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2024.04.11 Motion for Summary Judgment, Adjudication 628
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.11
Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: April 11, 2024 Moving Party: Defendant Philip Michels, et al. Responding Party: Plaintiff Stanley Orwasher Motion for Summary Judgment or, in the alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. The motion is DENIED. Background On October 26, 2022, Plaintiffs Stanley Orwasher, individually and the Estate of Ph...
2024.04.11 Demurrer to FAC, Motion to Strike 229
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.11
Excerpt: ...rike The court has considered the moving, opposition, and reply papers. The court SUSTAINS William Rawlings' demurrer to the third and sixth causes of action of the First Amended Complaint, with 20 days leave to amend. The court SUSTAINS William Rawlings' demurrer to the fifth cause of action of the First Amended Complaint without leave to amend. The Motion to Strike is MOOT because the court sustained the demurrer with leave to amend as to the t...
2024.04.10 Motion to Compel Responses, to Deem RFAs Admitted 856
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.10
Excerpt: ...Admitted Requests for Admission (Set One) (3) Motion to Compel Responses to Form Interrogatories (Set One) (4) Motion to Compel Responses to Special Interrogatories (Set One) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Special Interrogatories (Set One). The court orders defendant Bolsabuy, Inc. to serve verified responses, without objections , to Special Interrogat...
2024.04.10 Motion for Judgment on the Pleadings 568
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.10
Excerpt: ...on the Pleadings The Court has considered the moving, opposition, and reply papers. The Court DENIES Defendant's Motion for Judgment on the Pleadings. Background Plaintiff R.K. filed this action against Defendant on May 19, 2022. The operative First Amended Complaint alleges causes of action for negligence and negligent hiring, training, and supervision, based on childhood sexual abuse while under the care of Defendant. Legal Standard A motion fo...
2024.04.09 Motion to Site Inpsection 606
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.09
Excerpt: ...n The court has considered the moving papers. No opposition has been received. The court GRANTS Defendant Mission Critical Restoration Services, Inc. dba Servpro of Torrance's motion for site inspection. The site inspection of Plaintiffs' premises shall occur within 30 days of this Order. Also, the court GRANTS the request for monetary sanctions against Plaintiffs and their attorney of record, jointly and severally, in the reduced amount of $622....
2024.04.09 Motion to Compel Further Responses 940
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.09
Excerpt: ...r Responses to RFPs (Set One) (2) Motion to Compel Further Responses to RFPs (Set Two) (3) Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply, as well as the parties' Joint Statement. Plaintiff's Motion to Compel Further Responses to RFPs (Set One) is GRANTED as to RFP Nos. 28 -34 and DENIED as to RFP Nos. 1- 27. Plaintiff's Motion to Compel Further Responses to RF...
2024.04.09 Motion to Compel Compliance with Subpoena Duces Tecum 691
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.09
Excerpt: ...position has been received. The court GRANTS Defendants' motion to compel compliance with subpoena duces tecum. Specialty Eye Center is ordered to produce the requested documents within twenty (20) days of this Order. Background This is a legal malpractice case. Plaintiff Lisa Berberian filed this action on October 5, 2022 against defendants Stephan Filip P.C. and Stephan Airapetian, alleging causes of action for (1) Professional Negligence; (2) ...
2024.04.05 Motion to Tax Costs 082
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.05
Excerpt: ...NIES in part Plaintiff's motion to tax costs. The court taxes Defendant Mueller's memorandum of costs in the amount of $5,500. Thus, the court awards Defendant Mueller costs in the reduced amount of $9,760.71. Background On April 21, 2021, Plaintiff John Ploense (“Plaintiff”) initiated this action against Defendants Timothy Mueller (“Mueller”) and Abxtract Tattoo LLC, alleging the following causes of action: (1) negligence; (2) breach of ...
2024.04.04 Motion for Final Approval of Class Action Settlement 361
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.04
Excerpt: ... Aldibert Esteban, Maisha Sykes, Deborah Berens, and Linda Hinkley Responding Party: None Motion for Final Approval of Class Action Settlement and Provisional Certification of Class The Court has considered the moving papers and supplemental briefing. No opposition was received. The Court GRANTS Plaintiffs' motion for final approval of class action settlement. Counsel is awarded $8,000,000 in fees and $60,000 in costs. The administrator is awarde...
2024.04.03 Motion to Compel Responses 424
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.03
Excerpt: ...dena Responding Party: None (1) Cross- Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena's Motion for Order to Compel Cross- Complainant Cunningham and Guerra Enterprises, Inc dba Guerra-Cunningham -Bagues Funeral Directors' Responses to Request for Production of Documents, Set One (2) Cross- Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena's Motion for Order to Compel Cross- Complainant Cunningham and Guerra Ente...
2024.04.02 Motion to Continue Trial 526
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.04.02
Excerpt: ... moving papers, opposition, and reply. Defendant Robert O'Neill's Motion to Continue Trial is DENIED. Background This case stems from allegations for breach of contract and money owed. On February 1, 2019 CR&R Incorporated (Plaintiff) entered into an Asset Purchase Agreement whereby the assets of a separate company – United Pacific Waste – were acquired. (Complaint, ¶ 7.) Included in these assets was a contract where United Pacific Waste pro...
2024.03.29 Demurrer 986
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.29
Excerpt: .../2024 Hearing date: 03/29/2024 Moving Party: Defendants Lucky's Two- Way Radios, Inc.; Buddy Corporation; and James A Kay Jr. Responding Party: Relator Frank J. Cannata Defendant's The Court considered the moving papers, opposition, and reply. Defendants' Demurrer to Relator's First Amended Complaint is SUSTAINED with 20 days leave to amend. Background This case stems from accusations of insurance fraud. On February 1, 2021, Frank J. Cannata (Rel...
2024.03.29 Motion to Compel Further Responses 628
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.29
Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: March 29, 2024 Moving Party: Defendant Philip Michels Responding Party: Plaintiffs Stanley Orwasher and Estate of Phyllis Orwasher Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED, further responses in 20 days. The request for sanctions is also GRANTE...
2024.03.28 Motion for Summary Judgment, Adjudication 795
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.28
Excerpt: ... Deutsche Bank National Trust Company, as trustee for Soundview Home Loan Trust 2006- OPT 3, Asset Backed Certificates, Series 2006-OPT 3, Western Progressive, LLC, Owen Loan S ervicing, LLC, Power Default Services, Inc., Brandy Berns, and Vicki Pospisil, and Defendant Sand Canyon Corporation fka Option One Mortgage Corporation Responding Parties: Plaintiff Ron Hacker, as Successor Trustee for 1713 Stearns Laverne Family Trust, dated August 1, 20...
2024.03.28 Motion for Attorney Fees 386
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.28
Excerpt: ... None Motion for Attorneys' Fees The Court considered the moving papers. The motion is GRANTED in the amount of $129,341.25. Background On July 1, 2021, Plaintiffs Sophie Goodis and Natalie Goodis (“Plaintiffs”) filed the operative Complaint against Defendant Eric Mizrahi, individually and as trustee of the Brigitte Mizrahi 2019 Irrevocable Life Insurance Trust (“Defendant Mizrahi”); and D OES 1-25, for (1) Breach of Fiduciary Duty; (2) C...
2024.03.27 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration 601
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.27
Excerpt: ...gs Pending Arbitration The Court has considered the moving, opposition, and reply papers. The motion is GRANTED. Background This is an action arising from Plaintiff Bianca Villalpando (“Plaintiff”) being wrongfully terminated and subject to discriminatory actions during her employment with Defendant Nationstar Mortgage LLC (“Nationstar”). On October 31, 2023, Plaintiff filed a Complaint against Defendants Nationstar, Jennifer Ruiz, Elizab...
2024.03.26 Motion to Strike 667
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.26
Excerpt: ...cable Living Trust (“Tuggle”), and Robert Conrad; and Responding Party: None Demurrer without Motion to Strike to Cross- Complaint The court considered the moving papers. No opposition has been filed. The court OVERRULES in part Cross-Defendants' demurrer to the first through fifth causes as moot and SUSTAINS in part the demurrer as to the sixth, seventh, eighth, tenth, and eleventh causes of action. Kamath is granted leave to amend only as t...
2024.03.26 Motion to Seal 463
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.26
Excerpt: ...arty: None. Motion to Seal The Court considered the moving papers. The motion is GRANTED. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto -Wade LLC dba Golden State Cider (“Defendant”), and DOES 1 -10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On November 13, 2023, De...
2024.03.21 Demurrer 880
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.21
Excerpt: ...E] RULING Action Filed: 03/03/2022 2nd Amended Complaint Filed: 06/05/23 Trial Date: 10/14/2024 Hearing date: March 21, 2024 Moving Party: Los Angeles County Responding Party: Plaintiffs Demurrer The Court considered the moving papers, opposition, and reply. The Demurrer is SUSTAINED with leave to amend. I. BACKGROUND a. Factual Plaintiffs allege that Ericka Rosal enrolled her four children (A.B., C.D., E.F., and G.H.) in the Pathways LA and Path...
2024.03.19 Motion to Tax Costs 899
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.19
Excerpt: ... Defendant's motion to tax costs is GRANTED in the amount of $757,251.09 and DENIED as to all other amounts. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Mercedes E 350 on Aug...
2024.03.18 Motion to Strike 483
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.18
Excerpt: ...er The Court considered the moving papers, opposition, and reply. The motion is GRANTED without Leave to Amend . Background On September 18, 2023, Plaintiff Michael Sokoloff (“Plaintiff”) filed the operative Complaint against Defendants City of La Habra Heights; Fabiola Huerta; and DOES 1 -100 (“Defendants”), inclusive for: (1) Labor Code § 1102.5 et seq ; (2) Intentional Interference With Contractual Relations; and (3) Intentional Infli...
2024.03.18 Motion to Compel Arbitration and Stay Proceedings 211
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.18
Excerpt: ...OTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Action Filed: 11/17/23 Trial Date: Not Set Hearing date: March 18, 2024 Moving Parties: Defendants WEST VALLEY POST ACUTE, WEST VALLEYIDENCE OPCO, LLC dba WEST VALLEY POST ACUTE, PROVIDENCE GROUP, INC., PROVIDENCE GROUP NORTH, LLC, and PROVIDENCE ADMINISTRATIVE CONSULTING SERVICES, INC. Responding Party: Plaintiff Thomas Trent Motion to Compel Arbitration The Court has considered the moving, opposi...
2024.03.13 Motion to Compel Responses 997
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.13
Excerpt: ... 9854) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Plaintiff's first set of Special Interrogatories. The court orders Defendant Kristina Rozina Bonhomme to serve verified responses, without objections, to first set of Special Interrogatories, within 30 days of the date of this ruling. The court GRANTS Plaintiff's request for monetary sanctions against Defendant Kri...
2024.03.13 Motion for Summary Judgment, Adjudication 508
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.13
Excerpt: ..., Summary Adjudication The Court considered the moving papers, opposition, and reply. The Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication is GRANTED as to the 6 th cause of action for negligent hiring and supervision. The Motion for Summary Adjudication is DENIED as to all other remaining causes of action and issues, including punitive damages. Background Plaintiff worked for Defendants in the LA Dumpster Rental locatio...
2024.03.13 Demurrer to FAC 008
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.13
Excerpt: ...er to FAC The court considered the moving, opposition, and reply papers. The court SUSTAINS Defendant's demurrer to the single cause of action of the FAC, with 20 days leave to amend. Background Plaintiffs DelMorgan Group, LLC and Globalist Capital, LLC (collectively “Plaintiffs”) filed this action on March 22, 2022 against Defendant Australis Capital, Inc. (“Defendant” or “Australis”), asserting two causes of action for (1) Breach of...

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