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2021.09.24 Motion to Compel Arbitration 693
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.24
Excerpt: ...ounsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On June 2, 2021, Plaintiff Megan Dorty filed a Complaint against Defendants Luxottica of America, Luxottica Retail North America, Teri Pliego, and Does 1-25 stating causes of action under FEHA for disability discrimination, race discrimination, sex discrimination, harassment based on race and sex, retaliation, failure to acco...
2021.09.21 Demurrer 000
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.21
Excerpt: ...uraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On January 27, 2021, Plaintiff William Paul Henry filed a First Amended Complaint (“FAC”) against Defendants Maria Munoz, Athas Capital Group, Inc., Rama Capital Partners, LLC and Does 1-10, stating causes of action for fraud, breach of fiduciary duty, negligence, conspiracy to defraud, unjust enrichment, and breach of contract. On March 2,...
2021.09.21 Demurrer 794
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.21
Excerpt: ... UCL claim. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the conversion claim and claim under Penal Code sec. 496(c). Plaintiff shall prepare and file a Second Amended Complaint within 25 days of this Order. Dangoor 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 in view of the COVID-19 pandemic. BACKGROUND On November 13, 2020, Plaintiff Rafi Ra...
2021.09.20 Request for Default Judgment 195
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.20
Excerpt: ...n July 27, 2020, Plaintiff Unlimited Security Specialists, Inc. filed a Complaint against Mochi Holdings Group, Inc., Bruce Hutchison and Does 1-10, stating causes of action for breach of a contract for security services, open book account, account stated, and reasonable value of services rendered. Plaintiff sought "damages in the principal sum of $93,620.00, together with late fees and interest," "statutory attorney fees," "costs of suit," and "...
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 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...
2021.09.01 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 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 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 ...
2021.08.31 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 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...
2021.08.19 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 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...
2021.08.18 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...
2021.08.16 Motion to Quash Subpoena 647
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.16
Excerpt: ...tely rather than in person. BACKGROUND On June 5, 2019, Madison Kaplan (“Madison”) filed a Complaint against Justin Gimelstob and Does 1-10 stating causes of action for loss of consortium and intentional and negligent infliction of emotional distress arising out of an alleged assault by Gimelstob on her husband Randall Kaplan (“Randall”) on October 31, 2018.[1] On February 28, 2020, Gimelstob filed a Cross-Complaint against Randall Kaplan...
2021.08.12 Motion to Compel Deposition 613
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.12
Excerpt: ...ies shall submit the necessary materials for the MSC in accordance with CRC 3.1380(c). Kia to give notice. If the parties 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 January 29, 2020, Kin Nghiem filed a Complaint against Defendants Kia Motors America, Inc. ("Kia"), Kia of Downtown, and Does 1-20 stating causes of action under the...
2021.08.12 Motion for Leave to Amend 260
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.12
Excerpt: ...le the proposed Fourth Amended Complaint within 10 days of this Order. If the parties 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 September 29, 2020, Plaintiff Tenesshua Adams filed a Complaint against Defendants Pacific Villa, Inc., Glendora Grand, Inc., Centinela Grand, Inc., and Century Villa, Inc. (together “Defendants”),...
2021.08.11 Motion to Amend Judgment 898
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.11
Excerpt: ... tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On July 1, 2020, Plaintiffs David Reed and Connie Reed filed a Complaint against Defendants Cal. Homes Group, Inc., Eddie Salinas, and Does stating claims for breach of contract and fraudulent promise based on Defendants' nonperformance of a Stipulation for Settlement and Mutual Release of Claims entered into by the parties on January 10, 2020. Plainti...
2021.08.10 Motion to Compel Arbitration 197
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.10
Excerpt: ...own to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On May 20, 2020, Plaintiff Abel A. Betancourth Caceres filed a Complaint against Defendants Crown Building Maintenance Co., Able Building Services Group, Inc. and Does 1- 20 stating causes of action under the Labor Code for failure to pay wages, pay sick time, provide itemized wage and hour statements,...
2021.08.10 Motion for Judgment on the Pleadings 464 (2)
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.10
Excerpt: ...d with prejudice. The Motion is CONTINUED to November 2, 2021 for supplemental briefing as to whether the GCA applies to Counts I, III, V and VII (the federal USERRA claims) or is preempted. Plaintiff shall file a Supplemental Brief presenting her arguments on this point at least ten (15) days before the hearing. Any Response thereto shall be filed at least five (5) days before the hearing. The Supplemental Brief and Response shall not exceed twe...
2021.08.10 Demurrer 845
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.10
Excerpt: ...f 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 December 30, 2020, Plaintiff SP Investment Fund I, LLC (“SPIF”) filed a Complaint against Defendant Fred F. Levinson and unnamed Does stating causes of action for breach of contract, conversion, and deceit (fraud) arising out of an agreement for Levinson to sell to SPIF a ...
2021.08.09 Motion for Relief from Court Order 796
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.09
Excerpt: ... LA Court Connect rather than in person in view of rising COVID-19 rates in L.A. County. BACKGROUND On October 29, 2019, Plaintiffs J&J Tax, Inc., Justin Young Raw Kim, and Jong Hyun Kim filed a Complaint against Defendants Universal CPA, Inc., Do Kyun Kim, and Does 1-10, stating causes of action for fraud, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing, seeking damages and unspecified injunctive relie...
2021.08.06 Motion for Summary Adjudication 371
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.06
Excerpt: ...hey are encouraged to appear remotely rather than in person. BACKGROUND On September 4, 2019, Plaintiff Art of Management LLC ("AOM" or "AOM LLC") filed a Complaint against Defendants Fawaz Istwani, Jackson Cafe, Inc. and Does 1-20, stating causes of action for goods sold and delivered, open book account, and account stated. On January 31, 2020, Defendants filed a Cross-Complaint against Art of Management, LLP ("AOM" or "AOM LLP") and Roes 1-20, ...
2021.08.05 Demurrer 186
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...INED WITH LEAVE TO AMEND as to the challenged defenses. Defendants shall file a Third Amended Answer within 20 days of this Order. 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 in view of rising COVID-19 rates. BACKGROUND On March 2, 2021, Plaintiff Ascentium Capital, LLC filed a Complaint against Defendants DMH Aesthetics, LLC, Daniel Holbus ...
2021.08.05 Motion to Strike or Tax Costs, for Attorney Fees 223
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...881.60 in attorney's fees. Plaintiff is entitled to costs and expenses of $8,831.28 after taxing $1,424.65 in costs. Plaintiff to give notice and submit a Proposed Judgment consistent with the same. 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 rising COVID-19 rates. BACKGROUND On December 28, 2018, Plaintiff Sandra Maldonado filed a Complaint against Kia Mot...
2021.08.05 Demurrer 866
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...y LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On December 31, 2020, Plaintiff Ketter Construction, Inc. filed a Complaint against Defendant Jiin Mi Kim and Does 1-5 stating causes of action for breach of contract and specific performance. 4979 West Washington Boulevard, Los Angeles, CA 90019 (the "Property") On January 13, 2021, Plaintiff filed a First Amended Complaint (“FAC”). On March 16, 2021, the c...
2021.08.05 Motion for Trial Preference 695
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...ouraged to appear remotely rather than in person. BACKGROUND Since at least 2011, Defendant Greenberg Cheese Company, Inc. (“GCC”) had rented a commercial property from Plaintiff Smithway Associates (“Smithway”) to conduct its business as a cheese factory. During 2017, the ceiling of the property suffered damage, resulting in a partial collapse. On January 30, 2018, GCC filed a complaint against Smithway stating causes of action for breac...
2021.08.04 Motion to Compel Further Privilege Log 567
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.04
Excerpt: ...thin 15 days of this Order updating the descriptions of the five challenged entries. Plaintiff 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 in view of rising COVID-19 rates. BACKGROUND On July 15, 2020, Plaintiff Shila Ardalan filed a Complaint against Amco Insurance Company, The Liberty Company Insurance Brokers, Inc. (“Liberty”) and Does 1-100, st...
2021.08.04 Motion to be Relieved as Counsel 735
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.04
Excerpt: ..., 2022. Trial is continued to January 17, 2022. Counsel to give notice and file a proof of service of this Order. BACKGROUND On August 17, 2016, Plaintiff Inner City Skyline, Inc. filed a Complaint against Defendant Renita James and Does 1-20, stating causes of action for breach of contract, foreclosure of mechanic's lien, quantum meruit and account stated. On April 23, 2018, Defendant James filed a Cross-Complaint against Inner City Skyline and ...
2021.08.03 Demurrer, Motion to Strike 457
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.03
Excerpt: ...he Motion to Strike is DENIED. Plaintiffs 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 in view of rising COVID-19 rates. BACKGROUND On March 10, 2021, Plaintiffs Juana Guzman and Norma Aguilar filed a Complaint against Defendant Deborah Orozco and Does 1-20 stating causes of action for breach of the implied warranty of habitability, breach of the covena...
2021.08.02 Motion to Deem Facts Admitted 726
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.02
Excerpt: ...ounsel within 30 days of this Order. The Court issues an OSC Re: Why the case should not be dismissed for Plaintiff's failure to prosecute, set for August 24, 2021 at 8:30 a.m. in Department 20 along with the parties' post-mediation status conference. Any response shall be filed at least five days before the hearing. Moss to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely by LA Court Connect instead ...
2021.07.30 Motion for Protective Orders 498
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.30
Excerpt: ...t Statement shall be filed not less than five days before the hearing. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person due to rising COVID‐19 rates in Los Angeles County. BACKGROUND On February 4, 2021, Plaintiff Francisco Garcia filed a Complaint against Defendant 99 Cents Only Stores, LLC and Does 1-30, stating a single cause of action for negligence based on pr...
2021.07.29 Motion for Summary Judgment 749
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.29
Excerpt: ...ed to appear remotely via LA Court Connect rather than in person in view of rising COVID-19 rates in L.A. County. BACKGROUND On July 13, 2018, Plaintiff Michael Irvin filed a Complaint against Defendants Hollywood Park Casino Company, Inc. (“HPCC”), Imperium Security Specialists, Inc. (“Imperium”), Toni Garcia, and unnamed Does. Plaintiff's claims arise out of an altercation with Garcia at HPC's casino which resulted in physical intervent...
2021.07.28 Motion to Strike 223
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.28
Excerpt: ...t submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect in view of the rising COVID-19 rates in Los Angeles County. BACKGROUND On January 5, 2021, Plaintiff Digital Dolphin Supplies, LLC filed a Complaint against Defendants Justin Cotton, Quire Office Products LLC and Does 1-25. On April 30, 2021, Cotton and Quire filed a Cross-Complaint against Digital Dolphin stating a cause of action for unfair business p...
2021.07.27 Demurrer, Motion to Strike 961
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.27
Excerpt: ... GRANTED WITH LEAVE TO AMEND as to the prayer for punitive damages and prejudgment interest. The Motion is otherwise DENIED. Plaintiffs shall file a First Amended Complaint within 25 days of this Order. Plaintiffs 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 in view of rising COVID-19 rates. BACKGROUND On April 20, 2021, Plaintiffs Monica Quinones and C...
2021.07.27 Demurrer, Motion to Strike SAC 978
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.27
Excerpt: ...rsion, breach of bailment, negligence, and CLRA claims. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the negligent hiring claim. The Demurrer is MOOT as to claims stated against Defendant Smallwood. The Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to Plaintiffs' novel allegations against the individual Defendants, prayer for emotional distress damages in connection with the negligence claim, and prayer for non-restitutionary di...
2021.07.27 Motion for Attorney Fees 392
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.27
Excerpt: ...over overtime wages, meal period premium wages, liquidated damages and waiting time penalties from Defendant Mitsuwa Corporation based on his employment with Mitsuwa from January to December 2016. On August 2, 2019, the Labor Commissioner denied Imai's claims for overtime wages, meal period premium wages and liquidated damages. The Commissioner awarded Imai $1,260.00 in penalties for failure to timely pay final wages. On October 10, 2019, Imai ap...
2021.07.22 Request for Default Judgment 490
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.22
Excerpt: ... Complaint against Defendants Cany Trading, Inc., Xiangjun Wang, and Does 1-100, stating causes of action for breach of contract, breach of guaranty, claim and delivery, and account stated. The Complaint alleges Plaintiff entered into a loan agreement with Cany Trading in December 2018 (“Agreement 4001”) and that Wang executed a guaranty of Agreement 4001 in favor of Plaintiff. Plaintiff asserts an unpaid principal of $166,577.34 is due under...
2021.07.22 Motion for Leave to File SAC 913
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.22
Excerpt: ...s Order. BACKGROUND On October 11, 2019, Plaintiff Lola St. John, a minor acting through her guardian Allana St. John, filed a Complaint against Defendant Mia St. John and Does 1-25, stating causes of action for rescission and cancellation of a beneficiary designation for Kristoff St. John's life insurance policy based on undue influence by Mia, common count for money had and received, unjust enrichment, and seeking a constructive trust on the pr...
2021.07.21 Motion for Leave to File FAC 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.21
Excerpt: ... days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. 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. (“JB Hunt”), J.B. Hunt Intermodal, and Prime Wheel Corporation. The cargo allegedly shifted while Mohamud...
2021.07.21 Demurrer 833
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.21
Excerpt: ...O AMEND as to the cause of action for unfair business practices. Plaintiff Cohen & Marzban, Law Corporation to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On January 15, 2021, Plaintiff Cohen & Marzban, Law Corporation filed a Complaint against Defendants Vatche Nerces Aposhian, Law Offices of Vatche Chorbajian, APC, USAA Casualty Insurance Company and unnamed Do...
2021.07.21 Demurrer 607
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.21
Excerpt: ...ation of Penal Code sec. 582.5, unfair business practices, and intentional infliction of emotional distress insofar as they are stated against CMFA. The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to Plaintiffs' causes of action for fraud, negligence per se, conversion, violation of Penal Code sec. 582.5, unfair business practices, and intentional infliction of emotional distress insofar as they are stated against CMFA. The Demurrer is OVERRULED...
2021.07.20 Motion to Seal 895
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.20
Excerpt: ... they are encouraged to appear remotely rather than in person. DISCUSSION Applicable Law In NBC Subsidiary (KNBC‐TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178, the Supreme Court identified factors that a trial court must “expressly find” satisfied before ordering records sealed. (Id. at 1217-18; CRC 2.550(d).) The court must find “that (i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substan...
2021.07.20 Motion for Attorney Fees 223
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.20
Excerpt: ... Plaintiff Sandra Maldonado filed a Complaint against Kia Motors America, Inc. (“KMA”) and Does 1-10, stating causes of action under the Song-Beverly Act. On July 12, 2019, Plaintiff filed a Motion to Compel Further Responses to Discovery. On December 11, 2019, the Court directed KMA to produce certain documents pursuant to the parties' Stipulated Protective Order. On May 2, 2021, Plaintiff filed a Notice of Settlement of Entire Case. On June...
2021.07.20 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.20
Excerpt: ...trike is GRANTED WITH LEAVE TO AMEND as to the prayer for punitive damages. Plaintiff shall file a Second Amended Complaint within 20 days of this Order. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On December 22, 2020, Plaintiffs Juan Bautista and Karl Flores filed a Complaint against Defendants General Motors LLC (“GM”) and unnamed Does, statin...
2021.07.16 Motion for Summary Adjudication 413
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.16
Excerpt: ...ion is DENIED as to the cause of action for unlawful business practices. Plaintiff to give notice and submit a proposed judgment. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On September 19, 2019, Plaintiff Nancy Esquivel filed a Complaint against Defendants Ovidio Tech, Dinora Tech and Does 1-100, stating causes of action for negligence, breach of the implied warranty of hab...
2021.07.15 Anti-SLAPP Motion 647
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.15
Excerpt: ...in person. BACKGROUND On June 5, 2019, Madison Kaplan filed a Complaint against Justin Gimelstob and Does 1-10 stating causes of action for loss of consortium and intentional and negligent infliction of emotional distress arising out of an alleged assault by Gimelstob on her husband Randall Kaplan on October 31, 2018. On February 28, 2020, Gimelstob filed a Cross-Complaint against Randall Kaplan and Does 1-10, stating causes of action for assault...
2021.07.15 Motion to Amend Complaint 371
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.15
Excerpt: ...y rather than in person. BACKGROUND On September 4, 2019, Plaintiff Art of Management LLC ("AOM" or "AOM LLC") filed a Complaint against Defendants Fawaz Istwani, Jackson Cafe, Inc. and Does 1-20, stating causes of action for goods sold and delivered, open book account, and account stated. On January 31, 2020, Defendants filed a Cross-Complaint against Art of Management, LLP ("AOM" or "AOM LLP") and Roes 1-20, stating causes of action for breach ...
2021.07.15 Motion to Compel Further Responses 469
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.15
Excerpt: ...CONTINUED IN PART to September 15, 2021 pending further meet and confer efforts. The parties' Joint Statement shall be filed not less than five days before the hearing. Plaintiffs to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On September 27, 2019, Plaintiffs Norma Aguinaga and Maria Guadalupe Osorio (“Plaintiffs”) filed their Complaint against Defendants Ja...
2021.07.14 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.14
Excerpt: ... days of this Order. The Motion to Compel Further Responses to Requests for Production is CONTINUED to September 14, 2021 pending further meet and confer efforts. The parties' Joint Statement shall be filed not less than five days before the hearing. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 28, 2019, Plaintiff Patsy A. Johnson filed a Co...
2021.07.14 Motion for Protective Orders, to Compel Further Responses 580
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.14
Excerpt: ...St. Johns is DENIED WITHOUT PREJUDICE. The Motion to Compel Further Responses is GRANTED as to Requests for Production 1 through 5 and 9 through 12, but DENIED as to Requests for Production 6 through 8. Middleton to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 28, 2019, Plaintiffs John Middleton and The John Powers Middleton Companies, LLC (“JPMC”) f...
2021.07.14 Demurrers 280
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.14
Excerpt: ...plaint within 20 days of this Order. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely rather than in person BACKGROUND On December 10, 2020, Plaintiffs Sherry Panahi, Christine Panahi, and Mary Kazemi filed a Complaint for declaratory relief against Defendants Automobile Club of Southern California (“AAA”), California Insurance Guarantee Association (“CIGA”), and Does 1-...
2021.07.13 OSC Re Contempt 251
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.13
Excerpt: ...remotely by LA Court Connect rather than in person. BACKGROUND On February 27, 2020, Plaintiff People of the State of California (“the People”), by and through the commissioner of business oversight, filed a Complaint against Defendants GoNow Securities, Inc. (“GoNow”), Felix Ajegbo (“Ajegbo”), and Does 1 through 10 for violations of Corp. Code sec. 25210 and 25232.2 seeking injunctive relief and civil penalties. On March 27, 2020, th...
2021.07.13 Demurrer 231
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.13
Excerpt: ...ond Amended Complaint within 25 days of this Ruling. Plaintiffs to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On June 4, 2020, Plaintiffs Xu Hai, Fangyu Huang, and Kangying, LLC (“Plaintiffs”) filed a Complaint against Defendants Alec Amar, Michel Amar, Nyam, LLC, BIT Management, Multiple Application Technology, LLC (“Defendants”) and unnamed ...
2021.07.12 Request for Default Judgment 761
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.12
Excerpt: ...h of contract, waste, and money due and owing. Plaintiff alleges she is the owner of certain commercial real property and alleges she leased one unit to Melgren for "use as a machine shop and for storage." Plaintiff alleges Melgren's machine shop business "deteriorated" and alleges Melgren "allowed the [unit] to be used by other individuals for purposes" other than the machine shop business without Plaintiff's consent. Plaintiff alleges Melgren's...
2021.07.12 Motion for Approval of PAGA Settlement 852
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.12
Excerpt: ...o, Jr. filed a Complaint against Defendants Seidner- Miller, Inc., Seidner-Miller Automotive, Inc. (together “Defendant”) and Does 1-100, stating a cause of action under the Private Attorney General Act ("PAGA") as an aggrieved employee representing other aggrieved employees of Seidner-Miller. The relevant period for PAGA violations is July 22, 2019 through the present. On July 17, 2021, Plaintiff filed a Motion for Approval of PAGA Settlemen...
2021.07.08 Request for Default Judgment 699
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.08
Excerpt: ...tember 17, 2021 at 8:30 a.m. in Department 20 of Stanley Mosk Courthouse. Plaintiff to give notice. BACKGROUND On November 13, 2020, Plaintiff U.S. Foods 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 valu...
2021.07.08 Motion for Leave to Amend Answer 890
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.08
Excerpt: ... not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On February 19, 2020, Plaintiff Jessica Martinez filed a Complaint against Defendants Saint John's Evangelical Lutheran Church of the Unaltered Aubsburg Confession of Montebello (“Defendant”) and Does 1-50, stating a cause of action for premises liability arising out of an injury sustained on Defendant's property while performing a pest cont...
2021.07.07 Demurrer 232
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...egligence claim. Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On or about February 2009, Plaintiff Fisher entered into a lease agreement (the “Lease”) with Defendants. The Lease provided a 12-month term continuing on a month-to-month basis. On or about August 1, 2015, Fisher left Defendants' apartment complex due to health and habitabi...
2021.07.07 Motion for Trial Preference 420
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...are authorized to reserve a hearing for a Motion for Summary Judgment one to two weeks before trial. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On April 30, 2021, Plaintiff Dorothy Grant filed a Complaint against Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC (“Rockport”), Pomona Nursing and Healthcare Centre, LLC and Pomona H...
2021.07.07 Motion to Compel Arbitration 484
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...n the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On February 17, 2021, Plaintiff Vanessa Isabel Gallegos filed a Complaint against Defendants Ford Motor Company (“Ford”), Ford of Montebello and Does 1-10, stating causes of action for breach of warranty, fraudulent inducement, and Song-Beverly Act violations arising out of Plaintiff's lease of a 2018 Ford Fusion from Ford of Montebello. On Ap...
2021.07.07 Motion to Compel Deposition and Responses 215
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...ppear remotely rather than in person. BACKGROUND On October 11, 2018, Plaintiff David Kamrava filed a Complaint against Defendants FCA US, LLC ("Defendant" herein), Scott Robinson Chrysler Dodge Jeep Ram and Does 1-10, stating causes of action under the Song-Beverly Act. On November 12, 2018, Plaintiff noticed the deposition of Defendant's person most qualified for December 3, 2018. (Abdolhosseini Decl., para. 21, Exh. 4.) On November 29, 2018, D...
2021.07.02 Motion for Summary Adjudication 681
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.02
Excerpt: ...e Motion for Summary Adjudication is also GRANTED as to the connected prayer for punitive damages. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On June 28, 2019, Plaintiff Khajid Hurst filed a Complaint against Defendants Lancaster Hospital Corporation dba Palmdale Regional Medical Center ("PRMC"), Gannat Kilali (sued as Janet Jalili), and Does 1-50, ...
2021.07.01 Motions for Choice of Law, Applications to Appear Pro Hac Vice 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.01
Excerpt: ...ENIED. The Applications to Appear Pro Hac Vice are GRANTED. Non‐Appearance Case Review Re: Annual Payment of Pro Hac Vice Fee for Perry Craft and Non‐Appearance Case Review Re: Annual Payment of Pro Hac Vice Fee for Matthew Wright are scheduled for July 1, 2022 at 3:00 PM in Department 20 of Stanley Mosk courthouse. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely by LA Court Connect ...
2021.07.01 Motion for Anti-SLAPP Attorney Fees 811
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.01
Excerpt: ...ouraged to appear remotely by LA Court Connect rather than in person. BACKGROUND On October 30, 2020, Plaintiffs Lakeside Medical Organization, Inc. and Regal Medical Group, Inc. filed a Complaint against Defendants Jonathan Nissanoff, M.D., Advanced Orthopedic Center, Inc. (“AOC”), and Does 1-25, stating claims for fraud, unjust enrichment, and unfair business practices, seeking declaratory, injunctive, and monetary relief. The action was fi...
2021.06.30 Motion to Compel Further Responses, Deposition 402
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.30
Excerpt: ...d 34. The Motion is DENIED as to SROGs 22, 23, 24, 43 and 55. The Motion to Compel Deposition Attendance and Production of Documents is GRANTED IN PART as to questions left unanswered at Kenneth West's deposition and DENIED IN PART as to the requests for production of documents. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On March 3, 2020, Plaintiffs...
2021.06.30 Motion for Leave to File SAC 982
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.30
Excerpt: ... appear remotely rather than in person. BACKGROUND On February 1, 2019, Plaintiff Jerome Williams, in pro per, filed a Complaint against Defendant Wassen Elshaied, stating causes of action for general negligence, premises liability, and intentional tort, alleging Defendant “failed to make timely repairs” to Plaintiff's restroom and engaged in retaliatory eviction once Plaintiff complained. Plaintiff also alleged he suffered “a slip and fell...
2021.06.30 Demurrer 809
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.30
Excerpt: .... Maxwell shall file a First Amended Complaint within 20 days of this Order. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On February 5, 2021, Plaintiff Shelly Maxwell filed a Complaint against Los Angeles Unified School District (“LAUSD”) and Does 1-100, stating causes of action for wrongful termination in violation of public policy, d...
2021.06.29 Motion to Seal 809
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.29
Excerpt: ... than in person. BACKGROUND On February 13, 2018, Plaintiff Esplanade Productions, Inc. filed a Complaint against Defendants The Walt Disney Company (“TWDC”), Disney Enterprises, Inc., Walt Disney Pictures (“WDP”), ABC, Inc., Buena Vista Home Entertainment, Inc., Disney Consumer Products, Inc., Disney Consumer Products and Interactive Media, Inc., Disney Book Group, LLC, Buena Vista Books, Inc., Disney Interactive Studios, Inc., Disney St...
2021.06.29 Motion for Protective Order 956
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.29
Excerpt: ...16, 2021 at 8:30 a.m. The examination of Nasrin Barkhordari is set for August 16, 2021 at 8:30 a.m., consistent with the date proposed by Nejat. Kohan to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On March 16, 2012, Pacifica L 39 LLC filed a Complaint against Defendants Hormoz Abdolhosein aka Hormoz Ramy, Nejatollah Kohandarvish aka Nejat Kohan (“Ne...
2021.06.29 Demurrer, Motion to Strike 432
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.29
Excerpt: ...do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 4, 2020, Plaintiff Francisco Salazar filed a Complaint against Defendants Bio-Nutraceuticals, Inc. (“BNI”), Gerald Farris, Manny Gomez, Jamie Maldonado, and unnamed Does, stating claims for breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful termination against public policy, intentional in...
2021.06.25 Anti-SLAPP Motion 833
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.25
Excerpt: ...y rather than in person. BACKGROUND On January 15, 2021, Plaintiff Cohen & Marzban, Law Corporation filed a Complaint against Defendants Vatche Nerces Aposhian, Law Offices of Vatche Chorbajian, APC, USAA Casualty Insurance Company and unnamed Does 1-100. The Complaint asserts causes of action for quantum meruit and declaratory relief arising out of services rendered during legal representation of Defendant Aposhian in an underlying action. On Ma...
2021.06.25 Motion to Amend Complaint and Answer 799
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.25
Excerpt: ...to Amend are DENIED. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On November 11, 2017, Plaintiff Kayvan Setareh (as Trustee of Pacific Capital Trust) filed a Complaint against Defendants Monterey Bay View Estates, LLC (“Monterey”), South Bay Contractors, Inc. (“South Bay”), Avraham Hassid, Mike Amidnamin, and Does 1-25, stating claims for bre...
2021.06.25 Motion to Strike or Continue Motion for Summary Judgment 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.25
Excerpt: ...mary Judgment is CONTINUED to September 17, 2021 at 8:30 a.m. in Department 20. Plaintiffs to give notice. If counsel do not submit on the tentative, 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 Gabrie...
2021.06.23 Motion to Quash Service of Summons 894
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.23
Excerpt: ... BACKGROUND On March 5, 2021, Plaintiff Kevin Jeffers filed a COmplaint against Defendants Joseph Choi, Chris Sedlak, Clayton Nishikawa and Does 1-25, stating causes of action for breach of contract and declaratory relief. On April 30, 2021, Defendant Nishikawa filed a Motion to Quash Service of Summons. DISCUSSION Applicable Law CCP § 418.10(a) provides that: “A defendant, on or before the last day of his or her time to plead or within any fu...
2021.06.23 Motion for Charging Order 956
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.23
Excerpt: ...appear by LA Court Connect rather than in person. BACKGROUND On March 16, 2012, Pacifica L 39 LLC filed a Complaint against Defendants Hormoz Abdolhosein aka Hormoz Ramy, Nejatollah Kohandarvish aka Nejat Kohan (“Nejat”); Saeid Kohandarvish aka Sid Kohan (“Sid”); Massoud Ramiaka aka Massoud Ramy aka Mike Ramy; Palm Plaza Partnership; and unnamed Does. Pacifica stated claims for breach of commercial guaranties, seeking to set aside certain...
2021.06.23 Demurrer 696
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.23
Excerpt: ...tiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to remotely appear via LA Court Connect rather than in person. BACKGROUND On May 8, 2020, Plaintiff Tires Direct, Inc. filed a Complaint against Defendants Magna Tyres USA LLC, Magna Tyres Canada LTD, Magna Tyres World B.V, and Does 1-50, stating causes of action for breach of contract, negligent and intentional interference with prospective economic adva...
2021.06.22 Motion to Compel Arbitration 383
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.22
Excerpt: ... on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On January 15, 2021, Plaintiffs Expo-Bach, LLC and Expo-CT, LLC filed a Complaint against Defendants Jacob Zacuto (“Zacuto”), Zacuto Group, Inc. (“Zacuto Group”), and Does 1-10, stating causes of action for fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, negligence and breach of fiduciary duty. On March 26, 2021, ...
2021.06.22 Demurrer, Motion to Strike 865
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.22
Excerpt: ...d Amended Complaint within 25 days of this Order. The Motion to Strike is GRANTED WITH LEAVE TO AMEND. Plaintiffs to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On September 29, 2020, Plaintiff Tenesshua Adams filed a Complaint against Defendants Pacific Villa, Inc., Glendora Grand, Inc., Centinela Grand, Inc., and Century Villa, Inc. (together “Defendants”),...
2021.06.18 Motion to Compel Deposition 982
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.18
Excerpt: ...s of $2,511.65 jointly and severally against Defendant and counsel, to be paid within 30 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On July 24, 2019, Plaintiff Jerome Williams filed a First Amended Complaint (“FAC”) against Defendants Wassen Elshaied and Does 1-25, stating causes of action for general negligence, premises lia...
2021.06.18 Motion for Summary Adjudication 031
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.18
Excerpt: ...e CONTINUED to September 23, 2021 at 8:30 a.m. pending the deposition of Dr. Pietruzska. Any Supplemental Response addressing the deposition from either side shall be filed at least five days before the hearing. Veterans Rideshare 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, Plaintiff William Ysaguirre (“Decedent”), filed a form complaint ...
2021.06.17 Motion for Leave to File Amended Answer 087
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.17
Excerpt: ...hin 10 days of this Order. The Court sets a hearing re: service of the cross‐complaint for August 17, 2021 at 8:30 a.m. in Department 20. Canedo's Motion for Leave is DENIED WITHOUT PREJUDICE. Hospital Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. ANALYSIS Canedo and the Hospital Defendants [1] each filed separate, but largely identical Motions for Leave to Fi...
2021.06.16 Motion to Compel Further Responses 270
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.16
Excerpt: ...aintiff and Plaintiff's counsel, payable to the City's counsel within 30 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On March 12, 2019, Plaintiff Linda Fisher, an employee at the Parks and Recreation Department of the City of Los Angeles, filed a sexual orientation harassment complaint with Defendant City of Los Angeles's Equal Em...
2021.06.16 Demurrer 079
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.16
Excerpt: ... contract claims. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fraud claim to the extent it arises from representations in the lease. The Demurrer is otherwise SUSTAINED WITH LEAVE TO AMEND to the fraud claim to the extent it is based on other representations. Defendants/Cross-Complainants shall prepare and file a First Amended Cross-Complaint within 25 days of this Order. Defendants/Cross-Complainants to give notice. If counsel do ...
2021.06.15 Motion for Protective Order and Reopen Discovery 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.15
Excerpt: ... DENIED WITHOUT PREJUDICE. The Motion for Protective Order is DENIED. Plaintiffs 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 in view of the COVID-19 pandemic. 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 Va...

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