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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 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...
2024.05.14 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 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...
2024.05.09 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 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...
2024.05.03 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 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...

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