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2018.6.1 Motion for Writ of Possession 961
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...e 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 ...
2018.6.1 Motion for Sanctions 265
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ... 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. Judgment was entered on March 13, 2015. The Court of Appeal for the Second District affirm...
2018.6.1 Demurrer, Motion to Strike 765
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...l, Inc. dba Vista Cove Care Center at San Gabriel, and Vista Cove Senior Living LLC (“Defendants”). On September 21, 2016, Plaintiff had been admitted to the hospital emergency room after suffering a hemorrhagic stroke. From September 30, 2016 to November 18, 2016, Plaintiff was admitted as a resident to Defendants' nursing home. During his time, Plaintiff alleges that he suffered multiple falls, but that Defendants' staff failed to meet his ...
2018.6.1 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...nt 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 Wes J. Powell, M.D. (“Dr. Powell”) move for summary judgment on the grounds that: (1) he complied with the applicable standard of care; (...
2018.5.25 Motion to Vacate Dismissal 707
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...on March 28, 2018. On March 28, 2018, Plaintiff filed the first amended complaint (“FAC”) against Dr. Wagmeister for: (1) fraudulent failure to disclose; and (2) CMIA (Civil Code, §56 et seq.). Plaintiff alleges that he had health insurance with Blue Shield of California from 2010 to 2016. In 2014, Plaintiff alleges he suffered from back pain and Blue Shield of California provided Plaintiff with a medical doctor, who then brought in Dr. Wagm...
2018.5.25 Motion for Relief from Entry of Dismissal 863
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...nd Investment Group. The property was listed on the MLS for rent on March 9, 2017. Plaintiff alleges that Denuto received contact from Defendant Ji Hui Luo (“Luo”) that her client, Defendant Ping Chen (“Chen”) was interested in renting the property. Plaintiff attempted to meet with Chen, but was unable to do so and Luo signed a lease agreement for the property. Plaintiff alleges that thereafter he attempted to contact Chen numerous times,...
2018.5.25 Motion for Terminating Sanctions 387
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: .... He alleges his vocal chords were damaged. Defendant Yeong An Sheu, M.D. and Defendant Vartan Tarakchyan, M.D. each filed a motion for terminating sanctions against Plaintiff for failure to respond to discovery pursuant to Court order. The motions are not opposed. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <00030057004b0048000300 005c0003005300550052>cess includes failing to respond or su...
2018.5.25 Motion to Bifurcate or Sever 958
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...ertaining to a lease of a gas station and convenience store. Plaintiff retained possession of the smog station, which was on the premises. The first amended complaint, filed February 16, 2016, alleges causes of action for: (1) breach of contract (for failure to indemnify under the lease agreement and failure to pay for the inventory); and (2) common counts. Defendants filed a cross-action against Plaintiff, Anahid Manoukian, Tania Manoukian, and ...
2018.5.25 Motion to Strike, Request for Attorney's Fees and Costs 007
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
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...
2018.5.25 Motion for Leave to File Complaint 414
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...ssistance of her mother Zhang Shuhua, acting in connection with other Defendants, conspired to take steps to orchestrate the unauthorized and illegal theft of money and property belonging to Plaintiffs in separate schemes totaling over $30,000,000.00 USD in value. The action was commenced on September 9, 2015. The sixth amended complaint (“6AC”) alleges causes of action for: (1) common count for money lent; (2) conversion; (3) fraudulent conc...
2018.5.25 Motion for Determination of Good Faith Settlement 243
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ... 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.), including...
2018.5.11 Motion to Compel Further Responses 297
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...00 and 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 for the settlement of property damage. Plaintiff alleges that while he was negotiating with Defendant, the vehicle was incurring storage...
2018.5.11 Request for Preliminary Injunction 169
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...�Zhao') and borrowed a total sum of $20,500,000.00 RMB (Chinses currency), or approximately $3,153,846.10 USD. (Id., ¶8.) Over time, Plaintiff alleges she repaid a total of $12,289,500 RMB, or $1,759,923.00 USD. (Id., ¶10.) However, the parties disputed the remaining balance of the loan and Zhao allegedly refused to negotiate with Plaintiff unless Plaintiff provided the subject property to Defendant as security for the full amount of the lien. ...
2018.5.11 Motion to Amend Complaint 249
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...onstruction of a work of improvement for Disney Worldwide Services, Inc. at Disney Animation Studio (2100 W. Riverside Drive, Burbank, CA 91506). Taslimi was the general contractor for Sage was a subcontractor. Sage alleges it performed the work required, but that Taslimi failed to pay Sage on the project. The first amended complaint, filed December 28, 2017, alleges causes of action for: (1) breach of contract; (2) quantum meruit; (3) open book ...
2018.5.11 Motion for Summary Judgment, Adjudication 781
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ... November 1, 2015, Defendants' vehicle collided and crashed into the body of Decedent, which directly and legally caused his death. The first amended complaint (“FAC”), filed September 20, 2016, alleges cause of action for: (1) negligence; (2) survivor action; (3) NIED; (4) peculiar risk; and (5) negligent hiring/supervision/retention of an independent contractor. Defendant Living Spaces Furniture, LLC (“Living Spaces”) moves for summary ...
2018.5.11 Motion for Summary Judgment 669
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...greement with Defendant E & N Financial Services and Development, Inc. (“Defendant”) and obtained $257,650. He alleges that the line of credit was secured by a deed of trust on his property. Plaintiff alleges that when he sought to refinance his property, he obtained a loan to pay off all encumbrances, including Defendant's deed of trust. Plaintiff alleges that Defendant improperly claimed that Plaintiff owed an additional $26,500 for renewal...
2018.5.11 Demurrer 041
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...t Corvette 60 th Anniversary edition (which he alleges is a “collector's car”), while she was texting on her phone. The first amended complaint (“FAC”), filed February 13, 2018, alleges cause of action for: (1) diminished value damages of Plaintiff's collector car; (2) general negligence; (3) intentional tort; and (4) negligence per se. Defendants Gavane Mikayelyan, Eliza Ter-Arakeylan, and Hovanes Markarian demur to the FAC. Plaintiff op...
2018.5.11 Motion to Compel Compliance with Request for Production 090
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...es. In 2016, Plaintiffs Noble Coker and N&E Enterprises, LLC (“N&E”) became interest in purchasing USA Safes' gun safe distribution business. On June 17, 2016, USA Safes, Defendant Maria Carmela B. Conde, Coker, and N&E entered into an asset purchase agreement whereby N&E agreed to purchase most of USA Safes' assets for over $1.2 million. (Compl., ¶12, Ex. A.) Plaintiffs alleges that they discovered that Defendants failed to make proper disc...
2018.5.11 Demurrer, Motion to Strike 889
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...on 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 habitable premises; and (2) negligence. Defendants filed a...
2018.5.4 Demurrer 389
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...tion, which began on October 10, 2014 and thereafter. The complaint, filed January 8, 2016, alleges causes of action for: (1) negligence; (2) elder abuse; and (3) loss of consortium. Defendant demurs to each cause of action. Plaintiffs oppose. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) ¿When considering demurrers, courts read the allegations...
2018.5.4 Demurrer, Motion to Strike 909
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...evorkian Property”) owned by Defendants Abraham Kevorkian (“Kevorkian”) and Nancy Odesho (“Odesho”). Plaintiff alleges that the Kevorkian Property has always benefited, as the dominate 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 parking vehicles in ...
2018.5.4 Motion for New Trial 581
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...on was a rich, knowledgeable partner in Defendant Madison Financial, based on his representations, when in fact he was an unlicensed salesperson. Based on her belief in his abilities, Plaintiff accepted Harrington's offer to invest her savings of approximately $400,000 to $500,000 through Madison financial. However, Harrington did not make the investments and rather were used by Harrington, Defendant Claudia Fisher, and Defendant Gary Ahlfeldt. O...
2018.5.4 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...hat Decedent began receiving medical treatment from various healthcare Defendants in 2015. They allege that each of the Defendants were negligence 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 Earl Wayne Moore-Jeffries, M.D. (“Dr. Moore-Jeffries”) move for summary judgment on the grounds that: (1) he complied with the...
2018.5.4 Motion for Summary Judgment, Adjudication 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ... involved in a motor vehicle accident with Decedent on January 26, 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. Defendant filed the first-amended cross-complaint against Cross-Defendants Nestar Orellana and Javier Duenas (“Cross-Defendants”) on April 18, 2017, alleging causes of action for: (1) comparative in...
2018.5.4 Motion to Quash Deposition Subpoena, Freeze Line of Credit 414
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...with the advice and assistance of her mother Zhang Shuhua, acting in connection with other Defendants, conspired to take steps to orchestrate the unauthorized and illegal theft of money and property belonging to Plaintiffs in separate schemes totaling over $30,000,000.00 USD in value. The sixth amended complaint (“6AC”) alleges causes of action for: (1) common count for money lent; (2) conversion; (3) fraudulent concealment; (4) breach of fid...
2018.5.4 Motion to Strike Doe Amendment 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ... <0003004600550052005600 00030044004a0044004c>nst Clack Corporation (“Clack”) and Wave Cyber USA, LLC (“Wave Cyber”) for: (1) total indemnity; (2) declaratory relief – implied partial indemnity; and (3) declaratory relief – equitable apportionment. On April 27, 2018, the Court granted Eversoft's motion for leave to amend the cross-complaint to name IWC as a Roe Defendant. On May 10, 2017, Wave Cyber filed a cross-complaint, which name...
2018.5.4 Demurrer 849
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ... Jenny Lin (“Lin”). Liu alleges that they agreed to purchase the property for approximately $362,000 and have 50/50 ownership in the property. Lin was to pay $190,000 in cash to pay $100,000 towards the down payment, $81,000 to pay Liu's credit card debt so that he would qualify for a mortgage to purchase the property, and $9,000 to pay for title and other escrow fees. As contribution towards the purchase, Liu would obtain a mortgage in his n...
2018.4.27 Motion for Summary Judgment, Adjudication 365
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ... Sales”) car lot in order to purchase a 2007 BMW 335i, VIN WBAWB73527P036064. He alleges that he was advised by Future Auto Sales' representative, Kent, that the vehicle was clean and had not been in any accidents. Relying on such statements, Plaintiff entered into the Retail Installment Sales Contract (“Contract”) with Future Auto Sales and purchased the vehicle for $29,264.80 (cash price $17,999.00; down payment of $1,000.00; 60 monthly p...
2018.4.27 Motion for Leave to Amend Complaint 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...ed the premises. <0003004600550052005600 00030044004a0044004c[nst Clack Corporation (“Clack”) and Wave Cyber USA, LLC (“Wave Cyber”) for: (1) total indemnity; (2) declaratory relief – implied partial indemnity; and (3) declaratory relief – equitable apportionment. On May 10, 2017, Wave Cyber filed a cross-complaint, which named Industrial Water Conditioning (“IWC”) as a cross-defendant. On June 7, 2017, IWC filed a cross-complaint...
2018.4.27 Motion for Protective Order, for Compliance 345
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...Defendant Oji Akop are siblings. Sometime in 1993 or 1994, Roobik Nazarian and Jorj Nazari transferred monetary sums to Oji Akop's account to be used. Plaintiffs allege that in order to help Defendant Wahram Akop build his credit history, Roobik Nazarian allowed Oji Akop to buy the duplex in her and Wahram Akop's names to hold as co-trustees for Roobik Nazarian and Jorj. Plaintiffs allege they intended to sell the property and gave Wahram and Oji...
2018.4.27 Motion for Judgment on the Pleadings 281
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...; (2) intentional tort; (3) general negligence; and (4) exemplary damages. The first amended complaint (“FAC”) was filed February 23, 2017. Defendant moves for judgment on the pleadings. On April 17, 2018, Defendant applied ex parte to advance the hearing on this motion. The Court granted the ex parte and advanced the motion from June 29, 2018 to this date, and ordered that any opposition be filed by April 20, 2018, and the reply by April 23,...
2018.4.27 Motion to Appoint Post Judgment Receiver 169
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...red a judgment for <0015001300140019001100 03[ Plaintiff moves for an order appointing a post-judgment receiver to assist with the satisfaction of the judgment. On February 9, 2018, this motion initially came for hearing. The Court by Judge Donna Goldstein continued the hearing to this instant hearing date in order to provide Plaintiff's counsel time to file a supplemental brief no later than 5 days prior to this hearing date. On April 12, 2018, ...
2018.4.27 Motion to Consolidate 805
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ... judgment. On October 3, 2013, Leal had received an “Order, Decision or Award of the Labor Commissioner” of the State of California for $66,756.57 for unpaid wages against Nelly Dagstanyan and Sqwash Corporation. On February 26, 2014, a “Clerk's Notice of Entry of Judgment” was made on the order under LASC Case No. LS024960. This case is currently assigned to Department B. In Becharoff Capital Corp. v. Dagstanyan et al. (LASC Case No. EC0...
2018.4.27 Motion to Quash 103
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...0033004f0044[intiff would release claims against them in exchange for Defendants paying $125,000 in 6 quarterly installments. Plaintiff alleges Defendants failed to make the first and all future installments, such that Plaintiff is owed $125,000, plus attorney's fees and costs. The complaint, filed January 29, 2014, alleges causes of action for: (1) breach of contract; (2) common counts; (3) fraud; and (4) breach of contract. On March 25, 2015, t...
2018.4.27 Motion to Compel Responses 905
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...laintiff alleges that Zhang had the obligations to ensure that certain bills and expenses incurred by Plaintiff were paid. Plaintiff alleges that Zhang wrote himself a $9,000.00 check using a company check and unlawfully cashed it. The complaint, filed January 27, 2016, alleges causes of action for: (1) fraud; (2) unjust enrichment; (3) money had and received; and (4) theft/conversion. On February 28, 2018, Plaintiff filed 4 motions to compel res...
2018.4.20 Motion for Summary Judgment 109
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ... this action in order to foreclose on property located at 1290 East Woodbury Road, Pasadena CA 91104. Plaintiff <0044004600540058004800 002800440056004f0048[y (“Easley Defendants”) defaulted on the terms of the Note and Deed of Trust as modified by their Loan Modification Agreement. As such, Plaintiff has elected to accelerate all amounts due and owing under the Note and Deed of Trust. The complaint, filed March 2, 2017, alleges causes of act...
2018.4.20 Motion for Determination of Good Faith Settlement 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...tor vehicle accident with Decedent on January 26, 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 loquitor. Defendant filed the first-amended cross-complaint against Cross-Defendants Nestar <00030044004f004f004800 00560048005600030052[f action for: (1) comparative indemnity and apportionment of fault; (2) total equitable inde...
2018.4.20 Demurrer, Motion to Strike 327
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...onstructed a carwash and started operating it, and water leaks from the carwash into the neighboring office building. Plaintiff also sued Defendant AMCO Insurance Company (“AMCO”), the insurance policy provider for Owner Defendants, for its bad faith and failure to compensate Plaintiff for its damages from the water leaks. The First Amended Complaint (“FAC”), filed February 13, 2018, alleges causes of action for: (1) trespass; (2) private...
2018.4.20 Motion to Bifurcate, Stay Discovery 949
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...er (“Mission Care”) from December 23, 2016 to February 2017. She alleges that Mission Care knew or should have known of her medical ailments, and yet failed to give her basic care. She alleges that Mission Care and Defendants Ensign Services, Inc. and The Ensign Group, Inc. (“Ensign Defendants”) are directly and vicariously liable as “alter ego” of one another. The complaint, filed January 30, 2018, alleges causes of action for: (1) e...
2018.4.20 Motion to Strike 207
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...nter on June 11, 2016. Plaintiffs allege it was made known to the nursing staff that Decedent had a high risk of falls due to his pre-existing balance disorder, dementia, and hearing loss. Plaintiffs allege that despite this knowledge, Defendant failed to take the necessary precautions to protect Decedent from further injury or harm. The complaint, filed October 19, 2017, alleges causes of action for: (1) nursing malpractice; and (2) elder abuse ...
2018.4.20 Motion to Vacate Default, Judgment 963
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ... at 5926 Wilkinson Avenue in Valley Village in exchange for $1,000 per month for rent. He alleges he left for the State of Israel for a month in August 2017, but upon his return was unable to enter his unit because the lock had been changed by Defendant. The complaint, filed February 2, 2018, alleges causes of action for: (1) breach of the covenant of habitability; (2) covenant of quiet use and enjoyment; (3) trespass to land; (4) trespass to cha...
2018.4.13 Motion to Vacate Default, Judgment, to Quash Service of Summons, Dismiss Action 761
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... Inc. dba Olde Mill Steakhouse (“Concept”) executed and delivered to Plaintiff a Merchant Credit Application, requesting a loan of <000300440003004f005200 00190015000f00130013[0.00 for Concept, to which Concept was to pay the loan back in weekly installments. Plaintiff alleges that Concept defaulted on the loan payments and defaulted on the loan, such that the total sum due to Plaintiff is $101,942.28. The complaint, filed December 10, 2009, ...
2018.4.13 Motion to Stay, Demurrer, Motions to Strike 065
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...s the driver that picked Plaintiffs up for their Uber ride. Plaintiffs allege that Riddle became extremely confrontational and violent when Currey asked Riddle to put her music down. Plaintiffs requested to be dropped off, but Riddle refused to let them out until they called 911. Plaintiffs allege that Riddle then attempted to run them over several times. The First Amended Complaint (“FAC”), filed November 29, 2017, alleges causes of action f...
2018.4.13 Motion to Correct Judgment 581
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... of dollars from plaintiff. The liability phase of trial commenced on May 1, 2017 and concluded on May 30, 2017. The Court, through Judge Donna Fields Goldstein, issued a Tentative Statement of Decision on August 28, 2017, considered objections filed by the parties, and issued a Final Statement of Decision on September 18, 2017. Plaintiff was awarded $325,000 against Ahlfeldt (individually and as alter ego of Madison Financial, Inc.) and against ...
2018.4.13 Motion to Compel Deposition, for Production of Docs 090
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...es, LLC (“N&E”) became interest in purchasing USA Safes' gun safe distribution business. On June 17, 2016, USA Safes, Defendant Maria Carmela B. Conde, Coker, and N&E entered into an asset purchase agreement whereby N&E agreed to purchase most of USA Safes' assets for over $1.2 million. (Compl., ¶12, Ex. A.) Plaintiffs alleges that they discovered that Defendants failed to make proper disclosures regarding their business, including their pay...
2018.4.13 Motion to Compel 733
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...auses of action for: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) failure to provide overtime wages; (4) failure to pay wages upon termination; (5) failure to provide accurate itemized wage statements; (6) unfair business practices; (7) hostile work environment – harassment; (8) NIED; and (9) IIED. Defendant Mike McMillan (“McMillan”) filed two motions to compel further responses against Plaintiff for: (1) S...
2018.4.13 Motion for Summary Judgment 527
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...his cross- action, Mega alleges that Benchmark issued a Commercial General Liability Coverage policy to Mega for a period of December 16, 2013 to December 16, 2014, under policy no. BIC5009427. (FAXC, ¶5, Ex. A.) The administration of the policy was taken up by Westcap Insurance Services, LLC (“Westcap”), a third-party administrator for Benchmark. (FAXC, ¶5.) While the policy was in effect, on March 5, 2014, Mega entered into a contract wit...
2018.4.13 Motion for Determination of Good Faith Settlement 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...tor vehicle accident with Decedent on January 26, 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 loquitor. Defendant filed the first-amended cross-complaint against Cross-Defendants Nestar Orellana and Javier Duenas (“Cross-Defendants”) on April 18, 2017, alleging causes of action for: (1) comparative indemnity and appor...
2018.4.13 Demurrer, Motion to Strike 606
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... the Estate of John Lau, brings this action for medical malpractice and elder abuse against various healthcare Defendants. Plaintiff is the son of Decedent John Lau (“Decedent”). Plaintiff alleges that Decedent was brought by ambulance to Defendants' emergency room on January 2, 2016. He alleges Defendants caused personal injuries to Decedent because they negligently treated and care for him. He alleges Defendants failed to diagnose holes or ...
2018.4.13 Demurrer, Motion to Strike 149
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... modification of the loan and that Defendant Select Portfolio Servicing, Inc. (“Defendant”) orally agreed to review the loan modification. However, she alleges that Defendant denied the loan modification after advising her to default on the loan, after a substantial delay, and after failing to calculate her income correctly. Plaintiff filed an appeal and Defendant's agents requested additional documents. During this process, Plaintiff alleges...

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