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2024.01.31 Motion for Right to Attach Order and Issuance of Writ of Attachment 865
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.31
Excerpt: ...and Issuance of Writ of Attachment The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED in the amount of $93,031.75, and conditioned upon plaintiff's payment of an undertaking in the amount of $10,000 as to each defendant and submission of a proposed right to attach order and order for issuance of writ of attachment after hearing (Form AT-120). BACKGROUND On September 28, 2022, plaintiff Philadelphia Indemni...
2024.01.29 Motion for Summary Judgment 134
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.29
Excerpt: ... Gamboa Motion for Summary Judgment The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is GRANTED. BACKGROUND On July 24, 2019, plaintiff Ramona Murillo Gamboa filed a complaint against defendants Los Angeles World Airports, City of Los Angeles, SAS Services Group, Concesionaria Vuela Compania de Aviacion S.A.P.I. De C.V., and Controladora Vuela Compania de Aviacion, S.A.B. De C.V. for (1) premis...
2024.01.26 Motion to Compel Further Discovery Responses 336
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.26
Excerpt: ...pon plaintiff's payment of additional $120 in filing fees. The motion is DENIED as to Form Interrogatory No. 50.1 and Special Interrogatory No. 1. Defendant DCW Logistics Services, Inc. is ordered to respond further to plaintiff's Form Interrogatory No. 17.1 and Requests for Production, Nos. 1-7 within 20 days. The court awards sanctions in favor of plaintiff Alpine and against defendant and defense counsel in the amount of $860 to be paid within...
2024.01.26 Motion to Compel Deposition of PMQ 479
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.26
Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED. Defendant General Motors, LLC is ordered to produce its PMQ(s) within 20 days on a mutually agreeable date and time on the categories as set forth in the notice of deposition. BACKGROUND On February 21, 2023, plaintiffs Renee Khang and Richard Khang filed a complaint against General Motors LLC for violations of Song Beverly Act. On November 16, 2023, the court granted plaintiffs' motion t...
2024.01.26 Motion to Compel Arbitration and Stay Action 572
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.26
Excerpt: .... RULING The motion is DENIED. BACKGROUND On February 28, 2023, plaintiff Liliana Ramirez filed a complaint against Nissan North America, Inc. for violations of Song-Beverly Act and fraudulent inducement-concealment with respect to a 2020 Nissan Murano. LEGAL AUTHORITY Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such g...
2024.01.25 Demurrer 943
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.25
Excerpt: ... LEAVE TO AMEND as to the 2 nd cause of action. Defendant is ordered to file an answer within 20 days. BACKGROUND On March 29, 2023, plaintiff Diane Burnett filed a complaint against City of Santa Monica for (1) negligence and (2) negligence and statutory liability. 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,...
2024.01.24 OSC Re Preliminary Injunction 825
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.24
Excerpt: ...reliminary injunction is GRANTED except as to JPMorgan Chase Bank, N.A. The preliminary injunction is DENIED as to JPMorgan Chase Bank, N.A. BACKGROUND On November 17, 2023, Palm West Escrow, Inc. filed a complaint against Capital One, N.A. and Does 1-50 for (1) declaratory relief, (2) breach of implied contract (against Does), (3) fraud/conversion (against Does), and (4) money had and received/unjust enrichment. On November 28, 2023, the court g...
2024.01.23 Motion to Compel Answers 959
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.23
Excerpt: ...tiff to Answer Special Interrogatories, Set No. One (3) Motion for Order Compelling Plaintiff to Respond to Demand for Production, Set No. One The court considered the moving papers. No opposition was filed, although Plaintiff's counsel filed a statement attesting that his client is not cooperating with him and he should not be sanctioned. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendants' Form and S...
2024.01.23 Demurrer, Motion to Strike 132
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.23
Excerpt: ... (2) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th and 6 th causes of action and SUSTAINED WITH TEN DAYS LEAVE TO AMEND as to the 7 th cause of action. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND On June 30, 2023, Ostralia J. Mathews and O'Myah Jackson, a minor by and through her guardian, Ostralia J. ...
2024.01.23 Demurrer 238
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.23
Excerpt: ...The demurrer is OVERRULED as to the Fifth and Sixth causes of action in the complaint. Defendants are ordered to file answers within 20 days. BACKGROUND On October 2, 2023, plaintiff Karen McManus filed a complaint against Ford Motor Company and Auto Nation Ford Valencia for (1) violation of Civil Code §1793.2(d), (2) violation of Civil Code §1793.2(b), (3) violation of Civil Code §1793.2(a)(3), (4) breach of the implied warranty of merchantab...
2024.01.22 Motion for Judgment on the Pleadings 291
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.22
Excerpt: ...DENIED. BACKGROUND On November 21, 2022, plaintiff Jane Doe R.H. filed a complaint against defendants Doe 1, Doe 2, and Doe 3 through 60 for (1) childhood sexual abuse, (2) IIED, (3) negligence based on Gov. Code §§815.2 and 820, (4) failure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that in 1993/1994 schoolyear when she was around 16 or 17 years old and a student at Leuzinger Hi...
2024.01.19 Demurrer 157
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.19
Excerpt: ...3) negligence, (4) negligent misrepresentation, (5) fraud, (6) violation of Penal Code §496(A), and (7) violation of Bus. and Prof. Code §17200. On August 21, 2023, The North River Insurance Company filed a cross-complaint against Chris Le, ind. and dba The Electrician for indemnity, statutory reimbursement, and contribution. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los ...
2024.01.19 Motion to File Under Seal 612
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.19
Excerpt: ..., 2023, the court granted plaintiff's ex parte application to file certificates of merit under seal. LEGAL AUTHORITY CCP §340.1 states, in part: “(l) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: (1) The application shall be accompanied by a certificate of corroborative fact execu...
2024.01.19 Motion to Compel Substantive Responses 893
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.19
Excerpt: ...rt orders plaintiff to respond further without objections to defendants' form and special interrogatories, set one and requests for production of documents, set one within 30 days. BACKGROUND On June 12, 2023, plaintiff Jorge Alberto Marenco filed a complaint against defendants Paul Plotkin and 923 1 st Street MB, LLC for general negligence and premises liability. On August 18, 2023, Paul Plotkin and 923 1 st Street MB, LLC filed a cross-complain...
2024.01.19 Motion to Stay Further Proceedings 444
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.19
Excerpt: .... The case is STAYED. BACKGROUND On January 17, 2023, plaintiff Larry Tang filed a complaint against Fadi K. Rasheed and Leech Tishman Fuscaldo & Lampl, Inc. for (1) professional negligence (legal malpractice), (2) breach of contract, and (3) breach of fiduciary duty. Plaintiff alleges that in October 2021, plaintiff retained defendants to represent his interests in a business tort and contract action brought against one of plaintiff's former bus...
2024.01.18 Motion to Compel Further Responses, for Protective Order 540
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.18
Excerpt: ...t considered the moving, opposition, and reply papers. RULING The motions to compel are ruled on as stated below. The motion for protective order is ruled on as stated below. BACKGROUND On December 20, 2022, plaintiff HL Group 2 Limited Partnership filed a complaint against defendants Trang Luyen, Truc Luyen, Huan Luyen, Loanco Mortgage Services LLC (“Luyen defendants”), and Stephanie Lan Nguyen for (1) slander of title, (2) cancellation of i...
2024.01.18 Motion to Compel Deposition 835
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.18
Excerpt: ...ff Stanley Matthews filed a complaint against defendants Centinela Hospital Medical Center Auxiliary, Cedars Foot & Ankle Center, and Ashkan Soleymani, M.D. for (1) professional negligence/medical malpractice and (2) negligent misrepresentation. On August 28, 2023, at the post-mediation status conference, the court ordered the parties to meet and confer re deposition schedule and discovery. On October 31, 2023, at the post-mediation status confer...
2024.01.18 Demurrer, Motion to Strike 518
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.18
Excerpt: ...efendant is ordered to file an answer within ten days. BACKGROUND On May 12, 2023, plaintiffs Dominic Smith and Dominic Smith Jr. filed a complaint against 21007 Victor Owner LLC for (1) violation of Civil Code §1942.4, (2) tortious breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professional Code §17200, et seq., (5) negligence, (6) breach of covenant of quiet enjoyment, (7) intentional infliction of...
2024.01.12 Motion to Strike 059
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.12
Excerpt: ...Act (“FEHA”); (2) Hostile Work Environment in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Failure to Provide Reasonable Accommodations in Violation of the FEHA; (5) Failure to Engage in the Interactive Process in Violation of the FEHA; (6) Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA; (7) Violation of California Family Rights Act (“CFRA”); and (8) CFRA Leave Retaliation. P...
2024.01.12 Motion for Leave to File Amended Complaint 168
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.12
Excerpt: ... made an oral motion for leave to amend his complaint, which the Court denied. Just before that hearing, Plaintiff filed the current motion for leave to amend his complaint on the basis that he wished to supplement the information in his complaint as to his alleged protected disclosures. Plaintiff did not file this motion until after he had viewed the Court's tentative decision granting Defendant's motion for summary judgment. (Motion at p. ii.) ...
2024.01.11 Motion to Compel Arbitration 694
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.11
Excerpt: ...cket that Plaintiff filled out when she was hired by Defendant was an agreement to arbitrate. Plaintiff signed the Employee Acknowledgement and Agreement form via DocuSign when she began working on March 15, 2022. The Agreement included a clause in which Plaintiff agreed to utilize the binding arbitration process for employment disputes that is outlined in the employee handbook. Plaintiff was given a copy of the handbook with her New Hire Packet....
2024.01.11 Motion for Summary Judgment 015
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.11
Excerpt: ..., where she had had work done previously by other periodontists, and Defendant noted that if Plaintiff wants him to treat her, she needed to become his patient and start from the beginning. (UMF 15.) On August 6, 2020, Defendant told Plaintiff that he could redo the bridge, but Plaintiff indicated that she wanted an implant and not a new bridge. (UMF 16.) Plaintiff last presented to Esthetic Professionals on October 9, 2020, when her bridge was r...
2024.01.09 Motion to Strike 602
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.09
Excerpt: ...fabricators of “toxic” stone products that the Decedent worked with throughout his career in the construction industry from 1996 to 2022. Plaintiffs allege that the Decedent developed silicosis and other injuries from which he died on February 16, 2023, and that the silicosis was a result of working with the stone products. II. ANALYSIS A. Motion to Strike Defendant has moved for the Court to strike the statement on Page 21, line 25 of Plaint...
2024.01.09 Motion to Compel Arbitration 024
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.09
Excerpt: ...y of the Declaration of Aaron Buckley showing that Defendant had offered to mediate. The Court continued this motion and granted Plaintiff the right to “submit its evidence responsive to the Buckley Declaration.” (Nov. 28, 2023 Minute Order.) Plaintiff apparently misunderstood the intended breadth of the Order, as Plaintiff has submitted materials that do not respond to the Buckley Declaration. The Court has reviewed the Declaration of Patrri...
2024.01.09 Motion for Attorney Fees 137
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.01.09
Excerpt: ...$7,500, as well as Plaintiffs' costs, expenses, and attorney fees. Plaintiffs are requesting a total of $107,856 in attorney fees, claiming that these fees are reasonable for the work performed. Defendant Kia America, Inc. (Defendant) argues that Plaintiffs' requested fees are not reasonable. Defendant argues that Plaintiffs' attorneys have billed excessive time for preparing written discovery and deposition, for drafting the meet and confer lett...

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