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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 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...
2024.03.15 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...
2024.03.13 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 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...
2024.03.08 Demurrer 789
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.08
Excerpt: ...karleta Torosyan alleges that in April of 2021, plaintiff was lawfully on commercial premises owned, leased, managed and/or maintained by defendants Mariner Health Care Management Company, Alex Dela Cuadro, and Sona Isayan, to which premises t he general public is invited to come. Plaintiff alleges that plaintiff was walking into a patient's room within the subject premises when, suddenly and without warning, plaintiff slipped on water and/or a s...
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...
2024.03.01 Motion to Compel Responses 132
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.01
Excerpt: ..., Set One Order Deeming Requests for Admissions, Set One, Admitted CHRONOLOGY Date Discovery served: August 4, 2023 Extensions of time to respond until: October 13, 2023 (Ex. D) Date Responses served: NO RESPONSES SERVED Date Motion served: October 26, 2023 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that pa...
2024.03.01 Motion to Compel Further Responses 983
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.01
Excerpt: ...ther Responses to First Set of Special Interrogatories Further Responses to First Set of Requests for Admissions 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...
2024.03.01 Motion to Compel Further Responses 910
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.03.01
Excerpt: ...LARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exhibit 10 FACTUAL BACKGROUND: Plaintiff Rufus Choi alleges that in January of 2021 plaintiff purchased a 2021 Chrysler Pacifica manufactured or distributed by defendant FCA US LLC, and plaintiff received an express written warranty, in which defendant FCA US LLC undertook to preserve o r maintain the utility or performance of the vehicle or provide compensa...
2024.02.23 Motion for Order to Release Marriage Records 734
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...he confidential marriage certificate and records of plaintiff Diane Flessas to Russell Rowland, in relation to the marriage entered into on June 14, 2019. SUMMARY OF FACTS: This wrongful death and survival action is brought by plaintiffs Diane Flessas, the surviving spouse of decedent Russell Rowland, and Jonathon Rowland, decedent's surviving natural son. Plaintiffs Flessas and Jonathan Rowland are also the successors in i nterest to decedent, a...
2024.02.23 Motion for Judgment on the Pleadings 933
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ... Amended Complaint 1) Negligence 2) Negligent Supervision and Retention SUMMARY OF FACTS: Plaintiff Jane Doe 7034 brings this action against defendant Burbank Unified School District, alleging that in 1978, when plaintiff was a 15 -year -old student at John Muir Middle School, plaintiff was groomed and sexually assaulted by her science teacher, Robert Goar, a Burbank Unified School District employee. Plaintiff alleges that defendant never investi...
2024.02.23 Motion to Compel Responses 132
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...s to Requests for Production of Documents, Set One CHRONOLOGY Date Discovery served: May 22, 2023 Extensions to Respond to: October 11, 2023 (Ex. D) Date Responses served: NO RESPONSES SERVED Date Motion served: January 24, 2024 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any right to exercise the option to produce w...
2024.02.23 Motion to Compel Arbitration 438
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...f arbitration SUMMARY OF FACTS: Plaintiffs Stephen Anthony Enchin and SAE & Associates, LLC allege that in March of 2021, plaintiffs purchased a 2021 Tesla Model Y, for which defendant Tesla Motors, Inc. issued a written warranty, pursuant to which defendant agreed to preserve or mainta in the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs allege that the vehicle was...
2024.02.23 Motion to Compel Further Responses 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...UESTED: Further Responses to Request for Production of Documents, Set Two from each plaintiff DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Ex. G FACTUAL 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. and National Community Renaissance of California, while conducting c...
2024.02.23 Motion to Strike 618
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.23
Excerpt: ...ION: from First Amended Complaint 1) Negligence 2) Strict Products Liability 3) Breach of Implied Warranties SUMMARY OF FACTS: 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 2020, as a result of the improper and wrongful acts and omissions to a...
2024.02.09 Motions to Dismiss or Stay 277
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...ternative, staying all further proceedings SUMMARY OF FACTS: Plaintiff Alphonso Luna alleges that in June of 2021, plaintiff was operating a tractor and flatbed trailer on interstate 80 in Nebraska, in a reasonable manner, when present on interstate 80 was a work zone with workers present, and warning signs lining the roadway, alerting drivers of the need to slow down or stop. Plaintiff alleges that as plaintiff proceeded through the work zone, h...
2024.02.09 Motion to Compel Deposition 048
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...ED BY MOVING PARTY: Order compelling Alen Bejanyan to attend deposition and provide testimony Points & Authorities supporting sanction: Yes FACTUAL BACKGROUND: Plaintiffs Armine Harutyunyan and Vadim Harutyunov allege that defendant Alen Bejanyan is the purported owner of property and a residence located on Dublin Drive in Glendale, which plaintiffs have rented from defendant since February of 2019. Plaintiffs allege that on August 1, 2021, plain...
2024.02.09 Motion for Summary Judgment, Adjudication 323
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...adjudication on plaintiff's five causes of action CAUSES OF ACTION: from First Amended Complaint 1) Dental Malpractice—Breach of Standard of Care 2) Dental Malpractice—Negligent Misrepresentation 3) Dental Malpractice—Failure to Properly Keep or Provide Medical Records 4) Breach of Oral Contract 5) Specific Performance SUMMARY OF COMPLAINT: Plaintiff Stepan Tashchyan alleges that in May of 2019 plaintiff entered into an oral contract with d...
2024.02.09 Motion for Summary Judgment 645
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.09
Excerpt: ...d Melanie Marshall, D.D.S. as to plaintiff's First Amended Complaint. CAUSES OF ACTION: from First Amended Complaint 1) Dental/Medical Malpractice and Res Ipsa Loquitur 2) Lack of Informed Consent SUMMARY OF COMPLAINT: Plaintiff Edward Wilson alleges that in August of 2020, plaintiff had consulted and engaged the services of defendants New Smiles Studio and Melanie Marshall, D.D.S for the purposes of examination, consultation, evaluation, diagnos...
2024.02.02 Demurrer, Motion to Strike 971
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.02
Excerpt: ...ations, punitive damages, treble damages CAUSES OF ACTION: from Complaint 1) Fraud v. Hamadi, Minasyan 2) Conspiracy to Defraud v. Hamadi, Minasyan 3) Intentional Misrepresentation v. Hamadi, Minasyan 4) Breach of Fiduciary Duty v. Minasyan 5) Breach of Oral Contract v. Hamadi, Keshishyan 6) Unjust Enrichment v. Hamadi, Keshishyan 7) Conversion v. Hamadi, Keshishyan 8) Theft -Receipt of Stolen Property v. Hamadi 9) NIED v. Hamadi SUMMARY OF FACTS...
2024.02.02 Demurrer to SAC 103
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.02
Excerpt: ...ional Elder Abuse 5) Fraud 6) Theft SUMMARY OF FACTS: Plaintiff Lorraine Rhone alleges that in January of 2022 plaintiff entered into an agreement with defendant Redondo Van and Storage, Inc. to move plaintiff's household goods from a two-bedroom upstairs apartment in Glendale to the city of San Pedro. Plaintiff was quoted a price of $2,400 to $3,200, with four men. Plaintiff alleges that instead of four men, five men arrived not prepared to crat...
2024.02.02 Motion for Trial Preference 718
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.02
Excerpt: ...rder date. SUMMARY OF FACTS: Plaintiffs Bobby Jace, Sally Jace and Valerie Frank allege that in 2017 they began residing as tenants in residential real property in Glendale, which was owned by defendant Ara Kalfayan. Plaintiffs allege that the property was managed by defendant Aripinee Bedikian during plaintiffs' tenancy. The FAC alleges that plaintiffs' tenancy was covered under the Los Angeles Rent Stabilization Ordinance, the California Protec...
2024.02.02 Motion to Compel Further Responses 475
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.02
Excerpt: ...n August of 2022 plaintiff purchased a 2022 Chevrolet Silverado vehicle and received an express written warranty pursuant to which defendant General Motors, LLC undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance for a specified period of time. Plaintiff alleges that after plaintiff took possession of the vehicle, and during the warranty period t...
2024.02.02 Motion to Compel Arbitration 512
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.02.02
Excerpt: ...y of 2020, plaintiff entered into a written agreement with defendant NRG Clean Power, Inc. (NRG) pursuant to which NRG was to serve as direct solar contractor and provide all labor and materials in connection with the construction of a solar carport at plaintiff's property. Plaintiff alleges that as the general contractor for the project, NRG had the contractual responsibility for the day-to-day prosecution of the work, direction of the work of t...
2024.01.26 Motions to Compel Further Responses to Discovery 710
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.26
Excerpt: ...ction of Documents, Set One FACTUAL BACKGROUND Plaintiff Toni Lawson-Apana alleges that she leased a vehicle from defendant Sunrise Ford, which vehicle was manufactured by defendant Ford Motor Company, and which was equipped with a Power Liftgate System, an electrical opening and closing system. Plaintiff alleges that contrary to defendants' representations regarding the subject vehicle's safety and reliability, in April of 2015, while plaintiff ...
2024.01.26 Motion for Substitution of Personal Representative 289
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.26
Excerpt: ...entative of the Estate of Jim Cox. SUMMARY OF FACTS: The complaint alleges that Ivy Fung, the mother of plaintiff Kurt Takashi Ando, created a Revocable Trust in 2016. Ivy Fung was the Trustee, with successor Trustees being plaintiff and/or Marie Bernardini. The Trust was created by Ivy Fung after she was diagnosed with terminal illness, and was revocable until her death, after which the Trust became irrevocable and all Trust property was to be h...
2024.01.26 Demurrer, Motion to Strike 744
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.26
Excerpt: ...(d) of Civil Code Section 1793.2 2) Violation 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) Fraudulent Inducement—Concealment SUMMARY OF FACTS: Plaintiff Grigor Golamirians alleges that in September of 2020 plaintiff entered into a warranty contract with defendant General Motors, LLC (GM) regarding a 2020 Chevrolet Bolt vehi...
2024.01.26 Demurrer, Motion to Strike 483
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.26
Excerpt: ...m First Amended Complaint 1) Negligence 2) Conversion 3) Breach of Contract 4) NIED 5) IIED SUMMARY OF FACTS: Plaintiff Raya Torossian alleges that in March of 2020, plaintiff contracted with defendant Zippy Shell, Inc. (Zippy Shell) to have personal belongings moved, in a closed storage container, to North Carolina. In April of 2020, defendant Pack Rats Portable Mini Storage, LLC (Pack Rats), on behalf of Zippy Shell, met with plaintiff to pick ...
2024.01.26 Demurrer 021
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.26
Excerpt: ...First Amended Complaint 1) Negligent Act or Omission of Public Entity or Public Employee 2) Dangerous Condition of Public Property SUMMARY OF FACTS: Plaintiffs Natasha Asatryan and Vartan Asatryan, the parents of decedent Liana Asatryan, allege that on December 2, 2021, defendants City of Glendale, Glendale Unified School District, and Balboa Elementary School negligently hired, retained, trained and supervised defendants' employees, and negligen...
2024.01.26 Application for Writ of Possession 864
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.26
Excerpt: ...of the plaintiff's claim and that entitled to possession? No declaration or documentary evidence submitted. If based on written instrument, copy attached? No. Showing that property wrongfully detained by defendant, manner in which came into possession and reason for detention? No showing Particular description of property and statement of its value? No showing, application Statement of location of the property No showing, application Property not...
2024.01.19 Motion to Compel Arbitration 990
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.19
Excerpt: ...s this action against her former employer, defendant Systech Solutions, LLC, alleging that in July of 2020, plaintiff was hired as a Marketing and Corporate Communications Analyst, and was wrongly classified as an exempt employee and paid an annual salary, when her employment position did not fall under any exception to the non-exempt employee status. Plaintiff alleges that due to this misclassification, plaintiff was denied overtime that she was...
2024.01.19 Motion to Compel Arbitration 753
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.19
Excerpt: ... vehicle from Glendale Hyundai, and that upon the purchase defendant Hyundai Motor America issued an express warranty to plaintiff, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle. Plaintiff alleges that since purchasing the vehicle, plaintiff has delivered the vehicle for repair to defendant or its authorized repair facility not less than three times for repair of nonconformity to warranty,...
2024.01.19 Motion to Compel Further Responses 082
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.19
Excerpt: ...Plaintiff Nate Beltran alleges that while he was a resident or patient with defendant BHC Alhambra Hospital, Inc. (BHC Alhambra), he was a dependent adult. Plaintiff alleges that in September of 2021, plaintiff was brutally attacked by another patient while admitted at BHC Alhambra, when, while plaintiff was sound asleep in his hospital bed, another patient started punching and choking plaintiff. Plaintiff rolled out of bed and was on the ground ...
2024.01.19 Motion to Set Aside Default 759
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.19
Excerpt: ...ants Wayne Hazle and Mary Ellen Hazle to occupy premises in Glendale, and has at all times satisfied her lease and has been in lawful possession of her apartment. Plaintiff alleges that the tenancy is subject to the Tenant Protection Act of 2019. Plaintiff alleges that plaintiff has been living in the back room/garage of defendants' property as specified in the Lease Agreement, but that the premises were not permitted to be safe, inhabitable, or ...
2024.01.19 Motion to Vacate Judgment 944
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.19
Excerpt: ...LA Auto Center, Inc. owes plaintiff money in the sum of $10,000 because defendant paid off plaintiff's loan amount of $5,700 and evaluated his Honda Civil for $9,800 as his trade in value, and in the same transaction defendant sold plaintiff a used Volkswagen GTI for $12,166. Plaintiff claims that when he drove the car off the lot the check engine light turned on, and there followed a six-month period of empty promises, excuses and run around ans...
2024.01.12 Petition to Compel Arbitration 788
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...leges that in February of 2023, plaintiff entered into a written Food Truck Lease Agreement with defendants Timofey Kravtsov, Elena Kravtsova, and Coffeegizer, LLC pursuant to which defendants agreed to lease a 2021 Mercedes Sprinter Food Truck for 12 months at $3,500 per month. The complaint alleges that the Lease required an initial $10,000 payment for first and last month's lease payments and a $3,000 security deposit, which defendants paid, b...
2024.01.12 Motions to Compel Further Responses 001
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...r Production of Documents, Set One DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Sobati Decl., paras. 6, 7 Ex. E FACTUAL BACKGROUND Plaintiff and decedent Alberd Ishoo, through his successor in interest, his daughter, Sinla Ishoo, alleges that decedent passed away as a result of injuries caused by abuse and neglect while decedent was a patient at defendant Providence Saint Joseph Medical Center in Bu...
2024.01.12 Motions for Leave to FIle Amicus Curiae Brief, to Proceed Using Pseudonyms 128
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...er to Proceed Using Pseudonyms and accompanying exhibits in the Court's public file. FACTUAL AND PROCEDURAL BACKGROUND: This action is brought by plaintiff Jane DOE K.C. 1 and plaintiff Jane Doe A.H. 2, who allege that they are survivors of childhood sexual abuse, sexual battery, assault, molestation and abuse at the hands of defendant (originally sued as defendant Doe 1) Gloria de Los Angeles Trevino Ruiz aka Gloria Trevi, and defendant (origina...
2024.01.12 Motion to Transfer Venue 498
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...s been served) RELIEF REQUESTED: Order transferring this action from Los Angeles Superior Court to Fresno County Superior Court FACTUAL BACKGROUND: Plaintiffs David Montes and Consuelo Montes allege that in March of 2019 plaintiffs purchased a 2019 Ford F-150, for which defendant Ford Motor Company (Ford) issued a written warranty, pursuant to which Ford agreed to preserve or maintain the utility or performance of the vehicle or provide compensat...
2024.01.12 Motion to Set Aside Default Judgment 093
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ... action based on a complaint in intervention. Plaintiff alleges that plaintiff is a licensed escrow agent and is now in possession of $33,750.00 in disputed money, which funds represent the earnest money deposit of defendant Lusine Hakhverdyan (Buyer) submitted to Escrow during the purchase of real property in Van Nuys from defendants Karapet Kiramichyan and Tsonvinar Kiramittchian (Sellers). Plaintiff alleges that in June of 2018, the defendants...
2024.01.12 Motion to Intervene 284
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...that in February of 2021, plaintiff walked into a commercial building located on private property on Brand Boulevard owned, operated, maintained, and controlled by defendants Alta Construction and UBS Realty Investors LLC. Plaintiff alleges that while moving into the facility on surfaces and other points of passage intended for public use, plaintiff slipped and fell due to oil that was on the floor, and fell to the ground, sustaining injuries. Pl...
2024.01.12 Motion for Summary Judgment, Adjudication 166
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...achs Bank USA and against defendant Viktoryia Antashkevich. In the alternative, summary adjudication in favor of plaintiff on the first cause of action for open book account. CAUSES OF ACTION: from (Form) Complaint 1) Common Counts Open Book Account Account Stated Money Lent Money Paid, Laid Out and Expended at Defendant's Special Instance and Request Other SUMMARY OF FACTS: Plaintiff Goldman Sachs Bank USA alleges that within the last four years...
2024.01.12 Motion for Reconsideration 515
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.12
Excerpt: ...amount of $3,826 for plaintiff's purported failure to comply with the March 11, 2022 Order. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable an...
2024.01.05 Writ of Possession 200
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.05
Excerpt: ...umyan for the sale of a motor vehicle. (Ex. 1). Under this Contract, upon a default of any provision, plaintiff has the right to immediate possession of the vehicle. [Wilber Decl., ¶ 6, Ex. 1, ¶ 3d]. Defendant has defaulted in payment on the agreement. [Wilber Decl., ¶¶10, 11]. Plaintiff is aware that defendant Shaumyan is no longer in possession of the vehicle, and that defendant Gad Auto Body Shop Inc. (Gad Auto) is currently in possession ...
2024.01.05 Motion to Compel Further Responses 001
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.05
Excerpt: ...ORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Sobati Decl., paras. 6, 7 Ex. E FACTUAL BACKGROUND Plaintiff and decedent Alberd Ishoo, through his successor in interest, his daughter, Sinla Ishoo, alleges that decedent passed away as a result of injuries caused by abuse and neglect while decedent was a patient at defendant Providence Saint Joseph Medical Center in Burbank. The complaint alleges that decedent, a depen...
2024.01.05 Demurrer 022
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2024.01.05
Excerpt: ...blic Nuisance v. Bedikian Defendants 4) Trespass v. Bedikian Defendants 5) Negligence v. Bedikian Defendants 6) Breach of Contract v. Hippo 7) Breach of Covenant of Good Faith and Fair Dealing v. Hippo 8) Violation of Fair Housing Act v. Hippo SUMMARY OF FACTS: Plaintiff Mae Abou-Chakra alleges that defendants Alice Bedikian and Hrant Bedikian are the owners of property which adjoins property owned and occupied by plaintiff in La Crescenta. Plain...
2023.12.22 Motion for Reconsideration, to Dismiss, to Augment and Substitute Experts 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.22
Excerpt: ...nd Substitute Plaintiff Jason Steger Responding Party: Motion for Reconsideration Defendant Olympus America Inc. Defendants John A. Kasher, M.D. and James Kao, M.D. Motions to Dismiss Plaintiff Jason Steger Motion to Augment and Substitute Defendant Olympus America, Inc. “Joinder” filed by Defendants John A. Kasher, M.D. and James Kao, M.D. RELIEF REQUESTED: Motion for Reconsideration Order reconsidering in part, the Court's minute order date...
2023.12.22 Motion to Quash Service of Summons 695
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.22
Excerpt: ... damages to plaintiff. The form complaint alleges causes of action for Motor Vehicle and General Negligence. ANALYSIS: CCP § 418.10 permits a defendant, on or before the last day of his time to plead, to serve and file a motion to quash service of summons “on the ground of lack of jurisdiction of the court over him...” § 418.10(a)(1). With respect to a motion to quash for lack of jurisdiction, the burden is on plaintiff to demonstrate by a ...
2023.12.22 Motion for Summary Judgment 166
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.22
Excerpt: ...laintiff Goldman Sachs Bank USA and against defendant Viktoryia Antashkevich. In the alternative, summary adjudication in favor of plaintiff on the first cause of action for open book account. CAUSES OF ACTION: from (Form) Complaint 1) Common Counts Open Book Account Account Stated Money Lent Money Paid, Laid Out and Expended at Defendant's Special Instance and Request Other SUMMARY OF FACTS: Plaintiff Goldman Sachs Bank USA alleges that within t...
2023.12.22 Motion to Deem RFAs Admitted 236
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.22
Excerpt: ..., 2023 Date Responses served: NO RESPONSES SERVED Date Motion served: October 5, 2023 Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction....” CCP S...
2023.12.15 Special Motion to Strike 879
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.15
Excerpt: ...ntract stemming from alleged false claim made to plaintiff's bonding company request for punitive damages CAUSES OF ACTION: from (Form) Complaint 1) Breach of Contract 2) Fraud 3) General Negligence SUMMARY OF FACTS: Plaintiff HR General Construction, Inc. (HR General Construction) alleges that in December of 2021 plaintiff entered into a written contract with defendants Scott Sakamoto and Jamie Sakamoto, and that defendants breached the agreemen...
2023.12.15 Motion to Compel Further Responses 439
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.15
Excerpt: ...ta alleges that in January of 2022, plaintiff purchased a 2022 Kia Telluride vehicle manufactured by defendant Kia America, Inc. (Kia) and in connection with the purchase of the vehicle plaintiff received an express written warranty in which defendant undertook to maintain the utility or performance of the vehicle or to provide compensation if there was a failure in utility or performance for a specified period of time. After plaintiff took posse...
2023.12.15 Motion to Compel Responses 336
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.15
Excerpt: ...es to Request for Documents Further Responses to Requests for Admissions, Nos. 6-8, 12-17, 19-24 and 35-37. FACTUAL BACKGROUND Plaintiff Korea Trade Insurance Corporation alleges that it is assignee to Mido Trade Co., Ltd, and brings this action for common counts, alleging that defendant Mix & Match Apparel, Inc. has become indebted to plaintiff in the sum of $152,244.49. The complaint alleges causes of action for open book account, account state...
2023.12.08 Motion for Attorney Fees 876
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...ave resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit B, since April 2012 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during their tenancies at the unit and defendants' ow...
2023.12.08 Demurrer, Motion to Strike 998
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...from First Amended Complaint 1) Breach of Implied Warranty of Habitability 2) Breach of Implied Warranty of Habitability 3) Negligent Premises Liability 4) Nuisance 5) IIED 6) Breach of Contract 7) Breach of Covenant of Quiet Enjoyment 8) Breach of the Covenant of Good Faith and Fair Dealing 9) Fraud/Deceit/Intentional Misrepresentation of Fact 10) Negligent Misrepresentation SUMMARY OF FACTS: Plaintiff Rebecca Garcia alleges that in October of 2...
2023.12.08 Motion for Attorney Fees 134
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...tiffs at all relevant times have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit A, since February 2009 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during their tenancie...
2023.12.08 Demurrer 777
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...ion 3) Negligent Misrepresentation 4) Quantum Meruit SUMMARY OF FACTS: Plaintiff A&T Advisors dba Anchor Bookkeeping (Anchor Bookkeeping) alleges that in October of 2022, plaintiff and defendant Cahit Soykat dba Roma Pizza (Soykat) entered into an Agreement for Limited Consulting Services whereby plaintiff agreed to assist, advise, consult, prepare and help defendant to apply for and become eligible for the Employee Retention Credit (ERC) program...
2023.12.08 Motion for Substitution of Personal Representative 289
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...tative of the Estate of Jim Cox. SUMMARY OF FACTS: The complaint alleges that Ivy Fung, the mother of plaintiff Kurt Takashi Ando, created a Revocable Trust in 2016. Ivy Fung was the Trustee, with successor Trustees being plaintiff and/or Marie Bernardini. The Trust was created by Ivy Fung after she was diagnosed with terminal illness, and was revocable until her death, after which the Trust became irrevocable and all Trust property was to be han...
2023.12.08 Motion for Summary Judgment 998
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...e Martello, M.D. In the alternative, summary adjudication in favor of each moving defendant 75/80 Day Lapse: Yes Separate Statements: Yes Causes of Action from Complaint 1) Medical Malpractice SUMMARY OF COMPLAINT: Plaintiff John Peter Robinson alleges that on June 25, 2020, plaintiff presented to defendant Urgent Med dba Glendale Urgent Care (Glendale Urgent Care) with a chief complaint of lacerations to the right hand secondary to a dog bite in...
2023.12.08 Motion to Compel Arbitration 968
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...gust of 2021 plaintiff leased a new 2021 BMW M5 vehicle from Pacific BMW in Glendale, and that the subject vehicle was delivered to plaintiff with serious defects and nonconformities to warranty, including transmission issues, center console screen issues, and repeat driver seat motor defects. Plaintiff alleges that plaintiff presented the vehicle on numerous occasions to defendant BMW of North America, LLC's authorized repair facilities for repa...
2023.12.08 Motion to Compel Further Responses 056
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...at 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 repurchase or replace the vehicle at the time defendant failed to conform the vehicle to the terms of the express warranty after a reasonable number of attempts. Plaintiff alleges that defects and nonconformities to warranty manife...
2023.12.08 Demurrer, Motion to Strike 284
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.08
Excerpt: ...om Cross-Complaint 1) Express Indemnity 2) Implied Indemnity 3) Contribution 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Julieta Paez has filed this action alleging that in February of 2021, plaintiff walked into a commercial building located on private property on Brand Boulevard owned, operated, maintained, and controlled by defendants Alta Construction and UBS Realty Investors LLC. Plaintiff alleges that while moving into the facility on...
2023.12.01 Motions to Dismiss, to Augment and Substitute Experts 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.12.01
Excerpt: ...tiff Jason Steger Motion to Augment and Substitute Defendant Olympus America, Inc. “Joinder” filed by Defendants John A. Kasher, M.D. and James Kao, M.D. RELIEF REQUESTED: Motions to Dismiss Order dismissing action pursuant to CCP sections 583.310 and 583.360. Motion to Augment and Substitute Order permitting plaintiff to augment and substitute list of designated experts and extend date to complete expert deposition of Dr. Tawhid Gazi pending...
2023.11.17 Motions to Compel Further Responses 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ...tories (Set One), Interrogatories Nos. 1, 4, and 19, from each plaintiff FACTUAL 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. and National Community Renaissance of California, while conducting construction work installing a new fire sprinkler system and plumbing at property directly behind the subject premises, w...
2023.11.17 Motion to Lift Stay 583
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ... and issue a case management order FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Pointe Assets, LLC, the successor in interest to Catalina Media Development, LLC (CMD), alleges that CMD owns real property in Burbank, commonly referred to as “The Pointe,” an office building and parking garage. Plaintiff alleges that in early 2006, plaintiff entered into an agreement with Krismar Construction Co. concerning construction of the Pointe, which, in ...
2023.11.17 Motion to Compel Further Responses 082
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: .... 85. FACTUAL BACKGROUND: Plaintiff Nate Beltran alleges that while he was a resident or patient with defendant BHC Alhambra Hospital, Inc. (BHC Alhambra), he was a dependent adult. Plaintiff alleges that in September of 2021, plaintiff was brutally attacked by another patient while admitted at BHC Alhambra, when, while plaintiff was sound asleep in his hospital bed, another patient started punching and choking plaintiff. Plaintiff rolled out of ...
2023.11.17 Motion to Augment and Substitute Experts 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ...stitute list of designated experts and extend date to complete expert deposition of Dr. Tawhid Gazi pending this application and de-designation of Dr. Tawhid Gazi FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical providers, negligently performed a colonoscopy procedure on p...
2023.11.17 Motion for Summary Judgment, Adjudication 368
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ...AUSES OF ACTION: from Complaint 1) Violation of the California Homeowners Bill of Rights 2) Wrongful Foreclosure 3) Promissory Estoppel 4) Injunctive Relief * *Cause of action dismissed pursuant to a Request for Dismissal with prejudice filed by plaintiff on 07/31/2023 and entered as requested the same date. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Ayman M. Salem alleges that plaintiff is the owner of real property in La Canada, and that plai...
2023.11.17 Motion for Summary Judgment, Adjudication 166
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ...aintiff Goldman Sachs Bank USA and against defendant Viktoryia Antashkevich. In the alternative, summary adjudication in favor of plaintiff on the first cause of action for open book account. CAUSES OF ACTION: from (Form) Complaint 1) Common Counts Open Book Account Account Stated Money Lent Money Paid, Laid Out and Expended at Defendant's Special Instance and Request Other SUMMARY OF FACTS: Plaintiff Goldman Sachs Bank USA alleges that within th...
2023.11.17 Motion for Protective Order 288
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ... not take place. SUMMARY OF FACTS: Plaintiff GPR Properties, LLC alleges that in June of 2014, it leased a storage space it owns in Glendale to defendants Shiraz Rental, Inc. (Shiraz Rental), Goorgen Mirzakhanian, and Soren Shabazian for five years. In 2019, plaintiff and defendants signed a new Lease for another five-year period for the premises. Plaintiff alleges that the individual defendants signed the Lease, and plaintiff believes they signe...
2023.11.17 Demurrers 844
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.17
Excerpt: ... ACTION: from Third Amended Complaint 1) Medical Malpractice/Wrongful Death 2) Medical Malpractice/Negligence/Survival Action 3) Elder Neglect SUMMARY OF FACTS: Plaintiff Victor Tsai, the surviving spouse of decedent Mimi Kuo, and plaintiffs Alice Tsai and Rose Tsai, the surviving children of decedent, allege that from May through June of 2018, decedent received treatment at different defendants' health care facilities, and that defendants, and t...
2023.11.03 Motion for Attorney Fees 876
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.03
Excerpt: ...ve resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit B, since April 2012 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during their tenancies at the unit and defendants' own...
2023.11.03 Motion for Attorney Fees 134
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.03
Excerpt: ...lege that plaintiffs at all relevant times have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit A, since February 2009 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during...
2023.11.03 Motion to Compel Further Responses to RFAs 336
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.03
Excerpt: ... 1-8 FACTUAL BACKGROUND Plaintiff Korea Trade Insurance Corporation alleges that it is assignee to Mido Trade Co., Ltd, and brings this action for common counts, alleging that defendant Mix & Match Apparel, Inc. has become indebted to plaintiff in the sum of $152,244.49. The complaint alleges causes of action for open book account, account stated, and reasonable value. Defendant Mix & Match Apparel, Inc. has filed a cross-complaint against Mido T...
2023.11.03 Motion for Summary Judgment, Adjudication 960
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.03
Excerpt: ...t through third causes of action. CAUSES OF ACTION: from Second Amended Complaint 1) Strict Liability: Manufacturing and Design Defect 2) Strict Liability: Failure to Warn 3) Negligence SUMMARY OF FACTS: Plaintiff David Desoto alleges that from approximately 1980 to 1994 plaintiff was employed at the facilities of Lockheed Corporation and its various affiliates (Lockheed), a manufacturer, supplier and seller of defense weaponry and related produc...
2023.11.03 Motions to Compel Responses to Discovery 236
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.03
Excerpt: ...t for Production of Documents, Set One CHRONOLOGY Date Discovery served: April 19, 2023 Extensions to Respond to: July 27, 2023 (Ex. F) Date Responses served: NO RESPONSES SERVED Date Motion served: August 17, 2023 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce writings....
2023.11.03 Motion to Compel Further Responses 275
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.11.03
Excerpt: ...ents, Set One FACTUAL BACKGROUND: Plaintiffs Edwin Shahjanian and Armenoohi Zeinalvand allege that in December of 2020 plaintiffs entered into a warranty contract with defendant General Motors, LLC (GM) regarding a 2020 Chevrolet Equinox vehicle, which was manufactured or distributed by GM. Plaintiffs allege that defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including engine defects a...
2023.10.27 OSC Re Contempt 072
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ... Topa Insurance Company issued plaintiff a homeowner's insurance policy for plaintiff's home in Glendale, which was in full force and effect when, in April of 2021, a water loss occurred at the property. The complaint alleges that plaintiff discovered the water leak, which had penetrated the majority of the interior of the property, and immediately turned off the water line and called a plumber. The plumber hired to repair the leak determined tha...
2023.10.27 Motion to Compel Further Responses 336
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ...o. 1 FACTUAL BACKGROUND Plaintiff Korea Trade Insurance Corporation alleges that it is assignee to Mido Trade Co., Ltd, and brings this action for common counts, alleging that defendant Mix & Match Apparel, Inc. has become indebted to plaintiff in the sum of $152,244.49. The complaint alleges causes of action for open book account, account stated, and reasonable value. Defendant Mix & Match Apparel, Inc. has filed a cross-complaint against Mido T...
2023.10.27 Motion to Compel Further Responses 112
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ...: None sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally:Yes, Exs. 5, 6 FACTUAL BACKGROUND: Plaintiffs Alejandro Sanchez and Edgar Montenegro allege that in February of 2022 plaintiffs purchased a 2021 Ford EcoSport vehicle, in connection with which defendant Ford Motor Company issued a written warranty. Plaintiffs allege that defendant warranted the subject vehicle and...
2023.10.27 Motion to Compel Arbitration 442
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ...tion Stay lawsuit until arbitration is had. REQUIREMENTS Personal Service? (CCP §1290.4) No (Plaintiffs have already appeared in Superior Court: Plaintiffs filed action) Copy of agreement included and referenced: Decl., Ex. 2 Demand and refusal to arbitrate: None mentioned No waiver of right to compel arbitration: None mentioned No grounds for rescission of agreement to arbitrate: None mentioned Parties to the agreement are not parties to an act...
2023.10.27 Motion for Summary Judgment 379
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ... action. In the alternative, summary adjudication of issues with respect to the first through seventh causes of action. CAUSES OF ACTION: from First Amended Complaint 1) Trespass 2) Private Nuisance 3) Conversion 4) IIED 5) CA Civil section 527.6—Civil Harassment 6) Declaratory Relief 7) Injunctive Relief SUMMARY OF FACTS: Plaintiff Jean Kechichian alleges that plaintiff owns a parcel of residential property located at 945 Flanders Road in La C...
2023.10.27 Motion for Leave to File FAC 358
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ...nts. SUMMARY OF FACTS: Plaintiff Jamie Black alleges that in October of 2022, plaintiff, who had a history of depression, bipolar disorder, ADHD and schizophrenia, for which she had previously been placed on several 5150 involuntary psychiatric holds, went for a walk, and a group of people she encountered noticed she was upset and scared and not acting appropriately and asked if she needed an ambulance, to which plaintiff replied in the affirmati...
2023.10.27 Demurrer 317
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.27
Excerpt: ...F FACTS: Plaintiff Edna Martikian Boghassian alleges that in February of 2021 plaintiff was injured at premises in Glendale which were negligently owned, operated, and maintained by defendants the Americana at Brand, LLC and Americana Residential, LLC in a dangerous condition. Plaintiff alleges that defendants failed to implement safety measures to protect individuals on the premises, and failed to warn and cordon off access to a disabled escalat...
2023.10.20 Motion for Summary Judgment 318
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...ternative, summary adjudication as to plaintiff's first through seventh and ninth causes of action and claim for punitive damages. CAUSES OF ACTION: from Complaint 1) Breach of Warranty of Habitability 2) Breach of Covenant of Quiet Enjoyment 3) Nuisance 4) Business & Professions Code section 17200 et seq. 5) Negligence 6) Breach of Contract 7) Constructive Eviction 8) Violation of LARSO* 9) Civil Code 1950.5 *Cause of action dismissed pursuant t...
2023.10.20 Demurrer to FAC 103
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...) Elder Abuse 5) Theft SUMMARY OF FACTS: Plaintiff Lorraine Rhone alleges that in January of 2022 plaintiff entered into an agreement with defendant Redondo Van and Storage to move plaintiff's household goods from a two-bedroom apartment in Glendale to the city of San Pedro. Plaintiff was quoted a price of $2,400 to $3,200, with four men. Plaintiff alleges that instead of four men, five men arrived not prepared to crate a glass top dining table o...
2023.10.20 Motions to Quash Subpoenas 687
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ... Production of Business Records to KFH/SCPMG (Billing) Quash Second Subpoena for Production of Business Records to KFH/SCPMG (Electronic & Paper Medical Records) FACTUAL BACKGROUND: Plaintiff Paul Abramson, also known as Paul Van Richter, brings this action against defendant Spinnaker Insurance Company (Spinnaker) and Spinnaker's claims administrator, defendant Hippo Analytics, Inc. (Hippo), alleging that defendants engaged in unlawful claims han...
2023.10.20 Motion for Summary Judgment, Adjudication 368
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...USES OF ACTION: from Complaint 1) Violation of the California Homeowners Bill of Rights 2) Wrongful Foreclosure 3) Promissory Estoppel 4) Injunctive Relief * *Cause of action dismissed pursuant to a Request for Dismissal with prejudice filed by plaintiff on 07/31/2023 and entered as requested the same date. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Ayman M. Salem alleges that plaintiff is the owner of real property in La Canada, and that plain...
2023.10.20 Petition to Charge Judgment Debtor's Beneficial Interest in Trust 173
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.20
Excerpt: ...rust RELIEF REQUESTED: Order charging the Judgment Debtors' beneficial interests in the America B. Alejo Revocable Trust established May 2, 2012, by way of liquidation and sale of all trust property to which their beneficial interests attach Costs of suit SUMMARY OF FACTS: Plaintiff National Commercial Recovery, Inc. alleges that in September 12, 2013, plaintiff obtained a joint and several court judgment for $881,599.33 in Los Angeles Superior C...
2023.10.13 Motion to Compel Responses, to Deem RFAs Admitted 027
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...ction of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: March 23, 2023 Extensions of time to respond until: May 29, 2023 Date Responses served: NO RESPONSES SERVED Date Motion served: August 4, 2023 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party �...
2023.10.13 Motion to Compel Medical Exam 257
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake valves, 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 Snow Joe LLC is the manufacturer, designer, and/or distributor of the subject product, and defendant Home Depot, Inc. is the distributor and/or ret...
2023.10.13 Motion for Summary Judgment 230
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...ause of action asserted against moving defendant CAUSES OF ACTION: from Complaint 1) Wrongful Death (Negligence—Premises Liability) 2) Wrongful Death (Medical Malpractice) SUMMARY OF FACTS: Plaintiff Francesca Morales, the surviving wife of decedent Robert Austria Morales, and plaintiffs Robert Nathan Morales and Matthew Ethan Kyle Morales, the surviving adult and minor sons of decedent, allege that in June of 2020, decedent was admitted to def...
2023.10.13 Motion for Judgment on the Pleadings 241
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.10.13
Excerpt: ...ong-Beverly Act—Breach of Implied Warranty 3) Violation of the Song-Beverly Act Section 1793.2 SUMMARY OF FACTS: Plaintiff Naomi Mendoza alleges that in October of 2022 plaintiff purchased a 2021 Ford Explorer vehicle for which defendant Ford Motor Company (Ford) issued a written warranty, pursuant to which Ford agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utilit...
2023.09.29 Motions to Compel Further Responses 395
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...pecial Interrogatories (Set One), Interrogatories Nos. 1, 4, and 19, from each plaintiff FACTUAL 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. and National Community Renaissance of California, while conducting construction work installing a new fire sprinkler system and plumbing at property directly behind the sub...
2023.09.29 Motions to Compel Depositions of PMQ, to Augment Expert Witness Designation 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...tion to Clarify Order clarifying the comments at the September 15, 2023 hearing regarding the discovery cutoff or, in the alternative, allowing the completion of only the deposition of plaintiff's expert Dr. Tawhid Gazi Motions to Compel Depositions (2) Order compelling the deposition of the Person Most Qualified for Olympus America Inc. and Production of Documents Order compelling the deposition of the Person Most Qualified for Olympus Corporati...
2023.09.29 Motion to Transfer Venue 177
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.09.29
Excerpt: ...of venue to West Covina Courthouse. FACTUAL BACKGROUND: Plaintiff Kashif Khan alleges that in February of 2021 plaintiff leased a 2021 Mercedes-Benz S560, for which defendant Mercedes-Benz USA, LLC (Mercedes) issued a written warranty, pursuant to which Mercedes agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle ...

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