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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...
2024.03.19 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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