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2024.03.15 Motion to Compel Arbitration 071
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.15
Excerpt: ...t requires both procedural and substantive unconscionability, using a sliding scale. (Id. at p. 125.) “Procedural unconscionability focuses on the elements of oppression and surprise.” (Serafin v. Balco Properties Ltd., LLC (2015) 235 Cal.App.4th 165, 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one -sided results. (Ibid. , internal quotes omitted.) Proce...
2024.03.14 Motion to Compel Compliance with Order for Production of Docs 334
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.14
Excerpt: ...7- 51, 54, 55, 59, 73, and 74. Section 2031.280(a) provides, “Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.” Beverly produced documents on a flash drive containing “(1) documents Bates Nos. WJB000001 -WJB000632; and (2) a folder entitled ‘Beverly Emails with Partners, etc.' which cons...
2024.03.13 Motion to Quash Depositions or for Protective Order 856
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.13
Excerpt: ...fendant relies on the “apex witness” rule. Generally, “ ‘agency heads and other top governmental executives are not subject to deposition absent compelling reasons.' [Citation.] ‘The general rule is based upon the recognition that “... an official's time and the exigencies of his everyday business would be severely impeded if every plaintiff filing a complaint against an agency head, in his official capacity, were allowed to take his ...
2024.03.12 OSC Re Entry of Default Judgment 481
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.12
Excerpt: ...fficiently clear. “ ‘A permanent injunction is merely a remedy for a proven cause of action. It may not be issued if the underlying cause of action is not established.' ” (City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293.) “To qualify for a permanent injunction, the plaintiff must prove (1) the elements of a cause of action involving the wrongful act sought to be enjoined and (2) the grounds for equi...
2024.03.12 Motion to Quash Service of Process and Dismiss Action 886
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.12
Excerpt: ... defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” Section 583.250 provides: “(a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, wheth...
2024.03.11 Motions in Limine 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.11
Excerpt: ...k Santos's consent to assign the International Agreement to Grupo Lauman or its affiliates, including Altener.” (Mot., p. 1.) Santos argues “Defendants' recent assertion that they would have requested Santos's consent to before assigning the International Agreement to Grupo Lauman has no evidentiary support because it is not true, and because it directly contradicts Defendants' consistently held position since at least 2021.” (Ibid.) The mo...
2024.03.08 Motion to Strike and Tax Costs 923
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.08
Excerpt: ... Lepejian, Lucas Lepejian, and Tayla Lepejian. Defendants/cross -complainants did not timely serve and file their memorandum of costs. “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk.” (Cal. Rules of Court, rule 3.1700(a)(1).) The clerk served notice of entry of judgment by mail on December 1, 2023. After extend...
2024.03.08 Motion for Summary Judgment 022
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.08
Excerpt: ...ranscript of a hearing in that proceeding. All six exhibits are court records subject to judicial notice. (Evid. Code, § 452(d).) Defendant's requests for judicial notice of exhibits A -F are granted. Plaintiffs request judicial notice of two exhibits: 14 and 18. Exhibit 14 is a stipulation between these parties in a prior case, No. BC444991. But, as defendant notes, the document does not indicate it was filed with the court. Plaintiffs therefor...
2024.03.08 Demurrer 886
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.08
Excerpt: ...n for failure to prevent gender discrimination ( id., subd. (k)). The cross -complaint does not allege she exhausted her administrative remedies. “Before pursuing a civil action asserting violation of the FEHA, an employee must file an administrative complaint with the” Civil Rights Department “and obtain a right-to- sue letter from the agency.” (Foroudi v. Aerospace Corporation (2020) 57 Cal.App.5th 992, 1002.) “ ‘Exhaustion of these...
2024.03.07 Petition to Compel Arbitration and Payment of Fees and Costs 031
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.07
Excerpt: ...ts petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to ...
2024.03.07 Motion to Reopen Discovery and Extend Discovery and Discovery Motion Cut-off Dates 815
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.07
Excerpt: ...port of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) The declaration of Jeffrey E. Dorsett in support of this motion does not show any such effort to resolve the issue presented by the motion: reopening discovery. His declaration begins by explaining the parties' disputes over the depositions of defendants Chong Park and Howard Park. (...
2024.03.07 Demurrer to SAC, Motion for Sanctions 099
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.07
Excerpt: ...gal effects are subject to judicial notice under Evidence Code § 452(d). (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant's requests for judicial notice are granted. On demurrer, courts need not accept the truth of allegations that are inconsistent with documents subject to judicial notice. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474.) Amended Demurrer to Second Amended Complaint Defendan...
2024.03.06 Motion to Strike or Tax Costs 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.06
Excerpt: ...e reporter's transcript, and $49.50 for service of papers. Plaintiff cannot recover these costs because he did not incur them for the appeal on which he prevailed. Both sides appealed orders in this case. The Court of Appeal issued two remittiturs. First, on March 9, 2023, the Court of Appeal issued a remittitur “[a]s to the notice of appeal filed January 10, 2022, by Appellant Gabriel Flores.” The remittitur did not state that any party was ...
2024.03.06 Motion for Attorney Fees 707
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.06
Excerpt: ...sion (d). Lodestar Plaintiffs seek attorney fees incurred for the following hours and rates: Timekeeper Rate Hours Billed Freeman $450 8.3 $ 3,735.00 Henry $450 2 $ 900.00 Inscore $550 9.5 $ 5,225.00 Mellgren $450 9 $ 4,050.00 Rotman $550 21.9 $12,045.00 Wirtz $750 3 $ 2,250.00 Evans $300 8.7 $ 2,610.00 Goldson $300 18 $ 5,400.00 Hildebrand $250 3.6 $ 900.00 Lizarraga $250 4.2 $ 1,050.00 Vitanatchi $250 5.4 $ 1,350.00 Viviani $300 1.4 $ 420.00 Mu...
2024.03.04 Petition to Compel Arbitration and Payment of Fees and Costs 031
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.04
Excerpt: ...g the fees and costs petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the ...
2024.03.04 Demurrer to SAC, Motion for Sanctions 099
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.04
Excerpt: ...' existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant's requests for judicial notice are granted. On demurrer, courts need not accept the truth of allegations that are inconsistent with documents subject to judicial notice. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474.) Amended Demurrer to Second Amended ...
2024.03.04 Demurrer 886
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.04
Excerpt: ...nd cause of action for failure to prevent gender discrimination ( id., subd. (k)). The cross -complaint does not allege she exhausted her administrative remedies. “Before pursuing a civil action asserting violation of the FEHA, an employee must file an administrative complaint with the” Civil Rights Department “and obtain a right-to- sue letter from the agency.” (Foroudi v. Aerospace Corporation (2020) 57 Cal.App.5th 992, 1002.) “ ‘Ex...
2024.03.01 Motion to Amend or Supplement SAC 102
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.01
Excerpt: ...atters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Courts also have discretion to permit a supplemental complaint “ alleging f...
2024.03.01 Motion for Judgment on the Pleadings 834
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.01
Excerpt: ...dant cites no authority supporting its premise that “[t]he U.S. Supreme Court has long held that a plaintiff cannot proceed directly against a public entity on 42 U.S.C. § 1983 claims as a matter of law because there is no vicarious liability for such claims.” (Motion, pp. 3-4.) Defendant's reliance on Ashcroft v. Iqbal (2009) 556 U.S. 662 is misplaced. There, the Supreme Court stated, “Absent vicarious liability, each Government official,...
2024.03.01 Motion for Attorney Fees 585
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.01
Excerpt: ... A. Yeck's hourly rate of $650. For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.” (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.) Courts may rely on their “own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees, the difficulty or complexity of the litig...
2024.02.29 Motion to Strike 851
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.29
Excerpt: ...and Sonya Bagby. Defendants move to strike portions of the complaint related to punitive damages. Courts may strike a “demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages where the facts alleged “do not rise to t he level of malice, oppression or fraud necessary” to recover punitive damages under Civil...
2024.02.29 Motion to Quash Subpoenas for Private Records or for Protective Order 106
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.29
Excerpt: ... the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).) Plaintiff contends the subpoena to Sotheby's International Realty infringes on “multiple privacy rights.” (Motion, p. 2.) “The party asserting a privacy right m...
2024.02.29 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.29
Excerpt: ...n of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiffs' requests for production Nos. 16 -21 demand various categories of documents regarding the “POWERTRAIN DEFECT”: documents concerning (16) internal analysis or investigation, (17) communications about the defect, (18) warranty extensions, technical service bulletins and reca...
2024.02.29 Demurrer, Motion to Strike 861
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.29
Excerpt: ...2023, the clerk entered Turrow's default pursuant to plaintiffs' request. “The entry of a default cuts off the right to file pleadings and motions, and the right to notices and the service of pleadings.” (Steven M. Garber & Associates v. Eskandarian (2007) 150 Cal.App.4th 813, 823.) “After a default, a defendant is ‘ “out of court” ' and cannot take any further steps in the cause affecting the plaintiff's right of action until the def...
2024.02.28 Motion for Determination of Good Faith Settlement 357
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.28
Excerpt: ... to the court for a determination of good faith settlement. (CCP § 877.6(a).) A determination of good faith settlement “shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) In Tech -Bilt, Inc. v. Woodward-Clyde & Associates (1...

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