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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...
2022.10.03 Motion for Summary Judgment 150
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.10.03
Excerpt: ...CKGROUND This is an action for legal malpractice. The Complaint alleges as follows. In 2017, Plaintiff Delianne Wing (“Plaintiff”) and her then-husband, non- party Michael Wing (“Michael”) obtained the legal services of Defendant Kirk O. Broberg (“Broberg”) and his firm, Callister, Broberg & Becker, ALC (“CBB” and together with Broberg, “Defendants”) to aid with estate planning matters. (Compl. ¶ 8.) With Defendants guidance,...
2022.09.28 Motion to Bifurcate 517
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.28
Excerpt: ...�Peacock”), Cesar Esparza (“Esparza”), Stella Peacock- Bernadini (“Stella”), Joaquin Peacock-Esparza (“Joaquin”), and Benecio Peacock-Esparza (“Benecio”) resided in the subject property (the “Property”) from January 15, 2016 to July 1, 2019, pursuant to a lease agreement. (Compl. ¶¶ 1-2.) During the lease period the Property had numerous defects and dangerous conditions including substantial leaking and mold, damaged floor...
2022.09.28 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.28
Excerpt: ...N TABIBI'S MOTION TO STRIKE PORTIONS OF THE CROSS- COMPLAINT DEL SOL PROPERTY MANAGEMENT, INC., et al., Cross-Complainants, vs. ENCINO NEWCASTLE HOMEMOWNERS ASSOCIATION, INC., et al., Cross-Defendants. Cross-Defendants' Demurrers to the Cross-Complaint are OVERRULED. Cross-Defendants have thirty days to Answer. Cross-Defendants' Motions to Strike Portions of the Cross-Complaint are DENIED. FACTUAL BACKGROUND This is a breach of contract, breach o...
2022.09.22 Motion for Summary Judgment, Adjudication 594
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.22
Excerpt: ...tion, as well as the issue of Punitive Damages, is DENIED. Defendants' Motion for Summary Adjudication of the Fifth, Sixth, and Eighth Causes of Action is GRANTED. Defendants' Motion for Summary Adjudication of the Ninth Cause of Action is DENIED as to Starbucks and GRANTED as to Michno. FACTUAL BACKGROUND This is an action for employment discrimination and wrongful termination. The Complaint alleges as follows. Plaintiff Jayne Montarbo (“Plain...
2022.09.22 Demurrer to FAC 762
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.22
Excerpt: ...keye has thirty days to answer. FACTUAL BACKGROUND This is an action for Breach of Contract stemming from Defendants Continental Casualty Company and Northfield Insurance Company's refusal to defend Plaintiffs Zonwei Shen, Zhong Xin and Sanyiweile, Inc. in an underlying tort claim. The Complaint alleges as follows. Plaintiffs Toiah Gordon (“Gordon”), Morganne Mersadie Root (“Root”) and Karina Carrero (“Carrero”) were sexually assaulte...
2022.09.22 Demurrer to FAC 183
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.22
Excerpt: ...tate leasing agreement. The operative First Amended Complaint (“FAC”) alleges as follows. In December 2019, Plaintiff D/AQ Corporation dba Daum Commercial Real Estate Services (“Plaintiff”) entered into an AIR CRE Exclusive Right to Represent for Sale or Lease of Real Property (Non-Residential) Agreement (the “Listing Agreement”) with Defendant Ivan J. Vasilj (“Defendant”) regarding the sale of two of Defendant's properties (the �...
2022.09.21 Motion for Trial Preference 465
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.21
Excerpt: ... Centre, LLC, Brius Management Co., and Rockport Administrative Services (together, “Management Defendants”) owned and/or operated Pomona Healthcare. (Compl. ¶ 5.) The Management Defendants have acted in coordination to siphon Pomona Healthcare's profits for the benefit of their owner, Shlomo Rechnitz. (Compl. ¶ 13.) Additionally, Pomona Healthcare regularly receives vastly more complaints and reported incidents than comparable facilities. ...
2022.09.20 Motion to Disqualify Counsel 737
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.20
Excerpt: ...nc.; Onni Real Estate IX, LLC; Onni South Hill Limited Partnership, Onni Manhattan Beach Realty, LLC; Manhattan Beach Holdings; and Suretec Insurance Company's (together, “Defendants”) Motion to Disqualify Tony Blain and Blain & Associates from Serving as Counsel for Domus Design Group, LLC is DENIED. Domus's request for sanctions is DENIED. FACTUAL BACKGROUND This is an action for breach of contract and foreclosure of mechanic's lien. The Fi...
2022.09.20 Motion for Leave to File Lis Pendens, for Attorney Fees 991
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.20
Excerpt: ..., Inc.'s Motion for Attorney Fees is GRANTED in the amount of $21,724.95. FACTUAL BACKGROUND This is an action relating to a commercial lease. The operative First Amended Complaint (“FAC”) alleges as follows. In 2013, Plaintiff Caesar Capital (“Caesar”) entered into a commercial lease (the “Original Lease”) with Defendant PM Factors, Inc.'s (“PM Factor”) predecessor in interest for office space (the “Original Suite”) in proper...
2022.09.06 Motion to Strike 091
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.06
Excerpt: ... The Complaint alleges as follows. Plaintiff Chenlu Nie (“Nie”) was employed by Defendants Apex Data Center, Inc. (“Apex Data”), Jacky Lo (“Lo”), Linda Bao (“Bao”), and Bo Qian (“Qian”) from August 1, 2018 to September 16, 2019. (Compl. ¶ 1.) The parties executed an employment agreement for Nie. In exchange for Nie's services, Nie was to be paid a salary of $120,000 per year, payable at $10,000 per month beginning August 1, 2...
2022.09.06 Motion to Continue Trial 469
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.06
Excerpt: ...int (“SAC”) alleges as follows. Plaintiffs Serpouhie Sarkissian (“Sue”) and Jirair Sarkissian (“Jirair”) are a married couple who were close friends with a family, Defendants Antranik Baghdassarian (“Antranik”), Ohan Baghdassarian (“Ohan”), Rostom Baghdassarian (“Rostom”), and Tsolak Khatcherian (“Tsolak”). (SAC ¶¶ 12- 14.) In September 1998, Antranik asked Sue for $350,000 to grow his cheese business and sent a lett...
2022.09.06 Demurrer to FAC, Motion to Strike 846
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.06
Excerpt: ...to punitive damages. Defendant Morris National, Inc.'s Motion to Strike is DENIEDas to Declaratory Relief and Injunctive Relief. Defendant has thirty days to file a responsive pleading. FACTUAL BACKGROUND This is an action for workplace discrimination and wrongful termination. The operative First Amended Complaint (“FAC”) alleges as follows. Defendant Morris National, Inc. (“Defendant”) employed Plaintiff Angelica Jimenez (“Plaintiff”...
2022.09.02 Demurrer to FAC 620
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.02
Excerpt: ... No Notice of Association of Counsel has been filed for either Defendant since that date. As Supra National Express is a corporate entity, it cannot appear without representation. A Status Conference re Representation of Defendants has been set for this date, and should Supra attempt to appear without Counsel, the Court will consider whether to dismiss the matter or continue it until a later date. FACTUAL BACKGROUND NELSON OCHOA, Plaintiff, vs. S...
2022.09.02 Demurrer to FAC, Motion to Strike 818
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.02
Excerpt: ...fendant Super Center Concepts, Inc.'s Demurrer to the Second, Third, and Fourth Causes of Action is OVERRULED. Defendant has thirty days to file a responsive pleading. Defendant Super Center Concepts, Inc.'s Motion to Strike is DENIED. FACTUAL BACKGROUND Defendant Super Center Concepts, Inc. (“Super Center”) operates Superior Grocers. (FAC ¶ 2.) On November 1, 2019, Plaintiff La Tresea Chennette (“Plaintiff”) went grocery shopping at a S...
2022.09.02 Petition for Approval of Compromise of Minor's Claim 125
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.02
Excerpt: ...ise of the Claim for a Minor are GRANTED as to all minors. FACTUAL BACKGROUND This is an action for uninhabitability of a rental property. The Complaint alleges as follows. Since approximately January 2018, Plaintiffs Victor Montes (“Victor”) and Veronica Montes (“Veronica” and together with Victor, “Parents”) lived in a residential unit at 15351 Woodruff Pl., Bellflower CA (the “Subject Property”) with their children Henry Montes...
2022.09.01 Motion for Sanctions and Dismissal of Complaint 587
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.01
Excerpt: ...s-Defendants. Defendant Edwin Kendrick's Motion for Sanctions and Dismissal of the Complaint is Denied. Plaintiff 2120 Foothill Properties, LLC's Request for Sanctions is DENIED. FACTUAL BACKGROUND This is an action for breach of a commercial lease. The Complaint alleges as follows. On August 29, 2014, Plaintiff 2120 Foothill Properties, LLC (“Foothill”) and Defendant Edwin Kendrick (“Kendrick”) entered into an agreement for Kendrick to l...
2022.09.01 Demurrer to FAC 326
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.09.01
Excerpt: .... BEVERLY OB & GYN MEDICAL CENTER, INC., et al., Cross-Defendants. Cross-Defendants Beverly OB & GYN's Medical Center, Inc. and Dr. Edward Ahn's Demurrer to the First Amended Cross-Complaint is SUSTAINED. Cross-Complainant is granted twenty days leave to amend. FACTUAL BACKGROUND This is an action for a landlord/tenant disagreement. Plaintiffs Beverly OB & GYN Medical Center, Inc.(“Beverly”) and Dr. Edward Ahn (“Dr. Ahn”) (“Plaintiffs�...
2022.08.31 Motion to Recover Reasonable Expenses 884
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.31
Excerpt: ...for Admission is DENIED. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges as follows. Plaintiff Peaches Nong Jensen (“Jensen”) owned Plaintiff Peachtree Financial Corporation (“Peachtree”), and Defendant Perry Leonard Segal (“Segal”) owned Defendant Charon Solutions, Inc. (“Charon”). (Compl. ¶ 18.) Peachtree and Charon in turn were 50% members of a company called P&P Holdings, LLC (“P&P). (C...
2022.08.31 Demurrer to FAC 189
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.31
Excerpt: ...dants' Demurrer to the Fourth, Sixth, and Seventh Causes of Action is OVERRULED. FACTUAL BACKGROUND This is an action for assorted workplace violations and wrongful death. The operative First Amended Complaint (“FAC”), brought by Decedent Greggory Hubbard's (“Hubbard”) mother, Consuela Hubbard (“Plaintiff”) and the Estate of Gregory Hubbard (the “Estate” and together with Plaintiff, “Plaintiffs”) alleges as follows. Hubbard wa...
2022.08.17 Motion to Compel Arbitration 166
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.17
Excerpt: ...is is an action for employment discrimination and wrongful termination. The operative First Amended Complaint alleges as follows. Plaintiff David Cartagena (“Plaintiff”) was employed by Defendant Los Angeles-M (“LAM”) for over half a decade, working at a Mercedes Benz dealership. (FAC. ¶ 10.) Plaintiff's supervisors, Rahi Moghaddam (“Moghaddam”) and Bryan Radin (“Radin” and together with Moghaddam, “Supervisors”), regularly d...
2022.08.17 Demurrer to TACC 426
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.17
Excerpt: ...ENOVATION, INC. Cross-Complainant, vs. REYES HEATING & AIR CONDITIONING, et al., Cross-Defendants. The Demurrers to the Second, Fourth, Fifth, and Sixth Causes of Actions are SUSTAINED with twenty days leave to amend as to both Cross- Defendants. The Demurrers to the Third Cause of Action are SUSTAINED without leave to amend as to both Cross-Defendants. FACTUAL BACKGROUND This is an action originally brought by Fung Bark Lau and Yang He (“Plain...
2022.08.16 Demurrer to FAC 381
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.16
Excerpt: ...enty days leave to amend. The Demurrer to the Tenth Cause of Action for Intentional Infliction of Emotional Distress is OVERRULED as to Defendants Guzman and Outfront and SUSTAINED without leave to amend as to Zubiate and Duronslet. LUIS MANUEL LOPEZ, Plaintiff, vs. OUTFRONT MEDIA INC., et al. , Defendants. Case No: 22STCV05381 Hearing Date: August 16, 2022 [TENTATIVE] RULING RE: DEFENDANTS OUTFRONT MEDIA, INC., OUTFRONT MEDIA, LLC, RICK GUZMAN, ...
2022.08.12 Motion to Quash Deposition Subpoena for Employment Records 669
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.12
Excerpt: ...GROUND This is an employment action. The operative First Amended Complaint alleges as follows. Plaintiff Mary Pat Dodson (“Plaintiff”) was hired by Defendant City of Monterey Park (the “City”) as a literacy coordinator in September, 2019. (FAC ¶ 4.) She worked there until her termination on or around October 7, 2020. (Ibid.) While employed with the City, Plaintiff was subject to discrimination based on her age and disability. (FAC ¶ 7.)...
2022.08.12 Motion to Compel Arbitration 596
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.12
Excerpt: ...efendant Hyundai Motor America (“Defendant”). (Compl. ¶ 2). The Subject Vehicle was new and had significant nonconformities during the factory warranty period. (Compl. ¶ 3.) Despite repeated attempts to repair the Subject Vehicle, Defendant has not been able to remedy the defects. (Compl. ¶ 5.) PROCEDURAL HISTORY On March 18, 2022, Plaintiff filed the Complaint asserting one cause of action for Violation of the Song-Beverly Consumer Warran...
2022.08.09 Motion for Leave to File Amended Complaint 369
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.09
Excerpt: ...e of this Order. FACTUAL BACKGROUND This is action for wrongful discharge. The Complaint alleges as follows. Plaintiff Irma Rodriguez (“Rodriguez”) was employed by defendant Direct Therapy S&P, Corporation (“DT”) as a speech therapist for children. (Compl. ¶ 8.) DT scheduled Rodriguez's home therapy appointments very close together, such that she did not have sufficient travel time between appointments and was frequently late. (Ibid.) Th...
2022.08.09 Motion to be Relieved as Counsel 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.09
Excerpt: ... 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 renovations to the Subject Properties (the “Project”). (Compl. ¶ 11.) Zhang required payments of two “deposits” before any contract was signed and work began. (Compl. ¶¶ 13- 14.) The contract ultimately presented by the Defenda...
2022.08.09 Motion to Compel Arbitration 031
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.08.09
Excerpt: ...: 22STCV08031 Hearing Date: August 9, 2022 [TENTATIVE] RULING RE: DEFENDANTS' MOTION TO COMPEL ARBITRATION was employed by Defendant William M. Dorfman, D.D.S. (“Dorfman”) for 14 years. (Compl. ¶ 1.) Plaintiff witnessed illegal conduct on multiple occasions while employed there. (Compl. ¶ 14.) Plaintiff complained to Dorfman about her concerns, but they went unaddressed. (Compl. ¶ 19.) Plaintiff informally told Dorfman's attorney, Barry Ka...
2022.06.16 Demurrer to SAC 023
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.06.16
Excerpt: ...ND This is an action for declaratory relief. The operative Second Amended Compliant alleges as follows. Plaintiff George J. Gerro (“Plaintiff”) brings this action against Defendant Christopher S. Shultz in his capacity as the Commissioner of Financial Protection and Innovation of the State of California (“Defendant”). Defendant issued BlockFi, Inc.[1] (“BlockFi”) a Finance Lender License (the “License”) pursuant to Finance Code se...
2022.06.16 Motion for Summary Judgment 036
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.06.16
Excerpt: ... Judgment is CONTINUED until a date to be determined at the hearing. FACTUAL BACKGROUND This is an action for employment discrimination and wrongful discharge. The Complaint alleges as follows. Plaintiff Barbara Gregory (“Plaintiff”) was jointly employed as a property manager by Defendants 5th Street Investment Company, LLC (“5 th Street”), 1991 Investment Company, LLC (“1991” and together with 5 th Street, “Moving Defendants”), D...
2022.03.01 Motion to Strike 056
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.03.01
Excerpt: ...is is an employment discrimination and retaliation action. The Complaint alleges as follows. Beginning in August 2020, Plaintiff Maria Hernandez Pocasangre (“Pocasangre” or “Plaintiff”) was jointly employed as a Stocker / Labeler and Shipment Processor by Defendants National Retail Transportaion, Inc. (“NRT”), Paramount, LLC (“Paramount”) and Skillset Group, LLC (“Skillset”) (collectively, “Defendants”). (Compl. ¶ 11.) On...
2022.02.10 Motion for Assignment Order 851
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.10
Excerpt: ...ng Order, and Turnover Order is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. On or about January 7, 2020, Plaintiff EBF Partners, LLC dba Everest Business Funding (“EBF”) purchased future receipts from Defendant She Beverage Company, Inc. (“Company”) in the sum of $204,000.00 in exchange for payment to Defendant Company of $150,000.00. Defendant Company e...
2022.02.10 Demurrer, Motion for Attorney Fees 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.10
Excerpt: ...the subject corporations' current director/managing officer(s). The Second Amended Complaint ("SAC") alleges as follows. In the 1970s, plaintiff Jerry Yarman Azarkman (“Plaintiff”) began selling electronics and other appliances as a door-to-door salesman in California after emigrating from Israel. By the 1980s, Plaintiff and his brother, Ron Azarkman Sahar Azarkman (“Defendant” and/or “Azarkman”), opened their first brick-and-mortar d...
2022.02.09 Motion for Summary Judgment, Adjudication V06
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.09
Excerpt: ...mary Judgment is DENIED. Defendants Margreit Asanad and Landco Realty and Appraisal, Inc.'s Motion for Summary Adjudication on the 2 nd through 5 th causes of action and the claims for general damages, prejudgment interest, and punitive damages are is DENIED. FACTUAL BACKGROUND This action arises from a real estate nondisclosure dispute. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Roza Ranjbar (“Plaintiff”) purchase...
2022.02.07 Demurrer to SAC 119
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.07
Excerpt: ...e liability action. The Second Amended alleges as follows. Plaintiff Lori Moore (“Plaintiff”) claims that, on August 19, 2019 she was walking along an area located at 10050 Riverside Drive, Toluca Lake, CA 91602, that was either owned or controlled by the City of Los Angeles and/or Chase Bank, N.A. (Compl. ¶¶ 10-11, 19.) Along this location was a knee-deep pothole that was not visible, and as a result, Plaintiff fell into the pothole and su...
2022.02.07 Application for Default Judgment 050
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.07
Excerpt: ...rie. FACTUAL BACKGROUND Plaintiffs Keith J. Moten, an individual, and Moten & Associates, APC, f/k/a Law Offices of Keith J. Moten, allege the following. Rosalina de Taylor (“Decedent”) died in January of 2019, leaving real and personal property subject to probate administration. Defendant Selma Jeanmarie (“Selma”[1]) was appointed as conservator to the Estate of Rosalina de Taylor (the “Estate”). Selma entered into a written contract...
2022.02.04 Motion to Maintain Records Under Seal 681
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.04
Excerpt: ...TED. Defendant County of Los Angeles' Motion to place the seal exhibits admitted in the trial of this action and the transcript of the trial testimony in this action is DENIED. BACKGROUND This is a civil employment whistleblower retaliation lawsuit brought by Plaintiff Denise Bertone (“Plaintiff”) against Defendant County of Los Angeles (“Defendant”). The instant action was consolidated with LASC case no. BC660736, titled Denise Bertone v...
2022.02.04 Motion to Expunge Lis Pendens 840
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.04
Excerpt: ...osts incurred by it in opposing this motion. FACTUAL BACKGROUND This is an action for breach of contract involving the sale of the real property located at 4901 Santa Fe, Vernon, California 90058 (the “Property”). The complaint was filed by Plaintiff M7 Holdings LLC (“M7 Holdings”) against Defendant 4901 Santa Fe LLC (“Santa Fe”) , among others, and alleges that M7 Holdings and Santa Fe entered into a Purchase and Sale Agreement for t...
2022.02.04 Motion to Compel Arbitration 629
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.04
Excerpt: ...ed pending disposition of the arbitration. FACTUAL & PROCEDURAL BACKGROUND This is an employment discrimination action under California's Fair Employment and Housing Act (“FEHA”). On September 2, 2021, plaintiffs Nicholas Reddick (“Reddick”) and Edmund Obiekea (“Obiekea”) filed the Complaint against defendants Keyes European, LLC (“Keyes”); Keyes Motors, Inc.; Keyes European; David Kohan; Brian Sheldon; and Does 1 through 100, inc...
2022.02.02 Demurrer, Motion to Strike 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.02
Excerpt: ...ariety Design Center, Inc., and David Su's Demurrer to Cross- Complainants' second, third, and fifth causes of action is SUSTAINED, with 20 days leave to amend. Cross-Defendants Motion to Strike is MOOT, in light of the ruling in the Demurrer. FACTUAL BACKGROUND This matter arises from an alleged breach of contract. The Complaint allege as follows. Plaintiff Xiaoxing Zhang (“Plaintiff”) negotiated with Defendant Zhe Zhang (“Zhang”) regard...
2022.02.02 Motion to Expunge Lis Pendens and Judgment Lien 370
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.02
Excerpt: ...Judgment Lien are DENIED. (CCP § 405.32.) Plaintiff Bow Tie Realty & Investment, Inc.'s request to impose monetary sanctions against Defendants in the amount of $15,750.00 for attorney's fees reasonably incurred by Plaintiff herein, is GRANTED. (CCP § 405.38.) BACKGROUND This action seeks to enforce a prior judgment rendered in favor of plaintiff and, in addition, involves allegations of fraudulent transfers meant to circumvent enforcement of s...
2022.02.02 Motion for Summary Judgment, Adjudication 354
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.02
Excerpt: ...DENIED. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Crecencio Rodriguez and Neyla Rodriguez allege the following. Plaintiffs purchased a new 2016 Ford Explorer, which was accompanied by express warranties. Their vehicle was delivered with serious defects and nonconformities to warranty, and developed various other serious nonconformities, including transmission, engine, brakes, electrical, steering, and suspension defects. PROCEDURA...
2022.02.01 Motion for Judgment on the Pleadings 942
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.01
Excerpt: ...LLC, IMG Foster Creek, LLC, and IMG Pointview Tower, LLC, Karlin Conklin, and Marc Gordon is GRANTED. FACTUAL BACKGROUND Plaintiff Steckbauer Weinhart, LLP (“Plaintiff”) alleges as follows in its Complaint in Interpleader. On September 2, 2019, claimants-in-interpleader Neil Schimmel, Investors Management Group, Inc., IMG Group Holdings, LLC, IMG Holding Partners, LLC, IMG Rolling Hills, LLC, IMG Foster Creek, LLC, and IMG Pointview Tower, LL...
2022.02.01 Demurrer, Motion to Strike 899
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.02.01
Excerpt: ...s of action is SUSTAINED without leave to amend. Defendants' motion to strike is DENED. FACTUAL BACKGROUND This complaint alleges that In June 2020, the three parties to this case, Plaintiffs Howard Beck and Jae Chung Ko (hereinafter, "Plaintiffs") met with Defendant Un Taek Joo (hereinafter, "Defendant") to discuss opening a sushi restaurant in the city of Los Angeles (hereinafter "the restaurant"). (Complaint, p. 2, ¶7-9). In November of 2020,...
2022.01.28 Petition to Compel Arbitration 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.28
Excerpt: ...s GRANTED. FACTUAL BACKGROUND This is an employment law lawsuit. On August 4, 2021, plaintiff Rosa Guevara (“Plaintiff”) filed this action against several defendants including defendant Glen Park at Valley Village, Inc. (“Defendant”). Plaintiff brings the following causes of action against the defendants: (1) discrimination in violation of the Fair Housing and Employment Act (“FEHA”), (2) failure to provide reasonable accommodation, (...
2022.01.28 Demurrer, Motion to Strike 214
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.28
Excerpt: ..., 2019, plaintiff Rads Bundang (“Plaintiff”) and defendant Aspire General Insurance Company (“Defendant”), entered into a written contract for automobile insurance for Plaintiff's financed vehicle, a 2017 Toyota Yaris (“Yaris”). (Compl., ¶¶ 1, 4, 8.) The Yaris was stolen on March 15, 2020. (Compl., ¶ 5.) Plaintiff reported the theft to the police and Defendant. (Compl., ¶ 5.) The police found the Yaris and returned it to Plaintiff...
2022.01.26 Special Motion to Strike 187
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.26
Excerpt: ...DENIED. FACTUAL BACKGROUND This is an action for defamation. The Complaint alleges as follows. Plaintiff Jeff M. Sturman (“Sturman”) had previously represented Defendant Brian Michael Regan (“Regan”) in connection with his divorce proceedings in 2015. (Compl. ¶ 2.) Over the course of the representation, there was a breakdown in the attorney-client relationship, which required a substation of counsel, and Defendant Regan owed Sturman's fo...
2022.01.26 Motion to Compel Further Responses, for Monetary Sanctions 077
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.26
Excerpt: ...MENTS, SET ONE, AND FOR MONETARY SANCTIONS The Motion to Compel Further Responses and Production to Request for Production of Documents, Set One filed by Plaintiff One Health International dba Redondo Veterinary Medical Center is GRANTED. The Request for Sanctions is GRANTED in the amount of $3,000 against Fireman's Fund Insurance Company. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One...
2022.01.25 Motion to Set Aside Default, Judgment 264
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.25
Excerpt: ...nts on January 29, 2020 are ordered set aside. FACTUAL BACKGROUND This is a lemon law action. Plaintiff Pedro Molina alleges that he purchased a 2017 Ford Edge (the “Subject Vehicle”), manufactured by defendant Ford Motor Company, on or about December 9, 2017 from defendant Ford of West Covina. (Compl., ¶¶ 6, 8.) After purchase, the Subject Vehicle began to exhibit defects, nonconformities, maladjustments, or malfunctions relating to the co...
2022.01.25 Demurrer 872
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.25
Excerpt: ...aintiff's Complaint and the joinder in that demurrer by Mark Sorum are SUSTAINED 20 days leave to amend. FACTUAL BACKGROUND This is an employment law action arising out of Plaintiff Shannon Clark's (“Plaintiff”) employment. Plaintiff alleges that she is an African-American homosexual woman who experienced discrimination and harassment in the workplace that eventually compelled her to resign. PROCEDURAL HISTORY Plaintiffs filed the Complaint o...
2022.01.24 Demurrer, Motion for Preliminary Injunction 326
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.24
Excerpt: ...e Estate Trust, David Park, Hannah Park, and Felipa Richland, individually and doing business through her law firm Richland & Associates (collectively “Richland”) to the first through third causes of action as to Richland is SUSTAINED without leave to amend. The demurrer to the fourth cause of action is SUSTAINED without leave to amend as to all Defendants. The demurrer to the seventh cause of action is SUSTAINED without leave to amend as to ...
2022.01.21 Motion to Expunge Lis Pendens 991
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.21
Excerpt: ...respect to the five-year lease on Suite 201A. Plaintiff's request for sanctions is DENIED. FACTUAL BACKGROUND This action concerns the real property commonly known as 9701 W. Pico Boulevard, Los Angeles, California 90035 (the “Property”). Plaintiff Caesar Capital, LLC, a/k/a Caesar Capital names as defendants PM Factors, Inc. and all persons known or unknown claiming any legal or equitable right, title, estate, lien or interest in the subject...
2022.01.21 Motion for Leave to Amend Complaint 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.21
Excerpt: ...s an action for employment discrimination and retaliation. The following is alleged in the operative Fourth Amended Complaint. Robin Reid (“Reid”) was a 66-year-old man who worked for defendant Beverly Hills Unified School District (“BHUSD”) for approximately 23 years as a residency investigator. (4AC ¶¶ 8, 11a.) Reid brought safety concerns to BHUSD's attention after experiencing violent altercations when conducting investigations off ...
2022.01.20 Motion to Compel Arbitration 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.20
Excerpt: ...��Plaintiff”) employment with Defendants Ormco Corporation, Inc. (“Ormco”). Kelly Services USA, LLC (“Kelly”) is a staffing company that placed Plaintiff to work with Ormco. The Complaint alleges in pertinent part as follows. While working for Ormco, Plaintiff faced harassment and discrimination because of her disability. Ultimately, Plaintiff's employment was wrongfully terminated. PROCEDURAL HISTORY On June 9, 2021, Plaintiff filed a ...
2022.01.18 Demurrer, Motion to Strike 264
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.18
Excerpt: ...rrer to Plaintiffs' First Amended Complaint is OVERRULED. Defendant General Motors, LLC's motion to strike portions of Plaintiffs' First Amended Complaint is DENIED. FACTUAL BACKGROUND This is a lemon law action. The First Amended Complaint (“FAC”) alleges as follows. On August 30, 2014, Plaintiffs Anna Maldonado (“Maldonado”) and Wayne Paul Benson (“Benson”) (collectively “Plaintiffs”) purchased a 2014 Chevrolet Cruze vehicle ide...
2022.01.14 Motion to Disqualify Counsel 995
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.14
Excerpt: ...L BACKGROUND Plaintiff Anthony Xepolis was insured with Defendant Tokio Marine America Insurance Company. Plaintiff hired nonparty contractor Build a Dream, Inc. to install a new deck on the property. Thereafter, water began to leak through the ceiling, leading the ceiling to collapse days later. Build a Dream admitted responsibility for damage to the ceiling caused by defective deck installation. Plaintiff reported the claim to Defendant. The pa...
2022.01.13 Motion for Summary Judgment, Adjudication 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.13
Excerpt: ... This is a lemon law action. The Complaint alleges as follows. Plaintiffs Juan Perez and Juan Pablo Perez (“Plaintiffs”) purchased a used 2015 Ford Mustang (“Subject Vehicle”) on July 31, 2015. (Complaint ¶ 9.) Defendant Ford Motor Company (“Ford”) manufactured or distributed the Subject Vehicle and, under the Subject Vehicle's express warranties, undertook to preserve or maintain the utility or performance of the Subject Vehicle or ...
2022.01.12 Motion for Approval of PAGA Settlement 049
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.12
Excerpt: .... FACTUAL BACKGROUND This is a PAGA action. Plaintiff Luis Melgoza alleges he was employed by Defendant Century Tile, LLC dba Lunada Bay Tile as a warehouse worker from approximately 2015 until his date of termination on April 24, 2020. Plaintiff alleges Defendant violated various provisions of the Labor Code by failing to pay all wages, provide compliant meal and rest breaks, adopt standards that minimize excessive indoor heat, provide accurate ...
2022.01.12 Demurrer, Motion to Strike 256
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.12
Excerpt: ...ORTIONS OF CROSS- COMPLAINANT'S CROSS-COMPLAINT Cross-Defendant CSE Safeguard Insurance Company's demurrer to Cross-Complainant's Cross- Complaint is SUSTAINED with 20 days leave to amend. Cross-Defendant CSE Safeguard Insurance Company's motion to strike portions of Cross-Complainant's Cross-Complaint is DENIED as moot. FACTUAL BACKGROUND This is an action for insurance coverage. The Complaint alleges as follows. Plaintiff CSE Safeguard Insuranc...
2022.01.11 Motion to Strike or Tax Costs 048
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.11
Excerpt: ...ar Cruz, and Roxanna Cruz Aquino filed on October 8, 2021 is GRANTED IN PART. The amount of $3,713.85, is taxed. Plaintiffs are to receive the remaining requested costs in the amount of $10,618.22. FACTUAL HISTORY This is a Lemon Law action. The Complaint alleges as follows. On May 17, 2015, Plaintiffs Eduardo Cruz Aquino aka Edwardo Cruz Aquino (“Aquino”), Omar Cruz (“Cruz”), and Roxxana Cruz Aquino (“Roxxana”) purchased a used 2013 ...
2022.01.10 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.10
Excerpt: ...he arbitration FACTUAL BACKGROUND This matter arises from Plaintiff Eric Ellis' (“Plaintiff”) employment with Defendant Warren Properties, Inc. (“Defendant”). The First Amended Complaint (“FAC”) alleges in pertinent part as follows. While working for Defendant as a leasing agent/property manager from July 6, 2020 to March 10, 2021, Plaintiff faced harassment and discrimination because of his race as an African-American and Plaintiff c...
2022.01.07 Motion to Set Aside Default 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.07
Excerpt: ...side the Default entered against him as to Cross-Complainants Zhe Zhang and Envirogreen Windows and Doors, Inc.'s First Amended Cross-Complaint is GRANTED. Plaintiff is to file an answer to the First Amended Cross-Complaint within 20 days of this ruling. FACTUAL BACKGROUND This matter arises from a breach of contract. PROCEDURAL HISTORY On March 16, 2020, Plaintiff Xiaoxing Zhang (“Plaintiff”) filed a Complaint against Defendants Zhe Zhang (�...
2022.01.05 Demurrer 361
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ..., and fourth causes of action as to defendant Harari with leave to amend. The demurrer to the eighth cause of action is sustained as to all Defendants with leave to amend. FACTUAL BACKGROUND This is a wrongful foreclosure action concerning the residential property located at 810 E. 76th Place, Los Angeles, California (the “Property”). (SAC ¶ 1.) Plaintiff Donna Allen, as an individual and as Trustee of the Earnestine Allen Living Trust, alle...
2022.01.05 Motion for Summary Judgment, Adjudication 411
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ...ation are DENIED. FACTUAL BACKGROUND This action arises from a real estate nondisclosure dispute. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Roza Ranjbar (“Plaintiff”) purchased a residential property located at 20418 Califa Street in Woodland Hills, California (“Property”) from Defendants Vasil L. Rakov (“Rakov”) and Lyubka P. Rakova (“Rakova”). (SAC ¶ 9.) Defendants Margreit Saanad and Landco Realty ...
2022.01.05 Motions to Strike Complaint 826
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ...stan Copen (“Copen”), Naghmeh Makhani (“Makhani”) and 611 Gayley Los Angeles 90024 LLC (“Gayley”) are DENIED except as for the negligence cause of action, as which they are GRANTED. FACTUAL BACKGROUND This action arises from a landlord-tenant dispute. Plaintiffs Steven Alexander Littaua (“Littaua”) and Bryan Martinez (“Martinez”) (collectively, “Plaintiffs”) resided at the real property known as 611 Gayley Avenue, Los Ange...
2021.12.17 Special Motion to Strike 254
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.17
Excerpt: ...e, Philip John “P.J.” Clapp (p/k/a Johnny Knoxville), Adam H. Spiegel (p/k/a Spike Jonze), Dickhouse Entertainment, Inc., and Gorilla Flicks' Special Motion to Strike Plaintiff's Complaint is GRANTED IN PART and DENIED IN PART. The Court GRANTS the motion only as to the Twelfth and Thirteenth Causes of Action and DENIES it as to the Tenth and Eleventh Causes of Action. FACTUAL BACKGROUND This is an employment, breach of contract, and copyrigh...
2021.12.17 Motion to Compel Arbitration 417
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.17
Excerpt: ... completion of the arbitration. FACTUAL BACKGROUND This matter arises from Plaintiff Gabrielle Bon Durant's employment with Defendants California Yacht Club, Inc. (“CYC”) and Hillcrest Country Club (“HCC”). The Complaint alleges in pertinent part as follows. While working at CYC, Plaintiff suffered harassment from her supervisors and was retaliated against. Plaintiff also suffered from a disability and requested reasonable accommodations,...
2021.12.16 Motion to Strike, to Expunge Lis Pendens 920
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.16
Excerpt: ...ily Trust's Motion to Expunge Lis Pendens is GRANTED. Defendants Request for Attorney's Fees and Costs is DENIED without prejudice. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges in relevant part as follows. On March 28, 2012, Defendants Yook Kahm and The Kahm Family Trust (collectively “Defendants”) purposefully and inaccurately misrepresented the square footage amount of the subject premises. This led Plaintif...
2021.12.15 Demurrer 075
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.15
Excerpt: ...ion. Plaintiffs Marcus Sanford and David Braden Sanford allege the following. Plaintiffs were the purchasers and owners of a residential single-family home located in Los Angeles (the “Property”). Plaintiffs have identified certain defects in construction in violation of the construction standards set forth in the Civil Code, which are causing property damage to the Property, including extensive water damage and mold contamination. This suit ...
2021.12.14 Demurrer 932
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.14
Excerpt: ...olina Eight Cause of Action is SUSTAINED, With 20 days Leave to Amend. FACTUAL BACKGROUND This matter arises from Plaintiff Christina Molina's (“Plaintiff”) employment with SEIU Local 121RN (“Defendant”). Plaintiff was retaliated against because she reported abusive treatment by a manager. (Compl., ¶ 14.) Defendant retaliated against Plaintiff in several ways, including assigning her tasks that violated her medical restrictions. (Compl.,...
2021.12.10 Petition to Compel Arbitration 890
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.10
Excerpt: ... alleges that he worked for his former employer, Defendant Canyon Wholesale Provisions, from April 15, 2006 to February 19 2020. Plaintiff alleges that Defendant failed to pay Plaintiff all wages, failed to provide meal and rest breaks, and committed unlawful business practices. Plaintiff also alleges that he is diagnosed with asthma, a condition considered to be a disability under relevant state and federal laws. Plaintiff was terminated on Febr...
2021.12.10 Motion for Leave to Amend Complaint 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.10
Excerpt: ...or employment discrimination and retaliation. The following is alleged in the operative Fourth Amended Complaint. Robin Reid (“Reid”) was a 66-year-old man who worked for defendant Beverly Hills Unified School District (“BHUSD”) for approximately 23 years as a residency investigator. (4AC ¶¶ 8, 11a.) Reid brought safety concerns to BHUSD's attention after experiencing violent altercations when conducting investigations off school ground...
2021.12.09 Demurrer, Motion for Protective Order 673
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.09
Excerpt: ...omplaint is DENIED AS MOOT. Defendant Guangxia Kou aka Angelina Kou's Motion for Protective Order is DENIED. The Motions for Sanctions are DENIED. FACTUAL HISTORY This is an action arising out of a romantic relationship between Plaintiff David Siu Kai Lee aka David Lee (“Lee”) and Defendant Guangxia Kou aka Angelina Kou (“Kou”). Plaintiff alleges that he invested his own money into multiple real estate investments relying on Kou's promise...
2021.12.07 Demurrer 372
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.07
Excerpt: ...e Sevigny (“Plaintiff”) claims that she was discriminated, harassed and retaliated against by Defendant Cri-Help, Inc. on the basis of her disability and medical condition. (Compl. ¶ 6.) Plaintiff further asserts that she was denied reasonable accommodations, sick time, and family leave. (Id.) Because of her medical condition and lawful requests, she was subjected to harassment, which constituted a hostile work environment. (Compl. ¶ 7.) Fu...
2021.12.06 Demurrer, Motion to Strike 158
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.06
Excerpt: ... Cause of Action for Elder Abuse is OVERRULED. This Defendant Kendra Wallace's Don Wallace's and Ron Wallace's Demurrer to Plaintiff's Third Cause of Action for Conversion is sustained with leave to amend. Defendants Kendra Wallace's Don's Wallace and Ron Wallace's Motion to Strike portions of Plaintiff's FAC is DENIED. FACTUAL BACKGROUND This action arises from allegations that that an elderly woman was intentionally misled by her offspring into...
2021.12.06 Demurrer, Motion to Strike 082
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.06
Excerpt: ... Cause of Action for Elder Abuse is OVERRULED. This Defendant Kendra Wallace's Don Wallace's and Ron Wallace's Demurrer to Plaintiff's Third Cause of Action for Conversion is sustained with leave to amend. Defendants Kendra Wallace's Don's Wallace and Ron Wallace's Motion to Strike portions of Plaintiff's FAC is DENIED. FACTUAL BACKGROUND This action arises from allegations that that an elderly woman was intentionally misled by her offspring into...

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