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Demurrer, Motion to Strike 674
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: Demurrer,
Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...
2023.05.09 Motion for Summary Adjudication 256
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2023.05.09
Excerpt: ...ated in Blue Ridge Insurance Company v. Brigitte Jacobsen (2001) 25 Cal.4th 489 in order for an insurer to seek reimbursement for noncovered claims Included in a reasonable settlement payment. The third prerequisite requires that an insurance company inform an insured that if the insured does not believe a proposed settlement to be reasonable, then the insured may assume their own defense. Plaintiff does not address this prerequisite in its initi...
2023.04.04 Motion to Compel Responses 195
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2023.04.04
Excerpt: ...s-defendants Alben Arana and Ausencio Rene Luna ("Cross-Defendants") to Form Interrogatories ('TROG")_ Additionally, Cross-Complainant requests sanctions in the amount of On March 22: 2023: Cross-Defendants filed an oprxisition_ On March 28: 2023: Cross-Complainant filed a reply. Motion to Compel On September 13, 2022, Cross-Complainant served the FROG on Cross- Defendants. (Kohrs DecL 2, Exh_ 1_) On October 28: 2022: Cross-Complainant inquired a...
2022.02.07 Demurrer 586
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.02.07
Excerpt: ...nt is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Demurrers for uncertainty are disfavored and should only be granted when a defendant cannot reasonably respond. (See Id.) Here, Plaintiff's allegations are reasonably intelligible, thus CCP 430.10(f) ambiguity is not a sufficient ground to sustain Defendant's Demurrer. Fa...
2022.02.04 Motion to Strike or Tax Costs 728
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.02.04
Excerpt: ... Defendant's Anti-SLAPP Motion, striking the FAC in its entirety. On January 26, 2022, the Court entered a Judgment of dismissal pursuant same, also granting Defendant reasonable Costs to be determined by the present procedure. At that same hearing, Defendant's motion for attorney's fees based on alleged “bad faith” discovery by Plaintiff was denied. Plaintiff brings a Motion to Strike and/or Tax Costs (“Motion”), arguing that that many e...
2022.02.04 Motion to Compel Further Responses 772
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.02.04
Excerpt: ..., Certified Public Accountant and Insurance Agency, Inc. filed the operative Complaint for (1) negligence and (2) breach of the implied covenant of good faith and fair dealing. Plaintiff alleges that Defendants negligently maintained, upgraded, monitored, and backed up Plaintiff's office computer network such that hackers stole and deleted client data. On October 13, 2021, Defendant IT Solutions, Inc. (“Defendant”) filed two motions to compel...
2022.02.04 Motion for Sanctions 395
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.02.04
Excerpt: ...5.00. Defendants make this motion pursuant to Code of Civil Procedure section 128.7 on the grounds that the Complaint is without factual or legal merit, is factually false, and was filed primarily for an improper purpose to harass Defendants. LEGAL STANDARD CCP section 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: 1) the doc...
2022.02.02 Motion to Compel Deposition Answers and Docs, for Sanctions 993
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.02.02
Excerpt: ...ent Group, LLC (“YIG”), World Financial Center LP (“WFC”), Hongpeng Wang (“Wang”) asserting causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) quantum meruit, (4) breach of fiduciary duty, and (5) false promise. The Complaint alleges in relevant part that Plaintiff met with Wang, who indicated that SEC was seeking investors to enable it to operate a new commercial office. Pl...
2022.02.02 Motion to Compel Arbitration 907
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.02.02
Excerpt: ...ong-Beverly Warranty Act: (1) breach of implied warranty of merchantability and (2) breach of express warranty. The Complaint alleges the following. Before August 25, 2020, Defendants manufactured and/or distributed into the stream of commerce a new 2020 Hyundai Kona, VIN: KM8K22AA3LU561338 (the “Vehicle”), for its eventual sale/lease in the State of California. (Compl., ¶ 6.) On or about August 25, 2020, Plaintiff leased the Vehicle from de...
2022.01.31 Motion for Trial Preference 890
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.31
Excerpt: .... Thompson, individually and as Trustee of the Thompson Family Trust dated October 13, 1993 filed a complaint against Defendants Chester Andrew Thompson, III, individually and as Trustee of the Thompson Family Trust dated 9/30/2019; Soojung Kim Thompson, individually and as Trustee of the Thompson Family Trust dated 9/30/2019; Sierra Pacific Mortgage Company, Inc.; Greenhead Investments, Inc.; Mortgage Electronic Registration System, Inc.; All pe...
2022.01.31 Motion for Leave to File FAC 165
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.31
Excerpt: ...hich resulted in the Plaintiff's alleged wrongful termination. Based on the recently collected evidence, the Plaintiff was not aware of the fact that she was only one of two female working at the time of her termination and seeks to include an allegation to her FEHA claim of wrongful termination on the basis of her sex/gender. Legal Standard California Rules of Court 3.1324 establishes the requirements with which a motion seeking leave to amend m...
2022.01.28 Demurrer, Motion to Strike 851
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.28
Excerpt: ...mary allegations are as follows. Plaintiff hired Defendants “to operate, manage, administer, and maintain a commercial audio/visual system owned by Clifton's which comprised of approximately One Hundred and Fourteen (114) speakers, Nineteen (19) amplifiers, speaker line cables, equalizers and related equipment, as well as lighting and display equipment (together the ‘Systems') in connection with operations, performances, and parties hosted at...
2022.01.27 Motion for Summary Judgment, Adjudication 131
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.27
Excerpt: ...lternatively, summary adjudication of all causes of action. a. Certificate of Qualification Defendants argue that Plaintiff is not qualified to do business in California such that the action should be dismissed. Corp. Code § 2105(a) provides in relevant part that “[a] foreign corporation shall not transact intrastate business without having first obtained from the Secretary of State a certificate of qualification.” “A foreign corporation s...
2022.01.26 Motion for Attorney Fees 728
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.26
Excerpt: ...secution, and (4) abuse of process. The allegations of the FAC are as follows. Defendants intentionally pursued a meritless lawsuit (“underlying action”) against Plaintiff relating to the collection of a debt associated with a credit card. Defendants intentionally filed a false proof of service of summons which indicated substituted service on a person not associated with Plaintiff at Plaintiff's former place of business from years ago. Defen...
2022.01.19 Motion to Quash Subpoena 123
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.19
Excerpt: ...yer, Aramark Uniform &. Carcer Apparel Group, Inc. Plaintiff argues the subpoena is overbroad in light of his privacy interests. The subject subpoena seeks: 1. All DOCUMENTS setting forth the material terms and conditions of ALBERTO PEREZ's employment with YOU, including but not limited to, offer letters, employment agreements, incentive compensation agreements, commission agreements, bonus plans, personnel action forms, notices, and memoranda. 2...
2022.01.19 Motion for Summary Judgment, Adjudication 472
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.19
Excerpt: ...nt against Defendants Turo, Inc. (“Turo”), Arsen Beremesh, Vitaly Berezhnoy, and Denis K. Kostritsa. The undisputed facts are as follows. Plaintiff was riding a motorcycle when he was hit by a car driven by Defendant Berezhnoy. Defendant Beremesh was the registered owner of the vehicle. Beremesh rented the vehicle to Defendant Kostritsa through Defendant Turo, which is an online/application‐based car sharing platform. When picking up the ve...
2022.01.19 Demurrer, Motion to Strike 039
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.19
Excerpt: ...ember 15, 2021, Plaintiff Edward Lopez filed the operative First Amended Complaint (“FAC”) for (1)‐(5) violations of the Song‐Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1791.1 and 1794, and (6) fraud by omission. I. Demurrer Defendant General Motors, LLC demurs to the sixth cause of action for uncertainty and failure to state sufficient facts. (a) Economic Loss Rules While the Court apprecia...
2022.01.18 Motion to Compel Further Responses 384
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.18
Excerpt: ... when Defendant Doug Alcorn stated he would poker her eyes out. Defendant Providence St. John's Health Center seeks to compel Plaintiff Shelby French to provide further responses to its requests for production, set three, nos. 64‐75. These requests principally seek Plaintiff's social media posts after her alleged emotional injuries arose. Plaintiff argues that the Motion should be denied because she received one day less notice than required by...
2022.01.18 Motion for Summary Judgment, Adjudication 869
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.18
Excerpt: ...t is otherwise denied. This is a lemon law action. On January 19, 2018, Plaintiffs Armando De La Paz and Melissa Gomez filed the operative Complaint for (1) violation of Civ. Code § 1793.2(d), (2) breach of implied warranty, and (3) violation of Civ. Code § 1793.2(b). Defendant Jaguar Land Rover North America, LLC seeks summary judgment or, alternatively, summary adjudication of all causes of action. Defendant argues as follows: • Plaintiffs'...
2022.01.14 Motion to Expunge Lis Pendens 878
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.14
Excerpt: ...for quiet title relating to property located at 1303 S. Western Ave., Los Angeles, California. Plaintiff contends that she has always had a community property interest in the subject property and that Defendant has no interest in the property. Plaintiff alleges that she and her former husband acquired the subject property as community property during their marriage and that title was placed in the name of Defendant for unknown reasons. Plaintiff ...
2022.01.14 Motion to Compel Arbitration 974
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.14
Excerpt: ... action. Plaintiff opposes the Motion, contending the subject arbitration agreement is illusory, unfair, and unconscionable. Plaintiff first argues that the subject agreement is illusory because it gives Defendant the unilateral right to revoke the agreement and proceed with litigation. The agreement provides that it “can only be revoked by a writing signed by the Company's Chief Executive Officer (or, if none, its highest-ranking official), sp...
2022.01.11 Motion for Leave to File FAC 014
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.11
Excerpt: ...eks leave to file a First Amended Cross-Complaint or, alternatively, a supplemental Cross-Complaint adding two new causes of action for wrongful foreclosure and violation of the Rosenthal Act, as well as a new defendant, PLM Loan Management Services, Inc. The Court may, in the furtherance of justice, and upon any terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc. §§ 473, 576.) In general, California courts liberally e...
2022.01.07 Demurrer 457
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.07
Excerpt: ...t Amended Complaint (“FAC”) against Defendants Trinity Financial Services, LLC and Barret Daffin Frappier Tredder & Weiss, LLP for (1) promissory estoppel, (2) violations of the UCL, (3) wrongful foreclosure, (4) negligent misrepresentation, (5) violation of Civil Code § 2924.17, (6) violation of the Truth in Lending Act, (7) violation of the Federal and Rosenthal Fair Debt Collections Practices Act, and (8) slander of title. Defendant Trini...
2022.01.06 Motion for Summary Judgment, Adjudication 008
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.06
Excerpt: ...claims asserted by Hannaford and Margolin. The Court grants twenty days leave to amend. The Motion for Summary Adjudication is granted as to the fourth and fifth causes of action to the extent asserted by the minor Plaintiffs, but is otherwise denied. Leave to amend is denied. On October 30, 2019, Plaintiffs Susan Hannaford, Marquessa Margolin, Bella M.H., a minor, and Emmanuel M.H., Jr., a minor, filed the First Amended Complaint (“FAC”) for...
2022.01.04 Demurrer 611
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2022.01.04
Excerpt: ...ayed. The Demurrer is placed off calendar. On October 28, 2019, Defendants/Cross‐Complainants Oganes J. Akhoian and Tamar K. Akhoian, individually and as trustees for The Akhoian Family Trust (“Trust”), filed the operative First Amended Cross‐Complaint (“FACC”) for (1) negligence, (2) breach of written contract, (3) breach of fiduciary duty, (4) breach of implied covenant of good faith and fair dealing, (5) negligence, (6) breach of w...
2021.12.16 Motion to Bifurcate 613
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.16
Excerpt: ...ced her to release her security interest against the assets of Dreamlight Holdings, Inc. fka Rockdome, Inc. (“Dreamlight”) in exchange for equity because they falsely promised that Willowbrook Capital Group, LLC would make a $1.25-$1.5 million investment in Dreamlight. After foreclosing on Dreamlight's assets via Willowbrook's lien, Defendants allegedly transferred Dreamlight's assets into Rockdome Corporation without compensation to investor...
2021.12.15 Motion to Compel Inspection of Premises 045
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.15
Excerpt: ...on at its facility located at 2170 W. 190th Street, Torrance, CA 90504. Plaintiff requests an inspection of essentially all work areas at the subject facility. Additionally, Plaintiff “intend[s] to take photographs of, and record footage of the premises, including but not limited to the areas where Plaintiff performed her job duties during her employment with Defendant.” Plaintiff contends that his work was sabotaged because he “made severa...
2021.12.14 Motion to Compel Physical Examination 594
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.14
Excerpt: ...tion is granted in part. This is an action in which Plaintiff Lillian Carranza , a captain III with the LAPD, alleges that her coworkers subjected her to harassment by circulating a photo of a naked woman they claimed was Plaintiff. On January 25, 2019, Plaintiff filed the operative Complaint for sexual harassment—hostile work environment in violation of the FEHA. I. Physical Exam Defendant City of Los Angeles seeks to compel Plaintiff's physic...
2021.12.13 Motion to Enforce Settlement 985
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.13
Excerpt: ...d in part. This is a lemon law action that has been settled. I. Motion to Enforce Settlement Plaintiff Zinnia Sayegh seeks to enforce her settlement with Defendant Mercedes-Benz USA, LLC under Code Civ. Proc. § 664.6. Specifically, Plaintiff seeks a declaration that Defendant breached their settlement agreement by delaying payment. Plaintiff seeks $6,411.99 in damages relating to a replacement vehicle she obtained. The Court is authorized to ent...
2021.12.10 Motion for Judgment on the Pleadings 965
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.10
Excerpt: ...ngs is denied. The Motion for Trial Preference is granted. On August 12, 2020, Plaintiff Alma Foster filed the operative Third Amended Complaint (“TAC”) for (1) financial elder abuse, (2) breach of contract, (3) violations of the UCL, (4) public injunction, (5) cancellation of taxes, (6) violations of the Home Solicitation Act (“HSA”), (7) violations of contractors' state license law, (8) violations of the Consumers Legal Remedies Act (�...
2021.12.10 Demurrer 107
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.10
Excerpt: ...nst Defendants Oliver Moussazadeh, Alexander Moussazadeh, Revilo Realty, Inc., Ward Hanigan, Financial Fitness, LLC, Kyle Lynn Boseman, Alimon Williams, Garth St. George Davis, Peter Apostolos, Diamond Quality Escrow, Inc., and Mandalin Stover for (1) violations of Civil Code § 1695, et seq.; (2) violations of Civil Code § 2945, et seq.; (3) breach of fiduciary duty; (4) aiding and abetting breach of fiduciary duty; (5) constructive fraud; (6) ...
2021.12.09 Motion to Set Aside Dismissal 509
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.09
Excerpt: ...e by Plaintiffs, the Court dismissed this action without prejudice. Plaintiffs Ty Lao and Nancy Chea now seek to set aside the dismissal of this action based on an attorney affidavit of fault. (Code Civ. Proc. § 473(b).) Code Civ. Proc. § 473(b) provides in relevant part, “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in p...
2021.12.09 Motion to Expunge Lis Pendens 748
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.09
Excerpt: ...ement, LLC, Forbix Capital Corp., and Emil Kkodorkovsky for quiet title and rescission. Plaintiff alleges he was essentially defrauded of his title to 3110 Pennsylvania Avenue, Santa Monica, CA 90404, (“Pennsylvania Property”) and 1048 Chelsea Avenue, Santa Monica, CA 90403 (“Chelsea Property”) due to improper behavior by lenders and affiliated parties. The crux of the Complaint is that Defendants Forbix Capital Corp. and Emil Kkodorkovsk...
2021.12.08 Motion for Summary Judgment, Adjudication 472
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.08
Excerpt: ...against Defendants Turo, Inc. (“Turo”), Arsen Beremesh, Vitaly Berezhnoy, and Denis K. Kostritsa. The undisputed facts are as follows. Plaintiff was riding a motorcycle when he was hit by a car driven by Defendant Berezhnoy. Defendant Beremesh was the registered owner of the vehicle. Beremesh rented the vehicle to Defendant Kostritsa through Defendant Turo, which is an online/application‐based car sharing platform. When picking up the vehic...
2021.12.08 Motion for Summary Adjudication 192
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.08
Excerpt: ...d. This matter arises from Plaintiff Gabriela Alcazar's employment with Defendant Los Angeles County. On November 7, 2019, Plaintiff filed a Complaint alleging causes of action for (1) discrimination in violation of Government Code §§ 12940 et seq., (2) retaliation in violation of Government Code §§ 12940 et seq., (3) failure to prevent discrimination and retaliation in violation of Government Code § 12940(k), (4) failure to provide reasonab...
2021.12.06 Motion for Summary Judgment, Adjudication 662
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.06
Excerpt: ...st Defendants Starbucks Corporation and Christina Brown for (1) FEHA age discriminaiton, (2) FEHA failure to prevent discrimination, (3) FEHA harassment, and (4) wrongful termination. Defendant Starbucks Corporation seeks summary judgment or, alternatively, summary adjudication of all causes of action. Defendant argues that (1) Plaintiff was terminated for the legitimate reason that she was habitually late and had an altercation with a customer; ...
2021.12.06 Motion for Judgment on the Pleadings 307
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.06
Excerpt: ...uling: The Motion for Judgment on the Pleadings is denied. On May 28, 2021, Plaintiff M.L. Textiles Enterprise, Inc. filed the operative Complaint against Defendants Underwriters at Lloyd's subscribing to Certificate B1136P0460‐19 (“Lloyd”), Edik Davidyan, Daragon Insurance Services, Farmers Group, Inc., GJ Sullivan Excess, and Surplus Line Insurance Brokers, Inc. for (1) breach of contract, (2) breach of the implied covenant of good faith ...
2021.12.03 Demurrer, Motion to Strike 115
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.03
Excerpt: ...ian Lister filed the operative Complaint against Defendant Ford Motor Company alleging causes of action for (1)‐(2) breach of warranty obligation, (3) breach of implied warranty, (4) breach of obligation to provide sufficient literature and parts, (5) concealment, and (6) negligent misrepresentation. I. Demurrer Defendant Ford Motor Company demurs to the fifth and sixth causes of action for uncertainty and failure to state sufficient facts. Amo...
2021.12.03 Anti-SLAPP Motion 070
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.03
Excerpt: ...f title and (2) intentional infliction of emotional distress. The allegations of the FAC are as follows. Defendant Harari obtained an abstract of judgment against a nonparty and then recorded it. Plaintiff sought to sell her property after her husband tragically died in order to provide for living expenses for herself and her family. Plaintiff found a buyer for the property but was notified by her escrow company that the sale could not proceed du...
2021.12.02 Motion for Summary Adjudication, to Deposit Rent 132
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.02
Excerpt: ...e Ruling: The Motion for Summary Adjudication is granted. The Motion to Deposit Rent is denied. I. Motion for Summary Adjudication Defendant Erina Gilerman seeks summary adjudication [1] of this unlawful detainer action because she does not possess the subject property “and has denied that she was since her Answer was filed.” Defendant has carried her burden by pointing to her discovery responses in which she affirmatively states she does not...
2021.12.02 Motion for Leave to File FAC 014
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.02
Excerpt: ...erman seeks leave to file a First Amended Cross‐Complaint or, alternatively, a supplemental Cross‐Complaint adding two new causes of action for wrongful foreclosure and violation of the Rosenthal Act, as well as a new defendant, PLM Loan Management Services, Inc. The Court may, in the furtherance of justice, and upon any terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc. §§ 473, 576.) In general, California courts...
2021.12.01 Demurrer, Motion to Strike 285
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.12.01
Excerpt: ..., 2021, Plaintiffs Gabriel Felix and Alicia Felix filed the operative First Amended Complaint (“FAC”) against Defendant County of Los Angeles (“County”) for (1) breach of contract and (2) declaratory relief. Plaintiffs allege as follows. Plaintiffs sought a garage conversion through PACE financing, which is sponsored by the County. “Plaintiffs were approved for the PROGRAM on July 13, 2019 for the amount of $70,911.40 (plus fees and int...
2021.11.09 Motion to Expunge Lis Pendens 748
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.09
Excerpt: ... rescission. Plaintiff alleges he was essentially defrauded of his title to 3110 Pennsylvania Avenue, Santa Monica, CA 90404, (“Pennsylvania Property”) and 1048 Chelsea Avenue, Santa Monica, CA 90403 (“Chelsea Property”) due to fraudulent and improper behavior by lenders and affiliated parties. The crux of the Complaint is that Defendants Forbix Capital Corp. and Emil Kkodorkovsky wrongfully foreclosed against the aforementioned propertie...
2021.11.09 Anti-SLAPP Motion, Demurrer 645
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.09
Excerpt: ...d. On December 15, 2020, Plaintiffs The People of the State of California, County of Los Angeles and County of Los Angeles Public Health Officer Muntu Davis, M.D., M.P.H. filed the operative First Amended Complaint against Defendants Shaul Yakovi, Ben and Reef Gardens, Inc., Ronit Waizgen, and Gardens of Paradise, LLC for (1) violation of public health orders, (2) abatement of public nuisance, (3) violation of Los Angeles County Code Section 1.23...
2021.11.08 Motion to Compel Arbitration 245
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.08
Excerpt: ...led the operative Complaint against Defendants Waldorf Astoria Management LLC, Hilton Domestic Operating Company, Inc., Anbang Insurance Group Co. LTD, Pablo Velasquez, Mark Sniffen, Peter Rehme, Yousouf Khan, Laura Escobar, and Nicole Leier for (1) wrongful termination, (2) violation of the California Constitution, (3) FEHA discrimination, harassment, and retaliation, (4) FEHA failure to accommodate, (5) FEHA failure to engage in the interactive...
2021.11.05 Motion to Compel Further Responses 815
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.05
Excerpt: ...and failure to prevent discrimination or harassment. Plaintiff alleges that Defendant discriminated against him on the basis of his race when it did not promote him. On August 30, 2021, the Court heard Plaintiff's motion to compel further discovery responses regarding his Requests for Production, Set Two, Nos. 45‐54. The Court granted the motion as to requests nos. 46‐ 52 and continued the hearing as to request no. 45 to allow counsel time to...
2021.11.05 Motion for Leave to File Amended Complaint 056
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.05
Excerpt: ...ed Complaint (“TAC”) against Defendant John Wordin for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) conversion, (7) money had and received, (8) violation of the UCL, and (9) declaratory relief. Among other things, Plaintiff alleges that it terminated Wordin due to sexual harassment of other employ...
2021.11.05 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.05
Excerpt: ...Jabarian is the prevailing party entitled to fees and costs (Civ. Code § 1794), which will be decided by motion. Plaintiff moves for an order “awarding attorney's fees under the ‘lodestar' method in the amount of $121,742.00. Plaintiff also request[s] a modest ‘lodestar' enhancement of 2.0, in the amount of $121,742.00, for a total of $243,484.00 as the attorney's fees actually and reasonably incurred. Plaintiff also move[s] [for] verifiab...
2021.11.02 Motion for Summary Judgment, Adjudication 662
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.11.02
Excerpt: ...st Defendants Starbucks Corporation and Christina Brown for (1) FEHA age discriminaiton, (2) FEHA failure to prevent discrimination, (3) FEHA harassment, and (4) wrongful termination. Defendant Starbucks Corporation seeks summary judgment or, alternatively, summary adjudication of all causes of action. Defendant argues that (1) Plaintiff was terminated for the legitimate reason that she was habitually late and had an altercation with a customer; ...
2021.10.28 Anti-SLAPP Motion 070
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.28
Excerpt: ...of title and (2) intentional infliction of emotional distress. The allegations of the FAC are as follows. Defendant Harari obtained an abstract of judgment against a nonparty and then recorded it. Plaintiff sought to sell her property after her husband tragically died in order to provide for living expenses for herself and her family. Plaintiff found a buyer for the property but was notified by her escrow company that the sale could not proceed d...
2021.10.28 Motion for Attorney Fees, to Tax Costs, OSC Re Terminating Sanctions 405
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.28
Excerpt: ...nin Responding Party: (1) Plaintiffs Lieba Chanin, Sam Chanin, Esther Chanin, Yita Chanin, and Freeda Chanin (2) Unopposed Tentative Ruling: The Motion for Attorneys' Fees and Costs is denied as to fees. The Court awards $388 in costs. The Motion to Tax Costs is granted. The Court dismisses Plaintiffs' Complaint. I. Motion for Attorneys' Fees and Costs Because they were the prevailing parties on appeal, Defendants Community Rebuild Partners, Comm...
2021.10.22 Motion to Seal 039
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.22
Excerpt: ... Amended Complaint (“SAC”) alleging causes of action for (1) violation of the Song-Beverly Act—breach of express warranty, (2) violation of the Song-Beverly Act—breach of implied warranty, (3) violation of Song- Beverly Act § 1793.2, (4) concealment, and (5) intentional misrepresentation. Defendant Kia America, Inc. seeks an order sealing its ODI Complaint Analysis Report which was produced by Defendant in discovery under a protective or...
2021.10.20 Motion to Compel Mental Exam 642
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.20
Excerpt: ... Plaintiff Dean C. Delis to submit to a medical exam. They contend, “Dean Delis has sued defendants Robert Hall and RH&A for financial elder abuse in violation of Welfare & Institution Code § 15600 et. seq., seeking, in part, under Civil Code § 3345 treble punitive damages, thereby putting into issue Dean Delis ‘vulnerability to undue influence and/or to the alleged fraudulent tactics of the defendants. . . . Good cause exists for this Cour...
2021.10.20 Motion to Compel Further Responses 066
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.20
Excerpt: ...”) for (1) declaratory relief, (2) breach of fiduciary duty, (3) rescission and restitution, (4) specific performance, (5) breach of contract, and (6) breach of implied covenant of good faith and fair dealing. The SAC alleges, “Despite being the second largest individual shareholder of preferred stock in Defendant Inphenix, Inc. (“Inphenix”), Defendants have taken the position that they are not accountable to [Plaintiff], have attempted t...
2021.10.19 Motion to Exclude Expert Opinion 259
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.19
Excerpt: ...main action. Plaintiff Los Angeles County Metropolitan Transportation Agency seeks a perpetual, assignable and exclusive subsurface easement, located approximately between 101 feet and 143 feet below finish grade of the real property located at 9730 Wilshire Boulevard, Beverly Hills, California, 90212, Assessor's Parcel Number 4328‐014‐ 005. Plaintiff seeks such easement for the purposes of extending the Metro Purple Line. The property from w...
2021.10.19 Demurrer, Motion to Strike 734
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.19
Excerpt: ...On July 14, 2021, Plaintiff Deborah K. Ogawa filed the operative First Amended Complaint (“FAC”) against Defendant American Honda Motor Co., Inc. alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1795.5, and (6) concealment. I. Demurrer Defendant American Honda Motor Co., Inc. demurs to the sixth cause of action for concealment for failure to...
2021.10.18 Motion to Compel Further Responses 132
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.18
Excerpt: ... misappropriated Bergen's confidential information, including sensitive information relating to other employees. Plaintiff seeks an order: (1) compelling Defendant PATRICIA MARQUEZ (“Marquez” or “Defendant”) to submit her personal devices, email and online storage accounts to forensic investigator iDiscovery Solutions (“iDS”) for an unfettered forensic inspection as demanded by Plaintiff's Demand for Inspection Nos. 4 through 8, and 1...
2021.10.18 Motion for Summary Judgment, Adjudication 770
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.18
Excerpt: ...g, LLC (“Lucas”), filed the operative Complaint against Defendants Tabitha De La Torre and Lucas for (1) conversion (derivative), (2) breach of fiduciary duty (derivative), (3) breach of operating agreement (direct), (4) accounting (direct), and (5) dissolution (direct). Defendant Tabitha De La Torre seeks summary judgment or, alternatively, summary adjudication of all causes of action asserted by Plaintiff Peter K. Robbins. De La Torre predo...
2021.10.08 Motion to Compel Responses 577
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.08
Excerpt: ...Plaintiff's Motion to Compel Responses to Plaintiff's Request for Production of Documents, Form Interrogatories—General and Employment is GRANTED. Plaintiff's Request for Sanctions is DENIED. Jenny Fong (“Plaintiff”) was employed by Pasadena Unified School District (“Defendant”) as a Board Certified Behavioral Analyst. Plaintiff alleges she was subject to harassment on the part of her supervisor and other employees. Following Plaintiff'...
2021.10.07 Motion to Try Equitable Claims to the Court First, to Compel Further Responses, Deposition Answers 613
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.07
Excerpt: ... Compel Answers to Deposition Questions by Deponent Peter McMillan and Request for Sanctions in the Amount of $7,200; Moving Party: (1) Defendants Dreamlight Holdings, Inc., Steve Fox, Peter McMillian III, Rockdome Corporation, and Willowbrook Capital Group, LLC (2)-(4) Plaintiff Joan Dangerfield Responding Party: (1) Plaintiff Joan Dangerfield (2) Defendant Willowbrook Capital Group, LLC (3) Defendant Steve Fox (4) Defendant Peter McMillan III T...
2021.10.07 Motion to Set Aside Default, to Quash Writ of Execution 036
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.07
Excerpt: ...ult is denied; (2) Defendant's Motion to Quash Writ of Execution is denied; (3) Plaintiff's Application for Order for Sale of Real Property is granted. Plaintiff commenced this action against Defendant on August 24, 2012, for attorney's fees. On November 28, 2012, judgment was entered against Defendant. Plaintiff/Judgment Creditor Michael D. Anderson, d/b/a Anderson & Associates, moved the Court for an order of sale for the property of Judgment D...
2021.10.04 Motion to Quash Service of Summons 205
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.04
Excerpt: ...alleging that Defendant unlawfully terminated Plaintiff while he was under a doctor's care. Defendant filed the instant Motion to Quash Service of Summons, pursuant to Code of Civil Procedure section 418.10, contending that Plaintiff failed to properly serve Defendant under Code of Civil Procedure sections 416.10 and 415.20. At the time IAA filed the instant motion, Plaintiff had not filed a Proof of Service with the Court. Based on this omission...
2021.10.01 Motions to Quash Application and Order for Appearance and Examination 083
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.10.01
Excerpt: ...n this action, Plaintiff alleges that Defendants failed to provide it with, among other things, the rights to various master recordings despite payment exceeding $420,000. On August 27, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Hundred Entertainment, LLC (“Hundred”) and Levaie Brewer for (1) breach of oral contract, (2) declaratory relief, (3) monies had and received, (4) conversion, (5) fraud,...
2021.09.29 Motion to Quash, to Compel Responses, for Monetary Sanctions 993
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.29
Excerpt: ...orld Financial Center, LP (2) Plaintiff Keda Wang Responding Party: (1) None (2) None Tentative Ruling: (1) Defendants' Motion to Quash is denied. (2) Plaintiff's Motion to Compel is granted. Request for Sanctions is denied. On November 20, 2019, Plaintiff Keda Wang filed this action against Defendants SEC Euclid & Holt Avenue Property LP, Yatai Investment Group, LLC, World Financial Center LP, and Hogpeng Wang arising out of Plaintiff's investme...
2021.09.29 Demurrer, Motion to Strike 424
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.29
Excerpt: ... granted with 20 days' leave to amend. Background A. Complaint On November 12, 2020, Plaintiffs Seung Jin Jwa and Lizmemory, Inc. (“Liz”) filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) conversion, (3) embezzlement, (4) breach of fiduciary duty, (5) fraud, (6) fraudulent concealment, (7) negligent non-disclosure, (8) negligent misrepresentation, and (9) unjust enrichment. The allegations of the FAC are ...
2021.09.28 Demurrer 546
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.28
Excerpt: ...ch 11, 2021, Peter Paul Regina (“Plaintiff”) initiated the instant action. On May 3, 2021, Plaintiff filed a First Amended Complaint against Xavier Becerra, in his capacity as Attorney General of the State of California, Rob Bonta, in his capacity as Attorney General of the State of California, and Does 1 through 10 (collectively “Defendants”). Plaintiff's First Amended Complaint alleges the following causes of action against Defendants: ...
2021.09.24 Motion for Summary Judgment, Adjudication 192
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.24
Excerpt: ...to provide the missing pages from Ms. Count's deposition transcript with the relevant portions highlighted. In addition, the Court encourages the Parties to review their Separate Statement and the evidence cited therein to ensure that the information contained therein is correct and has been filed with the Court. This matter arises from Plaintiff Gabriela Alcazar's employment with Defendant Los Angeles County (“Defendant”). On November 7, 201...
2021.09.23 Motion for Summary Judgment, Adjudication 409
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.23
Excerpt: ...treet, Los Angeles, without legal process. The causes of action are: 1. FORCIBLE ENTRY 2. FORCIBLE DETAINER. MP Positions Moving party requests the Court to grant summary judgment, or adjudication, as follows:  The first cause of action for forcible entry, and second cause of action for forcible detainer, are false and unsupported allegations of allegedly wrongful acts committed by Defendant.  Defendant Broadway Exchange's Second Affirmativ...
2021.09.23 Motion for Leave to Amend 056
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.23
Excerpt: ...t Hero (“Plaintiff”) filed the operative Third Amended Complaint (“TAC”) against Defendant John Wordin for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) conversion, (7) money had and received, (8) violation of the UCL, and (9) declaratory relief. Among other things, Plaintiff alleges that it te...
2021.09.22 Demurrer 817
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.22
Excerpt: ... and Zuraja Gjokaj filed the operative First Amended Complaint (“FAC”) for (1) violations of the CLRA, (2) breach of express warranty in violation of Civ. Code § 1794, (3) breach of the implied warranty of merchantability, (4) failure to commence and complete repairs within reasonable time in violation of Civ. Code § 1793.2(b), (5) failure to promptly repurchase vehicle in violation of Civ. Code § 1793.2(d), (6) violation of the Song‐Bev...
2021.09.20 Motion for Summary Judgment 246
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.20
Excerpt: ...ivan Motor Cars, LLC for FEHA age discrimination. Defendant Sullivan Motor Cars, LLC moves for summary judgment. To analyze claims of discrimination under the FEHA based on a theory of disparate treatment, courts employ a three‐step, burden‐shifting test. (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354‐355 (“Guz”).) Because evidence of intentional discrimination is rare, the law permits the inference of discrimination based on fact...
2021.09.17 Motion for Summary Judgment, Adjudication 719
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.17
Excerpt: ...ary Judgment of Jeremy Mollet is granted. The Motion for Summary Adjudication of VincentBenjamin Group, LLC, VincentBenjamin Irvine Consulting, LLC, and VincentBenjamin Los Angeles Consulting, LLC is granted in part. On June 10, 2021, Plaintiff Samuel Brenner filed the operative Second Amended Complaint (“SAC”) for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) nonpayment of wages, (4) failure to ti...
2021.09.17 Demurrer, Motion to Strike, for Protective Order, to Extend Time 107
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.17
Excerpt: ... Brown Tentative Ruling: The Demurrer of the Moussazadehs & Revilo Realty, Inc. is sustained in part. The Demurrer of Ward Hanigan & Financial Fitness, LLC is sustained in part. The Motion to Strike is granted in part. The Motion for Protective Order is granted in part. The Motion to Extend Time is denied as moot. On March 22, 2021, Plaintiff Alexa Brown filed the operative Complaint against Defendants Oliver Moussazadeh, Alexander Moussazadeh, R...
2021.09.16 Motion for Reconsideration 092
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.16
Excerpt: ...ing (1) a determination of the validity of election and appointment of directors at The Oriental Mission Church (“OMC”) (Corp. Code § 9418), and (2) declaratory relief. On July 21, 2021, the Court found that the January 17, 2021, non‐congregational meeting at which there was an election was invalid. The Court ordered that there be a new election. On September 2, 2021, the Court denied various motions for clarification and injunctive relief...
2021.09.10 Motion for Attorney Fees 554
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.10
Excerpt: ...ant Richard Meruelo. The allegations of the FAC are as follows. Plaintiff was assigned unpaid debt relating to a promissory note secured by a construction deed of trust. Defendant Ricahrd Meruelo forged the borrowers signatures on the deed of trust. The borrowers thereafter defaulted and Plaintiff's assignor could not collect the entirety of the outstanding debt. Had the assignor known the deed of trust was forged, it would not have made the loan...
2021.09.07 Motion for Summary Judgment, Adjudication 039
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.07
Excerpt: ...with engine defects. On May 15, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) violation of the Song‐Beverly Act—breach of express warranty, (2) violation of the Song‐Beverly Act—breach of implied warranty, (3) violation of Song‐Beverly Act § 1793.2, (4) concealment, and (5) intentional misrepresentation. Defendant Kia Motors America, Inc. moves for summary judgment or, altern...
2021.09.02 Motion to Clarify and for Preliminary Injunction 092
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.02
Excerpt: ...tion is denied. On February 2, 2021, Plaintiffs Jang Geun Chung, Sung K. Lee, Bumyon Lee, Jihye Lee, Jennifer Rhee, Grace Kwak, Chris Pak, Aeja Lim, Sarah Pak, Kyung Sun Kim, and Dong Hee Bae filed a Complaint in case no. 21STCV04092 seeking (1) a determination of the validity of election and appointment of directors at The Oriental Mission Church (“OMC”) (Corp. Code § 9418), and (2) declaratory relief. (a) Election Status Report On July 21,...
2021.09.01 Motion for Summary Adjudication 069
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.09.01
Excerpt: ...ilure to comply with notice of termination of tenancy and three day notice to quit, (2) failure to comply with thirty day notice to perform covenant or quit, (3) failure to comply with notice of termination of tenancy and three day notice to quit, and (4) unlawful detention of premises due to defendant's failure to vacate at expiration of term of lease. Plaintiff J&J Hollywood, LLC seeks summary adjudication of the second and fourth causes of act...
2021.08.31 Motion to Set Aside Default Judgment 289
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.31
Excerpt: ...us, set an OSC re: Strike Answer for Defendant's Failure to Appear for April 30, 2021. Defendant did not appear at the OSC such that the Court struck his answer and entered default. The Court set an OSC re: entry of default judgment for May 20, 2021. On that date, the Court entered default judgment. Defendant Salvador Bustos seeks to set aside the default judgment in this action. Defense counsel provides that he did not appear on April 7, 2021, b...
2021.08.30 Motion to Exclude Expert Opinion 259
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.30
Excerpt: ...ent domain action. Plaintiff Los Angeles County Metropolitan Transportation Agency seeks a perpetual, assignable and exclusive subsurface easement, located approximately between 101 feet and 143 feet below finish grade of the real property located at 9730 Wilshire Boulevard, Beverly Hills, California, 90212, Assessor's Parcel Number 4328‐014‐ 005. Plaintiff seeks such easement for the purposes of extending the Metro Purple Line. The property ...
2021.08.25 Motion to Compel Further Responses 931
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.25
Excerpt: ...amara Brown (“Tamara”) filed the operative Complaint for breach of fiduciary duty. The allegations of the Complaint are as follows. BUI is in the business of stage and special event construction; Tamara is the owner of 51% stock in BUI and is its Chief Financial Officer. Beginning in or around July 2016, Plaintiffs engaged the services of Miller, Valles, Gardner CPAs, Inc., Mark Miller, and Jared Gardner as business consultants, advisors, and...
2021.08.24 Motion to Transfer Venue 291
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.24
Excerpt: ...ranted. This is an action in which it is alleged Defendants failed to provide sufficient care to Plaintiff Hill, whereby she became septic and died as a result. On December 23, 2020, Plaintiffs filed the operative First Amended Complaint (“FAC”) for (1) elder abuse/neglect against all defendants; (2) violation of Patients' Bill of Rights against Defendant Windsor Elmhaven Care Center, LLC; and (3) wrongful death against all defendants. Defend...
2021.08.24 Demurrer 353
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.24
Excerpt: ...e Company, Standard Insurance Company, Stancorp Financial Group, Link‐Allen and Associates, Inc., 455 Link‐Allen and Associates, and Does 1‐50 for (1) breach of disability insurance contract, (2) declaratory relief, and (3) breach of the implied covenant of good faith and fair dealing. On February 18, 2021, Plaintiff amended the Complaint to identify Doe 1 as Francis M. Fennie. Defendant Francis M. Fennie now demurs to all causes of action ...
2021.08.19 Motion to Set Aside Default 540
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.19
Excerpt: ...t, thus, set an OSC re: Strike Defendant's Answer for Failure to Appear for April 13, 2021. At the April 13, 2021, OSC, Frank Martini, a representative of Defendant, appeared for Defendant. The Court informed Frank Martini that he could not represent Defendant because he was not an attorney. There being no appearance by Defendant, the Court struck Defendant's Answer. Defendant's default was officially entered on May 26, 2021. Defendant Martini As...
2021.08.13 Motion for Protective Order 121
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.13
Excerpt: ...gal malpractice with respect to handling a lawsuit relating to medical negligence as to Plaintiff's cataract surgery. Plaintiff now seeks a protective order “prohibiting Defendant from taking the deposition of Plaintiff's counsel, and that other constraints be imposed on Mr. Sapir such that he cannot continue on a course of discovery abuse and abusive litigation and that he be limited in engaging in further written discovery without a further o...
2021.08.13 Demurrer, Motion to Strike 752
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.13
Excerpt: ...eave to amend is to be argued. On March 12, 2021, Plaintiff Reynaldo Ochoa filed the operative Complaint for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1795.5 and implied warranty of merchantability and fitness, (6) intentional misrepresentation, (7) concealment, (8) negligent misrepresentation, (9) fraudulent inducement, (10) false advertising, (11) violations of the ...
2021.08.13 Demurrer, Motion to Strike 204
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.13
Excerpt: ...ve First Amended Complaint (“FAC”) against Defendants Moira Shourie, Zocalo Public Square, Arizona State University (“ASU”), and Gregory Rodriquez alleging nineteen causes of action, particularly FEHA and Labor Code violations. I. Demurrer ASU demurs to all causes of action for lack of jurisdiction and failure to state sufficient facts. Specifically, ASU contends “this Court lacks subject matter jurisdiction to hear Plaintiff's claims a...
2021.08.12 Motion to Quash Subpoena 519
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.12
Excerpt: ... trade secrets relating to its produce business in order to aid and join a competitor. On September 1, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) trade secret misappropriation, (2) breach of fiduciary duty, (3) intentional interference with contract, (4) breach of loan agreement, (5) breach of confidentiality agreement, (6) violations of the UCL, (7) aiding and abetting breach of fiduciary duty, and (8) intent...
2021.08.10 Demurrer, Motion to Strike 285
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.10
Excerpt: ...t Defendant County of Los Angeles (“County”) for (1) breach of contract, (2) violations of the UCL, and (3) declaratory relief. Plaintiffs allege as follows. Plaintiffs sought a garage conversion through PACE financing, which is sponsored by the County. “Plaintiffs were approved for the PROGRAM on July 13, 2019 for the amount of $70,911.40 (plus fees and interest) and were required to enter into a written contract with Defendant COUNTY and ...
2021.08.09 Motion to Transfer Venue 717
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.09
Excerpt: ...(2) breach of implied covenant, (3) violations of the UCL, (4) defamation per se—libel, (5) negligent interference with prospective economic advantage, (6) negligence, (7) unjust enrichment, (8) intentional infliction of emotional distress, (9) negligent infliction of emotional distress, and (10) punitive damages. The allegations of the Complaint are as follows. Plaintiff entered into a contract in which he agreed to sell a food trailer to Defe...
2021.08.09 Demurrer 039
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.09
Excerpt: ... Complaint for (1) FEHA discrimination, (2) FEHA harassment, (3) wrongful termination, and (4) intentional infliction of emotional distress (“IIED”). Defendants DNH Aero Finishing Inc., Jose Luis Nerey, Erik Hernandez, and Daniel Vasquez demur to the second and fourth causes of action for failure to state sufficient facts. Defendants argue (1) severe and pervasive conduct is not pled for purposes of a harassment claim; (2) the IIED claim is b...
2021.08.06 Motion to Compel Further Responses, for Protective Order 265
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.06
Excerpt: ... Order is granted. On October 23, 2019, Plaintiff Bahram Movaffaghi filed the operative Complaint for negligence. Plaintiff alleges Defendant Caroline Valdez rear‐ended him on the highway, causing both personal and property damage. I. Motion to Compel Plaintiff seeks to compel Defendant Valdez to provide further responses to his requests for production, set two, nos. 37‐41. This discovery relates to surveillance videos and photos of the Plain...
2021.08.06 Motion for Undertaking 351
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.06
Excerpt: ...ing Party: Plaintiff Jane Doe Tentative Ruling: The Motion is granted in part. On October 17, 2018, Plaintiff Jane Doe filed the operative Complaint against Defendants Standard International Management, LLC and Does 1-50 for (1) invasion of privacy, (2) negligence, (3) premises liability, and (4) negligent hiring, supervision, and retention. The allegations of the Complaint are as follows: Plaintiff Jane Doe (“Plaintiff”) stayed at The Standa...
2021.08.04 Demurrer 519
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.08.04
Excerpt: ...Inc., and Kingstone Capital, LLC for (1) constructive fraud; (2) breach of fiduciary duty; (3) professional negligence; (4) fraud (failure to disclose); (5) fraud (intentional misrepresentation); (6) unfair business practices; and (7) unjust enrichment. Plaintiff alleges, “The facts of this case concern a real estate scam orchestrated by the Defendants. Defendant Incan Project Development Inc. (‘Incan') and Defendant James Escudero (‘Escude...
2021.07.30 Motion to Compel Arbitration 081
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.07.30
Excerpt: ...��Beverly Act. Defendants Mercedes‐Benz USA, LLC and Keyes European seek to compel arbitration based on an arbitration provision found in the lease agreement between Plaintiff and the dealer, Defendant Keyes European. The subject arbitration provision is as follows: Any claim or dispute, whether in contract, tort or otherwise (including any dispute over the interpretation, scope, or validity of this lease, arbitration section or the arbitrabili...
2021.07.30 Motion for Leave to File SAC 008
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.07.30
Excerpt: ...tiffs Susan Hannaford, Marquessa Margolin, Bella M.H., a minor, and Emmanuel M.H., Jr., a minor, filed the First Amended Complaint (“FAC”) for (1) child endangerment, (2) libel per se, (3) slander per se, (4) libel per quod, (5) slander per quod, (6) false light, (7) statutory violation of right of publicity, (8) common law violation of right of publicity, (9) stalking, (10) aggravated stalking, (11) civil extortion, (12) attempted extortion,...
2021.07.28 Motion for Preliminary Injunction 609
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.07.28
Excerpt: ...The Motion for Preliminary Injunction is granted in part. On May 7, 2021, Plaintiffs Playboy Enterprises International, Inc. and Products Licensing LLC filed the operative First Amended Complaint (“FAC”) against Defendants Advanced Vita Supplements, AVS Products LLC, and Sasha Matloob for (1) breach of contract, (2) violation of Bus. & Prof. Code § 17200, (3) violation of Bus. & Prof. Code § 17500, (4) declaratory relief, and (5) an account...
2021.07.21 Motion to Determine Validity, to Appoint Provisional Director 005
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.07.21
Excerpt: ...Tentative Ruling: The Motion to Determine Validity is granted. The Election and Appointment of Directors was invalid. The Motion to Appoint Provisional Director is denied. Application: As to the March 2, 2021, notice of ruling, paragraph 7 is stricken and shall be deemed to now read,“The Court related case nos. 20STCV42005 and 21STCV04092.” The Request to dismiss OMC as Plaintiff and to add OMC as a nominal Defendant is denied as moot. On Nov...
2021.07.15 Motion for Preliminary Injunction 770
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.07.15
Excerpt: ...ally and derivatively on behalf of Lucas King, LLC (“Lucas”), filed the operative Complaint against Defendants Tabitha De La Torre and Lucas for (1) conversion (derivative), (2) breach of fiduciary duty (derivative), (3) breach of operating agreement (direct), (4) accounting (direct), and (5) dissolution (direct). Plaintiffs Harriet Fleming and Peter K. Robbins now seek a preliminary injunction. The gist of the facts for the instant Motion is...
2021.07.14 Demurrer, Motion to Strike 247
Location: Los Angeles
Judge: Doyle, John P
Hearing Date: 2021.07.14
Excerpt: ... operative Complaint against Defendants Carmax Auto Superstores California, LLC and FCA US, LLC for (1) breach of implied warranty, (2) breach of express warranty, (3) violation of the Song-Beverly Act, and (4) violation of Uniform Commercial Code (“UCC”). I. Demurrer Defendant Carmax Auto Superstores California, LLC demurs to all causes of action for failure to state sufficient facts. Defendant argues that Plaintiff's claims fail because the...

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