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Location: Los Angeles x
Judge: Cowan, David J x
2020.06.24 Motion to Compel Arbitration 929
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.24
Excerpt: .... The Court sets a status conference re: the status of arbitration for December 21, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on December 21, 2020. Moving party to give notice. BACKGROUND On March 29, 2009, Plaintiff C. Thomas Vangsness, M.D. (“Vangsness”) signed an Agreement to Arbitrate Claims (the “2009 Agreement”) with Defendant University of Southern California (“USC”) related to his emplo...
2020.06.23 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.23
Excerpt: ...at 8:30 am in Dept. 20. Both parties shall concurrently submit supplemental briefing on whether the CDA bars claims based on misrepresentations in the product listing by March 30, 2020. Amazon's Motion to Strike is CONTINUED to April 6, 2020. Moving party to give notice. AMA's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the seventh and eighth causes of action. AMA's Motion to Strike is MOOT. Plaintiffs are given 30 days leave to amend and fil...
2020.06.23 Demurrer, Motion to Strike 276
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.23
Excerpt: ...ED WITH LEAVE TO AMEND as to Plaintiff's prayer for punitive damages. The Demurrer is OVERRULED as to Defendant's statute of limitations argument. Plaintiff to file a Third Amended Complaint within 20 days of this Order. Moving party to give notice. BACKGROUND On March 25, 2013, Plaintiff Jorge Perez leased the Subject Vehicle, which is manufactured by Defendant Kia Motors America, Inc. (“KMA”). On November 11, 2015, Plaintiff purchased the S...
2020.06.22 Motion to Compel Arbitration and Trial Preference 273
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.22
Excerpt: ...RANTED. Trial is (tentatively) set for October 22, 2020. Defendants are hereby authorized to reserve a hearing for a summary judgment motion set for one week before trial. Plaintiff to give notice. BACKGROUND On January 29, 2016, Plaintiff Eduardo Menezes, Sr. (“Plaintiff”), now 82 years old, executed a durable power of attorney for health care decisions (the “AHCD”) naming his daughter Jiumara Menezes (“Jiumara”) as his agent. The AH...
2020.05.04 Motion in Limine 604
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.05.04
Excerpt: ...efore the undersigned. Lamb & Kawakami, by Michael K. Slattery, appeared on behalf of the County. Wade E. Norwood appeared on behalf of plaintiff Paramount Pictures Corporation (“Paramount”). INTRODUCTION This case involves a very significant difference in views concerning the valuation of personal property and fixtures at the Paramount lot for ad valorem tax purposes. Paramount contends based on an income valuation the value of the personal ...
2020.04.21 Motion to Compel Arbitration 929
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.04.21
Excerpt: .... The Court sets a status conference re: the status of arbitration for October 21, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on October 21, 2020. Moving party to give notice. BACKGROUND On March 29, 2009, Plaintiff C. Thomas Vangsness, M.D. (“Vangsness”) signed an Agreement to Arbitrate Claims (the “2009 Agreement”) with Defendant University of Southern California (“USC”) related to his employm...
2020.04.20 Request for Sanctions 334
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.04.20
Excerpt: ...ry process. Moving party to give notice. BACKGROUND On July 3, 2017, Plaintiff Mahmed Mohamud (“Mohamud”), a truck driver, was engaged to transport cargo allegedly loaded onto the truck by Defendants J.B. Hunt Transport, Inc. (“Hunt”), J.B. Hunt Intermodal, and Prime Wheel Corporation. The cargo allegedly shifted while Mohamud was driving, causing the truck to tip over and crash, injuring Mohamud. On October 11, 2018, Mohamud filed a Comp...
2020.03.19 Motion to Stay Proceedings 673
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.19
Excerpt: ... status conference for June 18, 2020 at 8:30 AM in Dept. 20 re: the District Court of Arizona's ruling on the petition to compel arbitration. Moving party to give notice. All parties shall appear by court call if they do not submit on the tentative. The parties should not attend in person. If all parties do not agree to argue by Court Call, the hearing will need to be continued for 30 days in view of the Governor's emergency directives related to...
2020.03.18 Demurrer, Motion to Strike 060
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.18
Excerpt: ...f action for intentional infliction of emotional distress. SVS's Motion to Strike is GRANTED IN FULL WITH LEAVE TO AMEND. Meza's third cause of action for negligence against SVS is DISMISSED without prejudice. ELARC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third cause of action for negligence. Meza is given 15 days leave to amend and file a Third Amended Complaint. Moving parties to give notice. All parties shall appear by court call...
2020.03.17 Motion to Seal 310
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.17
Excerpt: ...ffected. The Court has reviewed the motion. There was no opposition filed. The Court denies the motion for the following reasons: 1. The two settlement agreements do not contain any trade secrets or proprietary information warranting sealing. The Court was not persuaded by the argument related to moving parties being put in any potential tactical disadvantage by reason of the disclosure of these agreements. 2. The two agreements do not contain sp...
2020.03.16 Demurrer 403
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.16
Excerpt: ... SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action. Plaintiff is granted 20 days leave to amend and file a First Amended Complaint. Moving party to give notice. BACKGROUND On October 23, 2017, Plaintiff Mina Suh (“Suh”) entered into a business investment contract (the “Contract”) with Chef Kang Atelier Catering Company (“CKA”) for a lease and purchase of a food truck from Jessica Benson (“Benson”), who is not a part...
2020.03.13 Motion for Summary Adjudication 152
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.13
Excerpt: ...ndant Raj Saini. Plaintiff's Motion is DENIED WITHOUT PREJUDICE as to the first, second, and third causes of action against Defendant 2-Way Wireless, Inc. The Court sets an OSC re: default judgment for May 13, 2020 at 8:30 am in Dept. 20. in this Department. Plaintiff is ordered to file a default judgment package in compliance with CRC Rule 3.300 and CCP § 585 et seq. within 15 days of this ruling. Moving party to give notice. BACKGROUND On Augu...
2020.03.12 Demurrer, Motion to Strike 785
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.12
Excerpt: ... AMEND. Plaintiffs are granted 15 days leave to amend file a Third Amended Complaint. Moving party to give notice. BACKGROUND On May 14, 2019, Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez (“Plaintiffs”) filed a Complaint against Defendants FCA US LLC and Ellis Family Stores (“Defendants”). On August 14, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). On October 10, 2019, Defendants filed a Demurrer to the FA...
2020.03.12 Demurrer, Motion to Strike 104
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.12
Excerpt: ...nsolidation for May 6, 2020 at 8:30 am in Dept. 20, concurrent with the Final Status Conference. Moving party to give notice. BACKGROUND On April 6, 2018, TNIS Systems, Inc. (“TNIS”) filed a complaint against HJ Communication, LLC and HJA PNA, Inc., initiating case BC701011 (the “First Action”). On May 29, 2018, HJ Communication, LLC. filed a cross-complaint against TNIS and Kim. On September 17, 2019, Kim filed the Complaint against Defe...
2020.03.11 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.11
Excerpt: ...ND as to the fourth cause of action. LADWP's Demurrer is OVERRULED as to the first, second, and third causes of action. LADWP's Motion to Strike is GRANTED. Gonzales is granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On October 11, 2019, Plaintiff Thomas Gonzales (“Gonzales”) filed a First Amended Complaint against Defendant Los Angeles Department of Water and Power (“LADWP”...
2020.03.11 Demurrer 580
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.11
Excerpt: ...spondent re: Demurrer to Cross‐ Complaint) Notice: OK Ruling: Defendants' Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the first, third, and fourth causes of action. Defendants' Demurrer is OVERRULED as to the second and fifth causes of action. Plaintiffs are granted 15 days leave to amend and then file a First Amended Complaint. Moving party to give notice. Plaintiffs' Demurrer to the Cross‐Complaint is SUSTAINED WITH LEA...
2020.03.10 Motion to Quash Deposition Subpoena 776
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.10
Excerpt: ...o's right to oppose the deposition subpoena. CLM's request for monetary sanctions is GRANTED in the total amount of $800.00 payable to CLM within 30 days of this order by Blended's counsel, LPL Lawyers. Moving party to give notice. BACKGROUND On January 18, 2019, Plaintiff Blended Clothing, Inc. (“Blended”) issued a written purchase order to Defendant CLM California Design Co. (“CLM”) for printing services on fabric provided by Blended. F...
2020.03.09 Demurrer, Motion to Strike 152
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.09
Excerpt: ...or fraudulent inducement by intentional misrepresentations. Defendant's Demurrer is OVERRULED as to all other claims. Defendant's Motion to Strike is DENIED. Plaintiffs are granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On October 20, 2013, Judith Vargas and Cecilia Ramirez (“Plaintiffs”) purchased a 2014 Kia Optima (the “Vehicle”) from an authorized dealership of Defendant...
2020.03.09 Demurrer, Motion to Strike 018
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.09
Excerpt: ...dants CCAP Auto Lease LTD and Champion Dodge, LLC. Defendants' Demurrer is OVERRULED as to Ochoa's claims against FCA US LLC. Defendants' Motion to Strike is DENIED. Ochoa is granted 15 days leave to amend and then file a Third Amended Complaint. Moving party to give notice. BACKGROUND On April 24, 2018, Plaintiff Felix Israel Ochoa (“Ochoa”) leased a 2018 Jeep Wrangler from Defendant Champion Dodge, LLC. Defendant FCA US LLC is the manufactu...
2020.03.06 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.06
Excerpt: ... impartial arbitrator of the AAA. All matters in this case are now STAYED pending arbitration. The Court sets a status conference re: the status of arbitration for September 10, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on September 1, 2020. Moving party to give notice. BACKGROUND On September 6, 2017, Plaintiff Soheil Davood (“Davood”) applied for a job with Defendant Westlake Services, LLC (“Westla...
2020.03.06 Demurrer 695
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.06
Excerpt: ...AVE TO AMEND as to causes of action one through five. Smithway shall file an Answer to the remainder of the Cross- Complaint within 15 days of this order. GCC shall file a Motion for Leave before filing an amended cross-complaint. The Demurrer is OVERRULED as to the sixth cause of action for declaratory relief. GCC's First Amended Cross-Complaint is STRICKEN as untimely, without prejudice to GCC filing a Motion for Leave to File the First Amended...
2020.03.05 Motion to Compel Arbitration 632
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.05
Excerpt: ...ndant MOR Financial Services, Inc. hired Plaintiff Rosalba Bonilla as an office administrator. On February 4, 2019, Plaintiff slipped and fell while working, injuring her wrist. Plaintiff filed a worker's compensation claim and was placed on medical leave from February 5 to February 7, 2019. On March 11, 2019, Plaintiff was again placed on medical leave when her injury worsened. On April 30, 2019, Plaintiff returned to work. Thereafter, Plaintiff...
2020.02.28 Motion to File Under Seal, to Set Aside Notice of Settlement 815
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.28
Excerpt: ... 27, 2020. Defendant's records conditionally lodged under seal must be refiled under temporary seal—pending the March 27, 2020 hearing—within 15 days of this Ruling, Plaintiff's attempted Motion to Set Aside Notice of Settlement is VOID. Plaintiff's supporting filings and Defendant's Opposition and supporting filings are VOID. Moving party to give notice. BACKGROUND On October 29, 2018, Plaintiff Scott Ora filed a Complaint against Defendants...
2020.02.28 Motion to Compel Responses, Deem RFAs Admitted 274
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.28
Excerpt: .... Defendant is ordered to serve responses to Plaintiff's First Set of Special Interrogatories within 30 (thirty) days of this Ruling. Plaintiff's request for monetary sanctions is DENIED. Plaintiff's Motion to Deem First Set of Requests for Admission Admitted is GRANTED. Plaintiff's request for monetary sanctions against Defendant is GRANTED in the amount of $683.30. Defendant Joel Chun is ordered to pay $683.30 to the Law Offices of Nico N. Tabi...
2020.02.27 Motion to Compel Arbitration, for Joinder 653
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.27
Excerpt: ...rder of Joinder is DENIED. VRX is ordered to bear all Daher's arbitration fees and costs, including arbitrators' fees, in the arbitration of Daher's FEHA claims pursuant to this Order. All matters in this case are now STAYED pending arbitration. Moving party to give notice. BACKGROUND On September 14, 2018, Plaintiff Iyad Daher (“Daher”) entered into an Employment Agreement (the “Agreement”) with Defendant VRX Labs. The Agreement contains...

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