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2024.03.29 Motion to Compel Deposition of PMQ 639
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.29
Excerpt: ... alleged substandard conditions at the commercial property Plaintiffs leased from Defendant. Defendant has filed a motion to compel Plaintiffs' deposition attendance and document production, and requests monetary sanctions, contending that Defendant met and conferred with Plaintiffs about deposition dates, but Plaintiffs failed to attend. Plaintif fs oppose the motion and request monetary sanctions, arguing that informal discovery efforts and mee...
2024.03.29 Motion for Summary Judgment, Adjudication 937
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.29
Excerpt: ...on. Plaintiff alleges that in February 2021 she sent Defendants a demand letter stating her intent to sue Defendants for employment discrimination. (Compl., ¶ 11.) Shortly after receiving the demand letter, Defendants filed a lawsuit against Plaintiff alleging claims for defamation, intentional interference with contractual relations, intentional interference with prospective economic relations, unfair competition, breach of contract, and breach...
2024.03.28 Motion to Compel Discovery, for Monetary Sanctions 867
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.28
Excerpt: ...fraudulently induced Plaintiff to make a loan on a real property investment and they failed to pay back a loan secured by a Gulfstream corporate jet. Plaintiff brings two motions to compel Defendant Niami's deposition attendance and response to document requests. The motions have different reservation numbers but otherwise appear to be duplicative of one another. The Court will refer to Plaintiff's filing as a motion (singular) for purposes of th...
2024.03.28 Motion to Compel Arbitration 810
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.28
Excerpt: ...laintiff and wrongfully terminated Plaintiff's employment, because of Plaintiff's cancer-related disability and/or medical condition. Defendants have filed a motion to compel arbitration. The Court had previously continued this motion for Plaintiff to have the opportunity to obtain discovery. Plaintiff filed no opposing memorandum to the motion to compel arbitration but did file evidentiary objections to two declarations. LEGAL STANDARD A party s...
2024.03.25 Motion to Continue Trial 832
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.25
Excerpt: ...lated dates. Plaintiff opposes the motion. LEGAL STANDARD Continuances of trial are disfavored and may be granted only on an affirmative showing of good cause. Cal Rules of Ct 3.1332(c). Circumstances that may show good cause include the substitution of trial counsel if there is an affirmative showing that the su bstitution is required in the interests of justice, or a party's excused inability to obtain essential discovery. Cal Rules of Ct 3.133...
2024.03.21 Motions to Set Aside Default, to Vacate Default 973
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.21
Excerpt: ...) , and Roof Supply G&F San Diego (“Defendant Roof Supply”) related to a roof construction project. Defendant Roof Supply filed a First Amended Cross-Complaint (“FACC”) against some of the Plaintiffs as well as Defendants Altura and Garcia. Defendant Garcia has filed a motion to set aside entry of default. Plaintiffs have not opposed the motion. Separately, Defendant Roof Supply has filed a motion to set aside entry of default, which incl...
2024.03.18 Demurrer 876
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.18
Excerpt: ...; 5. Harassment In Violation Of Gov't Code §§ 12940 Et Seq.; 6. Retaliation In Violation Of Gov't Code §§ 12940 Et Seq.; 7. Failure To Prevent Discrimination, Harassment, And Retaliation In Violation Of Gov't Code § 12940(K); 8. Violation Of The Ralph Civil Rights Act (Civil Code § 51.7); 9. Violation Of The Tom Bane Civil Rights Act (Civil Code § 52.1); 10. Retaliation (Lab. Code §§ 232.5, 1102.5 And 1102.6); 11. Wrongful Termination In...
2024.03.15 Demurrer, Motion to Strike 007
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.15
Excerpt: ... from working with defendants' products containing crystalline silica. The causes of action are: 1) Negligence; 2) Strict Liability – Warning Defect; 3) Strict Liability – Design Defect; 4) Fraudulent Concealment; 5) Breach of Implied Warranties; and 6) Loss of Consortium. This tentative ruling addresses motions filed by two of the defendants. First, Defendant CAESARSTONE USA, INC. (“Caesarstone”) demurrers to each claim of the Complaint ...
2024.03.14 Demurrer, Motion to Strike 253
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.14
Excerpt: ...wful Business Practices (Bus. & Prof. Code 17200 et. seq.); 2. Failure to Pay Minimum Wage; 3. Failure to Provide Meal Breaks; 4. Failure to Provide Rest Periods; 5. Labor Code Section 203 Wages; 6. Labor Code 226 Damages; and 7. Wrongful Termination in Violation of Public Policy. Defendants demur to the FAC and move to strike allegations regarding appointment of a receiver. Plaintiffs oppose as addressed below. LEGAL STANDARD Demurrers are to be...
2024.03.14 Demurrer 785
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.14
Excerpt: ...nvey three parcels of land to Plaintiff in violation of a written settlement agreement between the parties. Plaintiff's First Amended Complaint (“FAC”), filed on 8/28/2023, alleges claims against Defendant for: (1) Breach of Contract/Specific Performance of Contract; (2) Quiet Title; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Declaratory Relief; (5) Nuisance; and (6) Negligent Interference with a Prospective Econom...
2024.03.12 Motion to Compel Deposition, for Sanctions 114
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.12
Excerpt: ...anctions. Plaintiff opposes the motion and seeks sanctions. LEGAL STANDARD Section 2025.450(a) provides that after service of a deposition notice, if a party fails to appear without service of a valid objection, the party giving the notice may move for an order compelling the deposition. A motion to compel deposition attendance m ust include a declaration showing that the moving party inquired about the nonappearance. CCP §2025.450(b)(2). “Imp...
2024.03.06 Demurrer 122
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.03.06
Excerpt: ...ile attending a game on August 20, 2021. Defendant LOS ANGELES DODGERS LLC (“Defendant”) brings a demurrer to the single cause of action for violation of the Unruh Act. Plaintiff opposes the demurrer. Defendant correctly argues that the Unruh Act claim is time -barred under the two- year statute of limitations (Code Civ. Proc., § 335.1) because the face of the Complaint shows that Plaintiff's claim accrued on August 20, 2021, but he did not ...
2024.02.29 Motion for Summary Judgment 192
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.29
Excerpt: ...ent Filed on October 13, 2014 in Case No. 05A01698 (CCP 473). Background In this case, plaintiff NAREK AROUTYNYAN (“Plaintiff') seeks to quiet title and for other relief against Defendants BAG FUND, INC. and JASON LYNN (“Defendants”) in connection with a property located at 8943 Telfair Avenue, Los Angeles, and owned by Plainti ff. In its Cross-Complaint, Defendant Bag Fund, Inc. (“Defendant Bag Fund”) seeks declaratory relief and unjus...
2024.02.28 Motion to Strike or Tax Costs 675
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.28
Excerpt: ...KMAN and JUDITH LORRAINE RYCKMAN (“Plaintiffs”) brought this case against Defendants LAURA DREXLER and DAVID DREXLER as Trustees of the Drexler Trust (“Drexler Defendants”), and the Drexlers' attorney Michael Schwimer (“Schwimer”) (Drexler D efendants and Schwimer collectively referred to herein as “Defendants”), to preclude enforcement of sanctions orders issued in a separate case between Plaintiffs and the Drexler Defendants. Sc...
2024.02.22 Demurrer 639
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.22
Excerpt: ...ant of Good Faith And Fair Dealing; 3) Private Nuisance; 4) Violation of Penal Code 496; 5) Battery; 6) Unfair Business Practices; and 7) Intentional Infliction of Emotional Distress. Defendant has filed a demurrer to the Complaint. Plaintiff opposes the demurrer. LEGAL STANDARD Demurrers are to be sustained where a pleading fails to plead adequately any essential element of the cause of action. Cantu v. Resolution Trust Corp. (1992) 4 Cal. App. ...
2024.02.20 Motion for Summary Judgment, Adjudication 079
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.20
Excerpt: ...Defendants Thomas Block and Sue Emrek (“Defendants”) related to Defendants' involvement with a loan and deed of trust for the property at 4351 La Barca Drive, Tarza na, California (the “Property”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quie...
2024.02.15 Motion for Summary Judgment, Adjudication 348
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.15
Excerpt: ...pal Code § 6-1-1010 to impound motor vehicles owned by Plaintiff. The causes of action i n the First Amended Complaint (“FAC”) are: (1) Declaratory and Injunctive Relief Re Vehicle Code Preemption of City Ordinance; (2) Declaratory and Injunctive Relief Re Violation of California Due Process Clauses; (3) Declaratory and Injunctive Relief Re California State Privileges or Immunities; and (4) Declaratory and Injunctive Relief, and for Damages ...
2024.02.15 Demurrer to FAC, Motion to Strike 088
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.15
Excerpt: ...LLC (“Defendant”) produces, markets, and sells makeup an d skincare products through its websites and various brick-and-mortar stores. Plaintiff alleges that Defendant's website has access barriers that make it impossible for visually impaired individuals like Plaintiff to utilize the websites. Plaintiff's First Amended Complaint (“FAC”) alleges one cause of action for violation of the Unruh Civil Rights Act (“UCRA”), Civil Code §§ ...
2024.02.13 Motion for Preliminary Injunction for Possession of Property 896
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.13
Excerpt: ...401k PLAN, S.B.S. TRUST DEED NETWORK, PENSCO Trust Company LLC, Custodian FBO Sylla McClellan IRA: 080000001321, JAMES C. ELKINS, MELINDA J. ELKINS, ELKINS FAMILY REVOCABLE TRUST OF 2002, LAWRENCE C. HENIG, D.D.S., INC. (“Defendants”) who allegedly fraudulently induced Plaintiff into loan modification agreements regarding the loan on Plaintiff's apartment property at 4757 S. Mansfield, Los Angeles, CA 90026 (the “Property”). Plaintiff mov...
2024.02.09 Motion for Reconsideration of Motion to Compel Deposition 063
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.09
Excerpt: ...”) filed an Unlawful Detainer Complaint against ANSELMO SANCHEZ, alleging service upon Defendant of a notice to pay rent or quit. Defendant filed an Answer alleging that Plaintiff had breached the warranty of habitability by failing to make repairs and the amount in the notice to pay rent or quit included rent not yet due. Defendant previously filed a motion to compel Plaintiff's managing agent Jeet Jogani's deposition, and to impose $1,625.00 ...
2024.02.06 Motion to Compel Responses, for Sanctions 740
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.06
Excerpt: ...ses, without objections, to Defendant's Form Interrogatories, Set Three, and for $1,410.00 in sanctions against Plaintiff and counsel. Defendant served Plaintiff with the form interrogatories on May 16, 2023. (Maddock Decl., ¶ 5.) Plaintiff did not serve responses timely, and still did not serve responses even after Plaintiff provided Defendant an extension to serve objection-free responses in July 2023. (Id., ¶ 7.) Prior to the hearing on this...
2024.02.06 Demurrer, Motion to Strike 211
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.06
Excerpt: ...f funds from Plaintiffs when he served as CEO of Hwy Logistic, Inc. The Second Amended Complaint (“SAC”) also alleges that Li, Chih's wife, engaged in fraud by receiving Chih's salary in her name and that she and Chih engaged in a fraudulent scheme to steal and dissipate Plaintiffs' assets and embezzle Plaintiffs' funds. The SAC alleges the following causes of action solely against Chih: First Cause of Action for Breach of Contract; Third Cau...
2024.02.05 Special Motion to Strike 363
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.05
Excerpt: ...e residential property at 1115 S. Sherboume, Los Angeles, CA 90035 (“Property”), by failing to rent for the years 2020, 2021, and 2022. Cross-Complainants filed a Cross-Complaint seeking damages against Cross-Defendants for allegedly untenantable and substandard conditions at the Property. Cross-Complainants also allege that Cross-Defendants are involved in improper debt collection activities. Cross- Complainants' causes of action are: 1) Bre...
2024.02.02 Motion for Summary Judgment, Adjudication 875
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.02
Excerpt: ...hen fraudulently induced him to sign a severance agreement that contained an illegal no-rehire clause. Plaintiff, who is in his early 60s, alleges he began working at Defendants' retail store in Beverly Hills in 2010 and received positive performance reviews from Defendants up until he was terminated in 2019. (First Amended Complaint (“FAC”) ¶¶ 26, 28, 38-39.) Plaintiff alleges that he “frequently” complained to Defendant Kathy Martin (...
2024.02.01 Motion to Compel Arbitration and Stay Proceedings 452
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.02.01
Excerpt: ...d LA Apparel terminated her employment after she reported Newman's misconduct to the company. Plaintiff's individual causes of action in the Complaint are: (1) Sexual Harassment (Cal. Civ. Code § 51.9); (2) Sexual Harassment in Violation of FEHA (Hostile Work Environment); (3) Quid Pro Quo Sexual Harassment; and (4) Failure to Prevent Hostile Work Environment and Harassment in Violation of FEHA. Plaintiff's Fifth Cause of Action alleges a PAGA c...

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