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 175,25
Array
(
)
2023.10.20 Motion for Reconsideration 248
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.20
Excerpt: ...de of Civil Procedure section 1008(c). (Motion, pp. ii, 1-2, 7-9; Reply, p. 3.) That subdivision provides, “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” The statute's plain language does not permit a party to make such a motion. “Unless the requirements of [Code of Civil Procedure] section 437c, subd...
2023.10.20 Motion for Attorney Fees 800
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.20
Excerpt: ...ssary and whether the amount of time billed for each task was reasonable. (Baxter v. Bock (2016) 247 Cal.App.4th 775, 793.) The moving party has the burden of proof on these issues. (Ibid.) “[V]erified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.” (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396....
2023.10.20 Demurrer to SAC 270
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.20
Excerpt: ...tness gym. In the new action, plaintiff alleges various claims against John Park and “Yoka Smith Law,” attorneys who represent Fitness & Sports Club, LLC in the first action. The cases have at most minor overlapping issues. The subject matter of each is different and they have no common defendants. Moreover, relating and reassigning cases is discretionary. California Rules of Court, rule 3.300(h)(1) provides, “In a court in which cases are ...
2023.10.19 Motion to Compel Arbitration 032
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.19
Excerpt: ... do not meet their burden of showing Jeff Abrams agreed to arbitrate disputes with them. Jeff Abrams did not sign the arbitration agreement. (Pedraza Decl., Ex. A.) Defendants rely on the theory that Jane Abrams acted as Jeff Abrams' agent in signing the arbitration agreement on his behalf. “Generally, a person who is not a party to an arbitration agreement is not bound by it.” (Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581...
2023.10.03 OSC Re Entry of Default Judgment 076
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.03
Excerpt: ...ally 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 (Airs Aromatics).) “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's complaint prays for various forms of damages “according to proof.” (C...
2023.10.03 Motion for Protective Order 174
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.03
Excerpt: ...ession, or undue burden and expense.” (CCP § 2031.060(b).) Scott objects to public disclosure—not discovery by plaintiff—of his personnel records based on his right to privacy. “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious.” (Williams v. Superior Court (2017) 3 Cal.5th 531, ...
2023.10.03 Motion for New Trial, for Judgment Notwithstanding the Verdict 385
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.03
Excerpt: ... grounds for new trial Code of Civil Procedure section 657[1] sets forth seven grounds for a motion for new trial. In their respective notices of intention to move for new trial, both parties stated they were moving for a new trial on all seven grounds. But in her brief supporting her motion, plaintiff only asserted two grounds, namely an irregularity in the proceedings (§ 657, subd. (1)) and an error in law (§ 657, subd. (7).) In its brief, Ma...
2023.10.02 Motion for Judgment on the Pleadings 341
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.02
Excerpt: ...truments and their legal effects are subject to judicial notice under Evidence Code section 452, subdivisions (c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1; Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) The sixth exhibit is a copy of the Contractor's License Detail for license No. 1104933, U & G Construction Inc, from the website of the California Department of Consumer Affairs, Cont...
2023.09.29 Motion for Issue and Evidence Sanctions, Terminating Sanctions 815
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.29
Excerpt: ...Code Civ. Proc., § 2023.030(a)), “an issue sanction ordering that designated facts shall be taken as established” or prohibiting a party “from supporting or opposing designated claims or defenses” (id., subd. (b)), “an evidence sanction by an order prohibiting” a party “from introducing designated matters in evidence” (id., subd. (c)), or “a terminating sanction” by striking a party's pleadings, staying the action, dismissing...
2023.09.29 Demurrer, Motion to Strike 648
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.29
Excerpt: ... Code section 452, subdivision (h), which permits judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” This provision “is intended to cover facts which are not reasonably subject to dispute and are easily verified,” such as “facts which are widely accepted as established by experts and spe...
2023.09.28 Demurrer to SAC 334
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.28
Excerpt: ... nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Hegge argues the second amended complaint does not allege he was a party to the subject contract. It alleges Hegge breached the partnership agreement governing defendant Mertz-Del Amo, a California general partnership. (SAC, ¶ 27, Ex. A.) Ouye alleges he is a general partner of the partnershi...
2023.09.27 Motion for Attorney Fees 800
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.27
Excerpt: ...y rely on its own experience and knowledge in determining the reasonable value of attorney fees. (Id. at p. 1096; accord Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1249.) Basis for Attorney Fees A prevailing party can only recover attorney fees when authorized by contract, statute, or law. (CCP § 1033.5(a)(10).) Plaintiff claims attorney fees under three statutes: Code of Civil Procedure section 1021.6, Labor Code section 218...
2023.09.26 Motion to Compel Further Responses 568
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.26
Excerpt: ...urther responses on the basis that defendant produced documents that were not “identified with the specific request number to which the documents respond.” (CCP § 2031.280(a).) Defendant did that. On May 1, 2023, defendant served a notice of production including a table identifying which documents respond to which requests for production. (Reyes Decl., Ex. 2.) Unlike the written responses to requests for production (CCP §§ 2031.210(a)(1)-(...
2023.09.25 Motion in Limine to Exclude Expert Witness 472
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.25
Excerpt: ...urt to exclude the expert opinion of any witness offered by a party who has unreasonably failed to produce expert reports and writings as required by section 2034.270.” (Boston v. Penny Lane Centers, Inc. (2009) 170 Cal.App.4th 936, 952 (Boston).) The statute applies to “creation of expert reports and writings” by the expert (ibid.; see CCP §§ 2034.210(c), 2034.270), not to all documents an expert witness relies on or reviews. Plaintiff p...
2023.09.21 Motion to Compel Arbitration and Stay Action 467
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.21
Excerpt: ...lies. The court declines to reach the issue because the result would be the same under either the FAA or the California Arbitration Act. Existence of Agreement Defendants present sufficient evidence that plaintiff electronically signed the purported arbitration agreement. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057.) The moving party can me...
2023.09.20 Motion to Compel Binding Arbitration 962
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.20
Excerpt: .... 3). Defendant is entitled to enforce the latter arbitration provision. Section 4 of Owner's Handbook & Warranty Information provides: “If you purchased or leased your Hyundai vehicle in the State of California, you and we each agree that any claim or disputes between us (including between you and any of our affiliated companies) related to or arising out of your vehicle purchase, use of your vehicle, the vehicle warranty, representations in t...
2023.09.20 Demurrer, Motion to Strike 510
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.20
Excerpt: ...trol Group, LLC (Crowd Control) because he does not meet the continuous membership requirement. To bring a derivative action on behalf of a limited liability company, the plaintiff must allege he “was a member, of record or beneficially, at the time of the transaction or any part of the transaction of which the plaintiff complains.” (Corp. Code, § 17709.02(a)(1).) “[S]ection 17709.02 requires both ‘contemporaneous' membership—meaning t...
2023.09.19 Demurrers 885
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.19
Excerpt: ...dual employees or coworkers are not liable for retaliation under Labor Code section 1102.5. Only employers can be liable. While no California court has decided the issue, persuasive authority has reached this conclusion. “District Courts have reasoned that if the California Supreme Court were to address the issue, it would hold that section 1102.5 does not impose personal liability on employees and supervisors.” (Mewawalla v. Middleman (N.D. ...
2023.09.19 Demurrer 245
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.19
Excerpt: ...rgue this cause of action is barred by the statute of limitations. A demurrer should be sustained where “the complaint shows on its face that the statute [of limitations] bars the action.” (E-Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1315.) In evaluating a demurrer based on untimeliness, the court must determine: (1) which statute of limitations applies; and (2) when the claim accrued. (Id. at p. 1316.) The statute ...
2023.09.14 Motion to Quash Subpoenas or for Protective Order to Limit Subpoenas 568
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.14
Excerpt: ...ions to the declaration of Viridiana E. Aceves. Objection Nos. 1, 2, and 4 are sustained. Objection No. 3 is overruled. Meet and Confer Plaintiff did not make an adequate attempt to informally resolve this dispute. A motion “for an order staying the taking of [a] deposition and quashing [a] deposition notice … shall be accompanied by a meet and confer declaration under Section 2016.040.” (CCP § 2025.410(c).) “A meet and confer declaratio...
2023.09.14 Motion to Compel Responses 334
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.14
Excerpt: ...rogatories 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).) Mertz-Del Amo served responses after Ouye filed these motions. The motions are therefore moot as to ordering Mertz-Del Amo to respond. The only remaining issues are whether Mertz-D...
2023.09.13 Demurrer to FAC 593
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.13
Excerpt: ...v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal quotes and alterations omitted.) The complaint must sufficiently apprise defendants of the claims against them. (Ibid.) Plaintiff's amendments cured the initial complaint's uncertainty. The first amended complaint may not be a model of clarity, but it now labels its causes of action, including expressly alleging defendant breach three separate contracts. (FAC, ¶¶ 8- 10.) It ...
2023.09.12 Motion to Compel Further Responses 738
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.12
Excerpt: ...bjection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer Defendant General Motors, LLC argues plaintiff did not meet and confer in good faith before filing this motion. Plaintiff sent a detailed meet and confer letter on July 20, 2023 (Treybig Decl., ¶¶ 23-24, Ex. 5), over three weeks before filing this motion. The record includes no evidence that defendant responded to the letter. Defendant asserts the...
2023.09.12 Motion to Compel Arbitration 415
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.12
Excerpt: ... because CarMax assigned its contractual rights to ACA. “An assignee stands in the shoes of the assignor, taking his or her rights and remedies subject to any defenses the obligor has against the assignor prior to notice of the assignment.” (Creative Ventures, LLC v. Jim Ward & Associates (2011) 195 Cal.App.4th 1430, 1447, internal quotes omitted.) ACA authenticated a copy of a retail installment sales contract between plaintiff and CarMax. (...
2023.09.08 Motions to Set Aside and Vacate Judgment, for New Trial 944
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.08
Excerpt: ... consistent with or not supported by the facts.” (CCP § 663, subd. 1.) “In ruling on a motion to vacate the judgment the court cannot ‘ “in any way change any finding of fact.” ' ” (Glen Hill Farm, LLC v. California Horse Racing Bd. (2010) 189 Cal.App.4th 1296, 1302.) Defendant contends the judgment relies on an incorrect or erroneous legal basis because the court did not properly apply the lease and its addendum's terms defining “...

788 Results

Per page

Pages