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2024.03.06 Application for Determination of Good Faith Settlement 737
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.06
Excerpt: ...L AND PROCEDRUAL BACKGROUND This is a wrongful death case. On December 18, 2021, Darrell Caldwell (AKA Drakeo the Ruler)(Mr. Caldwell or “Decedent”) was stabbed backstage at the “Once Upon A Time in LA” music festival (“Music Festival”). Mr. Caldwell was 28 years old, and a hip hop recording artist. He was stabbed and killed moments before going on stage. In their First Amended Complaint Plaintiffs Darrylene Corniel (Decedent's mother...
2024.03.05 Motion for Summary Judgment 288
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.03.05
Excerpt: ...d not rely on this material. Defendant's Objection Nos. 1- 10, 13: Overruled. Defendant's Objection Nos. 11, 12, 14, 15: Sustained. See below. B. Summary Judgment A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.)...
2024.03.05 Motion for Judgment on the Pleadings 039
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ... February 15, 2023, Plaintiff filed a First Amended Complaint against Los Angeles Unified School District and Does 2 through 25, inclusive, alleging Negligence and Negligent Hiring, Retention, and Supervision. On December 7, 2023, Defendant filed the instant motion for judgment on the pleadings. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of exhibits 1- 4, consisting of trial court orders and parties' filings in Jane Doe #...
2024.03.05 Motion for Judgment on the Pleadings 678
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.03.05
Excerpt: ...“Plaintiffs”) filed this action against defendant\ General Motors LLC (“Defendant”). Plaintiffs allege that on February 27, 2021, they\ acquired a 2020 Chevrolet Bolt (the “Subject Vehicle”). (Compl., ¶¶ 7, 9.) Plaintiff alleges that the Subject Vehicle was represented as safe and functional for normal us\ e which is false because “the batteries may ignite when they are either\ fully charged or fall below seventy (70) miles remain...
2024.03.05 Motion for Leave to Amend to File SAC 119
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.03.05
Excerpt: ...prevent discrimination; (5) disability discrimination; (6) failure to accommodate; and (7) failure to engage in the interactive process. On 12/14/2023, Plaintiff moved to file a Second Amended Complaint (SAC). Discussion Plaintiff seeks to leave to amend to delete his allegations regarding disability discrimination, and to add allegations of race/ethnic discrimination. The policy favoring leave to amend is so strong that it is an abuse of discret...
2024.03.05 Motion for Leave to File FAC 883
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.03.05
Excerpt: ...ils in oral argument as to the chronology of events giving rise to the need to amend a suit filed in 2021 at this late date. Given the looming trial date, the Court may give Plaintiff the option of continuing the trial with a granting of the motion, or keeping the trial date and the Court denying the motion ¿¿ I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On December 16, 2023, Plaintiff, Mary Evans (“Plaintiff”) filed a Complaint agai...
2024.03.05 Motion for Protective Order, to Quash Notice of Deposition 552
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.05
Excerpt: .... Opposing Party: Plaintiffs, Marcus Miller and Angie Muhamad Notice: OK 1. Background Facts Plaintiffs, Marcus Miller and Angie Muhamad filed this action against Defendants, Brand Scaffold Services, Inc. and The AES Corporation for damages arising out of injuries sustained in a workplace accident at AES's power plant in Puerto Rico. Miller, who is a California resident and employee of a California corporation, was injured in the incident. AES ha...
2024.03.05 Request to Enter Default Judgment 195
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.03.05
Excerpt: ...ted service of the summons, complaint, and other documents on Defendant on May 11, 2022. On August 19, 2022, the clerk entered Defendant's default. On June 14, 2023, the Court dismissed Defendant Brian Colburn without prejudice at Plaintiff's request. On February 2, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff's request. On February 1, 2024, Plaintiff filed a request for Court judgment against Defendant to be heard ...
2024.03.05 Motion for Summary Judgment 563
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.05
Excerpt: ...tlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.A...
2024.03.05 Motion for Determination of Good Faith Settlement 970
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...h his Guardian ad Litem, John Shelton, alleges c laims for discrimination under the Unruh Civil Rights Act, dangerous condition of public property, product liability arising from an allegedly defective crosswalk button, and negligence. Defendant, City of Compton (“City”) filed a cross -complaint against Guevara and Elias Jose Hernandez (“Hernandez”) for indemnity, contribution, and declaratory relief. Cross -Defendants have not appeared i...
2024.03.05 Motion for Summary Judgment, Adjudication 262
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.05
Excerpt: ...ent/Adjudication 3. Federal Authorities Cited in Memorandum of Points and Authorities 4. Declaration of James Sciolla in Support of Motion for Summary Judgment/Adjudication 5. Declaration of Joey Boktor in Support of Motion for Summary Judgment/Adjudication 6. Declaration of Jacqueline Bruce Chinery in Support of Motion for Summary Judgment/Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Po...
2024.03.05 Motion for Summary Judgment, Adjudication 879
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2024.03.05
Excerpt: ...hall submit a proposed Judgment. Defendant El Monte Union High School District is ordered to give notice of the Court's ruling and file proof of service of same within five days of the Court's order. BACKGROUND This is a childhood sexual assault case based on events that occurred between 1987 and 1988 and the recent enactment of AB 218 which revived a plaintiff's right to pursue childhood sexual assault claims. On August 17, 2022, Plaintiff Hecto...
2024.03.05 Motion for Summary Judgment, Adjudication 916
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.05
Excerpt: ...hin Patel, and Defendant Miguel Soltero CASE HISTORY: · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT ...
2024.03.05 Motion for Summary Judgment, Adjudication of Issues 178
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.05
Excerpt: ...laintiff Timothy Mullen (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order granting the moving Defendant's Motion for Summary Judgment, or in the alternative, granting Summary Adjudication as to the Third and Sixth Causes of Action. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises out of Plaintiff's claim that in 1982, he was sexually assaulted by Father Stanley Adamakis (“Adamakis”) (now deceased), a Greek Orthodox...
2024.03.05 Motion for Terminating Sanctions 437
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.03.05
Excerpt: ...ive fire insurance policy with defendants National General Insurance Company, National General Premier Insurance Com pany, and Integon Insurance Company, at all relevant times. On November 9, 2018, Plaintiffs home sustained damage during the Woolsey Fire. Plaintiffs specifically identify damage to a retaining wall abutting a tributary of Malibu Creek, and a deck at least partially over the retaining wall. Plaintiffs allege the wall constitutes a ...
2024.03.05 Motion for Terminating Sanctions, Monetary Sanctions 110
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.03.05
Excerpt: ...ively Issue Sanctions Against Everbrands in the Form of Admission of the Facts Stated, and Request for Monetary Sanctions in the Amount of $4,661.52. Background Pleadings Plaintiff Karen Flores (Plaintiff) sues Defendants Everbrands, Inc., a California Corporation (Everbrands CA), Everbrands, Inc., a Delaware Corporation (Everbrands DE) (collectively, Everbrands, Inc.), Michael Florman (Florman), Yon Lai (Lai), and Does 1 -2 5 pursuant to a Janua...
2024.03.05 Motion to Bifurcate Trial of Punitive Damages 792
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.03.05
Excerpt: ...ground Plaintiff Rocco Distefano sues Defendants Equinox Holdings, Inc., Melvin Myles, and Does 1 through 22 pursuant to February 7, 2022 Complaint alleging claims of (1) Retaliation – (FEHA) (Gov. Code, § 12940(h)), (2) Wrongful Termination – Violation of Public Policy, (3) Breach of Implied Contract, (4) Breach of Implied Covenant of Good Faith and Fair Dealing, (5) Discrimination (FEHA) – Sexual Harassment, (6) Discrimination (FEHA) –...
2024.03.05 Motion for Determining Prevailing Party, Reasonable Attorney Fees 237
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...). Defendant, Estrella Tietz , is the HOA's president. Plain�ffs allege that Defendants violated provisions of the Covenants, Codes, and Restric�ons (“CC&Rs”) by refusing to intervene in Plain�ffs' parking dispute with their neighbors, failing to keep common areas lighted, and for building a pergola on the common area pa�o between Plain�ffs' and Tietz's unit. Plain�ffs allege claims for (1) breach of governing documents, (2) b...
2024.03.05 Discovery Motions, Motion for Sanctions 773
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.05
Excerpt: ...otions as to Defendant KAS Produce, Inc are DENIED as MOOT. The request for sanctions is DENIED. Plaintiff to give notice. Plaintiff William Lezama (“Plaintiff”) moves to compel responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents (Set One) as to Defendants Emmanuel Romero (“Defendant Romero”) and KAS Produce, Inc. (“Defendant KA S Produce”). Plaintiff also moves to have requests for adm...
2024.03.05 Motion to Compel Arbitration 578
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.03.05
Excerpt: ...scrimination based on sex/gender; (2) failure to accommoda te; (3) failure to engage in timely and good faith interactive process; (4) retaliation; (5) harassment based on disability and sex/gender; (6) failure to prevent; (7) whistleblower retaliation; (8) violations of California Fair Pay Act; and (9) wrongful discharge in violation of Public Policy. On 1/22/2024, Defendants moved to compel Plaintiff to arbitrate her Complaint. Legal Standard W...
2024.03.05 Demurrer to FAC, OSC Re Vexatious Litigant 750
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.03.05
Excerpt: ...failure to comply with the Government Claims Act and for failure to plead facts sufficient to constitute a cause of action. 2. L.A. Care demurrer to the FAC for failure to plead facts sufficient to constitute a cause of action. TENTATIVE RULING: 1. Covered CA's Demurrer to the FAC is SUSTAINED in its entirety without leave to amend. 2. L.A. Care's Demurrer to the FAC is SUSTAINED in its entirety without leave to amend. STATEMENT OF MATERIAL FACTS...
2024.03.05 Application for Writ of Possession 162
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.03.05
Excerpt: ...s read and considered the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. First Amended Complaint Plaintiff Tenant filed the Complaint on December 21, 2023. The operative pleading is the First Amended Complaint (“FAC”) filed on December 26, 2023 alleging breach of contract, trespass to chattels, conversion, and two counts of unfair competition under Business and Professions (...
2024.03.05 Demurrer 020
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.05
Excerpt: ...d with 20 days leave to amend. Background Plaintiff's Complaint was filed on January 3, 2024. Plaintiff alleges the following facts. The Complaint is uncertain and nonsensical in many aspects. However, it appears that the allegations stem from luggage belonging to Plaintiff that Plaintiff contends went missing when it was in the care and custody of Orock Orock. As to the other two named Defendants, it appears that Plaintiff is alleging that these...
2024.03.05 Demurrer 718
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.03.05
Excerpt: ...gligence RULING : Sustained in part and overruled in part SUMMARY OF ACTION In September 2021, Defendant David Simon dba ShanCor (ShanCor) entered into a contract with “Village Fuel Shop,” which was owned by Vazgen Khirmian, to repair some fuel tanks for Village Fuel Shop. Khirmian and Peter Pummarachai, the project manager for Sh anCor, signed the contract. Defendants represented to Plaintiff that the work was completed. Plaintiff filed this...
2024.03.05 Demurrer 986
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...efendant Cannon Constructors South, Inc. for damages in subrogation. On March 23, 2023, Cross-Complainant Cannon Constructors South, Inc. filed a cross -complaint against Cross -Defendant GPS Painting & Wallcovering, alleging (1) Express Indemnity; (2) Implied Indemnity; (3) Equitable Indemnity; (4) Contribution; (5) Declarat ory Relief re Duty to Defend; (6) Declaratory Relief re Duty to Defend; and (7) Breach of Contract. On September 29, 2023,...
2024.03.05 Demurrer to FAC 774
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...ched an obligation set forth in its Charter Petition to provide liability insurance covering Plaintiff, Los A n g e l e s U n i � i e d S c h o o l D i s t r i c t ( “ L AUS D ”) , a s a n a d d i t io n a l i n s u re d . Wa t t s o b t a i n e d c ove ra g e f ro m A l l i a nc e of Schools for Cooperative Insurance Program (“ASCIP”) to defend, indemnify, and hold LAUSD harmless against any claims for damages arising out of the Charte...
2024.03.05 Demurrer to FAC 973
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.03.05
Excerpt: ...LING : The demurrer is sustained with 30 days leave to amend as to the 5 th, 12 th and 17 th causes of action and is otherwise placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz (collectively, Plaintiffs), representing themselves, filed this a...
2024.03.05 Demurrer, Motion for Protective Order, for Sanctions 325
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2024.03.05
Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant Zelocchi stole Plaintiff's laptop which contained a cryptocurrency wallet, and Zelocchi tried to extort money from Plaintiff to give back the laptop. However, Defendant Zelocchi then kidnapp...
2024.03.05 Demurrer, Motion to Strike SAC 939
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.05
Excerpt: ...tion defects. Plaintiff Samron & Associates (“Samron”) purchased a remodeled single- family residence from Defendant 3523 Greenfield, LLC (“Greenfield”). The home is located at 3523 Greenfield Ave, Los Angeles, Cali fornia (the “Property”). Greenfield was the owner and developer of the Property. Defendant Verono LLC (“Verono”) is a company affiliated with Greenfield that was involved in the development of the Property. Defendant A...
2024.03.05 Demurrer, Motion to Strike 097
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.05
Excerpt: ...d (2) provide the titles of each of the vehicles to Plaintiff once he received them. Plaintiff states he paid $98,000.00 out of the $120,000.00. Plaintiff further alleges that on or about January 12, 2023, Ford Finance came to Plaintiff's place of business and repossessed the first van; on February 04, 2023, For Finance came again to Plaintiff's place of business and repossessed the second van; and subsequently the other two vans were also reposs...
2024.03.05 Demurrer, Motion to Strike 116
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.03.05
Excerpt: ... as to the fourth cause of action. The motion to strike is granted. This is an action over ownership distribution allegedly owed but not paid by Defendants RPM Property Management, LLC (RPM), Chen- Wei Liu, Yiuli Yeh, and Catherine Liu to Plaintiff Chi-Ping (Plaintiff). On October 13, 2023, Plaintiff filed this lawsuit alle ging the causes of action for (1.) accounting, (2.) failure to pay distributions, (3.) breach of fiduciary duty, (4.) conver...
2024.03.05 Demurrer, Motion to Strike 299
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.05
Excerpt: ...intiffs John and Polly Castillo (Plaintiffs), filed a Complaint against Defendant California Automobile Insurance Company (CAIC) for (1) Breach of the Contractual Duty to Pay a Covered Claim, (2) Breach of the Duty of Good Faith and Fair Dealing, and (3) Violation of Business and Professions Code section 17200. A copy of the policy is not attached to the Complaint. According to the Complaint, Plaintiffs lost their home in a fire. At that time, Pl...
2024.03.05 Demurrer, Motion to Strike 499
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.03.05
Excerpt: ...oving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner Jha filed the Petition against the City on September 21, 2023, alleging (1) mandamus based on a violation of the Permit Streamlining Act (“PSA”); (2) mandamus based on a violation of the Housing Accountability Act (“HAA”); (3) mandamus based on a violation of the Density Bonus Law; and (4) declaratory r...
2024.03.05 Demurrer, Motion to Strike 745
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.05
Excerpt: ... K 1. Complain t Plaintiff, Jenise Chappell �iled this action against Defendants, City of Long Beach, LBPD, LBFD, Police Of�icer Kim, Del Amo Hospital, Inc., Dr. Gessesse, Dr. Jack Freinhar, and Los Alamitos Medical Center for civil rights related claims and medical malpractice related claims. The crux of Plaintiff 's complaint is that she is a medical doctor who experienced a disturbance in her home. When she reported the disturbance to law ...
2024.03.05 Demurrer, Motion to Strike 766 (a)
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2024.03.05
Excerpt: ...ekey Real Estate Corp's Demurrer to the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, and 9th causes of action of the Third Amended Complaint are SUSTAINED without leave to amend. Defendants Motion to Strike pu nitive damages from the Third Amended Complaint is GRANTED. Plaintiff's causes of action fail for uncertainty pursuant to CCP 430.10(f). Plaintiff failed to cure the inconsistencies in the third amended complaint's factual allegations, and thus the D...
2024.03.05 Demurrer, Motion to Strike FAC 166
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.05
Excerpt: ...ty: Plaintiff, Anthony SIlletti Notice: O K 1. Background Fact s Plaintiff, Anthony Silletti �iled this action against Defendants, Stretch's Speed Shop, Inc. and William Farnham for negligence and related claims. Plaintiff 's operative complaint is his First Amended Complaint, which he �iled on 10/17/23. The crux of Plaintiff 's complaint is that he entrusted his 1969 Ford Mustang and 1970 Ford Mustang to Defendants for restoration, but they ...
2024.03.05 Motion to Challenge Good Faith Settlement 794
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.03.05
Excerpt: ...tice. 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. On October 15, 2021, Plaintiff Rafie Rafiee filed the Second Amended Complaint (“SAC”) against Defendants Daniel Dangoor, Iman Eshaghyan, Mina Eshaghyan, Re Broker Group, Inc., Re eBroker Group Inc., Coldwell Banker Realty, Golcheh Family Trust Dated Augus t 3, 2016 (“Trust”), Morad...
2024.03.05 Motion for Summary Judgment 271
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.05
Excerpt: ...il 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Defendant/Cross-Complain...
2024.03.05 Motion to Compel Compliance with Subpoena for Business Records 220
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.05
Excerpt: ...urt or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern...
2024.03.05 Motion to Strike 420
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.05
Excerpt: ...geles (“County”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. The County now moves to strike the prayer for punitive damages. As of February 21, 2024, no opposition was filed. II. Legal Standard 1. Procedural Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has f...
2024.03.05 Motion to Sanction Former Attorney 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.05
Excerpt: ... declare Visconti a vexatious litigant and for an order requiring Visconti to post a security bond or dismiss her cross-complaint. Plaintiff provides a proof of service on Visconti, who is currently incarcerated, and Murphy, who was served on January 25, 2024, via US mail and electronic service. A trial court may order a party, the party's attorney or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a r...
2024.03.05 Motion to Seal 706
Location: Los Angeles
Judge: Cunningham, David S
Hearing Date: 2024.03.05
Excerpt: ... a putative class action. The operative complaint alleges: [T]he Farmers Defendants utilize a software program throughout California known as 360Value to determine the replacement cost of an insured's dwelling. The Farmers Defendants use that replacement cost to set policy limits for the insurance policies they se ll to insureds in California. However, 360Value is inherently inaccurate. Nonetheless, despite the many flaws inherent to both 360Valu...
2024.03.05 Motion to Set Aside, for Reconsideration 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.05
Excerpt: ...tiff thereafter went to LACFD Station #32 in Azusa to file a complaint against Cooper, but John Doe Fire Captain ended up making a false police report in which he blamed Plaintiff for the disturbance. On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1 -50 for: 1. Intentional Interference with Prospective...
2024.03.05 Motion to Stay Pending Resolution of Criminal Case 424
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...Plaintiffs' vehicle. Another driver, Oswaldo Lopez (“L opez”) was allegedly driving his vehicle while intoxicated. Plaintiff, Christian Garza, sustained injury requiring double amputation above the knee. Plaintiffs also assert product liability claims against Defendant, Tesla Inc. (“Tesla”) for defective design and manufacture of the Tesla Model 3, which allegedly malfunctioned . Defendant Lopez requests an order staying this action until...
2024.03.05 Motion to Strike 118
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.03.05
Excerpt: ... , if Defendant's claims were valid, it would have no impact on this litigation.” (Opposition, p. 8:5.) Plaintiff reiterates this point by stating that “[i]t is unclear what value the instant motion provides to a defendant. . . leaving plaintiff to wonder if it was automatically filed. . . .” (Opposition, p. 8:7 -19.) If Plaintiff is correct that granting this motion would not affect his litigation, then why did Plaintiff spend hours prepar...
2024.03.05 Motion to Strike 219
Location: Los Angeles
Judge: Ford, H Jay
Hearing Date: 2024.03.05
Excerpt: ... to Plaintiffs Tyler Prescott and Rachele Prescotts' complaint is DENIED. Plaintiffs sufficiently plead Defendant acted with malice by alleging Defendant drove while under the influence of alcohol causing injury to Plaintiffs. Defendant Vinotheesan Thavarajavel (“Thavarajavel”) moves to strike the words “willful and wanton” and the prayer for punitive damages in its entirety from Plaintiffs Tyler Prescott and Rachele Prescotts' (“Plaint...
2024.03.05 Motion to Strike Answer 658
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...for breach of contract and breach of implied warranty. On June 15, 2023, IPL filed a demurrer. IPL argued that this action is barred by res judicata and the parties' settlement agreement. On September 19, 2023, the Court overruled the demurrer and ordered IPL to file an answer within 10 days. On September 29, 2023, IPL North America (IPL NA) filed an answer. On October 23, 2023, plaintiff CWS filed the instant motion to strike IPL NA's answer. A....
2024.03.05 Motion to Quash Service of Notice of Entry of Sister State Judgment 074
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.03.05
Excerpt: ...CKGROUND: On October 16, 2023, Plaintiff Fidelity National Title Insurance Company filed its Application for Entry of Judgment on Sister -State Judgment against Defendant Jeannie Long. On November 3, 2023, by request of Plaintiff, the Clerk's Office entered Judgment Based on Sister-State Judgment. On November 3, 2023, the Clerk's Office issued Notice of Entry of Judgment on Sister-State Judgment. On November 15, 2023, Plaintiff filed Proof of Ser...
2024.03.05 Motion to Vacate Dismissal 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.05
Excerpt: ...ustin Maglasang and Steve Gordon (“Defendants”). On March 15, 2022, the Court denied Plaintiff's application for writ of possession without prejudice. (Minute Order, 03/15/22.) The action came for trial on April 7, 2022 and at Plaintiff's request for additional time to serve Defend ants, the Court set an order to show cause for July 20, 2022. (Minute Order, 07/20/22.) Plaintiff's application for writ of possession was denied on the merits on ...
2024.03.05 Motion to Compel Deposition 568
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.03.05
Excerpt: ...and Rose Bowl Operating Company (“RBOC”) SERVICE: Filed November 28, 2023 OPPOSITION: Filed February 29, 2024 REPLY: Filed February 27, 2024 RELIEF REQUESTED Plaintiff moves for an order compelling the deposition testimony of Defendants' PMQ and for the production of documents. BACKGROUND This case arises out of Plaintiff National Union Fire Insurance Company of Pittsburgh, PA's (“Plaintiff”) subrogation claim for settlement payments in a...
2024.03.05 Motion to Vacate or Set Aside Dismissal, for Terminating Sanctions 980
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.05
Excerpt: ... defendant Century Hill Association (“Defendant”) for injuries arising from an alleged dangerous condition of Defendant's property. On October 18, 2022, the Court granted Defendant's unopposed motion for terminating sanctions on the grounds that Plaintiff failed to serve discovery responses in compliance with the Court's August 18, 2022 Order. Plaintiff's counsel did not appear at the hearing, and Plaintiff's action against Defendant was dism...
2024.03.05 Motion to Vacate Void Order, for Reconsideration 376
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.05
Excerpt: ...Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration for [sic] Ruling from April 12, 2023 for Diana Hajinazrarian [sic] Entry of Default from a Motion to Quash Filed; and that Plaintiff Is to File 3rd Amended Complaint Based on Tolling of Time that the Owner [of] the Stolen Funds Is Entitled to By Matter of Law is DENIED. Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration of Order of May 10, 2023 and Order of May 12, 2023 is DENIED. Plain...
2024.03.05 Motions to Compel Further Responses 421
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.05
Excerpt: ...On September 21, 2022, Plaintiff David L. Yen (“Plaintiff”) propounded Requests for Production of Documents, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Defendant served responses dated December 13, 2022, after r eceiving multiple extensions. (Id. ¶ 3, Exh. 2.) Plaintiff moves to compel further responses to Requests for Production, Set One. Plaintiff argues Defendant has only asserted boilerpl...
2024.03.05 Petition to Compel Arbitration 374
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.03.05
Excerpt: ... Petition to Compel Arbitration. Background Pleadings Plaintiffs Antonio Becerra and Guadalupe Becerra (the Becerras) sue Defendants Defendant Roger Anderson, Trustee of the RWA Trust Dated March 14, 2014 (the Trust), FCI Lender Services Inc. (FCI), California TD Specialists (Cal TD), and Does 1 -20 pursuant to a December 1, 2023 Complaint. The Complaint alleges claims of (1) Violation of California Constitution Article XV, Section One and Califo...
2024.03.05 Request to Enter Default Judgment 031
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.03.05
Excerpt: ...summons, complaint, and other documents on October 18, 2022. On January 18, 2023, the Court dismissed Defendant Desiderio Aguilar Tomas with prejudice at Plaintiff's request. On February 14, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff's request. On May 24, 2023, Plaintiff filed a proof of service showing substituted service on Defendant of the summons, complaint, statement of damages, and other documents on April 2...
2024.03.05 Motion to Quash Service of Summons 958
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.05
Excerpt: ...roper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to an effe...
2024.03.05 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 435
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.05
Excerpt: ...“Plaintiff”), in pro per, filed this action for breach of loan agreement against Defendant Thomas Johnson (“Defendant”). Defendant, also in pro per, filed an answer on May 18, 2023. Following mediation, the parties signed and filed a settlement agreement on February 5, 2020. (Minute Order, 02/05/23.) The Court also dismissed the action with a retention of juri sdiction to enforce the stipulation pursuant to Code of Civil Procedure section...
2024.03.05 Motion to Quash Deposition Subpoena, for Protective Order Precluding Taking Deposition of PMK, for Sanctions 110
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2024.03.05
Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is an a ction arising out of a motor vehicle accident. Defendant Alexander was allegedly negligent in causing the accident. Defendant Tokasey allegedly defamed Plaintiffs by stating that they were committing insurance ...
2024.03.05 Motion to Compel Responses, for Sanctions 774
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.05
Excerpt: ... for Request for Production as to Plaintiff Realty Specialties, Inc. is GRANTED. IV. Sanctions are awarded in the total reduced amount is $2,184.50. Defendant Gill to give notice. Background On December 30, 2022, Plaintiff Realty Specialties, Inc. (“Plaintiff”) filed a Complaint for breach of contract, violation of Penal Code § 496, and conversion against Defendants Sher Singh Gill (Gill) and Satvinder S. Ghotra. On July 31, 2023, Gill serve...
2024.03.05 Motion to Quash 084
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.03.05
Excerpt: ...of intent 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 t...
2024.03.05 Motion to Compel Deposition, for Monetary Sanctions 612
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.05
Excerpt: ...ff alleges the following causes of action: intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On February 2, 2022, Plaintiff served a deposition notice for Defendant. Defendant served objections and the deposition did not take place. On December 16, 2022, Plaintiff served another deposition notic...
2024.03.05 Motion to Compel Deposition, Production of Docs, Sanctions 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.05
Excerpt: ...lleges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff served a notice for Ryanne Villas to appear at deposition and produce documents. The deposition was set for January 5, 2024. On December 27, 2023, Defendant served objections to the deposition notice...
2024.03.05 Motion to Compel Discovery 953
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2024.03.05
Excerpt: ...with serious defects and nonconformities to warranty and developed other serious defects and non conformities to warranty including, but not limited to, electronic issues which make up the whole of the vehicle, key access, and Bluetooth issues. Plaintiff further alleges he presented the vehicle to Galpin 2 Electric B, LLC, d/b/a Polestar Los Angeles on several occasions (“Polestar LA”); however, Polestar LA failed to complete repairs and so P...
2024.03.05 Motion to Compel Further Responses 423
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.03.05
Excerpt: ...8, 2023, Plaintiff WIN Partners, LLC (Plaintiff) propounded a set of form interrogatories on Defendants Kevork Kouyoumjian, World Tech Toys, Inc., and World Trading 23, Inc. (Defendants), requesting that they respond only to Form Interrogatory 15.1. After Defendants served incomplete responses, Plaintiff filed a motion to compel further interrogatories on June 27, 2023. On July 24, 2023, the Court granted Plaintiff's motion and required Defendant...
2024.03.05 Motion to Compel Further Responses 512
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.03.05
Excerpt: ...h Gottlieb, Tzvi Haber, and 330 North Genesee Avenue LLC, and located at 332.5 Genesee Ave., Los Angeles begi nning on May 15, 2014. Beginning in September 2017, Plaintiff discovered mold on the premises, and notified defendants. No remediation was undertaken. On February 18, 2022, Defendants filed an unlawful detainer action against Plaintiff, which was dismissed. On May 3, 2022, Defendants served a Three Day Notice to Pay Rent or Quit. A secont...
2024.03.05 Motion to Compel Responses 077
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.03.05
Excerpt: ...hed to the complaint with leave to amend. Plaintiff did not file a n amended complaint. On October 15, 2023, Defendant filed an answer. On January 19, 2024, Defendant filed motions to compel Plaintiff's responses to request for production, set one, and form interrogatories, set one. The motions were set to be heard on March 5, 2024. Plaintiff has not filed oppositions. On February 28, 2024, Defendant filed replies stating that Plaintiff had not p...
2024.03.05 Motion to Compel Discovery Compliance 627
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...bility company; AND DOES 1 - 100, Inclusive, Defendants. FAMILY LIVING VINEYARD AVENUE LLC, a limited liability company; FAMILY LIVING AVENUE 53 LLC, a limited liability company; FAMILY LIVING BERRYMAN AVENUE LLC, a limited liability company, Cross -Complainants. vs. COHAUS LLC, a limited liability company, YOUNG MIN CHUN, an individual, SUNG KI MIN, an individual, and LINDON SHIAO, an individual and ROES 1 -100, inclusive. Cross-Defendants. ) ) ...
2024.03.05 Motion to Continue Trial 868
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.03.05
Excerpt: ...Court granted the parties' stipulated request to continue the trial from June 23, 2023 to November 27, 2023, with discovery and motion cutoff dates to be based on the new trial date. On November 15, 2023, the Court granted in part Defendant's ex parte application to continue the trial. The Court continued the trial from November 27, 2023 to March 27, 2024. The Court denied without prejudice Defendant's request to continue or reopen discovery. On ...
2024.03.05 Motion to Continue Trial Date 737
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.05
Excerpt: ...rity deposit, retaliation, breach of contract, infliction of emotional distress, harassment, breach of implied covenant of good faith and fair dealing, and promissory estoppel against Defendants Yervand Azizyan and Emilya Papoyan (“Defendants”) on December 20, 2021. The matter was originally assigned to an unlimited jurisdiction court and set for mandatory settlement conference on June 30, 2022. (Minute Order, 05/19/22.) Followi ng the mandat...
2024.03.05 Motion to Deem RFAs Admitted 523
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.05
Excerpt: ...n defendant Jose Noyola (“Defendant”) on August 16, 2023. Responses were due on or before September 16, 2023. However, Defendant has not served responses to date despite Plaintiff's counsel's numerous attempts to meet and confer. Plaintiff therefore seeks an order deeming the RFAs admitted against Plaintiff. The motion was previously heard and denied on December 15, 2023 due to a service issue regarding Defendant's attorney's of record. Since...
2024.03.05 Motion to Enforce Settlement 206
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.05
Excerpt: ...ng, PC (“Showtime”). Plaintiff's motion is unopposed. ANALYSIS Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to...
2024.03.05 Motion to Extend Duration of ORAP Lien 978
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.03.05
Excerpt: ...ty. Discussion Creditor requested that the ORAP Lien against Debtor's personal property be extended for six months, so as to expire on August 20, 2024. (Code Civ. Proc., sec. 708.110(d).) Creditor asserted that the extension is necessary because the Debtor is being evasive with his assets. Creditor asserted that a risk exists that Creditor will transfer assets to third parties if the ORAP Lien is allowed to expire. On these grounds, there is suff...
2024.03.05 Motion to Partially Lift Discovery Stay 576
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.03.05
Excerpt: ... metal plate was placed there by virtue of a construction project. Defendant Helio Group (“Helio”) is the general contractor for the construction work being done at the site where the metal plate was located, and Defendant O.L. Development (“O.L.”) was the subcontractor. Defendant Simon Lazar (“Lazar”) is the managing director of Helio and the manager of Defendant Venue Residences, LLC (“Venue”), the owner of the construction proj...
2024.03.05 Motion to Continue Trial 999
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.03.05
Excerpt: ...is action against Forest Lawn Memorial -Park Association (“Forest Lawn”) and others. On October 21, 2022, Forest Lawn filed a first amended cross -complaint (“FACC”) against Weber and Shane Josef Weber alleging (1) breach of contract; (2) nuisance; (3) trespass; (4) fraudulent concealment; (5) implied equitable indemnity; (6) declaratory re lief (termination of Soil Agreement); and (7) declaratory relief (Weber subcontractor claims). On O...
2024.03.05 Motion to Permit Two Independent Medical Exams 975
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.05
Excerpt: ...s Angeles County Metropolitan Transportation Authority (“Defendant)” now moves to allow a neurological examination and orthopedic examination of Plaintiff on the same date. No opposition has been filed. LEGAL STANDARD “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. A motion for an ...
2024.03.04 Motion to Designate Vexatious Litigant 801
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.03.04
Excerpt: ...RY OF ACTION Defendants Martinian & Associates, et al., (Defendants) represented Plaintiff Margarita Carranza (Plaintiff) in an action against the County of Los Angeles, et al., for Negligence, Government Tort Liability, and Premises Liability (19STCV05567). According to Plaintiff, the case settled for $50,000, which led to a (contingency recovery) fee of $25,000. Plaintiff expected a net payment of $25,000, but when presented with the final chec...
2024.03.04 Motion to Expunge Lis Pendens 455
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.03.04
Excerpt: ...TED Defendant moves to expunge lis pendens recorded against the Subject Property. BACKGROUND This case arises out of Plaintiffs T's and Sons' LLC's (“Plaintiff”) claim that Defendant Clear Point Capital, LLC (“Defendant”) breached an agreement to sell property located at 309 Oaklawn Avenue, South Pasadena, California (“Subject Propert y”) to Plaintiff. Plaintiff filed its complaint on June 27, 2023. TENTATIVE RULING Defendant's motion...
2024.03.04 Motion to Dismiss for Failure to Furnish Security 036
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.03.04
Excerpt: ...RY: • 03/23/22: Complaint filed. • 03/14/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant U.S. Bank moves to dismiss for Plaintiff's failure to furnish security pursuant to the Court's May 24, 2023...
2024.03.04 Motion to Dismiss 647
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.04
Excerpt: ...rd, Mission Hills, CA 91345 (“Premises”). Plaintiff alleges two causes of action for general negligence and premises liability. Plaintiff alleges in the negligence cause of action that she was struck by a vehicle while on the Pre mises. In her premises liability cause of action, Plaintiff alleges she tripped on a pothole on the Premises. At the time of her injury, Plaintiff was employed by B. Deirmenjian DDS, Inc. which leased an office on th...
2024.03.04 Motion to Compel Further Responses 421
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.04
Excerpt: ...pril 10, 2023, Plaintiff Rosa Yen (“Plaintiff”) propounded Requests for Admissions, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Extensions to respond were granted until May 26, 2023. (Id. ¶ 3.) On October 3, 2023, Defendant served a response. (Id. ¶ 5, Exh. 4.) Plaintiff moves to compel further responses to Requests for Admissions, Set One. Plaintiff argues Defendant has only asserted boilerp...
2024.03.04 Motion to Compel Production of Docs, for Monetary Sanctions 224
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.03.04
Excerpt: ... with no opposition. There was no evidence provided of what counsel did wrong to justify sanctions. The court orders that by 3/30/2024, Hyundai Motor America is ordered to pay $1,860 to the Client Trust Account of Law Offices of Jon Jacobs, One Ridgegate Dr., Suite 245, Temecula, CA 92590 pursuant to CCP section §2025.450(c)(1), discovery abuse without s ubstantial justification. The court orders that defendant produce one or more persons who ar...
2024.03.04 Motion to Compel Production of Docs 492
Location: Los Angeles
Judge: Jaskol, Lisa R
Hearing Date: 2024.03.04
Excerpt: ...nment, and negligence. On December 5, 2023, Plaintiff filed motions to compel Greystar's responses to request for production of documents, set one, and form interrogatories, set one, and for sanctions. The Court continued the hearing on the motions from January 16, 2024 to March 4, 2024. On January 3, 2024, Greystar filed oppositions. On January 8, 2024, Plaintiff filed a reply. Trial is scheduled for December 18, 2024. PARTIES' REQUESTS Plaintif...
2024.03.04 Motion to Compel Further Responses, for Sanctions 504
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.03.04
Excerpt: ...and Request for Sanctions of $2,439.98 Against Defendant Nurbeh Baravarian and Counsel Barbara Mandell [CRS# 9659]; Plaintiff Janet Weiss's Motion to Compel Further Responses to 8-19- 23 For Interrogatories, Set Two, and Request for Sanctions of $2,054.98 Against Defendant Nurbeh Baravarian and Counsel Barbara Mandell [CRS# 1482]; and Plaintiff Janet Weiss's Motion to Compel Further Responses to 8-19- 23 Requests for Production, Set Two, and Requ...
2024.03.04 Motion to Compel Further Responses 179
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.03.04
Excerpt: ... from promotion to detective due to discrimination against his disabilities. Plaintiff alleges that he was falsely accused of DUI and arrested because Defendant is aware he takes prescribed medication for prior injuri es and conditions. Defendant allegedly used this as a pretext to block Plaintiff's promotion to detective. Plaintiff was ultimately suspended for 22 days without pay. Upon return, Plaintiff was involuntarily transferred to a differe...
2024.03.04 Motion to Quash Deposition Subpoena, for Attorney Fees 351
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.03.04
Excerpt: ...of record is granted. Petitioner's request for attorneys' fees incurred in connection with its motion is granted in the reduced amount of $2,010.00. Sanctions are payable by Respondent and its counsel of record within 20 days. Petitioner Jesse Rios (“Rios”) (“Petitioner”) moves unopposed to quash Respondent Liberty Mutual Fire Insurance Company's (“Liberty Mutual”) (“Respondent”) deposition subpoena for business records issued to ...
2024.03.04 Motion to File Confidential Records Under Seal 174
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.04
Excerpt: ...lates to a claim for attorneys' fees allegedly owed to Plaintiff Jacoby & Meyers Attorneys LLP. Plaintiff alleges it was retained by Defendant Sandra Lopez Ocampo to represent her in an action against Defendant Pacific Employers Insurance's insureds, Lion Raisins and Alan Jam es Torosian. Ocampo later substituted Plaintiff with Defendant McElroy Parris Trial Lawyers. Plaintiff filed a lien for fees and costs as well as a demand that its name be i...
2024.03.04 Motion to Vacate Default 658
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.03.04
Excerpt: ... al. for $1,257,902.31 (LC096145). The judgment was renewed on June 17, 2022 for $2,419,353. Plaintiff alleges defendant Khachik Mouradian transferred title to certain real property to Tania Muradian and Elize Achjian in order to evade any potential future collection efforts. Plaintiff also alleges a deed of trust, as well as multiple other judgme nts recorded as notices of attachment from other named defendants recorded on the property, includin...
2024.03.04 Motion to Quash Service of Summons 163
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.04
Excerpt: ...e process rights, and 14th amendment rights, causing plaintiff to suffer severe financial and emotional hardship.” On December 26, 2023, Plaintiff filed an amendment to fictitious name, naming Neal Blinde as Doe 1. On January 30, 2024, Defendant Blinde filed the instant motion to quash service of summons. Plaintiff filed her opposition on February 15, 2024. LEGAL STANDARD “[T]he court in which an action is pending has jurisdiction over a part...
2024.03.04 Motion to Quash Service of Summons 819
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.03.04
Excerpt: ...Summons The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Background On February 9, 2023, Plaintiffs Olga Solovey, Anatoli Androsovych, and Svetlana Zemko (“Plaintiffs”) filed the Complaint against Defendants Rust Movie Productions, LLC; Alexander R. Baldwin III; El Dorado Pictures, Inc.; Ryan Donnell Smith; Langley Allen C heney; Thomasville Pictures, LLC; Anjul Nigam; Brittany House Pictures; Hannah Gutie...
2024.03.04 Motion to Quash Subpoena 459
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.03.04
Excerpt: ... by LACourtConnect rather than in person due to the COVID -19 pandemic. On March 6, 2023, Plaintiff AMAG, Inc. filed the operative First Amended Complaint (“FAC”) for (1) fraudulent conversion, (2) misrepresentation, (3) constructive fraud, (4) breach of fiduciary duty, and (5) declaratory relief. Plaintiff alleges that Defendant Vlaze Media Networks, Inc. sought to avoid the judgment against it in case no. BC587406 by fraudulently transferri...
2024.03.04 Motion to Quash Subpoena, to Enforce Subpoena, for Sanctions 076
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.04
Excerpt: ...mely “Green Auto,” which is an auto body repair business (the “business”). (Id., ¶ 8.) On or about August 30, 2021, the parties entered into written agreements for Plaintiff to purchase the property and business. (Id., ¶ 9.) Per the agreements, Plaintiff agreed to pay Defendant $5.3 million for the property and $900,000 for the business. (Id., ¶ 11.) Plaintiff made earnest money deposits of $100,000 for the property and $900,000 for th...
2024.03.04 Motion to Reclassify 997
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.04
Excerpt: ... action for (1) violation of Civil Code section 1942.4, (2) tortious breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) nuisance, (5) violation of Cal. Business and Prof. Code section 17200 et seq., (6) negligence, and (7) fraudulent concealment/non -disclosure. Defendant's demurrer to the Complaint was overruled on July 20, 2023 and they filed an answer on August 8, 2023. Plaintiff filed the instant Motion to Recl...
2024.03.04 Motion to Set Aside Order 584
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.04
Excerpt: .... On September 13, 2023, the motion came on for hearing. The Court granted the motion in part, continuing the trial date because of the serious health iss ues of Plaintiff's counsel and also extending the expert discovery deadlines. The Court denied Plaintiff's request to extend the deadlines for fact discovery, however, reasoning that case had been at issue for approximately two years and “Plaintiff has had plenty of time to conduct discovery....
2024.03.04 Motion to Strike 991
Location: Los Angeles
Judge: Lofton, Joel
Hearing Date: 2024.03.04
Excerpt: ... and DOES 1 through 100, inclusive. CASE NO.: 23AHCV01991 MOTION TO STRIKE MOVING PARTY: Defendants Tienstar Investments LLC, Kevin Tien Lee, and Linda T. Lee (“Moving Parties”) RESPONDING PARTY : Plaintiffs Francis Chung Yu and Wei Meei Yu (“Plaintiffs”) SERVICE: Filed January 5, 2024 OPPOSITION: Filed February 20, 2024 REPLY: Filed February 26, 2024 RELIEF REQUESTED Defendants move to strike Plaintiffs' prayer for punitive damages. BACK...
2024.03.04 Motion to Tax Costs 051
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.03.04
Excerpt: ...Health Sciences, Inc., Edward W. Withrow III, Calli Bucci, and Shala Melamed (collectively, Defendants). On November 19, 2018, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) failure to pay wages; (2) failure to indemnify; (3) wrongful termination; (4) retaliation—Government Code 12940, subdivision (h); (5) retaliation—Labor Code section 6310; (6) retaliation—Labor Code section 1102.5; (7) fraud; (8) failur...
2024.03.04 Motion to Tax Costs 799
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2024.03.04
Excerpt: ...hevrolet Camaro. Subsequently during the warranty period, Meza alleges the vehicle developed defects with its transmission system. On July 29, 2022, Meza filed a complaint against General Motors and Does 1 -50, alleging (1)¿violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, su bdivision (a)(3); (4) breach of express warranty; and (5) br...
2024.03.04 Motion to Vacate Default, Judgment 102
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.04
Excerpt: ...lory Jewelry (“Neoglory”), Yue Lu (“Defendant Lu”) and Li Wu (“Defendant Wu”). Plaintiff filed proofs of substitute service of the Summons and Complaint on October 3, 2023. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on November 22, 2023 and default judgment on December 26, 2023. On February 7, 2024, Defendants filed the instant Motion to Vacate Default and Default Judgment. Plaintiff filed a...
2024.03.04 Motions in Limine, to Bifurcate 985
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.03.04
Excerpt: ...ve history of the foreign bans. The evidence would have little probative value because foreign bans did not apply to workplaces in the United States and would be confusing to the jury. The motion is granted. Defendants' MIL No. 2 Defendant Honeywell seeks to preclude a 1986 EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics” as irrelevant, hearsay, unscientific, and unduly prejudicial. If Defendant contends i...
2024.03.04 Petition to Compel Arbitration and Payment of Fees and Costs 031
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.03.04
Excerpt: ...g the fees and costs petitioner incurred in making this petition. Klein is entitled to an order that respondent shall pay his reasonable expenses incurred for this petition. Code of Civil Procedure section 1281.99(a) provides, “The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the ...
2024.03.04 Motion to Compel Deposition 529
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.04
Excerpt: ...tion of Defendant Brandon Cabot Clause (“Defendant”) for April 28, 2023. (Liberatore Decl., ¶ 6.) Defendant objected to the date, and the deposition was taken off calendar, but not alternative dates wer e provided. (Id. , ¶¶ 6 -8.) On September 1, 2023, Plaintiff served a second notice of deposition of Defendant for October 5, 2023. ( Id., ¶ 9.) Defendant objected again; Defendant again stated that alternative dates would be provided but ...

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