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2023.08.31 Motion for Summary Judgment 434
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.31
Excerpt: ... their water on and off as needed to prevent unnecessary leakage. Plaintiffs thereafter reported the damage to State Farm. (UMF 2.) On March 23, 2020, a State Farm Claim Representative, Katz, came out to see the damage and take photographs. (UMF 4.) State Farm identified the cause of the leak as a pinhole leak in the cold water supply. (UMF 5.) On April 9, 2020, State Farm issued a denial of claim letter, which stated that the cause of the damage...
2023.08.24 Motion for Summary Judgment 262
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.24
Excerpt: ...nancies, injuries, or caring for her partner after he had a surgery. Plaintiff's complaint is alleging that her employment was terminated due to disability discrimination because she kept taking leaves of absence for injuries. Defendant alleges that during the COVID-19 pandemic, it began suffering from financial problems due to rent not being paid and having empty apartments at its various properties. Though it received two PPP loans totaling $16...
2023.08.21 Demurrer to FAC 094
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.21
Excerpt: ...) denied Plaintiffs' insurance claim after their home was burglarized. Defendant has demurred on the basis that Plaintiffs' claims fail to allege facts sufficient to maintain causes of action against Defendant and because Plaintiffs' claims are contractually time-barred. Plaintiffs have alleged seven causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) Unfair Business Practices violat...
2023.08.17 Motion to Vacate Arbitration Award 615
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.17
Excerpt: ...tiff David Joe (Plaintiff). The arbitrator awarded attorney's fees in the amount of $220,817.00 to Plaintiff. The motion is based on the grounds that: (1) the Arbitrator and the arbitration provider, JAMS, exceeded their authority under the law, the rules that the parties agreed would apply, and this Court's order of January 13, 2021 by requiring Defendants to pay for the all of the Arbitrator's fees; (2) the Arbitrator exceeded her authority by ...
2023.08.15 Motion to Enforce Settlement 529
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.15
Excerpt: ...he parties in January 2023. Under that agreement, Respondents were to pay $100,000 plus the ADR/Arbitration services fees. Importantly, if the payment was made by July 1, 2023 the payment was to be only $75,000 plus the ADR fee. (Motion, Ex. 1.) If Respondents timely paid, then they would not have to pay an extra $25,000. Importantly, the agreement does not specify how much the ADR services fees were. The parties agree that Respondents paid $75,0...
2023.08.08 Demurrer to FACC 045
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.08
Excerpt: ...Current Electric (Current) to engage in electrical installation at the worksite. During construction, Satila allegedly stopped paying for Current's materials, which led Plaintiff Walters Wholesale Electric Co. (Walters Wholesale) to file the Complaint against Current. Current then filed a Cross-Complaint against Satila, which then filed the present cross-complaint against Current. Satila's First Amended Cross-Complaint (FACC) has six causes of ac...
2023.08.07 Motion to Compel Arbitration 741
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.07
Excerpt: ..., Plaintiff signed a written Arbitration Agreement in connection with his employment, in which it was agreed that he would arbitrate disputes related to his employment. (Wartenberg Decl., Ex. B.) The Arbitration Agreement indicates that it will be subject to the JAMS Employment Arbitration Rules & Procedures (Wartenberg Decl., Ex B, at p. 3, ¶ 2) Based on this, Defendant has moved to compel arbitration, claiming that Plaintiff's claims are arbit...
2023.08.04 Demurrer, Motion to Strike 669
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.04
Excerpt: ... Civ. Code § 2923.6, (2) violation of the covenant of good faith and fair dealing, (3) violation of California Business and Professions Code § 17200 et seq and § 17500 et seq. The basis of Plaintiffs' Complaint is that they were in the process of seeking a home loan modification with Defendant and had even filed a complete application for loan modification, when Defendant began the process to sell the house via a Trustee Sale. Plaintiffs alleg...
2023.08.02 Motion for Summary Judgment 621
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.02
Excerpt: ...ate, Wine Supervisor, and then a Wine Associate again. While employed at Total Wine, Plaintiff claims to have had a difficult relationship with the store manager, Weldon Kendall. Plaintiff claims that Kendall harassed her and demoted her from Wine Supervisor to Wine Associate under threat of termination. (Opposition at p. 1.) Plaintiff also claims that Kendall screamed at and berated Plaintiff on multiple occasions. Plaintiff further claims that ...
2023.08.02 Demurrer 419
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.08.02
Excerpt: ...t is not always clear who the specific factual allegations relate to.) Since this demurrer was filed by Kevin Kim, the Court shall not focus on many of the allegations. Kevin Kim in not identified as a “Defendant” in the Complaint, although he is mentioned in it. He was subsequently named as “Doe 1.” The Complaint alleges as follows with respect to the involvement of Kevin Kim: 14. In or about April 2019, as the Californian cannabis indus...
2023.07.25 Motion to Set Aside or Vacate Default, Quash Service of Summons 566
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.25
Excerpt: ...efendant) filed this motion, first on May 30, 2023 with a June 23, 2023 hearing date and again on May 31, 2023 with a July 25, 2023 hearing date. Defendant Moon seeks to set aside the default entered against him as he alleges that the summons and complaint were never served on him. He asserts that he is entitled to have the entry of default set aside under CCP § 473(d). He also asks the Court to quash service of the summons and complaint on the ...
2023.07.25 Motion to Dismiss for Failure to Effect Service within 3 Years 242
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.25
Excerpt: ...ina. (Complaint ¶ 1.) Defendant Ling Yang Dong is alleged to be a resident of the People's Republic of China. (Complaint ¶ 2.) Defendant Ling Yan Dong's wife is alleged to reside in Los Angeles County, California. (Complaint ¶ 3.) It is claimed that Defendant Ling Yan Dong and his wife own a single family residence in Arcadia, California with a value (in 2017) claimed to be $6,000,000. “10. Plaintiff herein brought suit in the Trial Court on...
2023.07.20 Motion to Quash Subpoena 636
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.20
Excerpt: ... (Defendant). These subpoenas were issued to Plaintiffs' law firm Irell & Manella LLP (Irell) and Ede Ibkewe, an Irell lawyer. The subpoena seeks documents and communications related to the 2018 restructuring of the Flyer business and the relationship between Flyer Next and its 50-50 owners Plaintiff Flyer Technologies and Defendant Marvin. Plaintiffs argue that Defendant seeks privileged documents that are also protected by the attorney work pro...
2023.07.19 Motion to Compel Arbitration 545
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.19
Excerpt: ...hat took place while she was employed by them. When Plaintiff began working for Defendants, she signed an offer letter and an Arbitration Agreement and Acknowledgment. The Arbitration Agreement requires Plaintiff to arbitrate certain employment-related claims. The agreement at issue reads, in part, as follows: “Except as otherwise provided in this Agreement, any legal claim, controversy, or dispute you may have with Equity or which Equity may h...
2023.07.14 Demurrer to SAC, Motion to Strike 084
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.14
Excerpt: ...plaint with Motion to Strike I. BACKGROUND This is one of a number of cases that this Court has involving claims by various former residents of an apartment building alleged to have been owned and/or managed by Defendants. The Complaints are very similar. However, not all the plaintiffs have the same status. For instance, in this case all of the Plaintiffs claim to have resided at the premises, yet none were parties to a rental agreement. In this...
2023.07.12 Demurrer to TAC, Motion to Strike 565
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.12
Excerpt: ...mplaint alleges nine causes of action related to his tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes of action that Plaintiffs are alleging are for (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) private nuisance; (5) violation of Inglewood Municipal Code 8-123; (6) fraud; (7) unfair business practices; (8) intentional i...
2023.07.12 Demurrer to TAC, Motion to Strike 155
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.12
Excerpt: ... Amended Complaint alleges eight causes of action related to his tenancy at Defendants' property and the alleged problems that occurred during that tenancy. The causes of action that Plaintiffs are alleging are for (1) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of statutory warranty of habitability; (4) private nuisance; (5) fraud; (6) unfair business practices; (7) intentional infliction of emotional distress; and ...
2023.07.11 Demurrer to SAC, Motion to Strike 330
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.11
Excerpt: ...misrepresentation, (5) intentional infliction of emotional distress, (6) assault, and (7) battery by a police officer. All the claims arise out of a traffic stop of Plaintiff Vonneisha McMurray on October 20, 2020. Plaintiff Vonneisha McMurray was the driver of the vehicle. (SAC ¶¶ 9-10.) Plaintiff Robert McMurray is alleged to be Plaintiff Vonneisha McMurray's father and was present in the vehicle when the traffic stop took place. No other all...
2023.07.07 Demurrer to SAC 413
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.07
Excerpt: ...ilure to Provide Accurate Wage Statements, Waiting Time Penalties, among other causes of action. Plaintiff worked for ZO Skin Health as a Physician Assistant-Certified. Defendant Dr. Obagi owned the clinic, and Defendants Connor, Hendrickson, and Denlinger worked for the clinic. Plaintiff alleges in her SAC that all of the Defendants were engaged in unlawful business practices, and that they failed to provide her with meal and rest periods and ac...
2023.07.06 Motion to Enforce Settlement 495
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.06
Excerpt: ...sum of $125,000.0 is due and owing under the Settlement Agreement. (Motion at pp. 4-5.) Because of Defendants' failure to pay, Plaintiff filed this motion pursuant to CCP § 664.6 and is requesting attorneys' fees and costs for bringing the motion. Plaintiff's counsel indicated that he spent 5 hours on the motion at his billing rate of $650 and expected to spend an additional 5 hours reviewing opposition, preparing a reply, and attending the hear...
2023.07.05 Demurrer 648
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.07.05
Excerpt: ...of action for breach of oral contract, fraud, and violation of Penal Code § 496(a). The basis of Plaintiff's complaint is that one or both of Defendants orally promised Plaintiff $50,000 if Plaintiff found them a tenant for their real property and that tenant signed a lease for a term of one year or greater. Plaintiff alleges that he found Defendant(s) a tenant who signed a lease with Defendant(s) for a lease of three years. As a result, Plainti...
2023.06.30 Motion to Compel Arbitration 064
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.30
Excerpt: ...rs. During his onboarding process for the sales consultant position with Hollywood Motor Cars, Plaintiff signed a binding arbitration agreement to arbitrate claims related to his employment. The agreement at issue reads, in part, as follows: “By signing my name below. . .I agree to pursue any claims I might have against the Company that currently exist or that may arise in the future exclusively through binding arbitration; similarly, the Compa...
2023.06.30 Motion for Relief from Jury Waiver 119
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.30
Excerpt: ...ruary 20, 2019. However, Defendant paid the jury fees on November 15, 2021. (Opposition pg. 3:7-8.) Plaintiff claims that it inadvertently failed to pay the $150 jury fee. (Martin Decl., ¶ 5.) After this occurred, Plaintiff changed counsel several times over the years. At no time prior to June 2023 did either party indicate that they expected anything other than a jury trial. In fact, on June 2, 2023 the parties filed their Joint List of Jury In...
2023.06.28 Motion to Bifurcate 434
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.28
Excerpt: ...ation of any defendant, preclude the admission of evidence of that defendant's profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. (Bold Added.) But the Motion also states “[t] he issue of Plaintiffs' entitlement to punitive damages is properly severed. (Cal. Civ. Code § 3295(d)....
2023.06.28 Demurrer to FAC 315
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2023.06.28
Excerpt: ...demurrer. Apparently, defendant must have provided plaintiff a copy of the anticipated demurrer, as on May 10, 2023, before the demurrer was filed, Plaintiff filed his Opposition. Plaintiff West Coast Add It Up Add Agency filed a one page First Amended Complaint. The material allegations appear in two paragraphs. “1. From Nov. 16th, 2017, the west coast add it up ad agency is alleging non-payment for a service provided. The debtor was billed fo...

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