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2020 10.26 Motions to Compel Further Responses 834
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020
Excerpt: .... (Civil West); Skanska USA Building, Inc. (USA Building); Skanska USA Civil, Inc. (USA Civil); PCI Skanska, Inc. (PCI); Stacy and Witbeck, Inc.; and Gustavo Bravo (Bravo) on September 20, 2019. The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the exe...
2020.03.11 Demurrer 873
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.11
Excerpt: ...Insurance (“Homesite”), Tri-Tech Restoration (“Tri-Tech”), and Voge Inc. (“Voge”) on May 22, 2019. Plaintiffs dismissed the action with prejudice as to Geico and Homesite on December 17, 2019. On November 19, 2019, Sonia filed three pleadings styled as “Declarations” against Homesite, Tri-Tech, and Voge. The “pleading” against Tri-Tech (“Tri-Tech TAC”) is a jumbled assortment of Judicial Council forms and exhibits. The Tri...
2020.03.09 Special Motion to Strike 426
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.09
Excerpt: ...n November 1, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on January 30, 2020. The FAC asserts a single cause of action for legal malpractice. The FAC alleges in pertinent part as follows. Plaintiffs are the grandchildren of Sharon Adamson Gee (“Sharon”), who passed away in 2018. In 1985, Sharon and her then-husband Merritt Adamson Jr. (“Merritt”) established the Adamson Trust to ensure the orderly transi...
2020.03.09 Motion to Compel Depositions 632
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.09
Excerpt: ... Escrow (“Silver Bay”); John Russell Harris (“Harris”); Silver Bay Funding Corp. (“Silver Bay”); Francis Leary (“Leary”); Allied Realty, Inc. (“Allied”); Consumer's Title Company of California, Inc. (“CTC”); Northern California Mortgage Fund XIII, LLC (“NCMF”); and Golden West Foreclosure Services, Inc. (“GWFS”) (collectively, “Defendants”) on April 26, 2019. The operative pleading is the First Amended Complain...
2020.03.09 Motion to Compel Mental Examination 222
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.09
Excerpt: ...nal origin/ancestry), (2) discrimination (disability), (3) failure to reasonably accommodate, (4) failure to engage in an interactive process, (5) retaliation, (6) harassment, and (7) failure to prevent discrimination, retaliation, and harassment. The Complaint alleges in pertinent part as follows. Plaintiff is a person of Bangladeshi origin, a Muslim, and disabled person within the meaning of FEHA. Since 1998, Plaintiff has been employed by the ...
2020.03.06 Motion to Compel Further Responses, Production of Docs 404
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.06
Excerpt: ...this action against Defendants Patrick Herning (“Herning”); 11 Honore, Inc. (“11 Honore” or “Company”); Redpoint Ventures (“Redpoint”); and Greycroft Partners IV, LP (“Greycroft”) (collectively, “Defendants”) on October 4, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on April 11, 2019. The FAC asserts causes of action for (1) breach of oral employment contract against 11 Honore; (2) wrongfu...
2020.03.06 Motion for Preliminary Injunction 662
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.06
Excerpt: ...ichael A. Martinez (“Martinez”), and Rebecca Lo (“Lo”) on December 30, 2019. The operative pleading is the First Amended Petition (“FAP”) filed on November 4, 2019. The FAP asserts causes of action for (1) violation of the Voter Registration Code, (2) violation of Elections Code section 9215, (3) violation of CEQA, and (4) violation of the Brown Act. Plaintiff brings this action to challenge and set aside the City's adoption of an ord...
2020.03.06 Demurrer, Motion to Strike 511
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.06
Excerpt: ...nce Company (“FMIC”); and FCA US, LLC (“FCA”) (collectively, “Defendants”) on May 13, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on December 24, 2019. The FAC asserts causes of action for (1) violations of Consumers Legal Remedies Act (“CLRA”), (2) negligent misrepresentation, (3) concealment, (4) violations of Unfair Competition Law (“UCL”), and (5) bond liability. The FAC alleges in pertine...
2020.03.04 Motion to Strike 096
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.04
Excerpt: ...t Jae-Yeon Shim (“Shim”), Sung Kyu Lee (“Sung”), and Jin Hee Chung (“Chung”) (collectively, “Defendants”) on January 22, 2019. The Complaint asserts causes of action for (1) assault against Shim, (2) battery against Shim, (3) defamation per se against Defendants, (4) intentional infliction of emotional distress against Defendants, (5) interference with prospective economic relations against Defendants, and (6) negligent interferen...
2020.03.04 Motion to Require Undertaking, to Compel Deposition 537
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.04
Excerpt: ...(“Cedars”) on March 11, 2019. The Complaint asserts causes of action for (1) premises liability, (2) negligence, and (3) breach of California's Confidentiality of Medical Information Act. Plaintiff dismissed the third cause of action without prejudice on April 22, 2019. The Complaint alleges in pertinent part as follows. Cedars owns and controls a hospital located at 8700 Beverly Boulevard, Los Angeles, CA 90048 (“Premises”). On January 6...
2020.03.04 Demurrer 009
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.04
Excerpt: ...nzalez (“Defendant”) via Doe amendment. Then, on December 4, 2019, Plaintiff filed a first amended complaint in which Plaintiff alleges as follows: On or about February 18, 2016, Plaintiff was working for C.R. England, Inc. and while shaking hands with a railroad company worker, Luis Gonzalez, when [sic] Mr. Gonzalez pulled Plaintiff's hand, pulling Plaintiff forward and causing Plaintiff to lose his balance when Mr. Gonzalez let go. Plaintif...
2020.03.02 Demurrer, Motion to Strike 366
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.03.02
Excerpt: ...ho”); and Ji Youn Song (“Song”) (collectively, “Defendants”) on September 26, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on December 16, 2019. The FAC asserts causes of action for (1) breach of contracts against Defendants, (2) goods sold and delivered against Defendants, (3) breach of contract – personal guaranty against Cho, (4) open account against Defendants, (5) account stated against Defendants...
2020.02.28 Motion for Summary Judgment, Adjudication 544
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.28
Excerpt: ...lla S. Krashenny (“Krashenny”) (collectively, “Defendants”) on May 1, 2018. The operative pleading is the Second Amended Complaint (“SAC”) filed on January 31, 2019. The SAC asserts causes of action for (1) breach of contract against Defendants, (2) breach of contract re: guaranty against Zinberg and Itkin, (3) fraud against Defendants, (4) common count against Defendants, (5) breach of contract against BUI, Zinberg, and Itkin, (6) fr...
2020.02.28 Motion for Summary Adjudication 219
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.28
Excerpt: ...nce Lozano (“Lozano”) (collectively, “Defendants”) on November 27, 2018. The Complaint asserts causes of action for (1) violation of Labor Code section 203 – Continuing Wages, (2) violation of Labor Code section 203.1 – Wages by Check on Which Payment Refused, (3) violation of Labor Code sections 510 and 1194 – Failure to Pay Minimum Wage and Overtime, (4) violation of Labor Code section 226(a) – Failure to Provide Pay Stubs, (5) ...
2020.02.28 Motion for Relief from Waiver of Objections, to Compel Further Responses, for Leave to File Amended Answer 423
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.28
Excerpt: ...ODUCTION OF DOCUMENTS, SET THREE (4) CHURCH'S MOTION TO COMPEL OCB'S FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE (5) OCB'S MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWE R BACKGROUND A. Complaint Plaintiffs “Protection of the Holy Virgin,” the Russian Orthodox Church (“Church”) and Father Viktor Tseshkovsky (“Tseshkovsky”) (collectively, “Plaintiffs” or “Cross-Defendants”) commenced this action against Our Church Buildi...
2020.02.25 Demurrer 248
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.25
Excerpt: ...ant Roman”) and owned by the Los Angeles Unified School District (“LAUSD”). Plaintiff filed a first amended complaint asserting the following causes of action: (1) Statutory liability under Government Code section 815.2(a); (2) Reckless Misconduct/Gross Negligence/Violations of Civil Code section 1714; and (3) Negligence. Now, Defendant Roman demurs to the third cause of action, which is sustained with leave to amend. Defendant Roman also m...
2020.02.25 Motion for Summary Judgment 280
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.25
Excerpt: ...ts”), asserting causes of action for negligence and premises liability. Plaintiff alleges that she slipped and fell on the floor plate at the base of an outdoor escalator at Defendant's shopping mall. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entit...
2020.02.24 Motion to Dismiss Complaint, to Compel Further Responses 224
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.24
Excerpt: ...er attorney-in-fact, Desiree O'Niell (“Plaintiff”) commenced this action against Defendants LAD Carson-N, LLC and Hilland of Carson, Inc. (“Hilland”) (collectively, “Defendants”) on March 1, 2019. The Complaint asserts causes of action for (1) financial elder abuse, (2) violation of Consumer Legal Remedies Act, (3) unfair competition, (4) negligence, and (5) negligent hiring, supervision, and retention. The Complaint alleges in pertin...
2020.02.24 Motion to Compel Docs Withheld Under Deliberative Process Claim 027
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.24
Excerpt: ...��City”) and Real Party-in-Interest 6421 Selma Wilcox Hotel LLC (“Real Party”) on April 2, 2019. The operative pleading is the First Amended Petition (“FAP”) filed on November 4, 2019. The FAP alleges in pertinent part as follows. The Selma Wilcox Hotel Project is an 8-story, approximately 88.6-foot tall, 79,878- square-foot hotel with 114 rooms / suites, a restaurants/bars, and a three-level underground parking garage. The Project Site...
2020.02.24 Motion for Summary Judgment 989
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.24
Excerpt: ...ly and on behalf of the Estate, and Marcos Figueroa (“Marcos”) (collectively, “Plaintiffs”) against Defendants AT&T Corporation (“AT&T”); AT&T Mobility Wireless Operations Holdings Inc. (“AT&T Wireless”); All Access Equipment Rentals, Inc. (“All Access”); RBR Properties, Inc. (“RBR”); Vinculums Services, LLC (“Vinculums”); New Cingular Wireless PCS LLC (“Cingular”); JLG Industries, Inc (“JLG”); Joel Lupercio (�...
2020.02.24 Motion for Judgment on the Pleadings 280
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.24
Excerpt: ...tive pleading is the First Amended Complaint (“FAC”) filed on March 20, 2019. The FAC asserts causes of action for (1) sexual battery against Defendants, (2) intentional infliction of emotional distress against Defendants, (3) assault against Defendants, (4) negligence against SCPMG, (5) premises liability against SCPMG, and (6) professional negligence against Defendants. The FAC alleges in pertinent part as follows. On December 21, 2017, Pla...
2020.02.21 Demurrer 034
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.21
Excerpt: ...action against Defendants Jose Cardenas (“Cardenas”), Lincoln Transportation Services, Inc. (“Lincoln”), STS Logistics Inc. (“STS”), and Greenline Express, Inc. (“Greenline”) (collectively, “Defendants”) on April 22, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on September 9, 2019. The FAC asserts causes of action for (1) breach of contract against Lincoln, (2) breach of the implied covenant o...
2020.02.14 Special Motion to Strike 983
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.14
Excerpt: ...ollows. Plaintiff was the former president of the Filipino American Community of Los Angeles, Inc. (“FACLA”), an organization whose objective is to promote the well-being of Filipino Americans in Los Angeles County. 31 disgruntled members of FACLA filed three lawsuits against Plaintiff and FACLA's Board of Directors. All three lawsuits were dismissed with prejudice. To cease these frivolous lawsuits, Plaintiff issued an executive order denyin...
2020.02.14 Motions for Summary Judgment, Adjudication 414
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.14
Excerpt: ...so Lascano (“Lascano”) (collectively, “Defendants”) on August 22, 2017. Their operative pleading is the First Amended Complaint (“Shin/Shinn FAC”) filed on November 13, 2017. The Shin/Shinn FAC asserts causes of action for (1) professional negligence, (2) breach of fiduciary duty, and (3) unauthorized practice of law. The Shin/Shinn FAC alleges in pertinent part as follows. H&H is a licensed real estate broker, and Lascano is a licens...
2020.02.14 Demurrer 655
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.14
Excerpt: ...�), Auto Club Group (“ACG”), and Automobile Club of Michigan on October 30, 2017. The operative pleading is the First Amended Complaint (“FAC”) filed on September 27, 2019. The FAC named additional defendants to the action: Vijayachandran Subashchandrabose (“Bose”), Raghuram Barigeda (“Barigeda”), and Sridharan Sundaram (“Sundaram”). The FAC asserts causes of action for (1) violation of the Uniform Trade Secrets Act (“UTSA�...
2020.02.13 Motion for Summary Judgment 693
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.13
Excerpt: ...to inform the clerk whether you are submitting on the Court's tentative or whether you are requesting a hearing. If any party requests a hearing, one will be scheduled. If you do not request a hearing or fail to email the Court's clerk before 1:30 p.m. on the date of the hearing, you will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Drahsyr Kevon Bigaud (“Plaintiff”) filed this ...
2020.02.10 Demurrer 287
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.10
Excerpt: ...ail, (4) sexual assault / battery, and (5) intentional infliction of emotional distress (“IIED”). The Complaint alleges in pertinent part as follows. On November 1, 2015, Plaintiff met Hong in a single seniors' club. Thereafter, they dated and had a romantic relationship. On January 15, 2016, Hong introduced Yi to Kim. On May 1, 2016, Kim solicited sex from Yi. Since this solicitation, Kim has continuously sent “sexually-abusive” messages...
2020.02.10 Motion for Attorney's Fees 896
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.10
Excerpt: ...ures, LLC (“NPI”) (collectively, “Defendants”) on November 14, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on April 3, 2019. The FAC alleges in pertinent part as follows. This action concerns real property located at 4000-4040 Palos Verdes Drive North, Rolling Hills Estates, California 90274 (“Property”). Kokubu, Sudo, Hamamoto, PRH, and JI (“Owners”) are the owners of the Property in fee simple a...
2020.02.10 Motion to Compel Further Responses 652
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.10
Excerpt: ...OCUMENTS, SET ONE (4) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, SET ONE BACKGROUND Plaintiff Charles E. Davies (“Plaintiff”) commenced this action against Defendant Union Pacific Railroad (“Defendant”) on June 13, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on July 8, 2019. The FAC asserts a single cause of action for violation of the Federal Employers Liability Act (“FELA”). The F...
2020.02.10 Motion to Quash or Modify Subpoenas 828
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.10
Excerpt: ...act and (2) breach of the implied covenant of good faith and fair dealing. The Complaint alleges in pertinent part as follows. At all relevant times, Plaintiff was covered under the terms of a group health plan issued to the City of Los Angeles by Anthem called the “Select HMO Plan.” The group health plan required that Plaintiff be assigned to a primary care physician who would attend to Plaintiff's primary care needs. If Plaintiff needed tre...
2020.02.07 Demurrer, Motion to Strike 905
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.07
Excerpt: ...this action against Defendant Jannki Mithaiwala (“Jannki”) on May 14, 2019. The operative pleading is the Second Amended Complaint (“SAC”) filed on November 15, 2019. The SAC asserts causes of action for (1) elder abuse (financial), (2) elder abuse (physical), (3) breach of contract – equity transfer agreement, (4) breach of contract – settlement agreement, and (5) accounting. The SAC alleges in pertinent part as follows. A. Investmen...
2020.02.07 Demurrer 283
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.07
Excerpt: ...nced this action against Defendants Allied World Assurance Company (U.S.) Inc. (“Allied”); Alterra America Insurance Company (“AAIC”); Endurance American Insurance Company (“EAIC”); Freedom Specialty Insurance Company (“FSIC”); RSUI Indemnity Company (“RSUI”); and Starr Indemnity & Liability Company (“Starr”) on November 7, 2018. The Complaint asserts causes of action for (1) breach of contract; (2) tortious breach of the ...
2020.02.07 Motion to Strike 753
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.07
Excerpt: ...ging causes of action for: (1) breach of warranty of habitability (contract); (2) breach of warranty of habitability (tort); (3) breach of covenant of quiet enjoyment (contract); (4) breach of covenant of quiet enjoyment (tort); (5) maintenance of nuisance; (6) negligence; and (7) breach of covenant of good faith and fair dealing. Plaintiff is a tenant of Defendant's property, located at 1131 ½ W. 85 th Street, Los Angeles, California 90014, und...
2020.02.05 Motion to Compel Deposition of PMQ 989
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.05
Excerpt: ...ndant All Access Equipment Rentals, Inc. (“All Access”) to produce its PMQ to testify regarding Vinculum Defendants' Category Nos. 1 - 5, and to produce documents responsive to Vinculum Defendants' Request Nos. 1 - 5. “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the...
2020.02.03 Motion to Compel Distribution 060
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.03
Excerpt: ...PA”); Madu Inc. (“Madu”); Elvira Buffoni (“Buffoni”); Gianni Vietina (“Gianni”); Nicola Vietina (“Nicola”); and Does 1-10 (collectively, “Defendants”). On January 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging direct and derivative causes of action for: (1) involuntary dissolution (direct); (2) breach of written contract (direct); (3) constructive trust (direct); (4) breach of fid...
2020.02.03 Demurrer 257
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.02.03
Excerpt: ...nni”) on July 3, 2019. The Complaint asserts causes of action for (1) breach of employment contract against Madu and SPA (collectively, “Corporate Defendants”), (2) retaliation – whistleblower protection against Corporate Defendants, (3) wrongful discharge in violation of public policy against Corporate Defendants, and (4) intentional infliction of emotional distress (“IIED”) against all Defendants. The Complaint alleges in pertinent ...
2020.01.31 Motion to Disqualify Attorney 047
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.31
Excerpt: ...each of oral contract, (2) quantum meruit, (3) declaratory relief, (4) breach of fiduciary duties, (5) fraudulent inducement, and (6) equitable accounting. The FAC alleges in pertinent part as follows. The parties entered into a general partnership in 2011. Pursuant to their partnership, the parties agreed that they would work together to buy, renovate, and sell real property and split the expenses and profit from those sales. Djie agreed to supp...
2020.01.31 Moion to Compel Arbitration 965
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.31
Excerpt: ...t in violation of Labor Code section 201.5, (2) willful failure to pay wages in violation of Labor Code section 203, and (3) failure to provide information on pay stubs in violation of Labor Code section 226. The Complaint alleges in pertinent part as follows. Defendant employed Plaintiff as a writer and executive producer of a mobile web series entitled Oishi: Demon Hunter (“Series”). In August 2017, the parties entered into a Writing and Ex...
2020.01.29 Motion for Terminating Sanctions 203
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.29
Excerpt: ...nversion, (4) deceit, (5) resulting trust, and (6) accounting. Suarez individually and as trustee of the Suarez Family Trust filed a Cross-Complaint against Munro and Vista Enterprise, Inc. (“Vista”) on May 13, 2019. The Cross-Complaint asserts causes of action for (1) breach of contract, (2) fraud and concealment, and (3) violation of Business and Professions Code section 7031. On November 6, 2019, the Court granted Suarez's motions to compe...
2020.01.29 Demurrer 706
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.29
Excerpt: ...efendants”) on June 12, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on August 13, 2019. The FAC asserts causes of action for (1) misclassification as independent contractor, (2) failure to pay wages when due and waiting time penalties, (3) failure to pay overtime compensation, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to provide accurate itemized statements, (7) impro...
2020.01.27 Motion to Compel Further Responses 320
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.27
Excerpt: ...ction against Defendants Vineyards Development, Inc. (“VDI”); Ryan Ogulnick (“Ogulnick”); VDB Santa Ana, LLC (“VDB”); and VDC at the Met, LLC (“VDC”) (collectively, “Defendants”) on May 9, 2014. The Complaint asserts causes of action for (1) breach of contract against VDI, VDB, and Ogulnick, (2) breach of contract against VDC, (3) intentional interference with contract against VDC, (4) negligent interference with prospective e...
2020.01.27 Motion to Consolidate 060
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.27
Excerpt: ..., Inc. dba Madeo Ristorante (“SPA”); Madu Inc. (“Madu”); Elvira Buffoni (“Buffoni”); Gianni Vietina (“Gianni”); and Nicola Vietina (“Nicola”) (collectively, “Defendants”). The Buyout FAC asserts causes of action for (1) involuntary dissolution, (2) breach of written contract, (3) constructive trust, (4) breach of fiduciary duty, (5) fraud, (6) breach of fiduciary duty, (7) accounting of SPA, and (8) accounting of Madu. The...
2020.01.24 Motion to Compel Arbitration 522
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.24
Excerpt: ...and failure to take all reasonable steps necessary to prevent discrimination and harassment), (2) battery and sexual battery, (3) wrongful discharge in violation of public policy, (4) negligent hiring, supervision, and/or retention, and (5) intentional infliction of emotional distress. In the Complaint, Plaintiff alleges that he worked in the kitchen area of Mastro's. Plaintiff alleges that, during his employment, Mastro's and its agents subjecte...
2020.01.22 Motion to Tax Costs 823
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.22
Excerpt: ...t both Defendants: (1) sexual battery; (2) Civil Code sections 51.7 and 52; (3) Civil Code sections 51.9 and 52; (4) battery; and (5) negligence. On September 13, 2019, the Court granted the DMV's motion for summary judgment. On September 19, 2019, the DMV served and filed its Memorandum of Costs (“MOC”). On September 27, 2019, the Court entered judgment in DMV's favor. LEGAL STANDARD Except as otherwise expressly provided by statute, a preva...
2020.01.22 Motion for Summary Judgment, Adjudication 860
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.22
Excerpt: ...(“Athj”), Juan Andrade (“Andrade”), HKBY LLC (“HKBY”), Ralphs Grocery Company (“Ralphs”), 3780 Wiltern Center LLC (“Wiltern”), City Valet Parking Systems (“CVPS”), Universal Protection Service (“Universal”), Realtyland Company, Inc., and Simon Security Services Patrol, Inc. (collectively, “Defendants”). The operative pleading is the First Amended Complaint (“FAC”) filed on August 28, 2018. The FAC asserts cause...
2020.01.15 Motion for Leave to Amend, to Expunge Lis Pendens 896
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.15
Excerpt: ...��PRH”), and NPI Beach Front Ventures, LLC (“NPI”) (collectively, “Defendants”) on November 14, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on April 3, 2019. The FAC alleges in pertinent part as follows. This action concerns real property located at 4000-4040 Palos Verdes Drive North, Rolling Hills Estates, California 90274 (“Property”). Kokubu, Sudo, Hamamoto, PRH, and JI (“Owners”) are the own...
2020.01.13 Motion to Compel Deposition, Mental Exam 439
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.13
Excerpt: ...nvention & Entertainment Center (“SMG”); and Hubert Moshay (“Moshay”) on May 31, 2018. The Complaint asserts causes of action for (1) sexual harassment in violation of FEHA, (2) sex discrimination in violation of FEHA, (3) race discrimination in violation of FEHA, (4) retaliation for opposing discrimination and harassment, (5) failure to prevent discrimination and harassment, (6) wrongful constructive discharge in violation of public poli...
2020.01.13 Motion for Summary Judgment 989
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.13
Excerpt: ...KBY LLC (“HKBY”), Ralphs Grocery Company (“Ralphs”), 3780 Wiltern Center LLC (“Wiltern”), City Valet Parking Systems (“CVPS”), and Universal Protection Service (“Universal”) (collectively, “Defendants”). The operative pleading is the First Amended Complaint (“FAC”) filed on August 28, 2018. The FAC asserts causes of action for (1) negligence, (2) premises liability, and (3) loss of consortium. Plaintiffs allege that a ...
2020.01.13 Motion for Summary Judgment 637
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.13
Excerpt: ...rce & Associates”) and Charles A. Pressman (“Pressman”) (collectively, “Defendants”) were added to this lawsuit pursuant to Doe Amendments filed on February 23, 2018. The operative pleading is the Fifth Amended Complaint (“FAC”) filed against Defendants on September 17, 2018. The FAC asserts a single cause of action for professional negligence. The FAC alleges in pertinent part as follows. In December 2007, Plaintiffs hired a contra...
2020.01.13 Demurrer 816
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.13
Excerpt: ...aws, (2) declaratory relief re: Labor Code section 226, and (3) declaratory relief re: correction of payroll records. The Complaint alleges in pertinent part as follows. On September 15, 2014, Gable became a GSL employee. As a GSL employee, Gable worked almost exclusively out of his home in Prescott, Arizona. GSL utilized the payroll and employment related services of Oasis Outsourcing, Inc. (“Oasis”). Oasis reported all of Gable's wages as h...
2020.01.10 Demurrer 001
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.10
Excerpt: ...icials Association (“CBOA”), and Robert Aguirre (“Aguirre”) on February 6, 2019. The operative pleading is the Second Amended Complaint (“SAC”) filed on May 17, 2019. The SAC asserts causes of action for (1) breach of contract against SGV, (2) defamation per se against Aguirre, (3) slander per se against Aguirre, and (4) declaratory relief against CBOA. The SAC alleges in pertinent part as follows. The CBOA is an organization that run...
2020.01.10 Motion to Compel Arbitration 458
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.10
Excerpt: ...l 10, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on July 26, 2019. The FAC asserts causes of action for (1) breach of agreement, (2) breach of the implied covenant of good faith and fair dealing, (3) negligent misrepresentation, (4) fraud, (5) breach of the express warranty under the CCC, (6) breach of implied warranty under the CCC, (7) breach of implied warranty under the Song-Beverly Act, (8) breach of the im...
2020.01.10 Demurrer, Motion to Strike 754
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.10
Excerpt: ...9. The operative pleading is the First Amended Complaint (“FAC”) filed on October 18, 2019. The FAC asserts causes of action for (1) breach of contract, (2) contractual breach of the implied covenant of good faith and fair dealing, (3) tortious breach of the implied covenant of good faith and fair dealing, and (4) fraud. The FAC alleges in pertinent part as follows. In or about February 2016, Plaintiff's home was destroyed by a fire. At the t...
2020.01.10 Motion to Tax Costs 439
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.10
Excerpt: ...laint asserts causes of action for (1) sexual harassment in violation of FEHA, (2) sex discrimination in violation of FEHA, (3) race discrimination in violation of FEHA, (4) retaliation for opposing discrimination and harassment, (5) failure to prevent discrimination and harassment, (6) wrongful constructive discharge in violation of public policy, (7) intentional infliction of emotional distress, (8) sexual assault and battery in violation of Ci...
2020.01.10 Motion to Approve Entry of Consent Judgment 347
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.10
Excerpt: ...oxic Enforcement Act of 1986 (also known as “Proposition 65”). Plaintiff alleges that Defendant manufactures, distributes, and sells plastic handheld tool products that contain Di [2-Ethylhexyl] Phthalate (“DEHP”), a chemical known to cause cancer and/or reproductive harm. Plaintiff alleges that Defendant has failed to comply with Proposition 65 by failing to provide consumers with clear and reasonable warnings that use of its products wi...
2020.01.08 Motion to Compel Arbitration 673
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.08
Excerpt: ...in violation of FEHA, (3) retaliation in violation of FEHA, (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA, (5) retaliation in violation of the CFRA, (6) failure to provide reasonable accommodations in violation of FEHA, (7) failure to engage in a good faith interactive process in violation of FEHA, (8) declaratory relief, (9) wrongful termination in violation of public policy, (10) failure to provide rest...
2020.01.08 Motion to Approve Referee's Determinations Re Allowance and Disallowance of Claims 128
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.08
Excerpt: ...��) commenced this action against Defendants Antoun Amsih Kalioundji and Ilham Amsih Kalioundji (collectively, “Defendants”) on January 15, 2016. The Complaint asserts causes of action for (1) winding up of partnership by receiver, (2) declaratory relief, (3) conversion, (4) breach of fiduciary duty, (5) imposition of a constructive trust, (6) injunctive relief, (7) an accounting, (8) breach of contract, (9) partition, and (10) fraud. In the ...
2020.01.08 Motion for Terminating Sanctions 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.08
Excerpt: ...LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”) (collectively, “Defendants”) on May 15, 2017. The operative pleading is the First Amended Complaint (“FAC”) filed on November 21, 2017. The FAC asserts causes of action for (1) fraud against Defendants, (2) negligent misrepresentation against Defendants, (3) aiding ...
2020.01.08 Motion for Summary Judgment, Adjudication 784
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.08
Excerpt: ...mpany (“Liberty”) and Ohio Security Insurance Company (“Ohio Security”) (collectively, “Defendants”) on March 20, 2017. The operative pleading is the First Amended Complaint (“FAC”) filed on June 29, 2017. The FAC asserts causes of action for (1) breach of the duty of good faith and fair dealing, (2) breach of contract, and (3) declaratory relief. The FAC alleges in pertinent part as follows. Plaintiff owned real properly located ...
2020.01.08 Demurrer 384
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.08
Excerpt: ...es of action for (1) breach of contract, (2) breach of warranty, (3) fraud, (4) negligence – premises liability, (5) negligence, (6) violation of the Unfair Competition Law (“UCL”) (Bus. & Prof. Code §§ 17200, et seq.), and (8) intentional infliction of emotional distress (“IIED”). The FAC alleges in pertinent part as follows. Defendant owns and leases a rear studio unit at 23137 Dolorosa Street, Woodland Hills, CA (“Premises”). O...
2020.01.06 Motion for Attorney's Fees 665
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ...ment, and (3) violation of the Consumer Legal Remedies Act. On April 30, 2018, parties' counsel represented to the Court that the parties reached a settlement and recited the terms of the settlement agreement in open court. The parties requested that the Court retain jurisdiction to enforce the terms of the settlement. LEGAL STANDARD A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If ...
2020.01.06 Demurrer 661
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ...d named Doe 1 as Glendale Community College District (“GCCD”) on April 15, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on August 15, 2019. The FAC asserts causes of action for (1) sexual harassment in violation of FEHA against all Defendants, (2) sex/gender discrimination in violation of FEHA against GCC and GCCD (“GCCD Defendants”), (3) failure to prevent harassment in violation of FEHA against GCCD Defe...
2020.01.06 Demurrer 772
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ...ly 8, 2019. The Complaint asserts causes of action for (1) breach of contract, (2) fraud in the inducement, (3) fraud – intentional misrepresentation, (4) fraud – false promise, (5) fraud – negligent misrepresentation, (6) conversion, and (7) unfair business practices. The Complaint alleges in pertinent part as follows. On October 9, 2015, after months of written negotiations, Plaintiff and Fatburger entered into an International Multi-Unit...
2020.01.06 Motion for Leave to File Amended Complaint 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ...MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”) (collectively, “Defendants”) on May 15, 2017. The operative pleading is the First Amended Complaint (“FAC”) filed on November 21, 2017. The FAC asserts causes of action for (1) fraud against Defendants, (2) negligent misrepresentation against Defenda...
2020.01.06 Motion for Summary Judgment 989
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ..., HKBY LLC (“HKBY”), Ralphs Grocery Company (“Ralphs”), 3780 Wiltern Center LLC (“Wiltern”), City Valet Parking Systems (“CVPS”), and Universal Protection Service (“Universal”) (collectively, “Defendants”). The operative pleading is the First Amended Complaint (“FAC”) filed on August 28, 2018. The FAC asserts causes of action for (1) negligence, (2) premises liability, and (3) loss of consortium. Plaintiffs allege that...
2020.01.06 Motion to Compel Compliance with Deposition Subpoena 304
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ...oftware developer for the transaction systems Gilbarco, Inc. (“Gilbarco”), (2) several banking institutions including Bank of America, N.A. (“BANA”), JPMorgan Chase Bank, N.A. (“Chase”), Citibank, N.A. (“Citibank”), Wells Fargo Bank, N.A. (“Wells Fargo”), U.S. Bank, N.A. (“US Bank”), East West Bank (“East West”), and San Diego County Credit Union (“SDCCU”) (collectively, “Banks”), (3) businesses that process cr...
2020.01.06 Motion to Compel Deposition, Increase Deposit 141
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.06
Excerpt: ...ixteen adjacent assessor's parcels (“Property”), located on the 8400 and 8500 blocks of South Vermont Avenue, for construction and operation of the Vermont and Manchester Transit Priority Joint Development Project. On January 3, 2020, the Court ruled pursuant to CCP section 1260.040 that Sasson Defendants[1] are not entitled to precondemnation or Klopping damages. MOTION TO COMPEL[2] Sasson Defendants move pursuant to CCP section 1987.1 to co...
2020.01.03 Motion to Compel Further Responses 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.03
Excerpt: ...RODUCTION OF DOCUMENTS, SET TWO BACKGROUND Plaintiffs EFD USA, Inc. (“EFD”) and Georgina Teran (“Teran”) commenced this action against Defendants Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”) (collective...
2020.01.03 Motion for Legal Issue Determination 141
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2020.01.03
Excerpt: ...sor's parcels (“Property”), located on the 8400 and 8500 blocks of South Vermont Avenue, for construction and operation of the Vermont and Manchester Transit Priority Joint Development Project. REQUEST FOR JUDICIAL NOTICE The County's requests for judicial notice are GRANTED. (Evid. Code § 452(d), (h).) OBJECTIONS Sasson Defendants'[1] objections to the Ellis and Gibson Declarations are OVERRULED. Sasson Defendants' objections to the Bergman...
2019.9.30 Demurrer, Motion to Strike 754
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.30
Excerpt: ... causes of action for (1) breach of contract, (2) contractual breach of the implied covenant of good faith and fair dealing, (3) tortious breach of the implied covenant and fair dealing, (4) bad faith, and (5) fraud. The Complaint alleges in pertinent part as follows. In or about February 2016, Plaintiff's home was destroyed by a fire. At the time of the incident, Plaintiff had a homeowner's fire insurance policy with State Farm. The policy's lia...
2019.9.30 Motion for Summary Judgment, Adjudication 479
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.30
Excerpt: ...eaning of Welfare and Institutions Code section 15610.23 due to injuries sustained in a vehicular accident. Plaintiff alleges that from October 6, 2015 to April 13, 2016, Defendants Los Angeles County dba LAC+USC Medical Center (“County”); Southern California Specialty Care, Inc. dba Kindred Hospital-San Gabriel Valley (“SCSC”); Baldwin Park Congregate Home, Inc. (“BPCH”); AHMC Greater El Monte Hospital, L.P. (“AHMC”); and Dianne ...
2019.9.30 Motion to Compel Arbitration 266 (2)
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.30
Excerpt: ...cy, (2) violation of Labor Code section 925, (3) retaliation in violation of Labor Code section 1102.5, and (4) declaratory relief. The Complaint alleges in pertinent part as follows. Plaintiff began working for Defendant in October 2013 as a server at its West Hollywood location. In Summer 2018, Defendant provided its employees with a document entitled “Employee Confidentiality, Non-Disclosure, Non-Solicitation, and Non-Disparagement Agreement...
2019.9.30 Motion to Compel Further Responses 929
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.30
Excerpt: ...��) (collectively, “Defendants”) on January 18, 2019. The Complaint asserts causes of action for (1) violation of Penal Code section 496(c), (2) declaratory relief, (3) conversion, (4) accounting, and (5) imposition of a constructive trust. The Complaint alleges in pertinent part as follows. Plaintiff is a company that specializes in the import/export, distribution, and servicing of food products such as seafood, fruits, and nuts. On June 16,...
2019.9.30 Motion to Transfer Venue 484
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.30
Excerpt: ...y Enterprises, Inc. (“Henley Enterprises”) to this action and asserts causes of action for (1) breach of express warranty under the Song-Beverly Act, (2) breach of implied warranty under the Song- Beverly Act, (3) negligent repair — property damage, and (4) unfair competition. The FAC alleges in pertinent part as follows. On December 30, 2016, Plaintiff took her vehicle to Defendants' Valvoline store for an oil change. Once Defendants purpo...
2019.9.27 Motion to Compel Compliance with Responses to Requests 929
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.27
Excerpt: ...dea, Inc. (“Kaldea”) (collectively, “Defendants”) on January 18, 2019. The Complaint asserts causes of action for (1) violation of Penal Code section 496(c), (2) declaratory relief, (3) conversion, (4) accounting, and (5) imposition of a constructive trust. The Complaint alleges in pertinent part as follows. Plaintiff is a company that specializes in the import/export, distribution, and servicing of food products such as seafood, fruits, ...
2019.9.27 Motion to Strike 212
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.27
Excerpt: ...00b00b300250048005000 00090003002400590048>don”); David Beitchman (“Beitchman”); and Beitchman & Zekian, a Professional Law Corporation (“Beitchman & Zekian”) (collectively, “Defendants”) on November 9, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on June 11, 2019. The FAC asserts causes of action for (1) professional malpractice; (2) breach of fiduciary duty; (3) professional negligence; (4) convers...
2019.9.27 Motion for Summary Judgment, Adjudication 439
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.27
Excerpt: ...��); and Hubert Moshay (“Moshay”) on May 31, 2018. The Complaint asserts causes of action for (1) sexual harassment in violation of FEHA, (2) sex discrimination in violation of FEHA, (3) race discrimination in violation of FEHA, (4) retaliation for opposing discrimination and harassment, (5) failure to prevent discrimination and harassment, (6) wrongful constructive discharge in violation of public policy, (7) intentional infliction of emotio...
2019.9.25 Motion for Leave to File Amended Complaint 699
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.25
Excerpt: ...rts causes of action under FEHA for (1) discrimination, (2) retaliation, and (3) failure to prevent harassment. The FAC alleges in pertinent part as follows. Plaintiff is an active member of the United States Air Force Reserves and a non-sworn officer for the Los Angeles World Airport (“LAWA”). Several times during 2017 and 2018, Plaintiff took military leave to participate in training and other missions. Plaintiff's supervisors informed her ...
2019.9.23 Motion to Set Aside Requirement for Deposition, for Terminating Sanctions 531
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.23
Excerpt: ...ion to Open Unlimited Civil Court File to Establish Jurisdiction over Uninsured/Underinsured Motorist Arbitration Matters pursuant to Insurance Code Section 11580.2(f) (“Petition”) against Respondent Jehan Zeb Mir (“Respondent”). Petitioner alleges that it issued an automobile insurance policy to Respondent which included uninsured/underinsured motorist coverage. Petitioner alleges that Respondent made a claim for uninsured/underinsured m...
2019.9.18 Motion for Summary Judgment 479
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.18
Excerpt: ...10.23 due to injuries sustained in a vehicular accident. Plaintiff alleges that from October 6, 2015 to April 13, 2016, Defendants Los Angeles County dba LAC+USC Medical Center (“County”); Southern California Specialty Care, Inc. dba Kindred Hospital-San Gabriel Valley (“SCSC”); Baldwin Park Congregate Home, Inc. (“BPCH”); AHMC Greater El Monte Hospital, L.P. (“AHMC”); and Dianne Wu, M.D. (“Wu”) negligently undertook his care ...
2019.9.18 Special Motion to Strike, Demurrer 395
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.18
Excerpt: ...h (“Djukich”) on March 21, 2019. Empire, OC Downtown Residential, LLC, and Third Street Investment Group, Inc. (collectively, “Plaintiffs”) filed the First Amended <0026000300440056005600 00560048005600030052[f action for (1) breach of contract, (2) breach of fiduciary duty, and (3) intentional interference with contractual relations. The FAC alleges in pertinent part as follows. B. Cross-Complaint Defendant and Cross-Complainant Djukich ...
2019.9.16 Motion to Quash Service of Summons and Complaint 127
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.16
Excerpt: ...int asserts causes of action for (1) violation of the Unruh Civil Rights Act, (2) wrongful eviction, (3) offering withdrawn rental units for rent within two years of withdrawal under the Ellis Act, (4) fraud, (5) negligent misrepresentation, and (6) financial elder abuse. LEGAL STANDARD A defendant may move to quash service of summons on or before the last day to plead in response to the complaint or within such further time as the court may allo...
2019.9.16 Motion for Entry of Judgment Pursuant to Settlement 562
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.16
Excerpt: ...��Defendants”) on November 6, 2017. The Complaint asserts causes of action for (1) breach of written contract, (2) account stated, (3) open book account, and (4) quantum meruit. <004f004800470003004400 00520049000300460052[nditional settlement of the entire case. On August 13, 2019, Plaintiff filed a status report representing that Defendants had failed to make a final lump payment to Plaintiff on or before August 1, 2019 and that, as a result,...
2019.9.13 Motion to Compel Further Responses 423
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.13
Excerpt: ...�Tseshkovsky”) (collectively, “Plaintiffs” or “Cross-Defendants”) filed a complaint against Our Church Building, Inc. (“Defendant” or “OCB”). On February 21, 2019, Plaintiffs filed the First Amended Complaint (“FAC”) against Defendant alleging causes of action for (1) specific performance by the Church against OCB, (2) declaratory relief by the Church against OCB, and (3) declaratory relief by Tseshkovsky against OCB. On Mar...
2019.9.13 Motion to Compel Arbitration 460
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.13
Excerpt: ...8. The Complaint asserts causes of action for (1) wrongful termination in violation of public policy, (2) maintenance of a hostile work environment in violation of FEHA, and (3) intentional infliction of emotional distress. The Complaint alleges in pertinent part as follows. Stavros employed Plaintiff, and Leon was Plaintiff's supervisor. Leon harassed Plaintiff and created a hostile work environment against Plaintiff because Plaintiff is a femal...
2019.9.13 Motion for Summary, Adjudication 823
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.13
Excerpt: ...The Complaint asserts five causes of action against both Defendants: (1) sexual battery; (2) Civil Code sections 51.7 and 52; (3) Civil Code sections 51.9 and 52; (4) battery; and (5) negligence. On September 4, 2019, Plaintiff dismissed her negligence cause of action against the DMV. The Complaint alleges in pertinent part as follows. <000300470055004c005900 00030048005b00440050[iner. On June 23, 2016, Plaintiff, a 21-year-old female, took her d...
2019.9.13 Motion for Summary Adjudication 374
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.13
Excerpt: ...ty”); and Shannon Bernal (“Bernal”) on July 15, 2016. Plaintiff has dismissed the action as to Dignity and Bernal. The operative pleading is the First Amended Complaint (“FAC”) filed on October 11, 2016. The FAC asserts the following causes of action against VEP: (1) defamation, (2) Health and Safety Code section 1278.5, (3) Business and Professions Code section 510, (4) Labor Code sections 98.6 and 1102.5, (5) adverse action in violati...
2019.9.11 Motion to Seal Medical Records 827
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.11
Excerpt: ...ervices, and Antem, Inc. for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) violation of Business and Professions Code section 17200 et seq. On October 13, 2015 Plaintiff filed the first amended complaint against Blue Cross of California and Anthem Blue Cross Life and Health Insurance Company for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) violation of Business...
2019.9.11 Motion to Enforce Subpoena 408
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.11
Excerpt: ... State of California, Department of Public Health, Office of Problem Gambling (“Office of Problem Gambling”) in an interpleader action and for declaratory relief. California Commerce Club asserts that Tommy Ngo executed a statewide lifetime self-exclusion request, with the State of California's Office of Problem Gambling, banning him from gambling activities in any casino in California. The lifetime exclusion request provides that unredeemed ...
2019.9.9 Demurrer, Motion for Leave to File Amended Complaint 034
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.9
Excerpt: ...) (collectively, “Plaintiffs”) commenced this action against Defendants Jose Cardenas (“Cardenas”), Lincoln Transportation Services, Inc. (“Lincoln”), STS Logistics Inc. (“STS”), and Greenline Express, Inc. (“Greenline”) (collectively, “Defendants”) on April 22, 2019. The Complaint asserts causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) violation of Busine...
2019.9.9 Motion to Compel Deposition of PMK 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.9
Excerpt: ...ts Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”) (collectively, “Defendants”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment and providing such equipment t...
2019.9.9 Motion to Compel Further Responses 373
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.9
Excerpt: ...25, 2018. The operative pleading is the First Amended Complaint (“FAC”) filed on February 5, 2019. The FAC asserts causes of action for (1) breach of contract, (2) negligence, and (3) fraudulent inducement. On April 8, 2019, the Court granted Plaintiff's oral motion to dismiss the FAC's second and third causes of action without prejudice. The FAC alleges in pertinent part as follows. Defendants Logistics and Unis are affiliated companies. On ...
2019.9.9 Motion to Quash Service of Summons and Complaint 873
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.9
Excerpt: ...efendants Geico Home Insurance (“Geico”), Homesite Home Insurance (“Homesite”), Tri-Tech Restoration (“Tri-Tech”), and Voge Inc. (“Voge”) on May 22, 2019. The Complaint asserts causes of action for negligence and fraud arising from allegedly negligent home reconstruction. On August 1, 2019, Plaintiffs filed a “Second Amendment to Complaint” without leave of court. LEGAL STANDARD A defendant may move to quash service of summons...
2019.9.6 Demurrer 283
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.6
Excerpt: ...ginal complaint against Defendants Allied World Assurance Company (U.S.) Inc. (“Allied”); Alterra America Insurance Company (“AAIC”); Endurance American Insurance Company (“Endurance”); Freedom Specialty Insurance Company (“Freedom”); RSUI Indemnity Company (“RSUI”); and Starr Indemnity & Liability Company (“Starr”) alleging causes of action for (1) breach of contract; (2) tortious breach of the implied covenant of good fa...
2019.9.6 Motion to Compel Arbitration 133
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.6
Excerpt: ...rom the action on July 16, 2019. The Complaint asserts causes of action for (1) sexual harassment and/or hostile work environment in violation of FEHA, (2) sex/gender discrimination in violation of FEHA, (3) retaliation in violation of FEHA, (4) whistleblower retaliation, (5) failure to prevent discrimination and harassment in violation of FEHA, (6) wrongful termination in violation of public policy, and (7) intentional infliction of emotional di...
2019.9.6 Motion to Compel Arbitration 206
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.6
Excerpt: ...ber 17, 2018. The Complaint asserts causes of action for (1) unpaid wages, (2) unpaid overtime, (3) unpaid waiting time penalties, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to furnish timely and accurate wage statements, (7) violation of Business and Professions Code section 17200, (8) termination in violation of public policy, (9) intentional infliction of emotional distress, (10) negligent infliction ...
2019.9.4 Demurrer 711
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.4
Excerpt: ...action for (1) breach of contract, (2) rescission, (3) breach of the covenant of good faith and fair dealing, and (4) fraud. The Complaint alleges in pertinent part as follows. Defendant Lee is the controlling shareholder of Defendant Boteco. Prior to February 21, 2018, Boteco was the owner of the Deli In Restaurant (“Restaurant”) located at 3456 ½ Wilshire Blvd, Los Angeles, California. The Restaurant was located in close proximity to the E...
2019.9.4 Motion to Compel Deposition 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.4
Excerpt: ...nts Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”) (collectively, “Defendants”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment and providing such equipment ...
2019.9.4 Motion to Compel Further Responses, to Quash Subpoenas Duces Tecum 306
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.4
Excerpt: ...aul Stepanek (“Stepanek”). On January 18, 2019, Plaintiffs Hall and Trevor Hall Touring, Inc. (“Hall Touring”) filed the First Amended Complaint (“FAC”) against Defendants Stepanek and Stepanek Management, Inc. (“Stepanek Management”) asserting causes of action for (1) conversion, (2) breach of fiduciary duty, (3) fraud, (4) declaratory relief, and (5) unjust enrichment. On May 16, 2017, Defendants filed a Cross-Complaint against ...
2019.9.4 Motion to Set Aside Dismissal, Enforce Settlement Agreement 206
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.9.4
Excerpt: ...(1) breach of contract, (2) quantum meruit, (3) open book account, and (4) account stated. <00560048004f0003005500 00480047000300570052[ the Court that the parties had reached a settlement. On June 20, 2018, Plaintiff filed a request for dismissal of the action without prejudice. Plaintiff's request for dismissal asked that the Court “retain jurisdiction pursuant to [CCP] section 664.6.” The clerk entered the dismissal on the same day. LEGAL ...

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