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2023.09.12 Motion for Determination of Good Faith Settlement 404
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ... Walla (collectively “Plaintiffs”). Defendant Carmela Martinez's motion for good faith settlement is GRANTED. Background Plaintiffs bring this action against Defendants Amguard Insurance Company and Carmen Martinez, alleging causes of action for breaches of contract, breach of the implied covenant of good faith and fair dealing, and negligence. Legal Standard In any action in which two or more defendants are joint tortfeasors, a “good faith...
2023.09.12 Motion for Approval of PAGA Settlement 245
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ...t between Plaintiff and Defendants Praesidium Diagnostics LLC, Sameday Health Inc., Sameday Technologies Inc., Felix Huettenbach (collectively, “Defendants”) for all claims Plaintiff brought in this action against the Defendants under the California Private Attorneys General Act (“PAGA”). The motion for approval of the PAGA settlement is GRANTED. Background Plaintiff, individually and on behalf of other aggrieved employees pursuant to the...
2023.09.12 Demurrers, Motion to Strike 342
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ... Negligence is overruled. Defendant Granite to answer in 20 days. The Court notes no opposition was filed. (2) Defendant Lifetime Home Builders, Inc. (“Lifetime”) demurs to the Second Cause of Action for Intentional Misrepresentation and the Third Cause of Action for Negligence. Defendant Lifetime Home Builders, Inc.'s Demurrer to the Second Cause of Action for Intentional Misrepresentation is SUSTAINED WITH 10 DAYS LEAVE TO AMEND and to the ...
2023.09.07 Motion to Stay Present Action 480
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...s GRANTED. Background Plaintiff Raymond LaPierre (“Plaintiff”) initiated this action on February 6, 2023 against Defendant Cacique Foods, LLC (“Defendant”) alleging 16 causes of action for individual wage and hour violations, a claim under the Private Attorneys General Act (“PAGA”), retaliation and wrongful termination. On April 21, 2023, Defendant filed its answer. Thereafter, on April 24, 2023, Plaintiff filed a First Amended Compla...
2023.09.07 Motion to Compel Responses 649
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...nts. Based on Defendant Washington Square Management, LLC's failure to provide code compliant responses, Plaintiff Fidelity National Title Insurance Company requests an order pursuant to Code of Civil Procedure section 2031.310 compelling Defendant Washington Square Management, LLC to provide further responses to Plaintiff Fidelity National Title Insurance Company's Requests for Production of Documents, Set Five, Request Nos. 126, 131, and 132. P...
2023.09.07 Motion to Compel Depositions, for Sanctions 493
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...within 20 days of the hearing of this motion. Coast National's Request for Sanctions is GRANTED in the amount of $1,080. Plaintiffs shall pay this amount to Coast National's counsel within 20 days of the hearing on this motion. Background On April 1, 2021, Plaintiffs Melita Suazo (“Suazo”) and Pearl Campos (“Campos”) (collectively, “Plaintiffs”) filed a Complaint against Defendants Hollywood's Auto Insurance Services, Inc. (“Hollywo...
2023.09.07 Motion for Relief from Default Judgment and to Quash Service of Summons 349
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...ton for relief from default judgment and to quash service of summons is granted. Background On July 19, 2021, Plaintiff Fallon Seaborn ("Plaintiff") sued Defendant Wilshire Consumer Credit of Los Angeles ("Defendant") for actions that arose out of a purported agreement. Defendant did not answer or otherwise appear in the action. On June 3, 2022, the Court entered default judgment against Defendant. On March 3, 2023, Defendant moved for relief fro...
2023.09.07 Motion for Leave to File SACC 829
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ... replied. The Court GRANTS the motion. Cross-Complainants must file and serve the proposed SACC within five days of the date of this order. To the extent that Plaintiff wishes the Court to extend the trial date, the Court will do so. Background of the Case This action arises out of a boundary dispute. Plaintiff filed this action on July 7, 2022, alleging causes of action for quiet title, trespass, private nuisance, negligence/negligence per se, a...
2023.09.07 Demurrer 698
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...d of the Case This action arises out of a dispute concerning the collection of certain debts. Plaintiff alleges Defendant engaged in various unlawful debt collection practices in connection with a debt Plaintiff purports he does not owe. Plaintiff filed this action on June 26, 2023, alleging causes of action against Defendant for violations of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788 et seq., and Unfair Competition...
2023.09.05 Special Demurrer 616
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.05
Excerpt: ...aint of Plaintiff Anitria Michelle Tomlin (“Plaintiff”). Defendants' Demurrer is sustained with leave to amend as to the first cause of action for violation of Labor Code § 1102.5. Defendants' Demurrer is sustained with leave to amend as to the second cause of action for intentional infliction of emotional distress. Defendants' Demurrer is sustained with leave to amend as to the third cause of action for conspiracy. Defendants' Motion to Str...
2023.09.05 Demurrer 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.05
Excerpt: .... Defendant Vie De Serenity's Demurrer is OVERRULED. Defendant Dung Quoc Tran's Demurrer is OVERRULED. Defendant Craig Wong's Demurrer is OVERRULED. Defendant Ward-Schurr, Inc.'s Demurrers is OVERRULED. Defendants shall answer within 20 days. Plaintiff's complaint is not clearly and affirmatively barred by the 3-year statute of limitations under CCP §338(d). Plaintiff alleges he only discovered Defendants' fraud in March 2019. (FAC, ¶31.) The c...
2023.08.31 Motion for Leave to File Amended Complaint 871
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.31
Excerpt: ...Amended Complaint for Damages. Plaintiffs Teodora Vasquez; Gladys Perez; and Scarlett Vasquez (collectively, “Plaintiffs”) move for leave to file an amended complaint (“FAC”) against Defendants Avalon Center Apartments LLC and Royal LLC (“Defendant”). The FAC will reinstate the causes of action for breach of contract, negligence, and intentional infliction of emotional distress. (Mot., at 1:9-11.) A demurrer was sustained as to these ...
2023.08.31 Motion for Summary Judgment 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.31
Excerpt: ...ties. On August 17, 2023, Plaintiff Doris Peniche (“Plaintiff”) opposed the motion. On August 25, 2023, Defendants replied. The Court DENIES the motion for summary judgment. 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 Len...
2023.08.31 Motion to Strike, to Compel Filing of Acknowledgement of Partial Satisfaction of Judgment 482
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.31
Excerpt: ...ff is ordered to pay $3,382.00 in attorney's fees and damages to Defendant Specialized Loan Servicing Inc., pursuant to Code of Civil Procedure §§ 724.070, 724.080. Plaintiff shall make this payment within 30 days of this order. On October 9, 2018, Plaintiff Sergio Larios brought this action against Defendant Specialized Loan Servicing (“SLS”). The Third Amended Complaint contained causes of action for (1) violation of the California Consum...
2023.08.29 Motion to Dismiss Action for Forum Non Conveniens 332
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.29
Excerpt: ...on based on Forum Non Conveniens. The Court GRANTS Defendants' Motion to Dismiss the action for Forum Non Conveniens. Background This is an action arising out of Dr. Nima Astaraee's role as a limited partner and BXK Capital's role as a general partner in the Nova Fund governed by Delaware Revised Uniform Limited Partnership Act and a limited partnership agreement (“LPA”) where both parties agreed to be bound by the LPA's forum selection claus...
2023.08.29 Motion to Compel Arbitration 848
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.29
Excerpt: ...s Amparo Valencia and Daniel Valencia (collectively, “Plaintiffs”) filed this action against Defendant Nissan North America, Inc. (“Defendant”), alleging causes of action for breach of the implied warranty of merchantability under the Song-Beverly Act and breach of express warranty under the Song-Beverly Act in connection with a vehicle manufactured by Defendant that Plaintiffs purchased from a third-party car dealer on June 24, 2018. On ...
2023.08.29 Motion for Attorney Fees 614
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.29
Excerpt: .... Plaintiff's request for an enhancement is DENIED. Background This is an action brough under the Song-Beverly Act by Plaintiff Edward Herreres Jr. (“Plaintiff”) against Defendant General Motors LLC (“Defendant”). The parties agreed to settle on May 3, 2023 when Plaintiff accepted Defendant's Code of Civil Procedure section 998 offer to repurchase Plaintiff's 2021 Chevrolet Silverado and have Plaintiff's attorneys' fees and costs determin...
2023.08.29 Demurrer 442
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.29
Excerpt: ...USTAINED WITH LEAVE TO AMEND. The demurrer to the Seventh and Eight causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the Ninth, Tenth, and Eleventh causes of action WITH LEAVE TO AMEND. Plaintiff shall amend within 10 days. SUMMARY OF ALLEGATIONS: Plaintiff's Complaint asserts causes of action for: 1) Discrimination in Violation of the FEHA; 2) Hostile Work Environment; 3) Retaliation in Violation of the FEHA; 4) Failure to P...
2023.08.25 Motion for Default Judgment 731
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.25
Excerpt: ...ees 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, Plaintiff filed a default judgment package. Discussion Plaintiff requests $39,264.26 in damages, $4,162.40 in interest, $946.03 in costs, and $1,...
2023.08.24 Pitchess Motion 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.24
Excerpt: ...s, and that the scope of any such deposition, examination, or interrogatories, if permitted, be limited. On May 31, 2023, Plaintiff Doris Peniche (“Plaintiff”) opposed the motion for protective order. On June 5, 2023, Plaintiff replied. On May 19, 2023, CHP also filed a Pitchess motion for disclosure and use of Plaintiff's personnel records in support of its motion for protective order and for preparation of its defense. On May 31, 2023, Plai...
2023.08.24 Motions in Limine 741
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.24
Excerpt: ... A. MIL 1 (stipulated): Granted. Trial attorneys shall not make reference in the presence of jurors, prospective jurors or witnesses to liability insurance coverage, insurance companies, or corporate structure or ownership of financial status of any defendant. Reasonable exceptions shall apply if a prospective juror works or worked for an insurance company. B. MIL 2 (stipulated): Granted. There shall be no reference before the jurors or prospecti...
2023.08.24 Motion to Deem RFAs Admitted, for Monetary Sanctions 810
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.24
Excerpt: ...dants have failed to oppose the motions. The Court grants the motion in full. The Court deems both sets of requests for admission served by Plaintiff admitted. The Court grants Plaintiff's request for award of monetary sanctions against Defendant Hernandez Carpet Brokers, Inc. in the amount of $4,110.00, payable within 30 days. The Court grants Plaintiff's request for award of monetary sanctions against Defendant Jobsource Downey in the amount of...
2023.08.24 Motion for Terminating Sanctions 151
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.24
Excerpt: ...ake place within the next two weeks, will be in person or by video conference and will last a minimum of two hours or until agreement is reached. There has been an undue amount of discovery issues in this case. There are an undue number of discovery motions scheduled. The Court is available to conduct an Informal Discovery Conference if issues arise that cannot be resolved in the meet and confer. Background On March 30, 2021, Plaintiffs La-Leeya ...
2023.08.24 Motion for Summary Judgment, Adjudication 192
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.24
Excerpt: ...er 542 of Request for Production of Documents, Set Six, and DENIES as to all other requests therein. Defendant shall provide a supplemental response to Request Number 542 and all responsive documents within 30 days. The Court also DENIES the parties' respective requests for monetary sanctions. BACKGROUND On November 24, 2022, Plaintiff Jeffrey Qiuhong Yang (“Plaintiff” or “Yang”) filed the initial complaint in this action. On January 13, ...
2023.08.24 Motion for Protective Order with Appointment of Judicial Referee 706
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.08.24
Excerpt: ...th denied. Both parties are admonished to behave professionally and civilly during depositions. Failure to abide by these fundamental rules may lead to the imposition of sanctions. Moreover, defense counsel made a single disruptive speaking objection in the deposition and a single improper instruction not to answer and is admonished to refrain from doing so in future depositions. There have been an undue number of discovery disputes in this actio...

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