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2020.09.29 Motion for Discovery Referee or to Compel Further Deposition of PMK 488
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.29
Excerpt: ...er to compel the continued deposition of Exodus' PMK pursuant to Code of Civil Procedure section 2025.480(a). Plaintiff seek a discovery referee for the limited purpose of supervising the PMK deposition to prevent further alleged misconduct by Exodus' counsel. Plaintiff also seeks sanctions under Code of Civil Procedure sections 2025.450(g)(1) and 2025.480(j) for Exodus' failure to produce a knowledgeable, qualified, and prepared PMK at the Decem...
2020.09.29 Demurrer, Motion to Strike 685
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.29
Excerpt: ...on, (4) fraud, (5) and action on contractor's bond. Plaintiff alleges that some of the defendants failed to complete the work on solar panels for 200 N. Rockingham, Los Angeles, CA 90049. Defendant George Mason McEachran filed a demurrer and a motion to strike. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determin...
2020.09.25 Motion to Quash Service of Summons 095
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.25
Excerpt: ...on or about the evening of July 28, 2015 and into the morning of July 29, 2015, at the Camps Bay Retreat Hotel in Cape Town, South Africa. (Compl. ¶ 1.) Plaintiffs assert that jurisdiction and venue is proper “because, among other reasons, Gabriela—the murder victim —resided in Los Angeles County when she was murdered, because both Plaintiffs also resides in Los Angeles County, because Defendant owns a residence in Los Angeles County, and ...
2020.09.24 Motion for Protective Orders 502
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.24
Excerpt: ...n Fox filed separate motions for protective orders on August 31, 2017, and October 20, 2017, respectively. Non-parties Lily Chandler and Tabitha Rose Marks filed their joint motion for a protective order on June 12, 2017. Fox seeks a protective order under Code of Civil Procedure sections 2017.020, 2019.030, 2023.010, and 2025.420 requesting that the deposition of Marion Fox: (1) be taken at a different time after the December 5, 2017 hearing on ...
2020.09.24 Demurrers, Motions to Strike 334
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.24
Excerpt: ... to substitute Doe 22 as American Laundry Production, Inc. a South Carolina Corporation and a successor by acquisition to Clenacorp. (See 11/21/2019 Doe Amendment.) It is also being sued as the manufacturer and/or supplier of “Collar & Cuff Scrub” “and other chemical products to be determined during discovery.” (Id.) On February 5, 2020, Plaintiffs amended the complaint to substitute Doe 26 with Vulcan Materials Company. Plaintiff alleged...
2020.09.23 Motion to Deem Requests for Admissions Admitted, to Compel Responses 395
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.23
Excerpt: ...Hinojosa & Forer, LLP & Does 1-60 alleging that defendants committed professional negligence and elder abuse. Plaintiff alleges that he is 85 and this action arises out of a controversy between Plaintiff and Aviva Leneman Weiner. Plaintiff alleges that Defendants pressured Plaintiff into signing a settlement agreement on July 28, 2018. On February 13, 2020, Defendant Hinojosa & Forer, LLP filed four discovery motions. Defendants filed a motion de...
2020.09.23 Demurrer 910
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.23
Excerpt: ...836 10th Street Unit “D”, Santa Monica, CA. (Compl. ¶ 10.) Plaintiffs allege that they settled an eviction action with the Tarnopolsky Defendants on October 16, 2017. (Compl. at p. 4:20-21.) Plaintiffs allege that Defendants defrauded Plaintiffs into vacating their rental unit. (See generally Compl. ¶ 55 at p. 6.) Plaintiffs allege that the Tarnopolsky Defendants represented in the notice to quit that the landlord's sister, Denise Poon was ...
2020.09.22 Motion for Summary Adjudication, for Terminating Sanctions 919
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.22
Excerpt: ...for Mary Frances Gage, filed a complaint against Mark Shinnick for: (1) interference with contract; (2) interference with prospective economic advantage; (3) publication of private facts; and (4) trespass. On April 9, 2020, Plaintiff filed an amended motion for summary adjudication. This motion is unopposed. BASIS FOR MOTION Ann-Marie seeks summary adjudication on the second, third, and fourth causes of action. Ann-Marie argues that she is entitl...
2020.09.22 Motion for Determination of Good Faith Settlement 815
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.22
Excerpt: ...tional misrepresentation, (3) recovery on contractor's license bond; (4) negligenge, and (5) breach of implied covenant of good faith and fair dealing. On November 9, 2017, Plaintiffs amended the complaint and added Developers Surety and Indemnity Company as a defendant. Plaintiffs claim damages of at least $400,000. (See FAC prayer for relief.) This action involves alleged construction defects and damages arising from work performed and material...
2020.09.22 Demurrer, Motion to Strike 425
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.22
Excerpt: ...for: (1) Rescission; (2) Conversion; (3) Breach of Fiduciary Duty, (4) Damages under Penal Code (5) Fraud/misrepresentation and (6) Quiet title. Plaintiffs allege that Defendant Sargsyan and his firm represented Plaintiffs in copyright infringement suits and that Defendants failed to remit all sums recovered. Plaintiff Pelissier and Sargsyan also entered into a deal for defendant Sargsyan to develop 11824 Ellice St., Malibu, California 90265. Thi...
2020.09.18 Motion to Expunge Lis Pendens, for Attorney's Fees 383
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.18
Excerpt: ...e Capital Builders, Inc., filed a cross-complaint against 207 Entrada, LLC and Roes 1 -20 for (1) breach of oral contract, (2) open book, (3) reasonable value of services rendered, and (4) foreclosure of mechanic's lien for $347,000. “On or about April 10, 2020, Cross-Complainant's verified Mechanic's Lien was timely recorded in the Official Records of Los Angeles County, California, as Instrument No. 20200405317, in accordance with the require...
2020.09.18 Motion for Judgment on the Pleadings 864
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.18
Excerpt: ...e of the Amy Sweeny 2005 Revocable Trust, and Does 1 – 20. The complaint alleges cause of action for fraud and deceit, negligent misrepresentation, breach of oral contracts (2 counts), and quantum meruit. On February 7, 2020, Plaintiff dismissed with prejudice Amy G. Sweeney, an individual, Amy G. Sweeney and Michael Towbes as Trustees of the Exempt Trust under the Goldenberg Survivor's Trust, and Amy G. Sweeney, as Trustee of the Amy Sweeney 2...
2020.09.17 Motion to Compel Deposition, to Deem Request for Admissions Admitted 650
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.17
Excerpt: ...st 22, 2019, Faisal Bin Aziz Saud and New Generations Ideas, LLC initiated this appeal in this Court by filing a Notice of Appeal of the Award. A non-jury trial is scheduled for October 26, 2020. On February 24, 2020, Giacalone served Appellant Saud with both a Notice of Deposition and a Notice to Appear at Trial. (Engelhardt Decl. ¶ 4, Ex. A & B.) The deposition was scheduled for Wednesday, April 29, 2020. (See Ex. A.) On March 5, 2020, Saud se...
2020.09.17 Motion for Good Faith Settlement 106
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.17
Excerpt: ...e City,”) the County of Los Angeles, the La Costa Beach Home Owner's Association (“the Association,”) and Does 1- 17. Plaintiff alleges that on May 14, 2019, at approximately 8:20 p.m., Megan Pierce was attempting to cross Pacific Coast Highway (“PCH”) at or near the La Costa Beach Club located at 21440 Pacific Coast Highway (PCH) in Los Angeles County in Malibu. Ms. Pierce was crossing PCH at an intersection when she was struck and kil...
2020.09.16 Motion to Quash Service of Complaint, to be Relieved as Counsel 587
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.16
Excerpt: ...gligent misrepresentation. Plaintiff alleges that Defendant Estalella committed torts in California and that jurisdiction over Estalella is proper as a result. (See Compl. ¶ 2.) Plaintiff alleges upon information and belief that “Estalella is an individual residing at 1111 Brickell Bay Drive, Apt 1210, Miami, FL 33131. During the relevant time period, Estalella was a high ranking executive a MusclePharm.” (Compl. ¶ 6.) On information and be...
2020.09.15 Demurrer 019
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.15
Excerpt: ... Rejaei Defendants, for failing to compensate him for legal fees incurred when Plaintiff represented Defendants in an action against Bryan Siegel. (See FAC ¶¶ 7, 14‐ 20.) Plaintiff alleges damages in the amount of $120,000. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be re...
2020.09.15 Motion to Quash Deposition Subpoena, for Protective Order 041
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.15
Excerpt: ...ndants”), and Does 1–250 alleging dependent adult abuse, professional negligence, negligent hiring and supervision, and loss of consortium. On August 27, 2019, Defendants filed a demurrer as to the first cause of action for dependent adult abuse. On March 10, 2020, the Court sustained the demurrer with 60 days leave to amend. At a July 8, 2020 Informal Discovery Conference, the Court granted Plaintiffs until October 1, 2020 to file their firs...
2020.09.11 Motion to Enforce Court Order, for Sanctions 452
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.11
Excerpt: ...to compel, and the motion is DENIED AS MOOT insofar as it seeks to require that this information be turned over. The Court reminds Defendants of their obligations under the Court's prior order (ROA 137), which required them to serve further discovery responses, including the production of voluminous non-anonymized data, within 30 days of the opt-out deadline. The Court agrees with Plaintiffs, however, that Defendants' conduct with respect to the ...
2020.09.11 Motion for Determination of Good Faith Settlement, Application for Inspection Warrant 246
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.11
Excerpt: ... two reasons for the continuance. First, the Application is continued due to lack of service on the relevant property owners. The instant application seeks an order against the owners of property located at 2201 and 2205 South Standard Avenue in Santa Ana, California. While the prior Application heard on August 14, 2020 was served on non-parties McFarlane Properties, LLC and Standard Avenue, LLC via both their Agents for Service of Process and Co...
2020.09.10 Motion for Summary Judgment, Adjudication 195
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.10
Excerpt: ...ion”) and Does 1 – 100 for (1) forcible detainer and statutory damages; (2) breach of contract; and (3) conversion. Plaintiff alleges that on September 5, 2001 and May 16, 2007, Plaintiff Dadson Washer and Edward Mantini entered into written leases for laundry space at 2 Ketch Street, Marina Del Rey, CA 90292 (“the Building”). (VFAC ¶ 4.) On May 16, 2012, Plaintiff Dadson and Edward Mantini entered into a third written lease for laundry ...
2020.09.09 Motion for Terminating Sanctions or Issue or Monetary Sanctions 555
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.09
Excerpt: ... December 26, 2017, one of Plaintiff's vehicles, a 2015 McLaren 650S Spider, was legally being operated in Los Angeles County, CA, in the city of Beverly Hills, CA. (Compl. ¶ 7.) Plaintiff alleges that around 5:56 p.m., while the car was making a legal turn, the car was impacted by a Ford E-series tourism van owned and operated by defendants Los Angeles USA Tours LLC and Ali Dayekh. (Id.) Plaintiff alleges that Defendant Sadegh Fatoorechi was dr...
2020.09.09 Demurrer, Motion to Strike 016
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.09
Excerpt: ...rtfolio Servicing, Inc. (“SPS”); Quality Loan Service Corp.; Deutsche Bank; and Does 1‐50 alleging a violation of Civil Code section 2923.6; negligence, and a violation of Business and Professions Code section 17200. On April 13, 2020, Plaintiff filed an amended complaint, changing the plaintiff to be Delane Tarra, individually and as trustee of Chap One Land Trust. Plaintiff's amended complaint contains causes of action for (1) violation o...
2020.09.09 Demurrer 407
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.09.09
Excerpt: ...ontract; (2) breach of implied-in-fact contract; (3) quantum meruit; and (4) Violation of Domestic Worker Bill of Rights under Labor Code section 1451. Defendant is the executor of the Rhea F. Cassan Estate. (Compl. ¶11.) “For more than 20 years, Jeffrey acted as Rhea's primary care giver. As a result, Rhea never needed to hire professional care givers and remained under Jeffrey's physical care, except for the times she was admitted to the hos...
2020.08.27 Motion to Consolidate, Joinder 395
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.27
Excerpt: ..., Fred Bahari Moghadam, City Wall Builders, Inc., and City Wall Construction, Inc. (collectively “Defendants”) for negligence. As trustees, Plaintiffs allege that they are the owners of a parcel of real property commonly known as 606 Walden Drive, Beverly Hills, California 90210, and more particularly described as Lot 21, Beverly Hills, M.B. 72 14/ 19. (SAC ¶ 1.) Plaintiffs allege that Defendants 621 Rodeo Drive LLC, Moghadam, and Does 1 thr...
2020.08.26 Motion to Discharge, for Award of Costs and Attorney Fees 685
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.26
Excerpt: ...�ACIC”) and Does 1-20 for (1) breach of contract, (2) negligence, (3) conversion, (4) fraud, (5) and action on contractor's bond. Plaintiff alleges that some of the defendants failed to complete the work on the solar panels for 200 N. Rockingham, Los Angeles, CA 90049. On November 4, 2019, American Contractors Indemnity Company (“ACIC” or “Cross- Complainant”) filed a verified interpleader cross-complaint against Pure Solar Company dba ...
2020.08.25 Demurrer 450
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.25
Excerpt: ...ULING: Defendant San Gabriel Medical Center's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on January 23, 2020 [ ] Late [ ] None REPLY: Filed on February 11, 2020 [ ] Late [ ] None ANALYSIS: I. Background On September 16, 2019, Plaintiff Hog Gan (“Plaintiff”) f...
2020.08.25 Demurrer 012
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.25
Excerpt: ...ut intent to preform and breach of implied covenant of good faith and fair dealing. This complaint arises out of the severance agreement entered between Plaintiff and CB1 Labs on August 15, 2018. Plaintiff alleges that Defendants breached the severance agreement when they failed to pay him the installments and interest due on the last payment. As to individual defendants, Plaintiff alleges that Tyler Stevens is the Director of Brands at CB1 Labs,...
2020.08.13 Motion to Quash Service of Complaint, to Transfer Venue 055
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.13
Excerpt: ...st amended compliant (FAC): defamation, intentional interference with prospective economic advantage, and negligent interference with prospective economic advantage. (See FAC ¶¶ 41-65.) Plaintiff Richard Acosta is a managing member of Plaintiff Inception Altanova and Plaintiff Eric Clarke helps manage Inception Altanova through another separate entity. (FAC ¶ 7- 8.) Defendant John Kaweske is the CEO of Defendant North Star. (FAC ¶¶ 3.) Plain...
2020.08.12 Motion to Deem Requests for Admissions Admitted, to Compel Responses 111
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.12
Excerpt: ...efendant/Cross-Defendant Herbert C. Rubinstein (“Cross-Defendant”) discovery. (Barsegyan Decl. ¶5, Ex. A to RFA, RFP, and Interrogatories motions.) Responses were due on April 16, 2020, however an extension was granted until May 1, 2020. (Barsegyan Decl., ¶ 5, Ex. C.) Responses were not received by Cross-Complainant. (Barsegyan Decl., ¶ 5.) On May 26, 2020 and May 28, 2020, Cross- Complainant filed motions to compel responses to Form and S...
2020.08.12 Demurrer 880
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.12
Excerpt: ...representation; (5) breach of agreement; (6) declaratory relief; and (7) injunctive relief. Kalnel Gardens alleges that in connection with the February 26, 2016, sale and transfer of real property commonly known as 8655 Washington Boulevard, Culver City, California 90232 (the "Subject Property”), Kalnel Gardens entered into a Lessor Estoppel Certificate which provided that the lease that Kalnel Gardens was about to assume as landlord was curren...
2020.08.11 Motion for Summary Adjudication 181
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.11
Excerpt: ... relief and damages, and (2) violation of Business and Professions Code section 17200. MRT alleges that in 2001, John Paul DeJoria sold twelve parcels of coastal and canyon land to MRT for $1,000,000. (Cross-Compl. ¶¶ 7-9.) The land was appraised for $13,000,000 and the remaining $12,000,000 value was donated to MRT. (Id. ¶ 9.) DeJoria included a conservation easement, binding on all future owners, that would preserve the property as open spac...
2020.08.11 Demurrer, Motion to Strike 189
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.11
Excerpt: ...; MM of Vegas Retail, Inc; MMNV2 Holdings I, LLC, MMNV2 Holdings V, LLC; MMOF Fermont Retail, Inc.; MedMen NY, Inc.; MME Florida LLC (collectively, the “MM Entity Defendants”); Adam Bierman; Andrew Modlin, and Does 1 through 25, alleging eight causes of action for: (1) Breach of Contract – Demotion; (2) Breach of The Implied Covenant of Good Faith And Fair Dealing; (3) Breach of Contract – Termination Without Cause; (4) Breach of Contract...
2020.08.07 Demurrer 120
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.08.07
Excerpt: ...ith the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.” (Code Civ. Proc., § 430.41(A) & (B).) A demurrer for sufficiency tests whether the complaint alleg...
2020.07.29 Demurrer, Motion to Strike 368
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.29
Excerpt: ...r.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring...
2020.07.29 Demurrer, Motion to Strike 071
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.29
Excerpt: ...perties USA, Inc., Staples Construction, Inc., and Does 1 – 100, for (1) nuisance, (2) intentional trespass, (3) negligent trespass, (4) negligence, and (5) elder abuse. Plaintiffs allege they are the owners of the property located at 1220 24th Street, Santa Monica, CA 90403, and that they are in possession and control of that real property consisting of two single family houses, a duplex, and four garages. (Compl. ¶ 2.) Plaintiffs further all...
2020.07.28 Petition to Confirm Arbitration Award 602
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.28
Excerpt: ...ach of contract, negligence, breach of express and implied warranties, intentional misrepresentation and negligent misrepresentation, Petitioner initiated arbitration proceedings against RTC. On September 22, 2016, this Court granted an order permitting ADR Services, Inc. to administer the arbitration proceedings. (See Ex. C. to Motion.) After arbitration, the arbitrator found in favor of Petitioner against RTC in the amount of $829,235.09, plus ...
2020.07.28 Demurrer, Motion to Strike, Special Motion to Strike 511
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.28
Excerpt: ...2) liability under Government Code § 820.21; (3) intentional infliction of emotional distress; (4) intentional infliction of emotional distress; (5) unlawful seizure pursuant to 42 U.S.C. § 1983; (6) violation of civil rights pursuant to 42 U.S.C. § 1983; (7) due process pursuant to 42 U.S.C. § 1983; and (8) Monell related claims. On April 26, 2018, The County of Los Angeles and Department of Children and Family Services (DCFS) filed a notice...
2020.07.23 Motion to Stay or Dismiss, Demurrer 723
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.23
Excerpt: ...ts argue that they are entitled to a stay based on due process protections under the Fifth Amendment to the United States Constitution. REQUEST FOR JUDICIAL NOTICE Defendants request judicial notice of Exhibits A – D. Exhibits A – C are executive actions and are judicially noticeable. Exhibit D is this Court's minute order of July 1, 2020, which is judicially noticeable as a court record, but not for the truth of its contents. (See In re Vick...
2020.07.22 Demurrer 395
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.22
Excerpt: ...y Esagoff as Trustees for The Abbey and Mojgan Esagoff trust with 20 days leave to amend. On December 7, 2019, Plaintiffs filed the first amended complaint (FAC). Defendants Moghadam and 621 Rodeo Drive LLC filed a demurrer to the FAC on January 9, 2020. On March 6, 2020, without leave of the Court, Plaintiffs Mojgan Esagoffand Abbey Esagoff filed a SAC for negligence against Defendant 621 Rodeo Drive LLC and Does 1 – 50. On the same day, Plain...
2020.07.20 Demurrer 516
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.20
Excerpt: ...nts (“Twitter” or “Defendants”) filed their demurrer to the FAC. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the part...
2020.07.16 Demurrers 343
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.16
Excerpt: ...��Plaintiffs”) bring a complaint against Defendants Homeland Insurance Company of New York ("Homeland"), and Does 1-10 for breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiffs also bring separate claims for breach of contract and breach of the implied covenant of good faith and fair dealing against Defendants Mercury Casualty Company ("Mercury") and Does 11-20. Mercury and Homeland are Plaintiffs' all...
2020.07.15 Petition to Confirm Arbitration Award, Motion to be Relieved as Counsel 567
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.15
Excerpt: ...es that the parties arbitrated their dispute on July 18, 2019. The arbitrator was Mark Fleischer, Esq., and he issued an award on January 24, 2019 in favor of petitioner in the amount of $438,002.45. The petition also states/alleges, “[o]ther parties under the agreements filed an arbitration against Eagle Films (Eagle). Eagle filed a counterclaim against Respondent to recover any sums awarded against Eagle. The Final Arbitration Award to be enf...
2020.07.15 Motions to Dismiss 125
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.15
Excerpt: ...e Court granted Defendants Cedars-Sinai Medical Care Foundation and Cedars-Sinai Medical Center's motions for summary judgment. At the end of the June 4, 2019 hearing, the Court set a final status conference for June 29, 2020, and a trial date for July 6, 2020 based on Counsel's request for a later trial date. MOTIONS Three separate defendants have filed separate motions to dismiss this case for failure to prosecute. Plaintiff filed a joint oppos...
2020.07.15 Demurrer, Motion to Strike 379
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.15
Excerpt: ...s to enter into unlawful non-compete agreements, which prevent competing hotels from lawfully competing for talent within the industry. Cross-Complainants also allege that Cross- Defendant Belvedere Hotel Partnership's practice of bullying and harassing employees and threatening and taking wildly inappropriate legal action is an unfair labor practice under the Unfair Competition law and that these actions have damaged Cross-Complainants. LEGAL ST...
2020.07.14 Motion to Set Aside Judgment 774
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.14
Excerpt: ...red against Defendant on September 16, 2019. Default Judgment was entered October 18, 2019. Defendant filed a motion to set aside the default judgment on December 19, 2019. On June 29, 2020, defendant filed an amended notice of motion as well as a reply entitled “Opposition to Defendant Motion to Set Aside.” On July 2, 2020, Defendant filed an opposition to the amended motion. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an a...
2020.07.14 Motion for Summary Judgment, to Seal 023
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.14
Excerpt: ...The Estate” or “Defendant”) and Does 1 -50 for breach of contract. The complaint alleges that “[o]n February 17, 2012, Tohme filed a lawsuit against the Jackson Estate (Los Angeles Superior Court Case No. SC115988) asserting causes of action for breach of contract, accounting and declaratory relief and seeking compensation for his valuable services in accordance with the terms of his agreements with Michael Jackson.” (Compl. ¶ 9.) “O...
2020.07.10 Demurrer, Motion to Strike 434
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.10
Excerpt: ...oss-complaint against 632 N Palm Drive, LLC (“632” or “Palm” or “Cross-Defendant”); Michael Cohan, Russel Allen Linch, RAL Designs and Management, Inc. and Roes 1-10. The Cross-Complaint alleges 12 causes of action for: 1. breach of contract; 2. breach of the implied covenant of good faith and fair dealing; 3. intentional misrepresentation 4. in the alternative, negligent misrepresentation; 5. common count: account stated, open book a...
2020.07.09 Motion for Leave to File Amended Complaint 379
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.09
Excerpt: ...aint. Plaintiff obtained leave to file a third amended complaint and filed and served that complaint on September 4, 2018. The third amended complaint contains five causes of action for: (1) breach of contract; (2) breach of fiduciary duty; (3) misappropriation of trade secrets under CUTSA; (4) violation of the UCL; and 5) intentional interference with prospective economic relations. On February 25, 2020, filed a motion for leave to file a fourth...
2020.07.09 OSC Re Preliminary Injunction 165
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.09
Excerpt: ...rty located at 1225 Armacost Ave, Unit 105, Los Angeles, CA 90025 (the “Property”). Plaintiff alleges that the property is currently owned by Plaintiff Fiona Dearing as an individual. Plaintiff alleges that she acquired title to the Property from Thomas and Jaclyn Aronson by a Grant Deed recorded on August 29, 2013. Plaintiff conveyed the Property to herself as trustee of the Dearing Trust by Quitclaim Deed recorded on October 18, 2017. On �...
2020.07.08 Motion to Compel Arbitration 680
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.08
Excerpt: ...e TIC #22, LLC, Centerpointe TIC #23, LLC, Centerpointe TIC #24, LLC, Centerpointe TIC #25, LLC, Centerpointe TIC #26, LLC, Centerpointe TIC #27, LLC, Centerpointe TIC #29, LLC, Centerpointe TIC #30, LLC, and Centerpointe TIC #31, LLC (collectively “Centerpointe Plaintiffs”) filed a complaint against Defendants Vereit, Inc. FKA American Realty Capital Properties, Inc., (“Vereit”); Vereit Operating Partnership, L.P.; EFA Asset Management, ...
2020.07.08 Demurrer 285
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.08
Excerpt: ...ry Bautzer and the spouse of Defendant Goldman was diagnosed with cancer. Plaintiffs are the brother and father of the late Johanna Goldman. Plaintiffs allege that Defendant was unable to pay the medical expenses for the treatments required to fight the disease or for decedent's funeral. Plaintiffs allege that Defendant Goldman promised to pay back Plaintiff Zachary Bautzer through the proceeds of the sale of Defendant Goldman's house in Californ...
2020.07.06 Motion for Attorney's Fees 721
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.06
Excerpt: ...he implied covenant of good faith and fair dealing, (4) promissory fraud, (5) retaliatory eviction; (6) violation of civil code section 1950.5, and (7) conversion. This case was dismissed on a motion for terminating sanctions. On June 28, 2019, Defendant filed a motion for attorney's fees under Code of Civil Procedure §§ 1032, 1033.5, 1717, and CRC Rule 3.1700(a). Defendant seeks $171,585 in attorney's fees based on a rate of $450 per hour for ...
2020.07.02 Special Motion to Strike 967
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.02
Excerpt: ... (3) violation of Santa Monica Municipal Code § 1890; and (4) breach of contract. Cohen alleges that Cross-Defendant owns the premises located at 746 Marine Street, in the City of Santa Monica. (X-C ¶ 3.) Cohen further alleges that “Cross-Complainant has been subjected to Cross-Defendants' use, or threats to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the Cross-Complainant's quiet enj...
2020.07.02 Motion to Enforce Settlement Agreement 850
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.02
Excerpt: ...ocumented the settlement in a fully executed Short Form Agreement. The short form agreement called for the entry of a stipulated judgment against Oren in the amount of $11,000,000.00 following the execution of a further, Long Form Agreement. Silverlake argues the Oren has refused to finalize the Long Form Agreement. Silverlake argues that the Short Form Agreement expressly provides that it may be enforced pursuant to California Code of Civil Proc...
2020.07.01 OSC Re Preliminary Injunction or Motion for Trial Preference 723
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.07.01
Excerpt: ... Romano and Suzan Romano. Plaintiffs own 1576 Chastain Parkway West, Pacific Palisades, CA 90272 (the “Property”). (Compl. ¶ 7.) Plaintiffs allege that they purchased this property in March of 2019. (Id. ¶ 8.) Plaintiffs allege that Thomas Hunter suffers from congestive heart failure, kidney failure, peripheral neuropathy, and degenerative spine disease and that in February 2020, Mr. Hunter underwent surgery. (Id. ¶ 9.) After surgery, Mr. ...
2020.06.30 OSC Re Preliminary Injunction 016
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.30
Excerpt: ...ns Code section 17200 violations. On April 13, 2020, Plaintiff filed an amended complaint (FAC) changing the plaintiff's name to Delane Tarra, individually and as trustee of Chap One Land Trust. The FAC also added violations of Civil Code sections 2923.7 and 2924.17, and a breach of the implied covenant of good faith and fair dealing. Plaintiff Delane Tarra, individually and as trustee of Chap One Land Trust holds title to the property on behalf ...
2020.06.30 Demurrer 149
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.30
Excerpt: ... breach of confidentiality agreement; (3) breach of employee handbook (4) breach of severance agreement and release; (5) violation of California Business and Professions Code §17200 et seq.; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic relations; (8) negligent interference with contractual relations; (9) fraud (10) violation of California Penal Code § 502; (11) conversion; (12) ...
2020.06.29 Motion for Summary Judgment, Adjudication 373
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.29
Excerpt: ...; negligent misrepresentation; rescission and restitution; and common counts arising out of the purchase of a property in Palos Verdes, CA. On March 9, 2018, the Court granted a motion to substitute Triwest Homes II, LP (“Triwest Homes”) as the plaintiff. The Court found that the substitution related back to the filing of the complaint, based upon the parties' stipulation to the substitution, and Plaintiff's evidence that Triwest Homes was th...
2020.06.26 Motion for Sanctions 380
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.26
Excerpt: ...nd that a gate be provided around the pool area for a toddler, but that Defendants failed to do so. As a result, Plaintiff was unable to stay at the premises. Plaintiff alleges that the deposit for the rental was $27,844.00. Plaintiff alleges that Airbnb kept a commission of approximately $2,300 and that Defendant Luxury Rental Group kept the remaining $25,480.00. In his complaint, Plaintiff seeks a return of the rental fee from defendants. Legal...
2020.06.26 Demurrer, Motion to Strike 460
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.26
Excerpt: ...ith a contract; (4) breach of fiduciary duty; (5) aiding and abetting breach of fiduciary duty; (6) violations of false advertising law; (7) violations of unfair competition law; (8) unjust enrichment; (9) and Violations of California's Unfair Trade Secrets Act (“CUTSA”). As set forth in the complaint, Plaintiff offers customized services in the food ordering business. For example, CrowdFood coordinated the participation of food trucks and ot...
2020.06.25 Special Motion to Strike 642
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.25
Excerpt: ... Timothy and Sheryl Schey are alleged to be the owners of property located at 820 Yale Street, Santa Monica, California. Defendants served Plaintiff with a Three-Day Notice to Quit. The notice states that Plaintiff was a party to an unlawful detainer action and that the failure to disclose this information resulted in a breach of the lease agreement. Plaintiff alleges that the unlawful detainer action was nonpublic information. Plaintiff also all...
2020.06.25 Motion for Summary Judgment 360
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.25
Excerpt: ...oyed the persons who operated a motor vehicle in the course of their employment; (c) owned the motor vehicle which was operated with their permission; (d) entrusted the motor vehicle; and (e) were the agents and employees of the other defendants and acted within the scope of the agency when James Mobley caused injuries to Plaintiff near the intersection of Santa Monica Boulevard and Flores Street. On January 4, 2019, Plaintiff named Brunello Cuci...
2020.06.25 Demurrer 998
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.25
Excerpt: ...f emotional distress-bystander. Plaintiffs are the estate of De'ommie de la Cruz; Tomiekia de la Cruz as Guardian Ad Litem for Desi de la Cruz Summerville; Tomiekia de la Cruz, representative of the Estate of De'Ommie De La Cruz; Gina Chhouk; Alex de la Cruz; Marlon Bouche Larkin, a minor; Tiffany Flemming; D'Juan Darby; Christian Green and Cindy Hodges. This action arises out of the events of November 3, 2017. Ms. De'Ommie was a passenger in a p...
2020.06.24 Motion to Compel Arbitration 610
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2020.06.24
Excerpt: ...ed on December 28, 2017, Plaintiff sought to combine her financial accounts with Cubbin. (Compl. ¶¶ 20-22.) On or about January 3, 2019, Plaintiff met with “Joseph S. Jackson, an employee of Defendants representing himself as a broker, financial consultant and certified financial planner for Defendants in service of their clients. Based on Jackson's recommendations, [Plaintiff] authorized the creation of three (3) accounts: (i) a Fidelity-man...

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