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2024.02.15 Motions to Remove Case from Arbitration, to Enforce Stay Pending Arbitration 987
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.15
Excerpt: ...CPE”); Mo dern HR, 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, ...
2024.02.15 Motion to Compel Mental Exam 634
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.15
Excerpt: ...dition at issue in this lawsuit, which means Defendants are entitled to conduct their own mental examination of Plaintiff. Contrary to Plaintiff's counsel's argument, the motion is timely. Based upon the foregoing, the Court orders as follows: 1. Defendants' motion for a mental examination of Plaintiff is granted. Plaintiff shall make himself available for the examination within twenty (20) days. 2. The parties shall meet -and -confer forthwith a...
2024.02.15 Motion for Protective Order 497
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.15
Excerpt: ...s. Defendant moves to a protective order, which Plaintiff opposes. The motion is granted. Code of Civil Procedure section 2025.420 provides, “The court, for good cause shown, may make any order that justice requires to protect any . . . deponent . . . from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense . . . .” (Code Civ. Proc., § 2025.420.) Per Liberty Mutual Insurance Co. v. Superior Court (1992) 10 Cal.Ap...
2024.02.15 Motion for Attorney Fees 112
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.15
Excerpt: ...peal ordered that Defendants are entitled to recover their costs on appeal. However, Defendants' counsel also seeks $24,872.65 in attorneys' fees. Defendants' motion is problematic. As an initial matter, the notice of motion seeks only attorneys' fees “incurred in defending an appeal” of the Court's decision to grant the anti -SLAPP motion. However, the motion itself seeks a large amount of fees for judgment debtor proceedings in Defendants' ...
2024.02.15 Demurrer 554
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.15
Excerpt: ...s and Professions Code section 17200 3. Breach of Contract 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Breach of Quasi-Contract 6. Negligence 7. Fraudulent Inducement ICANN is a California non- profit public benefits corporation with its principal place of business in Los Angeles, California. (Complaint, ¶ 13.) ICANN registers internet domain names. (Id., ¶ 2.) In March 2000, X.com merged with Confinity to create PayPal....
2024.02.15 Demurrer 201
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.15
Excerpt: ...ce for breach of contract – Both defendants 2. Breach of contract – TGB Promotions 3. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6307e(b) – Both defendants 4. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6304(4) – Both defendants 5. Conspiracy to violate the Professional Boxing Safety Law – Both defendants 6. Unfair business practices – Both defendants 7. Promissory estoppel – Both defendants 8. D...
2024.02.09 Motion for New Trial, Tax Costs 230
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.09
Excerpt: ...eventually led to his death. Plaintiff proceeded to trial on claims for intentional infliction of emotional distress, negligence, and trespass to chattels. The Court granted Defendant's motion for nonsuit on the claim for intentional infliction of emotional distress. The jury returned a verdict in favor of Plaintiff on the remaining causes of action and awarded a total of $255,000 in damages based upon $5,000 in economic damages, $150,000 in past...
2024.02.08 Motion to Compel Arbitration 794
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.08
Excerpt: ...the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, internal quotat...
2024.02.08 Demurrer 060
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.08
Excerpt: ...t 22, 2019, Plaintiff referred a case to Defendants, and the parties had an oral agreement pursuant to which Defendants would pay her a referral fee of 50% of all proceeds from the case. Plaintiff did not have a signed fee sharing agreement per the California Rules of Professional Conduct, rule 1.5.1. Defendants allegedly stated that a signed agreement “would not be needed when she became an employee of the Law Firm of Arash Khorsandi, APC.” ...
2024.02.07 Demurrer 798
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.07
Excerpt: ...Plaintiff alleges that he worked for Defendants, earning significant “commissions, revenue and income.” (Id., ¶ 10.) Plaintiff alleges that Defendants have refused to pay him owed commissions since January 15, 2020. (Ibid.) Accordingly, Plaintiff asserts causes of action for accounting, fraud, and common counts. Defendants demur to the second cause of action, fraud. Plaintiff must allege fraud with particularity. “This means: (1) general p...
2024.02.05 Demurrer, Motion to Strike 800
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.05
Excerpt: ... and properly informed its insurer—Defendant—of the lawsuit. Plaintiff alleges that Defendant wrongfully, unreasonably, and intentionally refused to honor its duty to investigate and defend. Defendant demurs to the 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 c...
2024.02.02 Motion to Vacate Order Compelling Arbitration 367
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.02
Excerpt: ...h respect to the third and fourth causes of action. Defendants then moved to compel arbitration of the remaining claims, and the Court granted that motion. Now, Plaintiff moves to vacate the Court's order and return this case to the Superior Court based upon Defendants' alleged failure to pay the arbitration fee before the deadline. Under the California Arbitration Act, in an employment arbitration, if the employer fails to timely pay the fees an...
2024.02.01 Motion for Further Bill of Particulars 376
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.02.01
Excerpt: ...d assist Spina with its social media presence. Pittleman alleges that she is owed $177,000 for her work. Spina alleges that it agreed to give Pittleman a commission of 10% on the net profits from new sales made by Pittleman to Spina's existing customer Healthy Spot. Spina alleges that Pittleman demanded a 25% interest in the company, and when Spina refused, Pittleman allegedly shut down its website and removed its products from Spina's social med...
2024.01.31 Demurrer 411
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.31
Excerpt: ...d support in the amount of $4,058 per month. (First Amended Complaint, ¶ 10.) The parties subsequently purchased a condominium with Plaintiff holding a one percent interest and Defendant holding a 99% interest. (Id., ¶ 12.) In or about September 2016, the parties agreed to modify Defendant's child support payments. (Id., ¶ 13.) Defendant agreed to a monetary increase and to execute a deed transferring to Plaintiff an additional 43% interest in...
2024.01.30 Motion for Protective Order, OSC Re Contempt 831
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.30
Excerpt: ...yan Nourafchan, Mehdi Vosogh, and 9419 Mason Partners LLC (“Mason”) (collectively, “Defendants”). This action stems from Defendants' interest in using Original Balboa's license to operate multiple different cannabis businesses at that location. Plaintiffs allegedly leased industrial space from Mason Partners and Defendant Nourafchan. Now, Defendants move for a protective order and monetary sanctions and move for an order disqualifying Pla...
2024.01.29 Demurrer, Motion to Strike 582
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.29
Excerpt: ...ion in the first amended complaint: First COA – Disability discrimination under the Fair Employment and Housing Act (“FEHA”) Second COA – Failure to prevent discrimination/harassment Third COA – Retaliation under FEHA Fourth COA – Violation of the California Family Rights Act Fifth COA – Harassment under FEHA Sixth COA – Retaliation under Labor Code section 1102.5 The Court struck a second amended complaint that was filed without ...
2024.01.26 Motion to Enforce Settlement 491
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.26
Excerpt: ...ties appeared and reported that they resolved the issue of attorneys' fees but “the surrender of the vehicle ha[d] not yet occurred.” (See Court's Minute Order, dated June 15, 2023.) The parties appeared on August 3, 2023, and Plaintiff's counsel “represent[ed] that she is still awaiting the vehicle surrender.” (See Court's Minute Order, dated August 3, 2023.) Plaintiff's counsel filed a motion to enforce the settlement on September 12, 2...
2024.01.25 Demurrer, Motion to Strike, to Compel Responses, Deem Admitted 953
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.25
Excerpt: ...on against Defendants asserting various causes of action stemming from the parties' landlord-tenant relationship. Defendants demur to the complaint and move to strike certain allegations. However, Defendants' counsel filed two copies of the motion to strike and did not file the demurrer. Therefore, the Court continues the hearings on the demurrer and motion to strike to March 8, 2024, at 8:30 a.m. The Court orders Defendants to file the demurrer....
2024.01.25 Application to Set Aside Default Judgment 532
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.25
Excerpt: ...and to recall and quash the writ of execution. Defendant argues that the judgment is void because the complaint alleges damages in the amount of $103,436, and the default judgment imposes joint and several liability in the amount of $281,663.75 (in addition to prejudgment interest, attorneys' fees, and costs). Defendant also argues that the judgment is void because it includes a PAGA penalty of $22,500 but does not include the State of California...
2024.01.24 Motion for Leave to File SAC 377
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.24
Excerpt: ...of action, alleging that Defendant did not pay Plaintiff her rightful share of the revenue profits of the limited liability company. Plaintiff alleges that Defendant made unauthorized distributions of revenue and profit to himself since 2006 and failed to account to Plaintiff for her ownership interest in the limited liability company. The parties previously appeared before the Court on Plaintiff's motion for appointment of a receiver, but the pa...
2024.01.24 Demurrer 847
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.24
Excerpt: ...d, and fourth causes of action. “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 draws inferences favorable to the plaintiff, not the def...
2024.01.23 Motion for Reconsideration, Judgment on the Pleadings 849
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.23
Excerpt: ...aintiff to fees relating to Mr. Yates' work on behalf 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. On September 26, 2023, the Court granted Defendants Steve Vartazarian and his practice's motion for judgmen...
2024.01.23 Demurrer, Motion to Strike 148
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.23
Excerpt: ...ious clubs and functions, and Pineda was an unpaid volunteer for the Montecito Heights Seniors Club (the “Seniors Club”). In October 2017, the Seniors Club scheduled a trip to Las Vegas, which required two buses. The Seniors Club contracted with Arriage to provide the buses, but he did not have any buses available for the trip, so he subcontracted with Defendant. Defendant had only one bus available, so he subcontracted the other bus to a com...
2024.01.19 Demurrer, Motion to Strike 562
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.19
Excerpt: ...5, intentional infliction of emotional distress, and conspiracy. Plaintiff also asserts a claim for punitive damages. The Court previously sustained the demurrer and granted the motion to strike with leave to amend. The Court previously sustained Defendants' demurrer but granted leave to amend. The original complaint alleged that Plaintiff was subjected to a “sham” investigation, but it was unclear whether the investigation was non-existent a...
2024.01.18 Application to Seal Docs, for Summary Judgment 698
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.18
Excerpt: ...old a hearing and expressly find that (i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substantial probability that the interest will be prejudiced absent closure and/or sealing; (iii) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest; and (iv) there is no less restrictive means of achieving the overriding interest.” (NBC Subsidiary (KNBC‐ TV), Inc. v. Superior ...
2024.01.17 Motion to Set Aside Default, for Turnover Order 189
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.17
Excerpt: ...ludes the relevant details in this order. Plaintiff filed this action on August 8, 2019. The summons and original complaint were served on “Vanik Vergovian of Shalili & Shalili—Agent for Service” at “1200 S. Hope Street, Ste. 1000, Los Angeles, CA 90015.” Plaintiff obtained a default judgment, following which Defendant filed an ex parte application to set aside that default judgment. The Court gave Defendant the benefit of the doubt and...
2024.01.17 Motion to Compel Deposition 583
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.17
Excerpt: ...ssment, defamation and trade libel, intentional infliction of emotional distress, interference with existing and prospective contractual relationships, and unfair competition. Shawn Yadidi and Promed filed a first amended cross-complaint against Plaintiffs asserting causes of action for civil conspiracy for fraud, misappropriation of trade secrets, and unfair business practices. The complaint was filed on December 21, 2021, and the first amended ...
2024.01.12 Motion for Summary Judgment 814
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.12
Excerpt: ...Housing Act, Government Code section 12900, et seq. Defendant now moves for summary judgment, which Plaintiff opposes. When deciding issues of adverse employment actions, such as discrimination and retaliation, the Court applies the McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 shifting burdens test. (Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 203; Loggins v. Kaiser Permanente Intern. (2007) 151 Cal.App.4th 1102,...
2024.01.11 Demurrer, Motion to Strike 336
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.11
Excerpt: ...complaint and move to strike the prayer for attorneys' fees and punitive damages. A. Demurrer The Court sustains the demurrer to the first cause of action (breach of contact). Plaintiffs have not attached a copy of the lease. Nor do Plaintiffs sufficiently allege the term(s) that was allegedly breached. Plaintiffs allege only that the lease requires “habitable, safe and clean-living quarters.” (First Amended Complaint, ¶ 39.) This summary do...
2024.01.10 Motion to Strike and Tax Costs 005
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.10
Excerpt: ...ctions under the Fair Employment and Housing Act, “a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so . . . .” (Gov. Code, § 12965, subd. (b); see also Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5th 74, 76.) The Court finds that Plaintiff's action against Defendants, while u...
2024.01.10 Motion to Compel Further Responses 634
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.10
Excerpt: ...D #77 and RPD #78 – Defendants seek to compel Plaintiff to produce “any and all mobile and/or personal cellular devices” that he maintained/used from January 1, 2015, through the present, as well as all passwords necessary to access them. On its face, this request is overly broad. Defendants may request specific documents (i.e., all written communications with other Target employees/supervisors). If so, Plaintiff would be required to produc...
2024.01.10 Demurrer, Motion to Strike 287
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.10
Excerpt: ...ans: (1) general pleading of the legal conclusion of fraud is insufficient; and (2) every element of the cause of action for fraud must be alleged in full, factually and specifically, and the policy of liberal construction of pleading will not usually be invoked to sustain a pleading that is defective in any material respect.” (Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1331.) There are four circumstances in which no...
2024.01.08 Motion to Strike and Tax Costs, for Reconsideration 295
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.01.08
Excerpt: ...sonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so . . . .” (Gov. Code, § 12965, subd. (b); see also Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5th 74, 76.) The Court finds that Plaintiff's action against Defendants, while ultimately unsuccessful, was not frivolous. Defendant Arjang Naim, M.D. relies on Plaintiff's discovery responses, but these responses were served prior to the close o...
2023.12.11 Motion to Declare Vexatious Litigant 042
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.12.11
Excerpt: ...gent misrepresentation, false promise, willful and reckless misconduct, and gross and ordinary negligence. The gravamen of Plaintiff's case is straightforward: He alleges that he was not awarded the Davis Alumni Award in retaliation for having filed complaints for disability and religious discrimination. Now, Defendant moves for an order declaring Plaintiff to be a vexatious litigant under Code of Civil Procedure section 391, et seq., an order re...
2023.12.06 Demurrer, Motion to Strike 120
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.12.06
Excerpt: .... Now, Defendant demurs to the declaratory relief claim and moves to strike the prayers for punitive damages and attorneys' fees. A. Claim for Declaratory Relief The Court sustains the demurrer to the declaratory relief claim. The Court agrees with Defendant: A declaratory relief action is inappropriate when a plaintiff has an adequate remedy on other causes of action at trial. (See Hood v. Superior Court (1995) 33 Cal.App.4th 319, 324; Californi...
2023.12.06 Demurrer 778
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.12.06
Excerpt: ...urrer to these causes of action with leave to amend. Plaintiff amended these causes of action, to which Defendant demurs. The Court overrules the demurrer. LEGAL STANDARD “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. P...
2023.11.16 Motion for Attorney Fees 332
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.16
Excerpt: ...ousehold businesses, like handymen, electricians, plumbers, etc. Porch identified Kandela as a potential merger partner. Eventually, Porch acquired Kandela in March 2019. The parties had issues transitioning Kandela's business into Porch, and litigation ensued. Because the asset purchase agreement contained an arbitration clause, the parties proceeded to arbitration with JAMS Arbitration. On July 8, 2022, the arbitrator issued an award in favor o...
2023.11.16 Demurrer, Motion to Strike 562
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.16
Excerpt: ...of emotional distress, and conspiracy. Plaintiff also asserts a claim for punitive damages. The Court previously sustained the demurrer and granted the motion to strike with leave to amend. Plaintiff filed a first amended complaint, and Defendants again demur to the causes of action and move to strike the prayer for punitive damages. The Court overrules the demurrer by the County of Los Angeles and sustains the demurrer by the individual defendan...
2023.11.15 Motion for Discovery of Peace Officer Personnel Docs 172
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.15
Excerpt: ... Johnny Smith used a racial epithet in reference to LAPD Captain German Hurtado and his family, which facilitated an internal affairs investigation. Because Plaintiff allegedly witnessed the comment, he was interviewed, following which Captain Smith allegedly retaliated against him. This action followed, and Plaintiff seeks certain discovery from the City of Los Angeles pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 and its progeny. ...
2023.11.15 Demurrer 201
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.15
Excerpt: ...r breach of contract – Both defendants 2. Breach of contract – TGB Promotions 3. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6307e(b) – Both defendants 4. Violation of the Professional Boxing Safety Law, 15 U.S.C. § 6304(4) – Both defendants 5. Conspiracy to violate the Professional Boxing Safety Law – Both defendants 6. Unfair business practices – Both defendants 7. Promissory estoppel – Both defendants 8. Declar...
2023.11.13 Motion to Strike 985
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.13
Excerpt: ...allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) Per Civil Code section 3294, a plaintiff mus...
2023.11.13 Motion to Strike 370
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.13
Excerpt: ...�judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) The motion is granted in part and denied in part. A. Punitive Damages To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Supe...
2023.11.13 Motion for Preliminary Injunction 277
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.13
Excerpt: ...han Mendoza) have been served but never filed answers and Plaintiff never sought entry of default. Two individual defendants (Mario Barraza Ramirez and David Ibarra) were never served. Now, Plaintiff seeks a preliminary injunction against SolarPro and six of the individual defendants: (1) Sebastian Molina, (2) Carlos Felipe Manriguez, (3) Jonathan Mendoza, (4) Jose Mendoza, (5) Reyna Mendoza, and (6) David Ibarra. The motion is denied with respec...
2023.11.09 Motion to Strike 832
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.09
Excerpt: ...ond 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 order of the c...
2023.11.08 Demurrer, Motion to Strike 890
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.08
Excerpt: ...ode section 905(m) retroactive to include conduct in years prior to 2009. Now, the LAUSD demurs to the first and third causes of action (which are the claims against the LAUSD), arguing that AB 218 violates the California Constitution's prohibitions against the gift of public funds. Prior to the passage of AB 218, Government Code section 905 exempted claims of childhood sexual abuse occurring on or after January 1, 2009, from the claims presentat...
2023.11.07 Motion to Compel Appearances at Trial 537
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.07
Excerpt: ...ion 367.76, subdivision (h)(2), and California Rules of Court, rule 3.672, subdivision (d). Plaintiffs seek authorization to appear remotely. The Court previously continued the hearing because it had insufficient information to rule on the motion. Now, the Court denies both requests. As out-of-state residents, Plaintiffs are not required to appear and testify. (Code Civ. Proc., § 1989.) In lieu of their testimony, Plaintiffs' counsel may introdu...
2023.11.06 Motion for Leave to Amend 497
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.06
Excerpt: ...The motion is denied. PLAINTIFF'S ALLEGATIONS Plaintiff filed this action on April 3, 2019, and filed first and second amended complaints on April 22 and April 30, 2019, respectively. In the operative complaint, Plaintiff asserts causes of action for violation of Labor Code sections 233 and 246.5, violation of the California Family Rights Act (“CFRA”), retaliation, failure to take steps to prevent discrimination/retaliation, violations of Lab...
2023.11.06 Application to Unseal Court Records 849
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.06
Excerpt: ...an attorney who maintained a practice, Edward Steinbrecher, P.C. (the “practice”). (Complaint, ¶ 1.) Steinbrecher passed away, and in May 2019, the probate court appointed Plaintiff to be the practice administrator for the practice. (Ibid.) At the time of his death, Steinbrecher was handling a personal injury case on behalf of the plaintiff: Anthony Miramontes v. United Parcel Services, Inc., et al., Case No. BC661807 (the “Miramontes case...
2023.11.03 Motion for Summary Judgment, Adjudication 671
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.03
Excerpt: ... 2023 Defendant Countys Motion for Summaty Judgment is granted. On April 14, 2022, Holly Biard and Nigel Carter ("Plaintiffs") filed a Complaint against the County of Los Angeles (the "County"), Los Angeles Sheriff's Department ("LASD") Deputy Gloria Lee ("Lee"), and Sargent Feder ("Feden. In September of 2022, Sargent Feder was dismissed from this action. Deputy Lee was never served. The Complaint alleges police misconduct arising out of a July ...
2023.11.03 Motion for Reconsideration of Motions in Limine 527
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2023.11.03
Excerpt: ... Nine, which sought to exclude the same evidence. (See Court's Minute Order, dated August 25, 2023.) The Court originally set the motion for hearing on September 26, 2023, but the Court continued the hearing because Plaintiff's counsel was unavailable. Previously, Plaintiff sought to introduce evidence of alleged harassment by two men, Shihan Dias and Robert Weissman. Plaintiff produced text messages from Dias, and the text messages with dates we...

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