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Judge: Draper, Robert x
2021.04.13 Demurrer, Motion to Strike 316
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.13
Excerpt: ...ments, LLC, and Parkville LLC's Demurrer to the Complaint is SUSTAINED with leave to amend as to the First and Second Causes of Action and OVERRULED as to the Third and Fifth Causes of Action. The Demurrer was not brought as to the Fourth or Sixth Causes of Action. Defendants' Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The Complaint alleges as follows. Plaintiffs Armando Flores (�...
2021.04.13 Demurrer 343
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.13
Excerpt: ...e Haft (“Haft”) leased property to Defendant Omar Nukta (“Nukta”) for a fixed-term lease expiring February 28, 2021 at $16,500 per month. (Compl. ¶ 6.) Haft demands possession of the property because the fixed-term lease expired. (Compl. ¶ 10.) PROCEDURAL HISTORY Haft filed the Complaint on March 3, 2021, alleging a single cause of action for unlawful detainer. On March 16, 2021, Nukta filed the instant Demurrer. On March 30, 2021, Haft...
2021.04.13 Demurrer 264
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.13
Excerpt: ...yong Park, Grace Jeonghi Park, John Haebyong Park as Trustee of the 2008 Park Family Trust, and Grace Jeonghi Park as Trustee of the 2007 Park Family Trust's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED with leave to amend as to the Second, Sixth, and Eighth Causes of Action; and OVERRULED as to the First, Third, Fourth, Fifth, Seventh, and Ninth Causes of Action. FACTUAL BACKGROUND This is an action for breach of the warranty of...
2021.04.09 Petitions to Confirm Arbitration Award, to Correct or Vacate Contractual Arbitration Award 005
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.09
Excerpt: ...ents' Petition to Correct/Vacate the Arbitration Award is DENIED. PROCEDURAL HISTORY On December 4, 2020, Petitioners filed the Petition to Confirm the Contractual Arbitration Award. On December 21, 2020, Respondents filed the Petition to Vacate or Alter Arbitration Award. On December 21, 2020, Respondents filed a Response to Petitioners' Petition. On January 19, 2021, Petitioners filed an Opposition and Response to Respondents' Petition. On Marc...
2021.04.09 Motion to Compel Arbitration and Stay Proceedings 491
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.09
Excerpt: ...his action is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment harassment and discrimination, and wage & hour. The Complaint alleges as follows. Plaintiff Reymel Turner (“Turner”) was hired by Defendant Team Car Care, LLC (“TCC”) in August 2017 and worked there as an assistant manager until August 18, 2020. (Compl. ¶ 12.) Plaintiff's manager, Defendant Richard Barbosa (“Barbosa”) began...
2021.04.09 Motion for Summary Judgment, Adjudication 467
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.09
Excerpt: ...A MESIAS, JAN FORD, THEO CHAN, AND THE HUTTON GROUP'S MOTION FOR SUMMARY JUDGMENT, OR, ALTERNATIVELY, SUMMARY ADJUDICATION Defendants Figueroa Arms Apartments, Inc., Figueroa Arms Condominium Association, Inc., Lordon Enterprises, Inc. dba Lordon Management Co., Jillian Howden, Jeremy Tijerina, Veronica Mesias, Jan Ford, Theo Chan, and The Hutton Group's Motion For Summary Adjudication is GRANTED as to the First, Second, Fourth, and Fifth Causes ...
2021.04.08 Demurrer 802
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.08
Excerpt: ...s SUSTAINED without leave to amend. FACTUAL BACKGROUND This is an action for improper trustee sale. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Airlux Aircraft, Inc. (“Airlux”), of which Plaintiff Mark Liker (“Liker”) 100% shareholder, owned the Subject Property. (SAC ¶ 9.) The Subject Property is subject to a loan secured by Deeds of Trust held by Defendants Secured Income Fund-II, LLC (“SIF”) and PLM Loan...
2021.04.07 Demurrer, Motion to Strike 555
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.07
Excerpt: ...D COMPLAINT AND MOTION TO STRIKE Defendant Douglas Elliman of California, Inc. (erroneously sued as Douglas Elliman, Inc. – Doe #1)'s Demurrer to the Second Amended Complaint is OVERRULED as to both the Second and Third Causes of Action. Defendant Rodeo Realty, Inc.'s Demurrer to the Second Amended Complaint is OVERRULED as to the Second Cause of Action and SUSTAINED with leave to amend as to the Third Causes of Action. Defendant Douglas Ellima...
2021.04.06 Motion to Quash Service of Summons 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.06
Excerpt: ...d to Set Aside and Recall Orders for Publications is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff George Santopietro (“Santopietro”) and Defendants James Harden (“Harden”), Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals LLC (“LA Rentals”), and Solimar Management LLC (“Solimar,” and collectively,...
2021.04.06 Demurrer, Motion to Strike 019
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.06
Excerpt: ...hird Causes of Action. Defendant Principles, Inc.'s Motion to Strike Plaintiff's Prayer for Punitive Damages is DENIED. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The Complaint alleges as follows. Plaintiff Carolyn Carter (“Carter”), was hired by Defendant Principles, Inc. (“Principles”) around 2000. (Compl. ¶ 4.) In 2014, Principles hired non-party Rudy Martinez (“Martinez”) as Director of Ou...
2021.04.02 Motion for Leave to File FAC 737
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.02
Excerpt: ...INOSA INTERIOR SOLUTIONS, INC.; Plaintiff, v. THE BEE CONSTRUCTION, a California Corporation, et al. Defendants. ONNI CONTRACTING (CALIFORNIA), INC.; Plaintiff, v. DOMUS DESIGN GROUP LLC dba DOMUS & DOMUS GROUP, LLC, et al. Defendants. AND RELATED CROSS-ACTIONS Defendant and Cross-Complainant Domus Design Group, LLC's Motion for Leave to File a First Amended Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract a...
2021.04.01 Motion for Judgment 715
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.01
Excerpt: ...ng Qiu (“Qiu”) was hired by Defendant Globalbank Securities, Inc. (“Globalbank”) in October 2018 as an account executive. (Compl. ¶ 7.) Upon starting employment, Defendant Michael Junhua Liao (“Liao”) subjected Qi to sexual harassment and a hostile work environment. (Compl. ¶¶ 7-11.) Defendants terminated Qi from her position in retaliation for complaining of the sexual harassment. (Compl. ¶ 12.) PROCEDURAL HISTORY Plaintiff filed...
2021.04.01 Motion for Preliminary Injunction, to Compel Arbitration 236
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.04.01
Excerpt: ...efendants KSFB Management, LLC, NKSFB, LLC, and Mickey Segal's Motion to Compel Arbitration is DENIED. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Wayne Kamemoto (“Kamemeto”) of Defendants KSFB Management, LLC (“KSFB”) and NKSFB, LLC (“NKSFB”). (FAC ¶ 2.) On January 8, 2021, Plaintiff was terminated, both explicitly and constructivel...
2021.03.30 Motion to Set Aside Entry of Default 093
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.30
Excerpt: ...f contract action. The Complaint alleges as follows. Plaintiff Skilled Facility Health Care Solutions, Inc. (“SFHCS”) provides skilled wound care and management to patients in nursing homes. (Compl. ¶ 7.) SFHCS' founder perfected a surgical procedure called the “G-Tube Procedure.” (Compl. ¶ 8.) Any independent contractor who works within SFHCS must sign a confidentiality agreement that he/she will not use or disclosure any proprietary, ...
2021.03.29 Motion to Set Aside Entry of Default 093
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.29
Excerpt: ...f contract action. The Complaint alleges as follows. Plaintiff Skilled Facility Health Care Solutions, Inc. (“SFHCS”) provides skilled wound care and management to patients in nursing homes. (Compl. ¶ 7.) SFHCS' founder perfected a surgical procedure called the “G-Tube Procedure.” (Compl. ¶ 8.) Any independent contractor who works within SFHCS must sign a confidentiality agreement that he/she will not use or disclosure any proprietary, ...
2021.03.26 Motion to Recover Post-Judgment Costs and Attorney Fees 884
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.26
Excerpt: ...Recover Post- Judgment Costs and Attorney Fees is GRANTED in the amount of $27,025 in attorneys' fees and $2,492.11 in costs. I. MOTION TO RECOVER POST-JUDGMENT COSTS AND ATTORNEY FEES The facts relating to this case are fully forth in prior Rulings by the Court. On October 6, 2020, Charon Solutions, Inc. (“Charon”)'s attorney requested an award of fees and costs incurred in attempting to collect on the judgment. (Minute Order 10/6/20.) This ...
2021.03.25 Motion to Strike 423
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.25
Excerpt: ...aintiffs' Complaint is DENIED. FACTUAL BACKGROUND This is a habitability action. The Complaint alleges as follows. In April 2017, Plaintiffs Jackie Roberts (“Roberts”) and Wyatt Fitchew (“Fitchew”) and their mother entered into a written rental agreement with Defendants 4647 Coldwater LLC (“Coldwater”) and Cornerstone R/E Management Inc. (“Cornerstone”). (Compl. ¶ 8.) Plaintiffs moved out in June 2018. (Compl. ¶ 10.) During Plai...
2021.03.25 Motion to Deem Admitted Truthfulness of Matters 729
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.25
Excerpt: ...rved prior to the hearing on this Motion, the Motion will be DENIED. If proper responses are not served by the date of the hearing, the Court will GRANT the Motion and deem the requests admitted. If the Motion is granted, the Court will award sanctions to CPM in the amount of $810. FACTUAL BACKGROUND This is an action for violations of the Labor Code. The Complaint alleges as follows. Plaintiff Hugo Huerta (“Huerta” or “Plaintiff”) was em...
2021.03.23 Motion to Enforce Settlement 104
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.23
Excerpt: ... unlawful detainer action. The Complaint alleges as follows. Defendants Seonhyeon Jeon (“Jeon”), Han Kyung Jin (“Jin”), and Jae Yong Jeon (“Yong Jeon”), for the past four years, agreed to rent the premises in a year-long lease payable as $3,300 per month pursuant to a written lease. (Compl. ¶ 6.) On February 25, 2019, Plaintiff KB Partners, LLC (“KB”) served a 3-day notice to pay rent or quit. (Compl. ¶ 7.) Defendants remain in ...
2021.03.23 Motion for Summary Judgment, Adjudication 331
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.23
Excerpt: ...dgment is DENIED. FACTUAL BACKGROUND This is an action for contribution. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Sargon Enterprises, Inc. (“Sargon”) retained Defendant Lewis Brisbois Bisgaard & Smith LLP (“Lewis Brisbois”), along with other law firms, to represent it in a lawsuit against USC (Case No. BC209992), in which it won a jury verdict, $433,000 in damages, and $4 million in attorneys' fees. (FAC ¶¶ ...
2021.03.23 Demurrer, Motion to Strike 737
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.23
Excerpt: ...; and SUSTAINED with leave to amend as to the Second and Fourth Causes of Action. Defendant Lakewood Regional Medical Center's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for employment harassment and discrimination. The Complaint alleges as follows. In June 2019, Plaintiff Jane Doe (“Doe”) was encouraged to apply for a position with Defendants Lakewood Regional Medical Center (“Lakewood”) and Caremore Health Plan (�...
2021.03.23 Demurrer 799
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.23
Excerpt: ...bu Unified School District's Demurrer to the First Amended Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for violations of the Brown Act. The First Amended Complaint (“FAC”) alleges as follows. In a meeting on March 5, 2020, the Board of Education (the “Board”) for the Santa Monica Malibu Unified School District (“the District”) took action to approve the District's Second Interim Budget by a formal vote of the Board on...
2021.03.22 Demurrer 178
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.22
Excerpt: ...r 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 (“Russell”) and Carlos Dew (“Dew”), as well as Rodney Taylor. (Complaint ¶ 10.) To induce Vodnoy to close his law practice and join the venture, Russell in June 2016 represented to Vodnoy that he would pay Vodnoy's ex...
2021.03.22 Demurrer 121
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.22
Excerpt: ...y. Plaintiff Gary O'Connor (“O'Connor”) alleges that he is the trustee of a trust that is the owner of a 90.05 percent share in two parcels of real property in Los Angeles, the “Compton Property” and the “East 1st Property.” (First Amended Complaint (“FAC”) ¶ 1.) The Complaint alleges generally that O'Connor entered into a Purchase Agreement (“Purchase Agreement”) with the owners of the remaining 9.95 percent interest in both...
2021.03.19 Petition to Approve Compromise of Pending Action of Minor 127
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.19
Excerpt: ...ONER JANET MIRAMONTES' PETITION TO APPROVE COMPROMISE OF PENDING ACTION AS TO MINOR, NOAH ORTIZ MIRAMONTES The Petitions are GRANTED as to Minors Perla Aviles, Alaia Ortiz Miramontes and Noah Ortiz Miramontes. FACTUAL BACKGROUND This is a landlord/tenant action. The Complaint alleges as follows. Plaintiffs Manuel Miramontes (“Miramontes”) et al. are, or have been, tenants in the apartment building at issue (the “Apartment Building”) at va...

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