Excerpt: ...hcare Foundation RESPONDING PARTIES: Plaintiffs Annette Turner and Tammy Davis (1) Motion to Bifurcate Punitive Damages MOVING PARTIES: Plaintiffs Annette Turner and Tammy Davis RESPONDING PARTY: Defendant AIDS Healthcare Foundation (2) Motion to Bifurcate and Order Separate Trials of Plaintiffs The court considered the moving, non-opposition, and reply papers filed in connection with the motion to bifurcate punitive damages. The court considered...

Excerpt: ... PARTY: Unopposed Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving papers filed in connection with this motion. No opposition or reply papers were filed. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact ne...

Excerpt: ...ike Answer The court considered the moving and opposition papers filed in connection with the demurrer and motion to strike. No reply papers were filed in connection with the demurrer or motion to strike. REQUEST FOR JUDICIAL NOTICE The court grants plaintiff Emilio Reyes's request for judicial notice. (Evid. Code, § 452, subd. (d).) DEMURRER TO ANSWER Plaintiff Emilio Reyes (“Plaintiff”) moves the court for an order sustaining his demurrer ...

Excerpt: ...G PARTY: Artem Gerashchenkov, as plaintiff in the unlawful detainer case Order to Show Cause why the court should not (1) reconsider and vacate (i) its September 29, 2023 order deeming the Unlawful Detainer Action and Civil Action related, (ii) its September 29, 2023 order reassigning the Unlawful Detainer Action to Department 53 at the Stanley Mosk Courthouse, (iii) its September 29, 2023 order consolidating the Unlawful Detainer Action and Civi...

Excerpt: ...NDING PARTY: Unopposed Motion to Strike Plaintiff's First Amended Complaint and Answer to Cross -Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant and cross- complainant Westside Contractors (“Westside”) moves the court for an order (1) striking the First Amended Complaint filed by plaintiff Regency Plastering, Inc. (“Plaintiff”) on April 14, 2022, ...

Excerpt: ... Motion for Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants plaintiff Eric Jones's request for judicial notice. (Evid. Code, § 452, subd. (d); People v. Hinkley (1987) 193 Cal.App.3d 383, 386, n. 2 [taking judicial notice of the decision and findings of the State Bar Court].) DISCUSSION Plaintiff Eric Jones (“Plaintiff”) moves the court...

Excerpt: ...ests that the court enter judgment by default against defendant Cristina Amado Loomis (“Defendant”) in the total amount of $382,600.22, consisting of (1) $200,000 in damages, (2) $100,000 in punitive damages, (3) $7 1,956.80 in interest, (4) $643.42 in costs, and (5) $10,000 in attorney's fees. (CIV -100, ¶ 2; Loomis Decl., ¶¶ 47 -48; Seanez Decl., ¶¶ 35 -36, 39.) The court notes various defects in Plaintiff's request for default judgmen...

Excerpt: ...laintiff Forex Express Corp., d/b/a WireCash RESPONDING PARTY: Defendant Eliran Grushkowsky Motion to Seal Second Amended Identification of Trade Secrets and Mottram Declaration The court considered the moving, limited opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Forex Express Corp., d/b/a WireCash (“Plaintiff”) moves the court for an order sealing (1) its Second Amended Identification of Trade Secre...

Excerpt: ...dant Eyanu Health Services, LLC Motion to Compel Further Responses to Form Interrogatories, Employment, Set Two The court considered the moving papers filed on March 20, 2024, [1] and the opposition and reply papers filed in connection with this motion. DISCUSSION Plaintiff Kofoworola Folashade Olatunde (“Plaintiff”) moves the court for an order (1) compelling defendant Eyanu Health Services, LLC (“Defendant”) to serve further responses t...

Excerpt: ...tions The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants plaintiff Emilio Reyes's request for judicial notice as to Exhibits 4, 5, 6, 13, 15, and 17. (Evid. Code, § 452, subd. (d).) The court denies plaintiff Emilio Reyes's request for judicial notice as to Exhibit 16 as an improper subject for judicial notice. (Evid. Code, § 452.) DISCUSSION Plaintiff...

Excerpt: ...es Motion for Discovery of Peace Officer Personnel and Other Documents ( Pitchess Motion) The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Dalila Alcantara (“Plaintiff”) filed this action against defendant County of Los Angeles (“Defendant”) on February 23, 2023, alleging one cause of action for retaliation in violation of Labor Code section 1102.5. Plaintiff now move...

Excerpt: ... Inc., Kaiser Foundation Hospitals (erroneously sued as Kaiser Permanente Panorama City Medical Center and Kaiser Permanente Palmdale Medical Center), and Southern California Permanente Medical Group RESPONDING PARTY: Plaintiff Fernando Lara (1) Demurrer to Second Amended Complaint (2) Motion to Strike Portions of Second Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motio...

Excerpt: ...motion. The court notes that counsel for plaintiff Emily Keough filed a declaration in opposition to this motion. However, counsel filed the declaration on May 22, 2024, and therefore did not file the opposing declaration at least nine court days before the hearing as required by Code of Civil Procedure section 1005, subdivision (b). Thus, the court orders that the “Declaration in Opposition to Defendant's Motion to Reclassify” filed on May 2...

Excerpt: ...Plaintiff Richard Rodger Furton RESPONDING PARTY: Unopposed (1) Plaintiff's Motion to Compel Responses to Supplemental Interrogatory (2) Plaintiff's Motion to Compel Responses to Supplemental Request for Production of Documents The court considered the moving papers filed in connection with each motion. No opposition papers were filed. MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL INTERROGATORY Plaintiff Richard Rodger Furton (“Plaintiff”) moves...

Excerpt: ...efendants BJD Services, LLC, Dawn Kuykendall, Jerilyn Rivetti Kuykendall, Brian McWilliams, Rodney Owens, Villa Patrician Home Owner's Association Inc., and Villa Patrician Home Owner's Association Inc. Motion to Strike Answer and Cross-Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion, and the “Notice of Corporate Revivor for Villa Patrician Home Owner's Association Inc.” filed on Ma...

Excerpt: ...NDING PARTY: Unopposed Motion to Strike Plaintiff's First Amended Complaint and Answer to Cross -Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant and cross -complainant Westside Contractors (“Westside”) moves the court for an order (1) striking the First Amended Complaint filed by plaintiff Regency Plastering, Inc. (“Plaintiff”) on April 14, 2022, ...

Excerpt: ...idered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Gerardo Contreras (“Plaintiff”) seeks an order approving the settlement of his claims under the Labor Code Private Attorneys General Act of 2004 (Labor Code, § 2698, et seq.) (“PAGA”), set forth in the “Individual Labor Code Claims and PAGA Settl ement Agreement” (the “Settlement”), entered into by and between Plai...

Excerpt: ...court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AIDS Healthcare Foundation's February 26, 2024 request to take judicial notice of the Third Amended Complaint filed in this action by plaintiffs Annette Turner and Tammy Davis on December 28, 2022. (Evid. Code, § 452, subd. (d).) LEGAL STANDARD The purpose of a motion for summary judgment or summa...

Excerpt: ...court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Juan Cruz Rodriguez (“Plaintiff”) moves the court or an order (1) imposing terminating, issue, or evidence sanctions against defendant John Stich (“Defendant”), (2) awarding monetary sanctions in the amount of $1,500, payable by Defendant to the court, and (3) awarding monetary sanctions in favor of Plaintiff and ...

Excerpt: ...red the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Virginia Zamora's evidentiary objections, filed on May 7, 2024, as follows: Objections Nos. 1 -22 are overruled. DISCUSSION Plaintiff Virginia Zamora (“Plaintiff”) moves the court for an order awarding attorney's fees and costs in her favor and against defendant General Motors LLC (“Defendant”) in the tota...

Excerpt: ...to Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. REQUEST FOR JUDICIAL NOTICE The court grants defendants County of Los Angeles and Law Offices of the Los Angeles County Alternate Public Defender's request for judicial notice, filed on March 19, 2024. [1] (Evid. Code, § 452, subd. (d).) DISCUSSION Plaintiff Justin Cato (“Plaintiff”) filed the operative...

Excerpt: ... or, in the Alternative, Tax Costs The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiffs Andres Manzo and Eva Mora (“Plaintiffs”) move the court for an order (1) striking, in its entirety, the memorandum of costs filed by defendant Hyundai Motor America (“Defendant”), or (2) alternatively, taxing $20,001.18 in costs claimed by Defen dant. The court finds that Defendant is...

Excerpt: ...rom Civil Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION On September 29, 2023, the court issued an order granting the ex parte application filed by plaintiff Aysia A. Rowe (“Rowe”) and ordering that (1) this unlimited civil action filed by Rowe (Case No. 23STCV14562) (the “Civil Action”) and the limited civil a ction for unlawful detainer filed by defenda...

Excerpt: ...considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court declines to rule on defendant AIDS Healthcare Foundation's evidentiary objections, filed on May 2, 2024, because those objections are directed to evidence that is not material to the court's disposition of this motion. (Code Civ. Proc., § 437c, subd. (q).) REQUEST FOR JUDICIAL NOTICE The court grants defendant AIDS Healthcar...

Excerpt: ...efault Judgment, if Entered The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Cristina Amado Loomis (“Defendant”) moves the court for an order setting aside her default, entered by the clerk on February 16, 2023, on the First Amended Complaint filed by plaintiff Chris Loomis (“Plaintiff”), pursuant to (1) Code of Civil Pro cedure section 473, (2) Co...

Excerpt: ...tiffs Amosun Akala, Daniel P. Stelzer, and Stacy Hayes Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant Los Angeles Unified School District's evidentiary objections, filed on May 2, 2024, as follows: The court sustains Objections Nos. 9, 33, 41, and 52. The court overrules ...

Excerpt: ...itration and Stay Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant Worldwide Flight Services, Inc.'s request for judicial notice. (Evid. Code, § 452, subd. (h).) DISCUSSION Defendant Worldwide Flight Services, Inc. (“Defendant”) moves the court for an order (1) compelling plaintiff Angie Gonzalez (“Plaintiff”) to submit t...

Excerpt: ...nce Brown, Stephen Thompson, Erick Herrera, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Osvaldo Perez, Mark Escalante, Katherine Gerbasi, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Was hington, Aaron Walker Matis, Lacramiora Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Alicia Reyna, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, and Grace Evelyn Bowland Motion to S...

Excerpt: ...lf of themselves and other aggrieved employees Demurrer to Second Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Cecilia Hailey (“Hailey”), Chekarey Byers (“Byers”), and Timanii Meeks (“Meeks”), on behalf of themselves and other aggrieved employees (collectively, “Plaintiffs”), filed the operative Second Amended Complaint in this action ...

Excerpt: ...ainant Howard Management Group RESPONDING PARTY: Cross -defendant Pacific Coast Elevator Corporation d/b/a Amtech Elevator Services (1) Motion to Tax Costs MOVING PARTY: Defendant and cross- complainant 1544 9th Street, LLC RESPONDING PARTY: Cross -defendant Pacific Coast Elevator Corporation d/b/a Amtech Elevator Services (2) Motion to Strike Costs or, in the Alternative, to Tax Costs The court considered the moving, consolidated opposition, and...

Excerpt: ...QUEST FOR PRODUCTION OF DOCUMENTS ) PLAINTIFF'S MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS MOVING PARTY: Plaintiff Selleton.com RESPONDING PARTY: Unopposed (1) Motion to Compel Responses to Form Interrogatories – General (2) Motion to Compel Responses to Special Interrogatories (3) Motion to Compel Responses to Requests for Production of Documents (4) Motion for Order Deeming Admitted Truth of Facts The court considered the moving papers ...

Excerpt: ...ecial Interrogatories The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Seran Ng, D.M.D. Inc.'s evidentiary objections, filed on April 25, 2024, as follows: Objections Nos. 1 and 8 are overruled. Objections Nos. 2-7 and 9 are sustained. DISCUSSION Plaintiff Seran Ng, D.M.D. Inc. (“Plaintiff”) moves the court for an order (1) compelling defend...

Excerpt: ...OCEDURE § 170.6 CHALLENGE TO JUDGE COCHRAN Order to Show Cause re why the court should not, on its own motion, (1) reconsider and vacate Judge Cochran's March 5, 2024 order accepting plaintiff/relator Newton W. Kellam's March 4, 2024 Code of Civil Procedure section 170.6 challenge against Judge Coc hran and reassigning this matter to Judge Robert B. Broadbelt in Department 53 for all further proceedings, and (2) issue a new order denying plainti...

Excerpt: ... Motion to Compel Plaintiff's Deposition and Request for Monetary Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Los Indios de San Gabriel, Inc., and Andrew Salas (“Defendants”) move the court for an order (1) compelling plaintiff Emilio Reyes (“Plaintiff”) to appear for and testify at a videotaped, in- person deposition, and (2) awarding monetary sanctio...

Excerpt: ...nified School District (“Defendant”) filed, on January 25, 2024, a motion for summary judgment or, alternatively, summary adjudication against plaintiff Eric Jones (“Plaintiff”), with a hearing date of May 1, 2024. At the time that Defendant's motion was filed, trial was scheduled for February 28, 2024. On January 29, 2024, the court issued a minute order granting in part and denying in part Defendant's ex parte application to continue tr...

Excerpt: ...o. Payments, Inc., and Inter & Co., Inc. (joined by defendant Eliran Grushkowsky on September 8, 2023) RESPONDING PARTY: Plaintiff Forex Express Corp., d/b/a WireCash Motion to Quash Subpoenas for Production of Business Records The court considered the moving, joinder, opposition, and joint reply papers filed in connection with this motion. DISCUSSION Defendants Inter & Co. Payments, Inc., and Inter & Co., Inc. (“Inter Defendants”), joined by...

Excerpt: ...his motion. No opposition papers were filed. DISCUSSION Defendant Target Corporation (“Defendant”) moves the court for an order reclassifying this action, filed by plaintiff Emily Keough (“Plaintiff'), as a limited jurisdiction case. “If a party files a motion for reclassification after the time for that party . . . to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order f...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Sharleyne Martin, on behalf of all aggrieved employees Motion to Compel Individual Arbitration and to Dismiss Action The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies defendant The Ritz- Carlton Hotel Company, LLC's request for judicial notice of various unpublished superior court orders. (Cal. Rules of Ct., rule 8.1115....

Excerpt: ...isco Puertas, and Sandy Segovia RESPONDING PARTIES: Plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust Demurrer to Operative Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Alan M. Bagamaspad, individually and as trust...

Excerpt: ...on, Inc. Motion to Compel Further Responses to Requests for Production of Documents The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AVX Design & Integration, Inc.'s request for judicial notice as to exhibit 1. (Evid. Code, § 452, subd. (c).) The court denies defendant AVX Design & Integration, Inc.'s request for judicial notice as to exhibi...

Excerpt: ...ital Stafflink Network RESPONDING PARTY: Unopposed Motion for Leave to File Second Amended Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network (“Plaintiff”) moves the court for an order granting it leave to file a Second Amended Complaint (1) to add a claim for breach of contract based on a thi...

Excerpt: ...NT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION MOVING PARTIES: Defendants Persian -American Adult Day Health Care Center, Inc., d/b/a Forever Young Adult Day Health Care Center, Vardkes Ken Esrailian, and Abdul Toukhi RESPONDING PARTIES: Plaintiffs Kazem Sanikhatam, by and through his successor -in- interest Mitra Azizi, and Mitra Azizi Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, oppo...

Excerpt: ...ees of the GM Defined Benefit Pension Plan RESPONDING PARTY: Unopposed Motion for Attorney's Fees The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendants Teresa Gorman Martinez and Ruben Martinez, trustees of the GM Defined Benefit Pension Plan (“Defendants”) move the court for an order awarding them attorney's fees, to be paid by plaintiffs Shai Harris, as successor ...

Excerpt: ...ANDS) MOVING PARTY: Defendant Alexandra R. McIntosh, APC (joined by defendants Los Indios de San Gabriel, Inc., and Andrew Salas on April 10, 2024) RESPONDING PARTY: Plaintiff Emilio Reyes (1) Motion for Relief from Waiver (Form Interrogatories) (2) Motion for Relief from Waiver (Special Interrogatories) (3) Motion for Relief from Waiver (Document Demands) The court considered the moving, limited joinder, and opposition papers filed in connection...

Excerpt: ...on for Mandatory Sanctions for Material Breach of Arbitration Agreement The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Rebecca Marshall (“Plaintiff”) moves the court for an order awarding monetary sanctions in favor of Plaintiff and against defendant College Hospital Inc. (“Defendant”) pursuant to Code of Civil Procedure sections 1281.98 and 1281.99 on the ground th...

Excerpt: ...c., Mercedes- Benz Financial Services, and Daimler Trust, and (2) Defendant Mercedes-Benz USA, LLC Motion to Withdraw from Arbitration and Proceed in Court The court considered the moving and reply papers filed in connection with this motion. The court did not consider the opposition papers filed by defendants Calstar Motors Inc., Mercedes-Benz Financial Services, and Daimler Trust because those papers were not served on plaintiffs Steven Trinh a...

Excerpt: ...t Mulgrew Aircraft Components, Inc. Motion to Strike Cross-Complaint The court considered the amended moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff and cross -defendant David Maijala (“Maijala”) moves the court for an order striking the Cross -Complaint filed by defendant and cross -complainant Mulgrew Aircraft Components, Inc. (“Mulgrew”) on December 7, 2023 as untimely. “If a party doe...

Excerpt: ...trustee of the Amir H. Rad Trust dated March 10, 2018 RESPONDING PARTIES: Plaintiffs and cross- defendants Siamak Rezvani and SAP Construction Enterprises, Inc. Motion to Bifurcate Trial on Issue of Licensure The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant A mir Rad, individually and as trustee of the Amir H. Rad Trust dated March 10, 2018's ev...

Excerpt: ...a, Chance Brown, Stephen Thompson, Erick Herrera, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Osvaldo Perez, Mark Escalante, Katherine Gerbasi, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Was hington, Aaron Walker Matis, Lacramiora Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Alicia Reyna, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, and Grace Evelyn Bowland Motio...

Excerpt: ...eclassify Case to Limited Jurisdiction The court considered the moving and non-opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Josefina Campos (“Defendant”) moves the court for an order reclassifying this action, filed by plaintiff Angela Rios Miranda (“Plaintiff”), as a limited civil case. “If a party files a motion for reclassification after the time for that party . . . to resp...