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2024.03.06 Special Motion to Strike 983
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.03.06
Excerpt: ...e. FACTUAL BACKGROUND This is an action for defamation and malicious prosecution. Plaintiff alleges that on October 2, 2023, Defendant reported to law enforcement that Plaintiff engaged in harassing and criminal behavior. Defendant reported that Plaintiff confronted him, stoppi ng and clenching both fists as if preparing to fight. Plaintiff alleges that this statement was false, and that Defendant knew the statement was false at the time he made ...
2024.03.06 Demurrer 347
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.03.06
Excerpt: ...ss expenses; (8) retaliation in violation of Labor Code section 1102.5; (10) failure to pay wages due upon separation. 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 caus...
2024.03.01 Request for Entry of Default Judgment 351
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.03.01
Excerpt: ...nt for March 15, 2024 at 8:30 a.m. Plaintiff to provide notice. DISCUSSION Plaintiff seeks default judgment in the amount set forth below. Demand of the Complaint $100,000 Costs $642.93 Total $100,642.93 Facts This is an action for breach of contract and negligence. Plaintiff alleges that he entered into a written contract with Defendant Javier Navarro to remodel Plaintiff's pool. Plaintiff entered into an oral contract with Defendant Roberto Mar...
2024.03.01 OSC Re Dismissal for Failure to Enter Default Judgment 508
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.03.01
Excerpt: ...257.92 Attorney Fees $7,500 Costs $1,133.52 Total $154,849.56 Facts This is an action for violations of the Labor Code and the FEHA, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendant failed to pay him his hourly wage and failed to permit statutory breaks. When Plainti ff complained, Defendant's employees retaliated by assigning him less favorable shifts. 12/20/2022 Default Entered 12/20/2023...
2024.03.01 Motion for Terminating Sanctions, to Set Aside Default 195
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.03.01
Excerpt: ...inants' request for monetary sanctions is GRANTED. Sanctions in the amount of $2,596 are payable within 10 days after the date of this order. Cross-Defendant Alfonso Guerrero's motion to set aside default is GRANTED. Cross-Defendant Alfonso Guerrero must separately file his answer to the cross -complaint on or before March 5, 2024 and must immediately serve all parties. Moving parties to provide notice. FACTUAL BACKGROUND This is an action for br...
2024.02.29 Motion to Set Aside Default Judgment 103
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.29
Excerpt: ...TED as modified below. Plaintiff is to file a revised JUD-100 within five days after the date of this order. The Court sets a nonappearance review date for March 21, 2024 at 8:30 a.m. Moving party to provide notice. FACTUAL BACKGROUND This is an action for recovery of COVID -19 rental debt arising from a lease Plaintiff entered into with assignor Main SB, LLC in July 2019. Main SB, LLC assigned the debt to 1200 Management, LLC. Plaintiff 1200 Man...
2024.02.23 Motion to Compel Disclosure of Personnel Records 547
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.23
Excerpt: ...h a court reporter present. There also must be a protective order filed. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA. Plaintiff Ryon Stewart alleges that he was employed as a police officer with the Los Angeles Police Department. During his employment, he contends that he was subject to discrimination and harassment due to his race and age. Plaintiff alleges other officers subjected him to diffe...
2024.02.22 Demurrer 372
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.22
Excerpt: ...to every affirmative defense but the first affirmative defense with leave to amend within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for legal malpractice. The Complaint alleges as follows. Plaintiff Kevin Voong (“Plaintiff”) retained the services of defendants Dawn M. Coulson, Esq. (�...
2024.02.21 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.21
Excerpt: ...of California is DENIED as moot. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. Plaintiff is an active member of the California State Bar who retired from the practice of law in 2022. (Compl., ¶¶7- 8.) Plaintiff serves as an arbitrator and mediator in California and intends to continue his work. (Id.)...
2024.02.16 OSC Re Dismissal for Failure to Request Entry of Default Judgment 967
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.16
Excerpt: ...led five co urt days in advance of today's hearing as ordered on November 29, 2023. The Court is setting aside the defaults entered against Defendants Hector Velasco and Gbolabo Folayan as void for failure to serve these Defendants with a statement of damages prior to the entry of default. At the hearing, the Court will set another OSC date. DISCUSSION Plaintiffs seek damages as follows. Damages $376,488 Attorney Fees $5,654.88 Total $382,142.88 ...
2024.02.16 Motion to File Records Under Seal 903
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.16
Excerpt: ...ter the date of this order. FACTUAL BACKGROUND This is a petition to confirm arbitration award arising from a share purchase agreement the parties entered into on April 20, 2022. On September 5, 2023, an independent referee issued an arbitral award in favor of Plaintiff, awarding Plaintiff $2,331,015. PROCEDURAL HISTORY On October 20, 2023, Petitioner LG H&H Co., Ltd. filed its petition to confirm arbitration award against Respondents Insil and S...
2024.02.15 Demurrer 794
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.15
Excerpt: ... Corporation with leave to amend and OVERRULES as to Defendant Weingarten Nostat, Inc. The Court OVERRULES the demurrer as to the Second Cause of Action. The Court SUSTAINS the demurrer to the Third Cause of Action as to Defendant Kimco with leave to amend and OVERRULES the demurrer as to Defendant Weingarten. The Court SUSTAINS the demurrer to the Fourth Cause of Action with leave to amend. The Court SUSTAINS the demurrer to the Fifth Cause of A...
2024.02.09 Motion to Compel Responses 663
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.09
Excerpt: ...D TO COMPEL THE DEPOSITION OF DEFENDANT IERVOLINO The motions to compel responses to form interrogatories, special interrogatories, and requests for production of documents all set one are GRANTED. Defendant is ordered to serve further verified responses without objections within 20 days after the date of this order. Responsive documents must also be served within 20 days after the date of this order. Sanctions in the amount of $3,390 are imposed...
2024.02.09 Motion to Compel Arbitration 921
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.09
Excerpt: ...' Motion to Compel Arbitration is GRANTED. The case is stayed pending arbitration. The Court sets a Status Conference Re: Arbitration for December 5, 2024 at 8:30 a.m. Defendants to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL & PROCEDURAL BACKGROUND This action was commenced by attorney Jonathan Roven (Plaintiff) who filed a Complaint on November 2, 2023 alleging three ca...
2024.02.08 Motion to Compel Further Responses 958
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.08
Excerpt: ...Further Responses to Request for Production of Documents (Set One) and Request for Monetary Sanctions is DENIED for failure to meet and confer and for failure to demonstrate good cause for production. Plaintiff's Counsel of Record is ordered to pay sanctions in the amount of $2,940. Sanctions are payable within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days a...
2024.02.08 Motion for Summary Judgment 113
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.08
Excerpt: ...s GRANTED as to the following Defendants: (1) Automatic Data Processing, Inc., (2) Auto Data Processing, Inc. and (3) ADP Payroll Services, Inc. Moving parties to file and serve a proposed judgment within five days after the date of this order. The Court sets a nonappearance review date re: the proposed judgment for February 29, 2024 at 8:30 a.m. The motion for summary judgment/summary adjudication is DENIED as to the causes of action against the...
2024.02.08 Application for Renewal of Judgment Nun Pro Tunc 355
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.08
Excerpt: ...tiff/Judgment Creditor DR Group LLC fka Rosenthal & Company LLC's Motion for Order Directing Court Clerk to File Application for Renewal of Judgment Nunc Pro Tunc as of December 14, 2023 is GRANTED. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND Plaintiff is the duly court-appointed settlement administrator in that certain civil class action pendin...
2024.02.07 Motions for Summary Judgment, Adjudication 940
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.07
Excerpt: ...on Gray, (6) Branden Hamada, (7) Clifford Herrera, (8) Sally Moctezuma, (9)Donyann Morgan, (10) Cheron Bertee, (11) Melanie Guevara, and (12) Timothy Chavez. Defendant's motion for summary judgment is GRANTED with respect to Plaintiff Shaun Luciano. Moving party to file and serve a proposed judgment against all Plaintiffs, including those against whom summary judgment was granted earlier, within 10 days after the date of this order. The Court set...
2024.02.07 Motion to Compel Compliance with Deposition Subpoena 273
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.07
Excerpt: ...ithin five court days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five days after the date of this order. FACTUAL BACKGROUND This is an action for defamation, false light, and intentional infliction of emotional distress. Plaintiff alleges that he was enrolled in the Stella Adler Studio of Acting in January 2021. A mutual friend introduced Plaintiff to Defendant Romich in Septemb...
2024.02.07 Motion for Summary Judgment 693
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.07
Excerpt: ...date for the proposed judgment is set for February 29, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for violation of the Unruh Civil Rights Act. Plaintiff alleges that he is a visually and legally blind person who was unable to access Defendant Greiner's Clothing's website because it lacked alt-text or text equ...
2024.02.06 Demurrer 575
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.06
Excerpt: ...a judgment of dismissal. The Court sets a nonappearance review date of February 26, 2023 at 8:30 a.m. to review the proposed judgment of dismissal. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract, negligence, fraud, and common counts. Plaintiff alleges that Defendant Network Capital Funding (“Network”) misrepresente...
2024.02.02 Motion to Compel Arbitration 476
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.02
Excerpt: ...efendant Jesus Mendoza Trujillo (served 11/1/23); (2) Defendant Edward James Edwards III (named); and (3) Defendant Mid- Cities Engineering, Inc. Movants' motion to stay is GRANTED. All further proceedings are stayed pending arbitration. The Court sets a status conference re: progress of arbitration for December 4, 2023 at 8:30 a.m. Moving parties to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is an action ...
2024.02.02 Motion for Summary Judgment 440
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.02
Excerpt: ...lly and dba El Campesino Restaurant & Bar); (2) Department of Tax and Fee Administration, California; (3) County of Merced, Tax Collector; and (4) California Employment Development Department. Defendant Juan Carlos Murillo is ordered to file and serve a proposed judgment with respect to these four defendants within 10 days after the date of this order. The Court sets a nonappearance date for review of proposed judgment on February 28, 2024 at 8:3...
2024.01.30 Motion for Summary Adjudication 468
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.01.30
Excerpt: ...date of this order. FACTUAL BACKGROUND This is an action for breach of implied warranty of habitability, breach of covenant of quiet use and enjoyment, negligence, and premises liability. Plaintiff alleges that he leased a property from Defendant located at 8420 South Avalon Blvd., Los Angeles, CA 90003. (Compl., ¶1.) On July 7, 2022, an electrical fire caused by an air conditioner started by the front door inside the property while Plaintiff wa...
2024.01.30 Demurrer to SAC 404
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.01.30
Excerpt: ...If Plaintiff wishes to file a Third Amended Complaint addressing the issues in this demurrer as well as the issues raised in the demurrer that was sustained on October 17, 2023, Plaintiff must do so on or before March 15, 2024. Defendants are ordered to file answers or other responsive pleadings within 20 days after service of the Third Amended Complaint. The Post Mediation/General Status Conference is advanced from 2/1/2024 at 8:30 a.m. and cont...

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