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2024.02.23 Motion for Attorney Fees 392
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2024.02.23
Excerpt: ... for Admission (“RFA's”) in discovery. ANALYSIS A. Plaintiff's Motion for Attorney's Fees/Cost of Proof Sanctions Plaintiff seeks “cost of proof” attorney's fees and costs per § CCP 2033.420 based on Defendant's failure to admit certain Requests for Admission. Defendant asserts that the motion should be denied as it “had reasonable ground to believe . . . [he] would prevail on the matter,” and/or that he had “other good reason for ...
2024.01.05 Motions to Tax Costs 717
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2024.01.05
Excerpt: ...dum seeking $1,242,105.31 in costs. Both Defendants now move to tax those costs. A hearing was held on these is motions on 12/15/23, at which time this Court asked for additional briefing on Defendant Dakovic's argument that CCP 998(h) limits expert fees to trial testimony only. This Court has now read the supplemental briefs on this issue and analyzes it in Section IV.B.4(a) below. Only this paragraph and that new Section are new and delineated ...
2023.12.14 Motions to Tax Costs 717
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2023.12.14
Excerpt: ...seeking $1,242,105.31 in costs. Both Defendants now move to tax those costs. II. THRESHOLD PROCEDURAL ISSUES A. Dakovic Objection to Length of P Opposition Brief Dakovic objects to P's 23 page Opposition Brief under CRC 3.1113(b) [opposing briefs cannot exceed 15 pages]. Dakovic is correct, but rather than striking P's Opposition Brief in total, instead this Court strikes pages 16-23 of their Opposition Brief. B. P Objection to Timeliness of Dako...
2023.11.28 Motion for Judgment Notwithstanding the Verdict, for New Trial 667
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2023.11.28
Excerpt: ... on the property of Crystal Hotel and Casino. Defendant ACI owned the Crystal Hotel whereas Defendant Celebrity Casinos owned the Casino. Defendant ACI settled out just before trial and so trial proceeded only as against Defendant Celebrity Casinos. After a 9 day jury trial, the jury found for Plaintiffs and awarded approximately $52K to Plaintiff Michael Slocum and approximately $25K to Plaintiff Kendra Slocum. The jury also apportioned 10% faul...
2023.11.17 Motion for New Trial, for Judgment Notwithstanding the Verdict 717
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2023.11.17
Excerpt: ...ts JMM and George Dakovic and Sons. On 6/26/23, the jury found both Defendants responsible for exposing Metzger to asbestos from Defendant JMM's pipes and from Defendant Dakovich & Sons' cutting of asbestos containing pipe in Metzger's presence. The jury found that such exposures caused Mr. Metzger to contract mesothelioma which eventually killed him. The jury verdict awarded to Mr. Metzger's estate approximately $3.6M, Gail Metzger $4M, and daug...
2023.10.26 Motion to Tax Costs 641
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2023.10.26
Excerpt: ...ount rendered by the jury. Defendant (“D”) seeks in the instant motion to tax certain of P's requested costs. II. CHALLENGED COSTS A. Item 1: Filing and Motion Fees: Ex Parte Filing to Oppose Continuance ($ 60) D asserts that P's filing fee for opposing P's ex parte application to continue the trial was not reasonable or necessary. This Court disagrees and DENIES the taxing of this filing fee cost. B. Item 8: Witness Fees: P Witness George Gr...
2023.07.13 Motion to Tax Costs 873
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2023.07.13
Excerpt: ...efendant T&T Trucking had previously dropped a large commercial metal pipe onto the highway which the CR England tractor trailer then collided with. This in turn caused the CR England truck to lose control and strike P's truck. Plaintiff sued both Defendants and the jury returned a verdict for Plaintiff against Defendant T&T Trucking but not against Defendant CR England. After the verdict was rendered, both Plaintiff and Defendant CR England both...
2023.04.28 Motion for Judgment Notwithstanding the Verdict, for New Trial 226
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2023.04.28
Excerpt: ...lly: P claimed he suffered a shoulder injury from the collision which necessitated various medical treatnlents including surgery. After an 8 day jury trial, on 2/27/23 the jury returned a verdict finding that D's negligence had caused harm to P, but awarded no monetary damages. P now brings the instant motions for JNOV and for a new trial on the grounds that the verdict was not supportable by the evidence. D argues that these motions are time bar...
2022.11.01 Motion for Rescission, for Attorney Fees 351
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.11.01
Excerpt: ... had agreed to stay in the leased apartment for only 1 year. The lease agreement was unenforceable as against public policy as it attempted to have D waive tenant protections under the Los Angeles Rent Stabilization Ordinance (“LARSO”). In spite of this, P's theory was that D defrauded them when she promised she would move out after a year knowing that she had no intention of doing so. After the year's lease expired, D did not vacate. After a...
2022.10.27 Motion for Award of Costs, for Judgment Notwithstanding the Verdict, to Strike or Tax Costs 496
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.10.27
Excerpt: ...“D”) admitted liability and trial proceeded only as to non-economic damages suffered by Plaintiff (“P”). After an 8 day jury trial, on 8/3/22 the jury awarded P a total of $15,000 for past non-economic damages and none for any future non-economic damages. Five months prior to verdict, on 3/14/22 D made an offer to settle for the amount of $90,000 per CCP § 998 which was not accepted by P. Because P did not recover more than the $90K sett...
2022.10.06 Motion for Mistrial, for Terminating or Monetary Sanctions, to Disqualify Counsel, for Sanctions 403
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.10.06
Excerpt: ...h action brought by Plaintiffs (“P”) against Defendant's medical center (“D”), alleging that inadequate medical care regarding worsening bed sores led to the death of P's family member, decedent Edroy Brewer (“decedent”). The issue in this motion centers around both parties having had contact with the same juror consultant, Marshall Hennington (“Consultant”). These contacts have let to P's allegation in this motion that their priv...
2022.09.27 Motion for Terminating or Monetary Sanctions 486
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.09.27
Excerpt: ...ndant's medical center (“D”), alleging that inadequate medical care regarding worsening bed sores led to the death of P's family member, decedent Edroy Brewer (“decedent”). Voir dire began on 6/28/22 in which 2 panels of prospective jurors were brought in and time qualified. Those that were time qualified were given juror questionnaires to fill out which were completed, and copies provided to counsel in preparation for jury selection. On ...
2022.08.22 Motion for New Trial 630
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.08.22
Excerpt: ...ce Without repeating all the factual assertions contained in D's Opposition Brief, pps. 4-7, this Court finds that there was more than adequate evidence to support the jury's rejection of P's claim of past and future damages. As pointed out by D, there was more than sufficient evidence to cast doubt upon P's credibility and therefore his claims of damages suffered or P's assertion that those damages were caused by the accident. While the evidence...
2022.05.24 Motion to Tax Costs 939
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.05.24
Excerpt: ... Memorandum seeking $15,285.80 in costs. Defendant files this Motion to Tax Costs seeking to reduce that request by $5,588.19. II. FEES AT ISSUE A. Videotaped Depos Defendant challenges video processing charges of $1,618 for depositions of 2 of P's medical experts who eventually testified live at trial, which Defendant argues mooted the necessity for the videotaped testimony and was therefore not “reasonably necessary to the conduct of the liti...
2022.03.02 Motion for Attorney Fees, to Tax Costs 381
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2022.03.02
Excerpt: ...21 finding D 85% liable and P 15% comparatively negligent and awarded past and future damages (after applying the 15% comparative negligence reduction to the gross award of $770,000) to P in the net amount of $654,500. P now brings this motion for attorney's fees via “cost of proof sanctions,” seeking $288,900 and additional costs of $102,523.85. P has also submitted his Memorandum of Costs seeking $106,271.09, including expert fees on the th...
2021.12.10 Motion for Attorney Fees, to Tax Costs 242
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2021.12.10
Excerpt: ...he jury rendered a verdict on 9/17/21 and found D 65% liable and P 35% comparatively negligent and awarded past and future damages in the amount of $574,542.71. Applying the 35% discount for comparative negligence, the judgment against D nets out at $375,452.756. P brings her motion for attorney's fees via cost of proof sanctions, seeking $129,726.20. P has submitted her Memorandum of Costs requesting $183,076.73. D has moved to strike P's Cost M...
2020.10.22 Motion for Summary Judgment, Adjudication 528
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2020.10.22
Excerpt: ...ovisions regarding excessive usage of 2 common areas: (1) loading dock area (alleging storing freezer trucks there), and (2) immediate front of the Ralphs Supermarket (alleging daytime storage of shopping carts). Plaintiff brings this motion for summary judgement or in the alternative for summary adjudication of 14 affirmative defenses asserted by Defendant. TENTATIVE RULING I. SUMMARY JUDGMENT This Court DENIES Plaintiff's MSJ on the grounds: 1....
2020.10.22 Motion for Reconsideration 281
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2020.10.22
Excerpt: ... Both Defendants answered, but only Defendant Flores appeared and proceeded to trial on 5/26/10. Movant/Defendant McManis failed to appear and was tried in absentia. Judgement was rendered for Plaintiff against both Defendants including damages of $10,731.58 against Movant McManis. Ten years later, on March 13, 2020, Plaintiff sought and was granted a renewal of his Judgment as there were still unpaid damages outstanding. Movant McManis filed her...
2019.9.6 Motion for Attorney's Fees 673
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.9.6
Excerpt: ...laintiff is an attorney who represented Defendant Vanessa Raicevic in a prior UD action. Vanessa failed to pay for the fees and costs incurred on her behalf in the UD action. Plaintiff also alleges that Vanessa's brother, Defendant Rade Raicevic interfered with the contract between Plaintiff and Vanessa and caused Vanessa to fire Plaintiff. A. COMPLAINT FILED ON 1-11-18 1st c/a—promissory fraud 2nd c/a—breach of contract 3rd c/a—common coun...
2019.8.9 Motion to Tax Costs 190
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.8.9
Excerpt: ...ade a CCP § 998 offer of waiver of costs to Plaintiffs which was rejected. As the prevailing party, Defendant now seeks $163,545.97 in expert fees. I. VALIDITY OF § 998 OFFER Initially, Plaintiff asks this Court to strike Defendant's § 998 offer as not being in good faith, unreasonable, and too early in the discovery process. This Court rejects these arguments. The glaring weakness in Plaintiff's case was the inability to prove causation; spec...
2019.8.2 Motion for New Trial 190
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.8.2
Excerpt: ...verdict. Specifically, the jury found that the railing on the bridge and surrounding area that the deceased went over was not a dangerous condition. Plaintiff brings this Motion for a New Trial on the following bases addressed below. 1. Reweighing the Evidence This Court finds that there was more than sufficient evidence to support the jury's finding that the bridge was not a dangerous condition, including evidence that there had never been any r...
2019.5.1 Motion for Retrial of Punitive Damages Phase 279
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.5.1
Excerpt: ...ciary duty, and fraudulent transfer. Plaintiffs also sought punitive damages in a bifurcated phase. After a 4 week jury trial, on 4/5/19, the jury returned a verdict for Plaintiffs and found that Defendants had committed the violations with malice, oppression, or fraud. After immediately proceeding to the punitive phase of the trial, a mistrial had to be declared as two jurors were no longer able to serve after 4/5/19. Plaintiff now moves to try ...
2019.4.3 Petition to Compel Arbitration 168
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.4.3
Excerpt: ...UBJECT: COMPEL ARBITRATION MP: Defendant Sunrise Senior Living Management, Inc. d/b/a Sunrise Assisted Living of Santa Monica RP: Plaintiff Linda Kunimoto, by and through her successor-in-interest, Ann Kunimoto TENTATIVE RULING: GRANT I. BACKGROUND This is a medical malpractice and elder abuse case where Plaintiff decedent Linda Kunimoto (“Plaintiff”), by and through her successor-in-interest, Ann Kunimoto alleges that she was a patient at De...
2019.3.27 Motion to Seal Records 489
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.3.27
Excerpt: ...L RECORD TENTATIVE RULING: DENY without prejudice Defendant Manon Hennesy (“Defendant”) made this motion for an order sealing records because Defendant claims that some documents at issue disclose highly confidential and sensitive personal and/or business information. The specific documents involve personal information, tax information, and property information. ANALYSIS Under CRC Rule 2.550(c), Court records are presumed to be open. CRC Rule...
2019.3.26 Motion for Summary Judgment 055
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.3.26
Excerpt: ...T: MOTION FOR SUMMARY JUDGMENT MP: Plaintiff TBF Financial I, LLC RP: Defendant Farshad F. Tehrani TENTATIVE RULING The Court GRANTS the Motion for Summary Judgment. BACKGROUND Factual Plaintiff TBF Financial I, LLC (“Plaintiff”) sued Defendant Farshad F. Tehrani (“Defendant”) for damages based on allegations that Defendant did not pay for the rental of printer equipment according to a lease. Plaintiff TBF Financial I, LLC (“Plaintiff�...
2019.3.12 Motion to Compel Further Responses 984
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.3.12
Excerpt: ... (1) MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANTS/ CROSS-COMPLAINANTS TESLA WALL SYSTEMS, LLC AND ASIS MANUFACTURE QC LTD TO SPECIAL INTERROGATORIES (SET TWO) (2) MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANTS/ CROSS-COMPLAINANTS TESLA WALL SYSTEMS, LLC AND ASIS MANUFACTURE QC LTD TO REQUESTS FOR PRODUCTION (SET ONE) MP: Plaintiff/Cross-defendant Tower Glass, Inc. RP: Defendants/Cross-complainants Tesla Wall Systems, LLC and Asis Manufa...
2019.3.12 Motion for Summary Adjudication 912
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.3.12
Excerpt: ...o all but the 8 th COA BACKGROUND This action arises out of a lengthy business relationship between ANSA and Paradice Decorating Company. ANSA is the owner and operator of the L.A. Auto Show and Lisa Kaz is its principal. For years, ANSA entered into annual written contracts with Paradice to provide services such as drayage, freight, installations, carpeting and design for exhibitor displays for The LA Car Show (the “Show”). In 1997, the fina...
2019.3.7 Motion for Summary Judgment 221
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.3.7
Excerpt: ... Defendant WPS Parking Systems USA Corp. RP: Plaintiff Anna Moskowitz BACKGROUND Plaintiff alleges that on October 12, 2015, Defendants negligently maintained their property to allow a parking arm gate that could move up and down dropped onto her head as she walked underneath it. On April 3, 2018, Plaintiff filed a doe amendment, adding WPS Parking Systems USA Corp. as a defendant. COMPLAINT – filed January 26, 2017 1. Negligence 2. Premises li...
2019.2.26 Motion for Judgment on the Pleadings 760
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.26
Excerpt: ...MP: Defendants and Cross-Complainants SCRV SPE 1, LP, FFLP SPE 1 LP, SPI 555 SPE 1 LP; RS 555 SPE 1 LP; DW 555 SPE 1 LP; Verbena SPE 1 LP; REP WRC SPE I LP; SCRV SPE 2 LP; FFLP SPE 2 LP; SPI 555 SPE 2 LP; RS 555 SPE 2 LP; DW 555 SPE 2 LP; Verbena SPE 2 LP; and REP WRC SPE 2 LP (collectively, “Cross-Complainants”) RP: Plaintiffs Neil Shekhter (“Shekhter”) and NMS Properties, Inc. (“NMS Properties”) BACKGROUND Plaintiffs Neil Shekhter; ...
2019.2.26 Demurrer, Motion to Strike 404
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.26
Excerpt: ... AMENDED COMPLAINT (2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT MP: Defendant Defendants Andre Khansari and Khansari Law Corp., APC RP: Plaintiff Perrin Disner BACKGROUND Plaintiff Perrin Disner sues Defendants Andre Khansari and Khansari Law Corp., APC, for damages based on allegations that Defendants requested that Plaintiff perform services related to all Prop 65 cases for a particular client, to be filed by defendant law firm. On ...
2019.2.21 Motion to Compel Further Responses 507
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.21
Excerpt: ...SPONSES FROM DEFENDANTS FARAH LARRABEE PROPERTY, LLC AND SUZY FARAH MONTGOMERY TO REQUESTS FOR PRODUCTION (SET ONE) BY PLAINTIFF KEITH E. COOPER MP: Plaintiff Keith E. Cooper RP: Defendants Farah Larrabee Property, LLC and Suzy Farah Montgomery BACKGROUND Plaintiff Keith E. Cooper sued Defendants Farah Larrabee Property, LLC and Suzy Farah Montgomery for damages based on allegations Defendants have persisted in harassment and tortious conduct aga...
2019.2.21 Motion to Quash Service of Summons 423
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.21
Excerpt: ...Netflix. Netflix filed a Cross-Complaint alleging that Fox had a widespread practice of using fixed-term employment agreements for typically at-will employees, consequently unlawfully restricting their mobility under California law. Plaintiffs Twentieth Century Fox Film Corporation (“TCFFC) and Fox 21, Inc. (“Fox 21”) join in the Motion to Quash Service of Cross-Complaint and Summons filed by Fox Entertainment Group, LLC (“FEG”) and Fox...
2019.2.21 Demurrer 887
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.21
Excerpt: ...rovided by the [nutrition program” and “knew, or should have known, that preventing [him] from coming to the [senior center] would cause him significant harm, both from the lack of access to food and by suffering insecurity and distress occasioned by the loss of ability to feed himself.” FAC ¶27. He also alleges a reasonable person in defendant's position would not have suspended him from the program. Plaintiff argues defendants owe him a ...
2019.2.19 Demurrer, Motion to Strike 341
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.19
Excerpt: ... TO FIRST AMENDED COMPLAINT (2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT MP: Defendants Lifescript Asset Acquisition Corp. d/b/a Parent Media Group and James Stock RP: Plaintiff MGID, Inc. BACKGROUND Plaintiff MGID, Inc. (“MGID”) sued Defendants Lifescript Asset Acquisition Corp. d/b/a Parent Media Group (“PMG”) and James Stock (“Stock”) for damages based on Defendants failure to pay for services rendered. MGID offers onli...
2019.2.19 Motion for Judgment on the Pleadings 554
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.19
Excerpt: ...00100013000f0004000c00 110017> MP: Defendant Nationstar Mortgage, LLC RP: Plaintiffs Thomas Lei and Katherine W. Lu BACKGROUND <009000870003001a01e400 00030007008700880087>ndants BAC Home Loans Servicing, LP, Nationstar Mortgage LLC, Ten-X, LLC dba Auction.com, Barrett Daffin Frappier Treder & Weiss LLP based on Plaintiffs not being conveyed certain real property. On August 15, 2017, Plaintiffs filed the first amended complaint. Before this actio...
2019.2.14 Motion to Compel Further Responses, Request for Monetary Sanctions 130
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.14
Excerpt: ...0042[_______________ SUBJECT: MOTION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF/CROSS- DEFENDANT VD&C VARIETY DEVELOPMENT AND CONSTRUCTION TO SPECIAL INTERROGATORY NO. 51 BY DEFENDANT/CROSS- COMPLAINANT JACK ABAIAN DBA IMPERIAL WINDOWS AND DOORS <0024002c00310024003100 00250024002c00240031[ DBA IMPERIAL WINDOWS AND DOORS' REQUEST FOR MONETARY SANCTIONS MP: Defendant/Cross-Complainant Jack Abaian dba Imperial Windows and Doors RP: Plaintiff/Cross-...
2019.2.14 Motion for Contempt, Sanctions 731
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.14
Excerpt: ...D SANCTIONS INCLUDING AWARD OF ATTORNEY FEES AGAINST JUDGMENT DEBTOR PINEAPPLE EXPRESS, INC. MP: Judgment Creditor/Cross-complaint Sean Cunningham RP: Judgment Debtor/Cross-defendant Pineapple Express, Inc. BACKGROUND <00530053004f0048000300 0003002c005100460011[ filed this action against Defendant Sean Cunningham. On August 17, 2017, Cunningham filed a cross-complaint against Pineapple Express. It appears that the complaint was dismissed on Octo...
2019.2.13 Motion for Determination of Good Faith Settlement 839
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.13
Excerpt: ..._________ SUBJECT: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT MP: Non-party/former Cross-defendant Sandy Hutchens RP: Defendant/Cross-defendant Western Built Construction, Inc. BACKGROUND <005100470003002d004800 0003002f005200530048[z sued Defendants Western Built Construction, Inc., Southern California Edison Company, BMB Commercial Corp., and Restoration Hardware, Inc., for damages based on allegations that Defendants negligently maintai...
2019.2.7 Motion for Summary Judgment, Adjudication 415
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.7
Excerpt: ...R SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR SUMMARY ADJUDICATION OF ISSUES MP: Defendants Cyber Medical Imaging, Inc. dba XDR Radiology, Joel Karafin, and Douglas Yoon RP: None filed as of 2/4/19 (Opposition was due 1/24/19) BACKGROUND Plaintiff Shireen Daytona sued Defendants Cyber Medical Imaging, Inc. dba XDR Radiology, Joel Karafin, and Douglas Yoon for damages based on allegations that she was discriminated against in her employment and...
2019.2.7 Motion for Attorney's Fees 570
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.7
Excerpt: ...endant Precise Surgical, LLC BACKGROUND Per the complaint, on 1/1/15, Plaintiff Precise Surgical LLC entered into a written agreement with Defendants to purchase Defendant Multispecialty Surgical Group, Inc.'s (“MSG”) accounts receivable (the “Precise Agreement”). Under the agreement, the parties were to re-evaluate the sale price of the accounts receivable after six months of operation. After the first six months, Plaintiff ceased making...
2019.2.7 Motion for Leave to File Amended Complaint 760
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.7
Excerpt: ...laint MP: Plaintiffs/Cross-Defendants Neil Shekhter, Christine Hayworth, Jeniffer Miranda, Kate Mediana, Sergio Quintana, Nelly Padilla, Olena Polender, Abel Serrano, Nader Esmailzadeh, Leo Villalobos, Jeff Paynton, Maggie Miguel, NMS Properties Inc., and NMS Capital Partners I, LLC RP: (1) Defendants P6 LA MF Holdings SPE, LLC, AEW Capital Management, L.P., AEW Partners VI, L.P., AEW VI, L.P., AEW Partners VI, Inc., Eric Samek, Marc Davidson, an...
2019.2.7 Motion to Compel Further Responses, Production of Docs 009
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.7
Excerpt: ... FURTHER RESPONSES FROM PLAINTIFFS/CROSS-DEFENDANTS MICHAEL “DOOMA” WENDSCHUH AND DOOMA WENDSCHUH, LLC TO REQUESTS FOR PROUDUCTION (SET ONE) BY DEFENDANT/CROSS-COMPLAINANT DANIEL W. CLEMENS <0033003500320027003800 00030027003200260038[MENTS FROM PLAINTIFFS/CROSS-DEFENDANTS MICHAEL “DOOMA” WENDSCHUH AND DOOMA WENDSCHUH, LLC TO REQUESTS FOR PROUDUCTION (SET ONE) BY DEFENDANT/CROSS-COMPLAINANT DANIEL W. CLEMENS MP: Defendant/Cross-Complainan...
2019.2.5 Demurrer, Motion to Strike 507
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.2.5
Excerpt: ...003300240035>T OF DEFENDANTS FARAH LARRABEE PROPERTY, LLC AND SUZY FARAH MONTGOMERY'S FIRST AMENDED ANSWER MOVING PARTY: Plaintiff Keith E. Cooper RESP. PARTY: Defendants Farah Larrabee Property, LLC and Suzy Farah Montgomery BACKGROUND This Motion: Plaintiff Keith E. Cooper demurs to all of the causes of action in Defendants Farah Larrabee Property, LLC and Suzy Farah Montgomery's First Amended Answer. Plaintiff also moves to strike all or parts...
2019.1.31 Motion to Vacate Default, to Matter for Trial 770
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.1.31
Excerpt: ...ARTY: [none] <0003000300030003000300 00030003000300030003[BACKGROUND Plaintiffs alleges they and defendants entered into a residential purchase agreement pursuant to which defendants agreed to buy certain real property in exchange for payment of $2,000,000.00. However, defendants breached the agreement by failing to close escrow pursuant to the terms of the contract. Plaintiffs also allege defendants agreed to lease the property for a certain per...
2019.1.31 Motion to Tax Costs 700
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.1.31
Excerpt: ...Plaintiff Kenneth Woo <0003000300030003000300 00030003000300030003[BACKGROUND This Motion: Defendant Phillip Roman and Company moves the Court for an order taxing costs totaling $437,150.00 from Plaintiff Kenneth Woo's Memorandum of Costs. TENTATIVE RULING Defendant Phillip Roman and Company's Motion to Tax Costs is GRANTED, as to items 1, 10, 11, and 13, and DENIED, as to item 4. The Court STRIKES the following costs: item 1, $775.00; Item 10, $...
2019.1.31 Motion for Summary Judgment, Adjudication 221
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.1.31
Excerpt: ...rking Management, Inc., Essex Monarch Santa Monica Apartments, L.P. and Santa Monica Affordable Partners, L.P. RESP. PARTY: Plaintiff Anna Moskowitz <0003000300030003000300 00030003000300030003[BACKGROUND Plaintiff alleges she suffered injuries when a parking gate arm fell on her. This Motion: Defendants Ace Parking Management, Inc., Essex Monarch Santa Monica Apartments, L.P. and Santa Monica Affordable Partners, L.P. move for summary judgment o...
2019.1.29 Motion to Deem Truth of Matters, for Monetary Sanctions 867
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.1.29
Excerpt: ...UBJECT: Motion to Deem the Truth of Matters Specified in Requests for Admission, Set One to Each of John Humble, Paula Dobbins, Lillian Crick and Josh Crick Admitted and Conclusively Established; Request for Order Awarding Monetary Sanctions MP: Plaintiff Jerold Block RP: Defendants John Humble, Paula Dobbins, Lillian Crick, and Josh Crick BACKGROUND Plaintiff Jerold Block and his associated LLCs have brought this action for damages and injunctiv...
2019.1.29 Demurrer, Motion to Strike 614
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.1.29
Excerpt: ...003001600110003> ASSAULT; 4. BATTERY; 5. FALSE IMPRISONMENT; AND 6. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS <0003003600370035002c00 00320031003600030032>F AMY BEAL'S CROSS- COMPLAINT FILED ON JULY 17, 2018 MOVING PARTY: Plaintiff/Cross-Defendant Carter Beal RESP. PARTY: Defendant/Cross-Complainant Amy Beal BACKGROUND Dispute between married couple. Divorce action is pending. Complaint: (1) Tort of Domestic Violence under Civil Code § 1708.6...
2019.1.25 Motion for Summary Judgment, Adjudication 052
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2019.1.25
Excerpt: ...cation MOVING PARTY: Defendant Michael Carbonaro RESP. PARTY: Plaintiff Beth Einhorn <0003000300030003000300 00030003000300030003[BACKGROUND Plaintiff Beth Einhorn was the creator, writer, and director of the comedic sketch titled Magic Clerk during the time it aired on NBC'sTonight Show in 2011 and 2012. The segment employed a hidden camera where the “Magic Clerk” character posed as a convenience store clerk engaging unsuspecting customers w...
2018.8.9 Motion for Costs and Attorney's Fees 543
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.8.9
Excerpt: ...003000c> <0003000300030003000300 030003000c> <0003000300030003000300 00030003000c> <0003000300030003000300 00030003000300030003> Defendant Kenne moves for costs after having prevailed in this unlawful detainer action via Summary Judgment granted on 6/8/18. Defendant has submitted an amended Memorandum <0047004400510057000300 00490003005600480048>ks to tax these costs. Defendant has obtained a fee waiver for all costs and therefore any costs award...
2018.7.26 Motion for Mistrial, for New Trial, for Judgment Notwithstanding Verdict, to Tax Costs 712
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.7.26
Excerpt: ...ase in which surviving children of Ms. Gomez sued Defendant for negligent asbestos removal in 1993-1996 which caused Ms. Gomez to contract and die from mesothelioma. The trial began on 3/5/18 and a verdict for Plaintiffs was returned on 3/28/18 awarding $7.5M in compensatory damages. Punitive damages was then tried and a verdict returned on 4/2/18 awarding an additional $18.75M in punitive damages. Defendant files the following post-trial motions...
2018.7.18 Motion for Reconsideration 543
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.7.18
Excerpt: ... violating her lease agreement by keeping plants and other obstructions in the common area after having been warned to remove them. On 6/8/18, this Court granted summary judgment in favor of TN on the grounds that LL collected rent (deposited 11/8/17) after expiration of their 3 day Notice to Perform Covenants or Quit (11/6/17). Plaintiff brings this motion for reconsideration of that Order. A. PRELIMINARY MATTERS 1. LL's Objections to Order Gran...
2018.5.4 Motion to Tax Cost 851
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.5.4
Excerpt: ...nt made a CCP § 998 settlement offer to Plaintiff for an amount of $0 and a waiver by the Defendant to seek costs against Plaintiff. Plaintiff declined the offer. On 2/6/18, this Court conducted a pre-trial hearing on the application of the “Heck Bar,” a legal doctrine in which a criminal charge could bar a civil rights action. After conducting the hearing and considering the stipulated facts, this Court found the Heck Bar applicable and dis...
2018.4.30 Motion for Summary Judgment, Adjudication 543
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.4.30
Excerpt: ...s to evict Defendant (“Tenant” or “TN”) for allegedly violating her lease agreement by keeping plants and other obstructions in the common area after having been warned to remove them. Tenant has filed this motion for summary judgment and Landlord has filed its cross-motion for summary judgment or in the alternative for summary adjudication of Tenants' affirmative defenses. To the extent any issues overlap, the parties' arguments will be ...
2018.4.20 Motion for Attorney's Fees 563
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.4.20
Excerpt: ... matter wherein Plaintiff/Landlord attempted evict Defendant Linda Delp. Defendant was not on the lease, but her husband Paul Campbell was. Initially, Plaintiff brought this action against Defendant Campbell for violating his lease by having Defendant Delp stay as an unauthorized occupant. Defendant Campbell died, and Defendant Delp was subsequently added as a Defendant. Bench trial began on 2/14/18, but was dismissed by Plaintiff on 2/15/18 afte...
2018.4.19 Motion to Tax Costs, for New Trial 509
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.4.19
Excerpt: ...hich Defendant's vehicle hit Plaintiff's body and caused a broken ankle and other alleged injuries. Prior to trial starting on 1/9/18, Defendant made a CCP § 998 settlement offer on 8/8/17 to accept $150,001. Plaintiff refused the offer. A jury rendered a verdict for Plaintiff and awarded damages of $120,000. Plaintiff now seeks costs of $9,988.91 and Defendant seeks § 998 costs of $41,580.27. In addition, Plaintiff moves for a new trial on dam...
2018.4.18 Motion to Strike or Tax Costs 803
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.4.18
Excerpt: ...280031003700240037>IVE RULING This was a rear end collision car accident case in which liability was admitted but damages were disputed. In pretrial discovery Plaintiff's requested Defendant to admit several facts regarding damages and causation which Defendant denied. Both parties served several CCP § 998 offers to compromise, the last of which is at issue and in dispute is Plaintiff's offer to accept $15,000, dated 11/22/17 (see below). The ju...
2018.2.6 Motion for Summary Judgment 851
Location: Los Angeles
Judge: Cho, Lawrence H
Hearing Date: 2018.2.6
Excerpt: ...ndrews on June 13, 2014. What began as a traffic stop for speeding resulted in a physical altercation in which Plaintiff was forcibly arrested and charged with resisting arrest under PC § 148. That charge was eventually dismissed and Plaintiff pled to an infraction for disturbing the peace under PC §415. Plaintiff was fined $100 suspended. Plaintiff then brought this suit for excessive force. Defendants filed a motion for summary judgment claim...

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