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Location: Los Angeles x
Judge: Osorio, Benny C x
2018.8.10 Motion to Strike 143
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...fornia 91010. Plaintiff allege from the inception of the tenancy, the property had multiple deficiencies and uninhabitable conditions, including faulty air condition and wiring, leaky faucets, unsafe water heater, leaky pipes, eroded drywall, etc. (Compl., ¶9.) The complaint, filed April 18, 2018, alleges causes of action for: (1) tortious breach of warranty of habitability (negligence); (2) tortious breach of warranty of habitability (intention...
2018.8.10 Motion for Summary Judgment 621
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...remises located at 537 A-D North Glendale Avenue, Glendale, CA 91206. They alleges that the parties entered into a 10-year tenancy agreement on March 7, 2001 with monthly rent of $21,205.00. Plaintiffs allege that Defendant was served with a 3-day notice to pay rent or quit on June 27, 2018. Plaintiffs allege that the total rent due at the time the notice was served was $108,599.64 and that the fair rental value of the premises is $1,390.27 per d...
2018.8.10 Motion for Summary Adjudication 866
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...ed judgments in its favor. Plaintiff claims that John Ahn has transferred assets in an effort to avoid paying the judgments. As a result, Plaintiff brought this action to seek remedies so that it can enforce its judgments by setting aside these fraudulent transfers, attaching the transferred assets, and obtaining injunctions to prevent further attempts to conceal or dispose of the property. The first amended complaint (“FAC”), filed March 16,...
2018.8.10 Motion for Relief from Waiver of Discovery Objections 101
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...ted an extension, such that responses were due on May 25, 2018. Defendant states that his counsel inadvertently calendared the due date as June 1, 2018 instead of May 25, 2018. (Thomas Decl., ¶4.) Defendant served responses with objections on May 31, 2018. (Id., ¶5, Ex. C.) On June 6, 2018, Plaintiff's counsel sent correspondence to defense counsel, indicating that the responses were overdue and objections were waived. (Id., ¶6, Ex. D.) The pa...
2018.8.10 Motion for Protective Order 729
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...M Custom Floors, Inc. This consolidated action also includes various cross-complaints. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald for assault and battery, wherein he alleges he was physically attacked by Daniel McDonald on December 24, 2016. Cross-Complainant M&M Custom Floors, Inc. filed a cross- action against Zachary McDonald, Daniel McDonald, Evelyn McDonald, and Livin' Right Floors, Inc. ...
2018.8.10 Demurrer, Motion to Strike 467
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...fs allege the school operations lead to excessive noise, as dozens of very young children and their parents converge on the pool throughout the day. (Id., ¶18.) Plaintiffs also allege that it creates hazardous parking, as their neighborhood is unfit for the number of cars that arrive. (Id., ¶22.) Plaintiffs allege that Defendants were previously sanctioned in 2017 by the Los Angeles Department of Building Services for unlawfully operating a hom...
2018.8.10 Motion to Enforce Arbitration, Demurrer, Motion to Strike 545
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...k Holdings, LP (“Defendants”), where Plaintiffs agreed to buy and Defendants agreed to sell property located at 10446 Scoville Avenue in Sunland, California. Under the provisions of the Agreement, the anticipated closing date of the sale was 60 days after acceptance of the Agreement. Plaintiffs allege that Defendants materially breached the Agreement by anticipatory repudiation and attempting to cancel the Agreement. The complaint, filed Apri...
2018.7.27 Motion for Summary Judgment, Adjudication 297
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...odge Dart for $18,700.00 and on that same day, he was rear-ended. He alleges he took the vehicle to a repair shop and Defendant State Farm Mutual Automobile Insurance Company Inc.'s (“Defendant”) representative estimated that the vehicle was a total loss, such that Defendant declined to repair it. Defendant offered Plaintiff $13,740.00 for the settlement of property damage. Plaintiff alleges that while he was negotiating with Defendant, the v...
2018.7.27 Demurrer, Motion to Strike 975
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...CA 91101 (“Kevorkian Property”) owned by Defendants Abraham Kevorkian (“Kevorkian”) and Nancy Odesho (“Odesho”). Plaintiff alleges that the Kevorkian Property has always benefited, as the dominant tenement, over the Hastings Property with a 30-foot wide recorded easement. Plaintiff filed this lawsuit against Defendants to enjoin them from using the easement for anything other than ingress and egress, in view of their history of parkin...
2018.7.27 Motion for Right Attach Order, Writ of Attachment 721
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...Rostamian (“Rostamian”), who told her that she would not need a student loan, but should instead increase her credit limits for all of her credit <0046004400550047005600 00030044004700590044[nces. Defendants sought a fee of 15% of the total amount of cash advances withdrawn. Once all of the credit line increases were approved, Rostamian went with Plaintiff to the bank to make the cash advance withdrawals. She alleges Rostamian took possession...
2018.7.27 Motion to Compel Further Responses 207
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...s-complaint against Plaintiff for: (1) breach of contract; (2) promissory estoppel; (3) intentional misrepresentation; and (4) negligent misrepresentation. Plaintiff filed two motions to compel further responses against Defendant for: (1) form interrogatories, set one (“FROG-1”); and (2) form interrogatories – employment law, set one (“FROG-Employment”). Defendant opposes. DISCUSSION A. Meet and Confer, and Supplemental Responses Plaint...
2018.7.20 Motion to Compel Deposition Compliance 905
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...nd expenses incurred by Plaintiff would be paid. Plaintiff alleges that Zhang did not have the power to issue, endorse, or cash company checks without the express authorization of Plaintiff's CEO, Lei Lei Wang (“Wang”). On November 20, 2015, Zhang allegedly obtained possession of Plaintiff's checks, wrote himself a check for $9,000.00, and cashed it. The complaint, filed January 27, 2016, alleges causes of action for: (1) fraud; (2) unjust en...
2018.7.20 Motion to Compel Deposition 243
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...rsuant to a lease agreement. Defendant Lexington Park Homeowners Association (“Lexington”) is the owner of the condominium complex, Defendant Garo Mardirossian (“Mardirossian”) is the landlord, and Defendants Margaret and Martik Martirossian (“Martirossian Defendants”) owned Unit 213. Plaintiffs allege that Unit 313 was not habitable and had numerous issues (i.e., mold, nails sticking out, missing carbon monoxide detectors, etc.), inc...
2018.7.20 Motion to Change Venue 925
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...e purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the card. Plaintiff alleges that Defendants became indebted to Plaintiff in the sum of $27,090.90. The complaint, filed January 29, 2018, alleges causes of action for: (1) common counts: book account, account stated; and (2) quantum meruit – reasonable value. <002a005800440051004a00 00510057004800550048>d. On June 28, 2018, the Court noted in its min...
2018.7.20 Demurrer, Motion to Expunge Lis Pendens 129
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ... which was recorded that day. She alleges that Countrywide Home Loans Inc. was the original lender of the loan, and that the loan/account/deed of trust was pooled into a securitized trust labeled “BANK OF NEW YORK MELLON MORTGAGE SECURITIES TRUST 2005-K” with a closing date in 2005. Defendant Bank of New York Melon (“BONY”) was then allegedly assigned Countrywide's interest on December <0048000300370055005800 002e0011000300030027[efendant...
2018.7.20 Demurrer 061
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...rvices, Inc. in the amount of $315,000.00 on September 19, 2005 by executing a promissory note, secured by a deed of trust (“DOT”) on the property. (Compl., ¶9, Ex. A [DOT].) Plaintiffs allege their current servicer and/or beneficiary of the mortgage loan is Defendant Wells Fargo Bank, N.A. (“Defendant”). On August 11, 2017, a Notice of Default (“NOD”) was recorded on the property by Defendant without prior notice. (Compl., ¶30, Ex....
2018.7.13 Motion to Tax Costs 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...2015, which caused Decedent's death. The complaint, filed December 13, 2016, alleges causes of action for: (1) negligence- wrongful death; and (2) negligence – res ipsa loquitur. On May 4, 2018, the Court granted Defendant's motion for summary judgment, or in the alternative, summary adjudication. The Court signed the Judgment on May 15, 2018, finding that Plaintiffs take nothing and that judgment was entered in favor of Defendant. The Judgment...
2018.7.13 Motion to Tax Costs 023
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...led to pay for legal services that Plaintiff provided to them under a written retainer agreement. The first amended complaint alleges causes of action for: (1) breach of contract; and (2) quantum meruit. On April 30, 2018, the dismissal of Defendant Eugene T. Lombardi as to all causes of action remaining was entered. On May 11, 2018, Eugene T. Lombardi, in pro per, filed a memorandum of costs, seeking <0052005a004c0051004a00 1d>  Filing and Mo...
2018.7.13 Motion to Stay or Continue Trial 281
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...sadena Police Department (“Police Department”) is alleged to be a subdivision of Defendant City of Pasadena (“City”). (Id., ¶5) Defendant Michael Beck (“Beck”) is alleged to be a city manager for Pasadena, and Defendant Phillip Sanchez (“Sanchez”) is alleged to be the chief of police for the City's Police Department. (Id., ¶¶6-7.) <000300150016000f000300 004f004c004600480003[Department received a false complaint that Plaintiff ...
2018.7.13 Motion to Set Aside Dismissal 327
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...ted to Plaintiff in the sum of $27,377.34. The complaint, filed March 27, 2018, alleges causes of action for: (1) common counts: book account, account stated; and (2) quantum meruit – reasonable value. No proof of service of the summons and complaint have been filed in this action. On June 12, 2018, no appearances were made for the Order to Show Cause Regarding Failure to File Proof of Service of Summons and Complaint. The Court's minute order ...
2018.7.13 Motion to Quash Deposition Subpoenas 767
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...igence; (2) negligence per se; and (3) statutory liability. Plaintiff filed two motions to quash Defendant's deposition subpoenas, seeking medical and billing records. The deposition subpoenas were issued on: (1) Bienvenidos Community Health Center; and (2) Dr. Jose Perez, M.D. Defendant opposes. The Court notes that it is not in receipt of an opposition brief to the motion regarding Dr. Perez, though Defendant has filed declarations in support o...
2018.7.13 Motion to Consolidate 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: .... BC608801) arises from Ambiance's claim that it suffered damage to its property when a water tank that had been sold, installed, and serviced by Eversoft exploded and flooded the premises. This case was filed on February 2, 2016 and is currently assigned to this department. The Ohio Security action is a subrogation action. Ohio Security Insurance Company alleges that it insured Ambiance at the time of the loss and alleges that Eversoft and Indus...
2018.7.6 Motion for Attorney's Fees, to Seal 049
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.6
Excerpt: ...ta Lathrop (“Owners”) contracted to sell the property to Urban Box, LLC, who assigned its right to purchase the property under a purchase agreement to UB Valley Village, LLC (“UB Valley”). The first action, Getz v. Edwards <002d004800510051004c00 49004800550003[ Getz (“Getz”) on May 7, 2015, against the Owners. Getz, a tenant and property manager at the property, alleged she had been promised a right of first refusal to purchase the p...
2018.7.6 Motion for Reconsideration, to Set Aside Order Granting Demurrer 889
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.6
Excerpt: ...emises. On June 15, 2017, Plaintiffs took possession of the premises under a month-to-month lease agreement. They allege that the premises lacked an air conditioning system, which caused Fay Eun Joo Park to become ill. They allege that despite putting Defendants on notice of the defective conditions, Defendants failed to correct the issue. The complaint, filed December 6, 2017, alleges cause of action for: (1) tortious failure to provide habitabl...
2018.7.6 Motion for Summary Judgment, Adjudication 363
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.6
Excerpt: ...s. While on the voyage, Plaintiff's hand became seriously infected. Plaintiff alleges Defendant Asylum Entertainment (“Defendant”), through its producer and camera crew, had essentially taken charge of the vessel, and was therefore responsible for Plaintiff's medical care. Plaintiff alleges Defendant delayed providing Plaintiff with medical relief, misrepresented that medical relief was on its way, and ultimately arranged for Plaintiff to be ...

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