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Judge: Osorio, Benny C x
2018.7.13 Motion to Compel Discovery Responses, Request for Sanctions 645
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ... 2016, where Defendants agreed to pay Plaintiff all amounts due in exchange for a loan made by Plaintiff to Defendants. Plaintiff alleges that on January 6, 2017, Defendants breached the agreement by failing to make payments due, such that there is an outstanding balance of $122,547.52, plus interest. The complaint, filed December 5, 2017, alleges causes of action for: (1) breach of contract; and (2)-(4) common counts. Plaintiff filed 2 motions t...
2018.7.13 Motion to Compel Deposition, for Terminating Sanctions 144
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...ruction, investment, and sale of real properties. Yegiyants alleges that Hratchia Bardakjian owed money to Yegiyants in unpaid dividends, distributions, and profits from Plaintiff 10415 Commerce, LLC. Yegiyants claims in excess of $1.6 million. Yegiyants also alleges that on June 22, 2008, Hratchia Bardakjian became the record owner of real property at 703 E. Angeleno Avenue in Burbank, but that he conveyed the property to his brother, Defendant ...
2018.7.13 Motion to Compel 729
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...tom 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. (“M...
2018.7.13 Motion for Writ of Possession 961
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...ue in this action, which is located at 828 West Altadena Drive, Altadena, CA 91001. Decedent and Defendant had held title to the property as husband and wife in joint tenancy, but according to the judgment of dissolution of marriage entered on September 6, 2002, the parties were to sell the property and divide the proceeds. Plaintiff alleges that the property has not yet been sold. The verified complaint, filed November 2, 2016, alleges causes of...
2018.7.13 Demurrer, Motion to Strike 707
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...hat he had health insurance with Defendant Blue Shield of California (“Blue Shield”) from 2010 to 2016. In 2013, Plaintiff alleges he suffered from back pain and Blue Shield provided Plaintiff with a medical doctor, who then brought in Dr. Wagmeister to assist. He alleges that the 2 doctors performed surgery on him on February 13, 2014. He alleges he began receiving demands for payment from Dr. Wagmeister, which Blue Shield refused to provide...
2018.7.12 Motion to Strike, Request for Attorney's Fees 007
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.12
Excerpt: ...ipes, Inc. based on Plaintiffs/Cross-Defendants Andreh Koygani, Hovik Grigorian, and Secret Recipes, Inc.'s (“Cross-Defendants”) default under a lease agreement for property located at 933 N. Brand Blvd., Glendale, CA 91202. Cross- Complainants allege they are the owners of a long-term ground lease and building for the commercial property there. Cross-Complainants allege that Cross-Defendants failed to pay monthly rental payments due and were...
2018.6.29 Motion to Continue Trial 325
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ... school operated by Defendant Leeway School for Educational Therapy (“Leeway”). Trial was originally set for April 2, 2018. On November 7, 2017, the Court granted Leeway's ex parte application to continue trial, and continued trial to September 10, 2018. On June 01, 2018, Leeway filed the instant motion to continue trial again, for approximately three months. Plaintiffs do not oppose the motion. Sergio has not appeared in the action, and thus...
2018.6.29 Motion to Clarify Status of Judgment, to Vacate, to Set Aside Costs 265
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ...collision that occurred on April 17, 2011 between Plaintiff Samuel Morales (plaintiff in the EC058265 action) and Plaintiff Karim Christian Kamal (“Kamal”, plaintiff in the EC058416 action). Kamal filed his action against Defendant County of Los Angeles (“COLA”) alleging a dangerous condition of public property existed. COLA filed a motion for summary judgment asserting design immunity and sign immunity, which was granted by the Court. Ju...
2018.6.29 Motion for Leave to File Complaint 203
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ...he Chief Executive Officer and President. Hsieh became the Chief Financial Officer, Vice President, and Secretary. In the operative First Amended Cross-Complaint, Cross-Complainant Slim Grow Corp. alleges Hsieh failed to appear for work, focused on her own personal business ventures, used Cross-Complainant's resources for her own benefit, and diverted her salary to her husband. Based on the foregoing, Cross-Complainant asserts causes of action fo...
2018.6.29 Demurrer, Motion for Leave to File Complaint 509
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ...ebruary 2017, and refused to release it to her. The complaint, filed October 24, 2017, alleged causes of action for: (1) intentional tort (trespass to chattel); (2) fraud (fraudulent misrepresentation); (3) fraud (negligent misrepresentation); and (4) intentional tort (conversion). On March 9, 2018, Defendant demurred to the complaint. The Court sustained the demurrer with leave to amend as to the second and third causes of action, and overruled ...
2018.6.22 Demurrer, Motion to Strike 785
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ...fendant authorized out-of-contract treatment for those patients, but subsequently paid only $502,740.28 of the $1,738,004.78 owed. Defendant justified this lower payment on the ground that, pursuant to 28 Cal. Code Regs. § 1300.71, it owed only the amount specified in the Evidence of Coverage (“EOC”) provision in Defendant's insurance policies with its patients. Plaintiff initially brought suit on May 31, 2017, alleging causes of action for ...
2018.6.22 Motion for Leave to File Complaint 805
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ...Haroutunian (“Haroutunian”) to avoid the judgment. On October 3, 2013, Plaintiff received an “Order, Decision or Award of the Labor Commissioner” of the State of California for $66,756.57 for unpaid wages against Nelly and <00b30026004f0048005500 00460048000300520049[ Entry of Judgment” was made on the order under LASC Case No. LS024960. The original complaint was filed on December 15, 2015, against Nelly and Haroutunian only, and asser...
2018.6.22 Motion for Leave to Intervene, File Answer and Complaint 183
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ... alleges that Defendant told him that she would transfer 50% interest in the premises to Plaintiff upon receiving $100,000 from him. Plaintiff alleges that on April 24, 2017, in reliance upon these representations, he gave Defendant several checks totaling $100,000. However, Defendant did not grant 50% interest in the property to Plaintiff. The complaint, filed October 3, 2017, alleges causes of action for: (1) quiet title; (2) declaratory relief...
2018.6.22 Motion to Compel Arbitration, Stay Civil Court Proceedings 123
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ...derlying case, Gleason's home was burned down because his dog knocked over his barbecue grill. The home was insured by a policy bought by Defendant Wells Fargo Bank, N.A. (“Wells Fargo”), which it purchased with American Surety Insurance Company (“Assurant”) in order to protect itself, since Gleason refused to purchase separate insurance. Following the fire, Assurant and Wells Fargo refused to deal with Gleason. Plaintiff ultimately negot...
2018.6.22 Motion to Compel Discovery Responses 663
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ... Will and Testament dated June 10, 1982 (the “Will”). Plaintiffs Nancy Kelley and William Burton Adams (“Plaintiffs”) allege that Decedent intended to dispose of all of their property by the Will and the survivor of the Will would not be able to change the terms of the joint and mutual Will. At the time of Decedent's death, Decedent and Miller-Trepp owned real and personal property, including real property at 11223 Danbury Street, Arcadia...
2018.6.15 Petition for Preliminary Injunction 129
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ... recorded that day. (Id., ¶¶13-14.) She alleges Defendants initiated foreclosure proceedings against the home through the execution and service of a Notice of Default and Election to Sell under the Deed of Trust, which was recorded on August 14, 2017. (Id., ¶15.) She alleges Defendants also furthered their foreclosure attempts by executing and serving multiple Notices of Trustee Sales, last recorded on November 17, 2017. (Id., ¶16.) She alleg...
2018.6.15 Motion to Vacate Default, Judgment 649
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...filed June 6, 2017, alleges causes of action for: (1) quiet title to real property; and (2) declaratory relief. <0051005700480055004800 00570003002700480049[endants Mary Ann Parmelee, Sedona Properties, LLC, and Eighty Twenty Three LLC. The complaint was dismissed as to Defendant Teylez Perez only. On January 5, 2018, the Court entered judgment in favor of Plaintiff such that Plaintiff holds title to the said property as a single man, and all oth...
2018.6.15 Motion to Reclassify 243
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...uant 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.), inclu...
2018.6.15 Motion to Consolidate 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ... 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 Industrial Water Conditioning (“IWC”) were negligent with ...
2018.6.15 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...Bailey (“Decedent”), who died on October 7, 2015. They allege that Decedent began receiving medical treatment from various healthcare Defendants in 2015. They allege that each of the Defendants were negligent and committed malpractice with regard to their care of Decedent. The complaint, filed December 16, 2016, alleges a single cause of action for medical malpractice. Defendant Jiaxiong (Josh) Weng, M.D. (“Dr. Weng”) moves for summary ju...
2018.6.15 Demurrer, Motion to Strike 481
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...ndant NAPA Industries, LLC (“NAPA”). Plaintiff then received notices from NAPA that she needed to vacate the property and that it would assist her with relocation costs. Plaintiff brought this action to claim that her lease agreement was breached, that she was forcibly evicted, and that Defendants had intentionally inflicted emotional distress on her. The first amended complaint (“FAC”), filed January 31, 2018, alleges cause of action for...
2018.6.15 Application to Appear as Counsel Pro Hac Vice 027
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ... the Califomia couffs approval: appear as counsel pro hac vice in a pending case if an active of the state bar is associated as attomey of record. (CRC Rule 9 40(a)_) Counsel is a in standing, of the State Bar of Ohio. (Mulrane Decl_, "13-4_) In addition, Counsel is not a resident of the State of California: is not regularly employed in the State of Califomia_ and is not engaged in substantial business, professional or other activities in the Sta...
2018.6.1 Motion to Quash Service of Summons 207
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...(1) breach of warranty of habitability; (2) breach of warranty of quiet enjoyment; (3) nuisance; (4) violation of Civil Code, §1941.1, et seq.; (5) negligence; and (6) IIED. Specially appearing Defendant Royal Garden Apartments Inc. (“Defendant”) moves to <008600170014001b001100 0011000300030033004f[aintiffs oppose. LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court ...
2018.6.1 Motion to Consolidate 729
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...1048(a) provides that the Court may order a joint trial on matters that “involve[] a common question of law or fact.” Both matters involve similar parties. In McDonald action, the parties are Plaintiff/Cross-Defendant Zachary McDonald; Defendants/Cross-Complainants McMillan and M&M Custom Floors, Inc.; Defendant M&M Custom Flooring; and Cross- Defendants Daniel McDonald, Evelyn McDonald, and Livin' Right Floors, Inc. The McDonald action invol...
2018.6.1 Motion to Compel Further Responses 715
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...ctively, “Defendants”) to represent them in a legal action to recover damages arising from an electrocution incident. Plaintiffs allege they suffered damages because Defendants failed to exercise proper care and skill in the matter. The complaint was filed on May 4, 2017. Plaintiffs filed a motion to compel further responses against McNully to form interrogatories (“FROG”), set one. McNully opposes. DISCUSSION A. Separate Statement The qu...

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