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2021.08.04 Motion to Quash Subpoenas or for Protective Order 722
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.08.04
Excerpt: ...phan (“Debra”) (jointly “Plaintiffs”) initiated the instant action for fraud and breach of contract. On June 10, 2021, Plaintiffs filed the operative Third Amended Complaint (“TAC”) against defendants Lisa Ann Barkett aka Lisa Denton Barkett (“Lisa”), William J. Barkett (“William”), BMF Limited LLC, Merjan Financial Corporation, New English Rancho, LLC, Silverado Street LLC, Castaic Partners, LLC, Castaic Partners II, LLC, and...
2021.07.29 Motion to Stay Proceedings 435
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.29
Excerpt: ...��) action against defendant SFM, LLC (“Defendant”) asserting a single claim for the violation IWC Wage Order No. 7-2001, section 14 (“Knudson Action”). The Knudson Action alleges that Defendant “failed to provide plaintiff and other similarly situated checkers and/or cashiers with seats as required by section 14.” (Complaint ¶ 13.) On August 17, 2020, Plaintiff filed a notice of related cases as to the following three actions: Herna...
2021.07.29 Motion to Compel Arbitration 924
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.29
Excerpt: ...lass action for Labor Code Violations against defendant T.R.S.C., Inc. (“Defendant”). On August 10, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”). The complaint asserted nine causes of action for: (1) Failure to Pay Minimum and Straight Time Wages, (2) Failure to Pay Overtime Compensation, (3) Failure to Provide Meal Periods, (4) Failure to Authorize and Permit Rest Breaks, (5) Failure to Indemnify Necessary Business...
2021.07.28 Motion for Preliminary Injunction 051
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.28
Excerpt: ...ity of Montebello (“Defendant” or “City”). In Creswell II, Plaintiff asserts two causes of action for (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”) and (2) whistleblower retaliation under Labor Code section 1102.5. On December 28, 2020, Plaintiff filed the second action 20STCV49254 (“Creswell III”) against (the same) Defendant asserting causes of action for discrimination under FEHA and violations of...
2021.07.27 Motion to Compel Further Responses 316
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.27
Excerpt: ...nt American Honda Motor Company, Inc. (“Defendant” or “AHM”) for damages arising from Plaintiff's purchase of an allegedly defective 2018 Honda Civic 2.0L (“Subject Vehicle”). The complaint alleges five causes of action for (1) Violation of Civil Code § 1793.2(d), (2) Violation of Civil Code § 1793.2(b), (3) Violation of Civil Code § 1793.2, (4) Breach of Express Warranty, and (5) Breach of Implied Warranty. The Complaint, in relev...
2021.07.22 Motion to Compel Production 358
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.22
Excerpt: ...ground Plaintiffs Jane Doe (“Doe”) and Jenny Roe (collectively “Plaintiffs”) initiated the instant action on September 4, 2019. On July 24, 2020, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against defendants Lyneer Staffing Solutions LLC (“Lyneer”), Employers HR LLC (“Employers”), Ciera Staffing, LLC, Capacity West LLC, Juan Hilario, Jonathan Silva, Yvonne Canseco, and Does 1 to 100 asserting claims for: (...
2021.07.22 Motion for Judgment on the Pleadings 203
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.22
Excerpt: ...of the Bennett Living Trust, U/A 3/12/92 and Chet Needelman, Trustee of the Needelman #1 Revocable Intervivos Trust (“Defendants”).[1] The complaint asserts three causes of action for (1) Breach of Contract, (2) Enforcement of Mechanics Lien, and (3) Unfair Business Practices. On March 15, 2021, Defendants filed the instant motion for judgment on the pleadings. On July 7, 2021, Plaintiff filed an ex parte application to file a late opposition...
2021.07.21 Motion to Compel Arbitration 831
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.21
Excerpt: ...on against defendants Cedars-Sinai Medical Center (“CSMC”), Ruben Navarro (“Navarro”), and Robert Hacker (“Hacker”). The complaint alleges that Plaintiff was employed by CSMC from June 1, 2008, until wrongly terminated on August 3, 2017. (Complaint ¶¶ 13-36.) The complaint alleges eleven causes of action for: (1) Discrimination on the Basis of Race in Violation of FEHA (Cal. Gov't. Code §12940(a)); (2) Harassment on the Basis of Ra...
2021.07.20 Motion to Compel Arbitration 359
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.20
Excerpt: ...ant”). The complaint asserts five causes of action for: (1) Assault and Battery, (2) Sexual Harassment under the Fair Employment and Housing Act (“FEHA”), (3) Failure to Prevent Discrimination and/or Harassment under FEHA, (4) Wrongful Termination in Violation of Public Policy, and (5) Intentional Infliction of Emotional Distress. The complaint, in relevant part, alleges that “[b]eginning in approximately August of 2016, Plaintiff was emp...
2021.07.16 Demurrer 479
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.16
Excerpt: ...the instant action against defendants Creasun Entertainment USA, Inc. (“Creasun”) and Minglu Ma (“Ma”) (jointly “Defendants”) for claims arising from the failure to fund the film Kung Fury 2. On October 15, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants. The FAC asserts three causes of action for (1) Breach of Contract – Financing Term Sheet, (2) Breach of Contract – Post-Production Serv...
2021.07.15 Motion for Relief from Default Judgment 483
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.15
Excerpt: ...o Jimenez Brenes, Akma D. Flores Covarrubias, and Janeth Morales (collectively “Plaintiffs”) filed the instant quiet title action against Defendants Luis Cervantes Rodriguez, Claudia Patricia Rico Perez (“Perez”), Eva Correa, and Reynol Cobreiro. On November 29, 2018, Defendant Perez filed an answer in pro per. On December 5, 2018, Defendant Reynol Cobreiro filed an answer. On December 13, 2018, Eva Correa filed an answer. After being gra...
2021.07.13 Motion to Compel Deposition 957
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.13
Excerpt: ...inst Defendant Los Angeles Youth Network (“Defendant”). The Complaint asserts three causes of action for (1) Wrongful Termination in Violation of Public Policy, (2) Breach of Implied Contract, and (3) Breach of the Implied Covenant of Good Faith and Fair Dealing. The Complaint alleges that: from September 20, 2012 to December 6, 2012 or December 2013 [1], Plaintiff was employed by Defendant as a Residential Counselor at a youth shelter. (Comp...
2021.07.12 Motion for Attorney Fees 836
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.12
Excerpt: ...on guarantee agreements. On December 18, 2020, following a bench trial, judgment was entered in favor of Plaintiff in the amount of $137,114.42 and costs per memorandum of costs and attorney fees by noticed motion. (Judgment filed 12/18/20.) On January 20, 2021, Plaintiff filed the instant motion for attorney fees and a memorandum of costs. On June 25, 2021, Defendants filed an opposition. On June 30, 2021, Plaintiff filed a reply. Legal Standard...
2021.07.09 Motion to Set Aside Entry of Default 797
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.09
Excerpt: ...t”). On October 15, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant asserting two causes of action for (1) Breach of Written Lease and (2) Money Due. The FAC alleges in relevant part that Plaintiff and Defendant entered into a lease agreement in which Defendant rented residential property from Plaintiff. (FAC ¶ 8.) Defendant failed to pay the monthly rent and late charges from May 1, 2019 to August 31,...
2021.07.07 Motion to Compel Depositions 722
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.07
Excerpt: ...George”)[1] and Debra Stephan (“Debra”) (jointly “Plaintiffs”) initiated the instant action for fraud and breach of contract. On June 10, 2021, Plaintiffs filed the operative Third Amended Complaint (“TAC”) against defendants Lisa Ann Barkett aka Lisa Denton Barkett (“Lisa”), William J. Barkett (“William”), BMF Limited LLC, Merjan Financial Corporation, New English Rancho, LLC, Silverado Street LLC, Castaic Partners, LLC, Ca...
2021.07.01 Demurrer, Motion to Strike 044
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.07.01
Excerpt: ...f Lawrence Jackowski (“Jackowski”) filed the instant action against defendants Battery Solutions, LLC (“Battery Solutions”), P4C Global, LLC (“P4C Global”), ADP TotalSource, Inc.[1] (“ADP”), and Thomas Bjarnemark (“Bjarnemark”) (collectively “Defendants”). On August 6, 2020, the Court sustained Battery Solutions, P4C Global, and Bjarnemark's demurrer to the Complaint in part with leave to amend. (Order 8/6/20.) On August 2...
2021.06.29 Demurrers, Motion to Strike 417
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.29
Excerpt: ...plaintiff Maribel Bravo (“Plaintiff”) filed the instant employment discrimination and wage claim action against defendants Lvgem Hotel Corporation dba Vanlle Hotels (“Lvgem”) and Everlasting International Management (“Everlasting”) (jointly “Defendants”). The complaint alleges twelve causes of action for (1) Discrimination in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Retaliation in Violation of FEHA, (3) F...
2021.06.25 Motion for Leave to File FAC 237
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.25
Excerpt: ...e against Camille Nix (“Nix”), Chelsea Clark, Virtuoso Entertainment, Inc. (“Virtuoso Entertainment”), and Virtuoso Fest (collectively “Defendants”). The Complaint alleges two causes of action for (1) Negligence per se under Penal Code § 647.6, and (2) Negligence Per Se under Penal Code §§ 311-312.7. On May 21, 2019, the Court imposed sanctions of $150.00 against Plaintiff and Plaintiff's counsel for failure to comply with this Cou...
2021.06.24 Demurrer 333
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.24
Excerpt: ...NTATIVE] ORDER RE: DEFENDANTS MARX ACOSTA- RUBIO, TRUSTEE OF THE 2005 ACOSTA-RUBIO FAMILY TRUST, NANCY ACOSTA- RUBIO, TRUSTEE OF THE 2005 ACOSTA-RUBIO FAMILY TRUST, AND 2005 ACOSTA- RUBIO FAMILY TRUST'S DEMURRER TO THE FIRST AMENDED COMPLAINT Procedural Background On October 28, 2020, Plaintiffs Kenneth Krekorian and Lianne Edmonds (“Plaintiffs”) filed the instant breach of contract action against defendants Acosta Rubio Marx and Nancy TRS, A...
2021.06.23 Demurrer 111
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.23
Excerpt: ...own LP filed the underlying breach of lease action against defendants Food Porn, Inc. dba Fry Yay (“Fry Yay”), Gorden Kao (“Kao”), Daniel Park (“Park”), and Phillip Kwan (“Kwan”) (collectively “Defendants”). The complaint alleges four causes of action for (1) Breach of Lease by Fry Yay, (2) Breach of Guaranty by Kao, (3) Breach of Guaranty by Park, and (4) Breach of Guaranty by Kwan. On April 13, 2021, Cross-Complainants Kao a...
2021.06.04 Motion to be Relieved as Counsel 550
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.04
Excerpt: ...m MC051 and MC-052 as to each Client and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362. The MC-052 form states that Counsel served Clients via mail at Clients' last known mailing address which Counsel states he has confirmed as current within 30 days of the motion by conversation. Counsel states that “[t]he attorney-client relationship has broken down to such an extent that counsel no longer b...
2021.06.02 Motion for Terminating Sanctions 053
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.02
Excerpt: ... March 14, 2019, plaintiff Zeeba Company Inc. (“Plaintiff” or “Zeeba”) filed the instant breach of contract action. On May 7, 2019, Plaintiff filed the operative first amended complaint (“FAC”) against defendants Building Blocks LLC (“Building Blocks”), Christopher Clifford, Paul Clifford, Vidya Priyadharshini Chokkalingam, and Madhan Selvanathan (collectively “Defendants/Cross- Complainants”). The FAC asserts three causes of ...
2021.06.02 Motion for Determination of Good Faith Settlement 339
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.06.02
Excerpt: ... MEDICAL CENTER, VERITY HEALTH SYSTEM OF CALIFORNIA, AND VERITY HEALTH SYSTEM OF CALIFORNIA, INC. Background On September 16, 2020, Plaintiff Linda Williams (“Plaintiff”) filed the instant employment discrimination action against Defendants St. Francis Medical Center, St. Vincent Medical Center, Verity Health System of California, Lori Sergeant, Frances Buendia, Janet Oviedo, Walter Castillo, and Denise Del Mar. The complaint asserts eleven c...
2021.05.26 Motion for Leave to File FAC 454
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.26
Excerpt: ...rimination action against Defendant Pacific Bell Telephone Company. The complaint asserts four causes of action for (1) Discrimination based on Disability in violation of the Fair Employment and Housing Act (“FEHA”), (2) Failure to Provide Reasonable Accommodations in Violation of FEHA, (3) Failure to Engage in a Timely, Good Faith, Interactive Process in Violation of FEHA, and (4) Wrongful Termination in Violation of Public Policy. The Compl...
2021.05.24 Motion to Compel Further Responses 722
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.24
Excerpt: ...ted Procedural Background On December 14, 2018, Plaintiffs George Stephan (“George”)[1] and Debra Stephan (“Debra”) (jointly “Plaintiffs”) initiated the instant action for fraud and breach of contract. On March 24, 2020, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against defendants Lisa Ann Barkett aka Lisa Denton Barkett (“Lisa”), William J. Barkett (“William”), BMF Limited LLC, Merjan Financial Corpo...
2021.05.21 Petition to Confirm Arbitration Award 620
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.21
Excerpt: ... Mode dba J Mode USA (“Respondent”) arising out of a breach of a business loan agreement. On December 24, 2019, Petitioner filed the instant petition to confirm the arbitration award of $91,275.02. On October 8, 2020, Petitioner filed a notice of the instant petition to confirm the arbitration award, which reflects service of the hearing by mail. On April 12, 2021 at the hearing for the instant petition, the Court continued the hearing to May...
2021.05.21 Demurrer 848
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.21
Excerpt: ...st 13, 2018, Plaintiff Madeleine Kennedy (“Kennedy”) initiated the underlying action against defendants Genfilms Group (“Genfilms”), Wardour Studios, Inc. (“Wardour”), USA Hollywood Pictures International LLC (“USA Hollywood”), Jessie Kerry (“Kerry”), Steven Nia (“Nia”), Angelina Leo (“Leo”), and Rachel Wang (“Wang”) for breach of contract, fraud, and related causes of action arising out of the production of a moti...
2021.05.20 Demurrer 353
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.20
Excerpt: ... Procedural Background On April 29, 2020, Plaintiff State Farm General Insurance Company (“Plaintiff”) filed the complaint in this subrogation action against defendants Ernest Holburt [1], Susan Holburt [2] (jointly “The Holburts”), and Dennis Foster dba D.A. Foster Construction, Inc. (“Foster”) arising from water damage on the subrogee's real property. The complaint asserts three causes of action for: (1) Negligence, (2) Trespass, an...
2021.05.12 Motion to Compel Further Responses 966
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.12
Excerpt: ...ant action against defendant Nissan North America, Inc. (“Defendant”) for damages arising from the purchase of an allegedly defective 2015 Nissan Sentra (“Subject Vehicle”). The complaint asserts four causes of action for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, (3) Violation of Song-Beverly Act Section 1793.2, and (4) Fraudulent Concealment. The Co...
2021.05.12 Demurrers 455
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.12
Excerpt: ...t action on December 17, 2019. On July 21, 2020, the Court sustained defendant Steve Jun's demurrer to the complaint with leave to amend. On August 6, 2020, Plaintiff filed the first amended complaint against defendants London Eye, Inc. (“London Eye”), SGSF, Inc. (“SGSF”), and Steve Jun (“Jun”). On November 4, 2020, the Court sustained Jun's demurrer to the First Amended Complaint with leave to amend. On November 19, 2020, Plaintiff f...
2021.05.11 Motion to Compel Responses 088
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.11
Excerpt: ...n Dietz [1] (collectively “Plaintiffs”) brought this habitability action against defendants Mohammed Ahsan (“Ahsan”) and Mohsin Mohammed (“Mohammed”) (jointly “Defendants”). The case proceeded to a bench trial. On August 2, 2018, the Court found in favor of Plaintiffs and against Defendants on all issues. (8/2/18, Statement of Decision on Court Trial p. 18.) The court found in favor of plaintiff Kymm McCarter in the total amount o...
2021.05.06 Demurrer 991
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.06
Excerpt: ...AYEAUX; JAMIE MAYEAUX; CLINTON STOKES, et al., Defendants. Case No.: 19STCV15991 Hearing Date: May 6, 2021 [TENTATIVE] ORDER RE: CROSS-DEFENDANT CLINTON STOKES'S DEMURRER TO MERIDIAN PACIFIC HOLDINGS, LLC AND ARI ZIEGER'S THIRD AMENDED CROSS-COMPLAINT Procedural Background On May 8, 2019, Plaintiff Meridian Pacific Holdings, LLC (“Meridian”) filed the original complaint in this action arising out of approximately $1.6 million in advances made...
2021.05.05 Petition to Confirm Arbitration Award 267
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.05
Excerpt: ...y 5, 2021 [TENTATIVE] ORDER RE: PETITION TO CONFIRM ARBITRATION AWARD Background On August 20, 2019, an award pursuant to arbitration was issued in favor Petitioner American Federation of Teachers College Guild, Local 1521 (“Petitioner” or “Union”) against Respondent Los Angeles Community College District (“Respondent” or “District”) with respect to Respondent's compliance with a previous March 6, 2017 Arbitration Award regarding ...
2021.05.05 Motion to Strike 467
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.05
Excerpt: ...FENDANT EVOLVE HEALTHCARE'S MOTION TO STRIKE THE FRIST AMENDED COMPLAINT Procedural Background On July 7, 2020, Plaintiff John Doe (“Plaintiff”) filed the instant employment discrimination action against Defendants Julian Goldstein (“Goldstein”) and Evolve Healthcare (“Evolve”) (jointly “Defendants”). On March 10, 2021, Plaintiff filed the operative first amended complaint (“FAC”) against Defendants alleging seventeen causes o...
2021.05.04 Motion to Compel Further Responses 549
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.05.04
Excerpt: ...FT'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES FROM PLAINTIFF Background On July 22, 2019, Plaintiff Chijoke John Mayor Osuji (“Plaintiff”) filed the instant personal injury action against defendants Behzad Lahijani (“Lahijani”) and Lyft, Inc. (“Lyft”) arising out of a motor vehicle accident that occurred on August 5, 2017[1]. On April 6, 2021, the Court granted Steadfast Insurance Company's motion for leave to interv...
2021.04.20 Motion to Compel Responses 390
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.04.20
Excerpt: ...O COMPEL DEFENDANT JASMEN H. GHOOKASSIAN'S FURTHER RESPONSES TO REQUESTS FOR ADMISSION SET ONE AND SPECIAL INTERROGATORIES, SET ONE Background On October 3, 2019, Plaintiff Oksanna Asiryan (“Plaintiff”) filed the instant fraud and breach of action against Angela Avetisyan (“Avetisayan”), Jasmen H. Ghookassian (“Ghookassian”), and Johnhart Corp dba Johnhart Real Estate (collectively “Defendants”). This action arises out of Defendan...
2021.04.15 Motion to Compel Deposition 724
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.04.15
Excerpt: ...NTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT ZETA GRAFF Background On July 13, 2015, Plaintiff Olivia Vaatete (“Plaintiff”) filed the lead action, BC587724, against defendant Zeta Graff (“Defendant”). The lead action asserts five causes of action for (1) Defamation Libel, (2) Defamation Slander, (3) False Light, (4) Intentional Infliction of Emotional Distress, and (5) Negligent Infliction of Emotional Distress. On March 22, 2016,...
2021.03.19 Demurrer, Motion to Strike 158
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.03.19
Excerpt: ...d On June 17, 2020, plaintiffs Thomas Jung and Connie Jung (jointly “Plaintiffs”) filed the instant action against Defendants Olson Urban- Los Angeles 2, LLC (“Olson”), Fig & Fifty Walk Corporation (“Fig”), Ryan Bittner (“Bittner”), and C&V Consulting Inc. (“C&V”) (collectively “Defendants”). On December 2, 2020, the Court sustained Olson's demurrer to the complaint with leave to amend. On December 22, 2020, Plaintiffs fil...
2021.03.09 Motion to Tax Costs 034
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.03.09
Excerpt: ...OSTS Background On February 2, 2015, Plaintiff Executive Perils, Inc. (“Plaintiff”) filed the instant action against its former employee Maria Hale. On May 21, 2015, Plaintiff filed a Doe amendment and First Amended Complaint adding defendants Michael Magnuson (“Magnuson”) and R-T Specialty Insurance Services, LLC (“R-T Specialty”). On August 21, 2015, Plaintiff filed a Second Amended Complaint. Of the claims asserted, only the follow...
2021.03.04 Motion for Determination of Good Faith Settlement 436
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.03.04
Excerpt: ...21 [TENTATIVE] ORDER RE: MARIA GUADALUPE PONCE- CARDOSO AND LUICO PONCE VIVAR'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Background On March 26, 2019, Plaintiff Cindi Areli Salazar filed the instant action against Defendants Maria Guadalupe Ponce-Cardoso, Luico Ponce Vivar, Alejandra Cecilia Bobadilla, Lenith Chance Hernandez, Eric Sandoval, Steven Ronald Burrell, Aimee Christin Oliveras, Armin Baysic Devera, Donna Mejia, Ruben Sanchez, ...
2021.03.01 Motion to be Relieved as Counsel 549
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.03.01
Excerpt: ...TO BE RELIEVED AS COUNSEL Moving Party's Papers Defense counsel, Nicole C. Barilla, Esq. (“Counsel”), moves to be relieved as counsel for Defendant Behzad Lahijani (“Client”). On November 18, 2020, Counsel filed the instant motion to be relieved as counsel. On December 22, 2020, Plaintiff filed an opposition. On December 29, 2020, Counsel filed a reply. On January 6, 2021, the Court continued the instant motion and allowed supplemental br...
2021.02.19 Motion to Shift Discovery Referee Costs 549
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.19
Excerpt: ...SHIFTING DISCOVERY REFEREE COSTS TO DEFENDANT LYFT, INC. Background On July 22, 2019, Plaintiff Chijoke John Mayor Osuji (“Plaintiff”) filed the instant personal injury action against defendants Behzad Lahijani (”Lahijani”) and Lyft, Inc. (“Lyft”) arising out of a motor vehicle accident. On October 7, 2020, the Court conducted an informal discovery conference (IDC) with the parties, ordered the parties to continue meeting and conferri...
2021.02.11 Demurrer 425
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.11
Excerpt: ...HIANGE; et al., Defendants. Case No.: 19STCV38425 Hearing Date: February 11, 2021 [TENTATIVE] ORDER RE: DEFENDANT WRIT MEDIA GROUP, INC'S DEMURRER TO THE FIRST AMENDED COMPLAINT Procedural Background On October 28, 2019, plaintiff Abruzzi Investments, LLC filed the instant action arising out of investments made in Cryptosumer LLC. On November 27, 2019, plaintiffs Abruzzi Investments, LLC (“Abruzzi”) and Data Resources, LLC (“DR”) (jointly...
2021.02.09 Motion to Compel Further Responses 335
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.09
Excerpt: ..., 2021 [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES FROM FCA US LLC TO REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE Background On February 28, 2020, Plaintiff Elizabeth Kalfsbeek Charter (“Plaintiff”) filed the instant lemon law action arising from the purchase of a 2017 Chrysler Pacifica. On April 1, 2020, Plaintiff filed the operative First Amended Complaint against defendants FCA US, LLC (“FCA”) and Hanlees Chry...
2021.02.09 Demurrer, Motion to Strike 015
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.09
Excerpt: ...ants. Case No.: 20STCV13015 Hearing Date: February 9, 2021 [TENTATIVE] ORDER RE: DEFENDANTS PAUL LIN, MICHELE LIN AND VANTAGE ASSET MANAGEMENT LTD'S DEMURRER AND MOTION TO STRIKE THE FIRST AMENDED COMPLAINT Procedural Background On April 1, 2020, Plaintiff Frank Li (“Li”) and LP Enterprises, Inc. (“LP”) (jointly “Plaintiffs”) filed the instant action. On July 29, 2020, Plaintiffs filed the operative First Amended Complaint (“FAC”)...
2021.02.05 Motion for Leave to File SAC 998
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.05
Excerpt: ...S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT Background On October 1, 2019, Plaintiff Alain Jerome Fernandez (“Plaintiff”) filed the instant action against Defendant Erlinda David (“Defendant”). On January 17, 2020, Plaintiff filed a First Amended Complaint (“FAC”) asserting three causes of action for (1) Defamation, (2) Negligence, and (3) Negligent Infliction of Emotional Distress. On September 11, 2020, Defendant filed a d...
2021.02.02 Motion to Compel Deposition of PMK 856
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.02
Excerpt: ...MOTION TO COMPEL THE DEPOSITION OF DEFENDANT ADIDAS AMERICA, INC.'S PERSON MOST KNOWLEDGABLE Background On February 21, 2019, Plaintiff Nutsiri Kidkul (“Plaintiff”) filed the instant action against Adidas America, INC. (“Defendant”) alleging a single cause of action under the Unruh Civil Rights Act arising from the alleged inaccessibility of Defendant's website, https://www.y- 3.com/us/, to the visually impaired. On December 21, 2020, Pla...
2021.02.02 Demurrer, Motion to Strike 237
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.02.02
Excerpt: ...te: February 2, 2021 [TENTATIVE] ORDER RE: DEFENDANT CAMILLE NIX'S DEMURRER AND MOTION TO STRIKE THE COMPLAINT Procedural Background On November 13, 2017, Plaintiff Lycia Faith Lucas (“Plaintiff”) filed the instant action for negligence against Camille Nix (“Nix”), Chelsea Clark, Virtuoso Entertainment, Inc., and Virtuoso Fest (collectively “Defendants”). The Complaint alleges two causes of action for (1) Negligence per se under Penal...
2021.01.15 Motion for Relief from Matters Deemed Admitted 594
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2021.01.15
Excerpt: ...ION FOR RELIEF FROM MATTERS DEEMED ADMITTED Background On December 17, 2019, Plaintiff Dale Sims (“Plaintiff”) filed the instant action. On January 2, 2020, Plaintiff filed the operative Third Amended Complaint against defendants Quantech Services, Inc., Michael Welborn, Maryanne Cromwell (collectively “Defendants), Elaine Sersun, and Constandina Tsambunieris[1] alleging causes of action for Employment Discrimination under the Fair Employme...
2020.12.15 Motion to Compel Compliance 414
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.12.15
Excerpt: ...CV16414 Hearing Date: December 15, 2020 [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT HAWTHORNE HEALTHCARE & WELLNESS CENTRE, LP TO COMPLY WITH ITS STATEMENT OF COMPLIANCE TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE Background On May 10, 2019, Plaintiff Georgia Mae Jones, by and through her successor-in-interest Donald Hyche (“Decedent”), and Donald Hyche (collectively “Plaintiffs”) filed the instant action against defe...
2020.12.03 Motion to Compel Discovery Responses 425
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.12.03
Excerpt: ..., 2020 [TENTATIVE] ORDER RE: CJWORLD-LA'S MOTION TO COMPEL 147-151 W. 25 TH ST. LLC, BABAK AFRAMIAN, AND AVI AFRAMIAN'S DISCOVERY RESPONSES Procedural Background On March 4, 2019, Plaintiff 147-151 W. 25 th St., LLC (“25 th Street LLC”) filed the 19STCV07425 action. On December 16, 2019, 25 th Street LLC filed the operative First Amended Complaint (“FAC”) complaint against Defendants Chang Lee (“Defendant”) and GRG Collective, LLC [1]...
2020.11.19 Motion for Judgment on the Pleadings 708
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.11.19
Excerpt: ...ORDER RE: ZACHARY SMITH'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO VIVKA GREY'S COMPLAINT Procedural Background On March 10, 2020, Zachary Smith (“Smith”) and Vivka Grey (“Grey”) both filed respective complaints asserting defamation claims against each other. On July 7, 2020, the Court found that the cases were related and consolidated the actions. The court deemed the earlier filed complaint (the Smith Complaint in 20STCV09708) as the ...
2020.11.13 Motion to Compel Arbitration 935
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.11.13
Excerpt: ...DANT'S MOTION TO COMPEL ARBITRATION Procedural Background On May 5, 2019, Plaintiff Talora Gross (“Plaintiff”) filed the instant action. On May 20, 2019, Plaintiff filed the operative first amended complaint (“FAC”) against defendant Education Management Systems (“Defendant”) alleging causes of action for (1) Fraudulent Inducement; (2) Negligent Misrepresentation; (3) Disability Discrimination; (4) Libel Per Se; (4) Wrongful Terminati...
2020.11.13 Motion for Leave to File Amended Complaint 033
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.11.13
Excerpt: ...NTATIVE] ORDER RE: PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT Background On April 2, 2019, Plaintiff Kathy Lightfoot (“Plaintiff”) filed the instant action against defendants Law Office of Mifflin & Associates and Ken Mifflin (“Defendants”) [1]. The complaint alleges a single cause of action for legal malpractice. Complaint The Complaint alleges as follows: In March of 2016, Plaintiff retained Defendants to represent h...
2020.11.10 Motion to Quash Subpoenas 722
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.11.10
Excerpt: ...NDANTS' MOTION TO QUASH SUBPOENAS TO WELLS FARGO BANK AND U.S. BANK Background On December 14, 2018, Plaintiffs George Stephan and Debra Stephan (collectively “Plaintiffs”) filed the instant action. On March 24, 2020, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against defendants Lisa Ann Barkett aka Lisa Denton Barkett (“Lisa”), William J. Barkett (“William”), BMF Limited LLC (“BMF”), Merjan Financial Corp...
2020.11.05 Demurrer, Motion to Strike 304
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.11.05
Excerpt: ...Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d), (2) Violation of Civil Code § 1793.2(b), (3) Violation of Civil Code § 1793.2(a)(3), (4) Breach of Express Written Warranty, (5) Breach of the Implied Warranty of Merchantability, (6) Fraud by Omission, and (7) Violation of the Consumer Legal Remedies Act. On July 9, 2020, Defendant filed the instant demurrer to the third, fifth, ...
2020.11.04 Motion to Quash Subpoena 671
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.11.04
Excerpt: ...FF'S SUBPOENA TO UBER TECHNOLOGIES, INC. Background On September 18, 2018, Plaintiff Guifen Li (“Plaintiff”) filed the personal injury action against defendant Gang Li (“Defendant”) arising out of a motor vehicle accident that occurred on September 21, 2016. On January 27, 2020, Plaintiff served a third party deposition subpoena for production of business records to Uber Technologies, Inc. (“Uber”). On February 20, 2020, Defendant fil...
2020.10.28 Petition to Confirm Arbitration Award 614
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.28
Excerpt: ...E: PETITION TO CONFIRM ARBITRATION AWARD Background Following arbitration, Petitioner Directors Guild of America, Inc. (“Petitioner”) obtained an arbitration award on January 16, 2020 against Respondent Angel Wings Production Limited (“Respondent”) regarding a dispute over the theatrical motion picture entitled Fallen. On February 13, 2020, Petitioner filed the instant petition to confirm the arbitration award of $147,436.43 and $27,999.5...
2020.10.28 Motion to Compel Deposition of PMK, Production of Docs 954
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.28
Excerpt: ... TO COMPEL THE DEPOSITION OF DEFENDANT'S PERSON MOST KNOWLEDGABLE AND PRODUCTION OF DOCUMENTS Background On March 7, 2019, Plaintiff Gonzalo Montenegro (“Plaintiff”) filed the instant action against FCA US, LLC, (“Defendant”) alleging cause of action for (1) Breach of Implied Warranty under the Song-Beverly Act and (2) Breach of Express Warranty under the Song- Beverly Act. The complaint alleges that Plaintiff purchased a vehicle from Def...
2020.10.28 Motion to Compel Arbitration 246
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.28
Excerpt: ...LAD‐N, LLC'S MOTION TO COMPEL ARBITRATION Procedural Background On November 15, 2019, Plaintiff Tyrone Bernard Woods (“Plaintiff”) filed the instant action against defendant LAD‐N, LLC dba Nissan of Downtown LA #310 (“Defendant”) alleging causes of action for (1) Wrongful Termination‐Breach of Contract, (2) Wrongful Termination‐Public Policy Violation, (3) Breach of Implied Covenant of Good Faith and Fair Dealings, (4) Harassment ...
2020.10.28 Demurrer 693
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.28
Excerpt: ...DEFENDANT RENEW FINANCIAL GROUP, LLC'S DEMURRER TO THE COMPLAINT Procedural Background On May 30, 2029, plaintiff Luz Lainez (“Plaintiff”) filed the instant action against defendants Commercial Residential Services[1], Richard Vasquez, State National Insurance Company, Inc.[2] and Renew Financial Group, LLC[3] (“Renew”). The complaint alleges causes of action for: (1) Breach of Contract, (2) Breach of Contract, (3) Breach of the Covenant ...
2020.10.27 Demurrer, Motion to Strike 336
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.27
Excerpt: ...ATIVE] ORDER RE: DEFENDANT WEST HILLS HOSPITAL & MEDICAL CENTER'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE Procedural Background On July 12, 2019, plaintiffs Howard Smith (“Smith”) and Organic Blend, LLC (“Organic Blend”) (collectively “Plaintiffs”) filed the instant action against Defendant West Hills Hospital & Medical Center (“Defendant”). On July 14, 2020, Plaintiffs filed the operative Second Amended Comp...
2020.10.23 Motion to Compel Arbitration 859
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.23
Excerpt: ...NT'S MOTION TO COMPEL ARBITRATION Procedural Background On June 10, 2020, plaintiff Daphyne Howell (“Plaintiff”) commenced this action against defendant 1736 Family Crisis Center (“Defendant”) alleging causes of action for (1) Violation of Labor Code §§ 1102.5 and 98.6, (2) Retaliation in Violation of the Fair Employment and Housing Act (“FEHA”), and (3) Failure to Prevent Retaliation in Violation of FEHA. On September 4, 2020, Defe...
2020.10.22 Motion to Quash Subpoenas 450
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.22
Excerpt: ...0 [TENTATIVE] ORDER RE: PLAINTIFFS' MOTION TO QUASH SUBPOENAS BY DEFENDANT NU MARK, LLC Background On February 26, 2018, plaintiffs Edith Anne Petrucci (“Edith”) and Robert Petrucci (collectively “Plaintiffs”) commenced this action against approximately seventeen companies including defendants Nu Mark LLC and 7‐Eleven Distribution Company (collectively “Defendants”) and one individual for damages to Edith Anne Petrucci arising out o...
2020.10.16 Motions to Seal Complaint and Oppositions to Anti-SLAPP Motion 681
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.16
Excerpt: ...nd On May 15, 2020, Plaintiff Richard Pech (“Plaintiff”) filed the instant action against defendants Afshin Moghavem (“Moghavem”), Afshin Moghavem Inc., and Prodigy Brands LLC (collectively “the Moghavem Defendants”) alleging causes of action for (1) Fraudulent Concealment, (2) Fraudulent False Promise, (3) Interference with Contract, (4) Breach of Contract, and (5) Quantum Meruit. On June 23, 2020, Plaintiff filed two Doe amendments ...
2020.10.16 Motion to Compel Arbitration 298
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.16
Excerpt: ...S-DEFENDANTS CHARLES DUNN COMPANY, WILLIAM CHRISTOPHER STECK AND CHRISTOPHER JAMES GIORDANO'S MOTION TO COMPEL ARBITRATION Procedural Background On October 31, 2019, Plaintiffs CJWorld-LA, Chang Lee, and Eric Lee (collectively “Plaintiffs”) initiated the instant action with the filing of the complaint. On December 16, 2019, Cross-Complainants 147-151 W. 25 th St., LLC, Babak Aframian, and Avi Aframian (collectively “Cross-Complainants”) f...
2020.10.08 Motion for Attorney Fees 954
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.08
Excerpt: ...LAINTIFF'S MOTION FOR ATTORNEY FEES Background On November 8, 2016, Plaintiff Rommel Uvas (“Plaintiff”) filed the instant action against defendants Thresiamma Mathew and Remy's HT RN Care LLC (jointly “Defendants”) . On May 8, 2017, Plaintiff filed a first amended complaint alleging three causes of action for Wage and Hour violations and for restitution based on unfair competition. After a four-day bench trial, the court found for Plainti...
2020.10.08 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.08
Excerpt: ...DANT'S DEMURRER AND MOTION TO STRIKE THE COMPLAINT Procedural Background On August 9, 2019, Plaintiff Creditcard Data Services, Inc. (“Plaintiff”) filed the instant action against defendant Hyunmok Cho (“Defendant”). The complaint alleges two causes of action for (1) Breach of Written Contract, and (2) Statutory Misappropriation of Trade Secrets. On May 11, 2020, Defendant filed a demurrer with a motion to strike. The Court set the instan...
2020.10.07 Motion for Attorney Fees 880
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.07
Excerpt: ...ANTS CHRISTOPHER R. ABERNATHY AND EUGENE CARSON III'S MOTION FOR ATTORNEY FEES Background On August 5, 2019, plaintiff Mohammad Rahmani Nejad (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Berenji & Associates (“the Law Firm”), Hossein F. Berenji, (“Berenji”), Jack Zuckerman, (“Zuckerman”), Christopher R. Abernathy, (“Abernathy”), Eugene Carson, III, (“Carson”) and Does 1 to 100 (j...
2020.10.01 Motion to Stay Proceedings 514
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.10.01
Excerpt: ...aring Date: October 1, 2020 [TENTATIVE] ORDER RE: DEFENDANT COUNTY OF LOS ANGELES'S MOTION TO STAY PROCEEDINGS Procedural Background On September 4, 2019, Plaintiff James Royal (“Plaintiff”) filed the instant action against defendants County of Los Angeles, Los Angeles County Sheriff's Department, and Division Chief John Benedict alleging a single cause of action for Retaliation in Violation of Labor Code § 1102.5. On April 17, 2020, Defenda...
2020.09.29 Motion to Quash Subpoenas 643
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.29
Excerpt: ...t, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distress, abuse of process, coercion to sign terms against public policy, and civil conspiracy. The Complaint concerns Plaintiff's leases with La Peer/Simonou from 2012-2016, and with Baldwin from November 2017 to December 2017. He alleges that La Peer/Simonou attempted to insert objectionable terms into their respective leases and wrongfully retaliated ...
2020.09.28 Motion to Seal Petition for Approval of Compromise of Pending Action 140
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.28
Excerpt: ... OF BEVERLY HILLS; GENESIS HEALTHCARE CORPORATION; GENESIS HEALTHCARE, LLC; SKILLED HEALTHCARE, LLC; GENESIS ELDERCARE REHABILITATION SERVICES, LLC; et al. Defendants. Case No.: 19STCV38140 Hearing Date: September 28, 2020 [TENTATIVE] ORDER RE: MOTION TO SEAL IN PLAINTIFF'S PETITION FOR APPROVAL OF COMPROMISE OF PENDING ACTION Background On October 10, 2019, plaintiff Akram Elestit, by and through her Guardian ad Litem Ben Mansouri (“Plaintiff�...
2020.09.25 Motion to Set Aside Entry of Default 231
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.25
Excerpt: ...ng Date: September 25, 2020 [TENTATIVE] ORDER RE: DEDENDANTS RON BURNS AND KAREN A. MORALES'S MOTION TO SET ASIDE ENTRY OF DEFAULT Background On December 3, 2019, Plaintiff George Marrero (“Plaintiff”) filed the instant action against defendant Ron Burns, Ron Halavi[1], and Karen A. Morales on behalf of the Morales Family Trust alleging causes of action for (1) Negligence, (2) Negligent Infliction of Emotional Distress, (3) Intentional Inflic...
2020.09.22 Motion to Dismiss 654
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.22
Excerpt: ...ENTATIVE] ORDER RE: DEFENDANTS JUAN MARTINEZ AND JOSEPH IBRAHIM'S MOTION TO DISMISS Background On October 10, 2017, plaintiff Michael Abkarian (“Plaintiff”) filed the instant action against defendants AW Collision SC1 (“AW”), Joseph Ibrahim (“Ibrahim”), and Juan Martinez (“Martinez”) (collectively “Defendants”) for claims arising from Plaintiff's employment with AW. On May 6, 2019, Plaintiff filed a notice of settlement as to ...
2020.09.22 Demurrer 358
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.22
Excerpt: ...TENTATIVE] ORDER RE: DEFENDANT FCA US LLC'S DEMURRER TO THE COMPLAINT Procedural Background On March 19, 2020, Plaintiffs Leticia Munoz Olmos and Luis Munoz Olmos (collectively “Plaintiffs”) filed this lemon law action against FCA US LLC (“Defendant”), and JRDTSP LLC dba Scott Robinson Chrysler Dodge Jeep Ram (“Robinson”) alleging (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violat...
2020.09.17 Motion to Set Aside Entry of Default 246
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.17
Excerpt: ... lAD-N, LLC'S motion to set aside entry of default Background On November 15, 2019, Plaintiff Tyrone Bernard Woods (“Plaintiff”) filed the instant action against defendant LAD-N, LLC dba Nissan of Downtown LA #310 (“Defendant”) alleging causes of action for (1) Wrongful Termination-Breach of Contract, (2) Wrongful Termination-Public Policy Violation, (3) Breach of Implied Covenant of Good Faith and Fair Dealing, (4) Harassment and Retalia...
2020.09.16 Motion to Compel Deposition of PMK 485
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.16
Excerpt: ...RDER RE: PLAINTIFF'S MOTION TO COMPEL ATTENDANCE OF PERSON MOST KNOWLEDGEABLE FOR GENERAL MOTORS LLC. Background On September 27, 2019, Plaintiff Shahnaz Kardouh (“Plaintiff”) filed the instant action against Defendants General Motors LLC (“Defendant”) and Keyes Chevrolet for (1) Violation of Civil Code § 1793.2(d), (2) Violation of Civil Code § 1793.2(b), (3) Violation of Civil Code § 1973.2(a)(3), (4) Breach of Express Written Warran...
2020.09.16 Demurrer, Motion to Strike 135
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.16
Excerpt: ...ION TO STRIKE THE COMPLAINT Background Plaintiff Natalie Lee (“Plaintiff”) brings this breach of contract action alleging that on December 30, 2013, Defendant Yiling Ma (“Defendant”) executed a Promissory Note with Plaintiff wherein Plaintiff agreed to loan Defendant a total of $100,000, and Defendant agreed to pay back the $100,000 to Plaintiff within two years, together with interest. (Complaint ¶ 10‐11.) Defendant has failed to and ...
2020.09.11 Demurrer 221
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.11
Excerpt: ...20 [TENTATIVE] ORDER RE: DEFENDANT ART COLONY PROPERTY, LLC'S DEMURRER TO THE FIRST AMENDED COMPLAINT Procedural Background On December 2, 2019, plaintiff Santa Fe Art Colony Tenants Association, Inc. (“Plaintiff”) filed the instant action against defendants Art Colony Property LLC (“Defendant”). On June 11, 2020 Plaintiff filed the operative first amended complaint (“FAC”) against Defendant alleging causes of action for (1) Enforceme...
2020.09.10 Demurrer 484
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.10
Excerpt: ...Hearing Date: September 10, 2020 [TENTATIVE] ORDER RE: COUNTY OF MONTEREY'S DEMURRER TO KAISER'S FIRST AMENDED CROSS-COMPLAINT Procedural Background On May 7, 2019, Plaintiff County of Monterey dba Natividad Medical Center (“Natividad”) filed this action against Defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) alleging causes of action arising out of Kaiser's failure to reimburse Natividad at a legally permissible rate. On Septemb...
2020.09.09 Motion for Issue or Evidentiary Sanctions, Request for Monetary Sanctions 306
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.09
Excerpt: ..., 2020 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION FOR ISSUE OR EVIDENTIARY SANCTIONS AND REQUEST FOR MONETARY SANCTIONS Background On April 17, 2019, Plaintiff Adrian Aguilar (“Plaintiff”) commenced this action under the Song-Beverly Act against Toyota Motor Sales, U.S.A., Inc. (“Defendant”) in connection with the purchase of a 2018 Toyota Tacoma. On October 29, 2019, Defendant filed a motion to compel responses from Plaintiff to its reques...
2020.09.04 Motion to Compel Arbitration 897
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.04
Excerpt: ...ENDANT BMW OF NORTH AMERICA, LLC'S MOTION TO COMPEL ARBITRATION Procedural Background On September 30, 2019, plaintiff Aleen Artinian (“Plaintiff”) commenced this action against defendants BMW of North America, LLC and Finchey Corporation of California dba Pacific BMW (collectively “Defendants”) alleging causes of action for (1) Breach of Implied Warranty of Merchantability under the Song-Beverly Act, (2) Breach of Express Warranty under ...
2020.09.04 Demurrer, Motion to Strike 271
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.04
Excerpt: ...20 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRER AND MOTION TO STRIKE PORTIONS OF THE COMPLAINT Procedural Background On February 3, 2020, Plaintiff Jehuda Ayalon (“Plaintiff”) initiated this action against defendants State Farm General Insurance (“State Farm”) and Ron Rauschenberger (“Rauschenberger”) (collectively “Defendants”) alleging causes of action for (1) Negligence, (2) Breach of Fiduciary Duty, (3) Fraud by Concealment, and...
2020.09.01 Motion to Set Aside Entry of Default 287
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.09.01
Excerpt: ...Case No.: 19STLC02287 Hearing Date: September 1, 2020 [TENTATIVE] ORDER RE: CROSS-DEDENDANTS STATE WIDE CONSTRUCTION & REMOLDELING INC. AND YOSSI GRIMBERG'S MOTION TO SET ASIDE ENTRY OF DEFAULT Background On March 4, 2019, Plaintiff Old Republic Surety Company initiated this action with the filing of the complaint in interpleader.[1] On April 17, 2019, defendant Ramin Delavari (“Cross-Complainant”) filed the instant cross-complaint. On May 29...
2020.08.31 Motion to Vacate Dismissal 688
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.08.31
Excerpt: ...ON TO VACATE DISMISSAL plaintiff Anthony Au (“Plaintiff”) commenced the instant action on November 20, 2018. On March 5, 2019, Plaintiff filed the First Amended Complaint against defendants Alba Auto Supply Inc., Allen Nguyen, Altila Tire LLC, ADB Funding LLC, American Koryo Inc., Dao Jing Ji, Cui Jie Zhang and Does 1 to 50 alleging causes of action for (1) breach of stock purchase and sale agreement, (2) breach of guarantee agreement, (3) br...
2020.08.28 Motion to Set Aside Default 261
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.08.28
Excerpt: ...NT GIULIANO'S DELICATESSEN, INC.'S MOTION TO SET ASIDE ENTRY OF DEFAULT Background On June 3, 2019, plaintiff Ana Gallegos (“Plaintiff”) filed the instant action against defendant Giuliano's Delicatessen, Inc. (“Defendant”). On October 16, 2019, Plaintiff filed the operative first amended complaint against Defendant alleging causes of action for (1) Disability Discrimination, (2) Associational Disability/ Medical Condition Discrimination,...
2020.08.27 Demurrer, Motion to Strike 135
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.08.27
Excerpt: ...KE THE COMPLAINT Background Plaintiff Natalie Lee (“Plaintiff”) bring this breach of contract action alleging that on December 30, 2013, Defendant Yiling Ma (“Defendant”) executed a Promissory Note with Plaintiff wherein Plaintiff agreed to loan Defendant a total of $100,000, and Defendant agreed to pay back the $100,000 to Plaintiff within two years, together with interest. (Complaint ¶ 10- 11.) Defendant has failed to and refuses to pa...
2020.08.26 Motion to Compel Further Responses 929
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.08.26
Excerpt: ...IZUKO BERLINER'S MOTION TO COMPEL DEFENDANT KEITH LAFOND'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE Procedural Background On March 14, 2019, Plaintiff Chizuko Berliner (“Plaintiff”) commenced the instant quiet title action. On April 18, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Keith LaFond, Norma LaFond, Irving Berliner, Myron Berliner, B-L Partnership, and Does 1-50 alleging caus...
2020.08.25 Motion to be Relieved as Counsel, to Compel Responses 053
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.08.25
Excerpt: ...100, Defendants. Case No.: 19STCV09053 Hearing Date: August 25, 2020 [TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL Motion to Be Relieved On March 27, 2020, Thomas D. Sands (“Counsel”), filed the instant motion to be relieved as counsel for Plaintiff Zeeba Company Inc. and Cross-Defendants Pony Scooters, Inc., Kambiz Marashi, and Kayvon Marashi (jointly, “Clients”).[1] On May 26, 2020, Plaintiff Zeeba Company Inc. filed a substitu...
2020.07.27 Motion for Leave to Amend Operative Complaint 351
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.27
Excerpt: ...AVE TO AMEND THE OPERATIVE COMPLAINT Background On June 22, 2018, Plaintiff Nature's Produce (“Plaintiff”) filed the instant action alleging construction defect. On July 16, 2019, Plaintiff filed the operative complaint ‐‐ the Second Amended Complaint ‐‐ against defendants Dedeaux Properties LLC (“Dedeaux”), Fullmer Construction (“Fullmer”), R‐Cold, Inc. (“R‐Cold”), and Val Electric Inc. alleging causes of action for (...
2020.07.21 Motion to Compel Further Responses 039
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.21
Excerpt: ... MOTION TO COMPEL KIA MOTORS AMERICA, INC.'S FURTHER RESPONSES TO REQUEST FOR PRODUCTION Background On October 29, 2018, plaintiff Luis H. Rodriguez (“Plaintiff”) filed the instant action against Kia Motors America, Inc. (“Defendant” or “KMA”) alleging causes of action for (1) Breach of Express Warranty pursuant to the Song-Beverly Act, (2) Breach of Implied Warranty pursuant to the Song-Beverly Act, (3) Violation of the Song-Beverly ...
2020.07.21 Motion for Leave to Amend Complaint 358
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.21
Excerpt: ...S 1 TO 100, Defendants. Case No.: 19STCV31358 Hearing Date: July 21, 2020 [TENTATIVE] ORDER RE: PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE OPERATIVE COMPLAINT Background On September 4, 2019, plaintiffs Jane Doe and Jenny Roe (collectively “Plaintiffs”) filed their Complaint in the instant action. On February 3, 2020, Plaintiffs filed a First Amended Complaint (“FAC”) against defendants Lyneer Staffing Solutions LLC, Employers HR LLC, Capa...
2020.07.20 Demurrer 723
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.20
Excerpt: ...July 20, 2020 [TENTATIVE] ORDER RE: DEFENDANTS REGIS HOLDING, LLC AND GEORGE PEYKAR'S DEMURRER TO THE FIRST AMENDED COMPLAINT Background On September 21, 2018, plaintiff Michael Diaz (“Plaintiff”) filed the instant action on behalf of himself and of decedent David Michael Diaz (“Decedent”). On February 7, 2020, Plaintiff filed the operative first amended complaint (“FAC”) against defendants Regis holdings, LLC, George Peykar, Sun Vall...
2020.07.17 Motion to Set Aside Entry of Default, to Quash 959
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.17
Excerpt: ...y 17, 2020 [TENTATIVE] ORDER RE: DEDENDANT TRINITY FINANCIAL SERVICES, LLC'S MOTION TO SET ASIDE ENTRY OF DEFAULT AND TO QUASH Background On October 21, 2016, plaintiff Tracy Pugh and Alicia Fong (‘Plaintiffs') filed the instant action against defendants Ocwen Mortgage Servicing, Inc.[1], ETS Services, LLC[2], Trinity Financial Services, LLC, and Does 1 to 10 exclusive. On September 12, 2019, default was entered against defendant Trinity Financ...
2020.07.17 Motion for Summary Judgment, Adjudication 964
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.17
Excerpt: ...trict (“School District”), Board of Education of the Inglewood Unified School District (“Board of Education”), and Debbie Tate (“Tate”) (collectively “Defendants”). Plaintiff alleges two causes of action against all Defendants (1) slander per se, and (2) intentional infliction of emotional distress. On February 4, 2020, Defendants filed the instant motion for summary judgment or in the alternative summary adjudication. On July 6, ...
2020.07.15 Motion for Attorney Fees 459
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.15
Excerpt: ...ES Background On August 3, 2018, Plaintiff Candice Balisi (“Plaintiff”) filed the instant action against defendant FCA US LLC (“Defendant”), for causes of action arising from the Song-Beverly Act. On September 13, 2019, Plaintiff filed a notice of settlement of the entire case. The only remaining issue was Plaintiff's motion for attorney fees, which was originally set to be heard April 28, 2020. (Minute Order 12/16/19.) On April 1, 2020, ...
2020.07.14 Motion for Reclassification of Action 390
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.14
Excerpt: ...T CORP's and JASMEN H. GHOOKASSIAN'S motion for reclassification of action to limited jurisdiction Background On August 28, 2019, Plaintiff Oksanna Asiryan (“Plaintiff”) filed the instant action against Jasmen H. Ghookassian, Johnhart Corp dba Johnhart Real Estate (collectively “Defendants”), Angela Avetisyan, and Does 1 through 50. This action arises out of Defendants' alleged failure to disclose a cockroach infestation with regard to Pl...
2020.07.13 Demurrer 013
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.13
Excerpt: ...O THE FIRST AMENDED CROSS- COMPLAINT Background On March 5, 2018 plaintiff Jennifer Strohman (“Plaintiff/Cross-Defendant”) filed a complaint against defendant Brooke Heller (“Defendant/Cross-Complainant”) and Does 1 through 25 and nominal defendant Buchalter Nemer, PLC (“Buchalter”) alleging five causes of action for (1) breach of fiduciary duty, (2) breach of written contract, (3) breach of oral contract, (4) breach of implied contra...
2020.07.01 Motion to Compel Further Responses 474
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.07.01
Excerpt: ...nt BEST ENERGY SOLUTIONS AND TECHNOLOGY CORP.. Nonetheless, Plaintiff has not cancelled the reservation on the Court Reservation System (CRS) for its Motion To Compel Defendant Best's Further Responses To Special Interrogatories, Set One. The parties should be prepared to advise at the July 1, 2020 (11:00 am) hearing whether Plaintiff's Motion To Compel Defendant Best's Further Responses To Special Interrogatories, Set One is moot in light of the...
2020.06.25 Motion for Leave to Amend Complaint 254
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2020.06.25
Excerpt: ...PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT Background On April 19, 2018, Plaintiff Bernoldor Hair (“Plaintiff”) filed this action against defendants 2Mangas, Lardas, Rodriguez, and McDonald's USA, LLC erroneously sued as McDonalds, Inc. (Defendant McDonalds), alleging workplace gender and sexual orientation discrimination and harassment based on Government Code sections 12940 et seq. On December 7, 2018, after the Court part...

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