Excerpt: ...mmary judgment or, in the alternative, summary adjudication (“MSA”). The Court denied the motion as to Plaintiff Weber Enterprise Trucking Corporation's First Amended Complaint (“FAC”). The Court granted summary adjudication of Forest Lawn's First Amended Cross-Complaint (“FACC”)'s sixth cause of action for declaratory relief regarding its termination of the Soil Agreement. On December 15, 2023, Weber filed a Motion by Plaintiff to Cl...

Excerpt: ... have reached a settlement in this Song-Beverly action. On August 4, 2023, Plaintiff filed a motion for attorney fees. Defendants did not file an opposition. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This...

Excerpt: ... La Colombe Holdings Inc., Rana Seabrook, and Isaiah Gutierrez. On August 8, 2023, Defendants filed a combined demurrer and motion to strike. “Motions to strike and demurrers should be filed as separate documents.” (Weil & Brown, Cal. Prac. Guide: Civil Procedure Before Trial (The Rutter Group June 2022 Update) ¶ 7:162.1.) DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal....

Excerpt: ...ober 12, 2023, Defendant filed a motion to strike. The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) It appears that Defendant reused a Notice of Motion templa...

Excerpt: ... 4, 2024 On November 27, 2019, Plaintiff Hyung Koo filed this personal injury action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. MOTION TO COMPEL DEPOSITION OF NON-PARTY WITNESS On July 17, 2023, Plaintiff served a subpoena for the August 9, 2023 deposition of non- party Koen “Ken” Kim. (S. Kim Decl. ¶ 4 & Ex. 1.) On September 15, 20...

Excerpt: ... subpoena for the August 9, 2023 deposition of non- party Koen “Ken” Kim. (S. Kim Decl. ¶ 4 & Ex. 1.) On September 15, 2023, Plaintiff filed a motion to compel Kim's deposition. In addition to Kim being compelled to appear for deposition, Plaintiff seeks an order to show cause why Kim should not be held in contempt and an order providing a “failure to appear” notice informing Kim that the failure to appear in response to the court order ...

Excerpt: ...on against Defendant Long Spring Freight LLC and others. On October 6, 2023, Plaintiff served a Notice of Deposition of Defendant's Person Most Knowledgeable (“PMK”) and an Amended Second Set of Requests for Admission (“RFAs”) on Defendant. (Bressler Decls., Exs. 2.) On October 24, 2023, the Court denied Defendant's counsel's request to withdraw as counsel. Counsel had contended that he was unable to continue representing Defendant Long S...

Excerpt: ...tina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendment t...

Excerpt: ... settlement with Plaintiff Hyung Koo. With that motion, Defendant also filed a Notice of Lodging and motion to seal records. If a motion requires reliance on confidential and/or lodged filings, the unredacted versions must be emailed to the department resource account at [email protected], in accordance with Department 48's Courtroom Information, available on the court's website (www.lacourt.org). Defendant did not originally follow these pro...

Excerpt: ...ers and Hector Pelayo (collectively, “Defendants”), alleging (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination and retaliation in violation of FEHA; (7) dec...

Excerpt: ... 27, 2021, Plaintiff Djamileh Mahjoubi filed a first amended complaint (“FAC”) against Defendant David E. Fermelia M.D. Pending before the Court are several discovery motions. MOTION TO QUASH NOTICE OF DEPOSITION On March 14, 2023, Defendant served a notice of deposition on Plaintiff, noticing a deposition date of May 3, 2023. (Motion, Ex. A.) On May 2, 2023, Plaintiff filed a motion to quash the notice of deposition and request for protectiv...

Excerpt: ... warranties arising from the purchase of an allegedly defective vehicle. On October 11, 2023, Plaintiff noticed the deposition of Defendant's person most knowledgeable (“PMK”), for a deposition on November 1, 2023. On October 25, 2023, Defendant served objections. On October 30, 2023, Plaintiff sent Defendant a meet-and-confer letter requesting alternative deposition dates. Defendant did not provide dates, and it stated that a PMK would be pr...

Excerpt: ...FIVE Dept. 48 8:30 a.m. December 19, 2023 On July 9, 2020, Plaintiff Hilda Rodriguez-Guzman filed this action against Defendants The Accelerated Schools and Johnathan Williams. On October 25, 2023, Defendants filed a motion for summary judgment, noticing a hearing date of January 9, 2023. On November 20, 2023, Plaintiff filed motions to compel Defendants' responses to Requests for Production of Documents, Sets Four and Five. Trial is set for Marc...

Excerpt: ...Defendant Christina Hayek, alleging (1) intentional interference with prospective economic relations, (2) intentional interference with contractual relations, (3) unfair business practices, and (4) defamation per se. On July 23, 2021, the Court denied Defendant's anti-SLAPP motion. On May 8, 2023, the Court of Appeal reversed and remanded for the trial court to conduct a second step anti- SLAPP analysis. Defendant was awarded her costs on appeal....

Excerpt: ...tion against Defendant American Honda Motor Co. Inc., arising from his purchase of an allegedly defective vehicle. On September 1, 2023, Defendant filed a motion to compel Plaintiff's deposition and a motion to compel vehicle inspection. MOTION TO COMPEL DEPOSITION On December 20, 2022, Defendant served a Notice of Deposition for January 17, 2023. (Chang Decl. ¶ 2.) On February 7, 2023, Plaintiff served objections. (Chang Decl. ¶ 3.) From Febru...

Excerpt: ... the Court granted Plaintiff's motion for evidentiary sanctions and prohibited Defendant from introducing witnesses regarding the condition of the property, the cause of the conditions of the property, the citations, or any attempts to abate the conditions at the property. Defendant did not oppose that motion or appear at the hearing. On October 25, 2023, Plaintiff noticed the deposition of Defendant's PMK on November 8, 2023. (Littlefield Decl. ...

Excerpt: ...C dba Mr. Cooper. On October 19, 2023, Defendant filed an answer. Plaintiffs use a form complaint for actions based in contract. At Page 2, Item 8, Plaintiffs checked the boxes for Breach of Contract, Other (specifying “Fraud, Identity Theft”), and “Other Allegations.” The Other Allegations are listed as “negligence,fraud,breachofcontract,breachoftheimpliedconsent of goodfaithandfairdealing,violationCalifornia ConsumerProtectionAct and ...

Excerpt: ...ed a verdict in favor of Defendants AutoZoners LLC, AutoZone Inc., and AutoZone West LLC and against Plaintiff Richard Pastore. On November 13, 2023, Plaintiff filed a motion to disqualify Defendants' counsel's firm. The Court entered judgment on November 21, 2023. EVIDENTIARY OBJECTIONS Defendant's Objections to the Declaration of Anthony Nguyen are overruled. DISCUSSION “‘A trial court's authority to disqualify an attorney derives from the ...

Excerpt: ...er employment. On April 3, 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Plaintiff's Objections to the Declaration of Eric Fox are overruled. “For purposes of a petition to compel arbitration, it is not necessary to follow the normal procedures of document authentication. ‘[T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co...

Excerpt: ...nts Nina's Cafe, Inc. and Libasky Johanina Gutierrez-Tobar. On April 1, 2022, the Court entered judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $54,500.00 plus $1,685.00 in attorney fees and costs. On June 20, 2023, the Court denied Plaintiff's motion to amend the judgment, finding that Plaintiff had not proven that there would be an inequitable result if Nina's Cafe Bar, Inc. was not added as a judg...

Excerpt: ...beth P. filed this action against Downey Unified School District. In response to Form Interrogatories about injuries and the treaters for injuries, Doe L.P. alleged emotional distress, depression, and anxiety, which she sought mental health treatment for. (Motions at p. 3; Ovitz Decl. ¶ 3, Ex. A.) On September 25, 2023, Defendant issued deposition subpoenas for production of business records to non-parties South Central Los Angeles Regional Cent...

Excerpt: ...pany (“Defendant”). Plaintiff alleges that Defendant used the animated television series “American Dad!” to send him coded death threats. (Complaint, 2:14-16.) On November 6, 2023, Plaintiff filed their Motion to Strike[1] (“Motion”). No opposition nor reply brief was filed. DISCUSSION Meet and Confer – “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with...

Excerpt: ...discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) failure to prevent discrimination and retaliation. On August 31, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS A. Plaintiff's Objections Defendant's Separate Statement: Overruled. Declaration of Marlon Marrache: Overruled. To the extent that Plaint...

Excerpt: ...plaint against Defendant Joan Plotkin (individually and as trustee of Plotkin Trust Agreement Dated August 28, 1991). On June 1, 2023, Defendant served Request For Production of Documents, Set One; Form Interrogatories, Set One; and Special Interrogatories, Set One. Plaintiffs provided unverified responses on July 2, 2023. Defendant requested verified responses and granted Plaintiffs an extension. When no verified responses were provided, Defenda...

Excerpt: ...dant The Regents of the University of California (erroneously also named as UCLA Health Systems and Ronald Reagan Hospital Department of Pharmacy). On May 10, 2023, Defendant filed a demurrer and motion to strike. On August 15, 2023, Plaintiff filed both a Notice of Limited Scope Representation and a Substitution of Counsel, identifying Michael J. Callon as Plaintiff's new legal representation. On August 22, 2023, neither Plaintiff nor her counse...