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2024.01.29 Application for Determination of Good Faith Settlement 285
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.29
Excerpt: ... ADH Swall Limited filed its Complaint against Defendant Swall Heights, LLC on a cause of action for violation of Civil Code section 895, et seq. On June 17, 2021, Plaintiff filed its First Amended Complaint, which added additional causes of action. On May 23, 2022, Plaintiff amended its pleading by substituting Doe 1 with Sam Ghanouni, Doe 2 with Avi Galili, Doe 3 with Jeremias Luza, and Doe 4 with Charles Hefner. On June 27, 2022, by request of...
2024.01.29 Demurrer, Motion to Strike 472
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.29
Excerpt: ...swer is OVERRULED. The Motion to Strike Amended Answer is DENIED. BACKGROUND: On May 3, 2023, Plaintiff Jila Babazadeh-Shraga filed her Complaint against Defendants Gohar Babazadeh; Elizabeth Babazadeh; Shalom Brothers Enterprises, LP; Hayem's Daughters, Inc.; and All Persons Unknown Claiming any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, or Any Cloud on Plain...
2024.01.26 Motion to Stay Case 142
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.26
Excerpt: ...Stay for November 25, 2024. The parties are to file a Joint Status Conference Report 5 court days prior to the status conference hearing. BACKGROUND: On January 18, 2023, Plaintiffs James A. Kay, Jr. and Lucky's Two-Way Radios, Inc. filed their Complaint against Defendants Levi Lesches, Lesches Law, Harold Pick, Jay Francis, and Wireless US LC on a cause of action for malicious prosecution. On April 12, 2023, Levi Lesches (d.b.a. Lesches Law) fil...
2024.01.26 Motion for Summary Adjudication 058
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.26
Excerpt: ...cs filed its Answer to the Complaint. On November 17, 2022, Defendant Steve Chang filed his Answer to the Complaint. On November 9, 2023, Plaintiff filed its Motion for Summary Adjudication. In support of its Motion, Plaintiff concurrently filed: (1) Evidence; (2) Separate Statement; (3) Request for Judicial Notice; (4) Proposed Order; and (5) Proof of Service. On January 12, 2024, Defendant KLF Logistics, Inc. (“Defendant”) filed its Opposit...
2024.01.26 Motion for Leave to File FAC 597
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.26
Excerpt: ... Patrick Michael, Lia Vasdekis, LA Estate Rentals LLC, and Solimar Management LLC. The causes of action arise from damage that allegedly occurred after these individuals and corporate entities rented George Santopietro's real property. On February 20, 2020, Jeff Wiseman and Solimar Management LLC filed: (1) Answer to the Complaint; and (2) Cross-Complaint against George Santopietro. On February 25, 2020, Jeff Wiseman and Solimar Management LLC fi...
2024.01.25 Motion to File Settlement Agreement Under Seal 323
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.25
Excerpt: ...ty LLC; E7 Lompoc LLC; Element 7 Chula Vista One LLC; Element 7 SF2 LLC; E7 Salinas LLC; Element 7 San Luis Obispo LLC; and Element 7 Hesperia LLC Resp. Party: None The Motion to File Documents under Seal is GRANTED. BACKGROUND: On March 16, 2022, Plaintiffs American Patriot Brands, Inc. and GH Group, Inc. (“Plaintiffs”) filed their Complaint against Defendants Element 7, Inc.; Robert Divito; Josh Black; Element 7, LLC; Element 7 CA, LLC; Sig...
2024.01.23 Motion to Quash Service 414
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.23
Excerpt: ...laintiff's employment by Defendants. On July 18, 2023, by request of Plaintiff, the Clerk's Office entered default on Defendants Smith Dok and Jason Oh. On October 17, 2023, by request of Plaintiff, the Clerk's Office entered default on Camino Industries LLC and Philip Camino. On December 12, 2023, the Court set aside the default on Specially-Appearing Defendant Jason Oh and allowed him to file his proposed motion to quash service of summons. On ...
2024.01.19 Motion for Summary Judgment 439
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.19
Excerpt: .... Although originally represented by counsel, the Court granted then- counsel's unopposed motion to be relieved on August 4, 2023. Plaintiff did not oppose Defendant's two discovery motions that were granted on September 11, 2023. She also failed to appear at the hearing on these motions. Plaintiff did not oppose Defendant's motion to compel discovery that was granted on September 12, 2023, nor did she appear at the hearing on the motion. Plainti...
2024.01.18 Motion for Summary Adjudication 054
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.18
Excerpt: ...court, Jose Norberto Molina, and Francisco Javier Trujillo (“Plaintiffs”) filed their Complaint against Arturo Landeros and Javid Somekh on causes of action of negligence and constructive eviction. On November 14, 2022, Arturo Landeros, in propria persona, filed an Answer to the Complaint. On November 28, 2022, by request of Plaintiffs, the Clerk's Office dismissed without prejudice Javid Somekh from the Complaint. On November 30, 2022, Plain...
2024.01.18 Motion for Entry of Judgment 089
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.18
Excerpt: ... of $1,361.65. Moving party is to prepare judgment. BACKGROUND: On April 21, 2004, Plaintiffs Evelyn Horton and Horton Management, Co., Inc. filed their Complaint against Defendants Hooper Lundy & Bookman, Inc.; Hope R. Levy-Biehl; John K. Jones; and John K. Jones, M.D., Inc. The Complaint included causes of action for legal malpractice, breach of contract, slander, conversion, and fraud. On August 3, 2005, Defendants/Cross-Complainants John K. J...
2024.01.17 Motion to Compel Responses 996
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.17
Excerpt: ...0) days of the issuance of this Order. BACKGROUND: On April 11, 2023, LAX Shopping, LLC filed its Complaint against Damato Associates, Inc.; James Goodman Architecture, Architectural Corporation; and Larsen Zienkiewicz, Inc. The causes of action arise from the Parties business dealings related to the construction of real property. On June 21, 2023, LAX Shopping, LLC filed its First Amended Complaint (FAC). On July 12, 2023, Damato Associates, Inc...
2024.01.17 Demurrer 399
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.17
Excerpt: ...Complaint. On December 1, 2023, Defendants Band of Outlaws and Renee Mytar (“Defendants”) filed their Demurrer to the Complaint. On December 13, 2023, Plaintiff filed its Opposition to the Demurrer. On December 19, 2023, Defendants filed their Reply to the Demurrer. ANALYSIS: I. Legal Standard “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleadin...
2024.01.12 Demurrer to FAC 217
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.12
Excerpt: ...Plaintiffs Andrea Faye Washington and Ezekiel Oliver Taylor filed their Complaint against Defendants DaVita, Inc. and P & I Transportation LLC on causes of action arising from the death of a decedent. On June 1, 2023, the Court approved Plaintiffs' amendment to correct the name of Defendant P & I Transportation, Inc. (erroneously sued as P & I Transportation LLC). On June 2, 2023, Plaintiffs amended their pleading to substitute Doe 1 with P & I T...
2024.01.12 Motion to Strike Punitive Damages 938
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.12
Excerpt: ...arising from issues Plaintiff had with her vehicle. On November 9, 2023, Defendant filed its Demurrer to Complaint and Motion to Strike Punitive Damages from Complaint. In support of these filings, Defendant concurrently filed: (1) Declaration of Ryan Kay; and (2) Proposed Order (one for the Demurrer and one for the Motion to Strike). On December 4, 2023, Plaintiff filed her Oppositions to the Demurrer and the Motion to Strike. On December 8, 202...
2024.01.12 Motion to Compel Arbitration and Stay Action 016
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.12
Excerpt: ...both of these cases involve the same parties, the Court wonders whether the attorneys have complied with the requirement of the California Rules of Court by filing a Notice of Related Case. BACKGROUND: On February 23, 2023, Plaintiff Diana Smyth filed her Complaint against Defendant Monique Lhuillier, Inc. on a sole cause of action under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). On April 21, 2023, Defendant filed its Answ...
2024.01.10 Motion to Compel Compliance with Deposition Subpoena 662
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.10
Excerpt: ...int against Defendants Walters & Sklyar, LLP and James Walters on a cause of action of accountancy malpractice. On October 17, 2022, Defendants filed their Answer to the Complaint. On December 6, 2023, Defendants filed their Motion to Compel Adam Levin, Esq. to Comply with the Deposition Subpoena by Defendants (“Motion to Compel Deposition”). In support of their Motion to Compel Deposition, Defendants concurrently filed Declaration of Hershin...
2024.01.10 Motion to Compel Binding Arbitration 371
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.10
Excerpt: ...a Complaint against Defendant Tesla, Inc. on causes of action arising from the Song-Beverly Consumer Warranty Act. On September 21, 2023, Defendant filed its Motion to Compel Binding Arbitration. In support of its Motion, Defendant concurrently filed: (1) Declaration of Raymond Kim; (2) Declaration of Ali Ameripour; (3) Request for Judicial Notice; and (4) Proposed Order. On December 28, 2023, Plaintiff filed: (1) Memorandum of Points and Authori...
2024.01.10 Motion to Amend Judgment to Add Additional Defendant, for Attorney Fees, to Tax Costs 856
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.10
Excerpt: ...f LLC, Charlie DiMaria & Son, Inc., and Manning Land Co., LLC SUBJECT: Motion to Tax Costs Moving Party: Defendants Salvatore Anthony DiMaria, ADD Enterprises, Inc., Manning's Beef LLC, Charlie DiMaria & Son, Inc., and Manning Land Co., LLC Resp. Party: Plaintiff Linkun Investment, Inc. The Motion to Amend Judgment is GRANTED. The judgment shall be amended to add RNCK, Inc. as a defendant, with joint and several liability for the judgment. The Mo...
2024.01.09 Motion for Judgment on the Pleadings 598
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.09
Excerpt: ...”) filed its Answer to the Complaint. On May 22, 2023, the Court granted Plaintiff's then-Counsel's Motion to be Relieved as Counsel. On October 30, 2023, the Court granted Defendant YMCA of Hollywood, California's motions to compel initial responses to form interrogatories, special interrogatories, and requests for production of documents. The Court also deemed admitted Defendant YMCA of Hollywood, California's requests for admission. On Novem...
2024.01.09 Motion for Change of Venue, Demurrers to FAC 282
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.09
Excerpt: ...for Change of Venue is DENIED without prejudice. If Plaintiff chooses to refile his motion, he must serve it on all defendants and file a proof of service. The Demurrers of Defendant Los Angeles County Public Defender's Office and Defendants Ana Maria Luna and Superior Court of California, County of Los Angeles are SUSTAINED. Plaintiff is GRANTED thirty (30) days leave to file his Second Amended Complaint. BACKGROUND: On October 3, 2022, Plaintif...
2024.01.09 Demurrer to FACC 488
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.09
Excerpt: ...on. The Motion to Strike is DENIED. BACKGROUND: On July 26, 2023, Plaintiff Eva Callejas filed her Complaint against Defendants Gilberto Zelaya and Julio Aguilar arising from her prior tenancy. On August 22, 2023, Defendant/Cross-Complainant Gilberto Zelaya filed: (1) Answer to the Complaint; and (2) Cross-Complaint against Cross-Defendants Eva Callejas and Julio Aguilar. On October 26, 2023, Defendant/Cross-Complainant Gilberto Zelaya filed his ...
2024.01.08 Motion for Approval of PAGA Settlement 280
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.08
Excerpt: ...Answer to the Complaint. On July 28, 2023, Plaintiff filed her Judicial Council Form CM-200, Notice of Settlement of Entire Case. On October 20, 2023, Plaintiff filed her Unopposed Motion for Approval of PAGA Settlement (“Motion”). In support of her Motion, Plaintiff concurrently filed: (1) Declaration of Lisa Mullins; (2) Declaration of Harout Messrelian; and (3) Proposed Order. On November 14, 2023, the Court denied without prejudice Plaint...
2024.01.04 Motion for Summary Judgment 752
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.04
Excerpt: ...maining defendants. The Southside Defendants are to file their proposed judgment so that it can be ruled upon by or before February 2, 2024. BACKGROUND: I. Preliminary Note on Background Issues This case arises from transactions involving a single piece of real property: a single-family residence located at 2096 Ridge Point Drive, Los Angeles, California 90049. The claims and issues underlying this case appear to have been litigated multiple time...
2024.01.04 Demurrer 206
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.04
Excerpt: ...atonians, Jason Boutros, Wellness Care Residence, LLC, and Adrineh Asatourian on causes of action of dissolution of limited liability company, violation of the federal False Claims Act, and violation of the California False Claims Act. On October 6, 2023, Plaintiff filed his First Amended Complaint (FAC), which included a third cause of action for violation of the California “unfair competition law” (UCL). On October 11, 2023, the Court found...
2024.01.03 Motion for Summary Judgment, Adjudication 478
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.03
Excerpt: ...the Unruh Civil Rights Act. On November 21, 2023, Defendants filed their Verified Answer to the Verified Complaint. On October 13, 2023, Plaintiff filed his Motion for Summary Judgment or in the Alternative for Summary Adjudication. In support of his Motion, Plaintiff concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Luis Calderon; (3) Declaration of Shiv Samtani; (4) Separate Statement; and (5) Proposed Order. On D...
2024.01.02 Motion for Mandatory Attorney Fees 583
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2024.01.02
Excerpt: ...oun Gharib, Axel Robles, and Philadelphia Indemnity Insurance Company on causes of action arising from Plaintiff's purchase of a vehicle from Defendants. On October 7, 2021, Plaintiff filed her First Amended Complaint (FAC). On December 29, 2021, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Axel Robles from the FAC. On April 20, 2022, by request of Plaintiff, the Clerk's Office dismissed with prejudice Defenda...
2023.12.22 Motion for Determination of Good Faith Settlement 546
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.22
Excerpt: ... Parties' business relationship and transactions. On November 29, 2021, Plaintiff filed its First Amended Complaint (FAC). The FAC added new allegations, parties, and causes of action. On May 27, 2022, Plaintiff filed its Second Amended Complaint (SAC). On January 13, 2023, Plaintiff filed its Third Amended Complaint (TAC). On February 15, 2023, Defendant Sound (ABC), LLC filed its Answer to the TAC. On February 15, 2023, Defendants Sound Nutriti...
2023.12.22 Motion to Compel Arbitration 105
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.22
Excerpt: ...ployment by Defendants. On October 24, 2023, Defendant Jason J. Emer, MD P.C. filed its Answer to the Complaint. On October 30, 2023, Defendant Insperity PEO Services, L.P. filed its Answer to the Complaint. On October 30, 2023, Defendant Insperity PEO Services, L.P. filed its Amended Answer to the Complaint. On November 7, 2023, Defendants filed their Motion to Compel Arbitration. In support of their Motion, Defendants concurrently filed: (1) De...
2023.12.21 Motion to Compel Responses, for Sanctions 906
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.21
Excerpt: ...b Wondries Ford and Request for Sanctions Moving Party: Plaintiff Bar V Bar, LLC Resp. Party: None SUBJECT: Motion to Compel Responses to Request for Production from Defendant Bob Wondries Ford and Request for Sanctions Moving Party: Plaintiff Bar V Bar, LLC Resp. Party: None SUBJECT: Motion to Compel Responses to Special Interrogatories from Defendant Bob Wondries Motors and Request for Sanctions Moving Party: Plaintiff Bar V Bar, LLC Resp. Part...
2023.12.21 Demurrer 113
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.21
Excerpt: ...nd related cases 22STCV33142, 23GDCV00515, and 23GDCV02113. The Court designated 22STCV33142 as the lead case. On November 27, 2023, Defendant filed his Demurrer to the Complaint. In support of his Demurrer, Defendant concurrently filed: (1) Declaration of Gregg D. Zucker; and (2) Request for Judicial Notice. On December 8, 2023, Plaintiff filed his Opposition to the Demurrer. On December 12, 2023, Defendant filed his Reply regarding the Demurrer...
2023.12.20 Request for Entry of Default Judgment 578
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.20
Excerpt: .... On March 22, 2023, by request of Plaintiff, the Clerk's Office dismissed without prejudice the Doe Defendants from the Complaint. On March 23, 2023, Plaintiff filed: (1) CIV-100, Request for Court Judgment (three individual forms, one for each Defendant); (2) CIV-050, Statement of Damages; (3) MC-010, Memorandum of Costs; (4) Declaration of Desiree Chesnutt; (5) Declaration of N. Cory Barari; (6) Summary of Case; (7) Proposed Judgment; and (8) ...
2023.12.20 Petition to Compel Arbitration 135
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.20
Excerpt: ...fornia Permanente Medical Group on a cause of action of medical malpractice. On August 4, 2023, the Court appointed Benjamin Weaver as the guardian ad litem for Plaintiff, who is a minor. On October 4, 2023, Defendants filed their Answer to the Complaint. On October 30, 2023, Defendants filed their Petition to Compel Arbitration. In support of their Petition, Defendants concurrently filed: (1) Notice of Hearing; (2) Memorandum of Points and Autho...
2023.12.20 Motion to Set Aside or Vacate Default 064
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.20
Excerpt: ...i S. Chang, Hee Kyung Chang, The H Realty, and Christina Kwon. Multiple causes of action are pleaded against Defendants. On October 2, 2023, by request of Plaintiff, the Clerk's Office entered default on Defendant Emotional Health Association. On November 17, 2023, Defendant Emotional Health Association (“Defendant”) filed its Motion to Set Aside/Vacate Default. In support of its Motion, Defendant concurrently filed: (1) Declaration of Matthe...
2023.12.20 Motion for Leave to Amend Complaint 143
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.20
Excerpt: ...nt filed its Answer to the Complaint. On October 25, 2023, Plaintiff filed her Motion for Leave to Amend Complaint. On December 7, 2023, Defendant filed its Opposition to the Motion. No reply or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “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 ...
2023.12.20 Demurrer 597
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.20
Excerpt: ...ourt that these citations are simply copied-and-pasted from other secondary sources. They add nothing to Plaintiff's argument. BACKGROUND: On September 12, 2019, George Santopietro filed his Complaint against James Harden, Jeff Wiseman, Patrick Michael, Lia Vasdekis, LA Estate Rentals LLC, and Solimar Management LLC. The causes of action arise from damage that allegedly occurred after these individuals and corporate entities rented George Santopi...
2023.12.15 Motion for New Trial 856
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.15
Excerpt: ... a total amount of $5,868,261.00. Plaintiff shall have thirty (30) days from the date of the issuance of this Order during which it may consent to the reduction of damages set forth above. Failure to respond shall be deemed a rejection of the reduction of damages, and a new trial limited to the issue of the rejecting plaintiff's damages shall be automatically granted. (Code Civ. Proc., § 662.5, subd. (b).) If Plaintiff chooses to accept the redu...
2023.12.14 Motion to Strike 634
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.14
Excerpt: ...iled its Answer to the Complaint. On July 14, 2023, Plaintiff amended his Complaint by substituting Doe 1 with Urschel Laboratories Inc. and Doe 2 with Herbort GmbH. On September 5, 2023, Defendant Urschel Laboratories Inc. filed its Motion to Strike Punitive Damages. In support of its Motion, Defendant Urschel Laboratories concurrently filed: (1) Declaration of Chris W. Basil; and (2) Proposed Order. On September 15, 2023, Plaintiff filed its Op...
2023.12.14 Motion to Strike 231
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.14
Excerpt: ... (1998) 63 Cal.App.4th 1022; Loube v. Loube (1988) 64 Cal.App.4th 421; Ferguson v. Lieff, Cabraser, Heimann & Bernstein (2003) 30 Cal.4th 1037; Lynch v. Warwick (2002) 95 Cal.App.4th 267. (See Opposition, p. 7:1- 3.) Plaintiff did not provide the applicable page citation for any of these four cases. Defendant is correct that none of these cases is on-point. However, as indicated below, Defendant's argument lacks merit and Plaintiff is correct as ...
2023.12.12 Motion for Terminating Sanctions 630
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.12
Excerpt: ... April 21, 2023, Defendant filed his Answer to the Complaint. On May 24, 2023, Defendant/Cross-Complainant Ha-Rakhamon Farhod Azizi filed his Cross-Complaint against Cross-Defendants Peter Velasquez Hernandez, Daniel Anselmo Arroyo, and Cali Exotic Rentals. On August 1, 2023, the Court ordered Plaintiff Ramish Manglani (but not Plaintiff Eliyaho Schefres) to provide initial responses to the form interrogatories (“FROGs”) and special interroga...
2023.12.12 Motion to Set Aside Entry of Default 414
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.12
Excerpt: ...IMINARY COMMENTS: As indicated, the Court intends to GRANT Defendant Oh's motion to set aside the default against him. The Court would like to hear from Plaintiff's counsel if Plaintiff intends to litigate this matter against Defendant Oh, or alternatively, to dismiss Oh from the lawsuit and seek Entry of Default Judgement against the other three defendants. BACKGROUND: On February 3, 2023, Plaintiff Gene Park filed his Complaint against Defendan...
2023.12.12 Motion to Compel Arbitration and Stay Action Pending Arbitration 796
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.12
Excerpt: ... On October 30, 2023, Defendant filed its Motion to Compel Arbitration and Stay Action Pending Arbitration. In support of its Motion, Defendant concurrently filed: (1) Declaration of Jennifer G. Redmond; (2) Declaration of Christian Boullon; (3) Proposed Order; and (4) Amended Proof of Service. On November 29, 2023, Plaintiff filed his Opposition to the Motion. In support of his Opposition, Plaintiff concurrently filed: (1) Declaration of Jeffrey...
2023.12.12 Motion to Quash Service of Summons 245
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.12
Excerpt: ...intends to pursue this U.D. lawsuit, or whether the case will be dismissed. BACKGROUND: On September 1, 2023, Plaintiff Mural Media, LLC 401K Plan filed its Verified Complaint for Unlawful Detainer against Defendants Linda J. Maultsby and All Unknown Occupants, Tenants, and Subtenants. On November 7, 2023, the Court quashed proof of service of summons on Specially-Appearing Defendant Linda Maultsby, who is litigating this matter in propria person...
2023.12.11 Motion for Relief 968
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.11
Excerpt: ... Court of Appeal upheld this Court's denial of a motion to vacate a dismissal under CCP §473(b); in that case Plaintiff's counsel also moved to vacate dismissal so he could file an attorney's fees motion in a Lemon Law case. In other words, this case is identical to Hernandez. Yet Plaintiff's counsel in this matter failed to distinguish – or even mention –Hernandez in their motion. Professional Rules of Conduct, Rule 3.3(a)(2) “prohibits a...
2023.12.08 Motion to Vacate Notice of Conditional Settlement 420
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.08
Excerpt: ... filed her Complaint against Defendant Alta Public Schools on causes of action arising from Plaintiff's employment with Defendant. On September 21, 2022, Plaintiff filed her First Amended Complaint. On January 13, 2023, Plaintiff filed her Second Amended Complaint (SAC). On February 14, 2023, Plaintiff filed her Notice of Errata regarding her SAC. On March 2, 2023, Defendant filed its Answer to Plaintiff's SAC. On June 9, 2023, Defendant filed it...
2023.12.08 Motion to Compel Arbitration, Stay or Dismiss Proceedings 627
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.08
Excerpt: ...ion to Compel Arbitration, and Stay or Dismiss Proceedings. In support of its Motion, Defendant concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Alexander Kappner; (3) Declaration of Rod Mercado; (4) Request for Judicial Notice; (5) Proposed Order; and (6) Proof of Service. On November 27, 2023, Plaintiff filed his Opposition to the Motion. In support of his Opposition, Plaintiff concurrently filed Declaration of A...
2023.12.07 Motion to Strike, Demurrer 217
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.07
Excerpt: ...trike is DENIED. BACKGROUND: On May 17, 2023, Plaintiffs Andrea Faye Washington and Ezekiel Oliver Taylor filed their Complaint against Defendants DaVita Inc. and P & I Transportation LLC on causes of action arising from the death of a decedent. On June 1, 2023, the Court approved Plaintiffs' amendment to correct the name of Defendant P & I Transportation, Inc. (erroneously sued as P & I Transportation LLC). On June 2, 2023, Plaintiffs amended th...
2023.12.07 Motion to Compel Further Responses, for Sanctions 289
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.07
Excerpt: ... of $4,400.00. BACKGROUND: On September 22, 2022, Plaintiff Angel Luis Barrueta filed his Complaint for Partition of Real Property against Defendant Alexis Barrueta. On October 12, 2022, Plaintiff filed his Recorded Notice of Pending Action (“Lis Pendens”). On January 23, 2023, Defendant filed his Answer to the Complaint. On May 5, 2023, the Court appointed a receiver in this action. On October 30, 2023, Plaintiff filed his Motion to Compel F...
2023.12.07 Motion to Compel Deposition, for Sanctions 546
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.07
Excerpt: ...dant Sound Nutrition, Inc.'s Request for Sanctions is DENIED. PRELIMINARY NOTE: The Court orders all Counsel to read and comply with Department 34's rules. The Court also advises Counsel that the Court takes CRC 3.1332(a) seriously. BACKGROUND: On November 3, 2021, Plaintiff Creative Resonance, Inc. filed its Complaint against Defendants Sound Nutrition, Inc., Sound (ABC), LLC, Don Dillon, and Wilson Sonsini Goodrich & Rosati on causes of action ...
2023.12.07 Motion for Leave to File TACC 347
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.07
Excerpt: ... against Defendants Gloria Shulman Hughes and John E. Hughes, Jr. on causes of action of declaratory relief and breach of the covenant of good faith and fair dealing. On June 13, 2022, Plaintiff filed its First Amended Complaint (FAC), which added allegations and causes of action. On September 21, 2022, Defendants/Cross-Complainants Gloria Shulman Hughes and John E. Hughes, Jr. filed: (1) Answer to the FAC; and (2) Cross-Complaint against Cross-D...
2023.12.06 Motion to Compel Arbitration, to Stay 480
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.12.06
Excerpt: ... (“Defendant”) filed its Answer to the Complaint. On August 30, 2023, Defendant filed its Motion to Compel Arbitration and Motion to Stay Plaintiff's Complaint for Damages. In support of its Motion, Defendant concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Nolan McCready; (2) Declaration of Judy Chu; and (3) Proposed Order. On October 23, 2023, Plaintiff filed her Opposition to the Motion. In support of her Op...
2023.11.30 Motion to Vacate Arbitration and Proceed with Action in Court, for Sanctions 169
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.30
Excerpt: ...efendant Paradigm Treatment Center, LLC (erroneously sued as Paradigm Treatment Centers, LLC) on causes of action arising from Defendant's termination of Plaintiff's employment. On August 23, 2023, Plaintiff filed her Motion to Vacate Arbitration and to Proceed with an Action in Court and Request for Sanctions. In support of her Motion, Plaintiff concurrently filed: (1) Declaration of Elie Ghodsizadeh; (2) Proposed Order; and (3) Proof of Service...
2023.11.30 Motion for Judgment Notwithstanding the Verdict, New Trial, Tax Costs 320
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.30
Excerpt: ...Plaintiffs Stephen Glick and Alfred Garcia The Motion for Judgment Notwithstanding the Verdict is DENIED. The Motion for New Trial is GRANTED. It is CONDITIONALLY ORDERED that a new trial limited to the issue of damages will be held, unless Plaintiff Stephen Glick consents to a reduction in damages to a total amount of $250,000.00. It is CONDITIONALLY ORDERED that a new trial limited to the issue of damages will be held, unless Plaintiff Alfred G...
2023.11.29 Motion to Strike 064
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.29
Excerpt: ...t of $2,000.00 in favor of Plaintiff and against Moving Defendants and Defense Counsel Chad Biggins, jointly and severally. BACKGROUND: On July 31, 2023, Plaintiff Sean McDowell filed his Complaint against Defendants LNP Everland Inc., Emotional Health Association, Eui S. Chang, Hee Kyung Chang, The H Realty, and Christina Kwon. Multiple causes of action are pleaded against Defendants. On September 25, 2023, Defendant Eui S. Chang filed Motion to...
2023.11.29 Motion for Attorney Fees 368
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.29
Excerpt: ...ys' Fees is CONTINUED until December 18, 2023 for further determination on costs. BACKGROUND: On August 17, 2021, Plaintiff California Fueling, LLC filed its Complaint against Defendants Best Energy Solutions & Technology Corporation and George Sturges on causes of action of breach of contract, fraud, and interference with prospective economic advantage. On March 24, 2022, Plaintiff amended its Complaint to substitute Doe 1 with A Transport Corpo...
2023.11.28 Motion to Amend Judgment to Add Alter Ego 520
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.28
Excerpt: ...Judgment Debtors as alter egos of each other. The Second Motion to Amend Judgment is GRANTED as to Judgment Creditor's request that the Court amend the Judgment to add Dr. Leevil SPE LLC to the Judgment as an alter ego of Judgment Debtor Dr. Leevil, LLC. Judgment Creditor is to prepare and file an amended judgment within fourteen (14) days of the issuance of this Order. BACKGROUND: On February 15, 2019, Plaintiff filed its Complaint against Defen...
2023.11.28 Motion for Summary Judgment 420
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.28
Excerpt: ...its Verified Complaint against David Moezinia (“Moezinia”) on causes of action of breach of contract, common counts, and mechanic's lien foreclosure. On May 20, 2022, Chavez filed its Amendment to Complaint. On June 23, 2022, Moezinia filed: (1) Verified Answer to the Complaint; and (2) Verified Cross- Complaint (“Moezinia Cross-Complaint”) against Chavez, Salvador Chavez Gonzalez, and Hudson Insurance Company (“Hudson”). On July 8, 2...
2023.11.28 Demurrer to FAC 076
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.28
Excerpt: ...The Motion to Strike is DENIED. BACKGROUND: On June 16, 2023, Plaintiffs Joseph Greskoviak and Christina Reninger filed their Complaint against Defendants Oakwood Villa HOA and AMP Management & Investment Co., Inc. on causes of action arising from damages to Plaintiffs' real property. On September 26, 2023, Plaintiffs filed their First Amended Complaint (FAC). On October 30, 2023, Defendants filed their Demurrer to First Amended Complaint (“Dem...
2023.11.22 Motion to Quash Service of Summons and Complaint 213
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.22
Excerpt: ...tentional tort.” On July 31, 2023, Plaintiff amended their Complaint to substitute Doe 1 with Chrissy Taylor. On October 19, 2023, Defendant Jimmy Lara filed their Answer to the Complaint. On October 19, 2023, Specially-Appearing Defendant Chrissy Taylor filed their Motion to Quash Service of Summons and Complaint (“Motion”). On October 30, 2023, Plaintiff filed their Objection to the Motion (“Objection”). No reply or other response has...
2023.11.22 Motion for Judgment on the Pleadings 689
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.22
Excerpt: ...r against Defendant Yon Lee. On August 9, 2023, Plaintiff filed its Notice of Unlawful Detainer. On August 17, 2023, Defendant filed her Answer to the Complaint. On August 31, 2023, by request of Plaintiff, the Clerk's Office entered default on “All Unnamed Occupants.” On November 16, 2023, Defendant filed her Motion for Judgment on the Pleadings. In support of her Motion, Defendant concurrently filed: (1) Proposed Order; and (2) Proof of Ser...
2023.11.21 Motion to Enter Judgment Pursuant to Written Settlement Agreement, for Monetary Sanctions 852
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.21
Excerpt: ...LC on causes of action arising from the Song- Beverly Consumer Warranty Act. On May 30, 2023, the Court dismissed the case with prejudice and retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 6, 2023, Plaintiff filed his Motion to Enter Judgment Pursuant to Written Settlement Agreement and for Monetary Sanctions. No opposition or other...
2023.11.21 Motion for Leave to File FAC 148
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.21
Excerpt: ...); Western Surety Company (“Western Surety”); and East West Bank (“East West”). On June 10, 2022, Western Surety filed: (1) General Denial of the Complaint; and (2) Verified Cross- Complaint against Royal and Morillo. On July 13, 2022, Morillo filed its Verified Answer to the Verified Cross-Complaint. On July 27, 2022, by request of Morillo, the Clerk's Office entered default on Eva Neumann and Royal regarding the Complaint. On August 3, ...
2023.11.21 Motion for Leave to File Amendment to Original Complaint 436
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.21
Excerpt: ...and Amos Benjamin on causes of action arising from Plaintiff's tenancy with Defendants. On June 28, 2023, Defendants filed their Answer to the Complaint (“Joint Answer”). On July 12, 2023, Defendant AF APTS LLC filed its own Answer to the Complaint (“AF APTS Answer”). On October 23, 2023, Plaintiff, now in propria persona, filed his Motion for Leave to File an Amendment to the Original Complaint (“Motion”). On November 1, 2023, Defend...
2023.11.17 Motion for Summary Judgment 648
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.17
Excerpt: ...sts dismissal, and the Court has granted Defendant Thomas' Motion for Summary Judgment, the Court dismisses the case with prejudice. BACKGROUND: On July 20, 2022, Plaintiff Jeremy Woods filed his Complaint against Defendants Bert J. Thomas (“Defendant Thomas”) and The Regents of the University of California (“Defendant Regents,” erroneously sued as “Santa Monica UCLA Medical Center”) on a cause of action for medical malpractice. On No...
2023.11.17 Motion to Extend Lien 441
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.17
Excerpt: ...arising after Plaintiff Jennie Buckley underwent certain medical procedures and discovered Defendants' unauthorized use of Plaintiff Jennie Buckley's pictures pictures. On July 6, 2020, by request of Plaintiffs, the Clerk's Office entered default on Defendants. On October 8, 2021, the Court entered judgment in this matter in favor of Plaintiffs and against Defendants. On December 19, 2022, Plaintiffs filed their Acknowledgement of Assignment of J...
2023.11.16 Motion for Summary Adjudication 579
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.16
Excerpt: ...Motion to Quash Subpoena for Production of Records Moving Party: Defendants Restaurant Design Studio Corp. and Heriberto Camacho Resp. Party: Plaintiffs Joe Maez, Hunter Maez, and Maez Restaurant Group LLC SUBJECT: Motion to be Relieved as Counsel Moving Party: Defense Counsel Mark J. Skapik and Skapik Law Group Resp. Party: None SUBJECT: Motion to be Relieved as Counsel Moving Party: Defense Counsel Mark J. Skapik and Skapik Law Group Resp. Part...
2023.11.16 Motion for Judgment Notwithstanding the Verdict, New Trial on Issue of Damages or Remittitur 320
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.16
Excerpt: ...Plaintiffs Stephen Glick and Alfred Garcia The Motion for Judgment Notwithstanding the Verdict is DENIED. The Motion for New Trial is GRANTED. It is CONDITIONALLY ORDERED that a new trial limited to the issue of damages will be held, unless Plaintiff Stephen Glick consents to a reduction in damages to a total amount of $250,000.00. It is CONDITIONALLY ORDERED that a new trial limited to the issue of damages will be held, unless Plaintiff Alfred G...
2023.11.15 Motion to Quash Service of Summons 648
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.15
Excerpt: ... sued as “Santa Monica UCLA Medical Center”) on a cause of action for medical malpractice. On November 18, 2022, Defendant Bert J. Thomas filed his Answer to the Complaint. On July 31, 2023, the Court granted Defendant Bert J. Thomas's discovery motions. The court ordered Plaintiff to provide initial responses within ten days of the issuance of that Order to the form interrogatories, special interrogatories, and requests for production of doc...
2023.11.15 Demurrer to FAC 815
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.15
Excerpt: ...st Defendants N. Francowitz, Inc. and Nancy Frankel on causes of action arising from Plaintiff's employment by Defendants. On April 21, 2023, Plaintiff filed her First Amended Complaint (FAC). On June 16, 2023, Defendants filed: (1) Demurrer to the FAC; and (2) Motion to Strike the FAC. In support of their Demurrer and Motion to Strike, Defendants concurrently filed: (1) Request for Judicial Notice (only in support of the Motion to Strike); (2) D...
2023.11.14 Motion for Approval of PAGA Settlement 280
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.14
Excerpt: ...2023, Plaintiff filed her Judicial Council Form CM-200, Notice of Settlement of Entire Case. On October 20, 2023, Plaintiff filed her Unopposed Motion for Approval of PAGA Settlement. In support of her Motion, Plaintiff concurrently filed: (1) Declaration of Lisa Mullins; (2) Declaration of Harout Messrelian; and (3) Proposed Order. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “This part shall be kno...
2023.11.14 Demurrer to SACC 127
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.14
Excerpt: ...ss transactions. On May 7, 2021, Jason Aryeh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross-Complaint (“the Aryeh Cross-Complaint”) against Oliver Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi, Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Oliver Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with M...
2023.11.13 Motion to Enter Judgment to Written Settlement Agreement, for Monetary Sanctions 852
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.13
Excerpt: ...LC on causes of action arising from the Song- Beverly Consumer Warranty Act. On May 30, 2023, the Court dismissed the case with prejudice and retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 6, 2023, Plaintiff filed his Motion to Enter Judgment Pursuant to Written Settlement Agreement and for Monetary Sanctions. No opposition or other...
2023.11.13 Motion to Compel Arbitration and Stay Action 730
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.13
Excerpt: ...n October 4, 2023, Defendant FCA filed its Motion to Compel Arbitration and Stay Action. In support of its Motion, Defendant FCA filed its Proposed Order. On October 17, 2023, Plaintiff filed his Opposition to the Motion. In support of his Opposition, Plaintiff concurrently filed: (1) Request for Judicial Notice; and (2) Evidentiary Objections. On October 23, 2023, Defendant FCA filed its Reply regarding the Motion. In support of its Reply, Defen...
2023.11.13 Motion to Compel Arbitration 150
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.13
Excerpt: ...cember ___, 2024. The parties are to file a joint status conference report five court days prior to the hearing. BACKGROUND: On November 21, 2022, Petitioner Thomas Waljeski (“Petitioner”) filed his Petition to Compel Arbitration of Underinsured Motorist Claim and for Appointment of an Arbitrator (“Petition”) against Respondent 21st Century Insurance Company (“Respondent”). On July 13, 2023, the Court denied without prejudice the Peti...
2023.11.13 Motion for Summary Judgment 148
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.13
Excerpt: ...Motion for Summary Judgment is GRANTED. Summary judgment is granted in favor of East West and against Morillo on the second and third causes of action in the Complaint. Summary judgment is also granted in favor of Wells Fargo and against East West on East West's Cross-Complaint. The Motion for Terminating Sanctions is GRANTED in part. Eva Neumann's Answer to the Complaint is STRICKEN. The Motion for Terminating Sanctions is DENIED as to all other...
2023.11.09 Motion for Summary Judgment, Adjudication 445
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.09
Excerpt: ...faith and fair dealing. On September 13, 2022, Defendant filed its Answer to the Complaint. On August 24, 2023, Defendant filed its Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues. In support of its Motion, Defendant concurrently filed: (1) Table of Contents of Evidence and Exhibits; (2) Separate Statement; and (3) Proposed Order. On October 26, 2023, Plaintiffs filed their Opposition to the Motion. In support o...
2023.11.09 Motion for Terminating, or Issue, Evidence, and Monetary Sanctions 304
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.09
Excerpt: ...Plaintiff Ari Chazanas filed his Complaint against Defendant Vazgen Hakobian (sued as Vazgen Hakopian) on causes of action of breach of contract, fraud, negligence, restitution pursuant to Business and Professions Code section 7031, and money had and received. On October 29, 2021, Defendant filed his Answer to the Complaint. On November 12, 2021, Defendant/Cross-Complainant Vazgen Hakobian filed his Verified Cross-Complaint against Plaintiff/Cros...
2023.11.09 Motion to Compel Responses, for Monetary Sanctions 269
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.09
Excerpt: ...rty: None SUBJECT: Motion to Deem the Truth of Matters Specified in Plaintiff's Requests for Admissions, Set No. One, Admitted and Conclusively Established [and] Request Imposing Monetary Sanctions Moving Party: Plaintiff Joseph Arevalo Resp. Party: None The ROGs Motion and the RPDs Motion are GRANTED. Defendants shall provide initial responses to the ROGs and RPDs within 14 days of the issuance of this Order. The RFAs Motion is GRANTED. The RFAs...
2023.11.07 Motion to Quash 245
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.07
Excerpt: ...September 29, 2023, Specially-Appearing Defendant Linda Maultsby, who is litigating in propria persona, filed her Motion to Quash. On October 25, 2023, Plaintiff filed its Opposition to the Motion. On October 31, 2023, Specially-Appearing Defendant filed her Notice of Non-Appearance regarding the hearing on the Motion. Specially-Appearing Defendant did not file a reply to the Motion. ANALYSIS: I. Legal Standard “A summons may be served by perso...
2023.11.07 Motion for Attorney Fees 147
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.07
Excerpt: ...aintiff Caroline S. Lee (“Plaintiff”) filed her Complaint against Defendants Jong Han Lee (“Lee”), Bow Tie Realty and Investment, Inc. (“Bow Tie”), Tracy Ko (“Ko”), and United Escrow Co. (“United”). On June 5, 2018, by request of Plaintiff, the Clerk's Office dismissed without prejudice Lee and Bow Tie from the Complaint. On July 17, 2018, Bow Tie filed its Complaint in Intervention. On September 17, 2019, the Court entered Ju...
2023.11.07 Motion for Approval of PAGA Settlement 420
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.07
Excerpt: ...ising from Plaintiff's employment with Defendant. On September 21, 2022, Plaintiff filed her First Amended Complaint. On January 13, 2023, Plaintiff filed her Second Amended Complaint (SAC). On February 14, 2023, Plaintiff filed her Notice of Errata regarding her SAC. On March 2, 2023, Defendant filed its Answer to Plaintiff's SAC. On June 9, 2023, Defendant filed its First Amended Answer to Plaintiff's SAC. On October 12, 2023, Plaintiff filed h...
2023.11.02 Motion to Compel Arbitration and Stay Proceedings 131
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.02
Excerpt: ...representation, fraudulent inducement by concealment, and negligent repair. On June 15, 2023, Defendant Nissan North America, Inc. filed its Answer to the Complaint. On July 25, 2023, Defendant LAD-N, LLC filed its Answer to the Complaint. On September 13, 2023, Defendants filed their Motion to Compel Arbitration and Stay Proceedings. In support of their Motion, Defendants concurrently filed: (1) Memorandum of Points & Authorities; (2) Declaratio...
2023.11.02 Motion for TRO, OSC Re Preliminary Injunction 218
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.02
Excerpt: ...dants and Defendant/Cross-Complainant, as well as the Parties' guests, tenants, agents, employees, contractors, and/or animals – shall not create, construct, and/or maintain any obstructions on, along, or across the alleged easement described by the Community Driveway Agreement, excluding parking vehicles in the alleged easement, so long as such parking allows continued ingress and egress to both properties; and (2) Defendant/Cross-Complainant,...
2023.11.01 Motions to Strike 784
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.11.01
Excerpt: ... (“Plaintiff”) filed this action against Defendants Ahern Rentals (“Ahern”), Snorkel International, LLC, Snorkel International Holdings, LLC (together “Snorkel”), and State Compensation Insurance Fund. Plaintiff's Complaint alleges causes of action for (1) general negligence, (2) negligent undertaking, (3) strict products liability – design defect, (4) strict products liability – failure to warn, (5) strict products liability – ...
2023.10.31 Motion to Compel Arbitration 739
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.31
Excerpt: ...very and does not require Plaintiff to pay additional fees for the arbitration, the Court will grant the motion to compel. If the parties cannot agree on such an arbitral forum, the court will deny the motion to compel. The Court will hear from the parties at the hearing on this issue. PRELIMINARY COMMENTS: The Court is concerned with a lack of civility shown by Defense counsel when meeting-and- conferring with Plaintiff's counsel. Defense counse...
2023.10.30 Motion to Compel Responses, for Sanctions 598
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.30
Excerpt: ...for Production (Set One) [and] Request for Sanctions Moving Party: Defendant YMCA of Hollywood, California Resp. Party: None SUBJECT: Motion to Have Its Requests for Admissions to Plaintiff Deemed Admitted [and] Request for Monetary Sanctions Moving Party: Defendant YMCA of Hollywood, California Resp. Party: None The FROGs Motion, the SROGs Motion, and the RPDs Motion are GRANTED. Plaintiff shall provide initial responses to the FROGs, SROGs, and...
2023.10.27 Motions to Strike 902
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.27
Excerpt: ...s Edgar G. Balvaneda, Julio Balvaneda, Maria G. Balvaneda, Iridian Barajas, Aubrey Balvaneda, Damien Balvaneda, and Estate of Paula Rodriguez Resp. Party: Defendants/Cross-Complainants Christopher Russell, Marc Lazarus, and Russell & Lazarus APC The Motions to Strike are DENIED. BACKGROUND: On March 23, 2023, Plaintiffs Edgar G. Balvaneda, Julio Balvaneda, Maria G. Balvaneda, Iridian Barajas, Aubrey Balvaneda, Damien Balvaneda, and Estate of Paul...
2023.10.27 Motion to Compel Deposition of PMQ and Production of Docs 217
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.27
Excerpt: ...enal Care, Inc. The Motion to Compel TRC's PMQ and the Motion to Compel Stijepovic are GRANTED. Defendant TRC shall make Dragana Stijepovic and TRC's PMQ available for deposition within 30 days of the issuance of this Order. Sanctions of $2.00 are imposed against Defendant and its attorney, jointly and separately. BACKGROUND: On May 17, 2023, Plaintiffs Faye Washington (erroneously listed as Faye Washinton) and Ezekiel Oliver Taylor filed their C...
2023.10.27 Application and Order for Appearance and Examination 862
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.27
Excerpt: ...n Code of Civil Procedure, section 708.120, subdivision (f) are followed. Ramona Featherby shall file proof of service of the Third Person no less than 72 hours in advance of the next hearing. BACKGROUND: On September 17, 2018, Glenoaks Rx, Inc. and Serj Soukaz Markarian filed their Complaint against Maung Ye Htut Loo. On November 13, 2018, Maung Ye Htut Loo filed his Cross-Complaint against Serj Soukaz Markarian and Arevik Soukazian. On July 27,...
2023.10.26 Motion for Determination of Good Faith Settlement 685
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.26
Excerpt: ...plaint to substitute Does 1 through 3 with Viale Di Romani LLC (d.b.a. La Peer Hotel), Kimpton Hotel & Restaurant Group, LLC, and La Peer Hotel Owner LLC, respectively. On June 20, 2022, Plaintiff amended his Complaint to substitute Does 4 through 6 with Casey John Lane, From Scratch Hospitality, LLC, and Apicci (Denver) LLC, respectively. On July 28, 2022, Plaintiff amended his Complaint to substitute Doe 7 with KHRG La Peer LLC. On August 1, 20...
2023.10.26 Application and Order for Appearance and Exam 644
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.26
Excerpt: ...earance and Examination — Enforcement of Judgment against Third Persons are GRANTED. At the time the Order is served on the Third Persons, Judgment Creditor shall ensure that the requirements set out in Code of Civil Procedure, section 708.120, subdivision (f) are followed Judgment Creditor shall file proof of service as to each of the Third Persons no less than 72 hours in advance of the next hearing. BACKGROUND: On August 22, 2012, Plaintiff ...
2023.10.25 Motion to Dismiss for Forum Non-Conveniens 001
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.25
Excerpt: ...se of Defendant's moving services. On August 14, 2023, Specially-Appearing Defendant filed its Motion to Dismiss for Forum Non-Conveniens (“Motion”). Specially- Appearing Defendant concurrently filed its Proof of Service. On September 14, 2023, Plaintiff filed his Opposition to the Motion. Plaintiff concurrently filed his Declaration. On September 20, 2023, Specially-Appearing Defendant filed its Reply regarding the Motion. Specially-Appearin...
2023.10.25 Motion to Compel Responses, for Sanctions 900
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.25
Excerpt: ...ne The FROGs Motion and the RPDs Motion are GRANTED. FCPDA shall provide initial responses to the FROGs and RPDs within 14 days of the issuance of this Order. The RFAs Motion is GRANTED. The RFAs are DEEMED ADMITTED. BACKGROUND: On July 28, 2021, Family Choice Private Duty Agency, Inc. (“FCPDA”) filed its Complaint against Kamerron Easton (“Easton”) and James P. Ashby (“Ashby”) on causes of action for breach of contract, breach of cov...
2023.10.25 Motion for Reconsideration 294
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.25
Excerpt: ...yl White filed his Complaint against Defendant Kia America, Inc. (f.k.a. Kia Motors America, Inc.) on causes of action regarding the defects with his car. On January 9, 2023, after five days of Trial, the Jury found: (1) for Defendant and against Plaintiff on the cause of action for breach of express warranty; and (2) for Plaintiff and against Defendant on the cause of action for breach of the Song-Beverly Consumer Warranty Act. Pursuant to the s...
2023.10.24 Motion for Terminating Sanctions 495
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.24
Excerpt: ...y of Default Judgement for December ___, 2023. BACKGROUND: On November 8, 2022, Plaintiffs Sonia Recinos, Monica Lopez, Jennifer Recinos, and Monica Natalie Lopez filed their Complaint against Defendant Hani Mammo on causes of action arising from Plaintiffs' tenancy in Defendant's apartment building. On November 10, 2022, the Court appointed Monica Lopez to be the Guardian ad Litem for Jennifer Recinos and Monica Natalie Lopez, who are minors. On...
2023.10.24 Motion for Attorney Fees 147
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.24
Excerpt: ...5.65. Bow Tie's Motion re Lee V is GRANTED. Attorney's fees and costs are awarded in favor of United and against Plaintiff in the total amount of $2,445.65. BACKGROUND: I. Procedural History Until Judgment On March 7, 2018, Plaintiff Caroline S. Lee (“Plaintiff”) filed her Complaint against Defendants Jong Han Lee (“Lee”), Bow Tie Realty and Investment, Inc. (“Bow Tie”), Tracy Ko (“Ko”), and United Escrow Co. (“United”). On Ju...
2023.10.23 Motion for Leave to File SAC, for Global Stay of Proceedings 352
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.23
Excerpt: ...ight against self- incrimination. Defendant's Request for Sanctions is DENIED. A status hearing is set for October 23, 2024 regarding the stay. The parties are to file a Joint Status Conference Report 5 court days prior to the status conference hearing. Since Plaintiff's request for a stay is being granted, her Motion for Leave to File Second Amended Complaint is DENIED without prejudice to her refiling such a motion when the stay is lifted. BACK...
2023.10.20 Demurrer 118
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.20
Excerpt: ...i's Demurrer to PIH's Cross-Complaint is TAKEN OFF CALENDAR. BACKGROUND: On December 7, 2022, Angel Medical Group, Inc. (“AMG”) filed its Complaint against PIH Health Good Samaritan Hospital (“PIH”) on causes of action involving the Parties' contracts and business dealings. On March 1, 2023, the Court sustained PIH's Demurrer solely to the fifth cause of action for declaratory relief in the Complaint. On May 3, 2023, PIH filed its Answer ...
2023.10.19 Motion to Strike 417
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.19
Excerpt: ... 2023, Defendant filed its Answer to the Complaint. On August 18, 2023, Defendant filed its Special Motion to Strike Plaintiff's Complaint Pursuant to California Anti-SLAPP Statute, Civ. Proc. Code § 425.16 (“Anti-SLAPP Motion”). In support of its Anti- SLAPP Motion, Defendant concurrently filed: (1) Request for Judicial Notice; (2) Compendium of Evidence; (3) Proposed Order; and (4) Proof of Service. On September 13, 2023, Plaintiff filed h...
2023.10.19 Demurrer 510
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.19
Excerpt: ... causes of action. BACKGROUND: On July 14, 2023, Plaintiff Mengwen Tu filed her Complaint against Defendants PRBC 9 Limited Partnership, Southern California Commercial Regional Center, LLC, and YK America Regional Center, LLC. On August 30, 2023, Defendants filed their Demurrer to the Complaint. In support of their Demurrer, Defendants concurrently filed Declaration of Joseph Lian. On October 6, 2023, Plaintiff filed her Opposition to the Demurre...
2023.10.18 Motion to Compel Deposition 393
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2023.10.18
Excerpt: ...il 25, 2023, Plaintiff filed Notice of Death of Attorney. On August 30, 2023, Defendant filed its Motion to Compel Deposition of Plaintiff. In support of its Motion, Defendant concurrently filed: (1) Declaration of Nancy Doumanian; and (2) Proposed Order. On October 9, 2023, Plaintiff filed Judicial Council Form MC-050, Substitution of Attorney — Civil. Also on October 9, 2023, Plaintiff filed his Opposition to the Motion. In support of his Opp...

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