Excerpt: ...s in these related cases filed a joint motion to augment the Phase 1 record with extra -record evidence to support their preemption challenges to the County's Oil Well Ordinance.1 They argue that these claims present Constitutional challenges that are not confined to the legislative record, citing Western States Petroleum Ass'n. v. Superior Court (1995) 9 Cal.4th 559.2 As contrasted to a CEQA claim (Phase 2 of these cases), where there is deferen...

Excerpt: ...ies agreed the Court could decide on the papers submitted. The Court also issued in the same ruling an OSC why it should not dismiss the first amended complaint. On February 9, 2024, Yen Mach (“Yen”) filed a “Reply Positions and Statement regarding Court's January 30, 2024 ruling.” She raises three issues: First, No creditor's claim was needed to bring an action against the estate of Dennis Wong (“Dennis”) because of the waiver of the...

Excerpt: ...d its Tentative Statement of Decision after evidentiary hearing on the motion for discovery sanctions and or for adverse inference determination based upon spoliation of evidence. The Court granted the motion in part and denied it in part. In granting the motion, the Court stated in relevant part: “The Court finds that Contestants are also entitled to monetary sanctions against Respondent. Contestants are the prevailing party on this motion. Re...

Excerpt: ...e exclusively regulated by the FDA, not the states or private enforcers. In opposition, Defendants argue that the motion misstates their position: Instead, they are arguing that the Prop 65 warnings are compelled speech in violation of the First Amendment and that Prop 65 conflicts with federal law which preempts it. This motion was filed October 25, 2022. The opposition was filed November 3, 2022. On December 5, 2022, Judge Beaudet granted the m...

Excerpt: ..., the Court finds Bank meets its burden of proof under California Code of Civil Procedur e (“CCP”) sec. 437c(p)(1). Pursuant to that same CCP section, the burden is then switched to defendant Aleksandr defendant Aleksandr Blyumkin (“Blyumkin ”) to prove his affirmative defenses. The Court finds three of those affirmative defenses to be unsupported and without merit, and in particular, the claims that the Russian court lacked personal juri...

Excerpt: ...rust and co -conservators of Sarolta Nuszer, seek to exclude Respondents Sarolta's son, Jim Nuszer, and his wife Maria Jacobo, fr om offering any evidence at trial related to alleged bad acts of Sarolta's daughters, Cathy Abbasi or Sarah Mogel, Sarolta's alleged fear of Cathy or Sarah and Sarolta's decision to transfer real property interests to Jim. [1] Petitioners contend these transfers on September 10, 2018 – that are no longer in dispute -...

Excerpt: ...vides the necessary evidence under Code of Civil Procedure (“CCP”) sec. 484.090 supporting the four elements that must be proven to obtain a right to attach order under CCP sec. 483.010: 1. Bank's claim is contractual in nature. 2. The claim is for a readily ascertainable sum greater than $500. 3. Bank's claim is unsecured by real property. 4. Bank's claim arises out of conduct by defendant Blyumkin of a business, as opposed to “personal, f...

Excerpt: ...NTRODUCTION Respondent Fidelity National Title Insurance Company, as successor -in -interest to Lawyers Title Insurance Corporation (“Fidelity”) contends that no relief can be granted to Petitioner Shelia Mitchell (“Shelia”) based on the causes of action to which it is a party because those are barred by a three -year statute of limitation, as well as lack of any justiciable controversy. [1] Shelia argues in response that the four -year s...

Excerpt: ...h extension under the Rules of Court) for start of trial on the petition filed November 9, 2018 is May 9, 2024. Both parties announced they were ready for trial when this case was last heard by the previou sly assigned bench officer on December 13, 2023. Both parties again indicate in their papers on this motion that they are ready to start trial before May 9, 2024. This courtroom is available to start trial (based on the settlement of another ca...

Excerpt: ...otion reconsider an order of the previously assigned judge denying summary adjudication of certain causes of action in the first amended cross- complaint (“FACC”). That prior order appears to have relied on contentions that it now appears may be contrary to the evidence and rulings at a subsequent bifurcated bench trial of certain accounting issues. For the reasons stated below, the Court will hold a hearing on reconsideration of only those r...

Excerpt: ...NT OF FACTS On October 26, 2017, Virginia filed a complaint in this case against her sister Maricela and her husband Joe Diaz related to some $41,900 she allegedly gave them for safekeeping. [1] On December 13, 2017, Virginia filed a petition in the Matter of the Guzman Revocable Living Trust, Case no. 17STPB11102 (“the Probate case”), against Maricela, her brother Ernesto, Jr. and sister Martha for determination of the validity of that trust...

Excerpt: ...sed on alleged avoidable delay by plaintiff Consumer Advocacy Group (“CAG”). As set forth below, however, the Court has already rejected this claim. Judge Beaudet found she was not able to try this case. CAG had no control over this issue. This Court may not now reconsider that ruling merely because the Court was not able to specify exactly the length of time the statute would be tolled. Later developments also do not support reconsideration....

Excerpt: ...ontesting petitions of Michael Velcherean (“Respondent”) to admit various wills, seek to exclude documents they first saw when revealed for purposes of filing a joint exhibit list in December 2023. Trial is scheduled to start May 28, 2024. As discussed below, the Court does not find Contestants have shown either Respondent violated any discovery order, intentionally withheld documents or that they would be materia lly prejudiced to warrant an...

Excerpt: ..., as well as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundr...

Excerpt: ...trol Board on August 16, 2016 (the “Decision”), and any argument related to the Decision, from the evidence to be presented at trial. As part of the Renewed Motion, Defendants have also asked the Court to consider the application of collateral estoppel to the Decision, a topic which was previously considered by the Court in 2021/2022 in view of a Motion in Limine filed by Plaintiffs. The Court has reviewed the Renewed Motion, filed January 5,...

Excerpt: ...laintiff's Motion in Limine No. 4: Re: Impeachment of Plaintiff's deposition testimony with record of auto claim Denied. Plaintiff's Motion in Limine No. 5: Re: Avoidable consequences rule not on point. No showing anything avoided by going to health insurance for medical assistance. Pebley v. Santa Clara Organics (2018) 22 Cal.App.5 th 1266 on point re: Plaintiff electing how treated. Granted. Plaintiff's Motion in Limine No. 10: Re: Dentist Jess...

Excerpt: ...ell as two oil industry associations, seek generally to challenge and set aside based on alleged violations of the California Environmental Quality Act (“CEQA”) a County ordinance enacted in January 2023 banning in unincorporated parts of the County of Los Angeles (“the County”) new oil wells and requiring existing wells to cease operations within 20 years (the “Ordinance”). Allegedly, the Ordinance may affect some fifteen hundred wel...

Excerpt: ...tractual indemnity (after having bifurcated the cross-complaints for contractual indemnity by order filed May 15, 2023.) The Court found that the indemnity provided in the agreement between Owner (“WBCMT”) and General Contractor (“Prime”) (for a construction project at the shopping center in Northridge) was a “general” indemnity clause…which would be construed to provide indemnity for a loss resulting in part from an indemnitee's �...

Excerpt: ...g-Chao Huang and Mei Jung Lin (“Contestants”) seek to exclude any evidence that controverts matters Michael Velcherean aka Remus Velcherean (“MV”) admitted in response to Contestants' First Set of Requests for Admission; specifically, RFA Nos. 23, 24, 29, 31, 32 ,41, 42, 59 and 83 in, as well as “deemed” admitted in response to RFA Nos. 95 through 114 in Contestants' Fourth Set of RFAs, pursuant to an order filed December 3, 2021 (“...

Excerpt: ...umkin (“Blyumkin”) to dismiss this case for recognition of a foreign judgment in favor of plaintiff Bank Otkritie Financial Corporation (“Bank”). The motion was based upon the claim that recognition of the judgment would be a prohibited transfer of “blocked property,” under President Biden's Executive Order No. 14024 of February 24, 2022 related to transactions involving “blocked persons” who or which have affiliations with Russia...

Excerpt: ...ffs seek to exclude improper character evidence, pursuant to Evidence Code sec. 1101, and matters protected by the Constitutional right of privacy. They point to the following potential concerns they believe Defendants will improperly seek to introduce to thereby taint the jury: drinking problems, drug use, unemployment, bankruptcy, collection of benefits, race, marital status, psychiatric treatment or sexual history. Plaintiffs believe that by s...

Excerpt: ...rean (“MV”), rests on the proposition that the decedent Amy Huang (“Amy”) committed suicide on October 18, 2018. However, the motion does not point to any coroner's report or other official document confirming suicide as the cause of death. [1] Indeed, the opposition of plaintiffs Ming-Chao Huang (“Father”) and Mei Jung Lin (“Mother”) (through her Guardian ad Litem Jackson Chen) (“Parents”) refers to Amy's death as an “appar...

Excerpt: ...neral Contractor by its superintendent John Anderson. Plaintiff indicates General Contractor has refused to produce this report on grounds of attorney client privilege and work-product but that the “dominant purpose” of the report was to advise the owner of what happened and therefore it was not privileged, citing D.I. Chadbourne v. Sup. Ct. (1964) 60 Cal.2d 723, 737. She also argues in any event that General Contractor has waived those privi...

Excerpt: ... 2023, 8:30 a.m. INTRODUCTION AND RELEVANT HISTORY In 2004, George B. Williamson (“George B.”) and Ruth Williamson (“Ruth”) formed six trusts, one for each of their six children, petitioners Anne Farrell (“Anne”) and Laura Black (“Laura”), respondents Thomas Williamson (“Thomas”) and Sue Shreve (“Sue”), as well as non-parties Patricia Brunner (“Patricia”) and George Williamson III (“George III”) (“the 101 Trusts�...

Excerpt: ...seeks to exclude any evidence related to whether the 2013 Settlement Agreement by and between, among other parties, Former Trustees and entities then under the control of Charles Dickens, including the debtor Tower Park Properties (“TPP”), in connection with the pending bankruptcy proceeding of that entity, was a “good deal.” Former Trustees contend that because the Settlement Agreement was a “good deal,” they could not have reasonabl...

Excerpt: ...ases Hearing Date: September 28, 2023, 8:30 a.m. INTRODUCTION AND RELEVANT HISTORY On November 12, 2015, a Utah court, by Judge James Gardener, issued a one-hundred-and-ten- page statement of decision in a case involving the parties herein concerning mismanagement by Thomas Williamson (“Thomas”) [1] of various entities and real property owned by the estate of George B. Williamson and Ruth Williamson and his replacement by Anne Farrell and Dav...

Excerpt: ...seph Eliafan (“Joseph”) against respondent Marvita Floranza (“Floranza”). The Court found in favor of Joseph on the cause of action for “financial abuse” of an “elder,” Houshang Eliafan (“Houshang”), in part, finding Joseph should recover $603,017.11 (representing what Floranza wrongfully took after the sale of the property, which amount was doubled pursuant to Welfare & Institutions (“W & I”) Code sec. 15610.30(a)), but d...

Excerpt: ... is pending in a manner that will allow a final adjudication of all issues. Moving parties' request for dismissal of the civil case does not properly address the failure of Jazmyn Bown (“Jazmyn”) to plead the relevant provisions of the Probate Code. [1] The answer lies in the parties' responding to this Court's issuance of an OSC why co- trustees Timothy Moore (“Timothy”) and Vanessa Campbell (“Vanessa”), should not be ordered to file...

Excerpt: ...oncerns whether it is crucial for Moving Parties, Caroline Cheng and Diana Cheng, to take the deposition of opposing counsel, Robert Schachter, related to phone calls he and his client, Bernice Cheng, had with TD Ameritrade (“TD”) in May 2020 concerning whether TD could permissibly distribute the funds it held to co-trustees of Family Trust Sub-Trust B, sisters Diana, Caroline, Arlene and Bernice, each of whom is also a 25% beneficiary. [1] M...

Excerpt: ...”) [1] , conservator of his wife Mimi Scofield Frengs (“Mimi”), contends that Kenneth F. Jenkins (“Jenkins”), a private professional fiduciary (“PPF”) designated as a successor trustee by Mimi, on advice of her attorney Dennis Healey (“Healey”) (who also represented Jenkins), should not be able to fill the vacancy in the office of trustee due to Philip having a pending claim against Healey's estate (given Healey's passing) - rel...

Excerpt: ...against Former Trustees arising from Tower Grove BACKGROUND On April 17, 2023, the parties filed their joint report for a trial setting conference as to the attorney's fees phase of the trial the Court has been conducting on the surcharge claims of Beneficiary Alexander Hughes (“Beneficiary”) against Former Trustees Christopher Pair, Susan Bruin, as Special Administrator for the Estate of Conrad Klein, and James Reynolds, as Special Administr...

Excerpt: ...t of Appeal reversed an order of Judge Michael Small, to whom this case was previously assigned, for petitioners and Appellants Ming-Chao Huang, Mei Jung Lin and Sophia Huang (“Huang Family”) to respond to a second set of special interrogatories and pay monetary sanctions to respondent Michael Velcherean (“MV”). The Court of Appeal found that the underlying motions to compel were untimely and awarded Huang Family its “costs” on appeal...

Excerpt: ...e in advance of the bifurcated bench trial on the accounting issues now scheduled to commence on July 31, 2023. The jury trial on the remaining issues will be scheduled after the Court renders its final statement of decision on the accounting issues. ODS' MOTION IN LIMINE No. 8: This motion concerns a request to exclude testimony of Larry Berliner related to his opinions as an information technology expert that (1) ODS made the discovery process ...

Excerpt: ...ministration to hold all privileges (including but not limited to the attorney-client privilege and Constitutional right of privacy), to which his father, Norman P. Rotenberg (“Decedent”) is entitled to assert under California law with respect to the deposition subpoena and the taking of deposition of Jeffrey Marvan (who was attorney for Decedent, before his passing, in related Case No. 16STPB04520) in the related pending case, Case No. 19STP...

Excerpt: ...al. On April 25, 2023, after considerable argument and a hearing, the Court filed a Final Statement of Decision (“FSOD”). On May 5, 2023, Former Trustees filed a motion for reconsideration or clarification of the FSOD. On May 17, 2023, the Court denied the ex parte application of Beneficiary to strike the motion for reconsideration. On May 24, 2023, Beneficiary filed Opposition to the motion. On May 31, 2023, Former Trustees filed a Reply Bri...

Excerpt: ...nt on grounds that the plaintiff is a "Specially Designated National" ("SDN") that is prohibited or 'Yocked" by the April 15, 2021 Executive Order 14024 of President Biden from receivmg any provision of funds and or engaging in any actions that would constitute a prohibited transfer. (31 C.F.R secs. 587.301, 587.312) Instead, the Court issued a stay of this case to give Plaintiff an opportunity, if it wished, to apply for a "specific license" fro...

Excerpt: ...2018, this Coun by Judge Daniel Juarez: filed an order granting an application of Anne Farrell, Katherine Black Garcia, Christopher Black: Henry Black Laura Black and David Farrell ("Petitioners") for order appointing receiver and for preliminary injunction. That order states in relevant part: 'Thomas Williamson ["Respondent"] is hereby preliminarily enjoined, restrained and enjoined from transferring, removing, or otherwise using, encumbering, o...

Excerpt: ...Court issued its tentative ruling (which after the hearing was filed for the record). On April 13, 2023, the Court heard oral argument on the motion. The Court agreed to continue the motion to allow the parties to brief fill-ther two issues: first, as discussed in the tentative ruling, what Judge Small intended by way of the Admitted Matters Order ("AMO") and to clariö• a point that movants contended was mistaken in this regard in the tentativ...

Excerpt: ... long cause trial. On March 16, 2023, the Court set this case to start trial on July 24, 2023. The Court also set the hearing on the above-referenced motions — each seeking Evidence Code see. 402 hearings - for May 3, 2023 and the balance of the motions in limine ("N'IIL") for hearing on June 28, 2023. In preparation for the May 3 hearing, the Court reviewed the parties' trial briefs, as well as each of the three motions, and the opposition to ...

Excerpt: ...ion Services ("General Contractor"), U.S. Fire Protection, Inc. ("Sub-Contraetor") and DOES arising from an accident where Plaintiff alleges a head injury from debris falling on her when she was entering her dentist's office at the mall where construction work was ongoing. On August 22, 2019, Plaintiffnamed Doe 1 as WBCMT 2007-C31 Nordhoff Street Limited Partnership ("Owner"). On September 19 , 2019 , General Contractor filed a cross-complaint fo...

Excerpt: ...e 23, 2022,1 Michael Velcherean ("MV") filed this motion for summary adjudication as to certain grounds asserted by Ming-Chao Huang ("MCH") and Mei Jung Lin ("MJL'), through her guardian ad litem Jackson Chen ("Parents") in their First Amended Will Contest and Objection to MV s petition to admit a will of the decedent Amy Huang ("Am", dated August 10, 2018 ("the Will") (Ex. 1 to MV Declaration).2 On April 21, 2023, Parents filed their Opposition ...

Excerpt: ...use trial. On March 16, 2023, the Court set this case to start trial on July 24, 2023. The Court also set the hearing on the above-referenced motions - each seeking Evidence Code sec. 402 hearmgs - for May 3, 2023 and the balance of the motions in limine ("MIL") for hearing on June 28, 2023. In preparation for the May 3 hearing, the Court has reviewed the parties' trial briefs, as well as each of the three motions, and the opposition to and reply...

Excerpt: ...H”), Mei Jung Lin (“MJL”), Sophia Huang (“SH”) and Yu Ching Huang (“YCH”) (collectively “Movants”) filed a motion for summary judgment, or in the alternative, for summary adjudication. The motion seeks to summarily adjudicate the following three issues: 1. Petitioners are entitled to a judgment in their favor on the Probate Code (“PC”) sec. 850 petition filed by Michael Velcherean (“MV”) on September 26, 2022 as to the $...

Excerpt: ...ants as to all causes of action except the eleventh cause of action in the second amended complaint. As noted therein, “t]he parties…have not focused on the eleventh cause of action for retaliation and whether that is one in tort or under 42 USC sec. 1983. Though para. 182 of the second amended complaint requests relief under 42 USC sec. 1983, para. 180 alleges the wrongdoing in question: “retaliating against plaintiffs for blowing the whis...

Excerpt: ...ACKGROUND On February 24 2023, the Court entered an order denying, without prejudice, an earlier motion of Michael Velcherean ("Respondent") to terminate discovery reference on the basis that the limited evidence provided as to the financial ability of Respondent to pay for the discovery referee was without foundation. On March 2, 2023, the Court entered an order continuing, for the reasons stated therein, the motion of the Huang Family Members (...

Excerpt: ...t contradicts matters admitted in response to certam requests for admission. On May 4, 2022, defendants Ci5r of Compton ("City") and Victor Orozco ("Orozco") filed a MIL to exclude testimony and opinion evidence from Michael W. Lau and Christopher Grew as Plaintiffs' retained experts. On January 20, 2022, City and Orozco filed MIL No. 1 to preclude evidence of Orozco's unrelated job performance and qualifications. On January 20, 2022, City and Or...

Excerpt: ...�City”) filed the above-referenced motion for its Mayor Emma Sharif. On February 6, 2023, City filed substantially identical motions pertaining to other of its elected officials: Treasurer Brandon Mims, and current or former members of its City Council, Jonathan Bowers, Isaac Galvan and Andre Spicer. On February 22, 2023, Plaintiffs filed a trial brief in support of their earlier ex parte application for an order requiring certain witnesses app...

Excerpt: ...ported by a Declaration of Robert N. Sacks, Respondent's then attorney. Mr. Sacks asserts in para. 3 that having to produce documents would invade his client's right to privacy and would be highly prejudicial. No declaration was filed by Respondent himself. On October 21, 2019, Petitioners filed opposition to the ex parte application on the basis that there was no exigency to decide the request ex parte, noting there were innumerable problems wit...

Excerpt: ...ll) issued an order making a reference to a referee (Hon. James A Steele (Ret.)) for hearing discovery issues in both the related cases. On August 29, 2022, the Court (again by Judge Small) issued a further order clarifying that the reference was a special reference (requiring that the Court review the referee's recommendations and any objections to it) and for the parties to each pay one half of the referee's fees. On January 9, 2023, Judge Smal...

Excerpt: .... Rotenberg (hereinafter referred to as “Mark”) and Joyce Steinberg Fickett (“Joyce”).1 Mark and Steven P. Rotenberg (“Steven”) are children of Norman Philip Rotenberg (“Decedent”) and Mary Louise Rotenberg. Joyce was Decedent's domestic partner until Decedent's death on October 6, 2018. On January 5, 2022, Mark filed the above-referenced unlawful detainer complaint (the “UD Complaint”) against Joyce relating to residential re...

Excerpt: ...otion in Limine to exclude expert testimony of Patricia Botoff, Marc E. Hankin and Jon Peddie Hearing Date: February 7, 2023 On January 31, 2023, Plaintiffs rested their case at trial. On January 31, 2023, Defendants Daqri, LLC (“LLC”), Tarsadia Investments and Greg Casserly filed this motion under Code of Civil Procedure sec. 631.8. Raben, Deputy and Mullins joined in the motion. On January 31, 2023, by stipulation, Defendants filed a supple...

Excerpt: ...aware or California law, depending on which was applicable, by way of a written proffer of evidence to be submitted by Plaintiffs, under the standards set forth for a motion for nonsuit under Code of Civil Procedure sec. 581c. On the same date, Plaintiffs filed a detailed twenty-three pages proffer of facts they asserted would be proven at trial, the relevant portions of which will be discussed below, which the Court for these purposes assumes to...

Excerpt: ...e. The trial is scheduled to last nearly two months and is to be tried by the Court. As discussed below, the procedure Cross‐defendants suggest is not one that this Court can adopt. However, the Court is open to consideration of other ways to schedule the order of proof or to bifurcate issues at trial so that all concerned can avoid what might otherwise be unnecessary and or in any event to focus first on key issues that may impact later issues...

Excerpt: ...emptory Challenge is DENIED. The Committee to give notice. BACKGROUND On December 6, 2021, the Committee to Remove Baba Sale Directors filed a Petition to Remove Directors of Baba Sale Congregation, seeking relief against Baba Sale Congregation, Eric Wannon, Simon Benhaim, Robert Krief, Elie Atias, and Does 1-50. The Committee seeks to remove Wannon, Krief, Benhaim, and Atias as Directors of the Congregation. On January 19, 2022, Congregation fil...

Excerpt: ...appear remotely rather than in person. BACKGROUND On May 24, 2022, Kristen M. Wallis, as Personal Representative of the Estate of Tyson Wallis, filed a Complaint against Robinson Helicopter Company, Inc. stating causes of action for wrongful death, negligence, and strict product liability arising out of the death of Tyson Wallis on March 25, 2022 when "a Robinson R44 helicopter . . . crashed in Rowlett, Texas." On July 19, 2022, Robinson filed a ...

Excerpt: ...Transfer is DENIED WITHOUT PREJUDICE. Iglesia is ordered to file and serve a Notice of Related Case in cases 19NWCV00841 and 22CHCV00421 within ten days of this Order. Iglesia to give notice. If the parties do not submit on the tentative, they are strongly encouraged to appear remotely. BACKGROUND On June 9, 2022, Plaintiff National Group Construction & Management, Inc. filed a Complaint against Defendants Iglesia De Cristo Ministerios Llamada Fi...

Excerpt: ...rnia Department of Motor Vehicles (22STCP02919) On August 22, 2022, Dustin Taylor Duket filed a Notice of Related Case indicating cases 22STCP00664 and 22STCP02919 are related. On August 26, 2022, Judge Mary H. Strobel declined to relate the cases. On October 25, 2022, Duket filed a Motion to Relate and Consolidate Cases in Department 1, seeking an order relating cases 22STCP00664 and 22STCP02919. (CRC 3.300(h)(1)(D) (authorizing the Supervising ...

Excerpt: ...STCV23052); Associated Ready Mixed Concrete, Inc. v. 8521 S, LLC, et al. (22STCV10429); A&A Ready Mixed Concrete, Inc. v. 8521 S, LLC, et al. (22STCV10478); Fleming & Sons Concrete Pumping, Inc. v. Constructure Inc., et al. (22STLC01774) On April 13, 2022, Constructure, Inc. filed a Notice of Related Case indicating civil cases 22TRCV00156, 22STCV10478, 22STCV10429, and 22STLC01774 are related. On June 16, 2022, Constructure, Inc. filed a Notice ...

Excerpt: ...wn-Williams and Alvin E. Williams vexatious litigants in Los Angeles County Superior Court case PC056141 (Williams v. Bentley Motors Inc., et al.), subject to a CCP § 391.7 prefiling orders. The prefiling orders require the parties to obtain the permission of the presiding judge to file new litigation. Permission is granted only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. (CCP § 391.7(b).) ...

Excerpt: ...nment v. County of Los Angeles, et al. (22STCP01357); Santa Clarita Organization for Planning the Environment v. County of Los Angeles, et al. (21STCP01446) On April 26, 2022, Santa Clarita Organization for Planning the Environment (the “Organization”) filed a Notice of Related Case indicating case 21STCP01446 is related to case 22STCP01357. On May 4, 2022, Judge Mary H. Strobel deemed cases 21STCP01446 and 22STCP01357 related. That same day,...

Excerpt: ...mplaint against Thomas P. Schmalzried, M.D.; Thomas P. Schmalzried, M.D., a professional corporation; Pinnacle West Orthopaedics, Inc.; Gregory T. Switzer; Aimee Anselmo; and Does 1-20, stating causes of action for product liability, negligence, fraud, negligent misrepresentation, breach of implied warranty, and breach of express warranty arising out of a "defective hip implant system" Bradley received in 2008. Further, Bradley filed a Notice of ...

Excerpt: ...t al. v. Kaiser Foundation Health Plan, Inc. (22STCV05443) On September 12, 2022, Kaiser Foundation Hospitals filed a Notice of Related Case indicating case 20STCV49826 is related to cases 21STCV43442 and 22STCV05443. On September 19, 2022, Judge Monica Bachner denied relation of cases 20STCV49826, 21STCV43442, and 22STCV05443. On October 17, 2022, Kaiser filed a Motion to Relate Cases in Department 1, seeking an order relating case 20STCV49826 t...

Excerpt: ...o appear remotely rather than in person. BACKGROUND On May 24, 2022, Kristen M. Wallis, as Personal Representative of the Estate of Tyson Wallis, filed a Complaint against Robinson Helicopter Company, Inc. stating causes of action for wrongful death, negligence, and strict product liability arising out of the death of Tyson Wallis on March 25, 2022 when "a Robinson R44 helicopter . . . crashed in Rowlett, Texas." On July 19, 2022, Robinson filed ...

Excerpt: ...aney, and Brian M. Regan Ruling: The parties are ordered to file probate petitions reasserting their claims relating to internal affairs of the Duerr Trust, including as to Albert's mismanagement of the Trust and Jennifer's distribution of settlement funds to beneficiaries of the Trust, and then dismiss the corresponding civil claims and cross- claims without prejudice. Albert is not ordered to refile the professional negligence claim in probate ...

Excerpt: ...license to seek recognition or enforcement of its judgment against Blyumkin. The Court sets a Status Conference Re: License for April 18, 2023. The Court CONTINUES Otkritie's Motion for Summary Judgment to June 22, 2023. Blyumkin to give notice. BACKGROUND On October 8, 2021, Bank Otkritie Financial Corporation (“Otkritie”) filed a Complaint for Recognition of Foreign-Country Judgment seeking judicial recognition of a November 13, 2020 judgme...

Excerpt: ...v. Benjamin Landa, et al. (20STCV19545); Jamie Ann Ivey, et al. v. Serrano Post Acute, LLC (20STCV24087) On May 12, 2022, Emma Martin, Elizabeth Gagliano, and Kathryn Sessinghaus (the “Martin plaintiffs”) filed a Notice of Related Case in case 20STCV19545 indicating civil cases 20STCV19545 and 20STCV24087 are related. The same day, Jamie Ann Ivey, Sandra Dee Ivey, and James Edward Ivey, Jr. (the “Ivey plaintiffs”) filed a Notice of Relate...

Excerpt: ...Corporation, et al. (CIV-SB-2200940) On June 17, 2022, Farmers Insurance Exchange (“Farmers”) filed a Notice of Related Case indicating Los Angeles Superior Court case no. 20STCV17320 is related to San Bernardino Superior Court case no. CIV-SB-2200940. On July 13, 2022, Farmers filed a Motion to Coordinate seeking to transfer case CIV-SB-2200940 to the Los Angeles Superior Court for coordination with case 20STCV17320. On July 22, 2022, Judge ...

Excerpt: ...shall give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely rather than in person. BACKGROUND On March 11, 2015, Plaintiff Noushin Khoiny, M.D. filed a Complaint against Defendants St. Mary Medical Center, Dignity Health, Chester Choi, M.D., Andrew Burg, M.D., Bahman Chavoshan, M.D., Maged Tanios, M.D., Brian Rayhanabad, M.D., and Does 1-30 stating causes of action for breach of contract, wrongful...

Excerpt: ...in Department 1. Beneficiary and Former Trustees shall file separate Responses to the OSC Re: Bifurcation by September 15, 2022 addressing (1) what discovery is necessary to properly litigate phantom tax issues and how long this discovery is likely to take; (2) what expert testimony (if any) Beneficiary and Former Trustees intend to offer regarding tax liability; (3) whether the parties will stipulate to reopen discovery via stipulation and/or an...

Excerpt: ...9); 730 Kingsley, LLC v. Su H. Hyon (20STCV42326) On November 11, 2020, Su Hui Hyon filed a Notice of Related Case indicating civil unlawful detainer case 20STUD03584 is related to civil cases 20STCV42319 and 20STCV42326. On December 18, 2020 and March 11, 2021, Judge Stuart M. Rice declined to relate case 20STCV42319 to cases 20STUD03584 or 20STCV42326. On July 22, 2022, Hyon filed, in Department 1, a Motion to Relate cases 20STCV42319 and 20STC...

Excerpt: ...overy sanctions. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely via LA Court Connect rather than in person. BACKGROUND On September 12, 2013, Alma Mateos filed a Complaint against Millennium Products, Inc. and Does 1-10 stating causes of action for failure to pay overtime compensation, failure to provide meal periods, failure to provide rest periods, failure to provide itemized wage sta...

Excerpt: ...ENTATIVE] ORDER ON MOTION TO RELATE AND COORDINATE CASES Starstone National Insurance Company v. Pine Grove Healthcare & Wellness Centre, LP, et al. (21STCV41861); Starstone National Insurance Company v. Four Seasons Healthcare & Wellness Center, LLC, et al. (21STCV42981); Starstone National Insurance Company v. Bakersfield Healthcare & Wellness Centre, LLC, et al. (BCV-21-102747) On January 6, 2022, Defendants filed a Notice of Related Case indi...

Excerpt: ...1; 21STCV23995 [TENTATIVE] RULING ON MOTIONS FOR ORDERS RELATING CASES Maria de los Angeles Vasquez, et al. v. York Healthcare & Wellness Centre, LP, et al. (22STCV08021); Pablo Vasquez v. York Healthcare & Wellness Centre, LP, et al. (21STCV23995) On March 8, 2022, Belen Ramirez filed a Notice of Related Case indicating civil case 21STCV23995 is related to civil case 22STCV08021. On March 14, 2022, Judge Richard L. Fruin deemed civil cases 21STC...

Excerpt: ... Manuscript Productions, LLC, et al. (19STCV04374) On April 29, 2022, SMC Specialty Finance, LLC filed a Notice of Related Case indicating civil cases 22STCV09769 and 19STCV04374 are related. On May 18, 2022, Judge Richard L. Fruin concluded the cases are not related. On June 2, 2022, MJW Media, Inc. filed a Motion to Relate Cases seeking an order relating civil cases 22STCV09769 and 19STCV04374. (CRC 3.300(h)(1)(D) (authorizing the Supervising J...

Excerpt: ...n and Estate and Petition to Appoint Temporary Conservator of the Person and Estate for Jean Elbert (Los Angeles Superior Court probate case 18STPB07005). On October 21, 2019, Oveross filed a Petition to Administer Jean Elbert's Estate after her death on August 6, 2019 (Los Angeles Superior Court probate case 19STPB09978). On November 24, 2021, Kevin M. Cryan, as an agent of Richard A. Cryan under a durable power of attorney, filed a Complaint ag...

Excerpt: ...y 24, 2022, Central Basin Municipal Water District (the “District”) filed a Notice of Related Case indicating civil case 21STCV06132 is related to civil case 21STCV27334. On February 8, 2022, Judge Elaine Lu and Judge Theresa M. Traber concluded the cases are not related. On May 12, 2022, the District filed a Motion to Relate Cases seeking an order relating civil cases 21STCV06132 and 21STCV27334. (CRC 3.300(h)(1)(D) (authorizing the Supervis...

Excerpt: ...y rather than in person. BACKGROUND On February 7, 2018, Joseph Chase and Sylvia Chase filed a First Amended Complaint against Benjamin Wizmann, Michelle Wizmann, Mount Management Inc., Caroline Denise Wizman, and Does 1-20 stating causes of action for trespass, trespass to timber, nuisance, negligence, fraudulent transfer, and removal of support. On July 23, 2021, the parties filed a joint Notice of Long Cause Submission seeking an order from De...

Excerpt: ...notice. BACKGROUND On May 2, 2022, Santosh Padki filed a Complaint against Tone It Up, Inc., Tengram Capital Partners, LP, and Does 1-50 stating causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, failure to pay wages, failure to reimburse reasonably necessary business expenses, wrongful termination, whistleblower retaliation (Labor Code sec. 1102.5), and waiting time penalties. On May 6, 2022, ...

Excerpt: ...ct for reassignment. Defendants Blake and Zenteno to give notice. If the parties do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On February 1, 2022, Martin B. Canter filed a Complaint against Paul W. Blake, Jr. and Armando Zenteno stating causes of action for fraud, legal malpractice, "ineffective counsel," and "misconduct." Canter alleges attorney Blake and paralegal Zenteno inadeq...

Excerpt: ... to give notice of this ruling. DISCUSSION Plaintiff Rod Linsangan moves for permission to file a petition for coordination of several cases. (CCP sec. 404-404.1, CRC 3.520.) This motion is determined by the Supervising Judge of the Civil Division, sitting in Department 1, as the designee of the Presiding Judge under CCP sec. 404.9 to hear such motions. In turn, once a petition for coordination has been granted and a coordination judge must be ap...

Excerpt: ...Vintage Watch Company, et al. (20STCV29691); On September 3, 2021, International Vintage Watch Company (“IVWC”) filed a Notice of Related Case indicating civil case 20STCV29691 is related to civil case 21SMCV00125. On September 7, 2021, Danny Suleminian (“Danny”) and Shirley Suleminian (“Shirley”) filed a Response to the Notice of Related Case. [1] On September 15, 2021, Judge Steven J. Kleifield concluded the cases are not related. O...

Excerpt: ...in this Ruling. Former Trustees to give notice. DISCUSSION On April 15, 2022, the Court issued its Final Second Interim Ruling Re: Lost Profits. In this Ruling, the Court reached an initial conclusion that “the Trust suffered losses of $76,337,000, consisting of $22,325,000 in net sales proceeds reinvested between 2004 and 2021 at an annual rate of return of 7.5%, accumulating $54,012,000 in interest,” subject to potential offset based on the...

Excerpt: ...Fountain Capital, LLC, et al. v. Ashley Lee, et al. (21STCV45186) On December 14, 2021, Ashley Lee and Mason Ly filed a Notice of Related Case indicating civil case 21STCV44240 is related to civil case 21STCV09175. On December 20, 2021, Judge Michael L. Stern deemed the cases not related. On February 14, 2022, Lee and Ly filed a Notice of Related Case indicating civil case 21STCV44240 is related to civil case 21STCV45186. On March 23, 2022, Lee a...

Excerpt: ... LLC filed a Notice of Related Case indicating civil case BC696133 is related to civil case 21CHCV00686. On October 7, 2021, Judge Jon R. Takasugi deemed the cases not related. On March 22, 2022, Circuit Services filed in Department 1 a Motion for Order Relating Cases. (CRC 3.300(h)(1)(D) (authorizing the Supervising Judge of the Civil Division to relate cases upon motion after relation is denied under 3.300(h)(1)(A)-(C).) The Motion is unopposed...

Excerpt: ...ORDER RELATING CASES Julie Su, et al. v. Calcrete Construction, Inc., et al. (BC667644); Labor Commissioner v. Calcrete Construction, Inc., et al. (21STCV22096) On September 8, 2021, Calcrete Construction, Inc. filed a Notice of Related Case indicating civil case BC667644 is related to civil case 21STCV22096. On September 17, 2021, Judge Kevin C. Brazile deemed the cases not related. On March 17, 2022, California State Labor Commissioner Lilia Ga...

Excerpt: ...notice. If the parties do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On December 30, 2020, Jianwei Bai filed a Complaint against Cross Country Holdings Partnership and Does 1-10 stating a single cause of action for unlawful detainer, seeking to recover possession of 1805 Outpost Drive, Los Angeles, CA 90068. On June 17, 2021, Commissioner William D. Dodson indicated he “will not ...

Excerpt: ...y are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On November 17, 2017, Kirk D. Reimann filed, in the San Bernardino County Superior Court, a Petition to Determine Status of Trust, Protect Assets of Trust, Suspension and Removal of Successor Trustee Deborah L. Catingub, Appointment of Successor or Temporary Trustee, and Determination of Interests of Beneficiaries of the Reimann Intervivos Trust dated August 6, 1985 (the...

Excerpt: ...itigant and entered a CCP sec. 391.7 prefiling order requiring him to obtain permission from Department 1 to file any new litigation in the Los Angeles Superior Court. On March 17, 2022, Cono filed a “Motion for Order (FORM: VL-125 - APPLICATION FOR ORDER TO VACATE PREFILING ORDER AND REMOVE PLAINTIFF From - VEXATIOUS LITIGANT LIST).” In this Motion, Cono offers a “LIST OF REASONS – WHY CONO IS A VICTIM OF CRIMES, - AND CONO IS NOT A VEXA...

Excerpt: ...im a vexatious litigant in Los Angeles Superior Court case SC112269 (Lim v. Hacker, et al.). On March 7, 2022, Lim filed a Motion to Vacate several orders, including the August 14, 2012 Order deeming him a vexatious litigant. Later that day, the Motion to Vacate was referred to Department 1 and set for hearing on April 14, 2022 at 8:30 a.m. Department 1 ordered Lim to give notice of the new hearing to Defendants Ronald Hacker and Bag Fund, LLC. O...

Excerpt: ...Keum Nam Chang, et al. (21STCV08972); Jonathon Smith v. Keum Nam Chang, et al. (21STCV28360); John Watts v. GJY Property Investment, LLC, et al. (21STCV28371) Andrew Miller v. GJY Property Investment, LLC, et al. (21STCV28381); Nathaniel Gardener v. Keum Nam Chang, et al. (21STCV28438) On February 25, 2022, Keum Nam Chang (“Chang”) and GJY Property Investment, LLC (“GJY”) filed a Notice of Related Case indicating civil case 19STCV08956 is...

Excerpt: ... to Judge Mackey is DENIED. Freshly Minted to give notice. BACKGROUND On May 28, 2020, Joanna Ardalan filed a Complaint against Josephine Borchardt, Genevieve Borchardt, Francesca Borchardt, Gabriela Borchardt, and Does 1-10 stating causes of action for breach of contract, unjust enrichment, negligence, and declaratory relief. On December 21, 2021, Josephine Borchardt, Genevieve Borchardt, and Francesca Borchardt filed a Cross-Complaint against J...

Excerpt: ...angan is granted permission to submit a petition for coordination of the above-identified cases to the Chair of the Judicial Council. Los Angeles Superior Court case 21STCV09227 is stayed for 30 days. (CRC 3.520(b)(3).) Linsangan to give notice of this ruling. DISCUSSION Plaintiff Rod Linsangan moves for permission to file a petition for coordination of several cases. (CCP sec. 404-404.1, CRC 3.520.) This motion is determined by the Supervising J...

Excerpt: ...unting cause of action in the civil case. No relief is ordered with respect to other causes of action pending in the civil case. Defendant to give notice. If the parties do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On December 2, 2020. Jeffrey Walton filed a Complaint against Carole Ann Gaba, individually and as Trustee of the Harold and Carole Gaba Family Trust dated November 3, ...

Excerpt: ...losure Re: Tower Grove, designating the following experts for trial: John Taylor, Steven R. Norris, John A. Hartog, David Lauletta, and James R. Maddox, Jr. As relevant here, Beneficiary indicated Taylor "is expected to testify . . . regarding the proper method for calculating the damages incurred by the Trust . . . and the amount(s) of those damages." Beneficiary also indicated Taylor "may testify . . . regarding the nature and reasonableness of...

Excerpt: ...s do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On August 16, 2021, Shakeb Zuberi and Amra Zuberi ("Plaintiffs") filed a Complaint against Kinecta Federal Credit Union ("Defendant") and Does 1-98 stating causes of action for wrongful foreclosure, negligence, slander of title, fraud, accounting, unfair business practices, cancellation of instrument, constructive fraud, violation of ...

Excerpt: ...mount, recoverable against the County. The Court reserves jurisdiction to hear a motion for attorney's fees incurred in the administrative hearings before the Board on remand. Paramount to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely via LA Court Connect rather than in person. BACKGROUND On March 22, 2018, the Los Angeles County Assessment Appeals Board issued written Findings of Fact denying an A...

Excerpt: ...ey are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On December 2, 2021, Perla Mageno filed a Complaint against WLS1, LLC and Does 1-10 stating a single cause of action for violation of the Unruh Civil Rights Act. Plaintiff alleges she is legally blind and uses screen-reading software to browse the interest. Plaintiff alleges she visited a website maintained by WLS1, "www.midorisushiventura.com," but "encountered multipl...

Excerpt: ... in both cases within ten days of this Order consistent with CRC 3.300(d). Defendants to give notice. If the parties do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On October 13, 2021, Plaintiff Ronald L. Ponciano filed a Complaint against Defendants Citrus Community College District, Geraldine M. Perri, Robert Sammis, and Does 1-100 stating causes of action for age discrimination, ...

Excerpt: ...r breach of contract, "money lent and paid out," and "on account stated." The Complaint alleges Pressman made a series of eighteen loans to Pressman between April 2019 and November 2020 secured by promissory notes requiring monthly interest payments. Pressman alleges Granja "failed and refused" to make payments on the notes. On April 21, 2021, Pressman, as Trustee of the Barry Pressman Family Trust, filed an unlawful detainer complaint (in LASC c...

Excerpt: ... Orders for the Trustee and Accounting of The John E. Bosak Sr. Trust alleging elder abuse, fraud, and breach of fiduciary duty by Trustee Violet R. Bosak (“Violet”).[1] Cynthia is the daughter of settlor John E. Bosak Sr. ("Decedent") and Trustee Violet. Cynthia alleged the "Trust is being 'abused' and liquidated of all assets" due to undue influence of Violet by Nancy M. Bosak Rodriguez (“Nancy”) and Ken J. Bosak (“Ken”). The Petiti...