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Judge: Goorvitch, Stephen I x
2024.05.01 Petition for Writ of Mandate 491
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.01
Excerpt: ...t” or the “Commission”) to set aside its decision (“Decision”) denying Petitioner's applic ation for an exemption from the Commission's coastal development permit (“CDP”) requirements to replace a portion of a lanai terrace structure (the “Lanai”) that is located on the beach at Petitioner's club. Petitioner contends that the Lanai was damaged as a result of severe winter storms in January 2023, and sought an exemption that appl...
2024.05.01 Motion to Stay, Compel Compliance 009
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.01
Excerpt: ...ict (the “District” or “Petitioner”) terminated Jose Martinez (“Martinez”), who worked as a security guard at the school, after he failed to comply with a resolution mandating all Distric t employees be vaccinated against Covid-19 by October 15, 2021. Martinez appealed his termination to the Personnel Commission of the District. Following a hearing, the Personnel Commission adopted the recommendation of the hearing officer and ordered...
2024.04.26 Motion to Find Communications are not Privileged 602
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.26
Excerpt: ...t protected by the attorney-client privilege. The motion is granted with respect to communications on or after April 12, 2022. The motion is denied with respect to communications before April 12, 2022. RELEVANT PROCEDURAL HISTORY On January 25, 2024, while represented by attorneys of Boyd Law APC, Petitioner filed the operative, first amended petition for appointment of a provisional director and for determination of invalidity of efforts to term...
2024.04.26 Motion to Discharge Writ of Mandate 844
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.26
Excerpt: ...9-1731 North Whitley Avenue (the “Project”) in the City. On December 1, 2021, the court (Judge Mitchell Beckloff) granted the petition on the grounds that City prejudicially abused its discretion in concluding that the Project qualified for the Class 32 in -fill development project exemption under CEQA. On May 27, 2022, the court entered a judgment in favor of Petitioner, and on June 22, 2022, the court issued a writ directing City to set asi...
2024.04.26 Application for TRO, OSC Re Preliminary Injunction 841
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.26
Excerpt: ...awfully terminated their agreement. Plaintiff seeks a temporary restraining order requiring Defendants to terminate their current parking manager and re- install Plaintiff as the parking manager pending trial. Plaintiff's ex parte application is denied because Plaintiff does not establish a reasonable likelihood of success on the merits or irreparable harm. BACKGROUND Plaintiff alleges as follows: For the last 60 years, Plaintiff and its affiliat...
2024.04.24 Petition for Writ of Mandate 504
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.24
Excerpt: ...r's driving privilege for one year. Petitioner argues that the DMV did not afford him due process, as required by California DUI Lawyers Association v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517. The DMV did not comply with the clear holding of this case, so the court grants this petition and remands this matter for a new hearing before the DMV. FACTUAL BACKGROUND On July 12, 2022, at approximately 11:55 p.m., Officer J. Di...
2024.04.24 Motion for Leave to Conduct Discovery 093
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.24
Excerpt: ...nduct discovery, which Respondent opposes. The motion is granted in part and denied in part. FACTUAL BACKGROUND Petitioner was licensed to practice medicine in California in 2003. (Petition for Writ of Administrative Mandate (“Pet.”) ¶ 1.) On December 16, 2020, Respondent filed an accusation against Petitioner alleging negligence and failure to maintain accurate medical records. (Id. ¶ 9.) According to the petition, “this case involved th...
2024.04.24 Application for TRO, OSC Re Preliminary Injunction 768
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.24
Excerpt: ...e “federal cause of action”), as well as a series of common law claims. Plaintiff filed this action on April 17, 2024, and JPMorgan Chase Bank filed a notice of removal on April 18, 2024, based upon the federal question. The notice of removal “shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” (28 U.S.C. § 1446(d).) Plaintiff suggests that he intends to dismiss his federal cause ...
2024.04.17 Petition for Writ of Mandate 162
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.17
Excerpt: ...�) that Petitioner received an overpayment of unemployment insurance benefits. Respondent opposes the petition, which is denied. FACTUAL BACKGROUND On September 21, 2021, The EDD notified Petitioner that it determined he had been overpaid unemployment insurance benefits. [1] (AR 5.) The EDD found that “benefits were paid before it was known that you had earnings over $25.99.” (AR 5.) The EDD reported to Petitioner it had added a statutory pen...
2024.04.17 Motion to Amend Judgment 973
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.17
Excerpt: ...rative hearing relating to allegations of sexual misconduct. The court (Beckloff, J.) denied the writ and entered judgment in favor of Respondents. Petitioner filed a timely appeal, and the District Court of Appeal, Division Five, affirmed the judgment. Now, Respondents seek to amend the judgment to enter costs in the amount of $5,813.70, and to include Petitioner's true name on the judgment. The motion is granted in part and denied in part. A. C...
2024.04.02 Motion for Reconsideration, for Judgment on the Pleadings 849
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.02
Excerpt: ...ehalf of the plaintiff in Case Number BC661807, who is Mr. Anthony Miramontes. Plaintiff alleges that Mr. Yates did not pay him a share of the fees for one of the settlements, the “Lime Grove settlement.” Yates argues that this settlement was not covered by the parties' referral agreement. Plaintiff alleges as follows in the operative complaint: Edward Steinbrecher (“Steinbrecher”) was an attorney who maintained a practice, Edward Steinbr...
2024.03.26 Motion for Attorney Fees 474
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.26
Excerpt: ...rbitration as to Plaintiff's claims against Carwell and denied the motion as it related to Mercedes -Benz. On February 5, 2024, Plaintiff filed a notice of settlement and motion for attorneys' fees, as well as a copy of Defendant's settlement offer under Code of Civil Procedure section 998. Defendant offered $5,000 in attorneys' fees but gave Plaintiff's counsel the option of “allow[ing] the Court to determine, in a noticed motion and/or by Pla...
2024.03.26 Motion to Enforce Stay or Compel Arbitration, to Strike 987
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.26
Excerpt: ... Inc. (“Modern HR”); and Amanda Moore (“Moore”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposed the motion, which the Court granted on August 17, 2023, and the Court stayed the case. Notwithstanding the stay, Plaintiff's counsel named six more defendants to this case on September 18, 2023. Then, Plaintif...
2024.03.26 Motion for Protective Order 192
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.26
Excerpt: ... true, and that Leslie Lindeman —who is Karyn McCarthy's husband—should be excluded because he is a percipient witness in this case. On August 10, 2023, the parties agreed to schedule Plaintiff's deposition for September 29, 2023. (Declaration of Corey G. Singer, ¶ 6.) The night before the deposition—September 28, 2023, at 5:00 p.m.—Plaintiff's counsel asked that Lindeman should be added to the list for building security. (Id., ¶ 8.) De...
2024.03.26 Motion to Set Aside Default, for Turnover Order 005
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.26
Excerpt: ...r Plaintiff SoCal Lien Solutions, LLC (“Plaintiff”) filed this breach of contract action against BDB Properties (“Defendant”), based upon having been assigned the claim, per Civil Code section 954. The Court incorporates its minute orders of March 23, 2021, and September 29, 2023, by reference and includes the relevant details in this order. Plaintiff filed this action on August 8, 2019. The summons and original complaint were served on �...
2024.03.21 Motion for Attorney Fees 474
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.21
Excerpt: ...ated to Mercedes- Benz. On February 5, 2024, Plaintiff filed a notice of settlement. Plaintiff's counsel seeks $39,192 in attorneys' fees based upon 85.2 hours at a billing rate of $460 per hour. Defendants oppose the motion, arguing that Plaintiff's counsel is entitled to only $7,945 in attorneys' fees. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. ( PLCM Group v. Drexler (2000) 22 Cal.4t...
2024.03.20 Motion to Compel Deposition 634
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.20
Excerpt: ...periencing difficulty appearing remotely, she may contact the Court's clerk, Roberto Mendoza, at (213) 633 -0159, and he will arrange for her to appear via telephone. [TENTATIVE] ORDER Plaintiff Fredy Wembe (“Plaintiff”) filed this employment action against Defendants Target Corporation and Manuel Quijada (collectively, “Defendants”). Now, Defendants move to compel Judith Andrades, formerly known as Judith Parada (the “Deponent”), who...
2024.03.20 Demurrer 700
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.20
Excerpt: ...underpaid for this medical care. Defendant now demurs to the first amended complaint. “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court d...
2024.03.19 Motion to Compel Deposition, for Protective Order 356
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.19
Excerpt: ...t and general partner of Group V, which owns the subject premises. (See Declaration of Mike Nijjar, ¶ 1.) Group V seeks a protective order to prevent Plaintiffs from taking this deposition, arguing that it is an apex deposition. Plaintiff represents that Nijjar is the sole partner and employee of Group V. Counsel for Group V does not dispute that representation. Because Nijjar is the only partner/employee, there is no less intrusive means of obt...
2024.03.18 Special Motion to Dismiss Complaint 778
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.18
Excerpt: ...g that the claim is not precluded by the “ministerial exception” to the state's employment laws. Specifically, the Court found as follows: “Plaintiff alleges that Defendant terminated him without following the proper procedures in the contract and bylaws. (First Amended Complaint, ¶¶ 8, 11.) The first amended complaint is not predicated upon any alleged issues with Plaintiff's performance o r qualifications. Therefore, the only inquiry is...
2024.03.18 Motion to Strike 461
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.18
Excerpt: ...to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an ord er of the cour...
2024.03.14 Motion for Summary Judgment, for Protective Order 823
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.14
Excerpt: ... with his employment with the City of Los Angeles by communicating false information about him. Plaintiff asserts the following cases of action against the City of Riverside: Fifth COA – Intentional Interference with Contractual Relations Sixth COA – Intentional Interference with Prospective Economic Advantage Seventh COA – Negligent Interference with Prospective Economic Advantage Now, the City of Riverside moves for summary judgment on mu...
2024.03.14 Demurrer, Motion to Strike 304
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.14
Excerpt: ...nd and uses screen readers in order to access the internet and read website content.” (Complaint, ¶ 7.) Plaintiff alleges that Defendant's website is not accessible. (Complaint, ¶¶ 4, 7.) Now, Defendant demurs to the complaint and moves to strike the prayer for injunctive relief and allegations concerning “tester standing.” “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis ...
2024.03.13 Motion for Summary Judgment 659
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.13
Excerpt: ... ¶ 6.) On or about May 4, 2004, Defendant entered into a sublease with Plaintiff whereby Plaintiff leased the property. (Id., ¶ 7.) Plaintiff alleges that the term of the lease was 10 years, from August 1, 2004, through July 31, 2014. (Id., ¶ 7.) The sublease provided three options for Plaintiff to extend the lease. (Id., ¶ 9.) Each option was for a five -year extension, meaning that the total lease term could be 25 years. (Ibid.) Plaintiff a...
2024.03.11 Motion to Compel Further Responses, for Protective Order 192
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.03.11
Excerpt: ...ach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, and failure to pay wages under Labor Code section 201. Plaintiffs allege as follows: Karyn McCarthy is a well -known and two -time Emmy nominated producer of television programs and motions pictures. (First Complaint, ¶ 11.) In February and March 2022, Plaintiff's agent solicited three opportunities for her to serve as executive producer of a new televis...

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