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Judge: Mackenzie, Allison x
2024.01.08 Motion for Leave to File FAC 239
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.01.08
Excerpt: ...at Plaintiff BEEMAK PLASTICS, LLC. On 6/24/21, the Court entered default Judgment in the total sum of $1,426,093.43 against Defendant. Defendant filed a motion to set aside/vacate the judgment in June 2023, which the Court granted on 8/3/23. Plaintiff brings this motion for leave to file a First Amended Complaint to add Sandra Romero as an alter ego defendant and to add alter ego allegations. Defendant opposes the motion. The Court may allow a pa...
2024.01.05 Motion to Strike Answer or for Evidence and Issue Sanctions, for Monetary Sanctions 657
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.01.05
Excerpt: ... (“Major League”) filed a Complaint alleging that Defendants/Cross-Complainants wrongfully took two trailer chasses, and a shipping container of goods and office equipment, and wrote a check with insufficient funds. Defendants/Cross- Complainants' Cross-Complaint alleges that Major League and other cross-defendants agreed to pay Cross-Complainants for storing items at Cross-Complainants' property but they have failed to pay any of the rent ow...
2024.01.05 Motion to Compel Responses 925
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.01.05
Excerpt: ...�) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a business relationship. On May 4, 2023, a judgment (the “Judgment”) was entered in Moving Cross-Complainants' favor against Plaintiff/...
2024.01.05 Motion to Compel Arbitration and Dismiss or Stay Complaint Pending Arbitration 145
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.01.05
Excerpt: ...und November 24, 2020, and wrongfully terminated about March 7, 2022, without engaging in any interactive process, after she twice suffered work-related injuries, a supervisor harassed her, and she was not allowed meal or rest breaks. Defendants now bring a motion to compel Plaintiff to arbitrate the Complaint, while this case is stayed or dismissed. Plaintiff opposes the motion. FAA As a threshold issue, Defendants contend that the Federal Arbit...
2024.01.05 Motion to Amend Complaint 250
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.01.05
Excerpt: ...n allegations that SIOF, as commercial lessor and lender, agreed to provide over $350,000 for Phood Farmacy tenant's improvements to prepare 1000 E. 60th Street, Los Angeles for occupancy, but Phood Farmacy abandoned the premises after about 7 months of possession and refuses to repay the loan or pay the rent. The causes of action are: 1) Breach of Lease; 2) Failure to Repay Loan; 3) Common Counts: Money Owed; 4) Unjust Enrichment; 5) Intentional...
2024.01.05 Demurrer 045
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2024.01.05
Excerpt: ...f The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated on July 31, 2023 and arises out of an employment relationship. The currently operative first amended complaint (the “FAC”), filed on August 21, 2023, alleges: (1) whistleblower retaliation in violation of Labor Code section 1102.5; (2) age, sex, and gender discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (3)...
2023.12.20 Motion to Compel Further Responses 176
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.20
Excerpt: ...(“Lamb”) request for sanctions is denied, the Court finding substantial justification. E.g., CCP § 2023.030. The motion to compel further responses to the document requests and production of documents is granted. On or before 1/22/24, Lamb shall serve further responses, and produce documents, in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to all requests for documents addressed in the separate statement. On ...
2023.12.20 Demurrer, Motion to Strike 691
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.20
Excerpt: ...sed the subject property to Plaintiffs and that the property has uninhabitable conditions including spider and ant infestation, mold contamination, dysfunctional plumbing systems, dysfunctional electrical outlets, lack of heating, deficient fire protection systems, lack of hot water, offensive odors, and deterioration and dilapidation, and Defendant has been cited by the City for various violations. The causes of action are: 1. Violation of Calif...
2023.12.20 Demurrer to FAC 250
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.20
Excerpt: ... against Defendant Phood Farmacy 2 LLC (“ Phood Farmacy”), asserting seven claims based on allegations that SIOF, as commercial lessor and lender, agreed to provide over $350,000 for Phood Farmacy tenant's improvements to prepare 1000 E. 60th Street, Los Angeles for occupancy, but Phood Farmacy abandoned the premises after about 7 months of possession and refuses to repay the loan or pay the rent. On 9/25/23, in consolidated case number 22STC...
2023.12.19 Demurrer to FAC, Motion to Strike 812
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.19
Excerpt: ... Defendant filed a demurrer and Plaintiff failed to file an opposition. The Court therefore sustained the demurrer with 20 days' leave to amend on 8/15/23. On 10/3/23 (well after the allotted 20 days' leave to amend had passed), Plaintiffs filed a First Amended Complaint, alleging that Plaintiff Mi Young Kim leased premises from Defendant for a retail business but Defendant failed to deliver the premises in good working condition, and to fix the ...
2023.12.19 Demurrer 853
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.19
Excerpt: ...arty's request for judicial notice is denied. On 1/9/23, plaintiffs LEO GONZALEZ et al. filed a First Amended Complaint (“FAC”) containing twelve causes of action based on allegations that plaintiffs are tenants at 625 S. Burlington Ave., Los Angeles, which has uninhabitable conditions, including cockroach infestations, widespread mold contamination, open exposure to raw sewage, plumbing issues, faulty and insufficient utilities, structural d...
2023.12.18 Motion to Compel Further Responses, for Monetary Sanctions 148
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.18
Excerpt: ...ll serve further responses, and produce documents, without objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents identified in moving party's separate statement filed with the motion. On or before that same date, Defendant COLLEGE VISTA POST-ACUTE and GIOV ANNIELLO LAW GROUP jointly and severally shall pay discovery sanctions in the sum of $5,505.00 to Plaintiff, the Court f...
2023.12.15 Demurrer to FAC, Motion for Leave to Amend FAC 562
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.15
Excerpt: ...rrer ruling. On 7/13/21, RANDALL BERNARD ALLEN (“Plaintiff”), a self-represented litigant, filed a Complaint against VISTA POINT, INC. (“Defendant”) and PACIFIC LIFE & ANNUITY SERVICES, INC. (“Co-Defendant”). On 8/24/21, Plaintiff filed a First Amended Complaint, alleging: Pacific Life Insurance Company, acting as a subsidiary of the City of Los Angeles, failed to establish a special needs trust of structured annuity payments due mont...
2023.12.15 Demurrer to FAC 896
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.15
Excerpt: ... property at 4757 S. Mansfield, Los Angeles, CA 90026, were defendants MURAL MEDIA, LLC and S.B.S. TRUST DEED NETWORK that allegedly entered into the original loan and deed of trust while incapable of legally doing business in the State of California, due to their filing LLC cancellations. Defendants BRUETSCH and CAPITALBENEFIT, INC., allegedly acted as agents for defendants. Other defendants allegedly represented themselves as being the lien hol...
2023.12.14 Demurrer to FAC 460
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.14
Excerpt: ...oor, Los Angeles, and the individual defendant is an alter ego of the entity lessor. The causes of action are: 1) For Breach of Lease; 2) Violation of Civil Code §3439; 3) Fraudulent Transfer in Violation of Civil Code §3439.04(A)(2)(A); 4) Open Book Account; 5) Account Stated; and 6) Unjust Enrichment. Defendants demur to each claim of the First Amended Complaint. Plaintiff opposes the demurrer. 1) Breach of Lease. Defendants contend that the ...
2023.12.13 Motion for Judgment on the Pleadings 006
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.13
Excerpt: ...ke the elements of claim or issue preclusion). On 6/23/23, “S.W.” (“Plaintiff”) filed a First Amended Complaint (“FAC”) against LOS ANGELES UNIFIED SCHOOL DISTRICT (“Defendant”), alleging that this is a revival action filed pursuant to California Code of Civil Procedure Section 340.1 (“Section 340.1”), for damages arising from childhood sexual abuse while under the custody and care of defendants at George Washington Carver Mid...
2023.12.12 Petition to Compel Arbitration and Stay Proceedings 653
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.12
Excerpt: ...shall arbitrate the controversies between them, including the entire Cross-Complaint, in accordance with their agreement to arbitrate. This entire case is stayed until such arbitration has been completed or until other further order of the Court. On 1/9/23, plaintiffs filed a First Amended Complaint, alleging that plaintiffs are tenants at 625 S. Burlington Ave., Los Angeles, which has uninhabitable conditions, including cockroach infestations, w...
2023.12.12 Motion to Compel Arbitration 254
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.12
Excerpt: ...) filed a Complaint alleging that the employer defendants wrongfully terminated Plaintiff's work as a machine operator and meat packer, in retaliation for Plaintiff's complaints about sexual harassment by a manager. Plaintiff alleges claims under the Fair Employment and Housing Act (FEHA), among others. Moving and joining defendants bring a motion to compel Plaintiff to submit all causes of action to arbitration in accordance with an arbitration ...
2023.12.07 Motion to Quash or Modify Employment Subpoena, for Monetary Sanctions 569
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.07
Excerpt: ... are granted, except for sanctions, without prejudice to serve any proper, narrowed subpoenas. The Court quashes Defendant's subpoenas served on Health Nut, Allied Universal Security Services and Ipic Theaters, LLC. On 10/1/20, Plaintiff JOSE MAGALLON (“Plaintiff”) filed a PAGA Complaint alleging employment at GUS'S WORLD FAMOUS FRIED CHICKEN (“Defendant”), and the employer's violations of Labor Code sections: 201-203 (failure to timely p...
2023.12.07 Demurrer, Motion to Strike 583
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.07
Excerpt: ...sale of Plaintiff's products, by fraudulently representing that they would pay, by delivering certain checks drawn from accounts having no funds. The causes of action are: Common Counts, Promissory Fraud, and Fraudulent Uttering and Delivery of Check or Drafts in Violation of California Penal Code §476a. Defendants have filed a demurrer to the Complaint's Fourth and Fifth Causes of Action, and a motion to strike allegations regarding punitive da...
2023.12.05 Motion to Compel Further Responses 063
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.05
Excerpt: ...ments is denied in part (as to document request numbers 16, 20, 27, and 29, and as to sanctions), and is otherwise granted. On or before 12/10/23, Plaintiff shall serve further responses, and produce documents, without unsupported objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents served by Defendant. The motion to compel a deposition is granted, and sanctions in the amou...
2023.12.05 Demurrer to SACC 773
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.05
Excerpt: ...and induced and interfered with a sublease. On 7/28/23, Cross Complainant filed a Second Amended Cross-Complaint alleging that Cross- Defendant in his capacities as manager, investor and attorney for the Global Hotel Project, breached fiduciary duties and committed fraud, as to investors including Cross- Complainant. The Cross-Complaint's listed causes of action are: 1. Breach of Contract; 2. Breach of the Implied Covenant of Good Faith and Fair ...
2023.12.04 Motion to Consolidate Eviction Case with Civil Case, Stay Eviction Proceeding 901
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.04
Excerpt: ...able for the landlord's attempting to evict plaintiffs in retaliation for inhabitability complaints, Plaintiff's personal injury case, and low rent due to rent control. The causes of action are: 1. Breach of Rental Contract; 2. Breach of Covenant of Good Faith And Fair Dealing; 3. Trespass; 4. Harassment; 5. Retaliation; 6. Wrongful Eviction [CA Civil Code § 789.3(A)]; 7. Uncured Building Violations [Code § 1942.2]; 8. Breach Of Warranty of Hab...
2023.12.04 Motion to Compel Further Responses, for Sanctions 911
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.04
Excerpt: ...“Defendant”), alleging that Plaintiff purchased a new 2018 Chevrolet Silverado, having and developing serious defects and nonconformities to warranty, which Defendant was unable to conform after a reasonable number of attempts. The causes of action are: 1. Violation of Song- Beverly Act- Breach Of Express Warranty; 2. Violation of Song-Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; 4. Violation...
2023.12.01 Petition to Confirm Arbitration Award 818
Location: Los Angeles
Judge: Mackenzie, Allison
Hearing Date: 2023.12.01
Excerpt: ...eging that defendants and co-conspirators MICHAEL SCHNEIDER, LOUIE CASTRO, and ZAKARI KURTZ (“defendants”), locked Plaintiff out of the Internet business selling sneakers, which he founded. After Plaintiff dismissed Defendants Castro and Kurtz, Plaintiff and Defendant Schneider proceeded to binding arbitration. Plaintiff (“Petitioner”) has filed a petition to confirm an arbitration award, on grounds including these: 1) Petitioner should n...

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