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20811 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 ...
2020.07.02 Demurrer, Motion to Strike 127
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2020.07.02
Excerpt: ... strike is GRANTED IN PART AND DENIED IN PART, with 30 days leave to amend, as set forth below. DISCUSSION: Demurrer Meet and Confer The Declaration of Stefanie G. Jo reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. Fourth Cause of Action (Fraudulent Inducement – Concealment). A. Re: No Fiduciary Relationship/Duty To Disclose. Defendant argues that a fiduciary relationship does not exist between Plainti...
2020.07.02 Demurrer, Motion to Strike 249
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2020.07.02
Excerpt: ..., Plaintiff Elvis Quintanilla (“Plaintiff”) filed a complaint against Defendants Hernandez Enterprise Roofing, Inc. (“HER”), Victor Hernandez (“Hernandez”), Antonio Vasquez (“Vasquez”) (collectively the “Hernandez Defendants”), Mattes Auto Sales, Inc. (“MAS”), Mattes 1997 Family Trust UTD 9/27/91 (the “Trust”), Mike Mattes (“M. Mattes”), Gabriela Mattes (“G. Mattes”) (collectively the “Mattes Defendants”), ...
2020.07.02 Demurrer, Motion to Strike 354
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.07.02
Excerpt: ...san North America, Inc.'s Motion to Strike to the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Reynalda Valdez Obeso and Erica Obeso (the “Obesos”) purchased a new 2015 Nissan Sentra with express warranties on May 12, 2015. (Compl. ¶¶ 7-8.) The vehicle was delivered with, and developed, serious defects and nonconformities including transmission malfunctions which Defendant Ni...
2020.07.02 Demurrer, Motion to Strike 574
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.07.02
Excerpt: ...nt filed a demurrer to Plaintiff's complaint pursuant to California Code of Civil Procedure section 430.10 and a motion to strike portions of Plaintiff's complaint pursuant to California Code of Civil Procedure section 435. On April 15, 2020, the Court continued the hearing on the demurrer to July 2, 2020. Trial is set for March 12, 2021. PARTY'S REQUESTS Defendant asks the Court to sustain its demurrer because the complaint is uncertain as to wh...
2020.07.02 Demurrer, Motion to Strike 831
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.07.02
Excerpt: ...A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” ...
2020.07.02 Demurrer, Motion to Strike 872
Location: Los Angeles
Judge: Bacigalupo, Paul A
Hearing Date: 2020.07.02
Excerpt: ...rises (“AAA”), United Towing & Transport (“United”), and Progressive Insurance. Plaintiff is a contractor who uses his commercial vehicle to provide disaster restoration services in Los Angeles County. Plaintiff has been a member of AAA for over two years. Plaintiff also used Progressive Insurance as his insurance provider. According to Plaintiff, his vehicle would not start due to a low battery. Plaintiff called AAA for roadside services...
2020.07.02 Demurrer, Motion to Strike 927
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.07.02
Excerpt: ...r sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” that the defe...
2020.07.02 Motion for Judgment on the Pleadings 278
Location: Los Angeles
Judge: Karlan, Craig D
Hearing Date: 2020.07.02
Excerpt: ...as authorized by the court's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Flinkman Family Non-Exempt QTIP Trust to give notice. REASONING Meet and Confer At the outset, the Court notes that Defendant Flinkman Family Non-Exempt QTIP Trust (“Defendant”) failed to file a declaration describing the mee...
2020.07.02 Motion for Summary Judgment 085
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.02
Excerpt: ...NGELES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: BC647085 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Dept. 27 1:30 p.m. July 2, 2020 I.INTRODUCTION On January 18, 2017, plaintiff Hesmig Sinanian Lopez filed this action against the City of Los Angeles arising from a April 25, 2016 trip and fall on raised concrete in front of 9213 Pico Boulevard, Los Angeles California. On April 11, 2019, Plaintiff named Wender Fam...
2020.07.02 Motion for Summary Judgment, to Quash 420
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2020.07.02
Excerpt: ... designed, manufactured, and sold by defendant Gloucester Engineering Company (“GEC”). The incident occurred when Rojas allegedly was instructed to insert his arm into the machine to clear a jam. In 2015, prior to the incident, defendant Davis‐Standard, LLC, purchased the assets of GEC. The Complaint alleges the following causes of action: 1. Negligence; 2. Products Liability; 3. Breach of Warranty; and 4. Negligent Hiring, Retentions, Trai...
2020.07.02 Motion to Compel Compliance with Deposition Subpoena 551
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2020.07.02
Excerpt: ...to Compel Compliance with Deposition Subpoena The City moves to compel Whittier Elementary School to comply with a deposition subpoena for production of business records that the City propounded on 1/21/20. The motion is denied for two reasons. First, the subpoena, attached to the moving papers as Exhibit B, includes a mostly blank proof of service. The proof of service does not indicate who was served, where, what date, what time, etc. The proof...
2020.07.02 Motion to Certify Class 315
Location: Los Angeles
Judge: Fournier, Lori Ann
Hearing Date: 2020.07.02
Excerpt: ...equires both an ascertainable class and a well- defined community of interest among class members.” (Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554, 575.) “The ‘community of interest' requirement embodies three factors: (1) predominant questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the class.'” (Id.) Plaintiff GUTIERR...
2020.07.02 Motion to Compel Further Responses 611
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.07.02
Excerpt: ...apers. RULING The motion is GRANTED in part. Defendant General Motors is ordered to respond further to plaintiff's Request for Production of Documents, Set One, Nos. 7, 16-21, 35-39, 42, 50, 59-64, and 66, within 30 days. The time period as to Nos. 35, 36, 38, 39, and 50 is limited to January 2017 to the present. The motion is DENIED as to Nos. 7 and 42. BACKGROUND On July 17, 2019, plaintiff Jose Piceno filed a complaint against General Motors, ...
2020.07.02 Motion to Compel Further Responses, Request for Monetary Sanctions 330
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2020.07.02
Excerpt: ...uests an award of monetary sanctions against Defendant and his counsel B|B Law Group LLP (“BBLG”), jointly and severally, in the amount of $6,435. (Notice of Motion, pgs. 1-2.) By way of background, on April 17, 2019, Plaintiff filed its complaint against Defendant alleging causes of action for misappropriation of trade secrets, unfair competition, breach of contract, breach of fiduciary duty, intentional interference with contractual relatio...
2020.07.02 Motion to Continue Trial 740
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2020.07.02
Excerpt: ...(10-day jury) trial date to 9/28/20, or the soonest available date thereafter, and resetting all related pretrial deadlines according to the new trial date. RULING: The motion is granted. This action arises out of Plaintiffs' claims that they are the victims of fraudulent loans and corresponding property tax assessments for energy upgrades which have been recorded against their homes. Plaintiffs claim that they believed that they were hiring a co...
2020.07.02 Motion to Declare Vexatious Litigant, for Sanctions 946
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2020.07.02
Excerpt: ...d Misty Thomson's Request for Sanctions Under Code of Civil Procedure § 128.5; Defendants Alex Yerkes and Misty Thomson's Request for Sanctions Under Cal. Rules of Court, Rule 2.30 is DENIED. ANALYSIS: On January 30, 2015, Plaintiff Haroun Bacchus (“Plaintiff”) filed this action against Defendants Misty Thomson and Alexander Yerkes (collectively, “Defendants”). The operative Second Amended Complaint (“FAC”) was filed on November 13, ...
2020.07.02 Motion to Enforce Settlement Agreement 850
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.02
Excerpt: ...ocumented the settlement in a fully executed Short Form Agreement. The short form agreement called for the entry of a stipulated judgment against Oren in the amount of $11,000,000.00 following the execution of a further, Long Form Agreement. Silverlake argues the Oren has refused to finalize the Long Form Agreement. Silverlake argues that the Short Form Agreement expressly provides that it may be enforced pursuant to California Code of Civil Proc...
2020.07.02 Motion to Seal Settlement Amount 438
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2020.07.02
Excerpt: ... Amount Calendar: 17 Case No.: BC615438 Hearing Date: July 2, 2020 Action Filed: March 30, 2016 Trial Date: June 26, 2020 MP: Toyota Motor Sales, U.S.A., Inc.; Toyota Motor Corporation; Toyota Motor North America, Inc.; Toyota Motor Engineering & Manufacturing North America, Inc.; Hamer Toyota and Scion RP: N/A ALLEGATIONS: T.S., A.E., and E.R., all minors by and through their respect guardians ad litem ("Plaintiffs") filed suit against Toyota Mo...
2020.07.02 Petition for Writ of Mandate 623
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2020.07.02
Excerpt: ...RT. The court has read and considered the moving papers and oppositions [1] (no reply was filed), and renders the following tentative decision. A. Statement of the Case Petitioner NRT commenced this proceeding on June 25, 2019, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. On January 5, 2017, inspector George Lopez (“Lopez”) of the Department of Industrial Relations, Divisi...
2020.07.02 Petition for Writ of Mandate 860
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2020.07.02
Excerpt: ...d reinstating his position as an Animal Control Officer (“ACO”) with the Department. The court has read and considered the moving papers, opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Department commenced this proceeding on July 9, 2019, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Plaza was discharged because a dog in ...
2020.07.02 Special Motion to Strike 786
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2020.07.02
Excerpt: ... fees is denied. Plaintiff did not establish Defendants' special motion to strike was “frivolous” or “solely intended to cause unnecessary delay.” C.C.P. §425.16(c)(1). Defendants' requests for attorneys' fees are denied. Two special motions to strike are presently before the Court. The motions are separately brought by Defendants 7476, Inc. dba AmbassadHer (“7476”) and Jim Mulhern (“Mulhern”) (collectively, “Defendants”). De...
2020.07.02 Special Motion to Strike 967
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.02
Excerpt: ... (3) violation of Santa Monica Municipal Code § 1890; and (4) breach of contract. Cohen alleges that Cross-Defendant owns the premises located at 746 Marine Street, in the City of Santa Monica. (X-C ¶ 3.) Cohen further alleges that “Cross-Complainant has been subjected to Cross-Defendants' use, or threats to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the Cross-Complainant's quiet enj...
2020.07.02 Demurrer, Motion for Protective Order 883
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.07.02
Excerpt: ...nt rental application. On April 15, 2020, Defendant filed an answer. Plaintiff filed a demurrer to Defendant's answer on May 29, 2020. Plaintiff demurs to Defendant's fifth through twenty-third affirmative defenses, contending that they fail to state facts sufficient to constitute a defense or are uncertain. Defendant filed a late opposition. A plaintiff may demur to a defendant's answer within 10 days of being served with the answer. (Code Civ. ...

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