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Judge: Tanaka, Gary Y x
2024.03.14 Motion to Vacate Dismissal 051
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.14
Excerpt: ...r employee of Defendants. Plaintiff was discriminated against based on a disability. Plaintiff was misclassified as an exempt employee. Plaintiff was not paid all required wages, including overtime pay. Plaintiff was not provided the required rest and meal breaks during his employment with Defendants. Plaintiff was not provided with accurate payroll records. Plaintiff was not compensated for using his cell phone and personal vehicle for the benef...
2024.03.14 Demurrer, Motion to Strike 511
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.14
Excerpt: ...end, in part, and overruled, in part. KLM, Inc., et al.'s Motion to Strike Portions of Second Amended Complaint is denied. Background Plaintiffs filed the Complaint on December 16, 2022, the First Amended Complaint was filed on March 24, 2023, and the Second Amended Complaint was filed on November 6, 2023. Plaintiffs allege the following facts. Plaintiffs retained Defendants to do work r egarding Plaintiffs' residential remodel project including ...
2024.03.14 Demurrer 015
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.14
Excerpt: ...ined with 20 days leave to amend, sustained without leave to amend, in part, and overruled, in part. Background Plaintiff's Complaint was filed on September 12, 2023. Plaintiff alleges the following facts. In September 2020, Plaintiff purchased real property commonly known as 8301 Wiley Post Ave., Los Angeles, CA 90045 (“8301 Wiley Post”). Plaintiff made a down paym ent of 25% of the purchasing price and obtained a loan for the balance with F...
2024.03.13 Motion to Compel Further Responses 151
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.13
Excerpt: ...ATIVE RULING Janis Wilson's Motion to Compel Further Responses to Special Interrogatories, Set One, from Jan Overman, Individually, and Jan Wilson's Motion to Compel Further Responses to Special Interrogatories, Set One, from Jan Overman, as Co -Trustee are denied, in p art, and moot, in part. The Court notes that numerous other motions are scheduled for hearing on this date. However, pursuant to the stipulation filed on February 26, 2024, all ot...
2024.03.12 Motion to Strike 309
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.12
Excerpt: .... Plaintiffs allege the following facts. Plaintiffs are tenants of a property located at 5408 W. 149th Pl. Unit #3 Hawthorne, California, 90250. The property suffers from numerous habitability problems inclu ding electrical issues, leaks, and mold. Plaintiffs allege the following causes of action: 1. Breach of Contract; 2. Breach of Implied Warranty of Habitability; 3. Refund for Security Deposit and Penalty for Bad Faith Retention; 4. Negligence...
2024.03.12 Motion to Set Aside Default, Judgment, to Dismiss Action 072
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.12
Excerpt: ...and to Dismiss Action as to Artiano Appetizers, only is granted. Background Plaintiff filed the Complaint on January 24, 2019. Plaintiff alleges the following facts. This is a commercial unlawful detainer action. Motion to Set Aside Default CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against ...
2024.03.12 Demurrer 966
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.12
Excerpt: ...laintiff filed the Complaint- in-Interpleader on October 17, 2022. Plaintiff alleges the following facts. Plaintiff represented Pamela Hutchins in a motor vehicle injury action. Hutchins sought medical treatment. The medical providers provided services pur suant to a lien. Eventually, Hutchins' action settled for $250,000. Plaintiff filed the instant interpleader action and deposited all monies allocated to the medical providers with the Court. C...
2024.03.11 Motion to Specially Set Action for Early Trial Date 126
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.11
Excerpt: ...omplaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. Code §§ 905 and 945; and Various California Statutes; 2. Liability P...
2024.03.11 Motion to Quash Service of Summons and Complaint 257
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.11
Excerpt: ...d Plaintiff filed the Complaint on July 13, 2023. Plaintiff alleges the following facts. Plaintiff leased property at 400 East Manchester Boulevard, Suite B, Inglewood, CA 90301 for her bail bond business. The property began to have a foul odor and flood. Th ere was also a broken window that Defendant refused to repair. Plaintiff repaired it herself. In retaliation for Plaintiff deducting the expenses of the repairs from the monthly rental amount...
2024.03.07 Demurrer, Motion to Strike 008
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.07
Excerpt: ...Hospital, Inc.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend. Background Plaintiff filed the Complaint on June 21, 2023. The only named Plaintiff is “Damian Eduardo Sarabia, an individual.” Plaintiff alleges the following facts. Plaintiff makes the following allegation: “Plaintiff, at all relevant times herein, was a minor male who was a patient/resident at the Del Amo Behavioral Health S...
2024.03.05 Demurrer 020
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.03.05
Excerpt: ...d with 20 days leave to amend. Background Plaintiff's Complaint was filed on January 3, 2024. Plaintiff alleges the following facts. The Complaint is uncertain and nonsensical in many aspects. However, it appears that the allegations stem from luggage belonging to Plaintiff that Plaintiff contends went missing when it was in the care and custody of Orock Orock. As to the other two named Defendants, it appears that Plaintiff is alleging that these...
2024.02.29 Demurrer 598
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.29
Excerpt: ...e following facts. Plaintiff was being transported by Defendant Westmed Ambulance. She was injured when her leg struck an object. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligence; 3. Medical Malpractice. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Lusine Arshakyan.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and ra...
2024.02.29 Motion to Strike, for Sanctions 127
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.29
Excerpt: ...round Plaintiff filed the Complaint on June 30, 2023. Plaintiff alleges the following facts. Plaintiff fell from a wheelchair because Defendants failed to ensure safe transport from the airport terminal to the parking garage. Plaintiff alleges the following caus es of action: 1. Negligence 2. Negligent Hiring, Training, and Supervision 3. Premises Liability. Motion for Sanctions Pursuant to Code of Civil Procedure section 128.7, subdivision (a), ...
2024.02.27 Motion for Attorney Fees 067
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.27
Excerpt: ...lege the following facts. Plaintiffs allege that their 2016 Chrysler 300, which was manufactured and distributed by Defendant, suffers from widespread defects, including transmission and engine defects, and that Defendant has been unable to repair their vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defects, but nevertheless refused to repurchase the vehic...
2024.02.26 Motion to Compel Arbitration and Stay Action 910
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.26
Excerpt: ... Complaint on March 27, 2023. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff alleges that she was subjected to discriminatory and retaliatory conduct based on her pregnancy status. Plaintiff alleges the following causes of action: 1. Sex and Pregnancy Discrimination in Violation of FEHA Cal. Gov. Code § 12945 2. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of FEHA Cal. ...
2024.02.22 Motion to Compel Responses, for Monetary Sanctions 302
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.22
Excerpt: ... to Compel Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions TENTATIVE RULING Jamshied Pourtemour's Motions to Compel Peter Maginnis' and Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions are deemed moot, in part, and granted, in part. ...
2024.02.22 Motion to Compel Deposition, for Monetary Sanctions 315
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.22
Excerpt: ...ce. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by the general contractor Defendant Beach House Design & Development (“Beach House”) for a construction project. On June 16, 2017, Plaintiff fell from a scaffold on the jobsite located at 1727 Monterey Boulevard, Hermosa Beach, California 90254. Plaintiff alleged a sole cause of action for Gene...
2024.02.21 Motion to Strike and Tax Costs 646
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.21
Excerpt: .... Plaintiffs allege that their 2017 Ford Explorer, which was manufactured and distributed by Defendant, suffers from widespread defects — including the power train defect — and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defects, but nevertheless refused to repurchase the vehicle—a wil lful violation of...
2024.02.21 Motion for Summary Judgment, Adjudication 246
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.21
Excerpt: ... filed its Complaint on June 13, 2023. Plaintiff alleges the following facts. This is an action for recognition of a foreign money judgment pursuant to the California Uniform Foreign -Country Money Judgments Recognition Act (“Act”), CCP § 1713, et. seq. Plaintiff obtained six money judgments against Defendant in Singapore. The underlying dispute stemmed from Defendant's repudiatory breach of a contract for the sale of a Boeing 777 -212 aircr...
2024.02.20 Motion for Judgment on the Pleadings, to Sever 126
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.20
Excerpt: ...to Sever is denied without prejudice. Background Plaintiff filed the Complaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. ...
2024.02.15 Motion to Compel Further Responses, for Sanctions 476
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.15
Excerpt: ...on of Documents, Set One, and Request for Sanctions is moot, in part, granted, in part, and denied, in part. Background Plaintiff filed the Complaint on February 17, 2023. Plaintiff alleges the following facts. Plaintiff alleges that his 2020 Honda Accord suffers from defects in the computerized driver assistant safety systems. Plaintiff sets forth a cause of action under the Song -Beverly Act for Breach of Express Warranty as well as a cause of ...
2024.02.15 Demurrer, Motion to Strike 686
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.15
Excerpt: ...aint 4. Runway Vista LLC's Motion to Strike Portions of Third Amended Complaint TENTATIVE RULING Beach Front Property Management, Inc.'s and Runway Vista LLC's Demurrers to Third Amended Complaint are sustained with 20 days leave to amend. Beach Front Property Management, Inc.'s and Runway Vista LLC's Motions to Strike Portions of Third Amended Complaint are moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' C...
2024.02.14 Demurrer, Motion to Strike, to Compel Deposition, for Protective Order 047
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.14
Excerpt: ...wartz's Motion for Protective Order TENTATIVE RULING Claudette Spinelli Schwartz's Demurrer to Complaint is overruled. Claudette Spinelli Schwartz's Motion to Strike Portions of Complaint is denied. Theodore G. Schwartz's Motion to Compel Defendant's Deposition is granted. Claudette Spinelli Schwartz's Motion for Protective Order is denied, in part, and granted, in part. Background Plaintiff filed the Complaint on September 14, 2023. Plaintiff al...
2024.02.08 Demurrer to FAC, Motion to Strike 281
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.08
Excerpt: ... and sustained with 20 days leave to amend, in part. James Raack, et al.'s Motion to Strike Portions of First Amended Complaint is moot, in part, and denied, in part. Background Plaintiffs filed the Complaint on November 18, 2022. Plaintiffs' First Amended Complaint was filed on August 9, 2023. Plaintiffs allege the following facts. Plaintiffs are 25 percent owners of the partnership Westchester Triangle 8. The partnership owns commercial propert...
2024.02.06 Demurrer to TAC, Motion to Strike 136
Location: Los Angeles
Judge: Tanaka, Gary Y
Hearing Date: 2024.02.06
Excerpt: ... 3. Liberty Mutual Insurance Company's Demurrer to Third Amended Complaint 4. Liberty Insurance Corporation's Demurrer to Third Amended Complaint 5. Rainbow International of Buena Park and Mark Lingurar's Demurrer to Third Amended Complaint 6. Rainbow International of Buena Park and Mark Lingurar's Motion to Strike Portions of Third Amended Complaint 7. Rainbow International LLC's Demurrer to Third Amended Complaint 8. Rainbow International LLC's...

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