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2024.04.05 Motion to Deem RFAs Admitted 886
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.04.05
Excerpt: ...MARY OF ACTION On January 15, 2024, Plaintiff Raul Gutierrez (Plaintiff) served Defendant Hector Vidal -Ramirez (Defendant) with Requests for Admissions, Set One. Defendant's responses were due on February 16, 2024. On January 29, 2024, defense counsel requested a 14 -day extension to the deadline. Based on the extension, verified responses were due on March 1, 2024. On February 16, 2024, Defendant served unverified answers without objections to ...
2024.04.05 Demurrer, Motion to Strike 952
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.05
Excerpt: ... Intent to Perfor m 5. Breach of Oral Contrac t 6. Accountin g 7. Defamatio n 8. Injunctive Relie f * Big Battery fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that Big Battery is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Big Battery is demurring to the 2 nd, 5 th, 7 th and ...
2024.04.05 Motion for Preliminary Injunction 240
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.04.05
Excerpt: ...ired. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 841...
2024.04.05 Motion for New Trial 180
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.04.05
Excerpt: ...ed the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant Ocean Avenue, LLC's evidentiary objections to the declaration of Allison Cervantes, filed on March 6, 2024, as follows: Objection No. 2 is overruled. Objection No. 3 is sustained. The court rules on defendant Ocean Avenue, LLC's evidentiary objections to the declaration of Stephen O'Kane, filed on March 6, 2024, as...
2024.04.05 Motion for Leave to Amend 544
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...nt's willful decision to drive above the speed limit and c ontinue operating his vehicle with knowledge that the vehicle would “slide” and lose control when he applied his brakes. Plaintiff's Motion is made pursuant to Code of Civil Procedure sections 473, subdivision (a)(1), and 576 on the following grounds: • Plaintiff deposed Defendant on January 31, 2024. There, Defendant testified that immediately before the collision, his vehicle “s...
2024.04.05 Motion for Determination of Good Faith Settlement 751
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.04.05
Excerpt: ...0 on Interstate 5 in Los Angeles. The accident occurred when a vehicle owned by Bekins A -1 Movers, Inc. and driven by Jorge Salcido collided with Plaintiffs' vehicle. The Bekins vehicle allegedly made an unsafe lane change after colliding with another vehicle driven by Moises Medina and owned by Mayelyn Swayze. Plaintiffs als o claim damages from being rear-ended by a vehicle driven by Mario Ulloa and owned by Maria Ulloa. On December 12, 2023, ...
2024.04.05 Motion for Determination of Good Faith Settlement 014
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.04.05
Excerpt: ...y encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On March 2, 2022, Plaintiff Roland Esparza filed the operative Second Amended Complaint (“SAC”) against Defendants Conagra Brands, Inc., The Vons Companies, Inc., and Does 1 -50 for (1) Strict Product Liability —Manufacturing Defect, (2) Strict Product Liabi lity— Design Defect, (3) Strict Product Liability —Failure to Warn, (4) Negligence, and ...
2024.04.05 Motion for Attorney Fees 995
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...c)(5) and applicable ca se law on the ground that Plaintiff is entitled to recover their attorney fees incurred as an element of costs pursuant to the Contract and Guaranty. The Motion will be based on this Notice, the Memorandum of Points and Authorities, the Declaration of Todd S. Garan filed concurrently herewith, the complete files and records on file herein and upon such other and further oral and documentary evidence as may be presented at ...
2024.04.05 Motion for Attorney Fees 005
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ...nit 3403, Los Angeles, California 90067 (the “Subject Property”). On December 23, 2021, Plaintiff SM 10000 Property, LLC (“Plaintif f”) filed a Complaint against Defendants Cristina Pecci (“Pecci”), Justin Ligeri (“Ligeri”), Cheyenne Brands, L.L.C. (“Cheynne”), and DOES 1 through 100, for breach of contract. On July 19, 2022, Plaintiff filed an Amended Complaint (the “FAC”) in unlawful detainer against Defendants Cristina ...
2024.04.05 Demurrer, Motion to Strike SAC 027
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.05
Excerpt: ... to substantive due process. On January 24, 2024, the court granted defendant's motion for judgment on the pleadings as to these causes of action. The court did so for two reasons. First, as a matter of substantive law, these causes of action do not permit recovery of monetary damages. Second, plaintiffs did not allege sufficient facts for injunctive relief because they allege they reside in Orange County. IEHP only administers healthcare in the ...
2024.04.05 Demurrer, Motion to Strike 226
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.05
Excerpt: ...osition, and reply papers. RULING The demurrer is OVERRULED as to the second and fourth causes of action in the complaint. Defendants City of Los Angeles and Los Angeles World Airports are ordered to file an answer within twenty days. The motion to strike is DENIED. BACKGROUND On July 6, 2023, plaintiffs Tiffany Abraham, individually and as guardian ad litem for Cash Abraham and Cali Abraham and as successor in interest of Cristopher James Abraha...
2024.04.05 Motion for Protective Order 647
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.05
Excerpt: ... attach a supporting declaration stating the greater number of interrogatories is warranted because of any of the following: (1) the complexity or the quantity of the existing and potential issues in the case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; or (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, investigation, or...
2024.04.05 Demurrer to FAC, Motion to Strike, Anti-SLAPP Motion 207
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.04.05
Excerpt: ...eborah Milam T/R: DEFENDANT PEARL 33'S DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANT TO NOTICE If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On July 5, 2023, Plaintiffs filed the operative first amende...
2024.04.05 Demurrer 924
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.04.05
Excerpt: ...mplaint of Defendant and Cross -Complainant Sung Ryong Cho dba Mansoo Deungsim. The demurrer is overruled as to the first three causes of action and sustained as to the fourth cause of action with ten (10) days leave to amend. The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action and it ca...
2024.04.05 Demurrer 652
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.04.05
Excerpt: ... to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone ...
2024.04.05 Demurrer 299
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.04.05
Excerpt: ... sustained with 20 days leave to amend as to the 2nd and 4th causes of action. Defendant Hightechlending, Inc.'s (“Hightechlending”) (“Moving Defendant”) demurs to the to the third amended complaint (“TAC”) of Plaintiffs Jonathan S. Powers (“Jon”), individually and as attorney -in- fact for Phyllis A. Powers (“Phyllis”) and Jonathan S. Powers Roth IRA, and Henry Kreuter (“Kreuter”) (collectively, “Plaintiffs”). (Notice...
2024.04.05 Demurrer 263
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.05
Excerpt: ... Offices of Mendlovitz & Sanchez, alleging: (1) breach of written contract; (2) conversion; (3) promissory estoppel; (4) imposition of constructive trust; and (5) declaratory relief. On 1/30/2024, Defendant Michael A. Foster (Defendant) demurred to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's fourth and fifth causes of action (the only claims asserted against Defendant here) are moot. Plaintiff's Complaint concedes that “...
2024.04.05 Demurrer 063
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.04.05
Excerpt: ...xisting automobile policy no. P74 1741- 815-751, which he purchased through Defendant State Farm Mutual Automobi le Insurance Company (“State Farm Mutual”), and which included uninsured motorist coverage (“Auto Policy”). He alleges that he was thus referred to Defendants Auzat Insurance Agency, Inc. and Doug W. Auzat (“Auzat Defendants”) as his State Farm agents. He alleges that he has had a relationship with Auzat Defendants for over...
2024.04.05 Demurrer 059
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.04.05
Excerpt: ...rding a 2022 Ford Ranger vehicle. Plaintiff alleges that the warranty contract contained various warranties, including but not limited to the bumper- to-bumper warranty, powertrain warranty, emission warranty, etc. Plaintiff alleges that the defects and nonconformities to the warranty manifested themselves during the applicable warranty period, in cluding but not limited to, transmission defects, infotainment defects, electrical defects, body def...
2024.04.05 Application for Writ of Attachment 315
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2024.04.05
Excerpt: ...se the application. This is Plaintiff's second attempt at securing an order authorizing an attachment. The application is denied. RELEVANT PROCEDURAL HISTORY On April 3, 2023, Plaintiff filed a complaint against Defendants for breach of contract and related claims. On September 6, 2023, Defendants answered the complaint. The answer states multiple affirmative defenses, including unclean hands. SUMMARY OF APPLICABLE LAW “Upon the filing of the c...
2024.04.05 Motion to Deem RFAs Admitted 635
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.04.05
Excerpt: ...ing, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Erik Sords (Plaintiff) brings this action ag...
2024.04.05 Motion for Preliminary Injunction 493
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.05
Excerpt: ... derivative action that was filed on October 31, 2023. Plaintiffs allege that Defendants Bryce Egbert and Taisiia Popova conspired to raid the assets of a pair of LLCs in the business of cannabis oil manufacture. Plaintiffs bring a renewed motion for preliminary injunction seeking the removal of Defendant Egbert from control of both nominal Defendants and the appointment of David Moss or another qualified person as receiver to take control of the...
2024.04.05 Demurrer to FACC 597
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.04.05
Excerpt: ...” (See Motion, p. 3:18.) As indicated below, Cross -Defendant Rosich prevails on his demurrer, and hence will be stricken as a cross- defendant. However, there is another cross -defendant in this lawsuit, and it have not joined this demurrer. Therefore, the Court will not strike the entire cross -complaint. BACKGROUND: On September 12, 2019, George Santopietro filed his Complaint against James Harden, Jeff Wiseman, Patrick Michael, Lia Vasdekis...
2024.04.05 Motion for Reconsideration 296
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ... Kaveh Kevin Jebeli (“Plaintiff”) that was being stored at 9041 West Pico Blvd., Los Angeles, California 90035 (the “Property”). Plaintiff entered into a lease with Defendants Jewish E ducational Movement (“JEM”) and Hertzel Ilulian (“Illulian”) (collectively “Defendants”) for warehouse/storage space at the Property. Plaintiff alleges that Defendants rented space adjacent to the Property to a CBD oil manufacturer and, shortly ...
2024.04.05 Motion to Compel Further Discovery Responses 095
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.04.05
Excerpt: ... to (1) serve responses without objections to Judgment Creditors Jeanne Haworth, Success Trustee of the McGinty Family Revocable Trust D ated September 7, 2006 and Kathleen McGinty, an Individual Interrogatories to Judgment Debtor Andrew J. Stern (Set One); (2) serve responses without objections to Judgment Creditors Jeanne Haworth, Success Trustee of the McGinty Family Revocable Trust Dated September 7, 2006 and Kathleen McGinty, an Individual R...
2024.04.05 Motion to Consolidate 587
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.04.05
Excerpt: ... relief. On July 14, 2023, the clerk entered Allen's default. On January 2, 2024, the Court granted Allen's motion to vacate the default. On February 20, 2024, the Court sustained Campbell's demurrer to Plaintiffs' claims for intentional infliction of emotional distress and strict liability for engaging in ultrahazardous activity with 30 days leave to amend. The Court also granted Campbell's motion to strike Plaintiffs' punitive damage claim and ...
2024.04.05 Motion for Relief from Waiver of Objections 086
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...ounds that Defendant James Wu has served responses in substantial compliance with sections 2030.010 et seq., 2031.010 et seq., and 2033.010 et seq., and the failure to serve timely responses was the result of his attorney's mistake, inadvertence, or excusable neglect. The motion will be based on this notice, the attached memorandum of points and authorities, and declaration of Lyle R. Mink; on all documents in the court file, and on any documents...
2024.04.05 Motion to Compel Responses 962
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.05
Excerpt: ...E ABOVE CASE]: (1) Grant; grant sanctions in the reduced amount of $285.00 (2) Grant; grant sanctions in the reduced amount of $285.00 (3) Grant; grant sanctions in the reduced amount of $285.00 (4) Deny; deny sanctions. I. BACKGROUND On October 25, 2021, plaintiff Harris Davis (“Plaintiff”) tripped and fell over a door mat at a restaurant owned by defendants Norms and Norms Restaurants, LLC (“Defendant” and, together with Plaintiff, “P...
2024.04.05 Motion to Compel Responses 946
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...Interrogatories, Set One; and c) Plaintiff's Request for Production of Documents, Set One; 2. For an Order deeming Plaintiff's Requests for Admissions, Set One, to each Defendant to be admitted; and 3. For a monetary sanctions award of $2,576.67 as against each Defendant, jointly and severally, for failing to respond to discovery in good faith. This motion is made pursuant to Code of Civil Procedure §§ 2023.010, 2030.300, 2031.300, and 2033.280...
2024.04.05 Motion to Compel Responses 021
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...0 this Notice, the attached Memorandum of Points and Authorities, the Declaration of Patrick J. Torsney, Esq., the court file and on such further information as may be presented at the hearing. The Court notes that Movant refers to itself as “Defendants.” It appears as if this motion was filed by one Defendant, not multiple Defendants. This motion appears to be filed by Defendant, 1001 Las Lomas, LLC. The Court will presume there is one movin...
2024.04.05 Motion to Compel Further Responses, for Sanctions 028
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.05
Excerpt: ...R PROCEEDINGS: This is an employment discrimination action that was filed on June 28, 2023. Plaintiff alleges that she was harassed and terminated based on her gender and a perceived disability. Defendant moves to compel further responses to Requests for Production and Special Interrogatories propounded to Plaintiff. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant's Motion to Compe...
2024.04.05 Motion to Compel Further Responses 728
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.04.05
Excerpt: ...nses without objections, and for:; 2. An order compelling Defendant Shupe to Further Respond to Plaintiff's Form Interrogatory 17.1 as it related to Plaintiff Saavedra's Request for Admissions #2. 3. An award of monetary sanctions in the amount of $3,105.00 against Defendant Shupe and his attorneys of record Adam L. Robinson, LaFollette, Johnson, DeHass, Fessler & Ames, jointly and severally. Plaintiff relies on Code of Civil Procedure §128....
2024.04.05 Motion to Compel Further Responses 614
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.05
Excerpt: ...nparty disobeys a deposition subpoena, the su bpoenaing party may seek a court order pursuant to CCP section 1987.1 compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (CCP § 2025.480(b); see also UnzippedApparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.480(b).) There is no “good cause” requirement wh...
2024.04.05 Motion to Compel Further Responses 765
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.04.05
Excerpt: ... Heldt -Valverde, Tracy Henry, Tricia Henry, Michael Kimmel, and Marlene Wieden (“Plaintiffs”) allege that they were employees of Defendant Burbank Unif ied School District (“Defendant” or “BUSD”) at all times relevant for this action. Plaintiffs allege that they filed charges with the California Department of Fair Employment and Housing (“DFEH”) and were issued right-to -sue letters. The FAC alleges that the BUSD, through its boa...
2024.04.05 Motion to Compel Deposition of PMK 072
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.05
Excerpt: ...vard and Westwood Boulevard in Los Angeles. On June 4, 2021, Plaintiff filed a First Amended Complaint (“FAC”), asserting a single cause of action for negligence. Defendant filed an answer to the FAC on June 22, 2021. On four occasions, Plaintiff has noticed the deposition of Defendant's Person Most Qualified (PMQ) on enumerated topics. (Rodriguez Decl., ¶¶ 4-7 & Exhs. A -D.) Most recently, on December 7, 2023, Plaintiff served a deposition...
2024.04.05 Motion for Summary Adjudication 254
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.04.05
Excerpt: ...rmination in violation of public policy, a nd tenth cause of action for violation of Penal Code section 496 alleged against Defendants James Bekhor (“James”) and James S. Bekhor Insurance Services, Inc. (“JSB”) (collectively “Defendants”). The Court notes that Plaintiff's motion was filed as to the First Amended Complaint, but Plaintiff was subsequently granted leave to file a Second Amended Complaint (“SAC”) after the motion was ...
2024.04.05 Motion to Compel Deposition 336
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.05
Excerpt: ...n action against Defendants, Aerotek, Inc., Sunpower Solar, Inc., and John Bleem. The First Amended Complaint (FAC) is the operative pleading. On October 5, 2021, Plaintiff filed an amendment to the FAC naming Sunpower Corporation as Doe 1.[1] On February 22, 2024, Sunpower Corporation (hereafter, “Sunpower”) filed this motion to compel Green's deposition.[2] Sunpower requests sanctions against Green. Green filed an opposition. Sunpower repli...
2024.04.05 Motion to Challenge Good Faith Settlement 270
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.04.05
Excerpt: ...o appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at...
2024.04.05 Motion for Terminating Sanctions 629
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.05
Excerpt: ...ndant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 11, 2024, Defendant filed this motion for terminating sanctions. No opposition has been filed. Legal Standard When a party fails to obey a court order compelling further responses to interrogatories or requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating...
2024.04.05 Motion for Summary Judgment, Adjudication 175
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.04.05
Excerpt: ...ment with Defendant Collective Pharm, Inc. (“Collective”) whereby Collective settled to pay $184,921.00. Plaintiff furt her alleges that Defendant has failed to make required payments under the Agreement. Plaintiff brings claims against Collective for (1) breach of contract, (2) open book account, (3) account stated, and (4) unjust enrichment. On April 19, 2022, Plaintiff filed a First Amended Complaint. Plaintiff alleges that after Plaintiff...
2024.04.05 Motion for Summary Judgment 792
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.04.05
Excerpt: ...AND RESET THE MOTION FOR SUMMARY JUDGMENT FOR 120 DAYS Dept. 3 8:30 a.m. April 5, 2024 I. INTRODUCTION On April 26, 2022, plaintiff Rosevianney C. Ogumsi (“Plaintiff”) file\ d this medical malpractice action against defendants Richard Dale Gentile, D.D.\ S. (“Dr. Gentile”), Heydar Hamid Shahrokh, D.D.S. (“Dr. Shahrok\ h”), and Heydar Shahrokh, D.D.S., Inc. dba Comfort Dental Center (“Comfort Dental Center”). On July 5, 2022, Plain...
2024.04.05 Motion for Summary Judgment 494
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.04.05
Excerpt: ...entative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: American Express National Bank (Am...
2024.04.05 Motion for Summary Judgment 455
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.04.05
Excerpt: ..., the Court finds Bank meets its burden of proof under California Code of Civil Procedur e (“CCP”) sec. 437c(p)(1). Pursuant to that same CCP section, the burden is then switched to defendant Aleksandr defendant Aleksandr Blyumkin (“Blyumkin ”) to prove his affirmative defenses. The Court finds three of those affirmative defenses to be unsupported and without merit, and in particular, the claims that the Russian court lacked personal juri...
2024.04.05 Motion for Summary Adjudication 715
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2024.04.05
Excerpt: ...neral Motors LLC (“Defendant”) arising out of the purchase of a Certified Pre -Owned 2013 Chevrolet Cruze. On August 18, 2021, Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendant. The FAC asserts six causes of action for (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty; (5) Breach of the Impli...
2024.04.04 Motion for Judgment on the Pleadings 056
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.04.04
Excerpt: ...Amended Complaint filed. • 10/17/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for wrongful foreclosure on a property located at 82 W. Abor Street, Long Beach, CA 90805. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered as to all Defendants with prejudice this date. DISCUSSION: Defendants move ...
2024.04.04 Motion for Judgment on the Pleadings 143
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ... The RISC was subsequently assigned to Automotive Credit Corporation (“ACC”). Right after purchasing the subject vehicle, Plaintiffs realized that the subject vehicle's transmission was defective. Plaintiffs took the subject vehicle in for repairs and learned they would cost $5,000.00. Sus Amigos refused to repair the subject vehicle. On February 14, 2022, Plaintiffs filed a complaint, asserting causes of action against Sus Amigos, ACC, Ameri...
2024.04.04 Motion for Leave to Amend Answer 375
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.04.04
Excerpt: ... ANSWER IS GRANTED. THE AMENDED ANSWER SHALL BE FILED WITHIN 10 DAYS. RESPONDENT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On August 7, 2023, Petitioner Crane Boulevard Safety Coalition filed the operati...
2024.04.04 Motion for Leave to File Complaint 808
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.04.04
Excerpt: ...ted may file a cross -complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which ...
2024.04.04 Motion for Summary Judgment 005
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.04.04
Excerpt: ... and retention and (2) negligent supervision of a minor against all defendants. Plaintiff is alleging a cause of action for negligence against Does 3 through 60. Plaintiff's operative complaint is his Second Amended Complaint, which he filed on 9/20/23. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the mo...
2024.04.04 Motion for Leave to File FAC 817
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.04.04
Excerpt: ...kov on causes of action arising from the alleged development of property on a conservati on easement. On September 8, 2022, Defendants filed their Answer to the Complaint. On December 8, 2022, the Court scheduled trial in this matter for December 18, 2023. On November 15, 2023, pursuant to Plaintiff's ex parte request, the Court continued the trial date from December 18, 2023 to May 28, 2024. The Court ordered that no further continuances were al...
2024.04.04 Motion for New Trial 583
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.04.04
Excerpt: ...ed the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. 2. Motion for New Trial (Against Defen...
2024.04.04 Motion for Summary Judgment 004
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...ividually; and DAWN KASARDA, individually (collectively “Plaintiffs”) against Defendants CITY OF CERRITOS (“City”); and BRIGHTVIEW TREE CARE SERVICES, INC. (“Brightview”) (collectively “Defendants”) on July 18, 2022. On November 7, 2022 the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his action involves a trip and fall on a defective public sidewalk located between 13745 and 13751 Beach St...
2024.04.04 Motion for Summary Judgment, Adjudication 182
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.04.04
Excerpt: ...ch 22, 2023, Plaintiff amended his Complaint to substitute Doe 1 with Avida LLC. On April 3, 2023, Defendants Avida Naturals LLC and Avida LLC filed their Answer to the Complaint. On January 30, 2024, Avida LLC (“Defendant”) filed its Motion for Summary Judgment and/or Summary Adjudication (“MSJ”). In support of its MSJ, Defendant concurrently filed: (1) Declaration of Jason Gonzalez; (2) Declaration of Leonard Haberman; and (3) Statement...
2024.04.04 Motion for Summary Judgment 912
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.04
Excerpt: ... Diannah Meams and Adam Meams, by and through his guardian ad litem, Diannah Meams (“Plaintiffs”), filed suit against defendants Cedars -Sinai Medical Center, Larry Froch, M.D. and Christopher Shepherd, M.D. alleging a single cau se of action for medical malpractice wrongful death. On June 20, 2023, this case was transferred to this department from Spring Street Courthouse Department 29 following a determination that this action is complicate...
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...
2024.04.04 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 to TAC, Motion to Strike 007
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.04.04
Excerpt: ...d with Down Syndrome at the relevant time of school attendance, with defendant Los Angeles Unified School District (LAUSD), alleges the school district failed to ever provide any “formal assessment,” and therefore nev er developed an Individualized Education Plan. On February 20, 2019, Plaintiff filed a complaint for Unruh Civil Rights Act, California Government Code section 11135, Intentional Infliction of Emotional Distress, Negligence, and...
2024.04.04 Motion for Attorney Fees 711
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.04.04
Excerpt: ...Defendant”) moves for an order awarding him attorneys' fees against Plaintiff Jaydon Douglas Paull (“Paull”) (“Plaintiff”) in the total amount of $27,170.00. (Notice of Motion, pg. 1.) Background On December 5, 2023, Plaintiff filed his operative complaint (“Complaint”) against Hovsepian and Defendants Hasti Rahsepar (“Rahsepar”), HDR Law Group, Inc. (“HDR”), and Der Vartanian (collectively, “Defendants”), alleging a sin...
2024.04.04 Demurrer, Motions to Strike 697
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.04
Excerpt: ...mplaint (2) Demurrer to Cross -Complaint (3) Demurrer to Cross -Complaint (4) Demurrer to Cross -Complaint (5) Motion to Strike (6) Motion to Strike (7) Motion to Strike (8) Motion to Strike The court considered the moving, opposition, and reply papers. RULING The demurrers to the second, third, and seventh causes of action in the cross -complaint are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The demurrer to the eighth cause of action is OVERRULED. ...
2024.04.04 Demurrer, Motion to Strike FAC 574
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2024.04.04
Excerpt: ...dant Avo Ovasapyan (“Defendant”). Plaintiff alleged three causes of action for (1) Breach of Contract, (2) Un fair Business Practices in Violation of Business and Professions Code § 17200, and (3) Fraud – Civil Code § 1710(4). On September 29, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant alleging an additional fourth cause of action for (4) Violation of Penal Code § 350 Selling Counterfeit Goods. On Octob...
2024.04.04 Demurrer, Motion to Strike 952
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.04.04
Excerpt: ...Without Intent to Perform 5. Breach of Oral Contract 6. Accounting 7. Defamation 8. Injunctive Relief * Lundgren fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that the Lundgren is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Lundgren's demurrer addresses only the 3 rd, 4 th and...
2024.04.04 Demurrer, Motion to Strike 857
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.04.04
Excerpt: ... California IVF Fertility Center and its donor embryo program (collectively, “Defendants”.) After becoming pregnant using in vitro fertilization, Plaintiff gave birth to twin boys on April 1, 2022. One of the children, A.W., was born with life threatening ailments, and died two months after birth. I.W., the surviving twin, also suffers from several genetic diseases. Plaintiff alleges that Defendants failed to properly vet and maintain an accu...
2024.04.04 Demurrer, Motion to Strike 506
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.04.04
Excerpt: ...aintiff Elshir Enterprises, LP's (Plaintiff) First Amended Complaint (FAC) for Unlawful Detainer (UD.) Elshir Enterprises, LP is now named as plaintiff in the FAC, replacing CaliTex, LLC. Defendant further moved to strike Plaintiff's entire FAC, as well as, FAC pars. 1, 4, 6(4), 6(d), 9(1), 12, 10(3), and the verification. The Court considered the demurrer, the motion to strike, and the joint opposition to the demurrer and motion to strike. A rep...
2024.04.04 Demurrer, Motion to Strike 340
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ... GALLEGOS (“Plaintiff”) was injured in a car accident on July 22, 2021. This action was filed on July 27, 2023. Plaintiff's Complaint asserts the following two causes of action: (1) General Negligence; and (2) Motor Vehicle Negligence. Demurrer Defendant SULLY- MILLER CONTRACTING COMPANY (“Defendant”) generally demurs on the basis that Plaintiff's claims are barred by the statute of limitations. Under CCP §335.1, the statute of limitatio...
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, Motion to Strike 015
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...ike Portions of the Complaint is DENIED as MOOT. Background Plaintiff Ruben Olague (“Plaintiff”) alleges as follows: Plaintiff is a dependent adult. Plaintiff was a resident at Inland Valley Care and Rehabilitation Center in Pomona, from in or about May 2023 through July 2023. Plaintiff developed severe pressure sores as a result of deficiencies in care. On January 2, 2024, Plaintiff filed a complaint, asserting causes of action against Inlan...
2024.04.04 Demurrer to FAC, Motion to Strike 650
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.04.04
Excerpt: ...�� Concealment Motion to Strike · Claim for Punitive Damages [FAC, p. 30, Paragraph 6 of the Prayer for Relief] RULING: Demurrer is sustained with leave to amend for the First, Second, and Third Causes of Action. Demurrer is moot for the Fourth Cause of Action. Motion to strike is granted. SUMMARY OF ACTION On May 15, 2020, Plaintiff Luis Fernando Sanchez (Plaintiff) purchased a 2019 GMC Sierra. (FAC, ¶ 4.) Plaintiff alleges that he received a ...
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...
2024.04.04 Demurrer 740
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2024.04.04
Excerpt: ...nc. (Maserati) by purchasing a 2023 Maserati Grecale. Subsequently, Zhang alleges the vehicle exhibited nume rous defects and nonconformities. Zhang then alleges Maserati failed to adequately repair or replace the vehicle. On December 4, 2023, Zhang filed a complaint against Maserati and Does 1 -10, alleging (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) breach of expr...
2024.04.04 Motion for Summary Judgment, Adjudication 603
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.04
Excerpt: ...rties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no ...
2024.04.04 Motion for Summary Judgment, Adjudication 333
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.04.04
Excerpt: ...��¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.¿” (¿¿Code Civ. Proc., § 437c, subd. (c)¿¿.) T he moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (¿¿ Aguilar v. Atlantic Richfield Co. (2001) ...
2024.04.04 Motion to Strike Costs 103
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2024.04.04
Excerpt: ...ll Systems (IWS) entered into a warranty contract with Defendant General Motors, LLC (General Motors) by purchasing a 2022 GMC Sierra 1500. Subsequently, IWS alleges the vehicle developed defects with its check engine lig ht, engine, ECM, and fuel system. On January 12, 2023, IWS filed a complaint against General Motors and Does 1-10, alleging a violation of the Song -Beverly Consumer Warranty Act. On May 11, 2023, IWS filed a motion to compel th...
2024.04.04 Motion for Summary Judgment, Adjudication 661
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.04
Excerpt: ...A)(3) as against VGA 4. Breach of Implied Warranty of Merchantability (Violation of CIV §§ 1791.1; 1794; and 1795.5) as against VGA 5. Violation of the Magnuson- Moss Warranty Act as against VGA 6. Negligent Repair as against AVN The first four causes of action stem from alleged violations of the Song -Beverly Act (SBA). Defendants move for summary judgment or in the alternative summary adjudication on all claims. On March 29, 2022, Plaintiff p...
2024.04.04 Motion to Continue Trial 081
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.04
Excerpt: ... physical altercation that took place on October 6, 2018 on Defendant's premises. Defendant filed its answer on December 2, 2021. Plaintiff was initially represented by counsel. On December 19, 2023, Plaintiff filed a substitution of attorney; Plaintiff is now representing herself in pro per. On March 1, 2024, Defendant filed its motion for summary judgment. On March 12, 2024, Defendant filed this motion to continue trial. No opposition has been ...
2024.04.04 Petition to Compel Arbitration 119
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.04.04
Excerpt: ...d Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991) 233 Cal.App.3d 94, 99 –100 [cl...
2024.04.04 OSC Re Preliminary Injunction 988
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.04.04
Excerpt: ...uses of action: (1) dissolution of corporation/partnership, (2) accounting, (3) breach of fiduciary duty, (4) fraud, (5) breach of cont ract, (6) intentional infliction of emotional distress, and (7) quiet title. On March 5, 2024, Plaintiff filed an ex parte application for issuance of temporary restraining order. On March 6, 2024, the court denied the ex parte application and scheduled this order to show cause whether the court should issue a pr...
2024.04.04 Motion to Vacate Default 566
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.04.04
Excerpt: ...am, though the agr eement attached to the complaint lists the name Jongju Na. Notwithstanding, Lim alleges the rights to enforcement of the agreement were assigned, and Lim obtained a $27,000 judgment in a prior action. Lim alleges two other “related cases” 19STCV14007[1] and 19STCV08038.[2] Lim appears to now seek execution on the judgment, and maintains Moon fraudulently continues to evade collection. On April 14, 2022, Lim filed the instan...
2024.04.04 Motion to Tax Costs 123
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.04.04
Excerpt: ...ighest bidder at a Trustee's foreclosure sale on September 8 , 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, en joining any non- judicial foreclosure action against the property. It is further alleged that on October 6, 2021, Defendant AWBCO rec...
2024.04.04 Motion to Tax Costs 057
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2024.04.04
Excerpt: ... TO TAX COSTS Procedural Background On February 19, 2016, Plaintiff Robert Scott Shtofman ("Plaintiff") filed this case. On June 24, 2021, Plaintiff entered into a Settlement Agreement with Defendant Arch Insurance Group, Inc. The Settlement Agreement provided that Plaintiff was to and did r eceive a gross amount of $103,000 from Defendant Arch Insurance Group, Inc. On October 19, 2022, trial began with the remaining Defendants. On Novemb...
2024.04.04 Motion to Strike or Tax Costs 421
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.04.04
Excerpt: ...Energy Inc., Timothy James Parker, Clifford E. Peter Allen, St James Oil Corporation, and Archdiocese of Los Angeles. Plaintiff filed the operativ e Second Amended Complaint on September 3, 2021 for (1) negligence and (2) strict liability for ultrahazardous activity. Plaintiff now moves to strike or tax costs set forth in Defendant Roman Catholic Archdiocese's (“Defendant”) memorandum of costs. Defendant opposes. Legal Standard In general, th...
2024.04.04 Motion to Strike 816
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.04.04
Excerpt: ...aphs 109 -120) · Attorney Fees related to Nuisance Cause of Action (Paragraphs 75 -81 and 123 from the prayer for relief) · Punitive Damages (Parts of Paragraphs 39, 46, 47, 66, 68, 73, 85, 87, 89, 91, and 103, as well as Paragraphs 74, 88, 94, 96, and 119 and 124 from the prayer for relief) RULING : Motion to strike is granted in part. SUMMARY OF ACTION Plaintiffs Cheyenne Chelsea Oconner, et al., (Plaintiffs) allege that due to a bed bug infe...
2024.04.04 Motion to Strike 208
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...bruary 16, 2024, the operative First Amended Complaint (“FAC”) was filed. Defendant UNIVERSAL FITNESS CLUB NORWALK, LLC (“Defendant”) moves to strike the following allegation from the FAC: “On or about 05/16/2016, the parties extended the original lease term from 10 years to 15 years” from Plaintiff's Complaint. Defendant argues that this sentence should be stricken on the basis that the “written lease attached to Exhibit 1 to the F...
2024.04.04 Motion to Set Aside Default 975
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...aintiff paid Defendant's rent from approximately October 2017 to November 2022, in large part to ensure Victoria would not be homeless. Throughout the years Plaintiff and Defendant had numerous discussions about establ ishing a trust for Victoria's exclusive benefit. After Plaintiff and Defendant ended their relationship, Plaintiff made four transfers to Defendant in November and December 2022 totaling $350,000.00, with the mutual understanding a...
2024.04.04 Motion to Quash Deposition Subpoena 217
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.04.04
Excerpt: ...a worked for Defendant Cooperative of American Physicians, Inc. Plaintiffs allege Defendant terminated their employment after Plaintiffs reported that a fellow employee had engaged in a scheme to steal money and product from Defendant. Plaintiffs bring causes of action for (1) violation of Labor Code section 1102.5, (2) wrongful termination in violation of public policy, and (3) defamation. Defendant now moves to quash Plaintiffs' deposition subp...
2024.04.04 Motion to Dismiss 588
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.04.04
Excerpt: ...ICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On December 4, 2019, Plaintiff Mark Merrens sued Defendants Viking River Cruises, Inc., Rostislav Karchemsky, and Vikram Nair, asserting fourteen causes of action incl...
2024.04.04 Motion to Compel Further Responses, for Sanctions 691
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.04
Excerpt: ...ories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequ...
2024.04.04 Motion for Summary Judgment, Adjudication 742
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.04
Excerpt: ...ement of Defendants 3. Declaration of Erin Dunkerly 4. Defendants' Compendium of Evidence in Support OPPOSITION PAPERS: 1. Plaintiffs' Memorandum of Points and Authorities in Opposition 2. Plaintiffs' Separate Statement in Opposition and Plaintiffs' Statement of Additional Undisputed Facts 3. Plaintiffs' Objections to Defendants' Evidence in Support 4. Compendium of Evidence in Support of Plaintiffs' Opposition REPLY PAPERS: 1. Defendants' Reply ...
2024.04.04 Motion to Compel Further Responses 747
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.04.04
Excerpt: ...denied without prejudice. The Motion with respect to requests for admission is granted. The Motion with respect to requests for production is granted. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. “This case arises from Defendants' failure to honor their agreement to pay Willat a contractually - required bonus p...
2024.04.04 Motion to Compel Further Responses 273
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.04.04
Excerpt: ...ACTION Plaintiff Sylvia Leon (Plaintiff) filed her complaint in this action on January 31, 2023. She alleged causes of action for fraud, quiet title, cancellation of deeds, and declaratory relief. Her complaint was based on allegations that a grant deed dated May 22, 2018, was prepared by or at the request of Defendants Samuel Pineda and Samuel Eduardo Pineda that purportedly conveyed the real property located at 13493 Filmore Street, Pacoima, CA...
2024.04.04 Motion to Compel Further Responses 065
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ....) On August 11, 2023, Defendant MELVIN RENE MORALES ASTORGA (“Defendant”) served responses. (Id. ¶5.) On August 25, 2023, Plaintiff's counsel sent a meet and confer letter to Defense Counsel regarding purported deficiencies in Defendant's responses. (Id. ¶6.) On September 15, 2023, attorneys for Defendant provided amended responses, which Plaintiff argues are not code- compliant. (Id. ¶8.) On September 28, 2023, Plaintiff filed the subjec...
2024.04.04 Motion to Compel Arbitration and Stay Proceedings 396
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...e and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On August 1, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement ...
2024.04.04 Motion to Compel Arbitration 663
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.04.04
Excerpt: ...exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existe...
2024.04.04 Motion to Compel Arbitration 476
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...aintiff's purchase of a used 2017 Nissan Pathfinder vehicle. Sometim e thereafter, the RISC was assigned to Defendant Blackfish Capital, LLC (“Blackfish”). This action was filed by Plaintiff against Defendants Freeway; Blackfish; and HUDSON INUSRANCE COMPANY (“Hudson”) (collectively “Defendants”) on August 3, 2023. Plaintiff's Complaint asserts the following causes of action: (1) Violation of the Consumers Legal Remedies Act against F...
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 Trial Setting 192
Location: Los Angeles
Judge: Reinert, David K
Hearing Date: 2024.04.04
Excerpt: ... on April 4, 2024. BACKGROUND On 1/20/2023, plaintiff Jae S. Kim (“Plaintiff”) filed this action. On 1/24/2023, Plaintiff filed the operative First Amended Complaint (“FAC” ") against Defendants South Bay Hyundai LLC aka Hyundai Dealer, Hyundai Motor Manufacturing Alabama LLC aka HMMA (“HMMA”), Hyundai Motor Company (“HMC”) and Does 1 through 50, inclusive, asserting causes of action for (1) breach of oral contract, (2) breach...
2024.04.04 Motion for Terminating Sanctions 853
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.04.04
Excerpt: ... person due to the COVID-19 pandemic. On November 20, 2023, the Court granted Plaintiff Shahla Melamed's motion to compel further responses to her requests for production, set one, nos. 6, 7, 8, 10, 17, 14, 15, 16, 18, 19, and 20 propounded on Defendant Vasel Malota. Plaintiff now seeks terminating sanctions against Malota because he did not comply with the Court's November 20, 2023, ruling. “California discovery law authorizes a range of penal...
2024.04.04 Motion for Terminating Sanctions 019
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.04
Excerpt: ...by a van driven by defendant Dong Hai Le (“Defendant”), an employee of dismissed defendant Home Depot U.S.A. Inc. (“Home Depot”). (Complaint pp. 2 –3.) Plaintiff thereby sustained injuries. (Complaint p. 3.) On November 15, 2022, Plaintiff initiated the instant lawsuit by filing a complaint alleging a cause of action for negligence. On March 20, 2023, Plaintiff's attorney moved to be relieved as counsel, which motion was granted on Apri...
2024.04.04 Motion for Summary Judgment, Adjudication 788
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.04.04
Excerpt: ...s' motion in the alternative for summary adjudication of the 1st, 2nd, 7th, 12th, and 15th causes of action in his second amended complaint is denied. Defendants Lionel Pereira (“Pereira”) and Southern California Coin and Stamps (“SCCA”) (collectively, “Moving Defendants”) move for summary judgment of pro per Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) 7th and 12th causes of action in his second amended complaint. (Not...
2024.04.04 Motion for Summary Judgment, Adjudication 760
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.04.04
Excerpt: ...' MOTION FOR SUMMARY ADJUDICATION AS TO ALL ISSUES ARE DENIED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On November 10, 2022, Plaintiff Sajith Weerasignhe sued Defendants Cedars - Sinai Medical ...
2024.04.04 Demurrer 540
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.04.04
Excerpt: ...May 16, 2023, plaintiff Christine Rush filed a complaint against Brant Griffin for premises liability based on a slip and fall on April 24, 2021. Plaintiff alleges that she was a guest at defendant's property in Palm Springs to celebrate a birthday. On the night of the incident, plaintiff arrived at the property around 10:00 p.m. and took her dog outside to relieve itself. Plaintiff's dog wandered into the swimming pool and began to drown. Plaint...

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