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2023.02.24 Motions to Compel Arbitration 529
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ...bitration SUMMARY OF FACTS: 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 subject vehicle was leased to plaintiff with express warranties that the vehicle would be free from defects in materials, nonconformities, or workmanship during the applicable warranty period and to th...
2023.02.24 Motion to Set Aside Judgment 243
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ...dly due on an account for the sum by which plaintiff alleges defendant Tatul Gagikyan has been unjustly enriched by virtue of receiving monetary or other benefit from plaintiff. On July 7, 2021, plaintiff filed a Request for Entry of Default of defendant, which was entered as requested the same date. On July 27, 2021, the court entered a judgment by the court by default based on plaintiff's written declaration in favor of plaintiff and against de...
2023.02.24 Motion to Set Aside Default and Quash Service of Summons 595
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ...n alleges that defendants Ana Airapetian and Tamara S. Chirkalina became indebted to plaintiff in the sums of money of $17,000 and $25,000 for plaintiff's services rendered and failed to repay the money by issuing a check in the amount of $17,000 from a closed account and refusing to pay the amount of $25,000 when requested. The file shows that on December 13, 2022, default was entered against moving defendant Anna Airapetian, based on proof of s...
2023.02.24 Motion to File Docs Under Seal 583
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ... 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 turn, for the benefit of CMD, entered into a s...
2023.02.24 Motion to Compel Arbitration 446
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ...o plaintiff by which defendant Tesla, Inc. dba Tesla Motors, Inc. undertook to preserve or maintain the utility or performance of plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty, including structural and electrica...
2023.02.24 Demurrer to FAC 801
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ...ng) 1) Violation of Subdivision (d) of Civil Code Section 1793.2 v. FCA 2) Violation of Subdivision (b) of Civil Code Section 1793.2 v. FCA 3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 v. 4) Breach of Implied Warranty of Habitability v. FCA 5) Negligent Repair v. Dodge SUMMARY OF FACTS: Plaintiffs Tyler Lee and Sherillelyn Lee allege that in December of 2018, plaintiffs entered into a warranty contract with defendant FCA US, LL...
2023.02.24 Demurrer 026
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.24
Excerpt: ...ners' Association (“Excelsior HOA”) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (“Excelsior”). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of the Paul J. Abramson Trust, the owner of real property Unit 676 at Excelsior, and a member of Excelsi...
2023.02.10 Petition to Confirm Arbitration Award 178
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.10
Excerpt: ...ARBITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): ok, Petition, Exhibit 4(b), para. 10 Arbitrator(s) name(s) (§1285.4(b)): Thomas M. Haskins (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Petition, Exhibit 8(c) Petition served and filed not earlier than 10 days after service of the award (§1288.4) and no more than 4 years (§1288) after signed copy of ...
2023.02.10 Motions to Compel Responses 645
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.10
Excerpt: .... 2 and Supplemental Interrogatory, Set No. 1 Responses to Request for Production of Documents, Set Two Responses to Supplemental Request for Production of Documents and Other Tangible Things, Set No. 1 Order Deeming Requests for Admissions, Set One, Admitted CHRONOLOGY Date Discovery served: May 10, 2022, Oct. 29, 2022 Extensions of time to respond until: July 1, 2022, December 12 2022, without objections Date Responses served: NO RESPONSES SERV...
2023.02.10 Motion to Compel Deposition 845
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.10
Excerpt: ...anctions against Sleiman Timani, who appeared as PMK from X3 AST Consulting, Inc. Order compelling the answer and production for inspection of documents described in deposition notice. FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment (Plaintiff) brings this action against defendants X3 AST Consulting, Inc. (X3 AST Consulting), Sleiman A. Timani, and Marques Johnson, alleging that plaintiff is engaged in the automobile export business, a...
2023.02.03 Demurrer, Special Motion to Strike 527
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.03
Excerpt: ...ach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Intentional Interference with Contractual Relations 4) Negligence SUMMARY OF FACTS: Plaintiff Levet, Inc. alleges that it is a general contractor primarily engaged in the business of home improvement construction projects as well as construction of Accessory Dwelling Units (ADUs). Plaintiff alleges that prior to the commencement of this action, plaintiff and defendant...
2023.02.03 Motion for Preliminary Injunction 631
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.03
Excerpt: ...of an easement for ingress and egress over the westerly ten feet of an adjoining lot, which is owned by defendant MTMD LLC. Plaintiffs allege that in August of 2022, defendant MTMD caused or permitted construction works on the MTMD property, including building a fence and preparing ground for concrete across the Daher easement, which unreasonably interferes with plaintiffs' use of the Daher easement by blocking the easement, and preventing plaint...
2023.02.03 Motion to Compel Arbitration 514
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.03
Excerpt: ...ing all proceedings and discovery in this action pending resolution of defendants' motion to compel arbitration. SUMMARY OF FACTS: Plaintiff Khristopher Kobaian alleges that in March of 2018, plaintiff entered into a warranty contract with defendant Ford Motor Company regarding a 2018 Ford F-150 vehicle which was manufactured or distributed by defendant Ford Motor Company. Plaintiff alleges that the warranty contract contained various warranties,...
2023.02.03 Motion to Compel Further Responses 002
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.02.03
Excerpt: ...zation in further response to Defendant's Request for Production of Documents, Set Three, No. 55, and a signed authorization with which to obtain sworn testimony from plaintiff's psychotherapist, Beverly Lockwood Conlan. FACTUAL BACKGROUND: Plaintiff Lisa Goodrich alleges that on June 19, 2017, while she was a passenger in a vehicle which was entering an intersection, defendant Guillermo Eduardo Padilla, Jr., driving a tractor-trailer, made an un...
2023.01.27 Demurrer, Motion to Strike 691
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.27
Excerpt: ...N: from (Form) Complaint 1) Premises Liability 2) General Negligence SUMMARY OF FACTS: Plaintiff Razmik Boghossian alleges that on January 14, 2022, plaintiff was injured on a public sidewalk in La Canada Flintridge, which was owned, operated or controlled by defendants Turn Around Communications, Inc., Charter Communications, Inc., and the City of La Canada Flintridge. Plaintiff alleges he was injured when he was walking on the subject sidewalk ...
2023.01.20 Motion to Revise or Modify Prior Court Order 515
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.20
Excerpt: ...f 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 and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging ...
2023.01.20 Motion to Compel Further Responses 050
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.20
Excerpt: ...efendant Olympus Corporation of Americas to produce documents improperly designated as privileged and withheld by defendant, to order the deposition witness to testify concerning the purported privileged topics, and to produce documents requested at deposition. MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with...
2023.01.20 Demurrer, Motion to Strike 277
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.20
Excerpt: ...ed Complaint Strike punitive damages and attorney's fees CAUSES OF ACTION: from Second Amended Complaint 1) Member Derivative Action for Breach of Contract 2) Member Derivative Action for Breach of Fiduciary Duty 3) Breach of Fiduciary Duty 4) Aiding and Abetting Breach of Fiduciary Duty 5) Breach of Fiduciary Covenant of Good Faith and Fair Dealing Membership Interest Assignment Agreement 6) Breach of Implied Covenant of Good Faith and Fair Deal...
2023.01.20 Demurrer to FAC 323
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.20
Excerpt: ... Amended Complaint (from body of pleading, not caption) 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 FACTS: Plaintiff Stepan Tashchyan alleges that in May of 2019 plaintiff entered into an oral contract with defendants Martin Stepanyan, D.D.S. and Stepan...
2023.01.13 Motion to Set Aside Default 577
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.13
Excerpt: ...curin, her brother, and the estates of her two sisters, defendant Estate of Adelaida L. Bacurin, and defendant Estate of Leonora L. Bacurin, alleging that real property in Glendale is now being held by defendant Luis Bacurin as the current, purported sole owner of record by means of an Affidavit of Death of Joint Tenant (Adelaida Bucurin), which was recorded in April of 2022. Plaintiff alleges that in April of 2008, plaintiff acquired an equal ow...
2023.01.13 Motion to Compel Further Responses 440
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.13
Excerpt: ...ND: Plaintiff Domingo Covarrubias alleges that in July of 2020, plaintiff leased a 2020 Alfa Romeo Giulia vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant 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. Plaintiff alleges that...
2023.01.13 Motion to Compel Further Responses 325
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.13
Excerpt: ...pt to resolve informally: Ok, Decl., paras. 24-32, Exs. 7-9 FACTUAL BACKGROUND: Plaintiff Lilia Benitez alleges that in November of 2021, plaintiff purchased a new 2021 Jeep Grand Cherokee vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compens...
2023.01.13 Motion for Sanctions 515
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.13
Excerpt: ...as 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 and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging electrical wire, a tall truck ahead of plaintiff's vehicle...
2023.01.13 Motion for Leave to File Amended Complaint 392
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.13
Excerpt: ...dds allegation that the deed of trust was forged and seeks treble damages against defendant Athas pursuant to CCP section 749 for forging a deed of trust. RELEVANT FACTS: Plaintiff Filaip Patatanian alleges that since 2001, plaintiff has owned a unit of real property on Liberty Avenue in Glendale. Plaintiff alleges that in 2018, defendants Athas Capital Group, Armine Kalogeras, Crown Escrow Corporation, Rosalina Cisneros and certain Doe defendant...
2023.01.13 Motion for Compromise of Pending Action 266
Location: Los Angeles
Judge: Hofer, Ralph C
Hearing Date: 2023.01.13
Excerpt: ...ndant Americana La Crescenta, LLC, which owned, managed and operated the apartment complex and the subject property. Plaintiffs allege that the subject property has suffered from, and continues to suffer from, numerous problems, including inadequate hot water, noxious and repulsive odors, and defective plumbing, and that defendant has failed and refused to maintain the subject property, has refused to expend the necessary sums to maintain the sub...

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