disproves the elements of the causes of action pled in Plaintiff's Complaint, pur suant to CCP 2017.020, and/or (2) limiting or restricting the frequency/ extent/number of requests for admissions Plaintiff may utilize, pursuant to CCP 2033.080(a) and CCP 2019.030. Additionally, by this motion, Food 4 Less challenges Plaintiff's declaration of necessity used to justify more than 35 requests for admission under CCP 2033.050, pur...
2024.05.15 Motion for Protective Order 405
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.15
Excerpt: ...of documents/inspection demands to information/evidence that directly proves or disproves the elements of the causes of action pl ed in Plaintiff's Complaint, pursuant to CCP 2017.020, and/or (2) limiting or restricting the frequency/extent/number of requests for production of documents Plaintiff may utilize, pursuant to CCP 2019.030. Additionally, Food 4 Less requests an order imposing sanctions jointly on Plaintiff and her counsel of record, Ru...
2024.05.15 Demurrer 071
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.15
Excerpt: ...a Arasheben's (Plaintiff) tenancy at property located at 10780 Adora Ave., Unit A, in Chatsworth, California. Plaintiff alleges that she rented the property from Defendant and owner, Mark Nayfeld. The allegations in the complaint imply that Mark Nayfeld resided in a neighboring property and that conditions on that property caused the property where Plaintiff resided to become dangerous and infested with bugs, fleas, and bed bugs. Plaintiff allege...
2024.05.14 Motion for Protective Order 405
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.14
Excerpt: ...mation/evidence that proves or disproves the elements of the causes of action pled in Plain tiff's Complaint, pursuant to CCP 2017.020; and/or (2) limiting or restricting the frequency/extent/number of interrogatories Plaintiff may utilize, pursuant to CCP 2030.090(a) and 2019.030; and (3) by this motion, Defendant Alpha Beta Company dba Food 4 Less (Food 4 Less) challenges Plaintiff's declaration of necessity used to justify more than 35 interro...
2024.05.14 Demurrer, Motion to Strike 693
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.14
Excerpt: ...TY: Defendant Golden State Health Centers, Inc . RESPONDING PARTY: Plaintiff Melvin Rosales, individually and as heir and successor -in- interest to Enriqueta Raymond, decease d NOTICE: o k Demurrer is to the entire complaint : 1. Wrongful Death (Elder Abuse – Welfare & Institutions Code 15600, et seq.) 2. Violations of Elder Abuse Act (Welfare & Institutions Code 15600, et seq. – Survival Claim ) 3. Violations of Health & Safety Code 1430(b)...
2024.05.13 Demurrer to FACC 773
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.13
Excerpt: ...Retaliation in Violation of FEHA 12940(h) 4. Failure to Prevent Harassment, Discrimination, Retaliation 5. Intentional Infliction of Emotional Distres s RULING : The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY On 9/14/23, Alal, LLC dba Kei-Ai Los Angeles Healthcare Center (Kei- Ai) filed its complaint against Jim Rey and Blenda Rey (collectively, the Reys), two of Kei -Ai's former management employees, for:...
2024.05.09 Motion for Approval of PAGA Settlement 766
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.09
Excerpt: ...on arises out of Plaintiff Cam Luu's (Plaintiff) employment as a non- exempt employee with Defendants JV Property Management & Brokerage, Inc. (JVPM) and Noble Property Services, LLC (NPS) (collectively, Defendants) as an hourly leasing agent and concierge from approximately May 2021 until February 2022. (Complaint ¶1). On 3/2/22, Plaintiff gave written notice to the Labor Workforce and Development Agency (LWDA) and to Defendants of Plaintiff's ...
2024.05.09 Demurrer to FAC 693
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.09
Excerpt: ...nd Jennie Kizito NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 2923.5 2. Violation of Civil Code 2924.9 3. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 4. Cancellation of Written Instruments – Civil Code 3412 5. Breach of Contract RULING : The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of non-judici...
2024.05.08 Motion to Compel Further Responses 321
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.08
Excerpt: ...f Documents, Set 1, Nos. 22 -23, 25 -29, 32, 45 -46 and 48 -49. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,125.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease/purchase of a 2022 Honda CR -V (the Vehicle. Plainti...
2024.05.07 Demurrer, Motion to Strike FAC 194
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.07
Excerpt: ...f Vehicle Code 20001 – Hit -and - Run) RELIEF REQUESTED IN MOTION TO STRIKE: On order striking allegations in the 3 rd cause of action (¶65) regarding and the prayer (Prayer for Relief ¶3) for punitive damages in the First Amended Complaint. RULING : The demurrer is sustained without leave to amend. To the extent the motion to strike is not rendered moot by the ruling on the demurrer, it is granted without leave to amend. Answer is due within...
2024.05.06 Demurrer, Motion to Strike 811
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.06
Excerpt: ... e 4. Intentional Infliction of Emotional Distres s 5. Private Nuisance 6. Violation of Business & Professions Code 17200, et seq . RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 4 th cause of action (¶¶49 -53), the 6th cause of action (¶¶62 -68) and the prayers for relief related to the 4 th and 6 th causes of action (Prayer ¶¶9 -11, 15) . RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is ...
2024.05.03 Motion to Compel Discovery 724
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.03
Excerpt: ... hearing on the motion. Additionally, Defendant requests sanctions be imposed against Plaintiff and her attorneys of record in the amount of $511.50 ; (2) An order compelling Plaintiff Maria Pina to provide verified responses to Defendant Costco Wholesale Corporation's Request for Production of Documents, Set 1 (General) served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests san...
2024.05.02 Motion to Compel Deposition 321
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.02
Excerpt: ...5.230. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,490.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease of a 2022 Honda CR -V (the Vehicle) pursuant to a “Closed -Ended Motor Vehicle Lease Agreement – Californ...
2024.05.02 Demurrer, Motion to Strike FAC 526
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.02
Excerpt: ...g -Beverly Act – Civil Code 1793.2 4. Fraud 5. Violation of Business & Professions Code 17200 6. Negligent Repair RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer “For…exemplary or punitive damages… .” (Prayer, Item f, p.23:20). RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from Plaintiff Elya...
2024.05.01 Motion to Amend Judgment 151
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.01
Excerpt: ...ion against Defendant One876 Caribbean Restaurant, LLC (Defendant) for: (1) Failure to Provide Required Meal Periods (Labor Code 226.7, 510, 512, 1194, 1197; IWC Wage Orders); (2) Failure to Provid e Required Rest Periods (Labor Code 226.7, 512; IWC Wage Orders); (3) Failure to Pay Overtime Wages (Labor Code 510, 1194, 1198; IWC Wage Orders); (4) Failure to Pay Minimum Wages (Labor Code 1194, 1197; IWC Wage Orders); (5) Failure to Timely Pay Wage...
2024.05.01 Motion for Summary Judgment, Adjudication 293
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.01
Excerpt: ...iff). Alternatively, Right Choice requests summary adjudication of the following issues in its favor and against Plaintiff : Issue No. 1: Plaintiff's Cause of Action for Negligence against Right Choice has no merit because there is no triable issue of material fact supporting Plaintiff's claim, that Right Choice was the proximate cause of Plaintiff's injuries . Issue No. 2: Plaintiff's Cause of Action for Dependent Care/Elder Abuse has no merit b...
2024.05.01 Demurrer 185
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.01
Excerpt: ...sory Note 4. Breach of Guaranty 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Judicial Foreclosure of UCC -1 Lien 7. Interference With Contract 8. Accounting 9. Declaratory Relief RULING : The demurrer is overruled as to the 1 st, 7 th and 9 th causes of action and sustained without leave to amend as to the 5 th cause of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the sal...
2024.04.30 Motion to Strike 439
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.30
Excerpt: ...ages allegations against Defendant Garfield Beach CVS, LLC, erroneously sued and served as CVS Pharmacy, Inc. (CVS) from Plaintiffs' Estate of Anita Y. Raphael, through its personal representative Joseph Rogoff, Charlott e Marion Raphael, individually, through her conservator Joseph Rogoff (collectively, Plaintiffs) complaint. Specifically, CVS seeks to strike the following portions of Plaintiffs' complaint: (1) “punitive damages” at p.3, ¶1...
2024.04.30 Motion for Leave to File FAC 692
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.30
Excerpt: ...successor -in- interest to Decedent Stellina Parco, as plaintiff in place and stead of Decedent, and for an order allowing the filing of a First Amended Complaint . RULING : SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of a motor vehicle collision that occurred on 9/30/21. Plaintiff Stellina Parco was a passenger in one of the involved vehicles and suffered injuries as a result of the collision. On 6/24/22, Stellina Parco and he...
2024.04.29 Motion to Amend Judgment 979
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.29
Excerpt: ... against Defendants Amy Jam and Mohsen Haddad (collectively, Defendants) for unlawful detainer. On 8/15/23, after a court trial, the Court entered judgment in favor of Plaintiff awarding Plaintiff possession of the disputed real property, holdover damages of $62,500.00 and costs of $750.00 for a total monetary judgment of $63,250.00 . On 8/30/23, Plaintiff filed and served a memorandum of costs in the amount of $14,176.75 which Defendants did not...
2024.04.29 Motion for Judgment on the Pleadings 607
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.29
Excerpt: ... Defendants/Cross- Complainants Robert Goldberg and Kathleen Goldberg, Trustees of the Robert and Kathleen Goldberg Family Trust dated July 30, 2004 (the Goldbergs) and against Plaintiffs/Cross -Complainant s Anthony Scearce and Jeannene Scearce (the Scearces), as to the Scearces' cause of action to quiet title to a prescriptive easement over the Goldberg's property. RULING : The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY On 8/8/22, ...
2024.04.19 Petition for Relief from Government Code 087
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.19
Excerpt: ... occurred on 9/24/22 at Knollwood Country Club (Knollwood) located in Granada Hills, California. Petitioner Kevin Michael Chao (Petitioner) claims Knollwood is owned, operated, managed, and/or controlled by Respondent County of Los Angeles (Respondent). Petitioner alleges that on 9/24/22, while lawfully golfing at Knollwood, Petitioner was attacked by an unknown third -party aggressor, resulting in Petitioner suffering a broken jaw. On 8/18/23, P...
2024.04.19 Demurrer to FAC 468
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.19
Excerpt: ...1791.1, 1794, 1795.5 ) 5. Fraudulent Inducement – Concealment 6. Negligent Repair ( not alleged against Ford Motor Company ) RULING : The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maximilian Webb's (Plaintiff) purchase of a 2018 Ford F -150 (the Vehicle) on 1/14/19. Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...
2024.04.18 Motions for Attorney Fees 973
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.18
Excerpt: ...5.16(c), for an award of attorneys' fees and costs against Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz jointly and severally in the amount of $7,042.81. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Ze...

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