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2023.04.20 Motion for Summary Judgment 259
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.20
Excerpt: ...unty, LLC d/b/a Kindred Hospital Los Angeles' Motion for Summary Judgment is DENIED. Plaintiff's objections to the declaration of Dr. Isreal Villanueva are OVERRULLED. Given the Court's findings below regarding the declarations of Mr. Johnson and Dr. Segall-Gutierrez, Defendant's separate specific objections are not material. I. THC fails to establish that the Third Amended Complaint is barred by the statute of limitations. THC moves for summary ...
2023.04.20 Demurrer to SAC 812
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.20
Excerpt: ...laintiff Christina Development Corporation TENTATIVE RULING Defendants ADP, LLC, ; ADP Totalsource DE IV, Inc.; Matt Peluso; Shannon Bates, Christa Zimmerman, Dominque Akens and Danielle Roubian's Demurrer to the Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of fiduciary duty and 2nd cause of action for unfair competition under B&PC 17200, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 5 t...
2023.04.18 Application for Writ of Attachment 451
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.18
Excerpt: ...aintiff/Cross-Defendant Falcon Enterprises, LLC and Cross-Defendants Rami Vardi, David Zemach and Yaniv Shlomof TENTATIVE RULING Defendants/Cross-Complainants 8210 S. Western Ave 26, LLC, Mama Moti, LLC, YHK 18, LLC, Javid Somekh and Yehezkel Kashanian's Applications for Writs of Attacment as to (1) Falcon Enterprises, LLC; (2) Rami Vardi; (3) David Zemach; and (4) Yaniv Shlomof are DENIED. Cross-Defendants' Evidentiary Objections to the Dec. of ...
2023.04.14 Motion for Summary Adjudication 710
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.14
Excerpt: ...based on Labor Code §2802. The motion for summary adjudication as to Issue 3 based on CCP §§1021.6 and tort of another is MOOT in light of the ruling on Issues 1 and 2. Stites moves for summary adjudication of three issues identified in the notice of motion. The Court declines to rule on Armendarez's Objection as they are immaterial to the Court ruling under CCP §437c(q). Stites' RJN is GRANTED. I. Issue 1: "Summary adjudication is proper as ...
2023.04.13 Motion to Quash Service of Summons and Complaint 963
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.13
Excerpt: ...s Motion to Quash based on Lack of Personal Jurisdiction and Forum Non Conveniens is DENIED. Plaintiff's Objection to Evidence filed by Defendant Bastiat USA—OVERRULE Defendant Bastiat USA, Inc.'s Objections to Plaintiff's Evidence— To deposition of Jane Doe—OVERRULE as to Objection Nos. 1 and 4 and SUSTAIN as to Objection Nos. 2, 3, 5, 6, 7, 8 and 9. To declaration of C. Skilbred—SUSTAIN as to all objections. To declaration of D. Allen�...
2023.04.13 Motion to Expunge Lis Pendens 418
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.13
Excerpt: ...ANTED. Defendant Taheri's request for fees in the amount of $7,235 is GRANTED as to Plaintiffs. I. Applicable Law “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” CCP §405.30. On a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has...
2023.04.13 Motion for Summary Judgment 890
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.13
Excerpt: ... for Summary Judgment is GRANTED. Plaintiff is to submit the proposed judgment. An essential element of an unlawful detainer claim based on nonpayment of rent is service of a 3- day notice to pay rent or quit. See CCP §1161(2). Plaintiff submits evidence that it served a 3-day notice to pay rent or quit by substituted service on Alex Mojado, manager of “Restaurant.” See Motion, Dec. of G. Mitchell, ¶8, Ex. C. Plaintiff also submits evidence...
2023.04.13 Motion for Attorney Fees 884
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.13
Excerpt: ...nc. TENTATIVE RULING Plaintiff Heather Andrews' Motion for Attorney's Fees is GRANTED in the amount of _____________. Plaintiff's request for a multiplier is DENIED. Defendants' objections and motions to strike declarations of Kete Barnes and Ryan Abbott are OVERRULED and DENIED. Andrews undisputedly prevailed on her Labor Code claims. Defendants do not dispute this. As such, Andrews is entitled to recovery of a reasonable fee for the time spent ...
2023.04.11 Motion for Summary Adjudication 205
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.11
Excerpt: ...D. Defendant negates any liability based on the statutes cited in Plaintiff's 2 nd cause of action for negligence based on Government Code §§815.2, 815.4 and 820 due to immunity under Government Code §840. Plaintiff fails to raise triable issues of fact based on the operative complaint. To the extent Plaintiff seeks leave to add Government Code §840.2 to the 2 nd cause of action as grounds for liability, she must move to do by noticed motion ...
2023.04.06 Motion to Tax Costs 820
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.06
Excerpt: ...laintiff Brian Deming s Motion to Tax Costs is GRANTED as to Item 13 in the amount of S279.57, leaving a total of $2,009.43 in Other costs, and DENIED as to all other Items. Plaintiff Wendy Deming's Motion to Tax Costs is GRANTED as to Item 13 in the amount of $279.57, leaving a total of $2,009.43 in Other costs, and DENIED as to all other Items. I. Defendants are entitled to recovery of costs asa matter of right as "prevailing parties" under CCP...
2023.04.04 Motion for Leave to Amend Complaint 817
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.04
Excerpt: ...ENTATIVE RULING Plaintiffs' Motion for Leave to Amend Complaintis DENIED. I. Plaintiffs fail to satisfr CRC Rule 3.1324 Requirements A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate It from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, para...
2023.04.04 Motion for Leave to File FAC 641
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.04
Excerpt: ...vo's Motion for Leave to File First Amended Complaint is GRANTED. Corvo is ordered to file the proposed FAC under separate cover. "Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown." P&D Consultants Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. Prejudice exists, for example, where the plaintiff unduly delayed in s...
2023.04.04 Motion for Summary Judgment, Adjudication 577
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.04.04
Excerpt: ...n the alternative, Summary Adjudication is DENIED. Defendant fails to satis$ its initial burden as moving party. Plaintiffs Evidentiary Objections To Cato Declaration— OVERRULE as to Objection Nos. 1-4 To Bernardo Declaration— Objection 1: SUSTAIN as to "As such...collecüve bargaming agreement" and OVERRULE as to remammg. Objection 2-3, 6-9: SUSTAIN Objection 4-5: OVERRULE To Simidjian Declaration— Objection 1, 3, 4, : SUSTAIN Objection 2:...
2023.03.30 Motion for Cost of Proof Sanctions 395
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.30
Excerpt: ...en requested to do so under this chapter and if the party- requestmg that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees." CCP 52033.4200. I. Plaintiffs Motion DENIED as to Issue Nos. 1, 2...
2023.03.28 Pitchess Motion 943
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.28
Excerpt: ...ICE. Plaintiff fails to demonstrate good cause under Evidence Code 51043 as to each of the Ävelve categories of documents identified in the Notice of Motion. ANALYSIS A peace officers personnel file is only discoverable pursuant to Evidence Code "1043 and 1045. Evidence Code 51043 "requires the party seeking the discovery of peace or custodial officer personnel records or information from those records to file a motion with the court and give no...
2023.03.28 Demurrer 889
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.28
Excerpt: ...t is OVERRULED. Ronald's demurs to the express indemnification cause of action alleged in Citys Cross-Complaint filed on 10-14-22. The express indemmfication cause of action is based on the following indemnification provision contained in the membership agreement signed by Ronald: "The undersigned hereby agrees to defend, indemni$, and hold harmless the City of Calabasas and Its omcers, employees and agents from and against any and all loss, liab...
2023.03.23 Motion for Protective Order or to Quash Deposition Subpoena 577
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.23
Excerpt: ...f Gordon Klein TENTATIVE RULING Defendants The Regents of the University of California and Antonio Bernardo's Motion for Protective Order, or in the alternative, Motion to Quash Plaintiffs Deposition Subpoena to Charles E. Young is DENIED. Defendants move for a protective order under CCP 51987.1 or an order quashing the subpoena under CCP 52025.420. "Before, during, or after a deposition, any party any deponent, or any other affected natural pers...
2023.03.23 Demurrer, Motion to Strike 109
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.23
Excerpt: ...violence under CC 552.4 and 8th cause of action for general negligence is SUSTAINED WITHOUT LEAVE TO AMEND and to the 1st cause of action for negligent hiring, etc„ 2nd cause of action for negligent failure to warn, 4th cause of action for sexual harassment, 7th cause of action for IIED, 9th cause of action for violation of Unruh Act and 10th cause of action for violation of Bane Act is OVERRULED. Defendant Men's Health is not named in the 5th ...
2023.03.16 SLAPP Motion 722
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.16
Excerpt: ...14 and 15. I. The Court exercises its discretion to hear it the arguably untimely motion. "The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the courtrequire a later hearing." CCP 5425.160...
2023.03.16 Motion to Dismiss FAC or Stay Action, Application for Writ of Attachment 457
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.16
Excerpt: ...ama, Inc. RESP. PARTY: (2) Plaintiff Velaro, Inc. (1) Plaintiff Velaro, Inc. (2) Defendant LG Electronics Alabama, Inc. TENTATIVE RULING Defendant LG Electronics Alabama, Inc.'s Motion to Dismiss Plamtiffs PAC is GRANTED The action is dismissed pursuantto Y9(a) of the 5-27-08 Agreement and CCP 5418.10. Plaintiffs Application for Writ of Attachment is off calendar in light of the dismissal. Defendant's RJN ISO of the Motion to Dismiss is GRANTED. ...
2023.03.14 Motion for Summary Judgment, Adjudication 160
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.14
Excerpt: ...Defendant Jad Roofs, Inc's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. Jad's objections to Dec. of S. Dozer—OVERRULE Jad's objection to Dec. of E. Willmer—OVERRULE Jad moves for summary judgment or adjudication of two separate pleadings, Jad's cross-complaint against Svatek and Svatek's cross-complaint against Jad. Jad improperly combined the request for summary judgment of two separate pleadings in a si...
2023.03.14 Demurrer to FAC 129
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.14
Excerpt: ...EAVE TO AMEND as to Stone and OVERRULED as to Nowog on the 2nd cause of action for negligence; SUSTAINED WITHOUT LEAVE TO AMEND on the 3 rd cause of action for Negligent Infliction of Emotional Distress (NIED) and OVERRULED on the 4 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants do not demur to the 1 st cause of action for premises liability alleged against Defendant Nowog only. II. Demurrer to 2 nd cause o...
2023.03.09 Motion for Summary Judgment, Adjudication 440
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.09
Excerpt: ...t dated May 17, 2011 TENTATIVE RULING Cross-Defendant James Hanley's Motion for Summary Judgment, or in the alternative, Summary Adjudication is DENIED. A. Burden on summary judgment based on affirmative defense Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of...
2023.03.09 Demurrer 598
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.09
Excerpt: ... WITH 10 DAYS LEAVE TO AMEND. The Cross-Complaint in included as part of the answer. Each cause of action in the Cross- Complaint incorporates by reference, “all preceding paragraphs of her Answer, Affirmative Defenses and Counterclaims.” Because this defect infects the entirety of the pleading and makes it impossible for the Court to determine what precise facts are incorporated into each cause of action, Plaintiff's demurrer to each separat...
2023.03.02 Demurrer to FAC 489
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.02
Excerpt: ...e FAC is OVERRULED. Defendant to answer in 10 days. I. 1 st cause of action for breach of contract—OVERRULE Defendant ABM argues the contracts will disprove Plaintiff's allegations of breach, because they do not impose the obligations alleged by Plaintiff in ¶¶10 and 13 of the FAC. However, a demurrer does not test the Plaintiff's ability to prove the complaint allegations. See Scmier v. City of Berkeley (2022) 76 Cal.pp.5th 549, 553, fn 4 (u...
2023.03.02 Demurrers, Motion to Strike 534
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.02
Excerpt: ...SP. PARTY: No opposition was filed. Defendants filed a notice of non-opposition. TENTATIVE RULING Defendants Bye Bye House, Inc. and Center Street Lending VIII, SPE, LLC's (“Defendants”) Demurrer to the claims in the First Amended Complaint (FAC) for quiet title and cancelation of written instrument is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendants' Motion to Strike the Fraud cause of action is GRANTED, WITHOUT LEAVE TO AMEND. REASONING Pl...
2023.03.02 Motion for Leave to Designate Experts 587
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.02
Excerpt: ...nd Michael Vaughan Public Insurance Adjusters TENTATIVE RULING Defendant/Cross---Complainant Michael Hakim's Motion for Leave to Designate Experts for Defendants/Cross---Complainants is DENIED. I. Applicable Law “On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date.” CCP §2034.710(a). “A motion und...
2023.03.01 Motion for Leave to File Amended Complaint 198
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.03.01
Excerpt: ...LING Plaintiff/Cross-Defendant Moda's Motion for Leave to File a Fourth Amended Complaint is DENIED. Plaintiff unduly and unreasonably delayed in moving for leave to cure pleading defects first raised by Defendants in February 2022. Based on Plaintiff's explanation for seeking leave at this late hour, Plaintiff could have cured these defects in February 2022 and obtained leave in connection with the Motion to Strike. Plaintiff failed to do so and...
2023.02.23 Demurrer to FAC 974
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.23
Excerpt: ...derlyi & Associates, Inc., Peter T. Erdelyi and Sayed Attaalia's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for fraud and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for negligence, 4 th cause of action for violation of B&PC §17200, 5 th cause of action for breach of the implied covenant of good faith and fair dealing and 6 th cause of action for declaratory relief. I. 1 ...
2023.02.16 Demurrer to FAC, Motion to Strike 702
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.16
Excerpt: ... and Scott Walter RESP. PARTY: Plaintiff Gert Besson TENTATIVE RULING Defendants 1238 10 th Street, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite, LLC, WNMS Communities, LLC, Neil Shekhter, Margot Shekhter, Adam Shekhter and Scott Walter's Demurrer is OVERRULED. Defendants 1238 10 th Street, LLC, NMS Properties, Inc., NMS Residential, LLC, My Suite, LLC, WNMS Communities, LLC, Neil Shekhter, Margot Shekhter, Adam Shekhter and Scott Wa...
2023.02.14 Motion for Summary Judgment 503
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.14
Excerpt: ...gers, Jr. TENTATIVE RULING Defendants TKAT, Inc. d/b/a Volvo of Santa Monica and Ally Bank's Motion for Summary Judgment is GRANTED. Defendants TKAT, Inc. and Ally Bank are only named in the first cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Plaintiff alleges Defendants violation Civil Code §1770(a)(7) and (14) when they failed to disclose that the engine was “flagged” and therefore could not be repaired. �...
2023.02.09 Motion for Summary Adjudication 390
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.09
Excerpt: ...cause of action for Housing Discrimination based on Income is GRANTED. Undisputed facts establish that Defendants violated S.M.M.C. §4.28.030 by discriminating against St. James based on source of income. See Defendants' SSUMF Nos. 3-9. Under S.M.M.C §4.28.030(a), “It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation, or any authorized agent or employee of such person, to do or...
2023.02.09 Motion for Summary Adjudication 339
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.09
Excerpt: ...cause of action for Housing Discrimination based on Income is GRANTED. Undisputed facts establish that Defendants violated S.M.M.C. §4.28.030 by discriminating against St. James based on source of income. See Defendants' SSUMF Nos. 3-9. Under S.M.M.C §4.28.030(a), “It shall be unlawful for any person offering for rent or lease, renting, leasing, or listing any housing accommodation, or any authorized agent or employee of such person, to do or...
2023.02.07 Motion to Change Venue 665
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.07
Excerpt: ...or Change of Venue is GRANTED. Defendants' request for sanctions is DENIED. Defendants' Evidentiary Objections—SUSTAIN as to Objection Nos. 10 (“Mr. Levaton stated that he was fine…myself agreed), 11, 12 (“Our partnership agreement was formed in Los Angeles”), 18, 22, 23, 24, 27, 47, 55 and OVERRULE as to Objection Nos. 1-10 (“On March 20, 2018, Huber and Dryden traveled…that Mr. Levaton would refer to me as partner of Global.”), ...
2023.02.02 Motion for Summary Judgment, Adjudication 731
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.02
Excerpt: ...ino and Patty Kranker RESP. PARTY: Plaintiff AJ DOE, a minor by her Guardian Ad Litem, JB Doe TENTATIVE RULING Defendants LAUSD, Kathy Flores, Jeannie Micelli, Bernadette Duffy, Eduardo Merino and Patty Kranker's Motion for Summary Judgment or in the alternative, Summary Adjudication is DENIED. Defendants' Objections to Plaintiff's Evidence Objections to Dec. of JB Doe—SUSTAINED as to Objection No. 8 and OVERRULED as to Objections 1-7, 9- 26. O...
2023.02.02 Demurrer 834
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.02.02
Excerpt: ...rs, Inc. d/b/a Reaume Richardson and Rapid Gas, Inc. TENTATIVE RULING Plaintiff/Cross-Defendant Advanced Framing Structures, Inc.'s Demurrer to Cross-Complaint of City Constructors, Inc. d/b/a Reaume Richardson is SUSTAINED WITHOUT LEAVE TO AMEND to the 2nd cause of action for equitable indemnification and OVERRULED as to the 1 st cause of action for breach of contract, 3 rd cause of action for express indemnification and 4 th cause of action for...
2023.01.31 Application for Determination of Good Faith Settlement, Motion to Contest Good Faith Settlement 273
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.31
Excerpt: ... Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant KN Coatings TENTATIVE RULING Cross-Defendant KN Coatings Application for Determination of Good Faith Settlement is GRANTED. KN Coatings' $8500 settlement is not disproportionately low based on the evidence of Ramo's approximate recovery and KN Coatings' proportionate liability. Pac West fails to establish that the settlement is in bad faith. C...
2023.01.31 Demurrer, Motion to Strike 791
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.31
Excerpt: ...rrer is OVERRULED. Defendants' Motion to Strike is DENIED. Defendants to answer in 10 days. I. 2 nd cause of action for financial elder abuse—OVERRULED Financial elder abuse “occurs when a person or entity does any of the following: (1) [t]akes, secretes, appropriates, obtains, or retains real or personal property of an elder ... for a wrongful use or with intent to defraud, or both[;] [¶] (2) [a]ssists in taking, secreting, appropriating, o...
2023.01.31 Motion for Preliminary Injunction 031
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.31
Excerpt: ...mas, M.A.E.C. LLC and Healthcare Deal Team TENTATIVE RULING Plaintiffs' Motion for Preliminary Injunction is DENIED. Plaintiffs seek issuance of a preliminary injunction based on their causes of action misappropriation of trade secret and unfair competition. Plaintiffs must establish the likelihood that (1) the likelihood of prevailing on these causes of action; (2) the existence of irreparable harm/inadequacy of legal remedies, i.e. a real threa...
2023.01.26 Motion to Confirm Arbitration Award 995
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.26
Excerpt: ...itration Award is GRANTED. The proposed order and judgment are amended to include a dismissal of Plaintiff's 2 nd, 3 rd and 4 th causes of action for negligent misrepresentation, CC §895, et seq. and negligence. Plaintiff is to submit a new proposed order. “Any party to an arbitration which an award has been made may petition the court to confirm, correct or vacate the award.” CCP §1285. “A petition under this chapter shall: (a) set forth...
2023.01.24 Motion to Transfer Venue 227
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.24
Excerpt: ... Construction Law, APC's Motion to Transfer Venue is GRANTED. Defendants are to submit the proposed order. I. Motion is not brought pursuant to CCP §396b and is timely “Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be t...
2023.01.24 Motion to Quash Service of Summons 044
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.24
Excerpt: ...E RULING Defendant Michael Wibben, Administrator of the Estate of Charles R. Nauert's Motion to Quash Service of Summons is GRANTED. Plaintiff sued Defendant Michael Wibben in his representative capacity as administrator of the Estate of Charles R. Nauert. See Summons on Complaint filed on 11-8-22. Wibben was discharged as the administrator of the Estate on 6-13-22. See Motion, RJN, Ex. F. Wibben argues the Court must grant this motion to quash a...
2023.01.24 Motion to Compel Production of Docs, for Sanctions 135
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.24
Excerpt: ...ntiff Ekoh Investment, Inc. RESP. PARTY: Non-party Deponent Gregory S. Kim TENTATIVE RULING Plaintiff's Motion to Compel Production of Documents by Gregory S. Kim of the Law Office of Gregory S. Kim and Request for Sanctions against the Law Office of Gregory S. Kim in the Amount of $3920 is GRANTED as to the request to compel and DENIED as to sanctions. Plaintiff moves to compel documents from Gregory S. Kim in response to RFP Nos. 1-18 contained...
2023.01.24 Motion for Attorney Fees 186
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.24
Excerpt: ...t to CCP §425.16(c) is GRANTED in the reduced amount of ________________ in fees and $911.69 in costs. The Court's reduction of fees reflects Defendant's partial victory on Defendant's SLAPP Motion. Defendant Gonzalez partially prevailed on the SLAPP motion filed on 5-9-22 and heard on 9-15- 22. Defendant's SLAPP Motion was granted as to the fraud cause of action and denied as to the trespass and conversion causes of action. Defendant achieved a...
2023.01.24 Demurrer to FAC, Motion to Strike 124
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.24
Excerpt: ...imited Partnership TENTATIVE RULING Defendant Amber Lease's Demurrer is OVERRULED and Motion to Strike is DENIED. Lease to answer in 20 days. I. Demurrer to 8 th cause of action for civil theft (Penal Code §496(c))—OVERRULE “Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees...
2023.01.12 SLAPP Motion 309
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2023.01.12
Excerpt: ...4 of Varughese's Declaration and SUSTAINED as to ¶¶5-9 of the Varughese Declaration. Plaintiff's evidentiary objections to ¶¶3-5 of the Poulter Declaration are SUSTAINED. Defendant's objections to Grace Kang's declaration (# 1-4) are SUSTAINED the objection to the declaration of B. Brogan (#5) is OVERRULLED. “Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the...
2022.12.15 Demurrer 419
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.12.15
Excerpt: ... to Complaint is OVERRULED. Defendant Apguard to answer in 20 days. I. Whether Apguard Medical Inc. is subject to products liability cannot be determined on this demurrer Defendant Apguard demurs to the 1 st and 2 nd causes of action for products liability on grounds that it is a service provider, not a retailer or distributor of the BiPAP machine that allegedly caused decedent's death. Defendant Apgaurd argues that, as a medical service provider...
2022.12.13 Motion for Summary Judgment 438
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.12.13
Excerpt: ...s Philip W. Boesch, Jr, APC and Philip W. Boesch, Jr.'s Motion for Summary Judgment is DENIED. Defendants' Requests for Judicial notice (RJN) (2) are GRANTED. Plaintiff's RJN is GRANTED. Defendant's objections to the declaration of Gina Lomeli are OVERRULED. Defendants move for summary judgment of Plaintiffs' causes of action for breach of lease agreement and breach guaranty. Defendants' motion is based on the affirmative defense set forth in Sec...
2022.12.13 Demurrer, Motion to Strike 047
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.12.13
Excerpt: ...r conversion and 6 th cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for trespass to chattels, 3 rd cause of action for negligence, 4 th cause of action for negligence per se (Penal Code §459), 5 th cause of action for negligence per se (Penal Code §484) and 7 th cause of action for breach of the implied covenant of good faith and fair dealing. Defendant Ammari's Motion to Strike is DENIED. Defendant to answ...
2022.11.29 Motion for Release of Dunds Held in Blocked Account 112
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.29
Excerpt: ...: Plaintiff Goldman Sachs Bank USA TENTATIVE RULING Plaintiff Riehl Construction Consulting, LLC's Motion for Release of Funds Held in Blocked Account Payable to Riehl Construction Consulting, LLC is DENIED. I. Riehl's judgment in 20SMCV01378 does not entitle it to release of the blocked funds “Due process requires service of a complaint that names as defendants all persons who have a title interest in, or a lien on, the premises and will be af...

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