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35794 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...
2021.26 Motion to Compel Deposition, for Protective Order 218
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2021.26
Excerpt: ...aintiff Dirk Adams (“Plaintiff”) and Defendant Kira Fiumi Gissell ("Kira").[1] Motion to Compel Deposition MOVING PARTY: Plaintiff RESPONDING PARTY: Kira Motion for Protective Order MOVING PARTY: Kira RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition,[2] and reply papers. Kira did not file a reply for her motion for a protective order. BACKGROUND This is a tortious interference and conversion action. On August 3, 202...
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 ...
2021.10.20 Motions to Compel Further Discovery Responses 284
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2021.10.20
Excerpt: ... action for negligence and premises liability. Plaintiff claims that on January 3, 2019, she tripped and fell while attempting to access a shopping cart corral because the toe of her boot was caught on a metal bar at the bottom of the corral. At issue are Defendant's responses to Plaintiff's Form Interrogatories (Set Two) (“Form Interrogatories” or “FROG”), Pre-Trial Special Interrogatories (Set One) (“Special Interrogatories” or “S...
2021.10.20 Motion to Strike 143
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2021.10.20
Excerpt: ...roper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defendants move to strike Paragraph 45 as irrelevant because Plaintiff cannot seek damages based on violations of the Insurance Code, California Code of Regulations, or Penal Code. (Motion at pp. 2-4.) Plaintiff alle...
2021.10.20 Motion to Strike 687
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2021.10.20
Excerpt: ...e of the safety hazard he created by driving while intoxicated. Plaintiffs allege Defendant Gustavo Perez's is guilty of malice as define in Civil Code section 3294. On September 9, 2021, Defendant moved to strike portions of the complaint. On September 30, 2021, Plaintiff opposed Defendant's motion. Legal Standard Motion to Strike Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whol...
2021.10.20 Motion to Strike 844
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2021.10.20
Excerpt: ...1 Happy Valley Dr., Santa Clarita on an unspecified date. The property is adjacent to Defendant, Valley Oaks Village Center, a 55+ apartment complex located at 24700 Valley St., Newhall. A number of non-indigenous trees (“invasive species” requiring “eradication”) were planted on Defendant's side, which now hang over into Plaintiffs' property and drop leaves, flowers and broken branches onto the property. Plaintiffs contend the “debris...
2021.10.20 Motion to Strike Complaint 929
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.20
Excerpt: ...ach of Fiduciary Duty, (2) Breach of Trust, (3) Negligence, -Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Accounting, and Quiet Title. II. ANALYSIS A. Plaintiff's Request for Judicial Notice Plaintiff requests that the Court take judicial notice of Exh. A, which purports to be a marriage certificate. However, Exh. A is not authenticated. Rhe Request for Judicial Notice states that Exh. A is a “true and corr...
2021.10.20 Motion to Strike Punitive Damages 029
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2021.10.20
Excerpt: ... Defendants move to strike Plaintiff's claim and prayer for punitive damages in the complaint. Plaintiff opposes 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).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper mat...
2021.10.20 Motion to Strike Punitive Damages 926
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2021.10.20
Excerpt: ... prayer for punitive damages in the first amended complaint (“FAC”). Plaintiff opposes 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).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pl...
2021.10.20 Motion to Vacate Default Judgment 447
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2021.10.20
Excerpt: ...CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract and common counts. RELIEF REQUESTED: Vacate default against Defendant due attorney inadvertence in failing to timely file an Answer. Defense counsel started the filing process but inadvertently failed to complete it and was surprised to receive notice of the entry of default. OPPOSITION: If the ...
2021.10.20 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 455
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2021.10.20
Excerpt: ...NTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT SERGIO RIVELINO QUINTANILLA IN THE AMOUNT OF $6,016.72 PRINCIPAL AND $60.00 COSTS. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against De...
2021.10.20 Motions for Sanctions 932
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2021.10.20
Excerpt: ...s of action: (1) failure to pay overtime compensation under the Labor Code; (2) denial of and failure to provide meal and rest periods under the Labor Code; (3) failure to furnish accurate itemized wage statements under the Labor Code; (4) failure to indemnify for all necessary expenses under the Labor Code; (5) waiting time penalties under the Labor Code; and (6) violations of Business and Professions Code section 17200. Defendants served variou...
2021.10.20 Motions to Compel Mental Exams 031
Location: Los Angeles
Judge: Crowfoot, William A.
Hearing Date: 2021.10.20
Excerpt: ... Defendants Ojani G. Martinez and Gerardo Martinez arising from an April 11, 2018, motor vehicle collision. Defendants filed two motions seeking orders compelling Plaintiff's attendance at two separate medical examinations by neuropsychologist, Dr. Tony L. Strickland, and psychiatrist Dr. James R. High. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff wh...
2021.10.20 Motions to Compel Further Responses 907
Location: Los Angeles
Judge: Alarcon, Gregory
Hearing Date: 2021.10.20
Excerpt: ...ity to identify contractors. Sanctions are denied. Defendant Vana Davtian's motion to compel further responses to Special Interrogatories, Set 2, is granted in part, as discussed below. Sanctions are denied. Defendant Rubik Davtian's motion to compel further responses to Special Interrogatories, Set 5, is granted in part and denied in part, as discussed below. The parties are to brief the court on Plaintiff's ability to identify contractors. Sanc...
2021.10.20 Motions to Compel Responses 174
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2021.10.20
Excerpt: ...leging 1 cause of action arising from a motor vehicle collision that occurred on August 16, 2016. On August 14, 2019, American Medical Response filed a Complaint in 19STLC07555 against Defendants Joe Luis Montes; Benny Smith; Lavoyce Livingston; GM Motorsports, LLC; and DOES 1 – 10, seeking subrogation for the same automobile collision. On October 24, 2019, the Court related the cases, finding they arose from the same occurrence and involved ov...
2021.10.20 OSC Re Contempt 175
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.10.20
Excerpt: ...P: Plaintiff RP: Summary On 02/07/19, Plaintiff Tatsu Ramen, LLC filed the instant action against Defendants Juan Carlos Rivas, Ryutaro Isobe, B&B International, LLC, Wakou USA, Inc., and Mutual Trading Company, Inc. Plaintiff alleges that defendants conspired to grossly overcharge plaintiff for sauces it purchased from defendants. Plaintiff operates restaurants that serve ramen noodles and related food products. Plaintiff alleges that Defendant ...
2021.10.20 Petition to Compel Arbitration, for Stay 608
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2021.10.20
Excerpt: ...ada Kindred Healthcare Operating, Inc. (“Defendants”) and Does 1-75 for the following causes of action: (1) elder abuse and neglect; (2) willful misconduct; (3) wrongful death; and (4) violation of patient's rights. On April 22, 2021, Plaintiffs voluntarily dismissed their fourth cause of action. On September 21, 2021, Defendants filed the instant petition to compel arbitration and motion for stay. On October 1, 2021, Plaintiffs filed their o...
2021.10.20 Petition to Confirm Arbitration Award 183
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2021.10.20
Excerpt: ...he award, to correct and confirm it, to vacate it, or to dismiss the petition. (Cooper v. Lavely & Singer Professional Corp. (2014) 230 Cal.App.4th 1, 10.) Arbitration awards are subject to very limited judicial review, and the merits of the controversy are not reviewable on a petition to confirm, vacate, or correct. (Cinel v. Christopher (2012) 203 Cal.App.4th 759, fn 5.) Thus, an arbitration award may only be vacated if (1) the award was procur...
2021.10.20 Petition to Confirm Contractual Arbitration Award 224
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2021.10.20
Excerpt: ... Award” (“Petition”) as against Respondent(s ) Abraham Anthony Prattella (“Prattella”) and Built on Solid Rock Inc. dba Built on Solid Rock Construction (“Rock”). Discussion Petitioner seeks to confirm a February 26, 2021 contractual arbitration award. Service of the Petition and Notice of Hearing The petition, written notice of the time and place of the hearing on the petition, and any other papers upon which the petition is based ...
2021.10.20 Petition to Vacate Arbitration Award 573
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2021.10.20
Excerpt: ...., who found plaintiff breached the agreement's confidentiality provision. Judge Chernow awarded fees and costs and ordered plaintiff to “decline to make any public statements making such disclosures to confirming the amounts (sic) set for (sic) in the settlement agreement[,]” and “preclude[ing her] from making any publication of her story.” Petition pg. 6. Plaintiff petitions to vacate or modify the award, arguing it violates Cal. Code o...
2021.10.20 Request for Entry of Default Judgment 143
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.20
Excerpt: ...er 20, 2021 Dept: 34 SUBJECT: (1) Demurrer without Motion to Strike Moving Party: Defendants Best Energy Solutions and Technology Corp., dba “Best Corp.”, a California corporation; George Sturges, an individual Resp. Party: Plaintiff California Fueling, LLC SUBJECT: (2) Motion to Seal Portions of Defendant's Demurrer to Plaintiff's Complaint Moving Party: Defendants Best Energy Solutions and Technology Corp., dba “Best Corp.”, a Californi...
2021.10.20 Motion to Sever Trial 385
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2021.10.20
Excerpt: ...riefs regarding the issue of Plaintiff's request for jury trial. Having considered the parties' briefs and oral arguments, the Court rules as follows. Standard for Determining a Right to Jury Trial In California State Court “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution.” (Shaw v. Superior Court (2017) 2 Cal.5th 983, 984.) “California's constitutional ju...
2021.10.5 Motion to Strike 191
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2021.10.5
Excerpt: ...tter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. [or] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the c...
2021.5.25 Motion to Intervene or Substitute Defendants, to Set Aside Settlement and Judgment, Remove Referee 524
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2021.5.25
Excerpt: ...E MOTION TO INTERVENE OR SUBSTITUTE IN AS DEFENDANTS UNDER CCP § 368.5 IS DENIED. THE MOTIONS TO SET ASIDE SETTLEMENT AND JUDGMENT ARE DENIED. THE MOTION TO REMOVE THE REFEREE IS DENIED. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. Third-Parties Jonathan Deckel, Adam Deckel, and Alyssa Deckel move to (1) intervene or substitute in as defendants; (2) cancel, rescind, and void the March 2020 settlement agreemen...

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