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2024.04.16 Motion to Compel Forensic Inspection of Electronic Devices, for Sanctions 253
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.16
Excerpt: ...session, custody, or control since July 8, 2021 and have b een used to access certain email accounts. The specific discovery items at issue are Request for Production Nos. 7 -10. The Court GRANTS Defendant's motion. Plaintiff shall make the laptop available within ten days of this order. Defendant may instruct the third -party to conduct searches limited to the search terms proposed by Defendant on March 29, 2024. The Court DENIES Defendant's req...
2024.04.16 Motion for Leave to File Permissive Complaint 285
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.16
Excerpt: ...st Cross -Defendants Brad Hakala and The Hakala Law Group (“Hakala Law”) (co llectively, “Cross-Defendants”). The Court GRANTS Defendants' motion. Background This case relates to a failed transaction for the purchase of CBD isolate. Plaintiffs The Englander Group, f/k/a Tower Marketing and Investments, LLC (“Englander Group”) and Harvey Englander allege that Defendants entered into a contract with Plaintiffs to deliver CBD isolate pur...
2024.04.11 Motion to Compel Arbitration 123
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.11
Excerpt: ...gs. Plaintiff moves to amend the complaint. Defendants' motion to compel arbitration is GRANTED. Defendants' motion to stay proceedings is GRANTED. Plaintiff's motion to amend the complaint is DENIED as moot. This action is hereby STAYED pending resolution of the arbitration. The Court sets a Status Conference Re: Arbitration for January 29, 2025 at 8:30 AM. Defendants to give notice. Background Plaintiff Matthew Chidez (“Plaintiff”) filed th...
2024.04.11 Motion for Summary Judgment, Adjudication 741
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.11
Excerpt: ...Artiaga appears to seek summary adjudication in the alternative. Defendant City of Los Angeles (“City”) joins in Artiaga's motions. The Court DENIES the motion for summary judgment. The Court does not issue a tentative on the summary adjudication motion but invites argument as to whether summary adjudication of any particular claim should be granted in light of the Court's ruling on the summary judgment motion. Background This case concerns p...
2024.04.09 Motion for Summary Judgment 014
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.09
Excerpt: ...mmary judgment. Background The following facts are taken from the parties' separate statements except where otherwise noted. The Court does not consider the parties' reply separate statements, which are not authorized by statute. ( Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) This case is an insurance coverage dispute under an environmental liability policy which Admiral issued to Canyon Country. The policy for “Cleanup Cost...
2024.04.09 Motion for Summary Adjudication 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.09
Excerpt: ...lobal Win”). The Court DENIES the motion for summary adjudication. Background Plaintiff is Global Win's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it terminated Plaintiff for incurring unapproved unreasonable business expenses. On November 24, 2020, Plaintiff filed this lawsuit against Global Win Xiaobei Ellis Liu, Shanying International Holdin...
2024.04.09 Motion for Attorney Fees 562
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.09
Excerpt: ...or attorney's fees in the amount of $63,981.25. Plaintiff shall pay this amount to Defendant's counsel within thirty days. Background The following facts are taken from the allegations in the FAC. The Court accepts them as true on demurrer. This action arises out of the termination of Jonathan Dortch's employment relationship with Part Four, LLC (“Part Four”) and its effects on Plaintiff's interest in Part Four. Part Four is a digital marketi...
2024.04.04 Motion to Compel Arbitration 000
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ...g this action. The Court DENIES Defendant's motion. Background This is an employment case. Plaintiff worked for Defendant as a general manager of the Luminarias Restaurant beginning in June 2023 and ending when Defendant terminated him on August 11, 2023. Plaintiff filed this action on November 15, 2023. The complaint raises claims for (1) retaliation in violation of FEHA; (2) failure to prevent retaliation; (3) retaliation in violation of Labor ...
2024.04.04 Motion for Issue, Monetary Sanctions TCV
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ... 16, 2024 discovery order. The Court DENIES Defendant's request for issue sanctions. The Court GRANTS Defendant's request for monetary sanctions in the amount of $4,391.00. Plaintiff shall pay this amount to Defendant's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) retaliation under FEHA; (3) fail...
2024.04.04 Demurrer, Motion to Strike 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ... Eugene Seniura (“Eugene”) (collectively, “Cross-Defendants”) demurs to and move to strike portions of the Second Amended Cross- Complaint (“SACC”) filed by Defendant and Cross- Complainant Tammy P. Lang-Tanaka (“Defendant”) as Successor Trustee of the Benjamin M. Lang Trust of 2017 dated May 18, 2017 (the “BML Trust”). Defendant separately moves for leave to amend the SACC. The Court OVERRULES the demurrer. The Court DENIES t...
2024.04.04 Demurrer 836
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.04
Excerpt: ...d, fourth, sixth, seventh, eighth, ninth, and tenth causes of action in the Fi rst Amended Cross-Complaint (“FACC”) filed by Defendant and Cross -Plaintiff Core/Related Grand Ave Owner, LLC (“Core”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND as to the fourth, sixth, eighth and tenth causes of action. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND as to the second, seventh and ninth causes of action. Cross -Defendants sha...
2024.04.02 Demurrers 567
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.02
Excerpt: ... filed by Plaintiff Kevin Laughlin (“Plaintiff”). The Court SUSTAINS the demurrer to Plaintiff's first and second causes of action WITHOUT LEAVE TO AMEND. The Court SUSTAINS the demurrer to Plaintiff's third cause of action WITH LEAVE TO AMEND. Moreover, the Court grants Plaintiff's request for leave to amend to add to the complaint claims for negligent misrepresentation, constructive fraud and/or abuse of process, presumably to correct the d...
2024.04.02 Motion for Reconsideration 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.04.02
Excerpt: ...ly, “Defendants”). The Court DENIES the motion for reconsideration. Background Plaintiff Edmond Durham (“Durham”) filed this action on May 16, 2022 against Defendants, alleging breach of contract related to a property that Plaintiff rented from Defendants. The parties entered a settlement of the matter outside of the presence of the court. (Swartz Decl. ¶¶ 3 -6; Exh. A.) The settlement agreement provides that Plaintiff would vacate the ...
2024.03.26 Motion for Attorney Fees 263
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.26
Excerpt: ...$4,050 in Kim's attorney's fees. Background This is a contract case. Plaintiff sued Love Vintage and Kim (collectively, “Defendants”) to recover on an account for materials that Love Vintage purchased from Plaintiff. The purchase contract provided that the prevailing party in litigation to enforce i t would be entitled to recover attorney's fees. Plaintiff alleged that Kim was the sole owner of Love Vintage and its alter ego. However, at tria...
2024.03.21 Motion to Compel Arbitration 850
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.21
Excerpt: ...Court GRANTS Defendant's motion to compel arbitration and STAYS this action pending the outcome of arbitration. The Court sets a status conference re arbitration for December 11, 2024 at 8:30 a.m. Background This is an employment case. Plaintiff was employed by Defendant for approximately 38 years until his termination. Plaintiff alleges that Defendant discriminated against him, harassed him, denied him pay, and eventually terminated him in retal...
2024.03.21 Motion for Summary Judgment, Adjudication 298
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.21
Excerpt: ... Company (“Zurich”) and as to the First Amended Complaint (“FAC”) filed by Plaintiff ACE Property & Casualty Insurance Company (“Ace”). Defendant also seeks summary adjudication as to each of Zurich's causes of action. The Court DENIES Defendant's motion for summary judgment against Zurich. The Court DENIES Defendant's motion for summary adjudication against Zurich. The Court DENIES Defendant's motion for summary judgment against Ace....
2024.03.20 Request for Default Judgment 563
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.20
Excerpt: ...of $244,035.77, consisting of: (a) damages in the amount of $222,275.00; (b) interest in the amount of $21,168.02; and (c) costs in the amount of $592.75; The Court GRANTS Plaintiff's request for default judgment. The Court will sign the proposed judgment submitted by Plaintiff. Background Plaintiff licenses seating at the Arena, a sports and entertainment venue in downtown Los Angeles. On October 26, 2021, Plaintiff and Defendant entered a licen...
2024.03.20 Request for Default Judgment 357
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.20
Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...
2024.03.19 Motion for Summary Adjudication 380
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.19
Excerpt: ...IES the motion for summary judgment. The Court DENIES the motion for summary adjudication. Background This is an employment case relating to Plaintiff's employment with Defendant. The following facts are taken from the parties' separate statements, referred to as “UMF” (Defendant's Undisputed Material Facts), “RUMF” (Plaintiff's Responses to Undisputed Material Facts), and “AUMF” (Plaintiff's Additional Material Facts). Defendant is a...
2024.03.14 Motion to Approve PAGA Settlement 238
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...
2024.03.14 Demurrer, Motion to Strike 136
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...
2024.03.14 Demurrer, Motion to Strike 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ...ant Eugene Seniura (“Eugene”) (collectively, “Cross-Defendants”) demurs to and move to strike portions of the Second Amended Cross- Complaint (“SACC”) filed by Defendant and Cross- Complainant Tammy P. Lang-Tanaka (“Defendant”) as Successor Trustee of the Benjamin M. Lang Trust of 2017 dated May 18, 2017 (the “BML Trust”). Defendant separately moves for leave to amend the SACC. The Court OVERRULES the demurrer with respect to ...
2024.03.14 Demurrer, Motion to Strike 033
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.14
Excerpt: ...he First Amended Complaint filed by Plaintiff Rlesia White (“Plaintiff”). Defendants additionally move to strike Plaintiff's prayer for punitive damages. The Court SUSTAINS the demurrer to the first, second, third, and fourth causes of action WITH LEAVE TO AMEND as to the Individual Defendants only. Plaintiff shall have twenty days to amend. The Court SUSTAINS the demurrer to the fifth, seventh, eighth, ninth, eleventh, thirteenth, and fourte...
2024.03.12 Motion to Strike 612
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.12
Excerpt: ...o avoid confusion). The Court DENIES Jay's motion to strike. Background Jay and Frank are brothers and business partners. Each of them owns 50 percent of the outstanding shares in Modernica, Inc. (“Modernica”). Jay filed this action against Defendants Frank and Modernica, Inc. (collectively, “Defendants”) on September 20, 2022, raising claims for (1) involuntary dissolution of Modernica pursuant to Corporations Code sections 1800 and 1804...
2024.03.12 Motion to Compel Compliance, for Sanctions 588
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.12
Excerpt: ...to provide Plaintiff with the text of the outstanding discovery requests and orders Plaintiff to provide supplemental responses within 30 days of receipt of the discovery requests. The Court DENIES the request for sanctions. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, a...

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