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Judge: Murphy, Daniel S x
2019.11.13 Motion to Compel Responses, Deposition, Compliance with Business Records Subpoena, to Amend Complaint 786
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.11.13
Excerpt: ...n (“Plaintiff”) commenced this action against Defendants Admission Masters Consulting Group, Inc. (“AMCG”) and Test (collectively, “Defendants”) on November 21, 2018. The Complaint asserts causes of action for (1) wrongful termination in violation of public policy, (2) wrongful termination in violation of Labor Code section 232.5, (3) wrongful termination in violation of Labor Code section 1102.5(b), (4) breach of contract, (5) failur...
2019.11.1 Demurrers 617
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.11.1
Excerpt: ...are Services, LLC (“Premier”), and State of California (“State”) (collectively, “Defendants”) on March 12, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on July 29, 2019. The FAC asserts causes of action for (1) negligence against Premier and (2) gross negligence against the County and State. The FAC alleges in pertinent part as follows. Gonzalez was the husband of Orsy E. Bojorquez (“Bojorquez”); H...
2019.11.1 Demurrers, Motions to Strike 206
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.11.1
Excerpt: ...�Bayaslyan”); ER Emergency Restoration dba Paul Davis Emergency Services of Glendale (“Paul Davis”); and the Western Surety Company (“Western”) on March 15, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on June 12, 2019. The FAC asserts causes of action for (1) breach of contract against Bayaslyan, (2) negligence against Bayaslyan, (3) negligence against Paul Davis, (4) nuisance against Bayaslyan and Paul...
2019.10.21 Motion to Quash Service of Summons, to Compel Arbitration 885
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.21
Excerpt: ...elopment on Melrose, Inc. (“Gemsag on Melrose”); Spavergnugen, Inc. (“Spavergnugen”); City Life Rehabilitation, Pilates & Fitness SPA (“City Life”);[1] and Buenamed Nursing, Inc. (“Buenamed”) have filed this action against Defendants Sina Akhtarzad (“Sina”); Michael Akhtarzad (“Michael”);[2] William Brennan (“William”); Tracy Brennan (“Tracy”); K360 T.O. Management LLC; K360 Studio City LLC; K360 Melrose Management...
2019.10.21 Demurrer 397
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.21
Excerpt: ...ers, LLC (“Greystar”); MCREF DT Los Angeles, LLC (“MCREF”); and LPF Canvas, Inc. (“LPF”) (collectively, “Defendants”) on July 3, 2019. The Complaint asserts causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of the warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) nuisance, (5) violation of the Unfair Competition Law (Bus. & Prof. Code § 17200), and (6) negligence. The ...
2019.10.18 Motion to Strike 968
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.18
Excerpt: ...s action, Plaintiffs have named Ashland Chemical, Inc.; Rust- Oleum Corp.; Nexeo Solutions, LLC; W.S. Dodge Oil Co., Inc.; and Sunnyside Corp. as Doe Defendants. The Complaint asserts causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. The Complaint alleges in pertinent part as follows Jose a...
2019.10.18 Demurrer, Motion to Strike 905
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.18
Excerpt: ...s action against Defendant Jannki Mithaiwala (“Jannki”) on May 14, 2019. The operative pleading is the First Amended Complaint (“FAC”) filed on August 6, 2019. The FAC asserts causes of action for (1) elder abuse (financial), (2) elder abuse (physical), (3) breach of contract, and (4) accounting. The first two causes of action are asserted by Ajit and the third and fourth causes of action asserted by Plaintiffs. The FAC alleges in pertine...
2019.10.18 Motion to Expunge Lis Pendens 896
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.18
Excerpt: ...tures, 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 ...
2019.10.18 Motion for Attorney's Fees 665
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.18
Excerpt: ...lment, 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...
2019.10.16 Motion to Bifurcate Action for Trial 479
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.16
Excerpt: ...on 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 (“Kindred”); Baldwin Park Congregate Home, Inc. (“BPCH”); AHMC Greater El Monte Hospital, L.P. (“AHMC”); and Dianne Wu, M.D. (“Wu”) negligently undertook ...
2019.10.16 Special Motion to Strike 840
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.16
Excerpt: ...��Defendants”) on July 15, 2019. The Complaint asserts one cause of action for violation of Health and Safety Code section 1278.5. The Complaint alleges in pertinent part as follows. Plaintiff is a physician and surgeon duly licensed to practice medicine in California since May 2000. Plaintiff is currently an Associate Professor in UCLA's Division of Maternal-Fetal Medicine, a senior member of the Department of Obstetrics and Gynecology (“Dep...
2019.10.16 Motion for Summary Judgment 564
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.16
Excerpt: ...his medical malpractice action against Defendant Los Angeles County Department of Health Services (“County”) on June 13, 2018. Plaintiff named Southern California Healthcare System Inc. dba Southern California Hospital at Culver City as Doe 1. The operative pleading is the First Amended Complaint (“FAC”) filed on October 15, <004a0044004c0051005600 00480049004800510047[ants: (1) elder abuse and (2) wrongful death. The Court granted the Co...
2019.10.16 Motion for Attorney's Fees 165
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.16
Excerpt: ... and (3) fraudulent inducement – concealment. On June 18, 2018, parties' counsel represented to the Court that the parties reached a settlement and recited the terms of the settlement agreement in open court. LEGAL STANDARD A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part...
2019.10.16 Demurrer 477
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.16
Excerpt: ...t asserts causes of action for (1) breach of written contract and (2) quantum meruit. Plaintiff alleges that the parties entered into a Tax Consulting Agreement (“Agreement”) pursuant to which Defendants authorized Plaintiff to identify and obtain tax benefits not claimed with the Internal Revenue Service (“IRS”) and the California Franchise Tax Board on behalf of Defendants. In exchange, Defendants agreed to pay Plaintiff 20%[1] of the t...
2019.10.11 Demurrer, Motion to Strike 257
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.11
Excerpt: ... Inc. (“Madu”); Security Pacific Associates, Inc. (“SPA”); Elvira Buffoni (“Buffoni”); Nicola Vietina (“Nicola”); and Gianni Vietina (“Gianni”) 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...
2019.10.11 Demurrer 344
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.11
Excerpt: ...s. Plaintiff and Defendant entered into a loan agreement (“Loan Agreement”) pursuant to which Plaintiff loaned Defendant $40,000. Under the terms of the Loan Agreement, Plaintiff agreed to provide Defendant with payments of $10,000 on August 16, October 10, November 10, and December 10, 2016. In exchange, Defendant agreed to repay Plaintiff a total of $40,444 by March 10, 2018. Despite Plaintiff's repeated requests, Defendant failed to pay th...
2019.10.9 Motion for Protective Order, to Compel Deposition 555
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.9
Excerpt: ...otle Grill”), and Frida Cuevas (“Cuevas”) (collectively, “Defendants”) on December 7, 2018. The Complaint asserts causes of action for (1) wrongful termination/adverse employment action in violation of public policy, (2) retaliation for whistleblowing under Labor Code section 1102.5, (3) negligent hiring and retention, (4) intentional infliction of emotional distress, and (5) violation of Business and Professions Code section 17200. The...
2019.10.9 Petition for Leave to File Late Claim 087
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.9
Excerpt: ...rt as follows. On October 25, 2018, Petitioner was involved in an automobile collision between a vehicle in which Petitioner was a passenger and a vehicle driven by Andre Nazarians (“Nazarians”). Nazarians' negligence was the cause of the accident, and the accident caused Plaintiff to suffer personal injuries. Petitioner did not file a claim with the County within the mandatory six-month statutory period set forth by the Government Claims Act...
2019.10.4 Petition to Compel Arbitration, Motion to Remove Mechanic's Lien 640
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.4
Excerpt: ...tive pleading is the First Amended Complaint (“FAC”) filed on July 19, 2019. The FAC asserts causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) breach of contract, (4) breach of the covenant of good faith and fair dealing, (5) negligence, (6) negligence per se, (7) breach of express warranties, (8) breach of implied warranties, (9) unjust enrichment, (10) account stated, (11) violation of Business and...
2019.10.2 Motion for Determination of Good Faith Settlement 479
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.2
Excerpt: ... 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 (“Kindred”); Baldwin Park Congregate Home, Inc. (“BPCH”); AHMC Greater El Monte Hospital, L.P. (“AHMC”); and Dianne Wu, M.D. (“Wu”) negligently unde...
2019.10.2 Motion for Monetary, Evidentiary, Issue, and Terminating Sanctions 727
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.10.2
Excerpt: ...mber 7, 2018. The Complaint asserts causes of action for (1) sex discrimination in violation of FEHA, (2) harassment in violation of FEHA, (3) retaliation for opposing harassment in violation of FEHA, and (4) failure to take all reasonable steps to prevent discrimination and harassment in violation of FEHA. In the Complaint, Plaintiff alleges that he was formerly employed by FECU for over ten years and that Vary was his immediate supervisor. Plai...
2019.1.30 Motion to Tax Costs 766
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.1.30
Excerpt: ...Inc.. Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, alleges that Mahvash, and other Cross-Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the business. In Neyaz Mazani's (“Neyaz”) cross-complaint, Neyaz alleges that Alonzo assaulted and stalked her. The action came on regularly for trial on May 7, 2018. On May 29, 2018, the Court ...
2019.1.30 Motion to Establish Protocol for Forensic Inspection 332
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.1.30
Excerpt: ...(“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and television production companies in Latin America. Defendants were brokers who helped Plaintiffs obtain ...
2019.1.30 Motion to Compel Further Responses 531
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.1.30
Excerpt: ...nvestments Company, Simon Neman and Neman Real Estate Investments, LLC (collectively, “Defendants”) related to a property located on East Pico Boulevard in Los Angeles. Plaintiffs allege seventeen causes of action arising out of the warranty of habitability, negligence, and various statutory violations in the third amended complaint (“TAC” filed 7/5/18). On October 10, 2018, the Court sustained Defendants' demurrer without leave to amend ...
2019.1.30 Motion for Attorney's Fees 822
Location: Los Angeles
Judge: Murphy, Daniel S
Hearing Date: 2019.1.30
Excerpt: ...nto on January 28, 2012. Plaintiffs allege that various defects and nonconformities manifested in the subject vehicle, and that Plaintiffs contacted Defendant to request that their vehicle be repurchased or replaced, but were informed that the vehicle did not qualify for repurchase or replacement under the Song-Beverly Act. Plaintiffs assert a cause of action for violation of the Song-Beverly Act. ANALYSIS Plaintiffs Jacinto Talamante and Victori...

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