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Location: Los Angeles x
Judge: Harmon, Eric x
2024.01.17 Demurrer 412
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.17
Excerpt: ...�Plaintiff”) filed this action, alleging tortious conduct involving conversion of funds through the deposit of Plaintiff's checks into a bank account not associated with Plaintiff, against Defendants Trywys Logistics, Inc., Orho Systems, Inc. dba Ovation Medical, Bank of America National Association, Rafael Jimenez, and Does 1 through 10. Plaintiff alleges the following causes of action: (1) fraudulent concealment, (2) conversion by embezzlemen...
2024.01.05 Motion to Compel Responses 019
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.05
Excerpt: ...ative] Ruling The Court GRANTS Defendant Home Depot's: (1) motion to compel Plaintiff's responses to Defendant Home Depot's Special Interrogatories, Set One (the “Special Interrogatories Motion”); (2) motion to compel Plaintiff's responses to Defendant Home Depot's Form Interrogatories, Set One (the “Form Interrogatories Motion”) and (3) motion to compel Plaintiff's responses to Set One of Defendant Home Depot's Request for Production of ...
2024.01.05 Motion for Leave to File Complaint 465
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.05
Excerpt: ...for indemnification and apportionment of fault against Four Seasons Gardening & Tree Service (the “Motion”). BACKGROUND This action arises from a slip and fall at an apartment complex that occurred on August 21, 2022. On December 19, 2022, Plaintiff Stanislav Polyvyan (“Plaintiff”) filed a Complaint against Defendants Jones & Jones Management Group, Inc. dba Jones & Jones Communities (“Defendant”) and Does 1 to 20, alleging a cause of...
2024.01.04 Motion to Enforce Settlement 262
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.04
Excerpt: ...D, and judgment is entered for Plaintiff and against Defendant The Better Baking Company for $45,000.00 BACKGROUND On September 1, 2022, Plaintiff Ararat Minasmaaihi (“Plaintiff”) commenced this employment action against multiple defendants, including The Better Baking Company (“Defendant”). The operative complaint is the First Amended Complaint filed on October 11, 2022. Plaintiff alleged the following six causes of action against Defend...
2024.01.04 Motion to Compel Arbitration and Stay Action 863
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.04
Excerpt: ...uary 22, 2024, 2024, at 8:30 AM, Dept. 107, Van Nuys Courthouse West. Defendant American Express National Bank (erroneously sued as American Express Company) is ordered to file and serve a supplemental declaration at least ten (10) court days before the next hearing. Plaintiffs Charles Bronson and Boulevard Motorcar Company are ordered to file and serve any opposition to the supplemental declaration at least five (5) court days before the next he...
2024.01.04 Motion for Attorney Fees 818
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.04
Excerpt: ...and against Defendant for $11,720.81, plus costs according to a detailed memorandum to be produced by Plaintiff. BACKGROUND On April 25, 2023, Plaintiff Benyamin Cabir (“Plaintiff”) commenced this action against multiple defendants, including Mercedes-Benz USA, LLC (“Defendant”), alleging negligent repair and causes of action under the Song-Beverly Act. On June 15, 2023, Defendant extended a repurchase offer to Plaintiff through Plaintiff...
2024.01.02 Motion to Compel Responses 019
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.02
Excerpt: ...GRANTS Defendant Home Depot's: (1) motion to compel Plaintiff's responses to Defendant Home Depot's Special Interrogatories, Set One (the “Special Interrogatories Motion”); and (2) motion to compel Plaintiff's responses to Set One of Defendant Home Depot's Request for Production of Documents (the “RPD Motion”) (collectively, the “Motions”). Plaintiff is ordered to provide verified, complete, and code-compliant responses, without objec...
2024.01.02 Demurrer, Motion to Strike 968
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.02
Excerpt: ...23. Defendant Dobrin was subsequently dismissed from the action, leaving The Testing Company as the sole defendant (“Defendant”). The operative complaint is the First Amended Complaint filed on December 8, 2023 (“FAC”). The Complaint was filed using Form UD-100. Plaintiff alleges unlawful detainer and requests $113,737.00 in past-due rent, as well as reasonable attorney fees. Plaintiff is the owner of a commercial property in Calabasas, w...
2024.01.02 Demurrer to FAC 369
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.02
Excerpt: ...intiff's First Amended Complaint is Sustained with leave to amend as to Causes of Action Two and Four; 2. Demurrer to Plaintiff's First Amended Complaint is Overruled as to the Third Cause of Action BACKGROUND Plaintiff Darryl MacDonald filed this First Amended Complaint on September 1, 2023, arising from a contract dispute for a hard money loan against Defendants Precision Escrow, Inc., Legions Capital, Inc., Isaac Nouri, and Does 1 through 10. ...
2024.01.02 Demurrer 276
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2024.01.02
Excerpt: ...ls Jr. (“Plaintiff”) was employed as a security officer by Reel Security California, Inc (“Defendant”) when various employment disputes arose. (Complaint ¶1.) Plaintiff alleges that he began his employment on January 15, 2022, with Defendant on a part-time basis. (Complaint ¶12.) Plaintiff told Defendant about his availability constraints due to his other employment. (Id.) Defendant did not raise any objections but rather made promises ...
2023.12.22 Motion to Reclassify from Unlimited to Limited Jurisdiction 414
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.22
Excerpt: ...to reclassify to a limited civil action. ANALYSIS I. Background Plaintiff, PMI Carabella LLC, (“Plaintiff”) owns the real property located at 6300 Variel Avenue, Unit 445, Woodland Hills, California 91367 in the County of Los Angeles (“Subject Property”). On or about September 6, 2020, Plaintiff entered into a written lease agreement with Defendants Brian Minor and Sade Minor, (collectively, “Defendants”) where Plaintiff agreed to ren...
2023.12.22 Motion to Expunge Lis Pendens 416
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.22
Excerpt: ...leging a single cause of action for “Voidable Transfer Under Civil Code § 3439.04. (Complaint at p. 5-7.) The Complaint alleges that Defendants “seek to avoid paying anything to the victims” of a “fraudulent scheme” “by transferring real estate out of the trusts that are the subject of an ongoing lawsuit,” which Plaintiff refers to as the “Fraud Case.” (Complaint, ¶ 1). The Complaint further states that Defendants “seek to a...
2023.12.21 Motion for Leave to File Complaint 467
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.21
Excerpt: ...Contract, Foreclosure of Mechanic's Liens, Quantum Meruit, and Unjust Enrichment. Plaintiff alleges that Defendants hired Plaintiff to perform renovation work at a house owned by Defendants, that the price for that work was $164,600.00, and that $64,000.00 remains unpaid. On June 16, 2022, Rafaelov filed an answer. On November 16, 2023, Rafaelov filed this Motion for Leave to File Cross-Complaint. The motion is unopposed. On December 13, 2023, Ra...
2023.12.21 Motion for Judgment on the Pleadings 749
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.21
Excerpt: ...omplaint (“FAC”), alleging one cause of action for Breach of Contract. Plaintiffs allege that they lent Emad $60,000, only $19,000 of which has been repaid, and that Emad refuses to repay the remaining $41,000. On August 28, 2023, Emad filed an answer to the FAC. On November 20, 2023, Emad filed this Motion for Judgment on the Pleadings. On December 5, 2023, Plaintiffs filed an opposition. On December 8, 2023, Emad filed a reply. LEGAL STANDA...
2023.12.20 Motion to Deem RFAs Admitted, for Sanctions 970
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.20
Excerpt: ...ar her handicap parking spot at El Camino Shopping Center when she fell in a recessed paint and hidden parking lot area. As a result of the fall, she suffered a chest aneurysm and other injuries. She would not have sustained those injuries if not for El Camino Shopping Center's negligence in maintaining its parking lots' safety. On November 28, 2023, Plaintiff filed the instant motions, seeking orders (1) deeming her Request for Admissions, Set O...
2023.12.20 Demurrers 570
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.20
Excerpt: ...403 (“the Property”). Defendants are the property owners. Starting in early February 2023, at least one Plaintiff reported to Defendants, about various concerns, namely: (1) the Unit 241 tenant was apparently addicted to drugs, (2) the Unit 241 apartment exuded a continued chemical reek, (3) the Unit 241 tenant cut off internet access to part of the building; and (4) screaming and yelling came from Unit 241 on a regular basis. In response, th...
2023.12.19 Motion to Vacate Default 555
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.19
Excerpt: ...entification No. IC4Pn,1BX4KD464658, is in default. As of May 24, 2023, diere was an unpaid anlount of $30,077.82. 09/05/2023 Yes: filed on 09/05/2023 7/31/2023 9/12/23 No Yes None bein asked Default Entered Doe Dismissal submitted Proof of Service By substituted service (co-occupant Father) at 30 Carob Way, Novato CA 94945 Declaration Of Mailing Request for Entry of Default to Defendant (CCP 587) - Jessica Skelton 30 Carob Way, Novato, CA 94945 ...
2023.12.19 Demurrer, Motion to Strike 369
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.19
Excerpt: ...nce; (3) constructive fraud; (4) breach of oral agreement; (5) breach of implied agreement; and (6) unlawful: unfair or fraudulent business practices under Cal. Bus & Prof. Code 5 17200 et seq. Defendant Precision Escrow Inc. ("Precision Escrow') demurs to Plaintiff s FAC on the grounds that (1) Plaintiff falls to state facts sufficient to constitute a cause of action and (2) the FAC Is uncertain: vague, and ambiguous MEET AND CONFER The demurrer...
2023.12.18 Motion to Strike 477
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.18
Excerpt: .... Negligence; 4. Negligent hiring, supervision, or retention of employee; and 5. Loss of consortium. This action arises out of an alleged altercation between Plaintiffs and Reducindo in the parking lot of Park Reseda. Plaintiffs allege the following: Plaintiffs are husband and wife. Plaintiffs further allege that Reducindo was a security guard for Park Reseda and an employee of GTO. According to Plaintiffs, on the night of the incident, Plaintiff...
2023.12.18 Demurrer 283
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.18
Excerpt: ...ainst Defendant: 1. Breach of Contract; 2. Promissory Fraud; 3. Accounting; 4. Unjust Enrichment; and 5. Elder Abuse. This action arises out of a construction contract entered into between Plaintiff and Defendant on January 2, 2020 pertaining to a remodel of Plaintiff's condominium (the “Residence”) (the “Agreement”). Plaintiff alleged Defendant breached the agreement and seeks to recover compensatory damages, punitive damages, enhanced d...
2023.12.15 Application for Default Judgment 842
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.15
Excerpt: ...os; Imperial Xtreme, Inc. (aka Imperial Xtreme Builders); Imperial Xtreme Builders, Inc.; Elizabeth Banuelos; Gd Construction Group, Inc., A California Corporation; Dillon Reggie; and Does 1-50 (collectively, “Defendants”) for a defective construction job. Plaintiffs allege the following causes of action: (1) Fraud – Intentional Misrepresentation; (2) Fraud – Concealment; (3) Fraud – False Promise / Promissory Fraud; (4) Negligent Misre...
2023.12.14 Demurrer to Unlawful Detainer Complaint 766
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.14
Excerpt: ... $19,250.00 from April 1, 2023, through August 31, 2023. On August 28, 2023, Plaintiff filed a Complaint for Unlawful Detainer (“CUD”). Plaintiff requests past-due rent of $19,250.00, reasonable attorney's fees, forfeiture of the agreement, and the fair rental value of the premises at $128.33 per day in damages. Defendant demurs to Plaintiff's CUD on the grounds that (1) it is not properly, lawfully verified; (2) the three- day notice fails t...
2023.12.13 Demurrer, Motion to Strike 156
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.13
Excerpt: ...s to warranty and developed other serious defects and nonconformities to the warranty relating to the computerized driver-assistance safety systems called “Honda Sensing.” It is further alleged that Defendant had exclusive knowledge of this defect since 2016 and knowingly sold the defective vehicle to Plaintiff. Based on this knowledge, Plaintiff asserts that Defendant had a duty to disclose the defect but failed to do so. Instead, Defendant ...
2023.12.12 Motion to Compel Further Responses 997
Location: Los Angeles
Judge: Harmon, Eric
Hearing Date: 2023.12.12
Excerpt: .... Motion to Compel Further Responses as to Request for Production of Documents, Set One Request Nos. 1 through 37 is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 8, 2023, Plaintiff Maria Camila Hernandez (“Plaintiff”) filed a complaint against Defendants Volkswagen Group of America, Inc. (“Volkswagen Group of America, Inc.”), Volkswagen Santa Monica, LLC, D/B/A Volkswagen Santa Monica (“Volkswagen Santa Monica”) and ...

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