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Judge: Brazile, Kevin x
2021.09.17 Request for Entry of Default Judgment 699
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.17
Excerpt: ...ds filed a Complaint against Pints & Quarts Gastro Pub, LLC dba Pints & Quarts Gastro Pub & Pizzeria ("P&Q"), Donna M. Niehouse, Cary Reese and Does 1-10, stating causes of cation for breach of contract, breach of guaranty, and common counts for open book account, account stated and reasonable value arising out of Niehouse's application to Plaintiff for a credit line for P&Q, subsequent purchases thereunder, and the personal guaranty of the credi...
2021.09.17 Motion for Summary Judgment 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.17
Excerpt: ...ve, they are encouraged to appear remotely rather than in person. BACKGROUND On June 3, 2016, Plaintiffs Praxedes E. Running and the Praxedes E. Running Trust filed a Complaint against Covina Irrigating Company (“CICO”), City of Azusa (“City”), Azusa Valley Water Company (“AVWC”), San Gabriel River Water Committee (“SGRWC”), George Morrow, Fran Delach, Chet Anderson, William McIntyre, Andrew McIntyre, and Canyon Water Company, sta...
2021.09.16 Motion to Compel Compliance 785
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.16
Excerpt: ...otice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. 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 Octob...
2021.09.16 Motion for Summary Judgment 066
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.16
Excerpt: ...l detainer. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On June 29, 2021, Plaintiff Alexis Baker filed a Complaint against Defendants Jonah Hirsch, Big Mountain Film Company, LLC and Does 1-50 stating a single cause of action for unlawful detainer of 148 S. Roxbury Drive, Unit #3, Beverly Hills, CA 90212 (the "Property"). On July 14, 2021, Hirsch fil...
2021.09.14 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.14
Excerpt: ... on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 28, 2019, Plaintiff Patsy A. Johnson filed a Complaint against Defendants General Motors LLC (“GM”) and Does 1-20, stating causes of action under the Song-Beverly Act arising out of Plaintiff's purchase of a 2019 Chevrolet Silverado. On December 30, 2020, Plaintiff filed a Motion to Compel Further Responses to Special Interrogatories and Moti...
2021.09.14 Motion to Compel Arbitration 866
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.14
Excerpt: ...ntative, they are encouraged to appear remotely rather than in person. BACKGROUND On January 13, 2021, Plaintiff Ketter Construction, Inc. filed a Complaint against Defendants Jiin Mi Kim and Does 1-5 stating causes of action for breach of contract, fraud, and money had and received. On March 19, 2021, Kim filed a Cross-Complaint against Solid Sound, LLC and Does 1-10 stating a single cause of action for breach of contract. Kim alleges Ketter "is...
2021.09.10 Request for Default Judgment 279
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.10
Excerpt: ...ses of action under FEHA for pregnancy discrimination, disability discrimination, sex discrimination, and retaliation alongside common law causes of action for intentional and negligent infliction of emotional distress and wrongful termination in violation of public policy. On December 20, 2019, Easydisc filed an Answer. On August 14, 2020, counsel for Eaydisc substituted out of the action. On November 10, 2020, the Court struck Easydisc's Answer...
2021.09.09 Motion to Quash Summons, to Stay 502
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.09
Excerpt: ...es do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On November 5, 2020, Plaintiffs Rijel Tavella, Joanna Crosby, Anna Crosby, Nadia Pavia and Dominique Williams filed a Complaint against Defendants 1516 Hobart Investments, LP ("Hobart"), Concord Real Estate, Stanley Treitel, Lance Robbins and Does 1-50 stating causes of action for breac...
2021.09.01 Motion to Compel Further Responses 031
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...s for Production is DENIED. Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On July 20, 2018, William Ysaguirre (“Decedent”), filed a form complaint against NEMT Solutions, LLC (“NEMT”); and Does 1-100, for (1) negligence and (2) elder abuse. William Ysaguirre died on October 14, 2018. On March 18, 2019, Plaintiffs Diane Ysaguirre and Wilneisha ...
2021.09.01 Motion for Leave to Amend 179
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...ties do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On May 13, 2020, Plaintiff Vicente Lopez filed a Complaint against Defendant Andrew Koretoff d.b.a. J & S Construction and Does 1-25 stating causes of action for failure to pay wages, provide meal and rest breaks, provide accurate itemized wage statements, reimburse required business ...
2021.09.01 Demurrer, Motion to Strike 916
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...gligence claim. The Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to the prayer for punitive damages and supporting allegations of fraud, oppression and malice. Plaintiffs shall file a First Amended Complaint within 20 days of this Order. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On February 23, 2021, Plaintiffs Freida Jackson and Michael Jay Jackson filed a Complai...
2021.09.01 Demurrer 052
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...as a whole and the reference in Paragraph 33 to “Atlas and Hwang.” Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person due to the COVID‐19 Pandemic. BACKGROUND On October 3, 2019, Plaintiff First Law Group, APC filed a Complaint against Defendants Hugo Granadeno (“Hugo”), Doris Granadeno (“Doris”), Hugo Granadeno Drywall Company (“HG...
2021.08.31 Motion to Compel Arbitration 288
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.31
Excerpt: ... a Complaint against Defendant Jason Streatfeild and Does, seeking declaratory relief that Defendant may not pursue FINRA arbitration which Defendant initiated against Plaintiff. On May 14, 2021, Defendant filed a Motion to Compel Arbitration. On August 18, 2021, Plaintiff filed an Opposition to the Motion to Compel. On August 24, 2021, Defendant filed a Reply in support of his Motion to Compel. DISCUSSION Applicable Law A trial court is required...
2021.08.31 Motion for Attorney Fees 470
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.31
Excerpt: ...ACKGROUND On July 2, 2019, Plaintiff Alberto Andrade Aguilar filed a Complaint against Defendant FCA US LLC and Does 1-10 stating causes of action under the Song-Beverly Act. On March 17, 2021, Plaintiff filed a Memorandum of Costs. On June 14, 2021, Plaintiff filed a Notice of Settlement of Entire Case. On August 9, 2021, Plaintiff filed a Motion for Attorney's Fees and Costs. On August 18, 2021, FCA filed an Opposition. On August 24, 2021, Plai...
2021.08.30 Request for Default Judgment 725
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.30
Excerpt: ...stating causes of action for partition of real property, accounting, and breach of fiduciary duty seeking to partition and sell 23338 Wagon Trail Road, Diamond Bar, CA 91765 (the “Property”). Plaintiff alleges he and Defendant are joint owners of the Property. On December 20, 2019, default was entered against Defendant. On August 10, 2021, Plaintiff filed a request for entry of default judgment against Defendant seeking an interlocutory judgm...
2021.08.30 Demurrer 765
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.30
Excerpt: ...NED WITHOUT LEAVE TO AMEND as to the unjust enrichment claim. The Demurrer is OVERRULED as to the breach of fiduciary duty claim. Plaintiff shall file a Second Amended Complaint within 20 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On September 3, 2020, Plaintiff SK Rossgosstrakh PAO (“RGS”) filed a Complaint against De...
2021.08.27 Motion to Compel Deposition of PMK 545
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.27
Excerpt: ...ihan and its counsel, Barzin Barry Sabahat, payable to Etehad Law within 30 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely rather than in person in view of COVID-19. BACKGROUND On May 20, 2019, Plaintiff Shahram Mirzaei filed a First Amended Complaint against Defendants Pejman Behkar, Law Offices of Pejman Behkar, Mihan Corporation and Does 1-10 stating caus...
2021.08.24 Motion to Compel Further Responses, for Protective Order 924
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.24
Excerpt: ...ctive order. The Motion to Compel Further Responses is GRANTED as to Form Interrogatories 2.2, 2.3, 2.5 and 2.6. The Motion is otherwise GRANTED subject to the protective order. Further responses are due within 30 days of entry of the Proposed Protective Order. Yamaguchi to give notice. Counsel are strongly encouraged to appear by LA Court Connect rather than in person if they do not submit on the tentative, in view of the COVID-19 Pandemic. BACK...
2021.08.20 Motion to Compel Responses 939
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.20
Excerpt: ... sanctions is DENIED. Plaintiffs to give notice. BACKGROUND On February 1, 2021, Plaintiffs Samuel Kim and Cali Blue Sky Investment, Inc. filed a Complaint against Defendants Vape Pens Wholesale, U.S. Fulfillment, Inc., James Paul Davis, Luis Mundo Garcia, Josue Danilo Osorio and Does 1-50 stating causes of action for statutory trademark infringement, common law trademark infringement, trademark dilution, unfair competition and deceptive business...
2021.08.20 Motion for Summary Adjudication 733
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.20
Excerpt: ...onal distress, wrongful termination and negligent hiring and supervision. The Motion is GRANTED as to the cause of action for breach of implied-in- fact contract as stated against Defendants generally. The Motion is DENIED as to the causes of action against Defendants generally for failure to accommodate, failure to engage in the interactive process, failure to prevent harassment, and DENIED as to each of the FEHA claims against Arce. Defendants ...
2021.08.19 Motion to Compel Arbitration 073
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.19
Excerpt: ...rance contract; (2) breach of implied covenant of good faith and fair dealing; (3) violation of California Insurance Code section 790, et seq.; (4) violation of California Business and Professions Code section 17200; and (5) fraud. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respo...
2021.08.19 Motion for Summary Adjudication 895
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.19
Excerpt: ... DENIED otherwise. Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On December 18, 2018, Plaintiffs ART Reproductive Center, Inc. (“ART”) and Advanced Reproductive Technologies of Santa Barbara, LLC (“ART SB”) filed a Complaint against Defendants Embryonics, Inc. and David Hill, M.D. (“Defendants” herein) stating causes of action for aiding ...
2021.08.19 Motion for Approval of PAGA Settlement 427
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.19
Excerpt: ...easonable attorney's fees and costs, and settlement administrator's fees. Settlement of PAGA claims requires court approval. (Labor Code sec. 2699(l)(2) (“The superior court shall review and approve any settlement of any civil action pursuant to” PAGA.)) However, “[n]either the California legislature, nor the California Supreme Court, nor the California Courts of Appeal, nor the California Labor & Workforce Development Agency (‘LWDA') has...
2021.08.18 Motion to Compel Further Responses 509
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.18
Excerpt: ...Further Responses to the Requests for Production and Form and Special Interrogatories without objection within 30 days of this Order. The Court imposes monetary sanctions of $1,934.95 jointly and severally against Defendant and counsel of record. Plaintiff to give notice. The parties are encouraged to appear remotely via LA Court Connect rather than in person. BACKGROUND On April 7, 2020, Plaintiff Wardell Maurice Tinsley filed a Complaint agains...
2021.08.17 Demurrer 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.17
Excerpt: ...of contract claim; SUSTAINED WITH LEAVE TO AMEND as to the fraud, negligent misrepresentation, promissory estoppel, reformation, and financial elder abuse claims; and OVERRULED as to the promissory estoppel claim. Escalate's Demurrer is OVERRULED. Defendant shall file a First Amended Cross-Complaint within 25 days of this Order remedying the identified defects. Defendant to give notice. If counsel do not submit on the tentative, they are strongly...

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