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2020.10.14 Demurrer 136
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.14
Excerpt: ...he parties do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person. BACKGROUND On March 20, 2020, Plaintiff Behrouz Rafael filed a Complaint against Defendant Jilla Vahedi, Plaintiff's ex-wife, stating claims for partition and sale and equitable compensatory adjustment in connection with residential real property co-owned by Plaintiff and Defendant. The Complaint alleges that “the parties...
2020.10.13 OSC Re Dismissal 564
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.13
Excerpt: ...ble to do if taxes are due – and or any other new evidence or argument why these actions should not be stayed pending payment of required taxes. Defendants may then file any response five days before that hearing. Plaintiffs to give notice. BACKGROUND On January 23, 2015, R Consulting & Sales Inc. initiated an action against Info Tech Corporation in the San Diego Superior Court, R Consulting & Sales Inc. v. Info Tech Corporation, case no. 37-20...
2020.10.08 Demurrer 608
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.08
Excerpt: ...ncouraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On May 15, 2020, Plaintiff Jeanette Carmona filed a Complaint against Defendants University of California, UC Los Angeles, UCLA Faculty Practice Group, the Regents of the University of California, Ronald Reagan UCLA Medical Center, UCLA Hospital, UCLA Health, and Does 1-20, stating claims under FEHA for discrimination, retaliation, failure t...
2020.10.07 Motion for Protective Order 152
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.07
Excerpt: ...SC Model Protective Order within 20 days of this Order. 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 purchased a 2014 Kia Optima (the “Vehicle”) from an authorized dealership of Defendant Kia Motors America, Inc. (“KMA”). On May 31, 2018, Varg...
2020.10.07 Demurrer 593
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.07
Excerpt: ...the work was not subject to licensing requirements, and has not shown the SAC could be further amended. All other matters are now taken off calendar. Defendants 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. BACKGROUND On July 31, 2019, Plaintiff Ajmal Mumtaz filed a Complaint against Defendants Deeba Khan and Muhammad Khan, stating claims for breach...
2020.10.06 Motion to Compel Inspection 228
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.06
Excerpt: ...ails in her iCloud account within 30 days of this Order based on Frazier's counsel's review of the iCloud communications. Thereafter, the parties shall meet and confer regarding BRG's role in reviewing the emails, if necessary, to ensure return of confidential documents to Bank. The remainder of the Motion to Compel is CONTINUED to November 18, 2020 at 1:30 p.m. Frazier and Bank each shall file a supplemental statement not exceeding 10 pages at l...
2020.10.06 Demurrer, Motion to Strike 962
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.06
Excerpt: ...re: stay or dismissal for October 27, 2020 at 8:30 a.m., concurrent with the continued motions. Plaintiff shall file a response to the OSC at least ten days before the hearing. Defendant shall file a reply, if necessary, at least five days before the hearing. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person. BACKGROUND On May 17, 2017, Plaintiff Dan Ma ...
2020.10.06 Demurrer, Motion to Strike 019
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.06
Excerpt: ...inducement by concealment. Nissan's Motion to Strike the prayer for punitive damages and paragraph 70 of the Complaint is GRANTED WITH LEAVE TO AMEND. Plaintiff shall file a First Amended Complaint within 20 days of this Order. Nissan 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 5, 2018, Blanca Car...
2020.10.01 Motion to Vacate Default, Quash Service of Summons, Compel Responses, OSC Re Striking 251
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.01
Excerpt: ...cate); N/A (compel) Notice: OK Ruling: The Motion to Vacate Default and Quash Service of Summons is DENIED. The OSC re: striking the cross‐complaint and answer is GRANTED. Ajegbo's cross‐complaint and answer filed April 27, 2020 and May 6, 2020 are stricken. The Demurrer to the Cross‐Complaint is taken off calendar as moot. The Motion to Compel Responses is taken off calendar as moot. The People to give notice. If the parties do not submit ...
2020.10.01 Motion for Summary Judgment 020
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.10.01
Excerpt: ...now been resolved in Plaintiff's favor. Plaintiff to give notice. Further, Plaintiff shall submit a proposed judgment within 20 days of this Order. 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 June 6, 2019, Plaintiff State Compensation Insurance Fund filed a Complaint against Defendants NH Environmental, Inc. (“NH...
2020.09.30 Motion to Disqualify Counsel, to Quash Deposition Subpoena 104
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.30
Excerpt: ...unsel is DENIED. The Motion to Quash Deposition Subpoena is DENIED. HJC 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 April 6, 2018, TNIS Systems Inc. filed a complaint against Defendants PrimeCom USA, Inc., HJ Communication, LLC (“HJC”), and Does 1 through 20 for breach of contract – service agreem...
2020.09.30 Motion to Compel Compliance with Deposition 574
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.30
Excerpt: ...on most qualified. VW's person most qualified shall attend the deposition noticed for September 8, 2020 if possible, but in any event no later than October 8, 2020. The Court GRANTS Plaintiffs' Motion to Compel Production of Documents specified in the original deposition notice. The Court OVERRULES VW's invalid objections to the original deposition notice. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly enc...
2020.09.21 Motion for Attorney's Fees 711
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.21
Excerpt: ...and costs of $2,348.12. Stewart 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 November 13, 2019, Stewart and FCA settled this action. On May 28, 2020, Stewart filed a Motion for Attorney's Fees as the prevailing party. On September 8, 2020, FCA filed an Opposition On September 14, 2020, Stewart filed a Repl...
2020.09.16 Motion to Vacate or Reconsider Scheduling of Trial Setting Conference 873
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.16
Excerpt: ...uling a trial setting conference, as well as the motion of defendant John Torres (“Torres”) to reconsider that order, the combined Opposition of Plaintiffs to those motions, filed September 2, 2020, as well as the Reply brief of JP Morgan, filed September 9, 2020. Initially, the Court recognizes that prior to the re-assignment of this case to this Department, on May 14, 2019, Judge John Doyle granted a motion of Defendants to compel arbitrati...
2020.09.15 Motion to Compel Arbitration 297
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.15
Excerpt: .... If the parties do not submit on the tentative, counsel are strongly encouraged to appear by LA Court Connect rather than in person in view of COVID-19. BACKGROUND On May 13, 2020, Plaintiff Karen Pineda filed a Complaint against Defendants Novaria Holdings, LLC, Pablo Guzman, and unnamed Does. Plaintiff stated causes of action for tortious termination in violation of public policy, sex and/or gender harassment, retaliation for complaints of sex...
2020.09.15 Motion for Leave to File Amended Complaint 495
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.15
Excerpt: ...ROUND On April 19, 2019, Plaintiff Blanca Portillo filed a Second Amended Complaint (the “SAC” and the operative complaint) against Defendants Azusa Pacific University (“APU”), Ryan Bailey, Marta Serrato, and Does, stating claims for harassment, discrimination, and retaliation based on actual or perceived disability, failure to accommodate and failure to engage in a good faith interactive process, assault, and unsafe workplace violations ...
2020.09.14 Motion for Leave to File Complaint 047
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.14
Excerpt: ...is Order. Rowland to give notice. If the parties do not submit on the tentative, counsel are strongly encouraged to appear by LA Court Connect rather than in person in view of COVID-19. BACKGROUND On August 16, 2018, Plaintiff Jane Doe J.C. filed a Complaint against Defendants Rowland Unified School District (“Rowland”), Jose Cruz Martinez, and unnamed Does stating causes of action for negligent supervision of students; negligent hiring, supe...
2020.09.10 Application to Proceed Under Fictitious Names, to Seal Certificates of Merit and Joint Application 299
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.10
Excerpt: ...rit and Joint Application is GRANTED. The Joint Application to Proceed Under Fictitious Names is GRANTED. The Court finds reasonable and meritorious cause to permit Plaintiffs to serve the Complaint on Defendants. Plaintiffs shall serve the Complaint on Defendants within 45 days of this Order. Plaintiffs to give notice. BACKGROUND On February 11, 2020, Plaintiffs filed conditionally under seal several certificates of merit under CCP sec. 340.1(f)...
2020.09.09 Motion to Compel Arbitration 159
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.09
Excerpt: ...o give notice. If the parties do not submit on the tentative, counsel are strongly encouraged to appear by LA Court Connect rather than in person in view of COVID-19. BACKGROUND On March 23, 2020, Plaintiff Lawrence Eugene Py filed a Complaint against Defendants Lithia Motors, Inc. (“Lithia”), Lithia Chrysler Jeep Dodge Ram of Concord #273, Bryan Deboer, Tom Naso, and unnamed Does. Plaintiff stated causes of action for age and disability disc...
2020.09.09 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.09
Excerpt: ...ADWP's Motion to Strike is GRANTED as to paragraphs 55.a, 55.c, 55.d, 74, and 75. The Motion is DENIED as to paragraphs 49 and 50. Galdamez's Demurrer is OVERRULED. LADWP 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 11, 2019, Plaintiff Thomas Gonzales (“Gonzales”) filed a First Amended Compla...
2020.09.08 Motion for Default Judgment 780
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.08
Excerpt: ...ns, LLC (“WEO”) filed a Complaint against Defendants LA Plaza Shop, Inc. and Does 1-10, stating a single claim for open book account arising out of WEO's provision of unspecified goods and services for Defendants. WEO seeks damages of $38,356.67, interest at 10% per annum, and costs. On August 17, 2020, WEO filed a default judgment package seeking judgment against LA Plaza Shop for $42,042.18 consisting of a $38,356.67 principal, $3,373.71 in...
2020.09.03 Motion to Vacate 830
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.09.03
Excerpt: ...rson in view of the COVID-19 pandemic. BACKGROUND On July 15, 2019, Plaintiff Junmo Shi filed a Complaint against Defendant Xiuying Wang, stating causes of action for breach of contract and conversion. Shi sought $200,000 in damages plus interest and attorney's fees. On July 26, 2019, Shi filed a Proof of Personal Service of the Complaint. Shi personally served Wang at her Granada Hills address On September 18, 2019, Shi filed a First Amended Com...
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 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...
2020.08.31 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...
2020.08.27 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...
2020.07.27 Demurrer, Motion to Strike 226
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.27
Excerpt: ...laintiffs shall file a First Amended Complaint within 20 days of this Order. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect. BACKGROUND On April 13, 2019, Plaintiffs Alicia Nix and Marisa Nix purchased a 2018 Nissan Sentra. Plaintiffs thereafter experienced issues with the vehicle's CVT transmission and gear shift. On March 6, 2020, Plaintiffs filed a Complaint agai...
2020.07.27 Demurrer, Motion to Compel Responses 601
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.27
Excerpt: ...rred on the facts alleged. The Motion to Compel is DENIED WITHOUT PREJUDICE AS MOOT. Plaintiff's Motion for Relief from Waiver is TAKEN OFF CALENDAR AS MOOT. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect. BACKGROUND On March 3, 2003, Plaintiff purchased the Vehicle which is the subject of this action. Between March 3, 2003 and September 1, 2016, Plaintiff took the ...
2020.07.24 Motion for Summary Judgment 670
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.24
Excerpt: ...er than in person in view of the COVID-19 state of emergency. BACKGROUND On February 1, 2017, Defendants CHS34 Productions and Consortium, Inc. entered into a Production Design Agreement (“PDA”) providing that Anton Goss, the President and owner of Consortium and a set designer, would provide set design for CHS34 for a TV show called Love Connection. The PDA provides CHS34 “all final creative controls and the right to approve the Materials ...
2020.07.21 Demurrer 444
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.21
Excerpt: ...fs' prayer for fees and public injunctive relief. The motion is GRANTED WITH PREJUDICE as to the prayer for monetary damages on Plaintiffs' UCL claim. The motion is DENIED as to Plaintiffs' prayer for punitive damages. Plaintiffs shall file a Third Amended Complaint within 20 days of this Order. Plaintiffs to give notice. BACKGROUND On August 22, 2019, Plaintiffs Jeffrey Sapp and Renae Sapp (“Plaintiffs”) filed a First Amended Complaint (“F...
2020.07.17 Motion to Quash 495
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.17
Excerpt: ...ays of this Order. APU to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On April 19, 2019, Plaintiff Blanca Portillo filed a Second Amended Complaint (the operative complaint) against Defendants Azusa Pacific University (“APU”), Ryan Bailey, Marta Serrato, and Does, stating claims for harassment, discrimi...
2020.07.17 Motion to Expunge Lis Pendens 001
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.17
Excerpt: ...emental briefing on (1) whether this case and case no. BC661351 should be deemed related, (2) the status of ATI's wind up and whether ATI may litigate during the wind up, and (3) the extent of a 50% shareholder's authority to act independently in the name of the corporation in litigation. ATI to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-1...
2020.07.17 Demurrer 270
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.17
Excerpt: ...Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On March 12, 2019, Plaintiff Linda Fisher, an employee at the Parks and Recreation Department of the City of Los Angeles, filed a sexual orientation harassment complaint with Defendant City of Los Angeles's Equal Employment Opportunity (EEO) office. O...
2020.07.14 Motion to Compel Compliance with Deposition Subpoenas 862
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.14
Excerpt: ...e is GRANTED as to Plaintiff's requests for the documents identified in the Reply Declaration of John L. Hosack, paragraph 3. CTC and CTIC are ordered to respond, without objection, as to each identified document by either producing the document or stating that it is not within their possession, custody, or control. The Motion to Compel Compliance is GRANTED as to Plaintiff's request for CTC and CTIC to designate a person most qualified to testif...
2020.07.13 Motion to Quash Deposition Subpoenas 381
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.13
Excerpt: ...Amend Judgment and Motions to Quash are CONTINUED to December 3, 2020 at 8:30 a.m. in Dept. 20 pending the status of Kim's appeal. Larson to give notice. BACKGROUND On April 26, 2011, Plaintiff Sandoval filed a Complaint against Law Offices of Kim stating claims for pregnancy discrimination arising out of her employment at the Law Offices. Nominal defendant Moon Ki Kim practiced law through the Law Offices of Kim until 2013. On April 18, 2013, fo...
2020.07.13 Demurrer, Motion to Strike 243
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.13
Excerpt: ...ithin 20 days of this Order. Nissan to give notice. BACKGROUND On November 1, 2019, Plaintiff Gabriel Romero filed a Complaint against Defendant Nissan North America, Inc. stating three claims for violations of the Song-Beverly Act and one claim for fraudulent inducement by concealment. Plaintiff's claims arise out of the purchase of an allegedly defective used Nissan Sentra from a Honda dealership. On December 3, 2019, Nissan filed a demurrer an...
2020.07.10 Demurrer, Motion to Strike 767
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.10
Excerpt: ...r. Plaintiff to give notice. BACKGROUND On January 14, 2020, Plaintiff EPX Elite Performance, LLC filed a Complaint against Defendants Bryan Green, Harut Tovmasyan, and Joshua Engle stating claims for breach of contract, intentional interference with contractual relations and prospective advantage, conversion and civil theft, breach of fiduciary duty, and unlawful business practices. Plaintiff's claims arose out of Plaintiff's operation of a gym ...
2020.07.08 Demurrer 449
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.08
Excerpt: ...ober 2016, Plaintiff Cesar E. Echeverria (“Plaintiff”) was represented by Defendant Scott L. Whitman (“Defendant”) in Fred Shaham, et al. vs. Cesar Echeverria (case no. BC536220, the underlying action), a landlord-tenant dispute pertaining to a commercial medical building owned by Plaintiff. On May 2, 2018, Plaintiff filed a disciplinary complaint with the State Bar of California against Defendant for negligent conduct and excessive fees....
2020.07.06 Demurrer, Motion to Strike 962
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.06
Excerpt: ...e notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person. BACKGROUND On December 11, 2018, Plaintiff Dan Ma filed her original Complaint against Defendant Vista Del Mar Child and Family Services, Inc. On April 3, 2019, Plaintiff filed her First Amended Complaint (“FAC”). On October 22, 2019, Plaintiff's previous counsel substituted out of the action after submitting a decl...
2020.07.06 Demurrer 593
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.06
Excerpt: ...equirements. The Demurrer is OVERRULED as to Defendants' arguments that Plaintiff failed to plead facts sufficient to state claims. Plaintiff is granted leave to amend and file a Second Amended Complaint within 20 days of this Order. Defendants to give notice. BACKGROUND On July 31, 2019, Plaintiff Ajmal Mumtaz filed a Complaint against Defendants Deeba Khan and Muhammad Khan, stating claims for breach of contract, breach of the implied covenant ...
2020.07.01 Demurrer, Motion to Strike 060
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.01
Excerpt: ...ction for intentional infliction of emotional distress. SVS's Motion to Strike is GRANTED IN FULL WITH LEAVE TO AMEND. Meza's third cause of action for negligence against SVS is DISMISSED without prejudice. ELARC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third cause of action for negligence. Meza is given 15 days leave to amend and file a First Amended Complaint. SVS to give notice. If counsel do not submit on the tentative, they are ...
2020.07.01 Motion for Leave to File Amended Complaint 194
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.01
Excerpt: ... not at issue in this action. The Motion is CONTINUED as to Barnes' new allegations regarding Luke's specific misrepresentations before close of escrow regarding properties 6457 and 6459. The Court sets an OSC re: why the Court should not grant Barnes leave to file a TAC for July 16, 2020 at 8:30 am. The parties are ordered to informally meet and confer to determine whether they can stipulate to the filing of a TAC without further involvement of ...
2020.07.01 Motion for Sanctions, for Attorney Fees, to Tax Costs 803
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.07.01
Excerpt: ...Fees is CONTINUED to January 6, 2021 at 8:30 am. Zhou's Motion to Tax Costs is GRANTED IN PART as to Martel's legal research costs. The remainder of the motion is DENIED as to Martel's filing fees, gas, and parking costs. Plaintiff to give notice. BACKGROUND On April 23, 2018, Plaintiff Tracey Zhou and Defendant William Martel, Jr. entered into a Purchase Agreement for a condo. The agreement provided for arbitration and provided that the prevaili...
2020.06.30 Motion to Enter Judgment 520
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.30
Excerpt: ...ed wage statements, failure to permit inspection of personnel and payroll records, waiting time penalties, and unfair competition under the California Business and Professions Code. On September 26, 2018, Plaintiff amended her complaint to substitute Doe 1 for Ana Maria Leyva. The Parties reached a settlement on July 8, 2019. The parties stipulated to settlement on the record before this Court. The Court retained jurisdiction pursuant to CCP sect...
2020.06.30 Motion for Summary Judgment, Adjudication 423
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.30
Excerpt: ...contract and declaratory relief cross-claims is GRANTED. Moving party to give notice. BACKGROUND In March 2018, Cenegenics, LLC and Triton Pacific Capital Partners, LLC entered into a Confidentiality Agreement to protect the details of the potential acquisition. On April 4, 2018, Triton submitted to Cenegenics' financial advisor a non-binding Indication of Intent (“April IOI”) to acquire Cenegenics. The April IOI provided its acquisition woul...
2020.06.25 Demurrer 254
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.25
Excerpt: ...th cause of action for violation of the California Family Rights Act. Iweze's Notice of Voluntary Dismissal filed December 11, 2019 is STRICKEN. Iweze is granted 15 days leave to amend and file a Second Amended Complaint. Moving party to give notice. BACKGROUND In February 2007, Defendant Woodward HRT, Inc. (“Woodward”) hired Plaintiff John Iweze (“Iweze”) as an assembler and tester of auto brakes and actuators. In December 2014, Iweze be...
2020.06.24 Motion to Compel Arbitration 929
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.24
Excerpt: .... The Court sets a status conference re: the status of arbitration for December 21, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on December 21, 2020. Moving party to give notice. BACKGROUND On March 29, 2009, Plaintiff C. Thomas Vangsness, M.D. (“Vangsness”) signed an Agreement to Arbitrate Claims (the “2009 Agreement”) with Defendant University of Southern California (“USC”) related to his emplo...
2020.06.23 Demurrer, Motion to Strike 444
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.23
Excerpt: ...at 8:30 am in Dept. 20. Both parties shall concurrently submit supplemental briefing on whether the CDA bars claims based on misrepresentations in the product listing by March 30, 2020. Amazon's Motion to Strike is CONTINUED to April 6, 2020. Moving party to give notice. AMA's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the seventh and eighth causes of action. AMA's Motion to Strike is MOOT. Plaintiffs are given 30 days leave to amend and fil...
2020.06.23 Demurrer, Motion to Strike 276
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.23
Excerpt: ...ED WITH LEAVE TO AMEND as to Plaintiff's prayer for punitive damages. The Demurrer is OVERRULED as to Defendant's statute of limitations argument. Plaintiff to file a Third Amended Complaint within 20 days of this Order. Moving party to give notice. BACKGROUND On March 25, 2013, Plaintiff Jorge Perez leased the Subject Vehicle, which is manufactured by Defendant Kia Motors America, Inc. (“KMA”). On November 11, 2015, Plaintiff purchased the S...
2020.06.22 Motion to Compel Arbitration and Trial Preference 273
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.06.22
Excerpt: ...RANTED. Trial is (tentatively) set for October 22, 2020. Defendants are hereby authorized to reserve a hearing for a summary judgment motion set for one week before trial. Plaintiff to give notice. BACKGROUND On January 29, 2016, Plaintiff Eduardo Menezes, Sr. (“Plaintiff”), now 82 years old, executed a durable power of attorney for health care decisions (the “AHCD”) naming his daughter Jiumara Menezes (“Jiumara”) as his agent. The AH...
2020.05.04 Motion in Limine 604
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.05.04
Excerpt: ...efore the undersigned. Lamb & Kawakami, by Michael K. Slattery, appeared on behalf of the County. Wade E. Norwood appeared on behalf of plaintiff Paramount Pictures Corporation (“Paramount”). INTRODUCTION This case involves a very significant difference in views concerning the valuation of personal property and fixtures at the Paramount lot for ad valorem tax purposes. Paramount contends based on an income valuation the value of the personal ...
2020.04.21 Motion to Compel Arbitration 929
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.04.21
Excerpt: .... The Court sets a status conference re: the status of arbitration for October 21, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on October 21, 2020. Moving party to give notice. BACKGROUND On March 29, 2009, Plaintiff C. Thomas Vangsness, M.D. (“Vangsness”) signed an Agreement to Arbitrate Claims (the “2009 Agreement”) with Defendant University of Southern California (“USC”) related to his employm...
2020.04.20 Request for Sanctions 334
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.04.20
Excerpt: ...ry process. Moving party to give notice. BACKGROUND On July 3, 2017, Plaintiff Mahmed Mohamud (“Mohamud”), a truck driver, was engaged to transport cargo allegedly loaded onto the truck by Defendants J.B. Hunt Transport, Inc. (“Hunt”), J.B. Hunt Intermodal, and Prime Wheel Corporation. The cargo allegedly shifted while Mohamud was driving, causing the truck to tip over and crash, injuring Mohamud. On October 11, 2018, Mohamud filed a Comp...
2020.03.19 Motion to Stay Proceedings 673
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.19
Excerpt: ... status conference for June 18, 2020 at 8:30 AM in Dept. 20 re: the District Court of Arizona's ruling on the petition to compel arbitration. Moving party to give notice. All parties shall appear by court call if they do not submit on the tentative. The parties should not attend in person. If all parties do not agree to argue by Court Call, the hearing will need to be continued for 30 days in view of the Governor's emergency directives related to...
2020.03.18 Demurrer, Motion to Strike 060
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.18
Excerpt: ...f action for intentional infliction of emotional distress. SVS's Motion to Strike is GRANTED IN FULL WITH LEAVE TO AMEND. Meza's third cause of action for negligence against SVS is DISMISSED without prejudice. ELARC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third cause of action for negligence. Meza is given 15 days leave to amend and file a Third Amended Complaint. Moving parties to give notice. All parties shall appear by court call...
2020.03.17 Motion to Seal 310
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.17
Excerpt: ...ffected. The Court has reviewed the motion. There was no opposition filed. The Court denies the motion for the following reasons: 1. The two settlement agreements do not contain any trade secrets or proprietary information warranting sealing. The Court was not persuaded by the argument related to moving parties being put in any potential tactical disadvantage by reason of the disclosure of these agreements. 2. The two agreements do not contain sp...
2020.03.16 Demurrer 403
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.16
Excerpt: ... SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action. Plaintiff is granted 20 days leave to amend and file a First Amended Complaint. Moving party to give notice. BACKGROUND On October 23, 2017, Plaintiff Mina Suh (“Suh”) entered into a business investment contract (the “Contract”) with Chef Kang Atelier Catering Company (“CKA”) for a lease and purchase of a food truck from Jessica Benson (“Benson”), who is not a part...
2020.03.13 Motion for Summary Adjudication 152
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.13
Excerpt: ...ndant Raj Saini. Plaintiff's Motion is DENIED WITHOUT PREJUDICE as to the first, second, and third causes of action against Defendant 2-Way Wireless, Inc. The Court sets an OSC re: default judgment for May 13, 2020 at 8:30 am in Dept. 20. in this Department. Plaintiff is ordered to file a default judgment package in compliance with CRC Rule 3.300 and CCP § 585 et seq. within 15 days of this ruling. Moving party to give notice. BACKGROUND On Augu...
2020.03.12 Demurrer, Motion to Strike 785
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.12
Excerpt: ... AMEND. Plaintiffs are granted 15 days leave to amend file a Third Amended Complaint. Moving party to give notice. BACKGROUND On May 14, 2019, Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez (“Plaintiffs”) filed a Complaint against Defendants FCA US LLC and Ellis Family Stores (“Defendants”). On August 14, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). On October 10, 2019, Defendants filed a Demurrer to the FA...
2020.03.12 Demurrer, Motion to Strike 104
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.12
Excerpt: ...nsolidation for May 6, 2020 at 8:30 am in Dept. 20, concurrent with the Final Status Conference. Moving party to give notice. BACKGROUND On April 6, 2018, TNIS Systems, Inc. (“TNIS”) filed a complaint against HJ Communication, LLC and HJA PNA, Inc., initiating case BC701011 (the “First Action”). On May 29, 2018, HJ Communication, LLC. filed a cross-complaint against TNIS and Kim. On September 17, 2019, Kim filed the Complaint against Defe...
2020.03.11 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.11
Excerpt: ...ND as to the fourth cause of action. LADWP's Demurrer is OVERRULED as to the first, second, and third causes of action. LADWP's Motion to Strike is GRANTED. Gonzales is granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On October 11, 2019, Plaintiff Thomas Gonzales (“Gonzales”) filed a First Amended Complaint against Defendant Los Angeles Department of Water and Power (“LADWP”...
2020.03.11 Demurrer 580
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.11
Excerpt: ...spondent re: Demurrer to Cross‐ Complaint) Notice: OK Ruling: Defendants' Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the first, third, and fourth causes of action. Defendants' Demurrer is OVERRULED as to the second and fifth causes of action. Plaintiffs are granted 15 days leave to amend and then file a First Amended Complaint. Moving party to give notice. Plaintiffs' Demurrer to the Cross‐Complaint is SUSTAINED WITH LEA...
2020.03.10 Motion to Quash Deposition Subpoena 776
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.10
Excerpt: ...o's right to oppose the deposition subpoena. CLM's request for monetary sanctions is GRANTED in the total amount of $800.00 payable to CLM within 30 days of this order by Blended's counsel, LPL Lawyers. Moving party to give notice. BACKGROUND On January 18, 2019, Plaintiff Blended Clothing, Inc. (“Blended”) issued a written purchase order to Defendant CLM California Design Co. (“CLM”) for printing services on fabric provided by Blended. F...
2020.03.09 Demurrer, Motion to Strike 152
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.09
Excerpt: ...or fraudulent inducement by intentional misrepresentations. Defendant's Demurrer is OVERRULED as to all other claims. Defendant's Motion to Strike is DENIED. Plaintiffs are granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On October 20, 2013, Judith Vargas and Cecilia Ramirez (“Plaintiffs”) purchased a 2014 Kia Optima (the “Vehicle”) from an authorized dealership of Defendant...
2020.03.09 Demurrer, Motion to Strike 018
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.09
Excerpt: ...dants CCAP Auto Lease LTD and Champion Dodge, LLC. Defendants' Demurrer is OVERRULED as to Ochoa's claims against FCA US LLC. Defendants' Motion to Strike is DENIED. Ochoa is granted 15 days leave to amend and then file a Third Amended Complaint. Moving party to give notice. BACKGROUND On April 24, 2018, Plaintiff Felix Israel Ochoa (“Ochoa”) leased a 2018 Jeep Wrangler from Defendant Champion Dodge, LLC. Defendant FCA US LLC is the manufactu...
2020.03.06 Motion to Compel Arbitration 332
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.06
Excerpt: ... impartial arbitrator of the AAA. All matters in this case are now STAYED pending arbitration. The Court sets a status conference re: the status of arbitration for September 10, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on September 1, 2020. Moving party to give notice. BACKGROUND On September 6, 2017, Plaintiff Soheil Davood (“Davood”) applied for a job with Defendant Westlake Services, LLC (“Westla...
2020.03.06 Demurrer 695
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.06
Excerpt: ...AVE TO AMEND as to causes of action one through five. Smithway shall file an Answer to the remainder of the Cross- Complaint within 15 days of this order. GCC shall file a Motion for Leave before filing an amended cross-complaint. The Demurrer is OVERRULED as to the sixth cause of action for declaratory relief. GCC's First Amended Cross-Complaint is STRICKEN as untimely, without prejudice to GCC filing a Motion for Leave to File the First Amended...
2020.03.05 Motion to Compel Arbitration 632
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.03.05
Excerpt: ...ndant MOR Financial Services, Inc. hired Plaintiff Rosalba Bonilla as an office administrator. On February 4, 2019, Plaintiff slipped and fell while working, injuring her wrist. Plaintiff filed a worker's compensation claim and was placed on medical leave from February 5 to February 7, 2019. On March 11, 2019, Plaintiff was again placed on medical leave when her injury worsened. On April 30, 2019, Plaintiff returned to work. Thereafter, Plaintiff...
2020.02.28 Motion to File Under Seal, to Set Aside Notice of Settlement 815
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.28
Excerpt: ... 27, 2020. Defendant's records conditionally lodged under seal must be refiled under temporary seal—pending the March 27, 2020 hearing—within 15 days of this Ruling, Plaintiff's attempted Motion to Set Aside Notice of Settlement is VOID. Plaintiff's supporting filings and Defendant's Opposition and supporting filings are VOID. Moving party to give notice. BACKGROUND On October 29, 2018, Plaintiff Scott Ora filed a Complaint against Defendants...
2020.02.28 Motion to Compel Responses, Deem RFAs Admitted 274
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.28
Excerpt: .... Defendant is ordered to serve responses to Plaintiff's First Set of Special Interrogatories within 30 (thirty) days of this Ruling. Plaintiff's request for monetary sanctions is DENIED. Plaintiff's Motion to Deem First Set of Requests for Admission Admitted is GRANTED. Plaintiff's request for monetary sanctions against Defendant is GRANTED in the amount of $683.30. Defendant Joel Chun is ordered to pay $683.30 to the Law Offices of Nico N. Tabi...
2020.02.27 Motion to Compel Arbitration, for Joinder 653
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.27
Excerpt: ...rder of Joinder is DENIED. VRX is ordered to bear all Daher's arbitration fees and costs, including arbitrators' fees, in the arbitration of Daher's FEHA claims pursuant to this Order. All matters in this case are now STAYED pending arbitration. Moving party to give notice. BACKGROUND On September 14, 2018, Plaintiff Iyad Daher (“Daher”) entered into an Employment Agreement (the “Agreement”) with Defendant VRX Labs. The Agreement contains...
2020.02.26 Demurrer, Motion to Strike 962
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.26
Excerpt: ...re ordered to meet and confer further regarding whether the proposed Third Amended Complaint would remedy the defects of the SAC identified in the Demurrer and whether the parties will stipulate to the filing of the TAC. If the parties are able to fully resolve the dispute, the Court will take the Demurrer and Motion to Strike off calendar. If the parties are unable to resolve part or all of the dispute, the Court will hear the dispute remaining ...
2020.02.26 Demurrer, Motion to Strike 929
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.26
Excerpt: ... TO AMEND. Defendants' Motion to Strike is GRANTED as to Page 8, Lines 3‐5 and 22 of the FAC. Plaintiffs are given 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On January 10, 2017, Lisa Ramirez (“Decedent”) was murdered by Michael Rogers, the boyfriend of tenant Jennifer Tallent, in Tallent's rented unit at the Flower Street Lofts apartment/condo complex owned by Defendant Flower S...
2020.02.25 Motion to Strike or Quash Doe Amendments, to Stay Proceedings 736
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.25
Excerpt: ...g Party: Plaintiffs William S. Nye, James KcKenna, Erren Gottlieb, Ablesoft, Inc., and Cascade Public Media Notice: OK Ruling: Both of Defendants' Motions to Strike and/or Quash Doe Amendments are GRANTED. Plaintiffs are not thereby precluded from seeking leave to amend under CCP §§ 472‐473. Moving party to give notice. BACKGROUND On August 23, 2017, Plaintiff William S. Nye sued Defendants The Walt Disney Company (“TWDC”), Touchstone Tel...
2020.02.25 Motion for Reclassification 649
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.25
Excerpt: ...otice. ANALYSIS The court may order a case reclassified as a limited civil case upon finding to a “legal certainty” that a judgment over $25,000 cannot be obtained. (CCP §§ 403.040(a), 86(a)(1); Walker v. Superior Court (1991) 53 Cal.3d 257, 269 (reclassification proper when “lack of jurisdiction is clear,” a sufficient verdict is “virtually unattainable,” or such a verdict “simply could not be obtained”); Ytuarte v. Superior Co...
2020.02.24 Motion for Leave to File Complaint 647
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.24
Excerpt: ...r separate cover within 10 days of this ruling. The Court now sets a hearing re: service of the cross- complaint for June 4, 2020 at 8:30 a.m. in Department 20. Moving party to give notice. ANALYSIS Defendant Justin Gimelstob seeks leave to file a cross-complaint under CCP § 428.10(b) and 428.50(c) on the grounds that (1) the proposed cross-complaint states related causes of action arising out of the same “transaction, occurrence, or series of...
2020.02.24 Motion for Leave to File Complaint 411
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.24
Excerpt: ...D. Defendants are ordered to file the proposed Cross‐Complaint under separate cover within 10 days of this ruling. The Court now sets a hearing re: service of the cross‐complaint for June 4, 2020 at 8:30 a.m. in Department 20. Moving party to give notice. ANALYSIS Defendants Edward Lopez and Musclewood Property Investment, LLC seek leave to file a cross- complaint under CCP sec. 426.50 on the grounds that the proposed cross-complaint states r...
2020.02.24 Demurrer, Motion to Strike 662
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.24
Excerpt: ...ent Inducement— Concealment. Defendant's Motion to Strike is GRANTED as to Paragraph 6 of Plaintiff's Prayer for Relief. Plaintiff is granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. 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,...
2020.02.21 Motion for Summary Judgment 469
Location: Los Angeles
Judge: Cowan, David J
Hearing Date: 2020.02.21
Excerpt: ...y to give notice. BACKGROUND On June 8, 2010, FPI Management, Inc. (“FPI”) and Village at Broad Street Family Housing LP (“Village”) entered into a Management Agreement for FPI to provide management services for an apartment complex owned by Village. In 2014, Truck Insurance Exchange (“Truck”) issued an insurance policy to FPI which was effective from July 1, 2014 to July 1, 2015. In 2015, Truck renewed its policy for FPI, now effecti...

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