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Location: Los Angeles x
Judge: Osorio, Benny C x
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...
2018.5.11 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...
2018.4.27 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 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 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...
2018.4.27 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 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 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 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 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,...
2018.4.20 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 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 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 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 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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