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902 Results

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Location: Los Angeles x
Judge: Nieto, Patricia D x
2019.7.24 Motion for Summary Judgment, Adjudication 582
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.24
Excerpt: ...Defendants”) property. Plaintiff/Cross-Defendant 9009 Wonderland Ave. LLC (“Plaintiff”) owns real property located at 9009 Wonderland Ave, Los Angeles 90046 (“Plaintiff's Property”). Plaintiff's property is improved with a residential triplex. Defendants own a collection of properties located at 9015, 9017, 9021 and 9027 Wonderland Avenue, Los Angeles, California 90046 (“Defendants' Property”). The 9027 property is improved with a s...
2019.7.23 Motion for Reconsideration 326
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.23
Excerpt: ...bitration dispute regraded medical negligence claims by Petitioners against Respondents that allegedly resulted in the death of Petitioners' brother Robert Ferro (“Decedent”). Dana Susson Esq. (“Susson”) was appointed arbitrator in March 2016. Susson found in favor of Respondents. She issued and served the award in the arbitration by email on September 18, 2018. On December 14, 2018, Petitioners discovered that Susson had been appointed o...
2019.7.23 Motion for Leave to Conduct Discovery 618
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.23
Excerpt: ...erformance of settlement agreement; and 5) breach of contract (against Orth). The Complaint alleges that in 2000, Plaintiff sued Orth for defamation. Plaintiff and Orth entered into a confidential settlement agreement (“CSA”) in June 2000 in order to protect Plaintiff from further loss of privacy. Orth allegedly breached the agreement apparently due to her involvement in the production discussed below. Orth also allegedly did not have any int...
2019.7.23 Demurrer, Motion to Strike 515
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.23
Excerpt: ... out of a series of litigation over the control of Eden Hill, a non-profit religious organization. On December 5, 2018, the Court sustained Defendants' demurrer to the First Amended Complaint as to the first and second causes of action with leave to amend and overruled it as to the third. On December 21, 2018, Plaintiffs filed a Second Amended Complaint (“SAC”), alleging 1) legal malpractice by Eden Hill against Kim and the Firm; 2) breach of...
2019.7.23 Motion to Compel Claims to Arbitration 801
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.23
Excerpt: ...ndants”), Dos Cabezas Properties, LLC (“DCP”), Criscione-Meyer Entitlement (“CME”) (collectively, the “Buyers”), Michael Criscione (“Criscione”), Michael Meyer (“Meyer”), First American Title Company (“FATC”). The operative First Amended Complaint (“FAC”) alleges four causes of action for: 1) breach of fiduciary duty and equitable relief (against RU Defendants and Buyers); 2) accounting and equitable relief (against ...
2019.7.22 Special Motion to Strike 626
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.22
Excerpt: ...o that ultimately led to his dismissal as an associate professor at the University of Southern California Dworak-Peck School of Social Work. The Court is familiar with the controversy, as two related cases are before this Court: 1) Fenwick v. University of Southern California et al.<001e000300440051004700 030015000c0003[Guerrero v. Caruso et al., LASC Case No. BS173858 (the “Petition”). The instant Complaint alleges that Plaintiff previously ...
2019.7.22 Motion to Compel Production Responses, for Monetary Sanctions, for Leave to Amend 624
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.22
Excerpt: ...'s motion for leave to amend is DENIED. On April 12, 2016, Plaintiffs Isabell Cerneka, Dennis Doherty, Jere Hawkins, Christopher McGrath, Louis Mifsud, Erik Pena, Lennox Vernedoe, and Susan Weinberg and Stephen Weinberg (collectively, “Plaintiffs”) commenced this action against Russell No. 8 Santa Monica Properties, LLC (“Russell Properties”), Martin Mink, Florette Mink, Terry Mink, and Rebecca Rakes (collectively, “Defendants”). The ...
2019.7.22 Demurrer, Motion to Strike 608
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.22
Excerpt: ...ng referees and judges who officiate professional boxing events. The Defendants California State Athletic Commission (the “Commission”) and Andrew Foster (“Foster”) (collectively “Defendants”) licenses and assigns such referees to officiate professional boxing events across California. Plaintiffs generally allege that since at least 2012, Defendants gave preferential treatment to White officials and uniformly assigned White officials ...
2019.7.18 Demurrer, Motion to Strike 141
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.18
Excerpt: ...ode section 1793.2(d); 2) violation of Civ. Code section 1793.2(b); 3) violation of Civ. Code section 1793.2(a)(3); 4) breach of express warranty; 5) breach of the implied warranty; and 6) fraud by omission. The Complaint alleges that On August 22, 2009, Plaintiffs purchased a 2008 Saturn Aura, vehicle identification number 1G8ZV57788F277961, (the "Vehicle") which was manufactured and distributed by Defendant. The Vehicle was used primari...
2019.7.16 Demurrer 351
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.16
Excerpt: ...en the Guarantors and the Bank regarding a Hotel investment and loan agreements. The operative First Amended Complaint (“FAC”) alleges five causes of action for: 1) breach of guaranty (6101); 2) breach of guaranty (1061); 3) money lent; 4) account stated; and 5) fair valuation. The Complaint alleges the following facts. In 2006, Center Bank made a loan to Cranberry Mall Investments, LLC; Cranberry Mall Properties, LLC; SSR, LLC; Ethan 26, LLC...
2019.7.15 Motion for Summary Judgment 190
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.15
Excerpt: ...f action for: 1) retaliation and 2) wrongful termination. On April 2, 2018, Defendant answered. Plaintiffs are husband and wife. They allege on August 18, 2016, they were both hired by Defendant. Chow became the CFO for Defendant and was paid a monthly salary of $600.00. Garcia was hired as a bookkeeper and paid $15.00 an hour. On January 12, 2017, Chow was re- elected as CFO and Garcia was elected CEO, while maintaining her duties as a bookkeepe...
2019.7.15 Motion to Appoint Counsel 198
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.15
Excerpt: ...ntiff now moves the Court to appoint him counsel. Discussion Plaintiff cites Los Angeles County Metropolitan Transportation Authority v. Superior Court (2004) 123 Cal.App.4th 261, 269 (“MTA”) and SB 531 (1989) for the proposition that he has a right to counsel. These authorities provide for such a right. MTA does give a detailed account of the reasoning behind certain provisions of SB 531. However, the decision does not state that litigants i...
2019.7.10 Motion for Summary Judgment, Adjudication 116
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.10
Excerpt: ...ctment, 5) declaratory relief, and 6) injunctive relief. On July 11, 2017, Nouri brought a Cross-Complaint against the Bondarevs. The operative Second Amended Cross- Complaint (“SACC”) alleges three causes of action for 1) quiet title (prescriptive easement), 2) quiet title (equitable easement), and declaratory relief. Both complaints arise out of a dispute between the Bondarevs and Nouri regarding a deck that Nouri allegedly constructed on t...
2019.7.2 Demurrer 530
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.2
Excerpt: ...��). The operative First Amended Complaint (“FAC”) alleges two causes of action for 1) elder abuse and 2) wrongful death. The FAC allege that on August 7, 2016, Decedent fell at home and was transported to Encino Hospital. He was under their care for two weeks but was later discharged to Cedars. From August 21 to September 15, 2016, Cedars failed to consistently monitor Decedent's skin for pressure ulcers. As a result, Decedent developed stag...
2019.7.1 Motion to Deem Requests Admitted 139
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.1
Excerpt: ...Defendants Celito Fuenconcillo (“Celito”) and Esther V. Fueconcillo (“Esther”) (collectively “Defendants”) for the unlicensed home improvement construction work performed on real property owned by Plaintiff in Los Angeles, California. In November 2016 through January 2017, Defendants performed home improvement construction work and Plaintiff paid a total of $34,000.00, but Defendants were not licensed California contractors. The Compl...
2019.7.1 Motion to Compel Deposition of PMK 855
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.1
Excerpt: ...anufactured by Defendant General Motors LLC (“Defendant”). On June 13, 2019, Plaintiff Federico Lazo (“Plaintiff') filed an opposed ex parte application for an order compelling the deposition of Defendant's persons most knowledgeable (“PMK”) with documents, or in the alternative, for an order shortening time for the motion to be heard. On the date of the original hearing set for the ex parte application, June 14, 2019, the Court was dar...
2019.7.1 Application for Default Judgment 864
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.7.1
Excerpt: ...9; (5) Violation Of Civil Code, §1942.4; (6) Breach Of Contract; (7) Breach Of Implied Warranty Of Habitability; (8) Nuisance; (9) Negligence; (10) Violation of Civ. Code § 789, et seq.; (11) IIED; and (12) Constructive Eviction. As of April 15, 2018, Bobbitt was self-represented. The Court struck Bobbitt's answer after his failure to appear on October 25, 2018. Plaintiffs now move for default judgment. The Court notes the following issues with...
2019.6.27 Motion to Quash 529
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.27
Excerpt: ...would give demeaning tasks to Plaintiff and made sexist comments towards her. Plaintiff alleges she was terminated by KDW on July 20, 2017, based on her sex and in retaliation for exercising rest break rights. On April 16, 2019, Plaintiff moved to quash a subpoena for production of business records to third-party Novel Remodeling Inc. (“Novel”) on the grounds that the sought employment records violate Plaintiff's right to privacy and are irre...
2019.6.27 Demurrer 792
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.27
Excerpt: ...�Sesma”), American Intermodal Management LLC (“AIM”), and Trans Shipping International Inc. (“TSI”). On September 20, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging three causes of action for 1) common counts; 2) unjust enrichment; and 3) declaratory relief. The FAC alleges that on Plaintiff is a towing and rescue company. On December 17, 2017, California Highway Patrol ("CHP") requested Plainti...
2019.6.26 Motion to Compel Claims to Arbitration 626
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.26
Excerpt: ...r Building Services Inc. (“Defendant”). Plaintiff was employed as a janitor from April 2013 through January 2018. On November 20, 2018, Defendant filed notices of related case in this case and Maria Regaldo-Flores v. Lescord LASC Case No. BC712868 (the “Class Action suit”). On December 10, 2018, Defendant demurred to the Complaint due to lack of standing and for a plea in abatement. On January 2, 2019, Plaintiff filed an opposition. On Ja...
2019.6.24 Motion for Summary Judgment, Adjudication 983
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.24
Excerpt: ...int. On January 24, 2019, Defendant moved for summary judgment, or in the alternative, summary adjudication regarding damages and attorneys' fees. On June 10, 2019, Plaintiff filed an opposition. On June 19, 2019, Defendant submitted a reply. Summary Judgment Standard A party may move for summary adjudication as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty if that party contends that there is no mer...
2019.6.24 Motion for Judgment on the Pleadings 772
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.24
Excerpt: .... (“Defendant”). The Complaint alleges causes of action for: 1) discrimination; 2) retaliation; 3) failure to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in good faith interactive process; 6) declaratory judgment; 7) wrongful termination; 8) failure to pay wages; 9) failure to pay overtime; 10) failure to provide itemized age statements; 11) waiting time penalties; 12) Private ...
2019.6.24 Motion for Entry of Default 601
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.24
Excerpt: ...ent cryptocurrency investment program run by Defendants. On October 10, 2018, Plaintiffs provided proof of electronic service of the FAC as to each defendant, emailed to [email protected] on September 4, 2018. On January 11, 2019, the clerk rejected entries of default as to Defendants. On March 15, 2019, Plaintiffs filed a motion for the court to enter default as to Defendants. No opposition was filed. Discussion Plaintiffs move for default o...
2019.6.6 Motion to Compel Deposition of PMK 442
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.6
Excerpt: ...ninns (collectively “Plaintiffs”) filed this lemon law suit against Defendants BMW of North America, LLC and Century West LLC (collectively “Defendants” or “BMW”). Plaintiffs allege that their used 2012 BMW 750Li had persistent manufacturing defects that BMW's authorized dealerships were unable to repair. Plaintiffs contacted BMW seeking an appropriate remedy, but BMW denied that request. On May 14, 2019, Plaintiffs filed the instant ...
2019.6.4 Demurrer 402
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.6.4
Excerpt: ...GDMG”) and GDVOD, LLC (“GDVOD”) (collectively “Defendants”). Plaintiff's suit arises from a purported conspiracy by its former CEO and business partners. J. Peterson, Mulvey, M. Peterson, and Lindsay (the “individual Defendants”) were all officers, directors, and members of GDMG, and through GDMG, were also minority owners of Plaintiff. On August 23, 2018, Plaintiff filed a First Amended Complaint in response to a demurrer to Defend...

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