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2023.11.22 Demurrer to FAC 267
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.22
Excerpt: ...er, Alisa Miller, Doris Schneider, and Rosario Hurley are the named Defendants. The FAC alleges the following causes of action against Defendant SRF: physical elder abuse, financial elder abuse, conversion, violation of Penal Code section 496, battery, intentional infliction of emotional distress, negligence, and declaratory judgment. On July 24, 2023, Defendant SRF filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defe...
2023.11.17 Motion for Protective Order, for Sanctions 652
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.17
Excerpt: ...sidential Management, LLC, and Equity Residential Services, LLC (Defendants). On April 13, 2023, Defendants served Plaintiffs with a second set of requests for production of documents (RFPs). On May 16, 2023, Defendants served Plaintiffs with a third set of RFPs. On July 5, 2023. Plaintiffs filed this motion for a protective order for the May 16 RFPs. DISCUSSION Plaintiffs argue that good cause supports their proposed protective order because the...
2023.11.17 Demurrer 913
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.17
Excerpt: ...rnia, Lucy Avetisyan, and Michael Beck (UCLA Defendants). The complaint alleges causes of action for violation of California Whistleblower Retaliation Act and retaliation in violation of Labor Code section 1102.5. On May 9, 2023, Deloitte Defendants filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially notic...
2023.11.15 Demurrer 163
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.15
Excerpt: ...Dang, LLC (Dang), in addition to others. The FAC alleges breach of contract and tortious interference. On February 28, 2023, Dang answered the FAC. On July 11, 2023, Dang filed a cross-complaint against Anabi and others. The cross- complaint includes a cause of action for declaratory relief. On August 3, 2023, Anabi filed a demurrer to the cross-complaint. Anabi seeks dismissal of Dang's cause of action for declaratory relief. LEGAL STANDARD A de...
2023.11.14 Motion to Compel Further Responses, for Sanctions 874
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.14
Excerpt: ... Liberty Global, LLC (Defendant) and others. In the complaint, Plaintiff alleges the following causes of action: discrimination; harassment; failure to prevent discrimination, harassment, and retaliation; failure to engage in a good faith interactive process; failure to provide reasonable accommodations; negligent supervision and retention; assault; retaliation; wrongful termination in violation of public policy; and declaratory judgment. On Janu...
2023.11.08 Motion to Compel Arbitration 055
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.08
Excerpt: ... failure to accommodate, failure to engage in the interactive process, retaliation, and failure to prevent discrimination and retaliation. On July 24, 2023, Defendants filed this motion to compel arbitration. DISCUSSION The parties dispute whether an arbitration agreement is in place between them. Plaintiff argues she never saw or electronically signed such an agreement. If an employee cannot recall signing an arbitration agreement, the employer ...
2023.11.07 Motion for Protective Order, for Sanctions 163
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.07
Excerpt: ... (Defendant), Huy Quoc Dang (Defendant Dang), and others. On October 20, 2022, Defendant Dang propounded Special Interrogatories on Plaintiff. On June 6, 2023, Defendant propounded Special Interrogatories on Plaintiff. On July 5, 2023, Plaintiff filed this motion for a protective order. DISCUSSION With this motion, Plaintiff seeks a protective order. Under Code of Civil Procedure section 2019.030, subdivision (a), the court may restrict discovery...
2023.11.03 Demurrer 029
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.03
Excerpt: ... elder abuse (neglect), negligence, violation of resident's bill of rights, elder abuse (financial), and wrongful death. On April 5, 2023, Defendant filed this demurrer for the first and fourth causes of action. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.)...
2023.11.02 Motion for Summary Judgment 515
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.02
Excerpt: ... complaint, Plaintiff alleges medical negligence and lack of informed consent against Defendant. On April 25, 2023, Defendant filed this motion for summary judgment. LEGAL STANDARD “¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.¿” (¿¿Code Civ. Proc., § 437c, subd. (c)¿¿.) The...
2023.11.01 Motion to Strike FAC 637
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.01
Excerpt: .... On July 20, 2023, Plaintiff filed a first amended complaint (FAC). The FAC alleges the following causes of action: breach of fiduciary duty, constructive fraud, fraudulent concealment, conspiracy, intentional misrepresentation, accounting and constructive trust, partition and accounting, and dissolution. On September 20, 2023, Defendants filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, fals...
2023.11.01 Demurrer 761
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.01
Excerpt: ...only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.¿” (¿¿C.A. v. William S. Hart Union High ...
2023.10.31 Motion to Compel Further Responses, for Relief from Waiver 062
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.31
Excerpt: ...iled a complaint against Defendant General Motors, LLC (Defendant). The complaint alleges various violations of the Civil Code. On January 27, 2023, Plaintiff propounded discovery on Defendant, including the Special Interrogatories at issue. On March 16, 2023, Defendant served untimely responses. On May 2, 2023, Defendant filed this motion to compel further responses to Special Interrogatory Nos. 24 and 25. LEGAL STANDARD ¿¿A propounding party ...
2023.10.31 Motion to Quash or Modify Deposition Subpoena for Business Records 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.31
Excerpt: ...eges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 22, 2022, Defendant issued a subpoena to Third-Party Adventist Health White Memorial (Third-Party Adventist). On January 3, 2023, Plaintiff filed this motion to quash or modify the subpoena. LEGAL STANDARD Code of Civil P...
2023.10.30 Motion for Additional Time to Complete Deposition 395
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.30
Excerpt: ...n arises from a dispute over shoes. On August 10, 2020, Plaintiffs Jackson Stoops and Guiding Hands Social Club, LLC (Plaintiffs) filed a complaint against Defendant Stephen Wei-Liang Leng (Defendant Leng) and others. On June 23, 2021, Plaintiffs filed a second amended complaint. On September 15, 2021, Plaintiffs filed a third amended complaint. In the operative complaint, Plaintiffs alleged breach of contract, “money had and received,” unjus...
2023.10.27 Motion to Compel Further Responses 024
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.27
Excerpt: ... complaint against Defendant Los Angeles County department of Public Social Services (Defendant). The complaint alleges disability discrimination, harassment based on disability, retaliation, failure to engage in the interactive process, failure to provide reasonable accommodation, and failure to prevent discrimination. On January 12, 2023, Plaintiff propounded requests for production of documents (RFPs) on Defendant. After multiple extensions, D...
2023.10.27 Demurrer 169
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.27
Excerpt: ...missal of the elder abuse claim. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's p...
2023.10.26 Motion to Quash or Limit Deposition Subpoena for Production of Business Records, for Sanctions 682
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.26
Excerpt: ...aura Thomas, Robert Tafoya, Manuel Lozano, Michael Taylor, Benjamin Martinez (Defendants). On September 18, 2020, Plaintiff filed a first amended complaint. On February 23, 2022, Plaintiff filed a second amended complaint (SAC). On December 29, 2022, Plaintiff filed this motion to quash or limit Defendants' deposition subpoenas issued to Third-Parties Kaiser Permanente and Octave Behavioral Health. LEGAL STANDARD Code of Civil Procedure section 1...
2023.10.26 Motion to Compel Responses, for Sanctions 615
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.26
Excerpt: ... court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over foreclosed real property. On September 28, 2022, Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. The complaint alleges one cause of action for identity theft. On July 10, 2023, Defendant served Plaintiff with special interrogatories. Plaintiff never responded. On August 24, 2...
2023.10.25 Motion to Compel Responses, for Sanctions 615
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.25
Excerpt: ...urt days […] before the hearing.”].) BACKGROUND This action arises from a dispute over foreclosed real property. On September 28, 2022, Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. The complaint alleges one cause of action for identity theft. On July 10, 2023, Defendant served Plaintiff with form interrogatories. Plaintiff never responded. On August 24, 2023, D...
2023.10.19 Motion to Compel Deposition, for Sanctions 611
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.19
Excerpt: ...ises from a dispute over alleged physical and defamatory attacks. On November 13, 2020, Plaintiff filed a complaint against Defendant. On March 18, 2021, Plaintiff noticed the deposition of Defendant to take place on May 3, 2021. On April 20, 2021, the parties agreed to a discovery extension and vacated the deposition date. Plaintiff noticed another deposition of Defendant set for May 19, 2021. Defendant objected on the grounds that the depositio...
2023.10.18 Motion to Compel Further Responses 515
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.18
Excerpt: ...ACKGROUND This action arises from a dispute over alleged medical malpractice. On January 13, 2020, Plaintiff Otis Vann, Jr. (Plaintiff) filed a complaint against Defendant Jamie L. Taylor (Defendant) and others. On October 18, 2021, Defendant served Plaintiff with special interrogatories. On March 21, 2022, Plaintiff served Defendant with responses to the special interrogatories. Defendant was dissatisfied with Plaintiff's responses. On August 9,...
2023.10.18 Demurrer 239
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.18
Excerpt: ...fendant) and Anthem Blue Cross Life and Health Insurance Company (Anthem). On January 17, 2020, Plaintiff filed a first amended complaint (FAC). With leave of the court, Plaintiff filed a second amended complaint (SAC) on May 5, 2023. In the SAC, Plaintiff alleges (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) intentional misrepresentation, (5) negligent misrepresentation, ...
2023.10.17 Motion to Compel Responses, for Sanctions 960
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.17
Excerpt: ... party at least nine court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over alleged embezzlement. On December 8, 2020, Dahada Service America, Inc. (Dahada) filed a complaint against Min Chul Jeon and others. In the complaint, Dahada alleged breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, conversion, fraudulent transfer, “unjust enrichment,” constructive fraud, various RICO viola...
2023.10.17 Motion to Compel Further Responses 515
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.17
Excerpt: ...GROUND This action arises from a dispute over alleged medical malpractice. On January 13, 2020, Plaintiff Otis Vann, Jr. (Plaintiff) filed a complaint against Defendant Jamie L. Taylor (Defendant) and others. On October 18, 2021, Defendant served Plaintiff with form interrogatories. On March 21, 2022, Plaintiff served Defendant with responses to the form interrogatories. Defendant was dissatisfied with Plaintiff's responses. On August 9, 2022, Pl...
2023.10.17 Motion to Amend Judgment 957
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.17
Excerpt: ...a complaint against Smile World, Inc., Jin Young Kim, STK Enterprises, Inc., and JK Beauty Group., Inc. (JK Beauty). On October 16, 2020, the court entered judgment under which JK Beauty, Jin Young Kim, and others are judgment debtors. On September 18, 2023, Plaintiff filed this motion to amend the judgment. LEGAL STANDARD “When jurisdiction is . . . conferred on a Court . . . all the means necessary to carry it into effect are also given; and ...

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