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2024.03.25 OSC Re Preliminary Injunction 010
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2024.03.25
Excerpt: ...ents, employees, and those acting on your behalf shall not be prohibited from transferring, or directing or causing to be transferred, any portion of the proceeds from the sale of 1345 W. 37 th Drive Los Angeles, CA 9007, other than to transfer funds to IPX 1031, the facilitator designated for the 1031 exchange for Regina Fair, Successor Trustee of The Frank R. Fair Jr. Living Trust U/A dated May 21, 2022, during the pendency of the above entitl ...
2024.02.29 Petition for Writ of Mandate 143
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2024.02.29
Excerpt: ...r the petitioner is seeking traditional or administrative mandamus, or both.” In the petition, petitioner references both Code of Civil Procedure (“CCP”) § 1085 and 1094.5. (Pet. at 1:15 [citation below title of pleading].) However, in the opening brief, petitioner does not state whether he is seeking traditional or administrative mandamus. In the opposition, respondent County of Los Angel es contends that petitioner does not clarify how h...
2024.02.29 Motion to Correct Administrative Record 671
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2024.02.29
Excerpt: ...he Department of Motor Vehicles' (“DMV”) denial of the request. (McCoy Decl. ¶ 9 & Ex. A; Mtn. at 3) CCP § 1094.5(e) states: “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided i n subdivision (f) remanding the case to be reconsidered in the light of that evidenc...
2024.01.11 OSC Re Preliminary Injunction 538
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2024.01.11
Excerpt: ...tioner, from declining to consider or rejecting such application(s), or from revoking petitioner's business license. With respect to whether plaintiffs are entitled to a preliminary injunction, “the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or deni...
2023.12.19 Petition for Writ of Mandate 264
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.12.19
Excerpt: ...of Los Angeles International Airport. I. Factual Background Petitioner Tiffany Abraham is the widow of Cris Abraham. On October 31, 2022, Mr. Abraham was working in a utility room in or near Terminal 8 at LAX as a construction foreman. (Gutierrez Decl. ¶ 18 & Ex. 17 at ¶ 5.) The fixed carbon dioxide fire suppression system allegedly released toxic carbon dioxide gas without any of the mandated safety mechanisms functioning. (Pet. ¶ 5.) On Nove...
2023.12.19 Motion to be Relieved as Counsel, Demurrer, Motion to Strike TAP 545
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.12.19
Excerpt: ...to Be Relieved as Counsel is CONTINUED. Respondent City of Los Angeles' Motion to Strike Third Amended Petition is GRANTED WITH 10 DAYS LEAVE TO AMEND. Respondent City of Los Angeles' Demurrer to Third Amended Petition is taken OFF-CALENDAR as MOOT. I. UNAUTHORIZED SUR‐REPLIES The following documents filed by petitioner Marvin Brown are STRICKEN as unauthorized sur-replies: 1. Petitioner's Rebuttal to City of Los Angeles, Department of Water & ...
2023.12.19 Motion for Terminating Jurisdiction Over Law Practice 752
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.12.19
Excerpt: ... entered an interim order assuming jurisdiction over the law practice of respondent David Daniel Ribeiro, pursuant to Business and Professions Code § 6190, et seq. Petitioner State Bar of California (“State Bar”) was appointed to retrieve and secure all the files and records of respondent's law practice from sites where reliable evidence established that client files or records may be stored. (Ramirez Decl. ¶ 4; see also 12/9/21 Interim Ord...
2023.12.19 Application for Right to Attach Order 098
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.12.19
Excerpt: ...e other than recovery on the claim; and (4) the amount to be attached is greater than zero. Plaintiff Peter S. Nam moves for right to attach order against defendant Jamie Kim in the amount of $521,250. Plaintiff's claim against defendant Kim is for amounts that defendant owes under two written promissory notes – (1) a promissory note executed on October 5, 2016 for $900,000 (“2016 Note”) and (2) a promissory note executed on August 23, 2019...
2023.11.28 Motion for Protective Order 498
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.11.28
Excerpt: ...ndent, seeking testimony from respondent's person most qualified concerning the following categories: CATEGORY NO. 1: YOUR specific efforts to date to search for RECORDS responsive to each of the REQUESTS. CATEGORY NO. 2: The basis of YOUR position as of August 7, 2023 that YOU produced all documents responsive to the REQUESTS. CATEGORY NO. 3: The basis of YOUR position as of August 7, 2023 that with the production of document made “this matter...
2023.11.16 Motion to Dismiss for Failure to Prosecute 545
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.11.16
Excerpt: ...rosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.” (See CCP § 583.410(a).) “Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.” (CCP § 583.410(b).) A dismissal under Code of Civil Procedure § 583.410 requires the court to follow the guideline...
2023.11.14 Motion to Compel Deposition of Qualified Witness 006
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.11.14
Excerpt: ...tment of Transportation (“Caltrans”) to: (1) produce a witness who can competently and fully testify as to all four examination topics in the operative third amended deposition notice; (2) respond in full and without objection to deposition questions regarding what measures respondent took to comply with petitioner's September 29, 2022 public records request; and (3) search email accounts of all agency employees who had possession of the Fede...
2023.11.07 OSC Re Preliminary Injunction 020
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.11.07
Excerpt: ...urrently secure a Promissory Note. (Morris Decl. ¶ 2 & Ex. 2 [Deed of Trust]; ¶ 10 & Exs. 3, 4 [Notices of Default]; ¶ 13 & Ex. 19 [Notice of Trustee Sale]; Davis Decl. ¶ 2 & Ex. 1 [Promissory Note].) In their sole cause of action for declaratory relief, plaintiffs contend that defendants are barred from foreclosure by the one action rule set forth in CCP § 726(a). (See FAC ¶¶ 22, 23 [“Plaintiffs contend…the [Deeds of Trust] are void a...
2023.11.07 Petition for Writ of Mandate 624
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.11.07
Excerpt: ...actual Background The State of California requires each city to have a “comprehensive, long-term general plan for the physical development” of the city. (Gov. Code § 65300.) [1] Each general plan must have a housing element. (§ 65302(c).) The housing element consists of ‘standards and plans for housing sites in the municipality that ‘shall endeavor to make adequate provision for the housing needs of all economic segments of the communit...
2023.10.31 Petition for Peremptory Writ of Mandate 971
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.31
Excerpt: ... him to his prior position of Police Officer with back pay. I. Factual Background Petitioner Nicholas Landry was a police officer employed by Los Angeles Police Department (“LAPD” or “Department”) for 15 years until he was terminated for misconduct in March 2021. (AR 317, 1050.) The Department alleged that petitioner committed misconduct on or about February 9, 2020 with respect to the arrest of an intoxicated domestic violence suspect. (...
2023.10.17 Application for Right to Attach Order 308
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.17
Excerpt: ...ith defendant 5860 West Jefferson, LLC for plaintiff to lease commercial property. (FAC ¶ 7.) 5860 West Jefferson, LLC later transferred its interest under the Lease to defendant 5860 West Jefferson I, LLC. (FAC ¶ 8.) 5860 West Jefferson, LLC and 5860 West Jefferson I, LLC are hereinafter referred to collectively as “Lessor.” Under the Lease, Lessor was to build the Base Shell and Core (“BSC”) structure and specified Tenant Improvements...
2023.10.10 Petition for Writ of Ordinary Mandate 196
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.10
Excerpt: ...ctual Background On March 1, 2021, respondent California Department of Public Health (“CDPH”) received petitioner Unity Healthcare Hospice, Inc.'s initial application for a hospice license. (Pet. Ex. 1.) On August 26, 2021, CDPH sent petitioner a letter indicating that certain forms were missing from the application. (Pet. Ex. 1.) On September 16, 2021, CDPH sent a letter to petitioner stating that all required forms and supporting documents ...
2023.10.10 Motion to Strike or Tax Costs 822
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.10
Excerpt: ...was entered. (CCP §§ 1032(a)(4), (b).) Petitioner John Doe moves to tax $6,039.00 of the $7,020.80 in costs claimed by respondent as unreasonable and excessive. As a general matter, the Court finds it was reasonable for respondent to have attorneys work with respondent to compile the record. Respondent was entitled to have its attorneys review documents concerning the adverse action taken against petitioner for privilege, such as communications...
2023.10.03 Petition for Peremptory Writ of Mandate 767
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.03
Excerpt: ...tual Background Petitioner Michael McMahon was employed by the Los Angeles Police Department (“Department”) at the rank of Police Officer II. (AR 1, 4.) On August 18, 2021, the Los Angeles City Council adopted Ordinance No. 187134 (“Ordinance”). (AR 1239-44.) The Ordinance required City employees to be fully vaccinated for COVID-19, or to have requested an exemption, and to have reported their vaccination status no later than October 19, ...
2023.10.03 Petition for Peremptory Writ of Mandamus 664
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.03
Excerpt: ...nd Petitioner was arrested and convicted twice during a ten-year period for driving under the influence (“DUI”). He was first arrested for DUI on October 19, 2010 in Orange County. (Pet. ¶ 4.) On February 22, 2011, petitioner pled guilty to two DUI counts in Orange County Superior Court (“OCSC”). (Pet. ¶¶ 4-5.) [1] Petitioner was arrested a second time for DUI on February 5, 2020. (Pet. ¶ 6.) Thereafter, on September 21, 2021, petitio...
2023.10.03 Application for Right to Attach Order 529
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.03
Excerpt: ...ount of $7,420,000. I. Factual Background Plaintiffs, along with three non-parties (collectively, “lender-investors”), made loans or investments to defendants Joe Samuel Bailey and Renew Spinal Care, Inc. (FAC ¶ 15; FAC Ex. 1 at Recitals, ¶ A.) On July 24, 2019, the lender-investors entered into a written Settlement Agreement and Mutual Release (“Settlement Agreement”) with defendants to resolve the outstanding debts. (FAC ¶ 17.) Under...
2023.10.03 Application for Right to Attach Order 350
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.10.03
Excerpt: ...re successors-in-interest to the lessors under a Lease Agreement, dated May 26, 1999, which provided for the lease of real property located at 100 South Western Avenue in Los Angeles. (Lewis Decl. ¶¶ 2-4 & Ex. A.) On September 20, 2013, plaintiffs consented to the assignment of lease of the subject property to Hyundae Car Wash, Inc. (“Hyundae”) (Lewis Decl. ¶ 5 & Ex. B.) The assignment was subject to the execution of a Personal Guaranty by...
2023.09.19 Motion for Leave to File FAP 498
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.09.19
Excerpt: ... Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Respondents' evidentiary objections are OVERRULED. Petitioner seeks leave to file a First Amended Petition based on an amendment to the Policy and Procedure for Charter Schools adopted by the Los Angeles Unified School District Board of Education on July 5, 2023. (Rosenberg Decl. ¶ 2.) The Court finds that some form of amendment is necessary and proper, as the current Petition addresses a policy t...
2023.09.12 Motions to Compel Further Responses, Deposition of PMK and Production of Docs 264
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.09.12
Excerpt: ...on to Compel Further Responses from Respondent City of Los Angeles to Special Interrogatories, Set One is GRANTED IN PART. Petitioner Tiffany Abraham's Motion to Compel Further Responses from Respondent Los Angeles World Airports to Special Interrogatories, Set One is GRANTED IN PART. Petitioner Tiffany Abraham's Motion to Compel Attendance of Respondent City of Los Angeles' Person(s) Most Knowledgeable at Deposition and Production of Documents i...
2023.09.12 Demurrers 664
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.09.12
Excerpt: ...pal Code § 91.8104.2. (TAP at 18 of 132.) [1] On September 25, 2019, petitioner applied for Resource Family Approval (“RFA”) status so she can care for her grandchild. (TAP at 18, 22.) For petitioner to obtain RFA status, petitioner must obtain a criminal record exemption. (TAP at 3, 12.) The Los Angeles County Department of Children and Family Services (“County”) received a request for criminal record exemption on October 3, 2019. (TAP ...
2023.09.12 Petition for Writ of Mandate 162
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.09.12
Excerpt: ...Frahm is a resident of Los Angeles. (Frahm Decl. ¶ 1.) James Frahm, petitioner's brother, died in 2021. (Id. ¶ 5.) Decedent was a resident of Tennessee. (Ibid.) In a valid will, petitioner was named as the estate's personal representative. (Ibid.) Petitioner was left with a 2010 Toyota Corolla. (Ibid.) The car remains in decedent's name. (Id. ¶ 8 & Ex. 7.) As part of an informal proceeding for estates that do not include real property, petitio...
2023.09.12 Petitions for Writ of Mandate 143
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.09.12
Excerpt: ... 65302(c).) The housing element consists of ‘standards and plans for housing sites in the municipality that ‘shall endeavor to make adequate provision for the housing needs of all economic segments of the community.' [Citations.]” (California Building Industry Assn. v. City of San Jose (2015) 61 Cal.4th 435, 444; see also § 65580 [legislative findings concerning housing element law].) “A municipality must review its housing element for t...
2023.08.29 Petition for Writ of Mandate 476
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.08.29
Excerpt: ..., 2019. I. Factual Allegations This proceeding concerns real property located at 2650 North Laurel Canyon Boulevard and 2652 North Laurel Canyon Boulevard in Los Angeles. The property is comprised of three lots – Lots 295, 296, and 297 – and certain unnumbered lots designated herein with the last two digits of the assessor's parcel numbers (“APN”) – 32, 33, and 37. (Pet. ¶ 15.) Two single-family residences are located on the lots. Lots...
2023.08.29 Motions to Enforce Settlement 166
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.08.29
Excerpt: ... Parties is DENIED. On April 11, 2023, the Court (Hon. Mary H. Strobel) indicated its inclination to continue the hearings on the motions listed above for supplemental briefing. The Court found that based on the evidence presented, it could not determine whether City of Los Angeles (“City”) fulfilled its obligations under the June 1 Settlement (“Settlement”). (4/11/23 Minute Order at 8-10.) As stated in the 4/11/23 Minute Order, “The Se...
2023.08.29 Motion for Attorney Fees 146
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.08.29
Excerpt: ... 1, 2.) On February 20, 2022, the Court (Hon. Mary H. Strobel) granted the petition for writ of mandate. The Court ordered supplemental briefing with respect to the appropriate remedy and set a hearing for April 11, 2023. On April 11, 2023, the Court ruled that it would issue a writ directing respondent Los Angeles Department of Building and Safety (“LADBS”) to require real party in interest HS Westside Properties, LLC to conduct further geol...
2023.08.22 Petitions for Writ of Mandate 031
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.08.22
Excerpt: ...f petitioner Queen O H Anieze-Smith's real estate broker license. According to the petitioner, on July 7, 2010, petitioner was issued License No. 01703070 to practice as a real estate broker. (Pet. ¶ 1.) On August 23, 2021, respondent filed an Accusation against petitioner. (Pet. ¶ 5.) Respondent sought to discipline petitioner for sustaining a felony conviction that was substantially related to the qualifications, functions, or duties of a rea...
2023.08.22 Motion to Deem RFAs Admitted, to Compel Responses 241
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.08.22
Excerpt: ... the matters set forth in Requests for Admission, Set One admitted against petitioner. On April 7, 2023, VOI served the first sets of Form Interrogatories and Requests for Admission on petitioner by email. (Wolff Motion Decls. ¶¶ 7 & Exs. G.) Petitioner had until May 10, 2023 to respond to the discovery. (CCP §§ 2030.260(a), 2033.250(a) [responses due 30 days after service]; 12a(a) [deadline falling on Sunday moved to next court day – May 7...
2023.08.22 Demurrer 976
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.08.22
Excerpt: ...ies of public records described as follows: (1) “Council Member Torres has submitted over 160 separate requests which have been processed via this communication method”; (2) “The Mayor, the City Manager and City Attorney have been requested to bring forth a resolution expressing the City Council's dissatisfaction with the behavior of Council Member David Torres”; (3) “The Investigative Report submitted by Ms. Doumanian”; and (4) “Pu...
2023.07.18 Motion for Writ of Attachment 980
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.07.18
Excerpt: ...f the principal sum of $346,785.84, plus interest of $4,092.17, as of February 28, 2023. Under a separate Promissory Note and Business Loan Agreement executed on November 8, 2019, borrower owes plaintiff the principal sum of $117,857.89, plus interest of $183.06, as of February 28, 2023. Both loans are guaranteed by defendant Zhang. Both loans are secured by borrower's inventory, equipment, and accounts receivable. In addition, under a Commercial...
2023.07.18 Motion for Attorney Fees 150
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.07.18
Excerpt: ...ner's Resource Family Approval (“RFA”) funding in support of her nephew and foster child. The basis of the rescission was that petitioner failed to disclose a romantic relationship with someone with a criminal record. On November 23, 2021, the Court (Hon. Mary H. Strobel) granted a stay of the administrative decision that terminated the RFA funding. On September 20, 2022, Judge Strobel granted the petition for writ of mandate in part. II. Ana...
2023.07.11 Application for Issuance of Writ of Attachment 358
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.07.11
Excerpt: ...ies LP and Magnum LP entered into a written Lease with defendant 8155 Heights, LLC (“8155 Heights”) for the premises located at 8151-8155 Melrose Avenue in Los Angeles for an initial ten-year term. On November 1, 2018, 8155 Heights started occupying the subject premises. Prior to signing the Lease, members of 8155 Heights purportedly represented that 8155 Heights had the financial ability to remain current on rent and that it would spend more...
2023.06.27 Petitions for Writ of Mandate 508
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.27
Excerpt: ...ce Commission to set aside its decision reinstating the employment of real party in interest Tony Guerrero and imposing a 15-day suspension instead of a discharge. . I. Factual Background In January 1997, Tony Guerrero was hired as a Deputy Sherriff by the Los Angeles County Sheriff's Department (“Department”). (AR 1051-52.) In August 2014, Guerrero was working as a field training officer at the Century Station. (AR 860.) At the time of the s...
2023.06.27 Petition for Writ of Mandate 471
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.27
Excerpt: ...etention Services Officer for real party in interest County of Los Angeles Probation Department (“Department”). (Pet. ¶ 8.) On September 22, 2017, the Department and real party in interest County of Los Angeles (“County”) notified petitioner that he was being discharged from his position as of September 25, 2017. (Pet. ¶ 6.) Petitioner appealed the termination to respondent Civil Service Commission of the County of Los Angeles (“Commi...
2023.06.13 Motion for Attorney Fees, to Strike Costs 674
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ... its employees, as well as independent sales officers (“ISOs”), to solicit merchants. On March 1, 2017, NMA entered into the Merchant Marketing and Processing Agreement with defendant Commercial Bank of California (“CB Cal”) for CB Cal to authorize and process the electronic transactions that the merchants submit. Prior to execution of the agreement, CB Cal represented that it could adequately onboard and settle NMA's portfolio of high-ri...
2023.06.13 Demurrer, Motion to Strike 339
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ...he midst of an ongoing dissolution action regarding their marriage, case no. 18PDFL02285, that is currently pending before the Honorable Harvey Silberman in Department L of the Pasadena Courthouse. II. Allegations in the Complaint Plaintiff is a horse breeder. (Complaint ¶ 13.) Sometime after April 8, 2015, Plaintiff purchased 759 frozen horse semen straws, which had a replacement value of at least $500 per straw for a total of at least $500,000...
2023.06.13 Demurrer, Motion to Strike 599
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ...st Amended Complaint alleging the following causes of action: (1) negligence, (2) nuisance, (3) breach of warranty of habitability, (4) constructive eviction, (5) violation of California Civil Code § 1942.4, (6) violation of Los Angeles Municipal Code § 45.33, (7) violation of the County of Los Angeles COVID-19 Tenant Protections Resolution, and (8) unfair business practices in violation of California Business & Professions Code § 17200. Defen...
2023.06.13 Motion to Tax Costs 524
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ...h 16, 2023, the Court entered judgement in Defendant's favor following Defendant's Motion for Summary Judgement. On March 30, 2023, Defendant filed its Memorandum of Costs. On March 14, 2023, Plaintiff filed the instant Motion to Tax Costs, and Defendant opposes. No reply has been filed. The Court considered the moving and opposition papers and rules as follows. LEGAL STANDARD: Generally, the “prevailing party” is entitled as a matter of righ...
2023.06.13 Motion for Protective Order, Pitchess Motion 935
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ...ed in the alleged improper dissemination of Plaintiff's private videos. Plaintiff had been the subject of an administrative investigation at CHP with respect to officers obtaining unauthorized overtime and her cellphone had been the target of a search warrant. Plaintiff had private videos on her cellphone involving her having sex with another person. Plaintiff alleges Defendants Ruiz and Lentz, who were involved in the administrative investigatio...
2023.06.13 Motion for Summary Judgment 532
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ...ed a First Amended Complaint (“FAC”) against twenty Defendants who allegedly manufactured and/or supplied the chemical products that Plaintiff was exposed to. The FAC asserts causes of action for (1) general negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. On January 6, 2023, Defendant Pfaltz & Bauer Inc. file...
2023.06.13 Motion to Compel Further Responses 649
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.13
Excerpt: ...endant Washington Square Management, LLC's (“WSM”) predecessors-in-interest concerning real properties located on Washington Boulevard and East 18 th Street in Los Angeles. The policy also insured a parking easement described as “Parcel 5” in the policy. WSM took title to the property by grant deed recorded on September 27, 2018. WSM tendered a claim to FNTIC regarding the parking easement burdening a property owned by 1232 E. Washington ...
2023.06.06 Application for Writ of Possession 468
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.06.06
Excerpt: ... a written contract. The contract was assigned to plaintiff Alliant Credit Union. Plaintiff holds a lien against the subject vehicle. Defendant failed to make the payment due on April 14, 2022 and any of the payments due thereafter. A balance of $20,540.95 remains on the contract. II. Applicable Law “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a ...
2023.05.09 Motion to Permit Pretrial Discovery Re Profit and Financial Condition, to Deem Truth of Matters Admitted 900
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.09
Excerpt: ...ainant Kamerron Easton's Motion to Deem the Truth of Matters Specified in Request for Admissions, Set Two against Plaintiff/Cross-Defendant Family Choice Private Duty Agency, Inc. is GuNTED. Defendant/Cross-Complainant Kamerron Easton's Motion to Deem the Truth of Matters Specified in Request for Admissions, Set Two against Cross-Defendant Shellydale Princess Gray is GRANTED 1. MOTION FOR ORDER PERMITTING PRETRIAL DISCOVERY REGARDING PROFIT AND F...
2023.05.09 Motion to Compel Deposition 706
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.09
Excerpt: ... with Case #02629485. Plaintiffs also move to compel production of the documents requested in the deposition notice. "If, after service of a deposition notice, a party to the action or an omcer, director, managing agent, or employee of a party, or a person designated by an organization that is a paror under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed mth it, or t...
2023.05.09 Demurrer to SAC 935
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.09
Excerpt: ... facts. "Under the Government Claims Act (Gov.Code, S 810 et seq.), there is no common law tort liability for public entities in California; instead, such liability must be based on statute." (Guzman v. CounO' of Monterey (2009) 46 Cal.4th 887, 897, citing Gov. Code 5 815(a) C" "Except as otherw•lse provided by statute: A public entity is not liable for an injuty, whether such injury arises out of an actor omission of the public entity.m"].) A ...
2023.05.09 Demurrer 057
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.09
Excerpt: ...Con Media ABC Trust ("Trust') demurs to the first through third causes of action for declaratoty relief on the ground that they pertam to past wrongs. "If there is a controversy that calls for a declaration ofrights, it is no objection that past wrongs are also to be redressed; but there is no basis for declaratory relief where only past wrongs are involved." (Osseous Technologies of America, lnc v. DiscoveryOrtho Partners LLC (2010) 191 CalApp.4...
2023.05.04 Demurrer 973
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.04
Excerpt: ...o Coun)' Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Defendant LASD, a public entity, contends that plaintiff Emily Diane Leatherman fails to plead a statutory basis for liability. In a caption page contained within the Complaint, plaintiff purports to assert causes of action for mental harassment, physical harassment, emotional and psychological harassment, stalking, extortion, forcing action by illegal means, cyber bullying, and online hara...
2023.05.04 Motion to Compel Compliance with Discovery Order 268
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.04
Excerpt: ... FOR SUMMARY ADJUDICATION All evidentiaty objections are OVERRULED. Defendant Kia America, Inc. moves for summary adjudication with respect to the fourth cause of action for fraudulent inducement based on concealment, the fifth cause of action based on intentional misrepresentation, and the claim for punitive damages. Defendant contends that the fourth and fifth causes of action are barred by the economic loss rule. As our Supreme Courtheld in Er...
2023.05.04 Motion to Compel Further Responses 085
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.04
Excerpt: ...e, Nos. 13-16, 34, and 35, which are set forth below: No. 13 All DOCUMENTS IDENTIFYTNG [sic] repurchases made by YOU of the 2014 GMC Sierra vehicles and allegedly containing any of the conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE to YOU for repair. (For purposes of this request, the term "IDENTIFYING" seeks documents establishing the name of the complaining PERSON , the complaints made by such PERSON(S...
2023.05.02 Motion to Modify Protective Order 675
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.02
Excerpt: ...nly for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code S 452(d); Sosins&v v. Grant (1992) 6 CalApp.4th 1548, 1564-69.) Plamtiff Solomon Aflalo and purported third party intervenors, the Ruffulo plaintiffs, move to modi$ the protective order entered in the instant action. Movants seek to modi$r the defimtion of "Proceeding' to include the Ruffulo action and the definition of "Court' to include the U....
2023.05.02 Motion to Compel Further Responses 918
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.02
Excerpt: ...et one, Nos. 1-3, 12-21, 30-33, 35, 40, 61, 62, 69, 71, 72, 74, 77, 78, 80, 90- 94, and 96. As a preliminaty matter, plaintiffs general objections based on the attorney-client privilege and the attorney work product doctrine were timely, even though the privileges were not asserted in the separate initial responses to each request (Bardavid Decl. 3 & Ex. B at 2:3-6; Korea Data Systems Co. v. Superior Court (1997) 51 Cal.App.4th 1513, 1516 [findin...
2023.05.02 Motion for Summary Judgment, Adjudication 623
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.02
Excerpt: ....4th 897, 912, fn. 8 [taking judicial notice ofrecords of administrative agency pursuant to Evidence Code S 4520.) Defendants' evidentiary objections are OVERRULED. ISSUE NO. 1 : Whether The Third Cause of Action For Sexual Harassment In Violation ofthe FEHA Is Time-Barred Because No Actionable Conduct Took Place Within the Statutory FEHA Limitations Period. (UMF 1-14) Defendants City of Bell Gardens ("City') and William Koholokula maintain that ...
2023.05.02 OSC Re Contempt 635
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.05.02
Excerpt: ... Cause, pursuant to which plaintiff Chris Nelson would be required to demonstrate why an appropriate sanction should not be imposed against him for purportedly violating the protective order entered on 4/11/22. (Strub Decl. 5 & Ex. A ["Protective OrdeÜ].) At issue are certain portions of defendant's deposition testimony that plaintiff allegedly disclosed publicly. In applymg for an order to show cause re: contempt, "[w]hen the contempt is not co...
2023.04.27 Demurrer, Motion to Strike 561
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.27
Excerpt: ...espass are: (1) the plaintiffs ownership or control of the property; (2) the defendant's intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant's conduct was a substantial factor in causing the harm." (Ralphs Grocery Co. v. Victory Consultants, lnc (2017) 17 CalApp.5th 245, 262.) Defendant Spectrum Pacific West, LLC contends that plaintiff ...
2023.04.13 Motion to Compel Arbitration 241
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.13
Excerpt: ...C (2020) 53 Cal.App.5th 486 that equitable estoppel applied to the arbitration provision in the form Retail Installment Sale Contract (“RISC”). (See Ford Motor, 2023 WL 2768484 at 4 [“We respectfully disagree with Felisilda's analysis for the following reasons”].) Defendant Hyundai Motor America relies on Felisilda in asserting that equitable estoppel applies. (Mtn. at 9:15-10:10; Reply at 1:9-5:20.) “Decisions of every division of the ...
2023.04.11 Motion for Summary Judgment 787
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.11
Excerpt: ...628910 Third Amended Complaint) are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Cross-complainants' requests to take judicial notice of Exhibits C (BC628910 Request for Dismissal), D (SC127659 Request for Dismissal), E (BC679542 Request for Dismissal), F (SC127659 Judgment), and H (21STCV39787 Request for Dism...
2023.04.11 Demurrer to FACC 196
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.11
Excerpt: ...he First Amended Cross-Complaint. With respect to the third cause of action, Enriched Design argues that unjust enrichment is not a cause of action. Unjust enrichment has been recognized as a cause of action in the relatively recent case of Professional Tax Appeal v. Kennedy‐Wilson Holdings, Inc. (2018) 29 Cal.App.5th 230, which was cited by cross-complainant HSD Investors, LLC (“HSD Investors”). (Professional Tax Appeal, 29 Cal.App.5th at ...
2023.04.11 Demurrer 060
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.11
Excerpt: ...causes of action for breach of contract, cross-complainants GOSH Enterprises, Inc. and BBB Operating CA-1, LLC (“Guarantor” and “Tenant,” respectively) base this cause of action on the covenant of good faith and fair dealing implied in all contracts. (XC ¶¶ 37, 46.) Cross- complainants allege that Landlord unreasonably refused to secure or negotiate with potential replacement tenants and to negotiate a workout or early termination of th...
2023.04.11 Motion to Reopen Discovery 166
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.11
Excerpt: ...l was initially set for November 7, 2022. (8/13/21 Minute Order.) Under CCP § 2024.020(a), discovery closed 30 days before the day initially set for trial. Accordingly, the discovery cut-off date was October 10, 2022. (CCP §12a [deadlines falling on Saturday moved to next court day].) As a preliminary matter, plaintiff argues that defendant did not meet and confer before filing this motion, as required by CCP § 2024.050(a). The Court disagrees...
2023.04.11 Motion to Strike TAC 154
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.11
Excerpt: ...ndez Jr.'s sole cause of action for Violation of the Magnuson-Moss Warranty Act (“Magnuson- Moss”) references or relies on Song-Beverly, such reference or reliance is improper. The Court previously found on summary judgment that, in accordance with Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, plaintiff may not invoke Song-Beverly because plaintiff purchased the vehicle used. (8/9/22 Minute Order; Rodriguez, 77 Cal.App.5th at 222- 23.) ...
2023.04.11 Motions to Compel Further Responses, for Sanctions 675
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.04.11
Excerpt: ...sion, Set One is GRANTED IN PART. I. PLAINTIFF SOLOMON AFLALO'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO Plaintiff Solomon Aflalo moves to compel further responses from defendant Farmers Group, Inc. to Requests for Production of Documents, Set Two, Nos. 1-8, as set forth below: REQUEST FOR PRODUCTION NO. 1: A DOCUMENT, or set of DOCUMENTS, showing that defendants have been made aware of formal or informa...
2023.03.28 Motion to Compel Initial Responses, to Deem RFAs Admitted 243
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.28
Excerpt: ...ichael Bragafs Motion to Deem Requests for Admission Admitted is GRANTED. 1. MOTION TO COMPEL INITIAL RESPONSES TO (1) FORM INTERROGATORIES, SET ONE AND (2) REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Plamtiff Michael Bragar moves to compel initial responses from defendants Christopher D. Mitchell, Westlake Capital Paftners, Inc„ and Bitcoin Advizers LLC to Form Interrogatories, Set One and Requests for Production of Documents, Set One, which...
2023.03.28 Motion to Compel Further Responses 900
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.28
Excerpt: ...ice Private Duty Agency, Inc. ("Family Choice") to Form Interrogatories, Set One Nos. 1.1, 3.1, 3.6, 3.7, 4.1, 9.1, 9.2, 12.1-12.4, 12.7, 15.1, 16.1, 16.2, 16.3, 16.10, 50.1(a), 50.10, and 50.2. As a prelimmary matter, Easton contends that Family Choice's verification is insufficient because it was based on information and belief. Easton cites no authority supporting this proposition. Arguments without any legal authority are without merit (Kensi...
2023.03.28 Motion to Compel Arbitration 480
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.28
Excerpt: ...in this action by electronically signmg the Agreement on Alternative Dispute Resolution, which incorporates the Employment Dispute Arbitration Procedure. (Prybyla Decl. 13 & Ex. A.) Plaintiff does not deny signing the Agreement Rather, plaintiff opposes the motion on the ground that she believes the Agreement is procedurally and substantively unconscionable. (See Civ. Code S 1670.5(a) An arbitration agreement must be both procedurally and substan...
2023.03.23 Motions for Issue and Monetary Sanctions 805
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.23
Excerpt: ...n for Issue and Monetary Sanctions agamst Defendant The Onei Entertainment Inc. is IN PART. Plamtiff 12 Albany, LLC moves for issue sanctions agamst defendants Chong Sang Eric Tak OG Farmz, Inc„ and The Onel Entertainment, Inc. based on the violation of a court order compelling responses to discovety. On December 13, 2022, the Court granted plaintiffs motions to compel responses from defendants to Form Interrogatories-General, Set One. (Chung D...
2023.03.23 Motion to Compel Arbitration and Stay Proceedings 547
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.23
Excerpt: ... matters asserted therein. (See Evid. Code S 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' request to take judicial notice of the Notice of Entw of Dismissal in Dina C Felisilda, et al, v. FCA US LLC, et al. is DENIED as "unnecessary to the resolution" of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 CalApp.5th 1048, 1075.) Defendants' evidentiary objections are OVERRULED. Defendant...
2023.03.23 Demurrers, Motions to Strike, to Compel Deposition 298
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.23
Excerpt: ...rty & Casualty Insurance Company's First Amended Complaint is GRANTED IN PART. Plamtiffs Zurich American Insurance Company and ACE Property & Casualty Insurance Company s Motion to Compel Deposition is DENIED. 1. DEMURRER AND MOTION TO STRIKE RE: PLAINTIFF ZURICH AMERICAN INSURANCE COMPANYS SECOND AMENDED COMPLAINT Defendant Mitsubishi Electric US, Inc.'s requests to take judicial notice of Exhibits A (Zurich's Second Amended Complaint), B (Compl...
2023.03.21 Motion to Stay Dissolution Action, to Enjoin Arbitration 921
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.21
Excerpt: ...eement"). (See Rice Decl. 2 & Ex 14 at S 13.5 ["Except as otherwise provided in this Agreement, any controversy betvveen the parties arising out of this Agreement shall be submitted to the American Arbitration Association for arbitration in Los Angeles, California or San Francisco, CA'].) For the reasons stated in that tentative ruling, the Court still finds thatto be the case. (2/14/23 Minute Order.) However, Kristoffer J. Kaufmann and Gary P. D...
2023.03.21 Motion to Compel Further Responses 900
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.21
Excerpt: ...ncess Gray to Form Interrogatories, Set One Nos. 1.1, 2.5, 2.6, 2.8-2.11, 4.1, 9.1, 9.2, 12.1, 15.1, 16.1, 16.2, 16.10, 50.10, 50.1(d), and 50.2-50.6. As a prelimmaty matter, Easton contends that Grays verification is insufficient because it was based on information and belief. Easton cites no authorivto support this proposition. Arguments unthout any legal authority are unthout merit (Kensington University v. Council for Private Postsecondary et...
2023.03.21 Demurrer to FAC 583
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.21
Excerpt: ...closed demonstrated a violation of a state or federal statute, or a violation of a local, state, or federal rule or regulation (see Lab. Code S 1102.5(a), (b)) or that defendant retaliated agamst him for refusing to violate a law (see Lab. Code 5 1102.5(c)). Plamtiffs First Amended Complaint is based on his alleged retaliatory transfer out of the Professional Standards Division resulting from his report that the tactics used m the execution of a ...
2023.03.16 Motion to Deem Matters Admitted 900
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.16
Excerpt: ...laintiff/cross-defendant Family Choice Private Duty Agency, Inc. ("Family Choice") the genuineness of documents and the truth of matters set forth in Requests for Admission, Set One. However, on February 13, 2023, before the hearing on the instant motion, Family Choice served verified responses to Requests for Admission, Set One. (Hahn Decl. 8 & Ex. 2.) VVhen "a parv to whom requests for admission are directed fails to serve a timely response," "...
2023.03.14 Demurrer 977
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.14
Excerpt: ...emurring defendants Morris M. Beliakoff and John Beliakoff demur to the sole cause of action for negligence on the ground that the Complaint contains insufficient allegations to apprise them of the nature, source, and extent of the claim against them. (See Semole v. Sansoucie (1972) 28 Cal.App.3d 714, 719 [“The Supreme Court has consistently stated the guideline that ‘a plaintiff is required only to set forth the essential facts of his case w...
2023.03.14 Motion for Discovery Monetary Sanctions 888
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.14
Excerpt: ..., 2022. On September 15, 2022, the Court denied plaintiff's motion to compel further responses to Special Interrogatories, Set One, Nos. 12, 15, and 19. The Court did not award monetary sanctions to defendant because “defendant did not request any suggested amount of sanctions or any evidence from which to calculate an appropriate amount of sanctions.” (9/15/22 Minute Order.) Defendant attempts to remedy this defect with the instant motion. (...
2023.03.14 Motion for Preliminary Approval of Class Settlement 269
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.14
Excerpt: ...ration of Brian E. Cole II, the following concerns remain: 1. With respect to the fourth concern set forth in the December 22, 2022 Minute Order, plaintiff maintains that the PAGA Allocation of $3,750 is taken out of the Net Settlement Amount. (Supp. Wilson Decl. ¶ 4.) That explanation seems wrong in several respects. To begin with, the PAGA Allocation is $15,000, with $11,250 (i.e. 75%) going to the Labor and Workforce Development Agency (“LW...
2023.03.09 Motion for Attorney Fees 635
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.09
Excerpt: ...led to an award of reasonable attorney fees. “A trial court may not rubber stamp a request for attorney fees, but must determine the number of hours reasonably expended.” (Donahue v. Donahue (2010) 182 Cal.App.4th 259, 271.) Defendant seeks an award of $ 670,512.00, which includes the fees incurred in preparing the reply in support of the instant motion. As a threshold matter, the Court finds that the hourly rates claimed by defendant counsel...
2023.03.07 Motion to Compel Arbitration and Stay Proceedings 053
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.07
Excerpt: ...Cal.App.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiffs' Fidencio L. Perez and Blanca Vazquez's claims against it. The Court finds that defendant has waived the right to seek arbitration. “When an arbitration agreement does not specify the time within which arbitration must be demanded, a reasonable time is allowed; a party who does not demand arbitration within a reasonable time is deemed to have...
2023.03.07 Demurrer 612
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.07
Excerpt: ...claim, depending on the circumstances.” (Schrage v. Schrage (2021) 69 Cal.App.5th 126, 149.) The parties dispute whether the fourth cause of action is an individual claim or a derivative claim. Defendant maintains the fourth cause of action is a derivative claim, which is subject to pre-suit requirements. (Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1004-05 [“[F]or a plaintiff to have standing to file a derivative action, it must alle...
2023.03.02 Motion to Compel Compliance with Court Order 151
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.02
Excerpt: ...ourt's 10/11/22 discovery order, wherein the Court ordered defendant American Honda Motor Co., Inc. to serve further responses to plaintiffs' Request for Production of Documents, Set One, Nos. 17, 18, 19, 20, 24, 25, 26, 55, and 56 within fifteen days of the order. (Neubauer Decl. ¶ 3.) The subject Requests are as follows: REQUEST FOR PRODUCTION NO. 17: All DOCUMENTS, including electronically stored information and electronic mails, concerning, ...
2023.03.02 Motion to Compel Arbitration and Stay Proceedings 550
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.02
Excerpt: ...pp.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiff Susan Rivera's claims against it. Defendant fails to demonstrate that plaintiff agreed to arbitration of the claims asserted in the instant action. “The party petitioning to compel arbitration ‘bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence….' [Citation.]” (Higgins v. Superior Cou...
2023.03.02 Demurrer, Motion to Strike 847
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.03.02
Excerpt: ...(1) the cause of action is not pled with particularity; and (2) the cause of action is barred by the economic loss rule. With respect to the first ground, the elements of a cause of action for fraud by omission are: (1) the defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with ...
2023.02.23 Motions to Compel Arbitration 471
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.02.23
Excerpt: ...tration of plaintiffs Robert Leggins and Marita Leggins' claims against it under the provisions of the Retail Installment Sales Contract (“RISC”), which plaintiff Robert Leggins signed. It is undisputed defendant is not a signatory to the RISC between plaintiff Robert Leggins and dealer H.W. Hunter, Inc. (Azemoon Decl. ¶ 2 & Ex. A.) Generally, “one must be a party to an arbitration agreement to be bound by it or invoke it.” (Westra v. Ma...
2023.02.16 Motion to Quash Service of Summons, to Confirm Arbitration Award 269
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.02.16
Excerpt: ...ins that Kim McGinnis, the person who signed the proof of service of summons filed on December 9, 2022, is not a registered process server, contrary to the representation in the proof of service. Respondent also argues that the representation of personal service on December 7, 2022 contained in the proof of service is false. As a preliminary matter, respondent filed a reply on February 15, 2023, one court day before the hearing. Based on the hear...
2023.02.16 Motion for Monetary Sanctions 434
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.02.16
Excerpt: ...�ZeniMax Defendants”) move for monetary sanctions in the amount of $8,459.34 against plaintiffs Ragnarok Game, LLC and ESDFOS, LLC, Candler, and Ellis George Cipollone O'Brien Annaguey LLP (“Ellis George”), jointly and severally. The ZeniMax Defendants contend that Candler previously agreed to sit for “one long day” of deposition on November 2, 2022, and possibly one more day of deposition on November 3, 2022. (Naydonov Decl. ¶ 4 & Ex....
2023.02.02 Motion to Compel Further Responses 150
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.02.02
Excerpt: ... defendant General Motors LLC to Requests for Production of Documents, Set One, Nos. 16-43, 45, and 46. Defendant argues that plaintiff did not meet and confer in good faith as they did not try to resolve any disputes. (Opp. at 4:15-17.) On November 8, 2022, after defendant served plaintiff with responses, plaintiff served defendant with a meet and confer letter. (Kreymer Decl. ¶ 8 & Ex. C.) Plaintiff set forth reasoning and analysis regarding w...
2023.02.02 Motion for Summary Judgment, Adjudication 331
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.02.02
Excerpt: ...medium battering ram was not defectively designed. “[A] product is defective in design either (1) if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if, in light of the relevant factors discussed below, the benefits of the challenged design do not outweigh the risk of danger inherent in such design.” (Barker v. Lull Engineering Co. (1978) 20 Cal...
2023.01.31 Demurrer, Motion to Strike 367
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.31
Excerpt: ...ution” of the issues before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) In any event, defendant STS asks this Court to take judicial notice of certain public records and certain statements of fact therein, but “[t]he hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpre...
2023.01.31 Motion to Compel Further Responses 577
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.31
Excerpt: ...orth America (“Diocese”) to serve further responses to Requests for Production, Set Three, Nos. 90-94, 96-119, 121, 122, 124, and 126-131; and (2) compel plaintiff St. John Armenian Apostolic Church Hollywood, California (“Church”) to serve further responses to Requests for Production, Set Three, Nos. 98-102, 104-122, 124-127, 129, 130, 132, and 134-139. As a preliminary matter, defendant did not pay a separate filing fee for each of the ...
2023.01.31 Motion for Leave to File FAC 508
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.31
Excerpt: ... before the Court. (Martinez v. San Diego County Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Plaintiffs UW International Corp., Crown Estate Holding, LLC, and Jay Hooper seek leave to file a First Amended Complaint (“FAC”). Plaintiffs seek to add an additional defendant, Mission N95 GP, and add additional causes of action. (Lee Decl. ¶¶ 7, 9 & Exs. 1-3.) Plaintiffs contend that Mission N95 Holdings, LLC may have been improperly formed a...
2023.01.26 Motion to Compel Further Responses 687
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.26
Excerpt: ...sts for Production, Set One is GRANTED IN PART. I. MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE Plaintiff Tomecie Ydette Crockam, by and through her successor in interest Naomi Washington, moves to compel further responses from defendant Providence Health System – Southern California to Special Interrogatories, Set One, Nos. 1-4, 6-14, 22, 24, 26, 31, and 32. After the filing of the motion, defendant served supplementa...
2023.01.26 Motion to Compel Deposition 429
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.26
Excerpt: ...this motion. (Kreymer Decl. ¶ 6 & Ex. C.) While plaintiff's meet and confer communications do not address the objections (Kreymer Decl. ¶¶ 5, 7 & Ex. B), CCP § 2025.450(b)(2) allows the moving party to file a meet and confer declaration or a declaration stating that the moving party contacted the deponent to inquire about the nonappearance. Here, defendant's Person Most Qualified (“PMQ”) failed to attend the deposition on the noticed date...
2023.01.26 Motion for Summary Judgment, Adjudication 540
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.26
Excerpt: ...oes not constitute hearsay. Dennis Calles' averments concern what he told and what he provided to Michael Prew about the fact that plaintiff had a heart condition being treated at UCLA Medical Center-Mattel Children's Hospital, including open-heart surgery. Calles' statements to Prew, as well as the letter attached to the declaration, are not offered for the truth of the matter stated (i.e., whether plaintiff actually had a heart condition); rath...
2023.01.26 Demurrer 099
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.26
Excerpt: ... as required by CCP § 430.41(a)(3). Even though defendant is self-represented, “mere self-representation is not a ground for exceptionally lenient treatment. Except when a particular rule provides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–85.) Cross-defendant Cheung is admonished to comply with t...
2023.01.24 Motions to Compel Further Responses 329
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.24
Excerpt: ... Compel Further Responses from Arte Milano Textile, Inc. to Requests for Production, Set One is GRANTED IN PART. Defendant/cross-complainant Federal Insurance Company's Motion to Compel Further Responses from Lavitex, Inc. to Requests for Production, Set One is GRANTED IN PART. Defendant/cross-complainant Federal Insurance Company's Motion to Compel Further Responses from Arte Milano Textile, Inc. to Special Interrogatories, Set One is GRANTED. D...
2023.01.24 Motion for Summary Judgment, Adjudication 344
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2023.01.24
Excerpt: ... for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Plaintiff's evidentiary objections are OVERRULED. Plaintiff One Cal Plaza Owner, LLC moves for summary judgment, or in the alternative, summary adjudication as to the breach of lease, breach of guaranty, and declaratory relief causes of action. With respect to the third cause of acti...
2022.12.29 Motion to Compel Further Responses 064
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2022.12.29
Excerpt: ...ons are OVERRULED. As a preliminary matter, the opposition was timely filed and served by electronic service on December 15, 2022, nine court days before the hearing. (CCP § 1005(b).) Oppositions shall be served in a manner “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time” the opposition is filed. (CCP § 1005(c).) Electronic service under CCP § 1010.6 i...
2022.12.20 Motion for Terminating Sanctions 447
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2022.12.20
Excerpt: ...ed on May 19, 2022 and September 13, 2022. Plaintiff seeks the striking of defendant's Answer and entry of default against defendant. On May 19, 2022, the Court heard plaintiffs' unopposed Motion to Compel Defendant Johanne Bouchereau to Provide Further Responses to Form Interrogatories-General, Set One; Special Interrogatories, Set One; and Requests for Production of Documents, Set One. (Suh Decl. ¶ 12.) The Court ordered defendant to serve fur...
2022.12.20 Demurrer 047
Location: Los Angeles
Judge: Kin, Curtis
Hearing Date: 2022.12.20
Excerpt: ...ion and second cause of action for failure to prevent discrimination on the ground that individual supervisors or coworkers cannot be held liable under the Fair Employment and Housing Act (“FEHA”). (See Compl. ¶¶ 21, 26, 28, 29 [first and second causes of action brought under FEHA].) “[I]ndividuals who do not themselves qualify as employers may not be sued under the FEHA for alleged discriminatory acts.” (Reno v. Baird (1998) 18 Cal.4th...

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