Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

788 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Tamzarian, Armen x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 222)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 680)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 75,25
Array
(
)
2024.02.27 Motion to Expunge Lis Pendens, for Monetary Sanctions 605
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.27
Excerpt: ...f Civil Procedure section 405.30 provides that a party with an interest in the real property may move to expunge a lis pendens. A party may do so on the basis that “the lis pendens is void and invalid” under section 405.23. (J & A Mash & Barrel, LLC v. Superior Court of Fresno County (2022) 74 Cal.App.5th 1, 16.) “A motion for expungement establishes a lis pendens is ‘void and invalid' for purposes of section 405.23 by showing service of ...
2024.02.27 Motion for Summary Judgment, Adjudication 920
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.27
Excerpt: ... for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (CCP § 437c(a)(1).) In contrast, “[a] party may move for summary adjudication as to one or more causes of action within an action.” (Id., subd. (f)(1).) “Unlike a summary judgment, which terminates the entire action and results in an immediate, appealable judgment [citations], summary ...
2024.02.26 Motions to Compel Compliance with Deposition Subpoena for Production of Business Records, to Quash Subpoena 413
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.26
Excerpt: ...r production of business records. Sunlight moves to quash White's deposition subpoena. White's motion to compel compliance with the subpoena is untimely. A motion to compel production of documents demanded in a deposition subpoena “shall be made no later than 60 days after the completion of the record of the deposition.” (CCP § 2025.480(b).) “The record of” a deposition pursuant to a business records subpoena “is the documentary record...
2024.02.23 Motion for Sanctions, to Deem RFAs Admitted 567
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.23
Excerpt: ...ction is grounds for sanctions up to and including termination. (CCP § 2030.300(e) [interrogatories]; § 2031.310(i) [requests for production].) Disobeying an order compelling further responses to requests for admission is grounds for monetary sanctions and an order deeming the matters admitted. (§ 2033.290(e).) Jerry Davidson disobeyed orders compelling further responses to special interrogatories, requests for production, and requests for adm...
2024.02.22 Request for Court Judgment 130
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.22
Excerpt: ...( Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) Where “the liability of the individual defendants” relies “upon disregard of the corporate entity by application of the alter ego doctrine,” a complaint's “bare conclusory allegation[s]” are insufficient for a default judgment against the individuals. (Vasey v. California Dance Co. (1977) 70 Cal.App.3d 742, 748 -749.) “In order to prevail in a cause of action again...
2024.02.21 Motion to Expunge Lis Pendens and Mechanics Liens 642
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.21
Excerpt: ... the operative pleading: the first amended complaint after the court sustained defendants' demurrer to the 5th through 10th causes of action for foreclosure of mechanics liens. The court's order sustaining the demurrer gave plaintiff 30 days' leave to file a second amended complaint. Plaintiff concedes it did not timely file a second amended complaint. (Opp., p. 2.) Instead, the same day defendants filed this motion, plaintiff filed an untimely s...
2024.02.21 Motion to Compel Responses, Deem RFAs Admitted, Compel Deposition of PMK 522
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.21
Excerpt: ...errogatories, and requests for production. When the responding party fails to timely respond to interrogatories or requests for production, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [request for production].) Failing to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) BMW ultimately served untimely responses to these discovery requests. (Dao Decl...
2024.02.16 Demurrer 211
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.16
Excerpt: ...o exhibits: (A) a letter written by the Department of Health Care Services (DHCS) to the California Society of Pathologists, and (B) part of the Medi -Cal Provider Manual titled “Pathology: Billing and Modifiers.” Both documents are “[o]fficial acts” of the State's executive departments subject to judicial notice under Evidence Code section 452(c). Defendant's requests for judicial notice are granted. Judicial Abstention Defendant argues ...
2024.02.14 Motion to Consolidate Cases 785
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.14
Excerpt: ...the same or similar claims” (Cal. Rules of Court, rule 3.300(a)(1)) or “[a]rise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact” (rule 3.300(a)(2)). The latter case alleges personal injury and premises liability based on plaintiff Latasha Grigsby falling on February 16, 2021, while using the stairs at 776 East Meadbrook St...
2024.02.14 Motion to Compel Deposition, OSC Re Transfer to Limited Jurisdiction 617
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.14
Excerpt: ...ss for plaintiffs Donoco Investments, LLC and Donald Okada. The court will not consider plaintiffs' opposition. Marcus, Watanabe & Enowitz filed the opposition on plaintiffs' behalf. That firm is not plaintiffs' counsel of record. The firm has filed two notices of limited scope representation stating representation was limited to (1) opposing summary judgment and (2) responding to the order to show cause re: transfer to limited jurisdiction. Both...
2024.02.13 Request for Court Judgment by Default 772
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.13
Excerpt: ...nt greater than the amount specifically demanded in the complaint is void as beyond the court's jurisdiction.” (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) “Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.” (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830–831.) Plaintiff requests a judgment of $216,766.50 including $200,000 in ...
2024.02.13 Motion to Set Aside Default 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.13
Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” “Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendants' counsel Ophir J. Bitton explains, “After [a] call” with p...
2024.02.09 Motion for Sanctions 713
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.09
Excerpt: ...fendant followed the safe harbor procedure required under section 128.7. “Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” (CCP § 128.7(c)(1).) The proof of ser...
2024.02.08 Demurrer 071
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.08
Excerpt: ...Pinnacle and Guan arise from plaintiffs' sale of real property at 2120 Mountain View Rd. in South El Monte. (Comp., ¶¶ 35-45.) Plaintiffs Min-Hsiung Chen and Nancy M. Chien conveyed title to the property to the Chien Family Trust. (¶ 36.) Min-Hsiung and Nancy M. Chien served as the trustees until May 2022. (¶ 47.) Their children, Stan Chien and Allen Chien, then succeeded them as trustees. (Ibid.) Plaintiffs allege, “On or about March 1, 20...
2024.02.01 Special Motion to Strike 829
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.01
Excerpt: ...� Though this rule does not apply to anti-SLAPP motions, consecutively numbering objections—especially voluminous objections—is necessary for the court to make clear rulings on them. All of defendant's objections are overruled . Public Interest Exemption Plaintiff relies on the public interest exemption in Code of Civil Procedure section 425.17(b): “Section 425.16 does not apply to any action brought solely in the public interest or on beha...
2024.02.01 Motion to Compel Arbitration and Stay Proceedings 014
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.01
Excerpt: ...tt is a party to the agreement, the court will still deny the motion for the reasons discussed below. Labor Code Claims Garrett cannot require plaintiff to arbitrate the first six causes of action for violations of the Labor Code. Garrett moves to enforce an arbitration provision included in a document labeled “At-Will Agreement.” (Gentry Decl., Ex. A.) The agreement provides, “Employee and the Company agree that arbitration shall be the ex...
2024.02.01 Motion for Leave to Conduct Second Limited Deposition 230
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.01
Excerpt: ...n.” (Id., subd. (b).) Defendant shows good cause to depose plaintiff again. This action arises from plaintiff's termination in 2014. Defendant deposed plaintiff in July 2017. (Lalitte Decl., ¶ 3.) Plaintiff claims damages extending beyond July 2017. Trial is now set for May 8, 2024, nearly seven years after plaintiff was deposed. What has happened since July 2017 is directly relevant. More than two thirds of the period relevant to plaintiff's ...
2024.01.31 Motion to Strike 807
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.31
Excerpt: ...laint.” (Code Civ. Proc., § 431.10, subd. (b)(3).) Courts may strike allegations regarding punitive damages where the facts alleged “do not rise to the level of malice, oppression or fraud necessary” to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) Punitive Damages for Breach of Implied Covenant of Quiet Enjoyment One of the 18 portions of the co...
2024.01.31 Motion to Compel Arbitration and Stay Action 167
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.31
Excerpt: ...unconscionability focuses on the elements of oppression and surprise.” (Id. at p. 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.) “Generally, the burden is on the party opposing arbitration to show an arbitration agreement is unconscionable.” (Saheli v. White Memorial Medical Center (2018) 21 Cal.App.5th...
2024.01.31 Motion for Attorney Fees 570
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.31
Excerpt: ...attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” (CCP § 685.040.) The Enforcement of Judgments Law “ ‘addresses in detail several means of enforcing a judgment, including liens on real and personal property (§§ 697.010-697.920), writs of execution (§§ 699.010-701.830), garnishment of wages (§§ 706.010-706.154) and writs of possession or sale (§§ 712.010-7...
2024.01.31 Application to Determine Good Faith Settlement 534
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.31
Excerpt: ... action arises from injuries plaintiff Catherine Pham, D.D.S. alleges she suffered due to a defective medical device. Defendants LivaNova Holding USA, Inc. and LivaNova Deutschland, GmbH (LivaNova) manufactured the device. The Kaiser defendants used it while treating Pham. Co-plaintiff Tuan H. Tran is Pham's spouse and alleges one cause of action for loss of consortium against all defendants. The Kaiser defendants settled with plaintiffs in excha...
2024.01.29 Special Motion to Strike 460
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.29
Excerpt: ...Musayelyan makes 33 objections to the declaration of Mariam Gabashvili and four objections to the declaration of Dmitry Bykov. All objections are overruled. Legal Standard Courts use a two-step process for resolving anti-SLAPP motions under section 425.16: “First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Navellier v. Sletten (2002) 29 Cal...
2024.01.26 Petitions to Vacate Contractual Arbitration Award, to Confirm Arbitration Award 007
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.26
Excerpt: ... made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Real Party in Interest Petitioner Clare contends respondent 2644 fails to show it is the real party in interest and therefore lacks capacity to respond to the petition or file a cross-petition. Clare's argument relies on the premise that...
2024.01.25 Motions to Compel Further Responses 431
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.25
Excerpt: ...statement, however, includes only 29 requests, erroneously numbered 1-29. They are request Nos. 7-27 and 29-36. The court will only address those requests. A party propounding requests for production may move to compel further responses if “[a] statement of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or t...
2024.01.25 Motion to Strike Answer, Demurrer, Motion to Strike 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.25
Excerpt: ...drug replied that the new verifications are improper for several reasons, including that they were signed electronically instead of by hand. Electronic signatures are permitted—even for documents signed under penalty of perjury. (Cal. Rules of Court, rule 2.257(b).) The new verifications are sufficient. Apart from the verifications, Vydrug presents valid grounds to strike all 24 challenged portions of the answer. Code of Civil Procedure section...

788 Results

Per page

Pages