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Location: Los Angeles x
Judge: Draper, Robert x
2021.02.11 Motion for Terminating Sanctions 837
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.11
Excerpt: ...Court declines to impose monetary sanctions or any other sanctions. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs William and Sharon Munson are tenants at property owned by Defendants John Stewart Company and Markie Hayes (“Defendants”). (FAC ¶ 9.) Plaintiffs have been exposed to vermin, plumbing problems, and inadequate security and loc...
2021.02.11 Motion for Attorneys' Fees, Special Motion to Strike 245
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.11
Excerpt: ...RADLEY GIBSON'S SPECIAL MOTION TO STRIKE UNDER CCP SECTION 425.16 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 1970s and 1980s and is “an award nominated actress best known for playing Kitty Sullivan in the multi— award-winning period television drama “The Sullivans.” Ms. Hannaford is also described as being of e...
2021.02.09 Demurrer, Motion to Strike 113
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.09
Excerpt: ...emurrer to the First Amended Complaint is OVERRULED as to the Fifth and Ninth Causes of Action. Defendants' Motion to Strike is DENIED. FACTUAL BACKGROUND This is a landlord-tenant habitability action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Alberto Alvarez and Eva Alvarez (the “Alvarezes”) were prior lessees/residents of apartment building owned by Defendants Vinod K. Singhal (“V. Singhal”), Rajeshwari Sing...
2021.02.08 Motion to Deem Requests for Admission, for Monetary Sanctions 959
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.08
Excerpt: ...oup, Inc.'s Requests for Admission, Set One have been served prior to the hearing on this Motion, the Motion will be DENIED. If verified 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 CAG in the amount of $1972.50. FACTUAL BACKGROUND This is a Proposition 65 action. The Complaint alleges as follows. Plaintiff Consumer ...
2021.02.05 Motion to Deem RFAs Admitted, for Monetary Sanctions 252
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.05
Excerpt: ... Defendant H&G Sewing, Inc. is DENIED. The Court awards of sanctions in the amount of $750 against defendant and defendant's counsel. FACTUAL BACKGROUND 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. (...
2021.02.05 Motion to Compel Arbitration, Stay Court Proceedings 953
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.05
Excerpt: ... for violations of the Labor Code under the Private Attorney General Act (“PAGA”). The Complaint alleges as follows. Defendant Handy Technologies, Inc. (“Handy”), is an on-demand cleaning and home improvement service company that allows customers to book appointments on the Handy app and then Handy sends a uniformed workers to complete the service. (Compl. ¶ 11.) Handy sets the price per cleaning service and pays works on an hourly basis...
2021.02.04 Demurrer 896
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.04
Excerpt: ... Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-Second, Twenty-Third, Twenty Fourth Affirmative, and Twenty-Fifth Affirmatives Defenses is SUSTAINED with leave to amend; and, to the First Affirmative Defense is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is landlord-tenant habitability action. The Complaint alleges as follows. Plaintiffs Jacquilin...
2021.02.03 Motion for Summary Adjudication 563
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.03
Excerpt: ...ation is DENIED as to the Fourth and Fifth Causes of Action and as to the claim for punitive damages. FACTUAL BACKGROUND This is a habitability case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dori Zuckerman Mentzer (“Zuckerman”) resided at the real property controlled by Defendants Errol Reichow and The Reichow Family Trust (collectively, “Reichow”). (FAC ¶¶ 9-10.) In October 2010, Reichow discovered a leak i...
2021.02.03 Demurrer 208
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.03
Excerpt: ...he First Amended Complaint is OVERRULED. 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 Nova filed the Complain...
2021.02.02 Demurrer, Motion to Strike 384
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.02.02
Excerpt: ...ohnson's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend as to the Second, Third, Fourth, and Sixth Causes of Action, and OVERRULED as to the Eleventh Cause of Action. Defendants' Motion to Strike is GRANTED as to the references to “Johnson” in paragraph 10, and DENIED as to the remainder. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The First Amended Complaint (“FAC”) allege...
2021.01.29 Petition to Compel Arbitration 952
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.29
Excerpt: ...and Professions Code Section 17200, et. seq., a statute commonly referred to as the unfair competition law (“UCL”). Laurelwood Cleaners, LLC (“Laurelwood”) is a merchant who has signed an agreement under which it accepts payment for its services through an American Express card. Laurelwood claims that the conditions imposed by American Express on merchants that accept the American Express card require Laurelwood and them to pay American E...
2021.01.28 Motion to Require Posting of Bond 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.28
Excerpt: ...AL DEFENDANT 1605-25 W. OLY, LLC' MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 17709.02(B) NOMINAL DEFENDANT CURACAO, LTD.'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 15910.06 NOMINAL DEFENDANT DIR INTERNATIONAL CORPORATION'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 800(C Nominal Defendants 1605-25 W. Oly LLC, DIR International Corporation, and Curacao Ltd.'s Motions t...
2021.01.27 Motion to Quash Service of Summons 953
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.27
Excerpt: ... DENIED as to both Avid and Tami Kochlani. FACTUAL BACKGROUND This is an action for breach of contract in construction. The Complaint alleges as follows. Plaintiffs Fung Bark Lau (“Lau”) and Yang He (“He”) are a married couple who own residential property (the “Property”). (Compl. ¶ 1.) On January 19, 2019, Plaintiffs entered into a written Home Improvement Contract (the “Contract”) with Defendant T.N.L. Construction, Inc. (“TN...
2021.01.27 Motion for Summary Judgment, Adjudication 603
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.27
Excerpt: ...ICATION DEFENDANT BENJAMIN R. SPINNER'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION Defendants D/AQ Corporation d/b/a Daum Commercial Real Estate Services & James Huy Vu a.k.a. James Vu's Motion for Summary Judgment is GRANTED. Defendant Benjamin R. Spinner's Motion for summary Judgment is GRANTED. FACTUAL BACKGROUND This is unlicensed commercial cannabis activity action. The First Amended Complaint (“FAC”) alleges ...
2021.01.26 Motion to Seal, to Disqualify Counsel 953
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.26
Excerpt: ...sions of the Motion to Disqualify, Declaration of Alan Nissel, and filed Exhibits in support the Motion to Disqualify within ten (10) days of this order. Cross-Defendants' Motion to Disqualify Sklar Kirsh, LLP is DENIED conditioned on Sklar Kirsh dismissing Regency Sponsor as a cross defendant on the Cross Complaint.. The Court declines to order sanctions. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follo...
2021.01.26 Motion to Compel Compliance with Business Records Subpoena, Request for Sanctions 084
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.26
Excerpt: ...ess Records Subpoena is GRANTED. Gypsum Rose, LLC is ordered to serve compliant responses/production within 15 days of this order. Sanctions are awarded against Gypsum Rose, LLC and its principal Andrew Bowen in the amount of $4,125.00. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs Ramona 3721 LLC (“Ramona”), Mountain 3721 LLC (“Mountain”), and Indian Hill 3721 LLC (“Indian Hil...
2021.01.26 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.26
Excerpt: ...mended Cross-Complaint is OVERRULED as to the First, Second, Fifth, and Sixth Causes of Action; and SUSTAINED with leave to amend as to the Third, Fourth, and Seventh Causes of Action. Plaintiff/Cross-Defendant Formosa Fabric Inc.'s Motion to Strike Portions of the First Amended Cross-Complaint is DENIED. FACTUAL BACKGROUND The Complaint alleges as follows. Plaintiff Formosa Fabric Inc. (“Formosa”) entered into business transactions with Defe...
2021.01.25 Demurrer, Motion to Strike 147
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.25
Excerpt: ... Thomas Maxim's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Telicia Powell (“Powell”) was a tenant at property owned by Defendants Sababa Properties, Inc. (“Sababa”), Ashley Saba (“Ashley”), and Justin Saba (“Justin”). (Compl. ¶¶ 1-4.) On February 13, 2020, Justin filed an unlawful detainer action (Case No. 20CMUD00282) (the “Related Case�...
2021.01.22 Motion to Compel Arbitration and Stay Court Proceedings 961
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.22
Excerpt: ...on is GRANTED as to the First through Twelfth and Fourteenth through Sixteenth Causes of Action. The Thirteenth Cause of Action (Violation of Bus. & Prof. Code § 17200, et seq.) is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment harassment and discrimination. The Complaint alleges as follows. Plaintiff Leola Johnson (“Johnson”) began working for Defendant First to Serve, Inc. (“FTS”) in J...
2021.01.22 Motion for Reconsideration, for Attorney's Fees, to Tax Costs 102
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.22
Excerpt: ...s' Motion for Reconsideration is DENIED. Defendant John Bachsian's Motion to Tax Costs is DENIED. Moving Defendants' Motion for Attorneys' Fees is CONTINUED until March3,2021. Plaintiff Hudson's Motion to Tax Costs is similarly CONTINUED. Moving Defendants to file supplemental documentation exclusively as to attorneys' fees specific to Bachsian in connection with the November 8, 2018 hearing by February 3, 2021. Plaintiff to file Opposition by Fe...
2021.01.21 Motion for Judgment on the Pleadings 471
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.21
Excerpt: ...ird, Fifth and Sixth Causes of Action; and DENIED as to the Fourth Cause of Action. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Medardo Torres purchased, on November 2, 2008, a 2009 Dodge Journey with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, the vehicle developed various defects including the interior lights becoming inoperable, fault code U773, a blown fuse, failed visor l...
2021.01.21 Motion for Attorneys' Fees 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.21
Excerpt: ... Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. 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 (“...
2021.01.15 Motion to Compel Arbitration 483
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.15
Excerpt: ...nation. The Complaint alleges as follows. Plaintiffs Cathia Espinoza (“Espinoza”) and Jacqueline Valdovinos (“Valdovinos”) employed by Defendant Golden Hippo (“Hippo”) until wrongfully terminated on January 31, 2019 and February 28, 2019, respectively. (Compl. ¶¶ 1-3.) Plaintiffs allege a work culture where women are subjected to harassment and discrimination based on sex and gender, as well as sexual harassment (Compl. ¶¶ 17- 19....
2021.01.15 Motion for Attorneys' Fees 665
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.15
Excerpt: ... This is a lemon law action. The Complaint alleges as follows: Plaintiff Thomas Jung (“Jung”) leased a new 2017 BMW 340i vehicle in December 2016, with an express written warranty from Defendants Finchey Corporation of California dba Pacific BMW (“Pacific”) and BMW of North America, LLC (“BMW”). (Compl. ¶¶ 6-8.) During the warranty period, the vehicle developed various defects, which caused Jung to bring the vehicle for repairs eigh...
2021.01.14 Motion to Lift Stay 203
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.01.14
Excerpt: ... BACKGROUND This is a wage & hour and employment discrimination action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Sheryl Tompkins (“Tompkins”) was a 61- year-old female hostess at a bar/restaurant owned by Defendants S.M. Inc. and Stephen Mayer (“Mayer”) called Prince O'Whales. (FAC ¶¶ 13-14.) Defendants discriminated against Tompkins due to her age/gender and violated various wage/hour Labor Code sections. (...

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