Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

29 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Nishimoto, Cary x
2023.12.29 Motions to Set Aside Default, to Dismiss, to Vacate Judgment 775
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.12.29
Excerpt: ..., they are denied. This case arises from a multivehicle traffic accident on July 13, 2016, at the intersection of Jefferson and Culver Boulevard in Los Angeles. Plaintiff Barnes and her husband filed a complaint on July 7, 2023. Plaintiff Barnes is seeking emotional distress etc., as a result of witnessing the fatal accident. Plaintiff Naughton's claim is for loss of consortium. The matter was assigned for trial to Department Southwest SWE in Tor...
2023.12.29 Motion to Tax Costs 636
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.12.29
Excerpt: ...es, Motion to Tax, Denied. Plaintiff argues that defendant is a governmental agency and therefore under Government Code §6103(a), shall not “pay or deposit any fee for the filing of any document or paper. . . “. There having been no worksheet submitted in addition to defendant's memorandum of costs summary, defendant's costs were not itemized. No proof or documentation in support of these alleged costs have been made in spite of plaintiff's ...
2023.06.28 Motion to Tax Costs 306
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.06.28
Excerpt: ... to the conduct of the litigation. Defendants are claiming costs for defendant Johnson's answer to complaint, defendants' five applications to continue trial; several motions to compel discovery; application to be admitted Pro Hac Vice; motions to exclude experts, all of which should be taxed $2,140.00. Plaintiff's motion to tax is conclusory and fails to provide a cogent reason to support the assertion that these were unnecessary and unreasonabl...
2023.06.28 Motion to Set Aside Default, to Dismiss, to Vacate Judgment 775
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.06.28
Excerpt: ..., they are denied. This case arises from a multivehicle traffic accident on July 13, 2016, at the intersection of Jefferson and Culver Boulevard in Los Angeles. Plaintiff Barnes and her husband filed a complaint on July 7, 2023. Plaintiff Barnes is seeking emotional distress etc., as a result of witnessing the fatal accident. Plaintiff Naughton's claim is for loss of consortium. The matter was assigned for trial to Department Southwest SWE in Tor...
2023.06.07 Motion to Strike 811
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.06.07
Excerpt: ...r to tax costs. California Rules of Court, Rule 3.1700(b)(1). This motion was heard on June 7, 2023, in Department SWE. The court finds and orders $29,797.00 taxed/stricken, as discussed hereinafter. Motion was filed 5.16.2023. It was served May 10, 2023, per proof of service. The hearing date is June 7, 2023, and the motion was required to be filed 21 days before the hearing, that is 16 days + 5 calendar days if served by mail within California....
2023.06.07 Motion to Set Aside Default 775
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.06.07
Excerpt: ..., they are denied. This case arises from a multivehicle traffic accident on July 13, 2016, at the intersection of Jefferson and Culver Boulevard in Los Angeles. Plaintiff Barnes and her husband filed a complaint on July 7, 2023. Plaintiff Barnes is seeking emotional distress etc., as a result of witnessing the fatal accident. Plaintiff Naughton's claim is for loss of consortium. The matter was assigned for trial to Department Southwest SWE in Tor...
2023.03.10 Motion to Set Aside Default Re Motion to Dismiss 775
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.03.10
Excerpt: ..., they are denied. This case arises from a multivehicle traffic accident on July 13, 2016, at the intersection of Jefferson and Culver Boulevard in Los Angeles. Plaintiff Barnes and her husband filed a complaint on July 7, 2023. Plaintiff Barnes is seeking emotional distress etc., as a result of witnessing the fatal accident. Plaintiff Naughton's claim is for loss of consortium. The matter was assigned for trial to Department Southwest SWE in Tor...
2023.01.27 Motion to Tax Costs, to Strike 313
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.01.27
Excerpt: ...s. Plaintiff contends: 1. that Alpha Beta is not listed as the moving party defendant and therefore under state and federal due process and California Rules of Court Rule 3.1700, plaintiff does not know who is claiming costs. Defendants' memorandum of costs served on plaintiff 11.15.2022 identifies Alpha Beta Company dba Food 4 Less as the prevailing party. Plaintiff was present and participated in litigation, discovery and trial and cannot reaso...
2023.01.25 Motion for Reconsideration 775
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2023.01.25
Excerpt: ...missal with prejudice and *Motion of plaintiffs BRENDA BARNES & PETER NAUGHTEN for reconsideration. The COMPLAINT in this matter was filed 7.17.2017. This matter was assigned for trial to Department SWE on Monday, November 28, 2022. FIRST APPEARANCE: 1:30 November 28, 2022. Complaint Allegations: Motor vehicle personal injury accident on July 13, 2015, at the intersection of Culver and Jefferson, Los Angeles. A motorcyclist (who is not involved i...
2022.10.07 Motion to Tax Costs 156
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2022.10.07
Excerpt: ...re “reasonable in amount”. CCP §1033.5(c)(2)‐(3) CA(4) (4) HN4 “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are [***21] properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. ( Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624 [134 Cal...
2022.02.09 Motion to Tax Costs 847
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2022.02.09
Excerpt: ...lision was filed 10.15.2018 and resulted in a jury trial verdict of $17,502.03 for plaintiff after a finding of 50% liability each for plaintiff and defendant. Substantially before trial, defendant Harris served two CCP §998 offers on plaintiff neither of which was accepted. (*) Plaintiff complains that defendant is not the prevailing party because his medicals at the time of service of the Offers to Compromise, were triple the amount of defenda...
2022.01.13 Motion for New Trial 847
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2022.01.13
Excerpt: ... four categories of alleged error are in effect consolidated by plaintiff into two issues: inadequate damages and prejudice in allowing defense expert Michalski to testify. DEFENSE EXPERT NANCY FRASER MICHALSKI: Motion in limine number one to exclude the testimony of defense medical billing expert was heard and denied prior to trial and plaintiff simply re‐argues there is no factual or legal foundation for her opinions, specifically that she is...
2022.01.11 Motion to Tax Costs 639
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2022.01.11
Excerpt: ... Freeway in the city of Pasadena. Plaintiff's lawsuit against defendants was filed April 24, 2018, and a first amended complaint on June 20, 2018, alleging negligence as to Marek Delgado and negligent entrustment against José Delgado. Plaintiff represented that he was going to dismiss Marek Delgado and focus on the defendant vehicle owner Jose Delgado. Marek Delgado was then dismissed on defendants' motion. Defendants are the prevailing party wi...
2021.12.10 Motion for New Trial, for Judgment Notwithstanding the Verdict 639
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2021.12.10
Excerpt: ...he evidence to justify the verdict. In assessing this motion, the court evaluates the evidence as a whole and weighs the evidence sitting as an independent trier of fact. Neal v. Farmers Ins. Exchange (1978) 21 Cal. 3d. 910, 933. Plaintiff also claims that defense counsel argued improperly regarding plaintiff's decision not to call certain witnesses. While plaintiff contends that it is improper to comment on a party's failure to call a witness wi...
2020.07.28 Motion for New Trial 281
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2020.07.28
Excerpt: ...and excepted to the party making the application. CCP §657(7). DISCUSSION Plaintiff explains that the court excluded all pictures of the damage to the vehicles involved in this accident. Contrary to plaintiff's assertion, some of the photographs were admitted into evidence. This was done to avoid jury speculation. Most of the photographs of said vehicle damage were excluded because plaintiff's basis for offering them to the jury was for the jury...
2020.03.16 Motion to Tax or Strike Costs 302
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2020.03.16
Excerpt: ....22.2019 the clerk of the court filed and served Notice of Entry of Judgment on Plaintiff. On December 9, 2019, defendants filed and served their Memorandum of Costs. California Rules of Court §3.1700(a)(1) requires a memorandum of costs within 15 days of mailing the notice of entry, etc. In this instance, the 15 th day fell on Saturday, December 7, 2019 and therefore the next court day was Monday, December 9, 2019. See CCP §12a for computing d...
2020.01.29 Motion for New Trial 225
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2020.01.29
Excerpt: ...reenstone Panatier, PC, 3780 Kilroy Airport Way, Suite 540 1201 Elm Street, Suite 3400 Long Beach, California 90806 Dallas, TX 75270‐2126 DEFENDANTS JOHNSON & JOHNSON and JOHNSON & JOHNSON CONSUMER, INC., A SUBSIDIARY OF JOHNSON & JOHNSON ATTORNEY JOHN EWALD ATTORNEY WARRINGTON PARKER c/o Orrick Herrington & Sutcliff c/o Orrick Herrington & Sutcliff LLP 51 West 52 nd Street 405 Howard Street New York, NY 10019‐6142 San Francisco, CA 94105 For...
2020.01.13 Motion to Strike or Tax Costs 468
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2020.01.13
Excerpt: ...ere is no authority supporting denial under these circumstances. ITEM 4 “Deposition Costs” $2,267.00, granted in part. Plaintiff's counsel testifies that two depositions were taken, plaintiff's deposition ($486.00) and Dr. Douglas Collins (listed twice as $169.00 and $763.00), not the others on the cost memorandum such as Soraya Shaham, Bal Rajagopalan, M.D. and Jennie McNulty. CCP §1033.5(a)(3)(A) permits “Taking, video recording, and tra...
2019.9.9 Motion to Tax Costs 143
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2019.9.9
Excerpt: ...d Item 11 Court Reporter fees $1,837.50. “Code Civ. Proc. § 1032 permits a prevailing party to recover costs in any action or proceeding. Code Civ. Proc., §1033.5 sets out a list of items allowable as costs under Code Civ. Proc. §1032. Code of Civil Procedure § 1033.5(c) states in pertinent part: “Any award of costs shall be subject to the following: Allowable costs shall be reasonably necessary to the conduct of the litigation rather tha...
2019.8.26 Motion for Attorney Fees 912
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2019.8.26
Excerpt: ...alleges an assault <016f011e01900003012801 018c011e0176019a011eLd subject <019a015a0003003e000400 035803ec03f50003L “Evictions” and specifically §151.09(3) which defines “nuisance” as occurring at/or<039103ef00030189018c01 7d01c0015d011a011e01900003L that the term “nuisance” includes “violent crime” which requires a police report be taken. No police report here. Further, plaintiff Simany is not the owner of the subject property, ...
2019.8.14 Motion to Tax Costs 090
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2019.8.14
Excerpt: ... McCrary to tax the Memorandum of Costs filed by plaintiff Salwa Girgis pursuant to CCP §998, CCP §1032, CCP §1033.5 and to California Rules of Court, Rule 3.1700. Costs claimed by plaintiff: $1,454.70 Jury Fees; $5,000.00 Ordinary <03ec03f000030044017d01 016f0102018c0150011eLments and Exhibit Photocopies; $7,325.50 Court Reporter; $2,185.00 Interpreters; $2,653 Depositions. TOTAL $110,603.00. FINDING AND RULING: TAX $87,607.04 of plaintiff's ...
2019.8.6 Motion for Attorney's Fees 570
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2019.8.6
Excerpt: ...12801 7d018c011e0003L <000301c1015a015d011001 01900003011001020190Le <019001900102016f000301 L <01c1017d018c011a000303 0102016f035f0003L but rather uses the word “judgment”. <0003019a015a011e000301 01760150000301890102Lrty under Civil Code §1717(b)(2) indicating “where an action has been voluntarily dismissed . . .there shall be no prevailing party for purposes of this section.” (emphasis added.) <01900003010f011e011e01 011a0003L therefo...
2018.8.10 Motion for Attorney's Fees 893
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2018.8.10
Excerpt: ...ings and different courthouses and could or should have been resolved early on. While defendant has been making settlement offers, plaintiff reportedly made no counter‐offers until shortly before trial in this Department, a point which plaintiff does not dispute. Upon trial, defendant prevailed on its affirmative defenses and was awarded relocation expenses. Defendant's attorney fees of <0003018c011e0102019001 0176011a00030176011eLcessary for t...
2018.7.17 Motion to Tax Costs 376
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2018.7.17
Excerpt: ...s after the date of mailing of the notice of entry of judgment or dismissal by the clerk under CCP §664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180‐ after entry of judgment, whichever is first.” Judgment here was entered 9.02.2015. However, the court notes that on 10.30.2015 the court in Department A of the North East District in Pasadena heard defendant's motion for attorney's fees of $31,080....
2018.6.28 Motion for Attorney Fees 877
Location: Los Angeles
Judge: Nishimoto, Cary
Hearing Date: 2018.6.28
Excerpt: .... The owner of the subject premises was thereby directed to hire a new but qualified property manager. <0003009700900083008500 0003> conduct by defendant's husband, a three-day notice to quit was served. CCP §1032(b) provides for prevailing party attorney fees and CCP §1033.5(a)(10), (b)(5) provides for contractual attorney fees to the prevailing party. Plaintiff contends its hourly rate fees were incurred in connection with counsel's legal ser...

29 Results

Per page

Pages