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2021.09.24 Motion to Compel Depositions 233
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.09.24
Excerpt: ... DENIED. Defendant's request for sanctions is DENIED. Plaintiff's Motion to Compel Defendant's PMK for Topics 41‐44 and 81‐84 is GRANTED. The request for sanctions is DENIED. Plaintiff's Motion to Compel Deposition of Manuel Caesar and for Citation of Contempt is DENIED WITHOUT PREJUDICE. As explained below, the motion was not properly served. Defendant's Motion to Quash the Subpoena on Dr. Willett and Dr. Willett's Office Manager is DENIED. ...
2021.07.30 Demurrer 226
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.30
Excerpt: ... acting by, though, or in concert with TLA from all actual or potential claims, whether those claims were known or unknown. In exchange, Princeton Excess and Surplus Lines Insurance Company paid Campbell $45,000.00. Nevertheless, in 2017, Campbell filed suit against Cahuenga regarding the injuries. Cahuenga immediately tendered suit, who then sent it to their insurance. Princeton failed to respond to the suit, and Campbell took a default judgment...
2021.07.22 Motion to Confirm Settlement 486
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.22
Excerpt: ...on to confirm that settlement. Defendant provides a non-opposition. Legal Standard Lab. Code section 2699(l)(2) states, “The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” The court has discretion to approve any penalty amount, even $0.00. (See Nordstrom Commission Cases (2010) ...
2021.07.07 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.07
Excerpt: ...egligence and premises liability. On March 19, 2021, Defendants filed a demur and motion to strike against the Complaint. No opposition was filed. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pl...
2021.07.02 Motion to Tax Costs 285
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.02
Excerpt: ...”), QTC Management Inc. (“QTC”), August Smith (“Smith”), Norma Dandridge (“Dandridge”), Sheryl McGinnis (“McGinnis”), Andrea Kayahara (“Kayahara”), Laura Ochoa (“Ochoa”), and Patricia Dantzler (“Dantzler”). The operative Second Amended Complaint sets forth 16 causes of action as follows: (1) sex harassment under the Fair Employment and Housing Act ("FEHA") (Lei, QTC, Smith) ; (2) race, color, ancestry harassment unde...
2021.07.02 Motion to Quash Subpoena 620
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.02
Excerpt: ...i Property”). The other property is an undeveloped parcel of real property commonly referred to as 1765 Clear View Drive, Beverly Hills, California 90210 (the “Kadisha Property”). On January 14, 2020, Plaintiff Kadisha Family LLC filed a trespass action against Defendants Sanjay Khiani, as Trustee of the Sanjay Khiani and Reshma Khiani Revocable Living Trust; Reshma Khiani, as Trustee of the Sanjay Khiani and Reshma Khiani Revocable Living ...
2021.07.02 Demurrer, Motion to Strike 248
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.02
Excerpt: ... Isabella Parkway, Apt. 201, Santa Clarita, owned by Defendant. Defendant allegedly maintained the subject property in an unsanitary, uninhabitable and unsafe manner, including allowing a pervasive vermin infestation. Despite Plaintiffs' complaints about the issues, Defendants responded ineffectively or not at all. The Complaint alleges seven causes of action: (1) Tortious Breach of Warranty of Habitability; (2) Breach of Covenant of Quiet Enjoym...
2021.07.01 Motion to Enforce Settlement 340
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.01
Excerpt: ...On March 22, 2021, Plaintiff filed the instant motion to enforce the settlement per CCP § 664.6. No opposition was filed. Legal Standard Pursuant to CCP section 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If reque...
2021.07.01 Demurrer, Motion to Strike 622
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.07.01
Excerpt: ... Kern, Timothy Garrow, 21917 Main LLC, Eden Hill Mission, and Star Estate Corp. The Complaint arises out of several underlying suits regarding Eden Hill, including Kern v. Kim (BC708515), Kern v. Park (BC651029), and Oropeza v. Kern (BC660170). The Complaint alleges that Defendants accrued $40,314.35 of unpaid legal fees to the Maloney Firm in the underlying matters. The Complaint alleges four causes of action for breach of contract, account stat...
2021.06.29 Demurrer 168
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.29
Excerpt: ...ntiff alleges Defendant breached a retainer agreement by failing to pay all legal fees owed. The operative First Amended Complaint alleges four causes of action for breach of contract and common counts. On January 20, 2021, Defendant filed a demurrer to the FAC. Plaintiff opposes. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurr...
2021.06.28 Special Motion to Strike 282
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.28
Excerpt: ...hat he is a pedophile, racist, physically abusive to women, and a threat to children. Plaintiff explains that a primary reason Defendants began spreading these falsehoods was that they were upset that Plaintiff complained about excessive dog barking in the community and challenging their failures to take appropriate action in that regard while serving as Homeowners Association (“HOA”) Board Members. Plaintiff alleges that his reputation in th...
2021.06.25 Motion to Vacate Default Judgment 071
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.25
Excerpt: ...d $250,000.00, each at certain interest rates. The Complaint alleges 28 causes of action for breach of the various loan agreements and promissory notes, breach of the covenants of good faith and fair dealing, larceny, money had and received, fraud, conversion, and unjust enrichment. Default was entered against Defendants in July 2020. On December 17, 2020, the Court entered default judgment against all Defendants for $697,000.00 in damages, $310,...
2021.06.24 Demurrer, Motion to Strike 542
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.24
Excerpt: ...(“LMIG”), Liberty Mutual Insurance Company (“LMIC”), Appleby & Sterling Inc. (“Appleby”), Ohio Casualty Insurance Company (“OCIC”), Bizguard Plus (“Bizguard”), Amguard Insurance Company (“AIC”), Wheatman Insurance Agency (“Wheatman”), Berkshire Hathaway Guard Insurance Companies (“Berkshire”), Frankin Insurance Adjusters Inc. (“FIA”), ANM Construction and Environmental Services (“ANM”), Patricia Bobbs (“B...
2021.06.23 Motion for Summary Judgment 090
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.23
Excerpt: ...s on the odometer and accompanied by the manufacturer's warranty. The subject vehicle had serious Engine, Transmission, and Oil Leak defects, which would cause the VEHICLE to be out of service throughout 2018. Plaintiff presented the vehicle to Defendant's authorized repair facilities for certain engine and oil issues at least five times. The Complaint alleges two causes of action under the Song Beverly Consumer Warranty Act for breaches of expre...
2021.06.21 Motion for Trial Continuance 226
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.21
Excerpt: ...htclub owner—Tokio Los Angeles, LLC dba Couture Nightclub (“TLA”) and all persons acting by, through, or in concert with TLA from any and all actual or potential claims, whether those claims were known or unknown. In exchange, Princeton paid Campbell $45,000.00. Nevertheless, in 2017, Campbell filed suit against Cahuenga regarding the injuries. Cahuenga immediately tendred suit, who then sent it to their insurance. Princeton failed to respo...
2021.06.21 Motion for Summary Judgment 628
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.21
Excerpt: ...iff filed the instant action against Defendants Yie-Ming Hong, Eric M. Chwa, Jennifer Long, Xurui Wang, Shu Jun Zhang, Olympus Escrow Corp., East West Bank, and IBIS Financial Corp., Inc. as parties potentially claiming an interest in the Funds. The only defendants left litigating their respective claims to the funds interplead by CTBC are Hong and Chwa on one hand, and Zhang on the other. On March 4, 2021, Hong and Chwa (“MP”) filed the inst...
2021.06.21 Demurrer 705
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.21
Excerpt: ...pposition was submitted. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests t...
2021.06.18 Motion for Summary Judgment 214
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.18
Excerpt: ... of Property Taxes Paid. This action arises from a dispute regarding the property tax assessment of the Villa Marina Marketplace, a shopping center located in the Marina del Rey area of Los Angeles, California. The parties present the issue of whether Plaintiffs RAR2 Villa Marina Center CA SPE, Inc., RAR2-Villa Marina Center CA, LLC, and Villa Marina Company, LLC's (“Plaintiffs”) request to withdraw their appeal of that assessment to the Asse...
2021.06.17 Motion to Compel IME 292
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.17
Excerpt: ...The operative First Amended Complaint alleges thirteen causes of action for: 1) Breach of Common Law Duty of Care; 2. Breach of the Warranty of Habitability; 3. Violation of Cal. Civ. Code § 1942.4; 4. Violation of Cal. Civ. Code § 1940.2; 5. Breach of the Common Law Implied Covenant of Quiet Enjoyment; 6. Violation of Cal. Civ. Code § 1714; 7. Intentional Infliction of Emotional Distress; 8. Nuisance; 9. Breach of the Implied Covenant of Good...
2021.06.17 Motion for Summary Judgment, Adjudication 711
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.17
Excerpt: ...ing; The Bank of New York Mellon fka The Bank of New York as Trustees for the CWABS Asset-Backed Certificates Trust 2006- QH1 Mortgage PassThrough Certificates, Series 2006 QH1 on October 24, 2017. The operative First Amended Complaint alleged causes of action for 1) violations of Civ. Code; 2) violations of Bus. & Prof. Code § 17200; 3) declaratory relief; and 4) injunction; 5) setting aside sale; and 6) cancellation of deed. On April 2, 2021, ...
2021.06.17 Demurrer, Motion to Strike 706
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.17
Excerpt: ...ses and that it caused stress induced seizures. Fishback harassed and discriminated against her based on her disability, and with such an intensity that she was constructively terminated. The FAC alleges six causes of action for discrimination, harassment, constructive discharge in violation of public policy, failure to prevent discrimination and harassment, failure to provide rest periods and meal periods, and failure to pay all wages due includ...
2021.06.15 Motion to Compel Arbitration 218
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.15
Excerpt: ...ach of contract; 2) negligence; 3) fraud; and 4) negligent misrepresentation. Plaintiffs are the current owners of the subject residential real property located at 3800 Domal Lane, La Canada, California (the “Property”). On June 27, 2017, Jaybell, as the original owner/seller, entered into a residential purchase agreement (the “Agreement”) with Plaintiffs for the sale of the property. After the close of escrow, the Plaintiffs moved in, an...
2021.06.15 Motion for Leave to File FAC 456
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.15
Excerpt: ...2940(n)]; (4) Failure To Prevent Discrimination And Retaliation [Gov. Code, §12940 (j) & (k)]; (5) Retaliation [Gov. Code, § 12940(h)]; (6) Intentional Infliction of Emotional Distress; (7) Wrongful Termination In Violation Of Public Policy [Gov. Code, §12940(a) and Labor Code, §§ 132a and 3202, et seq.]; (8) Unpaid Wages, Including Overtime [Labor Code, §§ 510, 1194, 1198; IWC Wage Order No. 4-2001]; (9) Failure to Provide Meal Breaks [La...
2021.06.14 Demurrer 802
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.14
Excerpt: ...ir Gallery Director from 2006 to 2020. In 2020, Plaintiffs discovered that Defendant defrauding them out of thousands of dollars' worth of business between 2018 and 2019 by brokering art transactions off the Gallery's books, then keeping commissions for herself. The Complaint alleges six causes of action for: (1) Breach of Contract; (2) Fraud; (3) Interference with Prospective Economic Advantage; (4) Intentional Interference with Contractual Rela...
2021.06.14 Motion for Stay 166
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.14
Excerpt: ...lies here and this later filed action should be abated. Plaintiffs oppose. Request for Judicial Notice Defendant's request for judicial notice is GRANTED as requested. (Evid. Code § 452(d).) Evidentiary Objections Plaintiffs' objections are OVERRULED. Defendant's objection is OVERRULED. Discussion Defendant argues that trial in this case should be stayed on two independent grounds. First, that the bankruptcy stay applicable to 110 West applies h...
2021.06.14 Motion to Maintain Stay 833
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.14
Excerpt: ...tion of OrthoLa's former sales representatives. The Complaint The Complaint alleges seven causes of action for: 1) Intentional Interference with Contractual Relationships; 2) Intentional Interference with Prospective Economic Advantage; 3) Negligent Interference with Prospective Economic Advantage; 4) Unfair Competition; 5) Breach of Continuing Income Agreement; 6) Breach of Covenant of Good Faith and Fair Dealing; and 7) Declaratory Relief. The ...
2021.06.14 Motion to Tax Costs 094
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.14
Excerpt: ...ght or continued litigating the action without an objective basis for believing it had potential merit.” (Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4th 97, 99–100.) “[T]he term “meritless” is to be understood as meaning groundless or without foundation, rather than simply that the plaintiff has ultimately lost his case…In applying these criteria, it is important that a [trial] court resist the understandable tem...
2021.06.11 Motion to Quash Subpoena for Production of Business Records 802
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.11
Excerpt: ...actions off the Gallery's books, then keeping commissions for herself. The operative complaint states six causes of action for breach of oral contract, fraud, interference with economic advantage and contractual relations, defamation, and unjust enrichment. On May 6, 2021, Defendant moved to quash a subpoena for production of business records to third-party Pacific Western Bank on the grounds that the subpoena was defective and overbroad. Plainti...
2021.06.11 Demurrer 404
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.11
Excerpt: ... Breach of Contract; Breach of Contract; Implied Covenant of Good Faith and Fair Dealing; and Accounting. This case arises out of the creation of the Judge Judy television program (Judge Judy, or “the Show”), and the subsequent sale and repurchase of its back-episode catalog (the “Library”). In 1995, Richard Lawrence (“Lawrence”), then a talent agent and owner at Abrams, Rubaloff & Lawrence (“ARL”) discovered Sheindlin and pitched...
2021.06.10 Motion to Enforce Settlement 340
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.10
Excerpt: ...On December 20, 2016, Plaintiff filed a dismissal with prejudice. On March 22, 2021, Plaintiff filed the instant motion to enforce the settlement per CCP § 664.6. No opposition was filed. Legal Standard Pursuant to CCP section 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, ma...
2021.06.10 Demurrer, Motion to Strike 766
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.10
Excerpt: ...ianhui Hua Huang, Jianhui Huang, and Extreme Pictures. The Complaint alleges the defendants fraudulently induced Weying to pay over $6 million to purchase what it was led to believe was 100% of the derivative rights to the action film franchise xXx, when they only had a 50% interest. The Complaint alleges six causes of action for fraud, breach of fiduciary duty, conversion, breach of contract, declaratory relief, and accounting. On December 14, 2...
2021.06.09 Motion for Summary Adjudication 780
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.06.09
Excerpt: ...��) and Duke Bakery Inc. (“Duke”). Plaintiff seeks to recover a loan to Duke by himself and as the authorized attorney-in-fact for other individual lenders who loaned monies to Duke. Plaintiff alleges they loaned the money to Duke based on certain misrepresentations made by Duke's CEO, Hong. The operative First Amended Complaint (“FAC”) states five causes of action for intentional misrepresentation, negligent misrepresentation, breach of ...
2021.05.27 Motion to Quash 897
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.27
Excerpt: ...ices Corporation, Pacific Eagle Holdings Corporation, Pacific Eagle GP Corporation, Pacific 1125 Market Corporation, Pacific Eaton Holdings Limited, and Katherine Lo. The Complaint states twelve causes of action, including discrimination, retaliation, and other related claims. On May 3, 2021, LHGL moves to quash service for lack of personal jurisdiction. Plaintiffs oppose. Legal Standard Pursuant to CCP section 418.10(a)(1), a defendant may move ...
2021.05.27 Motion for Summary Judgment 075
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.27
Excerpt: ...rs old. Plaintiff alleges that beginning in March 2017, Plaintiff was regularly volunteering to assist younger students with their studies at her younger sister's elementary school, Normandy Avenue Elementary School (the “School”). LACC enrolled Davis into a program that provided job training for at-risk young adults in September 2017 as a trainee, apparently working with children in an after-school program. Davis began to show an interest in...
2021.05.27 Motion for Leave to File FAC 761
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.27
Excerpt: ...ntiff owns real property at 1971 De Mille Dr., Los Angeles 90027. Juel and the Bergougnouxes own properties on Franklin Avenue in Los Angeles, bordering Plaintiff's property on the south. Plaintiff claims a right of way easement for direct vehicular access from Plaintiff's property to Franklin Avenue, and the sole access to the garages on Plaintiff's property (before they were destroyed by landslides). The Complaint states three causes of action ...
2021.05.25 Demurrer, Motion to Strike 456
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.25
Excerpt: ...strike against the Complaint. Plaintiff opposes. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, ...
2021.05.24 Demurrer 877
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.24
Excerpt: ...the premises during negotiations. The Complaint states five causes of action including fraud, a violation of Bus. & Prof. Code § 17200, and unjust enrichment. On December 10, 2020, Defendants filed a demurrer to the Complaint. Plaintiff opposes. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations li...
2021.05.21 Special Motion to Strike 445
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.21
Excerpt: ...'s investor in his investment firm, Pi Capital Inc., accused him and Defendants (other officers of Pi) of wrongdoing, leading to investment losses. The investor assigned his claims to Greenfield LLC. Greenfield filed suit in 2014 for fraud against the parties here. Defendants initially agreed to cooperate in presenting a joint defense in the underlying litigation. However, defendants fired their trial counsel shortly before trial, settled with th...
2021.05.21 Demurrer 328
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.21
Excerpt: ... action against her former employers/supervisors Defendants Elevation Health Partners, Elevation Point 2 Inc., Elevation Health Partners Foundation (collectively “Elevation”), Natalie Martin, and Deena Pourshaban. The operative Second Amended Complaint (“SAC”) states seventeen causes of action for: 1) discrimination; 2) hostile work environment harassment; 3) retaliation; 4) failure to accommodate; 5) failure to engage in the interactive ...
2021.05.20 Motion for Leave to File FAC 019
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.20
Excerpt: ...ming Elixir Rx Options, LLC and Rx Options, LLC. The Complaint alleges that Defendants terminated Plaintiffs from their pharmacy network after gaining access to Plaintiffs' books. They did so to facilitate the misappropriation of Plaintiffs' book of business and divert such business to Defendants' affiliated entities. The operative Complaint allege four causes of action for: (1) Breach of Written Contract; (2) Intentional Interference with Prospe...
2021.05.17 Motion to Compel Arbitration 316
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.17
Excerpt: ...18. Plaintiff and Defendants entered into two separate agreements where Defendants would renovate certain aspects of the property by certain times. Plaintiff alleges delays with the renovation and substandard work that required repairs. The Complaint states six causes of action for: 1) breach of contract; 2) breach of contract; 3) breach of covenant of good faith and fair dealing; 4) negligence; 5) violation of B&P Code § 7026, 7028, and 7031; a...
2021.05.11 Motion to Maintain Stay 883
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.11
Excerpt: ...ion of OrthoLa's former sales representatives. The Complaint The Complaint alleges seven causes of action for: 1) Intentional Interference with Contractual Relationships; 2) Intentional Interference with Prospective Economic Advantage; 3) Negligent Interference with Prospective Economic Advantage; 4) Unfair Competition; 5) Breach of Continuing Income Agreement; 6) Breach of Covenant of Good Faith and Fair Dealing; and 7) Declaratory Relief. The o...
2021.05.06 Motion to Quash Subpoenas 559
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.06
Excerpt: ... hired by Defendant on January 15, 2019. During her employment, Plaintiff alleges she was subjected to sexually demeaning and explicit comments and other harassing conduct by Jacobo and Nunez, including assault and battery. The Complaint states ten causes of action for: 1. Sex Discrimination (Gov't Code § 12940(a)), 2. Sexual Harassment (Gov't Code § 12940(j)), 3. Retaliation (Gov't Code § 12940(h)), 4. Failure to Take All Reasonable Steps Nec...
2021.05.04 Motion for Attorney Fees 528
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.04
Excerpt: ...es, requesting a total of $183,457.98 in fees and expenses. On April 21, 2021, Defendants filed an opposition. On April 26, 2021, Plaintiff filed a reply. Legal Standard With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties.¿(CCP § 1021.) The ...
2021.05.04 Demurrer 197
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.04
Excerpt: ...dants. During the warranty period, the Vehicle contained or developed defects, including certain transmission defects. Plaintiffs also allege that Defendants knew of and concealed the defect from the general public and Plaintiffs. The Complaint states seven causes of action for: 1) breach of express warranty – violation of Song Beverly Act; 2) breach of implied warranty – violation of Song Beverly Act; 3) violation of Song Beverly Act section...
2021.05.03 Motion to Strike 094 (2)
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.03
Excerpt: ...ty; 2) discrimination, harassment and retaliation on the basis of age; 3) discrimination, harassment, and retaliation on the basis of taking FMLA leave; 4) failure to provide reasonable accommodation; 5) failure to engage in the interactive process; 6) failure to prevent discrimination, harassment, and retaliation; 7) breach of express oral contract not to terminate without good cause; 8) breach of implied-in-fact contract not to terminate employ...
2021.05.03 Demurrer 837
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.05.03
Excerpt: .... Prior to being discharged, Plaintiff was inpatient at the Hospital. As a result, Plaintiff hired Defendants to represent her and pursue claims against the Hospital. On May 7, 2019, Defendants filed suit on behalf of Plaintiff against the Hospital (case no. 19STCV15911). On July 11, 2019, the Hospital answered, asserting several affirmative defenses including a Statute of Limitations defense. Defendants would withdraw from representation in Sept...
2021.04.30 Motion for Summary Judgment, Adjudication 605
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.30
Excerpt: ...uested an intermittent leave of absence from November 2, 2016 to March 2, 2017. On June 14, 2017, Plaintiff had a major auto accident, necessitating a leave of absence. Due to this leave of absence, Defendants retaliated by placing her on a six-month performance improvement plan (“PIP”). During this absence, she experienced exacerbated symptoms of her bipolar disorder. Plaintiff's psychiatrist placed off work and gave her further working limi...
2021.04.29 Motion to Compel Deposition 292
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.29
Excerpt: ...t alleges thirteen causes of action for: 1) Breach of Common Law Duty of Care; 2. Breach of the Warranty of Habitability; 3. Violation of Cal. Civ. Code § 1942.4; 4. Violation of Cal. Civ. Code § 1940.2; 5. Breach of the Common Law Implied Covenant of Quiet Enjoyment; 6. Violation of Cal. Civ. Code § 1714; 7. Intentional Infliction of Emotional Distress; 8. Nuisance; 9. Breach of the Implied Covenant of Good Faith and Fair Dealing ;10. Violati...
2021.04.28 Motion for Monetary Sanctions 821
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.28
Excerpt: ...) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) fraud-concealment, 4) fraud- intentional misrepresentation, and 5) negligent misrepresentation. PLE maintains a cross-complaint against HTLA for breach of contract. On March 5, 2021, the Court granted Defendant's Motion to Compel Production of certain records with a production due date of the records by March 22, 2021. The Court also struck HTL's complaint ...
2021.04.27 Motion to Quash 233
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.27
Excerpt: ...alleges nine causes of action for: 1. Health and Safety Code Section 1278.5; 2. Violation of Labor Code Section 98.6 and 1102.5 (Whistleblowing); 3. Violation of Labor Code § 6310; 4. Recovery of Civil Penalties pursuant to the Cal/OSHA (Labor Code § 6427 et. seq.); 5. Discrimination; 6. Hostile Work Environment; 7. Retaliation in violation of Government Code § 12940(h); 8. Failure to Take All Reasonable Steps Necessary to Prevent Discriminati...
2021.04.27 Demurrer, Motion to Strike 189
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.27
Excerpt: ...reach of contract; 2) breach of contract; 3) breach of partnership agreement; 4) breach of fiduciary duty; 5) conversion; and 6) accounting. On July 10, 2020, AM, Render Lit, and Eytan filed a cross-complaint against Hoffman, Corrente LLC, and Olive Juice Media LLC. Cross-Complainants allege that the prior litigation concerned certain insiders that looted Render Media. Specifically, Individual 1, a high-level officer/director, secretly diverted R...
2021.04.26 Motion for Pretrial Discovery 209
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.26
Excerpt: ...rchased multiple plots of interment property at Defendants' cemetery in 1995. Mariam and Plaintiffs planned to be buried next to one another and purchased their respective interment properties adjacent to each other for that specific purpose. Mariam died in 2003 and was buried pursuant to her agreement. In 2017, Karapet visited his mother's burial site and found that his own plot next to Mariam's was occupied in violation of their agreement, with...
2021.04.26 Demurrer, Motion to Strike 207
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.26
Excerpt: ...nd United Medical Imaging Healthcare Inc. The operative Second Amended Complaint (“SAC”) alleges Defendants left Plaintiff unattended in an MRI machine for an extended period on May 18, 2017, causing her emotional distress. The SAC states four causes of action for: 1) Negligence; 2) Negligent Hiring and Supervision; 3) Premises Liability; and 4) violation of Bus. & Prof. Code § 17200. On November 13, 2020, Defendants filed a demurrer to the ...
2021.04.23 Demurrer 292
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.23
Excerpt: ...Complaint alleges thirteen causes of action for: 1) Breach of Common Law Duty of Care; 2. Breach of the Warranty of Habitability; 3. Violation of Cal. Civ. Code § 1942.4; 4. Violation of Cal. Civ. Code § 1940.2; 5. Breach of the Common Law Implied Covenant of Quiet Enjoyment; 6. Violation of Cal. Civ. Code § 1714; 7. Intentional Infliction of Emotional Distress; 8. Nuisance; 9. Breach of the Implied Covenant of Good Faith and Fair Dealing ;10....
2021.04.22 Demurrer 710
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.22
Excerpt: ...ended Complaint (“FAC”) states three causes of action for breach of contract; open book account; and account stated. The FAC alleges that Defendant retained Plaintiff to represent the interest of Defendant in a family law matter on December 6, 2011. As of March 2019, Defendant owes $114,089.76 to Plaintiff based on legal services rendered. On March 13, 2020, Djahanbani filed a cross-complaint against S&A. The operative First Amended Cross-Com...
2021.04.21 Demurrer 746
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.21
Excerpt: ...tation; 3) Fraudulent Concealment/Non-Disclosure; 4) Intentional Misrepresentation; and 5) Fraud. The SAC alleges that in May 2015, LGB purchased 16,000 yards of fabric with a black and white design, designated as Style No. 131011 (the “Design”) from Defendants to use for swim ware. Prior to the purchase, Defendants, specifically Katz, repeatedly stated that Caravan had full rights and authority to sell the Design. Despite Defendants' repeate...
2021.04.20 Motion to Reopen Discovery 094
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.20
Excerpt: ...ained and withheld partnership records and misappropriated funds owed to Plaintiff from the Partnership. The Complaint alleges 14 causes of action for: 1) Dissolution of partnership; 2) accounting; 3) conversion; 4) breach of partnership agreement; 5) breach of fiduciary duty; 5) unjust enrichment; 7) violation of Corp. Code §§ 16401 et seq.; 8) negligence; 9) fraud; 10) declaratory relief; 11) injunctive relief; 12) conversion; 13) negligent i...
2021.04.16 Motion to Compel Arbitration 268
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.16
Excerpt: ...contract; 2) claim on mechanics lien release bond; 3) accounts stated; 4) open book account; and 5) reasonable value of materials furnished. The Complaint alleges Plaintiff and MWP1 entered into a written Contract by which Plaintiff agreed to furnish labor equipment materials and services for construction of the plumbing scope of work for a project. MWP1 breached by unilaterally terminating the Contract without cause and without following the con...
2021.04.16 Demurrer 285
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.16
Excerpt: ...”), Laura Ochoa (“Ochoa”), and Patricia Dantzler (“Dantzler”). The operative Second Amended Complaint sets forth 16 causes of action as follows: (1) sex harassment under the Fair Employment and Housing Act ("FEHA") (Lei, QTC, Smith) ; (2) race, color, ancestry harassment under the FEHA (Leidos, QTC, Smith); (3) race, color, ancestry, sex, and disability discrimination under the FEHA (Leidos, QTC); (4) retaliation under the FEHA (Leidos,...
2021.04.15 Demurrer 326
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.15
Excerpt: ...gligent interference with prospective economic relations; 5) breach of fiduciary duty; 6) negligence; 7) extortion; and 8) violation of Bus. & Prof. Code section 17200. The FAC alleges that Premier is a physician owned and operated company in the business of managing Emergency Medicine departments at certain contract hospitals, including Victor Valley Global Medical Center (“Victor Valley”), Palo Verde Hospital (“Palo Verde”), Chapman Glo...
2021.04.14 Demurrer 620
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.14
Excerpt: ...joining real properties. The encroaching property is commonly referred to as 1751 Clear View Drive, Beverly Hills, California 90210 (the “Khiani Property”). The other property is an undeveloped parcel of real property commonly referred to as 1765 Clear View Drive, Beverly Hills, California 90210 (the “Kadisha Property”). On January 14, 2020, Plaintiff Kadisha Family LLC filed the instant trespass action against Defendants Sanjay Khiani, a...
2021.04.13 Demurrer, Motion to Strike 525
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.13
Excerpt: ...by”), and Sitting Pretty Incorporated (“Sitting Pretty”) (collectively “Plaintiffs”) filed the instant bad faith insurance suit against Defendants Liberty Mutual Insurance Group (“LMIG”), Liberty Mutual Insurance Company (“LMIC”), Appleby & Sterling Inc. (“Appleby”), Ohio Casualty Insurance Company (“OCIC”), Bizguard Plus (“Bizguard”), Amguard Insurance Company (“AIC”), Wheatman Insurance Agency (“Wheatman”),...
2021.04.09 Motion for Summary Judgment 026
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.09
Excerpt: ...tress. On October 30, 2019, Defendant filed an answer. On December 22, 2020, Defendant filed a motion for summary judgment. Plaintiff opposes. Summary Judgment Standard A party may move for summary adjudication as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty if that party contends that there is no merit to the cause of action, defense, or claim for damages, or if the party contends that there is no ...
2021.04.07 Motion for Summary Judgment 251
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.07
Excerpt: ...s of action for legal malpractice and breach of fiduciary duty. On January 20, 2021, Defendants filed a motion for summary judgment/adjudication against the Complaint. On March 25, 2021, Plaintiffs filed an opposition. On April 1, 2021, Defendants filed a reply. Summary Judgment Standard A party may move for summary adjudication as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty if that party contends ...
2021.04.06 Motion to Compel Compliance 189
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.06
Excerpt: ...ch arbitrage business (“SAB”) Hoffman and Elbaz formed and operated together that monetized queries submitted to internet search engines such as Google and Yahoo. Plaintiff alleges the pair agreed that Hoffman would wholly manage the Yahoo search feed (the “Yahoo feed”). In exchange, Hoffman would receive 80% of the net profits generated from the Yahoo feed's operation. Render Media, a media company co-founded by Elbaz, would operate as a...
2021.04.06 Demurrer 861
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.06
Excerpt: ... Esq. (“Haan”); Moon &Dorsett, Pc (“M&D”); and Dana M. Dorsett (“Dorsett”). The operative First Amended Complaint alleges that Defendants improperly retained the full statutory award of attorneys' fees in violation of the parties' fee arrangement in an underlying employment suit. Further, Plaintiff alleges that Defendants breached the rules of Professional Conduct when they required him to sign the amended agreement without informed c...
2021.04.05 Motion for Summary Judgment, Adjudication 950
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.05
Excerpt: ...nt Private Attorneys' General Act (“PAGA”) action against Defendant Beverages & More Inc., and BevMo Holdings, LLC (“Defendant”). The First Amended Complaint (“FAC”) states a single cause of action under PAGA, Lab. Code § 2699. On December 8, 2020, Defendants filed a motion for summary judgment as to the FAC. Plaintiffs oppose. Also on calendar are Plaintiff's motion for leave to file a Second Amended Complaint, and proposed Interven...
2021.04.02 Motion to Seal 527
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.02
Excerpt: ...tertainment projects, but diverted Rakuten's money to other purposes, sold the same rights to other investors, and failed to co-invest as they contractually promised. The Complaint states eight causes of action for: 1) fraud and deceit; 2) negligent misrepresentation; 3) breach of contract; 4) breach of contract; 5) breach of implied covenant of good faith and fair dealing; 6) conversion; 7) unjust enrichment; and 8) declaratory relief. On Februa...
2021.04.02 Motion for Summary Judgment 026
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.02
Excerpt: ...tress. On October 30, 2019, Defendant filed an answer. On December 22, 2020, Defendant filed a motion for summary judgment. Plaintiff opposes. Summary Judgment Standard A party may move for summary adjudication as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty if that party contends that there is no merit to the cause of action, defense, or claim for damages, or if the party contends that there is no ...
2021.04.01 Motion for Summary Judgment 654
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.04.01
Excerpt: ...breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) breach of the implied warranty of habitability; 4) intentional misrepresentation; 5) negligent misrepresentation; 6) constructive eviction; and 7) negligence. The allegations of the Complaint arise out of a lease agreement for a high-end Hancock Park residential property located at 136 Freemont Place, Los Angeles, CA 90005 (the "Premises"). On or about September ...
2021.03.26 Demurrer, Motion to Strike 420
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.26
Excerpt: ... against Defendants Felix Murry, Dekalb Event Center Inc. dba The Mansion Elan, Gashouse Consulting LLC, and Gashouse Professional Services LLC. Plaintiff alleges that Murry fraudulently obtained a $750,000 cash payment from Plaintiff by entering into an exclusive ticket sales agreement, but then breaching the agreement, keeping and misappropriating the money, and hiding behind his shell entities, DEC and the Gashouse Entities, to attempt to avoi...
2021.03.25 Motion for Terminating, Evidentiary, or Issue Sanctions 209
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.25
Excerpt: ...xt to one another and purchased their respective interment properties adjacent to each other for that specific purpose. Mariam died in 2003 and was buried pursuant to her agreement. In 2017, Karapet visited his mother's burial site and found that his own plot next to Mariam's was occupied in violation of their agreement, with a plaque bearing Karapet's name and date of death. Defendants could not explain how someone was buried in his plot and ref...
2021.03.25 Demurrer 542
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.25
Excerpt: ...��Darby”), and Sitting Pretty Incorporated (“Sitting Pretty”) (collectively “Plaintiffs”) filed the instant bad faith insurance suit against Defendants Liberty Mutual Insurance Group (“LMIG”), Liberty Mutual Insurance Company (“LMIC”), Appleby & Sterling Inc. (“Appleby”), Ohio Casualty Insurance Company (“OCIC”), Bizguard Plus (“Bizguard”), Amguard Insurance Company (“AIC”), Wheatman Insurance Agency (“Wheatman...
2021.03.25 Motion to Compel Arbitration 268
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.25
Excerpt: ...contract; 2) claim on mechanics lien release bond; 3) accounts stated; 4) open book account; and 5) reasonable value of materials furnished. The Complaint alleges Plaintiff and MWP1 entered into a written Contract by which Plaintiff agreed to furnish labor equipment materials and services for construction of the plumbing scope of work for a project. MWP1 breached by unilaterally terminating the Contract without cause and without following the con...
2021.03.25 Motion to Dismiss 323
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.25
Excerpt: ...s LLC; Jansen Pharmaceuticals, Inc.; Healthsmart Pacific Inc; Ronald Reagan UCLA Medical Center; Ronald Reagan UCLA Hospital; Santa Monica-UCLA Medical Center and Orthopaedic Hospital; the Regents University Of California Health Sciences & Services; UC Regent Division Of Medicine/Hematology/Oncology; Jonsson Comprehensive Cancer Center; Trio Group; Trio-USA; Dennis Slamon, Md; John Glaspy, MD; and Madeline Kuiper, NP. The Complaint alleges that D...
2021.03.23 Motions to Compel Compliance 189
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.23
Excerpt: ...rch arbitrage business (“SAB”) Hoffman and Elbaz formed and operated together that monetized queries submitted to internet search engines such as Google and Yahoo. Plaintiff alleges the pair agreed that Hoffman would wholly manage the Yahoo search feed (the “Yahoo feed”). In exchange, Hoffman would receive 80% of the net profits generated from the Yahoo feed's operation. Render Media, a media company co-founded by Elbaz, would operate as ...
2021.03.22 Motion to Maintain Stay 833
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.22
Excerpt: ...ement and the improper solicitation of OrthoLa's former sales representatives. The Complaint The Complaint alleges seven causes of action for: 1) Intentional Interference with Contractual Relationships; 2) Intentional Interference with Prospective Economic Advantage; 3) Negligent Interference with Prospective Economic Advantage; 4) Unfair Competition; 5) Breach of Continuing Income Agreement; 6) Breach of Covenant of Good Faith and Fair Dealing; ...
2021.03.22 Demurrer, Motion to Strike 542
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.22
Excerpt: ...s Liberty Mutual Insurance Group (“LMIG”), Liberty Mutual Insurance Company (“LMIC”), Appleby & Sterling Inc. (“Appleby”), Ohio Casualty Insurance Company (“OCIC”), Bizguard Plus (“Bizguard”), Amguard Insurance Company (“AIC”), Wheatman Insurance Agency (“Wheatman”), Berkshire Hathaway Guard Insurance Companies (“Berkshire”), Frankin Insurance Adjusters Inc. (“Franklin”), ANM Construction and Environmental Serv...
2021.03.18 Motion for Summary Adjudication 209
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.18
Excerpt: ...Lawn Mortuary. The complaint alleges that Plaintiffs and Karapet's mother, Mariam, purchased multiple plots of interment property at Defendants' cemetery in 1995. Mariam and Plaintiffs planned to be buried next to one another and purchased their respective interment properties adjacent to each other for that specific purpose. Mariam died in 2003 and was buried pursuant to her agreement. In 2017, Karapet visited his mother's burial site and found ...
2021.03.18 Demurrer 624
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.18
Excerpt: ...each of contract. According to the allegations, G.H. Cooper Properties, Inc. (“GHCP”) manages various limited liability companies that owned and developed large multi-family apartment buildings throughout the western United States. It had various investors, including Michael Singer, as Trustee of the Singer 1995 Family Trust; Michael Singer, as Trustee for the Jeffrey and Kellie Singer Children's Trust; Jeff Singer, as Trustee for the Singer ...
2021.03.12 Special Motion to Strike 941
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.12
Excerpt: ... number 20STCV37238. On November 10, 2020, the Court consolidated these cases, with 19STCV31941 as the lead case. On November 13, 2020, Scott filed the instant special motion to strike Sado's defamation complaint. On March 1, 2021, Sado filed an opposition. On March 5, 2021, Scott submitted a reply. Legal Standard CCP section 425.16 permits the Court to strike causes of action arising from an act in furtherance of the defendant's right of free sp...
2021.03.11 Motion for Attorneys' Fees 226
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.11
Excerpt: ...welve causes of action for: 1) conspiracy to commit fraud, 2) fraud by concealment, 3) breach of fiduciary duties, 4) breach of loyalties, 5) declaratory relief, 6) conversion, 7) accounting, 8) breach of stock purchase agreement, 9) specific performance of stock purchase agreement, 10) accounting, 11) conversion, and 12) accounting. The SAC alleges that Plaintiffs are limited partners in Mazkat Ventures, LP (“Mazkat”), with an aggregate mino...
2021.03.11 Demurrer, Motion to Strike 496
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.11
Excerpt: ...iolation of the Ralph Act, 4) violation of the Bane Act, 5) violation of the Unruh Civil Rights Act, 6) Gender Violence, 7) Retaliation for Complaints of Harassment and Discrimination, 8) Wrongful Termination in violation of Public Policy, 9) Negligent Supervision and Retention, 10) Failure to Prevent Discrimination and Harassment, 11) Sexual Battery, 12) Battery, 13) Failure to Pay Overtime, 14) Failure to Provide Accurate Itemized Wage Statemen...
2021.03.10 Motion to Compel Initial Discovery Responses 029
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.10
Excerpt: ...on for: 1) breach of contract; 2) fraud and deceit; 3) legal malpractice; 4) breach of fiduciary duty; 5) interference with prospective economic advantage; 6) intentional infliction of emotional distress; and 7) elder abuse. On February 5, 2021, Olan and DOLO (collectively, “Olan Defendants”) filed three motions to compel initial discovery responses from Plaintiff as to 1) form & special interrogatories, 2) requests for production of document...
2021.03.10 Motion for Summary Judgment 846
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.10
Excerpt: ...nt alleges three causes of action for: 1) negligence (strict liability); 2) negligence; and 3) negligent infliction of emotional distress. On October 14, 2020, Duressa, Ms. Solomon, Mr. Solomon, and Shenkute moved for summary judgment. On December 21, 2020, Plaintiffs filed an opposition. On December 29, 2020, the moving defendants submitted a reply. On January 4, 2021, the Court heard oral arguments on the MSJ. The Court denied the MSJ as to Isa...
2021.03.09 Demurrer 716
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.09
Excerpt: ...me there were six other people living at the Property, including Mike, McCauley, Sean, Nikili, Albert and Edmundo. Plaintiff's rent was $650 per month. During her stay as a tenant, she was subjected to abuse from McCauley and Defendants, including sexist, racist, chauvinistic and misogynistic vitriol and assault/battery. Plaintiff ended her tenancy on August 26, 2018. The Complaint alleges three causes of action for: 1) sexual discrimination (Gov...
2021.03.08 Motion to Tax Costs 773
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.08
Excerpt: ...commodate; and 9) failure to engage in an interactive process. On January 31, 2020, Defendant moved for summary judgment or summary adjudication of each cause of action and punitive damages. The Court granted summary judgment on December 8, 2020. Judgment was entered against Plaintiff and for Defendant on January 6, 2021. On January 22, 2021, Defendant filed a memorandum of costs seeking $13,407.10 in costs. On February 5, 2021, Plaintiff filed a...
2021.03.08 Demurrer 230
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.08
Excerpt: ...��LAUSD”), City of Los Angeles (“City”); Star Sports Theatre Arts & Recreation Inc. (“SSTAR”); Star Education Inc. (“SEI”), Star Nova Education (“SNE”), Westwood Charter Elementary School (“Westwood Charter”), Marquez Charter School (“Marquez Charter”), Kathy Flores (“Flores”), Katya Bozzi (“Bozzi”), Yolanda Davis (“Davis”), and Amanda Levy (“Levy”). The operative First Amended Complaint alleges twenty-th...
2021.03.04 Demurrer, Motion to Strike 751
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.04
Excerpt: ...nd LP Design & Construction. The Complaint states six causes of action for: 1) breach of contract; 2) concealment of material defect; 3) fraud; 4) professional negligence; 5) breach of warranty; and 6) negligence. This suit regards real property commonly known as 8812 Nogal Ave., Whittier, CA 90606. In August 2017, Plaintiffs entered into a Residential Purchase Agreement for the purchase of the Property from PHM for $805,000.00. In September 2017...
2021.03.03 Motion to Compel Claims to Arbitration 633
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.03
Excerpt: ...violations. The Complaint alleges a single cause of action under Lab. Code § 2698 et seq. On November 30, 2020, Defendant filed a motion to compel arbitration and stay the suit pending arbitration. On January 26, 2021, Plaintiff filed an opposition. On January 27, 2020, Defendant filed a reply. Legal Standard Under California and federal law, public policy favors arbitration as an efficient and less expensive means of resolving private disputes....
2021.03.02 Demurrer 624
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.02
Excerpt: ...each of contract. According to the allegations, G.H. Cooper Properties, Inc. (“GHCP”) manages various limited liability companies that owned and developed large multi-family apartment buildings throughout the western United States. It had various investors, including Michael Singer, as Trustee of the Singer 1995 Family Trust; Michael Singer, as Trustee for the Jeffrey and Kellie Singer Children's Trust; Jeff Singer, as Trustee for the Singer ...
2021.03.01 Motion to Strike 381
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.01
Excerpt: ...; (4) Failure to Engage in an Interactive Process; (5) Failure to Prevent Discrimination; (6) Wrongful Termination in Violation of Public Policy. Plaintiff alleges that the individual defendants harassed her on the basis of her sex and pregnancy. They also denied her reasonable requests for accommodations for her back pain. During Plaintiff's medical leave to give birth, her employment was terminated. On January 28, 2021, Plaintiff filed a dismis...
2021.03.01 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.03.01
Excerpt: ...��); Weedmayhem Community, Inc. (“WCI”); WM Management Group LLC (“WMMG”); MBM Dynasty Holdings, LLC (“MBM”); Ilgar Hajiyev (“Hajiyev”); and Sona Gadzhieva (“Gadzhieva”). The Complaint states eight causes of action for fraud, breach of contract, money had, open book account, defamation per se, declaratory relief, equitable indemnity, and unfair competition. The Complaint alleges that Michael courted Plaintiffs' investment into...
2021.02.25 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.02.25
Excerpt: ...�); Weedmayhem Community, Inc. (“WCI”); WM Management Group LLC (“WMMG”); MBM Dynasty Holdings, LLC (“MBM”); Ilgar Hajiyev (“Hajiyev”); and Sona Gadzhieva (“Gadzhieva”). The Complaint states eight causes of action for fraud, breach of contract, money had, open book account, defamation per se, declaratory relief, equitable indemnity, and unfair competition. The Complaint alleges that Michael courted Plaintiffs' investment into ...
2021.02.23 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.02.23
Excerpt: ...); Weedmayhem Community, Inc. (“WCI”); WM Management Group LLC (“WMMG”); MBM Dynasty Holdings, LLC (“MBM”); Ilgar Hajiyev (“Hajiyev”); and Sona Gadzhieva (“Gadzhieva”). The Complaint states eight causes of action for fraud, breach of contract, money had, open book account, defamation per se, declaratory relief, equitable indemnity, and unfair competition. The Complaint alleges that Michael courted Plaintiffs' investment into h...
2021.02.08 Demurrer, Motion to Strike 839
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.02.08
Excerpt: ...ommunity, Inc.; WM Management Group LLC; MBM Dynasty Holdings, LLC; Ilgar Hajiyev (“Hajiyev”); and Sona Gadzhieva (“Gadzhieva”). The Complaint states eight causes of action for fraud, breach of contract, money had, open book account, defamation per se, declaratory relief, equitable indemnity, and unfair competition. The Complaint alleges that Mizrachi courted Plaintiffs' investment into his new online cannabis platform, Weedmayhem, that p...
2021.02.05 Motion for Judgment on the Pleadings 512
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.02.05
Excerpt: ...xtended Plaintiff's employment contract through May 31, 2020, in compliance with regulations. Following a board meeting without a sufficient quorum on February 6, 2020, the District ceased salary payments to Plaintiff. At a regular meeting on February 24, 2020, the Board purportedly appointed an acting General Manager, even though only four directors voted in favor, despite that the governing rules require an affirmative vote of five Directors. P...
2021.02.02 Motion for Attorneys' Fees 800
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.02.02
Excerpt: ...fendants were security guards or caregivers hired to assist/protect Lee. Defendants allegedly made various defamatory statements regarding Plaintiff's relationship with Lee to the police and investigators, including that Plaintiff was abusing and stealing from Lee. The operative First Amended Complaint states four causes of action for: 1) defamation; 2) intentional interference with contractual relations; 3) intentional infliction of emotional di...
2021.02.02 Demurrer 657
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2021.02.02
Excerpt: ...ion agreement on July 1, 2020 by using certain information and contacts gained during their employment with Plaintiff to conduct a similar, competing business. On October 2, 2020, Defendants filed substantive identical demurrers to the FAC. On January 14, 2021, Plaintiff filed oppositions. On January 25, 2021, Defendants filed replies. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (...

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