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Judge: Draper, Robert x
2021.10.20 Demurrer 164
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.20
Excerpt: ...f H&T Seafood, Inc. (“Plaintiff”) entered into a contract with Defendant Envireco, Inc. on March 23, 2020 to purchase large quantities of jasmine rice for import into the United States from Thailand. (Compl. ¶ 6; Exh. A.) Plaintiff paid Defendant Envireco, Inc. over $1,200,000 in connection with this contract. (Compl. ¶ 6.) Defendant Ake Rice Mill Co. stored the rice in its commercial warehouse and packing facility in Thailand and it was la...
2021.10.19 Motion to Compel Arbitration, Demurrer, Motion to Strike 850
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.19
Excerpt: ...undai Motor America's Motion to Compel Arbitration is GRANTED. Having granted Defendant Hyundai Motor America's Motion to Compel Arbitration, Defendant Hyundai's Demurrer and Motion to Strike Portions of the Complaint filed on December 23, 2020, are OVERRULED and DENIED without prejudice as moot. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. On October 12, 2012, Plaintiffs Lisa Acrond (“Acrond”) and Margie A...
2021.10.18 Motion to Strike Costs 405
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.18
Excerpt: ...��SecGen”) is a women's clothing and apparel design, sale, and wholesale distribution company. On March 12, 2008 SecGen entered into a contract with Kody for the production and sale of clothing. This contract was signed by Judgment Debtor Cathy Trinh on behalf of Kody. The contract had a liquidated damages clause which became operative if clothing ordered pursuant to the contract was delivered late. On February 5, 2016, after repeated late deli...
2021.10.15 Motion to Compel Further Responses, for Monetary Sanctions 354
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.15
Excerpt: ...MENTS TO BE PRODUCED BY PLAINTIFF PER DEFENDANT'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFF. Defendant Those Interested Underwriters of Lloyd's of London Subscribing to Policy Number 1806- 312494-01's (“Lloyds”) motion to compel further documents is GRANTED. Full responses and production of all responsive documents within objection are ordered within 20 days. Lloyds' Its request for...
2021.10.14 Motion for Limited-Expedited Discovery 915
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.14
Excerpt: ...ing and harasment. The Complaint alleges as follows. Starting on October 15, 2019, Plaintiff Abnash Channa (“Channa”) began receiving messages from an unknown Defendant. (Compl. ¶¶ 14-16.) Because of the nature of the messages, Channa notified local police, which the unknown Defendant discovered. (Compl. ¶¶ 18-24.) After which, the unknown Defendant threatened Channa. (Compl. ¶ 24.) Starting on December 23, 2019, the unknown Defendant me...
2021.10.07 Motion to Compel Deposition 960
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.07
Excerpt: .... FACTUAL BACKGROUND Linda Whitcombe (“Plaintiff”) brings this legal malpractice suit against David Raphael Olan, Olan Law Corporation, (together referred to as “Olan”) John Ackerlan Brockmeier, and Brockmeier Law Group (together referred to as “Brockmeier”) (collectively, “Defendants”). Plaintiff retained the legal services of John Howard (“Howard”) to litigate her personal injury case. (Compl., ¶ 6.) Howard did not obtain a...
2021.10.06 Motion to Dismiss 494
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.06
Excerpt: ...ollows. In 2014, Plaintiff Yoshiko Saotome (“Plaintiff”) was in her 80s and owned real property in Beverly Hills, CA. (FAC, ¶¶ 1, 7.) Plaintiff entered into a business relationship with Defendants DHK Construction and Management, Inc. and its owner, Yoshifumi Hanzaki, for them to remodel her real property. (FAC, ¶ 8.) Plaintiff was in Japan from December 2014 to 2016. Between March and May 2015, Defendants obtained access to Plaintiff's ba...
2021.10.06 Motion to Compel Further Responses 736
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.06
Excerpt: ... as to request 99. The Court does not award sanctions. FACTUAL BACKGROUND Denise Bertone (“Plaintiff”) began her employment with the Los Angeles County Department of the Coroner-Medical Examiner as coroner investigator in or around 2002, where she investigated the deaths of infants and children. (Compl., ¶ 9.) Plaintiff alleges that One Legacy is a private non-profit organization that is the only organ and tissue harvesting in Southern Calif...
2021.10.06 Motion for New Trial 416
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.06
Excerpt: ...on a temporary basis on or about March 31, 2014, as Building Coordinator. (Compl., ¶ 12.) When Batterson was transferred to work in HR at Dolby (named as defendant TheatreDreams LA/CHI, LP, hereafter “TheatreDreams”), he discovered and documented various Labor Code violations. (Id. ¶¶ 14-15, 17.) Batterson was terminated, allegedly unlawfully, on October 6, 2017. (Id. ¶ 22.) This suit followed. PROCEDURAL HISTORY Joshua Batterson commence...
2021.10.06 Motion for Attorney Fees 099
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.06
Excerpt: ...13,075.75. 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 b...
2021.10.05 Motion to Strike 741
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.05
Excerpt: ... The Complaint alleges as follows. Plaintiff Danielle Benchimol (“Benchimol”) is a resident and tenant at the real property located at 414 N. Orange Dr., Los Angeles, CA (“Property”). (Compl., ¶ 1.) Defendant Amy Cotteleer (“Cotteleer”) owns the Property, and Defendant Los Angeles Property Management manages the day to day activities and conditions of the Property. (Compl., ¶¶ 4-5.) Benchimol and third parties, including the Los An...
2021.10.05 Motion to Approve Settlement of Claims 374
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.10.05
Excerpt: ...cual's Motion for An Order Approving Settlement of Claims Brought Pursuant to The Private Attorney General's Act of 2004 is GRANTED. FACTUAL BACKGROUND This is a PAGA action. Plaintiff Samuel Pascual alleges he worked as a painter for Defendant Color Concepts, Inc. (“Color Concepts”) from approximately June 2019 to March 2020. Plaintiff alleges Defendant Color Concepts violated various provisions of the Labor Code by failing to pay minimum wa...
2021.09.22 Motion for Leave to Amend Complaint 130
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.22
Excerpt: ...ed to file a declaration with the information required by California Rules of Court, Rule 3.1324,¿subd. (b), by October 12, 2021. ADPC may file a supplemental brief addressing Plaintiff's supplemental declaration. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff 608 Matteo, LLC (“Plaintiff”), as lessor, and Defendants Arts District Patient Collective, Inc. (“ADPC”) and James Shaw (�...
2021.09.22 Motion for Discovery of Police Officer Records 429
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.22
Excerpt: ...and discrimination. The Complaint alleges in pertinent part as follows. Plaintiffs Jason Adams (“Adams”) AA Doe (“AA”), AR Doe (“AR”) and James Gallegos (“Gallegos”) were police officers and employed by the Baldwin Park Police Department (“BPPD”), which is a sub-entity of Defendant City of Baldwin Park (“Defendant”). (Compl., ¶ 1.) Defendant eliminated various police chiefs who did not follow its plan to discriminate agai...
2021.09.21 Motion for Terminating Sanctions 896
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.21
Excerpt: ...ion for Terminating Sanctions is GRANTED. The Court strikes Defendant Johnson's Answer to the Complaint. The Court declines to impose monetary sanctions, issue or evidentiary sanctions or any other sanctions or fees. FACTUAL BACKGROUND This is landlord-tenant habitability action. The Complaint alleges as follows. Plaintiffs Jacquiline Iovino (“Iovino”), Juanito Rivera (“Rivera”), Jose Hernandez (“Hernandez”) and Gregorio Dominguez (�...
2021.09.21 Motion for Judgment on the Pleadings 014
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.21
Excerpt: ...ntiff's Complaint is DENIED. FACTUAL BACKGROUND This is an action for Defamation, Public Disclosure of Private Facts, Cyberbullying in Violation of Penal Code §653.2, and Intentional Infliction of Emotional Distress. The complaint (“Complaint”) alleges that plaintiff Justin C. Jones (“Plaintiff” and/or “Jones”) and defendant Angela Renee White, aka Blac Chyna (“Defendant” and/or “Chyna”), took several pictures together in whi...
2021.09.15 Motion to Substitute for a Party 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.15
Excerpt: ...liation. 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 supervisors following confrontations with physical violations when conducting investigations, which Defendant Beverly Hills Unified School District ...
2021.09.15 Motion for Summary Judgment 183
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.15
Excerpt: ...ication of the Complaint is DENIED as to both causes of action; the Motion for Summary Judgment/Adjudication of the First Amended Cross-Complaint is DENIED as to all five causes of action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. On September 8, 2017 Defendant Starquest Media, LLC (“Starquest”) entered into a Credit Agreement with Plaintiff JP Morgan Chase Bank, N.A. (“Chase”) for $90,...
2021.09.15 Demurrer, Motion to Strike 231
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.15
Excerpt: ...IED. FACTUAL BACKGROUND This is a discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Cleo Alvarez (“Alvarez”) was employed by Defendants Wireles Era LLC (“Wireles”) and Rodrigo Morales (“Morales”) beginning in November 2016 as a Sales Representative. (Compl. ¶¶ 11- 12.) Alvarez alleges that during her employment, she regularly worked overtime without additional pay and worked continuously without rest a...
2021.09.10 Petition to Confirm Arbitration Award, Petition to Vacate or Alter Arbitration Award 685
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.10
Excerpt: ...rm Arbitration Award is GRANTED. Plaintiff Yolanda Moreno Gonzalez's Petition to Vacate or Alter Arbitration Award is DENIED. PROCEDURAL HISTORY On October 7, 2016, Plaintiff Yolanda Moreno Gonzalez (“Gonzalez”) filed the Complaint, alleging 14 causes of action: 1. FEHA discrimination 2. FEHA retaliation 3. FEHA failure to prevent discrimination and retaliation 4. Retaliation (Gov. Code § 12945.2) 5. FEHA failure to provide reasonable accomm...
2021.09.09 Demurrer 643
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.09
Excerpt: ...ENDANT RON SAHAR AZARKMAN'S DEMURRER TO THE FAC The Court rules on Defendant Ron Sahar Azarkman's Demurrer to the FAC, brought as to the First, Second, Third, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth causes of action, as follows:  the Demurrer to the Third, Sixth, Seventh, Ninth, Tenth, and Eleventh Causes of Action is SUSTAINED with leave to amend based on the statute of limitations;  Plaintiff Jerry Azarkman...
2021.09.07 Motion to Strike 324
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.07
Excerpt: ...era's Motion to Strike Defendant Han Kang Transportation, Inc.'s Answer to the Complaint is DENIED. FACTUAL BACKGROUND This is an employment discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Donaldo Cabrera (“Cabrera”) was hired by Defendants Han Kang Transportation, Inc. d/b/a Han Kang Transportation Co. (“Han Kang”) and Los Angeles Truck Centers, LLC (“LATC”) in January 2004 to deliver furniture. (Comp...
2021.09.07 Motion to Expunge Lis Pendens 074
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.07
Excerpt: ...O EXPUNGE LIS PENDENS Defendants Lora Silvio and Michael Silvio, Successor Trustees of the Leroy Silvio Family Trust Dated January 23, 2002's Motion to Expunge Lis Pendens is DENIED. FACTUAL ALLEGATIONS This is an action for breach of contract and specific performance. The Complaint alleges as follows. Plaintiff Angeli Investments, LLC (“Angeli”) and Defendants Lora Silvio and Michael Silvio, successor trustees of the Leroy Silvio Family Trus...
2021.09.07 Motion for Trial Preference 115
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.07
Excerpt: ... her sacral area and a severe stage III pressure area on her coccyx area. (Compl. ¶ 35.) Ballenger was admitted to Jess Ranch on March 17, 2019 and Jess Ranch failed to provide Ballenger with the medical and custodial care that she required, including leaving her in her urine and feces for long periods of time, failing to provide adequate personal hygiene and turning/repositioning her to avoid pressure, and failing to provide adequate nutrition ...
2021.09.02 Demurrer 016
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2021.09.02
Excerpt: ...ed Complaint is SUSTAINED without leave to amend as to the Fourth Cause of Action. Defendant Diana Gayton's Demurrer to the Third Amended Complaint is SUSTAINED without leave to amend as to the First and Fourth Causes of Action, and OVERRULED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Dennis Luna (“Luna”) was de...

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