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2024.03.08 Request for Default Judgment 020
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.03.08
Excerpt: ...ved Defendant. For service of the Defendant in Mexico, Plaintiff must utilize either the Hague Convention or the Inter -American Service Convention. The Court sets an OSC re service of process for July 10, 2024 at 8:30 a.m. to determine the status of Plaintiff's efforts to properly serve Defendant. Background This is a property dispute over the residence of Plaintiff and his wife, Maria Perez (“Maria”) (the Court uses first names only to avoi...
2024.02.29 Motion to Strike Attorney Fees 232
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.29
Excerpt: ...t Plaintiff may demand attorney's fees from the remaining defendants. Plaintiff may amend within 20 days to assert an attorney's fee claim against defendants other than New Era. Background This is a real property dispute. The following facts are taken from the allegations of the Complaint. Plaintiff and Defendant Janet Haywood (“Haywood”) are sisters. Haywood owned the real property located at 10427 S. Denker Avenue, Los Angeles, California 9...
2024.02.29 Demurrer 631
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.29
Excerpt: ...ing the resolution of Los Angeles Superior Court Case No. 23STCV21442. The Court sets a status conference for October 16, 2024 at 8:30 a.m. to discuss the status of Case No. 23STCV21442. Background This is an unlawful detainer case. The following facts are taken from the allegations and attached exhibits in Plaintiff's Complaint, except where otherwise noted. Plaintiff is the owner of real property that is legally described as “Lot 446 of Tract...
2024.02.29 Demurrer 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.29
Excerpt: ...C (“Plaintiff”). The Court OVERRULES Defendant's demurrer. Background This action arises out of the dispute of a lease agreement (the “Lease”). Kylale, LLC (“Plaintiff”) is the owner of real property located at 3138 W. Pico Blvd., Los Angeles, CA 90019 (the “Property”). Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader Food Service, Inc . (“FTL”). Plaintiff alleges that DAUM served as the ...
2024.02.22 Motion for Determination of Good Faith Settlement 209
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.22
Excerpt: ...iving Trust (collectively, “Plaintiffs”) and fellow Defendants L eo Pustilnikov (“Leo”) and Katherine Pustilnikov (“Katherine”) (all except for the City, collectively, the “Homeowners”) for equitable indemnity, apportionment, and declaratory relief. (The Court uses the Pustilnikovs' first names for clarity and means no disrespect.) The City separately moves to contest Plaintiffs' application for determination of good faith settlem...
2024.02.22 Anti-SLAPP Motion 942
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.22
Excerpt: ... Van Thrower (“Plaintiff”) under California's anti -SLAPP statu te, Code of Civil Procedure, section 425.16. Moving Defendants also demur to the Complaint and move to strike portions of the Complaint. The Court GRANTS the anti -SLAPP motion. The Court OVERRULES the demurrer as moot. The Court DENIES the motion to strike as moot. Background Plaintiff alleges that Defendants conspired to deprive him of any recovery in the wrongful death action ...
2024.02.20 Motion to Quash Service of Summons and Complaint 916
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ...Plaintiff, who is self -represented seeking reimbursement for services that he allegedly provided to Defendants. Defendants visited Los Angeles in February 2021 partially for the purpose of looking for a vacation home. (Le Decl. ¶ 8; Rivera Decl. ¶ 8.) Defendants rented a house through Airbnb and believed that Plaintiff was the owner of the home. (Le Decl. ¶ 9; River a Decl. ¶ 9.) Plaintiff offered Defendants numerous services, but Defendants...
2024.02.20 Motion for Judgment on the Pleadings 268
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ...and Ivonne Maltos (collectively, “Plaintiffs”). The Court DENIES Defendant's motion. Background This is a Lemon Law case. The following facts are taken from the allegations in the FAC. Plaintiffs purchased a vehicle (the “Subject Vehicle”) with a defective engine from Defendant. Plaintiffs allege that the type of engine installed in the Subject Vehicle had a propensity to suffer from a blockage of oil flow to the engine's moving parts, c ...
2024.02.20 Demurrer to FACC 607
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ... and Cross -Complainant PRBC VII Limited Partnership (“PRBC”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND. Background Plaintiff Lee & Associates Investment Services Group, Inc. (“Plaintiff”) alleges that it entered into a commission agreement (the Commission Agreement) with Defendant Phillips Ranch Development, LLC (“PRD”). The Commission Agreement provided that Plaintiff was entitled to commissions for the leasing by PRD,...
2024.02.15 Motion to Compel Arbitration 056
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.15
Excerpt: ...The parties shall arbitrate the claims at issue in this case. The case is stayed pending arbitration. The Court sets a status conference for November 4, 2024 at 8:30 a.m. to discuss the status of the arbitration Background This action arises out of Plaintiff's employment with Slate. Slate employed Plaintiff from July 8, 2017 to July 22, 2021. Plaintiff alleges that Andrew Doe (“Andrew”), a supervisor, harassed her and made racially discrimina...
2024.02.15 Demurrer 399
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.15
Excerpt: ...up LLC (“914”), Clara Industrial Holding LLC (“Clara”), Euro -Cuisine Inc. (“Euro -Cuisine”), and Westlake Spring, LLC (“Westlake”) (collectively, “Defendants”) demur to the complaint filed by Plaintiff Jaleh Elghanian (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND with respect to Plaintiff's fifth and sixth causes of action. The Court SUSTAINS the demurrer as to Plaintiff's seventh and eighth causes of...
2024.02.13 Motion for Attorney Fees 487
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.13
Excerpt: ...sed of $29,330.50 in attorney's fees and $7,564.76 in costs. Defendant shall make this payment to Plaintiff's counsel within 30 days of this order. Background This is a Song-Beverly Action. On July 27, 2023, the parties agreed to settle this case when Plaintiff accepted Defendant's July 27, 2023 offer to compromise under Code of Civil Procedure, section 998. The parties settled for the amount of $162,420.00 in exchange for the surrender of the su...
2024.02.13 Motion for Summary Judgment, Adjudication 666
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.13
Excerpt: ...mary judgment against Plaintiffs Tamara Khachatryan and Edik Marcarian (collectively, “Plaintiffs”). In the alternative, Defendants move for summary adjudication of each of Plaintiff's remaining causes of action. The Court GRANTS Defendant's motion. Background This is a medical malpractice action. Plaintiff Khachatryan has a congenital condition called Congenital Adrenal Hyperplasia (“CAH”) that causes high levels of progesterone producti...
2024.02.08 Motion for Summary Judgment 636
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.08
Excerpt: ...tiff's causes of action and Plaintiff's prayer for punitive damages. The Court DENIES Defendant's motion for summary judgment. The Court GRANTS Defendant's motion for summary adjudication as to Plaintiff's third, fourth, and twelfth causes of action. The Court DENIES summary adjudication as to the remaining causes of action. The Court DENIES Defendant's motion for summary adjudication as to punitive damages. Background This action arises out of P...
2024.02.08 Motion for Preliminary Injunction 720
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.08
Excerpt: ...aria Grado and Bob and Me Productions, Inc. DBA The Lemon Leaf (collectively, “Plaintiffs”) enjoining their continued presence at Antelope. The Court DENIES Antelope's motion for a preliminary injunction. Background This case concerns Plaintiffs' work as food service contractors for Antelope, a country club. On July 23, 2020, the parties entered a contract (the “Agreement”) whereby Plaintiffs provided food services for Antelope. Plaintiff...
2024.02.07 Request for Default Judgment 947
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.07
Excerpt: ...ent in the amount of $1,253,317.83, consisting of: (a) damages in the amount of $891,244.23; (b) prejudgment interest in the amount of $62,387.10; (c) costs in the amount of $1,149.00; (d) attorney's fees in the amount of $48,537.50; (e) civil penalties in the amount of $250,000.00. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiffs may submit a Form CIV- 100, provide complete evidence for his damages, provide complet...
2024.02.07 Motions in Limine 090
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.07
Excerpt: ...or is able to award no damages if the evidence supports such an award. 2. Plaintiff's MIL No. 2: Denied. Defendant is permitted to put on brief evidence of its non-profit status as basic identifying information. 3. Plaintiff's MIL No. 3: Denied. Plaintiff's decision to leave a previous hospital against medical advice may be relevant to issues of causation and damages. 4. Plaintiff's MIL No. 4: Denied. While the Court will not allow either party t...
2024.02.06 Motion to Compel Deposition of PMK 722
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.06
Excerpt: ...oduction of subpoenaed documents. The Court GRANTS Plaintiff's motion IN PART, as set forth below. Defendant shall produce a responsive PMK for deposition and responsive documents within 30 days of the issuance of this order. The responsive documents must in any event be produced by the date and time of the deposition. Background This is a Song-Beverly Act action. Plaintiff purchased a new vehicle (the “Subject Vehicle”) manufactured by Defen...
2024.02.06 Demurrer, Motion to Strike 503
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.06
Excerpt: ...Mario Vasquez Gallegos (“Plaintiff”). Defendant also moves to strike Plaintiff's prayer for punitive damages and related allegations. The Court SUSTAINS Defendant's demurrer as to the eighth cause of action WITHOUT LEAVE TO AMEND. The Court GRANTS Defendant's motion to strike WITH LEAVE TO AMEND. Plaintiff may amend the complaint with respect to the punitive damages claim within 20 days of this order. Background This action concerns Plaintiff...
2024.02.06 Demurrer 540
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.06
Excerpt: ...e Court specifically requests argument on the fifth cause of action for malicious prosecution. Background This action arises out of a small protest that Plaintiff attended outside the house of Marqueece Dawson, a member of the Los Angeles City Council. The following facts are taken from the allegations in Plaintiff's complaint. On December 15, 2020, around 8:10 a.m., Plaintiff and several other protestors arrived outside Dawson's house to picket....
2024.02.01 Motion to Strike 656
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.01
Excerpt: ... ninth, tenth, twelfth, thirteenth, fourteenth, and fifteenth causes of action (the “Disputed Counts”) of the First Amended Complaint (“FACC”) filed by Defendants and Cross-Complainants BDI, Inc. (“BDI”) and Matthew Budoff (collectively, “Cross-Complainants”). The Court GRANTS Cross-Defendants' motion. Background Defendant BDI developed intellectual property protected by multiple patents for the purpose of measuring bone density. ...
2024.02.01 Motion to Strike 469
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.01
Excerpt: ...IES Littleton's motion. Background Plaintiff alleges that Defendants Brittany Littleton and Little Love Rescue (“Little Love”) (collectively, “Defendants”) unlawfully took away his dog Luna. The Court takes the following information from the evidence submitted by the Littleton. On January 24, 2020, non-party Shayla McGhee came across a row of tents along Aaron Street in Los Angeles, where Plaintiff was living. McGhee engaged in light conv...
2024.02.01 Motion for Summary Judgment, Adjudication 882
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.01
Excerpt: ...ffs”). In the alternative, Defendant seeks summary adjudication on each cause of action and on Plaintiff's prayer for punitive damages. The Court DENIES Defendant's motion. Background This is an insurance dispute. Plaintiffs obtained a homeowners insurance policy (the “Policy”) from Defendant on March 12, 2021. (Undisputed Material Fact (“UMF”) 1.) In August 2021, Plaintiffs were the victims of a home burglary, which they reported to De...
2024.01.31 Motion for Attorney Fees 829
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.31
Excerpt: ...ests: (1) legal fees in the amount of $17,856.00; (2) costs of litigation in the amount of $844.15; (3) a permanent injunction requiring Defendants to cease renting their property within Plaintiff homeowner association for terms of less than 30 days; remove their property's listing from AirBnB; and submit a copy of any rental or lease agreement along with a completed Owner/Resident Information Form to Plaintiff within 48 hours of the beginning of...
2024.01.30 Motion to Compel Further Responses 134
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.01.30
Excerpt: ... The Court GRANTS Plaintiff's motion. The Court orders Defendant to provide, within 30 days of this order, (1) full and complete further responses and responsive documents to Defendant's Requests for Production (“RFP”) Nos. 13-16 and 34-35. However, Defendant shall not be required to search for emails responsive to RFP Nos. 34 and 35. The Court GRANTS Plaintiff's request for attorney's fees and costs in the amount of $2,004.15. Defendant shal...

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