Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

228 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Dukes, Robert A x
2018.8.14 Motion to Quash Service of Summons 940
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.14
Excerpt: ...Androgenic Research, LLC (“Anabolic”) moves to quash service for lack of personal jurisdiction. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP §418.10(a)(1).) When a nonresident defendant challenges personal jurisdicti...
2018.8.13 Motion to Require Posting of Security 975
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.13
Excerpt: ...ch of Contract. Defendant Coats moves for an order for Plaintiff Ward to post an undertaking per CCP 1030 because Plaintiff resides out of state. (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be...
2018.8.9 Demurrer, Motion to Strike 679
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.9
Excerpt: ...to file and serve their Answers within 10 days. Defendants Yeh and Sootodeh demur to the 5 th cause of action on the ground that it fails to state facts sufficient to constitute causes of action. 5TH CAUSE OF ACTION INTENTIONAL INTERFERENCE WITH CONTRACT: The elements are: 1) valid contract between plaintiff and third party; 2) defendant's knowledge of that; 3) defendant's intentional acts designed to induce disruption of the relationship...
2018.8.9 Motion for Summary Judgment, Adjudication 940
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.9
Excerpt: ...d/or adjudication pursuant to CCP 437c. Defendant's evidentiary Objection 18 is sustained. Remaining objections are overruled. StandardA defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) ISSUE 1 PRODUCT SALE: Defendant contends summary judgment is proper because th...
2018.8.9 Demurrer, Motion to Strike 154
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.9
Excerpt: ... to file and serve their Answers within 10 days. Defendants Key Point Management, LLC, Shuerman, and Hill demur to all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616...
2018.8.8 Motion for Summary Judgment 934
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.8
Excerpt: ...entitling the party to judgment on the cause of action. Once met, the burden then shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP 437c(p)(1).) The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (Reichert v. General Ins....
2018.8.7 Motion for Summary Judgment, Adjudication 964
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.7
Excerpt: ...ck Public Adjusters, Inc. moves for summary judgment and/or summary adjudication of issues pursuant to CCP 437c. Defendant's evidentiary objections are overruled. Standard A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) Issue 1 Defendant contends it is not liab...
2018.8.7 Demurrer 113
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.7
Excerpt: ...hey fail to state facts sufficient to constitute a cause of action. ALL CAUSES OF ACTION The 1 st – 2 nd causes of action allege continuing private and public nuisances regarding the existence of hazardous substances. The 3 rdcause of action allege waste for harm from the contaminants and fill dirt. The 4 th cause of action allege declaratory relief on the same issues of nuisance and waste. Collateral estoppel bars relitigation of all factual i...
2018.8.6 Petition for Appointment of Neutral Arbitrator 399
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.6
Excerpt: ... If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason...
2018.8.2 Motion to Tax Costs 135
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.2
Excerpt: ...evidence, documentary and oral, of the services actually performed; and (2) expert opinion, by the applicant and other lawyers, as to what would be a reasonable fee for such services. (Martino v. Denevi (1986) 182 Cal. App. 3d 553, 558-59.) In many cases, however, the trial court will be aware of the nature and extent of the attorney's services from its observation of the trial proceedings and the pretrial and discovery proceedings reflected ...
2018.8.2 Application for Preliminary Injunction 429
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.2
Excerpt: ...e court is not in receipt of any proof of service showing proper service of the TRO. If service is cured, the application for preliminary injunction will be GRANTED. Plaintiff applies for a preliminary injunction to enjoin Defendant from transferring title of the motor home, and from further executing on the title to the mobile home or transferring any further interest in the mobile home. In deciding whether to issue a preliminary injunction, a t...
2018.8.1 Motion for Summary Judgment, Adjudication 633
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.8.1
Excerpt: ...ATIVE RULING <0003004700580048000300 004f004f005600030050>ovie cardboard display placed in the lobby of the AMC theater located in the City of Industry, California. The Complaint, filed 1/20/17, asserts causes of action for: 1. Premises Liability 2. Negligence 3. Strict Products Liability 4. Breach of Express Warranty 5. Breach of Implied Warranty 1. Fox MSJ Defendant Twentieth Century Fox Film Corporation's motion for summary judgment is GRANTED...
2018.7.31 Motion to Set Aside Request for Dismissal 575
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.31
Excerpt: ...aside Plaintiff's dismissal of the entire action filed on 5/29/18 pursuant to CCP 430.41(e). According to Defendant, Plaintiff filed the dismissal while Defendant's demurrer to the TAC was still pending to avoid the mandatory constraint of CCP 430.41(e)(1), which requires “an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action” if the Comp...
2018.7.31 Motion to Dismiss 071
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.31
Excerpt: ...ss the complaint pursuant to CC 1780(d). An action under subdivision (a) or (b) may be commenced in the county in which the person against whom it is brought resides, has his or her principal place of business, or is doing business, or in the county where the transaction or any substantial portion thereof occurred. In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating f...
2018.7.30 Motion to Terminate Sanctions, Issue Evidentiary Sanctions, Request for Monetary Sanctions 771
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.30
Excerpt: ...t to CCP 2023.010 et seq. The motion does not contain a proof of service, showing proper service of the notice and motion. The court is now in receipt of Plaintiff's “Responses to Motion to Enforce order. Plaintiff, previously pro per, retained counsel on May 16, 2018. The present motion was filed on May 9, but according to counsel for Plaintiff when counsel for Defendant was contacted about the motion he was told the motion would eventually se...
2018.7.26 Motion to Bifurcate the Issues 506
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.26
Excerpt: ...s pursuant to CCP 1048. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United...
2018.7.26 Motion to Compel Further Responses 496
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.26
Excerpt: ...unsel, jointly and severally, in the sum of $2,000.00, payable within 30 days. Defendant Ley Drew, Inc. moves to compel further responses to requests for production of documents, set two pursuant to CCP 2031.010. CCP 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion...
2018.7.25 Motion to Amend Complaint 458
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.25
Excerpt: ...g. (CCP 473; and see CCP 576.) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) <004b00030018001b001400 > In opposition, the Defendant contends the claim fails because the trust is not vague or ambiguous. However, courts generally do not consider the validit...
2018.7.25 Demurrer, Motion to Strike 943
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.25
Excerpt: ...e complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds that the causes of action are not so uncertain that Defendant cannot reasonably respond. Demurrer on this ground is OVERRULED. 1st – 2 nd CAUSE OF ACTION BREACH OF CONTRACT: The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff's performance or excuse for nonperf...
2018.7.9 Demurrer 926
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.9
Excerpt: ...rer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds the Complaint is not so uncertain that Defendant cannot reasonably respond. Demurrer on this ground is OVERRULED. 1ST, 2 ND , and 6 TH CAUSES OF ACTION B&P 17200, FAILURE TO PAY OVERTIME, and FAILURE TO PROVIDE WAGES WHEN DUE: Employees in C...
2018.7.9 Motion to Quash Service of Process 002
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.9
Excerpt: ...risdiction is GRANTED. Specially Appearing Defendant Outdoor Brands International, LLC (“Outdoor”) moves to quash service for lack of personal jurisdiction. Defendant's objections are overruled. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court...
2018.7.6 Application for Right to Attach Order 347
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.6
Excerpt: ...se. Due process generally requires a notice and hearing prior to seizure of property. (Sniadach v. Family Finance Corp. (1969) 395 US 337, 342.) Prior to the hearing date, Plaintiff must serve defendant with: 1) a copy of the summons and complaint; 2) a notice of application and hearing; and 3) a copy of the application and of any affidavit in support of the application. (CCP 484.040; 1005.) If the papers are served by mail, the notice period is ...
2018.7.5 Application for Default Judgment 960
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.5
Excerpt: ...us. (Neal v. Farmers Ins. Exchange (1978) 21 Cal.3d 910, 928; Adams v. Murakami (1991) 54 Cal.3d 105, 110-112 - 54 Cal.3d 105 – “A reviewing court cannot make a fully informed determination of whether an award of punitive damages is excessive unless the record contains evidence of the defendant's financial condition… we have repeatedly examined punitive damage awards in light of the defendant's financial condition. This simple princ...
2018.7.5 Motion for Summary Adjudication, to Bifurcate 414
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.5
Excerpt: ...ital, LP, C. Chang, Panpacific Health Enterprises, Inc., and Prime Healthcare Services, Inc. TENTATIVE RULING 1. MSA Defendants East Valley Glendora Hospital, LP, C. Chang, Panpacific Health Enterprises, Inc., and Prime Healthcare Services, Inc.'s motion for summary adjudication is DENIED. Plaintiff's evidentiary objections 1-5 are sustained. Defendants East Valley Glendora Hospital, LP, C. Chang, Panpacific Health Enterprises, Inc., and Prime He...
2018.7.5 Motion to Deem Truth of Matters Specified 626
Location: Los Angeles
Judge: Dukes, Robert A
Hearing Date: 2018.7.5
Excerpt: ...ff: The Court Reservation System (“CRS”) receipt attached to the motion indicates that it was reserved for hearing asone motion to compel further discovery responses. Plaintiff filed one motion under the reservation number 180605319939, but the motion addresses more than one separate discovery requests. Plaintiff is admonished to adhere to CRS guidelines and to file (and pay for) separate motions for each discovery vehicle at issue. This depa...

228 Results

Per page

Pages