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2024.02.09 Motion to Compel Arbitration and Stay Action 559
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.09
Excerpt: ...due 5 court days prior to the new hearing date. Introduction Defendants Sky Zone, LLC and SZ Socal, LLC dba Sky Zone Van Nuys, fka SZ Van Nuys Capital Partners, LLC erroneously named/served as 7741 Hayvenhurst, LLC (collectively, Defendants) moved to compel arbitration and stay Plaintiff Linda Nguyen's (Plaintiff) action. Defendant requested attorneys' fees and costs per the arbitration agreement and/or monetary sanctions per Code of Civil Proced...
2024.02.09 Demurrer, Motion to Strike 806
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.09
Excerpt: ...efendant) demurred to Plaintiff Tony Robert Tawil's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraud and deceit and the second COA for breach of the implied covenant of good faith and fair dealing. Defendant concurrently moved to strike the request for punitive damages and allegations referring to three online complaints by unknown persons not parties to this action (Compl. par. 47). Discussi...
2024.02.07 Motion for Leave to File SAC 123
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.07
Excerpt: ...Help All Inc. dba Nonprofit Alliance of Consumer Advocates and Defendant The REO Group, Inc.'s Motions to Compel Arbitration and Stay the Action are MOOT and taken OFF-CALENDAR. Introduction Plaintiff Gina Watson (Plaintiff) moved for leave of Court to file the Proposed Second Amended Complaint (Motion for Leave). Non-Party Serve All, Help All Inc. dba Nonprofit Alliance of Consumer Advocates (NACA) filed an Opposition to the Motion for Leave. De...
2024.02.07 Motion for Judgment on the Pleadings 891
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.07
Excerpt: ...dgment on the pleadings against Plaintiff Lori Murphy's (Plaintiff) First Amended Complaint (FAC). Defendant placed into issue the only cause of action (COA) for “intentional tort.” Plaintiff's opposition was due January 25, 2024 and none was filed. Discussion Preliminarily, the Court noted that Plaintiff cured the pleading identified in the Court's September 13, 2023 Order on the Motion for Judgment on the Pleadings against the original Comp...
2024.02.05 Motion to Set Aside Defaults 442
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.05
Excerpt: ...identiary Objections As the ruling on the objections does not affect the outcome in this matter, the objections are overruled. Introduction Defendants Arthur Minassian, as Special Administrator and Trustee (Arthur ), and Madelene Minassian (Madelene) (collectively, Defendants) moved to set aside their defaults in this action filed by Plaintiffs Aida Galstian Norhadian (Norhadian) and Seda Galstian Aghaian (Aghaian), as individuals and as trustees...
2024.02.05 Demurrer to SAC 140
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.05
Excerpt: ...t cause of action (COA) for negligence, the second COA for premise liability, and the third COA for “business proprietor's or property owner's liability for the criminal conduct of others”. Discussion At the prior demurrer to the First Amended Complaint (FAC), the Court identified two pleading defects that needed to be cured. Plaintiff sufficiently clarified that the attack occurred on the sidewalk and two dogs (Pit Bulls) came from Defendant...
2024.02.05 Demurrer 505
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.05
Excerpt: ...is limited to curing the pleading defects identified and not to add new causes of action. Introduction Defendants Hyundai Motor America (HMA) and Van Nuys-H, Inc. dba Keyes Hyundai of Van Nuys (Keyes) (collectively, Defendants) demurred to Plaintiff Liel Levi's (Plaintiff) Complaint. The demurrer placed into issue the second cause of action (COA) for negligent misrepresentation, fourth COA for strict liability, fifth COA for production liability,...
2024.02.01 Motion to Compel Arbitration and Stay Action 042
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.01
Excerpt: ...sion Before the burden shifts to Plaintiff to oppose the motion, Defendant must initially prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 817.) Defendant argued that Plaintiff should be compelled to arbitration and the action be stayed based upon the Retainer Agreement's arbi...
2024.01.31 Motion for Summary Judgment, Adjudication 264
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.31
Excerpt: ... intentional misrepresentation, 2) cancellation of instrument, 3) slander of title, 4) quiet title, 5) negligence, and 6) monies had and received. The reply to the MSJ/MSA was due on January 26, 2024. However, none was filed by Defendant. Procedure The Notice to the MSA failed to identify the “specific cause of action, affirmative defense, claims for damages, or issues of duty” sought to be adjudicated. (Cal. Rules of Court, rule 3.1350(b).) ...
2024.01.30 OSC Re Strike Order Granting Leave to Intervene 858
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.30
Excerpt: ...13/2023 are stricken on the grounds that the complaint in intervention was never filed, nor was it served on the parties sued. Superior Life has no standing in this case. FUTURE ORDER TO SHOW CAUSE RE MONETARY SANCTIONS: The court sets an OSC on _______________ at 8:30 a.m. in Dept. T why monetary sanctions of $5,000 should not be issued against Superior Life Finance and its counsel of record - Benjamin Fliegel (SBN 277940), Daniel Ahn (SBN235023...
2024.01.29 Motion to Dismiss 870
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.29
Excerpt: ...ly, Plaintiffs) Complaint. Procedure Defendant asserted that the opposition was untimely and it should not be considered. The opposition was to be filed/served within 15 days after service of the motion. (Cal. Rules of Court, rule 3.1342(b).) The opposition was filed/served on January 12, 2024, which is 30 days after the December 13, 2023 filing/service date of the motion. However, Defendant presented no legal authority which requires the Court t...
2024.01.25 Motion to Compel Further Responses 465
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.25
Excerpt: ...only does defendant use boilerplate language in its response to the RFPs and the responses were not Code compliant, the separate statement also is boilerplate itself. Monetary sanctions are awarded to plaintiff pursuant to CCP section 2023.030 against defendant Volkswagen Group of America, Inc. in the sum of $2,500 payable to the Client Trust Account of Strategic Legal Practices A Professional Corporation, 1888 Century Park East, 19th Floor, Los ...
2024.01.19 Motion for Sanctions 225
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.19
Excerpt: ...ates of availability to reschedule the IME with Dr. Nelson.” At 11:13 am on November 27, 2023, Shraddha D. Friend, identifying herself as the legal assistant to Sayyora Badalbaeva, Esq., attorney of record for Walmart, sent an email providing the response from Dr. Nelson's office: “To allow the patient time to recover from this surgery, I can reset the IME for 1/23/24 at 2:00 pm.” (See Exhibit C.) About thirty minutes later, the undersigned...
2024.01.18 Demurrer to SAC 140
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.18
Excerpt: ...oduction Defendants Tarzana Health Systems, LLC (THS) and Peter Brugetti (Brugetti) (collectively, Defendants) demurred to Plaintiff Sharon Lodin's (Plaintiff) Second Amended Complaint (SAC). The demurrer placed into issue the first cause of action (COA) for negligence, the second COA for premises liability, and the third COA for strict liability. Discussion Specifically to the third COA for strict liability per Civil Code section 3342, Plaintiff...
2024.01.18 Demurrer 343
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.18
Excerpt: ... Group; Kaiser Foundation Health Plan, Inc.'s Motion to Strike is MOOT as to the remedies requested under the second and fourth causes of action and GRANTED WITHOUT LEAVE TO AMEND as to punitive and exemplary damages requested under the third cause of action for loss of consortium. Introduction Defendants Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Kaiser Foundation Health Plan, Inc. (collectively, Defendants) demur...
2024.01.16 Demurrer to FAC 394
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.16
Excerpt: ...ns of Labor Code sections and other provisions of the California Labor Code”. Discussion Defendant argued that the FAC failed to allege supportive facts to support the alleged violations of the Labor Code and California Code of Regulations. A liberal reading of the FAC showed that the FAC is insufficiently pled as argued by Defendant. Without supportive facts alleged in the FAC, the FAC did not provide Defendant with proper notice of the claims...
2024.01.12 Demurrer to FAC 554
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.12
Excerpt: ...t filed on December 20, 2023. Defendants demur to the fifth cause of action for fraud. Procedural Issues Defendants' meet and confer declaration is insufficient. Defense counsel testifies that he left a voicemail and follow-up email setting forth the grounds for demurrer. Counsel fails to indicate when he did either of these things. Discussion Defendants' demurrer to the fifth cause of action for fraud is overruled. Defendants allege that, on Jul...
2024.01.10 Demurrer to SACC 577
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.10
Excerpt: ...d the second COA for breach of covenant of quiet enjoyment. Discussion As to the action for declaratory relief, the Code of Civil Procedure section 1060 provides in part that "[a]ny person interested under a written instrument, … or under a contract, … may, in case of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his ...
2024.01.09 Application for Writ of Possession 258
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.09
Excerpt: ...eking to repossess the 2020 Mercedes Benz A220 Serial No. WDD3G4EBXLW040104 from Defendant RC. Defendant RC's Towing Simi Valley, Inc. did not file an opposition, which was due on December 26, 2023. Procedural Issues Plaintiff served Defendant RC with the Complaint and Summons, the Notice of Application for Writ of Possession, the Application for Writ of Possession, the Memorandum of Points and Authorities in support of the application, supportin...
2024.01.08 Demurrer to FAC, Motion to Strike 417
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.08
Excerpt: ...as battling drug addiction until his death on August 6, 2021. On August 4, 2023, Patricia Lingard, Carlton Lingard, and the Estate of Dakota Lingard (collectively, "Plaintiffs") filed a Complaint against Sober Souls, Inc., Community House Sober Living, Inc., Sober Soul Sober Living, Audy Harman, and Jonathan Chang. The Complaint was followed by a First Amended Complaint (FAC) on November 17, 2023, containing the following eight causes of action: ...
2024.01.04 Motion for Leave to Intervene 394
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.04
Excerpt: ... intervenor, becomes a party to an action or proceeding between other persons by doing any of the following:(1) joining a plaintiff in claiming what is sought by the complaint,(2) uniting with a defendant in resisting the claims of a plaintiff, or(3)demanding anything adverse to both a plaintiff and a defendant" (Code Civ. Pro.,§387, subd. (b)(1)-(3).) "A nonparty shall petition the court for leave to intervene by noticed motion or exparte appli...
2024.01.04 Demurrer 067
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.04
Excerpt: ...ilure to comply with California law in connection with a defective electric vehicle manufactured and sold by GM. Plaintiff leased a new 2021 Chevrolet Bolt (“Subject Vehicle”) on June 24, 2021. (FAC, ¶ 8.) The Subject Vehicle was delivered with substantial defects and non-conformities to warranty, including but not limited to serious battery defects. (FAC, ¶ 10.) Plaintiff had conversations with the sales representatives at Culver City Chev...
2024.01.03 Motion for Leave to File Amended Complaint 241
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.03
Excerpt: ...ated a decade-long fraudulent scheme in which their partnership and its assets were secretly transferred into her sole ownership through coercion. Discussion Preliminarily, defendants PEN Music Group, Inc. and Michael Eames request the court to take judicial notice of (1) Plaintiff's complaint in Baker v. Firstcom Music, et al., Case No. 2:16-cv-08931-VAP-JPR (C.D. Cal); (2) March 15, 2018 order regarding parties' cross-motions for summary judgme...
2024.01.02 Motion to Strike 953
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.01.02
Excerpt: ...r home. Plaintiffs had an insurance policy with and contacted their insurer, Defendant Amguard (erroneously sued as Berkshire Hathaway Guard) ("Defendant"), regarding coverage for their covered losses in their home. After reporting their claim, Plaintiffs waited nearly three months to receive a payment of $83,087.99. (FAC, 15.) However, Plaintiffs' estimates were much higher, including one from Westland Contracting totaling $178,586.80. (FAC, 16....
2023.12.27 Demurrer 106
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.27
Excerpt: ...he third COA for negligence, and the fourth COA for breach of fiduciary duty. Discussion Defendant argued that the second through fourth COAs are duplicative of the first COA for violation of Civil Code section 5975. Preliminarily, Defendant misconstrued the first COA as a breach of contract claim that sought contract damages. The first COA, as plainly read, alleged a statutory violation. The statute provides authority to enforce Covenants, Condi...
2023.12.20 Demurrer to SAC, Motion to Strike 635
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.20
Excerpt: ...al Insurance Company (Defendant) demurred to Plaintiff Samson Primm's (Plaintiff) Second Amended Complaint. The demurrer placed into issue the second cause of action (COA) for breach of covenant of good faith and fair dealing. Defendant moved to strike Plaintiff's request for punitive damages. Discussion Defendant argued that there are insufficient facts pled to support the second COA for bad faith because the allegations do not plead facts to al...
2023.12.19 Motion for Summary Judgment, Adjudication 484
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.19
Excerpt: ...laint) to add factual allegations regarding the Assignment of the Property Management Agreement and the Lease Listing Agreement. Introduction Defendant/Doe 2 Aryeh Hoffman dba Hoffman Brothers Realty (Hoffman) and Defendant/Doe 3 Hoffman Brothers Realty, LLC (HBR) (collectively, Hoffman Brothers) moved for summary judgment (MSJ) against Plaintiff Napco, LLC's (Napco) Complaint. In the alternative, Hoffman Brothers moved for summary adjudication (...
2023.12.19 Motion for Judgment on the Pleadings 763
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.19
Excerpt: ...kka's (Plaintiff) First Amended Complaint (FAC). The motion placed into issue the first cause of action (COA) for premises liability, and the fourth COA for negligence. Procedure Plaintiff argued that Defendant failed to meet and confer prior to the motion being filed. However, the contention is conclusory and Plaintiff's Counsel failed to present any admissible evidence, let alone a declaration attesting to the lack of a meet and confer. However...
2023.12.19 Demurrer, Motion to Strike 096
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.19
Excerpt: ...f action (COA) for negligence and the request for exemplary damages. The motion to strike moved against the request for exemplary damages. Procedure Despite Defendant's Notice to the Demurrer stating that the demurrer placed into issue the second COA for negligence (See Notice, pg. 1:25,) Defendant's Points and Authorities did not cite to any alleged facts or legal authority, nor did Defendant present any application of law to the alleged facts, ...
2023.12.18 Motion to Strike Jury Demand 882
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.18
Excerpt: ...erms. Here, there is no trial date set in this case. There is no prejudice to defendants in having a jury trial but there would be great prejudice to plaintiffs. The court believes that in the absence of a statement filed with the court in which the plaintiff has clearly indicated a waiver of jury trial, the court should grant one. No such jury waiver was filed, and fees were deposited over 3 months ago. The demand for jury was clearly stated in ...
2023.12.18 Motion for Leave to File Complaints 977
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.18
Excerpt: ...ns filed by various Plaintiffs in the following actions: 19STCV41653, 20STCV39458, 20STCV37023, and 20STCV17386. The proposed Cross-Complaints are alleged against Defendants Transit Systems Unlimited, Inc. (TSUI) and Ofelia Sandoval Rodriguez (Rodriguez) (collectively, Transit Systems.) Discussion Coachways' legal authority for the motion is Code of Civil Procedure sections 426.50, 428.50(c), and 428.10(b)(2). If the proposed cross-complaint is c...
2023.12.18 Demurrer 400
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.18
Excerpt: ...d to Plaintiffs Myriam Gisela Flores, Jacob Santiago Danel, Madeline Gyssell Villagrana, and Myridean Ruth Flores, by and through her guardian ad litem, Myriam Gisela Flores' (collectively, Plaintiffs) Complaint. Defendant's demurrer placed into issue all ten causes of action (COA) alleged in the Complaint: negligent maintenance of premises, nuisance, breach of warranty of habitability, breach of covenant of quiet enjoyment, negligent violations ...
2023.12.14 Demurrer, Motion to Strike 343
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.14
Excerpt: ...RNIA PERMANENTE MEDICAL GROUP; KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO STRIKE is MOOT as to the remedies requested under the second and fourth causes of action and GRANTED WITHOUT LEAVE TO AMEND as to punitive and exemplary damages requested under the third cause of action for loss of consortium. Introduction Defendants Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Kaiser Foundation Health Plan, Inc. (collecti...
2023.12.14 Demurrer to FAC 473
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.14
Excerpt: ... Court Apartments, Statewide Management, Inc., Mireya Arellano, Karla Galo, and Iris Abrham (collectively, Defendants) demurred to Plaintiffs Jacob White; Elisa Medina; Xavier Cisneros, a minor; Jacob White, Jr., a minor; and Jaxson White's, a minor, First Amended Complaint (FAC). The demurrer placed into issue the first cause of action (COA) for battery, the eleventh COA for breach of contract, and the thirteenth COA for public nuisance. Discuss...
2023.12.13 Motion to Compel Arbitration 505
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.13
Excerpt: ...Complaint is GRANTED but not as to facts in dispute or hearsay. Introduction Defendants Hyundai Motor America (HMA) and Keyes Hyundai of Van Nuys (Keyes) (collectively, Defendants) moved to compel arbitration and stay Plaintiff Liel Levi's (Plaintiff) action. Procedure Defendants objected to the untimely filing of the Reply. The Reply was due on December 6, 2023 and was electronically filed/served a day late. Despite Defendants' contention otherw...
2023.12.13 Motion for Attorney Fees 621
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.13
Excerpt: ...ial Council Form CIV-100 for mandatory use) is served and filed. A review of the file indicates that neither LLHOA nor Lordon filed a Request for Entry of Default on their cross-complaints. Oddly enough, counsel for LLHOA has no explanation why there was a cross-complaint filed 9/26/2018 on behalf of LLHOA and Lordon against GPL by Resnick & Louis PC, and then, without a substitution of attorneys, another cross-complaint filed on 10/1/2028 on beh...
2023.12.12 Demurrer to SAC 077
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.12
Excerpt: ... for negligent misrepresentation, the fourth COA for intentional misrepresentation, and the fifth COA for conspiracy to defraud. Discussion Defendant argued that the first COA for breach of contract failed to allege the existence of a contract due to conflicting factual allegations made in the fraud claims. This issue was raised previously at the demurrer to the First Amended Complaint (FAC). Despite Defendant's argument otherwise, the uncertaint...
2023.12.11 Motion for Reconsideration 360
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.11
Excerpt: ...t issued 19 page order granting the terminating sanctions. Since the order granting terminating sanctions, plaintiff did not file anything until 10/18/2023. A motion for reconsideration must be made within 10 days after service of the notice of entry of the order or ruling to be reconsidered. CCP § 1008(a). CCP section 1008(c allows a later reconsideration if there has been a change in the law. Neither provides the relief sought by plaintiff. Th...
2023.12.07 Motions in Limine 965
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.07
Excerpt: ...FFS' MOTIONS IN LIMINE 1. Grant. there shall be no comment, reference, suggestion, innuendo, etc., to the status of (former) defendant Tarzana Medical Center, LLC, dba Providence Cedars-Sinai Tarzana Medical Center as a party in this action during trial. 2. Grant. there shall be no apportionment of fault (civil code 1431) in the absence of the evidentiary predicate that defendant Tarzana Medical Center, LLC, dba Providence Cedars-Sinai Tarzana Me...
2023.12.07 Demurrer to FAC 622
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.07
Excerpt: ...add new causes of action. Defendants Quanta Finance, LLC and 1 Sharpe Opportunity Intermediate Trust's Request for Judicial Notice is GRANTED but not as to hearsay or facts in dispute. Introduction Defendants Quanta Finance, LLC (QFLLC) and 1 Sharpe Opportunity Intermediate Trust (1SOIT) (collectively Defendants) demurred to Plaintiffs Neelam Bhamani (Neelam ), Hussain Bhamani (Hussain), and EMS Solutions, LLC (EMS) (collectively Plaintiffs) Firs...
2023.12.06 Motion for Leave to File Amended Complaint 692
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.06
Excerpt: ...ly, Cross-Complainants) moved for leave to file a Proposed Fourth Amended Cross-Complaint (P4AXC). Cross-Defendants Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and AEK Global Investments, LLC filed their opposition and a notice of errata on November 21, 2023. Cross-Defendants Shabnam Akhoundzadeh and Karen Dr. LLC filed their separate opposition on November 21, 2023. Cross-Defendants Ebrahim Khatibi, Aliasghar Khatibi, Ali Sepehr, and AEK Glo...
2023.12.06 Demurrer 770
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.06
Excerpt: ...tion (COA) for collection of rent on substandard dwelling in violation of L.A.M.C. sec. 12.00 et seq., the second COA for breach of the implied warranty of habitability, the third COA for negligence, the fourth COA for breach of the implied covenant of quiet enjoyment, the fifth COA for violation Civil Code sec. 1940.2, the sixth COA for violation of Civil Code sec. 1954(a)(2), the seventh COA for trespass, the eighth COA for nuisance, and the ni...
2023.12.05 Demurrer 218
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.05
Excerpt: ...ruction Group, Inc.'s Demurrer to the Complaint is OVERRULED. Defendant KAIO Construction Group, Inc.'s Request for Judicial Notice is GRANTED but not as to facts in dispute or hearsay. Introduction Defendant KAIO Construction Group, Inc. (Defendant) demurred to Plaintiff ADR Inc.'s (Plaintiff) Complaint. Defendant's demurrer placed the Complaint's only cause of action (COA) for breach of contract into issue. Discussion Defendant argued that Plai...
2023.12.04 Demurrer to FAC 367
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.12.04
Excerpt: ...ra Calderas Gomez's (collectively, Plaintiffs) First Amended Complaint (FAC). Defendant placed into issue the second cause of action (COA) for “breach of the implied warranty of habitability.” Defendant was the alleged owner of the property between 2008 to 2021. (FAC par. 6.) Discussion Defendant argued that the second COA for violation of Civil Code section 1942.4 failed to allege sufficient facts and is uncertain. Defendant argued that Plai...
2023.11.30 OSC Re Contempt, for Monetary and Issue Sanctions, Compel Inspection, Further Responses, Demurrer 030
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.11.30
Excerpt: ...ay give notice of ruling. Any notices of ruling in violation of this order will be stricken by the court without further notice. PROTECTIVE ORDER: To the extent that any discovery responses mention the need for a protective order, it is the responsibility of the party claiming the need for the protective order to promptly request it. No parties may object on the grounds of the need for a protective order and then take no action. Such failure to t...
2023.11.30 Motion for Preliminary Injunction 301
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.11.30
Excerpt: ... Solutions, LLC is CONTINUED for supplemental briefing and evidence. Arguments in the supplemental briefs as to the amount of the undertaking are limited to 10 pages including declarations. The briefing schedule is as follows: Continued hearing is scheduled for ________, 2023 at 8:30 a.m., papers in support of an undertaking to be filed and served by defendants by _________, opposition to be filed and served by plaintiff by ___________, and reply...
2023.11.21 Motion to Compel Mental Exam 899
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.11.21
Excerpt: ...se mental examination (which includes testing) of plaintiff Jane DOE by Adrienne Meier, Ph.D. to go forward at 130 S. Euclid Avenue, Pasadena, CA 91101, on ___________, at 10:00 AM. For purpose of this order, "defense mental examination" means defense mental examination, interview, and testing. 1. Dr. Meier may conduct the defense mental examination of Plaintiff, which total examination (from start to finish and including any written testing) may...
2023.11.21 Demurrer 506
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.11.21
Excerpt: ...eet and confer requirement does not apply to unlawful detainer actions, which this action is. (Code Civ. Proc., sec. 430.41(d).) Plaintiff's meet and confer argument is unmerited. Plaintiff argued that the body of the Notice to the demurrer failed to identify a date of the hearing. (Cal. Rules of Court, rule 3.1320(c).) Although Defendant's Notice to the demurrer is in violation of the Court Rules, the violation is not prejudicial to Plaintiff si...
2023.11.20 Demurrer 922
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.11.20
Excerpt: ...o issue the first cause of action (COA) for breach of contract; the second COA for breach of implied warranty of merchantability; the third COA for breach of express warranty; the fourth COA for negligence; the seventh COA for recovery on bond; and the eighth COA for declaratory relief. Discussion Defendant, as the surety of a bond issued to Co-Defendant Milgard Manufacturing, LLC (Milgard), argued that it is discharged from liability because Pla...
2023.11.16 Demurrer, Motion to Strike 329
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2023.11.16
Excerpt: ...WITHOUT LEAVE TO AMEND. Defendant State Farm General Insurance Company's Motion to Strike is DENIED. Defendant State Farm General Insurance Company is ORDERED to file an Answer to the Complaint within 20 days. Introduction Defendant State Farm General Insurance Company (Defendant) demurred to Plaintiffs Farideh and Behzad Lalehzari's (Plaintiffs) Complaint. Defendant's demurrer placed into issue the second cause of action (COA) for breach of the ...

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