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2018.8.14 Demurrer, Motion to Strike 322
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.14
Excerpt: ... for fraud, defamation, and wrongful eviction arising 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 dur...
2018.8.14 Motion to Compel Further Responses 534
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.14
Excerpt: ...e estate of Inez Henderson's Motion to Compel Further Responses to Request for Production, Set Four, will be DENIED if supplemental responses are produced by the date of hearing as indicated in the Opposition to the motion. FACTUAL BACKGROUND This is a wrongful death and elder abuse case. The Complaint alleges as follows. Decedent Inez Henderson (“Henderson”) was 77 years old when she was admitted to the care of defendant Providence Health Sy...
2018.8.13 Motion for Attorney Fees 322
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.13
Excerpt: ... Lemon Law case. Plaintiffs Maria Rendon (“Rendon”) purchased a new 2013 Ford Focus (the “Focus”) on August 25, 2013. (Complaint ¶ 7.) The Focus was equipped with the DPS6 PowerShift Transmission, an “automated manual” transmission that uses two computer control clutches to shift gears, rather than a single, driver-operated clutch as in a manual transmission or a torque converter as in a traditional automatic transmission. (Complaint...
2018.8.13 Demurrer 322
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.13
Excerpt: ...ing 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 by...
2018.8.10 Motion to Set Aside Entry of Default 729
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.10
Excerpt: ...h of contract. The Complaint alleges as follows. On April 1, 2015, Plaintiff Gladys M. Ross (“Ross”) and Defendant Sherist I. Rodriguez (“Rodriguez”) entered into an agreement where each would be a 50% shareholder in Medical Billing Services of America, Inc. (“MBSA”), which Ross then owned. (Complaint at p. 4.) Rodriguez was to pay Ross $250,000 for the shares. (Complaint at p. 4.) The parties also negotiated a sale of MBSA assets to ...
2018.8.3 Motions in Limine 172
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.3
Excerpt: ... written warranty for the vehicle. (Complaint ¶ 4.) The vehicle contained a defect in its Totally Integrated Power Module (“TIPM”), which can cause any number of electrical issues and which poses a substantial safety hazard. (Complaint ¶¶ 10–15.) FCA knew about the TIPM defects. (Complaint ¶ 17.) FCA did not disclose these defects to Johnson at any time. (Complaint ¶ 89.) Johnson has attempted to repair the deect several times. (Compla...
2018.8.3 Motion to Stay Case 608
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.3
Excerpt: ...and hour case. The Complaint alleges as follows. Plaintiff Alejandra Garcia (“Garcia”) was employed by Defendant NRI USA, LLC (“NRI”). (Complaint ¶ 1.) During her employment with NRI, NRI failed to provide meal and rest breaks required by law; failed to pay overtime or minimum wages; failed to pay all wages due upon termination; failed to keep accurate records or itemize wage statements; and failed to indemnify employees for necessary ex...
2018.8.3 Motion to Compel Arbitration 470
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.3
Excerpt: ...as follows. Plaintiff Chase Wybenga (“Wybenga”) worked for Defendant Cintas Corporation No. 3 (“Cintas”) for seven years, from 2010 to May 2017. (Complaint ¶ 7.) In January 2017, Wybenga began suffering from stress, depression, and anxiety, requiring that he seek a leave of absence. (Complaint ¶¶ 10–11.) This was granted him, and he returned to work in March 2017. (Complaint ¶ 11.) This was too soon of a return, so Wybenga requested...
2018.8.3 Demurrer 231
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.3
Excerpt: ...nedy Outdoor Advertising, LLC's Demurrer to the Complaint is OVERRULED. . FACTUAL BACKGROUND This is an action for breach of contract and fraud on a legal services agreement. The Complaint alleges as follows. Defendants David Seyde (“Seyde”) and Brian Kennedy (“Kennedy”) own and operate various outdoor advertising companies. (Complaint ¶¶ 18–26.) In April 2013, Plaintiff Affeld Grivakes LLP (“AG”) was retained by Seydes to represe...
2018.8.2 Motion to Reopen Discovery, Compel Deposition 339
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.2
Excerpt: ...ount of $8851.50. FACTUAL BACKGROUND This is an employment discrimination and retaliation. The Complaint alleges as follows. Plaintiff Tedros Amare (“Amare”), a black man, was employed by the Defendant City of Gardena (“Gardena”). (Complaint ¶ 3.) He alleges that he was treated differently from other employees because of his race (Complaint ¶ 23) and was retaliated against after making a complaint of this treatment to his employer. (Com...
2018.8.2 Motion for Sanctions 604
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.2
Excerpt: ...pour allege that they are former employees of Defendants TC Lounge, Inc. and Ahmad Massoud. (Complaint ¶ 12.) Plaintiffs allege that throughout their employment with Defendants, they were misclassified as independent contractors, leading to various labor law violations. (Complaint ¶ 17.) PROCEDURAL HISTORY Plaintiffs filed their Complaint on June 8, 2017, alleging eight causes of action: 1. Failure to Pay Minimum Wage 2. Unpaid Wages 3. Unpaid ...
2018.8.2 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.2
Excerpt: ...leventh Cause of Action for Elder Abuse, and OVERRULED as to all other causes of action. Defendants James Humber and James M. Humber Company's Motion to Strike Portions of the First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of an insurance contract and intentional interference therewith. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Martin and Esperanza Osorio; Lina Cruz; Antonio, Sara, ...
2018.8.1 Motion for Attorneys' Fees 210
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.1
Excerpt: ...] worked for defendant CSK Auto, Inc. ("CSK") as a non-exempt "Parts Specialist" from March 2012 until May 2012 at CSK's Ontario, California location. (Second Amended Complaint ("SAC") ¶ 22.) The SAC alleges that Pedroza and similarly situated employees were not paid for all hours worked because not all hours were recorded, were not paid overtime, were not paid at least minimum wage for work done off the clock, did no...
2018.8.1 Demurrer, Motion to Strike 231
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.8.1
Excerpt: ...t is SUSTAINED, with leave to amend, as to the Second Cause of Action for Battery and the Third Cause of Action for Elder Abuse. Defendants Gustavo Machicado and Gustavo A. Machicado, M.D., and Medical Corporation's Motion to Strike Portions of the First Amended Complaint is GRANTED as to the prayer for punitive damages and request for attorney's fees, with leave to amend, and DENIED as to the prayer for general damages. FACTUAL BACKGROUND This i...
2018.7.31 Motion for Clarification of Order Appointing Appraisers 496
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.31
Excerpt: ...nants Cathy B. Scullin, Robert F. Scullin, and Kenneth Himmler's Motion for Clarification of an Order Appointing Appraisers is DENIED. FACTUAL BACKGROUND This is a case for the partition by sale of a co-owned LLC. Ventura Gaviota, LLC is a limited liability company. (Complaint ¶ 4.) The members of Ventura Gaviota are Plaintiffs Michael A. Zugsmith and Rachel Susan Zugsmith, Trustees of The Zugsmith Family Trust (collectively, “Zugsmith Trust�...
2018.7.31 Motion to Approve Stipulated Consent Judgment 354
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.31
Excerpt: ...unctive relief to enforce Health & Safety Code § 25249.7. Plaintiff is Ecological Alliance, LLC (“EA”), and Defendant is Implus Footcare, Inc. (“Implus”). EA contends that Implus manufactures products that contain a chemical listed in Proposition 65 without warning California citizens. (Complaint ¶ 2.) PROCEDURAL HISTORY EA filed the Complaint on February 13, 2018, alleging one cause of action for Violation of Proposition 65. EA filed t...
2018.7.31 Motion to Compel Further Responses 824
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.31
Excerpt: ... Fitness, LLC, Core Fitness, LLC, and Core Industries, LLC's Motion to Compel Further Responses to Requests for Production, Set One, is GRANTED. Defendant Bassi Edlin Huie & Blum's Motion to Compel Further Responses to Request for Production, Set One, is DENIED. FACTUAL BACKGROUND This is an action for bad faith breach of contract and legal malpractice. The Complaint alleges as follows. Plaintiffs Core Health & Fitness, LL, Core Fitness, LLC, and...
2018.7.30 Motion to Compel Deposition, to Stay Deposition and Quash Deposition Notice, for Protective Order 824
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.30
Excerpt: ...ER. Plaintiffs Core Health & Fitness, LLC, Core Fitness, LLC, and Core Industries, LLC's Motion to Compel Attendance at Deposition is GRANTED subject to the conditions set forth in Section III hereof. Defendant National Union Fire Insurance Company of Pittsburgh, PA's Request for Judicial Notice is GRANTED Defendant National Union Fire Insurance Company of Pittsburgh, PA's Motion to Stay Deposition, Quash Deposition Notice, and/or for Protective ...
2018.7.30 Motion for Leave to File Complaint 867
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.30
Excerpt: ...Company, Moss Management Services, Inc., Rachel Pozo, and Justin Verstegen's Motion for Leave to File First Amended and Supplemental Complaint is GRANTED. FACTUAL BACKGROUND Plaintiff 1709 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. (�...
2018.7.30 Motion for Attorney's Fees 819
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.30
Excerpt: ... This is a wage and hour case. Plaintiff Seunghoon Kim (“Kim”) alleges that at various periods from on or about August 2012 to July 2015, he was employed by defendant SH Premium as a nonexempt employee primarily engaged in chauffeuring SH Premium management, providing manual labor, gardening, cleaning, and performing personal assistant and scheduling services. (Complaint ¶ 9.) Kim alleges that he worked in excess of 40 hours per week without...
2018.7.27 Motion to Compel Arbitration, Stay Proceedings 984
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.27
Excerpt: ...omplaint alleges as follows. Plaintiff Reza Javaherpour (“Javaherpour”) is a 71 year old man. (Complaint ¶ 21.) He was employed by Defendant Sun-Hill Properties, Inc. (“Sun-Hill”) as a Food and Beverages Manager or Director of Food and Beverages from March 2003 to March 2017. (Complaint ¶ 22.) In March 2012, Javaherpour sustained an injury to his knee while walking down the stairs at work. (Complaint ¶ 27.) Javaherpour underwent knee s...
2018.7.27 Demurrer, Motion to Strike 340
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.27
Excerpt: ...mise Hospital of East Los Angeles, LP's Demurrer to the Second Amended Complaint is OVERRULED. Defendant Southern California Healthcare System, Inc.'s Motion to Strike Portions of the Second Amended Complaint is DENIED. Defendant Promise Hospital of East Los Angeles, LP's Motion to Strike Portions of the Second Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for elder abuse. The Second Amended Complaint (“SAC”) alleges as fo...
2018.7.25 Demurrer 828
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.25
Excerpt: ...UND This is an action for breach of an insurance contract and intentional interference therewith. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Martin and Esperanza Osorio; Lina Cruz; Antonio, Sara, and Irma Carrera; Irma, Humberto, Ronnie, Jesus, Cindy, Michael, and Samantha Martinez (a minor represented through guardian ad litem Irma Martinez); Adrian, Fonseca, and Jamie-Lynn Martinez (another minor represented through ...
2018.7.25 Motion for Leave to File Complaint 867
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.25
Excerpt: ...mpany, Moss Management Services, Inc., Rachel Pozo, and Justin Verstegen's Motion for Leave to File First Amended and Supplemental Complaint is GRANTED. FACTUAL BACKGROUND Plaintiff 1709 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. (“M...
2018.7.24 Motion to Compel Arbitration 340
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.24
Excerpt: ...omplaint (“FAC”) alleges as follows. Plaintiff Susannah O'Brien is the CEO of Plaintiff Sahara Vision Productions, LLC (collectively referred to as “O'Brien”). (FAC ¶¶ 1–2.) In November 2014, O'Brien met with Defendant John Richard Rogers (“Rogers”), who represented himself as an agent of Defendant Hannover House, Inc. (“House”), to discuss a potential representation contract for O'Brien and a film that she had produced. (FAC ...
2018.7.19 Motion to Quash Subpoena 049
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.19
Excerpt: ...nation and retaliation case. The Complaint alleges as follows. Plaintiff Alexander James Larson (“Larson”) is a veteran. (Complaint ¶ 6.) Since August 2012, Larson worked as Director of Security for Kaiser Permanente – Los Angeles Medical Center (“LAMC”). (Complaint ¶ 8.) In January 2015, Larson witnessed his superior, Gonzalo Marquez (“Marquez”) behaving aggressively and belligerently with the executives for LAMC's parking servic...
2018.7.19 Motion for Reconsideration 545
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.19
Excerpt: ...es as follows. Plaintiff Jessica Tucker (“Tucker”) purchased a 2015 Ford Mustang, which included an express warranty. (Complaint ¶ 6.) The vehicle was delivered to Tucker with serious defects, including but not limited to “engine, transmission, engine and electrical defects.” (Complaint ¶ 7.) Tucker delivered the vehicle to an authorized Ford repair facility for repair of the nonconformities, but Ford wrongfully denied warranty coverage...
2018.7.18 Demurrer, Motion to Strike 231
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.18
Excerpt: ... the First Amended Complaint is SUSTAINED, without leave to amend, as to the Third Cause of Action for Elder Abuse. Defendants Defendants Laurence M. Silverstein and Laurence M. Silvestein, M.D., Inc.'s Motion to Strike Portions of the First Amended Complaint is GRANTED as to the prayer for punitive damages and request for attorney's fees, without leave to amend. FACTUAL BACKGROUND This is an action for medical negligence and elder abuse. The Fir...
2018.7.17 Demurrer 896
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.17
Excerpt: ... Demurrer to the First Amended Complaint is SUSTAINED, with leave to amend, as to the Tenth Cause of Action for Defamation, and OVERRULED as to the First and Eleventh Causes of Action. FACTUAL BACKGROUND This is an action for employment harassment and discrimination. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Charise Parker-Nicholson (“Plaintiff”) is a 51 year old African-American woman. (FAC ¶ 8.) She began her em...
2018.7.16 Motion for Summary Judgment, Adjudication 189
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.16
Excerpt: ...ON. Defendant West Hills Home Care II's Motion for Summary Judgment is GRANTED. FACTUAL BACKGROUND This is a wrongful death and elder abuse case. The following facts are taken from Defendant West Hills Home Care II's (“WHHC”) Separate Statement of Undisputed Material Facts (“SUMF”), as Plaintiffs have not submitted an opposition. Before her admission at WHHC in January 2014, Decedent Edna Fry (“Fry”) had several co- morbidities, inclu...
2018.7.16 Motion for Relief 520
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.16
Excerpt: ... This is an action for declaratory relief on a contract. The Complaint alleges as follows. Plaintiff is Berney Law Corporation (“BLC”), which represented Defendant Robert G. Bartlett (“Bartlett”) in two legal disputes. (Complaint ¶ 4.) In the first matter, BLC secured a settlement of the claim and Bartlett agreed in writing to pay BLC a fixed sum on a monthly basis upon Bartlett's receipt of the settlement proceeds. (Complaint ¶ 5.) Bar...
2018.7.16 Demurrer 801
Location: Los Angeles
Judge: Draper, Robert
Hearing Date: 2018.7.16
Excerpt: ...an action for breach of fiduciary duty and other associated torts. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Margaret Jewett (“Jewett”) purchased the right to occupy a unit of Defendant Figueroa Arms Apartments, Inc. (“FAA”) on May 1, 1988. (TAC ¶ 15.) Jewett alleges a history of antagonistic action by the FAA board, including a failure to return Jewett's security deposit or acknowledge a related agreement (TA...

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