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2024.05.17 Motion to Compel Deposition 330
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.17
Excerpt: ......
2024.05.16 Motion to Set Aside Default 182
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ... Defendants Amanda Staveley (“Staveley”) and Cantervale Limited (“Can tervale”) (collectively, “Moving Defendants”). Staveley is a citizen of England who resides in London and Dubai. (Declaration of Amanda Staveley filed March 20, 2024, at ¶ 2.) Staveley is the founder, sole shareholder, and director of Cantervale, an English company. (Id. at ¶ 3.) Plaintiff filed proofs of personal service on Cantervale and Staveley on March 1, 202...
2024.05.16 Motion for Leave to Amend Complaint 546
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...
2024.05.16 Motion for Leave to Amend Complaint 426
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...
2024.05.16 Demurrer 367
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In t...
2024.05.16 Demurrer 271
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.16
Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...
2024.05.15 Motion for Reconsideration 567
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.15
Excerpt: ...¶¶ 20, 26.) A subsequent MRI revealed that Plaintiff suffered a stroke, causing central visual impairment, dysphagia, and cognitive and behavioral issues. (5AC ¶ 32.) On October 12, 2021, Plaintiff brought suit against the surgeon, Defendant Dale Prokupek, M.D. and Defendant Dale Prokupek, M.D., Inc. (“Prokupek”); anesthesiologist Defendant Michelle Dinh, M.D. (“Dinh”); and Defendant Soma Surgery Center, Inc. (“Soma”), where the en...
2024.05.15 Demurrer, Motion to Strike 590
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.15
Excerpt: ... Civil Code section 1793.2, subd. (d); (2) violation of Civil Code section 17 93.2, subd. (b); (3) violation of Civil Code section 1793.2, subd. (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment, stemming from Plaintiff's purchase of a 2021 Chevrolet Silverado. Defendant demurs to the fifth cause of action for fraudulent inducement – concealment on the grounds that it fails to state fac...
2024.05.09 Motion to Set Aside Judgment 113
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.09
Excerpt: ...plied for an order to serve the summons and complaint by posting, indicating that service had been attempted at the subject property on July 14, 15, and 19, to no avail. The Court granted Plaintiff's order to serve via posting on July 27. On October 27, 2023, within four minutes of each other, two separate form UD -105 Answers were filed on behalf of Kahn and on behalf of Ferguson, each in pro per. On August 7, 2023, a joint motion to quash servi...
2024.05.09 Motion for Summary Judgment, Adjudication 577
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.09
Excerpt: ...es 2. Declaration of Simon Yoon 3. Declaration of Glenn Rothner 4. Declaration of James P. Hart, Jr. 5. Declaration of Young Ok Bae 6. Appendix of Exhibits 7. Separate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Manuel D. Balam 3. Documentary Evidence in Support of Plaintiff's Opposition 4. Separate Statement of ...
2024.05.09 Motion for Summary Adjudication 474
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.09
Excerpt: ...Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Undisputed Material Facts 3. Declaration of Lauren Kutasi REPLY PAPERS: 1. Reply in Support of Motion for Summary Adjudication 2. Evidentiary Objections BACKGROUND Plaintiff Lauren Kutasi (“Plaintiff”) filed a First Amended Complaint (“FAC”) alleging causes of action for (1) Tortuous [sic] Bre...
2024.05.09 Demurrer, Motion for Leave to Amend Complaint 791
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.09
Excerpt: ...aintiff) business entity previously filed suit agamst Defendant City National Bank, N.A„ alleging (1) race and color discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) unfair business practices; (5) intentional infliction of emotional distress; and (6) fraud and deceit for allegedly discrimmating against it three times in five years for exercising its "freedom of speech" by "making a complaint about bein...
2024.05.08 Demurrer, Motion to Strike 558
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.08
Excerpt: ... Servicing (“Defendant”): (1) Violation of Civil Code § 2923.7; (2) Violation of Civil Code § 2924.9; (3) Violation of 12 C.F.R. 1024.38; and (4) Unfair Business Practices. Defendant demurs to all four causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding punitive damages, emotional distress, attorneys' fees, as well a...
2024.05.08 Demurrer, Motion to Strike 392
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.08
Excerpt: ...f implied covenant of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. On January 30, 2024, the Court sustained Defendant California Fair Plan Association's (“Defendant”) demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers, like Defendant, generally owe no duty of care to their insureds as a matter of law, and sustai...
2024.05.07 Motion to Compel Further Responses 552
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.07
Excerpt: ...reach of Contract; 2) Breach of Implied Covenant of Good Faith and Fair Dealing; 3) Intentional Misrepresentation; 4) Negligent Misrepresentation; 5) Professional Negligence; 6) Violation of Business and Professions Code S 17200. Defendant Michael Navi ("Navi") moves the Court for orders compelling Plaintiff to serve further responses to the following discovery requests: Special Interrogatories ("SROG"), Set 1, Propounded to Plaintiff Propounded:...
2024.05.07 Motion for Preliminary Injunction 707
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.07
Excerpt: ... Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Holding, LLC. On Octob...
2024.05.02 Motion for Summary Judgment, Adjudication 567
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.02
Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...
2024.05.01 Request for Entry of Default Judgment 486
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.01
Excerpt: .... a. Damages Plaintiff's Complaint alleges fifteen causes of action for (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Owed; (6) Failure to Pay Waiting Time Penalties; (7) Failure to Provide Complete Access to Employee Personnel File and Payroll Records in Violation of Labor Code §§ 226, 432, and 11...
2024.05.01 Motion to Strike 062
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.01
Excerpt: ...Group, Inc.; Sierra Medical Group, Inc.; and Coastal Communities Medical Group, Inc. OPPOSING PARTY Plaintiff CEP America -California MOTION Defendants Heritage Provider Network, Inc; Regal Medical Group, Inc; Lakeside Medical Organization, a Medical Group, Inc.; Oasis Independent Medical Associates, Inc.; Desert Medical Group, Inc.; High Desert Medical Corporation, a Medical Group; Affiliated Doctors of Orange County Medical Group, Inc.; Sierra ...
2024.05.01 Motion to Set Aside or Vacate Dismissal, for Entry of Stipulated Judgment 254
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.01
Excerpt: ...ed a stipulation for entry of judgment, indicating that the parties had settled, which is why Plaintiff dismissed the action, but Defendant had stopped making payments pur suant to the settlement. On February 15, 2024, the Court issued a Minute Order, declining to act on the stipulation on the basis that the voluntary dismissal of the entire action deprived the Court of the authority to do so. Plaintiff now moves to set aside the dismissal withou...
2024.05.01 Demurrer, Motion to Strike Answer 247
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.05.01
Excerpt: ..., individually and as Trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...
2024.04.30 Motion for Attorney Fees 850
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.30
Excerpt: ... LLC (“Defendant,” “CCM,” or “Consequent”) in “the sum o f $448,000.00, with prejudgment interest, costs and attorneys' fees in amounts to be determined through post- trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to recover $89,800 in attorneys' fees pursuant to Code of Civil Procedure section 2033.420 based on Defendant's failure to admit that it owed Plaintiff $448,000 in response to Plaintiff's requests f...
2024.04.29 Motion to Quash Service of Summons 307
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.29
Excerpt: ...motion is unopposed. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to ...
2024.04.29 Applications for Writ of Possession 264
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.29
Excerpt: ...er, “Defendants”) alleging six cause s of action for (1) breach of written agreement; (2) breach of personal guaranty; (3) money lent; (4) indebtedness; (5) conversion; and (6) claim and delivery stemming from Plaintiff's loan to Defendants for the purchase of various business equipment, which Defendants allegedly failed to repay. Plaintiff now applies for a writ of possession against each Defendant. Plaintiff's applications are unopposed. LE...
2024.04.25 Demurrer, Motion to Strike 585
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.25
Excerpt: ...uction secured a “job” at 4711 Berryman Ave in Culver City, California. The owner of the property at that time was 4711 Berryman LLC (“Berryman”). On September 16 2020, Plaintiff and other workers were instructed to fix some tile, pipes and grout. The work was situated on the exterior of the project about 10 feet above ground level. There was no scaffolding or ladders present. Rodriguez directed the workers to place several garbage bins i...
2024.04.25 Motion to Expunge Lis Pendens 184
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.25
Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...
2024.04.25 Motion to Tax Costs 776
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.25
Excerpt: ...ic Center, Inc. (“Plaintiff” or “AOC”) brought claims against Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants” or “Blue Shield”) f or quantum meruit and breach of implied contract, and Blue Shield's cross -claims against AOC for declaratory relief, relating to 31 patient claims. Following a bench trial, the Court issued a statement o...
2024.04.23 Motion to Enforce Settlement 499
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.23
Excerpt: ...rovides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered i...
2024.04.23 Motion to Compel Compliance with Deposition Subpoena 767
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.23
Excerpt: ...ith Sender and requests monetary sanctions. The Motion is unopposed. ANALYSIS Motion to Compel “In California, discovery may be obtained from a nonparty through an oral deposition, a written deposition, or a deposition for the production of business records and things. (Code Civ. Proc., § 2020.010, subd. (a).)” (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1030 (hereafter Board of Registered Nurs...
2024.04.23 Motion for Protective Order 319
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.23
Excerpt: ....”) Plaintiff opposes and Defendants reply. LEGAL STANDARDS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed , and any other party or affected person, may promptly move for a protective order.” (Code Civ. Proc., § 2031.060, subd. (a).)...
2024.04.23 Demurrer 437
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.23
Excerpt: ...rsity of California (“Defendant”). Defendant now demurs on the grounds that the complaint fails to state facts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. ANALYSIS 1. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (20...
2024.04.22 Motion for Leave to Amend Complaint 800
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.22
Excerpt: ...wo causes of action for (1) elder abuse and (2) negligence. On December 15, 2023, the Court sustained Defendant's demurrer to the first cause of action for elder abuse on the grounds that Plaintiff did not allege specific facts demonstrating Defendant neglected Plaintiff with knowledge that injury was substantially certain or with conscious disregard of the high probability of such injury and Plaintiff did not allege any specific harm or damages ...
2024.04.22 Demurrers 392
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.22
Excerpt: ...aling; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action were not alleged against Defendants Crawford & Company or William Ball (“Defendants”). The Court sustained Defendants' previous demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers and their agents do not generally owe insureds a duty as a matter of law, and su...
2024.04.22 Demurrer 263
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.22
Excerpt: ...mplaint (“SAC”), alleging seven causes of action for (1) breach of the covenants, conditi ons and restrictions (CC&Rs); (2) breach of contract; (3) breach of fiduciary duty; (4) negligence; (5) violation of Civil Code section 4775; (6) private nuisance; and (7) declaratory relief. Only the third and fourth causes of action are alleged against Defendant Pamela Chen (“Defendant”). Defendant demurs to the third and fourth causes of action on...
2024.04.18 Motion for Summary Judgment, Adjudication 567
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.18
Excerpt: ... Documentary Evidence OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Waukeen McCoy 3. Declaration of Vinay Ginjupalli 4. Declaration of Marilyn E. McCullum 5. Separate Statement of Disputed Material Facts 6. Objections to Evidence REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Peri...
2024.04.18 Motion for Summary Judgment 071
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.18
Excerpt: ...ase and sale agreement for real property in South Carolina. The seller, Plaintiff EMRES II South Carolina, LLC (“Plaintiff”) has sought liquidated damages from purchaser, Defendant Spain Companies, LLC (“Defendant”) pursuant to the terms of the agreement. Plaintiff now moves for summary judgment. Plaintiff's motion is unopposed. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of p...
2024.04.18 Demurrer, Motion to Strike Answer 247
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.18
Excerpt: ...Family 2000 Living Trust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler F...
2024.04.17 Demurrer to SAC, Motion for Leave to Amend Complaint 707
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.17
Excerpt: ...”) to access the Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Hold...
2024.04.17 Motion for Leave to Amend Complaint 885
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.17
Excerpt: ...f action for fraud, stemming from alleged misrepresentations Defendant made to Plaintiff concerning Defendant's financial situation to obtain more favorable lease terms. Defendant opposes the motion and Plaintiff replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any...
2024.04.16 Motion for Summary Judgment 685
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.16
Excerpt: ...ntract case arises from a dispute regarding the amount of back rent Defendants allegedly owe Plaintiff in connection with a residential property lease. On September 26, 2022, Plaintiff SM 10000 Property LLC (“Plaintiff”) brought suit against Defendants Nicolai Bergman (“Nicolai”), Amanda McDermott -Bergmann (“Amanda”), and Nicolai Bergmann KK (“Nicolai KK”). Amanda answered the complaint, but default was entered against Nicolai an...
2024.04.16 Demurrer to TAC 692
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.16
Excerpt: ...ormance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverly Hi lls Escrow (“BHE”), Lucy Menshikova (“Lucy”), and La...
2024.04.11 Petition to Compel Arbitration 119
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.11
Excerpt: ...espondent opposes the petition and Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991)...
2024.04.04 Petition to Compel Arbitration 119
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.04
Excerpt: ...d Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991) 233 Cal.App.3d 94, 99 –100 [cl...
2024.03.29 Motion to Set Aside or Vacate Dismissal 829
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.29
Excerpt: ...ry provision, which applies permissively, and a mandatory provision, which applies as of right.” ( Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick ).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the ...
2024.03.28 Motion to Seal 776
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.28
Excerpt: ...f California Life and Health Insurance Company (“Blue Shield”) moves to seal portions of Exhibits 3, 4, and 35 containing or referencing Blue Shield's confidential and proprietary payment methodology and fee schedule information with regard to the CPT codes at issue. Blue Shield's motion is unopposed. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open cou...
2024.03.28 Demurrer, Motion to Strike 754
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.28
Excerpt: ...�) and tenant Plaintiff Maureen Minehart (“Plaintiff”) concerning ongoing water intrusion and cockroach inf estations at the apartment Plaintiff rented from Defendants. Plaintiff alleges eight causes of action (1) breach of contract; (2) breach of implied warranty of habitability/tenantability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) nuisance; (6) breach of statute CCC § 1942.4; (7) intentio nal misrepresentati...
2024.03.28 Demurrer, Motion to Strike 205
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.28
Excerpt: ...acts sufficient to state a cause of action and for uncertainty, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), respectively. Defendant also moves to strike the entire complaint, or in the alternative, the request for punitive damages. Plaintiff has not opposed either the demurrer or the motion. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complai...
2024.03.27 Motion to Compel Responses, for Monetary Sanctions 589
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.27
Excerpt: ...pel verified responses from Plaintiff Alexander Rivkin (“Plaintiff”) to Form Interrogatories (Set One) (“FROG”); Special Interrogatories (Set One) (“SROG”) and Demands for Production of Docume nts (Set One) (“RPD”). Defendant also seeks monetary sanctions in connection with the motions. Plaintiff opposes the motions and Defendant replies. LEGAL STANDARDS 1. Interrogatories Pursuant to Code of Civil Procedure section 2030.290, “[...
2024.03.27 Demurrer 868
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.27
Excerpt: ...ephen R. Hofer Law Corporation d/b/a Aerlex Law Group; Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (“Plaintiffs”) brought suit against Defendants Vicky Boladian and Boladian Aviation Law Group, APC (“Defendants”) alleging thirteen causes of action: (1) breach of contract – settlement agreement; (2) breach of contract – operating agreement and buy -sell agreement; (3) breach of implied covenant of good faith and fair dealing...
2024.03.26 Demurrer, Motion to Strike, for Reconsideration 247
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.26
Excerpt: ...rust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler Family 2000 L iving T...

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