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2022.11.17 Demurrer 025
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.17
Excerpt: ...and (2) Defendants/Cross-Complainants Darrell Roy Enterprises, Inc. and Michael Roy TENTATIVE RULING Plaintiff/Cross-Defendant Maliview Estates' Demurrer to Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff/Cross-Defendant Amit Apel's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. “Equitable indemnity is an equitable doctrine that apportions responsibility among tortfeasors responsible for the same indivisible injury on a comparativ...
2022.11.15 Application for Good Faith Settlement Determination 096
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.15
Excerpt: ...aith Settlement Determination is GRANTED. Background Plaintiff Rafael Garcia (“Plaintiff”) alleges as follows: On October 14, 2019, at approximately 7:40 p.m., Plaintiff was riding his motorcycle northbound on Grand Avenue in Diamond Bar (“City”) when Afzal M. Hai (“Afzal”), driving southbound of Grand Avenue, turned left onto Cleghorn Drive resulting in a collision. City and County of Los Angeles (“County”) created a dangerous co...
2022.11.14 Motion to Dismiss for Failure to Bring Matter to Trial 080
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.14
Excerpt: ...Matter to Trial Within Five Years is DENIED. The trial court lacks jurisdiction to dismiss this case in response to a motion to dismiss filed by Fichman's counsel. “The defendant here having died, the court could have allowed the action to continue against her personal representative or her insurer, but it could take no action without someone to defend the case. The record shows neither the appointment of a personal representative for defendant...
2022.11.10 Motion for Summary Adjudication 273
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.10
Excerpt: ...ation, Inc. and Evan E. Levi's Motion for Summary Adjudication is DENIED. Objection to Declaration of D. Carr—SUSTAINED as to 10, 11, 21, 22, 45, 65, 66, 67, 68, 69 and OVERRULED as to remaining. Objection to Declaration of Evan Levi—SUSTAINED as to Obj. Nos. 1, 3-13, 17 and OVERRULED as to Obj. Nos. 2, 14, 15, 16, 18, Exs. E and F Objection to Declaration of V. Megeurian—SUSTAINED as to Obj. Nos. 1, 2, 2 (there are two Objection No. “2�...
2022.11.10 Motion for Preferential Trial Setting 323
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.10
Excerpt: ... and Lynda A. Levy's Motion for Preferential Trial Setting is GRANTED. Plaintiffs submitted a declaration in conformity with CCP §36.5 attesting to service of process on all essential parties in this action. See Motion, Dec. of M. Palmer, ¶9. Defendants' objection based on failure to comply with CCP §36.5 is overruled. Plaintiffs move for trial preference pursuant to CCP §36(a) and (e). Defendants oppose any request for trial preference under...
2022.11.10 Demurrer 061
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.10
Excerpt: ... answer in 10 days. Defendant's RJN is GRANTED. Plaintiff's RJN is GRANTED. Suspension of a corporation provides an opposing party with an affirmative defense that, when timely raised, prevents the corporation from prosecuting or defending an action in a California court. See Rev. & Tax. C. §§23301, 13301.5; Bourhis v. Lord (2013) 56 Cal.4th 320, 324. Further, contracts entered into by the corporation during suspension are voidable at the optio...
2022.11.08 Motion to Consolidate 410
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.08
Excerpt: ... not yet been related. The hearing on relation of the two cases is set for hearing on the same date as this motion to consolidate. 22VECV00766 is currently pending in Department W of the Van Nuys Courthouse. “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department,...
2022.11.03 Motion for Summary Judgment, Adjudication 205
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.03
Excerpt: ...in the alternative, Summary Adjudication is DENIED. Plaintiff's Evidentiary Objection to Supp. Dec. of R. Miller— SUSTAINED. I. Defendant fails to establish immunity under GC §830.6 as a matter of law Defendant City's MSJ/A based on design immunity pursuant to GC §830.6 is denied. Govt. Code § 830.6 provides, “Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construc...
2022.11.02 Motion for Judgment on the Pleadings 806
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.02
Excerpt: ...nsel informed the Court that Plaintiff Interlandi had assigned his claims in this action to his former counsel, Gina Lisita. Defendant objected, asserting such assignment was illegal. On September 30, 2022, with Lisitsa present, counsel for Plaintiff Interlandi confirmed he intends to “substitute” Lisitsa into this case as the plaintiff and that he would represent Lisitsa as the real party in interest in place of Interlandi. A copy of the ass...
2022.11.01 Petition to Vacate or Alter Arbitration Award 373
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.11.01
Excerpt: ...6.2. Petitioner seeks to vacate the arbitration award based on (1) misconduct of a neutral arbitrator substantially prejudiced petitioner's rights; (2) the arbitrator exceeded his or her authority, and the award cannot be fairly corrected; and (3) the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. See Petition, Item 10(c). Petitioner argues the panel improperly excluded her expert's testimony...
2022.10.27 SLAPP Motion to Strike 362
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.27
Excerpt: ...ato's Motion to Strike is DENIED. Keith Fink and Associates' (KFA)request for fees is DENIED. “Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has “at least ‘min...
2022.10.25 Motion for Specified Discovery 309
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.25
Excerpt: ...aintiff is granted leave to conduct the specific discovery identified in the proposed order received 9-9-2022. A court may grant a continuance of an anti-SLAPP motion to allow discovery for good cause. (§ 425.16, subd. (g).) (§ 425.16, subd. (g).) “To establish good cause, the plaintiff must file a noticed motion identifying the specific discovery sought and showing this discovery is needed to establish a prima facie case and tailored to that...
2022.10.20 Motion for Summary Judgment 817
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.20
Excerpt: ... Defendants David Yashar and DSY Pharmacy Inc. d/b/a Ace Medical Pharmacy's Motion for Summary Judgment is DENIED. Defendants fail to negate Plaintiffs' allegations of breach and causation. Plaintiff's Objections to Defendants' Evidence—OVERRULE. Yashar's statement that he did not recall Decedent specifically does not render his opinion lacking in foundation. Yashar testifies to habit and custom and the testimony is admissible per Evidence Code...
2022.10.20 Motion for Attorney Fees 157
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.20
Excerpt: ..., et al. TENTATIVE RULING Defendant Eric L. Foumberg's Motion for Attorney's Fees is GRANTED. Foumberg is awarded fees in the amount of _____________ I. Foumberg entitled to fees as nonsignatory sued as alter ego of judgment debtors A nonsignatory sued as if a party to the contract (e.g., as alter ego or partner or coventurer of the signatory corporation) can recover fees as a prevailing party. See Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d...
2022.10.19 Motion to Compel IME 033
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.19
Excerpt: ...atic Stay,” advising therein of its Chapter 11 bankruptcy filing. On November 12, 2020, a “Notice of Stipulation Re: Relief from the Automatic Stay; and Order Thereon” was filed. On September 21, 2021, this action was transferred from Department 32 of the Personal Injury Court to this department. On January 14, 2022, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against SpeedZone Los Angeles, Apex Parks ...
2022.10.19 Motion for Summary Judgment 240
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.19
Excerpt: ...October 29, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants C&L Refrigeration Corporation (“C&L”), Angle Ironworks, Inc. (“Angle”) and Does 1‐50 for: 1. Negligence 2. Premises Liability On January 3, 2020, Plaintiff filed an “Amendment to Complaint,” wherein GB Metal Fabricators, Inc. (“GB Metals”) was named in lieu of Doe 1. On March 11, 2020, GB Metals filed a cross‐complaint, a...
2022.10.19 Motion for Summary Adjudication 347
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.19
Excerpt: ...ed Defendant to help him operate the company and paid Defendant wages. Plaintiff was often in China. In about 2007, Plaintiff authorized Defendant to remit about $120,000.00 from his bank account (to which Defendant had been added for business purposes) to purchase a 4- acre piece of vacant land in New Jersey and to consummate the transaction. Defendant later told Plaintiff the transaction had been completed and showed him a copy of his bank stat...
2022.10.18 Motion to Set Aside Default 119
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.18
Excerpt: ... and Erika Schnicke TENTATIVE RULING Defendant Queensland Manor South Cooperative, Inc.'s Motion to Set Aside Default is GRANTED. Plaintiff's Request for Judicial Notice GRANTED. The entry of default is set aside, and a trial setting conference is set for ___________________. This case was initially assigned to the LASC “Personal Injury Hub Court.” On November 10, 2021, the then assigned PI Hub judge granted the plaintiff's “motion for term...
2022.10.18 Application for Determination of Good Faith Settlement, Motion to Contest Good Faith Settlement 273
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.18
Excerpt: ...ces, Inc. and Adrian Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant Mason-Taylor Construction Inc. TENTATIVE RULING Cross-Defendant Mason-Taylor Construction's Application for Determination of Good Faith Settlement is DENIED WITHOUT PREJUDICE. Defendants Pacific West Constructions Services, Inc. and Adrian Jesus Hernandez's (collectively referred to as “Pacific West”) Motion to Contest ...
2022.10.13 Motion for Summary Judgment 465
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.13
Excerpt: ...RANTED. I. Invasion of Privacy Law “One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person. The definition of the intrusion tort consists of two elements: (1) the intrusion into a private place, conversation or matter, (2) in a manner h...
2022.10.11 Motion for Leave to File SAC 704
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.11
Excerpt: ...r Leave to File Second Amended Complaint is GRANTED. Plaintiff's declaration in support of the motion satisfies the requirements under CRC Rule 3.1324. Plaintiff identifies the amendments, their effect, and the information that prompted the amendment. See Dec. of J. Mendelson, ¶¶3-26. “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 par...
2022.10.06 Motion to Consolidate 924
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.06
Excerpt: ... Consolidate is GRANTED with the condition that Nulane deposit with the Court, or an agreed upon escrow or trust account all monthly rent MDRCA claims is due each month under the lease pending further order of the Court. Nulane is to prepare the proposed order. As acknowledged in Martin-Bragg v. Moore (2013) 219 Cal.App.4 th 367, consolidation of a UD action and a civil action involving complex title issues would improperly compromise the due pro...
2022.10.06 Motion for Summary Judgment 145
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.06
Excerpt: ...009 TENTATIVE RULING Defendant Nautilus Insurance Company's Motion for Summary Judgment is DENIED. Triable issues of fact remain regarding the damages element of Plaintiff's claims against Nautilus. See Defendant's SSUMF Nos. 8-11; Plaintiff's Response to Defendant's SSUMF Nos. 8-11. Defendant Nautlius's Evidentiary Objections Nos. 8 and 9 (Javaheri Dec. ¶¶8-10) are OVERRULED. Defendant Nautilus's Evidentiary Objections 1-7, 10-18 are not ruled...
2022.10.06 Demurrer, Motion to Strike 534
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.06
Excerpt: ...nc.'s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant WFG's Motion to Strike is MOOT. Plaintiff's opposition was filed on 7 court days before the hearing date. While the opposition is untimely, The Court exercises its discretion to consider it. Standing. Plaintiff fails to allege standing to sue for cancellation of instruments, quiet title or fraud. Plaintiff alleges he is the only child of Brigitta Sjorstand, that he is ...
2022.10.06 Anti-SLAPP Motion to Strike 778
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.06
Excerpt: ...ANTED. Plaintiffs' Objections to Zohar Declaration are (1) SUSTAINED as to Objections 9-14 and (2) OVERRULED as to Objections 1-8, 14-28. Defendants' Objections to Cook Declaration are (1) SUSTAINED as to Objections 1-3, 4 as to “Specifically, Guillod told me…in those capacities,” 5 as to “Specifically, Guillod again told me…in those capacities,” 12-43 and (2) OVERRULED as to Objections 6-11. Defendants' Objections to Turnauer Declara...
2022.10.05 Motion for Summary Judgment 074
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.05
Excerpt: ...item, Evelyn Garcia, and Evelyn Garcia, individually (“Garcia”) (collectively, “Plaintiffs”) allege as follows: On March 23, 2018, Felix was a 4‐year‐old student at Baker Elementary School (“School”) in El Monte, CA, which is within the Mountain View School District (“District”). Felix sustained injuries after he was left unsupervised in the bathroom and pushed by another student. On May 1, 2019, Plaintiffs filed a complaint, ...
2022.10.04 Demurrer 595
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.10.04
Excerpt: ...RANTED. Defendant is to prepare the order and judgment of dismissal. I. Demurrer to 1 st through 4 th causes of action for violations of Civil Code §§2923.5, 2923.6(c), 2923.7 and 2924.9 is SUSTAINED WITHOUT LEAVE TO AMEND Plaintiff alleges violations of Civil Code §§2923.5, 2923.6(c), 2923.7 and 2924.9. Pursuant to Civil Code §2924.15(a), each of these sections “shall only apply to a first lien mortgage or deed of trust that meets either ...
2022.09.29 Motion for Summary Adjudication 361
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.29
Excerpt: ...ior tentative ruling of August 4, 2022, is withdrawn in its entirety. Defendants/Cross-Complainants Manchengo, LLC and Arcade Edit New York, LLC's Motion for Summary Adjudication is DENIED, in its entirety. Defendants/Cross-Complainants' Notice of Motion moves to adjudicate the following causes of action for adjudication from the First Amended Complaint (FAC) (1) the 1 st cause of action for breach of written contract; (2) the 4 th cause of actio...
2022.09.27 Motion to Disqualify Counsel 150
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.27
Excerpt: ...tember 27, 2022. Having considered Plaintiff's memorandum in opposition to the Court's motion, the Court finds that Plaintiff's claim necessarily involves less than $25,000. [Walker v. Sup.Ct. (1991) 53 Cal. 3d 257, 269-270.] Plaintiff seeks as award of damages for unpaid attorney's fees of $21,105 plus prejudgment interest. Plaintiff admits the amount in controversy only exceeds $25,000 if prejudgment interest is included in the calculation of d...
2022.09.27 Demurrer to FAC 285
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.27
Excerpt: ...e TENTATIVE RULING Defendants Screamline Investment Coprporation, Kamrouz Farhadi, Shoehleh Sapir and Starline Tours of Hollywood's Demurrer to the First Amended Complaint (FAC) is OVERRULED. Defendants' Motion to Strike the FAC is DENIED. Defendants to answer in 10 days. Plaintiffs' Request for Judicial Notice (RJN) is DENIED. Plaintiff's RJN references Exhibits 2 and 3 but no such exhibits are attached. Defendants demur to the complaint on grou...
2022.09.22 Motion to Set Aside or Vacate Default 393
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.22
Excerpt: ... Elsenhans and Sam Branco's Motion to Set Aside/Vacate Default is DENIED. Judgment Debtors' Motion to Set Aside/Vacate Default pursuant to CCP §473(b) is DENIED as untimely. The judgment was entered on 7-26-21. The motion was not filed until 6-17-22, almost a year later. CCP §473(b) imposes a mandatory deadline of six months (“within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was ta...
2022.09.20 Motion to Compel Arbitration 924
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.20
Excerpt: ...s Ltd.'s Motion to Compel Arbitration is GRANTED. The action is stayed pending completion of arbitration pursuant to 9 USC §3 and CCP §1281.4. Plaintiff and Defendant agree that an arbitration agreement applicable to the controversy exists. Plaintiff seeks specific performance of the parties' Purchase Agreement. The Purchase Agreement contains a clearly applicable arbitration clause: “The parties agree that any dispute or claim in law or equi...
2022.09.20 Motion for Fees 066
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.20
Excerpt: ...VE RULING Defendants Oscar Ramirez and Law Offices of Oscar Ramirez PC's Motion for Fees Pursuant to CCP §425.16(c) is GRANTED. The Court awards $108,750 in attorney's fees as the reasonable fee for the work performed by counsel for the Ramirez defendants. I. Applicable Law “[A]bsent circumstances rendering the award unjust, an attorney fee award should ordinarily include compensation for all the hours reasonably spent, including those relatin...
2022.09.20 Demurrer, Motion to Strike 081
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.20
Excerpt: ...r is SUSTAINED WITHOUT LEAVE TO AMEND as to the 5 th cause of action for private nuisance, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 9 th cause of action for violations of Rent Escrow Account Program (Chapter XVI) and OVERRULED as to the 8 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants' Motion to Strike is DENIED as to the punitive damages claim and GRANTED as to the treble damages claim. I. 5 th caus...
2022.09.16 Motion to Compel Arbitration 114
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.16
Excerpt: ...ntiff CAS-Concrete Asphalt Specialists, Inc.'s Motion to Compel Arbitration is DENIED. I. Applicable Law “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controve...
2022.09.16 Application for Determination of Good Faith Settlement, Motion to Contest Good Faith Settlement 237
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.16
Excerpt: ...Inc. and Adrian Jesus Hernandez RESP. PARTY: (1) Defendant Pacific West Construction Services, Inc. (2) Cross-Defendant Serfin Construction TENTATIVE RULING Cross-Defendant Serfin Construction Inc.'s Application for Determination of Good Faith Settlement is GRANTED. Defendants Pacific West Constructions Services, Inc. and Adrian Jesus Hernandez's (collectively referred to as “Pacific West”) Motion to Contest Good Faith Settlement is DENIED. P...
2022.09.13 Motion for Summary Judgment, Adjudication 113
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.13
Excerpt: ...3 MOVING PARTY: Plaintiffs/Cross-Defendants Porfirio Ballardo and Irene Ballardo RESP. PARTY: Defendants/Responding Parties Venice Terrace, LLC and Michael J. Dobson TENTATIVE RULING Plaintiffs/Cross-Defendants Porfirio Ballardo and Irene Ballardo's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. The Ballardos move for summary judgment or adjudication of (1) the sole cause of action in their complaint against De...
2022.09.08 Demurrer, Motion to Strike 250
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.08
Excerpt: ...RULING Defendant John Nguyen's Demurrer to the Complaint is OVERRULED and the Motion to Strike is DENIED. Defendant Jack Sweener's Joinder is GRANTED. “Anything which is injurious to health ... or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property” is a nuisance. See CC §3479; Citizens for Odor Nuisance Abatement v. City of San Diego (20...
2022.09.08 Motion for SLAPP Fees 465
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.08
Excerpt: ...of $225/hr for a total of 122.81 hours or a total of $27,632.25, plus costs in the amount of $1,357.73. Defendant is to submit the proposed order. I. Defendant Tsai is entitled to fees as partially prevailing party A defendant who partially succeeds on an anti-SLAPP motion generally is considered a prevailing party and therefore entitled to fees and costs, unless the results of the motion were so insignificant that defendant did not achieve any �...
2022.09.08 SLAPP Motion 868
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.08
Excerpt: ...ary Objections to M. Lambert Dec.—OVERRULE Defendants' Evidentiary Objections to R. Kavanaugh Dec.—SUSTAIN as to identified references to “illegally,” “false” and “falsely” and “defamatory” and ¶18(3:1-16) and OVERRULED as to remaining objections. Defendants' Evidentiary Objections to Dec. of T. Clare—SUSTAIN as to Exhibits N, S, T, U, ¶¶6, 8, 9 and reference to “defamatory” in ¶5 (2:7). Defendants' Evidentiary Objec...
2022.09.01 Motion for Terminating Sanctions 013
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.01
Excerpt: ...h Smith TENTATIVE RULING Defendants Bruce B. McLucas M.D., Bruce B. McLucas, MD and Fibroid Treatment Collective's Motion for Terminating Sanctions is DENIED. No lesser sanction for discovery abuse was requested. I. Applicable Law Terminating sanctions should not be imposed lightly and a graduated imposition of sanctions should be used if possible. See Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280 (decision to impose termi...
2022.09.01 Motion for Summary Judgment, Adjudication 932
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.09.01
Excerpt: ...ING Defendant Steven Madden, Ltd.'s Motion for Summary Judgment is GRANTED. Plaintiffs' Objections to the Dec. of K. Klinsport—OVERRULED Defendant Madden's Objections to Plaintiffs' evidence—(1) Court declines to rule on Objection Nos. 1-4, 6-26 per CCP §437c(q); (2) SUSTAINED as to Objection Nos. 27-38; (3) OVERRULED as to Objection No. 5. I. No triable issues of fact remain as the 2 nd cause of action for conspiracy to commit fraud A. Law ...
2022.08.18 Demurrer to FAC, Motion to Strike 116
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.08.18
Excerpt: ...ck TENTATIVE RULING Defendants Misti Schwartz, Courtney Schwartz and Kitti Kittiyachavalit's Demurrer to the FAC is OVERRULED as to the 1 st cause of action for violation of the SMMC and SUSTAIEND WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for quiet title. Defendants' Motion to Strike is GRANTED as to the portions of the FAC identified in ¶¶1, 2, 8, 12 and 16 of the Notice of Motion to Strike, DENIED as to the portions of the FAC ide...
2022.08.12 Motion for Summary Adjudication 361
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.08.12
Excerpt: ... New York, LLC's Motion for Summary Adjudication of Plaintiff's First and Fourth Causes of Action of First Amended Complaint and Defendants First and Fifth Causes of Action of Defendants' Cross‐Complaint is DENIED. Defendants' Request for Summary Adjudication of the 5 th Cause of Action for Reformation in the First Amended Complaint is GRANTED. Evidentiary Objections The Court OVERRULES Defendants' Objections to paragraph 9, and SUSTAINS the ob...
2022.08.09 Demurrer to FAC 171
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.08.09
Excerpt: ...s SUSTAINED with leave to amend. Defendant City demurs to the first cause of action for negligence and fourth cause of action for trespass on grounds that Plaintiff has failed to allege specific statutes imposing mandatory duties to prevent the alleged damage. A public entity is not liable for an injury unless that liability is provided for by statute. Gov. Code § 815(a). “[T]o state a cause of action every fact essential to the existence of s...
2022.08.04 Demurrer, Motion to Strike 340
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.08.04
Excerpt: ...D as to the 7 th cause of action for medical malpractice and 9 th cause of action for breach of fiduciary duty and SUSTAINED WITHOUT LEAVE TO AMEND as to the 8 th cause of action for battery. Defendant to answer in 10 days. I. Demurrer based on statute of limitations under CCP §340.5—OVERRULE Defendant Bromberg demurs to the 7 th through 9 th causes of action for medical malpractice, battery and breach of fiduciary duty based on the one-year p...
2022.08.02 Motion for Summary Judgment, Adjudication 647
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.08.02
Excerpt: ...Ehrlich, MD and Mark S. Litwin, MD RESP. PARTY: Plaintiff Patrick Bertranou TENTATIVE RULING Defendants The Regents of the University of California, Richard M. Ehrlich, MD and Mark S. Litwin, MD's Motion for Summary Judgment, or in the alternative Summary Adjudication is DENIED. I. 1 st cause of action for medical negligence—DENY A. Applicable Law The elements of a medical malpractice cause of action are (1) the duty of the professional to use ...
2022.08.02 Motion for Summary Judgment, Adjudication 347
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.08.02
Excerpt: ...ick Bertranou TENTATIVE RULING Defendants The Regents of the University of California, Richard M. Ehrlich, MD and Mark S. Litwin, MD's Motion for Summary Judgment, or in the alternative Summary Adjudication is DENIED. I. 1 st cause of action for medical negligence—DENY A. Applicable Law The elements of a medical malpractice cause of action are (1) the duty of the professional to use such skill, prudence, and diligence as other members of his pr...
2022.07.28 Motion to Tax Costs 467
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.07.28
Excerpt: ...ch reflects a reduction based on the amount of fees charged by counsel Heller and his firm. I. Petitioners are entitled to seek post‐judgment attorney's fees through either a memo of costs or a noticed motion Respondents argue on reply that Petitioners were required under CCP §1033.5(c)(5)(A) to file a noticed motion for recovery of attorney's fees. However, CCP §1033.5(c)(5)(A) sets forth the procedure for recovery of pre-judgment attorney's...
2022.07.28 Motion for Reconsideration 186
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2022.07.28
Excerpt: ... by the Court with the stipulation of the parties- is DENIED. Twitter originally moved for reconsideration of the Court's 6-6-22 Order granting Plaintiff's ex parte application for expedited discovery, etc. At the Court's invitation, the parties agreed on 7-1-22 that the request for reconsideration would be construed as a motion to quash, mooting any issues of notice as discussed below, and would be considered by the Court without prejudice to an...

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