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2024.06.17 Demurrer 363
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.17
Excerpt: ...ia (“Shellee Ann”) and Terry Broncucia (“Terry”) and the wife of plaintiff Joseph Broncucia (“Joseph” and, together with Shellee Ann and Terry, “Plaint iffs”), was admitted to a hospital operated by defendant West Hills Hospital & Medical Center (“Defendant”). (Complaint Addendum p. 1.) She was accompanied by her daughter, Shellee Ann, who is also her caretaker. (Ibid.) The following day, Patricia Ann passed away at Defendant'...
2024.06.12 Demurrer 571
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.12
Excerpt: ... part. Background: On February 8, 2024, Plaintiff Asha Enterprises, LLC (“Plaintiff”) filed a complaint for damages and equitable relief against defendants Wilmington Savings Fund Society, FSB (“WSFS”), California TD Specialists (“TD”), New Yok Mortgage Trust, Inc. (“NYMT”), and DOES 1 -10 alleging six causes of action for (1) Set Aside Foreclosure Sale, (2) Quiet Title, (3) Cancel Trustee's Deed, (4) Declaratory and Injunctive Re...
2024.06.12 Application for Writ of Possession 365
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.12
Excerpt: ... Defendant Bruce Halprin (“Defendant”) over the following property: 2019 Mercedes -Benz SL55OR motor vehicle with serial No. WDDJK7DA7KFO56 128 Statement of the Case On March 26, 2024, Plaintiff filed a complaint against Defendant and Bedford Avenue LLC and Does 1 -20 alleging four causes of action for (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. The complaint alleges that Defendan t defaulted on a writt...
2024.06.12 Motion to Strike Answer 126
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.12
Excerpt: ...375 Collins St., Tarzana, CA 91356 (the “Property”), encumbered by another building owned by Plaintiff and a deed of trust in favor of Clear Valley, LLC (the “Trust Payee”). (Compl. ¶¶ 6 -7.) On October 5, 2023, via US Mail, Plaintiff mailed its monthly payment for the deed of trust using check number 1716 from its account at City National Bank (the “Check”) to the Trust Payee. (Compl. ¶ 8.) On November 9, 2023, Plaintiff was notif...
2024.06.11 Motion to Quash Service of Summons 156
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.11
Excerpt: ...t a garage located at 21025 Costanso Street, Woodland Hills, CA 91364 (“21025 Constanso”), into a new accessory dwelling unit (“Project”). (Co mpl. ¶ 13.) Plaintiff contends that he supplied all the construction materials required to complete the Project and that as of July 28, 2021, defendants Sergio Miramontes (“Sergio”) and his wife, Rosa Miramontes (“Rosa”) (jointly “Defendants”), have failed to make full payment of $35,0...
2024.06.11 Motion for Judgment on the Pleadings 277
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.11
Excerpt: ...f, filed this suit against defendant Marcos Lopez on July 28, 2023, alleging violations of California's Unruh Civil Rights Act and Disabled Persons Act. The Court accepts Plaintiffs' facts as true for purposes of a pleading challenge, as follows: Plaintiff is quadriplegic and relies on a wheelchair for mobility. (Compl., ¶ 1.) Marcos Lopez owns a restaurant (the Restaurant) at 16435 Vanowen St. in Van Nuys. ( Id., ¶¶ 2 -3.) On June 17, 2023, P...
2024.06.04 Motion to Compel Deposition of PMQ, for Sanctions 601
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.06.04
Excerpt: ...calade (the “Vehicle”) from defendant Casa de Cadillac, which was manufactured by and warrantied by defendant General Motors, LLC (“Defendant”). (Complaint pp. 2 –3. ) On April 12, 2023, Plaintiff filed a complaint (the “Complaint”) alleging breaches of express and implied warranties under the Song-Beverly Consumer Warranty Act and the Magnuson -Moss Warranty Act . On August 11, 2023, Plaintiff served Defendant with deposition noti...
2024.05.28 Demurrer 763
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.28
Excerpt: ...id Hosseimzadeh Dolkhani (“Defendant” and, together with Plaintiff, “Parties”) dissolved their marriage in 2021. (Complaint p. 6.) The judgment of dissolution called for equal custody of their minor child (Parties' “Daughter”) with Defendant as the custodial parent. ( Ibid.) Despite this, Defendant prevented Plaintiff from seeing his Daughter for months at a time and interfered with, disrupted, or refused to bring their Daughter to co...
2024.05.23 Motion to Compel Deposition of PMQ 179
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.23
Excerpt: ...llegations drawn from the Complaint (as defined below). Between March 1, 2020 and August 31, 2021, plaintiff Shahnaz Ostad Kalimi (“Plaintiff”) lived in a third -floor apartment at a certain real property (the “Property”), which she leased from defendants Tarzana Five Properties, LLC (“Opposing Party” and, toget her with Plaintiff, “Parties”) and Peyman Jacob Yadegar. (Complaint pp. 5 – 6.) Throughout Plaintiff's tenancy at the ...
2024.05.22 Motion for Terminating Sanctions 672
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.22
Excerpt: ...she was depositing cash at a branch of defendant State Bank of India (“Defendant”) on behalf of plaintiff Sunoil Retail Group (“Sunoil” and, together with Vershinina, “Plaintiffs” and Plaintiffs, together with Defendant, “Parties”). Plaintiffs filed this action on August 22, 2023, stating claims for (1) negligence, (2) premise liability, (3) unsafe conditions, and (4) intentional infliction of emotional distress. On February 13, 2...
2024.05.15 Motion to be Relieved from Deemed Admissions 970
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.15
Excerpt: ...his is a premises liability negligence case. On December 2, 2020, plaintiff Mary Howard (“Plaintiff”) “fell in a recessed painted and camouflaged area of the asphalt” in the parking lot of a shopping center maintained by defendant El Camino Shopping Cente r, LLC (“Defendant”). (Complaint p. 4.) On November 10, 2022, Plaintiff initiated this lawsuit by filing a form complaint (the “Complaint”) alleging causes of action for (1) negl...
2024.05.08 Motion to Strike 400
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.08
Excerpt: ...ssociation (“CCA”) are film critic associations whose membership consists of film and entertainment industry professionals and who that host award shows. (Compla int pp. 1–3.) Defendant Joey Berlin (“Berlin” and, together with CCA, “Defendants”) is a founder and the president of CCA. ( Id. at pp. 2 –3.) In December 2019 and January 2020, Defendants contacted Plaintiff to demand Plaintiff change its then - name, Hollywood Critics A...
2024.05.07 Motion for Preliminary Injunction 286
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.07
Excerpt: ...]: I. BACKGROUND Plaintiff Jiran Saevitzon (“Plaintiff”) owns and resides at a certain residential property (the “Property”), which is encumbered by a certain first deed of trust (the “Deed of Trust”). (Complaint pp. 1– 2.) Defendant Mill City Mortgage Loan Trust 2017 -3, Wilmington Savings Fund Society, as trustee (“Mill City”) is the assignee of the original lender and current holder of the Deed of Trust. ( Id. at p. 1.) Defen...
2024.05.07 Motion to Quash Business Records Subpoena 033
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.07
Excerpt: ...usiness Records Subpoenas; Request for Sanctions [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: I. BACKGROUND A. Factual Background Defendant Valley Grace Home, Inc. (“Valley Grace”), which is owned by defendant Gregory Mikitarian (“Mikitarian” and, together with Valley Grace, “Defendants”), is a 15 -bed residential nursing facility to which plaintiff Sharon Whitfield Wright (“Plaintiff” and, together with Defendants, �...
2024.05.07 Motion to Compel Responses 217
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.05.07
Excerpt: .... BACKGROUND On November 22, 2023, plaintiff Elaine Strother (“Plaintiff”) initiated this lawsuit by filing a complaint alleging a single cause of action for motor vehicle negligence related to an incident with defendant Bryan Gusdorf (“Defendant”) that occurred on January 3, 2022. (Complaint p. 4.) On January 5, 2024, Defendant propounded discovery requests on Plaintiff. (Motion p. 1.) On March 19, 2024, Defendant filed three motions to ...
2024.04.30 Motion for Summary Judgment 879
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.30
Excerpt: ...e motion for summary judgment. I. BACKGROUND On November 1, 2019, plaintiff Kristina Reveles (“Plaintiff”) consulted with defendant Harmick Taroian, DDS (“Defendant”) in his capacity as a dentist. (Taroian Decl. ¶ 3.) On May 7, 2020, while Defendant was performing dental services on Plaintiff, a dental tool broke and a piece of it became lodged in one of her teeth where it remained at least until the date of the filing of the Complaint (...
2024.04.29 Motion to Compel Arbitration 264
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.29
Excerpt: ... (the “Vehicle”) from defendant Haute, LLC d/b/a Vegas Auto Gallery Lotus Cars Las Vegas (“Defendant”). (Complaint p. 2). In doing so, Parties entered a purchase agreement (the “Purchase Agreement”) and an arbitration agreement (the “Arbitration Agreement”). (Opposition pp. 1 –2.) Plaintiff later learned that the Vehicle's odometer had been “rolled back” so that it showed significantly lower mileage than it actually possesse...
2024.04.29 Demurrer, Motion to Strike 276
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.29
Excerpt: ...defendant Reel Security California, Inc. (“Defendant” and, together with Plaintiff, “Parties”). (FAC pp. 1 –3.) This lawsuit arises out of that employment. On July 28, 2023, Plaintiff initiated this lawsuit by filing a complaint (the “Complaint”). On November 7, 2023, Defendant demurred to the Complaint, which demurrer was sustained with leave to amend on January 2, 2024. On February 23, 2024, Plaintiff filed a first amended complai...
2024.04.23 Motion to Compel Verified Responses, Deem RFAs Admitted 573
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.23
Excerpt: ...riana Sinai Sanchez Tinoco (“Plaintiff”) and defendant Sara Rincon (“Defendant”) were involved in a motor vehicle collision. (Complaint pp. 4 –5.) Plaintiff alleges that she thereby sustained injuries. (Id. at p. 5.) On October 13, 2022, Plaintiff initiated this lawsuit by filing a form complaint (the “Complaint”) alleging causes of action for (1) motor vehicle negligence and (2) general negligence. On August 16, 2023, Defendant fil...
2024.04.19 Application for Writ of Attachment 626
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.19
Excerpt: ...ness installment loan with plaintiff Citibank, N.A. (“Plaintiff”). ( Complaint p. 2.) Simultaneously, defendant Anna Rshtuni (“Anna” and, together with Consulting, “Defendants” and Defendants, together with Plaintiff, “Parties”) executed a guaranty (the “Guaranty”), guaranteeing Consulting's performance under the Agreement (as defined below). (Id. at p. 4.) On September 1, 2023, Plaintiff approved Consulting for a $110,000 bus...
2024.04.05 Motion to Compel Responses 962
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.05
Excerpt: ...E ABOVE CASE]: (1) Grant; grant sanctions in the reduced amount of $285.00 (2) Grant; grant sanctions in the reduced amount of $285.00 (3) Grant; grant sanctions in the reduced amount of $285.00 (4) Deny; deny sanctions. I. BACKGROUND On October 25, 2021, plaintiff Harris Davis (“Plaintiff”) tripped and fell over a door mat at a restaurant owned by defendants Norms and Norms Restaurants, LLC (“Defendant” and, together with Plaintiff, “P...
2024.04.04 Motion for Terminating Sanctions 019
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.04
Excerpt: ...by a van driven by defendant Dong Hai Le (“Defendant”), an employee of dismissed defendant Home Depot U.S.A. Inc. (“Home Depot”). (Complaint pp. 2 –3.) Plaintiff thereby sustained injuries. (Complaint p. 3.) On November 15, 2022, Plaintiff initiated the instant lawsuit by filing a complaint alleging a cause of action for negligence. On March 20, 2023, Plaintiff's attorney moved to be relieved as counsel, which motion was granted on Apri...
2024.04.03 Demurrer 666
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.04.03
Excerpt: ...the “Complaint”) against defendants Gina Belsito (“Gina”), Joe Belsito (“Joe”), and Gladys Geraldino (“Gladys” and, together with Gina and Joe, “Defendants” and Defendants, together with Plaintiff, “Parties”) alleging a cause of action for fraud. We refer to parties by first name for clarity, not out of familiarity or disrespect. (See In re Marriage of Schaffer (1999) 69 Cal.App.4th 801, 803, fn. 2.) Gina is Plaintiff's si...
2024.03.26 Motion to Disqualify or Recuse Counsel 184
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.26
Excerpt: ...f”) and defendant Terry McElroy (“Defendant” and, together with Plaintiff, “Parties”) entered into an agreement through which Defendant assigned his rights in certain liens on patients to Plaintiff. (Complaint p. 2.) On March 7, 2022, Defendant told Plaintiff that the agreement was not valid. (Ibid.) On August 17, 2022, Plaintiff initiated this lawsuit by filing a complaint alleging a cause of action for breach of contract. On October 2...
2024.03.25 Motion to Compel Responses 079
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.25
Excerpt: ...ecial Interrogatories. [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: BACKGROUND On January 9, 2021, plaintiff Rita Zetino (“Plaintiff”) and defendant Davit Andreasyan (“Defendant”) were involved in a motor vehicle accident in which Defendant's vehicle struck Plaintiff's vehicle. (Complaint p. 5.) Plaintiff thereby sustained injuries. (Ibid.) On January 9, 2023, Plaintiff initiated this lawsuit by filing a complaint alleging cau...
2024.03.19 Motion to Compel Responses to Deem RFAs Admitted 358
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.19
Excerpt: ...otion to Deem Request for Admissions Admitted. [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: BACKGROUND In 2017 and 2018, plaintiff Mid -Century Insurance Company (“Plaintiff”) provided defendant Jainson's International, Inc. (“Defendant”) with workers' compensation insurance policies, for which Defendant promised to pay Plaintiff premiums. (Motion p. 3.) Def endant defaulted on its premiums payments and an outstanding balance ...
2024.03.15 Motion to Quash Service of Summons 264
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.15
Excerpt: ...ed vehicle (the “Vehicle”) from defendant Haute, LLC d/b/a Vegas Auto Gallery Lotus Cars Las Vegas (“Defendant”). (Complaint p. 2; Motion p. 3.) Plai ntiff asserts that he later learned that the Vehicle's odometer had been “rolled back” so that it showed significantly lower mileage than it actually possessed. (Id. at p. 3.) According to the Plaintiff, Plaintiff notified Defendant of the odometer “roll back” and demanded that Defen...
2024.03.15 Motion to Compel Deposition, for Sanctions 082
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.15
Excerpt: ...which production is sought). Granted as to sanctions against Plaintiffs and Plaintiff's counsel in the requested amount of $575.00. I. BACKGROUND Plaintiffs Melania Almonte (“Almonte”) and Gloria Gonzales Almonte (“Gonzales Almonte” and, together with Almonte, “Plaintiffs”) have lived at an apartment since 2002 that is owned or managed by defendants April Moore, as trustee of the Panorama City Separate Property Trust, (“Moore”) an...
2024.03.14 Motion for Summary Judgment 025
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.14
Excerpt: ...�Dr. Matian”), during which procedure Plaintiff incurred nerve injuries that later required subsequent surgery to correct. (Complaint p. 3.) On July 21, 2022, Plaintiff initiated this lawsuit by filing a complaint (the “Complaint”) alleging causes of action for medical malpractice and medical battery against Dr. Matian and Fariborz Matian D.D.S., Inc. (“Dr. Matian Inc.” and, together with Dr. M atian, “Defendants” and Defendants, to...
2024.03.12 Motion to Strike 007
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.12
Excerpt: ... “Apartment”), which was owned by defendant Ralph Shaffer (“Ralph”), for which defendant Abrienne Schaffer (“Abrienne”) was the “acting landlord,” which was managed by defendants V ivian Sypien (“Vivian”) and Andrew Sypien (“Andrew” and, together with, Abrienne, and Vivian, “Moving Parties”), and for which defendant Isaac Stewart (“Isaac” and, together with Ralph and Moving Parties, “Defendants”) was “acting ...
2024.03.11 Motion for Sanctions 851
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.03.11
Excerpt: ...2, plaintiff Michael Mizrachi (“Plaintiff”) entered a lease (the “Lease”) to rent residential real property (the “Property”) from defendants John Kyle Rosen (“John”), Layne M. Rosen (“Layne”), and JKLMRO Trust (the “JKLMRO” and, together with John and Layne, “Defendants”). (Complaint p. 1.) Two days later, Plaintiff paid Defendants $72,000, half of which was a security deposit and half of which was two months' worth of...
2024.02.29 Demurrer 521
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.29
Excerpt: ... Corsa, LLC (“Plaintiff”) leased a commercial real property (the “Premises”) to defendant S & K Health Services, Inc. (“Defendant” and, together with Plaintiff, “Parties”). (Complaint p. 2.) On October 23, 2023, Plaintiff served Defendant with a thirty -day Notice to Cure Covenant or Quit (the “First Cure -or -Quit”), which lists several complaints Plaintiff had received from neighbors about noise from the Premises over the pr...
2024.02.27 Demurrer 270
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.27
Excerpt: ...A. Factual The following factual background is drawn from the Complaint (as defined below). On February 1, 2019, plaintiff Ani Yapunjyan (“Plaintiff”) was involved in a motor vehicle collision with another driver, Maria Martinez (“Martinez”). At the time, Plaintiff carried an automobile insurance policy issued by defendant Wawanesa General Insurance Company (“Defendant” and, together with Plaintiff, “Parties”). Plaintiff reported ...
2024.02.23 Motion to Strike 184
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.23
Excerpt: ...efined below). On April 18, 2023, plaintiff Cecillia Hailey (“Plaintiff”) was served a three-day pay -or -quit notice by her residential landlord. Plaintiff alleges that, on May 3, 2023, Plaintiff entered into a retainer agreement with defendant Neighborhood Legal Services of Los Angeles County (“Defendant”), a private non -profit legal services provider, in which parties agreed Defendant would provid e legal services to Plaintiff related...
2024.02.21 Motion to Compel Responses 876
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.21
Excerpt: ... Interrogatories, and (3) Motion to Compel Responses to Requests for Production of Documents [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE:] The Motions to Compel are GRANTED. Teresita's request for sanctions against Mahesh is GRANTED in the reduced amount of $992.00. BACKGROUND I. Factual The following factual background is drawn from the Complaint (as defined below.) Plaintiff Mahesh C. Sood (“Mahesh”) and defendant Teresita N. Soo...
2024.02.21 Demurrer 270
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.21
Excerpt: ...A. Factual The following factual background is drawn from the Complaint (as defined below). On February 1, 2019, plaintiff Ani Yapunjyan (“Plaintiff”) was involved in a motor vehicle collision with another driver, Maria Martinez (“Martinez”). At the time, Plaintiff carried an automobile insurance policy issued by defendant Wawanesa General Insurance Company (“Defendant” and, together with Plaintiff, “Parties”). Plaintiff reported ...
2024.02.16 Motions to Compel 033
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.16
Excerpt: ...ompel are GRANTED. Plaintiff's requests for attorney's fees and costs in the reduced amount of $3,300.00 is GRANTED. BACKGROUND 1. Factual Background Defendant Valley Grace Home, Inc. (“Valley Grace”), which is owned by defendant Gregory Mikitarian (“Mikitarian” and, together with Valley Grace, “Defendants”), is a 15 -bed residential nursing facility to which plaintiff Sharon Whitfield Wright (“Plaintiff ” and, together with Defen...
2024.02.13 Demurrer, Motion to Strike 385
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.13
Excerpt: ...ual The following facts are drawn from the First Amended Complaint (as defined below). On September 26, 2017, Parvaneh Azmoon (“Plaintiff”) obtained a home equity line of credit (the “Mortgage”) on her residential real property (the “Property”) from MUFG Union Bank, N.A. (“MUFG”), of which U.S. Bank National Association (“Defendant”) became the successor by merger. The Mortgage was secured by a Deed of Trust, which was recorde...
2024.02.08 Application for Writ of Possession 257
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.08
Excerpt: ...of Possession are GRANTED. Procedural History On November 28, 2023, Plaintiff Transport Funding, LLC (“Plaintiff”) filed this breach of contract action (the “Complaint”) against Defendants LHC Trucking Inc. (“Buyer”) and Tigran Ghukasyan (“Ghukasyan” and, together with Buyer, “Defendants”) relating to the sale of 3 Volvos. Plaintiff alleges that Defendants failed to make installment payments and are in possession of the vehicl...
2024.02.07 Demurrer to FAC 354
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.07
Excerpt: ...round is drawn from the FAC (as defined below). Plaintiff Antranig Khatchig Ohannessian (“Plaintiff”) is the lessee and resident of a unit in a residential apartment complex (the “Premises”) owned and/or managed by the defendants, Legacy Partners, LLC (“Legacy Partners”), 6041 Variel, LLC (“6041 Variel”), 6041 Variel Managing Member, LLC (“Managing Member” and, collectively with Legacy Partners and 6041 Variel, the “Answerin...
2024.02.05 Motion for Stay of Proceedings 523
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.05
Excerpt: ...California v. Alfred Igbokwe Obichukwu, case no. LA096033 (Cal. Super. Ct. filed Dec. 21, 2021). Background On August 28, 2021, Plaintiff Maribel Greenidge (“Plaintiff”) and Alfred Igbokwe Obichukwu (“Defendant”) were involved in a motor vehicle collision. Plaintiff alleges she suffered property damage and bodily injuries as a result of the accident. Plaintiff further alleges that immediately after the motor vehicle collision described ab...
2024.02.05 Motion for Judgment on the Pleadings 454
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.05
Excerpt: ...nty) is GRANTED with 15 days' leave to amend. The Motion for Judgment on the Pleadings as to the second cause of action (breach of implied warranty) is DENIED. Background This case is a lemon law action filed by Plaintiff Thovmas Gabrielian against Defendant Mercedes- Benz U.S.A., LLC (“MBUSA”). On April 27, 2021, Plaintiff leased a 2021 Mercedes-Benz GLE63 (the “Subject Vehicle”) manufactured by MBUSA pursuant to a motor vehicle lease ag...
2024.02.05 Demurrer, Motion to Strike 794
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.05
Excerpt: ...ion; sustain, with leave to amend as to the fifth cause of action (2) Motion to Strike- Granted. I. BACKGROUND A. Factual The following facts are drawn from the First Amended Complaint (as defined below). On July 15, 2020, plaintiff Jane JK Doe (“Plaintiff”) was admitted to a hospital with a small bowel obstruction and underwent emergency surgery. Plaintiff remained at the hospital recovering from the surgery for a few days. On July 18, 2020,...
2024.02.01 Request for Default Judgment 366
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.02.01
Excerpt: ...f must file a summary of the case. 2. None of the filed documents explain how the damages being sought ($160,000) is calculated. Per the Complaint, Plaintiff paid $7,450 to Defendants for services not rendered in breach of the contract. As for the other $152,550, Plaintiff pleads “substantial monetary damage,” impliedly from lost expected business growth but not expressly stated. (Complaint ¶¶ 14–15, 20, 27.) 3. Interest calculation is mi...
2024.01.24 Motion to Compel Arbitration and Dismiss or Stay Action 173
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.24
Excerpt: ...November 20, 2023 Plaintiff Parviz (“Plaintiff”) filed a Complaint against Defendants Shahrokh Mokhtarzadeh, an individual and Law Offices of Shahrokh Mokhtarzadeh, a Professional Law Corporation and Does 1 through 25 alleging the following causes of action: 1. Legal Malpractice; 2. Breach of Contract; 3. Breach of Fiduciary Duty; 4. Financial Elder Abuse; 5. Fraud; 6. Constructive Fraud; and 7. Restitution Plaintiff's action arises from the ...
2024.01.22 Motion to Deem RFAs Admitted 019
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.22
Excerpt: ... automobile collision case. On November 15, 2022, Plaintiff Patricia Ann Mendez (“Plaintiff”) filed this action against Defendants Dong Hai Le (“Le”), Home Depot U.S.A., Inc. (“Home Depot”), and Does 1 to 50, inclusive, asserting one cause of action for negligence. The Complaint alleges the following. On or about November 24, 2020, Plaintiff was driving a motor vehicle on the I-405 Freeway near Seal Beach, California, when Defendant L...
2024.01.19 Motion to Compel Further Responses, for Monetary Sanctions 914
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.19
Excerpt: ...NG IN THE ABOVE CASE]: [Tentative] Ruling: Plaintiff's Motion to Compel Further Responses from Defendant Mirko Pavlovich to Requests for Production Nos. 5 and 6 (Set One) is GRANTED. Pavlovich is ordered to serve further responses to RFP Nos. 5 and 6 within 20 days. Pavlovich and counsel Sina are ordered to pay sanctions in the amount of $2060 within 20 days. Plaintiff Creditors Adjustment Bureau, Inc. to give notice. BACKGROUND Plaintiff is suin...
2024.01.18 Motion to Deem RFAs Admitted, for Monetary Sanctions 111
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.18
Excerpt: ...D/B/A KYOTO SUSHI AND REQUESTS FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,825.00 [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: [Tentative] Ruling:  Plaintiff's Motion to Deem the Truth of Matters in Requests for Admission Set Two Admitted as to Defendant Chunil Park is DENIED.  Plaintiff's Motion to Deem the Truth of Matters in Requests for Admission Set Two Admitted as to Defendant Soo Sung Nam is GRANTED.  Plaintiff's reques...
2024.01.18 Application for Right to Attach Order and Writ of Attachment 235
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.18
Excerpt: ...d a writ of attachment. Plaintiff, A & E Construction & Painting, Inc., seeks right to attach order and a writ of attachment against Defendant Santos Vasquez in the amount of $88,484.70. Allegations in the Complaint Plaintiff A&E Construction & Painting, Inc. (“Plaintiff”) filed the First Amended Complaint (“FAC”) on December 8, 2023, against Santos Vasquez (“Vasquez”), SMC Pools & General Construction, Inc. (“SMC”), and Does 1-10...
2024.01.17 Demurrer 505
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.17
Excerpt: ... with LEAVE TO AMEND – as to the seventh cause of action. I. BACKGROUND On October 10, 2022, Plaintiffs Rachel Rabizadeh, individually, and as Guardian Ad Litem for Asher Rabizadeh (“Plaintiffs”), filed this action against Defendants GMP Associates, Inc., Gabriel Martin Perez, High-definition Glass Inc., and Adan Negrete, for seven causes of action: (1) negligence, (2) negligent infliction of emotional distress, (3) breach of contract, (4) ...

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