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50604 Results

Location: Los Angeles x
2022.12.05 Demurrer to SAC 066
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2022.12.05
Excerpt: ... The Court overrules the demurrer as to the eleventh cause of action, and sustains the demurrer to the remaining causes of action. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d ...
2022.12.05 Application to Enforce Settlement Agreement 520
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ... LLC on causes of action for breach of written contract, accounting, and common count. On September 29, 2021, pursuant to Plaintiff's oral request, the Court dismissed with prejudice this matter due to the Parties' settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 25, 2022, Plaintiff filed its Ex Parte Application...
2022.12.05 Motion for Protective Order Re Punitive Damages 848
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2022.12.05
Excerpt: ... This is a malicious prosecution case. Plaintiffs Siamak Michael Rahimi and Rahimi & Co. (the “Rahimi parties”) were accountants of Defendants Behrouz Farzad, Nasrin Farzad, Ali Farzad, Farbod Farzad, Elite Pros, Inc. and Lyons Capital Investments LLC (the “Farzad parties”). The Farbod parties sued the Rahimi parties for voluntarily producing their tax-related documents in a separate action during a deposition and without a subpoena. Thei...
2022.12.05 Motion for Leave to File SAC 504
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...led to establish any right to additional piece rate compensation (see 8:8‐9); 3. was not entitled to monetize unused sick time (see 9:6‐7); 4. was not owed additional unused vacation time (and was in fact overpaid, see 10:1‐3); 5. was entitled to $80 in work expenses, plus $10.10 in accrued interest (see 10:8‐16). Pursuant to Labor Code §98.2(a), within 10 days after service of notice of a Labor Commission award, either the employee or t...
2022.12.05 Motion for Judgment on the Pleadings 786
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...entative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be s...
2022.12.05 Motion for Judgment on the Pleadings 292
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2022.12.05
Excerpt: ...nities based on her race, disability, and age. Defendant now brings this motion for judgment on the pleadings. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Judgment on the Pleadings is GRANTED. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Here, it appears any attempt to avoid the statute of limitations issue would ...
2022.12.05 Motion for Judgment on the Pleadings 292
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...nities based on her race, disability, and age. Defendant now brings this motion for judgment on the pleadings. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Judgment on the Pleadings is GRANTED. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Here, it appears any attempt to avoid the statute of limitations issue would ...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Motion for Attorney Fees 605
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...tion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Tru...
2022.12.05 Motion for Attorney Fees 605
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2022.12.05
Excerpt: ...tion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Tru...
2022.12.05 Demurrer, Motion to Strike 879
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2022.12.05
Excerpt: ...awsuits [see Defendants' Demurrer, p. 1:4 and fn. 1] is irrelevant to the Court's ruling on this demurrer. Further, arguing that a “nonequity partner” is as nonsensical as a “non-flying airplane” [see Opposition to Demurrer, p. 2:7-8] does not help Plaintiff's argument; such a statement flies in the face of common practice at many large law firms. BACKGROUND: On January 14, 2022, Plaintiff Janet Sikiyan filed her Complaint against Defenda...
2022.12.05 Demurrer, Motion to Strike 879
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...awsuits [see Defendants' Demurrer, p. 1:4 and fn. 1] is irrelevant to the Court's ruling on this demurrer. Further, arguing that a “nonequity partner” is as nonsensical as a “non-flying airplane” [see Opposition to Demurrer, p. 2:7-8] does not help Plaintiff's argument; such a statement flies in the face of common practice at many large law firms. BACKGROUND: On January 14, 2022, Plaintiff Janet Sikiyan filed her Complaint against Defenda...
2022.12.05 Demurrer to SAC 953
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.05
Excerpt: ...to amend as to the fifth cause of action. BACKGROUND This is an employment discrimination action. Beginning in March 2015, Plaintiff Patricia Kears worked as a senior human resource analyst for Defendant Tri-City Mental Health Authority (Tri-City). In January 2018, Tri-City hired Defendant Warkitha Torregano (Torregano) as a human resources manager, with supervisory responsibilities over Plaintiff. On March 15, 2018, Plaintiff alleges Torregano i...
2022.12.05 Demurrer to SAC 066
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ... The Court overrules the demurrer as to the eleventh cause of action, and sustains the demurrer to the remaining causes of action. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d ...
2022.12.05 Demurrer to FACC 977
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2022.12.05
Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...
2022.12.05 Motion for Relief from Waiver of Jury Trial 935
Location: Los Angeles
Judge: Mori, Audra
Hearing Date: 2022.12.05
Excerpt: ...intiffs”) filed this action against Defendants Katherine Martinez-Barahona and Jose Martinez (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for relief from waiver of a jury trial for failing to timely post jury fees. The motion is unopposed. This matter was initially set for trial for June 1, 2022. Pursuant to the parties' stipulation, the trial date was continued to April 21, 2...
2022.12.05 Demurrer to FACC 977
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...
2022.12.05 Demurrer to FAC, Motion to Strike 114
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.12.05
Excerpt: ...osenzweig, Michael Rosenzweig, Myra Rosenzweig, and Helen Schmidt is overruled. Defendant GHC of Upland, SNF, LLC, dba Heritage Park Nursing Center's motion to strike is denied. A. Demurrer Defendant GHC of Upland, SNF, LLC, dba Heritage Park Nursing Center (“Heritage”) (“Defendant”) demurs to the 1st (elder abuse) and 2nd (violations of resident's rights) causes of action in the first amended complaint (“FAC”) of Plaintiffs Elisa Ris...
2022.12.05 Demurrer to FAC 134
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2022.12.05
Excerpt: ... and not individually. Defendant claims the second, fourth, and tenth causes of action are defective for failure to allege sufficient facts to establish a cause of action. Defendant also alleges that all claims asserted by Plaintiffs are time- barred. SUMMARY OF ACTION Plaintiffs filed their initial Complaint on March 1, 2022. Plaintiffs filed the FAC on July 6, 2022 alleging (1) Breach of Contract as to The Global Pharmacy Source, LLC (“GPS”...
2022.12.05 Demurrer 984
Location: Los Angeles
Judge: Chilton, Katherine
Hearing Date: 2022.12.05
Excerpt: ... NOT OK OPPOSITION: Filed on October 20, 2022. [ ] Late [ ] None REPLY: None filed as of October 31, 2022. [ ] Late [X] None ANALYSIS: I. Background On May 21, 2021, Plaintiff McElfish Law Firm, P.C. (“Plaintiff”) initiated this action against Defendants Bloomfield Merchant Services, LLC (“Bloomfield”) and Laith Yaldoo (“Yaldoo”) (collectively, “Defendants”) for (1) breach of contract; (2) common counts; (3) services rendered, (4)...
2022.12.05 Demurrer 714
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ng facts. Plaintiff alleges that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Joseph Trenk, ¶ 3.) Demurrer A demurrer tests the suff...
2022.12.05 Demurrer 714
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2022.12.05
Excerpt: ...ng facts. Plaintiff alleges that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Joseph Trenk, ¶ 3.) Demurrer A demurrer tests the suff...
2022.12.05 Demurrer 457
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.05
Excerpt: ...h of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. Now, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff's Complaint. Discussion Defendants' demurrer is defective for a number of reasons. As a preliminary matter, Defendants' demurrer seeks to join ...
2022.12.05 Demurrer 457
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...h of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. Now, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff's Complaint. Discussion Defendants' demurrer is defective for a number of reasons. As a preliminary matter, Defendants' demurrer seeks to join ...
2022.12.05 Demurrer 343
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2022.12.05
Excerpt: ...ish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers and opposition. BACKGROUND On May 26, 2022, Plaintiff Arthur Edward Ezor filed a complaint against Defendants Ellie Page, Masoud Koshki, Shlomo Harari, Norma Diller, Jose Jaime, Dagoberto Jaime, P&J Labrea, LLC, and Does 2-1...
2022.12.05 Demurrer 343
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers and opposition. BACKGROUND On May 26, 2022, Plaintiff Arthur Edward Ezor filed a complaint against Defendants Ellie Page, Masoud Koshki, Shlomo Harari, Norma Diller, Jose Jaime, Dagoberto Jaime, P&J Labrea, LLC, and Does 2-1...
2022.12.05 Demurrer 196
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...y drove over plaintiff's foot. Scott did not see plaintiff, who was in the course and scope of his employment with Vito, kneeling down in the street to check the tire pressure on one of Vito's trucks. Plaintiff sued Brown and Sierra. Sierra, in turn, filed a cross‐complaint against plaintiff's employer Vito, claiming that Vito was partially liable for “allowing” plaintiff to be crouched down in dark clothes (a safety violation). Sierra also...
2022.12.05 Demurrer 190
Location: Los Angeles
Judge: Mori, Audra
Hearing Date: 2022.12.05
Excerpt: ...ick Smith (“Defendant”) for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff seeks damages “[a]s a subrogated, self-insured employer, damages for all wages and workers compensation benefits paid to or on behalf of Plaintiff's employee, Oscar Escobedo, Jr.” (Compl. at p. 3, ¶ 11.) The complaint, filed on Judicial Council form PLD-PI-001, asserts a single cause of action for motor vehicle negligence. Defe...
2022.12.05 Demurrer 077
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2022.12.05
Excerpt: ...intiff Michael Z Lavie Meet and Confer: Yes. (Pelcic Decl. ¶¶3‐4.) BACKGROUND Plaintiff Michael Z. Lavie alleges he is a homeowner of a condominium commonly known as 5460 White Oak Ave., Unit F‐208, Encino, California 91316. The condominium is part and parcel of Defendant Encino Homeowners Association. Plaintiff alleges in March 2020, a water pipe in Plaintiff's condominium Unit exploded causing severe water damage to the inner walls of the...
2022.12.05 Demurrer 077
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...intiff Michael Z Lavie Meet and Confer: Yes. (Pelcic Decl. ¶¶3‐4.) BACKGROUND Plaintiff Michael Z. Lavie alleges he is a homeowner of a condominium commonly known as 5460 White Oak Ave., Unit F‐208, Encino, California 91316. The condominium is part and parcel of Defendant Encino Homeowners Association. Plaintiff alleges in March 2020, a water pipe in Plaintiff's condominium Unit exploded causing severe water damage to the inner walls of the...
2022.12.05 Motion for Protective Order Re Punitive Damages 848
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ... This is a malicious prosecution case. Plaintiffs Siamak Michael Rahimi and Rahimi & Co. (the “Rahimi parties”) were accountants of Defendants Behrouz Farzad, Nasrin Farzad, Ali Farzad, Farbod Farzad, Elite Pros, Inc. and Lyons Capital Investments LLC (the “Farzad parties”). The Farbod parties sued the Rahimi parties for voluntarily producing their tax-related documents in a separate action during a deposition and without a subpoena. Thei...
2022.12.05 Motion for Summary Judgment 205
Location: Los Angeles
Judge: Mori, Audra
Hearing Date: 2022.12.05
Excerpt: ...ant”) for damages relating to Plaintiff's slip and fall on Defendant's property. Plaintiff alleges that on or about April 17, 2018, as soon as she entered a steam room on Defendant's property, she slipped on the slippery floor, severely injuring herself. The operative First Amended Complaint (“FAC”) alleges causes of action for negligence and premises liability against Defendant. Defendant now moves for summary judgment, or alternatively, s...
2022.12.05 Application to Enforce Settlement Agreement 520
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2022.12.05
Excerpt: ... LLC on causes of action for breach of written contract, accounting, and common count. On September 29, 2021, pursuant to Plaintiff's oral request, the Court dismissed with prejudice this matter due to the Parties' settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 25, 2022, Plaintiff filed its Ex Parte Application...
2022.12.05 Motion to Quash Deposition Subpoena 493
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.05
Excerpt: ...n Chase Bank. Defendant also seeks an imposition of sanctions against Plaintiff in the amount of $2,750.00. This action arises out of three business loans extended by Plaintiff to defendant Topolewski America, Inc. (the “Company”). Plaintiff allegedly entered into three separate loan agreements with the Company on 7/26/19, 5/14/20, and 7/12/21, each secured by various pieces of the Company's equipment as collateral. (Compl. ¶¶ 11–19.) Pla...
2022.12.05 Petition to Confirm Arbitration Award 496
Location: Los Angeles
Judge: Chilton, Katherine
Hearing Date: 2022.12.05
Excerpt: ...CE: [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: None filed as of November 30, 2022. [ ] Late [X] None REPLY: None filed as of November 30, 2022. [ ] Late [X] None ANALYSIS: I. Background On November 16, 2021, Arbitrator Richard R. Mainland, through the American Arbitration Association, issued an arbitration award in favor o...
2022.12.05 Motions to Compel Further Responses 349
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.12.05
Excerpt: ...n opposes these motions on the grounds that this case is stayed. Davidson is right. In the related case, David Abbasi v. Jerry Davidson, et al., No. 22STCV18567, Abbasi moved to stay this unlawful detainer action. On August 22, 2022, the court granted Abbasi's motion. The court adopted its tentative ruling, which stated, “The court hereby stays the unlawful detainer action, Jerry Davidson v. Wesley Fisher, et al., No. 22CHUD00349. The non-jury ...
2022.12.05 Motions in Limine 874
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.05
Excerpt: ...position if Defendants want it. According to the correspondence, one of the defendants sent a letter stating they would depose Brody at least three business days before his trial testimony. Trial is not until December 12, 2022. Therefore, there is still time to take the deposition according to Defendants' proposed schedule. The parties should have been able to resolve this by having a phone call to set the deposition date. Indeed, Defendants fail...
2022.12.05 Motions in Limine 682
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.05
Excerpt: ...h are sources of talc in the products in this case. The motion is too vague and overbroad in seeking to exclude all studies of talc from mines in France, Austria, and Norway, especially if some of those studies also analyze talc from mines that supplied talc at issue here. Plaintiff can cross examine the experts about differences between the mines in France, Austria and Norway and can argue to the jury that they should give little or no weight to...
2022.12.05 Motion to Vacate Order 738
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ivil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shal...
2022.12.05 Motion to Vacate Order 738
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2022.12.05
Excerpt: ...ivil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shal...
2022.12.05 Motion to Vacate Judicial Reference Order 285
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2022.12.05
Excerpt: ...mplaint against Swall Heights, LLC on a cause of action for violation of Civil Code § 895, et seq. On June 17, 2021, Plaintiff filed its First Amended Complaint against Defendant on causes of action for: (1) violation of Civil Code § 895, et seq.; (2) fraud; and (3) negligent misrepresentation. On December 21, 2021, pursuant to a stipulation by the Parties, the Court entered its Order, which among other things, ordered the Parties to submit a f...
2022.12.05 Motion to Vacate Judicial Reference Order 285
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...mplaint against Swall Heights, LLC on a cause of action for violation of Civil Code § 895, et seq. On June 17, 2021, Plaintiff filed its First Amended Complaint against Defendant on causes of action for: (1) violation of Civil Code § 895, et seq.; (2) fraud; and (3) negligent misrepresentation. On December 21, 2021, pursuant to a stipulation by the Parties, the Court entered its Order, which among other things, ordered the Parties to submit a f...
2022.12.05 Motion to Vacate and Set Aside Entry of Default, to Quash Service of Summons 759
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2022.12.05
Excerpt: ...Inc., C.P. Food Products, Inc., C.P. Foods, Inc., and C.P. Foods West, Inc. (1)-(2) Responding Party: Plaintiff Eva D'Avella T/R: SPECIALLYLY APPEARING DEFENDANTS' MOTION TO SET ASIDE DEFAULT JUDGMENT IS GRANTED. SPECIALLYLY APPEARING DEFENDANTS' MOTION TO QUASH IS GRANTED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represente...
2022.12.05 Motion to Vacate and Set Aside Entry of Default, to Quash Service of Summons 759
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...Inc., C.P. Food Products, Inc., C.P. Foods, Inc., and C.P. Foods West, Inc. (1)-(2) Responding Party: Plaintiff Eva D'Avella T/R: SPECIALLYLY APPEARING DEFENDANTS' MOTION TO SET ASIDE DEFAULT JUDGMENT IS GRANTED. SPECIALLYLY APPEARING DEFENDANTS' MOTION TO QUASH IS GRANTED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represente...
2022.12.05 Motion to Tax Costs 593
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.12.05
Excerpt: ...ed in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley...
2022.12.05 Motion to Tax Costs 593
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ed in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley...
2022.12.05 Motion to Quash Service of Summons for Lack of Personal Jurisdiction 842
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2022.12.05
Excerpt: ...a Trousse (“The Trousses”) claim that in 2002, their mother Martine Palmaro-Trousse (“Martine”) entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate...
2022.12.05 Motion to Quash Service of Summons for Lack of Personal Jurisdiction 842
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...a Trousse (“The Trousses”) claim that in 2002, their mother Martine Palmaro-Trousse (“Martine”) entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate...
2022.12.05 Motion to Quash Deposition Subpoena 462
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2022.12.05
Excerpt: ...ring into an appropriate protective order that would preclude the dissemination of the information discovered. BACKGROUND: On February 1, 2019, Plaintiff filed his Complaint against Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC to allege the following causes of action related to an automobile accident: (1) Negligence; (2) Violation of Vehicle Code Sections 20001 and 20003; (3) Violation of Vehicle Co...
2022.12.05 Motion for Summary Judgment 560
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2022.12.05
Excerpt: ...Inc., (4) Conglomerate Marketing, LLC, (5) More Agency, Inc., (6) Arutyun Barsamyan, and (7) Mike A. Toroyan, and for civil penalties totaling $128,061,000. The instant motion is not filed against Defendant Kevin Halloran. SUMMARY OF ACTION On September 23, 2020, plaintiffs California Department of Public Health and Bureau of Cannabis Control, the predecessor agencies to Plaintiff Department of Cannabis Control (hereinafter “Plaintiff” or “...
2022.12.05 Motion to Quash Deposition Subpoena 462
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ring into an appropriate protective order that would preclude the dissemination of the information discovered. BACKGROUND: On February 1, 2019, Plaintiff filed his Complaint against Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC to allege the following causes of action related to an automobile accident: (1) Negligence; (2) Violation of Vehicle Code Sections 20001 and 20003; (3) Violation of Vehicle Co...
2022.12.05 Motion to Deem RFAs Admitted, for Sanctions 458
Location: Los Angeles
Judge: Chilton, Katherine
Hearing Date: 2022.12.05
Excerpt: ...TED. The Court also GRANTS Plaintiff's request for sanctions in the amount of $340.00. 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: None filed as of November 30, 2022. [ ] Late [X] None REPLY: None filed as of November 30, 2022. [ ] Late [X] None ANALYSIS: I. Background On November 29, 2021, Plaintiff Certain ...
2022.12.05 Motion to Compel Further Responses 634
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2022.12.05
Excerpt: ... the propounding party may move to compel further responses. (Code Civ. Proc., § 2031.310.) However, the propounding party must file a motion to compel further responses within 45 days after the responding party served verified responses, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2031.310, subd. (c).) The Court cannot consider an untimely motion to compel further responses. (Vidal Sassoon, Inc. v. Superior Cour...
2022.12.05 Motion to Compel Further Responses 327
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ction, to Special Interrogatories, Set 1, numbers 1, 4, 5, 27, 28, 29, 30, 33, 34 and 35. Additionally, Cross-Complainant William Vilches dba Prestige Builders requests sanctions in the amount of $2,985.00 against Braa and its attorney, Areg Sarkissian, jointly and severally. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of an agreement allegedly entere...
2022.12.05 Motion to Compel Further Responses 327
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2022.12.05
Excerpt: ...ction, to Special Interrogatories, Set 1, numbers 1, 4, 5, 27, 28, 29, 30, 33, 34 and 35. Additionally, Cross-Complainant William Vilches dba Prestige Builders requests sanctions in the amount of $2,985.00 against Braa and its attorney, Areg Sarkissian, jointly and severally. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of an agreement allegedly entere...
2022.12.05 Motion to Compel Deposition 028
Location: Los Angeles
Judge: Hammock, Randolph M
Hearing Date: 2022.12.05
Excerpt: ...a legal action against her former employer. In doing so, he assisted her in mediating and entering a settlement agreement. Plaintiff further alleges that Defendant forced to sign the settlement agreement without giving Plaintiff enough time to review and comprehend it. Defendant now moves for an order compelling Plaintiff's deposition. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Plaintiff's Deposition is GRANTED. Plaintiff i...
2022.12.05 Motion to Compel Deposition 028
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...a legal action against her former employer. In doing so, he assisted her in mediating and entering a settlement agreement. Plaintiff further alleges that Defendant forced to sign the settlement agreement without giving Plaintiff enough time to review and comprehend it. Defendant now moves for an order compelling Plaintiff's deposition. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Plaintiff's Deposition is GRANTED. Plaintiff i...
2022.12.05 Motion to Compel Arbitration 410
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...ervices Joinder to Motion to Compel Arbitration are granted. Background Plaintiff filed the Complaint on May 24, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff alleges that he was subjected to discriminatory and harassing conduct based on age. Plaintiff did not receive an offer of permanent employment while younger individuals did obtain permanent employment. Plaintiff alleges the following ca...
2022.12.05 Motion to Compel Arbitration 410
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2022.12.05
Excerpt: ...ervices Joinder to Motion to Compel Arbitration are granted. Background Plaintiff filed the Complaint on May 24, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff alleges that he was subjected to discriminatory and harassing conduct based on age. Plaintiff did not receive an offer of permanent employment while younger individuals did obtain permanent employment. Plaintiff alleges the following ca...
2022.12.05 Motion to Approve PAGA Settlement 464
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...rtConnect rather than in person due to the COVID-19 pandemic. On August 17, 2021, Plaintiff Akanksha Massey filed a Complaint against Defendant Children Of The Night for PAGA penalties due to Defendant's alleged failure to “(1) Provide all rest and meal periods; (2) Indemnify for necessary work-related expenditures; (3) Pay all wages earned for all hours worked at the correct rates of pay; (4) Issue accurate and complete itemized wage statement...
2022.12.05 Motion to Approve PAGA Settlement 464
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2022.12.05
Excerpt: ...rtConnect rather than in person due to the COVID-19 pandemic. On August 17, 2021, Plaintiff Akanksha Massey filed a Complaint against Defendant Children Of The Night for PAGA penalties due to Defendant's alleged failure to “(1) Provide all rest and meal periods; (2) Indemnify for necessary work-related expenditures; (3) Pay all wages earned for all hours worked at the correct rates of pay; (4) Issue accurate and complete itemized wage statement...
2022.12.05 Motion for Terminating Sanctions 353
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2022.12.05
Excerpt: ...ed a Motion for Terminating Sanctions to be heard on November 17, 2022. The Court continued the hearing on the motion to December 5, 2022. The trial date currently set for May 22, 2023. PARTY'S REQUEST Defendant requests the Court issue terminating sanctions against Plaintiff. Defendant also requests sanctions totaling $1,170.00. LEGAL STANDARD Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone e...
2022.12.05 Motion for Terminating Sanctions 277
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...
2022.12.05 Motion for Terminating Sanctions 277
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2022.12.05
Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...
2022.12.05 Demurrer 039
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.12.05
Excerpt: ...cking noise in his chest, which thereafter was discovered to be an improperly closed chest plate by doctors at KECK MEDICAL CENTER OF USC. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The applicable one-year Statute of Limitations expired. · Plaintiff's Complaint states that plaintiff underwent a three-vessel coronary artery bypass graft surgery performed by DR. MAUE...
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 ...
2022.12.02 Motion to Compel IME 203
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2022.12.02
Excerpt: ...October 4, 2018. Plaintiff was involved in a motor vehicle accident. Defendant Vikram Singh, M.D. (Singh) treated Plaintiff from January to July 2017, which included an initial assessment and a series of lumbar epidural steroid injections and bilateral lumbar facet injections. On July 12, 2017, Plaintiff told Singh her left leg was numb, in pain, that it could not move, had a lessened ability bear weight, and had needlepoint redness. Plaintiff re...
2022.12.02 Motion for Terminating Sanctions 076
Location: Los Angeles
Judge: Chilton, Katherine
Hearing Date: 2022.12.02
Excerpt: ... Sood and Brooklynz Pizza, Inc. is GRANTED. The Court orders Defendants' Answer, filed on May 17, 2021, hereby stricken. 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 ___________ [ ] Late [X] None REPLY: Filed on ___________ [ ] Late [X] None ANALYSIS: I. Background On April 16, 2021, Credilogical Systems...
2022.12.02 Motion to Approve Settlement and Consent Judgment 578
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2022.12.02
Excerpt: ...Witkin, Summary of California Law 10th (2005) Real Property, § 894, p. 1075.) Health & Safety Code section 25249.7 governs the enforcement of Proposition 65. Proposition 65 has both public and private enforcement mechanisms. (See Health & Safety Code, § 25249.7(c), (d).) Violations are punishable by injunction (Health & Safety Code § 24259.7(a)) and civil penalty (Health & Safety Code § 24259.7(b)). In the case of private enforcement actions,...
2022.12.02 Motion to Compel Arbitration 113
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2022.12.02
Excerpt: ...stence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Pr...
2022.12.02 Motion to Compel Compliance with Deposition Subpoena 473
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...g Papers: Motion; Decl. Donald H. Slavik; Plaintiff Separate Statement; Notice of Lodging Confidentially under Seal Decl. of Anum Arshad; Decl. Anum Arshad; Opposition Papers Tesla: Opposition; Decl. Michael R. Carey Opposition Papers Non-Party Mobileye Inc.: Opposition; Reply to Separate Statement; Decl. Michael Hanada; Decl. Gaby Hayon; Decl. John H. Gray; Proof of Service Reply: Combined Reply to Non-Party and Tesla RELIEF REQUESTED Plaintiff,...
2022.12.02 Motion to Compel Compliance with Request for Production of Docs 518
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2022.12.02
Excerpt: ... 1, 2, 8, 13 and 19 FACTUAL BACKGROUND: Plaintiff Hamed Golshan alleges that defendant Mike Kamali was a fifty percent shareholder of a business entity known as Saint Glen, Inc., which operates a restaurant known as Panini Grill in Los Angeles County (the “Company”), and in September of 2019 entered into a Stock Purchase Agreement wherein defendant agreed to sell his entire fifty percent interest to plaintiff for the sum of $750,000.00. The s...
2022.12.02 Motion to Compel Deposition 142
Location: Los Angeles
Judge: Takasugi, Jon R
Hearing Date: 2022.12.02
Excerpt: ...2018, Wayne Brent by and though his surviving spouse and successor in interest Najila K. Brent and Najila K. Brent individually filed this action asserting 30 causes of action. Now, Defendants Fairooz Kabbinavar, MD, Chinsuk Kim, NP, Jenny J. Kim, MD, the Regents of the University of California, Paul Watkins, Administrator, Manuel Eskildsen, M.D., and Jonsson Comprehensive Cancer Center and Foundation/UCLA (collectively, Defendants) move to compe...
2022.12.02 Motion to Compel Deposition 887
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2022.12.02
Excerpt: ...18. On September 1, 2022, Defendants filed a motion to compel Plaintiff's deposition pursuant to California Code of Civil Procedure section 2025.450. Trial is set for July 7, 2023. PARTY'S REQUESTS Defendants ask the Court to compel Plaintiff's deposition because Plaintiff has significantly delayed the discovery process which has prejudiced Defendants' ability to evaluate and defend the case. Defendants also ask the Court to award filing and cour...
2022.12.02 Motion to Compel Deposition ot PMK 915
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.02
Excerpt: ...rported mismanagement of Plaintiff. The complaint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take ov...
2022.12.02 Motion to Compel Further Discovery Responses 101
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2022.12.02
Excerpt: ...self admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2030.300, a p...
2022.12.02 Motion to Compel Further Responses 321
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2022.12.02
Excerpt: ...UND: Plaintiff Holly Marie Washburn alleges that in June of 2016, plaintiff purchased a new 2016 Ram 2500 vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that...
2022.12.02 Motion to Compel Further Responses 753
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2022.12.02
Excerpt: ...either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2...
2022.12.02 Motion to Compel Further Responses 845
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2022.12.02
Excerpt: ... Order to Show Cause Re: Why Monetary Sanctions in the Sum of $900 Should Not Be Imposed on Plaintiff's Counsel Pavel Kouprine for His Failure to Bring the Extension on the Motion to Compel Filed on 09/26/2022 to the Court's Attention CHRONOLOGY: Date Discovery served: June 24, 2022, personal Date Responses served: July 25, 2022, email Date Motion served: September 26, 2022 FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment (Plaintiff) br...
2022.12.02 Motion to Compel Further Responses 845 (2)
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.12.02
Excerpt: ... production, but each party still seeks sanctions against the other. In Action Realtors moves for $5,145 in sanctions against Lazar and his counsel. Lazar seeks $3,600 in sanctions against In Action Realtors and its counsel. The court declines to impose sanctions against either party. Both In Action Realtors and Lazar acted, in part, with substantial justification. In Action Realtors was justified in moving to compel further responses to some of ...
2022.12.02 Motion to Compel IME, for Sanctions 801
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2022.12.02
Excerpt: ...ned a concussion boarding a bus on January 29, 2020, at the intersection of Broadway and Manchester Avenue in Los Angeles. According to Plaintiff, the bus driver—while acting within his scope of employment with Defendant—negligently stopped short of the bus stop causing Plaintiff to strike his head and shoulder against the front window. On October 11, 2022, Defendant filed this motion seeking to compel Plaintiff to submit to an independent me...
2022.12.02 Pitchess Motion 195
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2022.12.02
Excerpt: ...sel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, reply and supplemental briefing. BACKGROUND On September 15, 2020, Plaintiff Larry Waldie filed the operative first amended complaint against Defendant County of Los Angeles, asserting one cause of action for whistleblower retaliation. Plaintiff served as a Lieutenant in the Los Angeles Sherriff's Department and was the ope...
2022.12.02 Motion to Disqualify Counsel 582
Location: Los Angeles
Judge: Leiter, Maurice A
Hearing Date: 2022.12.02
Excerpt: ...EL IS GRANTED. PLAINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On February 24, 2020, Plaintiff George Sharp sued Defendants Santa Anita Park, The Stronach Group, Los Angeles Turf Club, Inc., and Los A...
2022.12.02 Motion to Enforce Settlement Agreement 909
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2022.12.02
Excerpt: ... Loraine Homeowner's Association, Inc. alleges that it is a non-profit mutual benefit corporation which operates and manages a condominium development, 350 Loraine Condominiums, in Los Angeles County, which consists of sixteen condominium units, with the owner of each being a member of the Association, and also having a 1/16th interest in the Association's Common Areas. Plaintiff alleges that defendant Avanes Hovsepian is the sole owner of record...
2022.12.02 Motion to Quash 195
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...ove the Court for an order quashing Empire's subpoenas issued to the following facilities: 1. T-Mobile USA, Inc., 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833 2. AT&T Mobility, LLC., 330 North Brand Blvd., Suite 700, Glendale, CA 91203 3. Verizon Cellco Partnership dba Verizon Wireless, 180 Washington Valley Road, Bedminster, NJ 07921 This motion is brought pursuant to CCP §1985.3, 1987.1, 2017.020, 2025.410, and 2025.420. Procedural...
2022.12.02 Motion to Quash Deposition Subpoenas 878
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2022.12.02
Excerpt: ...f emotional distress, sexual harassment, negligent hiring, supervision & retention of an unfit employee, failure to report suspected child abuse, negligent supervision of a minor and negligence. On August 13, 2021, Plaintiff filed the FAC. On September 16, 2021, LAUSD filed an answer. On October 1, 2021, Smolin filed an answer. On October 27, 2022, Smolin, along with Non-Parties Phoebe Smolin (“Phoebe”) and Jill Smolin (“Jill”), filed a M...
2022.12.02 Motion to Quash Service of Summons 709
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.02
Excerpt: ...acy to embezzle money from Plaintiffs. The allegations mainly revolve around the actions of Defendant Diego Gonzalez (“Diego”), the former finance director for Plaintiff Kostiv & Associates, who fraudulently entered into contracts with Defendants Ezlawpay and Payink on behalf of Plaintiff, resulting in false invoices charged to Plaintiff. Beyond Ezlawpay, Payink, and Diego, Plaintiffs also bring this suit against Diego's wife (allegedly the o...
2022.12.02 Motion to Quash Service of Summons 948
Location: Los Angeles
Judge: Scheper, Barbara M
Hearing Date: 2022.12.02
Excerpt: ...he Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) Code of Civil Procedure section 410.10 “manifests an intent to exercise the broadest possible jurisdiction, limited only by constitutional considerations.” (Sibley v. Superior Court (1976) 16 Cal.3d 442, 445.) The United States Constitution permits a state to exercise jurisdiction over a nonresident defendant if the defendant has sufficient “minimum cont...
2022.12.02 Motion to Tax Costs 107
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.12.02
Excerpt: ...Defendants Oliver Moussazadeh (“Oliver”), Alexander Moussazadeh (“Alexander”), Revilo Realty, Inc. (“Revilo Realty”), Alimon Williams (“Williams”), Garth St. George Davis (“Davis”), and Kyle Lynn Boseman (“Boseman”) (collectively, “Defendants) move to tax costs requested by Plaintiff Alexa Brown (“Brown”) (“Plaintiff”). (Notice of Motion, pg. 1.) Background Plaintiff's complaint arises from the sale of her house ...
2022.12.02 Motion to Vacate Entry of Default 817
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.02
Excerpt: ...do's default was entered on December 8, 2021. Defendant Ovando, in properia persona, filed the instant Motion to Vacate Default and Default Judgment on February 23, 2022. An opposition was filed on May 31, 2022, which the Court did not have an opportunity to review before the hearing on June 2, 2022. At the hearing, the Court continued the matter to December 2, 2022, finding that the Motion was not accompanied by a proof of service. (Minute Order...
2022.12.02 Motions for Jury Trial and Late Posting of Jury Fees, to Compel Pre-Trial Discovery, for Monetary and Evidentiary Sanctions 481
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2022.12.02
Excerpt: ...overy is denied as moot. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. Plaintiffs Eric Lee and Jasmine Lee allege that Defendant James J. Jaber attacked them in an apartment elevator vestibule after Eric Lee asked Jaber to wear a ma...
2022.12.02 Motions to Compel Further Responses 300
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...ACIC”) Responding Party: No Opposition submitted No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok – served exactly 21 days before hearing; 16 Court days plus five calendar days. (See CCP §1005(b).) Proper Address: ok RELIEF REQUESTED Plaintiff, American Contractors Indemnity Company moves for an order compelling Defendant, Chase Fire Protection to provide further responses to Pl...
2022.12.02 Motions to Compel Further Responses 355
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2022.12.02
Excerpt: ...tions to compel further responses filed by Plaintiff against Defendant Turbo Air, Inc. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the...
2022.12.02 Motions to Compel Further Responses 617
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.12.02
Excerpt: ...sia Holdings, LLC, Future Land, Ltd., and Tower Goal, Ltd. Plaintiff Donoco Investments, LLC moves to compel further responses by defendants International Asia Holdings, LLC, Future Land, Ltd., and Tower Goal, Ltd. to form interrogatories, set one, Nos. 12.1-12.7 and 15.1. A party may move to compel further responses to interrogatories when an answer “is evasive or incomplete” (CCP § 2030.300(a)(1) or an objection “is without merit or too ...
2022.12.02 Motions to Compel Further Responses 799
Location: Los Angeles
Judge: Mori, Audra
Hearing Date: 2022.12.02
Excerpt: ...ity Company (“Respondent”) for the Court to address discovery disputes in connection with an uninsured motorist claim. On July 15, 2022, the parties participated in an Informal Discovery Conference (“IDC”) concerning Petitioner's form interrogatories, set one, and request for admissions (“RFAs”), set one, against Respondent. At the conclusion of the IDC, the issues were deemed resolved. However, Petitioner provides that while Petition...
2022.12.02 Petition to Release Mechanic's Lien 169
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2022.12.02
Excerpt: ...er reasonable attorneys' fees in the amount of $4,050.00 SUMMARY OF FACTS: This matter was filed as a petition for order releasing property from claim of mechanic's lien, in which petitioner Andre Setian alleges that petitioner is the owner of real property in Glendale, and respondent Athlon Pool Company, Inc. is a licensed contractor which claims to have contributed pool construction, materials, and labor to the subject property. The petition al...
2022.12.02 Motion for Summary Judgment, Adjudication 575
Location: Los Angeles
Judge: Rosen, David A.
Hearing Date: 2022.12.02
Excerpt: ...tem N.K. Opposition submitted; Reply submitted late [The Court will still consider the late Reply.] Moving Papers: Motion; Separate Statement; Declaration of Nancy P. Doumanian with Exhibits; Proposed Order Oppo Papers: Memorandum of Points and Authorities; Response to Separate Statement and Plaintiff's additional undisputed material facts; Declaration of Lawrence D. Marks and Exhibits; Declaration of N.K. and Exhibits in Opposition; Index of Evi...

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