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2023.03.30 Motion to Compel Further Responses, for Sanctions 546
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2023.03.30
Excerpt: ...AY: an Individual; ZACHARY MYERS: an individual; and DOES 1-10, inclusive on January 13, 2023, alleging 12 causes of action arismg from an alleged breach of conffact_ Specifically: plaintiff alleges defendants attempted to deprive it of S 1 million promised for its tansfer of intellectual property and specialized culinary machinery to Defendant Sound Nuffition: Inc. ("SW). SNI is a snack bar company founded by CRIZs owner and founder, Roberto Cap...
2023.03.15 Motion to Quash Service of Summons 659
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2023.03.15
Excerpt: ...e Benjamin, and Katrina Ashton's Motion to Quash Service of Summons and the First Amended Complaint is GRANTED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Grover Henry Colin Nix, IV (“Nix”) purchased real property located at 2651 Aberdeen Ave., Los Angeles, CA (the “Subject Property”) in 2007. (FAC ¶ 17.) To finance the purchase, Nix retra...
2023.03.02 Demurrer to SAC 370
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2023.03.02
Excerpt: ...emurrer to the Second Amended Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for uninhabitable conditions in a residential property. The operative Second Amended Complaint alleges as follows. Plaintiff Kandee Gilbert Lewis (“Plaintiff”) lives in a residential unit (the “Subject Property”) managed or maintained by Defendants Holt Avenue Housing Partners, LLC, Holt Avenue Development Co., LLC, and Shield of Faith Economic Deve...
2023.02.15 Motion to Compel Arbitration 447
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2023.02.15
Excerpt: ... State Farm denies Petitioner's claim, the proper procedure is for Petitioner to file a Civil Action against State Farm alleging breach of contract. As State Farm has denied Petitioner's claim for failure to cooperate in the investigation, Petitioner must file a separate civil action for breach of contract if he wishes to proceed. FACTUAL BACKGROUND This is an action to compel arbitration following two motor vehicle collisions. The Petition to Co...
2023.02.09 Petition to Confirm Arbitration Award 522
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2023.02.09
Excerpt: ...l. ¶ 16.) In May 2015, Plaintiff injured his foot and ankle. (Compl. ¶ 17.) Plaintiff was treated by a doctor and was placed on work restrictions. (Ibid.) When Plaintiff informed his supervisor of his restrictions, Plaintiff's supervisor informed Plaintiff that his restrictions could not be accommodated before Plaintiff engaged in the good faith interactive process. (Ibid.) Plaintiff quit his position. (Ibid.) In June 2015, Plaintiff returned t...
2022.12.08 Motion to Strike Costs 586
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.12.08
Excerpt: ...n to the Motion for Summary Adjudication is ordered stricken from the Memorandum of Costs. FACTUAL BACKGROUND This is an action for violations of unfair competition law and false advertising law. The Complaint alleges as follows. Plaintiff is the People of the State of California, by and through the Attorney General of California. Plaintiff alleges that the Defendants have engaged in an unlawful telemarketing scam involving more than 400 consumer...
2022.12.08 Motion for Summary Judgment 186
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.12.08
Excerpt: ...neral Premier Insurance Company's Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND This is an action for insurance coverage of an uninsured motorist. The Petition to Compel Arbitration (“PCA”) alleges as follows. Respondent National General Premier Insurance Company (“National”) issued to Petitioner Edward Constantian (“Constantian”) a bodily injury liability insurance policy (the “Policy”) containing uninsured motorist c...
2022.11.23 Motion to Strike Declaration, for Sanctions and Entry of Default 307
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.11.23
Excerpt: ... Inability to Meet and Confer is DENIED. Plaintiff S. David Sedaghat's Request for Sanctions and Entry of Default is DENIED. FACTUAL BACKGROUND This is an action related to Plaintiff's representation in an underlying wrongful death action. The operative Second Amended Complaint (“SAC”) alleges as follows. Plaintiff S. David Sedaghat's (“Sedaghat”) father, Nasser Sedaghat (“Decedent”) was a patient at Defendant Tarzana Health and Rehab...
2022.11.22 Motion for Leave to File FAC 830
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.11.22
Excerpt: ...nded Complaint is GRANTED. Plaintiffs have thirty days to file the First Amended Complaint. FACTUAL BACKGROUND This is a lemon law case. The Complaint alleges as follows. Plaintiffs Crhistian I. Garcia Escalona (“Escalona”) and Janie Garcia (“Garcia”) (Collectively “Plaintiffs”) purchased a used 2015 Ram 1500 (“Subject Vehicle”) from South Bay Hyundai. (Compl. ¶ 6.) In connection with their purchase, Plaintiffs received an expres...
2022.11.22 Demurrer, Motion to Strike 483
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.11.22
Excerpt: ... days leave to amend. The remainder of Defendant's Motion to Strike is DENIED. FACTUAL BACKGROUND Plaintiff Caesar Montoya (“Plaintiff”) was employed by Defendant Kostiv & Associates (“Defendant”) from August 2018 to July 30, 2021 as the Firm's in-house General Counsel. (Compl. ¶ 10.) Near the end of 2018, Plaintiff discovered that Defendant was paying a few employees under the table to avoid payroll taxes. (Compl. ¶ 12.) Plaintiff comp...
2022.11.16 Motion for Preliminary Injunction 174
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.11.16
Excerpt: ...nsider Plaintiff's arguments as to why Multi- Housing Tax Credit Partners' proffered loan does not effectively maintain the status quo while the parties undergo arbitration, thereby obviating the need for a preliminary injunction. FACTUAL BACKGROUND This is an action regarding a partnership dispute. The Complaint alleges as follows. In June 2002, Plaintiff Corporation for Better Housing (“CBH”) and Defendant Multi-Housing Tax Credit Partners'...
2022.11.01 Demurrer 295
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.11.01
Excerpt: ...tiff”) is a blind individual who requires screen reading software to read website content and to access the internet. (Compl. ¶ 5.) Defendant PTC Therapeutics, Inc.'s (“Defendant”) website contains several access barriers that prevent Plaintiff, and other visually- impaired consumers, from equal access to the website. (Ibid.) Plaintiff accessed the website with the intention to gain information about Defendant and its products, and to test...
2022.11.01 Demurrer to SAC, Motion to Strike 307
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.11.01
Excerpt: ...t Cause of Action is OVERRULED. Defendant Stewart J. Levin's Demurrer to the Fourth, Fifth, and Eighth Causes of Action is SUSTAINED without leave to amend. Defendant Dr. Kamran Kamrava's Demurrer to the Fourth and Fifth Causes of Action is SUSTAINED without leave to amend. Defendant Stewart J. Levin's Motion to Strike is GRANTED as to the new causes of action and allegations pertaining to mediation and settlement agreements. Defendant Stewart J....
2022.10.28 Motion to Compel Arbitration 129
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.28
Excerpt: ...aims against Maryland Marketsource, Inc. and Ford Motor Company are stayed pending arbitration. Plaintiff's claim against South Bay Ford, Inc. is stayed in this Court pending completion of arbitration of the above listed claims. FACTUAL BACKGROUND This is an action for workplace discrimination and wrongful termination. The Complaint alleges as follows. Defendant Maryland Marketsource, Inc. (“MMI”) hired Plaintiff Robert Hernandez (“Hernande...
2022.10.28 Motion for Attorney Fees 564
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.28
Excerpt: ...ether, this equals $12,524.50. FACTUAL BACKGROUND This is an action brought under the Song-Beverley Consumer Warranty Act. The Complaint alleges as follows. On or about August 29, 2019, Plaintiff Hayk Bambakyan (“Plaintiff”) leased a vehicle (the “Subject Vehicle”) that was manufactured, distributed and/or warrantied by Defendant Jaguar Land Rover North America, LLC (“JLRNA”). (Compl. ¶ 1.) The vehicle was sold with an express limite...
2022.10.27 Motion for Attorney Fees 517
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.27
Excerpt: ...of $74,018.49 FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. On January 5, 2018, Plaintiff John Zheng (“Zheng”) and Defendants Sally Ing (“Sally”) and Samuel Ing (“Samuel,” and together with Sally, the “Ings”) entered into a commercial property purchase agreement for the Ing's purchase from Zheng of a commercial real estate property (the “Property”). (Compl. ¶ 5.) At the same time, t...
2022.10.27 Demurrer to FAC 370
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.27
Excerpt: ...C's Demurrer to the Sixth Cause of Action is SUSTAINED. Defendants Holt Avenue Housing Partners, LP and Holt Avenue Development Co., LLC's Demurrer to the Tenth Cause of Action is OVERRULED. FACTUAL BACKGROUND This is an action for uninhabitable conditions in a residential property. The Complaint alleges as follows. Plaintiff Kandee Gilbert Lewis (“Plaintiff”) lives in a residential unit (the “Subject Property”) managed or maintained by D...
2022.10.19 Motion for Summary Adjudication 653
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.19
Excerpt: ...n agreement. The Complaint alleges as follows. On July 26, 2017, Plaintiff JPMorgan Chase Bank, N.A. (“Chase”) loaned Defendant Domain Integrated (“Domain”) $300,000.00 (the “Loan”). (Compl. ¶ 7.) Also on July 26, 2017, Defendant Michele Steinberg (“Steinberg”) executed a Continuing Guaranty on the Loan. (Compl. ¶ 8.) Also on July 26, 2017, Defendant Steinberg Group (“Steinberg Group”) guaranteed repayment of the Loan. (Comp...
2022.10.14 Motion to Compel Arbitration and Stay Action 586
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.14
Excerpt: ...y Defendants Alpha Group Marketing, Inc. (“Alpha”) and MELA Group, Inc. (“MELA” and together with Alpha, “Employer”) beginning in September 2021. (Compl. ¶ 16.) Plaintiff was supervised by non-party Tim Johnson and Defendant Michael Flynt (“Flynt” and together with Employer, “Defendants”). (Compl. ¶ 20.) In a September 13, 2021, staff meeting, Flynt used racial epithets to refer to Plaintiff and other African American employ...
2022.10.13 Motion to Quash Service of Summons, to Set Aside and Recall Order for Publication 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.13
Excerpt: ...ANTED. FACTUAL BACKGROUND This is a real estate contract dispute. The Complaint alleges as follows. Plaintiff George Santopietro (“Santopietro”) entered into a contract with Defendant James Harden (“Harden”) and his agents, Defendants Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals, LLC (“LA Real Estate”), and Solimar Management, LLC (“Solimar”), for Harden to re...
2022.10.13 Demurrer 377
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.13
Excerpt: ... have thirty days to answer. FACTUAL BACKGROUND This is an action for negligence. The Complaint alleges as follows. Plaintiff Christopher Jose Acosta (“Plaintiff”) is a tow truck operator. (Compl. ¶ 9.) On February 2, 2022, Plaintiff was dispatched to the scene of a car collision after Plaintiff's employer received a call from the responding officer, Defendant Aaron Gonzalez (“Gonzalez”). (Ibid.) Gonzalez was an employee of Defendant Cal...
2022.10.13 Application to Stay and Ascertain Value of Membership Interest 301
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.13
Excerpt: ...The Judicial Dissolution Cause of Action is stayed pending valuation. Within seven days, the parties are to submit independent lists of five neutral appraisers, from which the Court will select three to undertake the appraisal process. The purchasing parties are ordered to issue a bond in the amount of $100,000.00. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The Third Amended Complaint (“TAC”) alleges as follows. Nomi...
2022.10.06 Motion to Strike 074
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.06
Excerpt: ...l uninhabitability. The Complaint alleges as follows. Plaintiff Jamon Brown (“Plaintiff”) rented residential property located at 1025 North Serrano Avenue, Los Angeles, CA (the “Subject Property”). (Compl. ¶ 1.) Defendants San Marino Street Properties (“San Marino”) and Eleanor Avenue Properties LLC (“Eleanor Avenue” and together with San Marino “Defendants”) were the managers, owners, or agents of the Subject Property. (Comp...
2022.10.06 Motion to Deem RFAs Admitted, for Monetary Sanctions 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.06
Excerpt: ...., Cross-Defendants. Plaintiff Xiaoxing Zhang's Motion for an Order Deeming Admitted Truth of Facts and Genuineness of Documents is GRANTED. Plaintiff Xiaoxing Zhang's Motion for Monetary Sanctions is GRANTED in the amount of $1,244.15. FACTUAL BACKGROUND This matter arises from an alleged breach of contract. The Complaint alleges as follows. Plaintiff Xiaoxing Zhang (“Plaintiff”) negotiated with Defendant Zhe Zhang (“Zhang”) regarding re...
2022.10.06 Demurrer to SAC 702
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.06
Excerpt: ...tion, the Court will consider arguments at hearing as to whether leave to amend should be granted. FACTUAL BACKGROUND This is an action for Breach of Contract. The operative Second Amended Complaint (“SAC”) alleges as follows. Beginning in 2013, Plaintiff Niakan Family Partnership (“Plaintiff”) entered into a joint venture with Defendants ASES Electrical Group, Inc. (“ASES”) and Daniel Nazarian (“Nazarian” and with ASES, “Defend...

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