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2023.09.13 Demurrer, Motion to Strike 381
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.13
Excerpt: ... Sixth, Seventh, and Ninth Causes of Action and move to strike Plaintiff's claims for punitive damages and attorney's fees. Plaintiff has agreed to dismiss the Ninth Cause of Action. Background Plaintiff hired Defendants to represent it to sell real property commonly known as 14411 Pontlavoy Avenue, Norwalk, California (the Property). Plaintiff alleges that Defendants negligently and fraudulently represented Plaintiff as its real estate agents in...
2023.09.12 Motion for Summary Judgment, Adjudication, to Disqualify Counsel 600
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.12
Excerpt: ...law firm of Garver, AV & Duncan from representing Defendant in this case is DENIED without prejudice. Opposing party to give Notice. Complaint Plaintiffs Khoshrozeh Dental Corporation and Mehrdad Khoshrozeh, DDS, allege that Defendants' maintained the “premises and the electrical systems therein, including the “plenum”, in such a manner that created a dangerous, defective and hazardous condition… [that] cause[d] a fire to initiate and ign...
2023.09.12 Motion for Summary Adjudication 552
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.12
Excerpt: ...operties, LLC (“Associated”) moves for summary judgment, or alternatively, summary adjudication as to Defendant's Affirmative Defenses 1 through 8. As a preliminary matter, the court notes that Plaintiff's motion incorrectly lists the order of Defendant's affirmative defenses. The court will discuss Defendant's affirmative defenses in the order listed in the Answer. As in ordinary civil cases, either party to an unlawful detainer action may f...
2023.09.12 Demurrer, Motion to Strike 752
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.12
Excerpt: ...rs to the 2 nd cause of action for Fraudulent Inducement on the ground that it fails to state facts sufficient to constitute a cause of action. Complaint On August 17, 2021, Plaintiff(s) purchased a new 2021 Honda Accord, VIN 1HGCV1F48MA096461. (Complaint, ¶ 8.) “The Subject Vehicle was equipped with a defective computerized driver-assistance safety system and a defective collision mitigation braking system.” (Id., ¶ 85.) Based thereon, the...
2023.09.12 Demurrer 405
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.12
Excerpt: ...Inc., DaVita Inc., Staffieri, and Batistelli demur to the 1 st – 7 th, 13 th, and 17 th causes of action on the ground that they are barred by the statutes of limitations. 1. Failure To Pay Wages 2. Failure To Pay Overtime Compensation 3. Failure To Provide Rest Breaks 4. Failure To Provide Meal Breaks 5. Waiting Time Penalties 6. Failure To Provide Accurate Itemized Wage Statements 7. Failure To Reimburse Expenses to Employee 8. Disability/Per...
2023.09.12 Demurrer 378
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.12
Excerpt: ...LLC, Shellpoint Mortgage Servicing, and JP Morgan Mortgage Acquisition Corp demurs to the 1 st, 3 rd – 8 th causes of action on the ground that the claims fail to state facts sufficient to constitute a cause of action. Complaint This is a wrongful foreclosure action, asserting causes of action for: 1. Violation of Civ. Code § 2923.5 2. Violation of Civ. Code § 2924(a)(1) 3. Violation of Civ. Code § 2923.6(c) 4. Violation of Civ. Code § 2923...
2023.09.12 Motion to Set Aside Default Judgment 834
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.12
Excerpt: ...n Management & Engineering (“ACME”) moves to set aside default judgment pursuant to CCP § 473(b). This is Breach of Contract action filed by Plaintiff American Construction Management & Engineering for $1,405,416.11. The Complaint asserts causes of action for: 1. Breach of Contract 2. Account Stated 3. Reasonable Value 4. Foreclosure on Mechanic's Lien J.R. Miller & Associates (“J.R. Miller”) filed a Cross-Complaint against ACME on May 4...
2023.09.07 OSC Re Contempt, Motion for Monetary Sanctions 221
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.07
Excerpt: ...fees and costs in the amount of $3,635.00 against Aldo Flores for his continued failure and refusal to comply with the January 24, 2023 Order. In Opposition, Plaintiff argues that the Court does not have jurisdiction to hold him in contempt and that Defendant fails to satisfy the elements necessary for a finding of indirect contempt. “Disobedience of any lawful judgment, order, or process of the court” is an act of contempt of the authority o...
2023.09.07 Motion to Compel Arbitration and Stay Proceedings 722
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.07
Excerpt: ...icle failed to cure the defects. On December 27, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Lease 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 agreement to arbitrate b...
2023.09.07 Motion for Summary Judgment 803
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.07
Excerpt: ...ten Nielsen v. Jan V. Choe, Case No. 20STCV32880. Defendants JAN. U. CHOE, PATTY CHOE TANG, and SENG TANG move for summary judgment against the Complaints of Plaintiffs MARIA GUADALUPE HERNANDEZ and KIRSTEN NIELSEN. The Motion was filed on November 2, 2022. On May 19, 2023, a Notice of Settlement between Plaintiff Kirsten Nielsen and Defendant Jan Choe was filed in the related 20STCV32880 action. Therefore, the arguments raised in the instant Mot...
2023.09.07 Demurrers to SAC 311
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.07
Excerpt: ...s Second Amended Complaint is SUSTAINED with 10 days leave to amend. Moving Parties to give notice. This breach of contract action was filed by Plaintiff HENRY AGUILA (“pro per”) on April 25, 2022. On December 20, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part: “Defendant Ipswich desired to procure a line of credit for shipments of lobsters to Thee Aguila Inc…. and to insure said shi...
2023.09.07 Demurrer, Motion to Strike 174
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.07
Excerpt: ... that HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Honda Sensing System affecting Plaintiff's 2021 Honda Accord vehicle. (See e.g., FAC ¶¶8, 11-64.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – Concealment. Defendant generally demurs to the second cause of a...
2023.09.07 Demurrer, Motion to Strike 058
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.07
Excerpt: ... Amended Complaint (“FAC”) was filed on January 28, 2023. Plaintiff alleges that GENERAL MOTORS LLC. (“Defendant” or “GM”) did not disclose and actively concealed transmission defects involving GM's Hydra-Matic 8L90 and 8L45 transmissions affecting Plaintiff's 2022 Chevrolet Silverado vehicle. (See e.g., FAC ¶¶6, 9-14.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warra...
2023.09.06 Demurrer to SAC, Motion to Strike Punitive Damages 241
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.06
Excerpt: ...m for punitive damages. Background Plaintiff filed a Complaint against Defendant PIH Health Hospital – Whittier (PIH) for (1) Negligence, (2) Willful Misconduct, (3) Professional Negligence, and (4) Edler Abuse arising from the death of Plaintiff's spouse, Daniel Gonzales (Decedent). Plaintiff filed a Second Amended Complaint (SAC) on May 31, 2023 which added Barlow Respiratory Hospital as a defendant and a Wrongful Death cause of action. Legal...
2023.09.06 Motion to Strike 588
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.06
Excerpt: ...tions of the Song-Beverly Act for failure to repair or repurchase Plaintiffs' vehicle. Procedural Defect California Rules of Court, rule 3.1322 requires that “[a] notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense.” Here Defendant has requested in its Notice that “the Prayer for Relief insofar as...
2023.09.06 Motion to Compel Responses, for Sanctions 073
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.06
Excerpt: ...Center of Downey, LLC for: (1) Wrongful Termination; (2) Unfair Business Practices; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Rest Periods; (5) Failure to Keep Time Records; (6) Waiting Time Penalties; (7) Pay Stub Violations; (8) Intentional Infliction of Emotional Distress; and (9) PAGA claims. Legal Standard “If a party to whom interrogatories are directed fails to serve a timely response …. The party to whom the interrogat...
2023.09.06 Motion to Disqualify 255
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.06
Excerpt: ... Werbin, an attorney at DTLA Law Group, previously represented Defendant from 2017 to 2020. Mr. Werbin then joined DTLA Law Group in 2020. Judicial Notice Defendant's requests for judicial notice Nos. 1-13 are granted as they are records of any court of this state or of any court of record of the United States. (Evidence Code § 452(d).) Evidentiary Objections Plaintiff's objections to the Ruiters Declaration Nos. 1-7 are overruled. Plaintiff's o...
2023.09.05 Motion for Judgment on the Pleadings, to Strike 061
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.09.05
Excerpt: ...TICE. The Complaint alleges that on August 24, 2022, “Plaintiff was driving on the Interstate 15 highway in San Bernardino County driving from San Bernardino where the Plaintiff resides to Victorville, also in San Bernardin County, when Plaintiff was struck several times from behind by Defendant DOE Driver 1.” (Complaint, ¶15.) “Defendant DOE Driver 1 was speeding in violation of California Vehicle Code $ 22350, was texting and driving in ...
2023.08.31 Motion to Stay Civil Action Pending Resolution of Criminal Proceedings 087
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.31
Excerpt: ...efendants”). Plaintiff alleges that “[b]eginning in September of 2019, while Plaintiff was employed by ERUSD as its Assistant Superintendent of Business Services, he sent multiple emails… in which he disclosed his reasonable belief that ERUSD was engaging in acts that were in violation of California laws.” (Complaint ¶12.) “After Plaintiff disclosed the violation of the law, and prospective violations of law… ERUSD… began to engage...
2023.08.31 Motion to Compel Arbitration and Stay Proceedings 734
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.31
Excerpt: ...vehicle. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On December 28, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitra...
2023.08.31 Motion for Summary Judgment, Adjudication 067
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.31
Excerpt: ...laintiff”) on January 9, 2023. Plaintiff is seeking to recover payment “[f]or credit extended by Plaintiff to Defendant for purchases and/or cash advances by defendant and/or persons acting with Defendant's permission on the American Express credit card account XXXX-XXXXXX-X6006. Plaintiff has performed all conditions precedent to brining this action or Defendant has waived them.” (Complaint, CC-1(b)(6).) Plaintiff's Form Complaint asserts ...
2023.08.31 Demurrer, Motion to Strike 830
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.31
Excerpt: ...pplemental Opposition, and continued the subject matters to allow Defendant/Moving Party the opportunity to file a Supplemental Reply. Consequently, the Court has reviewed and considered the Supplemental Reply filed on August 23, 2023. This wrongful death/elder abuse action was filed by Plaintiffs EDWANDA PRUITT, individually and as heir and successor in interest to ETHEL JOHNSON, deceased; and DARYL PRUITT, individually and as heir and successor...
2023.08.31 Demurrer, Motion to Strike 716
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.31
Excerpt: ... on March 9, 2023. Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed a defect known as the “Honda Sensing Defect” affecting Plaintiff's 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 11-64.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – ...
2023.08.30 Motion to Set Aside Default Judgment 969
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.30
Excerpt: ...paid premiums on Defendant's workers' compensation insurance contract with SCIF. SCIF assigned its right to collect the unpaid premiums to Plaintiff Creditors Adjustment Bureau, Inc. (Plaintiff). Plaintiff alleges that Defendant failed to pay premiums to SCIF for three policies dating from May 10, 2019 to October 15, 2021. Defendant alleges it was in contact with SCIF's Audit Department regarding the dispute as to the unpaid premiums and was nego...
2023.08.30 Motion to Expunge Lis Pendens, for Sanctions 209
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.30
Excerpt: ...ants Alejandro Hernandez and Lakeland Financial (collectively Defendants). The lawsuit concerns a $75,000.00 oral loan agreement that Defendants would repay Plaintiff. Default judgment was entered on November 9, 2010. A notice of pendency of action was filed on November 15, 2011 concerning the real property recorded as Lot 301, Tract No. 21870 as per Map 593. Page 28-41 of Los Angeles County, CA, despite no mention of the property in the Complain...
2023.08.29 Demurrer 741
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.29
Excerpt: ...fficient to constitute a cause of action and are time-barred. Plaintiff Jane Hodges, as trustee on behalf of the Ollison Family Trust, and as special administrator on behalf of the Estate of Rose Mary Ollison, filed the instant Complaint against Defendants Zev Brooks and The Law Offices of Zev Brooks for: 1) Legal Malpractice; and 2) Breach of Fiduciary Duty. The Complaint alleges that Plaintiff's mother, Rose Mary Ollison, designated Plaintiff a...
2023.08.29 Demurrer 401
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.29
Excerpt: ...ach of oral agreement action. Plaintiff Schubert Investments Inc. alleges that in December 2021, Defendant Tay approached Plaintiff regarding an investment opportunity to become partial owner of Bellator. “PLAINTIFF and TAY agreed to the following terms (the “Oral Agreement”): a. SCHUBERT would receive a 10% ownership interest in BELLATOR in exchange for a direct investment of $100,000.00. b. PLAINTIFF would receive 10% of the profits from ...
2023.08.29 Motion to Compel Deposition of PMQ, for Monetary Sanctions 964
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.29
Excerpt: ...as move to compel the PMQ deposition of Defendant General Motors pursuant to CCP § 2025.450. Complaint On or about December 31, 2020, Plaintiffs Teresa Sanchez-Visperas and Danilo Visperas purchased a 2020 Chevrolet Silverado bearing the vehicle identification number (“VIN”) 3GCPWCED8LG434631. (Complaint, ¶ 4) Plaintiffs alleges that the vehicle suffered from nonconformities to warranty including, but not limited to, the air conditioning (�...
2023.08.29 Demurrer to FACC 413
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.29
Excerpt: ...y fail to state facts sufficient to constitute a cause of action. This action for quiet title was filed by Plaintiff/Cross-Defendant Maria Sandoval on May 26, 2022. On September 9, 2022, Defendant/Cross-Complainant Gloria Sandoval filed a Cross-Complaint, which was demurred to and sustained with leave to amend. The First Amended Cross-Complaint (“FAXC”) alleges: “Cross-Complainant is the daughter-in-law of Cross-Defendant. Cross- Complainan...
2023.08.29 Demurrer to SAC, Motion to Strike 456
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.29
Excerpt: ...ICE. Defendant City of Downey (“City”) demurs to the 1 st – 5 th, 9 th and 11 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative Second Amended Complaint (“SAC”) alleges that in 2020, Plaintiff's neighbor Joseph Nayebei aka Joseph Nayebi, trespassed onto Plaintiff's property, installed cameras and peered into Plaintiff's bedrooms and bathrooms, and refused Plaintiff'...
2023.08.29 Demurrer, Motion for Leave to File TAC 201
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.29
Excerpt: ...tiff is ordered to file and serve its TAC by August 29, 2023. III. Cross-Complainant's motion for leave to file a first amended cross- complaint is GRANTED. Cross-Complainant is ordered to file and serve its first amended cross-complaint by August 29, 2023. Moving Party to give NOTICE. SAC Plaintiff Los Angeles Unified School District (“LAUSD”) alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm wa...
2023.08.24 Motion to Compel Further Responses 700
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.24
Excerpt: ...and JOAQUIN BARRAJAS allege that ‘[o]n January 26, 2021, Plaintiffs entered into a warranty contract with AMERICAN HONDA regarding a 2018 Honda Civic…. (Complaint, ¶ 14.) The vehicle suffers from electrical and transmission (Id., ¶ 29), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 18). Based thereon, the Complaint asserts causes of action for: 1. Breach of Express Warranty – CC 1791.2...
2023.08.24 Motion for Summary Judgment, Adjudication 509
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.24
Excerpt: ...COSIO (“Plaintiff”) on June 23, 2022. Plaintiff was employed by Defendant PIH HEALTH WHITTIER HOSPITAL (“Defendant” or “PIH”) as a nurse. (Complaint ¶7.) On or around September of 2021, PIH established a COVID-19 policy requiring all employees to be vaccinated against COVID-19 (the ‘Vaccine Mandate'). (Complaint ¶20.) “Plaintiff is a lifelong Christian who believes that her body is a vessel for the Holy Spirit of God, and that t...
2023.08.24 Motion for Reconsideration, to Compel Arbitration and Stay Proceedings 477
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.24
Excerpt: ...s the action at law, the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits….” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) �...
2023.08.24 FAP for Peremptory Writ of Mandate 204
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.24
Excerpt: ...erest, Dynamic Joe Construction, Inc. (“Dynamic Joe”) filed an administrative appeal with the Administrative Hearing Bureau of the California Department of Insurance (“CDI”). The two issues on appeal were: (1) whether State Fund erred in categorizing certain Dynamic Joe Workers as employees rather than independent contractors; and (2) if Dynamic Joe's workers were determined to be employees, whether State Fund miscalculated their renumera...
2023.08.24 Demurrer to FAC 379
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.24
Excerpt: ..., Plaintiff filed the instant action against Defendants for damages, restitution, and statutory penalties for individual labor code violations purportedly committed by Defendants. Importantly, Plaintiff is not seeking civil penalties under PAGA in her present complaint. Pursuant to judicially noticeable documents, the Court is made aware that there are currently seven pending PAGA actions filed against Defendant SMCL Holdings, Inc. Defendant Safa...
2023.08.23 Motion to Quash Deposition Subpoena for Production of Business Records 946
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.23
Excerpt: ...(Plaintiff) subpoena for production of business records pursuant to CCP § 1987.1(a). Background Plaintiff's Complaint alleges that on April 23, 2020, Plaintiff was admitted to College Medical Center following a WIC § 5150 hold. Plaintiff 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 pun...
2023.08.23 Motion to Compel Deposition, Responses, for Monetary Sanctions 523
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.23
Excerpt: ...give NOTICE. Defendant/Cross-Complainant Heather Davis (Davis) moves for orders compelling deposition attendance pursuant to CCP § 2025.450, responses to her Requests for Production pursuant to CCP § 2031.300, and requests monetary sanctions pursuant to CCP §§ 2025.450(g) and 2031.300. Background This case arises out of a contract dispute between Plaintiff Socal Lien Solutions, LLC (Socal) and Defendants/Cross-Defendants JOS Little B Trust an...
2023.08.22 Motion to Compel Binding Arbitration 467
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.22
Excerpt: ...“transmission malfunctions, acceleration concerns, steering issues, gas pedal defects, and transmission assembly replacement, among other concerns.” (Id., ¶ 11.) Based thereon, the Complaint asserts causes of action for: 1. Breach of Implied Warranty of Merchantability 2. Breach of Express Warranty 3. Breach of Written Warranty 4. Breach of Implied Warranty Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court ...
2023.08.22 Motion to Compel Further Responses 732
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.22
Excerpt: ... Plaintiff Hugo Barrera's Complaint alleges that ‘[o]n January 22, 2021, Plaintiffs entered into a warranty contract with GENERAL MOTORS regarding a 2021 Chevrolet Silverado 1500, VIN: 1GCPYCEF6MZ200372. (Complaint, ¶ 13.) The vehicle suffers from engine and electrical defects (Id., ¶ 14), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 17). Based thereon, the Complaint asserts causes of act...
2023.08.22 Motion to Strike Punitive Damages 141
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.22
Excerpt: .... Regardless, the court's ruling is not affected by the Reply. This is a dispute between two adjoining neighbors. Plaintiff Roy alleges that Defendant Brown has trespassed over Plaintiff's property and altered and/or meddled with Plaintiff's garden/vegetation and obstructed Plaintiff's security cameras. Based thereon, the operative First Amended Complaint asserts causes of action for: 1. Private Nuisance 2. Trespass 3. Negligence Cross-Complainan...
2023.08.17 Motion to Lift Discovery Stay 428
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.17
Excerpt: ...) facilities. The case is stayed pending the resolution of Defendant's Motion to Compel Arbitration. Reply Plaintiff's late filed Reply shall be considered by this Court. Legal Standard “Although there apparently are no reported cases expressly on point, the Civil Discovery Act applies to ‘every civil action and special proceeding of a civil nature.' ” (Bouton v. USAA Casualty Ins. Co. (2008) 167 Cal.App.4th 412, 427.) “Because a Code of ...
2023.08.17 Motion for Reconsideration, to Compel Arbitration and Stay Proceedings 701
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.17
Excerpt: ...san (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 29, 2022, Plaintiffs filed a Complaint against Defendant alleging violations of Song-Beverly Act and negligent repair. On February 15, 2023, the court granted Defendant's Motion to Compel Arbitration based upon Felisilda v. FCA U.S. LLC (2020) 53 Cal.App.5 th 486, the only controlling authority at the time the...
2023.08.16 Motion to Strike FAC 635
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.16
Excerpt: ...nes' (Plaintiff) First Amended Complaint pursuant to CCP § 437. Background Plaintiff brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the Americans with Disabilities Act (ADA). Plaintiff uses a cane and walker for mobility and alleges he visited Defendant's place of business in Huntington Park and observed violations of the ADA concerning the parking lot. Plaintiff's First Amended Complaint alleg...
2023.08.16 Motion to Enforce Settlement 680
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.16
Excerpt: ...ement pursuant to CCP § 664.6. Background This action arises from a dispute as to the sale of real property in Maywood. At the February 28, 2023 Mandatory Settlement Conference, the parties agreed to an oral stipulated settlement on record. Legal Standard “If parties to pending litigation stipulate, in writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the co...
2023.08.16 Motion to Compel Compliance with Court Order, for Monetary Sanctions 419
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.16
Excerpt: ...intiff) moves to compel court ordered discovery pursuant to CCP § 2031.300 and sanctions pursuant to 2023.010(g). Background On November 23, 2022, Plaintiff filed a Complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2021 GMC Sierra 1500. Plaintiff alleges his vehicle suffered from defects and Defendant was unable to repair it within a reasonab...
2023.08.15 Motion to Deem RFAs Admitted, for Sanctions 768
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.15
Excerpt: ...nts Pico Center Inc., Wonsuk An, and Brian An move to compel responses to request for admissions pursuant to CCP § 2033.280. Complaint On September 30, 2019, Plaintiff Christopher Oliver filed a complaint alleging Wrongful Eviction. Plaintiff entered into an oral contract with defendant for monthly rental of $650 on a month-to-month basis. (Complaint, ¶ 7.) Plaintiff paid rent for the month of October 2017, but defendants manifested an explicit...
2023.08.15 Motion to Compel Arbitration 740
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.15
Excerpt: ...IN: 5FNRL6H51KB130309. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had electrical and transmission defects. (Id., ¶ 24.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court...
2023.08.15 Motion for Summary Adjudication 216
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.15
Excerpt: ...iled to control their vehicle, causing Plaintiff's damages. Based thereon, the Complaint asserts causes of action for: 1. Motor Vehicle 2. Negligence STANDARD A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant...
2023.08.10 Motion to File Amended Answer 391
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.10
Excerpt: ...N Gate as a Defendant. Flex N Gate seeks to amend its answer to indicate that it is being filed on behalf of Ventura Group Co., dba Flex N Gate Seeburn and Flex N Gate Bradford, the entities responsible for the design and manufacturing of the jack. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality should be particularly displayed in allowing amendment of answers...

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