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Judge: Draper, Robert x
2022.01.21 Motion to Expunge Lis Pendens 991
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.21
Excerpt: ...respect to the five-year lease on Suite 201A. Plaintiff's request for sanctions is DENIED. FACTUAL BACKGROUND This action concerns the real property commonly known as 9701 W. Pico Boulevard, Los Angeles, California 90035 (the “Property”). Plaintiff Caesar Capital, LLC, a/k/a Caesar Capital names as defendants PM Factors, Inc. and all persons known or unknown claiming any legal or equitable right, title, estate, lien or interest in the subject...
2022.01.21 Motion for Leave to Amend Complaint 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.21
Excerpt: ...s an action for employment discrimination and retaliation. The following is alleged in the operative Fourth Amended Complaint. Robin Reid (“Reid”) was a 66-year-old man who worked for defendant Beverly Hills Unified School District (“BHUSD”) for approximately 23 years as a residency investigator. (4AC ¶¶ 8, 11a.) Reid brought safety concerns to BHUSD's attention after experiencing violent altercations when conducting investigations off ...
2022.01.20 Motion to Compel Arbitration 597
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.20
Excerpt: ...��Plaintiff”) employment with Defendants Ormco Corporation, Inc. (“Ormco”). Kelly Services USA, LLC (“Kelly”) is a staffing company that placed Plaintiff to work with Ormco. The Complaint alleges in pertinent part as follows. While working for Ormco, Plaintiff faced harassment and discrimination because of her disability. Ultimately, Plaintiff's employment was wrongfully terminated. PROCEDURAL HISTORY On June 9, 2021, Plaintiff filed a ...
2022.01.18 Demurrer, Motion to Strike 264
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.18
Excerpt: ...rrer to Plaintiffs' First Amended Complaint is OVERRULED. Defendant General Motors, LLC's motion to strike portions of Plaintiffs' First Amended Complaint is DENIED. FACTUAL BACKGROUND This is a lemon law action. The First Amended Complaint (“FAC”) alleges as follows. On August 30, 2014, Plaintiffs Anna Maldonado (“Maldonado”) and Wayne Paul Benson (“Benson”) (collectively “Plaintiffs”) purchased a 2014 Chevrolet Cruze vehicle ide...
2022.01.14 Motion to Disqualify Counsel 995
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.14
Excerpt: ...L BACKGROUND Plaintiff Anthony Xepolis was insured with Defendant Tokio Marine America Insurance Company. Plaintiff hired nonparty contractor Build a Dream, Inc. to install a new deck on the property. Thereafter, water began to leak through the ceiling, leading the ceiling to collapse days later. Build a Dream admitted responsibility for damage to the ceiling caused by defective deck installation. Plaintiff reported the claim to Defendant. The pa...
2022.01.13 Motion for Summary Judgment, Adjudication 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.13
Excerpt: ... This is a lemon law action. The Complaint alleges as follows. Plaintiffs Juan Perez and Juan Pablo Perez (“Plaintiffs”) purchased a used 2015 Ford Mustang (“Subject Vehicle”) on July 31, 2015. (Complaint ¶ 9.) Defendant Ford Motor Company (“Ford”) manufactured or distributed the Subject Vehicle and, under the Subject Vehicle's express warranties, undertook to preserve or maintain the utility or performance of the Subject Vehicle or ...
2022.01.12 Motion for Approval of PAGA Settlement 049
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.12
Excerpt: .... FACTUAL BACKGROUND This is a PAGA action. Plaintiff Luis Melgoza alleges he was employed by Defendant Century Tile, LLC dba Lunada Bay Tile as a warehouse worker from approximately 2015 until his date of termination on April 24, 2020. Plaintiff alleges Defendant violated various provisions of the Labor Code by failing to pay all wages, provide compliant meal and rest breaks, adopt standards that minimize excessive indoor heat, provide accurate ...
2022.01.12 Demurrer, Motion to Strike 256
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.12
Excerpt: ...ORTIONS OF CROSS- COMPLAINANT'S CROSS-COMPLAINT Cross-Defendant CSE Safeguard Insurance Company's demurrer to Cross-Complainant's Cross- Complaint is SUSTAINED with 20 days leave to amend. Cross-Defendant CSE Safeguard Insurance Company's motion to strike portions of Cross-Complainant's Cross-Complaint is DENIED as moot. FACTUAL BACKGROUND This is an action for insurance coverage. The Complaint alleges as follows. Plaintiff CSE Safeguard Insuranc...
2022.01.11 Motion to Strike or Tax Costs 048
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.11
Excerpt: ...ar Cruz, and Roxanna Cruz Aquino filed on October 8, 2021 is GRANTED IN PART. The amount of $3,713.85, is taxed. Plaintiffs are to receive the remaining requested costs in the amount of $10,618.22. FACTUAL HISTORY This is a Lemon Law action. The Complaint alleges as follows. On May 17, 2015, Plaintiffs Eduardo Cruz Aquino aka Edwardo Cruz Aquino (“Aquino”), Omar Cruz (“Cruz”), and Roxxana Cruz Aquino (“Roxxana”) purchased a used 2013 ...
2022.01.10 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.10
Excerpt: ...he arbitration FACTUAL BACKGROUND This matter arises from Plaintiff Eric Ellis' (“Plaintiff”) employment with Defendant Warren Properties, Inc. (“Defendant”). The First Amended Complaint (“FAC”) alleges in pertinent part as follows. While working for Defendant as a leasing agent/property manager from July 6, 2020 to March 10, 2021, Plaintiff faced harassment and discrimination because of his race as an African-American and Plaintiff c...
2022.01.07 Motion to Set Aside Default 464
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.07
Excerpt: ...side the Default entered against him as to Cross-Complainants Zhe Zhang and Envirogreen Windows and Doors, Inc.'s First Amended Cross-Complaint is GRANTED. Plaintiff is to file an answer to the First Amended Cross-Complaint within 20 days of this ruling. FACTUAL BACKGROUND This matter arises from a breach of contract. PROCEDURAL HISTORY On March 16, 2020, Plaintiff Xiaoxing Zhang (“Plaintiff”) filed a Complaint against Defendants Zhe Zhang (�...
2022.01.05 Demurrer 361
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ..., and fourth causes of action as to defendant Harari with leave to amend. The demurrer to the eighth cause of action is sustained as to all Defendants with leave to amend. FACTUAL BACKGROUND This is a wrongful foreclosure action concerning the residential property located at 810 E. 76th Place, Los Angeles, California (the “Property”). (SAC ¶ 1.) Plaintiff Donna Allen, as an individual and as Trustee of the Earnestine Allen Living Trust, alle...
2022.01.05 Motion for Summary Judgment, Adjudication 411
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ...ation are DENIED. FACTUAL BACKGROUND This action arises from a real estate nondisclosure dispute. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Roza Ranjbar (“Plaintiff”) purchased a residential property located at 20418 Califa Street in Woodland Hills, California (“Property”) from Defendants Vasil L. Rakov (“Rakov”) and Lyubka P. Rakova (“Rakova”). (SAC ¶ 9.) Defendants Margreit Saanad and Landco Realty ...
2022.01.05 Motions to Strike Complaint 826
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2022.01.05
Excerpt: ...stan Copen (“Copen”), Naghmeh Makhani (“Makhani”) and 611 Gayley Los Angeles 90024 LLC (“Gayley”) are DENIED except as for the negligence cause of action, as which they are GRANTED. FACTUAL BACKGROUND This action arises from a landlord-tenant dispute. Plaintiffs Steven Alexander Littaua (“Littaua”) and Bryan Martinez (“Martinez”) (collectively, “Plaintiffs”) resided at the real property known as 611 Gayley Avenue, Los Ange...
2021.12.17 Special Motion to Strike 254
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.17
Excerpt: ...e, Philip John “P.J.” Clapp (p/k/a Johnny Knoxville), Adam H. Spiegel (p/k/a Spike Jonze), Dickhouse Entertainment, Inc., and Gorilla Flicks' Special Motion to Strike Plaintiff's Complaint is GRANTED IN PART and DENIED IN PART. The Court GRANTS the motion only as to the Twelfth and Thirteenth Causes of Action and DENIES it as to the Tenth and Eleventh Causes of Action. FACTUAL BACKGROUND This is an employment, breach of contract, and copyrigh...
2021.12.17 Motion to Compel Arbitration 417
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.17
Excerpt: ... completion of the arbitration. FACTUAL BACKGROUND This matter arises from Plaintiff Gabrielle Bon Durant's employment with Defendants California Yacht Club, Inc. (“CYC”) and Hillcrest Country Club (“HCC”). The Complaint alleges in pertinent part as follows. While working at CYC, Plaintiff suffered harassment from her supervisors and was retaliated against. Plaintiff also suffered from a disability and requested reasonable accommodations,...
2021.12.16 Motion to Strike, to Expunge Lis Pendens 920
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.16
Excerpt: ...ily Trust's Motion to Expunge Lis Pendens is GRANTED. Defendants Request for Attorney's Fees and Costs is DENIED without prejudice. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges in relevant part as follows. On March 28, 2012, Defendants Yook Kahm and The Kahm Family Trust (collectively “Defendants”) purposefully and inaccurately misrepresented the square footage amount of the subject premises. This led Plaintif...
2021.12.15 Demurrer 075
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.15
Excerpt: ...ion. Plaintiffs Marcus Sanford and David Braden Sanford allege the following. Plaintiffs were the purchasers and owners of a residential single-family home located in Los Angeles (the “Property”). Plaintiffs have identified certain defects in construction in violation of the construction standards set forth in the Civil Code, which are causing property damage to the Property, including extensive water damage and mold contamination. This suit ...
2021.12.14 Demurrer 932
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.14
Excerpt: ...olina Eight Cause of Action is SUSTAINED, With 20 days Leave to Amend. FACTUAL BACKGROUND This matter arises from Plaintiff Christina Molina's (“Plaintiff”) employment with SEIU Local 121RN (“Defendant”). Plaintiff was retaliated against because she reported abusive treatment by a manager. (Compl., ¶ 14.) Defendant retaliated against Plaintiff in several ways, including assigning her tasks that violated her medical restrictions. (Compl.,...
2021.12.10 Petition to Compel Arbitration 890
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.10
Excerpt: ... alleges that he worked for his former employer, Defendant Canyon Wholesale Provisions, from April 15, 2006 to February 19 2020. Plaintiff alleges that Defendant failed to pay Plaintiff all wages, failed to provide meal and rest breaks, and committed unlawful business practices. Plaintiff also alleges that he is diagnosed with asthma, a condition considered to be a disability under relevant state and federal laws. Plaintiff was terminated on Febr...
2021.12.10 Motion for Leave to Amend Complaint 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.10
Excerpt: ...or employment discrimination and retaliation. The following is alleged in the operative Fourth Amended Complaint. Robin Reid (“Reid”) was a 66-year-old man who worked for defendant Beverly Hills Unified School District (“BHUSD”) for approximately 23 years as a residency investigator. (4AC ¶¶ 8, 11a.) Reid brought safety concerns to BHUSD's attention after experiencing violent altercations when conducting investigations off school ground...
2021.12.09 Demurrer, Motion for Protective Order 673
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.09
Excerpt: ...omplaint is DENIED AS MOOT. Defendant Guangxia Kou aka Angelina Kou's Motion for Protective Order is DENIED. The Motions for Sanctions are DENIED. FACTUAL HISTORY This is an action arising out of a romantic relationship between Plaintiff David Siu Kai Lee aka David Lee (“Lee”) and Defendant Guangxia Kou aka Angelina Kou (“Kou”). Plaintiff alleges that he invested his own money into multiple real estate investments relying on Kou's promise...
2021.12.07 Demurrer 372
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.07
Excerpt: ...e Sevigny (“Plaintiff”) claims that she was discriminated, harassed and retaliated against by Defendant Cri-Help, Inc. on the basis of her disability and medical condition. (Compl. ¶ 6.) Plaintiff further asserts that she was denied reasonable accommodations, sick time, and family leave. (Id.) Because of her medical condition and lawful requests, she was subjected to harassment, which constituted a hostile work environment. (Compl. ¶ 7.) Fu...
2021.12.06 Demurrer, Motion to Strike 158
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.06
Excerpt: ... Cause of Action for Elder Abuse is OVERRULED. This Defendant Kendra Wallace's Don Wallace's and Ron Wallace's Demurrer to Plaintiff's Third Cause of Action for Conversion is sustained with leave to amend. Defendants Kendra Wallace's Don's Wallace and Ron Wallace's Motion to Strike portions of Plaintiff's FAC is DENIED. FACTUAL BACKGROUND This action arises from allegations that that an elderly woman was intentionally misled by her offspring into...
2021.12.06 Demurrer, Motion to Strike 082
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.12.06
Excerpt: ... Cause of Action for Elder Abuse is OVERRULED. This Defendant Kendra Wallace's Don Wallace's and Ron Wallace's Demurrer to Plaintiff's Third Cause of Action for Conversion is sustained with leave to amend. Defendants Kendra Wallace's Don's Wallace and Ron Wallace's Motion to Strike portions of Plaintiff's FAC is DENIED. FACTUAL BACKGROUND This action arises from allegations that that an elderly woman was intentionally misled by her offspring into...

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