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2021.08.31 Demurrer, Motion to Strike 799
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.31
Excerpt: ... Fifteenth Causes of Action; and OVERRULED as to the Sixth through Eighth, Tenth, and Twelfth through Fourteenth Causes of Action. Defendant Landscape Development, Inc.'s Motion to Strike is DENIED. FACTUAL BACKGROUND This is a discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Salvador Orozco (“Orozco”) was hired by Defendants Landscape Development, Inc. (“Landscape”), Landscape Development (“Development�...
2021.08.30 Petition to Confirm Arbitration Award 208
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.30
Excerpt: ...etition to Confirm Arbitration Award is GRANTED. Plaintiff Cogeneration Company's Petition to Vacate the Arbitration Award is DENIED. PROCEDURAL HISTORY On July 26, 2019, Plaintiff Cogeneration Company (“CCC”) filed the Complaint, alleging one cause of action for breach of contract. On September 3, 2019, CCC filed the FAC, alleging three causes of action: 1. Breach of contract 2. Breach of covenant of good faith and fair dealing 3. Rescission...
2021.08.26 Motion for Protective Order or for Stay of Debtor's Examination 432
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.26
Excerpt: ...NATION Plaintiffs/Judgment Debtors Nathan Johnson and Shari Edwards' Motion for Protective Order is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duty and invasion of privacy. The facts of this case are more thoroughly set forth in previous rulings by this Court. Plaintiffs Nathan Johnson, Shari Edwards, and Edwards-Johnson LLC[1] allege that they are homeowners within a gated community in Los Angeles. (First Amended Compla...
2021.08.24 Motion to Strike 737
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.24
Excerpt: ...FORNIA), INC., ONNI REAL ESTATE IX, LLC, AND ONNI SOUTH HILL LIMITED PARTNERSHIP'S MOTION TO STRIKE PORTIONS OF DOMUS DESIGN GROUP, LLC'S FIRST AMENDED CROSS COMPLAINT ESPINOSA 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 The Onni Cross-De...
2021.08.23 Demurrer, Motion to Strike 467
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.23
Excerpt: ...ARITA COMMUNITY COLLEGE DISTRICT, et al.; Defendants. Defendant Santa Clarita Community College District's Demurrer to the Complaint in Intervention is SUSTAINED as to the Fifth Cause of Action and OVERRULED as to the First through Fourth causes of action. Defendant Santa Clarita Community College District's Motion to Strike is GRANTED. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff...
2021.08.20 Motion to Compel Arbitration 067
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.20
Excerpt: ...Paul Di Giralamo, and David Sanchez's Motion to Compel Arbitration is GRANTED as to the claims between Plaintiff and PLD, Girolamo, and Sanchez. This action is STAYED pending the conclusion of arbitration. FACTUAL BACKGROUND This is an employment discrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Francisco Garcia (“Garcia”) was employed by Defendants PLD Enterprises dba Superior Seafood Com...
2021.08.18 Demurrer 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.18
Excerpt: ...NT MAURICIO FUX'S DEMURRER TO THE FAC Defendant Mauricio Fux's Demurrer to the FAC is SUSTAINED without leave to amend as to the Fifth and Sixth Causes of Action. The Demurrer is MOOT as to the Fourth Cause of Action. FACTUAL BACKGROUND This is a derivative action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jerry Yorman Azarkman (“Azarkman”) is a shareholder of Nominal Defendant DIR Internatio...
2021.08.16 Motions in Limine 884
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.16
Excerpt: ... ACTION IS LEGALLY OR SUBSTANTIVELY INSUFFICIENT OR LACKING IN MERIT As the Court will reiterate repeatedly in ruling on these motions, the sole issues to be tried in this phase of these proceedings is whether Plaintiff was damaged by Defendants' act in maliciously prosecuting the causes of action for declaratory relief and unjust enrichment and, if so, the amount of Plaintiff's damages. The fact that Defendant maliciously prosecuted these two ca...
2021.08.13 Motion to Compel Arbitration 850
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.13
Excerpt: ...el Arbitration is GRANTED. FACTUAL BACKGROUND This is an employment discrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Hanaa Hanein (“Hanein”) was hired by Defendants Macy's Retail Holdings, LLC and Macy's (“Macy's,” improperly sued as Macy's West Store, LLC) in October 2018. (Compl. ¶ 17.) Hanein was injured at work in May 2019, she filed a workers' compensation claim and was placed o...
2021.08.13 Motion to Compel Arbitration 245
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.13
Excerpt: ...el Arbitration is GRANTED. FACTUAL BACKGROUND This is an employment discrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Hanaa Hanein (“Hanein”) was hired by Defendants Macy's Retail Holdings, LLC and Macy's (“Macy's,” improperly sued as Macy's West Store, LLC) in October 2018. (Compl. ¶ 17.) Hanein was injured at work in May 2019, she filed a workers' compensation claim and was placed o...
2021.08.13 Motion to Compel Arbitration 081
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.13
Excerpt: ...iscrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Marco Vera Bouchain (“Vera”) was employed by Defendants Dominoids, Inc. dba Domino's Pizza (“Dominoids”) and Western Pizza Enterprises, Inc. dba Domino's Pizza (“Western”) from 2010 until July 26, 2019 as a pizza delivery person. (Compl. ¶ 10.) Vera was injured in a car accident while delivering pizza in September 2017, but Defendan...
2021.08.12 Demurrer, Motion to Strike 491
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.12
Excerpt: ...onio Sanchez's Motion to Strike Portions of the Complaint is DENIED as to both punitive damages and attorneys' fees. FACTUAL BACKGROUND This is an action alleging various causes of action arising from an alleged breach of contract. The Complaint alleges as follows. Plaintiffs Gee & Daughter, LLC (“Gee”) and Stephanie Lee (“Lee”) purchased the subject real property on March 3, 2021 from Defendants Second Generation Industry (“SGI”), Ar...
2021.08.12 Motion to Compel Arbitration 850
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.12
Excerpt: .... On October 12, 2012, Plaintiffs Lisa Acrond (“Acrond”) and Margie Armstead (“Armstead”) purchased a 2012 Hyundai Elantra with an express written warranty from Defendant Hyundai Motor America (“Hyundai”)'s authorized dealership South Bay Hyundai. (Compl. ¶¶ 6-7.) Defendant BMW of North America, LLC (“BMW”) manufactured and/or distributed the vehicle. (Compl. ¶ 7.) During the warranty period, the vehicle developed various defec...
2021.08.11 Motion for Summary Adjudication 731
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.11
Excerpt: ...up and Robert C. Burlison's Motion for Summary Adjudication of the First Cause of Action – Breach of Contract in the Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is a legal malpractice action. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiffs Tony and Michael Atallah (“Plaintiffs”) retained Defendants Burlison Law Group and Robert C. Burlison (“Defendants”) to represent them in a lawsuit to enforce a commerci...
2021.08.11 Motion for Monetary Sanctions, Demurrer 036
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.11
Excerpt: ...SITION OF MONETARY SANCTIONS AGAINST PLAINTIFF PURSUANT TO CCP § 128.7 DEFENDANTS 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 FIRST AMENDED COMPLAINT Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investments...
2021.08.10 Motion for Preliminary Injunction 361
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.10
Excerpt: ... the amount of $14,610.54. FACTUAL BACKGROUND This is a wrongful foreclosure action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Donna Allen (“Allen”)'s sister, Trina Allen (“Trina”) executed a note and deed of trust for which Defendant Matthew Shepherd (“Shepherd”) was the beneficiary. (FAC ¶ 1.) The note and deed of trust were void. (FAC ¶ 1.) The FAC alleges that Defendant Lil Wave Financial, Inc. dba Su...
2021.08.09 Demurrer 526
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.09
Excerpt: ...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. (“TNL”), a general contractor who agreed to furnish l...
2021.08.06 Motion for Attorney Fees, to Tax Costs 322
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.06
Excerpt: ...D FORAT AND STUDIO CITY CAR WASH FOR FAILURE TO ADMIT THE TRUTH OF THE MATTERS WHEN REQUESTED BY REQUESTS FOR ADMISSION PLAINTIFFS/PETITIONERS BEHZAD FORAT AND STUDIO CITY CAR WASH, INC.'S MOTION TO TAX COSTS Defendants/Respondents City of Los Angeles and Los Angeles City Council's Motion for Attorneys' Fees is GRANTED in the reduced amount of $65,000. Plaintiffs/Petitioners Behzad Forat and Studio City Car Wash Inc.'s Motion to Tax Costs is DENI...
2021.08.05 Petition to Confirm Correct or Vacate Contractual Arbitration Award 133
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.05
Excerpt: ...acate Contractual Arbitrator Award is GRANTED. Judgment is entered in favor of Vesta. Robin is ordered to pay Vesta $41,785.00 plus 10% interest from May 31, 2021 to date of payment, plus the costs of suit. Vesta to submit supplemental proof supporting a calculation of interest and the costs of suit. FACTUAL BACKGROUND This a breach of contract case. The Complaint alleges as follows. Plaintiff Showroom Interiors, LLC dba Vesta Home (“Vesta”) ...
2021.08.05 Demurrer 343
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.05
Excerpt: ...leges as follows. Plaintiff Jaimyse Haft (“Haft”) leased property to Defendant Omar Nukta (“Nukta”) for a fixed-term lease expiring February 28, 2021 at $16,500 per month. (FAC ¶ 6.) Haft demands possession of the property because the fixed-term lease expired. (FAC ¶ 10.) The FAC alleges that the tenancy was terminated for both at-fault and no- fault reasons. (FAC ¶ 8.) PROCEDURAL HISTORY Haft filed the Complaint on March 3, 2021, alle...
2021.08.04 Motion to Strike 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.04
Excerpt: ... MAURICIO FUX'S MOTION TO STRIKE UNDER C.C.P. SECTION 425.16 (ANTI-SLAPP) The Court declines to rule on the instant Special Motion to Strike. The Court holds that the FAC was improperly filed without leave of this Court and in violation of the February 22, 2021 ruling. Pursuant to this Court's inherent authority to enforce its rulings (Machado v. Myers (2019) 39 Cal.App.5th 779, 796, fn. 13, review denied (Dec. 11, 2019)), the Court strikes the F...
2021.08.04 Motion for Judgment on the Pleadings 900
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.04
Excerpt: ...ant's Eighth Affirmative Defenses in the Answer to the First Amended Complaint is DENIED. Plaintiffs' Motion for Judgment on the Pleadings as to Defendant's Ninth Affirmative Defenses in the Answer to the First Amended Complaint is GRANTED without leave to amend. FACTUAL BACKGROUND This is a wrongful death action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Rachel Ohi (“Rachel”) brings this action as successor-in-int...
2021.08.03 Motion to Require Compliance with Statutory Bond Requirement, Request for Stay 002
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.03
Excerpt: ... Requirements and Request for Stay is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs Ignite International, Ltd. Formerly Vulcan Enterprises US, Ltd. (“Vulcan”) and Ignite International Brands Ltd. (“Ignite”) entered into a Residential Lease Agreement on May 27, 2018 with Defendant 10979 Chalon, LLC (“10979”), as lessor, for real property known as 10979 Chalon Road, Los...
2021.08.03 Demurrer 888
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.08.03
Excerpt: ...of Action is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is a foreclosure/fraud/wrongful debt collection action. The Third Amended Complaint (“TAC”) alleges as follows. In November 2006, Plaintiff Diana Gray f/k/a Diana Bogden (“Bogden” or “Plaintiff”) entered into negotiations to purchase a residential property in West Hollywood (the “Property”). (TAC ¶ 12.) Bogden spoke with non-party Jana Kohl (“Kohl”) of First ...
2021.07.28 Motion to Strike FAC 747
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.28
Excerpt: ...ACKGROUND This is an employment discrimination and wage/hour action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Miguel Vasquez (“Vasquez”) was employed by Defendant Aesthetic Maintenance Corporation (“Aesthetic”) as a window cleaner from May 1, 2005 to August 25, 2019. (FAC ¶ 18.) Vasquez was routinely discriminated against in assignment and promotion opportunities, and was terminated, based on race. (FAC ¶¶ ...
2021.07.28 Motion to Strike FAC 997
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.28
Excerpt: ...ornia and Ken Begey's Motion to Strike is DENIED as to both attorneys' fees and punitive damages. FACTUAL BACKGROUND This is an action alleging breach of fiduciary duties. The First Amended Complaint (“FAC”) alleges as follows. In April 2018, Plaintiffs Mehdi Haerikhorshid and Leila Haeri were convinced to make made an offer on residential property by their real estate agent, Defendant Mary Medhi Fadaei (“Fadaei”). (FAC ¶ 16.) The proper...
2021.07.21 Demurrer 865
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.21
Excerpt: ... as follows. Plaintiff Daniel Wyner (“Wyner”) was a tenant of Defendant Ame Austin (“Austin”) pursuant to a written lease. (Compl. ¶ 1.) The lease included a $25,000 security deposit. (Compl. ¶ 4.) During the term of the lease, the property had many defective conditions including a broken air conditioning system, which Austin was forced to repair without reimbursement, and faulty electrical outlets. (Compl. ¶¶ 6-7.) During Covid-19, W...
2021.07.20 Motion to Strike 308
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.20
Excerpt: ...intiff's Complaint is DENIED. FACTUAL BACKGROUND This is an action for an attorney lien. The Complaint alleges as follows. Plaintiff Victoria Le (“Le”) is an attorney working at Plaintiff Law Offices of London & Le (“Law Offices”), the successor law firm of London, Nguyen & Le (“LNL”). (Compl. ¶¶ 1-2.) In November 2015, LNL agreed to represent non-party Guadalupe Contreras (“Contreras”) in a personal injury claim against Defenda...
2021.07.20 Motion for Reconsideration, to Require Bond 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.20
Excerpt: ...ENDANTS DIR INTERNATIONAL CORPORATION'S, CURACAO, LTD, AND 1605-25 W. OLY, LLC'S MOTION FOR RECONSIDERATION OF COURT'S ORDER RE MOTIONS TO REQUIRE PLAINTIFF TO FURNISH BOND AND ORDERS/SUPPLEMENTAL FINDINGS RE MOTION TO REQUIRE PLAINTIFF TO FURNISH BONDS The Nominal Defendants' Motion for Reconsideration is DENIED. FACTUAL BACKGROUND This is a derivative action for breach of contract. The Complaint alleges as follows. Plaintiff Jerry Yorman Azarkm...
2021.07.20 Demurrer, Motion to Strike 326
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.20
Excerpt: ... the Gyoung Jae Park and Yoon Hee Choe Life Estate Trust, Hannah Park, David Park, and Felipa Richland dba Richland & Associates' Demurrer to the First through Third and Seventh Causes of Action is SUSTAINED with leave to amend as to Felipa Richland (both individually and doing business through her law firm Richland & Associates). The Demurrer is OVERRULED for all causes of action as to Gyoung Jae Park, the Gyoung Jae Park and Yoon Hee Choe Life ...
2021.07.14 Motion to Deposit Funds in Court 591
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.14
Excerpt: ...PC, Gabriela Ramzi and Nathan Noe to Deposit Funds in Court is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. On September 26, 2013, Defendants Gabriella Ramzi (“Ramzi”) and Nathan Noe (“Noe”) were injured in a car accident. (Compl. ¶ 10.) They were referred to Orthopedic Specialists of Southern California and Integrated Surgery Center 107 (“Physicians”) for treatment. (Compl. �...
2021.07.14 Motion for Summary Adjudication 077
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.14
Excerpt: ...nt Fireman's Fund's Motion for Summary Adjudication of the Claim for Punitive Damages is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One Health International dba Redondo Veterinary Medical Center (“One Health”) is a nonprofit that operates a veterinary medical center that purchased a business insurance policy from Defendants Allianz Global Corporate Specialty (“Allianz”)...
2021.07.13 Demurrer, Motion to Strike 042
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.13
Excerpt: ... and Sixth Causes of Action. Defendant WalMart Inc.'s Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract, negligence, and premises liability. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Nicole Jackson (“Jackson”) visited a Defendant WalMart Inc. (“WalMart”) store to make a purchase on February 2, 2018. (FAC ¶ 1.) Jackson's credit card was declined, and Jackson left her items ...
2021.07.12 Motion for Reconsideration 140
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.12
Excerpt: ...ROUND This is a wrongful death action. The Complaint alleges as follows. Decedent Kulwinder Singh (“Kulwinder”) died on July 13, 2019 in Hudspeth County, Texas after the commercial tractor-trailer he was driving collided with the truck driven by Defendant Reymundo Abilo Tejada (“Tejada”). (Compl. ¶¶ 16-20.) The Complaint alleges that Defendants improperly maintained the vehicle Tejeda was driving and Tejada was unqualified to be operati...
2021.07.09 Motion to Continue Trial Dates 990
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.09
Excerpt: ...d vacated. New dates will be set in consultation with counsel at the hearing on this motion. Discovery and motion cut-off dates shall be based on the new trial date. FACTUAL BACKGROUND This is a FEHA discrimination action. The Complaint alleges as follows. Plaintiff Luz Robles (“Robles”) was employed by Defendant Lennox School District (“Lennox”) as a Campus Supervisor at Lennox Middle School in Los Angeles, California. (Compl. ¶ 1.) Rob...
2021.07.09 Motion to Compel Arbitration 507
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.09
Excerpt: ...ed as Sammy's Inc. dba Sammy's Enterprise/Sales' Motion to Compel Arbitration is GRANTED. This action is STAYED pending the conclusion of the arbitration. FACTUAL BACKGROUND This is an action arising out of a used vehicle sale. The Complaint alleges as follows. On February 12, 2020, Plaintiffs Horacio Nunez (“Nunez”) and Yadira Franco (“Franco”) purchased a used 2013 BMW 335i for $21,453.12 from Defendant Sammy's Enterprise Sales erroneou...
2021.07.08 Demurrer 747
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.08
Excerpt: ...nt alleges as follows. Plaintiff Fitness International, LLC (“Fitness”) is a nationwide operator of health club/fitness centers and was a tenant to a shopping center lease (the “Lease”) dated July 10, 2003, with Galois Group, LLC (successor-in-interest to Rye Canyon Gateway Plaza, LLC) (“Galois”) as landlord. (Compl. ¶¶ 2, 13.) Fitness stopped operating its business on March 17, 2020 to due to the government-mandated COVID-19 orders...
2021.07.08 Motion to Dismiss Complaint 649
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.08
Excerpt: ...anding is DENIED. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Jordan Matthew (“Mathew”) was hired by Defendant Katrina Kennedy (“Kennedy”) on November 1, 2015 as an employee of Kennedy's sole proprietorship before Defendant Redwood Gold Group, Inc. (“Redwood” was incorporated in California on January 12, 2016. (Compl. ¶ 5.) Mathew was terminated on April 12, 2017. (Compl. ¶ 5.) The ...
2021.07.07 Demurrer, Motion to Strike 471
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.07
Excerpt: ... to the Fifth Cause of Action; and OVERRULED as to the First through Fourth and Sixth Causes of Action. Defendant FCA UC, LLC's Motion to Strike the Prayer for Punitive Damages is DENIED. 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 ...
2021.07.01 Motion to File Portions of Complaint Under Seal 002
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.01
Excerpt: ...t Under Seal is DENIED. Plaintiffs to file an unredacted version of the Complaint within 5 days. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs Ignite International, Ltd. Formerly Vulcan Enterprises US, Ltd. (“Vulcan”) and Ignite International Brands Ltd. (“Ignite”) entered into a Residential Lease Agreement on May 27, 2018 with Defendant 10979 Chalon, LLC (“10979”), as lessor...
2021.07.01 Demurrer, Motion to Strike 526
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.07.01
Excerpt: ...end as to all causes of action. Cross-Defendant EHD Builder's Motion to Strike is DENIED as moot because the Court has sustained (with leave to amend) the demurrer to all causes of action in the Cross- Complaint. 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...
2021.06.29 Demurrer 243
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.29
Excerpt: ...ction in the First Amended Cross-Complaint is OVERRULED as to both the Fifth and the Sixth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract and legal malpractice. The Complaint alleges as follows. On November 15, 2013, Plaintiff Noushin Motavassel (“Motavassel”) retained Defendants Shahrokh Mokhtarzadeh and Shahrokh Mokhtarzadeh, PLC. (together, “SMPLC”) to represent her in divorce proceedings with a written e...
2021.06.28 Motion for Summary Judgment 570
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.28
Excerpt: ...T FINE DISCOUNT NO. 1, INC. DBA GENERAL DISCOUNT ERRONEOUSLY SUED AS GENERAL DISCOUNT, LLC'S MOTION FOR SUMMARY JUDGMENT Defendant Fine Discount No. 1, Inc. dba General Discount Erroneously Sued as General Discount, LLC's Motion for Summary Judgment is DENIED as to all causes of action. FACTUAL BACKGROUND This is a Proposition 65 action. The Complaint alleges as follows. Plaintiff Consumer Advocacy Group, Inc. (“CAG”) alleges violations of Pr...
2021.06.28 Demurrer 243
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.28
Excerpt: ...t is OVERRULED as to both the Fifth and the Sixth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract and legal malpractice. The Complaint alleges as follows. On November 15, 2013, Plaintiff Noushin Motavassel (“Motavassel”) retained Defendants Shahrokh Mokhtarzadeh and Shahrokh Mokhtarzadeh, PLC. (together, “SMPLC”) to represent her in divorce proceedings with a written engagement agreement. (Compl. ¶ 5.) Inste...
2021.06.24 Demurrer 566
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.24
Excerpt: ...rth, Seventh, and Eighth Causes of Action and OVERRULED as to the Fifth and Sixth Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Donna Allen (“Donna”)'s sister, Trina Allen (“Trina”) executed a note and deed of trust for which Defendant Matthew Shepherd (“Shepherd”) was the beneficiary. (FAC ¶ 1.) The note and deed of trust were void. (...
2021.06.24 Demurrer 321
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.24
Excerpt: ...rth, Seventh, and Eighth Causes of Action and OVERRULED as to the Fifth and Sixth Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Donna Allen (“Donna”)'s sister, Trina Allen (“Trina”) executed a note and deed of trust for which Defendant Matthew Shepherd (“Shepherd”) was the beneficiary. (FAC ¶ 1.) The note and deed of trust were void. (...
2021.06.23 Special Motion to Strike 099
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.23
Excerpt: ... GRANTED. FACTUAL BACKGROUND This is an action for wrongful eviction. The Complaint alleges as follows. Plaintiff Mari N. Hudson (“Hudson”) was in peaceable possession of property when Defendants forcibly entered the property by means of the Sheriff and a void writ of possession. (Complaint ¶ 14.) On June 12, 2007, Defendant Marineland Community Association, Inc. (“Marineland”) was formed “for the purpose of buying the Community on beh...
2021.06.23 Motion to Quash for Lack of Jurisdiction 995
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.23
Excerpt: ...UAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Flavorgod, LLC (“Flavorgod”) manufactures and sells food seasonings/spices around the world. (Compl. ¶ 10.) On November 13, 2017, Flavorgod entered into a written Services Agreements (“Services Agreement”) with Defendant WIT Group, LLC (“WIT”) to provide fulfillment services such as storage, packing, and shipping of Plaintiff's goods....
2021.06.22 Motion to Quash for Lack of Jurisdiction 995
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.22
Excerpt: ...BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Flavorgod, LLC (“Flavorgod”) manufactures and sells food seasonings/spices around the world. (Compl. ¶ 10.) On November 13, 2017, Flavorgod entered into a written Services Agreements (“Services Agreement”) with Defendant WIT Group, LLC (“WIT”) to provide fulfillment services such as storage, packing, and shipping of Plaintiff's goods. (Co...
2021.06.21 Demurrer, Motion to Strike 384
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.06.21
Excerpt: ...d as to the Fifth Cause of Action; and OVERRULED as to the First, Second, Third, Fourth, and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike Portions of Plaintiff's First Amended Complaint is MOOT as to the Fifth Cause of Action and otherwise DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Albert Addis (“Addis”) purchased, on February 9, 2...

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