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2024.04.09 Demurrer, Motion to Strike 321
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.09
Excerpt: ...LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to para. 78 and prayer at 2 and 4. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 95 and prayer at 8. BACKGROUND On May 28, 2021, plaintiff Thelidria Calhoun, in and through her successor -in -interest Dimitria Calhoun, filed a complaint against Torrance Memorial Medical Center, Transitional Care Unit, Kindred Hospital Southbay, and Memorial Hospita...
2024.04.05 Demurrer, Motion to Strike 226
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.05
Excerpt: ...osition, and reply papers. RULING The demurrer is OVERRULED as to the second and fourth causes of action in the complaint. Defendants City of Los Angeles and Los Angeles World Airports are ordered to file an answer within twenty days. The motion to strike is DENIED. BACKGROUND On July 6, 2023, plaintiffs Tiffany Abraham, individually and as guardian ad litem for Cash Abraham and Cali Abraham and as successor in interest of Cristopher James Abraha...
2024.04.04 Demurrer, Motions to Strike 697
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.04
Excerpt: ...mplaint (2) Demurrer to Cross -Complaint (3) Demurrer to Cross -Complaint (4) Demurrer to Cross -Complaint (5) Motion to Strike (6) Motion to Strike (7) Motion to Strike (8) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrers to the second, third, and seventh causes of action in the cross -complaint are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The demurrer to the eighth cause of action is OVERRULED. ...
2024.04.04 Demurrer 540
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.04
Excerpt: ...May 16, 2023, plaintiff Christine Rush filed a complaint against Brant Griffin for premises liability based on a slip and fall on April 24, 2021. Plaintiff alleges that she was a guest at defendant's property in Palm Springs to celebrate a birthday. On the night of the incident, plaintiff arrived at the property around 10:00 p.m. and took her dog outside to relieve itself. Plaintiff's dog wandered into the swimming pool and began to drown. Plaint...
2024.04.02 Motion for Judgment on the Pleadings 015
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.02
Excerpt: ...ING The motion for judgment on the pleadings is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On July 14, 2021, plaintiffs Latasha Beard, Cheyanne Smith, and Marissa Smith filed a complaint against (1) Breitburn Operating LC, (2) Maverick Natural Resources, (3) Breitburn Energy LP, and (4) Marmac Resources Company for (1) negligence, (2) intentional infliction of emotional distress, (3) civil nuisance, and (4) trespass to land based on harm cau...
2024.03.28 Motion to Compel Further Responses 573
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.28
Excerpt: ...ion to Compel Further Responses to Inspection Demands, Set One (as to 4229 W. 101 st Street Associates) (3) Motion to Compel Further Responses to Inspection Demands, Set One (as to 4200 West Century Associates) The court considered the moving, opposition, and reply papers. RULING The motions to compel further responses to defendant's inspection demands, set one are GRANTED. Nominal defendants 4223 Associates, 4229 West 101 st Street Associates, a...
2024.03.28 Motion to Compel Arbitration and Stay All Proceedings 606
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.28
Excerpt: ...d to Stay All Proceedings The court considered the moving and joinder, opposition, and reply papers. RULING The motion is GRANTED. The action is STAYED pending arbitration. Plaintiff's Request for Judicial Notice of the Complaint filed in this action is DENIED as unnecessary. The operative pleading is always before the Court for proper use in the case. Defendant's Request for Judicial Notice is DENIED. An Observation about Superior Court Decision...
2024.03.28 Demurrer, Motion to Strike 927
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.28
Excerpt: ...t and second causes of action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND as to para. 16 and prayer for punitive damages. BACKGROUND On September 6, 2023, Jean C. McDonald filed a complaint against Mardu Inc. for (1) elder abuse and (2) negligence. LEGAL AUTHORITY Demurrer When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of L...
2024.03.28 Demurrer, Motion to Expunge Lis Pendens, for Attorney Fees 328
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.28
Excerpt: ...rer is OVERRULED as to the first and second causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the third and fifth causes of action. BACKGROUND On August 11, 2023, plaintiff Enjoyor Technology Co., Ltd. filed a petition against Xin Li and Wei Lai Development LLC for recognition of foreign money judgment and complaint for fraudulent transfer. The proofs of service filed August 18, 2023 indicate that defendants were personally served ...
2024.03.27 Motion for Judgment on the Pleadings 843
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.27
Excerpt: ...he court considered the moving, opposition, and reply papers. RULING The motion for judgment on the pleadings is DENIED as to the first, second, and fourth causes of action and GRANTED WITH 20 DAYS LEAVE TO AMEND as to the sixth cause of action. BACKGROUND On September 22, 2022, plaintiffs Robert W. Mathews, by and through his attorney in fact, Norbert Rock, and Norbert Rock filed a complaint against Palm Consulting Services, Inc. and Amity Care ...
2024.03.26 Motion to Compel Further Responses 571
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.26
Excerpt: ...cuments, Set One The court considered the moving, opposition, and reply papers. RULING As to plaintiff's Requests for Production of Documents, Nos. 1 -14, the motion is GRANTED. Although the court finds that defendant's responses are code- compliant, it is unclear whether defendant has produced responsive documents and a privilege log. Defendant is ordered to produce responsive documents and a privilege log within 20 days. As to Nos. 15-29 and 30...
2024.03.25 Motion to Set Aside Default 732
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.25
Excerpt: .... The default entered on February 27, 2024 against defendant Derek Leroy Turner is vacated. Defense counsel is ordered to pay $100 to plaintiff's counsel in reasonable compensatory legal fees and costs. Defendant is to file a responsive pleading forthwith. BACKGROUND On November 9, 2023, plaintiff Abel Ramirez filed a complaint against defendants LAZ Parking California, LLC and Derek Leroy Turner for negligence based on an incident where plaintif...
2024.03.25 Petition to Correct Arbitration Award 157
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.25
Excerpt: ...BACKGROUND On April 12, 2023, petitioners Jacob and Courtney Schkud filed a petition to correct arbitration award against respondent Dale Firman. LEGAL AUTHORITY “Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determines that: . . . (b) The arbitrators exceeded their powers but the award may be corrected without affecting the merits o...
2024.03.22 Motion to Compel Further Responses 972
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.22
Excerpt: ...pposition, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE as to plaintiff's motion to compel further responses to plaintiff's request for production of documents, set one, Nos. 16- 21 and 49-51 relating to civil penalty to be conducted in a “phase 2,” after determination of d efects in the subject vehicle. The Court is ordering the case bifurcated for both discovery and trial. In phase one the parties shall try the basic Song...
2024.03.21 Motion to Compel Responses 096
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.21
Excerpt: ... to Special Interrogatories (Set One) (3) Motion to Compel Responses to Request for Production of Documents (Set Two) (4) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents (5) Motion to Compel Responses to Special Interrogatories (Set One) (6) Motion to Compel Responses to Request for Production of Documents (Set One) The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED to the e...
2024.03.21 Motion to Compel Further Responses 318
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.21
Excerpt: ...NG The motion is DENIED. BACKGROUND On November 22, 2022, plaintiff S.W. filed a complaint against defendants Ginder Marshall, M.D., an individual, and Ginder Marshall, M.D., a professional corporation for (1) sexual assault and battery, (2) IIED, (3) medical battery, (4) failure to obtain informed consent, and (5) negligent misrepresentation. On April 27, 2023, the court overruled defendants' demurrer as to the 1st and 2nd causes of action and s...
2024.03.21 Demurrer to FAC, Motion to Strike 208
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.21
Excerpt: ...rrer to FAC (2) Motion to Strike The court considered the moving and opposition papers. RULING The demurrer to the first, second, third, and fourth causes of action in the FAC are OVERRULED. The motion to strike is DENIED. Defendants are ordered to file an answer within 20 days. BACKGROUND On September 30, 2021, plaintiffs Esperanza Asberry, Samuel L. Asberry, Jr., and Candis Ashberry aka Candis Asberry, ind. and as heirs and successors in intere...
2024.03.20 Motion for Leave to Amend Complaint 492
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.20
Excerpt: ...e court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Cross-complainant Kiewit is ordered to file its FACC within five days. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez filed a wrongful death and survival action complaint against City of Los Angeles, CST Industries, Inc., CST Covers Industries, Inc., Kiewit Construction, Inc. for (1) dangerous condition of public property, (2) strict p...
2024.03.19 Motion for Terminating Sanctions 172
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.19
Excerpt: ...rminating sanctions is GRANTED. The complaint filed on November 7, 2022 is DISMISSED WITH PREJUDICE. BACKGROUND On November 7, 2022, plaintiff Austin Brennan filed a complaint against City of Culver City and Minerva Rodriguez for motor vehicle negligence. Plaintiff alleges that on January 14, 2022, City of Culver bus driver Rodriguez did not yield the right of way to pedestrian plaintiff who was traveling on a bicycle. As a result of a failure to...
2024.03.19 Demurrer to SAC 711
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.19
Excerpt: ...urrer to the third, fourth, fifth, and sixth causes of action in the SAC is OVERRULED. Defendants are ordered to file answers within twenty days. BACKGROUND On August 18, 2022, plaintiff filed a complaint against defendant Doe 1 and Does 2 through 25 for (1) negligence as to District, (2) negligent hiring, retention, and supervision as to District, (3) negligence as to Does 2 through 25, and (4) negligent hiri ng, retention, and supervision as to...
2024.03.18 Demurrer, Motion to Strike, to be Relieved as Counsel 856
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.18
Excerpt: ... (1) Demurrer (2) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrer to the First, Second, and Fourth Causes of Action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The motion to strike is DENIED and is moot in light of the ruling on the demurrer. BACKGROUND On June 13, 2023, Lonnie Lee Gipson and Betty Gipson, ind. and as guardian ad litem of Lonnie Lee Gipson, filed a complaint again...
2024.03.18 Demurrer 066
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.18
Excerpt: ...9, 2023, plaintiff Zula Tucker Living Trust, Fred Tucker, trustee (self -represented) filed a complaint against County of Los Angeles, County of Los Angeles Board of Supervisor, and County of Los Angeles Tax Assessor for breach of contract. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests...
2024.03.15 Motion to Bifurcate Trial 123
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.15
Excerpt: ...ntiffs Robert Nantz, Jr., in and through his successor in interest Barbara Nantz, and Barbara Nantz Motion to Bifurcate Trial Into Two Phases to Determine (1) Liability and Compensatory Damages and (2) Punitive Damages The court considered the moving, opposition, and reply papers. (Plaintiff's “Opposition” agrees that bifurcation is appropriate but addressed some issues related to the specifics of the manner in which the bifurcated trial woul...
2024.03.15 Demurrer, Motion to Strike 098
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.15
Excerpt: ...e Second Amended Complaint received on November 20, 2023 is deemed filed. The “Fourth Amended Complaint” received on December 4, 2023 is rejected. The demurrer to “claim for negligent infliction of emotional distress and vicarious liability” is OVERRULED. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to exemplary and punitive damages in the SAC. Defendants are ordered to file an answer within 20 days to the SAC, which is the o...
2024.03.15 Demurrer 512
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.03.15
Excerpt: ...INED WITH FIVE DAYS LEAVE TO AMEND. BACKGROUND On December 19, 2022, plaintiff Jack Chueng dba Three -C Co (self -represented) filed an unlawful detainer complaint against David Tran and Vortex Alliance based on a three- day notice to perform covenants or quit dated June 30, 2021 at the property at 14909 South Crenshaw Blvd., #201, Gardena, CA 90249. On March 3, 2023, the court granted defendant Vortex's motion to quash service of summons and com...

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