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2023.01.09 Motion to Compel Deposition 802
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2023.01.09
Excerpt: ...ed (CCP 1005(b)): Ok Proper Address: Ok Opposition and Reply Submitted. RELIEF REQUESTED Plaintiff moves for an order compelling the deposition of Defendant's Person Most Qualified (PMQ) and document production at deposition as specified in Plaintiff's deposition notice. Plaintiff makes the instant motion on the following grounds: CCP §2025.010, 2025.230, and good cause. BACKGROUND This action stems from Plaintiff's allegations that he was injur...
2023.01.06 Demurrer 744
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2023.01.06
Excerpt: ...neteenth affirmative defenses in the Defendants' answer on grounds that each affirmative defense does not state facts sufficient to constitute a cause of action. Procedural 16/21 Day Lapse (CCP §12c and §1005(b):Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok Opposition and Reply submitted. BACKGROUND On 10/24/2022, Plaintiff filed a complaint alleging a cause of action for negligence against De...
2022.12.30 Motion to Set Aside Default 477
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.30
Excerpt: ...e (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): No – The instant motion to set aside default, memorandum of points and authorities, and declaration of Mason Yost was served via email to “[email protected]”. On eCourt, the email address for Plaintiff's counsel is listed as “[email protected]”. However, since Plaintiff filed an Opposition, it appears as i...
2022.12.30 Motion to Deem RFAs Admitted, to Compel Deposition 251
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.30
Excerpt: ...ectronically, but the POS doesn't state the electronic address. Further, the POS states the Opposition papers were served by mail, and there could be an issue with the mailing address as noted in the Analysis section below with respect to service of the responses themselves.] RELIEF REQUESTED¿ Plaintiff, Sanda Oswald, moves this Court for an order establishing admissions as to the truth of each matter specified in the first set of requests for a...
2022.12.30 Motion for Leave to Intervene 275
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.30
Excerpt: ...: No Opposition A Notice of Non-Opposition to Motion for Leave to Intervene was submitted. RELIEF REQUESTED¿ Intervenor, La Crescenta Chapter of the Armenian Cultural Foundation, moves the Court for an order granting Intervenor leave to intervene in this action. This motion is made pursuant to CCP sections 387 and 527 on grounds that: (1) Intervenor is a necessary and indispensable party to this action in that Intervenor claims a direct interest...
2022.12.30 Motion for Attorney Fees, to Tax Costs 144
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.30
Excerpt: ...rsement of costs. [As a preliminary matter, neither the caption of the motion nor the cover page of the notice of motion states how much money Plaintiff is moving for in total. Further, the declaration of Diamse doesn't state how much Plaintiff is moving for in total. The Diamse declaration states how much Plaintiff is seeking in attorneys' fees plus costs, but the Diamse declaration does not mention how much Plaintiff seeks with the addition of ...
2022.12.23 Motion to Compel Deposition 629
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.23
Excerpt: ...UESTED: Defendant, Tricia Halamandaris, moves for an order pursuant to CCP §2025.450 compelling Plaintiff, Brigitte Bergman, to attend and testify at oral deposition. Defendant moves the Court for an order imposing monetary sanctions in the amount of $1,989.95 against Plaintiff for the court reporter costs for the two missed depositions, for the reasonable attorney fees and the cost of this motion incurred by Plaintiff's refusal to appear for or...
2022.12.23 Motion for Summary Adjudication 364
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.23
Excerpt: ...nts, Bank of America, N.A.; PRLAP, Inc.; U.S. Bank National Association, as Trustee of Banc of America Mortgage 2008-A Trust, Mortgage Pass-Through Certificates, Series 2008-A; Specialized Loan Servicing, LLC Proof of service timely filed (CRC 3.1300(c)): Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Moving Papers: Notice of Motion and Memo; Vahe Alek Saginian Declaration; Proposed Order; Request for Judicial Notice; Ryan Hemar Declaration; Sep...
2022.12.23 Motion for Leave to File Complaint 182
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.23
Excerpt: .../21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Moving Papers: Motion; Decl. Nelson; Proposed Order Opposition Papers: Opposition Reply Papers: Reply; Second Decl. Nelson RELIEF REQUESTED Defendant, Palm Deluxe Partners, LP moves the Court for an order granting leave to file a cross- complaint against Plaintiffs/Proposed Cross-Defendants Serjik Alehverdian, Mineh Abrahimi, and proposed Cross-Defendant Loris Nersissian to recover unpaid...
2022.12.09 Demurrer, Motion to Strike 594
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.09
Excerpt: ...y Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Defendant, GlenMed, demurs pursuant to CCP §430.10 et seq. to the following causes of action on the following grounds: 1. First Cause of Action for Breach of Written Contract as it is fatally uncertain and fails to state facts sufficient to state a cause of action and is therefore subject to demurrer unde...
2022.12.09 Demurrer, Motion to Strike 006
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.09
Excerpt: ...] Responding Party: Plaintiff, Tracey Baumert (Oppo and Reply Submitted) Moving Papers: Memo Demurrer; Memo Motion to Strike; Decl. Steven M. Dailey; Request for Judicial Notice Opposition Papers: Opposition to demurrer Reply Papers: Notice of Non-Opposition to Motion to Strike; Reply to Demurrer Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Loan Defendants demur ...
2022.12.09 Motion to Compel Further Responses 473
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.09
Excerpt: ...: Opposition; Decl. Michael R. Carey; Separate Statement Reply: Reply; Decl. Holly Thomas RELIEF REQUESTED Plaintiff, Justine Hsu, moves for an order compelling Defendant, Tesla, Inc. to further respond to Special Interrogatories, Set Two, No. 15. Plaintiff requests sanctions against Tesla and in favor or Justine in the sum of $5,122.50 pursuant to CCP §2023.030(a) and (c), 2023.010(d), (e), (f), (g), (h), and 2030.300. This motion is brought pu...
2022.12.09 Motion to Compel Further Responses 932
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.09
Excerpt: ...y Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok – Opposition attempts to argue that this motion is untimely, but Opposition incorrectly says that two court days must be added to service when in fact only two calendar days must be added . Proper Address: ok (Opposition and Reply Submitted.) RELIEF REQUESTED Plaintiffs, Steven Spinoglio and Denise Amato-Spinoglio, Co-Trustees of the Spinoglio Family Trust (collectively “...
2022.12.09 Motion to Strike 061
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.09
Excerpt: ...] Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Cross-Defendants Century 21 Allstars , Inc ., Louis Chavez , and Gabriela Salazar (collectively “Brokers”) seek an order striking the following portions of Stockpile's Cross-Complaint: 1. Stockpile's vague, conclusory, and improper request for punitive damages as to Century 21 Allstars, Inc . is illegitimate, imp...
2022.12.02 Motions to Compel Further Responses 300
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...ACIC”) Responding Party: No Opposition submitted No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok – served exactly 21 days before hearing; 16 Court days plus five calendar days. (See CCP §1005(b).) Proper Address: ok RELIEF REQUESTED Plaintiff, American Contractors Indemnity Company moves for an order compelling Defendant, Chase Fire Protection to provide further responses to Pl...
2022.12.02 Motion to Quash 195
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...ove the Court for an order quashing Empire's subpoenas issued to the following facilities: 1. T-Mobile USA, Inc., 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833 2. AT&T Mobility, LLC., 330 North Brand Blvd., Suite 700, Glendale, CA 91203 3. Verizon Cellco Partnership dba Verizon Wireless, 180 Washington Valley Road, Bedminster, NJ 07921 This motion is brought pursuant to CCP §1985.3, 1987.1, 2017.020, 2025.410, and 2025.420. Procedural...
2022.12.02 Motion to Compel Compliance with Deposition Subpoena 473
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...g Papers: Motion; Decl. Donald H. Slavik; Plaintiff Separate Statement; Notice of Lodging Confidentially under Seal Decl. of Anum Arshad; Decl. Anum Arshad; Opposition Papers Tesla: Opposition; Decl. Michael R. Carey Opposition Papers Non-Party Mobileye Inc.: Opposition; Reply to Separate Statement; Decl. Michael Hanada; Decl. Gaby Hayon; Decl. John H. Gray; Proof of Service Reply: Combined Reply to Non-Party and Tesla RELIEF REQUESTED Plaintiff,...
2022.12.02 Motion for Summary Judgment, Adjudication 575
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...tem N.K. Opposition submitted; Reply submitted late [The Court will still consider the late Reply.] Moving Papers: Motion; Separate Statement; Declaration of Nancy P. Doumanian with Exhibits; Proposed Order Oppo Papers: Memorandum of Points and Authorities; Response to Separate Statement and Plaintiff's additional undisputed material facts; Declaration of Lawrence D. Marks and Exhibits; Declaration of N.K. and Exhibits in Opposition; Index of Evi...
2022.12.02 Demurrer, Motion to Strike FAC 252
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...C., a California corporation; and DOES 1-30 TENTATIVE RULING ON DEMURRER AND MOTION TO STRIKE TO FAC Moving Party: Defendants - Robert D. Heinrich, CPA, an individual (“Robert”); Robert D. Heinrich, C.P.A., Inc., a California corporation, (“CPA, Inc.”) and MMAP Services, Inc., a California corporation (“MMAP”) Responding Party: Plaintiffs – GC-8, LLC; San Clemente Beach Country Club; Shorecliffs Golf Management, Inc.; Sean Leong; an...
2022.11.23 Motion to Compel Deposition 276
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.23
Excerpt: ...Khaled A. Tawansy moves the Court to compel the deposition of Cross- Defendant Franciska K. Von Andrassy and sanctions in the amount of $3,435.00. The instant motion is made pursuant to CCP §2025.010 (an inapplicable code section). Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): No – See Analysis BACKGROUND General Background According to the Co...
2022.11.18 Motion to Deem Admitted RFAs 006
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.18
Excerpt: ... of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok - At the time of service on September 1, 2022, Plaintiff's attorney was still Ronald A. Norman, and this motion was served to Ronald A. Norman. However, it appears that on September 5, 2022, Plaintiff Tracey L. Baumert decided to represent themself. This substitution of attorney was recorded with the Court on 09/15/2022. RELIEF REQUESTED¿ Defendant, Bank of...
2022.11.18 Motion to Compel IME 575
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.18
Excerpt: ...rson independent psychological examination (IME) with the defense examiner. BACKGROUND The instant case pertains to the alleged sexual abuse of a minor that occurred at Defendant's school. MOVING ARGUMENTS Moving Defendant argues that an independent mental examination should be conducted of Plaintiff because mental/emotional conditions are at issue in this case. Defendant requests Dr. Eraka Bath to conduct this mental examination. According to mo...
2022.11.18 Motion for Summary Adjudication 213
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.18
Excerpt: ...d Reply Submitted Proof of service timely filed (CRC 3.1300(c)): ok Correct Address (CCP §§ 1013, 1013(a)): ok Moving Papers: Notice of Motion for summary adjudication; memorandum of points and authorities; separate statement of undisputed material facts; declaration of Shant N. Nashalian; declaration of Stephen Samuel; Proposed Order; Statement of Evidence. Opposition Papers: Opposition; Evidentiary objections to the declarations of Stephen Sa...
2022.11.18 Motion for Judgment on the Pleadings 196
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.18
Excerpt: ...e 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Plaintiff moves pursuant to CCP §438 for entry of judgment on the pleadings per the complaint for the amount set forth in the complaint plus costs in favor of Plaintiff and against Defendant, Heros Gharibian. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and because matters in request for admis...
2022.11.18 Motion for Attorney Fees 581
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.18
Excerpt: ... and Reply submitted. Reply says the Opposition is late; however, the Court still considers the opposing papers. Moving Papers: Notice of Motion and motion for award of attorneys' fees; Dowdall Declaration; Broersma Declaration; O'Neill Declaration; Request for Judicial Notice Opposition Papers: Bradley Barnes' and Babbb LLC's opposition; Evidentiary objections to Dowdall Declaration; Share Declaration; Zepeda Declaration Reply Papers: Reply; Res...
2022.11.04 Demurrer, Motion to Strike 333
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.04
Excerpt: ...STRIKE Moving Party: Defendant, California Consortium of Addiction Programs and Professionals (“Defendant” or “CCAPP”) Responding Party: Plaintiff, Zack Diliberto Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Opposition and Reply Submitted. RELIEF REQUESTED- Demurrer Defendant demurs to all causes of action in the SAC for failure to state facts sufficient to constitute a c...
2022.11.04 Demurrer 511
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.04
Excerpt: ... to the FAC on the grounds that the FAC fails to allege facts sufficient to state a cause of action. MEET AND CONFER A party filing a demurrer “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., §430.41, subd. (a).) “The parties s...
2022.11.04 Motions to Compel Responses 006
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.04
Excerpt: ...endant, Bank of America, N.A. moves the Court for an order compelling Plaintiff, Tracey Baumert, to provide verified responses, without objections, and to produce documents in response to the requests for production propounded by Bank of America on Plaintiff, and for sanctions of $420.00. This motion is made pursuant to CCP §2023.010, et seq. and 2031.300, et seq. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Fi...
2022.11.04 Motion to Compel Arbitration 060
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.04
Excerpt: ...n (“AAA”); and (2) dismiss Plaintiff's non-individual PAGA claim. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok Moving Papers Submitted: Notice of Motion; Declaration of Rosa Martinez signed September 14, 2022; Declaration of Areen Babajanian signed on September 14, 2022; Memorandum of Points and Authorities Opposition timely submitted. Op...
2022.11.04 Motion to Quash 251
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.04
Excerpt: ...rty need not respond to or produce any of the requested documents. [The Court notes that Plaintiff appears to be referring to a subpoena allegedly served on August 12, 2022, and not August 16, 2022.] Plaintiff requests sanctions against Defendant in the amount of $540.00. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok Defendants submitted an Op...
2022.11.04 Motion to Vacate Amended Judgment 889
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.11.04
Excerpt: ... 1005(b)): ok Proper Address: ok Opposition and Reply Submitted. RELIEF REQUESTED Plaintiffs move pursuant to CCP §473(d) for an order vacating the amended judgment entered on May 23, 2022, on the ground that it is void, or in the alternative, under CCP §473(b) that it resulted from the mistake, inadvertence, surprise, or excusable neglect of Plaintiffs. BACKGROUND Plaintiffs here seek to set aside a Third Amended Request for an amended judgmen...
2022.10.07 Motions to Compel Production of Docs, Further Responses 129
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.10.07
Excerpt: ...submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED 1. Plaintiff moves for an order compelling Defendant NADAV PADEH, an individual (“Defendant”) to provide further responses to Plaintiff's Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Admission (Set One), and Requests for Production of Documents (Set One), and request tha...
2022.10.07 Motions to Compel Further Responses 300
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.10.07
Excerpt: ...submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED 1. Plaintiff moves for an order compelling Defendant NADAV PADEH, an individual (“Defendant”) to provide further responses to Plaintiff's Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Admission (Set One), and Requests for Production of Documents (Set One), and request tha...
2022.10.07 Motion to Strike 238
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.10.07
Excerpt: ...tiffs”) (Opposition and Reply Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Defendant moves to strike the First Amended Complaint on the grounds that the following language references to intentional conduct, attorneys' fees, and punitive damages lack support 1. Paragraphs 17, 19, 20, 21, and 37 of the FAC in their entirety a. ¶17 states, “By intent...
2022.09.30 Motion to Compel Further Answers 195
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.09.30
Excerpt: ...ire”) Responding Party: Plaintiff, Donara Grigoryan Opposition/Reply “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, and all reply papers at least five court days before the hearing.” (CCP §1005(b).) Here, the Opposition was submitted late. The Opposition was served by email on September 19, 2022, and nine court days before the instant hearing would have been ...
2022.09.30 Motion for Summary Adjudication 852
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.09.30
Excerpt: ...EAR INC., a Nevada corporation fka IPTV INTERNATIONAL, INC; TV PRO GEAR, INC., a Nevada corporation TENTATIVE RULING ON CROSS DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION Moving Party: Cross-Defendants, TV Pro Gear, Inc. (“TVPG”) and Andrew Maisner (“Maisner”) (Collectively Cross-Defendants) Responding Party: Cross-Complainant, Navinoga Productions Opposition and Reply Submitted Proof of service timely filed (CRC 3.1300(c)): ok Correct Add...
2022.09.16 Motion to Strike 077
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.09.16
Excerpt: ... Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Opposition and Reply Submitted RELIEF REQUESTED Defendant moves to strike the following portions of the FAC: 1. Page 2, paragraph 3, lines 4-5 (“As detailed herein, ROSALES caused significant damage to the ASSOCIATION including claims being made by owners affected by the incident”) 2. Page 3, para. 10, lines 10-20 (“ROSALES has also fail...
2022.09.16 Motion to Compel Arbitration 302
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.09.16
Excerpt: ...1-50 TENTATIVE RULING ON MOTION TO COMPEL ARBITRATION Moving Party: Plaintiff, J & A Group, LLC (“Plaintiff”) Responding Party: Defendants, BALSAMO INCOME PROPERTIES, LLC, a California limited liability company (“BIP”); SALVATORE J. BALSAMO, individually and as Trustee of the Salvatore J. Balsamo Trust dated March 22, 1994, as amended January 9, 2004 (“Balsamo”); and GOT PROPANE, INC. (“Got Propane”) (collectively “Defendants”...
2022.09.16 Demurrer 275
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.09.16
Excerpt: ... Per the 8-11-2022 Minute Order: Proof of Service Timely Filed (CRC Rule 3.1300): 16/21 Court Days Lapsed (CCP 1005(b)): Proper Address: Oppo submitted but no Reply submitted RELIEF REQUESTED Defendant demurrers to all causes of action in the Verified First Amended Complaint for failure to state facts sufficient to constitute a cause of action. MEET AND CONFER A party filing a demurrer “shall meet and confer in person or by telephone with the p...
2022.09.01 Motion for Leave to File TAC 932
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.09.01
Excerpt: ...ed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply Submitted RELIEF REQUESTED Plaintiffs move for an order granting Plaintiffs leave to amend the operative Second Amended Complaint (“SAC”) and to file the attached Third Amended Complaint (“TAC”). BACKGROUND ACCORDING TO PLAINTIFFS' MOVING PAPERS Plaintiffs' house sits on a hillside above the house of their downslope neighbors, defendant...
2022.08.19 Motion to Compel Further Responses 166
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.08.19
Excerpt: ...EF REQUESTED Plaintiff moves for an order striking Defendant's objections and compelling further responses to Plaintiff's Request for Production of Documents, Set One Nos. 7, 10, 16, 18-19, 21, 36, and 38. Plaintiff's motion is made pursuant to CCP §2031.310 on the grounds that Defendant has failed to provide adequate responses to Plaintiff's requests, which seek documents directly relevant to her claims under the Song-Beverly Consumer Warranty ...
2022.08.12 Demurrer to Answer 251
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.08.12
Excerpt: ...endants Joy Santos and Mel Caoili at 432 Riverside Dr., Glendale, CA 91204. On eCourt, both Defendants are listed with an address of 432 Riverdale Drive, Glendale, CA 91204. RELIEF REQUESTED Plaintiff, Sanda Oswald, demurs to the 1 st, 2 nd, 3 rd, 4 th, 5 th, 6 th, 7 th, 8 th, 9 th, 10 th, 11 th, 12 th, 13 th, 14 th, and 15 th affirmative defenses in Defendant's answer on grounds of failure to state facts sufficient to constitute a defense and al...
2022.07.29 Motions to Quash 057
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.29
Excerpt: ...ys Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply Submitted (Opposition and Reply are both late but the Court in its discretion considers them both.) RELIEF REQUESTED Motion 1 – Defendants, Nick Halekakis and Megan Lorick, move for an order to quash/limit Plaintiffs' subpoena duces tecum to Lighthouse Funding Group for production of documents related to Defendants' mortgage and income information. The motion is made on the grounds t...
2022.07.29 Motion to Compel Arbitration 925
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.29
Excerpt: ...(CCP 1005(b)): No, the instant motion was untimely. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing… and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days.” ...
2022.07.15 Motion to Compel Depositions 575
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.15
Excerpt: ...ntiff moves for an order compelling the depositions of 4 current employees of Defendant and 1 retired, former employee of Defendant (Kristina Arsenyan, Rosanne Ilarde, Beatriz Bautista, Christine Karg, and John Gonzalez) pursuant to CCP §2025.450. Plaintiff requests the Court impose a monetary sanction of $3,085.00 against Defendant and or its attorney of record, Nancy Doumanian, jointly and severally, pursuant to CCP §2025.450(g)(1). BACKGROUN...
2022.07.15 Demurrer 925
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.15
Excerpt: ...s on file for Plaintiff's counsel. Therefore, service seems to have been executed properly. However, it is noted that the mailing address that Defendant's counsel lists on the Service List for Plaintiff's counsel is 3600 Wilshire Boulevard, Suite 1500, Los Angeles, CA 90010; whereas the mailing address that the Court has on file for Plaintiff's counsel is: 3600 Wilshire Blvd, Suite 1510, Los Angeles, CA 90010 . No Opposition submitted. Moving Par...
2022.07.08 Motions to Compel Responses 129
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.08
Excerpt: ...ce of non-opposition for each of the four instant motions. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300):ok Correct Address (CCP §1013, §1013a): Potential problem – each of the instant motions were served by email to “[email protected]” however on eCourt, Defense counsel is listed with an email address of “[email protected]” This Notice/service issue will be addresse...
2022.07.01 Motion to Set Aside or Vacate Default Judgment 168
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.01
Excerpt: ...ns Inc., Netpay Plus+ Inc., and Barbara Orem Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply submitted RELIEF REQUESTED¿¿¿ Plaintiff moves for orders pursuant to CCP §128, 473, 473.1, 473.5, 475, 1008 for the following statutory and equitable relief: 1. An Order setting aside and vacating the November 6, 2020, Costs Judgement in the amount of $27,635.55. 2. An ...
2022.07.01 Motion for Summary Judgment 555
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.01
Excerpt: ...e same basis as a motion under Section 437c.” (CCP §1170.7.) The instant motion was served by email on June 23, 2022, and the hearing is set for July 1, 2022. Thus, this motion is timely. RELIEF REQUESTED Defendant moves for an order granting summary judgment in favor of Defendant, or alternatively, summary adjudication of Plaintiff's causes of action. BACKGROUND Plaintiff Arsen Mkerchyan filed an unlawful detainer cause of action against the ...
2022.07.01 Motion for Leave to Amend 119
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.07.01
Excerpt: ...ted RELIEF REQUESTED¿ Plaintiff, Hyundai of Glendale LLC, moves for an order granting Plaintiff leave to amend its original Complaint for Damages to allege additional causes of action. Plaintiff moves under CCP §473 and 576 et seq. Plaintiff requests an order that the attached proposed FAC be deemed the amended and operative pleading, and that it be deemed filed and served as of the date of the motion is granted. BACKGROUND On March 9, 2022, Pl...

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