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Location: Los Angeles x
Judge: Bernal, Margaret Miller x
2022.11.08 Demurrer, Motion to Strike 757
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.11.08
Excerpt: ... action on the ground that it fails to state facts sufficient to constitute a cause of action. Plaintiff Rosa Kingsbury alleges that on April 24, 2020, Plaintiff was on the premises of Defendants' grocery store. While shopping, a pallet holding the food gave way, causing physical injuries to Plaintiff, including a fractured hand. (FAC ¶ 11.) Plaintiff alleges that the store employees intentionally refused to assist her, refused to investigate th...
2022.08.31 Motion to Continue Trial, to Sever Cross-Complaints, to Continue Trial 011
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.31
Excerpt: ...LBERTA TIERRA LUNA MANAGEMENT, LLC; PCCP IRG DOWNEY, LLC; and IRG DOWNEY, LLC's Joint Application to Continue Trial and all Related Pre-Trial Deadlines is GRANTED. Moving Parties to give Notice. Plaintiff ALFREDO PEREZ's Joinder to All Oppositions for an Order Continuing the Trial Date filed by Plaintiff Simeta is GRANTED. Cross-Defendant COLONIAL ELECTRIC, INC's Joinder to Cross-Defendant Crew Inc.'s Motion to Continue Trial and Supplemental Bri...
2022.08.04 Application for Preliminary Injunction 326
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.04
Excerpt: ... real property commonly known as 22201 Horst Avenue, Hawaiian Gardens, California 90716 (‘Plaintiff's Property'). [¶] Defendant is the owner of that certain real property commonly known as 22128 Horst Avenue, Hawaiian Gardens, California 90716 (‘Defendant's Property'). Defendant's Property is located directly behind Plaintiff's Property.” (Complaint ¶¶5-6.) “Plaintiff is in the process of obtaining permits to build an Accessory Dwellin...
2022.08.03 Motion to Reclassify 159
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.03
Excerpt: ... Plaintiffs' untimely Oppositions filed on August 1, 2022. Although the Oppositions were due by no later July 21, 2022, the Court waives the procedural defect in the interests of judicial efficiency. (CCP §1005(b).) However, the Court is amenable to a brief continuance in the event that the Moving Parties wish to file a Reply brief in response to Plaintiffs' arguments in Opposition. Motion to Reclassify: Defendants NK PROPERTIES, INC.; MIKE PATE...
2022.08.02 Motion to Intervene 958
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.02
Excerpt: ... pursuant to CCP § 387, and for leave to file the proposed motion to set aside default. [The court notes that Mesa did not file a motion to set aside IBS's default. Instead, Mesa attached the proposed motion to set aside as Exhibit A to its motion to intervene. That motion is not before the court.] Procedural Background This is a wrongful death action commenced on August 12, 2016 by Decedent Ji Oh's survivors against Teachers Insurance and Annui...
2022.08.02 Motion to Compel Further Responses 741
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.02
Excerpt: ... Court DENIES Plaintiff's request to compel Defendant's further responses to Plaintiff's Special Interrogatories (set one), Nos. 3, 4, 5, and 6. Defendant Makita U.S.A., Inc. is ordered to serve code-compliant responses to Special Interrogatories Nos. 1 and 2, without objection, within thirty (30) days of this ruling. Moving Party to give Notice. Background Plaintiff Benjamin C. Watson (“Plaintiff”) filed this action against Defendants Makita...
2022.08.02 Motion for Summary Judgment 258
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.02
Excerpt: ...CCP § 437c. OBJECTIONS Defendant's Objections 1-24 to Preston Declaration are overruled. PLEADINGS The Complaint alleges that Plaintiff Sara Taylor fell out of the window of her second story bedroom while residing at an apartment building owned by Defendant Teen Challenge of Southern California, Inc. The Complaint assets a single cause of action for Negligence – Premises Liability. STANDARD A defendant moving for summary judgment/adjudication ...
2022.08.02 Demurrer 237
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.08.02
Excerpt: ...fendant Jung to give NOTICE. Defendants JJB, Inc. and Jung demur to the 1 st – 2 nd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. This action sounding in defamation was filed by Plaintiff Jae Dong Tak (pro per) on April 21, 2021. The operative Second Amended Complaint (“SAC”) alleges that on April 3, 2021, Tak was in the course of playing golf with crucial busines...
2022.06.09 Motion for Summary Judgment, Adjudication 968
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.06.09
Excerpt: ...Judgment as to Cross-Complainant KOVATCH MOBILE EQUIPMENT CORP.'s Cross-Complaint is DENIED. The Alternative Motion for Summary Adjudication as to Cross-Complainant KOVATCH MOBILE EQUIPMENT CORP.'s Cross- Complaint is DENIED. Opposing Party(s) to give Notice. This product liability action was filed by Plaintiff ELBERT MILLENDER (“Plaintiff”) on July 31, 2020. Plaintiff alleges the following relevant facts: “On February 28, 2019, while Plain...
2022.06.09 Demurrer, Motion to Strike 159
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.06.09
Excerpt: ...ersonal injury action was filed by Plaintiff SADIE KRAFT (“Plaintiff”) on August 12, 2019. Plaintiff alleges that “[o]n or about August 12, 2017, Plaintiff… checked in at the hotel…. [¶] On or about August 16, 2017, [Plaintiff] discovered multiple bite marks on her body, but was unsure of the cause.” (FAC ¶¶16-17.) “On or about August 20, 2017, [Plaintiff] sought medical care… where she was diagnosed with bedbug bites….” (F...
2022.06.08 Motion to Dissolve Preliminary Injunction 801
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.06.08
Excerpt: ...sel's motion to withdraw as counsel of was granted on April 27, 2022, and Plaintiffs have been self-represented since April 27, 2022. This action for wrongful foreclosure was filed on December 3, 2021. On December 22, 2021, the Court issued Plaintiffs' request for preliminary injunction against Defendant, enjoining them from conduct in connection with the property located at 10618 Lesterford Avenue, Downey, CA 90241. In the instant Motion, Defend...
2022.06.08 Motion for Terminating Sanctions 236
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.06.08
Excerpt: ...g to respond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including mon...
2022.06.07 Motion to Strike Claim of Punitive Damages 562
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.06.07
Excerpt: ...od Group, Inc. move to strike punitive damages pursuant to CCP §§ 435-436 from Plaintiffs Ibarra, et al.'s Second Amended Complaint. On January 6, 2021, Plaintiffs Ana Jimenez, Brenda Jimenez, and Edgar Jimenez (collectively Jimenez Plaintiffs) filed the lead action, Case No. 21STCV00562. The Jimenez Plaintiffs allege that Decedent Ma Esther Leticia Osyguss suffocated and died on December 1, 2020 due to a liquid nitrogen leak. The operative Jim...
2022.06.07 Motion for Summary Judgment, Adjudication 474
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.06.07
Excerpt: ...s to Issue 11. As no triable issues remain regarding claims against individual Defendant Shea, summary judgment is GRANTED. IV. Defendant Our Best Life, Inc.'s motion for summary adjudication is DENIED as to as to Issues 1‐9, 11, 13, 17‐19, and GRANTED as to Issues 10, 12, and 14‐16. As triable issues remain, motion for summary judgment is DENIED. V. Defendant Huntington Park Dental's motion for summary adjudication is DENIED as to as to Is...
2022.04.08 Motion for Trial Preference 447
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2022.04.08
Excerpt: ...riday, June 10, 2022 at 9:30 a.m. in Dept. SE-F. III. OSC re: Answer/Responsive Pleading to the First Amended Complaint is CONTINUED to Friday, June 10, 2022 at 9:30 a.m. in Dept. SE-F. Plaintiff to give Notice. On March 15, 2022, the Court of Appeal affirmed this Court's Order denying Defendants' Motion to Compel Arbitration. However, to date, no Remittitur has been issued. “[A]n appeal from the denial of a motion to compel arbitration automat...
2021.09.29 Motion for Trial Preference 447
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2021.09.29
Excerpt: ...phocytic Leukemia and is expected to pass away within the next six months of less. In Opposition, Defendant argues: (1) that this Court has no authority to consider the question of whether Plaintiffs are entitled to trial preference because there is an arbitration agreement between the parties; and (2) Plaintiffs have failed to meet their burden to demonstrate good cause for a trial preference. “In its discretion, the court may… grant a motio...
2021.06.15 Motion to Strike, Demurrer 719
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2021.06.15
Excerpt: ...D as untimely. III. Cross-Defendants Sosa Jr. and The Sosa Corporation's motion to strike is DENIED as untimely. Cross-Defendants Sosa Jr. and The Sosa Corporation are ORDERED to file and serve their Answers within 10 days. Cross-Complainant Hernandez to give NOTICE. Procedural History This case involves multiple parties, actions, and cross-actions, some of which have been dismissed and/or settled. On 9/16/20 and 2/9/21, counsels represented to t...
2021.06.15 Motion to Compel Compliance with Discovery Order 429
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2021.06.15
Excerpt: ...ases filed primarily by the same Plaintiff's firm. This court's docket has been filled with the same discovery motions, seeking the same category of documents, and involving many of the same issues. To assist the parties in these cases, this court has been issuing discovery orders at the case management conferences and in response to discovery motions filed in cases of this type. The court's previous 9/1/20 order was issued prior to this court's ...
2021.06.15 Motion for Leave to File Complaint 287
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2021.06.15
Excerpt: ...ey fail to state facts sufficient to constitute causes of action and are uncertain. The Complaint alleges that the premises that Plaintiffs leased from Defendant had mold infestation and asbestos, causing injuries. The Complaint asserts causes of action for: 1. Breach of Contract 2. Breach of Implied Warranty of Habitability 3. Breach of Implied Warranty of Quiet Enjoyment 4. Negligence 5. Constructive Eviction 6. Nuisance 7. Breach of the Covena...
2021.06.15 Demurrer, Motion to Strike 712
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2021.06.15
Excerpt: ...ey fail to state facts sufficient to constitute causes of action and are uncertain. The Complaint alleges that the premises that Plaintiffs leased from Defendant had mold infestation and asbestos, causing injuries. The Complaint asserts causes of action for: 1. Breach of Contract 2. Breach of Implied Warranty of Habitability 3. Breach of Implied Warranty of Quiet Enjoyment 4. Negligence 5. Constructive Eviction 6. Nuisance 7. Breach of the Covena...
2020.05.11 Motion for New Trial 915
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2020.05.11
Excerpt: ...ict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented fr...
2020.01.30 Motion for Summary Judgment, Adjudication 811
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2020.01.30
Excerpt: ...ment as to Plaintiffs MILAGERDY and DAVIS's Complaint is GRANTED. Defendant ABE SIANI's Alternative Motion for Summary Adjudication of MILAGERDY and DAVIS's first through fourth causes of action are MOOT. III. Defendant ABE SIANI's Motion for Summary Judgment as to Plaintiffs ADELI and SAPIEN's Complaint is GRANTED. Defendant ABE SIANI's Alternative Motion for Summary Adjudication of ADELI and SAPIEN's fifth cause of action is MOOT. Court Clerk t...
2020.01.30 Demurrer, Motion to Strike 600
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2020.01.30
Excerpt: ...intiff's First Amended Complaint is DENIED in part and GRANTED with 30 days leave to amend in part. III. Defendants AB SAFE HAVEN PALLIATIVE & HOSPICE CARE, INC. and ZG INTERNATIONAL HEALTHCARE DIVISION's demurrer to Plaintiff's First Amended Complaint is OVERRULED. C.C.P. § 430.10(e). IV. Defendants AB SAFE HAVEN PALLIATIVE & HOSPICE CARE, INC. and ZG INTERNATIONAL HEALTHCARE DIVISION's motion to strike portions of Plaintiff's First Amended Com...
2020.01.30 Demurrer, Motion to Strike 536
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2020.01.30
Excerpt: ...aud was filed by Plaintiff ANGELO WANG on August 31, 2017. Plaintiff alleges “WANG hired AMGREEN SOLAR & ELECTRIC…to perform home improvement work and repairs of certain real property located at 21438 Wardham Avenue, Lakewood, CA, 90715 in the City of Lakewood, County of Los Angeles, State of California (referred to herein as ‘PROJECT').” (5AC ¶2.) “WANG is informed, believes, and thereon alleges, that from the start date of the PROJEC...
2020.01.28 Motion to Strike 816
Location: Los Angeles
Judge: Bernal, Margaret Miller
Hearing Date: 2020.01.28
Excerpt: ...ndation Health Plan, Inc. (“Kaiser”) moves to strike punitive damages and attorney's fees pursuant to CCP 431.10(b) and CC 3294. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a cour...

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