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2022.07.29 Motion to Compel Further Responses, for Monetary Sanctions 626
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.29
Excerpt: ...ario Galicia (“Galicia”) and Daniela Espinosa De Los Monteros Gonzalez aka Daniela Espinosa (“Espinosa”) (collectively, “Plaintiffs”) move for an order compelling Defendant American Honda Motor Co. (“Defendant”) to provide further responses to Requests for Production of Documents (Set One) Nos. 30, 31, 32, and 33. (Notice of Motion pg. 1; Separate Statement.) In addition, Plaintiffs request monetary sanctions against Defendant and...
2022.07.29 Motion for Leave to File FAA, for Judgment 020
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.29
Excerpt: ...��McLear US”) moves for leave to file an amended answer to the second amended complaint (“SAC”) of Plaintiff Esos Rings, Inc. (“Plaintiff” or “Esos Rings”). McLear US moves to amend its answer to assert an additional affirmative defense of “a good faith transferee pursuant to C.C.P. §3439.08” to Plaintiff's fraudulent transfer claim. Defendant filed the instant motion on March 29, 2022. On June 8, 2022, Defendant filed a Notice...
2022.07.27 Motion to Strike FAC, Demurrer 928
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.27
Excerpt: ...0 days and as to the 3 rd and 4 th (as to Steve, Randi, and CMS) causes of action without leave to amend. A. Motion to Strike Cros-Defendants Craig Steven Den Besten (“Steve”), Randi Den Besten (“Randi”), KGM3 LLC (“KGM3”), and CMS Construction, Inc. (“CMS”) (collectively “Cross-Defendants”) move to strike the first amended cross-complaint (“FACC”) of Cross-Complainant Lewis Seiden (“Seiden”). Cross- Defendants move to...
2022.07.26 Motion to Enforce Settlement Agreement 723
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.26
Excerpt: ... motion. Plaintiff is to submit a Proposed Judgment within 10 Court days. Plaintiff Michael Morris (“Plaintiff”) moves for an order enforcing the settlement between Plaintiff and Defendants BaronHR Security, Inc. (“BaronHR”), Fortress Worldwide, Inc. (“Fortress”), BaaronHR Group, LLC (“BHR Group”), and BaronHR, LLC (“BHR LLC”) (collectively, “Defendants”) (“Settlement”). (Notice of Motion, pg. 2; C.C.P. §664.6.) Speci...
2022.07.26 Motion for Summary Judgment 885
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.26
Excerpt: ...ainst Defendants Yo Yo Amon (“YYA”) and Amber Farr (“Farr”) (collectively, “Defendants”). Plaintiff moves on the grounds that there are no triable issues of material fact. (Notice of Motion, pgs. 1-2.) Defendants' 7/20/22 evidentiary objection to evidence Plaintiff submitted in support of its reply is sustained. The Court notes Plaintiff moves only for summary judgment and does not, in the alternative, move for summary adjudication of...
2022.07.25 Motion to Set Aside Default 829
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.25
Excerpt: ...s action brough by Plaintiff Westlake (“Plaintiff”). [1] Defendant moves to set aside default on the following grounds: (1) it was entered as a result of his mistake, inadvertence, surprise, and/or excusable neglect; (2) service of the summons did not result in actual notice; and/or (3) the judgment and/or entry of default is void . (Motion, pg. 1; C.C.P. §§473(b), 473.5, 473(d).) The Court notes the instant motion is brought by Defendant a...
2022.07.22 Petitions to Approve Minors' Compromises 864
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.22
Excerpt: ...Claimant Andrew Xavier Sandoval Najera (“Andrew”), Petitioner Elva Hernandez (“Hernandez”), on behalf of Claimants Atzli Lizbeth Najera (“Atzil”), Liam Adrian Najera (“Liam”), and William Rafael Najera (“William”), Petitioner Alfredo Najera Bahena (“A. Bahena”), on behalf of Claimant Dylan Alfredo Najera Erazo (“Dylan”), and Petitioner Mayra Calleja Bahena (“M. Bahena”) on behalf of Claimants Leilany Michelle Farfa...
2022.07.22 Motion to Approve and Enter Consent Judgment 694
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.22
Excerpt: ... the Amended Consent Judgment on September 1, 2022. Plaintiff Ecological Alliance, LLC (“Plaintiff”) moves for an order approving and entering the [Proposed] Stipulated Consent Judgment (“Consent Judgment”) between Plaintiff and Defendant Colart Americas, Inc. (“Defendant”) in the instant Proposition 65 (“Prop 65”) action pursuant to Health & Safety Code §25249.7(f). (Notice of Motion, pg. 2.) Plaintiff seeks the Court's approval...
2022.07.21 Motion to Set Aside Default, to Dismiss SAC 135
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.21
Excerpt: ...ember 27, 2022. A final status conference is set for September 16, 2022. A. Motion to Set Aside Default Cross-Defendant Howard Fuchs (“Fuchs”) moves to set aside the default entered against him on the cross-complaint of Cross-Complainants Joel Wertman (“Wertman”) and Mustard Pancakes (“MP”) (collectively, “Cross- Complainants”). Fuchs moves on the grounds that extrinsic mistake existed in taking the default against him and that th...
2022.07.21 Motion for Preliminary Approval of Class Action Settlement 061
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.21
Excerpt: ...roposed order (and attached Class Notice) correcting the issues addressed in the ruling by August 29, 2022. Plaintiffs Jorge Montes aka Jorge Montes Silva (“Silva”) and Edgar Montes (“Edgar”) (collectively, “Plaintiffs” or “Named Plaintiffs”) move for an order granting preliminary approval of the proposed settlement with Defendant AG Construction aka AG Construction, Inc. (“Defendant”) on the terms and conditions set forth in ...
2022.07.18 Motion to Compel Production of Docs, for Monetary Sanctions 620
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.18
Excerpt: ...ons, Inc. fka Solarcity Corporation (“Defendant”) moves to compel Plaintiff General Insurance Company of America, as subrogee of Weizong Huang (“Huang”) and Xiaohua Li (“Li”) (collectively, “Plaintiff”) to produce documents requested in Defendant's Request for Production (“RFP”) (Set One) pursuant to C.C.P. §2031.310. (Notice of Motion, pgs. 1-2.) Defendant also requests monetary sanctions in the amount of $2,200 in connectio...
2022.07.14 Motion to Set Aside Default 307
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.14
Excerpt: ...ide Default Defendant Stephen Snyder (“Defendant”) moves the Court to set aside the default entered against him on July 2, 2021 as to the Complaint. The court notes that Defendant's motion to set aside is moot, as Plaintiff Mary Elizabeth Wade (“Plaintiff”) filed the First Amended Complaint (“FAC”) after default was entered against Defendant as to the Complaint. Accordingly the Court orders the default entered as to the complaint vaca...
2022.07.12 Motion to Strike FAC 835
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.12
Excerpt: ...Leon Elster, Inc. (“LEI”) (“Defendants”) move for an order striking the first amended complaint (“FAC”) of Plaintiff Leon Elster on behalf of himself and other shareholders of Leon Inc. (“Plaintiff”) in its entirety based on Plaintiff's failure to comply with the Court's January 7, 2022 ruling compelling Plaintiff to add indispensable party Leon Elster, Inc. Defined Benefit Pension Plan (“Pension Plan”) as a defendant within 1...
2022.07.08 Motion for Judgment on the Pleadings 074
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.08
Excerpt: ...or judgment on the pleadings as to the 1 st (declaratory relief) and 2 nd (equitable estoppel) causes of action in the complaint of Plaintiffs Integral Associates Dena, LLC (“Integral”) and Harvest of Pasadena, LLC (“Harvest”) (collectively, “Plaintiffs”). The Court notes in opposition Plaintiffs concede “equitable estoppel” is not a valid cause of action and argue that they intended to assert a cause of action for promissory esto...
2022.07.08 Demurrer, Motion to Strike 315
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.08
Excerpt: ...n to strike is moot. A. Demurrer Defendants Raydien Wu, erroneously sued as Mr. R. Wu, (“Raydien”) and Ming Ping Wu, erroneously sued as Mr. M. Wu, (“Ming”) (collectively, “Defendants”) demur to the 1 st (breach of contract), 2 nd (theft of property), 3rd (retaliatory harassment), and 4 th (intentional infliction of emotional distress (“IIED”)) causes of action in the complaint of Plaintiff Sherman C. White (“Plaintiff”). Defe...
2022.07.05 Petition to Confirm Arbitration Award 855
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.05
Excerpt: ...e corrected Award. Petitioners Patricia Ramirez (“Ramirez”) and Maxres, Inc. (“Maxres”) (collectively, “Petitioners”) petition the Court to confirm the February 10, 2021 Arbitration Award (“Award”) rendered by the Arbitrator the Honorable David H. Brickner (“Arbitrator”) against Respondent Il Ju Hur (“Respondent”) and enter judgment in accordance therewith. (Petition, ¶¶1, 6, 8, 10.) Specifically, Petitioners move the Co...
2022.07.05 Motion to Compel Compliance with Order for Producition of Docs, for Monetary Sanctions 404
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.05
Excerpt: ...ys. Defendant's unopposed request for an award of monetary sanctions against Ball Cross‐ Defendants is granted in the reduced amount of $1,861.65, payable within 10 days. Defendant and Cross-Complainant Gregory Alan Foster (“Foster”) moves to enforce the Court's April 11, 2022 Order (“Order”) against Plaintiff and Cross-Defendant Big Baller Brand, LLC (“BBB”), and Cross-Defendants Lavar Anderson Ball (“Lavar”), Ball Sports Group...
2022.07.05 Motion for Attorney Fees 508
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.05
Excerpt: ...s trustee of Frederick S. Latsko Declaration of Trust dated November 30, 2006 (“Defendant”) in the total amount of $378,052.50 purportedly reflecting $249,435 of fees incurred plus $2,600 in fees anticipated to be incurred ($252,035 total), plus a lodestar enhancement multiplier of 1.5, equal to an enhancement of $126,017.50. (Notice of Motion, pg. 2, Motion, pg. 7.) The Court notes the invoice attached as Exhibit A does not include the 4 hou...
2022.07.01 Motion to Strike Amended Judgment, Application to Seal 666
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.07.01
Excerpt: ...set forth in the Amended Judgment of Defendant Midwell Estates Holdings Company (“Midwell”) against Plaintiff. (Notice of Motion, pg. C.P. §473(b). [The Court notes while the Notice of Motion refers to striking the Amended Judgment in its entirety, the motion makes clear that Plaintiff seeks to strike the costs awarded in Midwell's favor in the Amended Judgment, the key difference between it and the initial Judgment.] In addition, on June 15...
2022.06.30 Motion to Transfer Venue 181
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.06.30
Excerpt: ...ysco Corporation (“Sysco Corp.”) moves for an order transferring venue from the Los Angeles Superior Court to the Riverside County Superior Court, pursuant to C.C.P. §§395, 395.5, 397 and Gov. Code §12965(a). (Notice of Motion, pg. 2.) Defendant also requests an award of reasonable expenses and attorneys' fees against Plaintiff Christine L. Westfall (“Plaintiff”) and her counsel Strategic Legal Practices, APC (“SLP”) in the amount ...
2022.06.30 Motion to Set Aside Entry of Default 965
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.06.30
Excerpt: ...cate the default entered against her in this action brought by Plaintiff Mary Basurto (“Plaintiff”) pursuant to C.C.P. §473(b). Defendant moves to vacate the default on the grounds it was taken as the result of Defendant's inadvertence, surprise, mistake, or excusable neglect. (Motion, pg. 1-2.) Background On October 29, 2021, Plaintiff filed her complaint against Defendant, her daughter, alleging causes of action for resulting trust, constr...
2022.06.30 Motion for Summary Judgment, Adjudication 965
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.06.30
Excerpt: ...(collectively, “Defendants”) move for summary judgment against Plaintiff Edna Herrarte-Giron (“Plaintiff”) on the first amended complaint (“FAC”). In the alternative, Defendants move for summary adjudication on the 1 st (negligence) [Issues Nos. 1‐3] and 2 nd (premises liability) [Issues Nos. 4‐6] causes of action. Specifically, Defendants moves for summary adjudication of both causes of action on the following overlapping issues:...
2022.06.29 Motion to Compel Further Responses 375
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.06.29
Excerpt: ...oves to compel Defendant Arconic, Inc. (“Defendant” or “Arconic”) to provide further responses to Special Interrogatories (Set One) Nos 1-151. Plaintiff also requests an award of monetary sanctions against Defendant and its attorneys of record in the total amount of $5,500. In opposition, Defendant requests monetary sanctions against Plaintiff in the amount of $3,268. (Opposition, pg. 19.) Plaintiff's 9/7/21 request for judicial notice is...
2022.06.28 Motion for Final Approval of Class Action Settlement 082
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.06.28
Excerpt: ...n error, Court directs Plaintiff file an amended Proposed Judgment that removes references to “Atticus” and instead refers to the administrator as Simpluris, within 5 court days; or provide an explanation as to Atticus's role in the instant action. Plaintiff Mario Salgado (“Plaintiff” or “Named Plaintiff”) moves for an order granting final approval of the proposed settlement with Defendants Positive Investments, Inc. (“Defendant”)...
2022.06.28 Motion for Attorney Fees 353
Location: Los Angeles
Judge: Bachner, Monica
Hearing Date: 2022.06.28
Excerpt: ...rmerly known as Kia Motors America, Inc., (“Defendant”) in the total amount of $560,702.25 reflecting $373,801.50 of fees incurred plus a lodestar enhancement multiplier of 0.5, equaling $186,900.75 (Notice of Motion, pg. i.) The Court notes the Notice of Motion also refers to Plaintiff's costs request; however, costs were addressed and awarded in the reduced total amount of $73,312.06 in the Court's June 22, 2022 Ruling on Defendant's Motion...

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