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17964 Results

Location: Los Angeles x
2019.4.9 Demurrer 623
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.4.9
Excerpt: ...). RESPONDING PARTY: Plaintiff Better 4 You Breakfast, Inc. (“Plaintiff”). The Court has considered the moving, opposing and reply papers. BACKGROUND On September 20, 2018, Plaintiff filed a complaint against Defendants and Does 1 to 20 alleging causes for (1) breach of oral contract, (2) breach of fiduciary duty, (3) accounting, (4) fraud, (5) negligent misrepresentation and (6) Unfair Competition in Violation of Business and Professions Co...
2019.4.9 Motion to Compel Further Responses 440
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.4.9
Excerpt: ... Ria Canlas (“Plaintiff”) filed the instant motion to compel further responses to requests for production (“RPDs”) and special interrogatories (“SROGs”) from defendant General Motors LLC (“Defendant”). On March 26, 2019, Defendant filed opposition papers. On April 2, 2019, Plaintiff filed reply papers. 1 While discovery responses were served on May 17, 2018, thereby making Plaintiff's deadline to file the instant motion July 6, 20...
2018.1.3 Motion to Reclassify 110
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ... August 16, 2016, and that in response, on October 26, 2016, Plaintiff wrote to Defendants, informed them that the attempted withdrawal of the personal guaranty constituted a breach of the lease, and demanded that they vacate the premises. Plaintiff was thereafter forced to expend significant attorney's fees in order to finally effectuate, in March 2017, Defendants' removal from the property. Plaintiff brought suit on April 20, 2017, for breach o...
2018.1.3 Motion to Enforce Settlement 145
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ...proceeding may be adopted which may appear most conformable to the spirit of this code.” Pursuant to CCP § 664.6: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction ...
2018.1.3 Motion for Terminating Sanctions 650
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ...intiff to Defendant. Defendant thereafter filed a cross-complaint against Plaintiff and an insurance broker, Bliss & Glennon, Inc., for negligence in failing to provide notice of the policy to the Federal Motor Carrier Safety Administration, thereby resulting in Defendant's license to operate a fleet of commercial vehicles being revoked. Plaintiff now moves for issue, evidentiary, or terminating sanctions against Defendant, as well as an addition...
2018.1.3 Motion for Summary Judgment 265
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ...r 13, 2016, Plaintiff filed a First Amended Complaint, asserting causes of action for (1) violation of rent control regulations, (2) unlawful business practices, and (3) unjust enrichment. On August 2, 2017, Defendants filed a Motion for Summary Judgment, contending that this action is barred by claim preclusion. As of December 27, 2017, no opposition or reply has been filed. Procedural Background Plaintiff admits in the FAC that this action was ...
2018.1.3 Motion for Reclassification 736
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ...amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limite...
2018.1.3 Motion for Judgment 915
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ...abbooi remains the only plaintiff in this action. Defendants filed the instant motion for judgment on the pleadings on November 28, 2017. Legal Standard: The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law....
2018.1.3 Motion to Reclassify 844
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.3
Excerpt: ...d cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) If there is a possibility that the damages will exceed $25,000.00, th...
2018.1.2 Motion to Deem Admissions as Admitted
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...cle collision and injured one of its insured. On March 2, 2017, Defendant filed an Answer. On August 30, 2017, Plaintiff served a Request for Admissions, Set One on Defendant. (Trabish Decl. ¶ 2, Exh. 1, Proof of Service.) Plaintiff has not received a discovery response to the Request for Admissions from Defendant. (Id. ¶ 3.) On October 25, 2017, Plaintiff filed a Motion for Order Deeming Plaintiff's Request for Admissions as Admitted (the “M...
2018.1.2 Motion to Disqualify Attorney and Request Sanctions Against Attorney
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...of-contract action against Defendants Vees Café, LLC (“VCL”) and Hector Aquino (“Aquino”). On November 23, 2015, VCL and Aquino (“Defendants/ Cross-Complainants”) filed a Cross-Complaint against Luis, Lopez, and Gomez (collectively, “Plaintiffs/Cross-Defendants”) On December 12, 2017, Defendants/Cross-Complainants filed a Motion to Disqualify Attorney Marc I. Zussman and his Law Offices and Request for Sanctions Against Attorney ...
2018.1.2 Motion to Strike
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...ed jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but that are not grounds for a demurrer. (Pierson v Sharp Memorial Hospital (1989) 216 Cal.App.3d 340, 342; see also City & County of San Franc...
2018.1.2 Motion to Consolidate
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...respondingly extended based upon new trial date. Background On October 2, 2014, Insured Martin Villegas and Defendant Michael Douglas (“Defendant”) were involved in an automobile accident where Martin Villegas was in the course and scope of his employment as a landscaper for Centeno S. Landscaping, Co. On September 8, 2016, Plaintiff Insurance Company of the West (“Plaintiff”) filed a Complaint for subrogation recovery against Defendant. ...
2018.1.2 Motion to Vacate Default, Judgment 279
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...has not resulted in actual notice to a party in time to defend the action.” Relief must be sought “within a reasonable time, but in no event exceeding” two years after entry of the default judgment or 180 days after service of written notice that the default or default judgment has been entered, whichever is earlier. Defendant's motion is not timely under this statute. CCP § 473(d) provides that “[t]he court may . . . on motion of either...
2018.1.2 Motion to Vacate Dismissal
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...Valerie Avelar, aka Valerie Jauregui, and Does 1-10, inclusive,” but the case number reflects the case number for the instant case. Plaintiff now moves to set aside the dismissal pursuant to CCP § 473(b),(d), based on the mistake of counsel in writing the incorrect case number on the form. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn a...
2018.1.2 Motions to Compel Further Responses, Request for Production
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...n attesting to those efforts. (CCP § 2030.300(b).) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) A discovery motion should not be denied automatically based upon the reason that the moving parties failed to meet and confer in good faith. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424...
2018.1.2 Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Requests for Production
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...responses to the discovery be made. (Mot. Ex. B, C). Defendant indicates that no responses have been received. Based on the foregoing, Defendant is entitled to an order compelling Plaintiff to respond to the form and special interrogatories and requests for production propounded by Defendant. <001c001300030044005100 00130013000300440051>d have been properly noticed. Defendant requests sanctions in the amount of $960.00 per motion, or $2,880.00 in...
2018.1.2 Special Motion to Strike
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...owed only on the ground that the damages or relief sought are not supported by the allegations in the complaint. CCP § 92(d). An anti-SLAPP motion pursuant to CCP § 425.16 is defined as a special motion to strike and seeks to strike the entire cause of action. For that reason, it exceeds what § 92(d) permits and thus is barred in limited civil cases. The text of § 92(d) alone thus requires the Court to deny the instant motion. Further, this r...
2018.1.2 Motion to Compel Responses
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...ny objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Background This is a personal injury action arising from a car and bicycle collision. On August 12, 2016, Plaintiff Daniel Brito ("Plaintiff") filed a complaint against Defendants Israel T. Osorio (“Osorio”) and Daisy L. Rivera (“Rivera”) (collectively “Defendants”),...
2018.1.2 Motion for Leave to File
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...ave to File Cross-Complaint against the driver of Plaintiff's vehicle, Vagan Gukasyan (“Gukasyan”), who is a nonparty to this action. The proposed cross-complaint asserts causes of action for (1) indemnity, (2) apportionment, and (3) declaratory relief. As of December 26, 2017, no opposition has been filed. Legal Standard The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment...
2018.1.2 Motion for Award of Attorney's Fees
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...amount of $4,000 in damages and no attorney's fees. Plaintiff appealed the attorney's fees portion of the default judgment, and the Court of Appeals reversed, holding that the award of no attorney's fees was an abuse of discretion and remanded this action for this Court to determine a reasonable amount of attorney's fees. <0003004900520055000300 00030024005700570052[rney's Fees (the “Motion”). As of December 26, 2017, no opposition or reply h...
2018.1.2 Hearing Re Remittitur and Recalculation of Conditional Judgment
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ......
2018.1.2 Demurrers
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ... December 21, 2017, no opposition has been filed. Overview of Relevant Law A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, how...
2018.1.2 Demurrer
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...of Service.) On November 30, 2017, Lark filed a Demurrer to the Complaint, arguing that Plaintiff fails to allege sufficient facts to constitute a cause of action against him. As of December 26, 2017, no opposition has been filed. Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint allege...
2018.1.2 Motion to Tax Costs in their Entirety
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.1.2
Excerpt: ...dman caused the Sheriff to levy $10,143.00 from a bank account at Wells Fargo Bank that was jointly owned by Third-Party Claimant Dona Powell (“Powell”) and her son, Defendant Solomon. On April 7, 2017, Powell filed a third-party claim of exemption in which Powell declared that all of the funds in the account belonged to her; and that Solomon was added to the account only as a “joint tenant” in the event of her death, but that the funds d...

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