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2019.12.19 Motion for Consolidation 891
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.19
Excerpt: ...aint”). The Corrigan Complaint states 4 causes of action for: 1) assault; 2) battery; 3) intentional infliction of emotional distress; and 4) negligent infliction of emotional distress. Corrigan allegedly used his fists to hit Plaintiff's arms to make Plaintiff drop flyers he was passing out. On March 5, 0219, Plaintiff filed a wrongful termination action against Defendants United Parcel Service (“UPS”), John Pipkin (“Pipkin”), and Corr...
2019.12.19 Demurrer, Motion to Strike 508
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.19
Excerpt: ...) fraudulent concealment; and 3) intentional infliction of mental distress. Plaintiff alleges that she is the administer of Ivy Pre-School & Kindergarten (the School), located at 934 S Kingsley Dr, Los Angeles, CA 90006. Plaintiff alleges that she brings this action on behalf of her students to halt pending construction at a neighboring property owned by Defendants. Defendants are planning to build an apartment complex across the street from the ...
2019.12.19 Motion for Summary Adjudication 213
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.19
Excerpt: ...i (“Anvari”) (collectively “Plaintiffs”) are limited partners of Mazkat, whose aggregate ownership interest is 29.85%. Mazkat's sole asset is a limited liability company, Defendant American Logistics International (“ALI”). Defendants Alireza Mahdavi (“Mahdavi”), Ramin Bagherzadeh (“Bagherzadeh”), Amirali Jandaghi (“Jandaghi”), and Mohammad K. Tehranirad (“Tehranirad”) are the remaining limited partners of Mazkat. Janda...
2019.12.18 Motion for Summary Judgment 643
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.18
Excerpt: ...siness. Defendants actually used the money to fund their son's legal defense to criminal proceedings and to pay off other debts. Defendants failed to pay back all the money owed under the note, leaving a balance of $60,000.00 plus interest. The operative Second Amended Complaint (“SAC”) alleges three causes of action for: 1) breach of promissory note; 2) fraud; and 3) money had and received. On October 1, 2019, following a pattern of avoiding...
2019.12.17 Special Motion to Strike 832
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.17
Excerpt: ...olation of California wage and hour laws. On July 29, 2019, Nazarchuk filed a cross-complaint against Sviridov. The Cross-Complaint alleges four causes of action for: 1) wrongful use of administrative proceedings; 2) abuse of process; 3) fraud/intentional misrepresentation; and 4) intentional infliction of emotional distress. The Cross-Complaint arises out of allegations that Sviridov filed a groundless complaint (the “Labor Commission Complain...
2019.12.16 Motion to Quash 956
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.16
Excerpt: ...of documents as to Katerina Karagiannides (“Karagiannides”); Lilian Pudjowibowo (“Pudjowibowo”); and Amalia Thanou (“Thanou”) on the grounds that the records sought are overbroad, not relevant, improperly seek private financial documents, and for lack of Notices to Consumer. On December 3, 2019, Defendant filed an opposition. On December 9, 2019, Defendants filed a reply. Legal Standard CCP section 1987.1 provides in part: If a subpoe...
2019.12.16 Petition to Vacate Final Arbitration Award 549
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.16
Excerpt: ... Respondent Selma Records LLC (“Respondent” or “Selma”) hired Israel, a music industry producer specializing in the development of artists, to develop singer-songwriter James Mason (“Mason”) into a successful songwriter with hits on the music charts. Selma was to pay Israel $250,000.00 over a six-month period. Although Selma paid Israel $100,000.00 through April, 2018, it unilaterally repudiated the agreement and failed to make additi...
2019.12.16 Demurrer 198
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.16
Excerpt: ...��), the County of Los Angeles (the “County”), and the City of Los Angeles (the “City”). Plaintiff alleges that Defendants conspired to wrongfully convict him of a 1981 murder. The complaint sets forth several “claims” and “causes of action. The Complaint asserts four claims of: 1) conspiracy; 2) abuse of process; 3) conspiracy; and 4) continuing violation doctrine. The Complaint asserts those four causes of action based on Civ. Cod...
2019.12.13 Motion to Vacate Default, Judgment 064
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.13
Excerpt: ...to recover the costs of the security guards from Defendant. The Complaint states one cause of action for negligence. Plaintiff also filed a notice of a related case for Vecchio v. McKenna Motors Torrance Inc. et al., LASC Case No. BC670108 (the “Vecchio suit”), currently stayed pending arbitration in Dept. 26. On July 19, 2019, Plaintiff filed a Proof of Personal service, indicating that Defendant was personally served on July 1, 2019. On Aug...
2019.12.13 Motion for Judgment on the Pleadings 251
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.13
Excerpt: ...“ECJ”) and Reeve E. Chudd (“Chudd”) (collectively “Defendants”). The Complaint states two causes of action for legal malpractice and breach of fiduciary duty. This action arises out of Claire Gordon's (“Claire”), Plaintiffs' mother/grandmother, estate plan. Claire had three children, Kenneth Gordon (“Kenneth”), Bruce, and Jeffrey Gordon (“Jeffrey”). Brian and Steven are Bruce's sons and Claire's grandsons. Plaintiffs alleg...
2019.12.12 Motion for Approval of Consent Judgment 409
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.12
Excerpt: ...to the state of California to cause cancer and reproductive harm, without the required Proposition 65 warnings. The Complaint states a single cause of action for a violation of Proposition 65 – Health & Safety Code section 25249.6. On October 25, 2019, Plaintiff filed the instant motion for the Court to approve the consent judgment agreed to by the parties. No opposition was submitted. Legal Standard Health & Safety Code § 25249.7(f)(4) provid...
2019.12.10 Demurrer, Motion to Strike 587
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.10
Excerpt: ...s motion to strike is DENIED. On July 10, 2018, Plaintiff/Cross-Defendant Palos Verdes Peninsula Land Conservancy (“PVPLC”) filed a complaint against Defendants/Cross-Complainants Mike Chiles (“M. Chiles”) and Jayne Chiles (“J. Chiles”) (collectively the “Chileses”) for trespass to land, private nuisance, permanent private nuisance, quiet title, and declaratory relief. PVPLC, a domestic nonprofit corporation, alleged it is and at ...
2019.12.9 Demurrers, Motions to Strike 292
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.9
Excerpt: ... On June 11, 2019, Plaintiffs Sandra Ruiz (“Ruiz”) and David Abbate (“Abbate”) (collectively “Plaintiffs”) filed in instant habitability action against their landlords Defendants Delaine Yates (“Yates”), Ryan Martin (“Martin”), Delaine Yates LLC (“DYL”) and Rodney Drive LLC (“RDL”). The Complaint alleges thirteen causes of action for: 1) breach of common law duty of care; 2) breach of warranty of habitability; 3) viola...
2019.12.5 Demurrer 249
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.5
Excerpt: ...aintiff Elvis Quintanilla (“Plaintiff”) filed a complaint against Defendants Hernandez Enterprise Roofing, Inc. (“HER”), Victor Hernandez (“Hernandez”), Antonio Vasquez (“Vasquez”), Mattes Auto Sales, Inc. (“MAS”), Mattes 1997 Family Trust UTD 9/27/91 (the “Trust”), Mike Mattes (“M. Mattes”), Gabriela Mattes (“G. Mattes”) (collectively the “Mattes Defendants”), Bama Auto Center, LLC, and Bama Commercial Leasing...
2019.12.5 Motion for Trial Preference 094
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.5
Excerpt: ...ld 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 infliction of emo...
2019.12.3 Petition to Vacate Arbitration Award 417
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.3
Excerpt: ... Edwige Ligonde and Nielsen Benefits Group, Inc. dba Nielsen Benefits Group (“Defendants”) for damages arising out Lingonde's employment as an insurance broker and account executive with Plaintiff. In the complaint, Plaintiff alleged that Ligonde entered into an employment agreement with Plaintiff that prohibited him from using or disclosing confidential knowledge concerning Plaintiff's clients, business procedures, and methods of operation, ...
2019.12.3 Demurrer, Motion to Strike 542
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.12.3
Excerpt: ... third amended complaint (“TAC”) alleges the following four causes of action: (1) intentional violation of Labor Code §§ 1050, 1054; (2) defamation – slander per se; (3) intentional violation of Gov. Code §§ 3251, 3255, 3260(c)(1), (d); and (4) intentional interference with prospective economic relations. This action arises out of Plaintiff's claims that he has been unable to obtain employment with a law enforcement agency or fire depar...
2019.11.8 Demurrer 020 (2)
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.11.8
Excerpt: ...gs, Inc. (“THH”) (collectively “Defendants” or “Cross-Complainants”) concerning the ownership of Izakaya. Plaintiff alleges that Defendants are wrongfully attempting to assert an ownership interest in Izakaya and retaining funds owed to Izakaya. The complaint states three causes of action for 1) declaratory relief; 2) unjust enrichment; and 3) common counts for money owed. On April 16, 2019, Defendants filed a cross-complaint against ...
2019.11.7 Demurrer 351
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.11.7
Excerpt: ...ri”), Mehran Vedi (“Vedi”), and Farshid Pourlavaei (“Pourlavaei”) (collectively, “Guarantors”). This case was related to BC663604, which follows a similar, but distinct, dispute between the Guarantors and the Bank regarding a Hotel investment and loan agreements. The operative First Amended Complaint (“FAC”) alleges five causes of action for: 1) breach of guaranty (6101); 2) breach of guaranty (1061); 3) money lent; 4) account s...
2019.11.6 Motion for Settlement Approval 746
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.11.6
Excerpt: ...on (Lab. Code §1198); (4) Failure to Pay Meal Period Compensation (Lab. Code §226.7); (5) Failure to Pay Rest Period Compensation (Lab. Code §226.7); (6) Failure to Furnish Accurate Wage and Hour Statements (Lab. Code §226); (7) Failure to Maintain Accurate Payroll Records (Lab. Code §§226(a), 1174(d), 1198, et. seq.); (8) Failure to Pay Wages Upon Discharge (Lab. Code §201); (9) Statutory Penalties (Lab. Code §§203, 558); (10) Unfair Co...
2019.11.6 Motion to Compel Initial Discovery, to Deem Matters Admitted 772
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.11.6
Excerpt: ... Perez forfeited the keys to the commercial rental property and ceased to pay the agreed upon rent of $2,800.00 per month. The rental property was located at 931 E. Pico St., Unit #117, Los Angeles (“Premises”), with inclusive address of 919-947 E. Pico St., Los Angeles (“Building”). The lease was for a term of one year from February 1, 2017 until January 31, 2018. Sky High contends that Perez owes a total of $21,440.00, for seven months'...
2019.2.28 Motion to Set Aside Default, Judgment 172
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.28
Excerpt: ... the implied warranty of habitability, violation of Los Angeles Municipal Code § 151.10 et seq., and violation of Civil Code sections 1940.2, 789.3, and 1942.4. This case arises out of allegations that the converted garage that Defendant rented to Plaintiffs and their two children was not properly permitted as a residential dwelling and had serious habitability issues. Plaintiffs further allege that after they made a complaint to the City of Los...
2019.2.28 Demurrer 626
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.28
Excerpt: ...escord III, dba Harbor Building Services Inc. (“Defendant”). Plaintiff was employed as a janitor from April 2013 through January 2018. On November 20, 2018, Defendant filed notices of related case in this case and Maria Regaldo-Flores v. Lescord LASC Case No. BC712868 (the “Class Action suit”). On December 10, 2018, Defendant demurred to the Complaint due to lack of standing and for a plea in abatement. On January 2, 2019, Plaintiff filed...
2019.2.28 Motion to Transfer Venue 928
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.28
Excerpt: ...California Department of Corrections and Rehabilitation (erroneously sued as SAC and Norco) (“the State” or “Defendant”) filed the instant motion for transfer on November 8, 2018. Defendant requests that the Court transfer this case to Sacramento County. No opposition was filed. The Court continued the motion to allow additional evidence to support whether the case should be transferred either to Sacramento or Riverside County. Defendant ...
2019.2.27 Motion to Determine Good Faith Settlement 557
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.27
Excerpt: ...xicated while he was attending a party at the Beta-Sigma fraternity house near the campus of the University of Southern California. After the party was shut down, an intoxicated Eloi wandered onto the I-10 freeway a short distance away from the fraternity house. He was struck and killed by passing vehicles. Plaintiffs sued numerous parties in connection with their son's death, including Tau Kappa Epsilon Fraternity, Inc. (“TKE”); Beta-Sigma C...
2019.2.27 Motion for Summary Adjudication 807
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.27
Excerpt: ...to Liquidators (“Harbor”), Lewis Canfield (“Lewis”) and Pam Canfield (“Pam”). The Complaint alleges Plaintiff became employed by Defendants in 2008 and worked there until 2016. Plaintiff was sexually harassed and assaulted at work by Lewis throughout 2015 and 2016. Plaintiff contends that she could not take the harassment and was constructively terminated in October 2016. The corporate Defendants all do business under the name U Pick ...
2019.2.26 Demurrer, Motion to Strike 001
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.26
Excerpt: ...t” or “Kia”) on September 21, 2018, alleging six cause of action for: 1) Violation of Civ. Code § 1793.2(d); 2) Violation of Civ. Code § 1793.2(b); 3) Violation of Civ. Code § 1793.2(a)(3); 4) breach of express written warranty; 5) breach of implied warranty of merchantability; and 6) fraud by omission. Plaintiff's complaint arises from his purchase of a 2013 Kia Optima (the vehicle) on August 22, 2013. Plaintiff alleges that the vehicle...
2019.2.25 Demurrer 200
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.25
Excerpt: ...��), Hastings, Clayton & Tucker Inc. (“Stiletto”), West End Productions Inc. (“West End”) and Westgate Resorts Inc. (“Westgate”) (collectively “Defendants”). The Complaint states four causes of action for: 1) breach of contract, 2) promissory estoppel; 3) unjust enrichment; and 4) quantum meruit. This suit arises from Defendants' alleged failure to pay on a contract that required Plaintiff to provide laser projectors for a series ...
2019.2.25 Motion to Confirm Arbitration Award 084
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.25
Excerpt: ...rm the arbitration award issued by Arbitrator Stephen Spiegel in binding arbitration, in favor of Plaintiff in the amount of $16,620.57. On January 15, 2018, the Court granted Plaintiff's motion to set aside the dismissal due to attorney error. The Court continued the instant motion to allow Plaintiff to file a proof of service in conformity with CCP section 1286. Plaintiff filed a supplemental declaration on January 17, 2019. Legal Standard Any ...
2019.2.22 Motion for Summary Judgment, Adjudication 671
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.22
Excerpt: ...ectively “Capri”); Dedicated Building Services, LLC (“DBS”); Professional Security Consultants (“PSC”); and Thomas Bralley (“Bralley”) dba B-Sealed (“B-Sealed”) alleging two causes of action for premises liability and general negligence. The case arises from a slip-and-fall incident. On February 7, 2015, Plaintiff was a patron at the Baldwin Hills Crenshaw Plaza Mall (the “Mall”). It was raining when she exited the mall to...
2019.2.21 Motion to Expunge Lis Pendens 097
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.21
Excerpt: ...ty”). Plaintiff was Decedent's care taker prior to his death. Plaintiff believes that she was his only heir and was designated by Decedent to handle his affairs. Decedent executed a grant deed designating Plaintiff as a joint tenant with right of survivorship in exchange for her care and devotion to him. After his death, Plaintiff learned of a series of documents filed in the County Recorder's Office, purporting to give notice that the subject ...
2019.2.21 Motion for Judgment on the Pleadings 669
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.21
Excerpt: ...IV, VAWA/Campus Save Act, California Education Code §66258, Government Code § 11135, and Title VII of the Civil Rights Act of 1964. In the FAC, Plaintiff alleges she began attending California State University, Los Angeles (“CSULA”) in the fall of 2015 when she was 17 years old. She resided in the University's dorms. On November 11, 2015, Plaintiff's two female roommates physically attacked her while she was in her dorm room. She used peppe...
2019.2.21 Motion to Set Aside Default, Judgment, Demurrer 702
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.21
Excerpt: ... per filed the operative verified first amended complaint (“FAC”) against the same defendants in response to a pending demurrer by Kendrick and Mary. The FAC alleges the following four causes of action: (1) conspiracy to defraud, embezzle, and commit theft; (2) the power of attorney created by Kendrick Guidry was illegally obtained through fraud and coercion ...; and (3) abduction, abandonment, and financial abuse against elder dependent and ...
2019.2.20 Motion to Bifurcate Issue 894
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.20
Excerpt: ...cated at 9397 Wilshire Boulevard, Beverly Hills (the “Property”) and take a 92-month temporary construction easement over the improved property. The Project is a heavy rail public transportation project to provide a link in to existing public transit systems. Metro took possession of the Property on April 1, 2018 and will return the Property to New Pacific on November 30, 2025. MTA now seeks to exclude New Pacific's pre-condemnation damages c...
2019.2.20 Motion for Summary Judgment, Adjudication 671
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.20
Excerpt: ...ly “Capri”); Dedicated Building Services, LLC (“DBS”); Professional Security Consultants (“PSC”); and Thomas Bralley (“Bralley”) dba B-Sealed (“B-Sealed”) alleging two causes of action for premises liability and general negligence. The case arises from a slip-and-fall incident. On February 7, 2015, Plaintiff was a patron at the Baldwin Hills Crenshaw Plaza Mall (the “Mall”). It was raining when she exited the mall to head ...
2019.2.20 Motion for Leave to File Complaint 039
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.20
Excerpt: ...aintiff was assigned to work at Simply Fresh and worked in production and packaging. Plaintiffs job duties primarily consisted of working on an assembly line where she placed food items such as salsa, tacos, guacamole, beans and other food items on plates as they passed by on a conveyor belt. Her duties also included packing the prepared plates and placing them in boxes that were then sent to be palletized for shipment. Plaintiff performed all of...
2019.2.19 Motion to Transfer Venue 229
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.19
Excerpt: ...��) on October 15, 2018. The dispute arises out of BBK's allegedly negligent evaluation of the legal risks associated with a for-profit business plan (the “shoplifter deterrence” course) created by CEC. The program generally worked as follows. A shoplifter would be apprehended by a retailer. The retailer would refer the shoplifter to CEC who would collect a fee and place them in an educational program. In exchange, the retailer and CEC agreed...
2019.2.19 Motion for New Trial 244
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.19
Excerpt: ...ject property, as <004c005200510003004c00 51000300150013001400150011[ Noarus Properties Inc. (“Noarus”) is the owner of real property near the intersection of Centinela Avenue and Green Valley Circle in the City of Los Angeles. Crimson California Pipeline, L.P., Crimson Pipeline, L.P. and Crimson Pipeline Management, Inc. (collectively, "Crimson") are privately owned pipeline companies (with condemnation rights) that purchased two exi...
2019.2.8 Demurrer, Motion to Strike 344
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.8
Excerpt: ... alleges eighteen causes of action for: 1) failure to pay minimum wage; 2) failure to compensate for all hours worked; 3) failure to pay overtime compensation; 4) failure to pay meal period compensation; 5) failure to pay rest period compensation; 6) failure to furnish accurate wage and hour statements; 7) failure to pay wages upon discharge; 8) statutory penalties; 9) failure to indemnify and illegal deductions from wages; 10) wrongful terminati...
2019.2.8 Motion to Compel Arbitration 266
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.8
Excerpt: ...), Costco Wholesale Corporation (“Costco”), Beatrice Nevarez (“Nevarez”) and Demeka Smith (“Smith”) (collectively “Defendants”) on March 27, 2018. Plaintiff worked for WDS, CDW, and Costco (“Employer Defendants”) as a product demonstrator and event manager from July 28, 2009 to April 27, 2016. Plaintiff alleges that she was wrongfully terminated based on her race, age, and disability. Nevarez and Smith were her supervisors. Th...
2019.2.7 Demurrer 290
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.7
Excerpt: ... 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, 3) breach of fiduciary duty, 4) fraud, 5) unlawful recording of communications (Penal Code § 632), and 6) <0052004700480003008600 [ Plaintiff, a licensed real estate agent, entered into a written agreement in 2017 to associate with Tabatabai and his real estate brokerage firm MRG, to list a home near Beverly Hills. Under the agreement, Plaintiff was to rece...
2019.2.7 Motion for Attorneys' Fees 634
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.7
Excerpt: ...ehicles in relation to claims made on a motor vehicle dealer bond on behalf of Baba Cars. Geek, Universal, and Premier Auto Credit Inc. answered in June and July 2018. The Court entered default against Gore on December 14, 2018. GAIC now seeks to be dismissed from the instant litigation and requests attorneys' fees and costs per CCP sections 386 et seq. No opposition was filed. Legal Standard CCP section 386 permits a corporation against whom dou...
2019.2.5 Motion for Leave to File Amended Complaint 488
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.5
Excerpt: ... answered the complaint and filed a cross complaint. Plaintiffs now moves for leave to amend to file a First Amended Complaint (“FAC”). (CCP § 473(a).) The proposed FAC alleges a single cause of action for partition. No opposition was filed. Legal Standard If a plaintiff wishes to amend a complaint after the answer has been filed or after the demurrer has been filed and after the hearing on the demurrer, or if he or she has already amended t...
2019.2.4 Demurrer 174
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.4
Excerpt: ...15, 2018, the Court sustained Albert and S & S's demurrer to the second, fourth, seventh, and eighth causes of action with leave to amend, and overruled to the remainder. The Court also sustained Shahriar's demurrer with leave entirely. On November 2, 2018, Plaintiff filed a First Amended Complaint (“FAC”), alleging eight causes of action for: 1) forcible detainer; 2) breach of covenant of good faith and fair dealing; 3) wrongful eviction; 4)...
2019.2.4 Motion for Leave to File Amended Complaint 529
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.4
Excerpt: ...ks leave to file a First Amended Complaint (“FAC”). No opposition has been filed. Legal Standard If a plaintiff wishes to amend a complaint after the answer has been filed or after the demurrer has been filed and after the hearing on the demurrer, or if he or she has already amended the complaint “of course,” permission of the court must be obtained before the amendment will be allowed. (CCP §§ 473(a)(1), 576.) Motions for leave to amen...
2019.2.4 Motion for Summary Judgment 510
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.4
Excerpt: ...C (“Mirabella”) and FCI Lender Services, Inc. (“FCI”). The operative second amended complaint (“SAC”) alleges four causes of action against for (1) negligence against all defendants; (2) promissory estoppel against Mirabella and FCI; (3) IIED against all defendants; and (4) violation of Bus. & Prof. Code §§ 17200, et seq. against all defendants. On June 22, 2017, the Court sustained Wells Fargo's demurrer to the first, third, and fo...
2019.2.4 Motion to Compel Production of Investigative File 628
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.4
Excerpt: ...he complaint alleges eight causes of action for: sexual abuse of a minor intentional infliction of emotional distress, sexual battery, sexual harassment (Civ. Code § 51.9), negligent hiring, supervision & retention, negligent failure to warn, train or educate Plaintiff, breach of mandatory duty: failure to report suspected child abuse, and negligence. In this action, Plaintiff alleges Quaglino sexually abused him while he was a minor student att...
2019.2.4 Motion to Quash 660
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.4
Excerpt: ...vember 9, 2018, Defendants moved to quash a subpoena for production of business records to third-party Unite Here, Local 11 (“Unite Here”) on the grounds that the records sought contain private financial records of third parties. On January 22, 2019, Plaintiffs filed an opposition. On January 28, 2019, Defendants filed a reply. Legal Standard CCP section 1987.1 provides in part: If a subpoena requires the attendance of a witness or the produc...
2019.2.1 Motion for Preliminary Approval of Settlement Agreement 968
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.1
Excerpt: ...es against Defendant alleging proposed class action claims for the Labor Code violations of: (1) failure to pay all overtime wages; (2) unpaid meal period premiums; (3) unpaid rest period premiums; (4) non-compliant wage statements; (5) failure to timely pay all wages upon termination; and (6) unfair business practices. On June 13, 2012, McKinney filed suit in the County of San Bernardino against Defendant alleging proposed class action claims an...
2019.2.1 Petition to Compel Arbitration and Select Neutral Arbitrator 939
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.2.1
Excerpt: ...(f) and CCP section 1281.6. Respondents were former employee of Petitioner's insured, Social Vocational Services, Inc. (“SVS”). Respondents were allegedly injured in a September 9, 2016 traffic collision, where Respondents were passengers in a SVS van when it was rear ended by Jessica Ann Heckler. On February 28, 2017, Respondents made a formal demand to Petitioner for arbitration. The parties met and conferred regarding the arbitrators throu...

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