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2024.05.16 Motion to Compel Further Responses 123
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ... to give Notice. This motor vehicle action was filed by Plaintiff RAUL HEREDIA (“Plaintiff”) against Defendants ACCESS SERVICES; CALIFORNIA TRANSIT, INC; LOS ANGELES COUNTY; MYNOR RUBEN HERNANDEZ; and MELISSA ELAINE DOOLITTE (collectively “Defendants”) on October 27, 2022. Plaintiff alleges that “[o]n or about December 15, 2021, PLAINTIFF, a legally blind and disabled person, contacted Defendant ACCESS SERVICES… for transportation ser...
2024.05.16 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful/retaliatory eviction could have/should have be en raised in an earlier filed and litigated unlawful detainer action. In Opposition, Plaintiff argues that her claim ...
2024.05.16 Demurrer, Motion to Strike 241
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...ividually and as representative of the Estate of Daniel Gonzales. On September 25, 2024, the operative Third Amended Complaint (“TAC”) was filed. Plaintiff's TAC asserts the following causes of action: (1) Professional Negligence; (2) Violation of Elder and Dependent Adult Civil Protection Act; and (3) Wrongful Death Defendant BARLOW RESPIRATORY HOSPITAL (“Barlow”) specially and generally demurs to Plaintiff's second cause of action for e...
2024.05.16 Application to Set Aside Arbitration Order 236
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...rt notes that neither party moves to lift the arbitration stay so that this Application may be heard. This wrongful termination action was filed by Plaintiff YANFEI TIAN (“Plaintiff”) on November 7, 2022. On September 12, 2023, this Court GRANTED Defendants Weee! Inc., Liu, and Yan's unopposed petition to compel arbitration, and this matter was ordered STA YED pending arbitration. Consequently, there is a jurisdictional issue as to whether th...
2024.05.16 Motion for Summary Judgment 493
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.16
Excerpt: ...aintiffs' 2019 Mercedes Benz E -Class Vehicle. (See Complaint §§14 and 26 -29.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty (against Defendant Mercedes -Benz USA, LLC only); and (2) Negligent Repair (against Fletcher Jones only) Fletcher Jones moves for summary judgment, arguing that “FJMC cannot be held liable for negligence as it did not owe any tort duty to...
2024.05.15 Motion to Compel Further Responses 820
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...ment Creditor's Motion to Compel Further Responses to Special Interrogatories (Set One) is GRANTED . Judgment Debtor is ordered to provide verified, code- compliant, supplemental responses without objections within 30 days of this order. III. No sanctions are imposed. Moving party to give notice. The Motions are unopposed as of May 14, 2024. This unlawful detainer action was filed by Plaintiff BLAINE HOLDINGS & DEVELOPMENT, LLC (Plaintiff/Judgmen...
2024.05.15 Motion to Compel Further Responses 809
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...is matter was first before the Court on February 21, 2024. On that date, the Court ordered the parties to further meet and confer and file a joint statement of the remaining issues. The parties did not do so. Defendant's counsel stated that she reached out to Plaintiff's Counsel but did not get a response. The Court continued the matter to today's date. The parties filed a joint statement on May 8, 2024. Pursuant to the further meet and confer ef...
2024.05.15 Motion to Compel Further Responses 693
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ... Requests for Production of Documents (set one) and seek sanctions. Background On March 7, 2023, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song- Beverly Act for failure to repair or repurchase Plaintiff's 2020 Honda CR-V (Subject Vehicle) and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document req...
2024.05.15 Motion to Compel Deposition of PMK 421
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...nd DOES 1 -10, alleging a sole cause of action for Violations of the Unruh Civil Rights Act. After default was entered against Defendant Fan Shin, and the parties subsequently stipulated to set aside such default, Plaintiff filed a First Amended Complaint against Defendant Fan Shin and Ponce's Bakery (“PB”) on December 14, 2022. On June 15, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant Fan Shin to the FAC wi...
2024.05.15 Motion for Judgment on the Pleadings 633
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...S 1 through 20 inclusive, for (1) Breach of Contract and (2) Common Counts. Defendant DAVID KIM (Defendant Kim) moves for judgment on the pleadings on Plaintiff's Complaint on the grounds that the Complaint does not state facts sufficient to constitute a cause of action against him. The Court has considered the moving, opposition, and reply papers. Meet and Confer Pursuant to Code of Civil Procedure (CCP) section 439, a motion for judgment on the...
2024.05.15 Demurrer, Motion to Strike 259
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.15
Excerpt: ...ssor in interest to Chuleeporn Phapornchai (“Decedent”) filed a Complaint against Defendants Ensign Whittier West (“Ensign”) and PIH Health Whittier (“PIH”) alleging causes of action for: (1) Negligence; (2) Professional Negligence; (3) Elder Abuse; and (4) Wrongful Death. On November 28, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant PIH to the first cause of action in the Complaint without leave to ...
2024.05.14 Motion for Sanctions 946
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ...iff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly punched Plaintiff's face and body. Plaintiff has a history of manic depression. (Compl. ¶¶ 12- 13.) Plaintif f alleges significant mental suffering and emotional distress because of the abuse. (Compl. ¶ 26.) Plaintiff brings causes of a...
2024.05.14 Demurrer 519
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ..., 2023 by Plaintiff Abner Hinojos (“Plaintiff”) against Defendant Omar Deniz dba JS Auto Body (“Defendant”) for unpaid rents totaling $30,000.00 and holdover damages of $240 per day starting September 15, 2023. As of May 13, 2024, this motion is unopposed. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts...
2024.05.14 Motion to Set Aside Default Judgment 094
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ... within 5 court days. Defendants to give notice. The complaint was filed on April 10, 2023, by Plaintiffs Robert W. Harrold and Maureen M. Harrold against Defendants Enzo Enterprises, Smooth Sailing Consultants GP, and Darius Rutledge alleging (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Quiet Title; (4) Cancellation of Instruments; (5) Declaratory Relief; (6) Slander of Title; and (7) Unjust Enrichment. On April 11, 2023, Plaintiffs filed an...
2024.05.14 Motion for Summary Judgment 439
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ...etainer action. On August 1, 2023, Plaintiff Scarlet Martha Morales (“Plaintiff”) filed this action against Defendant Armida Cardenas (“Defendant”) seeking six months of unpaid rent from February 1, 2023 to August 1, 2023, totaling $15,000, in addition to holdover damages of $83.33 per day starting July 31, 2023. Plaintiff is Defendant's former mother- in-law. Legal Standard The purpose of a motion for summary judgment “is to provide co...
2024.05.14 Motion to Compel Further Responses 003
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.14
Excerpt: ...aintiff Gertrud Jacoby (“Plaintiff”) was a resident at Defendant La Mirada Post Acute LLC's (“Defendant”) skilled nursing facility. On January 3, 2023, Plaintiff and Successor in Interest Brain Jacoby brought this action against Defendant alleging the following causes of action: (1) Elder Abuse and Neglect and (2) Violation of Residents' Rights, (3) Negligence, and (4) Wrongful Death. The Complaint alleges that Defendant's “consistent f...
2024.05.09 Motion to Seek Discovery 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.09
Excerpt: ...s, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual assault she suffered at the hands of Defendants.” (FAC ¶2.)...
2024.05.09 Demurrer 995
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.09
Excerpt: ...ses. From the beginning of the school year in fall of 2002, BARRETT began to sexually groom Plaintiff while she was in his class at BMS. His conduct included, but was not limited to, the following: BARRETT rubbed his fingers through Plaintiff's hair, repeatedly said to Plaintiff, ‘You're so cute,' repeatedly told Plaintiff that he wanted to take her picture, made a music CD containing love songs that were sexual in nature, and repeatedly asked ...
2024.05.08 Motion for Leave to File Complaint-In-Intervention 523
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.08
Excerpt: ...shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” (Code Civ. Proc., § 387, subd. (c).) Timeliness The party seeking to intervene must be timely, determined by the totality of circumstances, which includes the following factors: (1) stage of the p...
2024.05.07 Request for Preliminary Injunction 498
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.07
Excerpt: ...e and she could make payments. ( Id., ¶ 17.) On or about November 3, 2019, Defendant purchased a 2020 Land Rover Evoque in his name with a down payment of $40,000 and financed the balance. ( Id., ¶¶ 18- 19.) On or about December 16, 2019, Plaintiff repaid Defendant for the down payment with a $40,000 check. ( Id., ¶ 21.) Plaintiff made the payments on the VEHICLE except when Defendant was living in Plaintiff's home or when Defendant prevented...
2024.05.07 Demurrer, Motion to Strike 676
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.07
Excerpt: ...s Code section 17200 on the grounds that it is uncertain, ambiguous and unintelligible and fails to plead any unlawful, unfair, or fraudulent business practices. Background This is a lemon law action. This lawsuit was filed on March 5, 2024 by Plaintiff Leopoldo Cabello (“Plaintiff”) against Defendants alleging four causes of action: (1) Breach of Express Warranty; (2) Breach of Implied Warranty; (3) Violation of Business and Professions Code...
2024.05.07 Demurrer 081
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.07
Excerpt: ...nse Board to enter into construction contracts in the State of California. (Complaint ¶ 3.) Between March 31, 2023 and April 12, 2023, pursuant to a written work authorization contract dated Apri l 4, 2023, Plaintiff performed work of improvement consisting of demolition, water remediation, dryout, and mold mitigation work at Defendant Jasmine Xu's (“Defendant”) property. (Complaint ¶ 8.) Plaintiff has substantially completed all work it wa...
2024.05.03 Motion for Leave to File Complaint, to Strike Answer 276
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.03
Excerpt: ...ANTED. Plaintiffs to give notice. Plaintiffs allege that defendants were hired to drive them, and defendants negligently caused an accident while Plaintiffs were passengers in defendants' vehicle. Plaintiffs further allege that defendant Miguel A. Pacheco drove under the influence of marij uana at the time of the accident, and that defendant Platinum Transportation Group, Inc. knew about Pacheco's history of marijuana use and still allowed him to...
2024.05.03 Motion to Compel Deposition Testimony 278
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.03
Excerpt: ...ulings: ARGUE. The Court finds itself at a crossroads as to whether to order the deposition and allow the chips to fall where they may, or whether to conditionally deny the motion on the conditions that (A) Plaintiff Diana Stretch shall not be permitted to testify at trial, and (B) the parties develop a stipulation as to how the finder of fact is to consider her inability to testify in a fashion that will not unfairly prejudice the Defendants. Th...
2024.05.03 Motion to Compel Responses, for Sanctions 128
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.03
Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...
2024.05.02 Motion to Compel Further Responses, Compliance with Discovery Responses 670
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.05.02
Excerpt: ...tion was filed by Plaintiff HUNG DAO on December 20, 2022. Plaintiff alleges that “[o]n September 17, 2021, Plaintiff entered into a warranty contract with FCA US LLC regarding a 2021 Jeep Wrangler….” (Complaint ¶14.) Plaintiff alleges tha t “[d]effects and nonconformities to warranty manifested themselves within eh applicable express warranty period, including but not limited to electrical, transmission, exterior, and structural.” (Id...
2024.04.30 Motions to Compel Responses 608
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.30
Excerpt: ... Sanctions are DENIED. II. Defendant MED (DE) LLC's Motions to Compel Responses to Form Interrogatories (set one), Requests for Production (set one), and Special Interrogatories (set one) as to Plaintiff BRIANA WINGO are ADVANCED from May 1, 2024 to this date and GRANTED. Plaintiff is ordered to serve responses without objections in 20 days. Sanctions are DENIED. Defendant to give notice. Defendant MED (DE) (“Defendant”) owns and operates an ...
2024.04.30 Motion for Leave to File Complaint, to Continue Trial, to Compel Further Responses 668
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.30
Excerpt: ...renew the motion in Dept. SE -F, the master calendar department. III. Plaintiff Dane Medley's Motion to Compel Further Responses to Requests for Production (Set Three) is GRANTED in part as set forth below. Sanctions are DENIED. Plaintiff to give notice. This is an employment discrimination lawsuit. Defendants Pacific Office Automation, Inc. (“Defendant POA”) and Eric Pitassi (“Defendant Pitassi”) terminated Plaintiff Dane Medley's (“Pl...
2024.04.25 Petition for Relief from Government Code 131
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.25
Excerpt: ...nts CITY OF MAYWOOD; COUNTY OF LOS ANGELES; and CITY OF LOS ANGELES (collectively “Defendants”) on July 10, 2023. Plaintiff alleges that “[o]n August 13, 2022, Plaintiff was riding his bicycle at or near 5005 District Blvd., and/or near the intersection of District Blvd. and Slauson Ave., Maywood, CA 90270 (‘SUBJECT AREA' and/or ‘INCIDENT') when he suddenly encountered a defective, raised, broken, cracked, dangerous, dilapidated, and un...
2024.04.25 Motion for Reconsideration 420
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.25
Excerpt: ...ry 21, 2019, Plaintiff was invited onto Defendants' property…. [¶] Defendants… negligently installed and/or maintained the floor of the second story of Defendants' building, leaving the fl oor of the second story to be unsecure and too unsafe to walk on, so as to create a hazardous and dangerous condition. [¶] The hazardous and dangerous condition posed by second story floor was known, or in the exercise of ordinary and reasonable care woul...
2024.04.25 Demurrer, Motion to Strike 921
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.25
Excerpt: ...s that American Honda Motor Company (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2019 Honda Odyssey vehicle. (See e.g., Complaint ¶¶8, 18.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Fraudulent Inducement -Concealment Defendants generally demur to the fifth and ...
2024.04.24 Motion for Sanctions 827
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.24
Excerpt: ...mount of $703,484.00. Plaintiff alleges that Defendants failed to make payments from November 24, 2021, to June 2, 2022. Plaintiff attached the invoices to its Complaint. Defendants move to strike Plaintiff's complaint and for monetary sanctions of $2,668.91 under Code of Civil Procedure sections 128.5 and 128.7. Legal Standards Sanctions under Code of Civil Procedure section 128.5 A court may order a party to pay the reasonable expenses, includi...
2024.04.23 Motion to Compel IME 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ...ase arises out of alleged acts of sexual assault that Plaintiff suffered as a child while participating in Explorer Post of the Whittier Police Department. Defendants The City of Whitter and Charles “Chuck” Drylie move for an order Compelling Plaintiff's Independent Mental Examination. Objections Defendant's Objections Nos. 1- 9 to Plaintiff's opposition are OVERRULED. Legal Standards “Any party may obtain discovery … by means of a physic...
2024.04.23 Motion to Compel Further Responses 320
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ... Plaintiff to give notice. Background This is a quiet title action filed by Plaintiff/Cross -Defendant The Pacific Southwest District of the Lutheran Church - Missouri Synod ("Plaintiff") seeking to determine the ownership of church property used by Defendant/Cross- Complainant Peace Lutheran Church, Inc., of South Gate, California ("Defendant"). Plaintiff contends that it now owns the property pursuant to Defendant's constitution...
2024.04.23 Motion for Preliminary Injunction 819
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ...t, Ronald M. Beilke. On March 19, 2024, Mr. Beilke (“Plaintiff”) filed suit against Defendants The Villages at Heritage Springs Homeowners Association, John Park, Maribel Diaz, Wil Sung, Desmond Blackburn, and Son Nguyen (collectively “Defendants”) for Breach of Fiduciary Duty, Declaratory Relief, Preliminary and Permanent Injunction, and Temporary Restraining Order. Defendants have levied an assessment totaling $195,351.34 ($192,201.34 i...
2024.04.23 Motion for Leave to File FACC 260
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ...d Complaint (“FAC”) filed on July 12, 2022, Plaintiff Lisa Avila ("Plaintiff”) alleges that Defendant Lourdes Campell (“Defendant”) breached her written agreement to sell her condominium to Plaintiff by failing to timely close escrow. On August 10, 2022, Defendant answered the FAC and concurrently filed a Cross -Complaint. On December 22, 2022, this Court issued an order requiring Plaintiff and Defendant to mediate their dispute. On...
2024.04.19 Motions to Compel Neurological Exams, for Sanctions 276
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.19
Excerpt: ...or by and through her guardian ad litem, Ani Khachikyan; and Leah Kesablyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, Plaintiffs), filed this action against defendants Plat inum Transportation Group, Inc. (Defendant) and Miguel Angel Pacheco (Pacheco) for damages arising from a motor vehicle accident. Plaintiffs allege that defendants were hired to transport Plaintiffs, and that defendants negligently caused an...
2024.04.18 Motion to Seek Discovery Concerning Sexual Conduct with Others, to Seal Docs 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ... First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual ...
2024.04.18 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ... causes of action for (1) Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful eviction could have/should have been raised in an earlier filed and litigated unlawful detainer action. The Court has reviewed the judicia...
2024.04.18 Demurrer to FAC 753
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ...2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that “[o]n December 11, 2017, plaintiff quitclaimed the property to one Angela Michelle Carrasca. On March 8, 2019, Angele Michelle Carrasco transferred said property to Daniel Carrasco and Angela Carrasco, husband and wife as joint tenan ts.” (FAC ¶6.) “Plaintiff did not on December 11, 2017, or at any time, intend to transfer his property to Angele Miche...
2024.04.18 Application for Writ of Possession 738
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...
2024.04.17 Motion to Quash Service of Summons 704
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.17
Excerpt: ...nopposed as of April 15, 2024. This is an employment law action. Specially Appearing Defendants Base Hills, Inc. dba Jan Point; Nellis Building Service, Inc.; and Sunny Kim move to quash service of summons served on them. Request for Judicial Notice Specially Appearing Defendants request the court to take judicial notice of the “right to sue notice” issued by Nevada Equal Rights Commission on January 25, 2023 under California Evidence Code se...
2024.04.17 Demurrer, Motion to Strike 896
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.17
Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...
2024.04.16 Motions to Compel Discovery, for Sanctions 901
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.16
Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...
2024.04.16 Motion to Compel Further Responses, for Sanctions 254
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.16
Excerpt: ...oCal, Inc. (“Plaintiff”) entered into an assignment agreement with Behavior Resources, Inc. (“BRI”) whereby Plaintiff acquired all of BRI's rights relating to the wrongful conduct of Defendant Stephanie Alvarez (“Defendant”). Plaintiff alleges that Defendant, during her employment with BRI, from approximately 2016 through her termination in January 2023, stole and/or embezzled approximately $228,000.00 from BRI. Among other things, Pl...
2024.04.11 Special Motion to Strike Complaint, Demurrer 084
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.11
Excerpt: ...o contendere and was convicted, April 8, 2021… of Penal Code section 647.6(A)(1) (annoying or molesting a chil d under 18 years of age) and section 25850(A) (carrying a loaded firearm on the person or in a vehicle). (Complaint ¶1.) He used the firearm to intimidate and threaten the victim. (Complaint ¶ 8.) “The crimes occurred in connection with the commercial space that was turned into a political campaign office during late 2020 and early...
2024.04.11 Motion to Compel Arbitration 286
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.11
Excerpt: ... and 21.) On July 25, 2023, Plaintiffs filed a Complaint against Defendant alleging a violation of the Song- Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid ...
2024.04.10 Motion to Quash Deposition Subpoena 071
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.10
Excerpt: ...denied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see bel...
2024.04.09 Motion for Summary Judgment 757
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ...AC alleges that “[o]n or about April 24, 2020, plaintiff Rosa M. Kingsbury was on the premises of defendants' grocery store for the purpose of purchasing groceries. Defendants maintained the premises in an unsafe condition as pallets were present whic h were unstable and maintained in a manner where customers could and were harmed. Plaintiff Rosa M. Kingsbury attempted to obtain products and the pallet gave way causing serious physical injuries...
2024.04.09 Motion to Compel Responses, for Sanctions 923
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ... her job as a part -time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On October 5, 2023, Plaintiff served her Request for Production of Documents (Set Two). Defendant OPI served responses on November 6, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Cooper Decl., ¶ 8.) Legal Stand...
2024.04.09 Motion to Consolidate 388
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ..., California 90706 and 11829 Arkansas Street (collectively “the Properties”). Plaintiff dismissed his complaint against Defendant on August 11, 2021. On January 29, 2019, Defendant filed a cross- complaint against Plaintiff for: 1. Breach of Fiduciary Duty 2. Conversion 3. Waste 4. Unj ust Enrichment 5. Constructive Trust 6. Intentional Misrepresentation 7. Intentional Infliction of Emotional Distress and 8. Declaratory Relief. Default was en...
2024.04.09 Motion to Strike 798
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ...y. Background This personal injury lawsuit arises out of a motor vehicle accident which occurred on June 1, 2022. The Complaint alleges that Plaintiff Fernando Ortiz Baeza (Plaintiff Baeza”) was injured by Defendant Ricardo Padilla Zamora who was operating a commercial vehicle without a Class A license. The Complaint alleges that Defendant West Wind Logistics, Inc. (“Defendant West Wind Logistics”) owned the vehicle driven by Zamora and kne...
2024.04.04 Motion to Strike 208
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...bruary 16, 2024, the operative First Amended Complaint (“FAC”) was filed. Defendant UNIVERSAL FITNESS CLUB NORWALK, LLC (“Defendant”) moves to strike the following allegation from the FAC: “On or about 05/16/2016, the parties extended the original lease term from 10 years to 15 years” from Plaintiff's Complaint. Defendant argues that this sentence should be stricken on the basis that the “written lease attached to Exhibit 1 to the F...
2024.04.04 Motion to Compel Further Responses 065
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ....) On August 11, 2023, Defendant MELVIN RENE MORALES ASTORGA (“Defendant”) served responses. (Id. ¶5.) On August 25, 2023, Plaintiff's counsel sent a meet and confer letter to Defense Counsel regarding purported deficiencies in Defendant's responses. (Id. ¶6.) On September 15, 2023, attorneys for Defendant provided amended responses, which Plaintiff argues are not code- compliant. (Id. ¶8.) On September 28, 2023, Plaintiff filed the subjec...
2024.04.04 Motion to Compel Arbitration and Stay Proceedings 396
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...e and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On August 1, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement ...
2024.04.04 Motion to Compel Arbitration 476
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...aintiff's purchase of a used 2017 Nissan Pathfinder vehicle. Sometim e thereafter, the RISC was assigned to Defendant Blackfish Capital, LLC (“Blackfish”). This action was filed by Plaintiff against Defendants Freeway; Blackfish; and HUDSON INUSRANCE COMPANY (“Hudson”) (collectively “Defendants”) on August 3, 2023. Plaintiff's Complaint asserts the following causes of action: (1) Violation of the Consumers Legal Remedies Act against F...
2024.04.04 Motion for Summary Judgment 004
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...ividually; and DAWN KASARDA, individually (collectively “Plaintiffs”) against Defendants CITY OF CERRITOS (“City”); and BRIGHTVIEW TREE CARE SERVICES, INC. (“Brightview”) (collectively “Defendants”) on July 18, 2022. On November 7, 2022 the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his action involves a trip and fall on a defective public sidewalk located between 13745 and 13751 Beach St...
2024.04.04 Demurrer, Motion to Strike 340
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ... GALLEGOS (“Plaintiff”) was injured in a car accident on July 22, 2021. This action was filed on July 27, 2023. Plaintiff's Complaint asserts the following two causes of action: (1) General Negligence; and (2) Motor Vehicle Negligence. Demurrer Defendant SULLY- MILLER CONTRACTING COMPANY (“Defendant”) generally demurs on the basis that Plaintiff's claims are barred by the statute of limitations. Under CCP §335.1, the statute of limitatio...
2024.04.03 Motion to Compel Further Responses 320
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.03
Excerpt: ...cial Interrogatories, Set Two is CONTINUED. III. Plaintiff Pacific Southwest District of the Lutheran Church- Missouri Synod's motion to compel further responses to Request for Production of Documents, Set Three is CONTINUED. IV. Plaintiff Pacific Southwest District of the Lutheran Church- Missouri Synod's motion to compel further responses to Request for Production of Documents, Set Four is CONTINUED. Moving Party to give NOTICE. Form Interrogat...
2024.04.02 Demurrer 061
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.02
Excerpt: ...e Seventh Cause of Action is SUSTAINED. V. Defendant's Demurrer to the Eighth Cause of Action is OVERRULED. VI. Defendant's Demurrer to the Ninth Cause of Action is OVERRULED. Defendant to give notice. Background Defendants, International Forklift Company and Brian Challoner Demurrer on the punitive damage allegations in the First Amended Complaint (FAC) on the grounds that the FAC does not state facts sufficient to constitute a cause of action a...
2024.04.02 Demurrer 077
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.02
Excerpt: ...tt Jones while they were students at Bell High School between 1987 and 2001. On or about November 8, 2022, Plaintiffs filed their First Amended Complaint, asserting two causes of action against Los Angeles Unified School District (“LAUSD”) for negligence and negligent supervision/retention, and two causes of action against Mr. Jones for sexu al battery and sexual harassment. On or about August 23, 2023, Mr. Jones filed a First Amended Cross-C...
2024.04.02 Motion to Compel Arbitration 087
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.02
Excerpt: ...ant against American Honda Motor Company, Inc., alleging various defects during the warranty period and negligent repair claim against Galpin Motos, Inc. Evidentiary Objections and Request for Judicial Notice Plaintiff's Evidentiary Objections The Objection to the Declaration of Andres F. Michel in its entirety is OVERRULED. Request for Judicial Notice The Three Requests for Judicial Notice are GRANTED. Legal Standard Under California law, the tr...
2024.03.28 Motion for Leave to File SAC 467
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.28
Excerpt: ...n November 2020, Plaintiff LAUNDRY LOS ANGELES, INC. was vandalized. Defendant Armen Gassyan was arrested at the location and charged with commercial burglary and vandalism. Plaintiffs allege that Defendants MAGIC LAUNDRY SERVICES, INC. and HRAIR KERTENIA N conspired with Armen Gassyan to destroy Plaintiffs' laundry, a competitor of the defendants. This action was filed on December 1, 2022. The initial Complaint contained eight causes of action f...
2024.03.28 Motion for Attorney Fees 629
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.28
Excerpt: ... May 24, 2023. The parties exchanged about one round of discovery each, which includes Plaintiff's preparation of Motions to Compel Further Responses. A Notice of Settlement was filed on June February 7, 2024. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, inc...
2024.03.28 Demurrer, Motion to Strike 683
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.28
Excerpt: ...ive notice. This action for elder abuse was filed by Plaintiff CHIVALA WALKER, individually and as heir and successor -in- interest to DOROTHY MAE HILL (“Decedent”) (“Plaintiff”) on March 2, 2023. On August 24, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges “Defendant was required to meet the basic needs of Ms. HILL such as hygiene, safety and medical care, as Ms. HILL was admitted with chronic comb...
2024.03.27 Motion to Compel Further Responses 854
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.27
Excerpt: ... One is GRANTED. No sanctions. Moving Party to give NOTICE. The motion is unopposed as of March 27, 2024. This is a Song- Beverly action. Meet and Confer The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2031.310, subd. (b)(2).) The Court finds Plaintiffs adequately met and conferred. (Decl. Lopez, ¶¶ 5- 6, Ex. C.) Timeliness Notice of the motion to compel further must be provided within 45 days of service o...
2024.03.27 Motion to Compel Compliance, for Sanctions 586
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.27
Excerpt: ...ionwide Environmental Services moves to compel compliance with a deposition subpoena of business records served on non- party Shin Imaging Center. Defendant also seeks sanctions. Legal Standard A deposition subpoena for business records directs a nonparty's “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection an...
2024.03.27 Demurrer to FAC, Motion to Strike 447
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.27
Excerpt: ...eging the following: 1. FEHA Discrimination 2. FEHA Retaliation 3. Failure to Provide Reasonable Accommodation 4. Failure to Engage in Interactive Process 5. Failure to Prevent Discrimination, Harassment, or Retaliation 6. Wrongful Termination in Violation of Public Policy 7. Constructive Termination. Meet and Confer The parties satisfied the meet -and -confer requirements. (Decl. Miller, ¶¶ 2 to 4; Code. Civ. Proc., § 430.41; Code Civ. Proc.,...
2024.03.26 Motion for Summary Judgment, Judgment on the Pleadings 144
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.26
Excerpt: ... and Pico Rivera Holdings LVT, LLC (“Defendants”). The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendants' demurrer to the first and third causes of action were sustained without leave to amend. All that remains is the second cause of action for Negligence and the fourth cause of action for Breach of Contr...
2024.03.26 Motion for Attorney Fees 964
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.26
Excerpt: ...eras and Danilo Visperas filed the instant suit against Defendant General Motors. The Complaint asserts a cause of action for Violation of the Song-Beverly Act Section 1793.2. On September 7, 2023, Plaintiff filed a Notice of Settlement of Entire Case. Legal Standard Attorney's fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) In a lemon law action, costs and expenses, including...
2024.03.21 Motion to Compel Arbitration and Stay Proceedings 218
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.21
Excerpt: ... Code §452.) Background This action arises out of Plaintiffs' purchase of a 2021 Hyundai Sonota vehicle. Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On April 21, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant HYUNDAI MOTOR AMERICA. (“Defendant” or “Hyundai”) now see...
2024.03.21 Motion for Summary Judgment, Adjudication 082
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.21
Excerpt: ...levant facts, as alleged, are as follows: “Defendants became indebted to plaintiff Caltex Plastics in the amount of $126,406.89 as of July 28, 2022. [¶] On September 19, 2022 in Los Angeles, California, an account was stated in writing by and between plaintiff and defendants and on such statement a balance of $89,738.25 was found due to plaintiff from defendants. Defendants agreed to pay interest on unpaid balances at the rate of 1.5% per mont...
2024.03.21 Demurrer to FAC 522
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.21
Excerpt: ...Plaintiff THEE AGUILA, INC. (“TAI” or “Plaintiff”) on December 7, 2022. On August 8, 2023, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Commencing in 2002, TAI became the fee simple owner of commercial real estate located at 8825 Washington Blvd., Pico Rivera, California 90660….The Property consisted of a 34,000 square foot building used as a nightclub, restaurant and banquet venue....
2024.03.20 Motion for Summary Adjudication 647
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.20
Excerpt: ... fire ignited at the subject property. Pl aintiff/Cross-Defendant seeks compensation for the resulting property damage and loss of rental income. Defendant/Cross -Complainant seeks compensation for abatement of rent on the grounds that Plaintiff/Cross -Defendant did not repair the subject property f ollowing the fire. Defendant/Cross -Complainant seeks summary adjudication of the breach of lease and constructive trust causes of action in its cros...
2024.03.20 Motion to Stay Action 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.20
Excerpt: ...024 when the Limited Protected Party Injunction of the reorganization plan of the Boy Scouts of America ends. Defendant Charles Drylie joins the City of Whittier's motion. Legal Standard Trial courts have the inherent power to stay proceedings to promote justice and judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Requests for Judicial Notice Plaintiff requests judicial notice of the following under Evide...
2024.03.20 Motion to Stay Action 881
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.20
Excerpt: ...ged defects of the 2022 Forest River recreational vehicle they purchased from Mike Thompson Recreational Vehicles in Santa Fe Springs, California. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (Code Civ. Proc., §410.30.)...
2024.03.19 Motion to Transfer Venue 546
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...led his complaint in Los Angeles Superior Court on October 22, 2020. (Jacobsen Decl. ¶ 2, Ex. A.) The complaint alleges nine causes of action: assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, vio lations of Civil Code sections 51.7 and 52.1, negligence, negligent hiring, and negligent supervision. ( Id.) The complaint originally named ten defendants, consisting of two corporate entities and eight ...
2024.03.19 Motion to Set Aside Default 150
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...“Rios”), Excellence RE Real Estate. Inc. (“ERRE”), and Does 1- 50, inclusive, alleging causes of action for 1) financial elder abuse, 2) breach of fiduciary duty, 3) actual fraud, 4) constructive fraud, 5) conversion, 6) recovery of payment from unlicensed contractor, and 7) money had and received. Default was entered against Defendants Rios and ERRE on April 15, 2022, and against Martin, 365 and MRI on February 23, 2023. During the inves...
2024.03.19 Motion for Summary Judgment 144
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...ch have been reduced to claims for breach of contract and negligence. The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendant's demurrer to the first and third causes of action were sustained without leave to amend. All that remains are the second and fourth causes of action. It is undisputed that on February 13...
2024.03.19 Motion for Leave to File Complaint 054
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...6, 2023, for violations of the Song -Beverly Consumer Warranty Act due to the purchase of a 2022 Grand Design Momentum on January 3, 2023. On February 14, 2024, Defendants filed a Motion for Leave to File a Cross- Complaint. As of March 15, 2024, no opposition has been filed to this motion. Legal Standard C.C.P. §426.30(a) provides, as follows: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and ser...
2024.03.19 Demurrer, Motion to Strike 686
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...a and GRANTED as to Plaintiff Martha Cowan. Plaintiffs to give notice. This is a wrongful death action arising out of the death of Decedent Sofia Barraza (“Decedent”) on June 11, 2022. Plaintiffs Carlos Barraza and Martha Cowan are the Children of Sofia Barraza. On August 15, 2023, Plaintiffs Carlos Barraza and Martha Cowan, and the Estate of Sofia Barraza (“Plaintiffs”) filed their First Amended Complaint (“FAC”) against Defendants N...
2024.03.14 Motion to Vacate Default 191
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ...D, LLC (“Lone Oak”) on October 24, 2023. On November 2, 2023, Lone Oak applied ex parte to vacate default and dissolve the TRO. Proceedings were continued several times due to an automatic stay following bankruptcy proceedings involving Defendant Jose Gonzalez. The stay has now been lifted. Lone Oak moves to set aside the default under CCP §§473(d) and 473.5. CCP §473(d) At any time, “[t]he court…may on motion of either party after not...
2024.03.14 Motion to Compel Response to Business Records Subpoena 706
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ...to Compel Socal Imaging's Response to Business Records Subpoena is DENIED . V. Defendant CITY OF DOWNEY's Motion to Compel Third -Party Robertson Surgery Center's Response to Business Records is DENIED. VI. Defendant's Motion to Compel Third -Party PT -RN CARE's Response to Business Records is DENIED . Plaintiff to give notice. Defendant CITY OF DOWNEY (“Defendant”) issued subpoenas on various medical providers, including: Samimi Orthopaedic ...
2024.03.14 Motion for Summary Judgment, Adjudication 174
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ... LLC (collectively “Plaintiffs”) filed the operative First Amended Complaint (“FAC”) against Defendants EXPERIOR TRANSPORT & POLMAX, LLC (“Experior”) and TBI EXPRESS, LLC (“TBI”). The FAC asserts claims for breach of contract and breach of guaranty against TBI and Experior. The FAC alleges that “[o]n or about February 19, 2016, Plaintiff and Experior entered into written lease agreement…. The Lease was for a term of five (5) y...
2024.03.14 Motion for Judgment on the Pleadings 538
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ... or around August 11, 1992, Elvira Vargas [mother of Plaintiff and Defendant] and Plaintiff CARLOS S. VARGAS, JR. obtained title to the Subject Property as joint -tenants.” (Complaint ¶8.) “However, in or around September 24, 2019, Elvira Vargas affi rmatively severed the joint tenancy between herself and Plaintiff CARLOS S. VARGAS JR. and conveyed her 50% interest in the Subject Property to herself, in her capacity as the Trustee of the Elv...
2024.03.14 Motion for Entry of Judgment 133
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ...NTED. On January 30, 2024, this Court issued an Order stating: “With respect to All -Ways Far East, LLC and All - Ways Forwarding International, Inc., they are not registered to do business in the state of California. Nor are they necessary parties to this action. Accordingly, those entities are dismissed from this action and are stricken from the complaint…. [¶] Accordingly, Rialto Pacific, LLC f/k/a All -Ways Pacific, LLC is ORDERED to fil...
2024.03.13 Motion for Attorney Fees 686
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...6,946.00 for 123.2 hours of legal work. Prevailing Party In a contract action, the prevailing party is the party who recovered greater relief in an action “on the contract.” (Civ. Code, § 1717, subd. (b)(1).) In the present case, there is no dispute that Defendant and Cross- Complainant is the prevailing party in the action and is entitled to attorney fees. Thus, the only question to be determined by this motion is the amount of the award. R...
2024.03.13 Motion for Preliminary Approval of Class and Representative Action Settlement 280
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...ction on behalf of himself individually and all other aggrieved employees employed by defendant Duncan Industries, Inc. Plaintiff alleges Defendant violated the followi ng wage-and -hour Labor Code provisions: (1) failing to pay all wages; (2) failing to provide meal periods or pay compensation; (3) failing to authorize or permit rest breaks or pay compensation; (4) willfully failing to provide itemized wage statements; (5) and failing to pay all...
2024.03.13 Motion for Leave to File FAC 730
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...his is a real property dispute. Plaintiff Blanca E. Ortiz seeks leave to file a first amended complaint. Leave to Amend Courts have a strong policy of allowing motions for leave to amend. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend….” ( Morgan v. Super. Ct. (1959) 172 Cal.App.2d 527.) A court can deny leave to amend after long, inexcus...
2024.03.13 Motion to Stay Action 077
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...creational Vehicles, Colton, Inc.; and Ford Motor Company, Inc. Plaintiffs allege breach of express war ranty, breach of implied warranty, violation of Business and Professions Code section 17200, and negligent repair. The other defendants filed a joinder to this motion. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, th...
2024.03.12 Motion to Compel Further Responses 701
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.12
Excerpt: ... at 9:30 a.m. in Department SE-C. III. Defendant's Motion to Compel Further Responses to Requests for Production is CONTINUED to Tuesday, May 21, 2024 at 9:30 a.m. in Department SE-C. Defendant to give notice. Background This case involves a March 17, 2021 collision of two sanitation trucks in the driveway of a landfill in Santa Fe Springs, California. The truck owned by Defendant UNIVERSAL WASTE SYSTEMS, INC. (“Defendant”) drove into the rea...
2024.03.12 Motion for Summary Judgment 020
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.12
Excerpt: ...dant Southern California Permanente Medical Group alleging that it was negligent in its medical care and treatment of Decedent, resulting in his death. Defendant Southern California Permanente Medical Group now moves generally for a Motion for Summary Judgment. Legal Standard The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their alle...
2024.03.12 Demurrer, Motion to Strike 569
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.12
Excerpt: ... lemon law action. Plaintiff Lorena Quiroz (“Plaintiff”) filed her First Amended Complaint on August 8,2023. Plaintiff alleges that American Honda Motor Co., Inc. (“Defendant”) did not disclose and actively concealed defects involving transmission s affecting Plaintiff's 2019 Honda Odyssey. Plaintiff's FAC asserts the following causes of action: (1) Violation of Song - Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducemen...
2024.03.12 Demurrer, Motion to Strike 139
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.12
Excerpt: ...notice. Plaintiff's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a lemon law action. Plaintiffs Juana Rodriguez Mendoza and Jose Alba Rodriguez (“Plaintiffs”) filed this action on July 12, 2023. Plaintiffs allege Defendant American Honda Motor Co., Inc. (“Defendant”)) did not disclose and actively concealed defe cts involving the Honda Sensing Defect affecting Plaintiffs 2023 Honda HR-V. Plaintiffs' Complaint ass...
2024.03.07 Motion for Summary Judgment, Adjudication 662
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.07
Excerpt: ...fendants Inclusion Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021, a First Amended Com plaint (“FAC”) was filed. The FAC was amended on January 10, 2023 to name Tri -Counties Regional Center (“TCRC”) and Eastern Los Angeles Regional Center for the Developmentally Disabled, Inc. (“ELRC”) as defendants. On October 27, 2023, the operative Second Amend...
2024.03.07 Demurrer to FACC 954
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.07
Excerpt: ...her Cross -Co mplaint against various cross -defendants for cancelation of a grant deed and deed of trust relating to the Subject Property of this litigation. On May 11, 2022, the action was dismissed without prejudice as to David Meckler as Trustee for the 2018 Meckler Family Freeloader Trust (“Meckler Trust”). On May 27, 2022, Judgment was entered in favor of Cross -Defendant Meckler Trust against Cross -Complai nant. The Meckler Trust fore...
2024.03.07 Demurrer 639
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.07
Excerpt: ...uest for Judicial Notice is GRANTED. This action for defamation was filed by Plaintiffs DEREK LEFKOWITH and JENNIFER LEFKOWITH (“Plaintiffs”) against Defendant BENJAMIN BROWN and KRISTY BROWN (“Defendants”) on May 26, 2023. Plaintiffs and Defendants reside on neighboring properties. (Complain t ¶¶3-4.) Plaintiffs allege that “[o]n or about March 19, 2022, Defendants created a social media posting listing Plaintiffs' Subject Residence ...
2024.03.07 Application to Renew Motion to Enforce Settlement 420
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.07
Excerpt: ...the Court will enter judgm ent in favor of Defendant K&M pursuant to the Court's August 25, 2023 order granting Defendant K&M's motion for summary judgment. Moving party to give notice. Background This lawsuit was filed on June 12, 2020 by Plaintiff Bernardo Schaffer (Plaintiff) against Defendants K&M Meat Company, Inc. (Defendant K&M) and Defendant Felix Goldberg. Defendant K&M owns, manages, and/or controls the property located at 2443 E. 27th ...
2024.03.06 Motion for Terminating, Issue, Monetary Sanctions 227
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.06
Excerpt: ...ckground This is a landlord-tenant dispute between Plaintiff, the tenant, and defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval. Plaintiff alleges that defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, re moved Plaintiff's personal property, and wrongfully evicted Plaintiff. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a de...
2024.03.06 Motion for Leave to Amend to Substitute Plaintiff 430
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.06
Excerpt: ...y, denied coverage based on an exclusion for vacant properties. Pl aintiff ATV, Inc., also known as American Tire Depot, alleges that its broker, Integrity Insurance Services, Inc. dba Hawley Insurance Services did not procure adequate commercial property insurance on its behalf. Plaintiff sues Integrity Insurance Services, Inc. for the following: 1. Professional Negligence; 2. Negligent Misrepresentation; 3. Breach of Contract; and 4. Declarator...

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