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2018.4.20 Motion for Judgment on the Pleadings 046
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.20
Excerpt: ...ez ALLEGATIONS IN COMPLAINT: In this action, Plaintiff Francis Gonzalez disputes title and ownership of real property located at 1231 N. Beachwood Dr., Burbank, CA 91506. He alleges that Defendants have conducted an invalid and void trustee's sale and have unlawfully and invalidly sold or transferred ownership of the property to themselves or other parties. This action was commenced on July 26, 2017. The Complaint alleges causes of action for: (1...
2018.4.20 Demurrer 546
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.20
Excerpt: ...Justis and Hodges were the only directors of B&R, a medical cannabis dispensary. Justis and B&R allege that Hodges breached his fiduciary duty to B&R and treated B&R as his personal bank account, misappropriated funds, and wasted corporate resources. The complaint, filed October 31, 2017, alleges causes of action for: (1) removal of director; (2) breach of fiduciary duty; and (3) intentional interference with prospective economic relations. On Ja...
2018.4.20 Applications for Writ of Possession 886
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.20
Excerpt: ...ch Defendant. DISCUSSION: This case arises from Plaintiff's claim that Defendants Manuk Cherkezyan and Avedis Boyadjian dba One Stop Auto Repair aka One Stop breached a written agreement for the purchase of a motor vehicle. Plaintiff filed this application for writ of possession on February 2, 2018. The writ of possession will permit Plaintiff to obtain possession of the tangible personal property (i.e., a motor vehicle) prior to trial from Defen...
2018.4.20 Demurrer, Motion to Strike 208
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.20
Excerpt: ...nced this action against Defendant Geoffrey G. Melkonian, Esq. for legal malpractice. Plaintiffs allege that they retained the services of Defendant in order to handle a default judgment that had been entered against them and to seek counsel with regard to filing for bankruptcy. They allege that Defendant wrongfully advised them to file a Chapter 7 rather than Chapter 13 bankruptcy. The FAC, filed January 17, 2018, alleges causes of action for: (...
2018.4.13 Demurrer, Motion to Quash 860
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...0300 00560003002700480053[artment and Detective Ronald Hernandez RP: Plaintiff, Antranik Kevorkian ALLEGATIONS IN COMPLAINT: In this action, Plaintiff Antranik Kevorkian alleges that Defendants accused him of vandalism in a Ralph's market parking lot and thereafter filed a misdemeanor criminal complaint against him. Plaintiff alleges this has subjected him to going to court and malicious prosecution. The complaint, filed July 10, 2017, alleges ca...
2018.4.13 Application for Writ of Possession 806
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...rntable. DISCUSSION: This case arises from the Plaintiff's claim that the Defendant breached a written lease agreement by failing to make payments due. Plaintiff requests a writ of possession in order to obtain possession of the equipment that the Defendant was leasing. <005200550003005a005500 00560056004800560056[ion initially went forward on February 2, 2018. The Court denied the application because: (1) it was not accompanied by a memorandum a...
2018.4.13 Demurrer 180
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...eputies and police officers dug up a roof, pulled up roof boards, and struck Plaintiff's house with sledge hammers. The first amended complaint (“FAC”), filed January 16, 2018, includes one cause of action entitled “Claim I.” The FAC refers to a “Memorandum of Points and Authorities,” which alleges that Defendants are liable for violation of the Civil Rights Act of 1871 and Constitutional rights under 42 U.S.C. §1983. Plaintiff alleg...
2018.4.13 Demurrer 420
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...IONS IN COMPLAINT: In this action, Plaintiffs Century Construction West, Inc. dba SaveCal, Inc., Artin Simonian, and Sarkis Abelian allege that Defendant Brian Snow made misrepresentations about his qualifications and educational backgrounds, thereby inducing Plaintiffs to engage Snow for his consulting services. This action was commenced on December 11, 2017. The First Amended Complaint (“FAC”), filed December 26, 2017, alleges causes of act...
2018.4.13 Motion for Summary Judgment 042
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...OMPLAINT: This action involves a three-car accident that occurred on April 6, 2016. Plaintiff Yanzi Lin alleges that he was driving his vehicle when Defendant Kevin Joshua Castellanos' vehicle caused Defendant David Yan's car to bump into Plaintiff's vehicle from behind. (FAC, ¶¶1-3, 12.) Plaintiff alleges that Defendant Patricia Salazar is the registered owner of the vehicle Castellanos was driving, and that she allowed Castellanos to drive he...
2018.4.13 Motion to Appoint Receiver, for TRO 364
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...S OF PLEADINGS: This case arises from Plaintiffs' claims that Defendants fraudulently induced Plaintiffs to make investments for the construction and operation of two restaurants: the Oyster Bar #101 and the Oyster Bar #102. Plaintiffs allege that Defendants have misused funds, converted property, and breached their fiduciary duties. The complaint, filed November 3, 2017, alleges causes of action for: (1) breach of contract; (2) breach of fiducia...
2018.4.13 Motion to Compel Deposition 826
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ... elevator that suddenly dropped and malfunctioned, causing her to fall and strike her body in the interior of the elevator. The complaint, filed January 18, 2017, alleges causes of action for: (1) negligence; (2) strict liability; and (3) negligence. RELIEF REQUESTED: Defendants KONE Inc., Walt Disney Pictures, Disney Worldwide Services, Inc. and Disney Enterprises move to compel Plaintiff to attend and testify at her videotaped deposition on Apr...
2018.4.13 Motion to Compel Further Responses 322
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...open-heart surgery after suffering a heart attack. She alleges she was admitted to Defendant's ICU, where Defendant failed to provide the care she needed to prevent her from acquiring bedsores and infection. The first amended complaint, filed May 10, 2017, alleges causes of action for: (1) negligence; (2) elder abuse and neglect (Welf. & Inst. Code, §15600 et seq.); and (3) willful misconduct. RELIEF REQUESTED: Plaintiff moves to compel further ...
2018.4.13 Motion to Strike 480
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.4.13
Excerpt: ...ement for the subject premises owned and/or managed by Defendant Integrity Property Management, Inc. Plaintiff alleges sometime in February 2017, she was being bit by unknown insects and became aware that there was a bed bug infestation. She alleges she contacted Defendant's agents on March 20, 2017to remedy the infestation, and that Defendant hired a professional pest exterminator on April 11, 2017. However, Plaintiff alleges this failed to reme...
2018.3.29 Motion to Stay Matters Pending Applellate Ruling 364
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...00030057004b00440057> it has a security interest in the property, stemming from a deed of trust recorded in 2003. On March 7, 2006, the court in a family law matter (In re the Marriage of Marine Nazaryan and Sarkis Tonoyan, LASC No. BD383714) entered judgment, which was recorded in the Los Angeles County Recorder's Office. The judgment states that Defendant Sarkis Tonoyan's gift of the property to Defendant Ripsime Tonoyan was a sham transaction ...
2018.3.29 Demurrer 228
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...ners of the property. They obtained a loan from Aleksandr Varganov, secured by the property, which was supposed to be a second deed of trust. Plaintiffs allege Defendant Jose Caldera recorded a deed of trust on the property which purports to secure a loan made to Marco Antonio Cordova (Plaintiffs' son). Plaintiff allege this deed of trust was a forgery because Marco Antonio Cordova did not own the property. Varganov then initiated a non-judicial ...
2018.3.29 Demurrer 364
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...r money and defrauded them. Defendant/Cross-Complainant Linh Nguyen filed a form cross-complaint for indemnification, apportionment of fault, declaratory relief, and accounting. RELIEF REQUESTED: Cross-Defendants Robert Phan and Victoria Le demur to the third and fourth causes of action in the cross-complaint. MEET AND CONFER REQUIREMENT: CCP §430.41(a) requires that the demurring party meet and confer with the party who filed the pleading that ...
2018.3.29 Demurrer 407
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...f Plaintiff, agency, or alter ego liability. ALLEGATIONS IN COMPLAINT: Plaintiff Camille Meggs commenced this action on April 18, 2017. The action was removed to the Central District of California, and Plaintiff filed a First Amended Complaint (“FAC”). The case was remanded back to state court. Plaintiff is an African American woman, who has been employed by Defendants NBCUniversal Media, LLC, KNBC, and NCB Universal, LLC since 1999. She alle...
2018.3.29 Motion for Discovery Sanctions, to Seal 100
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...ria Capital Partners, Inc. alleges that Defendants Eric Po- Chi Shen (“Mr. Shen”) and his ex-wife Yufen “Feny” Shen (“Ms. Shen”) stole and embezzled money from Plaintiff. Plaintiff alleges that Mr. Shen, as then-CEO of Plaintiff, caused Plaintiff to accept a promissory note for $553,100 with Ms. Shen and that Mr. Shen spent more than $5 million of Plaintiff's funds to purchase jewelry and handbags for Ms. Shen. The FAC, filed May 25, ...
2018.3.29 Motion to Amend Application for Renewal of Judgment Nunc Pro Tunc 288
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...laintiff its “Advantage Business Credit Card Application and Agreement” whereby Defendant agreed to repay to Plaintiff certain sums in exchange for Plaintiff providing loans of monies to Defendant. Plaintiff alleges that on February 13, 2007, Defendant stopped making payments towards the outstanding balance of said line of credit in the principal sum of $50,003.84, plus interest at the rate of 5.8750% per annum. The complaint, filed July 13, ...
2018.3.29 Motion to Compel Responses 600
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...ubstance on the floor while at Defendant BET Recreation Bowl, Inc. dba Jewel City Bowl (“Defendant”). The incident occurred on July 30, 3016. The complaint, filed December 2, 2016, alleges causes of action for negligence and premises liability. RELIEF REQUESTED: Defendant moves to compel verified responses to Request for Admissions, Set two (“RFA”); Form Interrogatories, Set two (“FROG”); Special Interrogatories, Set two (“SROG”);...
2018.3.29 Motion for Attorney's Fees, Costs 985
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...trustee. BACKGROUND: In this action, Plaintiffs Jan Slort (“Plaintiff”) alleges he purchased residential property from Defendants/Cross-Complainants Steve and Linell Myers (“Defendants”), pursuant to a purchase agreement on July 25, 2001. (Mot., Ex. 1.) Plaintiff alleges he was cited by LADBS for not having a permit on the barn and claimed he spent $100,000 to comply with the municipal code and get a permit. Defendants prevailed at trial ...
2018.3.29 Motion to Strike 568
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ... Melanie Reeve and Frank Trujillo allege that Defendants South Madison Ownership II, LLC and Charles Dunn Real Estate Services, Inc. were the owners and managers of the premises. Plaintiffs were paying tenants of the premises pursuant to a lease agreement entered on June 10, 2014. Plaintiffs allege during their tenancy, they became aware that the premises lacked effective waterproofing and weather protections, and contained toxic mold. Although P...
2018.3.29 Motion to Strike 884
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ...Baez conspired to embezzle $160,000 from ACRO using their positions as trusted employees (i.e., office manager, bookkeeper). The complaint was filed on January 14, 2016. The FAC was filed on April 6, 2016. The operative SAC, filed July 31, 2017, alleges causes of action for: (1) fraud; (2) intentional misrepresentation; (3) concealment; (4) false promise; (5) negligent misrepresentation; (6) conversion; (7) money had and received; (8) negligence;...
2018.3.29 Motion to Strike 880
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.29
Excerpt: ... Court sustained Defendant's demurrer to Plaintiff's complaint with 20 days leave to amend. On January 23, 2018, at a case management conference, the Court noted that Plaintiff failed to file an amended complaint following the demurrer. <004c00510057004c004900 00480003004400030029>irst Amended Complaint (“FAC" within 10 days. On February 26, 2018, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff alleges that Defendant brea...
2018.3.23 Motion to Compel Further Responses, for Attorney's Fees 960
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...ey's Fees and Cost MP: Defendant, Yina Chang RP: Gary Brown Relief Requested: Chang seeks attorney's fees and costs in the amount of $9,862.25 against Plaintiff's prior counsel, Gary Brown, for his misuse of the discovery process ALLEGATIONS IN COMPLAINT: <000300310044004f004500 004f004f0048004a0048>s that she was battered and harassed by Defendant Yina Chang. The incident occurred on September 30, 2014. The complaint was filed September 30, 2016...
2018.3.23 Demurrer 122
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...00030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[ <0027004400570048001d000300030003000300030003000300030003000300030003000300030003001600120015001600120014001b0003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[ Trial: None set (CMC 3/23/18) MP: Defendants, Starpoint Energy, LLC, Starpoint ...
2018.3.23 Demurrer 304
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ... (“Plaintiff”) alleges that in 2017, Defendant Del Toro Loan Servicing, Inc. (“Defendant”) acquired ownership and record title of the property. (Compl., ¶5.) On July 27, 2017, Defendant and Plaintiff entered into a Real Estate Purchase Agreement (“Purchase Agreement”) whereby Plaintiff would purchase the property and acquire ownership of it through escrow. (Id., ¶6.) According to the terms of the Purchase Agreement, the total sell p...
2018.3.23 Demurrer 386
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...inst Defendants Thunder Plumbing, Inc. (“Thunder”) and Philadelphia Indemnity Insurance Company (“PIIC”). Thunder provided restoration services to Plaintiffs' home to repair water and other related damages to Plaintiffs' home. During the demolition work, Titan Environmental (an environmental testing company) discovered that the house was ridden with asbestos. Thunder recommended air testing, but refused to pay for it and thus gave Plainti...
2018.3.23 Demurrer 504
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...O Foods, LLC to provide general labor, including cleaning services, for Defendant Bevmo Holding, LLC at a particular facility. Plaintiff alleges that dangerous and harmful chemicals were to be used for cleaning. He alleges he was injured on July 20, 2017 as a result of chemicals that spilled on him. The First Amended Complaint (“FAC”), filed January 17, 2018, alleges causes of action for: (1) negligence; (2) peculiar risk; (3) ultrahazardous ...
2018.3.23 Motion to be Relieved as Counsel, Judgment on the Pleadings 363
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...gton Memorial Hospital RP: None RELIEF REQUESTED: 1. Plaintiff's counsel, Christopher D. Nissen of Nissen Law Firm, moves to be relieved as counsel. 2. Defendant Huntington Memorial Hospital moves for judgment on the pleadings as to the Second Amended Complaint. ALLEGATIONS IN COMPLAINT: Plaintiff Brett Stettner (“Plaintiff”) alleges he is the surviving child of decedent Norman Stettner (“Decedent”). Plaintiff brings this wrongful death a...
2018.3.23 Motion to Compel Deposition 438
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...ey were crossing the street, they were struck by a motor vehicle driven by Defendant Vartan Bart Vartanian on June 4, 2014. At that time,Vartanian was driving a rental car from Defendant The Hertz Corporation (“Hertz”). Plaintiffs have also sued various defendants on the basis that they negligently designed, assembled, manufactured, sold, leased, supplied, or distributed the subject vehicle driven byVartanian, and that the vehicle had a defec...
2018.3.23 Motion to Compel Further 096
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...fettered and unmonitored access to children while a patron of Defendant Rose Bowl Aquatics Center (“RBAC”). Plaintiffs allege that Dittert, a life guard, sexually abused and molested minor/Plaintiff John Doe on multiple occasions. The complaint, filed May 12, 2017, alleges causes of action for: (1) sexual battery; (2) sexual assault; (3) gender violence; (4) negligence per se; (5) negligence; (6) IIED; (7) NIED; (8) constructive fraud; and (9...
2018.3.23 Motion to Compel 846
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...2015 to build and construct a new building structured to be added to an existing structure located at 161 S. Virginia Ave., Pasadena, CA 91107. The parties entered into a written agreement on January 14, 2015. Plaintiff alleges that Defendant's work did not conform to the plan the parties agreed upon. The complaint, filed July 3, 2017, alleges causes of action for: (1) breach of construction contract – work does not conform to contract; and (2)...
2018.3.23 Motion to Dismiss Complaint 260
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ... is confined to a wheelchair. He alleges that he visited Defendants' shop and was denied full and equal access to the building. The Complaint, filed September 6, 2017, alleges causes of action for: (1) violation of the Unruh Civil Rights Act (Civ. Code, §51(b)); (2) violation of the Unruh Civil Rights Act (Civ. Code, §51(f)); and (3) declaratory relief. On November 6, 2017, Defendants filed a demurrer to the Complaint. On December 4, 2017, Plai...
2018.3.23 Motion to Expunge Notice of Pendency of Action, Award Attorney's Fees 804
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...operty of Defendant Patricia Hayijian, Trustee of the Chavez Trust. Defendant also seek $4,460 pursuant to CCP §405.38 for attorney's fees and costs. ALLEGATIONS IN COMPLAINT: The property at issue in this action is located at 11848 Vanowen Street, North <0044004f00440051005200 00030057004b00440057[, pursuant to an agreement, she offered to pay consideration for the property and demanded that Defendants convey her the property. She alleges that ...
2018.3.23 Motion to Produce Experts for Deposition 044
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...eatment of Decedent on or about March 16, 2015, but provided negligent care. The complaint, filed October 6, 2015, alleges a single cause of action for wrongful death medical negligence. RELIEF REQUESTED: 1. Motion to Order Plaintiff to Produce His Experts for Deposition MP: Defendant Ricky L. Sedgwick, D.O. Joinder to ex parte application by Defendant Alfret Moradian, M.D. RP: Plaintiff David Babayan On February 22, 2018, Dr. Sedgwick applied ex...
2018.3.23 Motion to Set Aside Default, Judgment 982
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.23
Excerpt: ...Donald H. Barilari, Sr. (“Plaintiff”) alleges that on February 20, 2004, he and Defendants Gia Barilari aka Gia Evelyn Wong and Anthony Barilari (Plaintiff's daughter-in-law and son, respectively, “Defendants”) orally agreed that Plaintiff would transfer legal title of the property to Gia Barilari without consideration and that she would hold title for the benefit of Plaintiff. Plaintiff then transferred title to Gia Barilari, and resided...
2018.3.16 Motion to Quash Service of Summons 628
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ...0300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003> <0027004400570048001d000300030003000300030003000300030003000300030003000300030003001600120014001900120014001b0003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003> CMC: 4/30/18 <00300033001d000300030003000300030003000300030003000...
2018.3.16 Motion for Trial Preference 808
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ...nced this lawsuit against various defendants who provided care or services to her and were considered her care custodians. The complaint, filed December 21, 2017, alleges causes of action for: (1) elder abuse; (2) negligent hiring and supervision; (3) violations of Health & Safety Code, §1430(b); (4) violations of the Consumer Legal Remedies Act; (5) violations of Business & Professions Code, §§17200 and 17500; and (6) fraud. RELIEF REQUESTED:...
2018.3.16 Motion for Leave to Hear Motion for Summary Judgment, Adjudication 440
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ...p Sogomonyan and Tsovinar Sogomonyan (“Defendants”) are neighbors. Plaintiffs allege that around November 2015, Defendants began harassing Plaintiffs to remove a wooden fence that separated the properties. Plaintiffs allege that Defendants trespassed on their property and destroyed/removed the wooden fence, and erected a new fence. The complaint, filed May 5, 2016, alleges causes of action for: (1) injunctive relief; (2) IIED; (3) trespass; (...
2018.3.16 Demurrer, Motion to Quash Service of Summons 088
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ...: Ok Demurrer to the complaint MP: Defendant Steven Lau, M.D. RP: None Notice; 16/21 Days; POS: See below Motion to Quash Service MP: Defendants Monish Aron, M.D. and Joongho Shin, M.D. RP: None Notice; 16/21 Days; POS: Ok ALLEGATIONS IN COMPLAINT: This is a medical malpractice action that Plaintiff Michael Terry Flint (“Plaintiff”) commenced against various healthcare defendants. Plaintiff alleges that, beginning February 2016 and thereafter...
2018.3.16 Demurrer 758
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ...��Bluffside”) (collectively, “Defendants”) to lease a residential unit from Defendants. Plaintiff alleges that the premises were filthy, contained a water damaged carpet, had dangerous gaps in the floor of the parking garage, unsanitary laundry rooms, structural weaknesses in the ceiling and walls, leaking ceiling and walls, faulty plumbing, broken appliances, unhealthy odors emanating from pipes, mold, bugs, roaches, and inadequate securit...
2018.3.16 Demurrer 282
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ...perform legal services pursuant to an oral contract. Plaintiff alleges that he hired Defendant as an independent contractor and gave Defendant several legal assignments to complete, but Defendant failed to complete the assignments and to provide regular invoices. The complaint, filed September 14, 2017, alleges causes of action for: (1) fraud and deceit (Count 1: false promise; Count 2: negligent misrepresentation); (2) accounting; (3) breach of ...
2018.3.16 Application for Writ of Possession 608
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.16
Excerpt: ... 2017 Kia Sportage, VIN KNDPNCAC5H7169279. The complaint, filed November 21, 2017, alleges causes of action for: (1) claim and delivery of personal property, for pre-trial writ of possession, and order directing transfer of personal property and restraining order; and (2) money due on a contract. RELIEF REQUESTED: Writ of Possession for 2017 Kia Sportage. DISCUSSION: The writ of possession will permit Plaintiff to obtain possession of the tangibl...
2018.3.9 Motion for Discovery Sanctions 100
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.9
Excerpt: ... Shen”) stole and embezzled money from Plaintiff. Plaintiff alleges that Mr. Shen, as then-CEO of Plaintiff, caused Plaintiff to accept a promissory note for $553,100 with Ms. Shen and that Mr. Shen spent more than $5 million of Plaintiff's funds to purchase jewelry and handbags for Ms. Shen. The FAC, filed May 25, 2017, alleges causes of action for: (1) breach of written contract against Ms. Shen; (2) rescission based on fraud and failure of c...
2018.3.9 Motion to Compel Deposition 186
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.9
Excerpt: ...rias RP: None ALLEGATIONS IN COMPLAINT: In this action, Plaintiffs allege that were residents of Defendant Royal Gardens Apartments Inc.'s properties at 6721, 6705, and 6711 Riverton Avenue, North Hollywood, California 91606. They allege that the apartment units were infested with vermin, rodent, and roaches, had mold, and other various problems. The first amended complaint, filed January 18, 2017, alleges causes of action for: (1) breach of warr...
2018.3.9 Motion to Compel Responses 464
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.9
Excerpt: ... from Plaintiff Michel Garcia aka Michael Garcia. Defendant seeks sanctions against Plaintiff Michael Garcia and Plaintiffs' counsel of record in the amount of $2,507.50. DISCUSSION: This case arises from a breach of warranty of habitability case filed by Plaintiffs Maria Guadalupe Nunez, Endy Nunez, Jessica Aguirre, Marisol Flores, Luis Leon-Salvador, Matias Leon-Angel, Sandra Leon-Salvador, Michael Garcia, and Maria Ester Salvador. The action i...
2018.3.9 Motion to Strike Punitive Damages 142
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.9
Excerpt: ...Ecstasy, or Molly), while attending Hard Summer Music Festival on August 3, 2014, which was organized by Defendant Live Nation Worldwide, Inc. and its subsidiary Defendant Hard Events LLC. RELIEF REQUESTED: Defendant Contemporary Services Corporation moves to strike the allegations and prayer for punitive damages from Plaintiff's complaint. DISCUSSION: Accompanying the motion to strike is the declaration of Michelle Watkins, counsel for Defendant...
2018.3.5 Motion for Discovery Sanctions 100
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.5
Excerpt: ... Shen”) stole and embezzled money from Plaintiff. Plaintiff alleges that Mr. Shen, as then-CEO of Plaintiff, caused Plaintiff to accept a promissory note for $553,100 with Ms. Shen and that Mr. Shen spent more than $5 million of Plaintiff's funds to purchase jewelry and handbags for Ms. Shen. The FAC, filed May 25, 2017, alleges causes of action for: (1) breach of written contract against Ms. Shen; (2) rescission based on fraud and failure of c...
2018.3.5 Motion to Compel Responses 464
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.5
Excerpt: ... from Plaintiff Michel Garcia aka Michael Garcia. Defendant seeks sanctions against Plaintiff Michael Garcia and Plaintiffs' counsel of record in the amount of $2,507.50. DISCUSSION: This case arises from a breach of warranty of habitability case filed by Plaintiffs Maria Guadalupe Nunez, Endy Nunez, Jessica Aguirre, Marisol Flores, Luis Leon-Salvador, Matias Leon-Angel, Sandra Leon-Salvador, Michael Garcia, and Maria Ester Salvador. The action i...
2018.3.2 Demurrer, Motion to Strike 564
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...ners because she was disabled with cerebral palsy, intellectual disability, quadriplegia, and not able to talk, hear, or walk. Plaintiff was able to be transferred from her bed only through a Hoyer Lift. On September 6, 2017, Plaintiff alleges she suffered personal injuries when she was being transferred with the Hoyer Lift. The complaint, filed November 3, 2017, alleges causes of action for: 1. Dependent Adult Abuse (pursuant to Welf. & Inst. Co...
2018.3.2 Demurrer 304
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...yla Kopytova (“Plaintiff”) alleges that in 2017, Defendant Del Toro Loan Servicing, Inc. (“Defendant”) acquired ownership and record title of the property. (Compl., ¶5.) On July 27, 2017, Defendant and Plaintiff entered into a Real Estate Purchase Agreement (“Purchase Agreement”) whereby Plaintiff would purchase the property and acquire ownership of it through escrow. (Id., ¶6.) According to the terms of the Purchase Agreement, the ...
2018.3.2 Demurrer 446
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...within the last 4 years on an open book account for goods and/or services, for which Defendant promised to pay Plaintiff. The total amount of the demand is $116,847.86. Despite having made a demand, Plaintiff alleges Defendant has failed and refused to pay all or any part of the sum. The complaint, filed October 5, 2017, alleges causes of action for: 1. Open Book Account; and 2. Account Stated. RELIEF REQUESTED: Defendant generally and specially ...
2018.3.2 Motion to Authorize Settlement and Adjudicate Lien 306
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...d and LF Associates, Inc. was entered in good faith; and (2) adjudicating the lien filed by lien claimant, FTC Commercial Corp. <0003000300030003000300 00030003000300030003[ DISCUSSION: This case arises from the Plaintiffs' claim that the Defendants breached an agreement for the sale of real property by refusing to transfer the property. The Plaintiffs filed a notice of settlement on October 25, 2017. The Plaintiffs agreed to dismiss the claims a...
2018.3.2 Motion for Judgment on the Pleadings 363
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...laintiff Brett Stettner (“Plaintiff”) alleges he is the surviving child of decedent Norman Stettner (“Decedent”). Plaintiff brings this wrongful death action against various defendants (nursing homes, hospitals, and medical professionals) for their alleged failure to provide proper treatment to Decedent, resulting in his death. The operative Second Amended Complaint (“SAC”) filed June 30, 2017, alleges causes of action for: (1) wrongf...
2018.3.2 Motion to Comply with Deposition 086
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...ng 15 non-parties to comply with deposition subpoenas for production of business records. ALLEGATIONS: This case arises from the Plaintiffs' claim that they suffered personal injuries when they tripped and fell on a dangerous condition on the premises of the Defendant, Universal Studios Hollywood. The Defendant filed a Cross-Complaint against C.W. Driver, Inc. and City Commercial Plumbing, Inc. on the ground that they had created the uneven pavem...
2018.3.2 Motions to Compel Further Responses, Issue Sanctions 004
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...n elder adult, was a patient at Defendant Windsor Gardens Healthcare (“Windsor”) from February 22, 2016 to March 2, 2016; and was a patient of Defendant Providence Trinity Care Hospice (“Trinity”) from <0019001100030003003300 00030044004f004f0048>ges that Defendants and their employees/agents failed to meet the standard of care with respect to Decedent. As to Defendants Andrew and Pauline Facciano (Plaintiff's siblings), Plaintiff alleges...
2018.3.2 Motion to Lift Stay 068
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...ovide immigration services to Plaintiff when Defendants failed to prepare immigration petitions. Plaintiff also claims that Defendants breached an agreement to transfer 51% interest in Defendants' LLC to Plaintiff because after Plaintiff paid $218,000, Defendants did not transfer the interest. On April 27, 2017, the Court granted Defendants' motion to compel arbitration and stayed the action pending the outcome of the arbitration. A status confer...
2018.3.2 Motion to Continue Trial 100
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...inuing all statutory deadlines with the trial date. ALLEGATIONS IN COMPLAINT: In this action, Plaintiff Scuderia Capital Partners, Inc. alleges that Defendants Eric Po- Chi Shen (“Mr. Shen”) and his ex-wife Yufen “Feny” Shen (“Ms. Shen”) stole and embezzled money from Plaintiff. Plaintiff alleges that Mr. Shen, as CEO of Plaintiff, caused Plaintiff to accept a promissory note for $553,100 with Ms. Shen and that Mr. Shen spent more tha...
2018.3.2 Motions to Set Aside Dismissal, Enforce Settlement 202
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...en Su, Plaintiff Camillo Rosales, and Plaintiff Imelda Rosales were dismissed from the action. RELIEF REQUESTED: Plaintiffs move to set aside the dismissal entered in this case on September 19, 2017. Plaintiff also move for the Court to enforce the settlement agreement. DISCUSSION: <00550048004a0044005500 0003004b00440045004c[tability of the building owned, managed, and controlled by Defendant Fortunado Marquez (“Defendant”). Plaintiffs resid...
2018.3.2 Motion to Compel Further Responses 246
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...LAINT: <0044005700480047000300 0003002f0058004f004f> St., Sun Valley, CA 91352, a single- family residence. Plaintiff JPMorgan Chase Bank, N.A. (“Plaintiff”) seeks declaratory relief and reformation of instrument for the purpose of reforming Plaintiff's Deed of Trust based on a scrivener's error and to add Defendant Leticia Torres as a trustor under the Deed of Trust. The complaint, filed January 25, 2017, alleges causes of action for: (1) de...
2018.3.2 Motion to Compel Arbitration 369
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...ion pending arbitration. BACKGROUND: In this action, Plaintiff California Drilling & Blasting Co., Inc. (“Plaintiff”) alleges that it provided services and equipment to Defendants for drilling and blasting. However, Plaintiff alleges Defendant Papich Construction Company, Inc. (“Papich”), the subcontractor on the project, breached the agreement by failing to pay all sums that are now due and owing as of June 1, 2017. The complaint, filed ...
2018.3.2 Motion for Summary Judgment 548
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...��Plaintiff”) alleges that he loaned Defendant Yan Dong Jiang (“Defendant”) 15,000,000.00 RMB (approximately $2,500,000.00 USD) on December 7, 2013 while in the People Republic of China. (Compl., ¶6.) The parties memorialized the loan in the form of an executed promissory note, such that the loan was to be repaid by March 18, 2014. (Id., ¶6, Ex. A.) Plaintiff alleges Defendant acknowledged receipt of the loan. (Id., ¶7, Ex. B.) On June 2...
2018.3.2 Motion for Summary Adjudication 409
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...s, Inc. (“Plaintiffs”) leased property from Alex Kuiumdjian, Elizabeth Kuiumdjian, and Egish Kuiumdjian (property owners, “Kuiumdjian Parties”). Defendants, Paul Locker and Locker Realty Corp. (“Locker Defendants”), were the brokers during the negotiations. Locker Defendants made false representations about the conditions on the property by concealing water intrusion and mold. Further, Locker Defendants conspired to defraud Plaintiffs...
2018.3.2 Motion for Leave to File Complaint 492
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.3.2
Excerpt: ...case arises from Plaintiff William J. Hoffman's claim that Defendants engaged in fraud in their business dealings with him. Plaintiff is a federal court-appointed permanent receiver for Nationwide Automated Systems, Inc., Oasis Studio Rentals, LLC, Oasis Studio Rentals #2, LLC, Oasis Studio Rentals #3, LLC and their subsidiaries and affiliates. Defendants Damien Perillo and Fiji Rentals, Inc. filed a Cross-Complaint for indemnity to claim that Ro...
2018.2.23 Motion to Set Aside Default 844
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...laintiffs Lourdes Vasquez and Vahe Avanessian (spouses) allege that Vasquez organized a trip for 36 of their family members to go on a cruise together through Defendant NCL (Bahamas) Ltd. During the process of reserving and purchasing tickets, Defendant did not ask whether anyone was pregnant. On the day of the cruise's departure, Plaintiffs and their family stood in line to board the ship. Vasquez had marked that she was pregnant on her form and...
2018.2.23 Application for Writ of Possession 806
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...le supplemental papers and give Defendant until 2/20/18 to file supplemental papers. RELIEF REQUESTED: Writ of Possession to obtain possession after hearing for aligner, VIN reader, and turntable. DISCUSSION: This case arises from the Plaintiff's claim that the Defendant breached a written lease agreement by failing to make payments due. Plaintiff requests a writ of possession in order to obtain possession of the equipment that the Defendant was ...
2018.2.23 Demurrer, Motion to Strike 004
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ... Gardens Healthcare (“Windsor”) from February 22, 2016 to March 2, 2016; and was a patient of Defendant Trinity Care Hospice (“Trinity”) from March 2, 2016 up to her death on March 5, 2016. Plaintiff alleges that Defendants and their employees/agents failed to meet the standard of care with respect to Decedent. As to Defendants Andrew and Pauline Facciano (Plaintiff's siblings), Plaintiff alleges that they made a healthcare decision to tr...
2018.2.23 Demurrer, Motion to Strike 468
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...dant Alis Nazikyan entered into a written contract with Plaintiff's assignor, Bank of America, N.A., whereby Plaintiff's assignor loaned money to defendant for his educational expenses. Plaintiff is the assignee of the contract. Defendant agreed to repay Plaintiff's assignor for the monies, but has failed to make such payments. CAUSES OF ACTION IN COMPLAINT: (1) Breach of Contract RELIEF REQUESTED: Demurrer to the single cause of action for breac...
2018.2.23 Motion for Attorney's Fees 985
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...iff”) alleges he purchased residential property from Defendants/Cross-Complainants Steve and Linell Myers (“Defendants”), pursuant to a purchase agreement. (Mot., Ex. 1.) Plaintiff alleges he was cited by LADBS for not having a permit on the barn and claimed he spent $100,000 to comply with the municipal code and get a permit. Defendants prevailed at trial on October 16, 2017, and judgment was entered in their favor on December 15, 2017. Th...
2018.2.23 Motion for Summary Judgment, Adjudication 100
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...n (“Ms. Shen”) stole and embezzled money from Plaintiff. Plaintiff alleges that Mr. Shen, as CEO of Plaintiff, caused Plaintifff to accept a promissory note for $553,100 with Ms. Shen and that Mr. Shen spent more than $5 million of Plaintiff's funds to purchase jewelry and handbags for Ms. Shen. The FAC, filed May 25, 2017, alleges causes of action for: (1) breach of written contract against Ms. Shen; (2) rescission based on fraud and failure...
2018.2.23 Motion to Compel Deposition 438
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...ssing the street, they were struck by a motor vehicle driven <0015001300140017001100 004c0049004900560003[have also sued various defendants on the basis that they negligently designed, assembled, manufactured, sold, leased, supplied, or distributed the subject vehicle driven by Varanian, and that the vehicle had a defective braking system. The complaint, filed March 30, 2016, alleges causes of action for: (1) general negligence; (2) products liab...
2018.2.23 Motion to Compel Further Responses 970
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...avement, which constituted a dangerous condition. The complaint, filed August 17, 2016, alleges causes of action for: (1) premises liability; and (2) general negligence. RELIEF REQUESTED: 1. Order compelling Plaintiff to serve further responses to Form Interrogatories, Set One <000f000300140014001100 001700110014001e0003[request for sanctions in the amount of $1,850 2. Order compelling Plaintiff to serve further responses to Special Interrogatori...
2018.2.23 Motion to Compel Mental Exam 960
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...lbandyan alleges that she was battered and harassed by Defendant Yina Chang. The complaint was filed September 30, 2016. The FAC, filed November 17, 2016, alleges causes of action for: (1) assault, (2) battery, (3) IIED, (4) negligence, (5) trespass, (6) private nuisance, (7) preliminary and permanent injunction, and (8) declaratory relief. Defendant moves to compel the mental examination of Plaintiff. As the moving papers are filed under seal, t...
2018.2.23 Motion to Compel Partial Satisfaction of Judgment 324
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ...d into a contract with Defendants David Kwok and Elke L. Coffey on February 17, 2006. He alleges that on December 1, 2007, Defendants filed to make payments on the note secured by a second deed of trust, which resulted in foreclosure on July 2, 2007 by the senior trust deed and loss of the security interest held by Plaintiff. Plaintiff thus alleges the suffered injury in the principal balance of $88,800 with interest, as well as expended $2,184.6...
2018.2.23 Motion to Set Aside Default 860
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.23
Excerpt: ... action, Plaintiff Antranik Kevorkian alleges that Defendants accused him of vandalism in a Ralph's market parking lot and thereafter filed a misdemeanor criminal complaint against him. Plaintiff alleges this has subjected him to going to court and malicious prosecution. The complaint, filed July 10, 2017, alleges causes of action for: (1) negligence; (2) negligent infliction of emotional distress; (3) violation of 14 th Amendment to the U.S. Con...
2018.2.16 Motions for Summary Judgment, Sanctions 702
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.16
Excerpt: ...The Defendants violated statutory requirements for using California's non-judicial foreclosure procedures to collect the debt. CAUSES OF ACTION IN SECOND AMENDED COMPLAINT: 1) Violation of Civil Code section 2923.6 2) Violation of Civil Code section 2923.7 3) Declaratory Relief pursuant to Civil Code section 2924.12 (removed by demurrer) 4) Violation of Business and Professions Code section 17200 (removed by demurrer) RELIEF REQUESTED: 1. Summary...
2018.2.16 Motion for Protective Order 900
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.16
Excerpt: ...récis: The Plaintiff is the widow and successor-in-interest to Bryan Carlstrom, who was one of three members of Tranzformer Studios, LLC. The other members were the Defendants, Dave Jerden and Annette Cisneros. After Bryan Carlstrom passed away in 2013, Annette Cisneros remained in control of the company. Annette Cisneros then sold property of the company to pay expenses and then advised the Plaintiff that she was keeping some of the property fo...
2018.2.16 Motion to Amend Ruling Nunc Pro Tunc 893
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.16
Excerpt: ...s from the Plaintiff's claim that he suffered personal injuries because he was subjected to a strip search and a drug test and he was deprived of his cell phone and medications when he sought psychiatric treatment from the Defendants. No trial is set. <0049000f0003002a004400 004800480051000f0003>presented an ex parte application to amend the January 13, 2017 order. The Court set the matter for February 16, 2018. The Plaintiff argues that there is...
2018.2.16 Motion to Quash Service of Summons 489
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.16
Excerpt: ...laintiff near the Plaintiff's apartment at the Sierra Monterey Apartments. In addition, the Plaintiffs claim that the apartment owners, Defendants, Ronald Staebler and Jacqueline Staebler, and their managing agent, the Defendant, Aurelio Holguin, wrongfully evicted the Plaintiffs. On October 25, 2017, the Plaintiffs filed an amendment that identified DOE Defendant 5 as Renate Staebler. The Defendant filed this motion to quash the DOE Amendment on...
2018.2.16 Motion for Attorney's Fees 068
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.16
Excerpt: ...n October 20, 2017, the Court sustained the Defendant's demurrer to the Complaint on the ground that the claims were preempted by the Home Owners' Loan Act and that the Plaintiff has not satisfied the tender rule. The Court did not grant leave to amend and dismissed the Defendant. The Plaintiff then dismissed the case on October 23, 2017. A judgment of dismissal was entered on November 15, 2017. This hearing concerns the Defendant's motion for at...
2018.2.9 Motion for Reconsideration 893
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...presentation of the Plaintiff DISCUSSION: This case arises from the Plaintiff's claim that he suffered personal injuries because he was subjected to a strip search and a drug test and he was deprived of his cell phone and medications when he sought psychiatric treatment from the Defendants. No trial is set. At this hearing, the Plaintiff, Gabriel Green, requests that the Court reconsider the November 3, 2017 order that granted leave to Gary Brown...
2018.2.9 Motion to Compel Further Responses 086
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ... compelling further responses to special interrogatories; order imposing monetary sanctions. 3. Order compelling further responses to requests for production; order imposing monetary sanctions. 4. Order compelling further responses to requests for admission; order imposing monetary sanctions. CHRONOLOGY: Discovery Served: May 12, 2017 <0003000300240058004a00 001500130014001a> Motions Filed: December 19, 2017 (Timely by agreement) DISCUSSION: This...
2018.2.9 Motion to Strike 100
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...fered damages because the Defendant leased residential property to them that was not habitable, e.g., the doors would not lock, refuse was strewn throughout the property, lights and electrical sockets did not work, mold was in several locations, toilets did not flush, and sinks did not drain. This hearing concerns the Defendant's motion to strike the claims for non-economic damages, for attorney's fees, and for punitive damages from the Complaint...
2018.2.9 Petition to Confirm Arbitration Award 782
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ... they left the Plaintiff unattended in her wheelchair with the result that the Plaintiff fell out of her wheelchair. The case was transferred from Department 98 on November 29, 2016. On January 20, 2017, the Court granted the Defendant's motion to compel the matter to be submitted to arbitration and stayed the action pending the outcome. The arbitrator issued an award in favor of the Plaintiff on November 7, 2017. This hearing concerns the Plaint...
2018.2.9 Demurrer, Motion to Strike 470
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...hat was adopted by California's voters <004f004400550044005700 0057005600030055004c>ght to operate a commercial marijuana business in light of Proposition 64, injunctive relief, and a writ of mandate to stop the threats to arrest the Plaintiff's employees. CAUSES OF ACTION IN COMPLAINT: 1) Declaratory Relief 2) Injunctive Relief 3) Writ of Mandate RELIEF REQUESTED: Demurrer to each cause of action Strike Complaint. DISCUSSION: This hearing concer...
2018.2.9 Demurrer 531
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...nner with the result that the Cross-Complainant had to pay additional costs due to the delay and to correct the problems in the construction work. Further, the Cross- Defendant made false representations that it had not received construction payments with the result that the Cross-Complainant loaned additional funds to the Cross-Defendant. Also, it submitted fraudulent payment vouchers. In addition, after making a complaint to the Contractors Sta...
2018.2.9 Demurrer, Motion to Strike 564
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...lk, hear, or walk. The Plaintiff was able to be transferred from her bed only through a Hoyer Lift. On September 6, 2017, the Plaintiff suffered personal injuries when she was being transferred with the Hoyer Lift. CAUSES OF ACTION IN COMPLAINT 1) Dependent Adult Abuse 2) Negligent Hiring and Supervision RELIEF REQUESTED: Demurrers to 1st and 2nd causes of action Strike twenty-three portions from the Complaint. DISCUSSION: This hearing concerns t...
2018.2.9 Demurrer, Motion to Strike 848
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...NT: Wong Pittayutaiwan was admitted to the Defendant's hospital on March 17, 2017 for internal bleeding. Mr. Pittayutaiwan was diagnosed with peptic ulcers and treated with a blood transfusion and clipping for the ulcers to prevent further blood loss. When two nurses were providing hygienic cleaning assistance to Mr. Pittayutaiwan, he fell to the floor and suffered injuries. These injuries resulted in his death. The Plaintiffs are his daughter, s...
2018.2.9 Motion for Summary Judgment 262
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...written lease. The Defendants breached the lease agreement by failing to pay rent. CAUSES OF ACTION FROM COMPLAINT: 1) Open Book Account 2) Account Stated 3) Reasonable Value 4) Breach of Contract DISCUSSION: Trial is set for March 19, 2018. This hearing concerns the Plaintiff's motion for summary judgment. Under CCP section 437c, a plaintiff may move for summary judgment if that party contends that there is no defense to the plaintiff's causes o...
2018.2.9 Motion for Judgment on the Pleadings 284
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.9
Excerpt: ...fornia's voters <004f004400550044005700 0057005600030055004c>ght to operate a commercial marijuana business in light of Proposition 64 and injunctive relief. CAUSES OF ACTION IN COMPLAINT: 1) Declaratory Relief 2) Injunctive Relief RELIEF REQUESTED: Judgment on the pleadings or strike Complaint DISCUSSION: This hearing concerns the Defendant's motion for a judgment on the pleadings or to strike the pleadings. A motion for a judgment on the pleadi...
2018.2.2 Application for Writ of Possession 806
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...that the Defendant breached a written lease agreement by failing to make payments due. No trial has been set. A case management conference is set for May 21, 2018. At this hearing, the Plaintiff requests a writ of possession in order to obtain possession of the equipment that the Defendant was leasing. First, there is no memorandum that contains a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussi...
2018.2.2 Motion for Determination of Good Faith Settlement 086
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...0 00030003000300030003> DISCUSSION: This case involves the Plaintiff's claim that she suffered personal injuries when she slipped and fell on a sidewalk. The Plaintiff alleges that the Defendant, City of Monterey Park, controls the sidewalk and that Defendants Johnny Man and Helen Chan are liable because they own properties adjacent to the sidewalk. No trial is set. The case management conference is set for this hearing. Trial is set for June 11,...
2018.2.2 Demurrer, Motion to Strike 970
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...MPLAINT: 1) Premises Liability 2) Negligence RELIEF REQUESTED: 1. Demurrer to second cause of action 2. Strike counts for negligence and failure to warn in the first cause of action for premises liability. DISCUSSION: This hearing concerns the Defendant's demurrer and motion to strike directed at the Complaint. An initial issue is that the Plaintiff claimed in the opposition papers that the Defendant did not make an effort to meet and confer, as ...
2018.2.2 Discovery Motions 586
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...0300 004f004e005c00560052>n Order compelling production for documents Order compelling further responses to special interrogatories. DISCUSSION: This case arises from the Plaintiffs' claim that the Defendants failed to pay amounts owed for the use of songs written by Terry Gilkyson for the film “The Jungle Book”. Trial was set for February 2, 2018, and was continued from January 22, 2018. 1. Defendants' Motion to Produce Unredacted Documents ...
2018.2.2 Motion for Attorney's Fees 660
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...fendants are unlawfully detaining the Plaintiff's property. The matter proceeded to trial on October 23, 2017 and the Court found in favor of the Defendants. The judgment was entered on November 27, 2017. This hearing concerns the Defendants' motion for an award of attorney's fees against the Plaintiff. The Defendants seek the attorney's fees under a provision in the lease agreement that allows the prevailing party to obtain attorney's fe...
2018.2.2 Motion for Protective Order 940
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...on. DISCUSSION: This case arises from the Plaintiff's claim that she has suffered property damage to her condominium unit because the Defendants have failed to repair the roof to prevent water leaks. This hearing also concerns the Plaintiff's motion for a protective order that would excuse her responding to the four sets of written discovery that the Defendant propounded on July 31, <00030018000f0003001500 00470003005200510003>assertions from Pla...
2018.2.2 Motion to Compel Further Discovery Responses 088
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...tion 3. Order compelling Defendant to serve further responses to requests for admission CHRONOLOGY: <0003000300030032004600 000f0003001500130014>7 Responses served: December 11, 2017 (timely by agreement) <0003000300030003000300 000300140014000f0003>2018 (timely) DISCUSSION: This case arises from the Plaintiff's claim that he suffered damages when the Defendant attempted to eject the Plaintiff from the property that the Plaintiff was renting from...
2018.2.2 Motion to Strike 438
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ... Vartanian. The minors filed the Complaint in BC615438 to seek damages for their personal injuries. Vartan Vartanian filed a Complaint in a separate action, BC615438, to claim that the motor vehicle he was renting from Hertz Corp. was defective and that the designers and manufacturers of the motor vehicle were liable for the injuries he sustained in the motor vehicle accident. The cases were consolidated and BC615438 designated as the lead case. ...
2018.2.2 Motion to Enforce Settlement 188
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.2.2
Excerpt: ...at the Defendants loaned money at usurious rates of interest, that the Defendants engaged in fraud when they induced the Plaintiff into the loan agreement, that the loan agreement should be cancelled, and that the Defendants are engaged in a wrongful foreclosure on the Plaintiff's property. No trial is set. An OSC regarding dismissal is set for this hearing based on a settlement entered into at a bankruptcy proceeding. At this hearing, the Defend...

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