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2023.08.10 Motion to Compel Arbitration and Dismiss Complaint 414
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.10
Excerpt: ... provides an online platform through which third parties can sell products. Plaintiff Eric Mendoza created a third party seller account on Amazon, under the name “Works Concepts, Inc.”, which sells automotive parts and accessories. (Compl., ¶8.) All third party sellers must accept and agree to Amazon's Business Solutions Agreement (“BSA”) as a condition for selling on Amazon.com. (Lake Decl. ¶¶4-5.) The BSA contains a mandatory arbitra...
2023.08.10 Motion for Reconsideration 209
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.10
Excerpt: ...arises from a dispute between two former partners in a venture capital business called Zuma Partners. (Compl. ¶2.) Plaintiff David Carter claims that Defendant Yuan Shi misappropriated his name, photograph and likeness to launch a new venture capital fund called AI List. (Compl. ¶3.) Defendant allegedly raised money for his new fund by using Plaintiff's identity to raise money from many of the same investors who had invested with Zuma Partners....
2023.08.04 Motion to Transfer and Coordinate Actions 492
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...is action, Plaintiff Edgar Meinhardt alleges Defendants 1 misrepresented the terms of a home loan, including the amount of the loan, and then wrongfully foreclosed on his home (the “LA action”). The property at issue is located at 10936 Pacific View Drive, Malibu, California in Ventura County (the “Property”). Meinhardt alleges sixteen causes of action for (1) violation of Civil Code §2923.5, (2) wrongful foreclosure, (3) set aside forec...
2023.08.04 Motion to Enforce Settlement Agreement 401
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...ndants Luis Soliz and Picasso Aquariums, LLC BACKGROUND Plaintiff Soma Surgery Center owns a saltwater aquarium with exotic and expensive fishes. It hired Defendants Luis Soliz and Picasso Aquariums, LLC to clean the tank. Plaintiff claims that while cleaning the tank over the course of several days, Defendants turned off the filters, which also turned off the tank's oxygen. Plaintiff expressed concern to Defendants that the fishes were being dep...
2023.08.04 Motion for Summary Judgment 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...ita Medina BACKGROUND This is a premises liability claim. Plaintiff Margarita Medina fell on a sidewalk and parkway abutting property owned by Defendant Heather Village Home Owners Association (“HOA”). On September 6, 2020, Plaintiff was dropped off by Spencer Wray, an employee of the City of Culver City, adjacent to 6449 Green Valley Circle, which is owned by the HOA. Wray is a co-defendant in this case. Plaintiff is disabled and requires a ...
2023.08.04 Motion for Judgment on the Pleadings on SACC 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...SPONDING PARTY: Defendants and Cross-Plaintiffs Bagram and Susanna Mardirossian BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Ca...
2023.08.04 Motion for Good Faith Settlement 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...PONDING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) BACKGROUND Adrine Mekertichian was struck by a car and died while crossing Pacific Coast Highway to dine at a restaurant. Plaintiff, the Estate of Adrine Mekertichian, has sued the driver (Sharon Barry), the restaurant (Moonshadows Malibu, Inc.), Caltrans, and the...
2023.08.02 Motion to Vacate Order Compelling Case to Arbitration 324
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.02
Excerpt: ...ACKGROUND This case arises from an employment dispute. Plaintiff Daryll Agustin filed his complaint against Defendant Douglas Emmett Inc., alleging 12 causes of action including various wage and hour violations, retaliation, wrongful termination, intentional infliction of emotional distress and negligent hiring, supervision and retention. The parties then entered into a joint stipulation submitting the matter to arbitration. The Court ordered Pla...
2023.08.02 Motion to Deem RFAs Admitted 840
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.02
Excerpt: ...LLC RESPONDING PARTY: Defendant Cinetel Films, Inc. BACKGROUND This action arises from a landlord-tenant dispute. Plaintiff Flynt Management Group LLC and Defendant Cinetel Films, Inc. entered into a sublease agreement for commercial premises located at 8484 Wilshire Blvd, Suite 850 C, Beverly Hills California 90211. Defendant defaulted on the sublease by failing to pay back rent in the sum of $161,090.20. Plaintiff has brought a single claim for...
2023.08.01 Request for Entry of Default Judgment 773
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.01
Excerpt: ... owns her home located at 1207 Beverly Estates Drive, Beverly Hills, California 90210 (the “Bral Property”). Defendants Khosrow Shoumer and Fariba Shoumer, individually and as trustees of the Shoumer Trust, own the property next door, located at 1211 Beverly Estates Drive, Beverly Hills California 90210 (the “Shoumer Property”). In 2020, Defendants began construction on the Shoumer Property. During construction, Defendants' contractors en...
2023.08.01 Motion for Summary Judgment, Adjudication 176
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.01
Excerpt: ...KGROUND This action arises from a landlord-tenant dispute. Plaintiff WW Westwood, L.P. (“Landlord”) owns the property located at 10921 Wilshire Blvd, Los Angeles California. (Undisputed Material Fact (“UMF”) No. 1.) Defendant Ebi Nikjoo D.D.S. (“Tenant”) leases Suite 601 of the property (the “Property”) pursuant to a written lease agreement (the “Lease”). (UMF 3.) Tenant operates a general dentistry practice at the Property. (...
2023.08.01 Demurrer, Motion to Strike 518
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.01
Excerpt: ...ate Inc. and Jonah Wilson RESPONDING PARTY: Plaintiffs Joanna Scapa Anavim and Glauco Lolli-Ghetti BACKGROUND This case arises from the purchase by Plaintiffs Joanna Anavim and Glaubo Lolli-Ghetti of a home located at 9476 Readcrest Drive, Beverly Hills, California 90210 (the “Property”) for over $5,000,000. Plaintiffs have sued the seller of the home (Alana Kagan) and the seller's agent (Hilton & Hyland Real Estate Inc. and Jonah Wilson). Pl...
2023.07.31 Demurrer to Complaint 224
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.31
Excerpt: ...hmadi Family Trust BACKGROUND This action stems from a landlord-tenant dispute. Anne B. Mirhamadi Trust (“Landlord”) entered into a written lease (“Lease”) with Defendant Patricia Sakai (“Tenant”) for property located at 1479 Carla Ridge, Beverly Hills, California 90210 (the “Property”). Landlord claims past due rent of $165,000. Landlord did not attach a copy of the Lease to the Complaint. Landlord served Tenant with a 3 day noti...
2023.07.28 Motion to Strike or for Protective Order 535
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.28
Excerpt: ...FOR PROTECTIVE ORDER BACKGROUND This case arises from a dispute among the shareholders of Defendant Wholesale Direct Metals (“WDM”), a business that sells precious metals to the public. WDM is a closely held corporation with, at one point, only five shareholders. (Hawley Decl. ¶ 5.) The shareholders had a long and contentious relationship. ( Id. ) After almost ten years in business together during which there was constant hostility, animosit...
2023.07.28 Demurrer, Motion to Strike FAC 036
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.28
Excerpt: ...damage restoration company. Plaintiff Victor Alexandroff's home sustained water damage. (First Amended Complaint (“FAC”) ¶17.) He hired Defendant D&A Endeavors Inc. dba ServPro of Beverly Hills/Westwood to perform cleaning and restoration services and to prepare estimates that Plaintiff could then use to file a claim with his insurer. (FAC ¶¶19-21.) Plaintiff alleges that Defendant's estimates were so “poorly contrived” and full of err...
2023.07.28 Demurrer, Motion to Strike Amended Complaint 601
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.28
Excerpt: ...it and Nana Tatiboit, N.T., K.T. and J.T. minors through guardians ad litem David Tatiboit and Nana Tatiboit BACKGROUND This case arises from a landlord-tenant dispute. Plaintiffs David Tatiboit, Nana Tatiboit and their minor children rent an apartment at Marina 41, located at 4139 Via Marina, Marina del Rey, California (the “Property”). (First Amended Complaint (“FAC”) ¶ 7.) Defendant Equity Residential Management LLC owns, operates, ma...
2023.07.27 Motion to Vacate Entry of Default 429
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.27
Excerpt: ... Santorini Property, LLC BACKGROUND This case arises from a dispute over alleged construction defects. Plaintiff Santorini Property LLC entered into a written contract with Defendant M.W. Higgins Construction Inc. for construction services on a property located at 10560 Clarkson Road, Los Angeles, California 90064 (the “Property”). Plaintiff alleges Defendant failed to (1) perform in a competent manner all necessary work as identified under t...
2023.07.27 Motion for Summary Adjudication 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.27
Excerpt: ...ndant Casa Gateway Homeowners Association BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Casa Gateway Homeowners Association (“...
2023.07.25 Motion for Leave to File Complaint 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.25
Excerpt: ...), which asserts causes of action for (1) violation of Government Code sections 815.2 and 820, (2) violation of Civil Code section 2100, (3) premises liability, (4) general negligence, and (5) products liability against several defendants, including Defendant the City of Culver City (“Defendant”). This matter arises from Plaintiff falling on a sidewalk, while being transported by Defendant's driver. On June 30, 2023, Defendant filed the insta...
2023.07.25 Demurrer 252
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.25
Excerpt: ...ndant the Bel Air Hotel (“Defendant”). This matter arises from Plaintiff being banned from Defendant's hotel. On June 22, 2023, Defendant filed the instant Demurrer. There is no opposition to the Demurrer. Demurrer Standard 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.¿�...
2023.07.21 Motion to Compel Arbitration and Stay Proceedings 874
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.21
Excerpt: ...s action against Defendant LYFT, INC. (“Defendant”), alleging two causes of action for general negligence and motor vehicle negligence based on an auto accident that occurred on or about January 18, 2023. On June 16, 2023, Defendant filed the instant motion to compel arbitration. No opposition has been filed. On, July 14, 2023, Defendant filed a notice of non-opposition. Motion to Compel Arbitration Standard Parties may be compelled to arbitr...
2023.07.20 Motion to Compel Deposition 619
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.20
Excerpt: ...ffs”) filed a Complaint for breach of a written lease against Defendant Paola Joice Miller (“Defendant”). On May 18, 2023, the Court held an IDC with regards to the subject Motion, where Defendant failed to appear, and the Court found Plaintiffs had satisfied their requirement to bring the instant Motion. On June 12, 2023, Defendant filed the Motion to Compel Defendant's Deposition. There is no opposition to the Motion. Motion Compel Deposi...
2023.07.17 Motion for Reconsideration 240
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.17
Excerpt: ...al services to Plaintiff Cecil Elmore by Defendants Abbas Eftekhari D.D.S. and Eftekharis D.D.S., Inc. dba United Dental Care. Plaintiff alleges Defendants allowed employees who were unlicensed to perform dental procedures on Plaintiff. As a result, Plaintiff claims he suffered “injuries to the inside of his mouth” and “negative mental medical conditions.” The operative complaint alleges claims for general negligence and intentional tort ...
2023.07.14 Motion for Summary Judgment, Adjudication 429
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.14
Excerpt: ...ion arises from an employment dispute. Defendant Tuition.io, Inc. (“Tuition”) provides a web based platform helping student borrowers organize and manage their student loan debt. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff John Doe worked at Tuition as a web developer and later a senior software developer, from April 21, 2015 to May 4, 2018. (UMF Nos. 2, 102.) Defendant Bob Wall was hired as V.P. of Engineering on October 2, 2017....
2023.07.14 Motion for Stay of Proceedings 127
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.14
Excerpt: ... Mirai for $64,897.63 from Defendant Sullivan Motors, LLC dba Toyota Santa Monica (“Dealer”). (Compl. ¶ 6.) Defendant Toyota Motor Sales U.S.A. Inc. (“Toyota”) is the warrantor and distributor of the car. (Compl. ¶ 1.) The car is hydrogen powered, meaning its fuel tank holds liquid hydrogen which is used to power an electric motor. (Compl. ¶ 7.) The car was advertised as having a range of over 400 miles on a single tank of hydrogen. (C...

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