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2024.04.19 Motion to Compel Deposition, Inspection of Vehicle 056
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.19
Excerpt: ...he vehicle inspection DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 2 -4, 8, 11 FACTUAL BACKGROUND: Plaintiff Xcaret Estrada alleges that in March of 2022 plaintiff entered into a warranty contract with Kia America, Inc. regarding a 2018 Kia Nero. Plaintiff alleges that under the Song -Beverly Act, defendant had an affirmative duty to promptly offer to r epurchase or replace the vehicle at the t...
2024.04.19 Motion to Compel Arbitration 105
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.19
Excerpt: ...hiro Toda and Hanako Toda allege that in September of 2022 plaintiffs purchased a 2022 Tesla Model Y, for which defendant Tesla Motors, Inc. issued a written warranty, pursuant to which defendant agreed to preserve or maintain the utility o r performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs allege that the vehicle was delivered to plaintiffs with serious defects and nonconformiti...
2024.04.19 Motion for Summary Judgment, Adjudication 372
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.19
Excerpt: ...ummary judgment in favor of defendant Beckman Coulter, Inc. In the alternative, summary adjudication of strict liability claims against Beckman Coulter, Inc. Luong Motion Order granting summary judgment in favor of defendant Hung Luong CAUSES OF ACTION: from Second Amended Complaint 1) Negligence v. Luong, Elowitz, HHMI 2) Negligent Supervision v. Beckman Coulter 3) Strict Product Liability v. Beckman Coulter 4) Vicarious Liability v. Beckman Cou...
2024.04.19 Motion for Leave to Conduct Second IME 257
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.19
Excerpt: ...x. H FACTUAL BACKGROUND: Plaintiff Tracy Cui alleges that in September of 2020, plaintiff was operating a Snow Joe Electric 3 -in -1 Blower/Vacuum/Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake val ves, causing her hair to be ripped out of her scalp as she struck her head against the subject product, knocking her unconscious. The complaint alleges that defendant...
2024.04.19 Motion for Evidentiary or Terminating Sanctions, OSC Re Dismissal 674
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.19
Excerpt: ...s Order Lifting Stay as to Entire Case FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Valerie Bradford filed this action on October 10, 2022, alleging that while plaintiff was in the care and custody of defendant Allcare Home Health Provider at its facility Allcare Home Health, having presented to the facility for examination, care and treatment for medical complaints and problems, including wound care for her right foot, defendant breached its dut...
2024.04.12 Motion to Compel Deposition 763
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.12
Excerpt: ...t C] RELIEF REQUESTED BY MOVING PARTY: Order compelling the production of plaintiff Albert Markarian for deposition and the production by Markarian of all documents demanded at his prior deposition, without objections DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. E, F FACTUAL BACKGROUND: Plaintiff New Look Skin Center, Inc (New Look spa) and its manager, plaintiff Albert Markarian, allege that N...
2024.04.12 Motion for Relief from Deeming RFAs Admitted 066
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.12
Excerpt: ...erve admissions response to defendant and cross- complainant's Requests for Admissions, Set One FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Erika W. Navarrete (referenced in the complaint caption with the spelling Navarete, and in some portions of the complaint as Navarette) alleges that in November of 2021, she acquired an interest in a single -family residential dwelling in South El Monte with defendant David A. Rodriguez, and that at the time...
2024.04.12 Motion for Leave to File SAC 027
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.12
Excerpt: ...cond Amended Verified Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Angela Mendoza brings this action against defendants Mohave Transportation Insurance Company and Joseph Samaha for damages plaintiff alleges plaintiff suffered arising from a motor vehicle cause of action. The operative complaint, the First Amended Complaint, is a form complaint which attaches no cause of action forms. The initial complaint alleges that defendant Samaha ...
2024.04.12 Demurrer 022
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.04.12
Excerpt: ...c. Demurrer Sustain demurrer to sixth, seventh and eighth causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Nuisance Per Se v. Bedikian Defendants 2) Private Nuisance v. Bedikian Defendants 3) Public Nuisance v. Bedikian Defendants 4) Trespass v. Bedikian Defendants 5) Negligence v. Bedikian Defendants 6) Breach of Contract v. Hippo Defendants, Spinnaker 7) Breach of Covenant of Good Faith and Fair Deal...
2024.03.29 Demurrer 089
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...on of Subdivision (b) of Civil Code Section 1793.2 3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4) Breach of the Implied Warranty of Merchantability 5) Negligent Repair 6) Fraudulent Inducement —Concealment SUMMARY OF FACTS: Plaintiff Sunny Hwang alleges that in March of 2020 plaintiff entered into a warranty contract with defendant Ford Motor Company (Ford) regarding a 2020 Ford Explorer vehicle which was manufactured and or...
2024.03.29 Motion for Leave to File Complaint 618
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...GROUND: Plaintiff State Farm General Insurance Company brings this subrogation complaint against Mueller Industries, Inc., alleging that its insureds, Hermine Mirzayan and Artur Sarkisyan, were the owners of private property in Glendale, and that in October of 202 0, as a result of the improper and wrongful acts and omissions to act by defendant, a catastrophic water loss incident occurred at the insureds' property, when a hot water stainless ste...
2024.03.29 Motion for Monetary, Issue, Evidence, Terminating Sanctions 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...1) Imposing monetary sanctions in the amount of $2,260; and (2) Imposing an issue sanction, evidence sanction and/or terminating sanction against plaintiff FACTUAL AND PROCEDURAL BACKGROUND: Plaintiffs Neuro Diagnostic Center, Inc. and Shushanik Devine allege that they were in possession of premises in Glendale and that defendants A & D Fire Sprinklers, Inc. (A & D) and National Community Renaissance of California, while conducting constructio n ...
2024.03.29 Motion for Reconsideration 777
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...Hofer What was the court's order or decision? Demurrer overruled to three causes of action, sustained with leave to amend as to one cause of action What date was this motion filed? December 19, 2023 Motion filed within 10 days from service of notice of entry of the order? Yes FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff A&T Advisors dba Anchor Bookkeeping (Anchor Bookkeeping) alleges that in October of 2022, plaintiff and defendant Cahit Soyk...
2024.03.29 Motion for Terminating Sanctions 027
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...sue and evidentiary sanctions FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Angela Mendoza brings this action against defendants Mohave Transportation Insurance Company and Joseph Samaha for damages plaintiff alleges plaintiff suffered arising from a motor vehicle cause of action. The operative complaint, the First Amended Complaint, is a form complaint which attaches no cause of action forms. The initial complaint alleges that defendant Samaha ne...
2024.03.29 Motion to Compel Compliance with Subpoena for Attendance and Testimony 370
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ... party Robert Ter -Oganesyan (Compel Compliance Deposition Subpoenas) RELIEF REQUESTED: Responses to Specially Prepared Interrogatories, Set No. One from plaintiff Order Compelling Compliance with Subpoena for Attendance and Testimony by Robert Ter -Oganesyan FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Vehanoosh Grigorian brings this legal malpractice action against her former attorneys, defendants Alex Megeredchian and his law practice entities...
2024.03.29 Motion to Compel Deposition 514
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.29
Excerpt: ...IEF REQUESTED BY MOVING PARTY: Order striking objections and compelling the deposition of Ford Motor Company's Person Most Knowledgeable and production of documents. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 13, 14 MONETARY SANCTION: None sought. FACTUAL BACKGROUND: Plaintiff Khristopher Kobaian alleges that in March of 2018, plaintiff entered into a warranty contract with defendant Ford Mot...
2024.03.15 Motion to Compel Further Responses 471
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...n February of 2022 plaintiff entered into a warranty contract with defendant General Motors LLC regarding a 2020 Chevrolet Tahoe. Plaintiff alleges that nonconformities to warranty manifested themselves within the applicable express warranty period, which nonconformities substantially impair the use, value, or safety of the vehicle. Plaintiff alleges that plaintiff delivered the veh icle to an authorized General Motors repair facility for repair ...
2024.03.15 Motion to Compel Further Responses 305
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...ON: Reasonable and good faith attempt to resolve informally: Yes, Boris Decl., paras. 8,9, Ex. 3 FACTUAL BACKGROUND Plaintiff Elijah A. Alvillar, an incompetent individual, through his guardian ad litem, alleges that on May 6, 2019, while plaintiff was under the care, custody and control of defendant BHC Alhambra Hospital, Inc., an acute-care psychiatric hospital, defen dant breached the applicable standard of care for safe custody of plaintiff w...
2024.03.15 Motion for Attorney Fees, to Strike and Tax Costs 529
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...Infiniti Tax Costs Plaintiff Mabel S. Vera RELIEF REQUESTED: Attorney Fees Attorney fees in the amount of $65,715.00. Tax Costs Strike costs claimed in Item 1, Item 12 (Item 11), and Item 16 FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Mabel S. Vera alleges that in May of 2021 plaintiff leased a 2021 Infiniti QX50 vehicle from an authorized dealer and agent of defendant Nissan North America, Inc., the manufacturer of the vehicle, and that the sub...
2024.03.15 Demurrer, Motion to Strike 611
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.15
Excerpt: ...para. 2] RELIEF REQUESTED: Sustain demurrer to fourth cause of action of Complaint Strike punitive damages CAUSES OF ACTION: from Complaint 1) Breach of the Contract 2) Negligence 3) Indemnity 4) Fraud and Deceit SUMMARY OF FACTS: Plaintiffs Bertram Yuh and Janice Yuh allege that they have a primary residence located in La Canada Flintridge, and that in December of 2020, plaintiffs entered into a written contract with defendant Building Worx, Inc...
2024.03.13 Motion for Judgment 558
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.13
Excerpt: ...al on September 20, 21, and 26, and on October 2,3, 17, and 18, 2023. Plaintiff was represented by Michael Sloan, of the Law Office of Michael L. Sloan. Defendant was represented by A.J. Glassman, of the Law Offices of A.J. Glass man. At the close of evidence of the plaintiff's case on October 3, 2023, defendant's counsel made an oral motion for Judgment/Non- Suit pursuant to Code of Civil Procedure (“CCP”) Section 631.8. Pursuant to the defe...
2024.03.08 Motion to Compel Further Responses 983
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ... CHRONOLOGY Date Discovery served: August 15, 2023 Date Responses served: October 23, 2023 Date Motion served: December 7, 2023 timely (ext. to 1/2/24) Meet and Confer? Ok, Ex. 4 FACTUAL BACKGROUND: Plaintiffs Mildred DeCastro, Estrella Choy, Avigdor Kessler, Izuchukwa Okpara, Else Grospe and Christian Escobar allege that in May of 2022, they were interested in purchasing a hospice care business in California which was authorized to participate i...
2024.03.08 Motion to Compel Deposition of PMQ 934
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...F REQUESTED BY MOVING PARTY: Order compelling the deposition General Motors LLC's Person Most Qualified within thirty days. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exs. 8 -11 FACTUAL BACKGROUND: Plaintiff Keith Fearnside alleges that in January of 2021 plaintiff purchased a new 2021 Chevrolet Suburban, which was warranted by defendant General Motors LLC, with defendant providing an express warr...
2024.03.08 Motion for Summary Judgment, Adjudication 728
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...dant Dixieline Builders Fund Control, Inc. and against Corazon Nieves, an individual and as attorney in fact for Rene Simon In the alternative, summary adjudication of each cause of action against Dixieline Builders, the first, second, third, fourth and fifth causes of action. ProBuild Motion Summary judgment in favor of defendant ProBuild Company, LLC and against Corazón Nieves, an individual and as attorney in fact for Rene Simon In the altern...
2024.03.08 Motion for Judgment on the Pleadings 401
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...nstructive Eviction 6) Wrongful Eviction/Self -Help SUMMARY OF FACTS: Plaintiff Abed Mansur alleges that plaintiff lives at a rented/owned dwelling in Glendale, and that defendant Mohammed Badruzzaman was the property manager/co -owner of the premises. Plaintiff alleges that in January of 1988, plaintiff, defendant, and Mohammad Kamruzaman purchased the premises through a purchase agreement, which expressly allocated a one- third ownership intere...

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