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2023.10.11 Motion to Strike 740
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.11
Excerpt: ... and others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, fa...
2023.10.11 Motion to File Under Seal 273
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.11
Excerpt: ...ummary judgment with exhibits that included documents subject to the protective order. On September 18, 2023, Defendants filed this motion to seal documents. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, ...
2023.10.11 Demurrer 238
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.11
Excerpt: ...) failure to pay overtime wages, (4) meal break violations, (5) rest period violations, (6) waiting time penalties, (7) failure to provide itemized wage statements, (8) damages for fraud and deceit, (9) unlawful business practices, (10) declaratory relief, (11) breach of oral contract, (12) quantum meruit/implied-in-fact contract, (13) fraud and deceit, (14) intentional infliction of emotional distress, and (15) negligent infliction of emotional ...
2023.10.09 Motion to Compel Responses, for Sanctions 857
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.09
Excerpt: ...dant), Co-Defendant Ira Emus (Co-Defendant), and others. On June 15, 2023, Plaintiff served Defendant with requests for production (set two) (RFPs). That day, Plaintiff also served Co-Defendant with RFPs. On July 28, 2023, Defendant and Co-Defendant served Plaintiff with unverified, joint responses to the RFPs in a single document. On September 5, 2023, Plaintiff filed this motion to compel responses from Defendant to the RFPs and request for san...
2023.10.06 Motion to Tax Costs 442
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.06
Excerpt: ... the court entered a notice of entry of judgment. Defendants were the prevailing party. On July 27, 2023, Defendants filed a memorandum of costs. On August 16, 2023, Plaintiff filed this motion to tax costs. LEGAL STANDARD A prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right, except as otherwise expressly provided by statute. (¿¿See Code Civ. Proc., §§ 1032, subd. (a)(4), 1032, subd. (b), 1033.5¿¿...
2023.10.06 Motion for Protective Order 682
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.06
Excerpt: ... from an employment dispute. On May 8, 2020, Plaintiff Suzanne Ruelas (Plaintiff) filed a complaint against Defendants City of Baldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Manuel Lozano, Michale Taylor an Benjamin Martinez (Defendants). The complaint also named Robert Tafoya (Tafoya) as a Defendant. On January 20, 2022, Plaintiff dismissed Tafoya from this action. On July 31, 2023, Plaintiff filed this motion for a protective order pre...
2023.10.06 Demurrer 254
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.06
Excerpt: ... November 30, 2022, Plaintiff Paul William Pilger (Plaintiff) filed a complaint against Defendants Monica Potter, Sabrina Coryell, and Kevin Dwight (Defendants). The complaint alleges intentional and/or negligent interference with prospective economic advantage. On March 23, 2023, 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 out...
2023.10.05 Motion to Dismiss or Abate Action 102
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.05
Excerpt: ...ed a complaint against Yeo Bai Lee (Lee) and Julia Lee. The complaint alleges the following causes of action: conversion; embezzlement; aiding and abetting embezzlement; breach of fiduciary duty; aiding and abetting breach of fiduciary duty; receipt of stolen property; and unjust enrichment. On August 7, 2023, Lee filed this motion to dismiss or abate this action. LEGAL STANDARD When parties file suits against each other in different courts, and ...
2023.10.04 Motion to Compel Further Responses 324
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.04
Excerpt: ... (Defendant). The complaint alleges breach of implied warranty of merchantability and breach of express warranty under the Song-Beverly Act. On April 25, 2023, Plaintiff propounded on Defendant requests for production of documents (RFPs). On May 1, 2023, Defendant served Plaintiff with responses. Plaintiff was dissatisfied with Defendant's responses and the parties met and conferred multiple times. On July 21, 2023, Defendant served further respo...
2023.10.04 Motion to Compel Arbitration 405
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.04
Excerpt: ...r's ruling of his individual PAGA claims and non-PAGA claims. BACKGROUND This action arises from an employment dispute. On June 6, 2022, Plaintiff Ricardo Torres (Plaintiff) filed a complaint against Lancaster Hospital Corporation (Defendant). The complaint alleges the following causes of action: failure to compensate for all hours worked; failure to pay minimum wages; failure to pay overtime; failure to provide accurate itemized wage statements;...
2023.09.29 Motion for Leave to File FAC 001
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.29
Excerpt: ...ion arises from an employment dispute. On December 30, 2022, Plaintiff Phillip Ri (Plaintiff) filed a complaint against Defendant City of Los Angeles (Defendant). The complaint alleges the following causes of action: disability harassment; disability discrimination; retaliation in violation of FEHA; and failure to prevent harassment, discrimination, and retaliation. On August 8, 2023, Plaintiff filed this motion for leave to file a first amended ...
2023.09.27 Motion to Compel Arbitration 498
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.27
Excerpt: ...fendant). In their complaint, Plaintiffs allege various violations of the Labor Code. On June 9, 2023, Defendant filed this motion to compel arbitration. DISCUSSION The parties dispute the extent to which the arbitration agreement's Private Attorneys General Act (PAGA) waiver is enforceable. The agreement provides as follows: “By signing this agreement, you waive your right to commence, or be a party to, any class, representative, or collective...
2023.09.26 Motion to Strike 740
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.26
Excerpt: ... others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, false ...
2023.09.19 Motion for Leave to File Complaint 549
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.19
Excerpt: ...n for strict liability and negligence. On May 21, 2020, the successor in interest of Mark D. Croce and his surviving children (Croce Plaintiffs) filed a complaint against Defendant. The complaint alleges strict product liability, breach of warranties, and negligence. On July 24, 2020, the court found these cases related. On October 27, 2022, the Capriotto Plaintiffs filed a first amended complaint, as did the Croce Plaintiffs. On November 22, 202...
2023.09.19 Motion for Leave to Amend Complaint 914
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.19
Excerpt: ...ss warranty, breach of implied warranty of non- infringement, intentional misrepresentation, and indemnity. On August 23, 2023, Plaintiff filed a motion for leave to amend the complaint to add a cause of action for theft arising from the same underlying transaction as the existing causes of action. Trial is set for November 27, 2023. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance o...
2023.09.19 Motion for Determination of Good Faith Settlement or to Enforce Terms of Settlement 325
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.19
Excerpt: ...This action arises from a contractual dispute. On June 23, 2021, Plaintiff LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant Mistry Engineering) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.” On February 28, 2022, Defendant Mistry Engineering filed a cross-complaint against the following: Windsor Consulting Services Group...
2023.09.15 Motion for Attorney Fees 960
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.15
Excerpt: ...33.420 to recover the attorney's fees and costs it incurred in needing to prove matters that Plaintiff purportedly wrongfully denied in response to the RFAs. Section 2033.420 states in pertinent part, “If a party fails to admit . . . the truth of any matter . . . and if the party requesting that admission thereafter proves . . . the truth of that matter, the party requesting the admission may move the court for an order requiring the party to w...
2023.09.12 Motion for Leave to File SACC 163
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.12
Excerpt: ...ty. Unbeknownst to Defendants, Plaintiff filed a first amended complaint on October 6, 2022. On October 18, 2022, Defendants filed a first amended cross-complaint based on Plaintiff's original complaint. On November 18, 2022, Defendants filed this motion for leave to file a second amended cross-complaint. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms a...
2023.09.07 Motion for Summary Judgment, Adjudication 648
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.07
Excerpt: ... Plaintiff filed a first amended complaint. In the complaint, Plaintiff alleged causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. On March 17, 2023, Plaintiff filed this motion for summary judgment or, in the alternative, summary adjudication. 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 materi...
2023.09.06 Motion to Enforce Settlement 269
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.06
Excerpt: ...irez (Plaintiff) filed a complaint against Defendants Inspired Dining Group, Inc. and Randy Doten (Defendants). In the complaint, Plaintiff alleged the following causes of action: failure to pay overtime wages, failure to pay minimum wages, failure to provide meal periods, wage statement violations, failure to pay due wages at termination, violations of the Labor Code, and violation of Business and Professions Code section 17200, et seq. On Decem...
2023.08.31 Motion to Compel Responses, for Sanctions 960
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.31
Excerpt: ... 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 violations, and declarato...
2023.08.31 Motion for Summary Judgment, Adjudication 652
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.31
Excerpt: ...ively “Equity”). In the complaint, Fox and others allege negligence, negligence per se, and various violations of Los Angeles County ordinances. On July 2, 2021, Equity filed a cross-complaint against Fox and others. In the cross- complaint, Equity's first cause of action for breach of contract applies to Joyce Eisman alone. Equity's following causes of action apply to Fox and others: (2) equitable indemnity, (3) implied indemnity, and (4) de...
2023.08.30 Motion to Compel Arbitration 870
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.30
Excerpt: ...he following causes of action: discrimination; harassment; retaliation; failure to prevent discrimination, harassment, and retaliation; declaratory judgment; wrongful termination in violation of public policy; failure to pay wages; failure to provide meal and rest periods; failure to provide wage and hour statements; waiting time penalties; and unfair competition. On February 16, 2023, Defendants filed this motion to compel arbitration. DISCUSSIO...
2023.08.24 Motion to Enforce Settlement 314
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.24
Excerpt: ...062 – which had been dismissed in July 2014. Three years later in 2018, Plaintiff filed against Defendant a second lawsuit which is the lawsuit pending before this court. In November 2022, Plaintiff moved to enforce in this second lawsuit the first lawsuit's purported settlement agreement. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...
2023.08.24 Motion to Compel Deposition, for Sanctions 611
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.24
Excerpt: ... grants the motion to compel deposition and request for sanctions because Defendant Jorge Rodriguez (Defendant) has not cooperated with Plaintiff Carlos Montes (Plaintiff) in scheduling a deposition. BACKGROUND This action arises 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, 2...

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