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2024.02.21 Motion for Good Faith Settlement Determination 470
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ... section 877.6 enables a settling defendant to free itself not only from any further claims of the plaintiff but also from any subsequent liability to any non -settling defendant for equitable comparative contribution, or partial or c omparative indemnity. A settling defendant obtains this immunity by settling in “good faith.” Code of Civil Procedure section 877.6, subdivision (b), provides that the court may determine the good faith of a set...
2024.02.21 Demurrer to FAC 563
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.21
Excerpt: ...HISTORY: • 12/11/20: Complaint filed. • 04/26/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and fraud action. In its complaint, Plaintiff alleges that the Villegas Defendants retained Plaintiff to represent them in a potential lawsuit against the County of San Bernardino and then breached their retainer agreement with Plaintiff. Plaintiff also alleges that Defendant Desimone an...
2024.02.21 Motion for Attorney Fees 899
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.21
Excerpt: ...he moving, opposition, and reply papers. The court DENIES Plaintiffs' motion for attorneys' fees pursuant to CCP § 2033.420. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Merc...
2024.02.21 Application for Attorney Fees 372
Location: Los Angeles
Judge: Cole-Hall, Debra
Hearing Date: 2024.02.21
Excerpt: ...CCP §874.010(a).) In determining whether to award attorney's fees, whether the services i n question are for the common benefit must be decided on the facts and circumstances in each case. Nevertheless, the case authorities hold that attorney's fees may be awarded for litigating contested issues in partition actions if that litigation is integral to the partition action. Moreover, “the court shall apportion the costs of partition among the par...
2024.02.21 Demurrer 104
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.21
Excerpt: ...481 and 4493 Firesonte Boulevard, South Gate, CA 90280. Legal Standard 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. (CCP § 430.10(e).) A party may demur to an entire complaint, or to any causes of action stated therein. (CCP § 430.50(a).) “‘[A] demurrer based on an affirmat...
2024.02.21 Demurrer 270
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.21
Excerpt: ...A. Factual The following factual background is drawn from the Complaint (as defined below). On February 1, 2019, plaintiff Ani Yapunjyan (“Plaintiff”) was involved in a motor vehicle collision with another driver, Maria Martinez (“Martinez”). At the time, Plaintiff carried an automobile insurance policy issued by defendant Wawanesa General Insurance Company (“Defendant” and, together with Plaintiff, “Parties”). Plaintiff reported ...
2024.02.21 Demurrer 318
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ... (2010) 185 Cal.App.4t h 1018, 1023.) Defendant FlipKey LLC to give notice. REASONING Request for Judicial Notice Defendant FlipKey LLC (“Defendant”) requests judicial notice of the complaint filed in Case No. 21STCV29429 (Seeler v. Booking.com B.V.) and the allegation therein that “[t]he subject property had been booked through Defendant Booking.com B.V.'s website.” Defendant's request is GRANTED pursuant to Evidence Code section 452, su...
2024.02.21 Demurrer 369
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2024.02.21
Excerpt: ...anted. Petitioner's objections are overruled. The court notes Petitioner submitted Exhibit B and part of Exhibit C with her August 17, 2023 ex parte application thereby admitting authenticity of those records. (Evid. Code, § 1414.) Exhibit A also appears to be an official state record issued by the Florida Department of Agriculture and Consumer Services and therefore subject to judicial notice. (Evid. Code, § 452, subd. (c).) While the court ju...
2024.02.21 Demurrer 586
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.02.21
Excerpt: ...strator of the estate of Stephen Jefferey Gelff (Gelff), alleges that Anne Frances Weiss (Weiss) and Gelff acquired properties together in the early 1990s and formalize d their real estate business partnership with a Joint Venture Agreement (Agreement) on December 17, 1997. (Compl., ¶¶ 13-17.) Originally, Weiss and Gelff jointly held four properties together, which were all held in Weiss's name. (Compl., ¶ 19.) Thereafter , in conjunction with...
2024.02.21 Demurrer to FAC 125
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.02.21
Excerpt: ...rrently owned by Defendants Eyal Abergel and Binyamin Sasy. Until about 1960, Plaintiffs' and Defendants' properties were a single parcel under common ownership. A dispute has now arisen over the property line between the two properties. Plaintiffs allege portions of their driveway, pool, and other fixtures lay partly on Defe ndants' property. Plaintiffs' allege Defendants have failed to maintain their property, causing damage to Plaintiffs' prop...
2024.02.21 Demurrer to FAC 476
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2024.02.21
Excerpt: ...or leave to add new causes of action. Plaintiff must file a motion or obtain the stipulation of Defendant All Good. Defendant All Good Escrow, Inc. is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a real property dispute. On August 14, 2023, Plaintiff Weijun Zhang (Plaintiff) filed this action against Defendants Bolun Zhang (Bolun), Jinghan Zhang (Jinghan), All Good Escrow, Inc. (All Good...
2024.02.21 Demurrer 360
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ...add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Invasix, Inc. dba InMode to give notice. REASONING Defendant Invasix, Inc. dba InMode (“Defendant”) demurs to Plaintiffs Suzanne Swerner and Hana Sabour (“Plaintiffs”)'s fifth cause of action for fraud and ninth cause of action for intentional infliction of emotional distress, and ...
2024.02.21 Demurrer to FAC 630
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.21
Excerpt: ...s” or Palomares Escrow”) and PRIMARY PARTNERS FINANCIAL (“PPF”): Plaintiff and PPF entered into a Residential Mortgage Loan Agreement (“Agreement”) for PPF to originate, process, and underwrite residential mortgages for PFCU's members. On August 30, 2022, PPF represented to Plaintiff that Palomares would act as the escrow holder for two of Plaintiff's members. Ultimately, through a series of events, f alse instructions were sent to PP...
2024.02.21 Demurrer to FAC, Motions to Strike 405
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.02.21
Excerpt: ...ding Party : Plaintiffs Dr. Nayyer Ali, M.D. and Dr. Mauricio Heilbron, M.D. T/R: DEFENDANT POOK'S DEMURRER IS SUSTAINED WITH LEAVE TO AMEND. THE REMAINING DEFENDANTS' DEMURRER IS OVERRULED. DEFENDANTS' MOTIONS TO STRIKE ARE GRANTED. PLAINTIFF ALI TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. If the parties wish to submit on...
2024.02.21 Demurrer to SAC 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.21
Excerpt: ...ispute. Plaintiff Elsie Coleman was employed by Defendant The Regents of the University of California (“the Regents”) as an administrative nurse II. She claims she was terminated in retaliation for reporting incidents that endangered patient safety, a pattern which she claims began in October 2019, when Plaintiff is sued a disciplinary memo against an employee who left his shift early without approval. (Second Amended Complaint (“SAC”) ¶...
2024.02.21 Demurrer to SAC, Motion to Strike 088
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.02.21
Excerpt: ...f action. Defendants' motion to strike is denied. Defendants New Hope Imaging Services, LLC (“New Hope”) and Adam Avelardo Perez (“Perez”) (collectively, “New Hope”) demur to each cause of action in Plaintiff People of the State of California, ex rel. Allstate Insurance Company's (“Allstate”) (“Plaintiff” ) second amended complaint (“SAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §430.10(e).) Defendants also move to strike ...
2024.02.21 Demurrer to TAC, Motion to Strike 554
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.02.21
Excerpt: ...d Plaintiff Wave Investment, LLC (“Plaintiff”) filed this action on December 30, 2021 against Defendants SecurCapital Corp. (“SecurCapital”) and Stephen J. Russell (“Russell”) (jointly, “Defendants”) Plaintiff filed the operative Third Amended Complaint (“TAC”) on November 15, 2023 alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) breach of partnership or joint venture agreement, (4) breach of f...
2024.02.21 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.21
Excerpt: ...of California is DENIED as moot. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. Plaintiff is an active member of the California State Bar who retired from the practice of law in 2022. (Compl., ¶¶7- 8.) Plaintiff serves as an arbitrator and mediator in California and intends to continue his work. (Id.)...
2024.02.21 Demurrer, Motion to Strike 846
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.21
Excerpt: ... filed this action against defendants Allied Universal Security Services Universal Protection Services LPP and White Memorial Medical Center for damages arising from security removmg Plaintiff from the premises. The complaint sets forth four causes of action for (1) assault, (2) battery, (3) negligence, and (4) negligent hiring, retention, supervision and training. Defendant I'Vhite Memorial Medical Center dba Adventist Health White Memorial ("WM...
2024.02.21 Motion for Approval of PAGA Settlement 933
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.21
Excerpt: ...NG PARTY: Plaintiff Maria Elizalde (“Plaintiff Elizalde”) RESPONDING PARTY: None. The Court has considered the moving papers. BACKGROUND This is a class action arising from alleged wage and hour violations under the California Labor Code. Plaintiff Elizalde filed the operative First Amended Complaint (“FAC”) against Defendant BMS Healthcare, Inc. for civil penalties under California Labor C ode Sections 2698 et seq, the Private Attorneys ...
2024.02.21 Motion for Attorney Fees 615
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.02.21
Excerpt: ...d hour violation claims against Advisors LL P, Leigh Morris, and Robert Plotkowski. A 170.6 challenge was filed on June 5, 2020, thereby leading to assignment to Department 68. On September 28, 2020, the court deemed the instant case related to 20STCP01618 (lead case) and 20STCV19615. On December 16, 2020, the court granted the motion to compel arbitration, and stayed the action. On February 21, 2023, the arbitrator presented the decision, summar...
2024.02.21 Demurrer to FAC 943
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.02.21
Excerpt: ...e First Cause of Action as barred by the statute of limitations, for lacking standing, and for failure to state sufficient facts to constitute a cause of action; 2. Demurrer to the Second, Third, Fourth, and Fifth Causes of Action for lacking standing and for failure to state facts sufficient to constitute a cause of action. [1] TENTATIVE RULING: 1. Demurrer is SUSTAINED in its entirety as to Plaintiffs Nicholas J. Di Berardino and Michael Di Ber...
2024.02.20 Motion for Protective Order 081
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.20
Excerpt: ...rt considered the moving, opposition, and reply papers. The court GRANTS IN PART Defendant's motion for protective order. The court orders the definition of “IDENTIFY” be limited to the individual's name, address, and last known contact information. The court strikes Special Interrogatories (Set One) Nos. 12- 14, 16, 24-25, 43, 46-48, 88, and 93. Defendant shall respond to Special Interrogatory (Set One) No. 9, without objections. The court o...
2024.02.20 Motion for Judgment on the Pleadings, to Sever 126
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.20
Excerpt: ...to Sever is denied without prejudice. Background Plaintiff filed the Complaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. ...
2024.02.20 Motion for Leave to File Complaint 554
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.02.20
Excerpt: ...s SecurCapital Corp. (“SecurCapital”) and Stephen J. Russell (“Russell”) (jointly, “Defendants”) Plaintiff filed the operative Third Amended Complaint (“SAC”) on November 15, 2023 alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) breach of partnership or joint venture agreement, (4) breach of fiduciary duty, (5) conversion, (6) fraudulent concealment, (7) fraudulent misrepresentation, (8) negligent ...
2024.02.20 Motion for Leave to Intervene 882
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.20
Excerpt: ..., as well as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundr...
2024.02.20 Motion for Order for Possession 914
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.02.20
Excerpt: ...rnia, acting by and through the Department of Transportation RESPONDING PARTY: Unopposed Motion for Order for Possession The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff The People of the State of California, acting by and through the Department of Transportation (“Plaintiff”), moves the court for an order for possession of the property described in its Complain...
2024.02.20 Motion for Summary Judgment, Adjudication 612
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.20
Excerpt: ...r an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic 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 ...
2024.02.20 Motion for Protective Order 337
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.20
Excerpt: ...GROUND This action arises out of an attorney- client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) legal malpractice; (2) breach of contract; and (3) breach of fiduciary duty. On November 18, 2023 and November 20, 2023, respectively, Plaintiff filed: (1) a motion for protective order regarding the Requests for Admissions, Set One propounded by Defendant (the “RFA Motion”); and (2) a motion for protective order regardi...
2024.02.20 Motion for Summary Adjudication 384
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.02.20
Excerpt: ...sing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) breach of the implied covenant of quiet enjoyment. On 12/08/2023, Plaintiff moved for summary adjudi...
2024.02.20 Motion for Summary Adjudication 608
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.20
Excerpt: ...(Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evide nce' 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.” (...
2024.02.20 Motion for Summary Judgment 192
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.20
Excerpt: ...s the following against Defendants: On 2/25/2020, Defendants borrowed $2 million from Plaintiff for real estate business capital needs with a maturity date of 2/21/2021 (“Note”). The Note included interest and late charges. The parties entered into five modifications, whereby, among other things, the maturity date of the loan was extended, and the loan amount was changed. Defendants have defaulted on the Note, resulting in damages of $3 milli...
2024.02.20 Motion for Summary Judgment, Adjudication 079
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.20
Excerpt: ...Defendants Thomas Block and Sue Emrek (“Defendants”) related to Defendants' involvement with a loan and deed of trust for the property at 4351 La Barca Drive, Tarza na, California (the “Property”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quie...
2024.02.20 Motion for Attorney Fees 199
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.02.20
Excerpt: ...bsequently, Defendant agreed to and did abate the barking dog nuisance, but has refused to settle with Plaintiff regarding the legal fees Plaintiff expended in bringing the instant lawsuit. On November 30, 2023, Plaintiff filed a motion seeking $12,000 in attorneys' fees and $744.96 in litigation costs as the “prevailing party” pursuant to Civil Code section 5975, subdivision (c). Defendant did not oppose the motion. At the hearing, Plaintiff...
2024.02.20 Motion for Judgment on the Pleadings 268
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ...and Ivonne Maltos (collectively, “Plaintiffs”). The Court DENIES Defendant's motion. Background This is a Lemon Law case. The following facts are taken from the allegations in the FAC. Plaintiffs purchased a vehicle (the “Subject Vehicle”) with a defective engine from Defendant. Plaintiffs allege that the type of engine installed in the Subject Vehicle had a propensity to suffer from a blockage of oil flow to the engine's moving parts, c ...
2024.02.20 Demurrer 330
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.20
Excerpt: ...n the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the ...
2024.02.20 Demurrer, Preliminary Injunction 040
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.20
Excerpt: ... REQUESTED: Defendants demur against Plaintiff's entire complaint. ¿ TENTATIVE RULING: The demurrer is overruled as to Plaintiff's first, third, fourth, and fifth causes of action, and sustained as to Plaintiff's second and sixth causes of action with 30 days leave to amend. BACKGROUND ¿ This is wrongful eviction action in which Plaintiff alleges that she, “her two minor children, and one adult child have resided at 28700 Newhall Ranch Rd., R...
2024.02.20 Demurrer, Motion to Strike FAC 190
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.20
Excerpt: ...ollywood” on February 24, 2023. “Micky's” is operated by Defendant WHBT, Inc. Plaintiff was allegedly told by an employee that he had to leave the premises. Plaintiff alleges that the “door person” named “Eric” slapped the phone out of his hand, tried to step on it, tackled Plaintiff to the floor, punched his face and kicked him. (First Amended Complaint (“FAC”) ¶¶4- 5.) As a result, Plaintiff's nose was fractured, his ribs an...
2024.02.20 Demurrer, Motion to Strike 929
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.02.20
Excerpt: ...ment 3. Breach of Warranty of Habitability 4. Negligence 5. Negligent Maintenance of Premises 6. Nuisance 7. Common Law Fraud RELIEF REQUESTED IN MOTION TO STRIKE : An order striking allegations regarding punitive damages in the 2 nd, 3 rd and 6 th causes of action and the prayer for punitive damages with regard to these causes of action. RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar a...
2024.02.20 Demurrer, Motion to Strike 653
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.02.20
Excerpt: ...D RELIEF: Demurrer 1. First Cause of Action for failure to state facts sufficient under CCP § 430.10(e). 2. Second Cause of Action for failure to state facts sufficient under CCP § 430.10(e) and uncertainty under CCP § 430.10(f). 3. Third Cause of Action for failure to state facts sufficient under CCP § 430.10(e). Motion to Strike 1. FAC, Paragraph 29, line 6- 7: “As a result, AHV is also entitled to punitive damages.” 2. FAC, Prayer for ...
2024.02.20 Demurrer, Motion to Strike 517
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.20
Excerpt: ...iable reliance on false advertising.” (Westlye v. Look Sports, Inc. (1993) 17 Cal.App.4th 1715, 1750.) Under this section “ ‘[o]ne engaged in the business of selling chattels who, by advertising, labels, or otherwise, makes to the public a misrepresentation of a material fact concerning the character or quality of a chattel sold by him is subject to liabili ty for physical harm to a consumer of the chattel caused by justifiable reliance upo...
2024.02.20 Demurrer, Motion to Strike 069
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.02.20
Excerpt: ... Demurrer to Complaint (2) Motion to Strike Portions of Complaint The court considered the moving and reply papers filed in connection with the demurrer and motion to strike. The court did not consider the filing entitled “Plaintiff's Opposition to Demurrer,” filed with the court on January 2, 2024, because (1) it does not attach a proof of service stating that the opposition papers were served on defendant Watts Learning Center, Inc. as requ...
2024.02.20 Demurrer to SAC 082
Location: Los Angeles
Judge: Iwasaki, Bruce G
Hearing Date: 2024.02.20
Excerpt: ...ction and overruled as to the third cause of action. This is an action for breach of contract arising from real estate commissions. In the Complaint, Plaintiff Anderson Real Estate Group (Plaintiff) alleges that Defendant KJ Ticehurst (Ticehurst) owes Plaintiff $67,729.75 in commissions arising from her Team Member Agreement – Buyer Specialist (Agreement) with Plaintiff. Plaintiff further alleges Defendants Coralyn Wahlberg, Claudia Pardon, and...
2024.02.20 Demurrer to FACC 607
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ... and Cross -Complainant PRBC VII Limited Partnership (“PRBC”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND. Background Plaintiff Lee & Associates Investment Services Group, Inc. (“Plaintiff”) alleges that it entered into a commission agreement (the Commission Agreement) with Defendant Phillips Ranch Development, LLC (“PRD”). The Commission Agreement provided that Plaintiff was entitled to commissions for the leasing by PRD,...
2024.02.20 Demurrer to FAC 029
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.02.20
Excerpt: ... alleges an unspecified defaulted balance owed by defendant RLoom LLC (RLoom) in 2022. On February 8, 2023, RLoom and defendant D. Masin Consulting, LLC (D. Masin) executed a “General Assignment for the Benefit of All Creditors,” whereby all assets were subject to liquidation for payment of outstanding debts. Also on February 8, 2022, D. Masin and RLoom Design Corp. aka Newstyle Fashion Inc. also entered into an “Asset Purchase Agreement, w...
2024.02.20 Demurrer 959
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.20
Excerpt: ...V LLC (“LAD- V”) and Volkswagen Group of America Inc. (“VW”), arising from Plaintiffs' purchase of an allegedly defective vehicle. On June 21, 2023, Defendants filed a demurrer. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedar...
2024.02.20 Motion for Terminating Sanctions 675
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.20
Excerpt: ... arising from an automobile collision. Defendant Cody Yaraghchi, erroneously sued and served as Cody Araghachi, (“Yaraghchi”) now moves for terminating sanctions against Plaintiff Grey to dismiss Plaintiff Grey's action on the grounds that Plaintiff Grey failed to abide by the Court's September 19, 2023 Order to appear for her deposition. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (“Uber Defendants”) join the moti...
2024.02.20 Demurrer 297
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...d his friend that his chest was bothering him. As a result of this, Decedent's friend allegedly called for an ambulance and Defendant Hall Ambulance Services, Inc. (“Hall Ambulance”) responded. Plaintiff further alleges that Hall Ambulance's employees (1) notated that Decedent was walking around the property talking to himself, had dilated pupils, appeared to be deranged, had a bounding radial pulse, was in tachycardia, and had pale, warm, an...
2024.02.20 Demurrer 235
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.02.20
Excerpt: ...ion, intentional tort, negligence II, general negligence, and loss of consortium. The crux of the complaint is that Plaintiff worked as a Customs and Border Patrol agent and regularly scanned imported goods using an HCVM, which is an x-ray scanner made by the Smith Defendants and used on premises owned by the remaining defendants. Plaintiff alleges he was exposed to dangerous levels of radiation due to use of the scanner, and now has thyroid canc...
2024.02.20 Demurrer 232
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.02.20
Excerpt: ...inetti Wang & Team LLP (ASWT) and Janet Janet & Suggs (JJS). After the underlying case settled, Pourat alleges Doe and the defendants failed to pay his fees. ASWT and managing partner Arias demur, stating they were not party to any fee sharing agreement with Pourat and are required by ethics rules to hold the disputed fees in trust until Pourat's fee dispute with Doe is resolved. Service and Filing of Demurrer Pourat argues the demurrer should be...
2024.02.20 Demurrer 232
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...as told from an unknown source that the restroom was not available, but was being worked on; and ( 2) was told by some bikers that someone had overdosed on drugs in the restroom and the restroom had been welded shut. Plaintiff presents that, on the third time, after talking to the bikers, he returned inside the Arco AM/PM and confirmed the information w ith Maggie who informed him that the restroom door was welded shut several months ago. Plainti...
2024.02.20 Motion for Terminating and Further Monetary Sanctions 888
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.02.20
Excerpt: ...26, 2021, Plaintiff Ana Bertha Campos filed her Complaint against Defendant Natalia Granados on causes of action arising from Plaintiff's employment by Defendant. On August 20, 2021, Defendant filed her Answer to the Complaint. On February 25, 2022, the Court granted Plaintiff's unopposed motion to compel responses to requests for production of documents. On March 3, 2022, the Court: (1) granted Plaintiff's motion to compel responses to form inte...
2024.02.20 Motion to Compel Arbitration 981
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.02.20
Excerpt: ...efendant Hudson Insurance Company T/R: DEFENDANTS' MOTION TO COMPEL ARBITRATION IS GRANTED AS AGAINST PLAINTIFFS ONLY. THE ACTION IS STAYED IN ITS ENTIRETY. DEFENDANTS 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, oppositions, and reply. BACKG...
2024.02.20 Motion in Limine 082
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.20
Excerpt: ...ontesting petitions of Michael Velcherean (“Respondent”) to admit various wills, seek to exclude documents they first saw when revealed for purposes of filing a joint exhibit list in December 2023. Trial is scheduled to start May 28, 2024. As discussed below, the Court does not find Contestants have shown either Respondent violated any discovery order, intentionally withheld documents or that they would be materia lly prejudiced to warrant an...
2024.02.20 Motion to Expunge Lis Pendens, for Attorney Fees 101
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.20
Excerpt: ...ed no later than five court days before the time appointed for the hearing.” (Cal. Rules of Court, rule 3.1300(c).) Despite the absence of a filed proof of service, the Court will proceed to review the motion on its merits, considering that Plaintiff argued in a previous hearing on advancing this hearing date. (1/18/24 Minute Order.) Consequently, it can be reasonably i nferred that Plaintiff has been served the motion. The Court directs the mo...
2024.02.20 Special Motion to Strike Complaint 369
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.02.20
Excerpt: ... ACTION On October 17, 2023, Cross -Complainant Road Runner Land & Homes, LLC (Road Runner) filed a cross - complaint against Cross-Defendant DeWelt, LLC (DeWelt) with two causes of action for Cancellation of Instrument and Conversion. On November 4, 2021, this Court entered an Order After Judgment which directed Road Runner to convey the subject property to DeWelt. On February 9, 2022, Road Runner conveyed the property to DeWelt, which then conv...
2024.02.20 Motions in Limine 914
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.20
Excerpt: ...ign bans on the importation of chrysotile asbestos. Plaintiffs did not show any defendant was aware of a foreign ban on chrysotile asbestos or the reasons why the foreign governments banned it. Allowing that evidence will consume an undue amount of trial time exploring the bases for and legislative 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 ...
2024.02.20 Motion to Vacate or Set Aside Judgment 191
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ed at various times and in various places notices of their intent to sell the Subject Property at a pu blic auction on June 16, 2022 at 9:00 at 1311 Sycamore Drive in Norwalk, Los Angeles County, California; (3) Nerez attempted to sell the Subject Property to Defendant GHI Investments LLC (“GHI”) for valuable consideration, and (4) the sale was wrongful because Plaintiff did not grant and convey to any trustee the Subject Property. On Februar...
2024.02.20 Motion to Tax Costs 353
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.20
Excerpt: ...Kay Duvall ("Heidi") ("Defendant') for private nuisance, negligence, and premises liability. A trial returned verdict in Plaintiffs' favor and on November 13, 2023, judgment was entered for Plaintiffs against Defendant On November 27, 2023, Plaintiffs filed a Memorandum of Costs seeking a total of $36,697.91. Defendant moves to tax memorandum of costs. Plaintiffs oppose the motion. As of Februaty 13, 2024, no reply was filed. II. Motion to Tax Co...
2024.02.20 Motion to Strike 713
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.02.20
Excerpt: ...r quod; (3) violation of the Unruh Act; (4) violation of the Ralph Act; (5) violation of the Bane Act; (6) assault; (7) negligence; and (8) intentional infliction of emotional distress. Now, Defendants move to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §...
2024.02.20 Motion to Strike 696
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.02.20
Excerpt: ...Allegations Subject to Motion At this time, Defendants move to strike the prayer for punitive damages and related allegations against them, and also move to strike the prayer for prejudgment interest. b. Punitive Damages In Brooks v. E.J. Willig Truck Transp. Co. (1953) 40 Cal.2d 669, 679 the Court found that a hit and run cannot give rise to damages unless the fact of the hit and run caused additional damages above and beyond the accident itself...
2024.02.20 Motion to Strike 619
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.20
Excerpt: ...ectively, “Plaintiffs”) NOTICE: OK ¿ RELIEF REQUESTED: Moving Defendant moves to strike references relating to punitive damages and attorney fees from Plaintiffs' complaint. ¿ TENTATIVE RULING: The motion to strike is denied as to Plaintiffs' references to punitive damages and granted as to Plaintiffs' prayer for attorney fees with 30 days leave to amend. BACKGROUND ¿ This is a wrongful death action wherein Plaintiffs are the parents of de...
2024.02.20 Motion to Compel Answers, for Sanctions 387
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.20
Excerpt: ...egligence, (2) Negligence Per Se, (3) Negligent Entrustment of Vehicle, and (4) Motor Vehicle Owner Liability – Permissive Use. Defendants Roya Ashtiani and Alex Ashtiani (collectively “Defendants”) filed their answer on April 1, 2022. On July 17, 2023, Defendants served Plaintiff with Supplemental Demand for Production and Supplemental Interrogatory. (Caudill Decls., ¶ 3 & Exhs. A.) Plaintiff did not respond. (Id. , ¶ 5.) On December 11,...
2024.02.20 Motion to Set Aside Summary Judgment 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.20
Excerpt: ...to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Cany on Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant the People of the State of California (or “Caltrans”), and then set the replacement pole into the broken pipe. During a subsequent rainst...
2024.02.20 Motion to Set Aside or Vacate Default, Judgment 574
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...he risk of loss or damage to said motor vehicle; and (2) said vehicle was being lawfully operated o r parked along and upon certain public streets and highways within the County of Los Angeles Central Judicial District when Defendant Susan Diane Blackburn (“Susan”) [1] negligently operated an uninsured vehicle that was owned by Susan and Defendant Guy Paul Blackburn, III (“Guy” and collectively “Defendants”), causing a collision that ...
2024.02.20 Motion to Set Aside Monetary and Evidentiary Sanctions, for Attorney Fees, New Trial 659
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.02.20
Excerpt: ...e No.: 19STCV09659 Hearing Date: 2/6/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant 1812 Investments, LLC's Motion to Set Aside Monetary and Evidentiary Sanctions [CRS# 7032]; Defendant 1812 Investments, LLC's Motion for Offset [in Judgment] [CRS# 2302]; Plaintiff Mehdi Yahyanejad's Motion for an Award of Attorney's Fees and Costs Against Defendant 1812 Investments, LLC [CRS# 3078]; and Plaintiff Mehdi Yahyanejad's Motion for New Trial and/o...
2024.02.20 Motion to Set Aside Dismissal 882
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.20
Excerpt: ...iarte (“Defendants”) for damages arising from an automobile collision. On May 5, 2023, this matter was called for non- jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, May 5, 2023.) On November 3, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ. Proc. (“CCP”) § 473 provides for both discretionary...
2024.02.20 Motion to Quash Service of Summons and Complaint 916
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.20
Excerpt: ...Plaintiff, who is self -represented seeking reimbursement for services that he allegedly provided to Defendants. Defendants visited Los Angeles in February 2021 partially for the purpose of looking for a vacation home. (Le Decl. ¶ 8; Rivera Decl. ¶ 8.) Defendants rented a house through Airbnb and believed that Plaintiff was the owner of the home. (Le Decl. ¶ 9; River a Decl. ¶ 9.) Plaintiff offered Defendants numerous services, but Defendants...
2024.02.20 Motion to Strike 483
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.20
Excerpt: ...ES the hearing for Defendant's motion to strike to March 18, 2024, at 8:30 am, in Department 45, to provide Defendant an opportunity to comply with the meet-and -confer requirements of CCP § 435.5. If the parties resolve the issues raised in the motion to strike, Defendant shall take the motion off calendar. If the parties reach a partial resolution, the parties shall notify the court at least seven days before the hearing. If the partie s are u...
2024.02.20 Motion to Enforce Settlement Under Seal 973
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.02.20
Excerpt: ...ion on July 24, 2020, against Defendants Beverly Smith, Cheryl Hickmon, and Delta Sigma Theta Sorority, Inc. (collectively, “Defendants”). The operative Third Amended Complaint (“TAC”) was filed on October 13, 2021. The TAC asserts causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) violation of Unfair Competition Law, (4) declaratory re lief, (5) intentional infliction of emotional ...
2024.02.20 Motion to Compel Deposition of PMK 694
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.20
Excerpt: ... order compelling Defendant GM to produce a Person Most Qualified (“PMQ”) for all categories in the Deposition Notice, within 10 calendar days. TENTATIVE RULING: The motion is GRANTED. BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code §§ 1790 et seq.) for a vehicle she purchased in 2019, for which Defendant General Motors, LLC (“GM”) issued the manufacturer's express warranty. (Compl. ¶¶...
2024.02.20 Motion to Enforce Settlement Agreement 133
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.02.20
Excerpt: ...f of Graphic Research, Inc. dba Gtek/Bycan Systems filed a second amended complaint (SAC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (GRI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 2/1/2024, Prashant and Mita moved for an order enforcing the compliance of the Govind Parties with the terms of the S...
2024.02.20 Motion to Compel Arbitration 176
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.02.20
Excerpt: ...s 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 This is a lemon law action arising out of Plaintiff's lease of a 2023 Mercedes- Benz EQE350X manufactured and distributed by Defendant A Mercedes- Benz USA, LLC. ANALYSIS “On petition o...
2024.02.20 Motion to Compel Arbitration and Stay Action 082
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.20
Excerpt: ...E: Defendants' Motion to Compel Arbitration and Stay the action is granted. Defendants to give notice. BACKGROUND O n August 12, 2023, Aaron Watkins; Watkin FBA, LLC; and Watkins Collaborations, LLC (collectively “Plaintiffs”) filed a Complaint against Ascend Ecom LLC (“Ascend”); Will Basta (“Basta”); Jeremy Leung (“Leung”) (collectively “Defendants”); and Does 1 to 10. The operative First Amended Complaint (“FAC”), filed ...
2024.02.20 Motion to Compel Arbitration and Stay Proceedings 723
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.02.20
Excerpt: ...tion. TENTATIVE RULING: 1. Motion to Compel Arbitration is DENIED; 2. Request to stay is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 29, 2023, Plaintiff Kevin Hickey (Plaintiff) filed a Complaint against Defendant Transform Sears Home Services LLC with five causes of action for: (1) Discrimination in Violation of the FEHA; (2) Failure to Accommodate in Violation of the FEHA ; (3) Failure to Engage in the Interactive Proce...
2024.02.20 Motion to Compel Compliance with MFT 726
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.02.20
Excerpt: ...suant to an April 19, 2021 Complaint alleging claims of (1) Fair Employment and Housing Act (FEHA) Disability Discrimination, (2) FEHA Failure to Provide Reasonable Accommodation, (3) FEHA Failure to Engage in the Interactive Process, (4) California Family Rights Act (CFRA) Retaliation, (5) FEHA Retaliation, (6) FEHA Age Discrimination, (7) FEHA Failure to Prevent Retaliation, and (8) Labor Code Retaliation (Lab. Code, § 1102.5). The claims aris...
2024.02.20 Motion to Compel Compliance with Deposition Subpoena for Production of Business Records, for Monetary Sanctions 774
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.20
Excerpt: ...FF AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,085.00 BACKGROUND This action arises from a car accident. Defendant Onalie Eleanor Johanna Marcott was driving her 2018 Kia Optima, with Plaintiff Victoria Robertson as a passenger, when it collided with non -party Paul Rafferty's 2019 Volkswagen Golf. Plaintiff claims Defendant was driving negligently and recklessly. The operative complaint alleges two claims for motor vehicle and general neglige...
2024.02.20 Motion to Compel Further Responses 944
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.20
Excerpt: ... Defendants property. Defendant moves for an order compelling Plaintiff to provide further responses to form interrogatories, set one and special interrogatories, set one. Defendant seeks further responses to special interrogatories nos. 18, 44-45, and form interrogatories nos. 4.1, 6.4, 11.2, and 17.1. The Court wnll not consider Plamtiffs untimely opposition filed on February 14, 2024. II. Procedural Requirements 1. Meet and Confer A motionito ...
2024.02.20 Motion to Compel Further Responses 950
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.20
Excerpt: ...nc. (1) Motion to Compel Further Responses to Requests for Production of Documents (Set Two) The court considered the moving, opposition, and reply papers. The court GRANTS Plaintiffs' motion to compel further responses to Requests for Production (Set Two) Nos. 1- 3, 6-11, 16- 20, and 22- 24. The court orders Defendant to serve further responses and production of documents to Requests for Production (Set Two) Nos. 1- 3, 6-11, 16- 20, and 22- 24. ...
2024.02.20 Motion to Compel Further Responses, Deposition of PMK 415
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.02.20
Excerpt: ...with these motions, with discovery motions in lemon law cases often taking up more than five motion hearing slots in a week. The Court finds Counsel, with the assistance of this Court's prior rulings, can easily resolve the issues on these discovery motions. The Court has ruled on discovery motions relating to PMK depositions involving the instant defendant, General Motors, in the following cases (among others): 23LBCV00406 22LBCV00901 22LBCV0076...
2024.02.20 Motion to Compel Further Responses, for Sanctions 312
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.02.20
Excerpt: ...fendant, Ali Khoynezhad, M.D. At his deposition, Defendant refused to answer questions about his history of prior misconduct at other hospitals and history of medical malpractice claims and allegations. Defendant refused on the grounds that Evidence Code §1157 precluded the questions. Plaintiffs move to compel Defendant to answer the questions, contending (a) the questions are relevant to their Elam claim, and (b) §1157 does not act as a shield...
2024.02.20 Motion to Compel Further Responses, for Sanctions 740
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ch Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance for a specified period of time. Plaintiff further alleges that during the warranty period, the Subject Vehicle contained or developed defects, including but not limited to, defective electrical system, defective engine, defective ignition system, and “[a]ny additional complaints made...
2024.02.20 Motion to Compel Responses 041
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ue to this and Defendant's failure to operate its vehicle safely, while attempting to board Defendant's car, Plaintiff fell, sustaining severe injuries. On January 11, 2023, Plaintiff filed his Complaint alleging two causes of action for General Negligence and Premises Liability. On February 27, 2023, Defendant filed its Answer. On July 19, 2023, counsel for Plaintiff filed an Ex Parte Application to be Relieved as Counsel. On July 19, 2023, the ...
2024.02.20 Motion to Compel Responses, Inspection of Real Property 993
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.20
Excerpt: ... of Real Property The court considered the moving papers. No opposition was received. The court GRANTS Plaintiffs' motion to compel responses to Form Interrogatories (Set One). The court orders defendant Jeffrey L. Martin to serve responses, without objections , to Form Interrogatories (Set One), within 30 days of the date of this ruling. The court GRANTS Plaintiffs' request for monetary sanctions against Defendant and his counsel of record in th...
2024.02.16 Motion to Quash 807
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.16
Excerpt: ...he court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) "A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States." (Code Civ. Proc., § 410.10.) "The Due Process Cl...
2024.02.16 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 278
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.02.16
Excerpt: ...C's request for monetary sanctions on the motion to compel responses for its Form Interrogatories – General (Set One) is granted in the reduced amount of $960.00 against Defendant Ultimate Host, LLC. Sanctions are payable within 20 days. Plaintiff 5554 Green Oak LLC's unopposed motion to compel Defendant Ultimate Host, LLC to provide responses to its Special Interrogatories (Set One) is granted. Defendant is to provide responses within 20 days....
2024.02.16 Motion to Continue 451
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.16
Excerpt: ...om January 30, 2023, to September 11, 2023. On August 11, 2023, on Plaintiff's ex parte application, the Court continued the trial date to March 13, 2024. On January 26, 2024, Plaintiff filed an ex parte application to continue trial for 60 days. On January 29, the Court denied the request for relief on an ex parte basis, granted the alternative request to hear the motion on shortened time, and set the heari ng for February 16. On February 5, Def...
2024.02.16 Motion to Deem RFAs Admitted 095
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.16
Excerpt: ... Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Deem Requests for Admission, Set One as Admitted [Against Defendant Catherine Bampoky] is GRANTED. The matters in Plaintiff John Oursland's Requests for Admission, Set One, are deemed admitted against Defendant Catherine Bampoky as of the date of entry of this order. Plaintiff John Oursland's Request for ...
2024.02.16 Motion to Enter Default and Strike Answer to Complaint 000
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.02.16
Excerpt: ...egligence. On November 27, 2023, Plaintiff filed Judicial Council Form CIV - 100, Request for Entry of Default. The Clerk's Office did not enter default, reasoning that proof of service of statement of damages was required. On December 5, 2023, Plaintiff filed his Judicial Council Form CIV-050, Statement of Damages. On December 5, 2023, Plaintiff filed another Judicial Council Form CIV -100, Request for Entry of Default. The Clerk's Office did no...
2024.02.16 Motion to File Records Under Seal 903
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.16
Excerpt: ...ter the date of this order. FACTUAL BACKGROUND This is a petition to confirm arbitration award arising from a share purchase agreement the parties entered into on April 20, 2022. On September 5, 2023, an independent referee issued an arbitral award in favor of Plaintiff, awarding Plaintiff $2,331,015. PROCEDURAL HISTORY On October 20, 2023, Petitioner LG H&H Co., Ltd. filed its petition to confirm arbitration award against Respondents Insil and S...
2024.02.16 Motion to Quash 061
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.16
Excerpt: ...iled supplemental briefs. In Plaintiff's supplemental brief, Plaintiff stated she needed yet more time because depositions scheduled for December 2023 would be relevant to the motion, so at the December 8, 2023 hearing the court continued the hearing to January 24, 2023. The parties then stipulated to continue the hearing to February 16, 2024. The parties filed second supplemental briefs. A defendant may move to quash service of summons on the gr...
2024.02.16 OSC Re Dismissal for Failure to Request Entry of Default Judgment 967
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.16
Excerpt: ...led five co urt days in advance of today's hearing as ordered on November 29, 2023. The Court is setting aside the defaults entered against Defendants Hector Velasco and Gbolabo Folayan as void for failure to serve these Defendants with a statement of damages prior to the entry of default. At the hearing, the Court will set another OSC date. DISCUSSION Plaintiffs seek damages as follows. Damages $376,488 Attorney Fees $5,654.88 Total $382,142.88 ...
2024.02.16 Motion to Quash Deposition Subpoena 844
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.16
Excerpt: ...ndividual (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: An order quashing Plaintiffs' 1/10/24 deposition subpoena for production of business records, propounded and served on non -party deponent Arshud Mahmood, Ph.D., P.E. Defendant also seeks monetary sanctions against Plaintiffs and/or their counsel in the amo unt of $2,310.00. TENTATIVE RULING: The motion is granted. The Court imposes sanctions against Plaintiffs' counsel in th...
2024.02.16 Motion to Seal Identification of Trade Secrets, Demurrer to SAC, Motion to Strike 301
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.02.16
Excerpt: ...ICATION OF TRADE SECRETS ) DEFENDANT'S DEMURRER TO SECOND AMENDED COMPLAINT ) DEFENDANT'S DEMURRER TO SECOND AMENDED COMPLAINT ) DEFENDANT'S MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT ) DEFENDANT'S DEMURRER TO SECOND AMENDED COMPLAINT MOVING PARTY: Plaintiff Forex Express Corp., d/b/a WireCash RESPONDING PARTIES: Defendant Eliran Grushkowsky (joined by (1) defendants Inter & Co. Payments, Inc. and Inter & Co., Inc. on November 27, 2023...
2024.02.16 Motion to Set Aside Dismissal, Set Aside Settlement Agreement, Request to Reinstate Dismissed Case to Trial Calender 645
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2024.02.16
Excerpt: ...ing aside the dismissal of Case No. 21STCV17645 and Case No. 21AVUD00003; 2. An Order setting aside the oral settlement agreement from October 17, 2023; and 3. An Order reinstating both cases to the trial calendar. TENTATIVE RULING: 1. Motion to Set Aside Dismissal, Set Aside Settlement Agreement, and Reinstate Case on Active Calendar is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 11, 2021, Plaintiff Lake Hughes Recovery, Inc. ...
2024.02.16 Motion to Strike 729
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.16
Excerpt: ...tiffs The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”), filed on November 21, 2023, alleges: (1) negligence; (2) strict liability – warning defect; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; an d (6) loss of consortium. On December 8, 2023, Moving Defendant filed a motion to strike portions of t...
2024.02.16 Motion to Transfer Venue 738
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2024.02.16
Excerpt: ...CTS AND/OR PROCEEDINGS: This is an employment case. Plaintiff Kristin Jacobson alleges her employers, Defendants Disney Human Resources Services Co., LLC. (“DHRS”), The Walt Disney Company (“TWDC”), Disney Worldwide Services, Inc. (“DWWS”), and Walt Disney Parks and Resorts U.S. , Inc. (“WDPR”) (collectively, “Defendants”), wrongfully terminated her employment based on her disability. Plaintiff asserts nine causes of action, s...
2024.02.16 Motions to Compel 033
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.16
Excerpt: ...ompel are GRANTED. Plaintiff's requests for attorney's fees and costs in the reduced amount of $3,300.00 is GRANTED. BACKGROUND 1. Factual Background Defendant Valley Grace Home, Inc. (“Valley Grace”), which is owned by defendant Gregory Mikitarian (“Mikitarian” and, together with Valley Grace, “Defendants”), is a 15 -bed residential nursing facility to which plaintiff Sharon Whitfield Wright (“Plaintiff ” and, together with Defen...
2024.02.16 Motions to Quash 677
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.16
Excerpt: ...scovery. The court continued the hearing for three month to allow for such discovery. The parties filed supplemental briefs. A defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581...
2024.02.16 Motion to Compel Responses, for Sanctions 443
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.02.16
Excerpt: ... Act. On 11/9/2023, Plaintiff moved to compel the deposition of Defendant's PMK. Discussion Plaintiff argues that an order compelling Defendant to produce a PMK is necessary. Plaintiff argues that Defendant has failed to produce a witness to be deposed on the noticed categories, and has engaged in gamesmanship. In opposition, Defendant indicates that it agreed, and remains willing, to produce a PMQ on 9 of the 23 categories in Plaintiff's PMK dep...

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