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2019.11.15 Demurrer, Motion to Strike 841
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.15
Excerpt: ...endants, alleging that on June 16, 2016, Mrs. Cabeza sought urgent medical attention from Defendant Health Care Partners Urgent Care aka Health Care Partners, Inc. (“Health Care Partners”) for symptoms of impending stroke. They allege that Mrs. Cabeza informed Defendants of her symptoms and was transported to Defendant Huntington Memorial Hospital (“Hospital”) by ambulance, but Hospital's physicians and nursing staff failed to properly ev...
2019.11.1 Motion for Judgment on the Pleadings 077
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...vely, “LBI”) and Plaintiffs Empire Burbank Studios LLC, KRCA License LLC, KRCA Television LLC, KZJL License LLC, LBI Radio License LLC, Liberman Broadcasting of California LLC, Liberman Television LLC, Liberman Broadcasting of Dallas License LLC, Liberman Broadcasting of Dallas LLC, Liberman Broadcasting of Houston License LLC, Liberman Broadcasting of Houston LLC, Liberman Television of Dallas License LLC, Liberman Television of Dallas LLC, ...
2019.11.1 Petition to Appoint Qualified Arbitrators, to Compel Arbitration 917
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ... CA 91202. Plaintiff Cobalt Construction Company, Inc. (“Plaintiff”) alleges that Defendant PH Glendale, LLC's (“PHG”) is the owner of the Work of Improvement. Defendants Thyssen Krupp Elevator Corp. (“Thyssen”) and Applied Polytech Systems Inc. (“APS”) are alleged subcontractors on the project (collectively, “Subcontractor Defendants”). Plaintiff alleges that Defendants failed to pay under a construction contract. Plaintiff c...
2019.11.1 Demurrer 661
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...gnment of all claims and causes of action from Optim Products, LLC (“Optim”, or “Plaintiff's Assignor”). Plaintiff alleges that Defendants were involved in a well-coordinated plan to defraud Plaintiff out of money. Defendant Sona Chukhyan (“Chukhyan”) is currently serving time in prison for fraudulent conduct based on the facts of this case. Plaintiff alleges that Chukhyan solicited and willfully caused others to solicit real estate i...
2019.11.1 Demurrer, Motion to Strike 133
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...t 832 Oakglade Drive, Monrovia, CA 91016 on February 8, 2017 while she waited for her loss mitigation loan from Defendant to be approved. The first amended complaint, filed August 5, 2019, alleges causes of action for: (1) unfair and deceptive trade practices; (2) breach of fiduciary duty; (3) constructive fraud; (4) breach of implied-in-fact contract; and (5) fraud. On August 28, 2019, PHH Mortgage Corporation, successor by merger to Ocwen Loan ...
2019.11.1 Application for Right to Attach Order and Writ of Attachment 787
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...onal Assocation (“Plaintiff”) alleges that Defendants Kennedy Transfer, Inc. (“Defendant”) entered into at least 4 separate Equipment Finance Agreements with VAR Technology Finance (“VAR”) between December 2017 and July 2018. Plaintiff alleges that prior to the Equipment Finance Agreements, a Program Agreement existed between VAR and Plaintiff, pursuant to which VAR assigned each Equipment Finance Agreement to Plaintiff, resulting in ...
2019.11.1 Motion for Reconsideration, for Summary Judgment 443
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...D A. Allegations In this BC692443 action, Plaintiff Adelaide Rose Palmstrom (“Palmstrom”), a minor, by and through her guardian ad litem, Marci Palmstrom, alleges that she was injured on August 29, 2017 when a tree limb crashed onto the playground at Defendant Linda Vista Children's Center, striking Palmstrom. Palmstrom filed this action against Defendants City of Pasadena (“City”), Pasadena Unified School District (“PUSD”), Linda Vis...
2019.11.1 Motion to Enforce Settlement, for Entry of Judgment 167
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...laintiff Melinda Mabry (“Plaintiff”) filed her complaint on July 31, 2018 for childhood sexual abuse and gender violence. Plaintiff alleges that her uncle, Doe 2, committed childhood sexual abuse and gender violence against her when she was 8 years old and Doe 2 was approximately 30 years older than her. Plaintiff alleges that on May 5, 1995, Doe 2 pleaded guilty to committing felony childhood sexual abuse upon her. His assets were placed int...
2019.11.1 Motion to Vacate Default, Judgment 695
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...��Defendant”), alleging that the parties had entered a contract for construction services on October 8, 2018, whereby Plaintiff would perform certain home improvement services relative to Defendant's property located at 2004 N. Rose St. in Burbank. Per the agreement, Defendant was to pay Plaintiff certain monetary payments upon completion of the work, but Defendant refused to pay such due monies to Plaintiff. Thus, Plaintiff recorded a mechanic...
2019.11.1 OSC Re Preliminary Injunction 341
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.11.1
Excerpt: ...nt advisors employed by Defendant RJJ Pasadena Securities, Inc. (“RJJ”). They commenced this action to seek an order: (a) under Corporations Code, §709 that they own, have owned, and may vote shares of RJJ, which constitute more than 50% of RJJ's common stock, and (b) that Plaintiffs be able to take all lawful actions as RJJ majority shareholders including the removal of directors and election of new directors. Plaintiffs allege that Defenda...
2019.10.25 Demurrers 101
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.25
Excerpt: ...rty customers and is owned by Plaintiffs Eddie and Karlo Nazarian. Plaintiff alleges that Defendant Nakaret “Nazo” Chakrian is a con-man who has, over the past 6 years, gained the trust of Eddie and Karlo Nazarian and swindled over $3 million dollars from them. Defendant Alice Chakrian is Nazo Chakrian's wife and Defendant NAMR 2617, LLC (“NAMR”) is an LLC owned and managed by the Chakrians. The first amended complaint (“FAC”), filed ...
2019.10.25 Preliminary Injunction 653
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.25
Excerpt: ...Sandbox”), and used to the Chief Information Officer and Director of the Board. Defendants Deborah K. Henry (“Henry”), Oliver Fox (“Fox”), and Brian Kelinman (“Kleinmen”) are officers and/or shareholders of Sandbox. Sanbox is a company that provides IT support to thousands of small to medium businesses throughout the United States. Fudenberg alleges that Defendants schemed to cause his resignation from Sandbox in order to take his s...
2019.10.25 Motion for Evidentiary Sanctions 203
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.25
Excerpt: ...and Yan Xue Wei (“Wei”) for breach of fiduciary duty, corporate waste, accounting, constructive trust, wrongful termination in violation of public policy, fraud and deceit, and breach of contract. Plaintiff alleges that she was fraudulently induced by Wei in 2012 to open a beauty and wellness spa together. Plaintiff alleges she invested thousands of hours and money over 5 years to make the spa what it is today. Plaintiff alleges she is a 49% ...
2019.10.25 Motion for Attorney's Fees, to Strike or Tax Costs 829
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.25
Excerpt: ...aintiff Emmanuel David's (“David”) claim that Defendants breached a number of settlement agreements regarding skilled nursing facilities in Hemet, Fresno, and Pasadena. Plaintiff alleges that Defendants breached each of the settlement agreements by failing to pay all amounts due. Plaintiff sought remedies that include damages, judicial foreclosure on the property of the Defendants, declaratory relief, and specific performance of the agreement...
2019.10.25 Motion for Attorney's Fees 121
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.25
Excerpt: ...86), which was manufactured or distributed by Defendant Kia Motors America, Inc. (“Defendant”). Plaintiff alleges that despite the warranties on the vehicle, the vehicle contained or developed defects, which have manifested in smoke coming from the hood while driving, coolant leaking from the vehicle, recurrent activation of the “check engine light/malfunction indicator lamp”, the need to replace the transmission assembly, etc. Plaintiff ...
2019.10.18 Demurrer 743
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.18
Excerpt: ...estment (“Arsual”). Plaintiff filed the First Amended Complaint (“FAC”) on August 23, 2019. The action involves the property located at 10505 Victory Blvd., North Hollywood, CA 91606. Plaintiff alleges that on April 25, 2013, Arsual agreed to rent the premises for a 2-year term at a monthly rent of $14,000 pursuant to a written agreement with Plaintiff (“2013 Lease”). On July 12, 2019, Plaintiff provided Arsual with a 30-day notice to...
2019.10.18 Motion for Attorney's Fees and Distribution of Proceeds of Sale of Real Property 961
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.18
Excerpt: ...gil Buster Blackmon (“Decedent”), who died on December 4, 2014. Defendant Togisala Blackmon (“Defendant”) is the former spouse of Decedent and the owner of the property at issue in this action, which is located at 828 West Altadena Drive, Altadena, CA 91001. Decedent and Defendant had held title to the property as husband and wife in joint tenancy, but according to the judgment of dissolution of marriage entered on September 6, 2002, the ...
2019.10.18 Motion to Compel Arbitration 965
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.18
Excerpt: ...es he and other service providers clean and repair clients' houses for flat rates per job and that he was not paid for overtime, rest breaks, missed meals or rest breaks, expenses incurred like cleaning supplies or gas, or travel time to and between jobs. The complaint was filed on October 3, 2018. The first amended complaint (“FAC”), filed November 19, 2018, alleges causes of action for: (1) declaratory relief; and (2) violations of the Priv...
2019.10.18 Demurrer 015
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.18
Excerpt: ...cated at 11046 Tamberly Lane, Tujunga, CA 91042 since 2001. They allege they executed a deed of trust, securitizing the property for a loan of $504,000 on May 7, 2003. They allege that on September 14, 2018, Defendants JP Morgan Chase Bank, N.A. (“Chase”) and Quality Loan Service Corporation (“Quality”) caused a notice of default to be recorded. In response, Plaintiffs allege they contacted Chase to explore loss mitigation options and the...
2019.10.18 Motion to Compel Arbitration and Dismiss or Stay Action, Demurrer 084
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.18
Excerpt: ... working for Defendant Grill Concepts Services, Inc. (“Grill”) on August 6, 2007 as a manager and was promoted to assistant general manager in June 2008, and later promoted to general manager in July 2009. He alleges he was exposed to discriminatory behavior from managerial employees based on his Armenian- Iranian ethnicity and national origin. He alleges that inappropriate comments were made to him, he was belittled, and he was unnecessarily...
2019.10.11 Motion for Summary Judgment 969
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.11
Excerpt: ...teel, Inc. (“Arrow”) alleges that Defendant Robert Dubin (“Dubin”) was a defendant and judgment debtor in the case entitled Arrow Highway Steel, Inc., et al. v. Robert Dubin, et al. (LASC Case No. BC101768) (“First Action”). Arrow alleges that Dubin stipulated to a judgment against him in that action, and the judgment was entered on February 27, 1997 in favor of Arrow, Seymour Albert, and Henrietta Albert in the amount of $937,000.00....
2019.10.11 Demurrers, Motion for Judgment on the Pleadings 660
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.11
Excerpt: ...hukhyan (“Chukhyan”) and George Plavjian (“Plavjian”), as well as their co-conspirators KSR Realty, Inc. (“KSR”), Reta Narkaz, Ruzana Badeer (“Badeer”), Kiane Shabazian (“Shabazian”), and Mariam Kakoian (“Kakoian”). Ambarachyan alleges that Kakoian was the owner of property located at 1737 Bel Aire Dr. in Glendale and that Chukhyan and Kakoian took out loans on the property to pay off other investors that Chukhyan scammed ...
2019.10.11 Demurrer 827
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.11
Excerpt: ...en Solar Technologies, Inc. (“Defendant”). The action involves the properties located at 6400 Laurel Canyon Blvd., Suites 400, <0013001900110003000300 004900030044004f004f[eges that on July 19, 2012, Defendant agreed to rent the premises at a monthly rent of $6,238.32 pursuant to a written agreement with Plaintiff. The lease was amended 7 times to, among other things, expand the premises, modify the rent, extend the term through August 15, 20...
2019.10.11 Motion for Protective Order 797
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.11
Excerpt: ...ck her. The subject incident occurred on April 8, 2015. She alleges that the shelves were negligently installed on the premises. Defendants Glassical Creations, Inc. (“GCI”), Lap Shun Hui aka John Hui (“Hui”), and Vernon M. Lee (“Lee”) (collectively, “GCI Defendants”) are the alleged owners of the premises located at 1510 La Loma Road, Pasadena, CA 91105 where the incident occurred. Defendants Rubbermaid, Inc. (“Rubbermaid”) a...
2019.10.11 Motion to Compel Further Responses, for Protective Order 221
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.11
Excerpt: ...between Defendant Morning Chuang and Plaintiffs Roche Hahan and Marielisa Villasenor (“Plaintiffs”), which caused Plaintiffs to suffer life-threatening injuries. (SAC, ¶36.) Plaintiffs commenced an action against Morning Chuang on March 9, 2015 in the San Francisco Superior Court (Case No. CGC-15-544580, “First Lawsuit”), which was dismissed without prejudice on July 6, 2015. (Id., ¶¶37 and 43, Ex. 29.) Plaintiffs then filed another la...
2019.10.11 Motion to Vacate Renewed Judgment 929
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.11
Excerpt: ... against ARM International Gold Corp., LLC, Noune Serobian, and Armen Assarian, jointly and severally in the amount of $13,340.34, plus interest from March 15, 2006 at $3.65 per day until the date of judgment.  For Anait Aruchyan on Armen Assarian's cross-complaint against Anait Aruchyan.  On Anait Aruchyan's cross-complaint against Armen B. Assarian, Noune Serobian, ARM International Gold Corp., LLC, and Complex Production of Nepheline Sye...
2019.10.4 Motion to be Relieved as Counsel, Demurrer 854
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.4
Excerpt: ...gian) commenced this action against Defendants Arthur Ambarachyan (“Ambarachyan”), Stewart Title Company, George Plavjian (“Plavjian”), and Western Fidelity Trustees on January 8, 2018 for: (1) quiet title; (2) cancellation of instruments; (3) slander of title; (4) fraud; (5) violation of Business & Professions Code, §17200; (6) violation of Rosenthal Fair Debt Collection Practice Act (Civ. Code, §1788 et seq.); (7) IIED; and (8) declar...
2019.10.4 Motion to Compel Compliance with Subpoena, to Quash Subpoena 975
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.4
Excerpt: ...ifornia 91001 (“Hastings Property”) owned by Plaintiff Lisa Hastings (“Plaintiff”), and property located at 728 Colman Street, Altadena, CA 91101 (“Kevorkian Property”) owned by Defendants Abraham Kevorkian (“Kevorkian”) and Nancy Odesho (“Odesho”). Plaintiff alleges that the Kevorkian Property has always benefited, as the dominate tenement, over the Hastings Property with a 30-foot wide recorded easement. Plaintiff also alleg...
2019.10.4 Motion to Compel Further Responses 258
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.4
Excerpt: ... operates a bar/restaurant called “The Red Door”. Plaintiff alleges they entered into a <0003005a004b0048005500 00510057004c00490049[ loaned Two Michaels $32,000.00 (“2011 Promissory Note”) and the other on April 19, 2013, whereby Plaintiff loaned $100,000.00 (“2013 Promissory Note”). Plaintiff alleges he issued demand letters to Two Michaels for payment of the outstanding balance. As of March 26, 2019, the total outstanding <0015001b...
2019.10.4 Demurrer, Motion to Strike 316
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.10.4
Excerpt: ...d two bosses, Defendants Daniel Dyachov (“Dyachov”) and Vince Bocharev (“Bocharev”), both of whom are she believes are the owners of SCCE. Plaintiff alleges that she is a female of Mexican descent and that Dyachov and Bocharev made offensive and disrespectful comments about Mexicans and women. She also alleges that she was required to work extended hours through lunch and without breaks, and was not compensated for such time. The FAC, fil...
2019.1.25 OSC Re Contempt for Failure to Comply with Subpoena Duces Tecum 287
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.1.25
Excerpt: ...CKGROUND In this action, Plaintiff Shellice Beharie (“Plaintiff”) alleges that on June 19, 2016, she was struck in the eye as she walked through a screen door that closed dangerously fast. Plaintiff alleges that Defendants Paul A. Rourman and Linda K. Rourman (owners and lessors of the property, “Defendants”) failed to maintain the condominium premises by failing to repair the screen door. Plaintiff alleges that the impact to her eye resu...
2019.1.25 Motion to Vacate Default Judgment 009
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.1.25
Excerpt: ...eges that it made a payment to prevent foreclosure of the property and now seeks to recover this amount from Defendant Eric Westrope (“Defendant”). The complaint, filed February 15, 2018, alleges causes of action for: (1) quasi-contract; and (2) money paid. <0055004800470003005200 000f0003001500130014[8. Default judgment was entered against Defendant on September 27, 2018 in the amount of $33,195.83. On December 28, 2018, Defendant filed the ...
2019.1.25 Motion to Compel Further Responses 975
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.1.25
Excerpt: ...y Plaintiff Lisa Hastings (“Plaintiff”), and property located at 728 Colman Street, Altadena, CA 91101 (“Kevorkian Property”) owned by Defendants Abraham Kevorkian (“Kevorkian”) and Nancy Odesho (“Odesho”). Plaintiff alleges that the Kevorkian Property has always benefited, as the dominate tenement, over the Hastings Property with a 30-foot wide recorded easement. Plaintiff filed this lawsuit against Defendants to enjoin them from...
2019.1.25 Motion to Compel Further Responses 845
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.1.25
Excerpt: ...t exists to administer the equitable servitudes and restrictions set forth in the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Jackson Glen, recorded on October 2, 2012 (“CC&Rs”). Plaintiff alleges that pursuant to CC&Rs, it was required to maintain, repair, procure insurance, etc. for Tract No. 69998 that was shared by Plaintiff and Defendant Jackson Glen Commercial Owners Association (“Defendant�...
2019.1.25 Motion to Compel Further Responses 729
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.1.25
Excerpt: ...OUND A. Allegations Plaintiffs Zachary J. McDonald and Hugo Vargas each commenced a wage-and-hour lawsuit against Defendants Michael Russell McMillan, M&M Custom Flooring, and M&M Custom Floors, Inc. This consolidated action also includes various cross-complaints. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald for assault and battery, wherein he alleges he was physically attacked by Daniel McDonal...
2019.1.25 Motion for Reconsideration 549
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2019.1.25
Excerpt: ...dant Secret Recipes, Inc. (“Defendant”). This action proceeded to a bench trial and the Court entered judgment in favor of Plaintiff on November 18, 2015. On December 14, 2018, the examinations of Hovik Grigorian and Andreh Koygani were set. Plaintiff applied ex parte for an order to continue the examination of judgment debtor/Defendant. Department B was dark, so the matter was heard in Department A by Judge Stewart. Judge Stewart granted Pla...
2018.8.14 Motion for Trial Setting Preference 886
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.8.14
Excerpt: ...: DENY A case is entitled to priority where the only relief sought is declaratory relief per CCP §1062.3(a). However, if damages or other relief is sought in addition to declaratory relief, the preference is not automatic. Rather, priority will be granted only if the court, in itsdiscretion, determines that a speedy trial is required. CCP §1062.3(b). Herein, the action is not based solely for declaratory relief but includes equitable claims for...
2018.8.9 Motion for Terminating Sanctions 085
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.8.9
Excerpt: ...aintiff to respond to discovery within 30 days and pay Defendants sanctions in the amount of $500 by June 1, 2018. Plaintiff has not provided responses or paid the sanctions. On June 13, 2018, the court heard defendant's Encino Urgent Care's motion to compel Plaintiff's physical examination. Plaintiff did not oppose the motions or appear at the hearing. The court granted the motion and ordered Plaintiff to appear for examination and pay Defendant...
2018.8.8 Motion for Leave to File Complaint 871
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.8.8
Excerpt: ... Defendant allegedly agreed to transfer one-half interest in the Property and, once sold, Plaintiff would receive half of the sale proceeds. Defendant allegedly failed to honor the agreement. The Property sold, and plaintiff claims he is entitled to $37,000. The First Amended Complaint alleges: 1) fraud and 2) breach of contract. Plaintiff requests leave to file the Second Amended Complaint. Per discussions with Defense counsel, Plaintiff is seek...
2018.7.26 Motion to Compel Responses, for Production of Docs 131
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.26
Excerpt: ... <0013000300290028002800 360011> On January 25, 2016, Plaintiff, in pro per, filed a complaint for medical malpractice, abandonment, negligent hiring, negligent retention and supervision, intentional infliction of emotional distress, negligent infliction of emotional distress, violation of Civil section 56, et seq. and negligence, suing doctors Tenofsky and Grossman, as well as South Valley Physician Group. On September 25, 2017, Plaintiff, in pr...
2018.7.25 Motion for Summary Judgment, Adjudication 965
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.25
Excerpt: ... alleges the lighting was inadequate, due to lights defendants knew were broken, and that defendants failed to provide adequate handrails in the stairwell. The evidence is that a BBQ provided for the residents' use was located near the bottom of the stairs. Plaintiff alleges food/grease had previously been spilled on the stairs as residents brought food up/down the stairs, and such had been brought to the defendants' attention. Plaintiff testifie...
2018.7.24 Motion for Sanctions 757
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.24
Excerpt: ...entering default. Per CCP §585(a) – (c) lists the responsive pleadings that will stave off entry of default. A motion for sanctions is not one of the enumerated pleadings. Simply because defendant alleges she is not a proper defendant in this action is not sufficient. She must file a responsive pleading. She has not done so. The request for entry of default should be deemed valid and enforceable herein. Entry of a defendant's default insta...
2018.7.24 Demurrer 418
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.24
Excerpt: ...nd consolidated cross-complaint of Thomas-Schwab Corp. in these related actions. As the two demurrers are identical, the court will address both jointly. Davidi demurs against causes of action 3-6 and 9. COA 3 and COA 4: total indemnification/equitable indemnification The two causes of action for indemnification (COA 3 and COA 4) are expressly based upon an “Incident.” (XC ¶¶21, 24) The term “Incident” is defined in XC ¶6, which only a...
2018.7.24 Demurrer 316
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.24
Excerpt: ...nd consolidated cross-complaint of Thomas-Schwab Corp. in these related actions. As the two demurrers are identical, the court will address both jointly. Davidi demurs against causes of action 3-6 and 9. COA 3 and COA 4: total indemnification/equitable indemnification The two causes of action for indemnification (COA 3 and COA 4) are expressly based upon an “Incident.” (XC ¶¶21, 24) The term “Incident” is defined in XC ¶6, which only a...
2018.7.19 Motion to Conduct Discovery 571
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.19
Excerpt: ... showing of a substantial probability of prevailing on the claim. (Civ. Code, § 3295, subd. (c).) A motion for order permitting financial discovery of discovery of a defendant's financial condition may be allowed on the basis of affidavits. (Jabro v. Sup. Ct. (2002) 95 Cal. App. 4th 754, 758.) “In this context, a ‘substantial probability' of prevailing on a claim for punitive damages means that it is ‘very likely' that the plaintiff wi...
2018.7.18 Motion for Summary Judgment, Adjudication 716
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.18
Excerpt: ...malpractice/elder abuse/wrongful death action. The Second Amended Complaint alleges: 1) elder abuse/neglect; 2) medical malpractice; 3) wrongful death. MOTION Defendants Valley's Best Hospice, Inc., Timothy Lee, M.D. and Valley Presbyterian Hospital all move for summary judgment/adjudication on the grounds that there is no triable issue of material fact as to breach or causation. All three Defendants submit expert opinions to support their motion...
2018.7.5 Motion to Quash 405
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.5
Excerpt: ... (“Transguard”). According to the First Amended Complaint (“FAC”) in this action, Transguard accepted and then later denied coverage. Mr. Pullen now sues Transguard, and several individuals he alleges were associated with it, for Breach of Written Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, violation of Business and Professions Code §§ 17200, and for Declaratory Relief. Defendant Mickelson is a resident of I...
2018.7.3 Motion for Leave to Amend Complaint 807
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.3
Excerpt: ... were pursued in a subsequent case in Riverside County. They remain pending there, but are stayed pending the outcome of this proceeding. Most of them have pleading problems, and filing them now would require the filing of demurrers that would delay the trial in this matter. For the most part, the causes of action that Mr. Weldy now seeks to re‐add to the cross‐complaint in Los Angeles will be determined by the resolution of the existing plea...
2018.7.3 Motion for Judgment on the Pleadings, to Compel Deposition 989
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.3
Excerpt: ...nt it to apply to motions brought under the common law. The motion does present an issue of law as to which there is a rather stark disagreement. Nevertheless, Plaintiffs have asked for the courtesy of a conference. It is their statutory right, and it will be accommodated. The matter will be continued for 10 days. The parties are ordered to meet and confer. Plaintiffs' Motion to Compel the Deposition of Damon Burly. Plaintiffs Jeffrey Schwartz an...
2018.7.3 Motion for Dismissal 845
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2018.7.3
Excerpt: ...25, 2018 is vacated and the action is dismissed with prejudice as to these defendants pursuant to Cal. Civ. Proc. Code § 581(f)(1). Mr. Rosario continues to pursue Defendant Barrett Daffin Frappier Treder & Weiss, LLP (“Barrett”), which acted as trustee of the deed of trust in this action. The Court's prior order mistakenly states that Barrett had demurred to the Second Amended Complaint, when in fact it had not filed a demurrer. Barrett now...

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