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2023.01.31 Motion to Deem RFAs Admitted, to Compel Responses 022
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.31
Excerpt: ...e to Defendants' lack of ordinary care, Plaintiff sustained injuries as well as pain and suffering. On January 06, 2022, Plaintiff filed his Complaint alleging two causes of action for General Negligence and Premises Liability. On May 10, 2022, Plaintiff amended the fictitious name of Doe 1 to MHC Property Management, L.P. and amended the incorrect name of Thousand Trails to MCH TT, L.P. On May 31, 2022, Plaintiff dismissed Equity Lifestyle and M...
2023.01.31 Motion to Compel Arbitration 554
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.31
Excerpt: ...ndant”). On August 03, 2022, Plaintiffs filed their Complaint alleging four causes of action for: (1) Violation of Song- Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Beverly Act § 1793.2(b), and (4) Violation of the Song-Beverly Act § 1973.22 – Tanner Consumer Protection Act. On September 09, 2022, Defendant filed its Answer. On November 03, 2022, Def...
2023.01.31 Motion for Summary Judgment 041
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.31
Excerpt: ...de a left turn near the entrance/exit of Brierwood Estates, located at 45800 Challenger Way (“Subject Roadway”), Lancaster California 93535, crashing head-on into Plaintiffs' vehicle. Plaintiffs further allege that Defendants City of Lancaster (“Lancaster”), County of Los Angeles (“COLA”), and the State of California, acting by and through the Department of Transportation, erroneously sued as “State of California, a governmental ent...
2023.01.31 Demurrer, Motion to Amend Filing Date 627
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.31
Excerpt: ...10, 2022, Defendant filed its Demurrer. On December 19, 2022, Plaintiff filed her Motion for Order to Amend Filing Date pursuant to CRC 8.77 (“Motion for Order to Amend”). On December 19, 2022, Plaintiff filed her Opposition to the Demurrer. On December 20, 2022, a hearing on the Demurrer was held. The Court continued the matter to January 31, 2022 as the Motion for Order to Amend impacts the Demurrer. On December 19, 2022, Plaintiff filed he...
2023.01.17 Motion to Compel Arbitration 811
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.17
Excerpt: ...rehired by Defendants in or around February 2019. Plaintiff presents that at all relevant times he was performing his job duties in a satisfactory manner. Plaintiff also presents that he lost the use of his right eye due to a retinal detachment in or around May and August 2019 and was then transferred from Defendants' Granada Hills office to the Palmdale office as well as required Plaintiff to move from location to location, including Defendant's...
2023.01.10 Motion to Dismiss 188
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.10
Excerpt: ...High School District ("AVUHSD”) was, and is, a public entity that oversees multiple schools, including Lancaster High School. On March 6, 2019, Cheyenne Jones, Alysa Jones, and Theresa Hampton (collectively “Plaintiffs”) filed their Complaint.¿ The operative pleading is the Third Amended Complaint (“TAC”) filed on December 16, 2019 and containing¿causes of action for Statutory Negligence and Negligent Supervision.¿ On October 18, 201...
2023.01.10 Motion for Judgment on the Pleadings, for Sanctions 259
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.10
Excerpt: ...er, CA 93535 (“Property No. 2” and, collectively, the “Properties”); and (3) a property management agreement for 2707 E. Avenue I, Lancaster, CA 93535 (“Property No. 3”). The residential agreement was set at the rate of $300.00 per month. Plaintiff presents: 1. He had accepted the rental agreement and, beginning April 2013, had occupied the apartment on the second floor of Property No. 1, and paid a total of $11,400.00 ($300.00/month)...
2023.01.03 Motion for Attorney Fees 444
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.01.03
Excerpt: ...ject Vehicle, Plaintiff has had to deliver the Subject Vehicle for repair to Defendant or its authorized repair facility(s) no less than seven (7) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: engine malfunction, illumination of the vehicle's check engine light, the vehicle's check engine light flashing while driving, the vehicle losing power while driving, the vehicle shutting...
2022.12.29 Motion to Enforce Settlement 875
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.29
Excerpt: ...f debris and, because of this, he slipped and fell, sustaining bodily injuries. On December 22, 2020, Plaintiff filed his Complaint alleging one cause of action in Negligence. On April 09, 2021, Defendant responded in the form of a Motion to Strike Punitive Damages, subsequently granted. On June 07, 2021, Defendant filed its Answer. On December 05, 2022, Defendant filed this Motion to Enforce Settlement. On December 16, 2022, Plaintiff filed his ...
2022.12.29 Motion for Summary Judgment 694
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.29
Excerpt: ...ited to the Premises;  Plaintiff was one of the people invited to the Premises;  At approximately 5:00 pm, Defendant negligently and without due care created a situation at the Premises that caused people to uncontrollably rush to leave the premises, creating a defective, unsafe, and hazardous condition (i.e., a trap); and  Plaintiff was walking up to the Premises when the aforementioned incident occurred, causing her to be trampled by t...
2022.12.22 Motion for Reconsideration 627
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.22
Excerpt: ...ne year from owners Defendants Juana Carranza (“Carranza”) and Guillermo Farias (“Farias” and collectively, “Defendants”). (First Amended Complaint [“FAC”] Exh. 1.)¿ The operative pleading is the Second Amended Complaint (“SAC”), filed on April 30, 2021, which alleges six (6) causes of action for: (1) Specific Performance or Damages Based Upon Breach of Contract; (2) Breach of Written Contract; (3) Fraud, Deceit; (4) Intentio...
2022.12.20 Demurrer 627
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.20
Excerpt: ... 10, 2022, Defendant filed its Demurrer. No Opposition has been filed. “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days. . .before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) The hearing is set for December 20, 2022. Accordingly, an Opposition was due by December 07, 2022. Should an Opposition be filed, it is now untimely. ----- Legal Standard Standard for Dem...
2022.12.13 Motion to Compel Further Responses, for Sanctions 562
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.13
Excerpt: ...s (COLA), which was ultimately denied on May 21, 2018. On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1) Negligence, (2) Inverse Condemnation; (3) Public Nuisance; (4) Pr...
2022.12.08 Motion for Summary Judgment 376
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.08
Excerpt: ...sideration for a credit card and its benefits, Plaintiff alleges that Defendant agreed and promised to repay Plaintiff the sums advanced, plus interest. On or about the same date, Plaintiff approved the application and mailed Defendant a notice of approval and the terms and conditions for the credit card for which upon use of the credit card Defendant agreed to be bound by its terms and conditions and any modifications thereto. Plaintiff presents...
2022.12.07 Motion to Set Aside Void Judgment and Quash Writ of Possession 029
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.07
Excerpt: ...(“the Property”). Ownership was obtained via a foreclosure sale held pursuant to the power under the Deed of Trust executed by Defendants Brendem Plong and Mareine Plong (“Defendant” and collectively “Defendants”) or their predecessors. Defendants are the former trustor or holdover occupant of the former trustor. On January 14, 2022, Plaintiff filed its Complaint alleging one cause of action for unlawful detainer following foreclosure...
2022.12.06 Motion to Compel Answers 396
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.06
Excerpt: ...y 11, 2022, Defendant filed its Answer. On September 30, 2022, Defendant filed three motions:  Motion to Compel Plaintiff's Answers to Request for Production of Documents (“Motion to Compel RFPs”),  Motion to Compel Plaintiff's Answers to Form Interrogatories (“Motion to Compel Form Interrogatories”), and  Motion to Compel Plaintiff's Answers to Special Interrogatories (“Motion to Compel Special Interrogatories”). No Oppositi...
2022.12.01 Motion to Compel Further Responses 460
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.01
Excerpt: ...uck the vehicle in front of her, causing that vehicle to hit Plaintiffs' vehicle. Plaintiffs further allege that Defendant was negligent while operating her vehicle; that because she was driving at a high rate of speed, she wasn't able to break in time and Plaintiffs each suffered injuries that they sought medical treatment for on the day of the incident as well as subsequent on-going treatment. On June 04, 2021, Plaintiffs filed their Complaint ...
2022.12.01 Demurrer 151
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.12.01
Excerpt: ...n Jacobson and Nicole Parson, at his motel, Down Town Motel, located at 757 W. Avenue I, Lancaster, CA 93534, on the following dates:  June 19, 2020 to July 6, 2020 for Brian Jacobson, and  October l, 2020 to April 20, 2021 for Nicole Parson Both individuals are alleged to have had their stay subsidized by Defendant at a rate of $65.00 per day. Plaintiff presents that Defendant failed to pay the rent for Brian Jacobson and Nicole Parson and...
2022.11.29 Motion for Leave to File FAC 915
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.29
Excerpt: ...alleges that all defendants – CVS Health, CVS Pharmacy, and Doe Defendants – had notice that there was a substantial and foreseeable risk of the formation of black ice resulting from water emanating from a defective irrigation system and that each them were responsible for the purchase, selection of the irrigation system, its installation, placement, positioning and arranging and the spray intervals through automatic timers which control volu...
2022.11.29 Demurrer 634
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.29
Excerpt: ...ent had high levels of potassium; (2) his information was relayed to Robin as well as AVH's intention to release Decedent that evening as AVH did not have a bed; (3) Robin informed AVH staff that Decedent needed dialysis and AVH kept Decedent overnight due to the new information; and (4) Decedent informed Marvin that AVH staff left her in the hallway overnight and left her to sit in her own feces for eight to ten hours. On or about September 30, ...
2022.11.29 Demurrer 257
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.29
Excerpt: ...nd surgery would ultimately be needed soon, and (2) surgery. Plaintiff further alleges that she did not have the money for surgery but was told that MAH could use their donation box to help cover the balance. Plaintiff presents that she returned to MAH on the same day and presented $3,000.00 and a $500.00 voucher for the surgery and was told that (1) the surgery would be discounted by $300.00, (2) $500.00 would still need to be paid once surgery ...
2022.11.29 Application for Writ of Possession 402
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.29
Excerpt: ...t obtained possession of the motorcycle. Plaintiff further alleges that after obtaining possession of the Motorcycle, Defendant failed to abide by and cure his breach as of that date; Plaintiff has demanded that Defendant return the motorcycle, but Defendant continues to withhold possession of the motorcycle; and Defendant owes Plaintiff the sum of $25,358.34, plus interest, late charges, attorneys' fees and costs, pursuant to the Contract. On Ju...
2022.11.17 Motion for Summary Judgment, Adjudication 832
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.17
Excerpt: ...ed to protect Plaintiff from pressure injuries to deep tissues in his posterior, thus, falling below the standard of care. The pressure injuries to deep tissues in his posterior are alleged to be a “massive decubitus tissue injury involving bone, muscle, nerves, and connective tissue.” (Complaint ¶ 6.) Plaintiff alleges non- economic and economic damages. On October 19, 2021, Plaintiff filed his Complaint alleging one cause of action for Med...
2022.11.15 Motion to Strike 260
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.15
Excerpt: ...a loan from National City Bank in the amount of $33,600.00 (“Second Loan”). The Second Loan was subsequently transferred until it reached Trinity Financial Services pursuant to a Corporate Assignment of Deed of Trust dated February 5, 2014. Plaintiff and Taft allege that they were not made aware of any of the transfers and that they only had communication from National City Bank in 2010. Plaintiff is informed that a Notice of Default (“NOD�...
2022.11.15 Motion to Quash Subpoenas 098
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2022.11.15
Excerpt: ...hout stopping, striking Plaintiffs' vehicle with the 2018 Chevy Malibu he was driving. Ma Delacruz (“Ma” and collectively “Defendants”) is alleged to be the owner of the 2018 Chevy Malibu. Plaintiffs allege serious and potentially permanent injuries to their physical and emotional/mental health. On February 15, 2022, Plaintiffs filed their Complaint alleging four causes of action: (1) Negligence (two counts), (2) Motor Vehicle Negligence ...

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