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2019.12.13 Motion to Set Aside Default 195
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.13
Excerpt: ...int (“FAC”) alleges as follows. On April 17, 2017, Plaintiff Brian Neman (“Neman”) entered into a written contract with Defendants Farhad and Elham Yaghoubi (“Yaghoubis” or “Defendants”) for the purchase of certain real property for $7,000,000. (FAC ¶ 9.) The contract provided that the Defendants were to deliver the property on or before February 19, 2018 free and clear of tenants, and Plaintiff was to deliver $1,000,000. (FAC ¶...
2019.12.13 Motion for Summary Judgment, Adjudication, to Quash Subpoena, to Compel Mental Exam 205
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.13
Excerpt: ...nd DENIED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an employment discrimination action. Plaintiff Artise Martin (“Martin”) was an employee of Defendant County of Angeles (“County”) working at Defendant Rancho Los Amigos Medical Center (“Rancho”) as a custodian. (Compl. ¶ 9.) On June 30, 2016, suffered a serious injury to his back while working, and accordingly took a medical leave of absence until Augus...
2019.12.13 Motion for Determination of Good Faith Settlement 527
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.13
Excerpt: ...od Faith Settlement is GRANTED. FACTUAL BACKGROUND This is an action for legal malpractice. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Pompeyo H. Silva (“Silva”) retained Defendants Law Offices of Robert Scott Shtofman and Robert Scott Shtofman (“Shtofman”) to represent him to prosecute a personal injury action related to a trucking accident. (FAC ¶¶ 7–8.) Defendants misrepresented their qualifications to Si...
2019.12.12 Motion to Stay Case 187
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.12
Excerpt: ...s Michael D. Waks (“Waks”), Mindy Bish (“Bish”), and Joseph Barrett (“Barrett”) (collectively “Defendants”) are attorneys who jointly represented Plaintiff Michael Middleton (“Middleton”) in litigation for personal injuries he sustained in a motor vehicle accident. (Compl. ¶¶ 2-5, 8.) On April 12, 2012, Middleton sought legal representation from Waks who had Middleton sign a retainer agreement. (Compl. ¶ 8.) On March 11, 20...
2019.12.12 Demurrer, Motion to Strike 808
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.12
Excerpt: ...rth Causes of Action, and SUSTAINED with leave to amend as to the Second, Fifth and Sixth Causes of Action.. Defendant Rachel LaSota's Motion to Strike is DENIED as moot. 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 Hig...
2019.12.10 Motion to Compel Further Responses, for Terminating Sanctions 637
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.10
Excerpt: ...TTEN DISCOVERY DEFENDANT CC VENICE, LLC'S MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF LEXUS ROGERS AND HER COUNSEL Defendant CC Venice, LLC's Motion for Terminating Sanctions is DENIED. Rogers is ordered to provide supplemental responses without objections to Request for Production, Set One, Nos. 5, 8, 14, 15, and 17 within 10 days of this order and to pay CC $4,560 in sanctions. Defendant CC Venice, LLC's Motion to Compel Further Depositi...
2019.12.10 Motion to Bifurcate 010
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.10
Excerpt: ...IFURCATE (A) PLAINTIFF/CROSS-DEFENDANTS' CAUSE OF ACTION FOR DECLARATORY RELIEF AND (B) DEFENDANTS' AFFIRMATIVE DEFENSE OF ESTOPPEL Defendants' Motion to Bifurcate is DENIED. FACTUAL BACKGROUND This is a cause of action concerning corporate governance. The Complaint alleges as follows. In October 2008, the directors of plaintiff 3.1 Women's Association in U.S.A. (“3.1”) voted to adopt new bylaws. (Complaint ¶ 14.) In May 2009, 3.1 held an in...
2019.12.5 Motion for Trial Preference 249
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.5
Excerpt: ... Plaintiff Vivian Jackson was a resident at Defendant Marna Health Services, Inc. (“Marna Health”)'s skilled nursing facility. (Compl. ¶¶ 3, 5.) Jackson alleges that while residing at Marna Health, she was sexually and violently assaulted by employees of Marna Health. (Compl. ¶ 5.) Marna Health and Defendant owners Maria Barrios and Napolean Garcia were aware of understaffing and substandard care at Marna Health, and Defendants essentially...
2019.12.5 Demurrer, Motion to Strike 439
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.5
Excerpt: ...r, Dohrmann & Sommers, LLP's Demurrer to the Second Amended 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 Second Amended Complaint (“SAC”) 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 le...
2019.12.5 Motion for Leave to File Amended Complaint, Demurrer, Motion to Strike 327
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.5
Excerpt: ...TAINED with leave to amend. The Motion to Strike is DENIED as moot. FACTS OF THE CASE This is a products liability case. The Complaint alleges as follows. Decedent Rodolfo Chavez (“Rodolfo”) worked with various metal products as a Machinist. (Complaint ¶ 7.) These various products, used as intended by Rodolfo, caused him toxic injuries and occupational diseases via the release of toxic airborne vapors and aerosols (Complaint ¶¶ 8–9.) The...
2019.12.3 Demurrer, Motion to Strike, for Leave to Amend Complaint 146
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.3
Excerpt: ...LEE REYNOLDS' MOTION FOR LEAVE TO AMEND THE CROSS- COMPLAINT Cross-Defendants Kamran Khalil, David Khalil, and Brenden Real Estate, LLC's Demurrer to the Cross-Complaint is OVERRULED as to the First Cause of Action. Cross-Defendants' Motion to Strike Portions of the Cross-Complaint is DENIED. Cross-Complainant James Lee Reynolds' Motion for Leave to Amend the Cross- Complaint is DENIED. FACTUAL BACKGROUND This is a legal malpractice case. The Com...
2019.12.3 Motion for Summary Judgment 731
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.3
Excerpt: ...ice 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 a right of first refusal option to purchase the leased property contained in a commercial property lease. (TAC ¶ 27.) Defendants represented that they were competent attorneys with experience in th...
2019.12.2 Motion to Quash Service of Summons 214
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.12.2
Excerpt: ...ash Service of Summons for Lack of Personal Jurisdiction is DENIED. FACTUAL BACKGROUND This is a wage and hour employment action. The Complaint alleges as follows. Plaintiff Rachel Zovar (“Zovar”) was employed by Defendants Biotics Research of Southern California (“BRSC”), Biotics Research Corporation (“BRC”), Biotics Research West, LLC (“BRW”), and Does 1-150 as a saleswoman. (Compl. ¶¶ 1-2.) The Complaint alleges that Zovar wa...
2019.11.27 Motion for Summary Judgment 282
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.27
Excerpt: ... 1-10; Cross-Defendants. STATE OF CALIFORNIA ; Cross-Complainant, vs. ELMER LOPEZ-PLIEGO; and ROES 1-50; Cross-Defendants. Defendant State of California Department of Transportation's Motion for Summary Judgment is therefore GRANTED against Plaintiff Security National Insurance Company. FACTUAL BACKGROUND This is a negligence and workers' compensation damages action. The Complaint alleges as follows. Plaintiff Security National Insurance Company ...
2019.11.25 Motion for Attorneys' Fees 127
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.25
Excerpt: ...arassment, discrimination, and retaliation. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Orlando Gray (“Gray”) was employed by Defendant Thyssenkrupp Materials, LLC (“TK”) as a driver from April 2006 to August 2017. (FAC ¶ 15.) In late 2015 or early 2016, Gray made a sexual harassment complaint against coworker Defendant Amanda Gutierrez (“Gutierrez”). (FAC ¶ 20.) The FAC also details incidents of racism fro...
2019.11.22 Motion for Summary Judgment 027
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.22
Excerpt: ...ffs 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 secretly used his cell phone c...
2019.11.21 Demurrer 014
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.21
Excerpt: ...AINED without leave to amend with regards to the Third Cause of Action; and OVERRULED with regards to the Second and Fourth Causes of Action. 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 alleges as follows: Plaintiff Justin Jones (“Jones”) was friends with Defendant Angela Renee White ak...
2019.11.20 Motion for Trial Setting Preference 022
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.20
Excerpt: ...tion for medical negligence. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Karson Curtis (“Curtis”) was born to his mother, Plaintiff Dana K. Dunmore (“Dunmore”) on January 16, 2014. (FAC ¶ 21.) Curtis and Dunmore received care associated with Dunmore's pregnancy and Curtis's birth at Defendant California Hospital Medical Center (“CMC”) and its defendant physicians. (FAC ¶¶ 11, 21.) Both Dunmore and Curtis w...
2019.11.19 Motion for Summary Judgment, Adjudication 745
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.19
Excerpt: ...ility discrimination. The Complaint alleges as follows. Plaintiff Cruz Casas (“Casas”) was employed by Defendant County of Los Angeles (“County”) as a peace officer beginning in April, 1999. (Compl. ¶¶ 1, 14.) In May 2016, Casas was criticized by his superior, Lt. Subler, for his reporting after an incident involving an inmate. (Compl. ¶¶ 16-17.) On June 5, 2016, a meeting with Lt. Subler, wherein he berated Casas, caused Casas to suf...
2019.11.18 Motion for Leave to Amend Complaint 146
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.18
Excerpt: ...is DENIED. FACTUAL BACKGROUND This is a legal malpractice case. The Complaint alleges as follows. Before August 30, 2016, Plaintiffs David Khalil, Kamran Khalil, and Brenden Real Estate, LLC, were clients of Defendant James Lee Reynolds (“Reynolds”), an attorney. (Complaint ¶¶ 1, 6.) They had entered into a retainer agreement on April 20, 2015, to represent Plaintiffs in an underlying action. (Complaint ¶ 7.) Owing to a series of disputes ...
2019.11.15 Motion to Compel Arbitration and Stay Proceedings 675
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.15
Excerpt: ...ution of arbitration on the remaining causes of action. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Jose Raul Garay (“Garay”) was employed by Defendant Millard Mall Services (“Millard”) as a janitor from December 3, 2018 until March 26, 2019. (Compl. ¶¶ 11-12.) Garay alleges that he and other similarly aggrieved employees were denied their rest and meal breaks, and thus that their wage ...
2019.11.15 Demurrers, to Confirm Case 387
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.15
Excerpt: ...D LOS ANGELES CITY COUNCIL, AND REAL PARTIES IN INTEREST CH PALLADIUM, LLC, CH PALLADIUM HOLDINGS, LLC, 5929 SUNSET (HOLLYWOOD), LLC, CRE-HAR CROSSROADS SPV, LLC, AND 6400 SUNSET, LLC'S DEMURRERS TO THE COMPLAINT OF PLAINTIFF AIDS HEALTHCARE FOUNDATION REAL PARTY IN INTEREST CRE- HAR CROSSROADS SPV, LLC'S MOTION FOR ORDER CONFIRMING CASE IS SUBJECT TO RULES 3.2220 ET SEQ. AND 8.700 ET SEQ. GOVERNING ENVIRONMENTAL LEADERSHIP DEVELOPMENT PROJECT LI...
2019.11.14 Motion to Tax Costs 308
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.14
Excerpt: ...Law action. Plaintiff Gambino Leal (“Leal”) purchased a new 2015 Mercedes-Benz C300W in April 2015, with an express written warranty. (Complaint ¶ 9.) The vehicle contained various defects. (Complaint ¶ 10.). The causes of action arise out of the warranty obligations of Mercedes-Benz (“Mercedes”) and VIP Motor Cars Acquisition, Inc., dba Mercedes-Benz of Palm Spring (“Mercedes PS”). (Complaint ¶¶ 4-5.) PROCEDURAL HISTORY Leal file...
2019.11.14 Motion to Compel Arbitration and Stay Proceedings 675
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.14
Excerpt: ...ution of arbitration on the remaining causes of action. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Jose Raul Garay (“Garay”) was employed by Defendant Millard Mall Services (“Millard”) as a janitor from December 3, 2018 until March 26, 2019. (Compl. ¶¶ 11-12.) Garay alleges that he and other similarly aggrieved employees were denied their rest and meal breaks, and thus that their wage ...
2019.11.14 Demurrer, Motion to Strike 077
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.14
Excerpt: ... PORTIONS OF THE COMPLAINT Defendant Allianz Global Corporate & Specialty's Demurrer to the Complaint is OVERRULED. Defendants Allianz Global Corporate & Specialty and Fireman's Fund Motion to Strike is GRANTED with leave to amend as to the prayer for punitive and paragraphs 37 and 38. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One Health International dba Redondo Veterinary Medical Ce...
2019.11.13 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.13
Excerpt: ...hool District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Demurrer to the First Amended Complaint is SUSTAINED with leave to amend as to the Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Causes of Action. Defendants Beverly Hills Unified School District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Motion to Strike is GRANTED with leave to amend as to the referenced sections relating to puni...
2019.11.1 Motion to Expunge Lis Pendens 970
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.1
Excerpt: ...nt of $4,574.00. FACTUAL BACKGROUND This is an action for slander of title and cancellation of cloud on title. The Complaint alleges as follows. Plaintiff Cloda A. Jones (“Jones”) is the beneficiary of the Ogilvie Family Trust, which Defendant Naomi Campbell (“Campbell”) offered to Jones to help administer after the deaths of Jones' parents, the Ogilvies. (Compl. ¶¶ 2, 12.) The trust bequeathed a real property home to Jones, which Jones...
2019.11.1 Motion for Summary Judgment, Adjudication 187
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.11.1
Excerpt: ...and DENIED as to the Third Cause of Action for Breach of Fiduciary Duty. FACTUAL BACKGROUND The Complaint in this action alleges as follows. Defendants Michael D. Waks (“Waks”), Mindy Bish (“Bish”), and Joseph Barrett (“Barrett”) (collectively “Defendants”) are attorneys who jointly represented Plaintiff Michael Middleton (“Middleton”) in litigation for personal injuries he sustained in a motor vehicle accident. (Compl. ¶¶ 2...
2019.10.31 Motions to Tax Costs, to Strike Costs 599
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.31
Excerpt: ... This is a disability discrimination case. The Complaint alleges as follows. Plaintiff Michael J. Holmes (“Holmes”) worked for Defendant Behavior Frontiers, LLC (“BF”). (Complaint at p. 4.) Holmes went off work because of a disability, but was not allowed to return with a reasonable accommodation and was terminated. (Complaint at pp. 4–6.) PROCEDURAL HISTORY Holmes filed the Complaint on January 9, 2018 alleging two causes of action: 1....
2019.10.31 Motion for Attorneys' Fees 018
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.31
Excerpt: ... Attorneys' Fees is CONTINUED until _________. Alameda is to provide the Court with updated billing statements and summary totals that exclude time billed prior to the FAC on April 14, 2017 and exclude time billed for work performed for Atlas because they are not a prevailing party. Alameda is further to provide accurate comparable billing rates of similarly situated attorneys. FACTUAL AND PROCEDURAL BACKGROUND This action involves certain proper...
2019.10.30 Motion to Set Aside and Vacate Entry of Default 665
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.30
Excerpt: ...ion, strikes the answer filed by Defendant Paul Meyer on August 22, 2019. Defendant Paul Meyer's motion to set aside and vacate entry of default is CONTINUED for further briefing. Defendant Paul Meyer shall file and serve a detailed supplemental declaration, a declaration from counsel (if possible), and supporting documents (if any) at least 10 days before the continued hearing. Plaintiff George M. Prince III, individually and as Successor Truste...
2019.10.30 Motion to Dismiss or Stay Action Based on Forum Non Conveniens or to Change Venue 081
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.30
Excerpt: ...RANTED. The action is stayed. As the parties have not sufficiently addressed the issue of whether this action should be stayed, as opposed to dismissed, if the motion for forum non conveniens is granted, the Court will hear additional reasons on this issue at the hearing. FACTUAL BACKGROUND Plaintiff Kevin Berman sued his former employer Defendant Edgile, LLC and former supervisor at Edgile, LLC Defendant Dean Fantham based on the following alleg...
2019.10.29 Motion to Compel Deposition of PMK, Request for Monetary Sanctions 532
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.29
Excerpt: ...LC's Person Most Knowledgeable is GRANTED. The Court will defer ruling on awards the request for monetary sanctions against Defendant and its counsel until the hearing. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Epifanio Roman (“Plaintiff”) purchased a new 2016 Chevrolet Malibu in March 2016, with an express written warranty from General Motors (“Defendant”). (Complaint ¶ 8.) During the war...
2019.10.28 Motion for Summary Judgment, Adjudication 745
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.28
Excerpt: ...is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Cruz Casas (“Casas”) was employed by Defendant County of Los Angeles (“County”) as a peace officer beginning in April, 1999. (Compl. ¶¶ 1, 14.) In May 2016, Casas was criticized by his superior, Lt. Subler, for his reporting after an incident involving an inmate. (Compl. ¶¶ 16-17.) On June 5, 2016, a meeting with Lt. Subler, wherein he berated Casa...
2019.10.28 Motion to Expunge Lis Pendens 145
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.28
Excerpt: ...t of $4,574.00. FACTUAL BACKGROUND This is an action for slander of title and cancellation of cloud on title. The Complaint alleges as follows. Plaintiff Cloda A. Jones (“Jones”) is the beneficiary of the Ogilvie Family Trust, which Defendant Naomi Campbell (“Campbell”) offered to Jones to help administer after the deaths of Jones' parents, the Ogilvies. (Compl. ¶¶ 2, 12.) The trust bequeathed a real property home to Jones, which Jones ...
2019.10.25 Motion to Compel Arbitration and Stay Proceedings 076
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.25
Excerpt: ... is GRANTED. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Dora Carbajal (“Carbajal”) was employed by Defendant Nellson Nutraceutical, LLC (“Nellson”), from approximately January 1995 until May 2, 2018, which included a period of time with a predecessor of Nellson, NBTY Manufacturing, LLC that Nellson purchased in 2015. (Compl. ¶¶ 1, 12.) Defendant Ross Davis (“Davis”...
2019.10.25 Motion to Compel Arbitration 887
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.25
Excerpt: ...rteenth through Seventeenth Causes of Action, and Eleventh and Eighteenth Causes of Action only as to Defendant Antelope Valley. The Motion to Compel Arbitration is DENIED as to all other claims and parties. Proceedings on the Sixth, Ninth, Tenth, and Twelfth Causes of Action, and the Eleventh and Eighteenth Causes of Action as to Proactive and Dr. Newman, are STAYED pending resolution of Fujimori's claims in arbitration. FACTUAL BACKGROUND This ...
2019.10.23 Motion for Attorneys' Fees 774
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.23
Excerpt: ...es as follows. Plaintiff 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 she refused. (Compl. ¶ 1.) PROCEDURAL HISTORY 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 ...
2019.10.23 Demurrers 423
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.23
Excerpt: ...nd Amended Complaint is SUSTAINED without leave to amend as to the Ninth and Tenth Causes of Action. Defendants Alla Tenina and Tatyana Baytalsky, former trustee and trustee for the TSC Irrevocable Trust's Demurrer to the Second Amended Complaint is OVERULED. FACTUAL BACKGROUND This is an action for fraud and conversion. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Migran Sldryan (“Plaintiff”) owned real property on ...
2019.10.22 Motion for Attorneys' Fees 308
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.22
Excerpt: ...”) purchased a new 2015 Mercedes-Benz C300W in April 2015, with an express written warranty. (Complaint ¶ 9.) The vehicle contained various defects. (Complaint ¶ 10.). The causes of action arise out of the warranty obligations of Mercedes-Benz (“Mercedes”) and VIP Motor Cars Acquisition, Inc., dba Mercedes-Benz of Palm Spring (“Mercedes PS”). (Complaint ¶¶ 4-5.) PROCEDURAL HISTORY Leal filed the Complaint on January 5, 2018, allegin...
2019.10.18 Motion to Compel Attendance, for Production of Docs, for Protective Order 508
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.18
Excerpt: ...ISCOVERY Plaintiff Vasken Imasdounian's Motion to Compel the Attendance and Testimony of Bolero Industries Inc.'s Employee Annie Imasdounian is DENIED. Annie Imasdounian's Motion for Protective Order is MOOT. FACTUAL BACKGROUND This is 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, I...
2019.10.16 Motion for Summary Judgment, Adjudication 502
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.16
Excerpt: ...Urth Payroll Services, Inc.'s Motion for Summary Judgment or Summary Adjudication is GRANTED FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Luis Roberto Garcia (“Garcia”) worked for Defendants Urth Caffe Corporation, Urth Caffe Commissary, L.P., and Urth Payroll Services, Inc. (“Urth”) as a maintenance worker and dishwasher. (Complaint ¶ 18.) In September 2014, Garcia suffe...
2019.10.15 Demurrer 147
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.15
Excerpt: ... Law case. The Complaint alleges as follows. In November 2011, Plaintiff Benito Fuentes (“Plaintiff”) purchased a new 2012 Ford F-35- Super Duty with an express warranty. (Compl. ¶ 9.) The vehicle was delivered with various serious defects and nonconformities, and developed further defects, to the engine, suspension, structure, exterior, and electrical system. (Compl. ¶ 10.) Defendant Ford Motor Company (“Ford”) was unable to conform th...
2019.10.9 Motion for Reconsideration and to Vacate 148
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.9
Excerpt: ... quiet enjoyment by a tenant against a landlord. The Complaint alleges as follows. Plaintiff Regina Ricardo (“Regina”) and her son, Enrique Ricardo-Vargas (“Enrique”) live in a residence leased to them by owner Defendant Eddye Melaragno (“Melaragno”) and managed by Melaragno's daughter, Defendant Nina R. Ringgold (“Ringgold”). (Complaint ¶¶ 1–9.) Defendants have made repeated threats to enter the premises for no good cause and...
2019.10.9 Motion to Strike or Tax Costs 697
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.9
Excerpt: ...rst Legal filing fees will not be stricken or taxed, the service of process mailing fees will be stricken, and the request for sanctions will be stricken only for purposes of the Costs Memorandum without prejudice. FACTUAL 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 ...
2019.10.8 Demurrer, Motion to Strike 696
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.8
Excerpt: ...Complaint is OVERRULED as to the Second and Fourth Causes of Action, and SUSTAINED WITH LEAVE TO AMEND as to the Third Cause of Action. Defendant State Farm General Insurance Company's Motion to Strike Portions of the First Amended Complaint is DENIED as to the prayer for punitive damages and attorneys' fees; the Motion is GRANTED WITH LEAVE TO AMEND as to paragraphs 51 and 52, and Prayer paragraphs 6 and 7 for injunctive relief and restitution. ...
2019.10.8 Motion to Compel Further Responses 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.8
Excerpt: ... MEDIA, LLC Plaintiff's Motion to Compel Further Responses is DENIED. The motion for sanctions will not be granted. The opposition of non-party Greenberg Gross LLP is moot. 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 ...
2019.10.8 Motion for Attorneys' Fees 328
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.8
Excerpt: ...s follows. Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) granted a business line of credit to Lexor Enterprises, Inc. (“Lexor”), which Lexor agreed to repay. (Complaint ¶ 9.) Defendant Garen Mangassarian (“Mangassarian”) agreed in writing to guaranty repayment on the line of credit. (Complaint ¶ 17.) Lexor has defaulted and owes Wells Fargo $98,289.72. (Complaint ¶ 14.) Mangassarian has not repayed this obligation. (Complaint ¶...
2019.10.7 Motion for Discharge of Stakeholder, for Costs and Attorney's Fees 449
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.7
Excerpt: ... SEVEN CORPORATION, INC. et al.; Defendants. Accordingly, the Motion for Discharge is GRANTED, Ace to be dismissed and awarded requested attorneys' fees and costs. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff U Turn Seven Corporation, Inc. (“U Turn”) and Defendant French Riviera (“French Riviera”) entered into an agreement in February 2018 for U Turn to sell and French Riviera to...
2019.10.7 Motion to Compel Further Responses 005
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.7
Excerpt: ...missions from Defendant General Motors, LLC is GRANTED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges that Plaintiff Johanna Enciso (“Enciso”) in September 2017 purchased a new 2017 Chevrolet Silverado with an express written warranty. (Complaint ¶¶ 5–8.) The vehicle developed various defects including malfunctions of leaf springs, rear leaf spring failures, rear spring shackle failures, suspension related component f...
2019.10.4 Motion to Compel Arbitration, to Stay, Request for Immediate Stay 200
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.4
Excerpt: ...d Seven. The Sixth Cause of Action – PAGA– is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Leticia Lugo (“Lugo”) was an employee of Defendant Jay Nolan Community Services, Inc. (“JNCS”). (Compl. ¶ 4.) Lugo was hired in May 2017 as a Job Coach and worked four days per week for nine and a half hours per day. (Compl. ¶¶ 14, 18.) The Complai...
2019.10.3 Motion to Compel Further Responses 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.3
Excerpt: ...T MEDIA, LLC Plaintiff's Motion to Compel Further Responses is DENIED, pending General's further responses. The motion for sanctions will not be granted, pending General's further responses. The opposition of non-party Greenberg Gross LLP is moot. 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 Genera...
2019.10.3 Motion to Strike 451
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.3
Excerpt: ...SLAPP STATUTE, CIV. PROC. § 425.16 Defendants Warren Kessler and Joan Kessler's Special Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for an injunction and damages related to interference with a real property easement. The First Amended Complaint alleges as follows: Plaintiff Jason Rubin (“Rubin”) owns real property in Los Angeles, located near real property owned by Defendan...
2019.10.3 Demurrers 623
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.3
Excerpt: ...INT Defendants Nestle Waters North America, Aimee Sugita, Carlo San Diego, and Bob Bybee's Demurrer to the Second Amended Complaint is SUSTAINED without leave to amend as to the First Cause of Action as it relates to claims asserted under Labor Code section 3602, and the Third and Sixth Causes of Action; SUSTAINED without leave to amend as to the Seventh Cause of action with respect to Aimee Sugita, Carlo San Diego, and Bob Bybee; SUSTAINED with ...
2019.10.3 Motion for Summary Judgment, Adjudication 003
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.3
Excerpt: ...int alleges as follows. Plaintiff Lianna Rebolledo (“Rebolledo”) worked as a coordinator for Defendant Hombre Nuevo (“NH”) 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.) Plaintiff's requests for her personn...
2019.10.1 Demurrer 490
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.10.1
Excerpt: ...ause of action is for fraud. (Compl. ¶ 10.) PROCEDURAL HISTORY Bible filed the Complaint on April 11, 2019 alleging a cause of action for fraud. On May 29, 2019, Allred filed a Demurrer to the Complaint. On September 19, 2019, Bible filed a First Amended Complaint.[1] Bible has not filed an Opposition to the Demurrer. DISCUSSION I. MEET AND CONFER Before filing a demurrer or a motion to strike, the demurrer or moving party is required to meet an...
2019.06.18 Demurrer, Motion to Strike 980
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.06.18
Excerpt: ...irst, Second, Fourth and Fifth Causes of Action, and OVERRULED as to the Third Cause of Action. Defendant Century Field, Inc.'s Motion to Strike Portions of the First Amended Complaint is GRANTED with leave to amend as to the prayer for punitive damages. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The First Amended Complaint (“FAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho (“Camacho”) took out a loan o...
2019.06.18 Motion to Amend Complaint 121
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.06.18
Excerpt: ... prejudice. 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 alleges generally that O'Connor entered into a Purchase Agreement (“Purchase ...
2019.06.18 Motion to Set Aside Order, to Quash Depositiion Subpoena 561
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.06.18
Excerpt: ... Deposition Subpoena is GRANTED. No sanctions are awarded. FACTUAL BACKGROUND This is a defamation case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Nelson (“Nelson”) on July 31, 2016, invited a vegan Youtube personality to speak at an expo that Nelson holds each year. (FAC ¶ 18.) After Nelson announced the speakers, John Does, posing pseudonymously as Chantelle Robin (“Robin”), lefta variety of comments on...
2019.2.28 Motion to Compel Arbitration 622
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.28
Excerpt: ...Complaint alleges as follows. Plaintiff Laketra Long (“Long”) worked for Defendant WorldRace Productions, Inc. (“Worldrace”) as an hourly employee. (Complaint ¶ 5.) On October 24, 2017, Long began to have a severe allergic reaction to a dog that somebody had brought into the workplace. (Complaint ¶ 7.) Other employees gave her Benadryl for her symptoms, but the drowsiness induced by the drug caused Long to fall asleep on her shift. (Com...
2019.2.28 Motion to Compel Further Responses 045
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.28
Excerpt: ...ne, is GRANTED as to Requests No. 19, 21, 29–32, and 35, and DENIED as to Requests No. 20 and 22. Sanctions are awarded against Faalzadeh and his counsel in the amount of $2060, payable within30 days. FACTUAL BACKGROUND This is an action for registration and entry of foreign judgment. The Complaint alleges that Plaintiff John Nathan Gordon (“Gordon”) obtained a favorable judgment against Defendant Kambiz Faalzadeh (“Faalzadeh”) in Colom...
2019.2.27 Motion for Sanctions 958
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.27
Excerpt: ...OO JOO, AND SAJO GROUP'S MOTION FOR SANCTIONS This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Kenneth Yoon (“Yoon”) in 2005 agreed with Oyang Corp. in 2005 that he would purchase a fishing vessel if Oyang Corp. would take responsibility for all taxes and dues owed to the United States. (Complaint ¶¶ 9–10.) Yoon purchased the boat. (Complaint ¶ 9.) In 2007, Defendant Jin Woo Joo (“Joo”) and his co...
2019.2.27 Motion for Relief from Waiver of Objections, to Compel Responses 672
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.27
Excerpt: ...otion for Relief from Waiver of Objections is GRANTED. FACTUAL BACKGROUND This case is currently proceeding as a legal malpractice action. Plaintiff Jordan Grossman (“Grossman”) alleges in his Complaint that on July 9, 2012, he and defendant/cross-complainant Jessica Herwill (“Herwill”) were involved in an automobile accident caused by third party Devin Bancroft. (Complaint ¶ 6.) Grossman and Herwill both filed separate actions against B...
2019.2.27 Motion for Sanctions 731
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.27
Excerpt: ...tion and proposed Third Amended Complaint upon Defendants within 5 days of this order. Defendants may file a reply 7 court days before hearing on the continued motion. FACTUAL BACKGROUND This is a legal malpractice action. The Second Amended Complaint (“SAC”) 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...
2019.2.26 Demurrer 297
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.26
Excerpt: ..., and others. The Second Amended Complaint (“SAC”) alleges as follows. Defendant Ventura Investment Copmany, LLC (“VIC”) was formed in 2006 to own and operate certain real property in Sherman Oaks. (SAC ¶¶ 8, 12.) Defendant Frank Rahban (“Rahban”) was the original manager of VIC, and although he executed a letter of resignation in May 2017, he claims the letter is not effective and that he remains the manager of VIC. (SAC ¶ 16.) Pl...
2019.2.26 Demurrer, Motion to Strike 301
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.26
Excerpt: ...trike Portions of the First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duty, fraud, and others. The Second Amended Complaint (“SAC”) alleges as follows. Defendant 10801 National, LLC (“National”) was formed in 2012 to own and operate certain real property on National Boulevard in Los Angeles. (SAC ¶¶ 7, 11.) Defendant Frank Rahban (“Rahban”) was the original manager of National, and alt...
2019.2.25 Motion to Compel Responses 697
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.25
Excerpt: ...0045004c004f00 0003003000520057004c>on to Compel Responses to Special Interrogatories, Set One, from Plaintiffs Joseph and Karri Leigh Mastrangelo is DENIED. The Court awards sanctions to Defendant in the amount of $695. FACTUAL 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 A...
2019.2.25 Motion to Compel Deposition 808
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.25
Excerpt: ...modations for Lisa at this deposition. 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 Gr...
2019.2.25 Motion for Sanctions or to Compel Further Responses 148
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.25
Excerpt: ...ompel Further Responses to Form Interrogatories Set Three, No. 17.1, is GRANTED in part: Plaintiffs must provide further substantive responses as to Interrogatory 17.1, Requests for Admission 5–11 and 17, and must provide Ringgold with original verifications for all responses to Form Interrogatories, Set Three. The motion is otherwise DENIED, as is Defen. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenan...
2019.2.25 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.25
Excerpt: ... without leave to amend as to all claims brought by Plaintiffs Ronnie, Jesus, Cindy, Michael, Samantha, Adrian Fonseca, and Jamie-Lynn Martinez, as well as Irma Carrera. The Demurrer is SUSTAINED, with leave to amend, as to Humberto Martinez. The Demurrer is SUSTAINED, with leave to amend, as to the Third, Eighth, Fourteenth, and Twentieth Causes of Action under Penal Code § 484. CFPA's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an a...
2019.2.22 Motion to Compel Responses 697
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.22
Excerpt: ...ELO <005000520045004c004f00 0003003000520057004c>on to Compel Responses to Requests for Production of Documents, Set One, from Plaintiffs Joseph and Karri Leigh Mastrangelo is DENIED. The Court awards sanctions to Defendant in the amount of $695 payable by plaintiffs and their counsel within 30 days. FACTUAL BACKGROUND This is an action for bad faith breach of an insurance contract. The Complaint alleges as follows. Plaintiffs Joseph Mastrangelo ...
2019.2.20 Motion to Compel Deposition, for Leave to File Amended Complaint 672
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.20
Excerpt: ...E TO FILE SECOND AMENDED CROSS-COMPLAINT Defendant and Cross-Complainant Jessica Herwill's Motion to Compel Second Deposition Sessions for Nicholas Wagner and Andrew Jones is GRANTED in part, according to the numbering of questions in Herwill's Separate Statement, as to Wagner Questions No. 1–11, 13, 14, and Jones Questions No. 1–5, but DENIED as to Wagner Questions No. 12 and Jones Questions No. 6 and 7. No sanctions are awarded. Defendant a...
2019.2.20 Demurrer 146
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.20
Excerpt: ...n April 26, 2018, a trustee's sale was conducted for property belonging to Plaintiff Ricardo Arredondo (“Arredondo”), with Defendant Seaside Trustee, Inc. (“Seaside”) transferring title to Defendant Pya Ghasri (“Ghasri”). (Complaint ¶¶ 12–13.) Arredondo alleges that Seaside's Notice of Sale did not list the accurate address of the trustee or his agent. (Complaint ¶¶ 15–21.) PROCEDURAL HISTORY Arredondo filed the Complaint on O...
2019.2.19 Motion to Compel Deposition 119
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.19
Excerpt: ... Compel Plaintiff Oyang Immigration Services, APC's Attendance at Deposition is GRANTED. The Motion to Compel Production of Documents is DENIED. No sanctions are awarded. FACTUAL BACKGROUND This is an action for breach of the duty of loyalty. The Complaint alleges as follows. Plaintiffs Steve Sohn (“Steve”) and Un A. Sohn (“Un”) owned and managed Plaintiff Oyang Immigration Services, APC (“Oyang”). (Complaint ¶ 11.) In 2013, Steven a...
2019.2.8 Motion to Quash Deposition Subpoena or for Protective Order 720
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.8
Excerpt: ...ds or a Protective Order is DENIED. FACTUAL BACKGROUND This is an action for employment retaliation. The Complaint alleges as follows. Plaintiff Jocelyn McDowell (“McDowell”) worked for Defendant ABC Cable Networks Group (“ABC”) from July 2013 as Director of Multi-Platform Research and Strategy for Disney Channels Worldwide. (Complaint ¶ 5.) In February 2015, she reported sexually harassing conduct that she witnessed by her supervisor, J...
2019.2.8 Motion for Requests for Admission Deemed Admitted 697
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.8
Excerpt: ...0045004c004f00 0003003000520057004c[on to Have Requests for Admission, Set One, Deemed Admitted as to Plaintiffs Joseph and Karri Leigh Mastrangelo is DENIED. The Court awards sanctions to Defendant in the amount of $695 against plaintiff and plaintiff's counsel, payable by within 30 days. FACTUAL BACKGROUND This is an action for bad faith breach of an insurance contract. The Complaint alleges as follows. Plaintiffs Joseph Mastrangelo and Karri-L...
2019.2.8 Demurrer 198
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.8
Excerpt: ...Unlawful Detainer is OVERRULED. Bon Vivant is to file an answer to the complaint within five days. Defendant Jacques Florentino's Demurrer to Complaint for Unlawful Detainer is dismissed as moot. FACTUAL BACKGROUND This is an unlawful detainer action. Plaintiff is the lessor as the successor in interest to the landlord under a lease attached to the Complaint as Exhibit 1. Defendant Bon Vivant is the lessee under the lease as a successor in intere...
2019.2.7 Motion to Compel Compliance with Subpoena 672
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.7
Excerpt: ...TED for all documents created between May 29, 2015 and July 11, 2016. FACTUAL BACKGROUND The facts as relevant to this motion are as follows. On July 9, 2012 plaintiff Jordan Grossman (“Grossman”) and defendant/cross-complainant Jessica Herwill (“Herwill”) were involved in an automobile accident caused by third party, Devin Bancroft. Herwill filed a lawsuit against Bancroft, as did Grossman, and those actions were subsequently consolidate...
2019.2.7 Demurrer 198
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.7
Excerpt: ...r Unlawful Detainer is OVERRULED. Bon Vivant is to file an answer to the complaint within five days. Defendant Jacques Florentino's Demurrer to Complaint for Unlawful Detainer is dismissed as moot. FACTUAL BACKGROUND This is an unlawful detainer action. Plaintiff is the lessor as the successor in interest to the landlord under a lease attached to the Complaint as Exhibit 1. Defendant Bon Vivant is the lessee under the lease as a successor in inte...
2019.2.7 Motion to Compel Further Responses 119
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.7
Excerpt: ... Global MJ Immigration Services, APC's Motion to Compel Further Responses to Requests for Production, Set One, from Plaintiffs Un A. Sohn and Oyang Immigration Services, APC, is GRANTED in part as to Requests No. 15–17, 19, 28–30, 37–39, and 49–51, such that Plaintiffs must provide either a verified statement of compliance under Code of Civil Procedure § 2031.220 or a verified statement of objections under Code of Civil Procedure § 2031...
2019.2.5 Demurrer, Motion to Stay Proceedings 022
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.5
Excerpt: ...VE]RULING RE: DEFENDANT AHMAD KHALIFA, M.D.'S DEMURRER TO THE FIRST AMENDED COMPLAINT DEFENDANT AHMAD KHALIFA, M.D.'S MOTION TO STAY PROCEEDINGS FACTUAL BACKGROUND This is an action for medical negligence. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Karson Curtis (“Curtis”) was born to his mother, Plaintiff Dana K. Dunmore (“Dunmore”) on January 16, 2014. (FAC ¶ 21.) Curtis and Dunmore received care associated w...
2019.2.5 Motion to Compel Further Responses 119
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.5
Excerpt: ...Responses to Requests for Production, Set One, is GRANTED. FACTUAL BACKGROUND This is an action for breach of the duty of loyalty. The Complaint alleges as follows. Plaintiffs Steve Sohn (“Steve”) and Un A. Sohn (“Un”) owned and managed Plaintiff Oyang Immigration Services, APC (“Oyang”). (Complaint ¶ 11.) In 2013, Steven announced that he would be selling Oyang. (Complaint ¶ 13.) He would sell the property at a discounted price to ...
2019.2.5 Motion to Enforce Settlement 866
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.5
Excerpt: ...ight to renew the motion if payments are not received after Larian has fulfilled her obligations under the contract. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff Mojgan Larian (“Larian”) was married to Albert Talassazan (“Albert”) from 1992 until the marriage's dissolution in 2010. (Complaint ¶¶ 12A, 12E.) In 2005, during the marriage, Albert acquired an 8% interest in Defendant Essr Chai, ...
2019.2.5 Motion to Tax Costs 451
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.5
Excerpt: ...s a limited personal injury action in which Plaintiff Yea Jin Shin (“Shin”) alleges that Defendant Timothy Michael Russell (“Russell”) negligently injured her with a vehicle on the Northbound 5 Freeway. PROCEDURAL HISTORY Shin filed the Complaint on August 31, 2016, alleging one count of negligence. Trial in this matter was concluded on March 2, 2018, and judgment was entered in favor of Russell on May 25, 2018. Russell filed the memorand...
2019.2.1 Motion to Compel Arbitration 974
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.2.1
Excerpt: .... The Complaint alleges as follows. Plaintiff Irma Soria (“Soria”) was hired by Defendant The Salvation Army (“SA”) at its Bellflower location in 2012 as an administrative assistant. (Complaint ¶ 19.) Soria was 54 years old when she was hired. (Complaint ¶ 20.) In September 2016, Soria noticed financial irregularities in the way the pastor/manager of the Bellflower location was managing finances. (Complaint ¶ 22.) She raised the concer...
2019.1.31 Motion to Tax Costs 484
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.31
Excerpt: ...intiff Michael Berlin, M.D. (“Berlin”) alleges that defendants Patrick Johnson, M.D. (“Johnson”) and Cedars Sinai Medical Center (“CSMC”) fell below the standard of care during a spinal surgery performed on Berlin on April 8, 2014. (FAC ¶¶ 10–13.) Berlin alleges that he did not discover the facts underlying this cause of action until December 9, 2014. (Ibid.) PROCEDURAL HISTORY Dr. Berlin filed his Complaint on March 2, 2016, alle...
2019.1.31 Motion for Terminating Sanctions 724
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.31
Excerpt: ...or conversion and unjust enrichment. The Complaint alleges as follows. Plaintiff Yoon Kyung Kang (“Kang”) owned 60% of a business. (Complaint ¶ 6.) Defendant Jin Won Kim (“Kim”) was the store manager of the business. (Complaint ¶ 7.) Kim took advantage of his position in June and September 2016 by (1) changing the name of the business without the notice or consent of Kang, and (2) by selling the business for $354,500, without distributi...
2019.1.31 Motion for Leave to File Amended Complaint 350
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.31
Excerpt: ...andhir Tuli (“Tuli”) alleges claims for breach of contract and fiduciary duties, as well as claims for unfair competition. At the heart of this case is whether the Governing Board of defendant Specialty Surgical Center of Thousand Oaks (“SSC”) properly terminated Tuli under the operative Third Amended and Restated Operating Agreement (“Operating Agrement”) as a Member of the Board of SSC based on his sending a letter through his couns...
2019.1.31 Demurrer 945
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.31
Excerpt: ...GROUND This is an action for declaratory relief and unjust enrichment. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Scottsdale Indemnity Company (“Scottsdale”) issued a policy for Defendant Sunset Doheny Homes Association (“Sunset”) for liability and defense against certain claims. (FAC ¶¶ 3–5.) The policy obligates Sunset to provide information that Scottsdale requests. (FAC ¶¶ 6–7.) Sunset was sued in 20...
2019.1.30 Motion to be Relieved as Counsel 103
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.30
Excerpt: ... conversion and fraud action arising out of the sale of an “all-you-can-eat” Korean barbeque restaurant and a soured romantic relationship. Plaintiff LB Global, Inc. (“LB Global”) is a corporation organized by cross-defendant Chris Kang (“Kang”) for the purpose of operating a Korean barbeque restaurant located at 3600 Wilshire Boulevard in Los Angeles California. (First Amended Complaint (“FAC”) ¶¶ 2, 25.) Kang is currently LB G...
2019.1.29 Motion to Quash Deposition Subpoenas 855
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.29
Excerpt: ...The Complaint alleges as follows. Plaintiff Joel Javier (“Javier”) served in the Army from 2001 to 2005 and served in Iraq, where he sustained disabilities including PTSD, infertility, and disabling damage to his knees and shoulders. (Complaint ¶ 8.) Javier was hired by Defendant Aramco Imports, Inc. (“AII”) in February 2017. (Complaint ¶ 9.) Because of his injuries, he was required to attend regular medical appointments. (Complaint ¶ ...
2019.1.28 Demurrer, Motion to Strike 615
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.28
Excerpt: ...dants Paul Brant Williger and Paul Brant Williger, Inc.'s Motion to Strike Portions of the Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence and fraud. The Complaint alleges as follows. Plaintiffs Marc Smith and Nan Rochelle Smith (“Plaintiffs”) purchased residential property on Stradella Road in Los Angeles in January 2016 in order to remodel the residence and use it for themselves. (Complaint ¶ 9.) In May 2016, Plain...
2019.1.28 Motion for Leave to File Amended Complaint 324
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.28
Excerpt: ... BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Nick Engineering, Inc. (“Nick”) entered into a series of oral agreements with Defendant Breen Engineering, Inc. (“Breen”) whereby Nick would provide various engineering services to Breen in exchange for payment. (Complaint ¶ 7.) Although Nick provided these services, Breen has failed to pay the balance due. (Complaint ¶¶ 7–8.) Breen's Cr...
2019.1.28 Motion for Summary Judgment, Adjudication 601
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.28
Excerpt: ...otion for Summary Judgment or Summary Adjudication against the The Estate of Frank Cho's Cross-Complaint is DENIED. FACTUAL BACKGROUND This is a case for contribution stemming from cleanup costs associated with contaminated soil surrounding a dry-cleaner. The Complaint alleges that Plaintiff James J. Kim (“Kim”) has owned 201 South Glendale Avenue (the “Palace Site”) since 1979, and conducted drying cleaning operations there under the bus...
2019.1.28 Motion to Compel Responses 254
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.28
Excerpt: ...Simon Palagashvili is GRANTED. Sanctions are awarded in the amount of $1,460.00 against Palagashvili and his counsel, and payable within 30 days. FACTUAL ALLEGATIONS This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose o...
2019.1.25 Demurrer, Motion to Strike 796
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.25
Excerpt: ...nc.'s Motion to Expunge Lis Pendens is GRANTED. Plaintiff Erlinda Delmo Marte's Motion to Consolidate Three Cases is DENIED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The First Amended Complaint alleges as follows. Plaintiff Erlinda Delmo Marte (“Marte”) evidently had a deed of trust executed on certain real property on Camero Avenue in Los Angeles. (FAC ¶¶ 3, 17.) Defendants Atlantic Funding (“Atlantic”), SJU Inves...
2019.1.23 Motion to Compel Further Responses 561
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.23
Excerpt: ...- Parties Google LLC and YouTube, LLC is GRANTED. Plaintiff's request for Sanctions id DENIED. . FACTUAL BACKGROUND This is a defamation case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Nelson (“Nelson”) on July 31, 2016, invited a vegan YouTube personality to speak at an expo that Nelson holds each year. (FAC ¶ 18.) After Nelson announced the speakers, John Does, posing pseudonymously as Chantelle Robin (“R...
2019.1.23 Motion for Summary Judgment, Adjudication 601
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2019.1.23
Excerpt: ... is GRANTED as to the Tenth Cause of Action for Breach of Contract, and DENIED as to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action. FACTUAL BACKGROUND This is a case for contribution stemming from cleanup costs associated with contaminated soil surrounding a dry-cleaner. The Complaint alleges that Plaintiff James J. Kim (“Kim”) has owned 201 South Glendale Avenue (the “Palace Site”) since 1979, and c...
2018.8.9 Motion to Compel Further Responses 324
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.9
Excerpt: ... for Production of Documents, Set Two, is GRANTED as to Requests No. 43, 45–59, 64 <0056000300530058005500 000300440051005c0003[of these requests, and Request No. 44, which seeks only Breen's tax returns, is DENIED. The motion is likewise DENIED as to Requests No. 60–63, and 66. Both parties' requests for sanctions are DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Nick Enginee...
2018.8.8 Motion to Strike 322
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.8
Excerpt: ...rising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed for their Santa Clarita residence executed in Arthur's favor during their marriage had been a fraud perpetrated...

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