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2018.3.2 Motion to Compel Responses, Request for Sanctions 387
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.3.2
Excerpt: ...ed a surgical procedure on him, causing him injury. The complaint, filed May 16, 2017, alleges a single cause of action for medical malpractice. Defendant Providence Health System – Southern California, dba Providence Saint Joseph Medical Center (“Providence”) filed a motion to compel responses from Plaintiff for its Request for Identification and Production of Documents (“RPD”), set one. <00510057004c0049004900 00460052005900480055>y r...
2018.3.2 Motion to Compel Further Responses, Request for Sanctions 501
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.3.2
Excerpt: ... in 2012-2015 obtained all legal rights to certain accounts receivable owned by VSE, one of which was Defendants Meyghan Hill (“Hill”) and James Scott's (“Scott”). (Id., ¶3.) VS alleges Defendants entered into a promissory notes with VSE and contract. (Id., ¶4.) Hill was a student of VSE and on June 11, 2009, entered into a written agreement, “Video Symphony Career Training Program Enrollment Agreement”, and enrolled in VSE's Film &...
2018.3.2 Motion to be Relieved as Counsel
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.3.2
Excerpt: ...isite forms pursuant to CRC Rule 3.1362. Counsel properly served Defendant at her last known mailing address, which was confirmed by conversation within the past 30 days of filing the motion. Plaintiff's counsel was also served with the motion by mail. Counsel declares that Counsel is bringing this motion because Defendant did not consent to Counsel's request to be relieved as counsel. (MC-052 at §2.) Counsel further declares that there are irre...
2018.3.2 Demurrer 243
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.3.2
Excerpt: ...r related to Defendant's operations at Oak Knoll Center in E D et al. v. County of Los Angeles et al. (LASC Case No. BC457096, “Liability Action”). Plaintiff alleges that on June 9, 2009, the parties entered into a written contract entitled, “Department of Mental Health Legal Entity Agreement” (“DMH Agreement”), whereby Defendant agreed to provide certain mental health services to its students, such as Herbert Flores who is the allege...
2018.2.23 Demurrer 063
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.23
Excerpt: ...Platinum Delta SkyMiles Credit Card, currently ending in 3003, for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the card. Defendant was issued a Platinum Card, currently ending in 8002. Plaintiffs allege that Defendant has filaed to pay back sums owing on the credit cards. The complaint, filed August 1, 2017, alleges causes of action for: (1) common counts: book account, account stated; (2) com...
2018.2.23 Demurrer, Motion to Strike 527
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.23
Excerpt: ... the agreement, Defendant allegedly agreed to manufacture and provide conforming health bar products at Plaintiff's specifications. On June 12, 2017, Defendant learned its products contained potentially life- threatening contamination of listeria monocytogenes, and thus recalled about 25,000 nutrition bars. (Id., ¶3.) Plaintiff alleges it complied with the recall and sought compensation from Defendant pursuant to the indemnity provision, but Def...
2018.2.23 Motion for Change of Venue 783
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.23
Excerpt: ...eriodic minimum payments of principal and interest. Plaintiff alleges that Defendant breached the agreement by failing to make such payments as of January 5, 2009. The complaint, filed February 27, 2012, allege a causes of action for breach of contract. Defendant moves for an order changing venue to San Diego County. The Court notes that Defendant is in pro per. The motion is not opposed and is not accompanied by a proof of service, such that the...
2018.2.23 Motion for Right to Attach Order, Writ of Attachment 161
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.23
Excerpt: ...ts”) from 2004 to February 9, 2011. Union alleges that Defendants failed to perform their obligations under the retainer agreements by failing to provide case status reports, timely costs billings, and accounting. The First Amended Complaint (“FAC”), filed March 2, 2017, alleges causes of action for: (1) accounting; and (2) declaratory relief. Defendants move for a right to attach order and issuance of a writ of attachment of the property o...
2018.2.23 Motion for Summary Judgment, Adjudication 501
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.23
Excerpt: ...S on various dates in 2012-2015 obtained all legal rights to certain accounts receivable owned by VSE, one of which was Defendants Meyghan Hill (“Hill”) and James Scott's (“Scott”). (Id., ¶3.) VS alleges Defendants entered into a promissory notes with VSE and contract. (Id., ¶4.) Hill was a student of VSE and on June 11, 2009, entered into a written agreement, “Video Symphony Career Training Program Enrollment Agreement”, and enroll...
2018.2.9 Demurrer 203
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...sonal business, by converting the Cross- Complainant's property to herself, and by diverting her salary to her husband. CAUSES OF ACTION IN CROSS-COMPLAINT: 1) Breach of Fiduciary Duty 2) Conversion 3) Fraud This hearing concerns the demurrer of the Cross-Defendant, Melody Hsieh, to the third cause of action. The Cross-Defendant argues that the third cause of action for fraud lacks the particular facts needed to plead each element. The third caus...
2018.2.9 Demurrer 341
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ... to Brekenridge Property Fund was wrongful. The Plaintiff seeks damages, cancellation of the documents recorded on his property, and a declaration that the Defendants have no legal rights in his property. CAUSES OF ACTION IN FIRST AMENDED COMPLAINT: 1) Wrongful Foreclosure 2) Cancellation of Instruments 3) Declaratory Relief This hearing concerns the demurrer of the Defendant, MTC Financial Inc., to the First Amended Complaint. An initial issue i...
2018.2.9 Demurrer 603
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ... World, Inc. CAUSES OF ACTION IN FIRST AMENDED COMPLAINT: 1) Premises Liability 2) Negligence This hearing concerns Defendant Kushkyan's demurrer to both causes of action. The Defendant's sole argument is that the alter ego pleadings are insufficient. The alter ego doctrine is used to hold the persons controlling the corporation liable for the acts of the corporation when the persons are using the corporate form to perpetrate a fraud, circumvent ...
2018.2.9 Demurrer, Motion to Strike 606
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...used infection and multiple organ failure. The Defendants failed to provide John Lau with a gastroenterologist or surgeon or to transfer John Lau to another hospital where he could obtain the necessary care. As a result, John Lau passed away. On July 27, 2017 Plaintiff's motion for leave to file a Second Amended Complaint was granted and Plaintiff was ordered to file the Second Amended Complaint “forthwith.” The Court has no record that this ...
2018.2.9 Motion for Summary Adjudication 958
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...nt to pay additional utility costs for a smog station. Further, it is alleged that the Cross-Defendant breached the implied covenant of quiet enjoyment by parking cars to block access to the Cross-Complainant's business, by failing to repair and maintain common areas, by changing the terms of rental payments without explanation, by entering the premises without proper notice, by frivolously instituting an unlawful detainer action, and by failing ...
2018.2.9 Motion for Summary Judgment 489
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...ut a Court order, without exigent circumstances, and without providing notice to the Plaintiff. Trial is set for March 12, 2018. CAUSES OF ACTION IN THIRD AMENDED COMPLAINT: 1) Violation of Federal Civil Rights 2) Monell-Related Claims 3) Violation of State Civil Rights 4) Intentional Infliction of Emotional Distress 5) Abuse of Process 6) Invasion of Privacy 7) Declaratory Relief 8) Negligence This hearing concerns the motion for summary judgmen...
2018.2.9 Motion to Appoint Post Judgment Receiver 169
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...iff, De Haas Realty, Inc., for the appointment of a receiver to assist with the satisfaction of the judgment. The moving party has the burden of showing that there is a danger of irreparable injury to the moving party and that the receivership is necessary to prevent the injury. Alhambra- Shumway Mines, Inc. v. Alhambra Gold Mine Corp. (1953) 116 Cal. App. 2d 869, 873-874. In determining whether to appoint a receiver, the Court considers the avai...
2018.2.9 Motion to Compel Responses 983
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: .... One motion seeks orders regarding interrogatories, requests for production, and requests for admission with regards to Bur-Cal Management Corp. and the other motion seeks the same orders with regards to C&P Properties. A review of the motions reveals that the Plaintiff seeks separate types of discovery orders in each motion, i.e., a discovery order under CCP section 2030.290 to compel responses to interrogatories, an order under CCP section 203...
2018.2.9 Motions to Compel Further Responses 866
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...e Plaintiff's attempt to enforce judgments obtained in the Republic of Korea. The Plaintiff brought two actions in the Republic of Korea against the Defendant, John Ahn, and obtained judgments in its favor. The Plaintiff claims that the Defendant has transferred assets in an effort to avoid paying the judgments. As a result, the Plaintiff brought this action to seek remedies so that it can enforce its judgments by setting aside these fraudulent t...
2018.2.9 Motions to Compel Responses, Monetary Sanctions 903
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...9, 2018. This hearing concerns the Plaintiff's two discovery motions directed at the Defendant, Westwood Contractors, Inc. The Plaintiff's attorney, Lauren Murray, states in her declaration that the parties had agreed to extend the time to serve responses to November 22, 2017 and that the Defendant served unverified responses on that date (see proofs of service for responses in exhibit 3 to moving papers). The Plaintiff argues that the unverified...
2018.2.9 Petition to Compel Arbitration, Stay Action 181
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.9
Excerpt: ...Defendant would not cooperate. CCP section 1281.2 permits a party to file a petition to request that the Court order the parties to arbitrate a controversy. CCP section 1281.2 permits a party to file a motion to request that the Court order the parties to arbitrate a controversy. Under CCP section 1281.2, the Court may grant the motion if the Court determines that an agreement to arbitrate the controversy exists. Under section 1281.2, it is the t...
2018.2.2 Motion to Strike 267
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.2
Excerpt: ...ights, and privileges suspended, the corporation cannot sue or defend a lawsuit while its taxes remain unpaid. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2006) 136 Cal. App. 4th 212, 217-218. However, once a suspended corporation pays its taxes and obtains a certificate of revivor, the corporation may be allowed to carry on the litigation. Id. On issuance of a certificate of revivor, the corporation becomes reinstated, wit...
2018.2.2 Motion to Quash Service 805
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.2
Excerpt: ...the summons of the Complaint on him. CCP section 418.10 permits a defendant to serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the Court over the defendant. California is a jurisdiction where the original service of process, which confers personal jurisdiction, must conform to statutory requirements or all that follows is void. Honda Motor Co. v. Superior Court (1992) 10 Cal. App. 4th 1043, 1...
2018.2.2 Motion to Continue Trial 801
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.2
Excerpt: ...date. The matter was previously continued from January 26, 2018. Industrial Water Conditioning filed a supplemental brief to state that one of the Plaintiff's percipient witnesses, Darren Zuzow, cancelled his deposition due to an illness and that, as a result, it needs a four month continuance to prepare for trial. This is an additional factor for the Court to consider when it makes the inquiry regarding the length of a continuance, as discussed ...
2018.2.2 Motion to Amend Complaint 733
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.2
Excerpt: ... made offensive comments based on the gender of the office manager. This hearing concerns the Plaintiff's motion for leave to file a Second Amended Complaint. The Plaintiff seeks to add a new cause of action for intentional infliction of emotional distress. A copy of the proposed pleading is in exhibit 1 to the motion. CCP section 473(a) permits the Court to grant leave to a party to amend a pleading. The Court's discretion regarding granting lea...
2018.2.2 Motion for Summary Judgment 229
Location: Los Angeles
Judge: Goldstein, Donna Fields
Hearing Date: 2018.2.2
Excerpt: ...judgment. Under CCP section 437c, a plaintiff may move for summary judgment if that party contends that there is no defense to the plaintiff's causes of action or that an affirmative defense has no merit. The Plaintiff's Complaint contains three common counts: book account, account stated, and goods sold and delivered. Since the Plaintiff argues that there is no defense to its causes of action, the Plaintiff's burden of proof is to prove each ele...

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