Excerpt: ...C Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A transfer under the Local Rules is discretionary. If Plaintiff Pinto Does Not Appear, the Motion is Taken OFF -CALENDAR On Novembe...

Excerpt: ... Los Angeles. The First Amended Complaint, filed January 18, 2023, asserts causes of action for: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; and (4) negligence. Plaintiff alleges there were defects in the stucco work performed by Defendant, the parties entered i nto a contract addendum whereby Defendant would repair the stucco, but Defendant abandoned the project. On March 9, 2023, Defendant filed a cro...

Excerpt: ...d Obuszewski executed a promissory note on August 5, 2019 for the benefit of Cherico in the amount of $44,000.00. The complaint noted the personal representat ive rejected Cherico's creditor's claim. On February 27, 2024, Judge Barbara A. Meiers issued an order providing, in relevant part, “Plaintiff is ordered to file a motion (‘Notice of Related Cases') in Department 1 within 5 court days to find this case related to the pending probate cas...

Excerpt: ...CV00428 and 22STCV17187 orders 22TRCV00428 reassigned to Department 55 of the Stanley Mosk Courthouse for all purposes. All hearings currently set in civil law case 22TRCV00428 are hereby advanced and vacated. Counsel for Defendant to give notice. Background of 22TRCV00428 Trout v. Robinson Helicopter On May 25, 2022, Basia Trout, individually and as the personal representative of Decedent Lora Trout, and Roger Trout, filed 22TRCV00428 against Ro...

Excerpt: ...SBDTLA 3, LLC; 5. SBDTLA 4, LLC., 6. Greystar California, Inc. 7. Barry Shy; 8. Rommy Shy; 9. Eric Shy; 10. Erica Rivera; 11. Pam Pham -Le; 12. 215 W 6 Owner, LLC; and 13. FPI Management, Inc. The First Amended Complaint, filed on October 26, 2023, asserts causes of action for: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200; (5 ...

Excerpt: ...Pariser seeking validation of the election of its corporate officers and declaratory relief. Metropolis Master Association alleges it is “a mix -used master planned community consisting of a hotel, three high rise condominium buildings, approximately 32 commercial condominiums, Master Association Property, and a total of approximately 1,555 residen tial condominiums to be governed by three condominium associations.” (Compl. ¶ 4.) All units a...

Excerpt: ...e Los Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A t...

Excerpt: ...arious violations of labor law. Defendant Luxurban Hotels, Inc. (Defendant) moves to amend its answer to Plaintiff's First Amended Complaint (FAC) to assert additional affirmative defenses. Defendant's counsel at Novian & Novian LLP avers that they were under the mistaken impression that the FAC had merely added Defendant as a party, rather than also including claims under PAGA, and that as a result, Defendant's answer contained no PAGA -relat ed...

Excerpt: ...by Plaintiff) filed this action against David E. Fermelia and Cedars Sinai Medical Center arising out of surgery to remove a hyperactive parathyroid. On September 27, 2021, Plaintiff filed the First Amended Complaint asserting causes of action for: (1) negligence; (2) battery; (3) intentional and negligent infliction of mental and emotional distress; (4) misrepresentation; (5) fraud; (6) breach of fiduciary duty; (7) alteration of medical records...

Excerpt: ... Zenon Kesik arising out of Defendant's alleged failure to pay for construction services rendered by Plaintiff at 1704 W. Manchester Ave., Los Angeles, California, 90047. The complaint asserts causes of action for: (1) breach of contract; (2) common count complaint for work, labor, services and materials; (3) open book account; and (4) accounts stated. Plaintiff alleges the parties entered into a contract on October 15, 2019 “under which, Plain...

Excerpt: ...urposes. All hearings currently set in 23STUD13065 and 23STUD13071 are hereby advanced and vacated. Counsel for Plaintiffs to give notice to all parties in all three cases. Background of 23STUD13055 Bogari v. Mendoza On October 4, 2023, Plaintiffs Faye Bogari, as Trustee of the Faye Bogari Trust dated August 9, 2002, and Manijeh Habibi filed this action against Jennifer Mendoza for unlawful detainer of real property located at 4857 W. 12th St Los...

Excerpt: ...iled this action against Orkid Plaza, LLC asserting causes of action for: (1) violation of California Civil Code § 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code § 17200, et seq.; (5) negligence; (6) breach of covenant of quiet enjoyment; (7) intentional infliction of emotional distress; (8) negligence per se; (9) violation of Consumer Legal Remedies Act, California Civil Cod...

Excerpt: ...to, causing Pinto's left eye to rupture, leaving him blind in that eye. The complaint further alleges “Defendant repeatedly contacted Plaintiff, in violation of an existing restraining order, and made statements to Plaintiff threatening harm to him and others close to him if he did not agree to rescind his allegations and make false statements to public officials in the criminal matter arising out of the July 2018 attack.” (Compl. ¶¶ 20, 25...

Excerpt: ...assignment shall issue shortly. Clerk to give notice. On July 17, 2023, Plaintiff Paula Johnson filed this action against City of Long Beach, City of Lakewood, County of Los Angeles, Robert Locke, and Charlotte Locke arising out of allegations that Plaintiff struck a damaged portion of sidewalk while riding her bicycle, causing significant leg injuries. The complaint asserts causes of action for: (1) dangerous condition on public property; (2) pr...

Excerpt: ...fendant Giselle Valenzuela for Doe 1. On December 27, 2021, the court held trial and awarded judgment in favor of Plaintiff. The Court entered judgment against Hani Mammo on January 11, 2022. On March 29, 2022, Hani Mammo, through attorney Christopher Reyes, filed a motion to set aside/vacate the trial judgment. The motion argued Defendant Mammo was not served with notice of the trial due to improper service. The Court granted the motion on April...

Excerpt: ...ice to all parties in all cases. Background of 23STCV27311 Teichmann v. Gouhari On November 7, 2023, Plaintiff Teresita Teichmann filed this action against Farivar Gouhari aka Daniel Gouhari aka Danny Gouhari, Eric D. Beck, and Mag Estate Property LLC arising out Plaintiff's tenancy in real property located at 13160 Victory Blvd, Van Nuys, CA 91755. The complaint asserts causes of action for: (1) tenant harassment (Civ. Code § 1940.2); (2) negli...

Excerpt: ... E. 42 St. #2 Los Angeles, CA 90011. On April 24, 2023, Plaintiff filed a second unlawful detainer action against Tony Aguilar, Norma Aguilar, Taurino Aguilar, Jose Aguilar, Abi Aguilar, and Laura Veizqez related to the same property in Los Angeles Superior Court case 23STUD04469. On May 2, 2023, Plaintiff filed a third unlawful detainer action against Taurino Aguilar, Laura Velzouez, Norma Aguilar, Tony Aguilar, Jose Aguilar, and Abi Aguilar rel...

Excerpt: ...os Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) Conside...

Excerpt: ... real property located at 21326 Ventura Boulevard, Woodland Hills, California 91364. The complaint alleges Plaintiff owns an 77.5% undivided interest of the Property and Defendant owns a 22.5% undivided interest of the Property as tenants in common. The complaint also seeks an accounting. This case is currently pending in Department 61 of the Stanley Mosk Courthouse with trial set for April 8, 2025. Background of 22STCV20177 Itkin v. Greenfield, ...

Excerpt: ...es from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) A transfer under the Local Rules is discretionary. Plaintiff's Motion is Procedurally Defective On November 9, 2023, Plaintiff, in propria persona, filed a notice of motion, a declaration, and a proof...

Excerpt: ...22STCV01382 are hereby advanced and vacated. Counsel for Plaintiff to give notice. On March 3, 2022, Judge Laura A. Seigle issued an order finding the cases were not related within the meaning of California Rules of Court, rule 3.300. In opposition, Defendant contends the motion is “fatally defective,” (Opp. at 6:10-15), citing California Rules of Court, rule 3.300(e), which provides “[t]he Notice of Related Case must be served and filed as...

Excerpt: ...for moving party to give notice. Request for Judicial Notice Defendant's uncontested request for judicial notice of the parties' lease agreement and various court filings is GRANTED. (Evid. Code § 452.) Motion to Relate Cases Standard In the event that the pertinent judge under California Rules of Court, rule 3.300(h)(1) does not relate any of the cases set forth in a Notice of Related Case, Department 1 may relate the matters on noticed motion....

Excerpt: ... party to give notice. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of information from the California Department of Tax and Fee Administration as well as various maps depicting driving distances is GRANTED. (Evid. Code §§ 452(c); 452(h). See also U.S. v. Perea-Rey (9th Cir. 2012) 680 F.3d 1179, 1182 n.1 (“We take judicial notice of a Google map and satellite image as a ‘source[ ] whose accuracy cannot reasonably be q...

Excerpt: ...notice. Judicial Notice Defendants request the Court take judicial notice of the deed of trust, trustee's deed upon sale, and the civil case cover sheet addendum. The requests are GRANTED as to the existence and legal effect of these documents. (Evid. Code §§ 452(c); 452(d).) Motion to Transfer Between Judicial Districts Standard The Local Rules of the Los Angeles Superior Court govern the assignment of cases between its districts and departmen...

Excerpt: ... District of the Los Angeles Superior Court. (LASC Local Rules, rule 2.2(b).) The parties rely upon the text of Code of Civil Procedure sections 396b and 397, which do not apply. (Mot. at 4:24-5:9; Opp. at 3:22-4:24.) These sections of the Code of Civil Procedure govern transfers between superior courts, not different districts therein. The Los Angeles Superior Court is only one court. (See generally Glade v. Glade (1995) 38 Cal.App.4th 1441, 144...

Excerpt: ...ve to quash service of summons pursuant to Code Civ. Proc. § 418.10 on the grounds that they were not properly served with the summons and complaint. “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.'” (Summers v. McClanahan (2006) 140 Cal.App.4...

Excerpt: ...rom the North Central District to the East District based upon the convenience of witnesses and the ends of justice. (Mot. at 4:1-5:27.) On the Civil Case Cover Sheet Addendum and Statement of Location, Plaintiff's counsel certified that the Glendale Courthouse was the proper filing location based upon the address 330 N. Brand Blvd., Glendale, CA 91203 and the stated reason that it is the “[l]ocation where cause of action arose.” The complain...

Excerpt: ..., Samsum Shadanloo filed BC482598 against Defendant SBE Entertainment Group, LLC. On April 13, 2012, Shadanloo filed a First Amended Complaint asserting causes of action for: (1) assault; (2) battery; (3) intentional infliction of emotional distress; (4) premises liability; (5) negligent investigation; and (6) negligent infliction of emotional distress. The FAC alleged Shadanloo was a patron of a nightclub owned and operated by Defendant SBE Ente...

Excerpt: ...eet Courthouse. The complaint alleges Defendant Herber caused his vehicle to collide with Plaintiff Peters' vehicle on April 7, 2020. On January 25, 2023 and February 1, 2023, Defendants filed a Notice of Related Cases on pleading paper, rather than on optional Judicial Council form CM-015, that listed the relevant cases as “Audrey Peters vs. Cameron David Arthur Herber, et al., Los Angeles County Superior Court Case No. 22STCV11897” and “A...

Excerpt: ...erest to Victor Gonzalez, filed the operative Second Amended Complaint. The SAC alleges the numerous named defendants manufactured, distributed and/or supplied stone products used mostly in homes that contained hazardous materials including toxic amounts of silica and metals. From 1988 to 2019, Plaintiff Victor Gonzalez allegedly installed stone counters and was exposed to the hazardous materials which caused him to develop medical issues, includ...

Excerpt: ...La Verne's Motion to Seal its Memorandum of Points and Authorities in Support of Motion to Transfer Venue to Pomona Courthouse, Declaration of Lori Gordien, Declaration of Simar K. Ahluwalia, and Request for Judicial Notice is DENIED. Defendant University of La Verne's Motion to Transfer Venue to the Pomona Courthouse is CONTINUED to Thursday, November 30, 2023 at 8:30 A.M. in Department 1 of the Stanley Mosk Courthouse. Clerk shall give notice. ...

Excerpt: ...s action to the action to the Stanley Mosk Courthouse in the Central District citing various inapplicable provisions of the Code of Civil Procedure related to which superior court, not district therein, is the proper venue. The Los Angeles Superior Court is only one court, even though it is divided into districts. (See generally Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 (“Even though a superior court is divided into branches or department...

Excerpt: ...l issue shortly. Clerk to give notice. On June 12, 2023, Plaintiff Barrigton Plaza Tenant Association filed this action against Defendants Douglas Emmett, Inc. and Barrington Pacific, LLC for declarator and injunctive relief. The complaint alleges Plaintiff is an unincorporated association of tenants living at the rent stabilized Barrington Plaza Apartments located at 11728, 11734 and 11740 Wilshire Boulevard in the Sawtelle neighborhood of Los A...

Excerpt: ...(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) In the motion, Plaintiff lists various grievances against Judge Thomas Long, which are not properly before this Court on a motion to transfer. Plaintif...

Excerpt: ...mination; (2) race discrimination; (3) FEHA retaliation; (4) harassment; (5) failure to prevent discrimination and harassment; and (6) whistleblower retaliation. The FAC alleges Bernard is a 64-year-old African-American male who worked in Defendant's water meter shop. Plaintiff alleges Water Supervisor Pete Marshall subjected him to insults, derogatory comments, baseless criticism, and interfered with Plaintiff's job duties. Plaintiff allegedly r...

Excerpt: ...ner/Plaintiff Committee to Support the Recall of District Attorney George Gascon filed a petition for writ of mandate and complaint for declaratory relief and injunctive relief naming Dean C. Logan, in his official capacity as Los Angeles County Registrar Recorder/County Clerk, and Los Angeles County Registrar Recorder/County Clerk's Office as Defendants/Respondents. On July 27, 2023, Judge James C. Chalfant issued an order relating this action w...

Excerpt: ...three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) Plaintiff Failed to Demonstrate a Transfer is Warranted Plaintiff seeks to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department P of the Santa Monica Courthouse, which sits in the West District of...

Excerpt: ...three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) Plaintiff Failed to Demonstrate a Transfer is Warranted Plaintiff seeks to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department F of the Norwalk Courthouse, which sits in the Southeast District of...

Excerpt: ...ted grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) A Transfer is Warranted Under the Circumstances Here Plaintiff seeks to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department M of the Santa Monica Courthouse, which sits in the West District of the Los Angeles...

Excerpt: ...of action and alleges the unit Plaintiffs rented was an unlawfully subdivided unit with unpermitted plumbing, gas, and electrical that lacked a Certificate of Occupancy. Standard LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another, including when the case was filed in an improper district, or for the convenience of witnesses or to promote the ends of justice on a noticed motion. (LASC Lo...

Excerpt: ...of the incident. The complaint alleges Visconti attacked Pinto, causing Pinto's left eye to rupture, leaving him blind in that eye. The complaint further alleges “Defendant repeatedly contacted Plaintiff, in violation of an existing restraining order, and made statements to Plaintiff threatening harm to him and others close to him if he did not agree to rescind his allegations and make false statements to public officials in the criminal matter...

Excerpt: ... Nava filed this action against Defendants Nature's Produce and Flying Food Group, Inc. for negligence and premises liability. The complaint alleges Plaintiff suffered a slip and fall injury in a property located at 3305 Bandini Blvd. Vernon, CA 90058. Motion On January 30, 2023, Defendant Nature's Produce filed the instant motion seeking to transfer this action from the Spring Street Courthouse in the Central District of the Los Angeles Superior...

Excerpt: ...law (Bus. & Prof. Code § 17200 et seq.; (2) violation of Health and Safety Code section 17958.3 and AB607; (3) violation of California Civil Code section 1941.1; (4) violation of Penal Code section 418; (5) violation of Civil Code section 789.3; and (6) emotional distress. The complaint alleges Plaintiff was a tenant at an Extended Stay America Hotel located at 401 E, Albertoni Street, Carson, CA 90746. Defendants allegedly falsely advertised th...

Excerpt: ...NTED as to Exhibit Nos. 1-5 and 8-9, which are filed court records. (Evid. Code § 452(d).) Defendant's request for judicial notice is DENIED as to Exhibit Nos. 6 and 7. These exhibits are not conformed copies of court records and Plaintiff did not file a “Motion to Relate and Consolidate Cases for All Purposes in Case No. 19STCV[]15856” as represented. While Plaintiff filed such a motion on November 28, 2022 in 22STCV36194, those documents c...

Excerpt: ...tly set in civil law case 21STCV38528 are hereby advanced and vacated. Moving party to give notice. DISCUSSION Jonathan Hemphill filed a new petition in the probate action after Department 1's initial ruling on the Notice of Related Case. The two cases now involve the same parties and the same claims. (Cal. R. Ct., rule 3.300(a)(1).) In both the civil case and the probate case, Jonathan Hemphill, Administrator of the Estate of Eunice Hemphill, as...

Excerpt: ...ovember 23, 2022, Plaintiff Genevieve A. McSweeney, individually and as Trustee of the Genevieve McSweeney Living Trust established U/D/T dated April 14, 1998, and derivatively on behalf of Ventura Pacific Holdings LP, filed this action against Edward C. McSweeney, individually and as Trustee of the McSweeney Living Trust Established U/D/T April 15, 1994, Sally A. McSweeney, Interstate Marketing Associates, Jeffrey M. Cohen, Cohen & Freedman, and...

Excerpt: ...oned the court for a writ of mandate naming Los Angeles County Metropolitan Transportation Authority as the respondent. The petition alleges Respondent violated CEQA when it approved the Transportation Communication Network Program “to facilitate the installation of digital display structures on Metro property within the City of Los Angeles.” (Pet. ¶ 1.) On March 7, 2023, Petitioner filed a Notice of Related Case indicating this petition was...

Excerpt: ... the First Amended Cross Complaint (“FACC”). The tentative rulings are as follows: (1) Montecito's motion for judgment on the pleadings is DENIED. (2) Montecito's motion to strike is DENIED. Discussion Meet and Confer Requirement “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion f...

Excerpt: ...ally declared Mir a vexatious litigant again in Court of Appeal case B148849 Mir v. Pomona Valley Hospital Medical Center, et al. Justice Boren's prefiling order provided "[w]e order that henceforth Jehan Zeb Mir may not file any litigation in the courts of this state in propria persona or through an attorney without first obtaining leave of the presiding judge of the court in which the litigation is proposed to be filed." (Mir v. Pomona Valley H...

Excerpt: .... Blowitz, et al. On July 10, 2014, Judge Michelle R. Rosenblatt in Los Angeles Superior Court case BCSI 8877 Etame, et al. v. Copart Inc., et al., determined that Lori Wagner is the same person as David Delman and ordered that Wagner was subject to the same prefiling order requirement as Delman. Under these orders, Plaintiff became subject to a Code of Civil Procedure section 391.7 prefiling requirement that requires Plaintiff to obtain the perm...