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Judge: Kleifield, Steven J x
2023.07.19 Motion to Compel Further Responses, for Sanctions 544
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.07.19
Excerpt: ...Sanctions of $1,810 (“the Motion”). The Motion is granted in part -- specifically, as to the part bearing on Shirazi's objections to interrogatory numbers 2-5. The amount of sanctions the Court is awarding is less than the amount CAIC requested in the Motion. Governing Law Under Code of Civil Procedure Section 2030.300(a), a party may move for an order compelling a further response to interrogatories the party propounded if the party “deems...
2023.07.12 Motion for Reconsideration 098
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.07.12
Excerpt: ...eration was filed long after the expiration of the 10-day period. Plaintiff contends that it is seeking reconsideration under Section 1008(c), which does not contain a time period for reconsideration. The problem is that subsection (c) speaks to reconsideration by the trial court itself on its own motion, not a party's motion. This begs the question whether this Court can, and should, on its own motion reconsider the August 23, 2022 order compell...
2023.07.07 Motion to Compel Arbitration 023
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.07.07
Excerpt: ...t repair of the Subject Vehicle. NNA has moved to compel arbitration of Salazar's claims against NNA. NNA's motion is based on an arbitration clause in the Retail Installment Sales Contract (“RISC”) that Salazar entered into with the Dealer at the time of the purchase of the Subject Vehicle. (Downtown Nissan is not seeking to compel arbitration of Salazar's claim against it.) Salazar opposes the motion to compel arbitration. NNA is not a part...
2023.06.28 Motion to Recover Costs 943
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.06.28
Excerpt: ...who prevailed on an anti-SLAPP motion, Gishi is entitled to reasonable attorney's fees incurred in connection with the motion. (Section 425.16(c).) Pending before the Court is Gishi's motion to recover those fees and costs. Having considered the parties' submissions, the Court is awarding Gishi attorney's fees of $60,558 and costs of $2,270.23. The Court declines Gishi's request to apply a multiplier of .2 to double the fees. The Court also is aw...
2023.06.28 Motion for Leave to File SAC 456
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.06.28
Excerpt: ...ctively, “Sub and Mendez”), oppose the Motion. The Court is granting the Motion. Plaintiffs shall have 14 days from the date of the hearing on their Motion to file and serve their SAC, which they submitted in its proposed form as part of their moving papers. Although not cited by the Plaintiffs, Code of Civil Procedure Sections 473(a) and 576 provide the foundation for the Motion. In pertinent part, Section 473(a) states that trial courts “...
2023.06.27 Motion for Summary Adjudication 544
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.06.27
Excerpt: ...enant of good faith and fair dealing and request for an award of punitive damages in connection with that claim. The Motion is denied. There are disputed issues of material fact that preclude entry of the relief that the Motion seeks. To be sure, as CAIC observes, Shirazi does not dispute the bulk of the evidence set forth in CAIC's separate statement of material facts. Shirazi does, however, dispute CAIC's factual assertions that (a) Shirazi's c...
2023.06.22 Motion to Compel Further Responses, for Sanctions 657
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.06.22
Excerpt: ...fendants' unit at the condominium is not germane to the Motions pending before the Court. In those Motions, Plaintiff seeks orders pursuant to Code of Civil Procedure Sections 2023.010 and 2033.280 (1) establishing the truth of each matter specified in Plaintiff's Requests for Admission, Set Two (“RFAs”) served on the Defendants and to which Defendants failed to provide timely responses; and (2) imposing monetary sanctions of $1,247.50 agains...
2023.05.19 Motion to Compel Arbitration 655
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.19
Excerpt: ...s. Mossy did not. For the reasons set forth below, the Court is denying Nissan's motion. The arbitration clause on which Nissan relies in seeking to compel arbitration is in the sales contract between Paz and Mossy. Nissan itself is not a party to that contract. Nevertheless, Nissan contends that it is able under California law to invoke the arbitration clause in the sales contract on two distinct grounds. First, Nissan contends that it is a thir...
2023.05.19 Motion for Summary Judgment, Adjudication 934
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.19
Excerpt: ...store where she worked; (2) claims that Ritmo wage and hour laws in the Califomia Labor Code; and (3) claims for declaratory relief and violations of Califomia's unfair competition law that are predicated on the disability and wage and hour claims. Pending before the Court is Ritmo's motion for summary judgment, or, in the altemative, summary adjudication. The Court has reviewed the separate statements of facts and corresponding exhibits submitte...
2023.05.18 Motion for Leave to File SAC 102
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.18
Excerpt: ...the Court notes that Plaintiff cited Code of Civil Procedure Section 464(a) in his Notice of Motion. Section 464(a) governs "supplemental pleadings." Plaintiff does not, however, propose to file a supplemental pleading within the meaning of Section 464(a). Plaintiff seeks to file an amended pleading, which is different. Motions for leave to file an amended pleading are governed by Sections 473(a)(1) and 576. In the Memorandum in support of his mo...
2023.05.16 Motion for Summary Judgment 709
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.16
Excerpt: ...IML- 0417NO-190040 ("Lloyds"), which had issued a Lawyers Professional Liability Insurance Policy ("the Policy") to D & C. Lloyd's defended D &C in the OLE action, subject to a reservation of its rights to rescind the Policy. In 2020, Lloyds sued D&C seeking to rescind the Policy. Lloyds' claim for rescission is based on allegations that, in its application to Lloyd to obtain the Policy ("the Application"), D&C mispresented and concealed material...
2023.05.11 Motion to Set Aside and Vacate Judgment 425
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.11
Excerpt: ...ed in their First Amended Complaint ("FAC"), which was filed on February 19, 2020, predicate violations of the Califomia Insurance Code arising from the Defendants' sale of a certain type of insurance as part of Defendants' sale of merchandise at their retail stores. Following a bench trial, the Court on April 7, 2023 (per Judge Steven Kleifield) issued a Final Judgment and Permanent Injunction ("the Judgment"). In Paragraph 4 of the Final Judgme...
2023.05.09 Demurrer, Motion to Strike 904
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.09
Excerpt: ...re uncertain insofar as the FAC fails to plead the amount of damages that Clean Initiative is seeking. Additionally, Cal. Auto's demurrer argues that the FAC fails to state a claim for bad faith because Clean Initiative, which is an assignee of the policyholder through an Assignment of Insurance Benefits ("AOB"), lacks standing under the AOB to assert a bad faith claim. Cal. Auto also has filed a motion to strike the prayer for relief in the FAC,...
2023.05.02 Demurrer 521
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.05.02
Excerpt: ...at property. Kathleen is Beverly's mother. Plaintiffs' Second Amended Complaint asserts a cause of action agains Kathleen and Beverly together for negligence, and causes of action against Beverly alone for intentional infliction of emotional distress and violations of the Drug Dealer Liability Act ("DDLA"), Health and Safety Code Section 1 1700 et seq. Kathleen and Beverly have demurred to those causes of action. The Court's tentative decision is...
2023.04.11 Motion for Attorney Fees 873
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.04.11
Excerpt: ...nt (“the Agreement”). The Agreement defines Solo as the "Licensee" and Cubework as the "Licensor." Section 12 of the Agreement is captioned “Indemnification.” Solo basis its request for attorney's fees on Section 12(b), which provides as follows: Licensor hereby agrees that Licensor shall indemnify, defend and hold Licensee harmless from and against any and all costs, expenses and liabilities, including reasonable attorney's fees, incurre...
2023.04.06 Motion to Compel Arbitration 596
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.04.06
Excerpt: ...ent that the plaintiffs signed with the dealer from which they purchased the vehicles that are the subject of the claims. In making that argument, Nissan's motion relies on the decision of the Third District of the Court of Appeal in Feltsilda v. FCA US LLC (2020) 53 Cal.App.5th 486. In Felisilda„ the Court held that under the doctrine of equitable estoppel, the plaintiffs were bound to arbitrate their claims against an automobile manufacturer ...
2023.03.27 Motion to Quash Service of Doe Amendment 194
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.03.27
Excerpt: ... in the Watts section of Los Angeles. In the Court's view, the motion can be granted on the following two alternative grounds. First, Code of Civil Procedure Section 583.210 provides that "[t]he summons and complaint shall be sewed upon a defendant within three years after the action is commenced against the defendant. Jordan Downs filed its complaint on July 26, 2019. In addition to naming SVA Architects as a Defendant, the complaint named 50 "D...
2023.03.14 Motion for Summary Judgment 931
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.03.14
Excerpt: ...ed a declaration of an expert in the relevant medical field, Dr. Daniel Laster. Dr. Laster' declaration states that he reviewed Plaintiff's medical records, which, in this Court's view, are admissible under Evidence Code Section 1270's business records exception to the hearsay rule, and the transcript of Plaintiff's deposition in this case. Based on his review of that material and in light of his training and experience, Dr. Laster opined that (1...
2023.03.14 Demurrer, Motion to Strike 807
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.03.14
Excerpt: ...ntiff, who informed counsel for Defendant that he was ill and could not attend the hearing. The hearing thus was continued to March 14, 2023. In advance of the March 14, 2023 hearing, the Court is reissuing the tentative ruling, and addressing a document Plaintiff filed and the Court received after the March 2, 2023 hearing. Plaintiff's amended complaint for breach of contract suffers from the same defects as the initial complaint, which was the ...
2023.03.10 Motion for Leave to File Complaint 985
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.03.10
Excerpt: ... for the defendants. Friedland, Anderson, and their co-defendants have answered Hill's complaint. The proposed cross-complaint, which is attached to Friedland and Anderson's motion, asserts claims based on alleged threats Hill has made to the lives of Friedland and Anderson. Hill opposes the motion. The Court's tentative ruling is to grant the motion. Friedland and Anderson filed their motion under Code of Civil Procedure Section 428.50(c), which...
2023.03.02 Motions to Compel Production of Docs 536
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.03.02
Excerpt: ...mployed by Seek Capital, Omayan misappropriated Seek Capital's trade secrets and provided that information to Lendzi, which is a competitor of Seek Capital and was formed by Halverson and Kelly. Seek Capital issued the subpoenas at issue here on July 7, 2022, after being told by Omayan that relevant communications he had with Lendzi, Halverson, and Kelly using a Lendzi email address would be in the control of the Subpoenaed Parties. Seek Capital ...
2023.02.28 Motion for Reconsideration 823
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.02.28
Excerpt: ...n application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or rev...
2023.02.23 Discovery Motions 367
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2023.02.23
Excerpt: ...garding the number of payroll cards known as “Wisely Cards” that ADP sold to one of its payroll card clients, Red Lobster, from 2019-2021. Erickson seeks this information in connection with her contention that she is entitled to commissions for ADP's sales of Wisely Cards to Red Lobster and to calculate damages arising from allegedly unpaid commissions related to those sales. Rather than responding to the interrogatories and requests for prod...
2018.5.3 Demurrer 885
Location: Los Angeles
Judge: Kleifield, Steven J
Hearing Date: 2018.5.3
Excerpt: ...��Full Star”); ZL Properties, LLC (hereinafter “ZL”); Lendlease (US) Construction, Inc. (hereinafter “Lendlease”) Maxim Crane Works, Inc. (hereinafter “Maxim”); J.T. Wimsatt Contracting Co., Inc. (hereinafter “Wimsatt”); and DOES 1-100. The 2 nd<0036005700440055000f00 03[ ZL, and Lendlease only. P owns and operates two properties at issue in this case. The PSP Hope St. property is improved with a six floor parking structure, nin...

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