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2020.01.06 Demurrer 480
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.01.06
Excerpt: ...end as to the First Cause of Action; OVERRULED with regards to Defendant Farzana Sheikh as to the Second Cause of Action; SUSTAINED with leave to amend with regards to Defendants Aziz, Mala, and Danial Sheikh as to the Second Cause of Action; and SUSTAINED with leave to amend as to the Third Cause of Action. FACTUAL BACKGROUND This is an action for embezzlement. The Complaint alleges as follows. Plaintiffs Iraj V. Kashani and Irang, Inc. dba West...
2020.01.03 Motion for Issue, Evidentiary, Terminating and Monetary Sanctions 060
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.01.03
Excerpt: ...ES AND COMPELLING ATTENDANCE AND PRODUCTION OF DOCUMENTS AT DEPOSITION Plaintiff Jordan Simons' Motion for Issue, Evidentiary, Terminating and Monetary Sanctions is GRANTED as to monetary sanctions. Defendant Saffron is ordered to attend his deposition within 20 days of this order and produce the requested documents without objection, answer Plaintiff's first set of form interrogatories without objection, respond to Plaintiff's first set of docum...
2020.01.03 Petition to Compel Arbitration 989
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.01.03
Excerpt: ...ract and violation of the Commercial Code. The Complaint alleges as follows. Plaintiff Debra Elaine Pole (“Pole”) on May 29, 2019, delivered to a branch of Defendant MUFG Union Bank, N.A. (“Union Bank”) a written Funds Transfer Order instructing Union Bank to cause Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) to pay the sum of $1.3 million to Northtowne Self Storage LLC and to reimburse itself for the payment by debiting Pole's ac...
2020.01.02 Motion for Judgment on the Pleadings 293
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.01.02
Excerpt: ... The Hoffmans may present an offer of proof at the hearing on this Motion as to how they may amend the Complaint, otherwise the Motion shall be granted without leave to amend. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Matthew Hoffman and Julia Hoffman (“the Hoffmans” and “Plaintiffs”) purchased the subject property on March 28, 2007 for $1,159,000. (Compl. ¶ 6.) The Hoffma...
2020.01.02 Motion for Attorneys' Fees 774
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2020.01.02
Excerpt: ... Annette C. Barajas (“Barajas”) and Defendant Angel Marie Triola (“Triola”) each own one-half interests in certain real property in Torrance. (Compl. ¶¶ 1, 14.) Barajas repeatedly asked Triola to sell the real property but he refused. (Compl. ¶ 1.) PROCEDURAL HERTORY Barajas filed the Complaint on June 6, 2016 alleging two causes of action: 1. Partition (Real and Property) 2. Declaratory Relief On May 10, 2017 Barajas and Triola entere...
2019.9.30 Motion to Quash Service of Summons 003
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.30
Excerpt: ... is a wrongful termination case. The Complaint alleges as follows. Plaintiff Lianna Rebolledo (“Rebolledo”) worked as a coordinator for Defendant Hombre Nuevo from March 2014 until her termination in February 2017. (Compl. ¶ 6.) Rebolledo was terminated while on medical leave via a letter sent by U.S. Mail. (Compl. ¶ 6.) Plaintiff was also accused of stealing and misappropriating items and trade secrets of Hombre Nuevo. (Compl. ¶ 16.) Plai...
2019.9.30 Motion to Compel Arbitration 500
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.30
Excerpt: ... PAGA Penalties – is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Karla (aka “Karly”) Odell was hired by Defendant The Salvation Army in February 2016. (Compl. ¶ 12.) On May 30, 2017, a Salvation Army beneficiary died in an incident by suicide. (Compl. ¶ 19.) Odell reported her supervisor's failure to follow protocol to Human R...
2019.9.27 Motion to Strike or Tax Costs 308
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.27
Excerpt: ...Costs is GRANTED. FACTUAL BACKGROUND This is a wrongful termination case. The Complaint alleges as follows. Plaintiff James Peters (“Peters”) worked as a paralegal for Defendants until November 2, 2017 when Defendants fired Peters. (Compl. ¶ 1.) Defendants did not pay Peters wages and overtime wages that he was owed, as well as costs that Peters had advanced. (Compl. ¶¶ 7-8, 12-13, 17, 20.) PROCEDURAL HISTORY Plaintiff filed a Complaint on...
2019.9.26 Motion to Quash Service of Summons 839
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.26
Excerpt: ... Sun (“Sun”) alleges that he won a judgment for damages against Defendant Ju Tsun Chang (“Ju Tsun”)[1] on October 20, 2014. (Complaint ¶ 4.) Ju Tsun's sole asset was an item of property in the City of Industry. (Complaint ¶ 3, 7.) The same day the judgment was entered, Ju Tsun executed a grant deed conveying his interest in the property to his sister, Defendant Lin Min Chang (“Lin Min”). (Complaint ¶ 8.) Sun alleges that the purpos...
2019.9.26 Motion to Quash Service of Summons 503
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.26
Excerpt: ...is a wrongful termination case. The Complaint alleges as follows. Plaintiff Lianna Rebolledo (“Rebolledo”) worked as a coordinator for Defendant Hombre Nuevo from March 2014 until her termination in February 2017. (Compl. ¶ 6.) Rebolledo was terminated while on medical leave via a letter sent by U.S. Mail. (Compl. ¶ 6.) Plaintiff was also accused of stealing and misappropriating items and trade secrets of Hombre Nuevo. (Compl. ¶ 16.) Plain...
2019.9.26 Application for Writ of Possession 163
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.26
Excerpt: ...cated at 4944 Lindley Avenue, Encino (“Residence”). The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Modiano commenced this proceeding on May 1, 2019, alleging causes of action for (1) trespass to chattels, (2) conversion, and (3) breach of implied contract. The Complaint alleges in pertinent part as follows. Modiano is in ...
2019.9.25 Demurrer 108
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.25
Excerpt: ...d OVERRULED as to all remaining causes of action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Roger Sayegh (“Sayegh”) and Defendant Leonid Kamenetsky (“Kamenetsky”) entered into an agreement on March 9, 2016 wherein both parties would engage in the bail bonds business under the name Union Bail Bonds Corporation (“Union”). (Compl. ¶ 8.) On January 13, 2017, Sayegh discovered...
2019.9.25 Motion to Strike, Special Motion to Strike 014
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.25
Excerpt: ... 425.16 Defendant Robert Kardashian's Special Motion to Strike is GRANTED as to the Second and Third Causes of Action (Public Disclosure of Private Facts and Cyberbullying); the Motion is GRANTED as to the 4th Cause of Action (Intentional Infliction of Emotional Distress) to the extent the Cause of Action is based on the social media statements; the Motion is DENIED as to the 4th Cause of Action to the extent the Cause of Action is based on the g...
2019.9.23 Motion to Compel Further Responses 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.23
Excerpt: ...TREET MEDIA, LLC <002c002800270003004400 56000300500052005200570011> FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a temporary construction wall around a construction site for an awning on Sunset's property, and to post a...
2019.9.19 Demurrer 559
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.19
Excerpt: ...tiffs' Complaint is OVERRULED. FACTUAL BACKGROUND This is a wage and hour case. The Complaint alleges as follows. Plaintiffs Reymundo Santiago Salinas (“Reymundo”) and Erminio Salinas Hernandez (“Erminio”) were employed as cooks at Defendant's Chinese food restaurant. (Compl. ¶ 10.) Reymundo's employment started at an unknown date in 2011 through the present, and he is paid $10 per hour; Erminio's employment started at an unknown date in...
2019.9.19 Motion for Summary Adjudication 549
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.19
Excerpt: ... damages. FACTS This is an action for breach of warranty. The Complaint alleges as follows. Plaintiffs Jason and April Brenenstahl (“Plaintiffs”) purchased a new 2012 Dodge Durango vehicle in September 2013 with a warranty issued by Defendant FCA US LLC (“FCA”). (Complaint ¶¶ 5, 9, 12.) FCA concealed a known defect in the vehicle in its totally integrated power module (“TIPM”). (Complaint ¶ 5.) The subject vehicle had a defective T...
2019.9.19 Motion to Strike 317
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.19
Excerpt: ...s of the First Amended Cross-Complaint is GRANTED as to the prayer for attorneys' fees against Akopian, without leave to amend. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a temporary construction wall around a construc...
2019.9.18 Demurrer 598
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.18
Excerpt: ... is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. On March 3, 2017 Plaintiffs sub-leased a used 2015 Tesla Model S with an existing 8,800 miles pursuant to a Motor Vehicle Lease Assumption Agreement. (FAC ¶¶ 7.) The lease came with various written warranties and other express and implied warranties including warranties from Tesla, Inc. (“Tesla”) and the seller. (FAC ¶ 9.) The vehicle had been originally leas...
2019.9.18 Motion to Strike 792
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.18
Excerpt: ...ction for employment discrimination and harassment. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Keyvan Shahrouz (“Plaintiff”) worked for Defendant City of Los Angeles (“City”) for 27 years. (SAC ¶ 6.) Plaintiff is a an Iranian male over the age of 40 of the Orthodox Jewish religion. (SAC ¶ 7.) Plaintiff was passed over for promotion between 2012 and 2018 in favor of less-qualified applicants. (SAC ¶¶ 9b-9c.)...
2019.9.17 Demurrer, Motion to Strike 148
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.17
Excerpt: ...tments, LLC; One Up Investments, Inc.; Rajinder Singh Walia; Rasneek Singh Walia; Moses Soto; and Hilda Pineda's Demurrer to the Complaint is SUSTAINED with leave to amend as to the Second Cause of Action's allegations against Soto and Pena, and OVERRULED as to all other causes of action and parties. Defendants Sikand Investments, LLC; One Up Investments, Inc.; Rajinder Singh Walia; Rasneek Singh Walia; Moses Soto; and Hilda Pineda's Motion to St...
2019.9.16 Motion to Dismiss PAGA Claims 434
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.16
Excerpt: ...action and is GRANTED. Plaintiff to file an amended complaint within 20 days of this order. FACTUAL BACKGROUND This is an action for wage-and-hour violations. The Complaint alleges as follows. Plaintiff Guadalupe Casas (“Casas”) worked for Defendants as a cashier, stocker, and laborer. (Complaint ¶ 18.) Casas was not paid statutory minimum wage, was not provided meal or rest breaks, and was not provided pay stubs. (Complaint ¶¶ 18–25.) P...
2019.9.16 Demurrer, Motion to Strike 225
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.16
Excerpt: ...cond, Fourth and Fifth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike Portions of the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. In August 2012, Plaintiffs Edward Rodriguez and Kristy Rodriguez (“Plaintiffs”) purchased a new 2013 Kia Optima with an express warranty. (Compl. ¶ 11.) During the warranty period, the vehicle developed various serious defects and non...
2019.9.13 Motion to Quash Deposition Subpoenas 411
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.13
Excerpt: ...ATIVE] RULING RE: PLAINTIFFS' MOTIONS TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS SERVED UPON MICHAEL STARLER, ESQ. AND LAWRENCE RACHMEL, CPA Plaintiff's Motions to Quash are DENIED. Lawrence Rachmel and Michael H. Starler, Esq. must produce all documents as to which there is no claim of privilege and must produce a privilege log to Defendants Duggan, Proland Management Company, LLC, InAmerica Holdings, and Gregg Management, ...
2019.9.13 Motion for Reconsideration of Terminating Sanctions 808
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.13
Excerpt: ...ons of $3700 against Markman is vacated. FACTUAL BACKGROUND This case stems from an involuntary commitment of plaintiff pursuant to a “5150” hold. The First Amended Complaint (“FAC”) alleges that plaintiff Robert S. Markman (“Markman”) was detained by Officer Jeremy Tolen (“Tolen”) of the California Highway Patrol on May 29, 2014, and delivered to the College Hospital of Cerritos, a facility operated by defendant College Hospital ...
2019.9.11 Demurrer, Motion to Strike 072
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.11
Excerpt: ...t Amended Complaint is SUSTAINED without leave to amend. Defendant California Condominium Association, Inc.'s Motion to Strike to <0003002400360003003000 32003200370011[ FACTUAL BACKGROUND This is an action for wrongful foreclosure and fraud. The Second Amended Complaint (“FAC”) alleges as follows. Plaintiff Ardine Vivian (“Vivian”) was the owner of a condominium, which she had owned and resided at since 2007. (SAC ¶ 6.) At some time in ...
2019.9.11 Demurrer, Motion to Strike 972
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.11
Excerpt: ...t Amended Complaint is SUSTAINED without leave to amend. Defendant California Condominium Association, Inc.'s Motion to Strike to <0003002400360003003000 32003200370011[ FACTUAL BACKGROUND This is an action for wrongful foreclosure and fraud. The Second Amended Complaint (“FAC”) alleges as follows. Plaintiff Ardine Vivian (“Vivian”) was the owner of a condominium, which she had owned and resided at since 2007. (SAC ¶ 6.) At some time in ...
2019.9.11 Motion to Compel Further Responses 933
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.11
Excerpt: ...s Motion to Compel Further Responses from Defendant Revolution Studio to First Set of Requests for Production of Documents is GRANTED as to Requests Nos. 17-18 and DENIED with respect to Request No. 37with the exception that REVOLUTION must provide a proper privilege log for all documents withheld. FACTUAL BACKGROUND This is an action for breach of contract. The Third Amended Complaint alleges as follows. Zakk and Diesel work together in the film...
2019.9.11 Motion for Prefiling Order for Vexatious Litigant, to Require Security 547
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.11
Excerpt: ...action for defamation and fraud. The Complaint alleges that Defendants Law Office of Morse Mehrban, A.P.C., Mehrban Law Corporation, A.P.C., Julie A. Mehrban, and Morse Mehrban (“Defendants”) engage in a practice of filing fraudulent disability lawsuits, including against Plaintiff James Shin (“Shin”), in which they make false accusations against business owners in order to secure lucrative settlements. (Complaint ¶¶ 15–18, 23, 26-27....
2019.9.10 Demurrer, Motion to Strike 121
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.10
Excerpt: ...aint is OVERRULED as to all causes of action; Defendant Curtis' Motion to Strike is DENIED. FACTUAL BACKGROUND This action involves the sale of real property. Plaintiff Gary O'Connor (“O'Connor”) alleges that he is the trustee of a trust that is the owner of a 90.05 percent share in two parcels of real property in Los Angeles, the “Compton Property” and the “East 1st Property.” (First Amended Complaint (“FAC”) ¶ 1.) The Complaint...
2019.9.9 Motion to Quash or Modify Deposition Subpoena 623
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.9
Excerpt: ...s is an action for employment discrimination and wage-and-hour violations. The Complaint alleges as follows. Plaintiff Maria Del Carmen Torres (“Torres”) worked for Defendants Latigo, <0027005200480003000b00 00550003002700480049[endants”) from January 7, 2013, as a seamstress. (Complaint ¶ 20.) Torres began developing pain in her foot because of the operation of her sewing machine pedal. (Complaint ¶ 22.) She attempted to switch feet, but...
2019.9.9 Demurrer 772
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.9
Excerpt: ...out leave to amend. FACTUAL BACKGROUND This is an action for partition and declaratory relief. The Complaint alleges as follows. Plaintiffs Jose A. Aceves Aguilar and Socorro F. Aceves (“Plaintiffs”) own a one-half interest in real property on 24th Street in Los Angeles. (Complaint ¶¶ 12, 18.) In 2006, Defendant Martha Corrales (“Corrales”), the other one-half owner of the property obtained a line of credit from Defendant Bank of Americ...
2019.9.6 Petition to Compel Mediation if not Settled by Arbitration 035
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.6
Excerpt: ...TTLED BY ARBITRATION. Defendants Lim & Yang, Inc. and Hyuen Yeung Yang Lim's Petition to Compel Mediation, and if not Settled Arbitration is DENIED as to mediation, and GRANTED as to arbitration. FACTUAL BACKGROUND This is a petition to compel mediation and/or arbitration pursuant to an action for contract fraud. The Petition alleges that Defendants Lim & Yang, Inc. and Hyuen Yeung Yang Lim (“Defendants”) entered into a Business Purchase Agre...
2019.9.3 Demurrer, Motion to Strike 702
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.3
Excerpt: ...individual; IRENA KAJIYA NAGEL, an individual; TONY WONG, an individual; and Does 1-20; Defendants. Case No.: 19STCV09702 Hearing Date: September 3, 2019 [TENTATIVE]RULING RE: DEFENDANT ALTERA TRADING COMPANY, LLC'S DEMURRER AND MOTION TO STRIKE PORTIONS OF THE COMPLAINT Defendant Altera Trading Company, LLC's Demurrer to the Complaint is OVERRULED as to the First, Second, Third, Fifth, and Sixth Causes of Action and SUSTAINED WITH LEAVE TO AMEND...
2019.9.3 Motion to Compel Arbitration 316
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.3
Excerpt: ...tion between Petitioner Stephen Warne (“Warne”) and his insurer Respondent York Risk Services (“York”) after a collision with an under-insured driver. (Motion at p. 3.) PROCEDURAL HISTORY Warne filed the Petition on June 10, 2019. Warne filed the present Motion to Compel Arbitration, naming York and Steadfast Insurance Company, on June 21, 2019. Respondents filed an Opposition on July 19, 2019. Warne filed a Reply on July 23, 2019. This C...
2019.9.3 Motion to Compel Deposition, Request for Monetary Sanctions 507
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.9.3
Excerpt: ... General Motor LLC's Motion to Compel Deposition and Production of Documents is GRANTED. The Court awards monetary sanctions against Plaintiff and her counsel in the amount of $2,691.75. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Christina Muniz (“Muniz”) purchased a new 2017 Chevrolet Malibu in July 2017, with an express written warranty. (Complaint ¶¶ 5–8.) During the warranty period, the ...
2019.8.30 Motion to Disclose Internal Investigation File, for Protective Order, to Compel Further Responses 736
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.30
Excerpt: ...URSUANT TO EVIDENCE CODE SECTIONS 1043, 1045 (PITCHESS MOTION) DEFENDANT COUNTY OF LOS ANGELES' MOTION FOR A PROTECTIVE ORDER, AND A REQUEST FOR MONETARY SANCTIONS PLAINTIFF DENISE BERTONE'S MOTION TO COMPEL FURTHER RESPONSE AND PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS Defendant County of Los Angeles' Motion for an Order to Disclose Internal Investigations File Where Plaintiff is the Subject of Investigation, Subject to a Protec...
2019.8.29 Demurrer, Motion to Strike 702
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.29
Excerpt: ...vidual; IRENE KAJIYA NAGEL, an individual; TONY WONG, an individual; and Does 1-20; Defendants. Case No.: 19STCV09702 Hearin g Date: Au gust 29, 2019 [TENTATIVE]RULING RE: DEFENDANTS ROBERT DERRICK NAGEL AND IRENE KAJIYA NAGEL'S DEMURRER AND MOTION TO STRIKE PORTIONS OF THE COMPLAINT Defendants Robert Derrick Nagel and Irene Kajiya Nagel's Demurrer to the Complaint is OVERRULED. Defendants Robert Derrick Nagel and Irene Kajiya Nagel's Motion to S...
2019.8.28 Motion to Set Aside Default Judgment 250
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.28
Excerpt: ...et Aside Default Judgment is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract. The complaint alleges that Defendant Melrose Textiles, Inc. ordered merchandise from Zheijiang Zuomen Textile Co., Ltd. (“ZZT”) for a price of $191,121.00, ZZT and delivered the merchandise, but Defendant Melrose Textiles has refused to remit payment for the order despite ZZT's demand for payment. (Complaint at p. 4.) The complaint alleges the f...
2019.8.27 Motion to Compel Arbitration 219
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.27
Excerpt: ...for employment discrimination. The Complaint alleges that Plaintiff Cecilia Lopez (“Lopez”), while working for Defendant Endoscopy Center of Santa Monica, LLC (“ECSM”), suffered injuries in a car accident that resulted in severe pain. (Complaint ¶¶ 14–15.) Lopez received a termination notice in November 2017 while on an approved medical leave of absence. (Complaint ¶¶ 30–31.) PROCEDURAL HISTORY Lopez filed the Complaint on January...
2019.8.27 Motion for Sanctions, Demurrer, Motion to Strike 411
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.27
Excerpt: ...C. HARTMAN AND DOUGLAS WORKMAN'S DEMURRER TO THE FIRST AMENDED COMPLAINT DEFENDANTS DEBRA L. DUGGAN, PROLAND MANAGEMENT, LLC, INAMERICA HOLDINGS, AND GREGG MANAGMEENT COMPANY'S DEMURRER TO THE FIRST AMENDED COMPLAINT DEFENDANTS DEBRA L. DUGGAN, PROLAND MANAGEMENT, LLC, INAMERICA HOLDINGS, AND GREGG MANAGMENT COMPANY'S MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT Defendants Debra L. Duggan, Proland Management Company, LLC, Centralia GP...
2019.8.23 Motion to Compel Arbitration 931
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.23
Excerpt: ...roup, LLC, Roundtree N Van Nuys, LLC dba Infiniti of <0047000f00030044005100 00520003003600440051[chez's Motion to Compel Arbitration is GRANTED. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Ara Kharazyan (“Kharazyan”) worked as a salesman for Defendants Roundtree Automotive Group, LLC and Roundtree N Van Nuys, LLC dba Infiniti of Van Nuys (“Roundtree”). (Complaint ¶¶ 4,...
2019.8.23 Motion for Attorney's Fees 774
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.23
Excerpt: ...TIONS This is an action for partition. The Complaint alleges as follows. Plaintif Annette C. Barajas (“Barajas”) and Defendant Angel Marie Triola (“Triola”) each own one-half interests in certain real property in Torrance. (Complaint ¶ 11.) Barajas also seeks partition of personal property, including certain motor vehicles, in the possession of both. (Complaint ¶ 14.) PROCEDURAL HISTORY Barajas filed the Complaint on June 6, 2016, alleg...
2019.8.22 Motion for Leave to File Amended Answer 416
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.22
Excerpt: ...ion. The Complaint alleges that Plaintiff Thomas K. Carter (“Carter”) purchased a 2010 BMW 750 vehicle with an express written warranty. (Complaint ¶¶ 6–7.) During the warranty period, the vehicle developed several defects. (Complaint ¶ 8.) Defendant BMW of North America (“BMW”) has fialed to repair the vehicle to conform it with its warranty. (Complaint ¶ 9.) PROCEDURAL HISTORY Carter filed the Complaint on August 15, 2017, allegin...
2019.8.22 Motion to Compel Further Responses 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.22
Excerpt: ...NT SUNSET HILLS CAR WASH, INC. Defendant and Cross-Complainant General Barricade, LLC's Motion to Compel Further Responses to Inspection Demands, Set One, from Plaintiff and Cross-Defendant Sunset Hills Car Wash, Inc. is GRANTED in part in that Sunset must provide a privilege log for its responses to <0028002700030044005600 00520057004b00480055[ demands. No sanctions are awarded. FACTUAL BACKGROUND This is an action for breach of contract. The Co...
2019.8.21 Motion to Strike Complaint 099
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.21
Excerpt: ... fees and costs the amount of which is to be established by noticed motion. 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.) PROCEDURAL HISTORY Hudson filed the Complaint on May 1, 2019, alleging seven cau...
2019.8.20 Motion for Sanctions 637
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.20
Excerpt: ...he Complaint alleges as follows. Plaintiff Lexus Rogers (“Rogers”) was meeting friends at Cabo Cantina, the dba of Defendant CC Venice LLC (“CC”), in December 2017. (Complaint ¶ 7.) Rogers went to use one of three single-occupancy restrooms, as she was taking antibiotics after dental surgery which had the side-effect of causing diarrhea. (Complaint ¶ 9.) After five to eight minutes in the restroom, a male security guard began banging on...
2019.8.20 Motions in Limine 681
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.20
Excerpt: ...oyee of Defendant Wheel Pros, LLC (“Wheel”) from 2002 to 2017. (FAC ¶ 6.) Mendez began to suffer from chronic back pain caused by repeated lifting of heavy aluminum billets for work. (FAC ¶ 7.) Mendez compensated for this injury by from time to time laying on the factory floor. (FAC ¶ 7.) Mendez informed his supervisor of his pain and the reason why he laid on the factory floor. (FAC ¶ 7.) Defendant Florin Felecan (“Felecan”) was Mend...
2019.8.20 Motion to Compel Further Responses 257
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.20
Excerpt: ...rogatories, Set One, from Defendant Seville Circle, Inc. is GRANTED. Sanctions are awarded against Seville and its counsel in the amount of $885. FACTUAL BACKGROUND This is an action for elder abuse and wrongful death. The Complaint alleges as follows. In May 2018, Plaintiff Ruth Hernandez (“Hernandez”) became a resident at Defendant Seville Circle, Inc.'s (“Seville”) facility. (Complaint ¶ 13.) Hernandez required assistance with her dai...
2019.8.19 Motion to Dismiss or Stay Action, to Strike, for OSC Re Perjury 564
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.19
Excerpt: ...FF 360 JETS, INC.'S MOTION FOR AN OSC RE: PERJURY Defendants Troy Robson, Global Flight 360, Inc., and Lucky Cat, LLC's Motion to Dismiss or Stay Action is DENIED. Plaintiff 360 Jets, Inc.'s Motion to Strike the Answers of Defendants Global Flight 360, Inc. and Lucky Cat, LLC is GRANTED. Plaintiff 360 Jets, Inc.'s Motion for an OSC re: Perjury is DENIED. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff 3...
2019.8.19 Motion for Attorneys' Fees 432
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.19
Excerpt: ... amount of $15,294. FACTUAL BACKGROUND This is an action for breach of fiduciary duty and invasion of privacy. Plaintiffs Nathan Johnson, Shari Edwards, and Edwards-Johnson LLC[1] allege that they are homeowners within a gated community in Los Angeles. (First Amended Complaint (“FAC”) ¶ 14.) They allege that Defendants Crest/Promontory Common Area Association (“Crest”) and Stoneyhill Security Association (“Stoneyhill”) operate as the...
2019.8.16 Motion to Compel Arbitration 237
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.16
Excerpt: ...iscrimination. The Complaint alleges as follows. Plaintiff Ricardo Morales (“Morales”) worked for Defendant Gruma Corporation (“Gruma”) as a machine operator. (Complaint ¶ 10.) Morales was disabled after a work-accident nearly severed his index finger. (Complaint ¶¶ 11, 14.) Morales went on medical leave, and returned in February 2018 with medical restrictions. (Complaint ¶ 15.) Morales was terminated in March 2018, after being told d...
2019.8.15 Motion to Strike Complaint 494
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.15
Excerpt: ...EFENDANTS NEVIN SANLI, THOMAS PASTORE, ASTRUM FUND I GP, LP, AND SANLI PASTO RE & HILL. Defendants Astrum Fund I LP, Nevin Sanli, Thomas Pastore, Sanli, Pastore & Hill, Astrum Fund I GP, LP, and Astrum Investment Management aka Astrum I.M., LLC's Motion to Strike the First Amended Complaint and Dismiss Defendants Nevin Sanli, Thomas Pastore, Astrum Fund I GP, LP, and Sanli Pastore & Hill, is DENIED.. FACTUAL BACKGROUND This is an action for breac...
2019.8.15 Motion for Discovery of Peace Officer Records 736
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.15
Excerpt: ... Denise Bertone's Motion for Discovery of Peace Officer Personnel and Other Records of Los Angeles County Coroner's Department Lieutenant Brian Kim and Plaintiff Denise Bertone is GRANTED, with the restriction that Requests 1(f) and 1(g) are limited to materials involving Kim's conduct within five years of March 17, 2017. FACTUAL BACKGROUND This is a consolidated action for whistleblower retaliation. The 2017 and 2018 Complaints allege as follows...
2019.8.14 Demurrer 027
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.14
Excerpt: ...ges as follows. Plaintiffs Jane Does 1 and 2 (“Plaintiffs”) worked as locker room attendants and lifeguards for Defendant City of Burbank (“Burbank”). (Complaint ¶¶ 11–13.) The lifeguard changing room or office was left opened such that the door was opened many times, and people saw Plaintiffs in various stages of undress. (Complaint ¶ 14.) In June 2016 it was discovered that Defendant Arturo Ponce Montano (“Montano”) had secretl...
2019.8.12 Motion to Enforce Settlement 308
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.12
Excerpt: ...sed a new 2015 Mercedes-Benz C300W in April 2015, with an express written warranty. (Complaint ¶ 9.) The vehicle contained various defects. (Complaint ¶ 10.) PROCEDURAL HISTORY Leal filed the Complaint on January 5, 2018, alleging four causes of action: 1. Violation of Song-Beverly Act — Breach of Express Warranty 2. Violation of Song-Beverly Act — Breach of Implied Warranty 3. Violation of the Song-Beverly Act Section 1793.2 4. Negligent R...
2019.8.9 Motion to Compel Further Responses 576
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.9
Excerpt: ... Request for Production, Set Two, from Defendant Toyota Motor Sales USA, Inc. is GRANTED in part. The definition of YOU and YOUR in the Requests is limited to sources of documents within Toyota's possession or control. Under this restriction the Motion is GRANTED as to Requests No. 21 and 22, with Request No. 21 being limited to manuals from 2014 to the present. The Motion is DENIED as to <005a004400550047004800 470011[ FACTUAL BACKGROUND This is...
2019.8.8 Demurrer, Motion to Strike 167
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.8
Excerpt: ..., LLC's Motion to Strike Portions of the Complaint is DENIED. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiffs Mateo Nazarit Vargas and Maria Isela Romero Melchor (“Plaintiffs”) in July 2016 purchased a new 2016 Chevrolet Colorado, with express warranties. (Complaint ¶ 9.) The vehicle was deliverd with various serious defects in the transmission, electrical, and interior. (Complaint ¶ 10.) Defendan...
2019.8.7 Motion to Compel Further Responses 884
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.7
Excerpt: ...nd, Set No. 6, from Plaintiff Peaches Nong Jensen is GRANTED as to Demands No. 108–166, and DENIED as to Demands No. 106, 107, and 167. Sanctions are awarded against Jensen and her counsel in the amount of $2,233. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges as follows. Plaintiff Peaches Nong Jensen (“Jensen”) owned Plaintiff Peachtree Financial Corporation (“Peachtree”), and Defendant Perry Leon...
2019.8.6 Demurrer, Motion to Strike 411
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.6
Excerpt: ...Demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to the Third Cause of Action for Negligent Misrepresentation, and SUSTAINED with leave to amend as to the Fifth Cause of Action for Fraud as alleged against Landco, and otherwise OVERRULED. Defendants Margreit Asanad and Landco Realty And Appraisal, Inc.'s Motion to Strike Portions of the First Amended Complaint is GRANTED with leave to amend as to the prayer for punit...
2019.8.1 Motion to Transfer Venue 984
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.1
Excerpt: ...UND This is an action for legal malpractice. The Complaint alleges that Plaintiff Bin Yang (“Yang”) hired Defendants Steven L. Simas and Simas & Associates (“Defendants”) to represent her in a writ proceeding appealing from the Medical Board of California's decision denying Yang's Post- Graduation Training Authorization, and that Defendants overbilled her and misled Yang about the strength of her case before withdrawing as counsel. (Compl...
2019.8.1 Demurrer 206
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.8.1
Excerpt: ... Farzaneh, Jillian Howden, Jeremy Tijerina, Veronica Mesias, Jan Ford and Thoe Chan's Demurrer to the Complaint is SUSTAINED without leave to amend as to the Third Cause of Action for Negligence Per Se, but OVERRULED as to the First, Second, and Fourth Causes of Action. FACTUAL ALLEGATIONS This is a negligence action. The Complaint alleges as follows. Plaintiff Margaret Jewett (“Jewett”) owns the right to occupy Unit 303 of Defendant Figueroa...
2019.7.31 Demurrer 473
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.31
Excerpt: ...ses of Action, and OVERRULED as to the Third, Fourth, and Fifth Causes of Action. FACTUAL BACKGROUND This is an action for wrongful termination and false imprisonment. The Complaint alleges that Plaintiff Gambino Bravo (“Bravo”) was terminated from his job after lodging complaints about health and safety issues at work. (Complaint ¶ 4.) Before his termination, his employer and supervisors spread false rumors about him stealing things, which ...
2019.7.25 Motion to Strike or Tax Costs 018
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.25
Excerpt: ... the amount of $11,394.93, leaving a total cost award to Alameda of $25.276.80. FACTUAL BACKGROUND This action involves certain property in a section of downtown Los Angeles commonly known as “Alameda Square.” The Causes of Action of Plaintiff' asserted by Los Angeles Wholesale Produce Market (“LAWPM”) are set forth in its First Amended Complaint filed April 14, 2017. On August 16, 2017 the Court granted LAWPM's motions for summary adjudi...
2019.7.25 Motion for Preliminary Injunction 890
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.25
Excerpt: ...LLC's Motion for Preliminary Injunction is DENIED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Avis Copelin, Placemark Properties LLC, Placemark Assets LLC, and Dauphin LLC (“Plaintiffs”) own properties in Arcadia, Palm Desert, Studio City, and Laguna Hills. (Complaint ¶ 2.) Defendants originated mortgage loans against these properties and initiated foreclosure proceedings again...
2019.7.24 Motion to Compel Further Responses 448
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.24
Excerpt: ...erica, Inc. is GRANTED. FACTUAL BACKGROUND This is a Lemon Law case. The Second Amended Complaint (“SAC”) alleges as follows. In September 2012, Plaintiff Eric Escorsia (“Escorsia”) purchased a 2012 Kia Optima with an express warranty. (SAC ¶¶ 6–7.) During the warranty period, the vehicle developed various engine defects. (SAC ¶ 8.) Defendant Kia Motors America, Inc. (“Kia”) knew before Escorsia purchased the vehicle that a certa...
2019.7.22 Demurrer, Motion to Strike 615
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.22
Excerpt: ... to the Cross- Complaint is OVERRULED. Plaintiffs and Cross-Defendants Marc Smith and Non Rochelle Smith's Motion to Strike Portions of the Cross-Complaint is GRANTED with leave to amend with respect to the prayer for attorney's fees associated with the Seventh and Eighth Causes of Action, and DENIED with respect to the prayer for fees associated with the Fifth and Sixth Causes of Action. FACTUAL BACKGROUND This is an action for negligence and fr...
2019.7.22 Motion for Summary Adjudication 710
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.22
Excerpt: ...BACKGROUND This is an action for breach of contract and negligence. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Innovative Structural Glass (“ISG”) entered into a contract with the Salem Glass Company (“Salem”) to supply the structural glass system for a construction project involving the Massachusetts Bay Transportation Authority's (“MBTA”) Government Center Station in Boston, Massachusetts. (FAC ¶ 5.) Barl...
2019.7.22 Motion to Enter Default 712
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.22
Excerpt: ...NIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Denise H. Sze (“Sze”) worked for Defendant Kabateck Brown Kellner, LLP (“KBK”), a law firm, as an attorney. (Complaint ¶¶ 5–7.) KBK did not pay her an agreed-upon portion of a settlement fee that she helped secure, and refused to pay her expenses at the time of her resignation. (Complaint ¶¶ 9–10.) PROCEDURAL HISTORY Sze ...
2019.7.19 Demurrer, Special Motion to Strike 955
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.19
Excerpt: ...ngeles's Demurrer is OVERRULED. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges that Defendant United Teachers Los Angeles (“UTLA”) filed several claims against Plaintiff Alliance for College- Ready Public Schools, Inc. (“Alliance”), alleging that Alliance had engaged in anti-union conduct in violation of the Educational Employment Relations Act (“EERA”). (Complaint ¶ 5.) One such charge, involvi...
2019.7.17 Motion for Summary Adjudication 683
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.17
Excerpt: ...ication is GRANTED as to Plaintiff Fred Hakopian's prayer for emotional distress damages, attorney's fees, and punitive damages. FACTUAL BACKGROUND This is an action for breach of an insurance contract. The Complaint alleges as follows. Plaintiff Fred Hakopian (“Hakopian”) purchased automobile insurance from Defendants Ameriprize Financial, Inc., Ameriprize Auto and Home Insurance, and IDS Property Casualty Insurance Company (“Defendants”...
2019.7.16 Motion for Leave to File Amended Complaint 508
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.16
Excerpt: ...an action for breach of corporate fiduciary duties. The Complaint alleges as follows. Plaintiff Vasken Imasdounian (“Vasken”) and Defendant Daniel Imasdounian (“Daniel”) each own 50% of Bolero Industries, Inc. (“Bolero”), and serve as directors of the company. (Complaint ¶¶ 7–8.) In early 2018, Daniel unilaterally ordered that monthly distributions to himself and Vasken cease, and that Daniel receive a salary as manager. (Complain...
2019.7.15 Demurrer 178
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.15
Excerpt: ...encer Vodnoy's Demurrer to the Bryon Russell's Cross-Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff Spencer Vodnoy (“Vodnoy”) was a lawyer with a criminal defense practice who was induced to enter into a cannabis cultivation partnership with Defendants Bryon Russell (“Russell”) and Carlos Dew (“Dew”), as well as Rodney Taylor. (Complaint ¶ 10.) To induce Vodnoy to c...
2019.7.12 Motion to Compel Arbitration, to Stay or Dismiss for Forum Non Conveniens 261
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.12
Excerpt: ... GRANTED, pending discussion with the parties concerning the applicability of Code Civ. Proc. § 1281.2, subd. (c) and Northrop Grumman Federal Credit Union's pending motion to compel arbitration. If the Motion to Compel Arbitration is ultimately denied, Defendant Match Group, LLC's Motion to Stay or Dismiss for Forum Non Conveniens shall be GRANTED, and Montano's proceedings against Match shall be stayed. FACTUAL BACKGROUND This is an action for...
2019.7.11 Demurrer 350
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.11
Excerpt: ...NDREW A. BROOKS, M.D., DAVID CHI, M.D., GLENN COHEN, M.D., AND MARK FARNUM, M.D.'S DEMURRER TO THE THIRD AMENDED COMPLAINT Defendants Specialty Surgery Center of Thousand Oaks, LLC, Symbion, Inc., Symbion Ambulatory Resource Centers, Inc., SymbionARC Management Services, Inc., SMBISS Thousand Oaks, LLC, George Goodwin, G. Miles Kennedy, Andrew A. Brooks, M.D., David Chi, M.D., Glenn Cohen, M.D., and Mark Farnum, M.D.'s Demurrer to the Third Amend...
2019.7.8 Motion to Compel Deposition, for Terminating Sanctions, to be Relieved as Counsel 644
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.8
Excerpt: ...IEVED AS COUNSEL FOR DEFENDANT MICHAEL BOOTH Plaintiff Bighorn Ventures, LLC's Motions to Compel Deposition and for Terminating Sanctions against Defendant Michael Booth will be DENIED if Booth makes the timely agreed settlement payment. The motion for terminating sanctions will otherwise be GRANTED against Michael Booth, and sanctions will be ordered against him in the amount of $7035. Attorney Robert S. Lawrence of Finlayson Toffer Roosevelt & ...
2019.7.8 Motion to Compel Further Responses 576
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.8
Excerpt: ...oduction, Set Two, from Defendant Toyota Motor Sales USA, Inc. is GRANTED in part. The definition of YOU and YOUR in the Requests is limited to sources of documents within Toyota's possession or control. Under this restriction the Motion is GRANTED as to Requests No. 21 and 22, with Request No. 21 being limited to manuals from 2014 to the present. The Motion is DENIED as to <005a004400550047004800 470011[ FACTUAL BACKGROUND This is a Lemon Law ca...
2019.7.3 Motion for Summary Judgment 591
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.3
Excerpt: ...follows. On September 26, 2013, Defendants Gabriella Ramzi (“Ramzi”) and Nathan Noe (“Noe”) were injured in a car accident. (Complaint ¶ 10.) They were referred to Orthopedic Specialists of Southern California and Integrated Surgery Center 107 (“Physicians”) for treatment. (Complaint ¶ 11.) Ramzi and Noe signed a medical lien agreement promising to pay Physicians from any money they might obtain in their lawsuit against third partie...
2019.7.3 Motion to Compel Further Responses 549
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.3
Excerpt: ... Compel Further Responses to Requests for Production, Set Two, from Defendant FCA US, LLC is GRANTED in part. FCA is to search its database for warranty claims data, failure rates, and C/1000 data concerning the specific terms identified by Plaintiffs relating to other 2012 Dodge Durango vehicles, provided those terms do not include broad omnibus terms like “all documents that evidence, describe, refer or relate to.” No sanctions are awarded....
2019.7.2 Motion for Summary Judgment, Adjudication 697
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.2
Excerpt: ...BACKGROUND This is an action for bad faith breach of an insurance contract. The Complaint alleges as follows. Plaintiffs Joseph Mastrangelo and Karri-Leigh Mastrangelo (“Plaintiffs”) leased an apartment on Hermitage Avenue in Los Angeles, and obtained a renter's insurance policy on the property through Defendant Interinsurance Exchange of the Automobile Club (“Exchange”). (Complaint ¶¶ 2, 5.) In December 2014, heavy rain and wind lead t...
2019.7.2 Motion for Summary Judgment 504
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.7.2
Excerpt: ...s that Plaintiff John Nathan Gordon (“Gordon”) obtained a favorable judgment against Defendant Kambiz Faalzadeh (“Faalzadeh”) in Colombia on March 4, 2015. (Complaint ¶ 3.) $3,414,822.74 are due Gordon in damages. (Complaint ¶4.) Gordon asks for entry of this judgment here. (Complaint at p. 4.) PROCEDURAL HISTORY Gordon filed the Complaint on September 8, 2017, alleging one cause of action for entry of judgment based on foreign judgment...
2019.6.21 Motion to Compel Arbitration and Stay Action 194
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.21
Excerpt: ... employment discrimination. The Complaint alleges as follows. Plaintiff Lourdes Bene (“Bene”) worked for Defendant Charter Communicans Inc. (“Charter”) as a Business Account Executive. (Complaint ¶ 17.) Her supervisor, Defendant Minesh Patel (“Patel”), harassed her, made sexist comments, and treated her less favorably than male employees. (Complaint ¶¶ 19–33.) Bene arranged for a transfer to another division, and received an offe...
2019.6.20 Motion for Sanctions, for Attorneys' Fees, to Tax Costs 158
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.20
Excerpt: ...ions is DENIED. After considering additional authorities cited by Defendant Terry Eagan, M.D. at the hearing on <0055000300240057005700 00290048004800560003[is DENIED. Plaintiff Monte Nido Residential Center, LLC's Motion to Tax Costs is GRANTED in the amount of $1,313.35, leaving a total costs award of $9,787.46. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Mon...
2019.6.14 Motion for Sanctions, for Attorneys' Fees, to Tax Costs 158
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.14
Excerpt: ...is DENIED. <005500510048005c005600 00560003002700280031[IED. Plaintiff Monte Nido Residential Center, LLC's Motion to Tax Costs is GRANTED in the amount of $1,313.35, leaving a total costs award of $9,787.46. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Monte Nido Residential Center, LLC (“Monte Nido”) operates residential and outpatient eating disorder trea...
2019.6.12 Motion to Compel Further Responses, Deposition 637
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.12
Excerpt: ...ts, Set One, from Plaintiff Lexus Rogers, is GRANTED. Sanctions are awarded against plaintiff and her counsel in the amount of $1500. FACTUAL BACKGROUND This is an action assault, invasion of privacy, and discrimination in the provision of public accommodations. The Complaint alleges as follows. Plaintiff Lexus Rogers (“Rogers”) was meeting friends at Cabo Cantina, the dba of Defendant CC Venice LLC (“CC”), in December 2017. (Complaint ¶...
2019.6.11 Motion to Compel Further Responses 984
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.11
Excerpt: ...atory No. 17.1 is GRANTED. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges as follows. Plaintiff Peaches Nong Jensen (“Jensen”) owned Plaintiff Peachtree Financial Corporation (“Peachtree”), and Defendant Perry Leonard Segal (“Segal”) owned Defendant Charon Solutions, Inc. (“Charon”). (Complaint ¶ 18.) Peachtree and Charon in turn were 50% members of a company called P&P Holdings, LLC (“P&P...
2019.6.10 Motion to Strike 081
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.10
Excerpt: ...s Demurrer to the Complaint is OVERRULED Defendants Lotus Oxnard Corp. and Lotus Communications Corporation's Motion to Strike Portions of the Complaint is GRANTED without leave to amend as to Paragraph 19, and DENIED as to the prayer for punitive damages. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Sahel Alemansour (“Alemansour”) worked for Defendants Lotus Oxnard Corp., Lot...
2019.6.7 Motion to Set Aside Default 867
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.7
Excerpt: ...09 Westgate Limited (“Westgate”) is the owner of an apartment building located at 1709 Westgate Avenue in Los Angeles. The building's manager is plaintiff The Marwin Company (“Marwin”), the management company is plaintiff Moss Management Services, Inc. (“Moss”), and plaintiffs Rachel Pozo (“Pozo”) and Justin Verstegen (“Vertegen”) are employees of Westgate. (Complaint ¶¶ 1–5.) Collectively, the court will refer to plaintif...
2019.6.5 Motion to Compel Further Responses 484
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.5
Excerpt: ...s, LLC to Requests for Production of Documents, Set One, is GRANTED as to Requests <0028002700030044005600 00480056005700560003[No. 9 and 31–36. No sanctions are awarded. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges that Plaintiff Isidro Plascencia (“Plascenica”) purchased a 2017 GMC Sierra Denali with an express written warranty. (Complaint ¶¶ 6–8.) The vehicle developed defects within the warranty period, and Def...
2019.6.4 Demurrer, Motion to Strike 439
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.6.4
Excerpt: ...rer to the Complaint is SUSTAINED, with leave to amend. The Motion to Strike is DENIED as moot. FACTUAL BACKGROUND This is an action for legal malpractice. The Complaint alleges as follows. Plaintiff Jean Ndjongo (“Ndjongo”) was placed on administrative leave by his employer, City of Los Angeles, Department of Airports, in June 2011, which was followed by a medical leave for several surgeries. (Complaint at p. 4.) Ndjongo's employer retaliate...
2019.5.31 Motion for Attorneys' Fees, to Tax Costs 172
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.31
Excerpt: ... to Tax Costs is GRANTED, and $17,712.58 is taxed from the costs sought by Johnson, leaving a total costs award of $13,937.42. Plaintiff is awarded attorneys' fees and costs in the amount of $107,252.17. FACTUAL BACKGROUND This is a Lemon Law action. The Complaint alleges as follows. Plaintiff Rita L. Johnson (“Johnson”) purchased a new 2015 Jeep Cherokee on November 22, 2014, with a warranty from Defendant FCA US LLC (“FCA”). (Complaint ...
2019.5.9 Motion to Compel Further Discovery Responses 480
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.9
Excerpt: ...rzana Sheikh is GRANTED as to Requests for Admission No. 1–70, Special Interrogatories No. 1–26, Form Interrogatories No. 12.1–12.7, 13.1, 16.1–16.2, and 17.1, and Requests for Production No. 1–20. Sanctions are awarded in the amount of $2610.00, payable within 30 days. FACTUAL BACKGROUND This is an action for embezzlement. The Complaint alleges as follows. Plaintiffs Iraj V. Kashani and Irang, Inc. dba Westwood Mobil (“Plaintiffs”)...
2019.5.9 Motion to Expunge Lis Pendens or Require Undertaking 246
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.9
Excerpt: ...Cross-Complainants Frank Dominick and Michele Dominick as Co-Trustees of the Aron Family Trust in the amount of $25,000. FACTUAL BACKGROUND This is an action for quiet title to an easement. The Complaint alleges as follows. Plaintiff Jeff S. Thomas (“Thomas”) owns property on Franklin Avenue in Los Angeles that shares a boundary with an adjacent property on Franklin Avenue owned by Defendants Frank and Michele Dominick as Co-Trustees of the A...
2019.5.8 Motion to Compel Compliance with Deposition Subpoenas for Production of Business Records 297
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.8
Excerpt: ...i's Motions to Compel Third-Parties Unique Work Group and Seyed Hossein Nabavi to Comply with Deposition Subpoenas for Production of Business Records are GRANTED. Since Unique and Nabavi are third parties the Court will not order monetary sanctions at this time but this ruling is without prejudice to the renewal of the <0032005500470048005500 00030026004400580056[e to cause why Unique and Nabavi should not be held in contempt of Court, if they do...
2019.5.8 Motion to Vacate and Set Aside Judgment on the Pleadings 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.8
Excerpt: ... breach of contract and negligence. The First Amended Complaint (“FAC”) alleges as follows. Defendants Marco Astani, Sonny Astani, and HPG Management Inc. (“Defendants”) breached their lease agreement with Plaintiff Cory Brookshire (“Brookshire”) by locking Brookshire out of his apartment units. (FAC at pp. 5–6.) PROCEDURAL HISTORY Brookshire filed the original Complaint on February 18, 2016, and filed the FAC on January 8, 2018, al...
2019.5.7 Motion to Void and Vacate Orders, Trials and Judgments 762
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.7
Excerpt: ...TRIALS HELD AND JUDGMENTS MADE BY JUDGE FEUER ACCORDING TO CCP SECTION 473(d) Cory Lafayette Brookshire Plaintiff vs. MARCO ASTANTI, ET AL Defendants Plaintiff Cory Lafayette Brookshire's Motion to Void and Vacate Any and All Orders, Trials Held and Judgments Made by Judge Gai Ruderman Feuer is DENIED. Plaintiff Cory Lafayette Brookshire's Motion to Void Any and All Orders, Trials Held and Judgments Made by Judge Feuer According to CCP Section 47...
2019.5.7 Motion to Vacate and Set Aside Judgment on the Pleadings 766
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.7
Excerpt: ... breach of contract and negligence. The First Amended Complaint (“FAC”) alleges as follows. Defendants Marco Astani, Sonny Astani, and HPG Management Inc. (“Defendants”) breached their lease agreement with Plaintiff Cory Brookshire (“Brookshire”) by locking Brookshire out of his apartment units. (FAC at pp. 5–6.) PROCEDURAL HISTORY Brookshire filed the original Complaint on February 18, 2016, and filed the FAC on January 8, 2018, al...
2019.5.7 Motion to Reopen Discovery for Limited Purpose 039
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.7
Excerpt: ...UAL BACKGROUND This is an action for breach of contract involving real property. The Complaint alleges as follows. Plaintiff Howard Park (“Plaintiff”) and Defendant Christopher Ko (“Ko”) entered into an agreement involving real property on Harvard Boulevard in Los Angeles, in which Ko agreed to (1) foreclose on the Harvard property and dispose of it later; (2) to split profits from the disposition with Plaintiff; and (3) forgive an indebt...
2019.5.6 Motion to Strike Punitive Damages 274
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.6
Excerpt: ... is DENIED. FACTUAL BACKGROUND This is an action for negligence and wrongful death. The First Amended Complaint (“FAC”) alleges as follows. On March 15, 2018, decedent Elsie Gomez (“Gomez”) was hit by a FedEx Ground box truck driven by Defendant Steven Komaneck (“Komaneck”), while Komaneck was acting in the scope of his employment with Defendants FedEx Ground Package System (“Fedex”), Mario's AAA Delivery (“AAA”), Mario Del Ri...
2019.5.6 Motion to Stay Entire Case 984
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.6
Excerpt: ...The Second Amended Complaint (“SAC”) alleges as follows.[1] Plaintiff and Decedent Barbara Taylor (“Taylor”) resided at Defendant East Terrace Rehabilitation & Wellness Centre, LP (“Terrace”) beginning November 2014, her admittance primarily the result of renal diseases and dementia. (SAC ¶ 7.) On July 31, 2015, Taylor was transferred to Defendant Southern California Hospital (“Socal”) for treatment of pneumonia and a urinary tra...
2019.5.6 Motion to Compel Deposition 669
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.5.6
Excerpt: ... is GRANTED as to Questions No. 2, 4, and 8 as labeled in Plaintiffs' Separate Statement. The Motion is otherwise DENIED. No sanctions are awarded. FACTUAL BACKGROUND This is an action for medical negligence and loss of consortium. The Complaint alleges as follows. In February 2015, Defendant Michael Tahery, M.D. (“Tahery”) performed a cesarean section on Plaintiff Rebecca Derohanian (“Derohanian”) at Defendant Cedars-Sinai Medical Center...

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