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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...
2019.12.19 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 ...
2019.12.18 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 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...
2019.12.16 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...
2019.12.13 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...
2019.12.13 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...
2019.12.12 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 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...
2019.12.3 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, ...
2019.11.8 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 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'...
2019.11.6 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...
2019.5.20 Application for Default Judgment 739
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.20
Excerpt: ...sted on the website that they failed to pay her. In response, Defendants posted defamatory statements regarding her services as a nanny. Plaintiff requested that defendants take the untrue statements down, but they refused and threatened to sue her. The Court entered default against Defendants on September 25, 2017. Plaintiff moves for default judgment against Defendants. Procedurally, Plaintiff does not submit a separate request for dismissal of...
2019.5.20 Motion for Sanctions 654
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.20
Excerpt: ...ng Trust (the “Trust”) (collectively “Ramboldt Defendants”), New Star Realty Inc. (“New Star”), and Soon Hee Lee (“Lee”). The Complaint alleges seven causes of action for: 1) 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...
2019.5.20 Application for Default Judgment 370
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.20
Excerpt: ...laintiff is a former officer and shareholder. According to the Complaint, Sacchetti solicited and received money from Plaintiff and others as an investment into Clerc's. In return, Plaintiff was to be named an officer, director and shareholder of Clerc's. However, Sacchetti operated Clerc's as if she is the sole owner of the company. She misappropriated company funds for her own use and failed to pay monies owed to various suppliers a...
2019.5.17 Motion for Final Approval of Settlement Agreement 968
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.17
Excerpt: ...aintiffs”) against their former employer Defendant U.S. TelePacific Corp. d/b/a TPx Communications (“Defendant”). On April 17, 2012,Watts filed suit in the County of Los Angeles 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...
2019.5.16 Demurrer, Motion to Strike 836
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.16
Excerpt: ...ollectively “Plaintiffs”) brought the instant habitability and discrimination suit against their landlords Defendants Richard Vaughn, Ian Vaughn, the Vaughn Family Trust (collectively the “Vaughn Defendants”), and St. Goran Inc. The Complaint alleges seven causes of action for: 1) denial of civil rights; 2) disability discrimination – Unruh Civil Rights Act; 3) breach of the warranty of habitability; 4) negligence; 5) unfair business pr...
2019.5.15 Motion for Monetary Sanctions 465
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.15
Excerpt: ...017 that suffered from defects and nonconformity to warranty, including, but not limited to, issues with the airbag, SRS, cam solenoid, and other defects. Plaintiff alleges she took the vehicle to Defendant Mercedes-Benz USA, LLC's (“Defendant”) authorized service and repair facility numerous times but they were unable to repair the issues. Thus, Plaintiff filed this action against Defendant on September 20, 2016 for restitution and damages f...
2019.5.14 Motion to Compel Claims to Arbitration 060
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.14
Excerpt: ...61-year old man who was employed with Pelican from 1991 until June 24, 2016. In August 2013, Plaintiff was involved in an automobile accident where he sustained injuries to his back, neck, and shoulders, along with headaches and dizziness. Plaintiff went on medical leave for a month, but continued to experience pain from the accident. In February 2016, Plaintiff's condition deteriorated and he underwent surgery to relieve back pain, and subsequen...
2019.5.13 Motion for New Trial 510
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.13
Excerpt: ...d (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 fourth causes of action without leave to amend. The Court overruled FCI's and Mirabella's demurrer to the first cause of action and sustained its demurrer to the second, third, and fourth causes of action without leave to amend. Consequently, the only cause of action remaining is th...
2019.5.10 Motion to Compel Deposition, for Production of Docs 773
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.10
Excerpt: ...�) alleges in the operative fourth amended complaint (“4AC”) that in 1993, he and his niece each acquired as tenants in common in the property located at 1459 E. 121st Street, Los Angeles, CA 90059 (“Property”), until he acquired her interest in 1998. On February 4, 2005, a grant deed conveying the Property from <00480003002f004c005900 005700b40003005a0044[s recorded. On August 29, 2006, Turner executed a grant deed to secure a $275,000 l...
2019.5.10 Motion to Require Posting an Undertaking 381
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.10
Excerpt: ...�Boucher”); Hermez Moreno (“Moreno”); and Brian Bush (“Bush”) (collectively “Defendants”), failed to properly prosecute his civil rights action brought under 42 U.S.C. § 1983 against the County of Los Angeles Sheriff's Department and numerous individual deputies, Lenny K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged beatings of Plaintiff that occurred inside the County Jail on or about Apr...
2019.5.2 Motion to Strike 427
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.2
Excerpt: ...pensate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination in violation of public policy, and unfair business practices. On December 19, 2018, ACTCA and Hazan (collectively “Cross-Complainants”) brought a Cross-Complaint against Rashidi, alleging three causes of action fo...
2019.5.2 Motion for Approval of Settlement Agreement 043
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.5.2
Excerpt: ...ployees at the checkout workstations in violation of California Wage Order 7-2001, Section 14(A). The settlement reached by the parties is intended to resolve the entirety of this matter on behalf of Plaintiff and all aggrieved employees, defined as "all persons who were employed by Defendant in a Dollar General retail store in California and who operated a register from April 19, 2016 through the date of court approval of the settlement."...
2019.4.30 Demurrer 427
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.30
Excerpt: ...lor Didi Rashidi (“Rashidi”) commenced this action against Defendants ACTCA, a Member of the Alliance, Inc., and Lydie Hazan arising from allegations that Defendants misclassified Rashidi and failed to properly compensate Rashidi. After the Court sustained a demurrer to the initial complaint, Rashidi filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for various labor code violations, wrongful termination...
2019.4.30 Motion to Compel Release of Peace Officer Personnel Records 381
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.30
Excerpt: ...ghts action brought under 42 U.S.C. § 1983 against the County of Los Angeles Sheriff's Department and numerous individual deputies, Lenny K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged <0048000300260052005800 00030052005100030052[r about April 5 and April 6, 2012 (the “Underlying Action”). Plaintiff in pro per commenced this action against Defendants on February 14, 2017. On July 24, 2017, Plaintif...
2019.4.29 Demurrer 608
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.29
Excerpt: ... are GRANTED without leave to amend. The remainder of the motion is moot per the ruling on demurrer. Plaintiffs Gilbert Wayne Hedgpeth (“Hedpeth”), Raul Caiz Jr. (“Caiz Jr.”) and Raul Caiz Sr. (“Caiz Sr.”) (collectively “Plaintiffs”) are longtime boxing referees and judges who officiate professional boxing events. The Defendants California State Athletic Commission (the “Commission”) and Andrew Foster (“Foster”) (collectiv...
2019.4.29 Motion for Consolidation 943
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.29
Excerpt: ...ross-Complainant Beverson Construction & Masonry (“Beverson”), seeking $67,391.21 pursuant to a subcontract agreement to provide excavation and hauling services for the Project. Beverson is alleged to be the Project's prime contractor that entered into the subcontract with Tryco. On November 3, 2017, Beverson filed a Cross-Complaint against Tryco alleging breach of contract, claiming that Tryco refused to complete its contracted scope of work...
2019.4.12 Petition for Court Approval of Transfer 099
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.12
Excerpt: ...politan Insurance and Annuity Company ("Payment Obligor”) is the obligor and pursuant to which the Payment Obligor purchased an annuity contract from Metropolitan Life Insurance Company ("Payment Issuer") to fund the obligation pursuant to a structured settlement agreement. The Court initially continued this matter to allow re-service of an amended petition for compliance with Ins. Code section 10139(f)(2). Petitioner re-noticed the...
2019.4.11 Motion to Compel Deposition 672
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.11
Excerpt: ... compel the deposition of Keyes's person most knowledgeable (“PMK”). On March 28, 2019, Keyes filed an opposition. On April 2, 2019, Plaintiff filed a reply. Legal Standard Service of a proper deposition notice obligates a party or “party-affiliated” witness (officer, director, managing agent or employee of party) to attend and testify, as well as produce any document, electronically stored information, or tangible thing for inspection an...
2019.4.11 Motion for Terminating Sanctions and Monetary Sanctions 011
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.11
Excerpt: ...nced this action against Defendants Young Jin Yang (“Yang”) and Pink Guilliver, Inc. (collectively “Defendants”). The complaint alleges a single cause of action for open book account alleging Defendants owe Plaintiffs $139,366.46 plus interest. On December 10, 2018, the Court granted Plaintiffs' motion to compel discovery responses as to form interrogatories, special interrogatories, and requests for production of documents, and granted s...
2019.4.11 Demurrer, Motion to Strike 112
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.11
Excerpt: ...ts; (3) breach of duty of loyalty; (4) breach of fiduciary duty; (5) intentional interference with prospective economic advantage; (6) unlawful business practices; (7) conversion; (8) quantum valebant; (9) violation of Penal Code § 496; (10) aiding and abetting breach of duty of loyalty; and (11) aiding and abetting breach of fiduciary duty. Each cause of action was alleged against all defendants, except for the third and fourth alleged solely a...
2019.4.4 Demurrer 515
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.4
Excerpt: ...Park”) (collectively “Defendants”). The First Amended Complaint (“FAC”) arises out of a series of litigation over the control of Eden Hill, a non-profit religious organization. On December 5, 2018, the Court sustained Defendants' demurrer to the FAC as to the first and second causes of action with leave to amend and overruled it as to the third. On December 21, 2018, Plaintiffs filed a Second Amended Complaint (“SAC”), alleging 1) l...
2019.4.3 Motion for Attorneys' Fees 464
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.3
Excerpt: ...0051[e 20, 2018, the parties filed a stipulation to set aside the default. On August 17, 2018, The Court heard Defendant's motion to strike specific portions of the Complaint and to reclassify the action. The motion was denied as to the reclassification but granted the motion in strike in part as to certain identified language and damages requests. On November 2, 2018, Defendant made a statutory offer to compromise. On November 16, 2018, the part...
2019.4.3 Motion to Compel Deposition 773
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.3
Excerpt: ...zar Jr”), EBM Foam Corporation (“EDM”) and Foam Factory Inc. (“FF”). On May 14, 2018, FF/Alcazar filed a demurrer to each cause of action to the initial complaint. On June 22, 2018, the Court sustained the demurrer with leave to amend as to the first and third through fifth causes of action and overruled the demurrer as to the remaining causes of action. On July 12, 2018, Plaintiff filed the FAC, which alleged the same nine causes of ac...
2019.4.3 Motion to Strike 884
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.4.3
Excerpt: .... On January 2, 2019, the Court granted Defendants' motion to strike punitive damages with leave to amend. On January 22, 2019, Plaintiff filed a Second Amended Complaint (“SAC”), alleging the same causes of action. Plaintiff alleges that she has been a tenant at the subject property owned and managed by Defendants. Plaintiff suffers from arthritis in her knees and has difficulty with mobility, including maintaining her balance and walking. S...
2019.3.28 Motion for Leave to File Complaint 324
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.28
Excerpt: ...dant” or “Ramirez”) mother, purchased the Property. On March 18, 2011, Matilde entered into an oral agreement with Ramirez that Matilde would convey the Property without consideration to Maria Rosales (“Rosales”) and Ramirez. In exchange, Ramirez would granted Matilde a life estate in the Property, Ramirez would hold the property in trust for the benefit of Plaintiffs Karla Venegas (“Karla”), Samantha Vanegas (“Samantha”) and hi...
2019.3.28 Demurrer, Motion to Strike 688
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.28
Excerpt: ...��) (collectively “Plaintiffs”) filed a complaint against Defendants JM Capital Investments, LLC (“JMCI”), Kathy Macias (“Macias” or “Defendant”), Plainfield Pass Media, LLC (“Plainfield”), Marble Arch Entertainment, LLC (“Marble”), J. David Williams (“Williams”), and Miguel Lluis (“Lluis”) (collectively, “Defendants”). Plaintiffs' action arises from a series of loan agreements related to the funding of several...
2019.3.27 Motion for Terminating Sanctions 826
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.27
Excerpt: ...n. Trial is set to commence on September 17, 2019. On December 3, 2018, the Court granted Wells Fargo and Fannie Mae's (“Defendants”) motion to compel Plaintiff's Responses to Wells Fargo's Requests for Production Numbers 10-24. On January 31, 2019, Defendants filed the instant motion for terminating sanctions against Plaintiff for an alleged violation of that order. On February 20, 2019, Plaintiff filed a declaration apparently in respon...
2019.3.27 Motion for Sanctions 679
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.27
Excerpt: ...ngle cause of action for a violation of Lab. Code section 1198, which bars conditions of labor prohibited by orders of the Industrial Wage Commission (“IWC”). Plaintiff is a checker/cashier at a Ralphs grocery store. LaFace alleges that Ralphs and Kroger failed to provide her and other checkers/cashiers with seats required by Code Regs. tit. 8, sec. 11040 subd. 14 (“section 14”). On November 23, 2016, Ralphs answered. On March 4, 2019, Pl...
2019.3.26 Demurrer 741
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.26
Excerpt: ... Violeta Ventura et al. (“Plaintiffs”), tenants of the Premises, were instructed to leave their apartments for fumigation. Certain individual defendants made representations assuring Plaintiffs that it would be safe for them to leave their personal belongings and property on the Premises because security guards had been hired. On November 28, 2018, Plaintiffs returned to their apartments to find that they had been burglarized. Defendants, inc...
2019.3.26 Motion for Leave to File Amended Complaint 783
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.26
Excerpt: ...llywood Palladium (“the Palladium”). There, he fell over a railing attached to a second-floor balcony area, landing on the floor below. The railing on the balcony was only 36-36.5 inches in height, which failed to meet the minimum requirements for safety and created a dangerous condition. The Palladium provided guests with liquor near the second-floor balcony, making it more likely that guests would fall over the inadequate railing. Further, ...
2019.3.25 Demurrer, Motion to Strike 741
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.25
Excerpt: ...d 12048 S. Venice Blvd., Los Angeles, CA 90044 (the “Premises”). The Premises is in a documented high crime neighborhood. On November 26, 2018, Plaintiffs Violeta Ventura et al. (“Plaintiffs”), tenants of the Premises, were instructed to leave their apartments for fumigation. Certain individual defendants made representations assuring Plaintiffs that it would be safe for them to leave their personal belongings and property on the Premises...
2019.3.25 Motion to Quash Subpoenas 781
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.25
Excerpt: ...ion: (1) gender discrimination in violation of FEHA; (2) gender harassment in violation of FEHA; (3) disability discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) retaliation for exercising right afforded an employee (Lab. Code § 98.6); (6) retaliation for whistleblowing (Lab. Code § 1106.6 et seq.); (7) defamation/slander; and (8) intentional infliction of emotional distress. The second, seventh and eighth causes of...
2019.3.21 Motion to Compel Claims to Arbitration 651
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.21
Excerpt: ...y 26, 2018, alleging various tort and statutory causes of action relating to habitability. Plaintiffs allege that Defendants 11121 Arminta Street Inc., J.K. Residential Services, Inc., and Anil Mehta (“Defendants”) failed to timely abate known substandard housing conditions, including infestations of cockroaches and bed bugs, among other conditions. On May 25, 2018, Defendants answered. On December 19, 2018, Plaintiffs filed a First Amended C...
2019.3.20 Motion to Stay Proceedings 998
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.20
Excerpt: ...esignated Fielding as <0051004600480003005300 005500520058004a004b[ Aetna Life Insurance (the “Aetna Policy”). However, pursuant to the divorce, Defendant waived all interest in Decedent's pension and other benefits through Delta. In 2000, Plaintiff Lisa Marie Brooks (“Plaintiff”) and Decedent married and remained married until Decedent's death. In 2005, Delta filed bankruptcy and all insurance policies, pensions and benefit plans were te...
2019.3.19 Demurrer 478
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.19
Excerpt: ...ional misrepresentation; and 4) breach of fiduciary duty. The Complaint allege that Plaintiffs purchased a life insurance policy from Wang in October 2016. Wang was not a licensed agent at the time she sold the policies, but quickly became an <003a00440051004a000300 00470003004b00480055[self out as an agent for PFA as an insurance agent. Defendants approved Plaintiff's life insurance policy despite knowing that Plaintiff had heart issues. At leas...
2019.3.18 Demurrer, Motion to Strike 064
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.18
Excerpt: ... Holland Residential (California), Inc., Holland Partner Group Management, Inc., Holland Partner Group Operations, LLC, and Holland Partner Group Investments, LLC's demurrer is OVERRULED as to the first, second, third, fourth, seventh and ninth causes of action, and SUSTAINED with leave to amend as to the fifth, sixth and eleventh causes of action On August 16, 2018, Plaintiff Tammy Brokaw (“Plaintiff”) filed a complaint against Defendants Jo...
2019.3.15 Motion to Quash Service of Summons 818
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.15
Excerpt: ...3, 2018, Plaintiff filed the First Amended Complaint (“FAC”), alleging three causes of action for: 1) financial elder abuse, 2) conversion, and 3) negligence. Plaintiff alleges Ercilla, an employee of the Block Defendants, provided financial advice to Plaintiff and gained his trust. The Block Defendants represented Ercilla as a certified public accountant (“CPA”). Ercilla gained access to Plaintiff's checkbooks and convinced Plaintiff to ...
2019.3.15 Request for Default Judgment 451
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.15
Excerpt: ...aki (2014) 227 Cal.App.4th 879, 899-900 [“The only evidentiary facts that have a place at a prove-up hearing are those concerning the damages alleged in the complaint”]; see also Johnson v. Stanhiser(1999) 72 Cal.App.4th 357, 361 [a plaintiff merely needs to introduce evidence establishing a prima facie case for damages].) That said, Plaintiff now provides a more clear-cut request through his supplemental declaration, which list his damages a...
2019.3.12 Demurrer 703
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.12
Excerpt: ...(“Munyer”), who owned three properties suitable for the venture at 675 and 685 S. La Brea Ave. and 148 E. Spruce Ave., all in Inglewood. The parties agreed to an equal share of the acquisition. The Plaintiff, Jamison and Munyer executed the agreement on December 22, 2011, whereby Plaintiff would invest $300,000.00 of his own funds which would be repaid no later than May 10, 2014. Plaintiff later discovered that Jamison and Duffus deceived him...
2019.3.12 Motion to Compel Responses 143
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.12
Excerpt: ...ed this action against his landlord Defendant North Oak Real Estate Investments, Inc. and 3980 Moore St. LLC (“Defendants”). The First Amended Complaint (“FAC”) alleges eight causes of action for (1) premises liability; (2) dangerous condition of private property; (3) breach of contract; (4) IIED; (5) negligence; (6) violation of Civ. Code § 1942.4; (7) breach of warranty of habitability; and (8) nuisance. Plaintiff <0046004b000300140013...
2019.3.11 Demurrer, Motion to Strike 752
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.11
Excerpt: ...tober 1, 2018, Plaintiff Xiao Yan Bai aka Betty Bai (“Bai”), as attorney-in-fact for Jian Yi Yang (“Yang”), filed the instant partition complaint against Defendants Suk Joo Hyun (“Hyun”), Pacific City Bank (“PCB”), and all persons claiming any interest in the real property at issue. Plaintiff alleges four causes of action for: 1) land partition by sale; 2) accounting; 3) money had and received; and 4) conversion. The Complaint rel...
2019.3.11 Motion to Compel Responses 381
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.11
Excerpt: ...Brian Bush, failed to properly prosecute his civil rights action brought under 42 U.S.C. § 1983 against the County of Los Angeles Sheriff's Department and numerous individual deputies, Lenny K. Dykstra v. County of Los Angeles, et al., LASC Case No. BC541436, involving two alleged <0048000300260052005800 00030052005100030052>r about April 5 and April 6, 2012 (“Underlying Action”). Plaintiff in pro per commenced this action against Defendants...
2019.3.8 Motion to Compel Production of Investigative File 628
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.8
Excerpt: ...omplaint alleges eight causes of action for: sexual abuse of a minor intentional infliction of emotional distress, sexual battery, sexual harassment (Civ C. § 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 attending ...
2019.3.7 Demurrer, Motion to Strike 741
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.7
Excerpt: ...ses”). The Premises is in a documented high crime neighborhood. On November 26, 2018, Plaintiffs Violeta Ventura et al. (“Plaintiffs”), tenants of the Premises, were instructed to leave their apartments for fumigation. Certain individual defendants made representations assuring Plaintiffs that it would be safe for them to leave their personal belongings and property on the Premises because security guards had been hired. On November 28, 201...
2019.3.7 Motion for Attorneys' Fees 004
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.7
Excerpt: ...s”). The complaint alleges three causes of action for defamation per se, trade libel and intentional interference with prospective economic advantage. As alleged in the complaint, Rios was DDC's Controller in late 2017 through early 2018. While he was Controller of DDC, Rios also maintained his own construction company, Infill, without knowledge or approval of DDC. Rios, on behalf of himself and Infill, made certain false and defamatory stateme...
2019.3.6 Application for Default Judgment 370
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.6
Excerpt: ... Plaintiff is a former officer and shareholder. According to the Complaint, Sacchetti solicited and received money from Plaintiff and others as an investment into Clerc's. In return, Plaintiff was to be named an officer, director and shareholder of Clerc's. However, Sacchetti operated Clerc's as if she is the sole owner of the company. She misappropriated company funds for her own use and failed to pay monies owed to various suppliers...
2019.3.6 Motion for Judgment on the Pleadings 670
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.6
Excerpt: ...ons but not in the original complaint) (collectively “Defendants”). Plaintiff alleges that West-Ward is the f.k.a. of Hikma, though Defendants apparently dispute this. On September 13, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging eight causes of action for products liability related to a drug Defendants produced, prednisone. <0003004b00480003005a00 0055004c004500480047[ prednisone to treat his Crohn's Dise...
2019.3.5 Motion to Disqualify, to Dismiss 574
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.5
Excerpt: ...September 20, 2017, CCC filed the operative first amended complaint (“FAC”) against alleging two causes of action for breach of contract against 1502 Rockwood and fraudulent concealment against 1502 Rockwood and Moshe. On November 15, 2017, Plaintiff dismissed the FAC without prejudice as to Moshe only. The FAC alleges that on March 12, 2014, Defendants represented and warranted to Plaintiff that Defendants, as the buyer of the subject proper...
2019.3.4 Demurrer 112
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.4
Excerpt: ... initial complaint. On June 22, 2018, the Court sustained the demurrer with leave to amend as to the first and third through fifth causes of action and overruled the demurrer as to the remaining causes of action. On July 12, 2018, Plaintiff filed the FAC, which alleged the same nine causes of action as the complaint. On October 22, 2018, the Court again sustained FF and Alcazar's (collectively “FF/FA”) demurrer to the FAC with leave to amend ...
2019.3.1 Demurrer 220
Location: Los Angeles
Judge: Nieto, Patricia D
Hearing Date: 2019.3.1
Excerpt: ...bad Vafa, deceased since 2017 (“Ghobad”), to hide Ghobad's assets during his lifetime in order to avoid paying child support that Plaintiff was awarded for their son, Kevin. Plaintiff and Ghobad divorced in 1987. Vafa is Ghobad's son from his prior (first) marriage. Younessi is Vafa's uncle and Ghobad's ex brother-in-law. Plaintiff commenced this action against Defendants on February 15, 2018. The first amended complaint (“FAC”) alleged n...
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 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 ...
2019.2.28 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...
2019.2.27 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 ...
2019.2.27 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...
2019.2.26 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 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 ...
2019.2.25 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 ...
2019.2.22 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 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 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 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 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 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 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 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...
2019.2.19 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...
2019.2.8 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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