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Judge: Draper, Robert x
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 ¶¶ ...
2021.07.21 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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