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Location: Los Angeles x
Judge: Sotelo, David x
2022.01.11 Demurrer, Motion to Strike 814
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2022.01.11
Excerpt: ...n real property known as 4600 Block of Klamath St., Los Angeles., CA 90032. In 2006, Hassid allegedly formed Hilltop Holdings, LLC, which filed tax documents for the 2006 to 2014 tax years, indicating that Hilltop had an interest in the Klamath Property despite the Property being sold in 2013. Further, in 2012, Hassid allegedly filed a Statement of Information with the California Secretary of State adding Amidi as a member of Hilltop. Prior to th...
2021.12.16 Motion for Judgment on the Pleadings 664
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.12.16
Excerpt: ...periodic from month to month. The lease also had a clause charging Nationwide Pallets 150% of the base rent if it ever “holds over” on the tenancy. The lease also allegedly prohibited assignment of the lease or sublease by Nationwide Pallets without prior permission from Luxe. Luxe alleges that in or around April 2020, Nationwide Pallets assigned or sublet its lease in the Property to Classic Pallets, Inc. and its President, Juan Perez and th...
2021.12.15 Motion for Terminating Sanctions 694
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.12.15
Excerpt: ...as a passenger in a vehicle when the general negligence of Defendants Shakhvaladian and American Medical Response caused a collision with the vehicle in which Plaintiff rode, causing him damages AMR requests sanctions pursuant to Code of Civil Procedure section 128.7, arguing the Court should grant Terminating and Monetary sanctions against Plaintiff based on Plaintiff's objectively unreasonable conduct in refusing to dismiss AMR from this action...
2021.12.15 Motion for Prejudgment Possession 084
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.12.15
Excerpt: ... (the “Property”). (Complaint, ¶ 4.) The Order is sought to construct, operate, and maintain the “Glendora Station Parking Facility” and other appurtenant uses associated with the design and construction of the Foothill Gold Line Light Rail Extension Project (“Project”), which will extend the existing Metro Gold Line rail by 12.3 miles to the east, from the City of Glendora to the City of Montclair. (Motion, 5:3-6, 13-15.) On August ...
2021.12.14 Demurrer, Motion to Strike 423
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.12.14
Excerpt: ...es on PVPLC property (“Lot 63”). (See FAC, Ex. 2 [complaint in underlying proceedings].) Defendant in this action, Interinsurance Exchange of the Automobile Club (“Auto Club”), is the Chiles' homeowner's insurance policy insurer and is defending the Chiles in that un-related, underlying and ongoing proceeding, through outside counsel. (See FAC, Exs. 1, 3, 4.) In that other case, the Chiles are not satisfied with the manner of representati...
2021.12.08 Motion to Expunge Lis Pendens 665
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.12.08
Excerpt: ...; Richard L. Norlund and Sharon K. Bacon-Norlund, as Trustees of the “Norlund Family Trust dated May 13, 2019” (collectively, “Movant Defendants”). OPPOSITION: Plaintiff, Sandra Norlund, individually and as Trustee of the Norlund Family Trust Dated September 15, 2000 Background Plaintiff Sandra Norlund requested this Court record a notice of lis pendens on properties located at 14924 and 14930 Arrow Highway, Baldwin Park, California (“L...
2021.12.03 Demurrer 789
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.12.03
Excerpt: ...d records— despite Plaintiff's lack of consent. (See Complaint, ¶¶ 6-11.) On June 25, 2021, Defendant Merrie Hathaway demurred to the Complaint's single cause of action on the grounds that the Complaint (1) did not sufficiently plead conversion and (2) was uncertain as to not properly apprise Defendant of the conversion claim's bases. (Demurrer, 3:3-6.) Plaintiff opposed on November 18, 2021, arguing to Complaint sufficiently pleads conversio...
2021.11.18 Motion for Summary Adjudication 632
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.11.18
Excerpt: ...hat Defendant failed to send them $98,760.17 under their Guaranty Agreement. (UMF Nos. 7, 8; Ramirez Decl., ¶¶ 8, 9, 13, 14, Exs. A, C.) Plaintiff brings this unopposed motion for summary adjudication of their First and Third causes of action for Breach of Contract and Open Book Account. Plaintiff also requests leave to amend its First Amended Complaint (“FAC”) that, among other things, introduces new allegations against the Defendants for ...
2021.11.18 Demurrer, Motion to Strike 617
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.11.18
Excerpt: ...y Defendant Farias' guarantee that the car had “[n]o issues, no problems.” (FAC, ¶¶ 6-12.) The FAC also alleges that Plaintiff engaged in a contract—stated alternatively as either an oral, implied-in-fact, or written contract in the third to fifth causes of action respectively—with Defendant Lexus to perform a pre-inspection of the Unmarketable Lexus Vehicle, which Defendant performed and, it seems, did not reveal that the car was in fa...
2021.11.16 Demurrer, Motion to Strike 460
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.11.16
Excerpt: ...ifornia, Inc. (“STCA”) and Stewart Title Guaranty Company (“STGC”) (collectively, “Defendants”) took on the duty to record a refinanced Deed of Trust (“Refinanced Deed of Trust”) for Plaintiff BIDF within the context of the acquisition of title insurance and that the Stewart Defendants failed to do so, thereby causing damages to Plaintiffs amounting to approximately $1,200,000—allegedly triggered by subsequent mortgages on the p...
2021.11.09 Motion for Leave to Amend, to Continue Trial 028
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.11.09
Excerpt: ... fiduciary duty, which, among other claims, alleged that Ho-Ruan paid herself a salary without approval from the other LLC members. (Id. at ¶ 9.) On March 10, 2020, Ho-Ruan filed a Cross-Complaint against Cross-Defendants, alleging fraudulent inducement, breach of fiduciary duty, judicial dissolution, and unjust enrichment, then, on April 16, 2020, amended her Cross-Complaint (FAXC) to add an allegation of aiding and an abetting breach of fiduci...
2021.11.09 Anti-SLAPP Motion to Strike, Demurrer 001
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.11.09
Excerpt: ...16, Defendant Caltrans initiated a second disciplinary action against Plaintiff, which resulted in his termination. Plaintiff Kim appealed the adverse action with the State Personnel Board (“SPB”), which held an evidentiary hearing and found that termination was appropriate under the circumstances despite Plaintiff's reasons for why termination was inappropriate. (See Defendant Caltrans Judicial Notice Request (“RJN”), Ex. B.) Plaintiff t...
2021.11.03 Motion to Compel Binding Arbitration 245
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.11.03
Excerpt: ... involving real property in Nevada (“Underlying Action”). The Law Offices of Gary Hollingsworth--employs Legal Assistant Ivy Yuen) represented his Clients through November 16, 2017, when he obtained a favorable $3,106,000.00 jury verdict for Newstart and Cheng. 2018 Attorney Client Fee Agreement: Following the trial, the Hollingsworth recommended that his Clients appeal an aspect of the damages awarded, as well as file suit against creditors ...
2021.10.20 Motion for Terminating Sanctions 893
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.10.20
Excerpt: ...fend itself in litigation and (2, because) Defendant failed to comply with a prior court order imposing discovery deadlines and monetary sanctions in favor of Plaintiff. Background On May 13, 2020, Plaintiff filed this action against Defendant, alleging breach of contract through failure to comply with contractual obligations and common counts related to money had and received by Defendants for the use and benefit of Plaintiff. (Complaint, 3-4.) ...
2021.09.28 Application for Writ of Possession 837
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.09.28
Excerpt: ...n the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).) Per CCP § 512.010(b), the application must be submitted under oath and include: “(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possessio...
2021.09.27 Motion for Reconsideration 665
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.09.27
Excerpt: ...eparate Property Trust Dated 12/11/97; Richard L. Norlund co-trustee of the Norlund Family Trust Dated 05/13/2019; Sharon K. Bacon-Norlund an individual; Sharon K. Bacon-Norlund co-trustee of the Norlund Family Trust Dated 05/13/2019 The Court ruled in Defendants' favor and granted the motion for summary judgment against Plaintiff, who asks for reconsideration. Judicial Notice Defendants request judicial notice of tax regulations, codes, and onli...
2021.09.27 Motion for Attorney Fees 368
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.09.27
Excerpt: ...in costs claimed by Defendant are undisputed. Analysis It is undisputed that Defendant is entitled to attorney's fees under the Promissory Note and Deed of Trust terms. (Lacy Decl., Ex. B.) Defendant is also entitled to costs as prevailing party. (Civ. Code § 1032(b). Plaintiff objects on three grounds: block billing, excessive billing entries, and the reasonableness of the hourly rate. Defendant was represented by Leib Lerner and Alina Ananian,...
2021.08.31 Demurrer 468
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.31
Excerpt: ...ka until she was drunk— he then got her to sign the contract. Carfax now brings this opposed demurrer to the sole remaining cause of action remaining against them: Obtaining Money by False Pretenses-Violation of Pen. Code 496. Analysis Seventh Cause of Action, Obtain Money by False Pretenses (Penal Code § 496): SUSTAINED WITHOUT LEAVE TO AMEND Penal Code § 496(a) provides: “(a) Every person who buys or receives any property that has been st...
2021.08.30 Motion for Determination of Good Faith Settlement, to Confirm Minor's Compromise, to Seal Settlement 943
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.30
Excerpt: ...ll film “Invincible.” The above parties have an unopposed executed a settlement and present the following motions: 1) Motion for Determination of Good Faith Settlement; 2) Petitioner to Confirm Minor's Compromise; 3) Motion to Seal Settlement Agreement; 4) Motion to Seal Petition for Minor's Compromise. 1) Defendant's Motion for Good Faith Settlement Standard: Any party to an action in which it is alleged that two or more parties are joint to...
2021.08.30 Demurrer 029
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.30
Excerpt: ...ery (Hansen); 3) Assault (Hansen); 4) Harassment on the Basis of Sex/Gender/FEHA; 5) Discrimination on the Basis of Sex/Gender/FEHA; 6) Discrimination on the Basis of Disability and/or Medical Condition/FEHA; 7) Harassment on the Basis of Disability and/or Medical Condition/FEHA; 8) Failure to Accommodate/FEHA; 9) Failure to Engage in the Interactive Process/FEHA; 10) Retaliation; 11) Failure to Prevent, Remedy, or Investigate Discrimination, and...
2021.08.24 Special Motion to Strike 902
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.24
Excerpt: ...). Eventually, the City of Santa Monica decided to eliminate subleases, like plaintiffs. But the City opened a bidding process to select a manager for the 3026 Airport Avenue building. To retain the 3026 building, Plaintiffs submitted a proposal under the name Maxima, which was rejected. Plaintiffs allege that during the selection process, they were defamed by City of Santa Monica officials. The current First Amended Complaint (“FAC”) alleges...
2021.08.23 Motion to Compel Deposition of PMK 861
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.23
Excerpt: ...ent A separate statement is required for a motion to compel answers at a deposition and to compel the production of documents at a deposition. (Cal. Rule of Court, rules 3.1345(a)(4) and (5).) Plaintiffs have failed to provide the required separate statement. Standard Code of Civil Procedure § 2025.450(a) provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, ...
2021.08.20 Motion to Amend 460
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.20
Excerpt: ... GRANTED, In Part A central issue in this matter is whether the statute of limitations bars Plaintiff's claims. There is a pending motion for summary judgment in which the parties argue why or why not the claims are barred by the statute of limitations. For this motion it is sufficient to note that the date Plaintiff discovered the easement is relevant to when the statute of limitations accrued. Plaintiff previously alleged they became aware that...
2021.08.19 Demurrer 330
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.19
Excerpt: ...cts because of Defendant's negligent repair. Defendant has filed this opposed demurrer to Plaintiff's Fourth Cause of Action (Negligent Repair). Fourth Cause of Action, Negligent Repair: SUSTAINED Defendant asserts that the economic loss rule bars Plaintiff's negligent repair claim, that Plaintiff has failed to allege any personal injuries or property damage and has failed to allege any distinction between his claims for negligent repair and his ...
2021.08.11 Motion to Post Bonds as Security 431
Location: Los Angeles
Judge: Sotelo, David
Hearing Date: 2021.08.11
Excerpt: ...reholders and managers of Empire. Empire owns Nominal Defendant Marquez Terrace LLC (“Marquez”), which is the owner of real property located at 16655 Marquez Terrace, Pacific Palisades CA 90272 (“Subject Property”). Lenee, and Patno formed Empire and Marquez to redevelop the Subject Property. Plaintiff alleges Lenee and Patno transferred title of the subject property from Marquez to themselves personally, without authorization or consider...

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