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72290 Results

Location: Los Angeles x
2020.08.05 Motion to Compel Deposition of PMK, Custodians of Records 289
Location: Los Angeles
Judge: Court, Michelle Williams
Hearing Date: 2020.08.05
Excerpt: ...7-22, 26-30, 35-40, 43-52, 54-65, 78, 79, and 81-82. The request for sanctions is DENIED. Deposition Plaintiff seeks the deposition of Defendant's PMK and custodian of records on the grounds that Plaintiff has good cause for the demand, properly noticed and requested the deposition and specified with particularity the reasons for its demands. The court finds good cause to compel this deposition. Matters for Examination Categories 1 and 2 request ...
2020.08.05 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2020.08.05
Excerpt: ...raft, Inc. (“Greenkraft”) RESPONDING PARTIES: Plaintiffs Ara Kiupelian and Vardan Kiupelian The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 19, 2019, Plaintiffs filed a complaint arising from alleged misrepresentations with respect to stocks, alleging causes of action against Defendants for: (1) fraud; and (2) general negligence. On September 9, 2019, Defendants filed a demurrer and motion to strike with ...
2020.08.05 Motion to Bifurcate 237
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2020.08.05
Excerpt: ...for: 1. Declaratory Judgment; 2. Judicial Recission based upon Fraud or, in the alternative, Damages for Breach of Contract; 3. Quiet Title; 4. Conversion; 5. Breach of Fiduciary Duty; 6. Fraud and Deceit; 7. Intentional Interference with Prospective Economic Advantage; 8. Infliction of Emotional Distress; 9. Elder Abuse; and 10. Accounting. Plaintiff seeks an order bifurcating the issue of liability as it relates to Plaintiff's verbal contract w...
2020.08.05 Demurrer 024
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.08.05
Excerpt: ...d stop harassment, (4) wrongful termination in violation of public policies, (5) intentional infliction of emotional distress (IIED), and (6) negligent infliction of emotional distress (NIED). The Complaint alleges in pertinent part as follows. Gelles owns and operates a law practice called The Law Offices of Peter A. Gelles. Gelles engaged Plaintiff as a temporary legal assistant around the end of January 2007 and hired Plaintiff as his official...
2020.08.05 Demurrer 054
Location: Los Angeles
Judge: Lui, Christopher K
Hearing Date: 2020.08.05
Excerpt: ... OVERRULED as to the fourth, eighth, ninth and twelfth causes of action. Plaintiff is given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Farah Faramarzi reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Plaintiff's request that the Court take judicial notice of the Secretary of State website for Plaintiffs and Defendants is GRANTED. The Court may tak...
2020.08.05 Demurrer 056
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.08.05
Excerpt: ...ient compliance with CCP 439(a). (Decl., Juan Hong, ¶ 2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially...
2020.08.05 Demurrer 112
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2020.08.05
Excerpt: ...Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)); 3. Sexual Battery (against Newman); 4. Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)); 5. Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)); 6. Retaliation in Violation of Public Policy; 7. Whistleblower Retaliation (Violation of Labor Code § 1102.5); 8. Failure to Prevent Discrimination and Sexual Harassment (Violat...
2020.08.05 Demurrer 726
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.05
Excerpt: ...iff's second and third causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. 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 August 3, 2020 [ ] Late [X] None REPLY: None filed as of August 3, 2020 [ ] Late [X] None ANALYSIS: I. Background On September 23, 2019, Plaintiff Robert Khalili (“Plaintiff”...
2020.08.05 Demurrer 803
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2020.08.05
Excerpt: ...e vehicle suffered from a number of defects in the electrical system, which defendants were unable to repair after a number of attempts. Plaintiff requested a new vehicle or repurchase on February 22, 2018. On September 25, 2018, Plaintiff filed a complaint for breach of express warranty, breach of express warranty, and violation of Civil Code section 1793.2. Defendant answered on October 29, 2018. On February 10, 2020, the court granted Plaintif...
2020.08.05 Demurrer 822
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2020.08.05
Excerpt: ...�SAC”) of Plaintiff Roldulfo Sandoval (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the cause of action. (Notice of Demurrer pgs. 1-2.) By way of background, Plaintiff filed this action on January 31, 2019, and on June 10, 2019, the Court overruled Defendant's demurrer to the 1 st (breach of contract) cause of action in the complaint and sustained the demurrer as to the 2nd (fraud) cause of action...
2020.08.05 Demurrer 935
Location: Los Angeles
Judge: Burdge, Richard J
Hearing Date: 2020.08.05
Excerpt: ...given leave to amend within 20 days of this date. Defendant is to give notice. Background This action arises out of Plaintiff, Brandon Hartley (“Plaintiff”)'s employment as a model with Defendant, Strategic Partners, Inc. (“Defendant”). Plaintiff alleges that he is a model who “earns a living by modeling and offering the use of his image and likeness for the promotion of products and services in exchange for compensation.” Plaintiff f...
2020.08.05 Demurrer 977
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2020.08.05
Excerpt: ...��), Eleganza Real Estate (“ERE”), Reza Jabarzade (“Jabarzade”), and Standard Home Realty (“SHR”). The operative Complaint states ten causes of action for: 1) breach of written contract; 2) violation of Civ. Code section 1102 et seq.; 3) fraudulent concealment; 4) fraud and deceit; 5) breach of fiduciary duty; 6) unjust enrichment; 7) fraud in the inducement; 8) negligent misrepresentation; 9) intentional misrepresentation; and 10) vi...
2020.08.05 Demurrer, Motion to Strike 245
Location: Los Angeles
Judge: Burdge, Richard J
Hearing Date: 2020.08.05
Excerpt: ...opposition filed. TENTATIVE: Aguilera's demurrer to the SAC is SUSTAINED. Having sustained Aguilera's demurrer, Aguilera's motion to strike is MOOT. As the SAC did not materially change from the FAC, Plaintiff must explain to the court how she will amend if granted leave. If there is no adequate explanation, the demurrer will be sustained without leave to amend. Aguilera is to give notice. MOTION: Defendant Paragon Systems' Demurrer to the Second...
2020.08.05 Demurrer 924
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.05
Excerpt: ...mit on the tentative, in view of the COVID-19 Pandemic. BACKGROUND On April 22, 2009, Naim and Yamaguchi (in her capacity as President of 155 Hamilton Ltd. and 155 Hamilton Development LLC) executed the Contract. The Contract recognized that 155 Hamilton Development, LLC and its previous owners owe Mr. Naim a balance of $70,000” under a previous settlement agreement and that 155 Hamilton Development had not paid this debt. The Contract confirme...
2020.08.05 Demurrer, Motion to Strike 487
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2020.08.05
Excerpt: ... action is overruled. The motion to strike punitive damages is denied. Defendant has 30 days to answer the complaint. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Danielle Duarte.) Demurrer Defendant demurs to plaintiff's fourth and fifth causes of action for fraudulent concealment and inducement. Because there is...
2020.08.05 Motion for Determination of Good Faith Settlement 813
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2020.08.05
Excerpt: ...Alaska Airlines, Inc. (“Alaska Airlines”), Command Security Corporation (“Command Security”), and S.A.S. Security Group (“S.A.S.”), among others, after Mitiku Woldegirorgis Tesema (“Decedent”) was struck and killed on a roadway near Los Angeles International Airport. S.A.S. repreents the following:  Decedent was scheduled to fly from Addis Ababa, Ethiopia to Los Angeles, California via Ethiopian Airlines. At Los Angeles Interna...
2020.08.05 Motion to Approve and Enter Consent Judgment 345
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2020.08.05
Excerpt: ...een Plaintiff and Defendants Henkel Capital S.A. de C.V. (“Henkel”), Mexilink, Inc. (“Mexilink”), and Nattura Laboratorios S.A. de C.V. (“Nattura”) (collectively “Defendants”). Plaintiff's motion is made with respect to Wetline Xtreme Professional Styling Gel (UPC 871217007416), Wetline Xtreme Reaction Styling Gel (UPC 871217004316), and Moco De Gorila (Gorilla Snot Gel) Galan By Natturalabs (UPC 878971000028) (collectively “Cov...
2020.08.05 Demurrer, Motion to Strike 824
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2020.08.05
Excerpt: ... Co. (“Plaintiff”) RESPONDING PARTY: Defendant and Cross-Complainant CalMat Co. (“Defendant”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from an alleged breach of a settlement agreement (the “1978 Settlement Agreement”). Plaintiff's complaint against Defendants alleges causes of action for: (1) breach of the 1978 Settlement Agreement; (2) breach of the Indemnity Ad...
2020.08.05 Motion for Summary Adjudication 049
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.08.05
Excerpt: ... death on December 2, 2016. On December 5, 2019, the Court dismissed Plaintiffs Young Sang Ma and Young Su Ma without prejudice. On December 5, 2020, Defendant filed a motion for summary adjudication pursuant to California Code of Civil Procedure section 437c. On February 6, 2020, the Court continued the hearing on Defendant's motion for summary adjudication to August 5, 2020. Trial is set for September 18, 2020. PARTY'S REQUEST Defendant asks th...
2020.08.05 Motion for Leave to File Complaint 405
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.08.05
Excerpt: ... hole in flooring at a construction site on November 9, 2016. On April 7, 2020, Defendant Cambridge Homes filed a motion for leave to file a cross- complaint pursuant to California Code of Civil Procedure sections 426.50 and 428.50. On April 17, 2020, the Court continued the hearing on the motion for leave to file a cross-complaint to August 5, 2020. A trial setting conference is scheduled for August 5, 2020. PARTY'S REQUEST Defendant Cambridge H...
2020.08.05 Motion for Leave to File Complaint 165
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.08.05
Excerpt: ...Sahakian (Sahakian), and Link Business LA (collectively, Defendants) on July 9, 2019. The Complaint asserts causes of action for (1) fraud, (2) breach of fiduciary duty, (3) violation of 42 USC 1981, and (4) breach of contract. The Complaint alleges in pertinent part as follows. Plaintiff is a licensed beautician with a degree in accounting. Plaintiff sought to purchase a small business. In February 2017, Plaintiff discovered an opportunity to bu...
2020.08.05 Motion for Summary Judgment, Adjudication 843
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2020.08.05
Excerpt: ...staurant Equipment & Supply BACKGROUND On December 30, 2019, Plaintiff filed the instant unlawful detainer action against Defendant involving the certain commercial property located in Canoga Park. Plaintiff alleges Defendant failed to comply with two notices to pay rent or quit the property. Plaintiff alleges they served the two notices on the grounds Defendant failed to pay the base rent and failed to pay delinquent real property taxes as addit...
2020.08.05 Motion for Attorneys' Fees 599
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2020.08.05
Excerpt: ..., and is therefore reducing the costs and fees requested from $42,306.55 by slightly more than 50%, to $20,144.42. Our Supreme Court has previously cautioned counsel about requesting unreasonable attorney's fees: “‘If . . . the Court were required to award a reasonable fee when an outrageously unreasonable one has been asked for, claimants would be encouraged to make unreasonable demands, knowing that the only unfavorable consequence of such ...
2020.08.05 Demurrer, Motion to Strike, to Permit Prison Deposition 405
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.05
Excerpt: ...and reply papers. RULING The demurrer to the fourth cause of action asserted in the First Amended Complaint is SUSTAINED without leave to amend. The motion to strike is GRANTED without leave to amend. BACKGROUND On September 5, 2019, Plaintiff Jane HC Doe, a minor by and through her guardian ad litem, Kim S., filed a complaint against Defendant Torrance Unified School District (“TUSD”) and Dalan Anthony Johnson for (1) negligence, (2) neglige...
2020.08.05 Motion for Attorneys' Fees 075
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2020.08.05
Excerpt: ...f Los Angeles (“Defendant”) pursuant to the January 16, 2020 Settlement Agreement between Plaintiff and Defendant. (Notice of Motion, pgs. 1-2; C.C.P. §664.6) Background of Action On January 18, 2017, Plaintiff and his wife Christina L. Sidrow (“Sidrow”) (collectively, “Plaintiffs”) filed their complaint against Defendant and Defendant Sergeant Frank Rothe (“Rothe”) (collectively, “Defendants”) asserting causes of action for:...
2020.08.05 Demurrer, Motion to Strike 968
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.08.05
Excerpt: ...ound On October 8, 2019, Plaintiff Sinatra Uniform, Inc. (“Plaintiff”) filed this action against Defendants Avozar, LLC (“Avozar”) and Israel Rodriguez (“Rodriguez”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on April 1, 2020, and asserts causes of action for (1) fraud, (2) negligent misrepresentation, (3) conversion, (4) breach of contract, and (5) breach of the implied covenant of good f...
2020.08.05 Motion for Attorney Fees 947
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.08.05
Excerpt: ...ntiffs asserted causes of action for (1) professional negligence and (2) breach of fiduciary duty. On November 16, 2015, the Court granted Defendants' motion to compel arbitration and stayed the case pending the completion of arbitration. On November 2, 2019, Plaintiffs petitioned to vacate the arbitration award. On January 3, 2020, the Court denied Plaintiffs' petition. Judgment was entered on March 3, 2020. The judgment states that Plaintiffs s...
2020.08.04 Application for Writ of Possession 499
Location: Los Angeles
Judge: Strobel, Mary H
Hearing Date: 2020.08.04
Excerpt: ... xDrive40i, VIN #5UXCW2C59KL080865 (“BMW” or “Vehicle”) that is the subject of the cross-complaint. Background On October 4, 2019, JC filed a complaint against Defendant Luxury Dreams Auto Group, Inc. aka Auto Broker Kings, Inc., a New York Corporation (“Luxury”), Babayev, and Defendant Milan Nus (“Nus”) (collectively “Defendants”), asserting causes of action for breach of contract (against Luxury) and fraud (against Luxury, B...
2020.08.04 Applications for Right to Attach Orders 934
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2020.08.04
Excerpt: ..., and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs commenced this proceeding on February 26, 2020. The operative pleading is the First Amended Complaint (“FAC”), which alleges causes of action for (1) breach of contract, (2) goods sold and delivered/agreed price, (3) open book account, (4) account stated, (5) breach of guaranty, and (6) unjust enrichment for goods provided. The FAC ...
2020.08.04 Demurrer 002
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2020.08.04
Excerpt: ...declined to pay under the insurance contract, to defend the Suit, and to indemnify Plaintiff for the costs incurred. Plaintiff also alleges Defendant's conduct was discriminatory and was undertaken because of Plaintiff's protected status. The Court previously sustained a demurrer to the First Amended Complaint with leave to amend as to the third and fourth causes of action; the Court also sustained the demurrer without leave to amend as to the fi...
2020.08.04 Motion for Summary Adjudication 523
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.04
Excerpt: ...ry for damages arising out of an automobile accident. Plaintiffs' original complaint included a prayer for punitive damages, and Defendant moved to strike the prayer and related allegations. Prior to the hearing, Plaintiffs filed their operative First Amended Complaint. The FAC also includes a prayer for punitive damages, and on 11/27/18, the Court heard Defendant's motion to strike the prayer and related allegations. The Court denied the motion....
2020.08.04 Demurrer 528
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2020.08.04
Excerpt: ...Defendant is ordered to answer in 10 days. The elements of a cause of action for intentional infliction of emotional distress are (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering, and (4) actual and proximate causation of the emotional distress. “Conduct is extreme and outrageous when it exceeds all bounds of decency usually tol...
2020.08.04 Demurrer 635
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.04
Excerpt: ...artnership DEMURRER (CCP § 430.40, et seq.) TENTATIVE RULING: Plaintiff/Cross-Defendant Zemanek & Mills, APC's Demurrer to Defendant's Cross- Complaint is SUSTAINED as to the first through fifth causes of action. Defendant HREP is granted 20 DAYS' LEAVE TO AMEND. 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 o...
2020.08.04 Demurrer 950
Location: Los Angeles
Judge: Keeny, Virginia
Hearing Date: 2020.08.04
Excerpt: ...ing Party: No opposition BACKGROUND This is an unlawful detainer action. Plaintiffs Garbis Zorian and Aznif Zorian as Trustees for the Garbis and Aznif Zorian Trust Dated June 15, 1993 filed an unlawful detainer action against Defendant Susan G. Willis on November 12, 2019 for failure to pay rent. On January 21, 2020, Defendant Susan G. Willis filed a cross‐complaint against the Plaintiffs (“Cross‐Defendants”) asserting causes of action f...
2020.08.04 Demurrer 968
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2020.08.04
Excerpt: ...II”) filed a complaint against Defendant Lynn Kim (“Kim”), stating three causes of action for 1) breach of contract; 2) reimbursement; and 3) common counts – money had and received. The Complaint alleges that BII and Kim entered into a written independent contractor agreement wherein BII would be a real estate broker and Kim would be an associate-licensee (i.e. a real estate agent). On November 13, 2017, third-party Dewey Properties LLC f...
2020.08.04 Demurrer, Motion to Strike 300
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2020.08.04
Excerpt: ...neral Indemnity Co.'s Motion to Strike the Request for Punitive Damages in the Consolidated First Amended Complaint is PLACED OFF CALENDAR AS MOOT. ANALYSIS: Plaintiff Tiffanie T. Kennedy (“Plaintiff”), in pro per, filed the action in Case No. 19STLC06300 against Defendants USAA General Indemnity Co. (erroneously sued as USAA, Inc.) (“Defendant USAA”) and Copart, Inc. (“Defendant Copart”) on July 8, 2019. Defendant USAA filed its Answ...
2020.08.04 Motion for Determination of Good Faith Settlement 467
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2020.08.04
Excerpt: ...ulos and Rula Eliopulos and Milgard and Avalon Door and Window, Inc. has been made in good faith within the meaning of CCP 877 and CCP 877.6 and barring all claims against Milgard and Avalon for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, including implied contractual indemnity pursuant to CCP 877(c). RULING: The motion is granted. The parties are reminded to revie...
2020.08.04 Motion for Sanctions, Special Motion to Strike 099
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.08.04
Excerpt: ...section 128.7, subdivision (a), every pleading, petition, written notice of motion, or other similar paper must be signed by at least one attorney of record in the attorney's individual name or, if the party is not represented by an attorney, must be signed by the party. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is su...
2020.08.04 Motion for Summary Adjudication 504
Location: Los Angeles
Judge: Ongkeko, Rafael A
Hearing Date: 2020.08.04
Excerpt: ...not met its initial burden of proof on the managing agent issue. Discussion On February 8, 2019, Plaintiff Richard Williams filed this action under the Fair Employment and Housing Act (“FEHA”) against Defendant Long Beach Memorial Medical Center (“LBMC”) alleging: C/A 1: Harassment in Violation of FEHA C/A 2: Discrimination in Violation of FEHA C/A 3: Failure to Prevent in Violation of FEHA C/A 4: Retaliation in Violation of FEHA C/A 5: W...
2020.08.04 Demurrer 052
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.04
Excerpt: ...on, and conversion. Plaintiff shall file a First Amended Complaint within 15 days of this Ruling. Atlas to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person due to the COVID-19 Pandemic. BACKGROUND On October 3, 2019, Plaintiff First Law Group, APC filed a Complaint against Defendants Hugo Granadeno (“Hugo”), Doris Granadeno (“Doris”), Hugo Granadeno Dr...
2020.08.04 Motion for Summary Judgment 030
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.04
Excerpt: ...alpractice relating to a January 11, 2018 dental extraction. Plaintiff alleges Defendant negligently extracted her teeth, causing nerve damage in her mouth. Defendant moves for summary judgment on the grounds that Plaintiff's action is barred by the one-year statute of limitations. II.FACTUAL BACKGROUND On January 11, 2018, Defendant extracted two of Plaintiff's teeth. (Defendant's Undisputed Material Fact (“UMF”) No. 2.) The day after, Plain...
2020.08.04 Motion to Compel Further Responses 482
Location: Los Angeles
Judge: Ongkeko, Rafael A
Hearing Date: 2020.08.04
Excerpt: ...E RULING RFP No. 7: The court sustains Defendant's objections re overbreadth, not reasonably particularized, and burdensome objections. The court overrules Defendant's remaining objections. The court grants the motion in part, but only to require Defendant to serve a further response that complies with the code—Defendant may assert all objections except as to confidentiality/trade secrets and need not produce any further documents (unless Defen...
2020.08.04 Motion for Summary Judgment 132
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.04
Excerpt: ...“Plaintiffs”) filed this action against Defendant, Long Beach Memorial Medical Center (“Defendant”) for medical negligence and loss of consortium. Plaintiff alleges that on 6/19/18, Plaintiff was admitted to Defendant's facility for a scheduled caesarian section delivery, but that prior to the caesarian section that day, a nurse negligently placed an I.V. in Plaintiff's right wrist causing pain and discomfort. Defendant now moves for summ...
2020.08.04 Special Motion to Strike 697
Location: Los Angeles
Judge: Alarcon, Gregory
Hearing Date: 2020.08.04
Excerpt: ...tions Plaintiffs Stephen A. Sugarman and the Stephen and Ainslie Sugarman Living Trust (“Sugarman Trust”) (together “Plaintiffs”) object to and move to strike the supplemental declarations of Mark R. McDonald and Gregory Ellis in support of Defendants' anti-SLAPP motion. The declarations were filed on May 22, 2020, and were thus untimely pursuant to CCP § 1005 with respect to the hearing then scheduled for June 5, 2020. In light of the n...
2020.08.04 Petition for Appointment of Arbitrator 097
Location: Los Angeles
Judge: Hill, Deirdre
Hearing Date: 2020.08.04
Excerpt: ...d the moving papers, response and reply RULING The petition is GRANTED. The parties are ordered to file with the court a list of persons supplied jointly by the parties by ___________. At the hearing, pursuant to CCP section 1281.6, the court will nominate five persons either from the list supplied jointly by the parties, or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitrat...
2020.08.04 Motion to Quash Service of Summons and Complaint 688
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2020.08.04
Excerpt: ... JM Capital Investments, LLC (“JMCI”), Kathy Macias (“Macias” or “Defendant”), Plainfield Pass Media, LLC (“Plainfield”), Marble Arch Entertainment, LLC (“Marble”), J. David Williams (“Williams”), and Miguel Lluis (“Lluis”) (collectively, “Defendants”). The operative first amended complaint (“FAC”) alleges seven causes of action for: 1) breach of fiduciary duty; 2) breach of contract; 3) breach of contract; 4) ...
2020.08.04 Motion to Compel Further Responses 679
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2020.08.04
Excerpt: ... passenger in a Lyft vehicle, and the Lyft vehicle negligently left Decedent in the street near 2 nd Street and Tivolli Avenue, which was not near her designated Lyft destination. Hoyt, as an employee of Shimmick, ran over and killed Decedent, who was in the street after being let out of the Lyft vehicle. 2. Matters on Calendar Today There are two motions on calendar today. On 2/19/20, Lyft filed a motion for a protective order. Lyft seeks an ord...
2020.08.04 Motion to Set Aside Default, Judgment 837
Location: Los Angeles
Judge: White-Brown, Gloria
Hearing Date: 2020.08.04
Excerpt: ...her husband, Juvencio R. Saucedo (“Juvencio”), purchased the real property located at 165 West Devanah Street, Covina, CA 91724 (“subject property”) with community property funds. At the time of the purchase of the subject property Plaintiff purportedly executed a Quit Claim Deed to Juvencio and real property title was taken in the name of Juvencio and Miguel Saucedo (“Miguel”) as joint tenants. Miguel is Juvencio's brother. Miguel's ...
2020.08.04 Motion to Compel Further Discovery Responses 348
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2020.08.04
Excerpt: ...aron Weiss (3) Motion for Attorney's Fees Moving Party: Defendants/Cross-Complainants Shaul and Ludmila Raigorodsky Resp. Party: Cross-Defendants A.R.M. Builders, Inc. and Aaron Weiss The Court GRANTS Defendants' motions to compel responses to form interrogatories propounded on Aaron Weiss, and DENIES the motion as to the form interrogatories propounded on A.R.M. Builders. Defendants' request for sanctions is DENIED as against Plaintiff A.R.M. Bu...
2020.08.04 Motion to Compel Arbitration and Dismiss or Stay Proceedings 360
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2020.08.04
Excerpt: ...ice The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from Plaintiff's alleged wrongful termination. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) disability discrimination; (2) disability harassment; (3) race discrimination; (4) racial harassment; (5) failure to prevent discrimination and harassment; (6) failure to correct and remedy unlawful discriminat...
2020.08.04 Motion to Compel Arbitration 976
Location: Los Angeles
Judge: Orozco, Yolanda
Hearing Date: 2020.08.04
Excerpt: ...f Civil Code section 1793.2; 3. Violation of Subdivision (a)(3) of Civil Code section 1793.2 (against FCA); 4. Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against FCA); 5. Breach of Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); 6. Fraudulent Inducement – Concealment (against FCA); and 7. Negligent Repair (against McKeep's). Defendant McKeep's seeks an order compelling arbitratio...
2020.08.04 Motion to Compel Arbitration 863
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2020.08.04
Excerpt: ...(3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the...
2020.08.04 Motion for Summary Judgment, Adjudication 680
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.08.04
Excerpt: ...lity and fitness for a particular purpose, negligent misrepresentation, and breach of express warranty. The complaint arises from an incident where Plaintiff became infected, poisoned, and contaminated after consuming a can of soup on February 23, 2016. On December 6, 2019, Defendant Campbell Soup Company filed a motion for summary judgment, or in the alternative, summary adjudication pursuant to California Code of Civil Procedure section 437c. A...
2020.08.04 Motion for Summary Judgment 708
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2020.08.04
Excerpt: ...ttempted to raise the rent by an amount not permitted under the extension. Defendant, JMS moved for summary judgment on the SAC, and on 11/05/19 the Court denied the motion. JMS moved on the ground that Plaintiff failed to comply with the notice provision in ¶36 of the parties' lease. The Court found that there were triable issues of material fact in this regard and denied the motion. On 1/07/20, Plaintiff filed a doe amendment. She named Michae...
2020.08.03 Motion to Compel Arbitration 861
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.08.03
Excerpt: ...1) failure to pay wages, (2) failure to pay overtime wages, (3) failure to provide meal and rest periods, (4) failure to pay wages at time of termination, (5) failure to provide accurate wage statements, (6) failure to pay wages at each pay period, (7) violation of Labor Code section 2802, (8) willful misclassification as independent contractor, (9) unfair business practices, (10) PAGA penalties, and (11) unjust enrichment. Plaintiff alleges that...
2020.08.03 Anti-SLAPP Motion to Strike 306
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.03
Excerpt: ...ngly encouraged to appear by LA Court Connect if they do not submit on the tentative, in view of the COVID-19 Pandemic. BACKGROUND On December 18, 2019, Plaintiffs James Brusca and Antoinette Brusca filed a Complaint against Defendants Los Angeles Unified School District (“LAUSD”) and Vivian Ekchian, stating claims for violations of the Bane Act, invasion of privacy, and intentional infliction of emotional distress (IIED) arising out of the e...
2020.08.03 Application for Right to Attach Order, to Issue Writ of Attachment 073
Location: Los Angeles
Judge: White-Brown, Gloria
Hearing Date: 2020.08.03
Excerpt: ...Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing is DENIED. Background Plaintiff Antonia Salazar and Edward Salazar (“Plaintiffs”) allege as follows: Plaintiffs purchased the residential property located at 1221 Scoville Avenue, Pomona, CA (“subject property”) from Heng Lu (“Lu”) and Sino-American Capital, LLC (“Sino-American”) pursuant to a Purchase and Sale Agreement (“Agreement”); Hung Ngo (�...
2020.08.03 Demurrer 024
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2020.08.03
Excerpt: ...n Authority and operated by MV Transportation, Inc. There was a collision between the two. On April 27, 2018, Brian Andrew Croft filed a personal injury case against Jerome Madison and MV Transportation, Inc., which is Case Number BC704189. That case still is pending. Neither Madison nor MV Transportation filed a cross‐complaint against Croft. On May 18, 2017, Amy Sturgeon filed a personal injury action against Croft, Madison, and MV Transporta...
2020.08.03 Demurrer 541
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.03
Excerpt: ... seq.) TENTATIVE RULING: Defendants Gold'n Time, Inc. and Mahmoud Mourtban's Demurrer to Plaintiff's First Amended Complaint is OVERRULED as to the first cause of action, SUSTAINED WITHOUT LEAVE TO AMEND as to the third and fourth causes of action, and SUSTAINED WITH LEAVE TO AMEND as to the second and fifth causes of action. Plaintiff is granted 20 DAYS' LEAVE TO AMEND. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct...
2020.08.03 Motion for Relief from Default, Judgment 485
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2020.08.03
Excerpt: ...ga The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions taken against them as tenants as a result exercising their rights under the Los Angeles Rent Stabilization Ordinance. Plaintiffs filed a complaint alleging causes of action for: (1) retaliation in violation of California Civil Code, Sections 1942.5(a) and 1942.5(d); (2) breach of the implied warranty of habit...
2020.08.03 Motion for Summary Judgment 428
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2020.08.03
Excerpt: ...Banks (“Plaintiff”) alleges that she tripped and fell on a sidewalk adjacent to a building owned by Defendants Tom Mastorakos and Victoria Mastorakos through the Mastorakos Family Trust (“Defendants”) within the City of Hawthorne (the “City”). On November 9, 2017, Plaintiff was walking on the sidewalk adjacent to 4263 West El Segundo Boulevard, Hawthorne, California. (Plaintiff's Response to Defendant's Separate Statement of Undispute...
2020.08.03 Motion for Summary Judgment 824
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.08.03
Excerpt: ...livery truck. Ms. Moreno was an employee of Charlie's Produce, a tenant of the property at the time of the accident. Plaintiffs allege claims for negligence and premises liability against the owners of the property. On 10/22/19, Plaintiff amended the complaint substituting Charlie's Produce for DOE 2. As Plaintiffs did not oppose the motion, all material facts proffered by Charlie's Produce remain undisputed. Charlie's Produce operates a warehous...
2020.08.03 Motion for Summary Judgment, Adjudication 190
Location: Los Angeles
Judge: White, Elizabeth Allen
Hearing Date: 2020.08.03
Excerpt: ...osung America Corporation. Plaintiffs settled their claims against Woosung America Corporation. Plaintiffs allege that in 2005, Sunja An (“An”) An started to maintain and clean her humidifier with Aekyung Humidifier Mate. (TAC ¶ 10; JFUMF 2.) She was diagnosed with Idiopathic Pulmonary Fibrosis in 2012. (TAC ¶ 14; JHUMF 6.) An passed away on February 11, 2013, with her cause of death determined to be Respiratory Depression and Idiopathic Pu...
2020.08.03 Motion for Leave to Intervene 539
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.08.03
Excerpt: ...efendant/Cross-Complainants Superior Intermodal Services, Inc. and Andreas Martinez filed a cross-complaint seeking implied indemnity, apportionment, contribution, and declaratory relief against Roes 1 through 50. On June 4, 2020, Security National Insurance Company, administered by AmTrust Financial Services, Inc. filed a motion for leave to file a complaint-in-intervention pursuant to California Code of Civil Procedure section 387. Trial is set...
2020.08.03 Motion to Compel Arbitration and Stay Proceedings 767
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.08.03
Excerpt: ...tates, in relevant part: “On petition of a party to an arbitration agreement alleging the existence 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 ….” “California law reflects a strong public policy in favor of arbitrat...
2020.08.03 Motion to Enforce Settlement 815
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.03
Excerpt: ... re: dismissal are both vacated. The Motion to Seal is DENIED. All documents filed under temporary or conditional seal in conjunction with the motions to enforce and set aside are ordered immediately unsealed. TGSO to give notice. Counsel and/or parties are strongly encouraged to appear by LA Court Connect rather than in person due to the COVID-19 pandemic. To remotely appear by LA Court Connect, please visit: https://www.lacourt.org/lacc/ BACKGR...
2020.08.03 Motion to Expunge Lis Pendens 001
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.03
Excerpt: ...bmit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On August 18, 2017, Ziv Pas and American Threads, Inc. (“ATI”) filed a First Amended Complaint against Defendants Gideon Eliassi and G&S Off Price Inc. in case no. BC661351 (the “First Action”), stating claims arising out of business disputes over the operation of ATI and alleged interference...
2020.08.03 Motion to Quash Service of Summons 102
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.08.03
Excerpt: ... premises liability and general negligence in the complaint for a trip and fall that occurred on January 26, 2015. On November 15, 2018, Plaintiff filed an amendment to complaint renaming Doe 2 as Defendant RMR Group Inc. On March 8, 2019, Plaintiff filed an amendment to complaint renaming Doe 3 as Defendant The RMR Group LLC. On May 2, 2019, the Court dismissed Defendant Cedars-Sinai Medical Center without prejudice. On December 24, 2019, Plaint...
2020.08.03 Motion to Quash Service of Summons, to Change Venue 338
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.08.03
Excerpt: ...e 1, 2020, Defendant filed a motion to quash service of summons pursuant to California Code of Civil procedure section 418.10. Also on June 1, 2020, Defendant filed a motion to transfer venue pursuant to California Code of Civil Procedure section 397, subdivision (a). On June 2, 2020, the Court scheduled the hearings on Defendant's motion for August 3, 2020. Trial is set for October 20, 2021. PARTY'S REQUESTS Defendant asks the Court to quash Pla...
2020.08.03 Motion to Reclassify Action 518
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2020.08.03
Excerpt: ...��) for breach of contract and related claims. On September 24, 2018, Defendant / Cross- Complainant filed a Cross-Complaint, then on November 6, 2018, filed an Amended Cross-Complaint. The Amended Cross-Complaint seeks damages in excess of $1 million from Plaintiff. (Amended X-Compl., Prayer.) A year later, on December 18, 2019, the Court denied Defendant / Cross- Complainant's ex parte application to transfer the action to a court of unlimited ...
2020.08.03 Motion to Set Aside and Vacate Default, Judgment 599
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.03
Excerpt: ...EFAULT AND DEFAULT JUDGMENT (CCP §§ 473, 473.5) TENTATIVE RULING: Defendants Wilshire Property Management, LLC, Moshe Feingold, and Morris Maky's Motion is GRANTED as to the request to set aside default. The default entered against Defendants Wilshire Property, Feingold, and Maky on October 1, 2019 is HEREBY VACATED. However, Defendants' request to set aside default judgment is DENIED. Proposed answer to be filed within ten (10) days of this or...
2020.08.03 Motion to Strike 839
Location: Los Angeles
Judge: Fujie, Holly J
Hearing Date: 2020.08.03
Excerpt: ...onsidered the moving, opposition, and reply papers. BACKGROUND On September 17, 2018, Plaintiff filed a complaint against Defendant asserting causes of action for: (1) fraud; (2) general negligence; and (3) intentional tort. Defendant filed a demurrer to the first, second, and third causes of action in Plaintiff's complaint. On January 9, 2019, the Honorable Jon R. Takasugi in Department 94 ruled on Defendant's demurrer to the complaint and susta...
2020.08.03 Motion to Strike Punitive Damages 689
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.08.03
Excerpt: ...mith v. Superior Court (1992) 10 Cal. App. 4th 1033, 1042.) Negligence, gross negligence or even reckless conduct is insufficient to support a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal. App. 3d 82, 87.) “Malice” is defined in section 3294(c)(1) as “conduct which is intended by the defendant to cause injury” or “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the...
2020.08.03 Motion to Vacate Default 695
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2020.08.03
Excerpt: ...t Ramon G. Favela (“Ramon”) on July 27, 2017. Following Ramon's failure to file a responsive pleading, the court entered his default on January 25, 2019. On January 30, 2019, Plaintiff added Defendants Jennifer Favela (“Jennifer”) and Fernando Favela (“Fernando”) to the Complaint. Default was entered against Jennifer and Fernando on July 18, 2019. On November 1, 2019, Defendants filed the instant Motion to Vacate Entry of Default. Pla...
2020.08.03 Motion to Compel Responses, for Monetary Sanctions 498
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.03
Excerpt: ...�) and Andres Rodriguez (“Mr. Rodriguez”) (collectively, “Plaintiffs”) filed this action against Defendant Jennifer L. Issa (“Defendant”) relating to a July 13, 2016 vehicle accident. On December 6, 2019, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Requests for Admission on Ms. Rodriguez. Defendant also served Set One of Form Interrogatories, Special Interrogatories, Request for Production and Inspec...
2020.07.31 Motion for Summary Judgment, Adjudication 075
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2020.07.31
Excerpt: ...ummary Adjudication is granted. Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evid. Code Section 452(d). The Court takes judicial notice of the existence of the Court's record in small claims case number 15S01956 but does not take judicial notice of the truth of any matter set forth in the record. “Taking judicial notice of a document is not the same as accepting the truth of its contents or acceptin...
2020.07.31 Motion for Summary Judgment, Adjudication 885
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2020.07.31
Excerpt: ...legations of the Operative Complaint Plaintiffs Becky, Christopher, Timothy, and Michael Leveque (“Plaintiffs”) are the adult spouse and children of decedent David Leveque (“Decedent”). Plaintiffs allege that Decedent consulted, retained, and/or employed Defendants as healthcare providers, doctors, specialists, surgeons, etc. to examine, diagnose, advise, care, treat, and administer Decedent's medical needs. Plaintiffs allege that Defenda...
2020.07.31 Motion for Summary Judgment, Adjudication 775
Location: Los Angeles
Judge: Burdge, Richard J
Hearing Date: 2020.07.31
Excerpt: ... TENTATIVE: Lew's motion for summary judgment or, in the alternative, summary adjudication is granted with respect to the legal malpractice claim by Lu and otherwise denied. Lew is to give notice. Background This action arises out of an alleged conspiracy by Defendants to defraud investors in connection with an investment visa program under the United States Government's EB-5 investment visa program. Plaintiffs Zhao Hui Shi (“Shi”) and Jun Lu...
2020.07.31 Motion for Summary Judgment, Adjudication 579
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2020.07.31
Excerpt: ...ion for battery  Second cause of action for assault  Third cause of action for elder abuse/negligence Alternatively, summary adjudication on three issues:  Issue 1: Plaintiff has no evidence to support her first cause of action for battery  Issue 2: Plaintiff has no evidence to support her second cause of action for assault  Issue 3: Plaintiff has no evidence to support her third cause of action for elder abuse/negligence SUMMARY O...
2020.07.31 Motion for Attorney's Fees 298
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.07.31
Excerpt: ... award of reasonable attorney's fees as costs against plaintiff in the amount of $155,249.50. SUMMARY OF FACTS: Plaintiff Saint Lukes Pasadena, LLC alleges that in March of 2000, plaintiff's predecessor in interest, as the owner of a medical office building in Pasadena, entered into a Lease Agreement with defendants Jason K. Boutros, M.D., Inc., Dr. Boutros and his dbas as tenants. Plaintiff purchased the real property that contains the leased pr...
2020.07.31 Motion for Summary Judgment 273
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.07.31
Excerpt: ..., who was driving under the influence of alcohol at the time of the collision. Plaintiff further alleges that Malespin's employer, Defendant Blue Stone Management, LLC (Doe 1) (“Blue Stone”), is vicariously liable. Blue Stone moves for summary judgment, arguing that Malespin was not acting in the scope of his employment at the time of the collision. I. EVIDENCE The parties do not dispute that the accident at issue occurred on August 31, 2018 ...
2020.07.31 Motion for Stay 918
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2020.07.31
Excerpt: ...mplex to himself through sales to alter egos. The original action was converted to a direct action by the HOA in 2019. In May 2019 the HOA filed this complaint (“the current action”), alleging Spahi used alter egos to purchase several units (the same units at issue in the original action) from the HOA at prices far lower than their appraised value. The current action alleges Spahi is responsible for paying any judgment that may be awarded aga...
2020.07.31 Motion for Leave to Amend Answer, to Compel Further Responses 219
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.07.31
Excerpt: ...TED: File a First Amended Answer RELEVANT FACTS: Plaintiff Northern California Collection Service, Inc. alleges that within four years last past defendants Temple Garden Homes for the Developmentally Disabled, Inc. IV, Temple Garden Homes for the Developmentally Disabled, Inc. V, Temple Garden Homes for the Developmentally Disabled, Inc. VI, and TGH Management Group, Inc., and each of them, became indebted to plaintiff's assignor, State Compensat...
2020.07.31 Motion for Judgment on the Pleadings 227
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.07.31
Excerpt: ...dually and as a personal representative of Anthony Melendez, decedent, and Hector Melendez (“Melendez “) filed this action against Defendants, City of Long Beach and State of California for damages arising out of the alleged wrongful death of Decedent Anthony Melendez. Melendez died while driving in Long Beach; he encountered a painted gore point and lost control of his vehicle and drove through a plastic traffic divider. The complaint allege...
2020.07.31 Motion to Alow Discovery of Financial Condition 259
Location: Los Angeles
Judge: Sandvig, Melvin
Hearing Date: 2020.07.31
Excerpt: ..., asking for: (1) any profits the defendant has gained by virtue of the wrongful conduct of the nature and type shown by the evidence; and (2) the financial condition of the defendant. Such documents include: complete federal and state tax returns, financial statements (i.e., income, profit and loss, sources and uses, balance sheet and asset lists); bank accounts (i.e., checking, savings, equity, with account numbers, name of the banking institut...
2020.07.31 Motion for Terminating Sanctions 276
Location: Los Angeles
Judge: Kralik, John
Hearing Date: 2020.07.31
Excerpt: ...Dr. Tawansy”) and other Defendants have refused to pay independent contracting fees and other compensation to Plaintiff, have denied his claims, and sought to extort and threaten him to prevent him from collecting funds due to him. Plaintiff alleges that Dr. Tawansy asked Plaintiff to assist him in real estate matters as an independent contractor. Plaintiff alleges as a result of the parties' deals, Dr. Tawansy and various other defendants owe ...
2020.07.31 Motion to Quash or Modify Subpoena, Request for Sanctions 095
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.31
Excerpt: ...rising from a February 5, 2019 motor vehicle accident. Plaintiff does not claim past loss of earnings but claims future loss of earnings due to the need to undergo surgery. Defendant propounded two subpoenas on Plaintiff's employers seeking Plaintiff's personnel file (“Subpoenas”). Plaintiff moves the Court for an order quashing the Subpoenas and limiting the production of records to Plaintiff's history of earnings (i.e., salary and payroll r...
2020.07.31 Motion to Compel Arbitration, to Stay Proceedings 144
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2020.07.31
Excerpt: ...tion of employment. Unfortunately for Plaintiff, this is not the current law. In October 2019, Governor Newsom signed into law AB 51, which added, inter alia, section 432.6 to the Labor Code. Section 432.6 to the California Labor Code prohibited employers from requiring any employee or applicant to “waive any right, forum or procedure for a violation of any provision” of FEHA or the entire Labor Code, including “the right to file and pursue...
2020.07.31 Motion to Compel Further Responses 345
Location: Los Angeles
Judge: Crowley, Daniel M.
Hearing Date: 2020.07.31
Excerpt: ... the Joint Statement, Defendants are not satisfied with Plaintiff's responses to Defendants'  1st set of Form Interrogatories, Nos. 6.4 and 6.7;  2nd set of Form Interrogatories, No. 17.1;  1st set of Special Interrogatories, Nos. 1, 2, 4, 5, 6, 16, 17, and 18;  2nd set of Special Interrogatories, Nos 43-45; and  1st set of Requests for Production, Nos. 7 and 8. The court has reviewed the moving, opposing, and reply papers and now ...
2020.07.31 Motion to Compel Further Responses 611
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.07.31
Excerpt: ...ther Responses to Request for Admissions, Set One FACTUAL BACKGROUND: Plaintiff Sable Mulugetha alleges that after being an employee for twenty years of defendant Garabet Hindoyan at Gary's Mini Market AM PM, aka Gary's Mini Mart & Papa George, in Pasadena, plaintiff and defendant began discussing plaintiff purchasing Gary's Mini Market, and how the parties would structure a commercial lease agreement, an agreement to purchase the assets, transfe...
2020.07.31 Motion to Compel Further Responses, to Compel IME, Employment Records, for Sanctions 800
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2020.07.31
Excerpt: ...Special Interrogatory; Motion to Compel Independent Mental Examination; Motion to Compel Employment Records; Motion to Compel Response to Deposition; Motion for Sanctions Calendar: 20 Case No.: BC672800 Hearing Date: July 31, 2020 Action Filed: August 17, 2017 Trial Date: Not Set MP: Defendant Lyft, Inc. RP: Plaintiff Ivan Carmon a ALLEGATIONS: The instant action arises from a motor vehicle collision on or about July 14, 2017, where Plaintiff Iva...
2020.07.31 Motion to Compel Production of Settlement Agreement 803
Location: Los Angeles
Judge: Ongkeko, Rafael A
Hearing Date: 2020.07.31
Excerpt: ...bject to a protective order that allows use of the settlement agreement by Plaintiff/Judgment Creditor City National Bank only for judgment enforcement purposes against judgment debtors. Plaintiff may ask questions regarding the terms of the settlement at future judgment debtor examinations. To the extent that any further law and motion is necessary involving the settlement agreement, Plaintiff is ordered to file the settlement agreement under se...
2020.07.31 Motion to Quash Service of Summons and Complaint 160
Location: Los Angeles
Judge: White-Brown, Gloria
Hearing Date: 2020.07.31
Excerpt: ...ROUND OF FORUM NON CONVENIENS Responding Party: Plaintiff Mohammed Khodabakhsh 3. Plaintiff Mohammed Khodabakhsh's MOTION FOR PRELIMINARY INJUNCTION Responding Party: Defendants Terry L. Vehick, Ruud Koekkoek aka Rudolph Koekkoek, Matchcorp Fin. Services BV (“Matchcorp”), Rene Aemig, Hyperion Capital (“Hyperion”), Ali Mir Zadeh (“Zadeh”), Vesten Food Concept AG and HOFSTR. 2 CH 6004 Tentative Ruling 1. Defendants Ruud Koekkoek's, Rene...
2020.07.31 Motion to Reopen Discovery and Continue Trial 423
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.07.31
Excerpt: ...ainst Our Church Building, Inc. (OCB) on December 24, 2018. Plaintiffs' operative pleading is contained in two documents: the First Amended Complaint (FAC) filed on February 21, 2019 and a First Supplemental Complaint filed on October 9, 2019. Both pleadings assert causes of action for (1) specific performance by the Church against OCB, (2) declaratory relief by the Church against OCB, and (3) declaratory relief by Tseshkovsky against OCB. On Mar...
2020.07.31 Motion to Stay Action 629
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2020.07.31
Excerpt: ...ntiff was the “talent scout.” Any and all revenue from successful client contracts would be split among the parties pursuant to a specified schedule. In February 2013, a “subsidiary” of Dream Talent Management, Dream Talent – Valley, was created by Defendants Huff, Jimmo and third party Lynda Arnold. According to Plaintiff, Dream Talent – Valley commissions would be paid to Dream Talent Management and Lynda Arnold. In August 2015, Arn...
2020.07.31 Motion to Strike 047
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.07.31
Excerpt: ... has named Blue Cross of California dba Anthem Blue Cross (Blue Cross) as a Doe Defendant and dismissed Anthem Life from the action. The Complaint asserts causes of action for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. The Complaint alleges in pertinent part as follows. Anthem Life is an insurance company and Blue Cross is Anthem Life's sister company. They function as a single business and repre...
2020.07.31 Motion to Strike 292
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2020.07.31
Excerpt: ...heir landlords Defendants Delaine Yates (“Yates”), Ryan Martin (“Martin”), Delaine Yates LLC (“DYL”) and Rodney Drive LLC (“RDL”). The Complaint alleges thirteen causes of action for: 1) breach of common law duty of care; 2) breach of warranty of habitability; 3) violation of Civ. Code § 1942.4; 4) violation of Civ. Code § 1940.2; 4) breach of the common law implied covenant of quiet enjoyment; 6) violation of Civ. Code § 1714;...
2020.07.31 Motions to Compel Arbitration 351
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2020.07.31
Excerpt: ...lleges that in May of 2018 plaintiff purchased a certified pre-owned 2015 BMW vehicle from defendant Finchey Corporation of California dba Pacific BMW, a manufacturer- authorized agent engaged in the business of selling/leasing and servicing and repairing vehicles of the manufacturer, defendant BMW of North America, LLC. Plaintiff alleges that along with the purchase of the vehicle, plaintiff received written warranties and other express and impl...
2020.07.31 Petition to Compel Arbitration, Motion to Stay Action 778
Location: Los Angeles
Judge: Ongkeko, Rafael A
Hearing Date: 2020.07.31
Excerpt: ...VE RULING The court GRANTS the motion and compels Plaintiff and Suffolk to arbitration. The court stays this action in its entirety as to all parties. A post mediation status conference is set for _______________ [8‐10 mos.]. Discussion On 2/25/2020 Plaintiff filed this action against various defendants. After filing numerous doe amendments and requests for dismissals, but before any defendant appeared, on April 30, 2020, Plaintiff filed the op...
2020.07.31 Motion for Attorney Fees 985
Location: Los Angeles
Judge: Burdge, Richard J
Hearing Date: 2020.07.31
Excerpt: ...rded $26,572.50 in fees and $5,395.13 in costs, for a total of $31,967.63. Plaintiff is to give notice. Background This is a lemon law action arising out of Plaintiff, Jason Clelland (“Plaintiff”)'s purchase of a 2014 Dodge Charger (the “Vehicle”) from Luxury Pre-Owned Motor Cars and manufactured by Defendant, FCA US, LLC (“Defendant”). Plaintiff alleges that express warranties accompanied the sale of the Vehicle by which Defendant �...

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