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Location: Los Angeles x
Judge: Draper, Robert x
2021.05.12 Motion for Leave to Intervene 467
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.12
Excerpt: ...ntil after the hearing. At the hearing on this Motion, the Court requests both parties to present argument regarding the claims that Anderson seeks to bring on her own behalf, how these differ from the claims already subject to the settlement, and whether they are barred by the statute of limitations. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Department of Fair Employment and H...
2021.05.07 Motion to Set Aside Default, for Entry of Default Judgment 614
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.07
Excerpt: ...Judgment is MOOT as to Keisha Hammond and DENIED as to Prism Collective, Inc. FACTUAL BACKGROUND This is an action for fraudulent inducement. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dr. Gary Grimes (“Grimes”) is a physician and anesthesiologist. (FAC ¶ 11.) In September/October 2017, Defendant Vyncent Hammond (“Hammond”) and the other Defendants made a financial business presentation to Grimes regarding thei...
2021.05.06 Motion to Strike 935
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.06
Excerpt: ...omplaint is DENIED. FACTUAL BACKGROUND This is an employment retaliation action. The Complaint alleges as follows. Plaintiff Rafael Galindo Zazueta (“Galindo”) was employed by Defendant Elite Comfort Solutions, LLC (“Elite”) beginning in May 2018 as a fabrication worker and sewing machine operator. (Compl. ¶ 12.) On July 10, 2020, Galindo informed his plant manager, Gerardo Franco (“Franco”), that his daughter was in the hospital, an...
2021.05.05 Motion to Strike 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.05
Excerpt: ...the Motion to Strike Portions of the First Amended Cross-Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint allege as follows. Plaintiff Xiaoxing Zhang (“Zhang”) negotiated with Defendant Zhe Zhang (“Zhe”) regarding renovations to the Subject Properties. (Compl. ¶ 11.) Zhe required payments of two “deposits” before any contract was signed and work began. (Compl. ¶¶ 13-14.) The contract u...
2021.05.05 Motion for Summary Judgment 223
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.05
Excerpt: ...��) purchased the real property at-issue on October 11, 1995. (Compl. ¶ 7.) On August 29, 2003, Arreola recorded a grant deed conveying the property to himself and Defendant Leticia Gutierrez (“Gutierrez”) as joint tenants. (Compl. ¶ 8.) Arreola seeks partition and sale of the property. (Compl. ¶ 14.) PROCEDURAL HISTORY Plaintiff filed the Complaint on February 21, 2020, alleging a single cause of action for partition. On April 14, 2020, G...
2021.05.05 Demurrer, Motion to Strike 161
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.05
Excerpt: ...s of Action; and OVERRULED as to the Sixth Cause of Action. Defendant Keller Fishback & Jackson LLP's Motion to Strike is GRANTED as to the reference to attorneys' fees in paragraph 63 page 9, line 28; and DENIED as to the remainder. FACTUAL BACKGROUND This is a discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Sedric James (“James”) was employed by Defendant Keller, Fishback and Jackson LLP (“KFJ”) as a Sen...
2021.05.04 Demurrers 995
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.05.04
Excerpt: ...nal Tea Importers, Inc.'s Demurrer to the First Amended Cross- Complaint is SUSTAINED with leave to amend as to the Third, Fourth, Fifth, and Sixth Causes of Action. Cross-Defendant Shredz Supplements, LLC's Demurrer to the First Amended Cross-Complaint is SUSTAINED with leave to amend as to the Third, Fourth, and Sixth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Flavo...
2021.04.30 Motion to Dismiss, to Strike, for Entry of Default Judgment 671
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.30
Excerpt: ...GMENT Defendants Atom Nanoelectronics, Inc. and Kristopher Smolinski's Motion to Dismiss is DENIED. Plaintiff Labor Commissioner's Motion to Strike the Answer is GRANTED as to Nano due to Smolinski's improper legal representation of Nano. The Motion to Strike the Answer is DENIED as to Smolinski. Smolinski is ordered to file a notice of address change pursuant to California Rules of Court, Rule 2.200 if the address on-file is not current. Plainti...
2021.04.28 Motion to Vacate Entry of Default 254
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.28
Excerpt: ...laint is GRANTED. FACTUAL ALLEGATIONS This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose of cultivating cannabis. (Complaint ¶ 10.) Poltavski repeatedly represented to Palagashvili that he would obtain the necessary p...
2021.04.28 Motion to Expunge Lis Pendens, for Attorney Fees 146
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.28
Excerpt: ...roperty belonging to Plaintiff Ricardo Arredondo (“Arredondo”). (SAC ¶ 37.) Arredondo alleges that the trustee's sale was void pursuant to Civil Code section 2934a because “it was held by Seaside Trustee, Inc., A Nevada Corporation, after the initial Substitution of Trustee in favor of Seaside Trustee, Inc., without a new Substitution of Trustee naming Seaside Trustee, Inc., A Nevada Corporation, and without recording a new Notice of Sale....
2021.04.27 Motion for Monetary Sanctions 036
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.27
Excerpt: ...TION OF MONETARY SANCTIONS AGAINST PLAINTIFF PURSUANT TO CCP § 128.7 Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust 2006-2's Motion for Imposition of Monetary Sanctions Against Plaintiff is DENIED. FACTUAL BACKGROUND This is a mortgage foreclosure action. Plaintiff Natalie Gayeva (“Gayeva”) obtained the subject pr...
2021.04.27 Demurrer, Motion to Strike 178
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.27
Excerpt: ...nd Spencer Vodnoy's Demurrer to the First Amended Cross-Complaint is OVERRULED. Cross-Defendants' Motion to Strike is GRANTED as to the prayer for attorneys' fees, and otherwise DENIED. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff Spencer Vodnoy (“Vodnoy”) was a lawyer with a criminal defense practice who was induced to enter into a cannabis cultivation partnership with Defendants Bryon Russell (...
2021.04.23 Motion to Compel Arbitration 941
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.23
Excerpt: ...s. Plaintiff Robert Hedvat (“Hedvat”) leased a 2018 BMW on May 31, 2018 from non-party Beverly Hills BMW with an express written warranty. (Compl. ¶¶ 7-8.) Defendant BMW of North America, LLC (“BMW”) manufactured and/or distributed the vehicle. (Compl. ¶ 7.) During the warranty period, the vehicle developed various defects and conditions, and BMW's repair facilities have been unable to service or repair the vehicle to conform to the ex...
2021.04.22 Motion to Strike 923
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.22
Excerpt: ...an action violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”). The Complaint alleges as follows. Plaintiffs Elijah Butcher (“Butcher”), Roberta Haro (“Haro”), and Shawn Haag (“Haag”) were prospective tenants at an apartment complex managed and operated by Defendants Solari Enterprises, Inc. (“Solari”), CAC East, L.P. (“East”), and CAC West, L.P. (“West”). (Compl. ¶¶ 7-12.) The Plaintiffs applied...
2021.04.22 Demurrer 420
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.22
Excerpt: ...AC”) alleges as follows. Plaintiff David Seror is the Chapter 7 Bankruptcy Trustee for the estate of Boghos Babadjanian (“Babadjanian”). (4AC ¶ 1.) Babadjanian purchased a Ferrari vehicle in December 2010 and was the registered owner. (4AC ¶ 7.) On January 15, 2012, Defendant Andre Wegner (“Wegner”) told Babadjanian that he could sell Babadjanian's Ferrari for a commission. (4AC ¶ 11.) Wegner stopped communicating with Babadjanian an...
2021.04.21 Motion to Strike Answer 252
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.21
Excerpt: ...ACKGROUND This is an action for wage-and-hour violations. The Complaint alleges as follows. Plaintiff Veronica Efigenio (“Efigenio”) was hired by Defendant H&G Sewing (“H&G”) on May 29, 2016. (Compl. ¶ 13.) Plaintiff alleges various wage and hour violations that took place during her employment. (Compl. ¶¶ 14-16.) On June 18, 2018, Plaintiff's employment with H&G ended. (Compl. ¶ 17.). PROCEDURAL HISTORY Efigenio filed the Complaint o...
2021.04.21 Motion for Summary Judgment, Adjudication 635
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.21
Excerpt: ...MOTION TO JOIN AND JOINDER IN THE MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION The motion of Defendant York Risk Services Group to join in the Motion by Princeton Excess and Surplus Lines Insurance Company, and Munich Reinsurance America, Inc.'s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED. The Motion for Summary Judgement by Defendants Princeton Excess Surplus Lines Insurance Co...
2021.04.21 Demurrer 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.21
Excerpt: ...plaint's First and Second Causes of Action is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for breach of contract and common counts. The Complaint alleges as follows. On September 4, 2018, Defendant Wonju Lee (“Lee”) entered into a lease agreement with non-party Martin Cadillac (“Cadillac”) for a 2018 Cadillac Escalade (the “Vehicle”), under which Lee took delivery and possession of the vehicle from Cadillac. (C...
2021.04.20 Demurrer, Motion to Strike 726
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.20
Excerpt: ... with leave to amend as to the Fifth and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is GRANTED without prejudice. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Margaret Hashaway-Rhodes and Elon Mackins p/k/a Elon Rhodes (the “Plaintiffs”) purchased, on January 1, 2012, a new 2012 Kia Optima with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, t...
2021.04.20 Demurrer 856
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.20
Excerpt: ...Amended Complaint is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for negligence. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Judith Contreras (“Contreras”) attempted to apply for a Social Equity retail cannabis license from the City of Los Angeles – Department of Cannabis Regulation (the “City”). (FAC, GN-1.) Plaintiff's application could not be submitted appropriately due to the Defenda...
2021.04.16 Motion to Compel Arbitration 587
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.16
Excerpt: ... JOHN WILCOX, M.D.; AND BRADFORD KOLB, M.D.'S MOTION TO COMPEL ARBITRATION AND STAY COURT PROCEEDINGS The Moving Defendants' Motion to Compel Arbitration is GRANTED as to the First through Seventh Causes of Action. The Eighth Cause of Action is STAYED as to all parties pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for wrongful termination. The Complaint alleges as follows. Plaintiff Sanzal Ghazal, M.D. (“Ghazal”)...
2021.04.16 Motion for Leave to File SAC 825
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.16
Excerpt: ...The Complaint alleges as follows. Plaintiff Jee Hoon Choi (“Choi”) is the brother of the late Jee Hyun Han (“Jee Hyun”), who died in October 2016 with assets. (Compl. ¶¶ 8-10.) Choi owns and operates a company in Hong Kong and formed a company in Korea named Dong In Ga. (Compl. ¶ 13.) Defendant Romy Tiffanie Han (“Han”) has filed numerous lawsuits in Korea to take control of Choi's company and created a fraudulent handwritten will ...
2021.04.15 Motion for Leave to File SAC 228
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.15
Excerpt: ...KGROUND This is an action for Labor Code and FEHA violations. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Patricia Frazier (“Frazier”) started working for Defendant Farmers and Merchants Bank, Farmers and Merchants Bank of Long Beach (“Farmers”) in 2005 in the residential lending department, and she became the head of the department in 2008. (“FAC ¶ 1.) Beginning in 2014, various practices resulted in Frazier ...
2021.04.14 Motion to Sever or Bifurcate Trial and Discovery 210
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.14
Excerpt: ... Pedroza ("Pedroza" or “Plaintiff”)[1] worked for defendant CSK Auto, Inc. ("CSK") as a non-exempt "Parts Specialist" from March 2012 until May 2012 at CSK's Ontario, California location. (Second Amended Complaint ("SAC") ¶ 22.) The SAC alleges that Pedroza and similarly situated employees were not paid for all hours worked because not all hours were recorded, were not paid overtime, were not paid at least minimum wage for work done off the ...
2021.04.14 Demurrer 208
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.14
Excerpt: ...rst Amended Complaint is OVERRULED as to all causes of action. FACTUAL BACKGROUND This is an action for open book account money due. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Nova Sonic Inc. (“Nova”) is corporation to whom Defendants Prestige Electronic Imports Inc. (“Prestige”) and Habib Ghalchi (“Ghalchi”) became indebted in an amount of $94,330.85 since November 16, 2017. (FAC ¶ 7.) PROCEDURAL HISTORY N...

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