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2023.10.04 Motion for Default Judgment 731
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.04
Excerpt: ...nd On March 3, 2023, Plaintiff Ferguson Enterprises, LLC (“Plaintiff”) filed this action against Defendants Ho Kyung Lee and Hae Kyung Lee, as Trustees of the Lee Family Trust, and Union Lee Construction, Inc. (collectively, “Defendants”) for (1) foreclosure of mechanic's lien; (2) mechanic's lien release; (3) breach of contract; and (4) personal guaranty. On July 13, 2023, the clerk entered default judgment as to Defendants. On August 3,...
2023.10.03 Motion to Compel Further Responses 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ...ff” or “Orion”) filed a motion for an order (1) compelling Defendant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant” or “PGG”) to respond to Plaintiff's Special Interrogatories (Set One) in a legally compliant manner; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Def...
2023.10.03 Motion to Compel Further Discovery Responses 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ...ff's Request for Production of Documents (Set One), which he propounded on April 27, 2023. Plaintiff's motion is GRANTED in its entirety. The court imposes sanctions on Defendant in the amount of $2,497.50. Background On August 4, 2022, Plaintiff sued Defendant and eleven other entities and individuals for breach of fiduciary duty, fraud (in three iterations), conversion, quiet title, unfair business practices, partition by sale, and an accountin...
2023.10.03 Motion for Summary Judgment 060
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ...gle cause of action for breach of contract. Gosh and another party, BBB Operating CA-1, LLC (“BBB”), cross-complained against WM on May 1, 2023 for breaches of implied covenants of good faith and fair dealing appearing in BBB's lease contract and Gosh's guaranty, respectively. WM now moves for summary judgment or, in the alternative, summary adjudication as to the third through twenty-fourth and twenty-sixth through thirty-third affirmative d...
2023.10.03 Motion for Attorney Fees 974
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.03
Excerpt: ... Ara Tavitian, and Avedis Tavitian (“the Kanon Parties”) move for an award of attorneys' fees against cross-complainants Swing House Stages, Inc. (“Swing House”) and Genoveva Winsen (“Winsen”) (collectively “Cross-Complainants”) in the amount of $326,469.76. The Court DENIES the motion as to Cross-Complainant Genoveva Winsen. The Court GRANTS the motion as to Cross-Complainant Swing House Stages, Inc., but deferred for further bri...
2023.10.02 Motion to Compel Arbitration and Stay Proceedings 601
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.10.02
Excerpt: ...er 2, 2023 Calendar Number: 10 Defendants Weiss Accountancy Corporation, Weiss Accountancy LLP and Scott Weiss (“Defendants”) have moved to compel arbitration and stay proceedings. Defendants' Motion to Compel Arbitration and Stay the Action is GRANTED. The case management conference and informal discovery conference scheduled for today shall go off calendar. The Court sets a status conference regarding status of arbitration for June 28, 2024...
2023.09.28 Motion for Summary Judgment, Adjudication 588
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.28
Excerpt: ...Number: 4 Defendant Samuel Freshman (“Freshman”), who was sued both individually and as trustee of the S and A Freshman Trust, U/T/A 6/28/89 (hereinafter, the “Trust”). Freshman moves for summary judgment (or, in the alternative, for summary adjudication) as to the remaining claims in this case (the “Motion”). For the reasons explained below, the Court DENIES Freshman's Motion. Background Tatiana Solomon and her husband, Norman Solomo...
2023.09.26 Motion to Compel Responses, to Deem Facts Admitted 971
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ...ntiff) moves to compel initial responses from defendant FCA US, LLC (FCA) to her (1) form interrogatories, set one (2) special interrogatories, set one, and (3) requests for production of documents, set one, and to deem admitted the matters referred to in her requests for admissions (RFAs), set one. She also requests monetary sanctions. The motions to compel are DENIED as moot because FCA has belatedly served discovery responses to the discovery ...
2023.09.26 Motion to Compel IME 325
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ...ychiatric examination. Defendants' motion is DENIED without prejudice. Background On November 16, 2021, plaintiff Espino sued defendant SP Plus Corporation, her employer, and affiliated individuals Ernesto Cerna and Roberto Pacheco, alleging twelve causes of action: (1) disability discrimination, (2) religious discrimination, (3) failure to reasonably accommodate a disability, (4) failure to engage in an interactive accommodation process, (5) vio...
2023.09.26 Motion for Final Approval of Class Action Settlement 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ... On September 1, 2020, Plaintiff Alison Andrade (“Class Representative” or “Plaintiff”) filed a complaint against Defendant Urban Outfitters for wage and hour action allegations in violation of California State Law. The Complaint alleged (a) failure to accurately pay overtime wages, (b) failure to pay minimum wages, (c) failure to provide meal periods and failure to pay an additional hour's pay in lieu of providing a meal period, (d) fail...
2023.09.21 Demurrers, Motion to Expunge Lis Pendens 869
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ... Cross-Complainant, v. SONNY ASTANI, an individual; BONSALL PROPERTIES LLC, a California Limited Liability Company, and ROES 1 through 10, Cross-Defendants. Defendant Robert Seng demurs to Plaintiff Bonsall Properties LLC's complaint on the grounds that each cause of action fails to state a claim and is uncertain. The court sustains Defendant's demurrer with leave to amend. Plaintiff shall amend the complaint within 20 days. Background This actio...
2023.09.21 Motion for Leave to File SAC 925
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ...ions for the reasons explained below. Background On July 7, 2021, Plaintiffs Kevin Korosh Shahin (“Shahin”) and Azadeh Tadayon (“Tadayon”) (collectively, “Plaintiffs”), initiated this legal malpractice action against Defendants Fischbach & Fischbach and Joseph S. Fischbach (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on December 3, 2021, and it alleges the following causes of action: (1...
2023.09.21 Motion to Compel Production of Docs 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ...dant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant”) to produce documents in accordance with its prior statement of compliance in response to Plaintiff's Request for Production, Set One; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Defendant to provide further complete, veri...
2023.09.20 Pitchess Motion 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.20
Excerpt: ...045, the custodian of records must bring Connie Guzman's personnel records to this Court on September 26, 2023 at 10:00 a.m. for an in camera review. (People v. White (2011) 191 Cal.App.4th 1333, 1335.) The custodian of records must be prepared to give sworn testimony regarding the documents so produced, as well as testimony regarding any documents that are part of the personnel record that were not produced and the reasons they were not produced...
2023.09.19 Motion to Compel Arbitration, to Stay Action 079
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...ainst it. Thorson also asks that the action be stayed pending arbitration. Defendants Angel Salcido, Karina Patlan, Allynn Magnolia, Hector Melendes and Jose Alberto Loreto (“Individual Defendants”) filed a Joinder to Thorson's Motion to Compel Arbitration. Defendant Thorson's Motion to Compel Arbitration is granted. Defendant Thorson's request to stay this action pending completion of arbitration is granted. The action is stayed pending comp...
2023.09.19 Motion for Leave to File FAC 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...irst Amended Complaint within five (5) business days. Background Plaintiff Michael Bragar (Bragar) filed a Complaint against Defendants Christopher D. Mitchell, Westlake Capital Partners, Inc. dba Lexi Capital, Bitcoin Advizers LLC, and DOES 1 through 25, inclusive, alleging causes of action for (1) fraud; (2) fraudulent concealment; (3) negligent misrepresentation; (4) breach of contract and implied covenant of good faith and fair dealing; (5) c...
2023.09.19 Demurrer to FAC 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...intiff shall file a Second Amended Complaint within 20 days. SUMMARY OF ALLEGATIONS: 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 “Subject Property”). (First Amended Complaint, hereinafter, “FAC”, ¶ 2.) Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader...
2023.09.19 Demurrer 977
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...endants need not answer the First Amended Complaint until the stay is lifted. The Court sets a hearing regarding the status of Appeal No. B325296 for May 8, 2024 at 8:30 a.m. RELEVANT ALLEGATIONS: This action arises from a multi-vehicle collision on March 13, 2019 at or near the intersection of 7th Street and Wilson Street in Los Angeles. Plaintiff Marlon Mora was travelling eastbound on 7 th Street. While travelling westbound on 7 th Street, def...
2023.09.18 Motion to Challenge Clawback, to Compel Production of Appraisal, to Disqualify, to Seal 671
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.18
Excerpt: ...(“Plaintiff”) maintains are covered by the attorney work product doctrine. Defendant 7080 Hollywood (“Defendant”) maintains, by contrast, that the appraisals and related documents are not covered by this doctrine. 1. Defendant challenges Plaintiff's “clawback” and seeks an order that the documents with Bates numbers LW00002501 and LW00001114-1115 are not subject to the attorney-client privilege or the attorney work product doctrine. T...
2023.09.14 Special Motion to Strike 274
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...uant to Code of Civil Procedure section 425.16. Defendant's special motion to strike is GRANTED in its entirety. Defendant to give notice. Background Plaintiff Brachman sued defendants Sean Benaroya, Universal Construction & Remodeling, Inc., BV Industries, LC, and Jeffrey Aaron Cohen on June 8, 2023. He filed his operative first amended complaint (FAC) on July 18, 2023. Brachman alleges eight causes of action for (1) breach of written contract, ...
2023.09.14 Motion to Strike 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...he Amended Cross-Complaint she inadvertently filed on July 18, 2023. Cross-Complainant Lang-Tananka's Motion to Strike her Amended Cross- Complaint filed on July 18, 2023 is granted. Background On January 24, 2020, Plaintiff Susie Seniura filed this complaint as Trustee of the Ngook Quen Lang Trust of 2015 dated June 16, 2015 and as personal representative of the Estate of Ngook Quen Lang against Defendant Benjamin Lang alleging: (1) partition of...
2023.09.14 Motion to Stay Action Pending Completion of Arbitration Proceedings 769
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...April 13, 2023. That motion is now before the court. Plaintiff has filed no opposition, and defendant no reply. The court GRANTS defendant's motion and STAYS this action pending completion of arbitration proceedings or until further order of this court. A Status Conference Re: Arbitration is set for March 6, 2024 at 8:30 a.m. in Department 72 of the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles CA 90012. Legal Standard Under California an...
2023.09.14 Motion to Compel Arbitration and Stay Proceedings 744
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...ompel arbitration and stay proceedings is GRANTED. The Court sets a status conference to review the status of arbitration for April 3, 2024 at 8:30 a.m. Defendants give notice. Background Plaintiff Leeor 26 LLC (Plaintiff) filed a complaint against Defendants Nourafshan LLC, RIF Investments-2 LLC, David Nourafshan, Joshua Nourafshan, Jonathan Nourafshan, and Sophia Nourafshan, and DOES 1 through 25, inclusive alleging causes of action for (1) rec...
2023.09.13 Request for Entry of Default 391
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.13
Excerpt: ...oration. Plaintiff Glasswerks LA, Inc.'s request for entry of default judgment against Defendant Century Shower Door Co, Inc. dba Century Shower Door, a corporation is GRANTED. Background On February 15, 2023, Plaintiff Glasswerks LA, Inc. (Plaintiff) filed a complaint against Defendant Century Shower Door, Co, Inc. dba Century Shower Door, a corporation (Defendant), and DOES I through XX, inclusive, alleging causes of action for (1) breach of wr...
2023.09.12 Pitchess Motion 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ...ttorney served with this motion represents Connie Guzman, and how CHP knows that. Background of the Case This action arises out of a dispute involving the alleged improper dissemination of private videos belonging to Plaintiff, a former law enforcement officer previously employed with Defendant CHP. Defendants Melissa Hammond, Robert Ruiz, and Matt Lentz were purportedly involved in the alleged improper dissemination of Plaintiff's private videos...

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