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Judge: Osorio, Benny C x
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 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; (...
2018.6.1 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 ...
2018.5.25 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...
2018.5.25 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 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 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...
2018.5.11 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 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 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 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...
2018.5.4 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 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...
2018.5.4 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...

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