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2024.02.13 Motion to Dismiss Cross-Complaint 370
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.02.13
Excerpt: ...dvocacy Group, Inc. filed this Proposition 65 action on June 5, 2020 against Defendant Pegasus Trucking, LLC dba Fallas Discount Stores (“Pegasus”). On March 12, 2021, Pegasus filed a Cross-Complaint in this action against a number of Cross- Defendants, including Orly Shoe Corp. (“Orly”). On September 9, 2021, Pegasus filed the operative First Amended Cross-Complaint (“FACC”), alleging causes of action for (1) breach of express warran...
2024.02.13 Motion for Preliminary Injunction for Possession of Property 896
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.13
Excerpt: ...401k PLAN, S.B.S. TRUST DEED NETWORK, PENSCO Trust Company LLC, Custodian FBO Sylla McClellan IRA: 080000001321, JAMES C. ELKINS, MELINDA J. ELKINS, ELKINS FAMILY REVOCABLE TRUST OF 2002, LAWRENCE C. HENIG, D.D.S., INC. (“Defendants”) who allegedly fraudulently induced Plaintiff into loan modification agreements regarding the loan on Plaintiff's apartment property at 4757 S. Mansfield, Los Angeles, CA 90026 (the “Property”). Plaintiff mov...
2024.02.13 Motion to Compel Responses, for Sanctions 353
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.02.13
Excerpt: ...jection, within 10 days from the date of the court hearing on this matter. Additionally, Plaintiff requests sanctions against Armand Vince Garcia in the amount of $1,560.00. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY On 5/20/22, Plaintiff Honest Home Improvement Inc. (Plaintiff) filed this action against Defendants Armand Vince Garcia and Garcia Family Trust for: (1) Breach of Contract, (2) Quantum Meruit, (3) Intentiona...
2024.02.13 Demurrer 012
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.13
Excerpt: ...ainst defendants 419 N. Mountain View Terrace, LLC and Manager Lito Desalesain (“Lito”) (collectively, “Defendants”) for injuries arising from a balcony collapse. The complaint sets forth two causes of action for (1) general negligence and (2) premises liability. Defendants demur to the complaint, arguing it fails to state sufficient facts to constitute causes of action for negligence and premises against Lito as an individual. The motion...
2024.02.13 Demurrer 138
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.13
Excerpt: ... (“Defendant”) for injuries sustained during an incident with officers. On June 26, 2023, Defendant filed a motion to dismiss the action without prejudice under CRC rule 3.110(b), Government Section 68608(b) and Code of Civil Procedure section 575.2, subdivision (a). The Court denied the motion to dismiss on September 18, 2023, and granted Defendant's oral request for 30 days' leave to file a demurrer. On October 16, 2023, Defendant filed the...
2024.02.13 Demurrer 268
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.02.13
Excerpt: ... 2. Demurrer (Defendant, Daniel Huerta) a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however ...
2024.02.13 Demurrer 285
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.13
Excerpt: ...he pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions o...
2024.02.13 Demurrer 942
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.13
Excerpt: ...ng Professionals (the “Union”), Billye Fairley (“Fairley”), Arturo Aguilar (“Aguilar”), and Karla Alas (“Alas”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of the Unruh Act; (2) negligence; and (3) violation of Business and Professions Code section 17200. In relevant part, the Complaint alleges: ...
2024.02.13 Demurrer, Motion to Strike 385
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.13
Excerpt: ...ual The following facts are drawn from the First Amended Complaint (as defined below). On September 26, 2017, Parvaneh Azmoon (“Plaintiff”) obtained a home equity line of credit (the “Mortgage”) on her residential real property (the “Property”) from MUFG Union Bank, N.A. (“MUFG”), of which U.S. Bank National Association (“Defendant”) became the successor by merger. The Mortgage was secured by a Deed of Trust, which was recorde...
2024.02.13 Motion for Approval of PAGA Settlement 889
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.02.13
Excerpt: ..., settling this case will have no effect on any proposed settlement in the Cervantes action. Further, since Cervantes is not a party to this action, it is not clear to the Court that the settlement of this case should even mention Cervantes. The Proposed Settlement Agreement needs to be revised so that it pertains only to this case. Further, the Court wishes to advise the parties that any monies not awarded the parties, their attorneys or the adm...
2024.02.13 Motion for Attorney Fees 487
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.13
Excerpt: ...sed of $29,330.50 in attorney's fees and $7,564.76 in costs. Defendant shall make this payment to Plaintiff's counsel within 30 days of this order. Background This is a Song-Beverly Action. On July 27, 2023, the parties agreed to settle this case when Plaintiff accepted Defendant's July 27, 2023 offer to compromise under Code of Civil Procedure, section 998. The parties settled for the amount of $162,420.00 in exchange for the surrender of the su...
2024.02.13 Motion for Judgment on the Pleadings 068
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.13
Excerpt: ... action (COA) for negligence and the second COA for intentional tort. Discussion Plaintiff submitted to some of the arguments in the motion and requested leave to amend the defects in the pleading. (See Notice to Opposition, pg. 1:22-23.) Plaintiff submitted to City's argument regarding the FAC's failure to identify the statutory grounds for liability; the City's argument as to direct liability; and the non-existence of a statute for a claim of n...
2024.02.13 Motion for Leave to File Amended Complaint, for Summary Judgment 795
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.13
Excerpt: ...hristina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendme...
2024.02.13 Motion for Leave to File Complaint 112
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.13
Excerpt: ...nt (“FAC”) against defendants Ze'ev Patrick Waismann (“Waismann”) and San Gabriel Valley Humane Society (“SGVHS”) for damages arising from a dog bite. Defendant Waismann previously filed his Answer to Plaintiff's original complaint on April 7, 2023 Waismann now seeks leave to file a cross-complaint against SGVHS for indemnification, apportionment of fault and/or contribution, and declaratory relief. SGVHS opposes the motion. As of Feb...
2024.02.13 Motion for Leave to File FAC 331
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.02.13
Excerpt: ...l 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 January 16, 2019, a Fourth Amended Complaint was filed in this matter for (1) breach of contract and (2) breach of the covenant of good faith and fair dealing. A motion for summary judgment is set for April 4, 2024. The trial date is set for July 29, 2024. The allegations of this matter were summarized ...
2024.02.13 Motion for Leave to File FAC, to Continue Trial 263
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.02.13
Excerpt: ...ke Lee, and Jody Hiramoto (erroneously sued as Jody Hashimoto) on various causes of action arising from the Parties' contractual relationship(s). On December 5, 2022, Launch With Us, LLC, Mike Lee, and Jody Hiramoto filed their Answer to the Complaint. Also on December 5, 2022, Launch With Us, LLC filed its Cross- Complaint against In Hospitality LLC, Dong Hyuk Lee, Jeff Jun, and Kevin Minsoo Son. On April 7, 2023, Launch With Us, LLC filed its F...
2024.02.13 Motion for Attorney Fees 791
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.13
Excerpt: ...are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not,...
2024.02.13 Motion for Relief from Default 777
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.13
Excerpt: ...ction and the default, despite his knowledge that Defendant was represented by counsel, Defendant did not receive mail at the subject premises, and the default is void because Defendant was not properly served with the summons and complaint. In the event service did not result in notice of the action to a party, section 473.5 of the Code of Civil Procedure, subdivision (a), provides, in relevant part: When service of a summons has not resulted in...
2024.02.13 Motion to Compel Arbitration 757
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.02.13
Excerpt: ...ground Plaintiff David Grylls sued Defendants Virgin Galactic, LLC (VG), Galactic Co., LLC (Galactic), and Does 1 through 10 pursuant to an October 10, 2023 Complaint alleging claims of (1) Wrongful Termination in Violation of Public Policy, (2) Discrimination in Violation of Government Code Section 12940(a), (3) Retaliation for Harassment and/or Discrimination Complaints in Violation of Government Code Section 12940(h), (4) Failure to Prevent in...
2024.02.13 Motion for Summary Adjudication 145
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.02.13
Excerpt: ... Sea View Inn at the Beach, Incorporated, Hal Keasler, Jim Murphy, Branden Alonzo, and Vuong Nguyen (collectively, “Defendants”). On March 10, 2022, Sea View Inn at the Beach, Incorporated, Hal Keasler, and Jim Murphy filed a Cross-Complaint against McCleary, alleging causes of action for (1) conversion, (2) conversion, (3) injury to property, (4) breach of fiduciary duty, (5) intentional infliction of emotional distress, (6) violation of Civ...
2024.02.13 Motion to Compel Inspection 504
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.02.13
Excerpt: ...y and as trustee of the Janet Weiss Separate Property Trust Dated August 10, 2020—sues Defendants Nurbeh Baravarian and Does 1 through 20 pursuant to a June 6, 2022 Complaint alleging claims of (1) IIED/NIED, (2) Violation of Easement, (3) Violation of Covenant of Good Faith and Fair Dealing, and (4) Negligence. The claims arise from the following allegations. Plaintiff Weiss owns Unit 705 at 321 North Oakhurst, Beverly Hills, California (the W...
2024.02.13 Motion to Compel Further Responses 767
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.02.13
Excerpt: ...i filed this medical malpractice action against Defendant David E. Fermelia MD. On September 15, 2023, Defendant filed a motion to compel further responses. On November 30, 2023, Plaintiff filed a motion to compel further responses. MULTIPLE MOTIONS AND FILING FEES Defendant's single motion seeks to compel production pursuant to three discovery requests. Plaintiff's single motion seeks to compel production pursuant to two discovery requests. Each...
2024.02.13 Motion to Compel Further Deposition 882
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.13
Excerpt: ...vachev by and through its successor-in- interest Krasimira Kovacheva (“Plaintiffs”) filed this action against defendants, Chandra Bouchard, Krassimir Iordanov, and Veselka Yordanova for the wrongful death of Martin Radostinov (“Decedent”). Plaintiffs allege Decedent was killed by a gun at a party. Plaintiffs now moves to compel defendant Chandra Bouchard (“Bouchard”) to proceed with and respond to questions at her deposition, which wa...
2024.02.13 Motion to Compel Deposition 075
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.13
Excerpt: ...(Defendant) moves to compel the deposition of Plaintiff Sohel Sedghat (Plaintiff). Defendant sought dates of availability from Plaintiff prior to serving the deposition notice on November 7, 2023, but Plaintiff did not respond to Defendant's offer of dates. (Estrada Decl. ¶¶ 2–3, Exhs. A, B.) Plaintiff only responded with an untimely objection on November 20, 2023, the day before the deposition was to take place. (Estrada Decl. ¶ 4, Exh. C.)...
2024.02.13 Motion to Compel Claims in Complaint to Arbitration 422
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.02.13
Excerpt: ...Rojas”) (collectively, “Defendants”) move to compel Plaintiff Georgina DeLaRosa (“DeLaRosa”) (“Plaintiff”) to arbitrate the claims alleged in her complaint (“Complaint”) and to dismiss this action in its entirety, or in the alternative, stay any further proceedings. (Notice Compel Arbitration, pg. 2; C.C.P. §§1281 et seq. , 1281.4.) Evidentiary Objections Plaintiff's 1/30/24 evidentiary objections to the Declaration of Campbel...
2024.02.13 Motion to Compel Arbitration 338
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.13
Excerpt: ...rtners, LLP (“Martini LLP”), Christopher Passmore (“Passmore”), Steve Martini (“Martini”), and Withum Smith + Brown, PC (“Withum”). Plaintiff asserts causes of action for: (1) breach of fiduciary duty, (2) aiding and abetting breach of fiduciary duty, (3) breach of contract, (4) breach of implied covenant of good faith and fair dealing (5) intentional interference with contractual relations (6) unjust enrichment, (7) gross neglige...
2024.02.13 Motion for Terminating, Issue, or Evidentiary Sanctions, Monetary Sanctions 111
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.13
Excerpt: ... I. INTRODUCTION Plaintiffs Lizette Torres and Omar Torres Angulo (collectively, “Plaintiffs”) move for an order imposing terminating, issue, or evidentiary sanctions against defendant General Motors LLC (“Defendant”) or, in the alternative, an order imposing monetary sanctions and compelling compliance with a prior court order issued on September 15, 2023 (the “September 15 Discovery Order”). Plaintiffs contend that Defendant has fai...
2024.02.13 Motion to Compel Production of Neuropsychological Raw Data 314
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.13
Excerpt: ...an Monsanto, by and through her guardian ad litem Diana Monsanto (“Plaintiff”) filed this action against defendant MV Transportation, Inc. (“Defendant”) for damages arising from the operation of a bus, wherein Plaintiff alleges the sudden application of brakes caused Plaintiff to propel her from her seat and to hit her head against a pole. Plaintiff filed the instant motion for an order compelling Defendant to produce the raw data of Plai...
2024.02.13 Motion for Terminating Sanctions 707
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.13
Excerpt: ...uired 24-hour home health care services, allegedly provided by defendants. On the morning of 02/24/2022 at approximately 7:57am, a caregiver employed by defendants, who was supposed to have been providing the decedent with 24-hour home health care, found the decedent lying face down on the bathroom floor in a pool of her own blood. She was rushed to the hospital and spent eight excruciating days in the hospital on life support. On 03/04/2022, the...
2024.02.13 Motion for Summary Judgment, Adjudication 666
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2024.02.13
Excerpt: ...mary judgment against Plaintiffs Tamara Khachatryan and Edik Marcarian (collectively, “Plaintiffs”). In the alternative, Defendants move for summary adjudication of each of Plaintiff's remaining causes of action. The Court GRANTS Defendant's motion. Background This is a medical malpractice action. Plaintiff Khachatryan has a congenital condition called Congenital Adrenal Hyperplasia (“CAH”) that causes high levels of progesterone producti...
2024.02.13 Motion for Summary Judgment 519
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.02.13
Excerpt: ...time, Defendant, Dr. Mehrdad Saliminejad, M.D. moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Decedent's death. b. Law Governing Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the ...
2024.02.13 Motion for Summary Judgment 199
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2024.02.13
Excerpt: ...nts Manuel Marin Petatan, Hao Van Ly, and Jesus Alvarez on State Route 60 in Diamond Bar. Banuelos Fierro and Banuelos allege Marin Petatan was employed by Defendant Olmas Industries, Inc. (Olmas Industries). On January 24, 2023, Banuelos Fierro and Banuelos filed a complaint against Olmas Industries, Marin Petatan, Ly, the Alvarezes, and Does 1-100, alleging the following causes of action: (1) motor vehicle negligence, (2) general negligence, (3...
2024.02.09 Motion for Relief from Waiver of Constitutional Right to Trial by Jury 930
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.02.09
Excerpt: ... dba OK Bail Bonds and Sang Won Lee (jointly, “Plaintiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo Suh (“John Suh”) and Jae In Suh (jointly, “Defendants”). The operative Third Amended Complaint was filed on November 14, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) conversion, (5) accounting, (6) trade name infringement, and (7) unfair bu...
2024.02.09 Motion for Leave to File Amended Complaint 556
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.09
Excerpt: ...ay, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment ...
2024.02.09 Motion for Leave to File Amended Complaint 944
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.09
Excerpt: ...olombeck (“Golombeck”), Ayal Frist (“Frist”), and JSR Capital, LLC (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”), which was filed on May 3, 2023, alleges: (1) breach of contract (count 1); (2) breach of contract (count 2); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversion; (6) negligent misrep...
2024.02.09 Motion for New Trial, Tax Costs 230
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.09
Excerpt: ...eventually led to his death. Plaintiff proceeded to trial on claims for intentional infliction of emotional distress, negligence, and trespass to chattels. The Court granted Defendant's motion for nonsuit on the claim for intentional infliction of emotional distress. The jury returned a verdict in favor of Plaintiff on the remaining causes of action and awarded a total of $255,000 in damages based upon $5,000 in economic damages, $150,000 in past...
2024.02.09 Motion for Reconsideration 526
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.09
Excerpt: ... August 11, 2022, the Court dismissed the entire action without prejudice pursuant to Code of Civil Procedure § 581(b)(3), when Plaintiff did not appear for Non-Jury Trial. On August 22, 2023, Plaintiff filed the instant motion to set aside the dismissal pursuant to Code of Civil Procedure § 473(b) and seeks reconsideration of the dismissal pursuant to Code of Civil Procedure § 1008. Legal Standard Under Code of Civil Procedure § 1008 (a), �...
2024.02.09 Motion for Reconsideration of Motion to Compel Deposition 063
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.09
Excerpt: ...”) filed an Unlawful Detainer Complaint against ANSELMO SANCHEZ, alleging service upon Defendant of a notice to pay rent or quit. Defendant filed an Answer alleging that Plaintiff had breached the warranty of habitability by failing to make repairs and the amount in the notice to pay rent or quit included rent not yet due. Defendant previously filed a motion to compel Plaintiff's managing agent Jeet Jogani's deposition, and to impose $1,625.00 ...
2024.02.09 Motion for Summary Judgment 645
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...d Melanie Marshall, D.D.S. as to plaintiff's First Amended Complaint. CAUSES OF ACTION: from First Amended Complaint 1) Dental/Medical Malpractice and Res Ipsa Loquitur 2) Lack of Informed Consent SUMMARY OF COMPLAINT: Plaintiff Edward Wilson alleges that in August of 2020, plaintiff had consulted and engaged the services of defendants New Smiles Studio and Melanie Marshall, D.D.S for the purposes of examination, consultation, evaluation, diagnos...
2024.02.09 Motion for Sanctions 713
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.02.09
Excerpt: ...fendant followed the safe harbor procedure required under section 128.7. “Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.” (CCP § 128.7(c)(1).) The proof of ser...
2024.02.09 Motion for Summary Adjudication 154
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.02.09
Excerpt: ...dulent inducement by concealment. On August 11, 2022, Defendant filed its Answer to the Complaint. On December 2, 2022, the Court struck paragraph 39 (regarding complaints filed with the National Highway Traffic Safety Administration against Defendant by individuals who are not the Plaintiffs in this matter) from the Complaint. On November 22, 2023, Defendant filed its Motion for Summary Adjudication. In support of its Motion, Defendant concurren...
2024.02.09 Motion for Summary Judgment 251
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.09
Excerpt: ... Jesus Sierra III, and Jessica Sierra (“Plaintiffs”) filed this action against defendants, City of Los Angeles (“City”), County of Los Angeles, State of California, Savannah Lee Johnson, Elecnor Belco Electric, Inc., and The Roman Catholic Archbishop of Los Angeles for the wrongful death of decedent Jose Jesus Sierra, III (“Decedent”) arising from an automobile collision at the intersection of 47 th St./Main St. in the City of Los Ang...
2024.02.09 Motion for Summary Judgment 373
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.09
Excerpt: ...mary 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.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain...
2024.02.09 Motion for Summary Judgment 433
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.09
Excerpt: ...ies' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “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 evidence' and uncontradicted by other inferences or evidence, sho...
2024.02.09 Motion for Summary Judgment 549
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2024.02.09
Excerpt: ...act that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “The defendant may, but need not, present evidence that conclusively negates an...
2024.02.09 Motion for Attorney Fees 810
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.09
Excerpt: ...ndant Avex Builders, Inc. (Defendant) SUMMARY OF ACTION In this case, the parties settled in Plaintiff's favor. As the prevailing party on contracts containing provisions for attorney fees, Plaintiff is entitled to attorney fees. Plaintiffs filed this motion pursuant to Civ. Code § 1717, which allows for the recovery of attorney fees when a contract contains a fees provision. Both the contracts between the parties and the settlement agreement al...
2024.02.09 Motion for Discovery Sanctions or Protective Order, to Continue Trial and Reopen Discovery 996
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.02.09
Excerpt: ...nly and Annette Schenley RESPONDING PARTY: Defendant Renee Cohen (1) Motion for Discovery Sanctions or, in the Alternative, a Protective Order MOVING PARTY: Defendant Renee Cohen RESPONDING PARTIES: Plaintiffs Paul Schenly and Annette Schenley (2) Motion to Continue Trial and Reopen Discovery The court considered the moving, opposition, and reply papers filed in connection with each motion. BACKGROUND Plaintiffs Paul Schenly and Annette Schenley ...
2024.02.09 Demurrer 418
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.02.09
Excerpt: ...rtation's Demurrer to Complaint. Background Pleadings Plaintiff Apex Development, Inc. (Apex) sues Defendant The People of the State of California (the State), acting by and through the Department of Transportation (erroneously sued as “California Department of Transportation, a department of the State of California”) and Does 1 through 20 pursuant to a December 1, 2023 Complaint alleging claims of (1) Unjust Enrichment and (2) Intentional In...
2024.02.09 Motion for Attorney Fees 603
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.09
Excerpt: ...ling party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice ...
2024.02.09 Demurrer to TAC 472
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.09
Excerpt: ...st be apparent on 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. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the ...
2024.02.09 Motion for Summary Judgment, Adjudication 519
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.02.09
Excerpt: ...for Summary Judgment/Adjudication Regarding Plaintiff's First Cause of Action for Breach of Express Warranty Under the Song- Beverly Act. Background Pleadings Framing Motion Plaintiffs Ian Zachary Botnick, Candy Michelle Botnick, and Mary Jones sued Defendants BMW of North America, LLC (BMW) and Does 1 through 10 pursuant to an October 29, 2022 Complaint alleging claims of (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Viol...
2024.02.09 Demurrer 696
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.09
Excerpt: ...nt Ruben Petrosyan filed his answer. On June 27, 2022, the Court approved a stipulation submitted by the parties granting leave to Plaintiff to file a First Amended Complaint (the “FAC”). According to the stipulation, among other things, Defendant Ruben Petrosyan had died a “few months ago.” Plaintiffs filed the FAC on May 10, 2023. In the FAC, Plaintiffs name as defendants JR Johnnys Limo Services, Inc. (“JR”) and Does 1 through 10. ...
2024.02.09 Demurrer 766
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.02.09
Excerpt: ...QUESTED Defendant, California Box II, demurs to the first through seventh causes of action in the FAC on grounds of failure state facts sufficient to constitute a cause of action. Defendant demurs to the eighth cause of action in the FAC on grounds that the claim is barred by the statute of limitations. BACKGROUND On 04/18/2023, Plaintiff filed a Complaint. On 08/02/2023, Plaintiff filed a First Amended Complaint (FAC). The FAC alleges the follow...
2024.02.09 Demurrer 811
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ...tract, (2) implied indemnity, (3) negligence, (4) conversion, and (5) fraud. The case involves a construction project that took place in Ventura County. The property is owned by RB. BFF was the general contractor on the project, and R&M was the subcontractor. Duarte owns and operates R&M. The complaint alleges that R&M performed its work negligently, causing multiple shutdowns and delays. BFF terminated R&M from the project, and Duarte allegedly ...
2024.02.09 Demurrer to FAC 371
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.02.09
Excerpt: ...legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (19...
2024.02.09 Demurrer to SAC 020
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ...ealth Center) and SEIU Local 721. The complaint was labeled as one for discrimination and violation of labor/union rights. However, the complaint contained no factual allegations. Instead, the complaint merely attached prior complaints filed with the Civil Rights Department and Labor Commissioner's Office. On August 21, 2023, the Court sustained the County's demurrer with leave to amend. Plaintiff filed her First Amended Complaint on September 8,...
2024.02.09 Demurrer, Motion to Strike 381
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.09
Excerpt: ... PARTY: Defendant/Cross-Complainant Caring Heart In Home-Care Services, Inc. (“Caring Heart”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises from alleged misconduct by Plaintiff's home-care providers. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) negligence; (3) elder abuse – financial abuse; and (4) breach of covenant of good faith and fair dealing. The cur...
2024.02.09 Motion for Attorney Fees 446
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.02.09
Excerpt: ...e Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS: O...
2024.02.09 Demurrer, Motion to Strike 769
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2024.02.09
Excerpt: ...it against 12 distinct Defendants alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) business and professions Code section 17200; (5) negligence; (6) breach of the covenant of quiet enjoyment; (7) intentional infliction of emotional distress; (8) negligence per se; (9) violation of Consumer Legal Remedies Act (CLRA); (10) toxic environmental mold tort; (11) violatio...
2024.02.09 Demurrer, Motion to Strike 806
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.09
Excerpt: ...efendant) demurred to Plaintiff Tony Robert Tawil's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraud and deceit and the second COA for breach of the implied covenant of good faith and fair dealing. Defendant concurrently moved to strike the request for punitive damages and allegations referring to three online complaints by unknown persons not parties to this action (Compl. par. 47). Discussi...
2024.02.09 Demurrer, Motion to Strike 856
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.02.09
Excerpt: ... individually and as trustee of the Marks-Titina Living Trust (“Marks”) and E.M. Service's premises located at 4401-4403 Ensign Ave. in North Hollywood when she suddenly and without notice lost her footing and fell due to the slanted nature and non-compliant surface condition of the stairs that presented a dangerous condition. Plaintiff alleges that the stairs were improperly maintained and presented an unreasonable danger. The complaint, fil...
2024.02.09 Demurrer, Motion to Strike to FACC 631
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.02.09
Excerpt: ...(3) Indemnity (4) Declaratory Relief (5) Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the First Amended Cross- Complaint relating to attorneys' fees, punitive damages and treble damages. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute regarding real property commonly known as 28212 Kell...
2024.02.09 Motion for Attorney Fees 139
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.02.09
Excerpt: ...2, commonly known as the Song-Beverly Act. The parties have reached an agreement of settlement which provides for attorney's fees to be determined by motion made to this Court. Plaintiff now brings such a motion and Tesla opposes. ANALYSIS: I. LEGAL STANDARD “The Song-Beverly Act. . . includes a fee-shifting provision allowing for prevailing buyers to recover attorney fees under section 1794.” (Reynolds v. Ford Motor Co. (2020) 47 Cal.App.5th...
2024.02.09 Motion for Attorney Fees 280
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.09
Excerpt: ...y 27, 2022. Plaintiff alleges that Defendant breached the terms of a loan agreement by failing to make payments as required by its terms. Plaintiff moves for attorney's fees and costs. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees and Costs is GRANTED. DISCUSSION: Plaintiff moves for attorney's fees and costs. Entitlement to Fees Civil Code section 1717 provides, in relevant part: In any action on a contract, where the contract specifi...
2024.02.09 Motion for Summary Judgment, Adjudication 323
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...adjudication on plaintiff's five causes of action CAUSES OF ACTION: from First Amended Complaint 1) Dental Malpractice—Breach of Standard of Care 2) Dental Malpractice—Negligent Misrepresentation 3) Dental Malpractice—Failure to Properly Keep or Provide Medical Records 4) Breach of Oral Contract 5) Specific Performance SUMMARY OF COMPLAINT: Plaintiff Stepan Tashchyan alleges that in May of 2019 plaintiff entered into an oral contract with d...
2024.02.09 Motion to Continue Trial Date 653
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.09
Excerpt: ... against the Inglewood Unified School District (“Defendant”) for damages arising from a a steel gate closing on Plaintiff's finger. Trial is currently set for April 3, 2024. Defendant requests the Court to continue the trial date and all related dates to at least 30 days after October 3, 2024, in order for its motion for summary judgment (“MSJ”) to be heard prior to trial. Plaintiff opposes the motion. II. Trial Continuance Although conti...
2024.02.09 Motion for Summary Judgment, Adjudication 916
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.02.09
Excerpt: ...Y: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; and (2) equitable estoppel/declaratory relief to quiet title. In relevant part, the SAC alleges: the Property is part of the estate of Carl Lawton (“Decedent”), who died intes...
2024.02.09 Motion to Set Aside Default, Judgment 725
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.02.09
Excerpt: ...d into a written contract with Plaintiff. Defendant Dean Crescenzi is alleged to be Anthony Crescenzi's son and that he signed the contract as Anthony Crescenzi's agent and as the “Authorized Representative.” Plaintiff alleges that Anthony Crescenzi has been a resident at Plaintiff's residential care facility for the elderly. Plaintiff alleges that it is owed $27,750 for residency, care, and services provided to Anthony Crescenzi through Sept...
2024.02.09 Renewed Motion in Limine to Exclude Evidence 845
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2024.02.09
Excerpt: ...trol Board on August 16, 2016 (the “Decision”), and any argument related to the Decision, from the evidence to be presented at trial. As part of the Renewed Motion, Defendants have also asked the Court to consider the application of collateral estoppel to the Decision, a topic which was previously considered by the Court in 2021/2022 in view of a Motion in Limine filed by Plaintiffs. The Court has reviewed the Renewed Motion, filed January 5,...
2024.02.09 Petition for Writ of Mandate to Compel Inspection and Copying of Corporate Records 280
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.02.09
Excerpt: ...r Writ of Mandate to compel inspection and copying of corporate documents under CCP § 1085 and Corporations Code, § 17704.10 against Respondent Oceans V, LLC (“Respondent”). Petitioner alleges that he is the owner and holder of record of one Class A Membership Unit as defined in the Operating Agreement for Oceans V, LLC dated June 21, 20216 of Respondent as a result of having invested $500,000 and paid an administrative fee of $30,000 pursu...
2024.02.09 Petition for Writ of Mandate 363
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2024.02.09
Excerpt: ...l Party in Interest, California Department of Veterans Affairs (the Department).[1] The Department opposes the petition. The petition is DENIED. BACKGROUND Petitioner has worked as a CNA at the Department's Chula Vista Veterans Home since February 7, 2015. (AR 2.) Petitioner “has no prior formal discipline. Overall, [Petitioner] was considered a good and dependable CNA by her peers and supervisors.” (AR 321 [Administrative Decision].) “In h...
2024.02.09 OSC Re Contempt 871
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.09
Excerpt: ... in contempt for willfully disobeying a deposition subpoena. The deposition subpoena was issued to Ngoc on August 30, 2023, and personally served on her on September 7, 2023. The deposition was scheduled for September 28, 2023. It is undisputed that Ngoc did not appear for her deposition. On February 1, 2024, Ngoc filed a “response” to this motion, in which her attorney, Dan Hogue, states that Ngoc's failure to attend the deposition was due t...
2024.02.09 Motions to Dismiss or Stay 277
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...ternative, staying all further proceedings SUMMARY OF FACTS: Plaintiff Alphonso Luna alleges that in June of 2021, plaintiff was operating a tractor and flatbed trailer on interstate 80 in Nebraska, in a reasonable manner, when present on interstate 80 was a work zone with workers present, and warning signs lining the roadway, alerting drivers of the need to slow down or stop. Plaintiff alleges that as plaintiff proceeded through the work zone, h...
2024.02.09 Motion to Vacate Default, Judgment 590
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.09
Excerpt: ... On May 16, 2023, the Court granted Plaintiff's request for default judgement but denied the request for punitive damages. The Court ordered Plaintiff to submit an amended judgment form to reflect the Court's order. (Min. Order, 5/16/23.) On July 3, 2023, the Court granted default judgment against Defendant. On December 28, 2023, Defendant filed the instant motion to vacate the entry of default and default judgment under Code of Civil Procedure s...
2024.02.09 Motion to Vacate Default Judgment 549
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.02.09
Excerpt: ...the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS:...
2024.02.09 Motion to Tax Costs 165
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.09
Excerpt: ...ndant Tiffanie Cassady (Co-Defendant). On November 1, 2022, the court granted Co-Defendant's motion to quash service of summons. On September 18, 2023, the court entered judgment in favor of Defendant. On October 2, 2023, Defendant filed a memorandum of costs. On October 13, 2023, Plaintiffs filed this motion to tax Defendant's costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right...
2024.02.09 Motion to Tax Costs 138
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2024.02.09
Excerpt: ...1033.5, subd. (a)(1).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) “‘[T]he trial court has no discretion to deny prevailing party statu...
2024.02.09 Motion to Strike or Tax Costs 958
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.02.09
Excerpt: ...d (2) what is the basis for Houck's claim to fees/costs. Cal. Code of Civ. Proc. §1032 provides the prevailing party entitled to recover costs. A prevailing party includes “the party with a net monetary recovery.” Cal. Code of Civ. Proc. §1032(a)(4). If no party prevailed according to the statute, the court “may allow costs or not and, if allowed, may apportion costs between the parties.” Id. In its judgment the court awarded Houck a pr...
2024.02.09 Motion to Strike or Tax Costs 354
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.02.09
Excerpt: ...enied. BACKGROUND Plaintiffs bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle they purchased on or around 9/10/19, for which Defendant issued the manufacturer's express warranty. (Compl. ¶¶ 4, 6.) On 5/4/21, Plaintiffs filed their complaint, alleging against Defendant the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code s...
2024.02.09 Motion to Strike 206
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2024.02.09
Excerpt: ...ears for money had and received by Defendant for the use and benefit of Plaintiff; for goods, wares, and merchandise sold and delivered to Defendant and for which Defendant promised to pay Plaintiffs $3,900; and for money paid, laid out, and expended to or for Defendant's special instance and request. Plaintiffs allege that they paid $2,000 for Bertha Gamboa's dental care in September 2017 to cap her tooth, but the cap did not last and fell out i...
2024.02.09 Motion to Stay Proceedings 134
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ... the Song-Beverly Act. BMW of North America is the only remaining Defendant. On February 28, 2022, this Court granted BMWNA's motion to compel arbitration. The parties thereafter initiated arbitration with JAMS, but subsequently stipulated to return to court. On December 22, 2023, Defendant BMWNA filed a motion to stay the proceedings pending the California Supreme Court's review of the appellate decision in Rodriguez v. FCA US, LLC (2022) 77 Cal...
2024.02.09 Motion to Set Aside Judgment 746
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2024.02.09
Excerpt: ...y encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On April 13, 2023, Plaintiff Brison Hardin filed the operative First Amended Complaint (“FAC”) against the County of Los Angeles for FEHA discrimination, FEHA retaliation, and FEHA failure to prevent discrimination and retaliation. On June 16, 2023, the Court sustained the County's demurrer to the FAC because Plaintiff had not pleaded an adverse emplo...
2024.02.09 Motion to Enforce Settlement Agreement 421
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.02.09
Excerpt: ...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 te...
2024.02.09 Motion to Bifurcate 464
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.02.09
Excerpt: ...lity and damages. Plaintiff Chip Brown (“Plaintiff”) opposes the motion. Trial is set for May 20, 2024. Defendants properly sought a bifurcation order in advance of the trial date. (See CCP § 598 [court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial].) However, a trial court may also “on its own motion . . . make such an order at any t...
2024.02.09 Motion to Compel Discovery Responses, for Sanctions 743
Location: Los Angeles
Judge: Epstein, Mark H
Hearing Date: 2024.02.09
Excerpt: ...er 14, 2023. On December 19, 2023, the court heard the motion and granted it. The court ordered that verified, code-compliant responses be served within 5 court days without objection other than privilege. But the court also stated that if Weiss and Hamer believed that the December 14, 2023, responses complied with the court's December 19, 2023, order, they could stand on those responses. The court warned, though, that if they stood on their resp...
2024.02.09 Motion to Compel Arbitration 630
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.02.09
Excerpt: ... Security”) (collectively, “Plaintiffs”) filed this action against defendant Tesla, Inc. dba Tesla Motors, Inc. (“Tesla”). Plaintiffs assert causes of action for violations of the Song-Beverly Act and allege that Tesla has failed to comply with its warranty and repair obligations in connection with Plaintiffs' leased 2022 Tesla Model 3 (the “Subject Vehicle”). On September 5, 2023, Defendant filed this motion for an order compelling...
2024.02.09 Motion to Compel Arbitration 902
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.02.09
Excerpt: ...our Declaration; Request for Judicial Notice; Opposing Papers: Opposition; Evidentiary Objections; Request for Judicial Notice; Serrano Declaration Reply Papers: An untimely Reply was submitted but the Court will still consider it. Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Correct Address (CCP §1013, §1013a, §1013b): Ok CCP §1290.4 is not applicable. RELIEF REQUESTED Defendant, Mercedes-Benz...
2024.02.09 Motion to Compel Arbitration 921
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.09
Excerpt: ...' Motion to Compel Arbitration is GRANTED. The case is stayed pending arbitration. The Court sets a Status Conference Re: Arbitration for December 5, 2024 at 8:30 a.m. Defendants to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL & PROCEDURAL BACKGROUND This action was commenced by attorney Jonathan Roven (Plaintiff) who filed a Complaint on November 2, 2023 alleging three ca...
2024.02.09 Motion to Compel Arbitration and Stay Action 559
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.02.09
Excerpt: ...due 5 court days prior to the new hearing date. Introduction Defendants Sky Zone, LLC and SZ Socal, LLC dba Sky Zone Van Nuys, fka SZ Van Nuys Capital Partners, LLC erroneously named/served as 7741 Hayvenhurst, LLC (collectively, Defendants) moved to compel arbitration and stay Plaintiff Linda Nguyen's (Plaintiff) action. Defendant requested attorneys' fees and costs per the arbitration agreement and/or monetary sanctions per Code of Civil Proced...
2024.02.09 Motion to Compel Compliance with Motion to Compel Further Responses 619
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.02.09
Excerpt: ... alleges five causes of action for (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code § 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of express written warranty, and (5) breach of the implied warranty of merchantability. On April 21, 2023, the Court granted Plaintiff's motion to compel further responses to discovery demands. Plaintiff now moves to compel GM's compliance with that order. GM opposes the mot...
2024.02.09 Motion to Compel Deposition 048
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...ED BY MOVING PARTY: Order compelling Alen Bejanyan to attend deposition and provide testimony Points & Authorities supporting sanction: Yes FACTUAL BACKGROUND: Plaintiffs Armine Harutyunyan and Vadim Harutyunov allege that defendant Alen Bejanyan is the purported owner of property and a residence located on Dublin Drive in Glendale, which plaintiffs have rented from defendant since February of 2019. Plaintiffs allege that on August 1, 2021, plain...
2024.02.09 Motion to Compel Further Responses 553
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.02.09
Excerpt: ... & Klein. Plaintiffs filed the operative First Amended Complaint on January 12, 2021, asserting causes of action for (1) trade libel/slander, (2) intentional and (3) negligent interference with prospective economic relations, (4) interference with contractual relations, (5) unfair competition, (6) intentional infliction of emotional distress, and (7) negligent supervision. The FAC alleges the following pertinent facts. The dispute centers around ...
2024.02.09 Motion to Dismiss Representative PAGA Claims 687
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2024.02.09
Excerpt: .... Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ANAL...
2024.02.09 Motion to Compel Further Responses 604
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2024.02.09
Excerpt: ...SES IS GRANTED. DEFENDANT TO SERVE FURTHER RESPONSE TO THE SUBJECT DISCOVERY WITHIN 20 DAYS OF NOTICE OF RULING. PLAINTIFF'S REQUEST FOR SANCTIONS IS GRANTED IN THE AMOUNT OF $2,010.00. PLAINTIFF 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, op...
2024.02.09 Motion to Compel Further Responses 609
Location: Los Angeles
Judge: Broadbelt, Robert
Hearing Date: 2024.02.09
Excerpt: ...SES TO SPECIAL INTERROGATORIES, SET THREE, NOS. 122-138 MOVING PARTY: Defendant Beverly Hills Rehabilitation Centre, LLC RESPONDING PARTY: Plaintiff Mansoureh Aghayan (1) Motion to Compel Further Responses to Special Interrogatories, Set One, Nos. 45, 46, 65, 66, and 68. (2) Motion to Compel Further Responses to Special Interrogatories, Set Three, Nos. 122-138 The court considered the moving, qualified opposition, and reply papers filed in connec...
2024.02.09 Motion to Compel Further Responses, for Sanctions 848
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.02.09
Excerpt: ...loyment discrimination action that was filed on December 14, 2022. Plaintiff alleges that he was subjected to extensive harassment by his immediate supervisor throughout his employment, and that he was terminated for taking time off from work to recover from a shoulder injury. Defendant moves to compel further responses to special interrogatories, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Special Inter...
2024.02.09 Motion to Compel Responses 663
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2024.02.09
Excerpt: ...D TO COMPEL THE DEPOSITION OF DEFENDANT IERVOLINO The motions to compel responses to form interrogatories, special interrogatories, and requests for production of documents all set one are GRANTED. Defendant is ordered to serve further verified responses without objections within 20 days after the date of this order. Responsive documents must also be served within 20 days after the date of this order. Sanctions in the amount of $3,390 are imposed...
2024.02.09 Motion to Continue Trial 756
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.09
Excerpt: ...ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessity for the continuance is discovered.” Rule 3.1332(c) of the California Rules of Court provides the “[c]ircumstances that may indicate good cause” to continue the trial, and rule 3.1332(d) provides “the facts and circumstances that are relevant to...
2024.02.09 Motion to Declare Vexatious Litigant 424
Location: Los Angeles
Judge: Beckloff, Mitchell
Hearing Date: 2024.02.09
Excerpt: ...pposes the motion. Respondent's request for judicial notice of Exhibits 1, 2 and 3 through 27 is granted. [1] Respondent's supplemental request for judicial notice is denied. It appears the supplemental request is duplicative of Respondent's initial request for judicial notice. [2] That Respondent has used the same identifying numbers for both requests for judicial notice further complicates matters. Respondent's request for judicial notice of Ex...
2024.02.09 Demurrer 312
Location: Los Angeles
Judge: Epstein, Mark H
Hearing Date: 2024.02.09
Excerpt: ...that occurred after1/1/20, plaintiff has 3 years to go to the DFEH. The incidents here seem to have occurred in 2019, so plaintiff had 1 year to go to the DFEH. (It is not 100% clear that all of the conduct took place in 2019—the complaint is a bit vague on that.) Plaintiff alleges that she filed a timely claim with the DFEH. Although the actual claim is not attached, there is no requirement that it be attached and the court will presume that t...

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