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43615 Results

Location: Los Angeles x
2022.05.23 Motion to Compel Deposition Testimony, for Sanctions 344
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2022.05.23
Excerpt: ...tion of Carl Jasper, Ernesto Enriquez and Matthew Gearey is GRANTED in part as to compelling further responses to Plaintiff's Requests for Production of Documents in connection to Gearey's deposition, and DENIED in part as moot as to the remainder of the motion. Defendants are to provide further responses within twenty (20) days of this Order. The request for sanctions is denied. Plaintiff to give notice. If counsel do not submit on the tentative...
2022.05.23 Motion to Compel Mental Exam 769
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2022.05.23
Excerpt: ...lled upon to assist Dr. Welty in such examination. Dr. Welty is a licensed psychiatrist in the State of California. She is board certified by the American Board of Psychiatry and Neurology in child and adolescent psychiatry, and she is a member of the American Academy of Child and Adolescent Psychiatry Southern California Psychiatric Society. (2) The examination will take place on June 2, 2022, at Dr. Welty's office located at 5855 E. Naples Plaz...
2022.05.23 Motion for Approval of PAGA Settlement 257
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.05.23
Excerpt: ...t seq. The cause of action alleges the following violations: a. Failure to provide meal periods in violation of Labor Code sections 226.7, 512(a), and 1198; b. Failure to provide rest periods in violation of Labor Code section 226.7 and 1198; c. Failure to pay minimum wages in violation of Labor Code sections 1182.12, 1194, 1197, 1197.1, and 1198; d. Failure to pay overtime in violation of Labor Code sections 510 and 1198; e. Failure to provide a...
2022.05.23 Motion for Leave to Amend 687
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.05.23
Excerpt: ...nce, and (4) unfair competition. The lawsuit arises from the following pertinent facts. Plaintiff is a manufacturer of health and fitness oriented food products, such as cookies. Defendant sells a variety of ingredients to food manufacturers, including Plaintiff. The particular ingredient at issue in this case is the antioxidant CytoGuard. CytoGuard is a cultured dextrose powder (“CDP”). Plaintiff alleges that the inclusion of CDP in its cook...
2022.05.23 Motion for Protective Order and to Quash PMQ Deposition Notice 057
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.05.23
Excerpt: ...itzer, within the course and scope of his employment, attended an employee party, where alcohol was being served, and which was hosted by Defendant Gralitzer's employers, Viacom, Inc. and Free 90 Media. While attending the employee party, Defendant Gralitzer drank alcohol and became severely intoxicated. Thereafter, Defendant Gralitzer chose to drive his vehicle home in an intoxicated state, and proceeded to collide with and kill a twenty-four ye...
2022.05.23 Motion for Service by Publication 631
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.05.23
Excerpt: ...rticle and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall o...
2022.05.23 Motion for Trial Setting 565
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2022.05.23
Excerpt: ...r Family Trust, William J. Waldman, Waldman Real Estate Services, Inc., Castle Liquor Store, and William's Paving Corp. Plaintiff's Motion for Trial Setting Preference Pursuant to C.C.P. § 36(a) The court considered the moving and opposition papers filed in connection with this motion. Oppositions were filed by defendants (1) William's Paving Corp., (2) Castle Liquor Store, and (3) Shirley E. Schrier as trustee of the Schrier Family Trust, Willi...
2022.05.23 Motion to Approve PAGA Settlement 180
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.05.23
Excerpt: ... Plaintiff moves to approve the PAGA settlement agreement. The motion is unopposed. Legal Standard A superior court must review and approve any penalties sought as part of a proposed¿settlement¿agreement pursuant to § 2699. (Lab. Code § 2699(l).) A prevailing employee is entitled to an award of reasonable attorney fees and costs incurred in the action. (Lab. Code § 2699(g)(1).) “[C]ivil penalties recovered by aggrieved employees shall be d...
2022.05.23 Application for Writ of Possession 381
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2022.05.23
Excerpt: ...ff Daimler Trust, as serviced by its attorney in fact, Mercedes‐ Benz Financial Services USA, LLC filed a complaint against Gerald Trinidad asserting causes of action for (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. Plaintiff alleges Defendant Gerald Trinidad entered into a written Motor Vehicle Lease Agreement (“Agreement”) for the lease of a 2020 Mercedes‐Benz GLC300w on March 23, 2020. Thereafter,...
2022.05.23 Motion to Continue Trial 795
Location: Los Angeles
Judge: Mori, Audra
Hearing Date: 2022.05.23
Excerpt: ...he current date of June 30, 2022 to December 15, 2022, or a date thereafter because the current trial date is scheduled just a few days after the Defendant's Motion for Summary Judgment. (Motion to Continue Trial, p. 2, Lines 10‐ 12). Defendant requests an opportunity to have the Motion for Summary Judgment heard at least 30 days before trial, and it would also like more time to do discovery and explore alternative dispute resolution. (Id. at L...
2022.05.23 Demurrer to FAC 076
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2022.05.23
Excerpt: ...rney's Fees From Plaintiff's First Amended Complaint Moving Party: Defendants Inglewood Properties II LLC, Warren Family Limited Partnership, Joanne C. Warren, trustee of the Frank R. Warren and Joanne C. Warren Trust, J & J Cohen Properties LLC Resp. Party: Plaintiff Bertha Soto Defendants Inglewood Properties II LLC, Warren Family Limited Partnership, Joanne C. Warren, trustee of the Frank R. Warren and Joanne C. Warren Trust, J & J Cohen Prope...
2022.05.23 Motion to Dismiss for Failure to Prosecute 106
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.05.23
Excerpt: ...al service of the Summons and Complaint was filed on March 13, 2018. Defendant defaulted on March 13, 2018 and the Court set an order to show cause re entry of default judgment/dismissal for December 12, 2019. (Minute Order, 06/25/19.) The order to show cause was continued to June 6, 2020 at Plaintiff's request, and then again to March 9, 2021 on the Court's order. (Minute Order, 12/12/19; Notice of Continuance, 04/02/20.) Following Plaintiff's f...
2022.05.23 Motion to Intervene 893
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2022.05.23
Excerpt: ...to protect its rights in California courts. Nascient's insurer, Intervenor Kinsale Insurance Company, now brings this Motion to Intervene in this action pursuant to Code of Civil Procedure section 387. Because Intervenor Kinsale's provides sufficient grounds for this Court to determine that Kinsale may intervene in this action as a matter of right and through the mechanism of permissive intervention alike pursuant to Code of Civil Procedure secti...
2022.05.23 Motion to Quash Deposition Subpoenas, to Compel Depositions 157
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.05.23
Excerpt: ... Decl., Ex. 1.) All five subpoenas designate the same 53 matters of examination and 21 requests for production. (Ibid.) Procedural Issues Plaintiffs contend the notices to consumer under CCP § 1985.3 are defective. When a party subpoenas a person's attorney, the party “shall serve or caused to be served on the consumer whose records are being sought” a notice and copy of the subpoena. (CCP § 1985.3(b).) The notices to consumer are addressed...
2022.05.23 Motion to Set Aside Default, Judgment 064
Location: Los Angeles
Judge: Chilton, Katherine
Hearing Date: 2022.05.23
Excerpt: ...P §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on April 26, 2022 [ ] Late [ ] None REPLY: Filed on ___________ [ ] Late [X] None ANALYSIS: I. Background On January 3, 2013, Plaintiff American Contractors Indemnity (“Plaintiff”) filed an action against Defendants Laura Fay and Kevin E. McNamera (collectively, “Defendants”). Plaintiff sought reimbursement for its payout on a bond claim and fi...
2022.05.23 Motion to Set Aside or Vacate Default, Judgment 082
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.05.23
Excerpt: .... Fraud. Plaintiff alleges that, in 2019, French was looking for a business partner to expand her gold mining projects due to the fact that her properties had purportedly possessed substantial gold reserves. The two agreed that Plaintiff would be compensated with a finder's fee of 5% of the funds invested if Plaintiff found a suitable business partner for French and her business. Afterwards, Plaintiff contacted Felix and his company, Greencorp, t...
2022.05.23 Motion to Strike 445
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.05.23
Excerpt: ...s and their security company—Metropole Security Services, Inc. (“Metropole”)—as defendants. Now, Metropole moves to strike the prayer for punitive damages, which Plaintiffs oppose. The motion is granted. PLAINTIFFS' ALLEGATIONS On March 25, 2019, Plaintiffs returned home and realized that they were locked out of the apartment complex. (First Amended Complaint, ¶ 20.) Richard Dabbs then remembered that he had left the back patio door to h...
2022.05.23 Motion to Vacate Default 357
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2022.05.23
Excerpt: ... permitted timeframe. The Santos Defendants now bring an opposed Motion to Vacate Default. Because they provide a Declaration from their Counsel indicating that his mistake led to the Defaults, the Court GRANTS the Santos Defendants' Motion to Vacate and AWARDS Plaintiff $1,775.00 in reasonable attorney's fees and costs pursuant to Code of Civil Procedure section 473, subdivision (b). Background On or around October 23, 2014, Defendants Gabriela ...
2022.05.23 Motion to Vacate Dismissal and Reinstate Action 720
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2022.05.23
Excerpt: ...rompting this Court to dismiss the action without prejudice on August 5, 2021. The U.S. District Court for the Central District of California later remanded the action for want of jurisdiction, after which the Parties stipulated to and the Court ordered the dismissal set aside on February 15, 2022, setting a Case Management Conference (“CMC”) for March 25, 2022. On March 25th, both Parties failed to appear, and the Court again dismissed the a...
2022.05.23 Demurrer to FAC 827
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2022.05.23
Excerpt: ... DEFENDANTS' DEMURRER TO THE FIRST, SEVENTH, AND EIGHTH CAUSES OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. DEFENDANTS' DEMURRER TO THE NINTH CAUSE OF ACTION IS OVERRULED. PLAINTIFFS TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 15 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 15 DAYS THEREAFTER. If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to oppos...
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 ...
2022.05.20 Motions to Add Judgment Debtors 721
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.05.20
Excerpt: ...ation Award, on file with the Court, January 29, 2019.) On February 25, 2022, Defendant LSCD moved to add Quoc Ha, an individual (“Ha”), and the QK Ha Family Limited Partnership (“Partnership”) as judgment debtors to the January 19, 2019, judgment. On April 27, 2022, Defendant LSCD filed another motion to add Business Support and Accounting Services, Inc. (“BSAS”) as a judgement debtor to the same judgment. The latter motion is premis...
2022.05.20 Motion to Vacate Default Judgment 345
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2022.05.20
Excerpt: ...side default/default judgment. The Court denied this motion on December 15, 2021. On January 13, 2022, Defendant filed a second motion to set aside the default/default judgment. LEGAL STANDARD Relief under section 473(b) is either discretionary or mandatory. Where a party cannot obtain an attorney affidavit of fault, the party may seek discretionary relief under section 473(b) due to “mistake, inadvertence, surprise, or excusable neglect.” (C...
2022.05.20 Motion to Transfer Action 434
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2022.05.20
Excerpt: ...iff”) alleges that he suffered permanent brain damage and injuries arising from a violent attack by Defendant Gregory Bryant Brewer (“Brewer”) on January 7, 2021. He alleges that Brewer attacked Plaintiff without provocation or warning, using a tomahawk-style axe, crushing Plaintiff's skull. The subject incident occurred at the Anacapa View Beach Homes (“AVBH”), which is a small community of 84 single-family residences located in Ventur...

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