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29549 Results

Location: Los Angeles x
Motion for Summary Judgment, Adjudication 038
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: Motion
Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...
Demurrer, Motion to Strike 674
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: Demurrer,
Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...
2021.05.07 Motion for Summary Adjudication 199
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.07
Excerpt: ... 452(d)(1). The request is GRANTED. Summary Adjudication Plaintiff moves for summary adjudication of seven issues: 1. “The issues which formed the basis for the criminal conviction of Defendant Pipatpol Kokilawatee of California Penal Code § 243.4(a) are barred from relitigation in this action by all parties based upon the Doctrine of Collateral Estoppel, and therefore there are no triable issue that: (1) an intimate part of Plaintiff's body ...
2021.05.07 Motion for Summary Adjudication 373
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2021.05.07
Excerpt: ...Unis LLC (Unis)) (Defendant or Defendants) on October 25, 2018. The operative pleading is the First Amended Complaint (FAC) filed on February 5, 2019. The FAC asserts causes of action for (1) breach of contract, (2) negligence, and (3) fraudulent inducement. The Court granted Plaintiff's oral motion to dismiss the FAC's second and third causes of action without prejudice on April 8, 2019. The FAC alleges in pertinent part as follows. Defendants L...
2021.05.07 Motion for Summary Adjudication 652
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2021.05.07
Excerpt: ...uest for judicial notice as to Exhibit 1 is GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code §452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Plaintiff's request for judicial notice as to Exhibit C is GRANTED, pursuant to Evidence Code § 452(d). II. FIRST CAUSE OF ACTION – DUTY TO DEFEND (UMF 1‐45) To prevail in a declaratory relief action regarding the duty ...
2021.05.07 Motion for Summary Adjudication 838
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.05.07
Excerpt: ...Goodman (the “Goodmans”) RESPONDING PARTY: Defendant and Cross-Complainant Beyond Meat, Inc. (“BMI”) The Court has considered the moving, opposition, and reply papers as to both motions. BACKGROUND DLF filed the operative Third Amended Complaint (“TAC”) which arises from an alleged breach of an Exclusive Supply Agreement (the “ESA”). DLF filed the TAC against Defendants alleging causes of action for: (1) breach of contract; (2) de...
2021.05.07 Motion for Summary Judgment 166
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.05.07
Excerpt: ...king $246,799.78 in damages. On January 27, 2021, Plaintiff filed the instant unopposed motion for summary judgment, or in the alternative, summary adjudication. ANALYSIS: I. Motion for Summary Judgment or Adjudication A. 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 i...
2021.05.07 Motion for Summary Judgment 364
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.05.07
Excerpt: ...7, 2021 1. Background On 4/4/17, Plaintiffs, Armando Japa Cabanlit (“Armando”), Patricia Nathali (“Nathali”), Ethan Cabanlit (“Ethan”), a minor, by and through his guardian ad litem, Patricia Nathali, (collectively, “Plaintiffs”) filed this action against Defendants, Con-Way Freight Inc. (“Con-Way”), XPO Logistics Freight (“XPO”), and Jose Nunez Hernandez (“Hernandez”) for damages arising from a collision between a tra...
2021.05.07 Motion for Summary Judgment 567
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2021.05.07
Excerpt: ...ed with his lower urinary tract. He was prescribed Flomax medication and noticed improvements to his symptoms. Plaintiff alleges that despite the improvement, he was scheduled to undergo invasive surgery. On March 15, 2018, Plaintiff was admitted to Defendant Huntington Memorial Hospital (“Hospital”) for a robotic-assisted radical prostatectomy, positive lymph node dissection, and anterior urethropexy, but he alleges that these procedures, al...
2021.05.07 Motion for Summary Judgment 667
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.05.07
Excerpt: ...Plaintiff”) Estate of Weslee Davis, Decedent, filed this action against Defendants, Singer Vehicle Design, Estate of Ryan Blanks, State of California, City of Los Angeles, and County of Los Angeles for damages arising from a motor vehicle and motorcycle accident. The complaint alleges that on or about 6/20/18 at 1:05 p.m., Weslee Davis (“Decedent”) was operating his motorcycle when Ryan Blanks (“Blanks”) proceeded into an intersection d...
2021.05.07 Motion for Summary Judgment, Adjudication 043
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2021.05.07
Excerpt: ...lleges that she was a passenger of a vehicle driving west on Olive Avenue near Lakeside Drive in Burbank when an approximately 85‐foot‐tall palm tree suddenly fell over and crashed through the top of the vehicle and crushed Plaintiff, causing her to suffer severe injuries. Plaintiff alleges that she has been hospitalized since the incident and remains in critical condition. Plaintiff alleges that Defendant City of Burbank (“City”) maintai...
2021.05.07 Motion for Summary Judgment, Adjudication, for Sanctions 909
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2021.05.07
Excerpt: ...tion for Summary Judgment 3. Declaration of Inga Hofer in Support of Motion for Summary Judgment 4. Appendix of Federal and Sister State Authorities in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 6. Motion for Imposition of Monetary Sanctions; Memorandum of Points and Authorities OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Po...
2021.05.07 Motion to Compel Further Responses 834
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2021.05.07
Excerpt: ...acy and Witbeck. Plaintiff alleges that she was sexually battered by and coerced to have sexual relations with Bravo. On September 20, 2019, Plaintiff filed a Complaint alleging sixteen causes of action arising from Bravo's alleged acts. B. Defendant's Prior Motion re Inspection Demands, Set Two On November 6, 2020, Defendants Skanska USA Civil West California District Inc., and Stacy and Witbeck, Inc. (collectively, “Defendants”) propounded ...
2021.05.07 Motion to Compel Further Responses 485
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2021.05.07
Excerpt: ... requests an award of sanctions in the amount of $3,560.00 against Plaintiff and/or Plaintiff's counsel, Michael J. Libman, the Law Offices of Michael J. Libman, Gary Berkovich and/or the Law Offices of Gary Berkovich. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 20 days. This action arises out of Plaintiff's claim that she suffered injuries in two separate, unrelated incidents. Plai...
2021.05.07 Motion to Compel Production of Docs 726
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2021.05.07
Excerpt: ...rt granted in part and denied the motion. The order stated in part, “Any other communications between Pekarcik and Medrano or O'Connor, which are not related to documents obtained from Plaintiff Jensen's computer, and made to facilitate counsel's representation of Kerr come within the attorney-client privilege. Such documents, if withheld on the attorney-client privilege, must be specifically identified in a privilege log.” Thereafter, Kerr s...
2021.05.07 Motion to Enforce Stipulation and Judgment 854
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2021.05.07
Excerpt: ...ING The motion is GRANTED. Plaintiff may proceed with a lock-out for defendant's failure to make the April 16, 2021 installment. BACKGROUND On November 18, 2020, plaintiff K.P. Isis LLC filed a complaint against Sheila Starks for unlawful detainer regarding the property at 626/630 Isis Avenue, Inglewood, CA. Plaintiff alleges that at the time the notice to pay rent or quit was served the rent due was $96,000. On March 24, 2021, the parties entere...
2021.05.07 Motion to Extend Writ of Attachment 024
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2021.05.07
Excerpt: ...lure to pay off a loan owed to the Bank and Timothy McKenna's and the McKenna Family Trust's purported breach of their agreement to guarantee the indebtedness owed by MGE. On May 24, 2018, PWB obtained a Right to Attach Order and Order for Issuance of Writ of Attachment against Timothy McKenna and the McKenna Family Trust. PWB recorded a Notice of the Attachment Orders, which created a lien in favor of PWB against that certain real property locat...
2021.05.07 Motion to Quash or Limit Business Records Subpoenas 625
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.07
Excerpt: ...ruary 2020. (Complaint, ¶ 34.) Plaintiff filed two separate motions to quash or limit a total of 14 subpoenas for business records defendant The Rehabilitation Centre of Beverly Hills, Inc. served to various healthcare providers, facilities, and pharmacies. The subpoenas seek numerous types of medical records from March 1, 2018 to the present. Physician-Patient Privilege Plaintiff argues that the physician-patient privilege protects the records ...
2021.05.07 Motion to Set Aside Default, for Entry of Default Judgment 614
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.07
Excerpt: ...Judgment is MOOT as to Keisha Hammond and DENIED as to Prism Collective, Inc. FACTUAL BACKGROUND This is an action for fraudulent inducement. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dr. Gary Grimes (“Grimes”) is a physician and anesthesiologist. (FAC ¶ 11.) In September/October 2017, Defendant Vyncent Hammond (“Hammond”) and the other Defendants made a financial business presentation to Grimes regarding thei...
2021.05.07 Motion to Strike SAC 428
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2021.05.07
Excerpt: ... a security guard working at a market that Defendant owned and operated shot Decedent. Defendant moves to strike the punitive damages allegations from Plaintiffs' second amended complaint. Plaintiffs oppose the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b)...
2021.05.07 OSC Re Sanctions 389
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2021.05.07
Excerpt: ...poration (“SP Plus”). SP Plus was defaulted on August 5, 2019, and Samko was dismissed due to settlement on August 28, 2020. Prominent Security is the remaining defendant. Plaintiff and Prominent Security (collectively, the “Parties”) appear to have violated numerous orders of this Court. In their Case Management Statements, the Parties both indicated that they would participate in a mediation. The Court set a post-mediation status confer...
2021.05.07 Petition to Determine if Dog is Potentially Dangerous 811
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2021.05.07
Excerpt: ...ppeal of the Court's December 22, 2020 order is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on December 22, 2020 [X] Late [ ] None REPLY: None filed as of March 17, 2021 [ ] Late [X] None PET. SUPP PAPERS: Filed on April 15, 2021 [ ] Late [ ] None RESP. SUPP PAPERS: Filed on April 28, 2021 [ ] Late [ ...
2021.05.07 Special Motion to Strike 464
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2021.05.07
Excerpt: ...th (forcible entry), and 8 th (forcible detainer) causes of action asserted by Plaintiff Carlis Pegues (“Plaintiff”), pursuant to C.C.P. §425.16. (Notice of Motion, pg. 2.) Evidentiary Objections Plaintiff's 4/14/21 evidentiary objections to the Declaration of Daniel Hernandez (“Hernandez”) are sustained as to Nos. 1 and 2. Plaintiff's evidentiary objections to the Declaration of Chris Evans (“Evans”) are overruled as to Nos. 1 and 3...
2021.05.07 Special Motion to Strike 831
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2021.05.07
Excerpt: ...chik Law Firm, PLLC, and Demidchik Law Firm, P.C. (“Defendants”) were retained by his ex‐wife Shasha Zheng (“Ms. Zheng”) to help her obtain a domestic violence restraining order (“DVRO”) against Plaintiff. (Compl., ¶15.) He alleges that on September 7, 2018, while the DVRO Action was pending, Defendants emailed Plaintiff: (1) a letter demanding more than $5 million from Plaintiff and threatening to file another lawsuit (“Demand L...
2021.05.07 Motion for Summary Adjudication 068
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2021.05.07
Excerpt: ...ds that plaintiff cannot prove damages. Additionally, defendant moves for summary adjudication of the unjust enrichment claim. A defendant moving for summary adjudication meets the initial burden by presenting evidence showing that one or more elements of a cause of action cannot be established or that there is a complete defense to a cause of action. Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 850. Once that initial burden is me...

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