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Judge: Draper, Robert x
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 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...
2022.06.16 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...
2022.06.16 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...
2022.03.01 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 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...
2022.02.04 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 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...
2022.02.02 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...
2022.02.02 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...
2022.02.01 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 ...

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