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Judge: Bachner, Monica x
2022.02.08 Demurrer 439
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.08
Excerpt: ...ndants Mar LLC, a California Limited Liability Company, (“Mar LLC”), Mark Lu (“Lu”), and Leo Dang (“Dang”) (collectively, “Defendants”) demur to the 1 st (breach of contract), 2 nd (breach of implied covenant of quiet enjoyment – illegal activity), 3 rd (breach of implied covenant of quiet enjoyment – harassment), 4 th (private nuisance), 5 th (breach of implied covenant good faith and fair dealing), 6 th (intentional inflicti...
2022.02.04 Motion to Compel Arbitration, to Stay Action Pending Arbitration 608
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.04
Excerpt: ...entiary hearing. Defendants' motion to stay the action pending arbitration is continued to the date of the evidentiary hearing. A. Motion to Compel Arbitration Defendants Young H. Park (“Park”), Ji Taek Lim (“Lim”), and Thomas J. Danforth (“Danforth”), joined by Defendant Silverlake Ramen Holdings, LLC (“Silverlake Ramen” or “Company”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asse...
2022.02.04 Demurrer 955
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.04
Excerpt: ...endants' demurrer to the complaint is overruled. A. Maidenberg Defendants' Demurrer Defendants Fred Maidenberg (“Maidenberg”) and Fred Maidenberg, CPA (“MCPA”) (collectively, “Maidenberg Defendants”) demur to the 1 st (breach of oral partnership agreement), 2 nd (professional negligence), 3 rd (breach of fiduciary duty), 4 th (accounting), 5 th (unjust enrichment), 6th (quantum meruit), 7 th (quiet title), 8 th (dissolution and windin...
2022.02.03 Motions to Deem RFAs Admitted, to Compel Responses, for Monetary Sanctions 131
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.03
Excerpt: ... responses to Form Interrogatories as to Defendant Fernando L. Salcedo are granted. Responses are due within 20 days. Plaintiffs' requests for monetary sanctions against Defendants and their counsel of record are granted in the reduced total amount of $2,040, payable within 10 days. Four discovery motions are presently before the Court. Plaintiffs Marvin Santillan (“Marvin”), Genesis Santillan (“Genesis”), and Jocelyn Santillan (“Jocely...
2022.02.03 Motion to Quash Service of Summons and Complaint 650
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.03
Excerpt: ...Joseph Houshaminian (“Defendant”) moves for an order quashing service of the summons and complaint by Plaintiff Marcelle Shadian (“Plaintiff”) for lack of personal jurisdiction. (Notice of Motion, pg. 1; C.C.P. §418.10(a)(1).) In opposition, Plaintiff requests that, in the alternative, the Court defer resolution of the motion to quash to allow Plaintiff to conduct jurisdictional discovery. (Opposition, pgs. 18-19.) In reply, Defendant re...
2022.02.01 Motion for Summary Judgment, Adjudication 077
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.01
Excerpt: ...t Services (“Sterpa REM”) (collectively, “Defendants”) moves for summary judgment against Plaintiffs Hayk Igraryan (“Igraryan”) and Hayk & Vic, Inc., dba Ameci Pizza Kitchen (“H&V”) (collectively, “Plaintiffs”), or, in the alternative, for summary adjudication of the 1 st (breach of lease), 2 nd (breach of express and implied covenants of quiet enjoyment and possession), 3 rd (breach of the covenant of good faith and fair deal...
2022.02.01 Motion for Attorney Fees 987
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.02.01
Excerpt: ...rneys' fees and costs against Defendant Mike Thompson Recreational Vehicles Santa Fe Springs (“MTRV”) in the total amount of $260,439.70, reflecting $220,503 in fees and $39,936.70 in costs. (Notice of Motion, pgs. 1-2; Reply, pg. 8.) The Court notes Plaintiffs reduced their request in reply based on inaccuracies in the original requested amount identified by MTRV in opposition. Evidentiary Objections MTRV's 1/18/22 evidentiary objections to ...
2022.01.28 Demurrer, Motion to Strike 455
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.28
Excerpt: ..., 178, 179, 182, 224, as well as paragraph 11 of the Prayer, which requests punitive damages. A. Demurrer Defendants Higgins Loft aka Higgins Loft Homeowners Association (“the HOA”) and John Agnew (“Agnew”) (collectively, “Defendants”) demur to the 7 th (intentional interference with prospective economic advantage) and 8th (negligent interference with prospective economic advantage) in the first amended complaint (“FAC”) of Plaint...
2022.01.27 Motion to Set Aside Default 269
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.27
Excerpt: ...s”) move for an order setting aside the default judgment entered against them in this action brough by Plaintiffs Natalie Vonderburg (“Vonderburg”) and David Quane (“Quane”) (collectively, “Plaintiffs”) pursuant to C.C.P. §§473(b) and (d). Defendants move to set aside the default on the grounds it was taken as the result of inadvertence, surprise, mistake, or excusable neglect and/or that the judgment is void. (Notice of Motion, p...
2022.01.27 Motion for Leave to File SAC 587
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.27
Excerpt: ...ation, Inc. (“A&R”), Reba Aghchay (“Aghchay”), Fullerton Pacific Interiors, Inc. (“Fullerton”), and Dana Electric and Associates, Inc. (“Dana Electric”) (collectively, “Defendants”). Plaintiff seeks to amend the pleading by: (1) adding the following additional parties as defendants: The Western Surety Company (“Western Surety”), Ali Fadavi individually (“Fadavi”) [A&R's principal], Coast Supply Company (“Coast”), H...
2022.01.26 Demurrer, Motion to Strike 514
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.26
Excerpt: ... is sustained with 20 days leave to amend. The Court grants Plaintiff's request for leave to amend the 6 th and 8 th causes of action as a single cause of action for quantum meruit. Defendants' motion to strike is moot. A. Demurrer Defendants Arshag J. Bohdjelian (“Arshag”) and West Valley Plaza, Inc. (“West Valley”) (collectively, “Defendants”) demur to the 1 st (surplus proceeds from foreclosure sale), 2 nd (fraud), 3rd (conversion)...
2022.01.25 Motion for Judgment on the Pleadings 565
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.25
Excerpt: ...eadings as to the 5 th (violation of Penal Code §502(c)) cause of action asserted by Plaintiffs Cindy Ambuehl (“Ambuehl”) and Anvis, Inc. (“Anvis”) (collectively, “Plaintiffs”) in their first amended complaint (“FAC”). Defendant moves on the grounds that Plaintiffs fail to state a claim for relief as against Defendant given the only wrongful conduct alleged to constitute violations of Penal Code §502(c) were acts of Defendant Ch...
2022.01.21 Motion for Sanctions 875
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.21
Excerpt: ...l amount of $5,485, against Plaintiff and his attorney of record, payable within 10 days. Plaintiff's request for monetary sanctions is denied. Defendants VolumeCocomo Apparel, Inc. (“VCA”), for itself and on behalf of its affiliates VolumeCocomo Apparel, Inc. of New York (“VCA NY”), VolumeCocomo Apparel Shanghai Co., Ltd. (“VCA Shanghai”), VolumeCocomo Apparel Cambodia, Inc. (“VCA Cambodia”), and Cocovol Apparel Cambodia Inc. (�...
2022.01.21 Demurrer, Motion to Strike 307
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.21
Excerpt: ...complaint is moot. A. Demurrer Cross-Defendants Augustin Fernandez (“Fernandez”) and Duende Media, Inc. (“DMI”) (collectively, “Fernandez Parties”) demur to the 1 st (intentional interference with prospective economic advantage) and 3 rd (common counts) causes of action in the cross-complaint of Cross-Complainants Robert J. Haber (“Haber”) and Rajah Media Inc. (“Rajah”) (collectively, “Haber Parties”). Fernandez Parties ar...
2022.01.20 Motion to Seal Exhibits, for Summary Adjudication, Request for Punitive Damages 511
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.20
Excerpt: ...ation of the 6 th cause of action and the request for punitive damages is granted. A. Motion to Seal Defendant FCA US, LLC (“Defendant”) moves to seal documents Plaintiff Fazal Wafadar (“Plaintiff”) filed in support of his opposition to Defendant's motion for summary adjudication. Specifically, Defendant moves to seal Exhibit 5 [excerpts of customer complaints] and Exhibit 6 [warranty claims made] to the Declaration of Rabiya Tirmizi (“...
2022.01.19 Motion to Compel Further Responses, for Monetary Sanctions 861
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.19
Excerpt: ...sponses are due within 10 days. Defendants' request for monetary sanctions against Plaintiff and its attorney of record is granted in the reduced amount of $4,061.65, payable within 10 days. Defendants' request the Court lift the stay as to the previously awarded $1,660 in monetary sanctions against Plaintiff and Quintana Law Group, Plaintiff's prior attorney of record, is granted. Payment is due within 10 days. Defendants' motion to compel furth...
2022.01.14 Motion to Set Aside Default 415
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.14
Excerpt: ...brough by Plaintiff Weber & Associates, Inc. (“Plaintiff”) pursuant to C.C.P. §473(d) or the Court's equitable power. Defendant moves to set aside the default on the grounds the judgment is void since the service of the complaint and summons was improper, depriving the Court of jurisdiction over Defendant. (Motion, pgs. 1-4.) Plaintiff's 12/29/21 request for judicial notice of the dockets of various cases filed in Los Angeles Superior Court ...
2022.01.13 Motion for Cost of Proof Sanctions, Application to Seal 666
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.13
Excerpt: ...y (“Midwell”) moves for cost of proof sanctions against Plaintiff Martin Bertucci (“Plaintiff”). In addition, on December 27, 2021, Defendant His Royal Highness Prince Khalid Bin Faisal Bin Sultan Bin Abdulaziz Al Saud (“Prince Khalid”) filed an application to seal documents Plaintiff lodged conditionally under seal in connection with his opposition to the instant motion. A. Application to Seal Prince Khalid moves to seal the followin...
2022.01.12 Motions to Compel Further Responses 774
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.12
Excerpt: ...rovide further responses to Requests for Production (Set One) is moot. Plaintiff's requests for sanctions against Defendants and their counsel of record is denied. Three discovery motions are presently before the Court. Plaintiff Elias G. Shiber (“Plaintiff” or “Shiber”) moves for orders compelling Defendant Edwin Movagharian (“Movagharian”) to provide further responses to Special Interrogatories (Set One) and Requests for Production ...
2022.01.12 Motion to Compel Judicial Reference 444
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.12
Excerpt: ...ubject to the judicial reference provision in the parties' underlying General Contractor Agreement (the “Agreement”), to JAMS and appointing the Honorable Judith M. Ryan (Ret.) (“Referee”) as judicial referee for all purposes, including trial, as to all claims and cross-claims, pursuant to C.C.P. §638. (Notice of Motion, pg. 2.) Defendant Angeles Contractor, Inc. (“Defendant”) opposes the motion. C.C.P. §638 provides, as follows: A ...
2022.01.06 Motion to Strike Punitive Damages 633
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.06
Excerpt: ...Rodriguez (“M. Rodriquez”), Maria Taylor (“M. Taylor”), Alvino Rodriquez (“A. Rodriguez”), and minor plaintiffs Krystalynn Pershing (“Krystalynn”), John Rodriguez (“John”), and Trini Taylor (“Trini”) (collectively, “Plaintiffs”) that pertain to and/or support their request for punitive damages and attorneys' fees and costs. (Notice of Motion, pgs. 1- 2.) Specifically, Defendant moves to strike Paragraphs 7, 74 [harassm...
2022.01.06 Motion for Summary Adjudication 020
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.06
Excerpt: ... exhibits by lodging only the individual exhibits subject to the protective order. The Court's September 23, 2021 ruling on Plaintiff's motion to seal applies to Exhibit 42 to the Declaration of Erin Coleman conditionally lodged under seal as it is the same Declaration of Gorelick and attached exhibits which the Court has determined is entitled to sealing in part and that sealing order applies to Exhibit 42. To the extent Plaintiff seeks to have ...
2022.01.05 Motion to Compel Arbitration 469
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.05
Excerpt: ...rsal in support of the motion, that is properly scanned and contains all pages and language of the Sales Contract. The Court sets a non‐appearance case review for August 15, 2022. The parties are directed to submit a joint statement no later than August 5, 2022, apprising the Court of the status of the arbitration. Defendant FCA US LLC (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiff Raymundo Galle...
2022.01.04 Demurrer, Motion to Strike 455
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.04
Excerpt: ...es is denied as to paragraphs 159, 178, 179, 182, as well as paragraph 11 of the Prayer, which requests punitive damages and is moot as to paragraph 224. A. Demurrer Defendants Higgins Loft aka Higgins Loft Homeowners Association (“the HOA”) and John Agnew (“Agnew”) (collectively, “Defendants”) demur to the 7 th (intentional interference with prospective economic advantage) and 8th (negligent interference with prospective economic adv...
2022.01.03 Demurrer, Request for Monetary Sanctions 285
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.01.03
Excerpt: ...denied. Defendants US Healthworks Group (“Healthworks”) and Kaochoy Saechao, M.D. (“Dr. Saechao”) (collectively, “Defendants”) demur to the 1st (violation of Labor Code §1102.5), 2 nd (retaliation), and 3 rd (wrongful termination in violation of public policy) causes of action in the first amended complaint (“FAC”) of Plaintiff Amir H. Rad, erroneously named as Amir Hrad (“Plaintiff”). Defendants argue the causes of action ar...

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