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75401 Results

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2024.05.28 Motion for Leave to File FAC 649
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2024.05.28
Excerpt: ...eave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. DISCUSSION: Plaintiff moves for leave to file a First Amended Complaint. Legal Standard The Court may, “at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, . . . allow the amendment of any pleading.” (Code Civ. Proc. § 576.) A motion to amend a ...
2024.05.28 Demurrer, Motion to Strike 410
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.28
Excerpt: ...ositions, and replies, and renders the following tentative decision. I. Statement of the Case Petitioner FTC commenced this proceeding on December 5, 2023. On February 23, 2024, FTC filed the FAP, the operative pleading, which alleges ten causes of action for declaratory relief and/or mandamus. The verified FAP alleges in pertinent part as follows. A. Pertinent Facts As a California non -profit public benefit corporation, FTC's mission is to prom...
2024.05.28 Motion for Judgment on the Pleadings 619
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.28
Excerpt: ...a Williams- Sonoma Inc., Trader Joe's Company, and Trader Joe's East Inc. The operative complaint is the first amended complaint, filed on January 21, 2020. On May 1, 2024, Defendants filed a motion for judgment on the pleadings. REQUESTS FOR JUDICIAL NOTICE Defendants' Request for Judicial Notice of Exhibits A, B, I, J -M is denied as irrelevant. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (...
2024.05.28 Demurrer 047
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2024.05.28
Excerpt: ... Fox Hills Auto, dba Airport Marina Ford (“Airport Marina”) (collectively, “Defendants”) demur to Plaintiff Shlomi S. Harush's (“Harush”) (“Plaintiff”) complaint (“Complaint”) on the following grounds: (1 ) pursuant to C.C.P. §430.10(e), Plaintiff cannot state his fifth cause of action for fraudulent inducement – concealment against Ford as a matter of law because the claim fails to plead essential elements to state the cla...
2024.05.28 Demurrer 265
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.28
Excerpt: ...BACKGROUND This is an action for unlawful detainer. On March 22, 2024, Plaintiff Naomi Ortega (“Plaintiff”) initiated this action against Defendant Rosa A. Trujillo (“Defendant”). The complaint alleges that Defendant entered into a lease agreement with Plaintiff since March 1, 2017 in connection with the residential property located at 734 E. 42nd Place, Los Angeles, CA 90011. The complaint further alleges that the tenancy was terminated ...
2024.05.28 Demurrer 484
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.05.28
Excerpt: .... Rocco (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court sustaining Defendants' demurrer to the Complaint. TENTATIVE RULING: The demurrer is SUSTAINED WITH LEAVE TO AMEND. The request for judicial notice is GRANTED. BACKGROUND On December 12, 2023, Plaintiff, in pro per, initiated this action against Defendants. It appears that the Complaint alleges the following causes of action: (1) Indemnity (Compl., at p. 4); (2) Trade ...
2024.05.28 Demurrer 548
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2024.05.28
Excerpt: ...ration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This is an action to quiet title. In November 1987, Plaintiff Shelia Crigler and William Crigler purchased a property in Pomona. To finance their purchase, they obtained a secured loan and subsequently mortgaged the Pomona property for additional funds. In October 2018, they executed a quitclaim deed to convey their ownership ...
2024.05.28 Demurrer 763
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.28
Excerpt: ...id Hosseimzadeh Dolkhani (“Defendant” and, together with Plaintiff, “Parties”) dissolved their marriage in 2021. (Complaint p. 6.) The judgment of dissolution called for equal custody of their minor child (Parties' “Daughter”) with Defendant as the custodial parent. ( Ibid.) Despite this, Defendant prevented Plaintiff from seeing his Daughter for months at a time and interfered with, disrupted, or refused to bring their Daughter to co...
2024.05.28 Demurrer, Motion to Strike 849
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2024.05.28
Excerpt: ...ELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer for damages in the amount of $10,000,000. RULING : The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTORY On 3/14/24, Plaintiff Julian Lawrence Colberg (Plaintiff), representing himself, filed this action against Defendant Mahasti Saghizadeh, D.D.S. (Defendant) for: (1) Trespass, (2) Negligence, (...
2024.05.28 Demurrer, Motion to Strike Punitive Damages 604
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.28
Excerpt: ...orming defendants of r epairs needed, defendants failed to timely make such repairs. Plaintiff claims defendants initiated eviction proceedings in retaliation for his complaints. Defendants demur to the fourth cause of action for intentional infliction of emotional distress and move to strike punitive damages. Intentional Infliction of Emotional Distress “‘The elements of a prima facie case for the tort of intentional infliction of emotional ...
2024.05.28 Motion for Attorney Fees 502
Location: Los Angeles
Judge: Cooper, Andrew E
Hearing Date: 2024.05.28
Excerpt: ...ENTATIVE RULING: The motion is granted in part. Plaintiff is awarded $12,520.07 in attorney fees and costs. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.¿When e- filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing f...
2024.05.28 Motion for Attorney Fees 910
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.05.28
Excerpt: ...nsation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings 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 p...
2024.05.28 Motion for Determination of Good Faith Settlement 315
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.28
Excerpt: ...ondition of Public Property against City, and (2) Premises Lability/Negligence against Cavanaugh. On April 6, 2023, Plaintiff filed an amendment to the Complaint substituting Zorion LLC (“Zorion”) as Doe 1. On March 22, 2024, Plaintiff filed an additional amendment to the Complaint naming Royal Landscaping, Inc. (“Royal”) as Doe 2. On May 11, 2023, Zorion filed a Cross -Complaint against Roes 1 through 50 for: (1) Equitable Indemnity, (2)...
2024.05.28 Motion for Determination of Good Faith Settlement 492
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.28
Excerpt: ...Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On January 28, 2022, plaintiffs Emily Perez and Joe Perez initiated this action. In the operative first amended complaint against defendants City of Los Angeles; CST Industries, Inc.; CST Covers Industries, Inc., a dissolved California corporation; and Kie wit Infrastructure West Co., f/k/a Kiewit Pacific Co., plaintiffs allege three...
2024.05.28 Motion for Determination of Good Faith Settlement 599
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.28
Excerpt: ...pshire Inc. and I Park Inc. I Park also filed a cross -complaint against Y&Y, Horizon Plastering Inc., Allstate Engineering dba Allstate Waterproofing, and others. On April 29, 2024, I Park filed a motion for determination of good faith settlement. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) The court...
2024.05.24 Motion to Compel Compliance with Subpoena for Records of Third Party Witness 019
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...3) TENTATIVE RULING The Motion to Compel Compliance with Subpoena for Records of Third Party Witness is DENIED. I. BACKGROUND This case arises out of a complaint for elder abuse filed by Plaintiff and Cross -Defendant Claudia Neuman against Defendant and Cross -Complainant Evie Ryland (“Ryland”). In the Complaint, Plaintiff and Cross- Defendant Claudia Neuman alleges, among other things, that Ryland exerted undue influence on Marian Neuman (�...
2024.05.24 Motion to Compel Deposition, for Sanctions 816
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.05.24
Excerpt: ... Maxx of CA, LLC (“Defendant”) NOTICE: OK RELIEF REQUESTED: An order compelling Defendant to produce its employee Paul Kangas at deposition to answer questions and produce documents, and imposing sanctions of $2,450.00 against Defendant and its attorney of record. TENTATIVE RULING: The motion is GRANTED. The request for monetary sanctions is GRANTED IN PART. BACKGROUND This action arises from alleged personal injuries that Plaintiff sustained...
2024.05.24 Motion to Compel Deposition, for Sanctions 377
Location: Los Angeles
Judge: Fusselman, Ian
Hearing Date: 2024.05.24
Excerpt: ... of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it . . . th e party giving the notice may move for an order compelling the deponent's attendance and testimony . . . .” (Code Civ. Proc., § 2025.450(a).) “Any party served with a deposition notice . . . waives any error or irregularity unless that party promptly serves a ...
2024.05.24 Motion to Compel Deposition, for Sanctions 300
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.24
Excerpt: ...nsidered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND On April 13, 2022, Petitioner Metlife Home and Auto (“Petitioner”) filed a Petition for Assignment of Miscellaneous Court Number in Uninsured Motorist Arbitration Matter (the “Petition”) agains...
2024.05.24 Motion to Compel Deposition 824
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2024.05.24
Excerpt: ...otice. Defendants filed a motion to quash this deposition subpoena, which stayed the taking of the deposition, then withdrew it. On April 3, 2024, the Court continued the hearing on this motion pursuant to stipulation and order in light of the parties agreeing that the deposition would proceed on May 1, 2024. On May 13, 2024, Defendant Patrick Gogerchin filed a Supplemental Opposition indicating that Marcus appeared for a first deposition session...
2024.05.24 Motion to Compel Deposition 345
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.05.24
Excerpt: ...t to resolve informally: Yes, Exs. C, D FACTUAL BACKGROUND: Plaintiff Eddie Soto alleges that in December of 2020, plaintiff leased a 2021 Kia Sorento for which a written warranty was issued by defendant Kia America Inc., pursuant to which Kia America, Inc. agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was d...
2024.05.24 Motion for Summary Judgment, Adjudication 057
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.24
Excerpt: ...es that she was a patron at Defendant's The Coffee Bean & Tea Leaf (Premises) and was walking inside of the store when she slipped and fell in a large puddle of soapy water on the floor. (Compl. ¶ 7.) Plaintiff alleges that Defendant knew or should have known that the slippery substance on the surface of the floor of the store aisle constituted a dangerous condition. ( Id.) The hearing on the instant MSJ/MSA was initially scheduled for 5/10/2024...
2024.05.24 Motion to Compel Arbitration 722
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2024.05.24
Excerpt: ...s considered the moving, opposition, and reply papers. BACKGROUND This action arises from Plaintiff Erika Ramirez (“Ramirez”) purchasing a 2021 Mercedes - Benz C300W (the “Subject Vehicle”). On June 26, 2023, Plaintiff filed a Complaint against Defendants LAD MB, LLC, Mercedes-Benz Financial Services USA LLC, Mercedes -Benz USA, LLC (“MBUSA”), Travelers Casualty Insurance Company of America (collectively “Defendants”), as well as ...
2024.05.24 Motion to Compel Arbitration 379
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.24
Excerpt: ...A claim . On April 25, 2024, Defendant filed the instant motion to compel arbitration. Plaintiff filed his opposition on May 13, 2024. Defendant filed its reply on May 17, 2024. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent t...
2024.05.24 Motion to Amend Complaint, to Stay 106
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...C) (1) PLAINTIFF/CROSS -DEFENDANT HOMELAND'S MOTION TO AMEND COMPLAINT (filed 04/25/2024) (2) DEFENDANT/CROSS -COMPLAINANT WESCO'S MOTION TO STAY (filed 05/01/2024) TENTATIVE RULING Homeland's motion to amend the first amended complaint is GRANTED. Homeland is ordered to file the proposed First Amended Complaint in ten (10) days. Wesco's motion to stay is GRANTED. I. BACKGROUND This is an insurance coverage dispute between insurance carriers whic...
2024.05.24 Motion to Amend Complaint 229
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.05.24
Excerpt: ...S MOTION TO AMEND COMPLAINT (filed 03/28/2024) TENTATIVE RULING Plaintiff's motion to amend Complaint is DENIED. I. BACKGROUND On September 4, 2020, Plaintiffs Animal Protection and Rescue League, Inc. (“APRL”), and Dina Kourda (“Kourda”) (collectively “Plaintiffs”) filed a Complaint. The operative pleading is the Second Amended Complaint (“SAC”) which alleges causes of action fo r (1) Consumer Legal Remedies Act, (2) unfair busin...
2024.05.24 Motion for Trial Preference 554
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.24
Excerpt: ...Inc. TRIAL DATE: September 9, 2024 MOTION: (1) Motion for Trial Preference Tentative Rulings: (1) Plaintiff's Motion for Trial Preference is GRANTED. I. BACKGROUND A. Factual This action concerns the wrongful death of decedent Gamaliel Gonzalez, who was working inside an oil storage tank at Torrance Refinery, when a jack stand his crew was using malfunctioned under weight, causing parts of the jack stand to break apart under hi gh velocity, strik...
2024.05.24 Motion for Terminating Sanctions 115
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2024.05.24
Excerpt: ...surance Company. The operative Firs t Amended Complaint, filed July 25, 2022, alleges (1) personal injury and property damage, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, and (4) bad faith denial of insurance coverage. Plaintiffs owned a duplex in Los Angeles, in which Robert Blaisch and Kenneth Eldon were tenants. The duplex burned down in a fire due to the alleged negligence of Blaisch and Eldon, w...
2024.05.24 Motion for Summary Judgment, Adjudication 681
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.24
Excerpt: ...; Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts use a three -step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fac tual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Defendant establishes it is entitled to summary judgme...
2024.05.24 Motion to Compel Further Responses 574
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.05.24
Excerpt: ... sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Not since supplemental responses served FACTUAL BACKGROUND Plaintiff Adrineh Ordookhanian alleges that she has been an employee of defendant County of Los Angeles (County) for over sixteen years, and in 2016 applied for a promotion within the County's assessor's office, for which she was fully qualified. Plaintiff alle...
2024.05.24 Motion to Compel Further Discovery Responses, for Monetary Sanctions 030
Location: Los Angeles
Judge: Watkins, Shirley K
Hearing Date: 2024.05.24
Excerpt: ...e notice of motion. If the separate statement refers to matters not in the notice of motion, the court does not consider them. 175 Deny further response 176 Moot, not in separate statement 176 Deny further response 177 Deny further response 178 Deny further response 179 Deny further response 180 Deny further response 181 Deny further response 182 Deny further response 183 Deny further response 184 Deny further response 185 Deny further response 1...
2024.05.24 Motion to Recognize Foreign Judgment 806
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.24
Excerpt: ...dai Securities Co., Ltd. v. Lee (2013) 215 Cal.App.4th 682, 693.) “[A] plaintiff, in order to obtain recognition of a foreign -country money judgment must proceed in accordance with the normal procedures applicable to actions and not by way of a motion or petition to recognize the foreign -country money judgment.” ( Ibid. ) If a plaintiff “wishes to have its contentions dealt with summarily, it must do so by way of a motion for summary judg...
2024.05.24 Motion to Compel Further Responses 909
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2024.05.24
Excerpt: ...dant”) arising fr\ om its purchase of a 2023 Cadillac Escalade (“Subject Vehicle”). Plaint\ iff alleges that Defendant advertised the sale of the Subject Vehicle for a certain price\ on the internet but when Plaintiff came to purchase it, Plaintiff was charged $\ 40,000 more than the advertised price without his knowledge. On September 22, 2023, Defendant served Plaintiff with Requests for Production of Documents, Set One. Plaintiff served ...
2024.05.24 Motion to Strike FAC 649
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2024.05.24
Excerpt: ...no Sales (collectively, “Plaintiffs”) filed this action against Defendants Fermin M. Fuentes and Jeanette De Angel (jointly, “Defendants”) On September 25, 2023, Plaintiffs filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) wrongful eviction, (2) breach of covenant of quiet enjoyment (tort), (3) breach of covenant of quiet enjoyment (statute), (4) intention al infliction of emotional distress, (5) v...
2024.05.24 Request for Entry of Default Judgment 477
Location: Los Angeles
Judge: Stern, Douglas
Hearing Date: 2024.05.24
Excerpt: ...alleging general negligence and premises liability. Basheer claims that: “On or about March 14, 2023 Plaintiff was lawfully on the premises of Defendants DAVID L ABO, an individual; TONY T NGUYEN, an individual; DIMONDALE ADOLESCENT CARE FACILITY, unknown entity; and DOES 1 TO 50, inclusive, located at or near 2509 W 115th Pl., Hawthorne, CA 90250. Plaintiff was walking within the subject premises when she slipped on a dirty, slippery and/or we...
2024.05.24 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.24
Excerpt: ...HIS ORDER ANALYSIS: On April 19, 2023, an arbitrator issued an Arbitration Award in favor of Maria Avila (“Petitioner”) and against American Complete Home Services, Inc. dba American Air Conditioning & Heating (“Respondent”). On January 19, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). Petitioner filed proof of service of the Petition on May 1, 2024. No response to the Petition has been fil...
2024.05.24 Petition for Writ of Mandate 200
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.24
Excerpt: ...ent found that during the pandemic, Petitioner's normal pattern of earning a living was in commissioned sales and therefore she was ineligible for unemployment compensation benefits. An Administrative Law Judge (“ALJ”) affirmed that decision, and Respondent adopted the ALJ's decision. Petitioner seeks a writ of mandate compelling Respondent to set aside that decision. At the trial setting conference, the court scheduled the petition for heari...
2024.05.24 Motions to Compel Responses, to Deem RFAs Admitted 037
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2024.05.24
Excerpt: ...On January 26, 2024, Defendant Constance Wildasinn served Requests For Production of Documents, Special Interrogatories, Form Interrogatories, and Requests for Admissions on Plaintiff Casamigo Capital LLC. Plaintiff did not provide timely responses, and Defendant agreed to extend the deadline to March 25, 2024. Plaintiff still did not serve responses. On April 3, 2024, Defendant filed four motions to compel Plaintiff's responses and to deem the R...
2024.05.24 Motions to Compel Responses to Discovery 478
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.05.24
Excerpt: ...f matters admitted in Requests for Admissions, Set One MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiffs Jay D. Helmer and Natasha L. Marchewka allege that in October of 2021 plaintiffs purchased a 2021 Jeep Wrangler, in connection with which defendant FCA US LLC issued a written warranty, in which defendant FCA US LLC undertook to preserve or main tain the utility or performance of the vehicle or provide compensation if there was a f...
2024.05.24 Motion to Tax Costs 178
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2024.05.24
Excerpt: ...h she claimed caused her multiple physical injuries. After a 5 day jury trial, the jury found that D was not negligent and this Court accordingly entered a judgment for D on 3/26/24. Prior to trial, D made 2 § 998 offers to compromise: 6/12/20 for $15,001 and one on 8/30/22 for $25,000. Neither was accepted. On 4/10/24, D served its Memorandum of Costs (“Cost Memo”) on P seeking $75,315.50 as the prevailing party. P brings this instant motio...
2024.05.24 Motion to Set Aside Default Judgment 756
Location: Los Angeles
Judge: Richardson, Tony L
Hearing Date: 2024.05.24
Excerpt: ...oves to set aside the default judgment Plaintiff took against Defendant. Plaintiff opposes the motion. DISCUSSION “There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from a default. Those areas are (1) void judgment, (2) extrinsic fraud, (3) constructive service, and (4) extrinsic mistake.” ( Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147.) The Court may set aside the default judgment as voi...
2024.05.24 Motion to Compel Mental Exam 418
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2024.05.24
Excerpt: ...ALYSIS Motion To Compel Mental Exam Defendant County of Los Angeles moves to compel a mental examination of Plaintiff. Civ. Proc. Code, § 2032.020(a) provides in relevant part: (a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a . . . mental examination of (1) a party to the action, . . . in any action in which the mental . . . condition . . . of that party . . ...
2024.05.24 Motion to Set Aside Default Judgment 289
Location: Los Angeles
Judge: Richardson, Tony L
Hearing Date: 2024.05.24
Excerpt: ...default against Defendant. Defendant moves to set aside the default judgment Plaintiff took against Defendant. Plaintiff opposes the motion. The Court previously considered this motion and, in its order of January 17, 2024, continued the matter for further briefing. DISCUSSION “There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from a default. Those areas are (1) void judgment, (2) extrinsic frau...
2024.05.24 Motion to Set Aside Default 690
Location: Los Angeles
Judge: Richardson, Anne
Hearing Date: 2024.05.24
Excerpt: ...sion of Code of Civil Procedure Section 473 or, in the Alternative, Pursuant to the Mandatory Provision of Section 473. I. Background A. Pleadings Plaintiff Robert Drummond, as trustee of the Drummond Family Trust of 1991 sues Defendants Armin Monfared, Innovate Realty, Inc. (sued as Innovative Realty, Inc.; hereafter, Innovative), Bye Bye House, Inc. (BBH), Stephen Couig, Paul Hanson, Michael Marsha ll and Does 1 to 50 pursuant to an October 10,...
2024.05.24 Motion to Quash Service of Summons for Lack of Personal Jurisdiction 948
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.05.24
Excerpt: ... Estate”) and SA Hospital Real Estate Holdings-Jefferson, LLC (“SAH Jefferson”) (hereinafter collectively, the “SAH Entities”) own and/or operate the South City Hospital (“Hospital”) in St. Louis, Missouri. Defendants Lawrence Feigen (“Feigen”) and Jeffrey Ahlholm (“Ahlholm”) are the owners/agents of the SAH Entities. B.R. Resources and the SAH Entities ent ered into a “Master Service Agreement” (“MSA”), wherein B.R....
2024.05.24 Motion to Consolidate 775
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2024.05.24
Excerpt: ...o different spellings of the entity party's name are contained in the pleadings, “Anuko” and “Amuko”. For consistency of reference in this tentative ruling and until the true spelling can be determined, the Court will use the spelling with the letter “N”. I. BACKGROUND A. Factual This motion involves the present case, Case No. 24TRCV00775, David Thompson Boyd v. Anuko Corporation, et al. and the second case sought to consolidate with ...
2024.05.24 Motion to Compel Responses, Demurrer 373
Location: Los Angeles
Judge: Hammond, Brock T
Hearing Date: 2024.05.24
Excerpt: ...f's responses to Defendant's Form Interrogatories is granted. SUMMARY OF ACTION On September 19, 2023, Defendant San Fernando Valley Community Health Center (Defendant) served Plaintiff Alfonso Star (Plaintiff) with Form Interrogatories, Set One. Defendant represents that Plaintiff did not serve responses by the deadline of October 25 , 2023. Defendant filed this motion on December 14, 2023. Defendant seeks an order compelling responses to the fo...
2024.05.24 Motion to Compel Responses 808
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.05.24
Excerpt: ...ocuments, Set One Order deeming the truth of matters admitted in Requests for Admissions FACTUAL BACKGROUND: Plaintiffs Adam J. Meyer and Rebecca D. Meyer allege that in June of 2020 plaintiffs purchased a 2020 Chrysler Pacifica, which was sold to plaintiffs with express warranties from defendant FCA US LLC (FCA) that the vehicle would be free from defects in mat erials, nonconformities, or workmanship during the applicable warranty period, and t...
2024.05.24 Motion to Compel Responses 021
Location: Los Angeles
Judge: Chowdhury, Ashfaq
Hearing Date: 2024.05.24
Excerpt: ... this Notice, the attached Memorandum of Points and Authorities, the Declaration of Patrick J. Torsney, Esq., the court file and on such further information as may be presented at the hearing.” (Def. Mot. p. 2-3.) [The Court notes that Movant refers to itself as “Defendants.” It appears as if this motion was filed by one Defendant, not multiple Defendants. This motion appears to be filed by Defendant, 1001 Las Lomas, LLC. The Court will pre...
2024.05.24 Motion for Summary Judgment 919
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.05.24
Excerpt: ... one cause of action for medical negligence. II. ARGUMENTS Defendant, Jack Geoula, M.D. (“Defendant”), argues that the undisputed material facts establish that no act or omission by Defendant caused Plaintiff's injuries as established by Defendant's expert. Additionally, the claim is barred by the one -year statute of limitations which accrued in May of 2018, when Plaintiff testified, he was that he was aware that something went wrong during ...

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