Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1223 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Keosian, Gregory x
2024.03.29 Motion to Strike 238
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.29
Excerpt: ...re the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any...
2024.03.28 Motion for Summary Judgment, Adjudication 828
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.28
Excerpt: ...s made in Plaintiff's opposition to Defendant's separate statement, regarding its characterization of the evidence cited in support of the propositions contained therein. These objections are OVERRULED. Defendant's objections to Plaintiff's evidence submitted in opposition to the motion are more substantive. The declarations submitted by Plaintiff are replete with conclusory and speculative attributions of discriminatory and retaliatory motive to...
2024.03.28 Motion for Approval of PAGA Settlement 016
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.28
Excerpt: ...t should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” ( Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often also appe...
2024.03.27 Motion to Compel Further Responses, for Sanctions 404
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.27
Excerpt: ...arty to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that th...
2024.03.22 Motion to Compel Further Responses, for Sanctions 314
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.22
Excerpt: ...to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demo...
2024.03.22 Motion to Compel Depositions of PMKs 076
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.22
Excerpt: ...tion, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet -and -confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Plaintiffs Sina, Azadeh, and Sohrab Mardani (Plaintiffs) move to compel the deposition of Defendant County of Los Angeles's (County's) Person Most Knowledgeable (PMK) with respect to two notices of deposition for different s...
2024.03.20 Motion to Quash Service of Summons 890
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.20
Excerpt: ...pliance with the statutory procedures for service of process is essential to establish personal jurisdiction.” ( Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Mere notice of litigation does not confer personal jurisdiction absent substantial compliance with the statutory requirements for service of summons. ( MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) While courts are not required to accept self -serving eviden...
2024.03.20 Demurrer 985
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.20
Excerpt: ...iced. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...
2024.03.19 Motion to Expunge Lis Pendens 857
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.19
Excerpt: ...Board now seeking $6,852.32, representing $1,966.32 in funeral/burial expenses, $2,000.00 in relocation costs, and $2,886.00 for mental health treatment, resulting from the crime that is the subject of the present action. “The board shall also be entitled to a lien on any judgment, award, or settlement in favor of or on behalf of the recipient for losses suffered as a direct result of the crime that was the basis for receipt of compensation in ...
2024.03.19 Motion for Summary Adjudication, to Compel Further Responses 953
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.19
Excerpt: ...ests for Admission and Form Interrogatories from Defendant and Cross -Complainant City of Palmdale are GRANTED as to Requests for Admission No. 18 –26, DENIED a s to Requests for Admission No. 27–29, and GRANTED as to Form Interrogatory No. 17.1. Sanctions are awarded against Palmdale and its counsel in the amount of $2,300. Plaintiffs to provide notice. I. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the ...
2024.03.13 Motions to Compel Further Responses, for Sanctions 314
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.13
Excerpt: ...ce. I. MOTIONS TO COMPEL FURTHER “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific H...
2024.03.12 Motion to Vacate Order Granting Summary Judgment 453
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.12
Excerpt: ... cation 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 judgm ent, dismissal, order, or proceeding was taken . . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six mont...
2024.03.12 Motion for Summary Judgment, Adjudication 484
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.12
Excerpt: ...fendant instructed Plaintiff after receiving her work status report, particularly when in her de position she denied speaking to Plaintiff after receiving the report. (Opposition Exh. 3 at pp. 57–58.) Plaintiff's remaining objections are OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, sub...
2024.03.12 Demurrer, Motion to Strike 483
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.12
Excerpt: ...ED and DENIED. Plaintiff to give notice. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Ki...
2024.03.08 Motion to Quash Service of Summons, for Sanctions, Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.08
Excerpt: ...in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his tru e name is discovered, the pleading or proceeding must be amended accordingly.” (Code Civ. Proc. § 474.) The criteria for a motion to quash under Code of Civil Procedure § 474 was discussed in A.N. v. County of Los Angeles : First, section 474 includes an implicit requireme...
2024.03.06 Motion for Sanctions 076
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.06
Excerpt: ...on 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).” (Code Civ. Proc. § 2030.300, subd. (e).) Plaintiffs Sina and Azadeh Mardani (Plaintiffs) move for issue and monetary sanctions against Defendant County of Los Angeles (Defendant) based on Defendant's failure to comply with this court's order of September 12, 2023, directing Defendant to provi...
2024.03.06 Demurrer, Motion to Strike 362
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.06
Excerpt: ...ion to strike is GRANTED with leave t o amend as to the prayer for attorney fees. Defendants to give notice. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See ...
2024.03.06 Demurrer to FAC 465
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.06
Excerpt: ...icient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007...
2024.03.01 Motion for Summary Judgment, Adjudication 194
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.03.01
Excerpt: ...ion or proceeding.” (Code Civ. Proc. § 437c, subd. (a).) “[I]f all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 11...
2024.02.29 Motion for Summary Judgment, Adjudication 271
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.29
Excerpt: ...'s testimony as to the time in which she verbally complained to Hinkley does not contradict her deposition testimony. At her deposition, she stated that she could not recall the year of her complaint; her declaration offers a deduction of a range of years based on the timing of the complaint in relation to the pandemic. The court likewise construes Plaintiff's statement that a written complaint was m ade in January 2021 as a typo, as the complain...
2024.02.28 Motion to Quash Service of Summons 238
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.28
Excerpt: ...ICE Code of Civil Procedure section 418.10, subd. (a)(1) states: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of th e following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Mere notice of litigation does not confer personal jurisd...
2024.02.27 Motion to Compel Arbitration, to Stay Proceedings 678
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.27
Excerpt: ...ved its right t o arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration be...
2024.02.26 Demurrer, Motion to Strike 483
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.26
Excerpt: ...ot allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its part s in their context.” ( Id . at p. ...
2024.02.22 Motion to Compel Arbitration 824
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.22
Excerpt: ...vocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a prepond...
2024.02.22 Demurrer to FAC 706
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.22
Excerpt: ...the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduct...
2024.02.13 Demurrer 285
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.13
Excerpt: ...he pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions o...
2024.02.13 Motion for Attorney Fees 791
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.13
Excerpt: ...are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not,...
2024.02.13 Motion to Compel Deposition 075
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.13
Excerpt: ...(Defendant) moves to compel the deposition of Plaintiff Sohel Sedghat (Plaintiff). Defendant sought dates of availability from Plaintiff prior to serving the deposition notice on November 7, 2023, but Plaintiff did not respond to Defendant's offer of dates. (Estrada Decl. ¶¶ 2–3, Exhs. A, B.) Plaintiff only responded with an untimely objection on November 20, 2023, the day before the deposition was to take place. (Estrada Decl. ¶ 4, Exh. C.)...
2024.02.08 Motion to Tax Costs 161
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.08
Excerpt: ...n 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a m...
2024.02.02 Motion to Compel Further Responses, Deposition of PMQ 161
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.02.02
Excerpt: ...re in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding ...
2024.01.31 Motion to Conduct Mental Exam 444
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.31
Excerpt: ...re awarded. Defendants to give notice. I. MOTION TO CONDUCT MENTAL EXAMINATION “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc., § 2032.310, subd. (a).) “A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, an...
2024.01.31 Motion to Compel Further Responses 705
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.31
Excerpt: ...the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Cod...
2024.01.31 Motion for Judgment on the Pleadings 971
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.31
Excerpt: ...on is denied, the present motion shall be GRANTED, without leave to amend. If the petition is granted, this motion shall be DENIED. I. MOTION FOR JUDGMENT ON THE PLEADINGS A party may move for a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint does not state facts suffi...
2024.01.30 Motion to Tax Costs 058
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.30
Excerpt: ...ved electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any...
2024.01.30 Motion for Summary Judgment, Adjudication 076
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.30
Excerpt: ...rdani's subjective reliance on any given fact, for which she lacks basis in personal knowledge. Objections No. 11–24 are SUSTAINED in part, specifically as to the truth of the matters asserted, not as to Azadeh's lack of knowledge of them at the time of executing the settlement agreement. The remaining objections to Azadeh Mardani Declaration are OVERRULED. Plaintiff's objections to the Cook declaration, based largely on relevance, are OVERRULE...
2024.01.29 Motion to Quash Service of Summons, Demurrer, Motion to Strike FAC 238
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.29
Excerpt: ...e present motion to quash. Objections to 1–18, and 23 are SUSTAINED, for lack of foundation and authentication. The remaining objections are OVERRULED. II. MOTION TO QUASH SERVICE a. Mode of Service Code of Civil Procedure section 418.10, subd. (a)(1) states: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or m...
2024.01.25 Motion to Compel Further Responses 691
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.25
Excerpt: ... is DENIED as to Interrogatory No. 82. No sanctions are awarded. I. MOTIONS TO COMPEL FURTHER “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., ...
2024.01.25 Motion for Judgment on the Pleadings 075
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.25
Excerpt: ...nstitute a cause of action against that defendant, then the court should grant a defendant's motion only if the court finds as a matter of law that the complaint fails to alleges facts sufficient to constitute the cause of action. (See id., § 438 subd. (c)(1)(B)(ii); see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) “The standard for granting a motion for judgment on the pleadings is essentially t...
2024.01.25 Demurrer, Motions to Strike 798
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.25
Excerpt: ...D. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat t...
2024.01.24 Motion for Spoliation Sanctions 361
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.24
Excerpt: ...or of the aggrieved party. Misuse of the discovery process includes failing to respond or submit to authorized discovery, providing evasive discovery responses, disobeying a court order to provide discovery, unsuccessfully making or opposing discovery motions without substantial justification, and failing to meet and confer in good faith to resolve a discovery dispute when required by statute to do so. The court may impose sanctions to the extent...
2024.01.24 Demurrer, Motion to Strike 931
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.24
Excerpt: ...Tsuyoshi Todo, M.D. and Mohammad Alzhari, M.D., and GRANTED with leave to amend as to the prayer for attorney fees and prejudgment interest. The demurrer and motion are otherwise OVERRULED and DENIED. Defendant to provide notice. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should su...
2024.01.19 Motion to Strike CV1
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.19
Excerpt: ...is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any pleading not ...
2024.01.19 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 782
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.19
Excerpt: ...propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or ...
2024.01.17 Motion to Vacate Judgment 640
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.17
Excerpt: ...the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict. (Code Civ. Proc. § 663.) “[S]ection 663 is a remedy to be used when a trial court draws incorrect conclusions of ...
2024.01.17 Motion for Relief from Default 457
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.17
Excerpt: ...nadvertence, 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 . . . . Notwithstanding any other requirements of this section, the court shall, whenever an appl...
2024.01.17 Motion for Protective Order 678
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.17
Excerpt: ... counsel in the amount of $2,325. Defendants to provide notice. I. MOTION FOR PROTECTIVE ORDER A party served with a deposition notice “may . . . move for an order staying the taking of the deposition and quashing the deposition notice.” (Code Civ. Proc. § 2025.410, subd. (c).) The court may also, for good cause shown, “make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarra...
2024.01.10 Motion for Attorney Fees After Trial 978
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.10
Excerpt: ...� (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in add...
2024.01.09 Motion to Compel Further Responses, for Sanctions 707
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.09
Excerpt: ...Civ. Proc. § 2030.010, subd. (a).) A propounding party may move for an order compelling further responses if the party believes the answers are incomplete, evasive, or the objections are without merit. (See Cal. Code Civ. Proc. § 2030.300, subd. (d).) Defendant Jenny Greenwood (Defendant) seeks further responses to Special Interrogatories from the two Plaintiffs called British American Household Staffing, Inc., one based in New York (BAHS NY) a...
2024.01.09 Motion to Bifurcate 012
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.09
Excerpt: ...[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . 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 . . . .” (Code Civ. Proc., § 598.) “It is within the discretion of the court to bifurcate issues ...
2024.01.05 Motion to Intervene and Expunge Lis Pendens 054
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.05
Excerpt: ...may be filed by any party in an action who asserts a ‘real property claim.' [Citation.] Section 405.4 defines a ‘“Real property claim”' as ‘the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . . .' ‘If the pleading filed by the claimant does not properly plead a real property claim, the lis pendens must be expunged upon motion under CCP ...
2024.01.04 Motion for Sanctions 561
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.04
Excerpt: ...e court not in keeping with the following guarantees: (b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is no...
2024.01.04 Motion to Quash Writ of Execution 998
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.04
Excerpt: ...execution is issued to enforce a void judgment, obviously it has been improvidently issued. It is a fundamental rule that a writ of execution must be founded upon a Valid and subsisting judgment which has not been satisfied.” (Jones v. World Life Research Institute (1976) 60 Cal.App.3d 836, 840, internal quotation marks and citations omitted.) Defendants Golden West Donuts and Sophon Koeuth (Defendants) move to quash a writ of execution issued ...
2024.01.04 Motion for Summary Judgment 876
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.04
Excerpt: ...r evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judg...
2024.01.02 Motion for Summary Adjudication 040
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.02
Excerpt: ...dence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment....
2024.01.02 Motion for Sanctions 262
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2024.01.02
Excerpt: ...formation, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversa...
2023.12.14 Motion for Attorney Fees 826
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.14
Excerpt: ...ess or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the cont...
2023.12.14 Demurrer, Motion to Strike 201
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.14
Excerpt: ...f Jill Greenberg 2019 Trust's Demurrer to David Bogner's Cross-Complaint and Motion for Judgment on the Pleadings are SUSTAINED as to the fifth cause of action for intentional infliction of emotional distress, with leave to amend, and otherwise OVERRULED and DENIED. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should s...
2023.12.13 Motions to Compel Further Responses 102
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.13
Excerpt: ....” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the resp...
2023.12.13 Motion to Vacate Renewal of Judgment 112
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.13
Excerpt: ...ive years from the time the judgment was previously renewed under this article.” (Code Civ. Proc. 683.170, subd. (a).) Defendant Gregory Walker (Defendant) moves to vacate the renewal of judgment filed by Plaintiff Reymond K. Ohanian (Plaintiff) on August 10, 2023, which sought $31,818.45 in prejudgment interest in addition to the $109,583.52 judgment amount, in the aftermath of the rejection of Plaintiff's appeal. This court on November 1, 202...
2023.12.07 Motion for Protective Order 444
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.07
Excerpt: ...d confer with Defendants to select an alternative date of deposition that works for Plaintiff, Mmeje, and his counsel. Defendants to give notice. I. MOTION FOR PROTECTIVE ORDER “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by ...
2023.12.07 Demurrer to FAC 561
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.07
Excerpt: ... does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p...
2023.12.06 Motion to Compel Further Responses, for Sanctions 185
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.06
Excerpt: ... stored information in the possession, custody, or control of any other party to the action.” (Code Civ. Proc. § 2031.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The demanding party may move for an order compelling further response to the demand if the demanding party de...
2023.12.05 Motion to Quash Deposition Subpoena 054
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.05
Excerpt: ... or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be...
2023.12.05 Motion for Summary Adjudication 076
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.12.05
Excerpt: ...dence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all pr...
2023.11.30 Motion for Summary Judgment, to Seal 817
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.30
Excerpt: ..., 45, 46–57, 61, 64, 82, 84, 89, 92, 98, 117, are SUSTAINED, as Plaintiff purports to offer expert testimony on matters for which has shown no qualification to opine. (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. Against the objection of a party, such special knowledge, skill, experienc...
2023.11.30 Motion to Compel Further Responses 308
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.30
Excerpt: ....010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific facts showing good cause justifying...
2023.11.30 Motion to Expunge Lis Pendens 177
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.30
Excerpt: ...ndens may be filed by any party in an action who asserts a ‘real property claim.' [Citation.] Section 405.4 defines a ‘“Real property claim”' as ‘the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . . .' ‘If the pleading filed by the claimant does not properly plead a real property claim, the lis pendens must be expunged upon motion unde...
2023.11.28 Motion to Waive Bond Requirement 518
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.28
Excerpt: ...rd,” in order to secure the award to the employee in the event the employer's appeal is lost. (Lab. Code § 98.2, subd. (b).) Code of Civil Procedure § 995.240 states: The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable t...
2023.11.28 Motion to Compel Further Responses 259
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.28
Excerpt: ...se served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the responding party asserted objections that are either without merit or too general. (Code Civ. Proc....
2023.11.28 Motion for Leave to File Amended Complaint 346
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.28
Excerpt: ...iv. Proc. section 473 subd. (a)(1) states that: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse pa...
2023.11.17 Motion to Compel Arbitration 676
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.17
Excerpt: ... its right to arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears ...
2023.11.16 Motion to Quash Subpoena 594
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.16
Excerpt: ...tifying what has been removed or redacted. Relevant documents are those that refer to Plaintiff's obesity, diabetes, hypertension, neuropathy, psychological and emotional distress, humiliation, pain and anguish, headaches, back pain, stomachaches, neck pain, shoulder pain, restless sleep, bowel irregularity, significant weight gain, increase in appetite, fatigue, loss of energy, high blood pressure, diminished interest or pleasure in everyday act...
2023.11.16 Motion to Continue Trial 756
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.16
Excerpt: ... parties which would result from granting or denying the motion, and determine whether there is good cause therefor.” (Schwartz v. Magyar House, Inc. (1959) 168 Cal.App.2d 182, 188–89.) In evaluating a request for continuance, the court should consider: (1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; (3) The length of the continuance requested; (4) The...
2023.11.15 Demurrer 718
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.15
Excerpt: ...ts appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusi...
2023.11.13 Motion to Compel Further Responses 678
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.13
Excerpt: ...urther response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand,” and “[t]he motion shal...
2023.11.13 Motion for Leave to File Amended Complaint 585
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.13
Excerpt: ...arty, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the ...
2023.11.07 Demurrer, Motion to Strike 540
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.07
Excerpt: ...onstitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4t...
2023.11.07 Motions to Compel Further Responses 707
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.07
Excerpt: ...od's Motion to Compel Further Responses to Requests for Admission from Plaintiffs and Cross-Defendants British American Household Staffing Inc. and British American Household Staffing CA, Inc . is GRANTED. Sanctions are aalso denied against Plaintiffs B British American Household Staffing, Inc. and British American Household Staffing CA, Inc. I. MOTIONS TO COMPEL FURTHER “A party may demand that any other party produce . . . a document that is ...
2023.11.07 Motion for Judgment on the Pleadings 054
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.07
Excerpt: ...s Motion for Summary Judgment is GRANTED as to the first cause of action for breach of fiduciary duty, and DENIED as to the second cause of action for fraud. I. MOTION FOR JUDGMENT ON THE PLEADINGS A party may move for a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint ...
2023.11.07 Motion for Prejudgment Interest 058
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.07
Excerpt: ...lar day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt.” (Civ. Code § 3287, subd. (a).) The test for recovery of prejudgment interest under [Civil Code] section 3287, subdivision (a) is whether defendant actually know[s] the amount owed or from reasonably available information could the defendant have computed that amount. The statute [...
2023.11.02 Motion for Summary Judgment 154
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.02
Excerpt: ...y other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a mot...
2023.11.02 Demurrer, Motion to Strike FAC 238
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.02
Excerpt: ...appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not...
2023.11.02 Demurrer 204
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.02
Excerpt: ...t are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v...
2023.11.01 Motion to Tax Costs 815
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.01
Excerpt: ...d in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley ...
2023.11.01 Motion to Tax Costs 112
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.01
Excerpt: ...ns are OVERRULED. Defendant's objection to the Ohanian declaration concerning the Fedex tracking number is likewise SUSTAINED for the same reason. II. MOTION TO TAX COSTS The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judg...
2023.11.01 Demurrer, Motion to Strike 802
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.11.01
Excerpt: ...vant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, read...
2023.10.31 Motion to Reopen Discovery 516
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.31
Excerpt: ... Code Civ. Proc., § 2024.020, subd. (a).) “Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.” (Code Civ. Proc., § 2024.020, subd. (b).) A party may move to take discovery or have a discovery motion heard after the cut-off date, as follows: (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concern...
2023.10.30 Motion to Compel Further Responses 075
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.30
Excerpt: ...be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or eva...
2023.10.26 Motion for Attorney Fees 745
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.26
Excerpt: ...ilm Company, LLC, Bob Yari Music, LLC, Schizophrenic Productions, LLC, BY Equities LLC, and Davand Holdings, LLC (Defendants) seek attorney fees in the amount of $49,601.55, for work performed since the judgment of dismissal entered on June 28, 2022, including the work defending the judgment on appeal. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...
2023.10.26 Motion for Summary Adjudication 618
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.26
Excerpt: ...bd. (q).) The objections to the Beehler declaration are OVERRULED. Plaintiff's objections to the declaration of John L. Pagliasotti as a whole are OVERRULED, as Pagliasotti may testify as to industry custom in relation to commercial lease options. “Evidence of custom or standard practice is admissible to interpret the terms of a contract and to imply terms when no contrary intent is apparent from the other terms of the contract.” (Midwest Tel...
2023.10.26 Motion to Tax Costs 935
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.26
Excerpt: ... against Defendants Skanska Traylor Shea and the City of Beverly Hills, and is GRANTED as to LACMTA in the amount of $10,349.00, leaving a costs award of $17,574.68. I. MOTION TO TAX COSTS “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandu...
2023.10.25 Demurrer, Motion to Strike 395
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.25
Excerpt: ...e valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (Code Civ. Proc., §425.16, subd. (a); Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 817.) The lawsuits are commonly referred to as “SLAPP” lawsuits, an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn. 1.) A defendant opposing a ...
2023.10.24 Motion for Summary Judgment, Adjudication 823
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.24
Excerpt: ..., M.D., submitted in opposition to Defendants' motion for summary judgment. Objection No. 10 to the Hung declaration is SUSTAINED, as to Plaintiff's testimony concerning the cause of her blood loss and fainting after the endoscopic procedure, which is made without foundation. The other objections to her declaration are OVERRULED. Defendants' objections to the Kogan declaration are OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgm...
2023.10.24 Motion for Leave to Intervene 054
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.24
Excerpt: ...nd that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (Code Civ. Proc. § 387, subd. (d)(1).) The above provisions describe the circumstances where leave to intervene is mandatory. Discretionary intervention, however, is appropriate “(1) where the proposed intervenor has ...
2023.10.23 Demurrer, Motion to Strike 328
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.23
Excerpt: ...pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions o...
2023.10.19 Motion to Confirm Arbitration Award 282
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.19
Excerpt: ...ETITION The award is one for attorney fee arbitration under Business & Professions Code § 6200. If no action has been filed in court on such an award, “the award may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the arbitration award, but otherwise in the same manner as provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure.” (Bus. & Prof....
2023.10.19 Demurrer to FAC 041
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.19
Excerpt: ...iced. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. ...
2023.10.17 Motion to Approve Settlement 512
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.17
Excerpt: ...] trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often al...
2023.10.17 Motion for Summary Adjudication 833
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.17
Excerpt: ...motion for summary adjudication. The objections to the declaration of Erik Landesfeind and James Anguiano are OVERRULED, as Landesfeind supports his testimony with personal knowledge as to his own and Plaintiff's job duties, while Anguiano provides sufficient basis for the applicability of the business records exception to the records which he authenticates. (Evid. Code § 1271.) Objection No. 13 to the declaration of Jennifer Quinones is SUSTAIN...
2023.10.17 Demurrer, Motion to Strike 613
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2023.10.17
Excerpt: ...Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we...

1223 Results

Per page

Pages