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2021.03.17 Motion for Reconsideration, for Summary Adjudication 469
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2021.03.17
Excerpt: ... (1) The California Rehabilitation Institute, LLC (“Cal Rehab”); (2) Select Employment Services, Inc. (“Select Employment”); (3) Select Medical Corporation (“Select Medical”); and (4) CRI ES, Inc. (“CRI”) (collectively, “Defendants”). Plaintiffs also named the Director of Pharmacy, Defendant Alex Jawharjian, as a defendant. The Court previously granted Defendant Alex Jawharian's motion for summary judgment, finding that Plaint...
2021.03.17 Demurrer 076
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2021.03.17
Excerpt: ...raza, Lenora M. Peraza, and “Omar Blackburn and Residents.” This action was filed against Ziv Properties and Manuel Gutierrez, asserting causes of action for: (1) Housing Discrimination, (2) Harassment, and (3) Civil and criminal negligence. Defendants filed demurrers and motions to strike, which Plaintiffs did not oppose. The demurrers are sustained, and the motions to strike are granted, with leave to amend. LEGAL STANDARD A. Demurrer A dem...
2021.01.21 Motion for Reconsideration 252
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2021.01.21
Excerpt: ...Court Connect rather than in person. BACKGROUND On January 23, 2019, Plaintiff Kerry Bryan Boss filed a Complaint against Defendant Alexander Eshaghian, stating personal injury and property damage claims arising out of a car crash which occurred on January 22, 2017. On November 27, 2019, Plaintiff filed a motion in Department 2 to correct the filing date for the Complaint on the grounds that Plaintiff attempted to timely file the Complaint but fa...
2020.12.03 Motion to Transfer Venue 818
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.12.03
Excerpt: ...smith is a Delaware corporation, doing business in Los Angeles County, where Plaintiff was employed as a Mobile Technician from June 2019 to October 16, 2019. Plaintiff alleges he was misclassified as an exempt employee. The action is currently pending in Department 72 of the Stanley Mosk Courthouse. On October 9, 2020, Defendant Repairsmith filed a Motion to Transfer to Southwest District of Los Angeles County with the hearing set in Department ...
2020.12.03 Motion for Reconsideration 835
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.12.03
Excerpt: ... in Department 71 of the Stanley Mosk courthouse, issued an order finding the cases were not related within the meaning of California Rules of Court, rule 3.300(a). On October 5, 2020, Plaintiff filed an “Application for Reconsideration as to Relating L.A.S.C. Case BC706835 to L.A.S.C. BC716737 Pursuant to C.C.P § 1008” in Department 71. On October 20, 2020, Judge Bachner denied the application for reconsideration citing LASC Local Rule 3.3(...
2020.11.12 Motion to Transfer Venue 842
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.11.12
Excerpt: ...ged State Farm insured Thao Ho under policy number 77- C2-W937-0, which provided coverage for a residential property in Palmdale, California. Plaintiff State Farm allegedly paid insurance benefits to Ho in the amount of $50,698.61 after Defendants negligently performed work on the Palmdale property. On October 30, 2019, Southern California Edison filed a cross- complaint against Tidwell Excavation Acquisition Company, Inc. for: (1) equitable inde...
2020.10.29 Motion to Vacate or Stay Sister State Judgment 149
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.10.29
Excerpt: ...ski County, Arkansas entered a default judgment in favor of Farnsworth and Jones in the amount of $425,798.42 against Marquee Television, Inc. and Harry Hutchinson, jointly and severally, in Case No. 60CV-19-5292. The clerk of the Los Angeles Superior Court entered the requested sister-state judgment, plus interest and costs, in the amount of $502,056.84. On August 7, 2020, Defendants Harry Hutchinson and Marquee Television, Inc. filed a Motion t...
2020.10.15 Motion to Vacate Rulings 605
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.10.15
Excerpt: ...dge Meiers' position that she has by no means any bias against Plaintiff and has not acted improperly in any regard. Judge Meiers, nevertheless, declares herself to be disqualified solely by the failure to timely respond as required by Code.” On August 6, 2020, the court reassigned this case to Judge Stuart M. Rice in Department 49 of the Stanley Mosk Courthouse. Plaintiff's Motion to Vacate Rulings On September 16, 2020, Plaintiff Kevin Moda f...
2020.09.10 Motion for Reconsideration 553
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.09.10
Excerpt: ..., Limited, and Gilu Investments, Limited in Los Angeles Superior Court case BC290553 Shashikant Jogani v. Haresh Jogani, et al. On March 17, 2015, Judge Rolf M. Treu issued an order relating cases BC564146 Shailesh Jogani v. Haresh Jogani, et al and BC290553. On October 7, 2015, Judge Mark V. Mooney issued an order relating cases BC592468 Rajesh Jogani v. Haresh Jogani, et al and BC595448 Chetan Jogani v. Haresh Jogani, et al with the previously ...
2020.09.03 Motion to Transfer Action 893
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.09.03
Excerpt: ...cific performance; (4) fraud; (5) conversion; (6) violation of Corporations Code § 212(a); (7) intentional infliction of emotional distress; (8) failure to pay wages in timely manner (Labor Code §§ 201, 204); (9) failure to furnish accurate wage and hour statements (Labor Code §§ 226 and 226.3); (10) failure to maintain accurate payroll records (Labor Code §§ 226, 1174, and 1174.5); and (11) declaratory relief. On July 27, 2020, the court ...
2020.08.13 Motion for Reconsideration 101
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.08.13
Excerpt: ... of the Stanley Mosk courthouse, issued an order finding the cases were not related within the meaning of CRC 3.300. On June 29, 2020, Defendants/Cross-Complainants filed a Motion for Reconsideration Re Notice of Related Cases with the hearing set in Department 1. On July 31, 2020, Plaintiffs/Cross-Defendants 1957P Management, LLC, South Cord Holdings, LLC, EEL Holdings, LLC, Elliot Lewis, and Anna Lewis filed their opposition and Defendants/Cros...
2020.08.06 Motion to Transfer Venue 073
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.08.06
Excerpt: ...e operative Second Amended Complaint asserting causes of action for: (1) Unlawful Gender, Sex, and/or Sexual Orientation Discrimination and/or Harassment; (2) Unlawful Race, Color, and/or National Origin Discrimination and/or Harassment; (3) Failure to Prevent Unlawful Discrimination and/or Harassment Based on Gender, Sex, Sexual Orientation, Race, Color, and/or National Origin; and (4) Retaliation Based on Gender, Sex, Sexual Orientation, Race, ...
2020.07.30 Motion to Transfer Action 946
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.07.30
Excerpt: ...nuary 9, 2019, Ruiz filed a First Amended Complaint adding minors Melanie Siomara Medina, Morayma Tamara Medina, Valeria Jiromy Medina, Kimberlyn Jisel Delgado, and Alicia Miranda Delgado as plaintiffs. The FAC asserts causes of action for: (1) violation of Civil Code § 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business & Professions Code § 17200 et seq; (5) negligence; and (6) premises liability. Th...
2020.06.25 Motion to Reconsider 553
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.06.25
Excerpt: .... On March 17, 2015, the Honorable Rolf M. Treu issued an order relating cases BC564146 Shailesh Jogani v. Haresh Jogani, et al and BC290553. On October 7, 2015, the Honorable Mark V. Mooney issued an order relating cases BC592468 Rajesh Jogani v. Haresh Jogani, et al and BC595448 Chetan Jogani v. Haresh Jogani, et al with the previously related cases BC564146 and BC290553. On January 16, 2020, Shashikant Jogani filed a CCP § 170.6 challenge aga...
2020.05.20 Application for Entry of Default Judgment 972
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.05.20
Excerpt: ...rement System Under The Public Employees Retirement Law And All Proceedings Leading Thereto, Including The Adoption Of A Resolution That Authorizes Issuance Of Pension Obligation Bonds, The Execution And Delivery Of A Trust Agreement And Purchase Contract, And The Sale Of Such Bonds” as defendants. The complaint seeks to validate the issuance of revenue bonds to refund certain pension obligations of the City pursuant to the PERS Contract. The C...
2020.05.14 Motion to Compel Depositions 889
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.05.14
Excerpt: ...n and Defendant's opposition thereto. Plaintiff contends he must take the depositions of Ennily Chan and Christian Beshara to oppose Defendant's motion for summary judgment. Defendant agreed to the depositions on April 28, 2020, but Defendant would not agree to the depositions by remote means. (King Decl. ¶¶ 6-7.) On May 7, 2020, Defendant filed its motion for summary judgment or, in the alternative, summary adjudication with the hearing set fo...
2020.05.05 OSC Re Preliminary Injunction 174
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.05.05
Excerpt: ...urther provided: “The case is remanded with instructions for the trial court to do one of two things. It may permit Bagby to accept a new default judgment reducing the amount of his compensatory damages award to $5 million. [Citations]. Any such default judgment award shall include a reduction of $366,021.41, such that no default judgment award may exceed a total of $5 million. Alternatively, the court may permit Bagby to file and serve an amen...
2020.03.12 Motion to Transfer Civil Cases 331
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.03.12
Excerpt: ... Fund, LLC v. John Ray Ware with the hearing set in Department 1. Plaintiff Bag Fund, LLC filed an opposition on February 28, 2020. The opposition was improperly served via regular mail, (CCP § 1005(c)), and the affidavit of service is dated January 28, 2020, long before the initial motion was filed. However, as stated below, the court finds Basta, Inc. failed to meet its initial burden and therefore Bag Fund's opposition is immaterial to the co...
2020.03.05 Motion to Transfer Venue 693
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.03.05
Excerpt: ...iss Nasiri filed a “Motion to Transfer Venue CCP § 397(a); Request for Reasonable Sanctions of $900” with the hearing set in Department 1. Plaintiff White Zuckerman Warsavsky Luna & Hunt, LLP filed its opposition on February 7, 2020 and Defendant filed a reply on February 27, 2020. Defendant requests the court transfer this case to either the Torrance Courthouse in the Southwest District of the Los Angeles Superior Court or to Orange County....
2020.03.05 Motion to Relate Cases 804
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.03.05
Excerpt: ...019. On September 25, 2019, Department 1 issued an order on the Notice of Related Case ruling “the court declines to relate any of the cases listed in the Notice of Related Case.” On February 4, 2020, Kyle Johnson filed a Motion to Relate Cases in civil law case 19STCV23804 with the hearing set in Department 1. The motion seeks to relate civil law case 19STCV23804, currently pending in Department 39 of the Stanley Mosk Courthouse, and harassm...
2020.02.27 Motion for Change of Venue 069
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.02.27
Excerpt: ...he Stanley Mosk courthouse in the Central District. On December 13, 2019, Simon, Blood, Yvonne Goodin, and Villa Aqua Association filed a Stipulation and Order to Transfer Action from Central District to South District of the Los Angeles Superior Court. On January 17, 2020, Judge Stuart M. Rice denied the stipulation and order stating “Counsel shall file a noticed motion seeking approval for transfer in Department 1 of the Central District in a...
2020.02.06 Motion for Reconsideration 328
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.02.06
Excerpt: ...8 and 19STCV39620 Patrick Soon‐Shiong v. Sorrento Therapeutics, Inc. On January 8, 2020, Judge Green accepted Sorrento Therapeutics' January 3, 2020 CCP § 170.6 challenge in 19STCV39620 and transferred all three cases to Department 1 for review and determination regarding reassignment. On January 10, 2020, Defendants and Cross-Complainants Dr. Patrick Soon-Shiong and NantCell, Inc. in 19STCV11325, Plaintiffs NantPharma, LLC and Immunotherapy N...
2020.01.23 Motion to Transfer 974
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.01.23
Excerpt: ... Valley courthouse. On June 28, 2019, Plaintiffs filed a First Amended Complaint removing Ana Abarca as a named plaintiff and substituted Statewide Traffic Safety and Sign, Inc. as defendant Doe 1 on September 12, 2019. On October 15, 2019, Plaintiffs dismissed County of Los Angeles. On September 9, 2019, Granite Construction Company and City of Lancaster filed a cross- complaint against Union Pacific Railroad and Statewide. On October 23, 2019, ...
2020.01.16 Motion to Relate Cases 236
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.01.16
Excerpt: ...s were not related within the meaning of CRC 3.300(a). On December 17, 2019, Plaintiff Century-National Insurance Company filed a Motion to Have Cases Related in 19STCV42236 with the hearing set in Department 1. The motion is unopposed. (CCP § 1005.) In the event that the pertinent judge under CRC 3.300(h)(1) does not relate any of the cases set forth in a Notice of Related Case, Department 1 may relate the matters on noticed motion. (CRC 3.300(...
2020.01.09 Motion to Relate Cases 213
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2020.01.09
Excerpt: ...he two cases were not related within the meaning of CRC 3.300. On December 5, 2019, Defendant Scott Brooks Insurance Services filed a Motion to Relate Actions in EC069213 with the hearing set in Department 1. On December 11, 2019, Defendants 11015 Noho and Evolve Realty filed a joinder to the motion. On December 27, 2019, Plaintiffs Haray Ghazarian, Rafigh Shahmirzayan and Garnik Savarani filed their opposition in 19STCV01825 and Defendants filed...
2019.12.19 Motion for Related Case Order 579
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.12.19
Excerpt: ...aintiffs Silver Lake Spine Institute and Pacific Sixteen, LLC filed a Motion for a Related Case Order in BC713579 with the hearing set in Department 1. Plaintiffs' counsel is advised to ensure his motion captions and notices of motion are consistent. The caption page indicates the motion is solely brought by Silver Lake Spine Institute whereas the Notice indicates the motion is brought by both Plaintiffs. Similarly, the caption page indicates Tim...
2019.12.19 Motion for Change of Venue 435
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.12.19
Excerpt: ...tamped, was in fact attached to the complaint rather than separately filed. The case is currently pending in Department 39 of the Stanley Mosk Courthouse in the Central District of the Los Angeles Superior Court. The operative Second Amended Complaint asserts causes of action for: (1) quiet title; (2) fraud, misrepresentation, and concealment; (3) intentional breach of promise; (4) cancellation of written instrument and partition; and (5) breach ...
2019.12.12 Motion to Relate Cases 218
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.12.12
Excerpt: ...ted in CRC 3.300(a). On May 30, 2019, the court ordered judgment in favor of the plaintiff in 18DWSC05279. Defendants filed their Notice of Appeal on July 12, 2019 and the appeal of the small claims judgment is set for trial de novo on February 6, 2020 in Department 1 of the Bellflower Courthouse. On November 7, 2019, Defendants filed a Motion to Relate Cases in 18STLC13218 with the hearing set in Department 1. The motion is unopposed. Defendants...
2019.10.10 Motion to Relate Cases 889
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.10.10
Excerpt: ...ement filed its 48th breach of contract case against tenants of the Burlington Apartments. On July 10, 2019, Plaintiff FML Management Corp. filed a Notice of Related Case listing all 48 cases. Counsel is reminded of the duty to promptly file a Notice of Related Case. (CRC 3.300(e).) The cases identified in the Notice are: - 18STUD09889 FML v. Hernandez* - 18STUD09892 FML v. Hernandez* - 18STUD09894 FML v. Fernandez* - 18STUD10834 FML v. Xum* - 18...
2019.9.26 Motion to Transfer 634
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.9.26
Excerpt: ...e Rene Merlander Family Trust and the Merlander Family Irrevocable Trust, Thomas R. Kroesche, as Trust Protector of the Rene Merlander Family Trust and the Merlander Family Irrevocable Trust, as well as Stanley Hutchinson and Gary Talavera in their individual capacities asserting 17 causes of action. Plaintiffs' case, 19TRCV00634 Merlander, et al v. Araujo, et al, is currently pending in Department B of the Torrance Courthouse in the Southwest Di...
2019.9.26 Motion to Relate Cases 576
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.9.26
Excerpt: ... June 24, 2019, Plaintiff Samra Zuniga filed a Notice of Related Case in BC718803 indicating the case was related to BC708576 and 19STCV18246. Plaintiff Zuniga did not file the same Notice in the other cases as required by CRC 3.300(d). On July 19, 2019, Plaintiffs Juan Cristobal, Florencio Garcia, Jairo Pacheco, Isaac Sandoval, Faustino Juan Bolanos, Alejandro Valle, Patricia Contreras, Emmanuel Pacheco, Pedro Lopez, and Rogelio Garcia filed a N...
2019.8.29 Motion to Correct Judgment 574
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.8.29
Excerpt: ...nt in BC342574 that was affirmed by the Court of Appeal on February 3, 2012. This court's reasons are set forth in those prior orders, which are incorporated herein by reference. More specifically, the court has issued orders denying this request in orders dated as follows: 1. November 5, 2015; 2. May 19, 2016; 3. August 4, 2016; 4. September 16, 2016; 5. December 14, 2017; 6. January 18, 2018; 7. January 10, 2019; 8. January 28, 2019; and 9. Mar...
2019.8.22 Motion to Relate Cases 334
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.8.22
Excerpt: ... 16, issued an order declining to relate the two cases. On May 9, 2019, Defendants Fox Digital Enterprises, Inc. and Fox Payroll Services, Inc. filed a Motion to Relate Cases in Department 1. On August 8, 2019, Plaintiffs Thomas Stock-Hendel and Patrick Williams each filed a notice of non-opposition to the motion noting they were not willing to stipulate to consolidate the cases, but do not oppose the request. In the event that the pertinent judg...
2019.8.22 Motion to Transfer and Consolidate for All Purpose 096
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.8.22
Excerpt: ... 19STCV03014.” On July 12, 2019, Defendant Kris Park once again filed a “Motion to Transfer and to Consolidate for All Purpose” in Department 1 with the hearing set for August 22, 2019. The motion is identical to the motion Department 73 previously denied without prejudice. The motion seeks to transfer unlimited civil law case TC929210, currently pending in Department A of the Compton Courthouse, and unlimited civil law case 19STCV03014, cu...
2019.7.11 Request for Clarification of Judgments 574
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.7.11
Excerpt: ...and Judith M. Brown-Williams filed a “Request for Clarification of the Judgments and Orders Re: Vexatious Litigant filed May 5, 2015; Case No. PC056141.” Plaintiffs “request clarification of the Court's Ruling on May 9, 2019 as to where the Applications to be removed from the Judicial Council Vexatious Litigant List need to be filed and/or grant Plaintiffs the permission required by the Hon. Judge Stephen Pfahler to consider the Plaintiffs ...
2019.7.11 Motion for Change of Venue 021
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.7.11
Excerpt: ...fore the services began. The complaint alleges Plaintiffs are long-term residents of Shelter Isle Mobile Estates, a mobilehome park located in Pacoima. Plaintiffs dismissed Defendant Gelms without prejudice on January 16, 2019. Procedural History On February 5, 2019, Judge Rafael A. Ongkeko issued an order denying Defendants' motion for change of venue without prejudice, noting that the motion must be heard in Department 1, as required by LASC Lo...
2019.6.27 Motion to Deem Cases Related 758
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.6.27
Excerpt: ...nd found the cases were not related within the meaning of CRC 3.300(a). On June 3, 2019, Plaintiffs Green Solar Technologies, Inc. and Nicki Zvik filed a Motion to Deem Cases Related in Department 1. The motion is unopposed. In the event that the pertinent judge under CRC 3.300(h)(1) does not relate any of the cases set forth in a Notice of Related Case, Department 1 may relate the matters on noticed motion. (CRC 3.300(h)(1)(D); LASC Local Rule 3...
2019.6.27 Motion to Transfer Case 437
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.6.27
Excerpt: ...ourthouse. On April 23, 2019, Defendants Sandra Dominguez and Rafael Dominguez filed a Motion for Order Transferring Action to Proper Court in Department 2 of the Spring Street Courthouse. On May 29, 2019, the court denied the motion without prejudice, noting the motion should have been brought in Department 1. Defendants re-filed the motion on May 29, 2018 for hearing in Department 1. Defendants contend that the instant action should be transfer...
2019.6.13 Motion to Relate Cases 388
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.6.13
Excerpt: ...been allowed to consider a Notice of Related Case seeking to relate those two unlimited jurisdiction civil law cases to each other, and has not denied relating those cases.” Department 1 also noted that its consideration of the Notice “would be limited to whether or not any of the listed pending civil law cases should be related to any of the listed probate law cases, not whether or not the subject two listed civil law cases should be related...
2019.6.6 Motion to Relate Cases 216
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.6.6
Excerpt: ... an order finding BC711216 and BC659568 were related within the meaning of CRC 3.300. However, on May 7, 2019, Judge Lui issued an order finding, after further review, the cases were not related within the meaning of CRC 3.300. On May 9, 2019, Defendants State Farm General Insurance Company, Sally Corona, Aileen Zakarian, and Tony Griffin filed a Motion to Relate Cases in Department 1. The motion is unopposed. In the event that the pertinent judg...
2019.5.30 Motion to Deem Cases Related 566
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.5.30
Excerpt: ...ply on May 22, 2019. While Plaintiff's Opposition was filed and served a day late, possibly due to the May 27, 2019 holiday, Defendants' Reply responded to the Opposition on the merits. Therefore, the court denies Defendants' request that the court disregard the Opposition. Defendants' motion seeks to deem related the following cases, in the order of filing: - VC065792 Farzad Kohanbash v. Specialty Baking, Inc., et al (filed September 8, 2016); -...
2019.5.30 Motion to Declare Vexatious Litigant 696
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.5.30
Excerpt: ...new litigation in the courts of this state in propria persona without first obtaining leave of the Presiding Judge of the court where the litigation is proposed. (CCP § 391.7(a).) The court's April 25, 2019 order is incorporated herein by reference. The court ordered Case Cash to file any response to the OSC no later than five court days before the May 30, 2019 hearing date. To date, Case Cash has not filed any response to the OSC. CCP § 391(b)...
2019.5.30 Motion for Transfer of Case 060
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.5.30
Excerpt: ...in Department 1. On March 18, 2019, Plaintiff Green filed a Motion for Transfer of Case to Stanley Mosk Courthouse in Department 1. The court notes that the Motion was originally drafted as an ex parte application, but Plaintiff Green has used a pen to cross out the words “ex parte” from the document. Defendant Stephen C. Gambardella has not appeared in the action, and is therefore not entitled to notice of the motion. (CCP § 1010.) The moti...
2019.5.2 Motion to Transfer and Coordinate Actions 593
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.5.2
Excerpt: ...the Los Angeles Superior Court case, Christopher Coffey and Kevin Coffey, filed an opposition to the motion to transfer. On February 19, 2019, Plaintiff Samad Mesbahi filed his first motion to transfer and consolidate in the Orange County case. On April 17, 2019, Judge Martha K. Gooding of the Orange County Superior Court denied Plaintiff's motion due to insufficient evidence. LASC Local Rule 3.3(h) provides “[c]oordination motions seeking to t...
2019.5.2 Motion for Transfer 021
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.5.2
Excerpt: ...ore the services began. The complaint alleges Plaintiffs are long-term residents of Shelter Isle Mobile Estates, a mobilehome park located in Pacoima. Plaintiffs dismissed Defendant Gelms without prejudice on January 16, 2019. On February 5, 2019, Judge Rafael A. Ongkeko issued an order denying Defendants' motion for change of venue without prejudice, noting that the motion must be heard in Department 1, as required by LASC Local Rule 2.3(b)(2). ...
2019.4.11 Motion to Transfer Consolidated Cases 922
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.4.11
Excerpt: ...lderon filed a Motion for Order to Transfer Consolidated Cases in MC027922 seeking to transfer both cases from the North District to the Central District. The motion also seeks to specifically assign the cases to Judge Georgina Torres Rizk in Department 2 of the Spring Street Courthouse. The motion is unopposed. LASC Local Rule 2.3(b)(2) authorizes this court to transfer civil cases from one judicial district to another, including when the case w...
2019.4.11 Motion to Transfer for Coordination 044
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.4.11
Excerpt: ...iffs' prior two motions for coordination citing LASC Local Rule 3.3(h), which provides “[c]oordination motions seeking to transfer a case or cases to the Central District shall be filed and heard in Department 1.” On March 28, 2019, Victor Valdez, a defendant in Kern County Superior Court Case No. BCV-18- 101837, filed an opposition to the motion, arguing that the case should remain in Kern County. While Plaintiffs' motion solely seeks to tra...
2019.4.4 Motion to Transfer Case, for Monetary Sanctions 903
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.4.4
Excerpt: ...vices, LLC filed a motion entitled “Motion for Order Transferring Action (Change of Venue) and Request for Monetary Sanctions in the Amount of $1,460.00 against Plaintiff's Counsel of Record, HKM Employment Attorneys, LLP and The Figari Law Firm, Jointly and Severally” in LASC Case No. 19STCV00903. Plaintiff filed an opposition on March 21, 2019 and Defendants[1] filed a Reply on March 27, 2019. Defendant moves the court to transfer the actio...
2019.4.4 Motion to Transfer Action 292
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.4.4
Excerpt: ...rict. The case was filed on May 17, 2018, however, Department J has not ruled on any substantive motions in the case. The motion is unopposed and the moving parties filed a notice of non-receipt of opposition on March 27, 2019. LASC Local Rule 2.3(b)(2) authorizes this court to transfer civil cases from one judicial district to another, including when the case was filed in an improper district, or for the convenience of witnesses or to promote th...
2019.3.21 Motion to Transfer Venue 077
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.3.21
Excerpt: ...der Labor Code § 1102.5, and three common law claims. Hernandez filed the Complaint on January 24, 2019 and the case is assigned to Judge Gloria White-Brown in Department J of the Pomona Courthouse South. No opposition has been received to the motion. LASC Local Rule 2.3(b)(2) authorizes this court to transfer civil cases from one judicial district to another, including when the case was filed in an improper district, or for the convenience of w...
2019.3.14 Motion to Relate Cases 312
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.3.14
Excerpt: ...n February 26, 2019, Department 1 received a non-conformed courtesy copy of Defendants Garcia Rainey Blank & Bowerbank, LLP and Tabitha Rainey's motion to deem cases related. While the motion caption lists the case number as 18SMCV00312, the motion was never filed in that case. On March 7, 2019, Garcia Rainey Blank & Bowerbank, LLP and Tabitha Rainey filed the motion in BC645615. While the motions were not timely nor properly filed, (CCP § 1005)...
2019.3.7 Motion to Transfer 208
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2019.3.7
Excerpt: ...led action from the North District to the Central District of the Los Angles Superior Court. On February 22, 2019, Plaintiff James E. Godde filed an opposition to the motion. Defendant requests the court take judicial notice of documents filed in Los Angeles Superior Court Case BC583639 City of Los Angeles v. Godde, an eminent domain action filed on June 1, 2015. The request for judicial notice is GRANTED. (Evid. Code § 452(d).) The court entere...
2018.7.20 Motion for Leave to File Complaint 589
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.20
Excerpt: ...atter, FSIC purports to quote extensively from CCP § 387(a). However, FSIC cites the prior version of the statute. Code of Civil Procedure § 387 was amended effective January 1, 2018 and subdivision (a) now merely provides “”For purposes of this section: (1) ‘Defendant' includes a cross-defendant. (2) ‘Plaintiff' includes a cross-complainant.” Counsel is admonished to undertake to more thoroughly research applicable law and file plead...
2018.7.19 Motion for Reclassification 003
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.19
Excerpt: ...ction of emotional distress, and punitive damages. Defendant's attempt to argue how the merits of the case are likely to be or should be adjudicated is improper. (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 277 (“This standard involves an evaluation of the amount fairly in controversy, not an adjudication of the merits of the claim.”).) “Pain and suffering are not subject to precise measurement by any scale, and their translation ...
2018.7.18 Request for Entry of Default Judgment 187
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.18
Excerpt: ...ions 1, 2, or 3 of paragraph 5 regarding whether service was made at a business, home, or whether a physical address is unknown. Additionally, the declaration of diligence attached to the proof of service does not satisfy the diligence requirements. “[A]n individual may be served by substitute service only after a good faith effort at personal service has first been made: the burden is on the plaintiff to show that the summons and complaint can...
2018.7.17 Motion to Compel Responses 848
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.17
Excerpt: ...Request for Monetary Sanctions is MOOT. The court declines to impose sanctions. The parties do not dispute that Defendants responses were untimely and that responses were served on June 27, 2018, after the motion was filed. Neither party has provided the court with the responses served. Defendants contend they do not contain objections (Grebow Decl. ¶ 10), while Plaintiff contends the responses contain objections (Reply at 2.) As stated by the c...
2018.7.16 Demurrer, Motion to Strike 677
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.16
Excerpt: ...plaint. Defendant requests the court take judicial notice of the complaint and the two notices of errata to the complaint in this action. The request is granted, though unnecessary, as the court reviews the operative pleading in ruling on a demurrer, regardless of whether the parties request judicial notice thereof. Defendants demur to each cause of action asserted in the complaint. Fraud and Deceit (Fourth Cause of Action) and Negligent Misrepre...
2018.7.10 Petition to Correct Arbitration Award 427
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.10
Excerpt: ...286.2 and 1286.6, no later than July 31, 2018. The briefing will be simultaneous. The parties are ordered to deliver a <00160014000f0003001500 130014001b0011[ .Applicable Timeline The arbitration proceedings were conducted in three phases with the issue of damages decided in Phase I, the issue of punitive damages decided in Phase II, and the issue of attorneys' fees and costs decided in Phase III. <00550003004c0056005600 0051005700480055004c[m aw...
2018.7.6 Request for Entry of Default Judgment 507
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.6
Excerpt: ...hat each exhibit be separated by a tab extending below the bottom of the page bearing the exhibit designation. It also requires an index to exhibits be provided. Plaintiff failed to follow this rule. The exhibits are not tabbed or indexed. With approximately 400 cases on the court's docket, the importance of following these rules to the letter cannot be overemphasized, not to mention that if a party wishes the court to review evidence it submits,...
2018.7.6 Motion for Leave to File Complaint 541
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.6
Excerpt: ...ial facts regarding the defects in the 2013-2017 Nissan Sentra's CVT in an effort to induce consumers to purchase its products.” Nissan's Objection No. 1 is sustained and the remaining objections are overruled. The declaration of Amy Morse substantially complies with the requirements set forth in (CRC 3.1324.) The amendment adds a claim for fraud and the amendment is necessary and proper to assert all claims arising out of Plaintiff's purchase ...
2018.7.6 Motion for Attorney's Fees 640
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.6
Excerpt: ...below the bottom of the page bearing the exhibit designation. It also requires an index to exhibits be provided. Defendant failed to follow this rule. Its exhibits are not tabbed or indexed. With approximately 400 cases on the court's docket, the importance of following these rules to the letter cannot be overemphasized, not to mention that if a party wishes the court to review evidence it submits, the party should follow the applicable procedura...
2018.7.6 Demurrer 318
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.6
Excerpt: ...int. 2. Set forth the facts on which the plaintiff seeks to recover. 3. Describe the premises with reasonable certainty. 4. If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. 5. State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the...
2018.7.2 Motion for Immediate Stay of Action 861
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.7.2
Excerpt: ... involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.) Defendants highlight numerous identical allegations in the First Amended Co...
2018.6.28 Motion to Enforce Settlement 668
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.28
Excerpt: ...y the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” “Section 664.6 was enacted to provide a summary procedure for specifically e...
2018.6.27 Demurrer, Motion to Strike 677
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.27
Excerpt: ...rected notice of the motion until June 11, 2018 by regular mail and email, which did not provide the statutorily required 16-day notice period. (CCP § 1005(b).) While the court will continue the hearing and permit Plaintiff to address the merits, the court finds the conduct by counsel for all parties troubling. As an initial matter, both parties accuse the other of failing to follow the applicable rules, yet neither have complied with CRC 3.1110...
2018.6.27 Motion for Attorney's Fees 572
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.27
Excerpt: ...court actions outside of Los Angeles. The requests are DENIED. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 n.2 (“any matter to be judicially noticed must be relevant to a material issue.”).) Plaintiff's motion seeks $64,008.50 in attorneys' fees and costs. (Mo. at 12. Parker Decl. ¶ 14.) Attorney Parker states that this amount comprises “18,903.00 fees demanded by PLA [Parker Law APC], $60.00 costs demanded by ...
2018.6.15 Motion to Compel Arbitration, Stay Proceedings 494
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.15
Excerpt: ...laims are stayed pending the outcome of arbitration. Defendant USC moves the court to compel Plaintiff's fourth and fifth causes of action to binding arbitration pursuant to an Agreement to Arbitrate signed by Plaintiff. The motion was joined by Defendant Corral, who is also named as a Defendant in these two claims. “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving...
2018.6.14 Request for Default Judgment 572
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.14
Excerpt: ...t judgment in an amount in excess of that demanded in the complaint.”); Janssen v. Luu (1997) 57 Cal.App.4th 272, 275 (“the amount of damages communicated to the defaulting defendant sets the ceiling on the plaintiff's recovery, and that a default judgment in excess of that amount is void.”) “Section 580, and related sections ... 425.10 and 425.11, aim to ensure that a defendant who declines to contest an action does not thereby subje...
2018.6.14 Motion to Extend Stay 550
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.14
Excerpt: ...avoid the necessity of yet another motion to extend the stay. <0176011a01020176019a00 00030064017d018c018c>ance's motion to stay action pending the conclusion of the administrative process regarding Plaintiff's termination. The court stayed the matter and provided in relevant part: The matter will be set on calendar . . . for a status conference on December 13, 2017, at 8:30 a.m. If plaintiff's administrative matter is decided before then, plaint...
2018.6.14 Motion to Bifurcate 346
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.14
Excerpt: ... an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections <0003004900580055005700 00520049000300460052>nvenience or to avoid prej...
2018.6.14 Motion for Final Approval of Class Action Settlement, for Attorney's Fees 918
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.14
Excerpt: ...ion: (1) Failure to Pay Wages, (2) Failure to Pay Overtime Compensation, (3) Failure to Provide Meal Periods, (4) Denial of Law Rest Breaks, (5) Unfair Business Practices, and (6) Failure to Provide Accurate, Itemized Wage Statements. Plaintiff now moves the court for final approval of the settlement and for attorneys' fees. Under California Rules of Court, rule 3.769(a), “[a] settlement or compromise of an entire class action, or of a cause of...
2018.6.13 Motion to Enter Judgment 044
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.13
Excerpt: ...claration. Additionally, the court has no record of a separately filed proof of service. Therefore, Plaintiff must provide a proof of service at the hearing or otherwise demonstrate to the satisfaction of the court that the motion was properly served. Otherwise, the motion will be placed off calendar. The court finds the parties entered into a valid and binding settlement agreement. (Fisher Decl. Ex. 1.) The agreement required Defendant RMI to pa...
2018.6.13 Motion to Continue Trial 129
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.13
Excerpt: ...d that if he fails to follow this procedural rule again he will be sanctioned no less than $1000.00. Additionally and amazingly given defense counsel's previous gaffe in this regard, Defendant once again failed to timely file its motion as the last day to timely file the motion based upon the June 13, 2018 hearing date was May 21, 2018. (CCP § 1005(b).) However, Cross-Defendants responded on the merits and have waived any objection to the late f...
2018.6.12 Demurrer 305
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.12
Excerpt: ...stitute a cause of action against Defendant. “[T]he liability of public entities must be based on a specific statute declaring them to be liable, or at least creating some specific duty of care to the plaintiff.” (San Mateo Union High School District v. County of San Mateo (2013) 213 Cal.App.4th 418, 428.) “Since all government tort liability is dependent upon the existence of an authorizing statute, a public entity's duty created by st...
2018.6.5 Motion to Approve Settlement 708
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.5
Excerpt: ...ntends that he has settled only his PAGA claim and the settlement is to have no effect on the other employees. Defendant has failed to provide the court with any evidence that the proposed settlement was submitted to LWDA as required by Labor Code § 2699(l)(2), which requires that the proposed settlement be submitted to the Labor and Workforce Development Agency. The proof of service filed in connection with the instant motion does not list the ...
2018.6.1 Motion to Deem Admitted Requests for Admission, for Production of Docs 030
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.1
Excerpt: ...mir Malekan are deemed admitted. Defendant Amir Malekan is ordered to serve verified responses, without objection, to Plaintiff's Form Interrogatories, Set Three, Request for Production, Set Two, Special <019a011e018c018c017d01 03550003005e011e019a> One, within 20 days. The court imposes sanctions in the amount of $924.00 against Defendant Amir Malekan, consisting of $300.00 in motion fees and $624.00 in attorney's fees. <0110016c0003019a010201 0...
2018.6.1 Motion to Compel Further Responses, for Production of Docs 207
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.6.1
Excerpt: ...s. 7, 12-13, 18-19, 24-25, 28-37, 79-83, and 96 Plaintiff describes these requests as encompassing two categories: (1) those relating to Defendant's internal investigation and analysis of the defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects (Nos. 12-13, 18-19, 24-25, and 28- 37) and (2) those relating to Defendant's warranty and vehicle repurchase policies, procedures, and practices (Nos. 7, 79-...
2018.5.25 Petition to Approve Minor's Compromise 894
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.25
Excerpt: ... Stratman, & Williams‐Abrego, who is purported to be counsel for Defendants. “The requirement of notice is so fundamental to concepts of due process that it is deemed <015d017601500355000301 019000030189018c017dLvided by service of process; it is <011a015d0110019a015d01 019a0003015d01760003La matter rather than proof of service. Hence, when proof of service is mislaid, lost or otherwise unavailable, the courts are liberal in allowing proof of...
2018.5.25 Demurrer 182
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.25
Excerpt: ...000301c1015d01 010201c701900003016fLeave to amend and DENIED as to the request for attorneys' fees. Defendants demur to each cause of action asserted in the Complaint. Breach of Contract (First Cause of Action) To state a claim for breach of contract, a Plaintiff must allege sufficient facts to establish: (1) a contract between the parties; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaint...
2018.5.25 Demurrer 457
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.25
Excerpt: ...ety with ten days leave to amend on this basis. (CCP § 430.10(g).) Statute of Limitations Defendants contend that every cause of action in the FAC is barred by the statute of limitations. “A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred.... It must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred...
2018.5.25 Motion to Quash Subpoenas 533
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.25
Excerpt: ...rsons' right to privacy. “[A]lthough in seeking recovery for physical and mental injuries plaintiffs have unquestionably waived their physician-patient and psychotherapist-patient privileges as to all information concerning the medical conditions which they have put in issue, past cases make clear that such waiver extends only to information relating to the medical conditions in question, and does not automatically open all of a plaintiff's...
2018.5.22 Motion for Attorneys' Fees 805
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.22
Excerpt: ...summary declaration of Plaintiff that he “incurred a total of $12,357.00 for legal fees and costs.” Local Rule 3.214 provides the schedule for the computation of attorneys' fees in a default judgment. Pursuant to this schedule, Plaintiff's attorney's fee award would be $2,670.00. Plaintiff failed to provide an itemized statement of the services rendered which would support a higher award. (Local Rule 3.214(d) (“An application for a fee grea...
2018.5.17 Motion to Dismiss Action 804
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.17
Excerpt: ...s not completed the arbitration process, is no longer communicating with Defendant's counsel, and is unreachable by telephone or mail. (Christianson Decl. ¶¶ 10-13.) It appears Plaintiff has abandoned his case. “The court on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410–583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled wit...
2018.5.16 Motion for Leave to File Complaint 417
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.16
Excerpt: ...ate provisions of subdivision (b) or (c) shall be applicable if the complaint for injunctive relief is amended to request damages.” Thus, Plaintiff was not required to seek leave of court to file the amended pleading and the motion is GRANTED. Plaintiff is ordered to separately file the first amended complaint by the end of today, May 16, 2018. Defendant filed a “qualified” non-opposition, seeking a trial continuance of 90 days “to determ...
2018.5.16 Demurrer, Motion to Strike, to Strike Punitive Damages 207
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.16
Excerpt: ...t General Motors, LLC's Motion to Strike Punitive Damages from Plaintiff's First Amended Complaint [CCP §§ 435, 436] is GRANTED without leave to amend. Motion to Strike Improper Second Amended Complaint Plaintiff filed a Second Amended Complaint on March 26, 2018 without leave of court. Plaintiff's interpretation of CCP § 472 in Opposition and her citation to the Rutter Guide, which expressly states “there is no known reported decision permi...
2018.5.15 Demurrer 416
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.15
Excerpt: ...pposition that the demurrer, which addresses the second cause of action brought by Findings New York only, fails to dispose of an entire cause of action because it does not address the second cause of action as to Cross-Complainant Findings, Inc. This contention lacks merit. “A cause of action is simply the obligation sought to be enforced.” (Abatti v. Eldridge (1980) 103 Cal.App.3d 484, 488.) Both Cross-Complainants assert the second cause o...
2018.5.15 Motion to Deem Defendant Served 812
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.15
Excerpt: ... establish that Corriente California is an unincorporated association under California law. “The criteria applied to determine whether an entity is an unincorporated association are no more complicated than (1) a group whose members share a common purpose, and (2) who function under a common name under circumstances where fairness requires the group be recognized as a legal entity.” (Barr v. United Methodist Church (1979) 90 Cal.App.3d 259, 2...
2018.5.14 Demurrer 036
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.14
Excerpt: ... proceedings defects of a complaint are properly cured by amendments thereto, not by extraneous factual recitals in ‘response' to the demurrers.”). Defendant demurs to the first cause of action for quiet title only. Defendant contends that the Complaint fails to include necessary parties because it does not name Plaintiff's son's representative or estate. Pursuant to CCP § 762.010, “[t]he plaintiff shall name as defendants in the action th...
2018.5.11 Motion to Vacate Default, Set Aside Default Judgment, for Leave to File Answer 765
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.11
Excerpt: ...ismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (C...
2018.5.11 Demurrer 989
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.11
Excerpt: ...omas only. Defendants have ten days to answer the Complaint. Defendants demur to all causes of action asserted in the Complaint except for the seventh cause of action for wrongful termination. Defendant Precision does not demur to the fifth cause of action for retaliation. Individual Liability of Defendant Thomas for Discrimination and Retaliation Defendants correctly argue that Defendant Thomas, an alleged supervisor for Defendant Precision (Com...
2018.5.10 Petition to Confirm Contractual Arbitration 749
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.10
Excerpt: ...s chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.“ (§ 1286.) The court may not correct an award unless, among others, a petition or response requesting that the award be corrected or vacated was filed.” (Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) On April 25, 2018, Defendants K-Kars, Inc. and California Republic Bank filed thei...
2018.5.8 Motion for Summary Judgment 679
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.8
Excerpt: ...ng permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other ...
2018.5.7 Motion for Relief 922
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.7
Excerpt: .... In this hard‐ fought action, the likelihood that plaintiff received the motion and chose not to oppose it is slim. This suggests that the motion was not served on opposing counsel. The time for filing a proper proof of service has expired. (CRC 3.1300(c) (“Proof of service of the moving papers <011e0128017d018c011e00 011e0003010201890189Lointed for the hearing.”).) Therefore, the motion is ordered OFF CALENDAR for lack of proper service. ...
2018.5.4 Motion to Compel Compliance with Deposition Subpoena 385
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.4
Excerpt: ... pursuant to a subpoena duces tecum which seeks cellphone tower records for specified dates, billing statements reflecting all incoming and outgoing calls for specified dates, and billing statements reflecting all incoming and outgoing telephone calls or text messages for specified dates. The subpoena seeks records for two telephone numbers. (Castronovo Decl. Ex. K.) After consideration of the supplemental briefing submitted by the parties, the c...
2018.5.3 Demurrer 144
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.5.3
Excerpt: ...oodland (2007) 152 Cal.App.4th 1106, 1117 (“For example, the First Substitution recites that Shanley “is the present holder of beneficial interest under said Deed of Trust.” By taking judicial notice of the First Substitution, the court does not take judicial notice of this fact, because it is hearsay and it cannot be considered not reasonably subject to dispute.”).) The court may also take judicial notice of the legal effect of such docu...
2018.4.25 Demurrer 863
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.4.25
Excerpt: ...Lathrop v. Healthcare Partners Medical Group (2004) 114 Cal.App.4th 1412, 1423 (“Under the doctrine of respondeat superior, the vicarious liability of an employer or principal is not based on fault. The liability is imposed as a rule of policy, “a deliberate allocation of a risk,” regardless of the employer's control or fault. The employer's liability is wholly derived from the liability of the employee. The employer cannot be held ...
2018.4.17 Motion to Compel Deposition 639
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.4.17
Excerpt: ...filing fee. Plaintiff served a deposition subpoena on Defendant on June 9, 2017 and again on February 12, <0044004f004f0003005600 00030056005300480046>ific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(b)(1).) The motion indicates that the documents are required to determine what documents Elliot has th...
2018.4.6 Motion to Compel Application for OSC 720
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.4.6
Excerpt: ...ling non‐party 1330 Pico Associates to comply with a business records deposition subpoena. Defendants also seek an OSC Re: Contempt. Both of these requests require personal service of the motion papers or charging affidavit. (Cedars‐ Sinai Imaging Medical Group v. Superior Court (2000) 83 Cal.App.4th 1281, 1286–87 (Unless the citee has concealed himself from the court, he must be personally served with the affidavit and <0003016f01020110016...
2018.4.5 Motion to Compel Responses 011
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.4.5
Excerpt: ...rrogatories, Set Two and Request for Production of Document, Set Two, within 20 days. Defendant seeks sanctions against Plaintiff individually, but not Plaintiff's counsel, in the amount of $1,295.00 for each motion consisting of three hours of attorney time for each motion, an anticipated 0.5 hours reviewing each opposition, an anticipated 1.5 hours for each reply, an anticipated 0.5 hours preparing for the hearing, and an anticipated 3 hours to...
2018.4.3 Motion to Set Aside Entry of Default, Judgment 052
Location: Los Angeles
Judge: Jessner, Samantha
Hearing Date: 2018.4.3
Excerpt: ...atter, Defendants failed to submit a memorandum in support of their motion. Defendants filed a notice of motion and two declarations in violation of CRC Rule 3.1112(a): “the papers filed in support of a motion must consist of at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and (3) A memorandum in support of the motion or demurrer.” “In the absence of a voluntary submission to the authority of the court,...

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