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2024.01.08 Motion to Quash Service of Summons 602
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.08
Excerpt: ...s personal jurisdiction over Defendant. Defendant is a distributor of quartz slabs supplied by a Vietnamese quartz manufacturer. Defendant is a Texas limited liability company with its principal place of business in Dallas. Defendant argues that it lacks sufficient ties with California for the Court to exercise general jurisdiction over Defendant and that Defendant has not purposefully availed itself of forum benefits for specific jurisdiction to...
2024.01.08 Demurrer 732
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.08
Excerpt: ...d on April 30, 2022. Plaintiff alleges that she is a credentialed member of the press and a transgender woman of color. (Comp., ¶ 10.) Plaintiff alleges that she was filming outside the Wilshire Boulevard Temple as a part of a journalistic piece that she was doing on the lack of congregants adhering to health mandates in relation to the global pandemic. (Comp., ¶ 11.) Plaintiff was filming a vehicle entering the property and standing at the pro...
2024.01.05 Motion for Summary Judgment, Adjudication 913
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.05
Excerpt: ...14, to the present in the position of Administrative Assistant I in Pasadena City College's (PCC) Office of Strategic Communications and Marketing. (UMF 1.) Plaintiff alleges that at the time of her hire, she was improperly placed at the lowest pay level for her position. (UMF 2.) Plaintiff alleges that she performed job duties outside of her job classification starting in September 2014. (UMF 3.) Plaintiff alleges that on December 10, 2014, and ...
2024.01.04 Demurrer to TAC 315
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.04
Excerpt: ... to be alleging that it entered into some type of agreement with Defendant Los Angeles County MTA (Defendant) for the usage of the Tap App in 2014. Plaintiff's Third Amended Complaint (TAC) does not include the specific terms of the agreement or have the agreement attached to the TAC. In Plaintiff's TAC, Plaintiff has sued Defendant along with Defendant's employees: Alvin Kusumoto, Evan Rosenberg, and Stephanie Wiggins. The TAC seems to include j...
2024.01.03 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.03
Excerpt: ...iff) served Defendant Greystar California, Inc. (Defendant) with Form Interrogatories and Requests for Production of Documents. After Plaintiff gave Defendant an extension, responses were due by December 4, 2023, but no responses were received. (Motions at p. 3.) Plaintiff filed these motions on December 5, 2023. Plaintiff seeks an order compelling responses to the form interrogatories and requests for production. Plaintiff seeks sanctions in the...
2024.01.02 Motion to Dismiss for Failure to File FAC 012
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.02
Excerpt: ... 2023. Plaintiff filed his (late) Opposition June 20, 2023. City of Alhambra filed a Reply on June 23, 2023. On June 26, 2023 the Court sustained the Demurrer noting: “First and foremost, since Plaintiff's complaint is against a government entity, for the complaint to survive it would have needed to include an allegation that Plaintiff complied with the Government Tort Claims Act. There is no such allegation. Accordingly, Defendant's demurrer m...
2024.01.02 Motion for Terminating Sanctions 203
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.02
Excerpt: ...eges that she obtained a judgment against Flowers and filed a judgment lien against the property. Thus, she claims that she is entitled to the excess proceeds from the foreclosure. Defendant SBS Trust Deed Network answered and filed a Cross-Complaint in interpleader claiming that there are conflicting claims to the excess proceeds ($355,000) from the foreclosure. It alleged that it would pay the excess funds into the Court. It has not done so. Bo...
2023.12.26 Motion to Compel Arbitration 402
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.26
Excerpt: ...Act and negligent repair of the vehicle. Plaintiff's Song-Beverly claims arise out of the written warranty provided by Mercedes-Benz. The written warranty provided by Mercedes-Benz does not contain an arbitration provision. The dealer that sold the vehicle to Plaintiff entered into a retail sales contract with the Plaintiff. It expressly disavowed any warranties. (Paragraph 4.) But it contained an arbitration provision. So, having chosen to NOT i...
2023.12.22 Motions to Strike 831
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.22
Excerpt: ...of Plaintiffs' First Amended Complaint, Plaintiffs have requested exemplary (punitive) damages and attorney fees for the Second and Third Causes of Action in their demand for judgment. Defendant filed this motion to strike in order to strike Plaintiffs' requests for exemplary damages and attorney fees. Plaintiff entered into a written contract with Defendant for a one-way private jet aircraft trip from Maui Hawaii to Van Nuys California, to be ta...
2023.12.21 Motion to Strike Costs 550
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.21
Excerpt: ... of showing that there were triable issues of fact for her causes of action for sexual harassment, FEHA retaliation, and whistleblower retaliation against Defendant. Judgment was entered in favor of Defendant on August 21, 2023. On October 27, 2023, Defendant filed its Memorandum of Costs, in which it is requesting $19,071.90 in costs. On November 9, 2023, Plaintiff filed her motion to strike Defendant's memorandum of costs. Plaintiff filed the m...
2023.12.20 Motion to Bifurcate 586
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.20
Excerpt: ...ach of duty of good faith and fair dealing and breach of contractual duty to pay a covered claim against Defendant. As part of her claim for relief, Plaintiff is requesting punitive damages against State Farm. Defendant is requesting that the Court bifurcate the liability phase of the trial from the punitive damages part of the trial so that Defendant must first be found to have acted with malice, fraud, or oppression before Defendant must disclo...
2023.12.20 Motion for Summary Judgment, Adjudication 063
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.20
Excerpt: ...f) has sued Defendant Child Care Resource Center, Inc. (CCRC) (Defendant) for two causes of action: negligence and violation of mandatory duty. Defendant CCRC provides childcare referrals for licensed childcare provides to parents and guardians. (UMF 1.) Plaintiff's mother and guardian ad litem, Ashley Holmes, utilized CCRC's services. (UMF 2.) Holmes understood that CCRC was not responsible for licensing the childcare providers for which CCRC pr...
2023.12.15 Motion for Attorney Fees 799
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.15
Excerpt: ...tion for Summary Judgment, or, in the Alternative, Summary Adjudication Forouzan Golshani vs. Board of Trustees of the California State University, 20STCV40168 Moving Parties: Defendant Board of Trustees of the California State University Responding Party: Plaintiff Forouzan Golshani I. Background Plaintiff Forouzan Golshani (Plaintiff) was Dean of the of the College of Engineering at California State University Long Beach (CSULB) from 2007 to 20...
2023.12.14 Motions to Deem RFAs Admitted 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.14
Excerpt: ...is to ask the Court to follow the interpretation of law noted by another Superior Court Judge. Rule of Court 8.1115 essentially provides that only published California Supreme Court or Cout of Appeal decisions may be cited. Other cases “must not be cited or relied on by the court or a party in any other action.” How does this rule apply to (unpublished) Superior Court rulings by other judges? Perhaps the failure of the Rule to address this qu...
2023.12.14 Demurrer to FAC, Motion to Strike 162
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.14
Excerpt: ... Defendant. The cause of action at issue in the demurrer is Plaintiff's Seventh Cause of Action for Sexual Assault and Battery. Plaintiff's cause of action for Sexual Assault and Battery is based on her allegations that her former Leader on Duty, Eros Surla kissed her and touched her in an inappropriate manner while she was at work. (FAC, ¶¶ 29-32, 134, 135.) Plaintiff filed her FAC on September 25, 2023. Defendant filed this demurrer on Octobe...
2023.12.13 Motion for Summary Judgment, to Seal Certain Exhibits 663
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.13
Excerpt: ...amed, M.D., (Plaintiff) filed this case on June 24, 2022. Plaintiff has alleged one cause of action against Defendants Cedars-Sinai Medical Center (CSMC), CFHS Holdings dba Marina del Rey Hospital (MDR Hospital), the Medical Staff of Cedars-Sinai Medical Center (CSMC Medical Staff), and the Medical Staff of CFHS Holdings dba Marina del Rey Hospital (MDR Hospital Medical Staff) (collectively Defendants). Plaintiff's cause of action against Defenda...
2023.12.05 Motion to Strike 636
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.05
Excerpt: ...a, Inc. (Defendants) failed to provide him with disability accommodations as his employers. He also alleges several other causes of action related to his employment and termination. As part of his complaint, Plaintiff has made requests for punitive damages at pp. 9:1-6; 10:24-27 – 11:1-2; 15:6-11; 16:17-22; 18:9-14; and in paragraph 8 of the Prayer for Relief on p. 27. Defendants have moved to strike Plaintiff's requests for punitive damages on...
2023.12.05 Motion to Compel Compliance with Subpoenas 139
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.12.05
Excerpt: ... Plaintiff did not object to the subpoena, did not oppose the Motion to Compel Compliance with the Deposition Subpoena, and has not presented any showing that any communications are not directly related to her claimed damages against the County. Downtown also failed to set forth any showing that there are any communications not directly related to the issues Plaintiff tendered to the Court. To the contrary, Plaintiff made it clear through written...
2023.11.30 Motion to Compel Responses to RFAs, to Compel Compliance with Statement of Compliance 829
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.30
Excerpt: ...of action in the Complaint included multiple FEHA violations including discrimination based on disability, harassment, and retaliation; retaliation for disclosing violations of the law; and violations of wage and hour statutes. On January 11, 2023, Defendant Juan Gonzalez served a first set of Requests for Admission. On March 24, 2024 Plaintiff served responses and objections. On August 4, 2024, Plaintiff served supplemental responses and objecti...
2023.11.29 OSC Re Propriety of Self-Represented Plaintiff Asserting PAGA Claim 244
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.29
Excerpt: ...omplaint and Motion to Compel Arbitration This action was initiated by Plaintiff Marcus Witt against Defendant Postmates Inc. on January 12, 2023 as a limited jurisdiction case assigned to Judge Mark E. Windham in the Spring Street Courthouse Dept. 26. It is styled as a “Complaint for Civil Penalties under the Private Attorney General Act of 2004 (“PAGA”).” A First Amended Complaint was filed January 13, 2023. It alleged the same PAGA cla...
2023.11.28 Motion to Compel Arbitration 024
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.28
Excerpt: ... filed its motion to compel arbitration on September 1, 2023. In October 2018, the parties signed a General Agent Agreement. That Agreement included an arbitration provision that reads as follows: The Parties agree that any legal disputes or claims between the Parties, including any regarding this Agreement or its termination (including but not limited to the interpretation, enforceability, revocability, or validity of the Agreement, or the arbit...
2023.11.22 Motion to Compel Further Responses 344
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.22
Excerpt: ...nts 1016 Industries, Inc., and Peter Northrop (Defendants) filed these motion after Plaintiff Giavanna Papasavvas (Plaintiff) objected to some of their special interrogatories and did not provide what Defendants considered to be full and complete responses. For Defendant 1016 Industries, the relevant Special Interrogatories are Nos. 3, 17, 19, and 20. Defendant filed this motion pursuant to CCP §§ 2030.300 and 2023.010. Defendant filed the moti...
2023.11.22 Motion to Compel Arbitration 754
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.22
Excerpt: ...ent. On January 23, 2020, Plaintiff entered into an Arbitration Agreement in connection with her employment, in which it was agreed that she would arbitrate any and all claims, disputes or controversies related to her employment. (Bouchard Decl., Ex. 2.) The Arbitration Agreement included an opt out provision. (Id.) Based on this Agreement, Defendant has moved to compel arbitration, claiming that Plaintiff's claims are arbitrable under the Agreem...
2023.11.21 Motion to Compel Further Responses, for Sanctions 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.21
Excerpt: ...t Form Interrogatories are Nos. 200.4, 201.1, 201.4, 207.2, 209.2, 211.1, 211.2, 211.3, 214.1, 216.1, and 217. Plaintiff filed this motion pursuant to CCP §§ 2030 et seq. Plaintiff is requesting $11,400 in sanctions for having to bring the motion. Plaintiff filed the motion on July 24, 2023. Defendant alleges in its opposition that Plaintiff failed to meet and confer in good faith. By November 13, 2023, Defendant had served supplemental respons...
2023.11.21 Demurrer to FAC 268
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.21
Excerpt: ... § 18.) Plaintiff also alleges that that the scooter malfunctioned and/or unexpectedly accelerated and caused Plaintiff to fall off the scooter. (FAC, § 21.) There is also much boilerplate that uses conclusory verbiage but adds no substance. Based on this incident, Plaintiff has alleged a cause of action for premises liability against Defendant City of Los Angeles and two causes of action for product liability and negligence against Defendant L...
2023.11.20 Motion for Summary Adjudication 840
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.20
Excerpt: ...iffs' complaint was based on their allegations that while Defendants had disclosed the location of the septic tank manhole, they failed to disclose that they had built an unpermitted sunroom directly over the home's septic tank with a seepage pit access point within the outdoor kitchen. (Opposition at pp. 6-7.) Plaintiffs alleged that these things were in violation of Los Angeles County's septic tank setback ordinance. (See Los Angeles County Cod...
2023.11.15 Application for Order for Appearance and Examination 039
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.15
Excerpt: ... $28,330.00. There is no proof of service filed with the documents. Cross-Complainant Basnet should refer to the Execution of Judgments law and use the proper forms for an application for order and appearance. Specifically, he should use form AT-138/EJ-125. Cross-Complainant must also properly serve Cross-Defendant Sukhpreet Singh and file a proof of service. TENTATIVE RULING: The hearing set for November 15, 2023, is ordered Off Calendar. Case N...
2023.11.14 Demurrer to TAC, Motion to Strike 275
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.14
Excerpt: ...tom .... The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3)….” Plaintiff shall comply with the page numbering requirement or the pleading and briefs may be stricken by the Court on its own motion. A. Factual In her Third Amended Complaint (TAC), Plaintiff alleges seven causes of action involving her employment at and termination from Defendant's company. The causes of action are harassment, retaliat...
2023.11.09 Motion to Set Aside or Vacate Default, Judgment 694
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.09
Excerpt: ...gment was entered for Plaintiff against The Bucket on March 13, 2022 for $312,493.85. Another year passed and on April 13, 2023 Plaintiff filed an Affidavit of Identity and Order seeking to list as an additional name of The Bucket “The Five, LLC dba The Bucket aka bucket.” Plaintiff began enforcement proceedings more recently. Judgment Debtor The Five, LLC (The Five) has moved to set aside/vacate default and default judgment. The Five moves t...
2023.11.08 Motion for Judgment Notwithstanding the Verdict, for New Trial, Prejudgment Interest 119
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.08
Excerpt: ...ntiff Content Checked Holding (CCH) has unclean hands and is in pari delicto. Because CCH had unclean hands, the Court ruled that CCH shall take nothing on its complaint pursuant to Peregrine Funding, Inc. v. Sheppard Mullin, Richter & Hampton LLP (2005) 133 Cal.App.4th 658. Though the motions are moot, the Court will briefly address them on their merits. I. Motion for Judgment Notwithstanding the Verdict. CCH argues that the jury should not have...
2023.11.06 Motion for Reconsideration 065
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.06
Excerpt: ... Co., Inc.'s (Defendant) motion to compel arbitration. The Court granted the motion pursuant to the Third District's Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486, which held that arbitration clauses in the purchase agreements with car dealerships may apply to the third party car manufacturers in certain circumstances. In that case, the dealership had originally been a party to the lawsuit, so the Court of Appeal held that the arbitration cl...
2023.11.03 Motion for Summary Judgment, Adjudication 797
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.03
Excerpt: ...dants”). (UMF Nos. 1, 9.) Plaintiff was injured when a piece of metal that he was holding came into contact with a power line. (UMF Nos. 9-10.) Plaintiff was hired by Defendant Gustavo Espinoza as an independent contractor. (Plaintiff's Comp., ¶ 3.) Espinoza was hired by Defendant Numa Brothers as a subcontractor to work on the premises. (Plaintiff's Comp., ¶ 4.) Numa Brothers were hired by YGV for the construction. (Plaintiff's Comp., ¶ 4.)...
2023.11.03 Demurrer to Complaint, Motion to Strike 488
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.03
Excerpt: ...alifornia Inc. (Greystar) is one of several entities that owns the property. (Comp., ¶ 19.) It appears from Plaintiff's complaint that she lives at the property where she was attacked. Plaintiff's complaint attempts to allege 12 causes of action against all named and Doe defendants. The causes of action include assault; battery; intentional infliction of emotion distress; false imprisonment; negligence; tenant harassment; housing discrimination;...
2023.11.02 Motion for Summary Judgment, Adjudication 042
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.02
Excerpt: ...ssory Note for the sum of $448,00.00. (UMF No. 1.) In connection with the Note, Plaintiff and Borrower entered into a Loan Agreement. (UMF No. 2.) The Note provided that Borrower will pay the loan in full immediately upon Plaintiff's demand. As part of the Loan Agreement, Defendant and Rajinder Adlakha executed a Guaranty in the event that the Borrower cannot pay. (UMF No. 6.) Borrower defaulted on the loan obligations on December 23, 2018. (UMF ...
2023.11.01 Motion to Compel Arbitration 328
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.01
Excerpt: ... § 1281.2. Defendant seeks to compel arbitration of Plaintiff's individual PAGA claims. Plaintiff does not dispute that the agreement exists or that the arbitration agreement is enforceable. Instead, Plaintiff opposes Defendant's motion on the basis that the arbitration agreement does not apply to “private attorney general representative action” and those claims cannot be arbitrated and should proceed in court. (Magnanimo Decl., Ex. A., ¶ 7...
2023.11.01 Motion for Summary Judgment 916
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.11.01
Excerpt: ...cation, filed on August 18, 2023, addresses all five of Plaintiff's causes of action. Plaintiff bought the subject vehicle on August 13, 2012. (UMF No. 1.) Over the 10 years and 119,000 miles that the subject vehicle was driven, primarily by Plaintiff's son, the vehicle was presented for warrantable concerns four times. On July 7, 2016, the first occasion, when the vehicle was at 43,517 miles, the transmission oil temperature sensor was replaced....
2023.10.31 Motion for Security 100
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.31
Excerpt: ...urt for an order, upon notice and hearing, requiring the plaintiff to furnish security” for the action based upon grounds that “there is no reasonable possibility that prosecution of the cause of action alleged in the complaint against the moving party will benefit the limited liability company or its members.” (Cal. Corp. Code § 17709.02(b)(1).) Further, “[i]f the court determines, after hearing evidence adduced by the parties, that the...
2023.10.26 Demurrer, Motion to Strike 765
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.26
Excerpt: ...ble to remedy. Plaintiff is also alleging that Defendant made misrepresentations to Plaintiff regarding the features of the vehicle and duration of the vehicle's charge. Plaintiff leased the subject vehicle on July 6, 2018. Plaintiff's complaint alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities. (Comp., ¶ 10.) Plaintiff did not file his complaint until June 14, 2023. Defendant filed its demurrer to Plai...
2023.10.26 Motion to Bifurcate Trial and Limit Discovery 421
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.26
Excerpt: ...ises out of a business relationship to own and operate a restaurant between Plaintiff Kim and Defendant Jason Bin Lee (Defendant or Lee). Both parties were involved in the restaurant business. In March 2021 they entered into a written agreement which serves as the main focus of their disputes. The Agreement provides that Plaintiff would own 51% of the shares of the restaurant corporation, B&K Enterprise, Inc. (B&K), while Defendant would own 49% ...
2023.10.25 Motion to Deem RFAs Admitted 203
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.25
Excerpt: ... Production. After Plaintiff granted an extension, responses were due by July 31, 2023, but no responses were ever received. (Motions at p. 1.) Plaintiff filed these motions on September 6, 2023. Plaintiff seeks an order deeming the requests for admission admitted and an order compelling responses to the form interrogatories and requests for production. Pursuant to CCP § 2033.280, Plaintiff seeks sanctions in the amount of $1,050 for each of the...
2023.10.24 Demurrer to SAC 725
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.24
Excerpt: ...19. On August 29, 2023, this Court granted Plaintiff Michele Santopietro (Plaintiff) leave to amend her complaint to add a few causes of action, and the Court continued the jury trial in this case to January 2024. Plaintiff filed her Second Amended Complaint on September 5, 2023. Defendant filed a demurrer to Plaintiff's added Eleventh Cause of Action for Negligent Misrepresentation, Thirteenth Cause of Action for Constructive Eviction, and Fourt...
2023.10.23 Motion to Compel Arbitration 567
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.23
Excerpt: ...scrimination. Plaintiff filed the lawsuit on May 23, 2023. The motion to compel arbitration and stay proceedings filed by Defendants is based on a form that Plaintiff allegedly electronically signed when he began working for Macy's. The form is called Solutions InSTORE New Hire Acknowledgment. (Ripak Decl., Ex. D.) It includes references to Defendant's arbitration program. From the time Plaintiff signed the form, Plaintiff had 30 days to opt out ...
2023.10.23 Motion to Compel Arbitration 311
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.23
Excerpt: ...Hollywood Medical Center, L.P.; Wells Fargo Bank; Zurich American Insurance Company; Liberty Mutual Insurance Company; Federal Insurance Company; Berkshire Hathaway Specialty Insurance Company; and Continental Casualty Company. There is an arbitration clause in the Prime Contract, called Construction Management Services with Guaranteed Maximum Price, between Skanska and CHA. The arbitration clause reads as follows: “Subject to detail terms and ...
2023.10.20 Motion for Attorney Fees 795
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.20
Excerpt: ...ees, costs, and expenses. Plaintiffs filed this motion pursuant to Civ. Code § 1794(d). Volvo agreed to pay attorneys' fees in the settlement agreement. Plaintiffs are requesting $88,377.00 in attorneys' fees for Strategic Legal Practices (SLP); $7,070.00 for CCA; a 1.35 multiplier enhancement amounting to $33,406.45; and $3,500.00 for reviewing the opposition, drafting a reply, and attending the hearing. Plaintiffs argue that the attorneys' fee...
2023.10.19 Demurrer, Motion to Strike 155
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.19
Excerpt: ...Charles Crosier Demurrer to Fourth Amended Complaint with Motion to Strike I. BACKGROUND What should the Court do when a demurrer is filed attacking the EIGHTH CAUSE OF ACTION for Wrongful Eviction, but there are only seven causes of action? Obviously, the Court should ignore that error by moving party and rule on the validity of the wrongful eviction claim asserted in the seventh cause of action. What should the Court do when a motion to strike ...
2023.10.19 Demurrer to FAC 561
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.19
Excerpt: ...ination. Plaintiff's FAC alleges that Plaintiff's last day working for Defendant was December 20, 2020. (FAC, ¶ 5.) However, Defendant provided a document with its request for judicial notice that shows that Plaintiff's last day working for Defendant was April 20, 2020. (Defendant's RJN, Ex. 1.) Plaintiff's FAC indicates that Plaintiff received a right to sue letter from DFEH that is dated April 24, 2023. (FAC, ¶ 7.) Plaintiff's FAC also includ...
2023.10.18 Demurrer, Motion to Strike 602
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.18
Excerpt: ...ted or relied on by the court or a party in any other action.” How does this rule apply to (unpublished) Superior Court rulings by other judges? Is it proper to note how other Superior Court Judges have ruled on similar pleadings? Perhaps the failure of the Rule to address this question leads counsel to believe that it is proper to argue to the Court that other Superior Court judges have ruled a particular way in cases similar to the one before...
2023.10.18 Demurrer, Motion to Strike 155
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.18
Excerpt: ...he Court do when a demurrer is filed attacking the EIGHTH CAUSE OF ACTION for Wrongful Eviction, but there are only seven causes of action? Obviously, the Court should ignore that error by moving party and rule on the validity of the wrongful eviction claim asserted in the seventh cause of action. What should the Court do when a motion to strike is filed seeking to strike paragraph 112, but the complaint ends at paragraph 102? Since the Court can...
2023.10.17 Motion to Quash Service of SAC 262
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.17
Excerpt: ...ntiff) was not entitled to substitute Defendant as a “Doe” defendant in this action. Defendant argues that Plaintiff was not ignorant of her name, identity, or the facts upon which she purports to state her claims, and she argues that Plaintiff improperly delayed filing the “Doe” amendment until after Defendant Norber Properties Management LLC filed its motion for summary adjudication. The Second Amended Complaint in this case was filed o...
2023.10.17 Motion to Dismiss TACC 275
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.10.17
Excerpt: ...s pursuant to CCP §§ 583.210(a) and 583.250(a)(2). Cross-Defendants argue that Cross-Complainants failed to serve the summons and complaint on them within three years after the commencement of the action, as required by CCP § 583.210(a). The original Cross-Complaint was filed on April 22, 2020. Cross-Defendants were served on August 3, 2023, and August 4, 2023, after being named in an amendment to the Cross-Complaint on July 25, 2023, as repla...

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