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2021.03.19 Motion to Compel Arbitration 383
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.19
Excerpt: ...r breach of contract and professional negligence. The First Amended Complaint (“FAC”) alleges as follows. In November 2017, Plaintiff Dana Urick (“Urick”) retained defendants Venable LLP (“Venable”), Alex Weingarten (“Weingarten”), and Belinda Martinez Vega (“Vega,” and collectively, “the “Defendants”) to provide legal serves to Urick as Trustee of the Allyne L. Urick Trust. (FAC ¶ 14.) The parties executed a written re...
2021.03.18 Demurrer 036
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.18
Excerpt: ...OMPLAINT 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 Demurrer to the Complaint is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is a mortgage foreclosure action. Plaintiff Natalie Gayeva (“Gayeva”) obtained the subject property (the “Property”) via quitclaim deed from Michael Finazzo, and r...
2021.03.17 Motion to Dismiss or Stay for Inconvenient Forum, to Quash Service of Summons 242
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.17
Excerpt: ...A'S MOTION TO QUASH SERVICE OF SUMMONS FOR LACK OF PERSONAL JURISDICTION Specially Appearing Defendants Houston Astros, LLC, James Robert Crane and Derek Vigoa's Motion to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Specially Appearing Defendants Houston Astros, LLC, James Robert Crane and Derek Vigoa's Motion to Dismiss for Inconvenient Forum is GRANTED. FACTUAL BACKGROUND This is an action for unfair business practice...
2021.03.17 Motion for Attorney Fees, Special Motion to Strike, for Terminating Sanctions 245
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.17
Excerpt: ...AUSTRALIA INC.'s AND BRADLEY GIBSON'S SPECIAL MOTION TO STRIKE UNDER CCP SECTION 425.16 ORDER RE: DEFENDANT SEVEN SATELLITE PTY LTD, DBA SEVEN NETWORK AUSTRALIA INC.'S MOTION FOR TERMINATING SANCTIONS OR, IN THE ALTERNATIVE, AVOID AND REVERSE THE REASSIGNMENT OF THIS ACTION FACTUAL BACKGROUND This is an action for defamation and related torts. The complaint alleges that Plaintiff Susan Hannaford was a famous child actor in Australia during the 19...
2021.03.17 Motion for Attorney Fees 951
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.17
Excerpt: ...'s Motion for Attorneys' Fees is GRANTED in the amount of $30,755 in attorneys' fees and $1,592.15 in costs. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. On or about 2016, Plaintiffs purchased a 2016 Chevrolet Truck/Express. (Complaint ¶ 8.) From the time that Plaintiffs received the truck through the present, the truck has failed to function properly and is not safe or reliable. (Complaint ¶ 10.) Defendants ...
2021.03.16 Demurrer 888
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.16
Excerpt: ...ND This is a foreclosure/fraud/wrongful debt collection action. The Second Amended Complaint (“SAC”) alleges as follows. In November 2006, Plaintiff Diana Gray f/k/a Diana Bogden (“Bogden”) entered into negotiations to purchase a residential property in West Hollywood (the “Property”). (SAC ¶ 12.) Bogden spoke with non-party Jana Kohl (“Kohl”) of First Financial Mortgage, a financial advisor with a special relationship with Defen...
2021.03.15 Motion to Approve and Enter Consent Judgment 224
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.15
Excerpt: ...ND This is a Proposition 65 action. The Complaint alleges, on behalf of the public interest, that Defendants Super Center Concepts, Inc. (“Super Center”) and Cabrera Distribution, Inc. (“Cabrera”) manufacture/distribute/promote/sell various turmeric dietary supplements, which contain lead. (Compl. ¶¶ 26-27.) Plaintiff Consumer Advocacy Group, Inc. (“CAG”) seeks a permanent injunction mandating Proposition 65-compliant warnings. PROC...
2021.03.12 Motion to Compel Arbitration and Stay Proceedings 174
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.12
Excerpt: ...action is STAYED during the arbitration process. FACTUAL BACKGROUND This is an action regarding the deceptive sale of a defective vehicle. The Complaint alleges as follows. On November 1, 2019, Plaintiff Katherine Williams (“Williams”) purchased a 2018 Honda Civic from Defendant RHC Automotive Inc. dba Nissani Bros Chrysler Dodge Jeep Ram (“RHC”). (Compl. ¶ 6.) RHC represented to Williams that it had legal title and registration to sell ...
2021.03.12 Motion for Attorney Fees 964
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.12
Excerpt: ... deed in lieu of foreclosure, conveying the property back to Plaintiff. However, the property was encumbered by the PACE liens, and when Plaintiff sold the property, it had to pay the PACE debt in full through the escrow proceeds. Defendant FortiFi Financial, Inc. f/k/a Energy Efficiency Equity, Inc. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant FortiFi Financial, Inc. f/k/a Energy Efficiency Equity, Inc...
2021.03.11 Motion for Summary Judgment, Adjudication 480
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.11
Excerpt: ...ction for embezzlement. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Iraj V. Kashani and Irang, Inc. dba Westwood Mobil (“Plaintiffs”) employed Defendant Farzana Sheikh (“Sheikh”) as a cashier at a Mobil gas station. (FAC ¶ 11.) From 2010 through 2018, Sheikh failed to record sales of certain items, leading to a loss of at least $157,000. (FAC ¶ 12.) This money was misappropriated for Sheikh's own benefit. (FAC...
2021.03.11 Motion for Judgment on the Pleadings 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.11
Excerpt: ...s GRANTED with leave to amend as to the Fifth Cause of Action. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Robin Reid (“Reid”) is a 66-year old man who was employed by Beverly Hills Unified School District for 23 years as a residency investigator. (TAC ¶¶ 8, 11.) Reid alleges that he brought several safety concerns to his supervisor...
2021.03.08 Petition to Confirm Contractual Arbitration, to File Under Seal 367
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.08
Excerpt: ... California's Petition to Confirm Contractual Arbitrator Award is GRANTED. Judgment is entered in favor of USC. Neither party is ordered to pay anything. Defendant University of Southern California's Motion to File Under Seal is GRANTED. FACTUAL BACKGROUND This a FEHA discrimination and retaliation case. The Complaint alleges as follows. Plaintiff Leeanna Izuel (“Izuel”) was employed by Defendant University of Southern California (“USC”) ...
2021.03.05 Motion to Quash Subpoena for Deposition 637
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.05
Excerpt: ...s DENIED. Williams may redact content unrelated to Defendants' requests from her production. FACTUAL BACKGROUND This is an action assault, invasion of privacy, and discrimination in the provision of public accommodations. The Complaint alleges as follows. Plaintiff Lexus Rogers (“Rogers”) was meeting friends at Cabo Cantina, the dba of Defendant CC Venice LLC (“CC”), in December 2017. (Complaint ¶ 7.) Rogers went to use one of three sing...
2021.03.05 Motion to Quash Service of Summons 396
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.05
Excerpt: ...te matters. The Complaint makes various allegations that public figure, Defendant Kylie Jenner (“Jenner”), improperly “hacked” and/or accessed Plaintiff Charles Newton (“Newton”)'s social media accounts/text messages/data files. (Compl. at p. 1.) Newton makes various allegations regarding Instagram posts made by Jenner which indicate that Jenner has knowledge of his private facts and casts him in a false light. (Compl. at p. 2.) PROCE...
2021.03.04 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.04
Excerpt: ...irst Cause of Action; SUSTAINED with leave to amend as to the Second and Third Causes of Action; SUSTAINED without leave to amend as to the Fourth and Fifth Causes of Action as they pertain to money damages; and OVERRULED as to the Fourth and Fifth Causes of Action as they pertain to injunctive relief. Defendant City of Whittier's Motion to Strike the prayer for punitive damages is GRANTED. with leave to amend. FACTUAL BACKGROUND This is an actio...
2021.03.03 Motion for Summary Judgment, Adjudication 902
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.03
Excerpt: ...ion on the First – Fifth, and Seventh Causes of Action is GRANTED. The Motion for Summary Adjudication on the Sixth Cause of Action is DENIED. FACTUAL BACKGROUND This is a FEHA age discrimination case. The Complaint alleges as follows. Plaintiff Santos Celso Martinez (“Martinez”) was employed by Defendant Yoshinoya America, Inc. (“Yoshinoya”) from 1990 until March 21, 2017 as a cook, cleaner, and preparer. (Compl. ¶ 8.) At the time of ...
2021.03.02 Motion for Reconsideration 237
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.02
Excerpt: ...lleges as follows. On June 8, 2019, Plaintiff Christine Cartwright (“Cartwright”) purchased a 2018 Honda Civic pursuant to a conditional sales contract with the dealership, who assigned its interest in the contract to Defendant Bridgecrest Credit Company, LLC (“Bridgecrest”). (Compl. ¶ 1.) Cartwright made timely monthly payments to Bridgecrest, but Bridgecrest hired Defendant Eagle Adjusters (“Eagle”) to repossess the vehicle. (Compl...
2021.03.02 Motion for Attorneys' Fees 317
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.02
Excerpt: ...GP's Motion for Attorneys' Fees is GRANTED in the amount of $26,256 in total attorneys' fees and $499.25 in total costs. ALLEGATIONS IN THE COMPLAINT IN THIS ACTION General filed its Complaint in 19STCV01317 on January 15, 2019. This Complaint alleges the following: Defendant Sunset Hills Car Wash, Inc. (“Sunset Hills”) entered into a sublease with Plaintiff General Street Media, LLC (“General”) in April 2016 granting General exclusive po...
2021.03.01 Motion to Set Aside Default 821
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.01
Excerpt: ... as reasonable attorney's fees incurred as a result of Defendants' default. FACTUAL HISTORY This is an action for breach of contract. The Complaint alleges as follows. In 2019, Plaintiff Somesh Roy (“Roy”) and Defendants Vartan Akopyan (“Akopyan”) and Neighborhood Home Health Care, Inc. (“NHHC”) entered into an agreement whereby Roy would sell his entire interest (100%) in NHHC to Akopyan for $275,000, payable in specific installments...
2021.03.01 Motion for Summary Judgment 221
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.01
Excerpt: ...aint alleges as follows. Plaintiff James Moore (“Moore”) was good friends with Barbara Hayes (“Barbara”), the late wife of Defendant Edward Hayes aka Phil Hayes (“Hayes”). (Compl. ¶ 11.) In 1994, the parties entered into an oral joint venture agreement whereby the Moore would locate a suitable parcel, Hayes and Barbara would contribute the initial funds to purchase, Moore would custom design a house and obtain permits and build the h...
2021.03.01 Motion for Dismissal for Failure to Amend 420
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.03.01
Excerpt: ...he Court will GRANT Defendant Joseph Sully's Motion for Dismissal of Action. The Third Amended Complaint against Sully will be DISMISSED WITH PREJUDICE. FACTUAL BACKGROUND This is a conversion case. Plaintiff Boghos Babadjanian (“Babadjanian”) is a mechanic who would frequently enlist Defendant Andre Wegner (“Wegner”) to sell vehicles. (Third Amended Complaint (“TAC”) ¶¶ 10–13.) On January 15, 2012, Wegner told Babadjanian that he...
2021.02.24 Demurrer, Motion to Strike 469
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.24
Excerpt: ...AINED with leave to amend. Because the Court sustains the Demurrer as to the entire FAC, this Court DENIES the Motion to Strike as MOOT. FACTUAL BACKGROUND This is an action for breach of fiduciary duty and constructive fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Serpouhie Sarkissian (“Sue”) and Jirair Sarkissian (“Jirair”) are a married couple who were close friends with a family, Defendants Antranik Bag...
2021.02.23 Demurrer 469
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.23
Excerpt: ...Complaint is OVERRULED as to Defendants Apex Resources, Lo, and Bao. FACTUAL BACKGROUND This is a wage and hour action. 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 f...
2021.02.22 Motion for Summary Judgment, Adjudication 075
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.22
Excerpt: ...f's Motion for Summary Judgment is GRANTED. Defendant Alan Fattal's Motion for Summary Judgment is GRANTED. FACTUAL BACKGROUND This is a construction defect action. The Complaint alleges as follows. Plaintiffs Marcus and David Sanford (the “Sanfords” or “Plaintiffs”) were owners of a residential single- family home (“Subject Property”). (Compl. ¶ 2.) They allege that Defendants 730 Stanley Investments, LLC (“730”), Haytham Kafouf...
2021.02.11 Motion to Enforce Settlement Agreement 617
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.11
Excerpt: ...CKGROUND This is an action for breach of contract. The Complaint alleges as follows. On July 30, 2015, Defendant Paul Blanco (“Blanco”) entered into a sublease with CarFoxy, LLC, the predecessor-in-interest to Plaintiff Shift Operations LLC (“Shift Operations”) for the lease of real property. (Compl. ¶ BC-2.) The sublease and master lease provided that without 90 days after expiration of the sublease, the sublessor (Blanco) must return t...

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