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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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...