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Location: Los Angeles x
Judge: Cowan, David J x
2020.09.02 Demurrer, Motion to Strike 152
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.02
Excerpt: ...h cause of action for fraudulent inducement by intentional misrepresentation. KMA to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On October 20, 2013, Judith Vargas and Cecilia Ramirez (“Plaintiffs”) purchased a 2014 Kia Optima (the “Vehicle”) from an authorized dealership of Defendant Kia Motors America...
2020.09.01 Motion to Terminate Reference to Discovery Referee 679
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.01
Excerpt: ...laintiffs Enrique Romero, Karina Romero, Yasmine Romero, Alannah Romero Notice: OK Ruling: The Motion to Terminate the Discovery Reference is GRANTED. The Court ADOPTS the Referee's recommendations on the motion to compel further responses by CSC to Plaintiff's Form Interrogatory 15.1. The Court ADOPTS the Referee's recommendation on the motion to compel further responses by CSC to Plaintiff's First Set of Requests for Production of Documents. Th...
2020.08.31 Demurrers, Motion to Consolidate 598
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.31
Excerpt: ...ing Party: Plaintiff James C. Ball (Demurrers) *UNOPPOSED* (Motion to Consolidate) Notice: OK Ruling: Discover Bank's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to Plaintiff's claims for negligence and money paid by mistake. JPMC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to Plaintiff's claims for negligence and money paid by mistake. Plaintiff shall file a First Amended Complaint within 20 days of this Order. Plaintiff's Motion to Consolid...
2020.08.31 Demurrer, Motion to Consolidate 108
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.31
Excerpt: ...ing Party: Plaintiff James C. Ball (Demurrers) *UNOPPOSED* (Motion to Consolidate) Notice: OK Ruling: Discover Bank's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to Plaintiff's claims for negligence and money paid by mistake. JPMC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to Plaintiff's claims for negligence and money paid by mistake. Plaintiff shall file a First Amended Complaint within 20 days of this Order. Plaintiff's Motion to Consolid...
2020.08.27 Motion to Compel Arbitration 475
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.27
Excerpt: ... CONTINUED to September 22, 2020 at 8:30 a.m. in this Department. The Court issues an OSC re: why the Court should not appoint the JAMS Arbitrator to preside over consolidated arbitration and sets the OSC for September 22, 2020 at 8:30 a.m. Any responsive briefs addressing the OSC shall be filed at least five days before the hearing and shall not exceed ten pages. The Court will discharge the OSC if the parties are able to agree on a neutral arbi...
2020.08.27 Motion for Leave to File Amended Complaint, OSC Re Stay 563
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.27
Excerpt: ...ust 26, 2021 at 8:30 a.m. in this Department. The Court issues an OSC re: status of appeal for August 26, 2021 at 8:30 a.m. in this Department. All matters in this action are now stayed—including Jiang's court-ordered deposition—pending the outcome of Jiang's appeal and further order of this Court. The stay shall not affect any monetary sanctions imposed on Jiang thus far. Zeng to give notice. BACKGROUND On May 29, 2015, Anping Zeng filed a c...
2020.08.26 Motion for Relief from Rejection of Application for Renewal of Judgment 390
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.26
Excerpt: ...issioner Emilie Elias, the Court entered judgment in Plaintiff's favor and against Bustin' Production Inc. and Bustin' Touring, Inc. for $4,658,925.38 and costs of $972.00 with interest at the maximum annual rate provided by law. On June 12, 2007, Plaintiff successfully renewed the judgment for an updated amount of $9,279,578.94. On June 5, 2017, Plaintiff filed a second Application for Renewal (the “Application”). On October 30, 2017, the Cl...
2020.08.24 Demurrers, Motions to Strike 884
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.24
Excerpt: ...motion to strike); Brian Berlandi (demurrer with motion to strike); Responding Party: Plaintiff Carnovale Notice: OK Ruling: All four Demurrers are SUSTAINED WITHOUT LEAVE TO AMEND as to Carnovale's first cause of action for financial elder abuse. Berlandi's Demurrer is OVERRULED as to Carnovale's third cause of action for legal malpractice. Premier and Labi's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fourth and sixth causes of action f...
2020.08.20 Demurrer, Motion to Strike 580
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.20
Excerpt: ...raphs 47, 48, 49, 50, and 51. The Motion is GRANTED IN PART WITH LEAVE TO AMEND as to paragraph 65 and the following language is hereby stricken: “due to concerns regarding large contributions Middleton made to the Committee to Restore America's Greatness, a Political Action Committee operated by Roger Stone supporting President Donald Trump.” The Motion to Strike is DENIED as to paragraphs 38, 39, 40, 41, 42, and 43. Lee shall file a Third A...
2020.08.18 Motion to Compel and Deem Requests for Admission Admitted, for Sanctions 206
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.18
Excerpt: ...ndant Hermann H. Hsueh (“Hsueh”) to requests for production of documents, to compel responses to form interrogatories, to compel responses to special interrogatories and to deem requests for admission admitted, the combined opposition to the motions, as well as the Omnibus reply. STATEMENT OF FACTS On January 28, 2020, Baravarian served the above-referenced discovery on Hsueh, responses to which he sought further orders by these motions. On A...
2020.08.14 Motion to Compel Further Responses 564
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.14
Excerpt: ...The Court issues an OSC re: dismissal of this action following notice of 360 Jets' apparent dissolution. The OSC is set for hearing on October 12, 2020 at 10:00 a.m. 360 Jets shall file a response to the OSC at least 10 days before the hearing. Robson shall thereafter file a response at least five days before the hearing. Neither response shall exceed 8 pages. Further, if 360 Jets believes it may maintain the action notwithstanding dissolution, 3...
2020.08.14 Motion to Amend Judgment 928
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.14
Excerpt: ...dgment to add postjudgment attorney's fees in the amount of $358,053, postjudgment costs of $11,905, and $295,851.82 in postjudgment interest to the current $1,494,966 judgment. The amended judgment is for $2,160,775.82. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID‐19 pandemic. BACKGROUND On January 8, 2015, Plaintiff Da...
2020.08.12 Demurrer 865
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.12
Excerpt: ...e Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND insofar as Tunson states claims against Defendant El Camino Real Charter High School rather than or in addition to Defendant El Camino Real Alliance. Tunson shall file a First Amended Complaint within 20 days of this Order. El Camino Real Alliance to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the ...
2020.08.11 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.11
Excerpt: ...y encouraged to appear by LA Court Connect rather than in person in view of the COVID‐19 pandemic. BACKGROUND On October 11, 2019, Plaintiff Thomas Gonzales (“Gonzales”) filed a First Amended Complaint against Defendant Los Angeles Department of Water and Power (“LADWP”), stating causes of action for sexual orientation discrimination, failure to prevent discrimination and harassment, retaliation for engaging in protected activity, wrong...
2020.08.07 Motion to Enforce Judgment 282
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.07
Excerpt: ... encouraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On August 5, 2015, Plaintiff Tracy Scudder filed a Complaint against Defendants State of California Department of Transportation (“Caltrans”), Victor Garcia, Victor Flores, and unnamed Does, stating claims for racial discrimination, racial harassment, retaliation, and failure to prevent the foregoing arising out of Plaintiff's employme...
2020.08.06 Motion for Summary Judgment 571
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.06
Excerpt: ...now been resolved in HACLA's favor. HACLA to give notice. If the parties do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID-19 Pandemic. BACKGROUND On March 13, 2019, Plaintiffs Sharon Bates and Tyjuan Bates filed a Complaint against Defendants Housing Administration and Housing Authority of the City of Los Angeles (“HACLA”) stating claims for breach of contrac...
2020.08.05 Demurrer 924
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.05
Excerpt: ...mit on the tentative, in view of the COVID-19 Pandemic. BACKGROUND On April 22, 2009, Naim and Yamaguchi (in her capacity as President of 155 Hamilton Ltd. and 155 Hamilton Development LLC) executed the Contract. The Contract recognized that 155 Hamilton Development, LLC and its previous owners owe Mr. Naim a balance of $70,000” under a previous settlement agreement and that 155 Hamilton Development had not paid this debt. The Contract confirme...
2020.08.04 Demurrer 052
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.04
Excerpt: ...on, and conversion. Plaintiff shall file a First Amended Complaint within 15 days of this Ruling. Atlas to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person due to the COVID-19 Pandemic. BACKGROUND On October 3, 2019, Plaintiff First Law Group, APC filed a Complaint against Defendants Hugo Granadeno (“Hugo”), Doris Granadeno (“Doris”), Hugo Granadeno Dr...
2020.08.03 Motion to Expunge Lis Pendens 001
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.03
Excerpt: ...bmit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On August 18, 2017, Ziv Pas and American Threads, Inc. (“ATI”) filed a First Amended Complaint against Defendants Gideon Eliassi and G&S Off Price Inc. in case no. BC661351 (the “First Action”), stating claims arising out of business disputes over the operation of ATI and alleged interference...
2020.08.03 Motion to Enforce Settlement 815
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.03
Excerpt: ... re: dismissal are both vacated. The Motion to Seal is DENIED. All documents filed under temporary or conditional seal in conjunction with the motions to enforce and set aside are ordered immediately unsealed. TGSO to give notice. Counsel and/or parties are strongly encouraged to appear by LA Court Connect rather than in person due to the COVID-19 pandemic. To remotely appear by LA Court Connect, please visit: https://www.lacourt.org/lacc/ BACKGR...
2020.08.03 Anti-SLAPP Motion to Strike 306
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.08.03
Excerpt: ...ngly encouraged to appear by LA Court Connect if they do not submit on the tentative, in view of the COVID-19 Pandemic. BACKGROUND On December 18, 2019, Plaintiffs James Brusca and Antoinette Brusca filed a Complaint against Defendants Los Angeles Unified School District (“LAUSD”) and Vivian Ekchian, stating claims for violations of the Bane Act, invasion of privacy, and intentional infliction of emotional distress (IIED) arising out of the e...
2020.07.31 Demurrer 371
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.31
Excerpt: ...igence claim on the grounds that it is facially time‐barred. The Demurrer is OVERRULED as to the fraud claim. Cross‐Complainants shall file a First Amended Cross‐Complaint within 20 days of this Order. Cross‐ Complainants shall allege specific facts to support application of the delayed discovery rule and shall allege the existence of the Tolling Agreement if that is the basis for bringing facially time‐barred claims. Cross‐Complainan...
2020.07.29 Motion for Attorney's Fees 491
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.29
Excerpt: ...00 a.m. Responses to the OSC shall be filed no later than one week prior to the OSC. Chase shall submit a proposed order consistent with the foregoing and give notice of this Ruling. DISCUSSION The Court has reviewed the motion for fees, filed March 24, 2020, the opposition of plaintiff Harry M. Fox (“Fox”) to the motion and companying request for judicial notice, served on Chase on July 14, 2020 (which the Court recently obtained and will be...
2020.07.28 Motion for Sanctions, for Leave to File Amended Complaint 563
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.28
Excerpt: ...UT PREJUDICE Zeng's request for monetary sanctions. The Court DENIES the OSC re: contempt for insufficient evidence of willful refusal to comply with court orders. The Court GRANTS the request for an evidentiary sanction precluding the testimony of Mr. Black at trial. Mr. Black is not ordered to submit to deposition. The Court DENIES the request for terminating sanctions and/or evidentiary sanctions precluding Jiang from testifying. The Court ord...
2020.07.28 Demurrer, Motion to Strike 662
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.28
Excerpt: ... AMEND as to Plaintiff's prayer for punitive damages. Nissan to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect in view of the COVID‐19 pandemic. BACKGROUND On April 25, 2017, Plaintiff Juan Avila purchased a 2017 Nissan Sentra. Plaintiff thereafter experienced issues with the vehicle's allegedly defective continuously variable transmission. On November 5, 2019, Plaintiff Juan A...

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