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2024.03.13 Application for Entry of Default Judgment 456
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2024.03.13
Excerpt: ...25, 2024. The request for default judgment contains several problems which prevent the Court from entering the requested judgment at this time. · First and most dispositively, Plaintiff's operative complaint contains no amount of damages or attorney fees prayed for. There are no particulars in the complaint from which a defaulting party could ascertain the damages sought. The Court cannot enter a judgment in an amount exceeding that demanded in ...
2024.03.07 Motion to Compel Arbitration 203
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2024.03.07
Excerpt: ...ring which employment Defendants committed various violations of labor law. Defendants move to compel Plaintiff to submit his claims to binding arbitration pursuant to an arbitration agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party the...
2023.12.04 Motion to Compel Binding Arbitration 448
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.12.04
Excerpt: ...o an agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate t...
2023.09.29 Demurrer 920
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.09.29
Excerpt: ...idually and as trustee of the Trust) (collectively, Defendants). Plaintiff alleges that Defendants own and operate a residential hotel in which they engage in a “28-day shuffle,” wherein tenants were required to move out temporarily before 30 days of occupancy to prevent the tenants from obtaining certain protections and tenancy rights. Plaintiff brings causes of action for violation of Civil Code §§ 1940.1 and 52.1, for negligence, and und...
2023.09.19 Motion for Preliminary Approval of Class Action Settlement 544
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.09.19
Excerpt: ... This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge and research attorney rev...
2023.09.13 Motion to Compel Arbitration 717
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.09.13
Excerpt: ... of labor law. Defendant BluSky Restoration Contractors LLC (Defendant) moves to compel Plaintiff to submit her individual claims to arbitration, dismiss her class claims, and stay any remaining claims pursuant to an arbitration agreement Plaintiff signed (the Agreement). The motion is unopposed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the exist...
2023.08.07 Motion for Preliminary Approval of Class Action Settlement 241
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.08.07
Excerpt: ...having to be continued. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge an...
2023.07.21 Motion to Compel Arbitration 374
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.07.21
Excerpt: ... (2019) 34 Cal.App.5 th 1056, 1071. This is a proposed employment class action. Plaintiff Bianca Ball (Plaintiff) alleges that she and others were employed by defendants CDC Restaurant Group, Inc. (CDC) and Jeremiah Cillpam (collectively, Defendants), during which employment Defendants committed various violations of labor law. Defendants moved to compel Plaintiff to submit her claims to arbitration, including her class claims, pursuant to an arb...
2023.06.30 Motion to Compel Arbitration 767
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.06.30
Excerpt: ...ed by defendant Midas Trucking (Defendant), during which employment Defendant committed various violations of labor law. Plaintiff also alleges that Defendant wrongfully terminated him, retaliated against him, and defamed him. Defendant moves to compel Plaintiff to submit his individual claims to arbitration and to dismiss his class and non-individual PAGA claims pursuant to an arbitration agreement Plaintiff signed (the Agreement). Legal Standar...
2023.06.02 Motion to Compel Arbitration 374
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.06.02
Excerpt: ...ants), during which employment Defendants committed various violations of labor law. Defendants move to compel Plamtiffto submit her claims to arbitration, including her class claims, pursuant to an arbitration agreements Plaintiff signed (the Agreement). Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:i On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a ...
2023.05.31 Motion to Compel Arbitration 806
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.05.31
Excerpt: ...ual claims to arbitration and to dismiss his class pursuant to an arbitration agreements Plaintiff signed (the Agreement). On April 20, 2023, the Court continued the hearing on the motion to allow supplemental briefing on the issues of 1) Defendants standing to enforce an agreement by "Subaru Pacific" when the fictitious business name registration had apparently expired and 2) Plaintiff being equitably estopped to deny the operation of the Agreem...
2023.04.13 Motion to Compel Arbitration of Individual Claims 414
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.04.13
Excerpt: ...lass claims are dismissed. Counsel for Plaintiff should be prepared to address its intentions regarding Defendant Well Care. This is a wage-and-hour proposed class and private attorney general (PAGA) action. Plaintiff Florencio Legaspi (Plaintiff) alleges that he and others were employed by defendants LaVista Congregate Living Health Facility, Inc., Paradise Point Care Center, Inc., and Well Care Congregate Living Health Facility, Inc. (Defendant...
2023.04.06 Motion to Compel Arbitration of Individual Claims 045
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.04.06
Excerpt: ...n. Plaintiff William Davis (PlaintifO alleges thathe and others were employed by defendant CPHS Holdings, Inc„ doing business as Cedars Sinai Marina Del Rey Hospital (Defendant), during which employment Defendant committed various violations of labor law. Defendant moves to compel Plaintiff to submit his individual claims to arbitration, and to dismiss his class and non-individual PAGA claims, pursuant to an arbitration agreement (the Agreement...
2023.03.10 Motion for Preliminary Approval of Class Action Settlement 211
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.03.10
Excerpt: ...eficiencies set forth in the checklist and file all supplemental documents as soon as possible for the Court's review to awid the hearing having to be continued. This checklist provides direction on what information and argument the court requires to grant a moton for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the...
2023.03.03 Motion for Preliminary Approval of Class Action Settlement 420
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.03.03
Excerpt: ...on for Preliminary Approval. With all the bolded items addressed, the Motion should be granted when next before the court. The amount of attorney's fees and service award will be determined at the time of final approval. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comp...
2023.02.24 Motion to Compel Arbitration 091
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.02.24
Excerpt: ...s may enforce arbitration agreements. This is a wage-and-hour proposed class action. Plaintiff Raffi Aghiarian (Plaintiff) alleges that he and others were employed as mechanics by defendant Miller-DM Inc., doing business as Mercedes Benz of Beverly Hills (Defendant), during which time Defendant committed various violations of labor law against him and other putative class members. Background Plaintiff began his employment on or about April 5, 201...
2023.02.22 Motion for New Trial, for Entry of Differenet Judgment 309
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.02.22
Excerpt: ...herefore not entitled to a new trial due to newly discovered evidence or surprise. The amount of the indemnity this Court ruled on was not excessive, because the only finding on the Regents' negligence was that it was zero. The Court's observation that Icon West had refused to defend the Regents prior to the Regents settling with Plaintiff cannot constitute an error in law, because the Court did not rely on that observation in ruling on the judgm...
2023.01.30 Motion for Preliminary Approval of Class Action Settlement 399
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2023.01.30
Excerpt: ... to correct the deficiencies set forth in the checklist and file all supplemental documents as soon as possible for the Court's review to avoid the hearing having to be continued. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the cas...
2022.11.30 Motion to Compel Arbitration 568
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.11.30
Excerpt: ...lass claims and appear to be proceeding to arbitration of the individual claims. Defendant Budget Wireless California, LLC (Defendant) now moves in this action to compel plaintiff Michelle Mejia (Plaintiff) to arbitrate her individual PAGA claims, and to dismiss her representative PAGA claims. Plaintiff worked as a manager for Defendant beginning in June 2020. At that time, she signed an arbitration agreement (the Agreement). She stopped working ...
2022.11.09 Motion for Final Approval of Class Action Settlement, for Attorney Fees 591
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.11.09
Excerpt: ...s declaration (Dec. of Singh at ¶ 11) states that there were 3 valid requests for exclusion out of 4 total (1 being a duplicate). However, she doesn't specify the names. She merely attaches the long package of documents (see Exhibit B to Singh Decl.) that Objectors' counsel submitted that were intended to encompass the opt-outs as well as the objections. The cover sheet for the contents that Objectors' counsel sent to the administrator (see page...
2022.10.26 Motion to Compel Arbitration, Dismiss Class Claims and Representative PAGA Claims 100
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.10.26
Excerpt: ...ants Surgical Neurophysiology, Inc. (SNI) and Vahid Soltani (collectively, “Defendants”) move to compel plaintiff Mana Hamzeh, also known as Ashley Amirhamzeh (“Plaintiff”) to submit her individual claims to arbitration, including her individual PAGA claims, and to dismiss her class claims and representative PAGA claims. Preliminarily, the Court notes that there was apparently some problem with the electronic filing of Plaintiff's opposit...
2022.08.25 Opposition to Claim of Exemption 584
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.08.25
Excerpt: ...to the computer. Plaintiff and judgment creditor Vickers Holding & Finance, Inc. (“Plaintiff”) opposes the claims of exemption of defendants Jossiv Kim and Angelina Kim (“Defendants”) and their son, Alex Anton Kim. Because Alex Anton Kim has the same last name as Defendants, the Court will at times refer to him as “Alex.” No disrespect is intended. Background The Court entered judgment against Defendants on November 6, 2018. On March ...
2022.06.29 Motion for Attorney Fees 119
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.06.29
Excerpt: ... fees against plaintiff and cross-defendant LP Kilts, LLC (“LP Kilts”) and cross-defendants Rick Luthra and Farid Popal. Pertinent Background This action arises out of a dispute between LP Kilts and Slauson over a property in Northridge that LP Kilts leased from Slauson in order to operate a sports bar. LP Kilts contended that Slauson and affiliated parties made false representations to induce it to lease the property and otherwise breached t...
2022.06.20 Motion for Preliminary Approval of Class Action Settlement 213
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.06.20
Excerpt: ... placed off calendar. Your hearing date set for June 20, 2022, is continued to the first available date of October 03, 2022, at 10:30 a.m. in Department 1. No need to appear on June 20, 2022. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applie...
2022.04.20 Motion to Tax Costs 361
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.04.20
Excerpt: ... September 10, 2015 Moving Party: Defendant and Cross-Complainant Ford E.C., Inc. (“Defendant”) Responding Party: Plaintiff Eccono Tree Care (“Plaintiff”) Ruling: Motion granted in part. Costs awarded in the reduced amount of $1,288.01. Background Plaintiff's operative First Amended Complaint alleges as follows. This is a business dispute concerning certain tree work done on the Wilmington Drain Multiuse Project (the “Project”). Ford ...
2022.04.12 Demurrer 234
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.04.12
Excerpt: ...Demurrer overruled in its entirety. Defendant Lisa Fancher (“Fancher” or “Defendant”) demurs to Plaintiff Louis Mayorga's (“Plaintiff”) Order to Show Cause for Contempt filed on January 31, 2020. Pertinent Factual and Procedural Background This case concerns a dispute between Plaintiff and Defendant over royalties due to Plaintiff based on his work in the band Suicidal Tendencies. On August 13, 2019, the Court issued an order on Plain...
2022.03.23 Motion for Reconsideration, for Attorney Fees, Anti-SLAPP 545
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2022.03.23
Excerpt: ...signed by the Court was a final adjudication as to Siegrist, from which no motion for reconsideration may lie. Plaintiffs Chop Won Park and Bonnie Nguyen (“Plaintiffs”) move for reconsideration of the November 26, 2019 order granting the Section 425.16 Anti-SLAPP motion of defendant David Torres- Siegrist (“Siegrist”). Background This is an action for fraudulent transfer, quiet title, and declaratory relief. Plaintiffs allege as follows. ...
2021.10.20 Motion to Compel Arbitration, to Stay Action 354
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.20
Excerpt: ...rbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code of Civ. Proc. §1281.2, subds. (a), (b).) Under California law, arbitration agreements are valid, irr...
2021.10.20 Motion to Compel Arbitration 966
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.20
Excerpt: ... for Judicial Notice on the ground that courts may not take judicial notice of the truth of the matters stated therein. The Court grants Plaintiff's Request for Judicial Notice pursuant to California Evidence Code section 452 subdivision (d) as court records. B. Objections The Court sustains FCA's evidentiary objections numbered 1, 2, 3, 4 and 5 to the declaration of Daniel Law. C. Arbitration Agreement There does not appear to be a dispute that ...
2021.10.20 Motion for Protective Order 055
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.20
Excerpt: ...ng $300,000.00 through a loan for a total purchase price of $565,000.00. (Id. ¶ 6.) Plaintiff and her former husband separated in January of 2016. (Id. ¶ 8) Plaintiff and Defendant began a romantic relationship in 2016, and on June 21, 2016, Defendant moved into the subject property and took over management of Plaintiff's finances, utilities, taxes, legal documents, and mail. (Id. ¶ 10.) Plaintiff had received similar assistance from her forme...
2021.10.19 Demurrer, Motion to Strike 153
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.19
Excerpt: ... meet and confer requirements set forth in Code of Civil Procedure §§ 430.41 and 435.5. (Martin Decl. ¶¶ 3-5; Exhs. A-B.) Demurrer Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In ...
2021.10.18 Motion to File FAC and Supplemental Complaint 516
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.18
Excerpt: ...ummary adjudication. TENTATIVE RULING Plaintiffs' motion for leave to file a Third Amended and Supplemental Complaint and Defendant's request to continue trial until March 1, 2022 at 10:00 AM, with a Final Status Conference on February 22, 2022 at 10:00 AM, are granted, provided that both parties stipulate to extend the 5-year rule through and including December 31, 2022. Plaintiffs are to file their Third Amended and Supplemental Complaint withi...
2021.10.14 Demurrer 911
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.14
Excerpt: ...a proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim aga...
2021.10.13 Motion for Terminating, Issue, and Evidentiary Sanctions 456
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.13
Excerpt: ...ttached as Exhibits 3, 4, 14 to the moving papers) obtained by Plaintiff are true and correct copies of lintonimmigration.com. Defendant and Defense counsel, jointly and severally, are ordered to pay monetary sanctions in the amount of $4,000 within 30 days of this order. Plaintiff's request pursuant to California Rules of Court, rule 3.1306 to introduce testimonial evidence is DENIED. ANALYSIS Plaintiff Immigration Rights Defense Council, LLC (�...
2021.10.12 Motion to Compel Further Responses 592
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.12
Excerpt: ...court declines to award sanctions. ANALYSIS Legal Standard Interrogatories On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of thos...
2021.10.08 Motion to Stay Proceedings 087
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.08
Excerpt: ...and Emergency Preparedness Act (“PREP Act”) confers exclusive federal jurisdiction to the claims; (2) as pleaded, Plaintiffs' Complaint raises a substantial federal question; and (3) federal jurisdiction is present based on the Federal Officer Removal Statute. On March 25, 2021, the Honorable Judge Dale Fischer of the United States District Court for the Central District of California issued an Order remanding the case to the Los Angeles Coun...
2021.10.08 Motion to Compel Further Responses 607
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.08
Excerpt: ...y may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) A motion to compel further responses to a request for production “shall set forth specific...
2021.10.05 Motion for Determination of Good Faith Settlement 793
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.10.05
Excerpt: ... into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fau...
2021.09.02 Motion for Attorney Fees 525
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.09.02
Excerpt: ...,958.47 in costs, for a total of $60,828.47. Plaintiff Rami Ramez Kranfli (“Plaintiff”) moves for an award of attorney fees and costs against defendant Ford Motor Company (“Defendant”). Background This is a case arising under the Song-Beverly Act (the “lemon law”). Plaintiff alleges that in 2016, he purchased a new Ford C-MAX Energi which contained defects that Defendant was unable to remedy, and that Defendant did not replace the veh...
2021.08.25 Motion for Summary Adjudication 125
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.25
Excerpt: ...Davidyan Ruling: Motion for summary adjudication granted as to the first, second, third, fourth, fifth, and eighth causes of action. Motion denied as to the sixth and seventh causes of action, and as to summary judgment overall. Cross-Defendants Carlton D. Edwards, Juanita D. Edwards, [1] and Pasadena Community Christian Fellowship Church (“Fellowship”) (collectively, the “Edwards Parties”) move for summary judgment or summary judication ...
2021.08.19 Motion to Set Aside Entries of Default 122
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.19
Excerpt: ...LLC Ruling: Defendants' motion to set aside entries of default based on section 473, subdivision (b)'s mandatory provision is granted. The responsive pleading(s) should be filed forthwith as separate documents. Defendants are ordered to pay plaintiff $21,062 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants Yuk Sin Yuen and 158 Global Management...
2021.08.17 Motion to Set Aside Defaults 479
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.17
Excerpt: ...es: Plaintiffs Companion Animal Protection Society and Alexis Sandoval Ruling: Motion granted. The Court will set aside Defendants' defaults. Defendants and their counsel are to pay $4,295.50 to Plaintiffs through their counsel within 30 days. Defendants Puppy Heaven, Inc., Ben Eshel a/k/a Ben Ashel, Keren Eshel a/k/a Keren Ashel, Michal Eshel a/k/a Michal Ashel (“Defendants”) move to set aside their defaults and permit them to file a demurre...
2021.08.17 Motion to Set Aside Defaults 123
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.17
Excerpt: ...ng. Defendants AWBCO, LLC and SBS Trust Deed Network (“Defendants”) move to set aside their defaults in this action. Plaintiff Vista Land LLC (“Plaintiff”) opposes. Legal Standards Under Code Civ. Proc. § 473(b), The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise,...
2021.08.17 Demurrer, Motion to Strike 055
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.17
Excerpt: ...hin 20 days of this order. Defendant Gerald Platt (“Defendant”) demurs to and moves to strike portions of the second amended complaint (“SAC”) of plaintiff Anna Kristina Becher (“Plaintiff”). SUMMARY OF COMPLAINT AND CASE STATUS Plaintiff alleges as follows. In mid-2016, Defendant took over Plaintiff's financial affairs following Plaintiff's divorce from her husband. Following the divorce, Plaintiff became the sole owner of her reside...
2021.08.13 Motion to Compel Further Responses 368
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.13
Excerpt: ...nterrogatories 1, 2, 12, 38, 47, 49, 50, 54 and 59 as further set forth herein within 30 days. Plaintiff Saif Hussain (“Plaintiff”) moves to compel further responses to his special interrogatories, set two from defendant Los Angeles Unified School District (“LAUSD” or “Defendant”). Background This is an employment discrimination case. Plaintiff alleges as follows: LAUSD hired him as a supervising structural engineer. He performed his ...
2021.08.13 Motion for Summary Judgment, Adjudication 282
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.13
Excerpt: ...r summary adjudication is denied as to the first and second causes of action, and granted as to the third and fourth causes of action. Defendant Sarah Stuppi (“Defendant”) moves for summary judgment or summary adjudication as to Plaintiff Courtney Noel Finney's (“Plaintiff”) Complaint as Administrator of the Estate of Nancy Underwood (aka Nancy Westrup). Objections to Evidence Defendant objects to evidence submitted by Plaintiff in suppor...
2021.08.12 Motion to Purge Contempt 306
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.12
Excerpt: ...y 6, 2020 sentencing order is extended to January 24, 2022. The request to purge the contempt and the request to modify or purge the sentencing order are denied. Defendants and Judgment Debtors Marina Demirchyan and Grigor Demirchyan (“Defendants”) move alternatively to 1) purge the civil contempt order dated December 17, 2019; or 2) purge the sentencing order issued in February, 2020; or 3) maintain the current stay on the sentencing order u...
2021.08.09 Motion for Leave to File Amended Complaint 623
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.09
Excerpt: ...move for leave to file a first amended complaint (“FAC”) against defendant Gary Stein (“Defendant”). Background This is a landlord-tenant dispute between Plaintiffs and Defendants over a property in Malibu (the “Property”) Defendant rented to Ms. Starr. Plaintiffs allege that the Property was not delivered to them in a habitable condition, that promised repairs were not done, and that Defendant failed to remediate the property. Plaint...
2021.08.06 Motion to Enforce Settlement 838
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.06
Excerpt: ...Ruling: Motion granted. The Court will enter judgment in favor of Plaintiff and against Defendants for the remaining $2,500 per the settlement agreement, as well as $2,258 in fees and costs, for a total of $4,758. Plaintiff to submit a proposed form of judgment for the Court's signature. Plaintiff Andy Ramirez (“Plaintiff”) moves to enforce the settlement agreement between him and defendants Renaissance Construction Group, Inc., Youssef Mikha...
2021.08.05 Motion to Compel Further Responses 172
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.05
Excerpt: ...ponding parties to provide further responses and appropriate productions as set forth herein. Sanctions awarded against responding parties in the amount of $5,695 jointly and severally. Plaintiff Madisonian Films, LLC (“Plaintiffs”) moves to compel further responses to its discovery requests to Defendants 8 Films to Die For, LLC (“8 Films”), Cinelou Holdings, LLC (“Cinelou”), and Courtney Solomon (“Solomon”) (collectively, “Defe...
2021.08.04 Motion to Compel Binding Arbitration 887
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.04
Excerpt: ...Neil Yeschin (“Plaintiff”) to submit this matter to binding arbitration. Background This is a lemon law case pertaining to the purchase of and defects with a 2016 Hyundai Sonata from South Bay Hyundai in Torrance on or about October 1, 2015. In connection with the purchase, Plaintiff signed a sales contract with South Bay Hyundai containing the following arbitration provision (the “Arbitration Provision”): “Any claim or dispute, whether...
2021.08.04 Motion for Attorney Fees 668
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.08.04
Excerpt: ...nants David Edward Rivera, D.C. and David Rivera Chiropractic, Inc. Ruling: Motion granted. The Court will award Cross-Defendant $133,495.50 in attorney fees. Costs to be recovered under the memorandum of costs. Cross-Defendant Chiropractic Health Plan California (“Cross-Defendant”) moves for an award of attorney fees against cross-complainants David Edward Rivera, D.C. and David Rivera Chiropractic, Inc. (collectively, “Cross-Complainants�...
2021.07.30 Motion for Summary Judgment 788
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.30
Excerpt: ...��) moves for summary judgment on Plaintiff Miller Kaplan Arase LLP's (“MKA”) claims for declaratory relief and an accounting. Procedural Background This motion was originally set for hearing on April 6, 2021. At the hearing, the Court did not adopt its tentative ruling, but instead continued the motion to July 30, 2021 to allow for a further deposition of Kogen, and directed the parties to reach a stipulation on further briefing, which the p...
2021.07.29 Motion to Compel Deposition 456
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.29
Excerpt: ...) moves to compel the attendance at deposition of Sebastian M. Medvei (“Medvei”), counsel for plaintiff Immigrant Rights Defense Council, LLC (“Plaintiff”). Background This is a qui tam action brought by plaintiff Immigrant Rights Defense Council, LLC (“Plaintiff”) against defendants Brandi Linton and Luther Linton for violation of the Immigration Consultants Act. In Plaintiff's words, it is “Plaintiff is a non-governmental organiza...
2021.07.29 Demurrer, Motion to Strike 541
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.29
Excerpt: ... within 20 days. Defendant Integon National Insurance Company (“Defendant” or “Integon”w) demurs to the second cause of action contained in the complaint of plaintiff Ronald Villalta (“Plaintiff”) and moves to strike portions of the complaint. Background This is an insurance bad faith case. Plaintiff Ronald Villalta (“Plaintiff”) alleges as follows. In 2018, Plaintiff went to Sacramento Auto Insurance Center (“Sacramento”) to ...
2021.07.28 Demurrer 659 (2)
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.28
Excerpt: ...ion for constructive trust and overruled as to all other grounds and causes of action. Allstate to answer within 20 days. Motion to sever denied without prejudice. Defendant Allstate Insurance Company (“Allstate”) demurs to the Third Amended Complaint of the plaintiffs in this matter (“Plaintiffs”), or, in the alternative, moves for severance of Plaintiffs' claims pursuant to Code Civ. Proc. §§ 378, 379.5, and 1048. Background This is a...
2021.07.27 Motion to Quash Service of Summons 228
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.27
Excerpt: ...s entirety. The Court will exercise personal jurisdiction over Mirtech and Applications Technologies. Specially appearing defendants Mirtech, Inc. (“Mirtech”) and Applications Technologies, Inc. (“Applications Technologies” or “AT”) move the Court to quash service of summons upon them on the ground that the Court has no personal jurisdiction over them. Plaintiffs Joseph Ross and Ross International (“Plaintiffs”) oppose. Background...
2021.07.26 Motion to Quash Service of Summons, to Stay or Dismiss Matter 351
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.26
Excerpt: ...Kelly (“Kelly”) moves to quash service of summons on the ground that the Court has no personal jurisdiction over him. Background This is a dispute over the financing of a feature film. Plaintiffs Blue X, LLC (“Blue X”), Jeff Gum, and Debbie Sherman (“Plaintiffs”) allege that defendants Kelly and Rob Weston made representations to Gum and Sherman that a famous actor was to appear in the film, and that Gum and Sherman would be given sig...
2021.07.26 Motion to Compel Further Responses 512
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.26
Excerpt: .... Motion to Compel Further Responses to Requests for Production, Set Two Plaintiff moves to compel further responses from Defendant to Plaintiff's Requests for Production, Set Two, for compliance, and for sanctions against Defendant. A motion to compel further production must set forth specific facts showing good cause justifying the discovery sought by the inspection demand. (See Code Civ. Proc., § 2031.310(b)(1).) It is not necessary for the m...
2021.07.22 Petition to Compel Binding Arbitration 626
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.22
Excerpt: ...t selects the Hon. Arnold Gold (ret.) to arbitrate this dispute, and the parties are ordered to arbitrate this matter before Judge Gold in accordance with their arbitration agreements. The litigation is stayed pending the outcome of the arbitration. Petitioner Friedman & Friedman, P.C. (“Petitioner”) petitions the Court to compel binding arbitration between it and respondent Arman Gharib, a.k.a. Khosrow Gharib (“Respondent”), and to selec...
2021.07.21 Demurrer, Motion to Strike 902
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.07.21
Excerpt: ... in its entirety. Motion to strike granted in part, striking the portion of the prayer relating to pre-judgment interest. Motion to strike otherwise denied. Attorney Defendants to answer within 20 days. Defendants Wang IP Law Group, P.C., Tommy Songfong Wang, Robert Grandon, and David Silver (“Attorney Defendants”) demur to the first amended complaint (“FAC”) of plaintiff KG Investment, LLC (“Plaintiff”) and move to strike portions th...
2021.06.29 Demurrer 055
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.29
Excerpt: ...se Daniel Martinez for $43,323.67. On April 9, 2008, Plaintiff recorded an abstract of judgment against all property, including 13263 Dronefield Ave., Sylmar, which defendant acquired via quitclaim deed on January 31, 2006. On July 3, 2017, Judgment Debtor sold the property to Defendant AIAA Home Holdings, LLC. On September 28, 2017, Plaintiff renewed the judgment, which totaled $85,935.17. Plaintiff alleges the renewal was timely, due to the fil...
2021.06.29 Motion for Attorney Fees 821
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.29
Excerpt: ...Sepulveda Blvd., Mission Hills. Due to alleged mismanagement of the funds and budget for the rehabilitation of the building, Plaintiff Area J purchased the building for $2.7 million. Plaintiff Harbor Recuperative Care, LLC also purchased certain assets within the building. October 1, 2017, Defendant Hope of the Valley commenced a one-year lease of the premises from Area J, LLC. Defendant Ken Craft executed the lease as chief executive officer and...
2021.06.29 Motion to Set Aside Default, Demurrer 625
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.29
Excerpt: ...and costs awarded. Yoo to file her answer as a separately filed document within 10 days. Defendant and Cross-Complainant Hannah Yoo (“Yoo”) moves to set aside the default requested by plaintiff Jin Young Kim (“Plaintiff”) which was entered on December 2, 2020. Under Code Civ. Proc. § 473(b), The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceed...
2021.06.28 Demurrer 138
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.28
Excerpt: ...otion to strike is moot. Plaintiff to file a first amended complaint within 20 days. Defendant 1444 W 28, LLC (“Defendant”) demurs to the fifth, eighth, and ninth causes of action in the complaint of plaintiff David Weidman (“Weidman”) on the ground that it fails to state causes of action and is uncertain, and moves to strike certain portions thereof. Background This is a landlord-tenant dispute. Plaintiff contends that Defendant failed t...
2021.06.25 Demurrer 677
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.25
Excerpt: ... with 30 days leave to amend Defendants Gonzalo Gomez, Escrow of Excellence (“Excellence Escrow”) and Excellence RE Real Estate, Inc. (“Excellence RE”) (collectively, “Defendants”) demur to the complaint of plaintiff Bernabe Minero (“Plaintiff”). Background As the Court understands it, [1] this is a dispute between Plaintiff, on the one hand, and his son Jose Minero and wife Mayela Gonzalez, on the other hand. Plaintiff had an agr...
2021.06.24 Motion for Summary Adjudication 065
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.24
Excerpt: ...�) moves for summary adjudication of its claim for breach of promissory note against defendants Bolmex Financial Group, Inc. (“Bolmex”) and Jose Tariffa (collectively, “Defendants”). Background This case arises out of a construction project located at 12509 W. Sunset Blvd., Los Angeles, CA 90049 (the “Property”). Plaintiff alleges it was an investor in the project, which was to be managed by Defendants, and on which defendant Rodrigo ...
2021.06.23 Demurrer, Motion to Strike 030
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.23
Excerpt: ...eductions. Demurrer overruled as to all other claims. Motion to strike denied. Defendant Capstone Logistics, LLC (“Defendant”) demurs to and moves to strike the entirety of the first amended complaint (“FAC”) of plaintiff Corey J. Devine (“Plaintiff”). Background This is a wage-and-hour Private Attorney General action brought by Plaintiff on behalf of himself and others similarly situated under the Private Attorney General Act (“PAG...
2021.06.16 Demurrer 228
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.16
Excerpt: ...ghth, ninth, and tenth causes of action as to International without leave to amend. Demurrer sustained as to the eleventh, twelfth, and sixteenth causes of action with 20 days' leave to amend. Plaintiffs' request to add a cause of action for violation of Labor Code § 1102(c) is denied without prejudice. Defendant Mirtech, Inc.'s motion to quash is off calendar as moot. Defendants Scott M. Keller, Nazir Mir, and Freshtech (collectively, “Defend...
2021.06.10 Motion to Deem RFAs Admitted, for Terminating Sanctions 125
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.10
Excerpt: ...dyan Ruling: Motions denied. Cross-Defendants ordered to meet and confer with Cross- Complainant on the responses which have been provided and, if necessary, schedule an informal discovery conference with the Court. Cross-Defendants Carlton D. Edwards, Juanita D. Edwards, and Pasadena Community Christian Fellowship Church (collectively, “Cross-Defendants”) move to deem requests for admissions admitted, and for terminating sanctions against cr...
2021.06.09 Motion for Summary Judgment, Adjudication 106
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.09
Excerpt: ... Moore and for summary adjudication on the fifth, sixth, and seventh causes of action as to Paula Marie Moore. Motion for summary judgment and summary adjudication is denied as to all other issues and causes of action against Kathy Ann Moore Sausedo and Robert M. Sausedo. Defendants Kathy Ann Moore Sausedo (“Kathy”), [1] Robert M. Sausedo (“Robert”), and Paula Marie Moore (“Paula”) (collectively, “Defendants”) move for summary jud...
2021.06.09 Demurrer 065
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.09
Excerpt: ...d as to all causes of action with 20 days leave to amend. Cross-defendants Justin Bodiya and John Barrett (“Cross-Defendants”) demur to the first amended cross- complaint (“FAXC”) of cross-complainants Bolmex Financial Group, Inc. (“Bolmex”) and Jose Tariffa (collectively, “Cross-Complainants”). Background This case arises out of a construction project located at 12509 W. Sunset Blvd., Los Angeles, CA 90049 (the “Property”). P...
2021.06.08 Motion for Summary Judgment 800
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.08
Excerpt: ...int an appraiser. Following an appeal, the parties stipulated to the appointment of an appraiser and agreed that the appraisal process should be stayed pending the Court's resolution of the dispute about the method of appraisal. The parties also stipulated to filing cross-motions for summary judgment. On March 5, 2021, Douglas Emmett and I&G each filed a motion for summary judgment of the cross-complaint. BACKGROUND FACTS Douglas Emmett owns and ...
2021.06.08 Demurrers, Motions to Strike 321
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.08
Excerpt: ... Psykyssyanna Hart and Jesse Morgan Ruling: Demurrers overruled. Motions to strike denied. Plaintiffs to amend within 30 days of this order to set forth the probate court's findings. Demurrers Defendants Walgreens Company (“Walgreens”), American Protection Group, Inc. (“APG”) and Donald Vincent Ciota II (“Ciota”) (collectively, “Defendants”) demur to and move to strike portions of the third amended complaint (TAC) of plaintiffs Ps...
2021.06.07 Demurrer 644
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.07
Excerpt: ...action and without leave to amend as to the fourth, sixth, seventh, eighth and ninth causes of action. Defendant City of Los Angeles (“Defendant” or the “City”) demurs to the 4 th, 6 th,7th,8th, 9 th and 10 th causes of action of the second amended complaint (“SAC”) of plaintiff Jacqueline Jones (“Plaintiff”). Background Plaintiff, a former employee of Defendant's agency Los Angeles World Airports, has brought this lawsuit allegin...
2021.06.04 Motion to Compel Arbitration 720
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.04
Excerpt: ...��Defendant” or “California Box”) moves to compel plaintiff Esthela Ibarra (“Plaintiff”) to arbitrate her claims against California Box and its co-defendants. Background Plaintiff alleges she was an employee of California Box and co-defendant Istaff Solutions, LLC (“Istaff,” and with California Box, “Defendants”). Istaff is a temp agency. Plaintiff alleges that while employed by Defendants, she was subjected to harassment and ph...
2021.06.03 Motion to Compel Further Responses 887
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.03
Excerpt: ...) moves to compel defendant Hyundai Motors America (“Defendant”) to provide further responses to its Requests for Production Nos. 2, 11, 17, 20, 21, 22, 24, 36, 37, 38, 40, 54, 55, 69, and 70. The parties have met and conferred on these issues, discharging their obligation under Code Civ. Proc. § 2031.310. That said, this is not the first time the parties have involved the Court in motion practice on this same issue, as the parties acknowled...
2021.06.02 Motion to Compel Submission of Claims to Arbitration 008
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.02
Excerpt: ... Gary L. Zuckerman, M.D., P.C. (“Defendants”) move to compel plaintiff Laura Barajas (“Plaintiff”) to submit her claims to arbitration. Background Plaintiff alleges that she was an employee of Defendants in a medical practice beginning in June 2020. In September 2020, she was diagnosed with certain medical conditions and disabilities, and advised her employer that the demands of work had taken a toll on her health. Her employer sent her a...
2021.06.02 Motion to Compel Further Responses 636
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.02
Excerpt: ... compel further responses to her requests for production and form interrogatories from defendant Toi Hundley, a.k.a. Toi Bagnerise (“Defendant”). Background Plaintiff Gloria Chapman alleges that she had a written, notarized agreement with James Hundley, her former husband, to remain a tenant at 7001 7 th Ave. in Los Angeles, California (the “Property”) so long as she paid rent. She alleges that after James Hundley's death, defendants Toi ...
2021.06.01 Motion for Leave to File FAC 305
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.06.01
Excerpt: ...action for strict products liability and a claim for punitive damages is DENIED. Plaintiff Motion for Leave to Amend is GRANTED only as to the scrivener's errors. Plaintiff will be allowed to file a Second Amended Complaint, by using a Judicial Council Form Complaint, only for the purpose of checking off the boxes for wage loss, property damage, and loss of earning capacity. a. Request for Judicial Notice Uber's Request for Judicial Notice as to ...
2021.05.28 Motion to Compel Responses 742
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.28
Excerpt: ...n part. Plaintiff the People of the State of California (“Plaintiff”) moves to compel defendants HRB Digital, LLC (“HRB Digital”) and HRB Tax Group, Inc. (“HRB Tax,” and with HRB Digital, “Block”) to 1) expand its search for responsive documents to include the present; 2) search for documents concerning this or other lawsuits; and 3) include a confidentiality metadata field in its document productions. Background Plaintiff contend...
2021.05.28 Motion for Attorney Fees 412
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.28
Excerpt: ...nda Marie Novovesky-Hixon and David Hixon (“Plaintiffs”) move for attorney fees following an agreement to settle this Song-Beverly action against defendant Kia Motors America, Inc. (“KMA”). Specifically, Plaintiffs seek $59,463 in attorney fees incurred, $3,456.78 in costs and expenses, a .35% multiplier enhancement ($20,812) and $3,500 in anticipated fees in responding to KMA's opposition. Background This case concerns a 2012 Kia Sorento...
2021.05.26 Motion to Compel Arbitration 756
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.26
Excerpt: ...tion of arbitration. Defendants BMW of North America, LLC (“BMW”) and McKenna Motors Torrance, Inc., doing business as South Bay BMW (“South Bay” and with BMW, “Defendants”) move to compel plaintiff Michael S. Kim (“Plaintiff”) to arbitrate his claims against them. A. Evidentiary Objections Plaintiff's objections no. 1-3 are overruled. B. Application of the Federal Arbitration Act (FAA) Defendants assert that Plaintiff's claims ar...
2021.05.25 Motion to Reclassify Case 943
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.25
Excerpt: ...subd. (a)(1).) California Code of Civil Procedure section 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. . . . The court shall grant the motion and enter an order for reclassification, regard...
2021.05.25 Motion to Enter Judgment 398
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.25
Excerpt: ...and 996.480 and Labor Code § 98.2. Background This case is one of a number of related and consolidated matters all now assigned to this court. In or around July 2018, the Labor Commissioner awarded Plaintiff and several of her co-workers over $500,000 against Ojogho and A-1 Soccer Warehouse (“A-1”) for unpaid overtime, denied breaks, and the like. Ojogho and A-1 obtained appellate bonds from Surety as provided by the Labor Code intending to ...
2021.05.25 Demurrer 008
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.25
Excerpt: ...el, “Plaintiffs”) on the ground that its allegations are barred by the statute of limitations. Background Plaintiffs' operative SAC alleges, in pertinent part, as follows. In 2008, Miguel purchased the property located at 7425 Compton Avenue, a.k.a. 1459 E. 75 th St., Los Angeles, California 90001, APN 6021-003-035 (the “Property”). (SAC, ¶¶ 1, 6.) For credit reasons, Miguel took title through his brother, Manuel Rodriguez Chavez (“Ch...
2021.05.24 Demurrer 901
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.24
Excerpt: ...er and Guaranteed Rate, Inc. (“Defendants”) demur to the third cause of action for declaratory relief in the first amended complaint of plaintiff Genevieve Rammelkamp (“Plaintiff”) on the ground that it fails to state a cause of action. Background Plaintiff alleges as follows. In July 2017, Plaintiff approached Defendants to obtain a reverse mortgage for her on certain property in Los Angeles. (First Amended Complaint (“FAC”), ¶ 9.) ...
2021.05.20 Motion to Deem Requests for Admission Granted, to Compel Further Responses 512
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.20
Excerpt: ... for admissions, set three admitted against defendant Mercedes-Benz USA, LLC (“Defendant”) after Defendant failed to serve verified responses to the requests for admissions. No verified responses were served before the hearing. Plaintiff also moves to compel further responses from Defendant to Plaintiff's requests for production, set two. Under Code of Civil Procedure section 2033.280, subdivision (b), if a party to whom requests for admissio...
2021.05.19 Demurrer, Motion to Strike 241
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.19
Excerpt: ...s”) demur to the cross-complaint of Defendant and Cross-Complainant Tacarra Williams (“Cross-Complainant”) on the ground that all causes of action are uncertain, ambiguous, and unintelligible, and fail to state causes of action. Background Cross-Complainant's form pleading alleges the following, in narrative form. In June of 2019, Cross- Complainant suspected that her daughter had suffered abuse at the hands of Cross-Defendant Barton. Cross...
2021.05.18 Demurrer, Motion to Strike 006
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.18
Excerpt: ...ed the parties to meet and confer and to file a joint statement on their meet-and- confer efforts no later three court days beforehand (i.e. May 13, 2021). The Court ordered Defendant to give notice of the ruling. Defendant did not do so, and instead, Plaintiff gave notice on May 7, 2021. On May 11, 2021, Plaintiff's counsel filed a declaration stating that the parties had met and conferred on the arguments in the demurrer, but that as of May 11 ...
2021.05.12 Motion to Consolidate 044
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.12
Excerpt: ...ate is denied. Plaintiff Tigran Kazarian (“Plaintiff”) moves for the court to consolidate this action with CAM Venture I REO, LLC v. Kazarian, Los Angeles Superior Court Case No. 20STUD03100, a limited civil unlawful detainer action also pending in the Superior Court. Requests for Judicial Notice Plaintiff requests that the court take judicial notice of the following: 1. the UD Action was filed on or about June 1, 2020; 2. on November 2, 2020...
2021.05.12 Motion to Compel Further Responses 676
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.12
Excerpt: ...nian Ruling: The motions brought against Defendant Hovannes Sinanian are moot. The motion to compel further responses to form interrogatories against Defendant Hovik Sinanian is granted. Hovik Sinanian shall provide responses without objections within thirty (30) days of this order. Sanctions are imposed against Hovannes Sinanian in the total amount of $2,912.50. Sanctions are imposed against Hovik Sinanian in the total amount of $667.50. Both sa...
2021.05.11 Motion to Compel Further Discovery Responses 526
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.11
Excerpt: ...mpel further responses must always be accompanied by a meet-and confer- declaration (per Code Civ. Proc., § 2016.040) demonstrating a “reasonable and good faith attempt an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2030.300(b), 2031.310(b)(2), 2033.290(b).) They must also be accompanied by a separate statement containing the requests and the responses, verbatim, as well as reasons why a further respons...
2021.05.11 Demurrer, Motion to Strike 631
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.11
Excerpt: ...nded Complaint Moving Party: (1) The Meet Group, Inc. and Initech, LLC (2) Grindr LLC, Grindr Holdings LLC, and San Vincente Acquisition LLC Responding Party: (1)&(2) John Doe Ruling: Defendants' respective demurrers are sustained in their entirety with thirty (30) days leave to amend. The motion to strike is moot. Defendants The Meet Group, Inc. and Initech, LLC (“Growlr”) demur to Plaintiff John Doe's (“Plaintiff”) First Amended Complai...
2021.05.07 Demurrer, Motion to Strike 597
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.07
Excerpt: ...��Defendant”) demurs and moves to strike Plaintiff Bern Benoit's (“Plaintiff”) Complaint. Third Cause of Action for Fraudulent Inducement – Concealment “[T]he elements of an action for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or s...
2021.05.06 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.06
Excerpt: ...portManagement, GbR Ruling: The demurrer is overruled. The motion to strike is denied. Cross-Defendant K2 Promotions, LLC (“Cross-Defendant”) demurs and moves to strike portions of Cross-Complainants Dr. Maximilian Hermann, Oleg Hermann and Hermann SportManagement, GbR's (“Cross-Complainants”) First Amended Cross-Complaint (“FACC”). Demurrer to the Fifth Cause of Action for Equitable Indemnity On July 20, 2020, the court overruled the...
2021.05.04 Motion to Set Aside Entries of Default or Quash Service of Summons 819
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.04
Excerpt: ...ion to set aside the entries of default shall be granted upon the filing of the proposed answer and proof of service of such. Defendants Tao & Josephine Corp., Tao Chen, Alice Lee, Vincent Wu (“Defendants”) move for orders setting aside the entries of default entered against Defendants, and for an order quashing service of summons. Plaintiff Nicholas Chen (“Chen”) objects to the declarations of Vincent Wu, Tao Chen, Alice Lee, and Evie Je...
2021.05.04 Motion for Summary Adjudication 361
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.04
Excerpt: ...tion for summary adjudication is granted in part and denied in part. Ori Zairi shall be dismissed from this action as he is not a party-in- interest. The motion for summary adjudication of Plaintiff's fourth through sixth causes of action is denied. Defendants Ford E.C., Inc., Travelers Casualty and Surety Company of America, and Farmington Casualty Company (“Defendants”) move for summary adjudication of Plaintiff Equery, Inc. dba Eccono Tree...
2021.05.03 Motion to Enforce Subpoena for Production of Docs 608
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.05.03
Excerpt: ...ranted. Petitioners Nalpak I LP, Nalpak II, LP, Nalpak Enterprises LLC, and Peter Xilas (“Petitioners”) petition the court for an order enforcing a certain December 1, 2020 subpoena for the production of documents served on Respondent 1inMM Capital LLC (“Respondent”) pursuant to Code Civ. Proc. § 2029.600. The petition, separate statement, and declaration of Joseph M. Wahl were served on Respondent's agent for service of process in Calif...
2021.04.29 Demurrer 083
Location: Los Angeles
Judge: Rice, Stuart
Hearing Date: 2021.04.29
Excerpt: ...lewood (“Defendant”) demurs to the fifth cause of action for battery, sixth cause of action for negligence, and seventh cause of action for negligent hiring, supervision, or retention of employee of Plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint. Fifth & Sixth Causes of Action: Battery and Negligence “Whether a tort was committed within the scope of employment is ordinarily a question of fact; it becomes a question of law, h...

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