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2024.04.26 Motion for Attorney Fees 584
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.26
Excerpt: ...ey bought a new 2022 Tesla Model X from Defendant Tesla, Inc. Plaintiff alleges that he delivered his Tesla seventeen (17) times to Tesla to repair multiple defects. (Compl. ¶ 16.) Plaintiff claims Tesla was unable to service or repair the car to conform to the applicable express warranties after a reasonable number of attempts. And Tesla failed to promptly r eplace the car or make restitution to Plaintiff. ( Id. ¶ 17.) The operative complaint ...
2024.04.25 Motion to Quash Service of Summons 675
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.25
Excerpt: ...a Ridge Drive, Beverly Hills, California 90210 (“Property”). Landlord rented the Property to Defendant Thomas Latimer (“Tenant”) for $35,000 a month. Tenant failed to pay rent. This action ensued. A proof of service of the summons and complaint was filed with the Court which states Tenant was personally served on March 7, 2024. This hearing is on Tenant's motion to quash service of summons. Tenant argues that contrary to the proof of serv...
2024.04.25 Demurrer, Motion to Strike 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.25
Excerpt: .... Plaintiffs Sherwin Tehrani Arae and Ida Molayem Arae sued Defendants Vylox , Inc., Bella Vista Property Management, Inc. and Paragon Property Management Group LLC for alleged uninhabitable conditions of a condominium unit located at 120 S. Palm Dr., #101, Beverly Hills, California (the “Property”). On January 24, 2024, Plaintiff s filed a Doe Amendment to the Complaint naming Doe 1 as Fleur De Lis at Palm Homeowners Association Inc. (“Fle...
2024.04.24 Demurrer 527
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.24
Excerpt: ...loyment dispute with the University of Southern California (“USC”). (Compl. ¶ 1.) Plaintiff alleged she had been wrongfully ter minated and also claimed whistleblower retaliation and discrimination. ( Id.) Plaintiff alleges the following negligent acts by Defendant in connection with its representation of Plaintiff in the underlying employment case: First , Plaintiff claims Defendant, without her consent, filed an arbitration demand in JAMS ...
2024.04.23 Demurrer to TAC 107
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.23
Excerpt: ...ded Complaint (“TAC”) ¶8.) Defendant Niv Levy is a lawyer b. (Id., ¶¶8, 13.) Regev alleges Levy schemed to make her completely dependent on him, so that he could more easily manipulate and control her. (Id., ¶14.) The TAC alleges that Levy pressured Regev to move in with him, which she eventually agreed to do after Levy proposed. (Id. , ¶¶18- 20, 22, 52.) By having Plaintiff move in with him, Levy could more easily control Plaintiff bec...
2024.04.23 Demurrer 933
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.23
Excerpt: ... No. 206 -260 also known as Space No. 260B, located in the City of Marina Del Rey in the county of Los Angeles, California (the “Premises”). (Compl. ¶ 7.) Plaintiff RAR2 -Marina Marketplac e LLC leased the Premises to Phenix Salon Suites, Marina Del Rey, LLC and Doe Defendants (collectively “Defendants”) pursuant to a written commercial lease agreement (“Lease”). ( Id. ¶ 8.) Under the Lease, Defendants were obligated to pay rent as ...
2024.04.23 Demurrer 623
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.23
Excerpt: .... Cosco Wholesale Corporation . (Compl. ¶9.) Defendants Alina Landver and Landver Law Corporation APC represented Defendant Joana Gallegos in the premises liability case. ( Id. ¶12.) Landver asked Plaintiff Sebastian Richards to defend the deposition of Gallegos. (Id. ¶14.) Landver wrote an email to Plaintiff offering the following terms to defend the deposition of Gallegos: “If they settle the case for more than $250,000, I can offe r you 1...
2024.04.22 Demurrer, Motion to Strike FAC 564
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.22
Excerpt: ...t of $453,100 (“Loan”) from Homebridge Financial Services, Inc., which Loan was secured by a Deed of Trust (“DOT”) against the real property located at 10747 Wilshire Blvd #1208, Los Angeles, California (“Property”). Defendant ServiceMac LLC services the loan. In June 2022, Plaintiff applied for a modification of her mortgage with Defendant. (First Amended Complaint (“FAC”) ¶24.) On or around July 11, 2022, Defendant confirmed re...
2024.04.19 Motions to Compel Further Responses, for Sanctions 326
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.19
Excerpt: ...laintiff Yvonne Buchanan was driving eastbound on Wilshire Boulevard approaching the intersection with South Swall Drive in the City of Beverly Hills when she was struck by Defendant Arwa Das' car. Plaintiff claims Defendant suddenly and without warning entered the intersection, passing a po sted stop sign for his direction of travel, causing a collision with Plaintiff's car. This hearing is on Defendant's motions to compel Plaintiff's further re...
2024.04.19 Demurrers, Motion to Strike 140
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.19
Excerpt: ...rom a dispute between neighbors. Plaintiffs Robert and Barbara Brilliant own the real property located at 14131 Beresford Road (the “Brilliant Property”). Defendants Ted and Michele Kaplan (“Moving Defendants”) own the real property located at 14151 Beresford Road (the “Kaplan Property”) . Plaintiffs allege that certain palm trees on the Kaplan Property block their view and violate the Mulholland Estates Homeowners Association, Inc.'s...
2024.04.17 Demurrer to SAC 329
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.17
Excerpt: ...alty Surgical Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient seda tion and anesthesia was provided”. (Second Amended Complaint (“SAC”) ¶23.) Plaintiff claims that during the procedure, he indicated to both individual Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the su rgery a...
2024.04.17 Motion to Set Aside or Vacate Default 398
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.17
Excerpt: ...er. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. D efendant's treatment was allegedly so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also purportedly disclosed to Plaintiff's friend, confidential details of the surgery. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint alleges two claims for pr...
2024.04.17 Motions to Compel Further Responses, for Monetary and Terminating Sanctions, to Vacate or Continue Trial 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.17
Excerpt: ...OUND This case arises from an employment dispute. Defendant Aurice Veloso was a long -time caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Negligent Inflicti...
2024.04.16 Motion to Lift Stay on Underlying Action Pending Appeal of Denial of Motion to Compel Arbitration 653
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.16
Excerpt: ...an employment dispute. Plaintiff Jane Doe was employed as a server for Defendant The Huntley Hotel (the “Huntley”) from 2016 until her constructive termination on May 13, 2022. (First Amended Complaint (“FAC”) ¶¶18, 45.) Plaintiff alleges she was attacked and sexually assaulted by Defendant Ryan Jackson (“Jackson”), a co -worker, outside of work. (FAC ¶ 18.) Despite being told about the assault, Defendant Eman Rivani, the food & be...
2024.04.12 Motions to Confirm, Vacate Arbitration Award 651
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.12
Excerpt: ...GROUND This is a breach of contract case. Petitioner Eden Reforestration Projects (“Eden”) entered into an agreement with Respondent Aspiration Partners Inc. (“Aspiration”) whereby Aspiration would pay Eden $16 million to plant 5 billion trees over a 20 year period i n developing countries. Aspiration entered into a separate contract with Eden's wholly owned subsidiary, Petitioner Compassionate Carbon, requiring Compassionate Carbon to de...
2024.04.11 Motion for Summary Judgment, Adjudication 078
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.11
Excerpt: ...s that Defendant Dean Matsuda negligently performed a bilateral hip arthroscopic surgery. The operative complaint alleges a single claim for medical malpractice. The relevant facts are as follows: At the time Plaintiff saw Defendant, she had a history of left groin and lateral hip pain. (Undisputed Material Facts (“UMF”) No. 109.) Plaintiff's hip symptoms were unresponsive to conservative therapy for at least th ree months before she saw Defe...
2024.04.10 Motion for Attorney Fees 517
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.10
Excerpt: ...n February 23, 2023, Plaintiff filed a Complaint against Defendants Beverly Hills IT Services, Beverly Hills IT, and Mostafa Karabalei Ahmad Baboli aka Stephan Parsa (“Baboli”) (collectively “Defendants”) and DOES 1 through 50, alleging causes of action for: (1) misappropriation of trade secrets; (2) breach of promissory note; (3) breach of fiduciary duty; (4) breach of duty of loyalty; (5) unfair competition; (6) intentional interference...
2024.04.10 Demurrer to Answer 621
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.10
Excerpt: ...ffs Mehrdad Farkhan and Aila Farkhan (“Plaintiffs”) filed a Complaint against Defendants Felix Adalberto Sanchez (“Defendant”) and DOES 1 thro ugh 20, inclusive, alleging a cause of action for negligence. On February 6, 2024, Defendant filed an Answer to the Complaint, in which Defendant sets forth 15 affirmative defenses. On February 13, 2024, Plaintiffs filed a demurrer to the first, second, third, fourth, fifth, sixth, twelfth, thirtee...
2024.04.09 Motion to Set Aside Dismissal 349
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.09
Excerpt: ...ntiff”) filed a Complaint against Defendants Raphael Berry, Samir Berry, Berri's Pizza Café, LLC (“BPC”), RHB Group, LLC ( “RHB”), Morisani Enterprises (“Morisani”) (collectively “Defendants”) and DOES 1 through 10, inclusive, alleging causes of action for: (1) breach of written contract, (2) common count: goods and services rendered, (3) account stated, (4) quantum meruit, and (5) unjust enrichment. On June 13, 2023, default w...
2024.04.09 Motion to Compel Deposition of PMQ, for Monetary Sanctions 671
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.09
Excerpt: ...RY SANCTIONS IN THE AMOUNT OF $3,000 BACKGROUND This case arises from a dispute over an allegedly defective 2020 GMC Sierra Denali. On September 24, 2020, Plaintiff William Keating, Jr. (“Plaintiff”) purchased a new 2020 GMC Sierra Denali that Defendant General Motors, LLC (“Defendant”) manufactured. (Compl. ¶¶ 4 - 7.) It is further alleged that the sale of the subject vehicle was accompanied by express and implied warranties. (Id. at �...
2024.04.09 Motion for Summary Judgment, Adjudication 123
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.09
Excerpt: ...2413 Dardeene Street, Calabasas, CA 91302 (the “Subject Property”). On January 10, 2024, Plaintiff Arkas LLC (“Plaintiff”) filed a Verified Complaint for Unlawful Detainer (the “Complain t”) against Defendants Lloyd Douglas Dix aka Lloyd Dix, Mary Linda Dix aka Mary Dix, Michael Alexander Dix aka Michael Dix, All Unknown Occupants, Tenants, and Subtenants (collectively “Defendants”), and DOES 1 through 20, inclusive. The Complaint...
2024.04.09 Motion for Leave to File Complaint 876
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.09
Excerpt: ...ated at 2025 Avenue of the Stars in Los Angeles (the “Property”). Plaintiff Quality Cabinet and Fixture Company, LLC (“Plaintiff”) entered into a subcontract with Defendant Webcor Construction L.P. dba Wecor Builders (“Webcor”) and Plaintiff alleges that, among other actions, Webcor breached the subcontract. On October 12, 2022, Plaintiff filed a Complaint against Defendants Webcor, Next Century Partners, LLC, Century Plaza Master Ass...
2024.04.05 Motion for Attorney Fees 005
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ...nit 3403, Los Angeles, California 90067 (the “Subject Property”). On December 23, 2021, Plaintiff SM 10000 Property, LLC (“Plaintif f”) filed a Complaint against Defendants Cristina Pecci (“Pecci”), Justin Ligeri (“Ligeri”), Cheyenne Brands, L.L.C. (“Cheynne”), and DOES 1 through 100, for breach of contract. On July 19, 2022, Plaintiff filed an Amended Complaint (the “FAC”) in unlawful detainer against Defendants Cristina ...
2024.04.05 Motion for Reconsideration 296
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ... Kaveh Kevin Jebeli (“Plaintiff”) that was being stored at 9041 West Pico Blvd., Los Angeles, California 90035 (the “Property”). Plaintiff entered into a lease with Defendants Jewish E ducational Movement (“JEM”) and Hertzel Ilulian (“Illulian”) (collectively “Defendants”) for warehouse/storage space at the Property. Plaintiff alleges that Defendants rented space adjacent to the Property to a CBD oil manufacturer and, shortly ...
2024.04.05 Motion to Quash Service of Process, to Set Aside and Vacate Default, Judgment 971
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ... Plaintiff Berritto Enterprises, LLC (“Plaintiff”) filed a Complaint against Defendant Taylor Woods (“Defendant”) and DOES 1 through 50, alleging causes of action for: (1) fraudulent conveyance; (2) mo ney had and received; (3) conversion; (4) breach of fiduciary duty; and (5) fraud. On August 2, 2022, Plaintiff filed a Proof of Service indicating that Defendant was served by personal service with the summons and complaint on July 23, 202...
2024.04.05 Motion to Seal 083
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ...s (“Defendant”) and DOES 1 through 10. On July 18, 2023, Plaintiff filed the operative First Amen ded Complaint (“FAC”) against Defendant alleging causes of action for: (1) breach of oral agreement; (2) promissory estoppel; (3) accounting; (4) conversion; (5) equitable lien; and (6) constructive trust. On February 26, 2024, Defendant filed an ex parte application for trial continuance. In support of the ex parte application, Defendant pro...
2024.04.05 Motion to Strike 375
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.04.05
Excerpt: ... Gonzalez filed his Complaint against Defendant Julian Shojaie. On February 7, 2024, Plaintiff filed his operative First Amended Complaint against Defendant asserting a single cause of action for negligence. On March 11, 2024, Defendant filed the instant motion to strike portions of the FAC pursuant to Code of Civil Procedure sections 435 and 436. Plaintiff filed his opposition on March 22, 2024, and Plaintiff filed his reply on March 25, 2024. L...
2024.03.27 Motion to Compel Arbitration and Stay Proceedings 488
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.27
Excerpt: ... Leal Juan was employed there as a line cook from January 2022 to September 2023. Plaintiff claims he requested medical leave for an alleged disability as well as complained about health and safety issues. In response, Defendant terminated him on September 7, 2023. The operative first amended complaint (“FAC”) alleges eleven claims for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in an interactive process, ...
2024.03.27 Motion to Compel Arbitration and Stay Proceedings 479
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.27
Excerpt: ...atanian ordered a new 2022 Tesla Model Y from Tesla, Inc. pursuant to a motor vehicle order agreement (“MVOA”). (Ex. 1 to Kim Decl.) Plaintiff could not have placed the order without agreeing to the terms and conditions of the MVOA. (Kim Decl. ¶¶ 3 -4.) The MVOA contains an arbitration provision which states that “you [Plaintiff] agree that any dispute arising out of or relating to any aspect of the relationship between you [Plaintiff] an...
2024.03.27 Demurrer, Motion to Strike SAC 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.27
Excerpt: ... is the owner of Maroon Society Inc. (“Maroon”). Maroon has assigned its claims to Celious. (Second Amended Complaint (“SAC”) ¶14.) Maroon is in the business of pr oviding data compilation, analysis and strategic services for both private and public sector entities. ( Id. ¶21.) Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not chosen for either project. ...
2024.03.26 Motion to Vacate Default Judgment 568
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.26
Excerpt: ... or its predecessor in interest. Defendant failed to make periodic payments and now owes over $68,000. Plaintiff moved for entry of d efault judgment, which the Court granted on July 17, 2023. This hearing is on Defendant's motion to vacate entry of default judgment. Defendant claims he was not properly served with the complaint and summons, and his physical characteristics do not match the description of the person described in the proof of serv...
2024.03.26 Motion to Enforce Settlement 584
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.26
Excerpt: ...at 344 S. Rexford Drive #6, Beverly Hills, California 90212 (the “Premises”). Plaintiff Miriams Well, LLC is the Landlord. The parties signed an “Unlawful Detainer Stipulation and Judgment”. The stipulation provided for judgment of $42,600 which was subject to partial waiver if Tenants made timely payments of (1) $7,200 on July 20, 2023, (2) $7,200 on September 20, 2023, and (3) an additional $200 per month for 12 months beginning October...
2024.03.26 Motion for Summary Judgment 067
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.26
Excerpt: ...lid was not properly secured on the cup. The cup was allegedly bought from a Starbucks kiosk inside a Vons store, located at 820 Montana Avenue, Santa Monica, California (the “Premises”). (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff's companion, Moses Javaheri, bought one cup of hot tea and a cup of hot water from the Starbucks kiosk. (UMF No. 5.) Javaheri then removed the lids of both cups and took one of the tea bags from the cup...
2024.03.21 Motion for Summary Judgment, Adjudication 532
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.21
Excerpt: ...ah Melamed alleges Defendants Paul Arena, Aim Group, Inc., David Appell, Edward Withrow III, Huntington Chase Financial, Montecito Biosciences Ltd, Calli Bucci, MJ Management, Inc., Dave Engert and Data Health Partners Inc. received fraudulent transfers from Defendant Parallax Health S ciences Inc. (“Parallax”), who owes Plaintiff a judgment of $20 million. Plaintiff founded and solely owned RoxSan Pharmacy, Inc. (“RPI”). (Compl. ¶24.) R...
2024.03.20 Motions to Quash Deposition Subpoenas, for Sanctions 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.20
Excerpt: ..., v. LEO DAVID, et al., Defendants. BACKGROUND This is an elder abuse case. Defendant Aurice Veloso was a caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Neg...
2024.03.20 Motion to Continue Trial 678
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.20
Excerpt: ...isting a LYFT car when he was headed towards his apartment. He claims that he fell on a pothole on the street located at 1021 North Harper Avenue in West Hollywood. Plaintiff sued Defendant the City of West Hollywood (the “City”). The operative complaint alleges two claims for (1) premises liability and (2) dangerous condition of a public property. This hearing is on the City's motion to continue trial by at least six months from September 23...
2024.03.20 Demurrer 658
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.20
Excerpt: ...vember 2023, December 2023 and January 2024 and is therefore subject to eviction. The commercial property is located at 10960 Wilshire Blvd, Suite 800, Los Angeles, California (the “Property”). This hearing is on Defendant WS Communities, LLC's demurrer to the Complaint. Defendant argues that (1) there is no contractual relationship between it and Plaintiff, and therefore, Plaintiff has no standing to sue; (2) the 3 day notice to pay rent or ...
2024.03.19 Motion for Leave to File Amended Complaint 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.19
Excerpt: ...k performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Bo ulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant Caltrans, and then set the replacement pole into the broken pipe. When EPC discovered the damage, it attempted to stabilize the pole with foam and ...
2024.03.19 Motion for Judgment on the Pleadings, to Join Necessary Party 492
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.19
Excerpt: ...he loan, and then wrongfully foreclosed on his home. The property at issue is located at 10936 Pacific View Drive, Malibu, California in Ventura County (the “Property”). Plaintiff is the sole managing member of Corp. Realty USA, LLC (“CRU”), the trustee and borrower identified on the Deed of Trust and Note for the Property. (First Amended Complaint (“FAC”) ¶2.) Plaintiff sought to refinance an existing loan known as the “Cardenas L...
2024.03.15 Motion to Compel Arbitration and Stay Proceedings 659
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.15
Excerpt: ...Plaintiff Peder Robert Tarbox is a dependent adult, with physical and mental limitations restricting his ability to carry out daily activities. Defendant 413 SM Meridian Holdings LLC dba Meridian at Ocean Villa owns and operates a Residential Care Facility for the Elderly (“RCFE”). Plaintiff became a resident at the RCFE after suffering multiple strokes. Plaintiff claims the RCFE failed to properly appraise Plaintiff for changes in condition,...
2024.03.14 Motion for Reconsideration, Demurrer, Motion to Strike SAC 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.14
Excerpt: ...cts. Plaintiff Aaron Celious is the owner of Maroon Society Inc. (“Maroon”). Maroon has assigned its claims to Celious. (Second Amended Complaint (“SAC”) ¶14.) Maroon is in the business of pr oviding data compilation, analysis and strategic services for both private and public sector entities. ( Id. ¶21.) Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not...
2024.03.14 Motion for Preliminary Injunction 408
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.14
Excerpt: ...m Street, Pacific Palisades, California (the “Property”). In 2021, Plaintiff planted a Ficus hedge row which she claims was entirely on her Property near the property line of the adjacent property, comm only known as 15230 Earlham Street (the “Adjacent Property”). At the time she planted the hedge, the Adjacent Property was a vacant house, having been foreclosed upon by a financial institution. In 2021, Defendants Dr. Albert Chang and Kyo...
2024.03.14 Demurrer 828
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.14
Excerpt: ...GROUND This case arises from a dispute over a billboard lease. Plaintiff Rittersbacher Sunset LLC was the owner of the real property located at 8300 West Sunset Boulevard, West Hollywood California (“Property”), which was the previous site of the Hollywood Standard H otel. Plaintiff claims Defendants Osik Media LLC (“Osik”) and Nicholas Petralia (“Petralia”, and together with Osik, the “Osik Defendants”) wrongfully possessed and h...
2024.03.13 Motion to File Records Under Seal 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.13
Excerpt: ...ease. Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, Santa Monica, California. This hearing is on Tenant's motion to file records under seal, filed in connection with Tenant's opposition to Landlord's motions in li...
2024.03.12 Motion to Lift Stay 873
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.12
Excerpt: ...p. (“Royal”) bought the property located at 521 N. Canon Drive, Beverly Hills, California (the “Property”) with the intent of remodeling and then re- selling it. (Compl. ¶13.) Plaintiff 521 N. Canon Dr. LLC (“Canon”) was formed to secure construction financing. ( Id. ¶16.) Royal later sold the Property to Canon. ( Id. ) Royal entered into a written agreement with Defendant Roman James Design Build Inc. (“RJDB”) for general contr...
2024.03.12 Demurrer, Motion to Strike FAC 598
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.12
Excerpt: ...ly wrongful lien placed on insurance proceeds. Cross -Plaintiff Stephen Kop was in an accident with an insured of Geico General Insurance Company (“Geico”). Kop was riding a scooter when he was struck by a car driven by Geico's insured. Geico settled the claim on behalf of its insured for $100,000. Geico received two notices of liens. One was from the California Department of Child Support Services for $659,158.56 for child support payments. ...
2024.03.12 Demurrer 066
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.12
Excerpt: ... sexually abused by a former employee of Defendant City of Santa Monica, Eric Uller. Plaintiff alleges that the abuse began in 2003 when he was 11 and continued for 2.5 years until 2005. During that period, Uller sexually abused Plaintiff multiple times, including oral and anal rape. The operative complaint alleges three claims for (1) negligence – negligent supervision, (2) negligence – negligent hiring and retention, and (3) negligent infli...
2024.03.08 Motions for Terminating and Monetary Sanctions 061
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.08
Excerpt: ...keting LLC (“TEAM”) provides event planning services primarily for college fraternities and sororities, as well as for other college student organizations. Cross -Defendant Michael Ol ivas is the sole owner of TEAM. From 2016-2020, Defendant and Cross -Complainant Brian Delino worked for TEAM as a sales representative. While working for TEAM, Delino allegedly stole TEAM's business for himself, converted TEAM funds for his own use, and used TE...
2024.03.08 Demurrer, Motion to Strike 432
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.08
Excerpt: ...iff was hospitalized at UCLA Ronald Reagan Medical Center for an upcoming heart procedure. (Compl. ¶ 13.) While Plaintiff was a patient at the hospital, all his meals were prepared and served by employees of Defendant the Regents of the University of Califor nia. ( Id. ¶ 14.) Plaintiff underwent a heart transplant procedure at the hospital. (Id. ¶ 15.) On October 13, 2022, Defendant's staff prepared and served Plaintiff a meal containing a rat...
2024.03.07 Motion for Summary Judgment, Adjudication 917
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.07
Excerpt: .... Arena, who is 93 years old, alleges that on November 26, 2021, he was walking on the Malibu Pier walkway located at 23000 Pacific Coast Highway, when he trip and fell. Plaintiff alleges that Defendant Malibu Pier Partners, LLC was negligent in the ownership and/or maintenance of its property so as to create and/or maintain the allegedly dangerous condition in the pier floor. Defendant contends Plaintiff tripped due to an elevation change betwee...
2024.03.06 Demurrer 839
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.06
Excerpt: ...nt Authority (“LACDA”) is liable for injuries she sustained when she tripped and fell on a pine cone on the sidewalk adjacent to a multi -use residential property owned and managed by LACDA in the City of We st Hollywood. Plaintiff alleges that LACDA failed to discover, locate, correct, warn and protect people from an alleged dangerous condition of the walkway and is therefore responsible for her injuries. The operative first amended complain...
2024.03.05 Demurrer, Motion to Strike SAC 939
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.05
Excerpt: ...tion defects. Plaintiff Samron & Associates (“Samron”) purchased a remodeled single- family residence from Defendant 3523 Greenfield, LLC (“Greenfield”). The home is located at 3523 Greenfield Ave, Los Angeles, Cali fornia (the “Property”). Greenfield was the owner and developer of the Property. Defendant Verono LLC (“Verono”) is a company affiliated with Greenfield that was involved in the development of the Property. Defendant A...
2024.03.04 Motion to File Confidential Records Under Seal 174
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.04
Excerpt: ...lates to a claim for attorneys' fees allegedly owed to Plaintiff Jacoby & Meyers Attorneys LLP. Plaintiff alleges it was retained by Defendant Sandra Lopez Ocampo to represent her in an action against Defendant Pacific Employers Insurance's insureds, Lion Raisins and Alan Jam es Torosian. Ocampo later substituted Plaintiff with Defendant McElroy Parris Trial Lawyers. Plaintiff filed a lien for fees and costs as well as a demand that its name be i...
2024.03.04 Motion for Attorney Fees 184
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.04
Excerpt: ...d. Plaintiff Leigh Collier alleges that Defendants Bergram van Munster, Elise Doganieri, Mark Dziak, Douglas Vargas and TNMC Group, LLC (“TNMC”) breached an oral contract or partnership agreement with her to “form a business.” The parties explored forming a new business – referred to as “Newco”—which if formed wo uld be a “new media production company whereby a network of local, physical production companies would effectively be...
2024.03.01 Motion to Vacate Default 335
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.01
Excerpt: ...“One Silver”) entered into a written agreement with Plaintiff California Access Scaffold, LLC, for scaffolding services. Plaintiff supplied the requested scaffolding and related labor for work on property located at 9930 Santa Monica, Blvd, Beverly Hills, California (the “Property”). Defendant BSD Properties 18, LLC aka BAS Properties 18 LLC owns the Property. In the midst of the construction project, a dispute arose between One Silver an...
2024.03.01 Motion for Leave to File Complaint 152
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.03.01
Excerpt: ...�). Plaintiff rented the McLaren to Defendant Paul Toutonghi on a website owned by Defendant Turo, Inc. Toutonghi was involved in a collision with the McLaren. Plaintiff took the McLaren to an autobody shop for repairs, which later submitted three repair invoices to Turo. Turo failed to pay the third repair invoice. As a result, the McLaren remained in the body shop for over five months. Plaintiff is alleging $309,396 in loss of use damages. On M...
2024.02.29 Motions to Vacate Default 296
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.29
Excerpt: ...ertzel Illulian (“Illulian”) for warehouse/storage space. Jebeli used the space to store over $1,396,136 worth of computer and computer -related equipment, inventory, fixtures and tools he used for his business. Jebeli was also storing boxes of men's clothing for his father -in -law valued at approximately $100,000. Defendants rented the space next to Jebeli's to a CBD oil manufacturer who used the premises to manufacture CBD oil, a highly fl...
2024.02.29 Motion to Compel Responses 128
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.29
Excerpt: ...ROUND This action stems from a landlord -tenant dispute. Plaintiff Xenon Investment Corp. entered into a written lease (“Lease”) with Defendant Garrett Bellrios , LLC (“LLC”) for commercial property located at 1106 N. La Cienega Boulevard, #206, West Hollywood, California (the “Property”). The lease was personally guaranteed by Defendant Garrett Bellrios (“Bellrios”). The Lease contains another entity as co-lessee, Katrina Spears ...
2024.02.29 Motion for Leave to File Amended Complaint 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.29
Excerpt: ...to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Bo ulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant Caltrans, and then set the replacement pole into the broken pipe. When EPC discovered the damage, it attempted to stabilize the pole with foa...
2024.02.23 Motion for Summary Adjudication 505
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.23
Excerpt: ... arises out of a landlord tenant dispute. Plaintiffs Julie Platner and Domenick Cimino (and their two young children) were tenants of 627 Westminster Avenue, Apartment 4, Venice, California (the “Property”). The Property is owned by Defendants Paul G. Ryan and Teresa T. Soriano, individually and as trustees of the Ryan/Soriano Living Trust dated October 13, 2011. Defend ant Olivia Riley manages the Property. The relevant facts are as follows:...
2024.02.22 Motion to Vacate Dismissal 917
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.22
Excerpt: ... at the Beverly Hilton when he slipped and fell due to water on the stairs. He sustained serious and permanent injuries requiring surgery. His wife, Aimee Stalnaker, claims loss of consortium. The complaint alleges claims for premises liability and loss of consortium against two Defendants: Oasis West Realty dba The Beverly Hilton and Beny Alagem. On June 28, 2023, Plaintiffs' counsel appeared at a case management conference (“CMC”). Counsel ...
2024.02.22 Motion to Renew Motions for Leave to Amend Pleadings 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.22
Excerpt: ...each of a commercial lease. Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, Santa Monica, California (the “Property”). Tenant brought an action to seek a declaration excusing its failure to pay rent for the 7 th...
2024.02.21 Petition to Confirm Arbitration Award 681
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.21
Excerpt: ...d Andrea Left were married on November 11, 2017. Before they married, Salzman and Left entered into a written premarital agreement (the “Agreement”). (Ex. 1 to Densen Decl. (“Final Award”) at 1.) The Agreement comprehensively set out the couple's rights regarding their separate properties. ( Id. at 3 -4.) The couple separated in October 2019, and Salzman filed a petition for dissolution of marriage in March 2020. ( Id. at 1.) Left died in...
2024.02.21 Demurrer to SAC 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.21
Excerpt: ...ispute. Plaintiff Elsie Coleman was employed by Defendant The Regents of the University of California (“the Regents”) as an administrative nurse II. She claims she was terminated in retaliation for reporting incidents that endangered patient safety, a pattern which she claims began in October 2019, when Plaintiff is sued a disciplinary memo against an employee who left his shift early without approval. (Second Amended Complaint (“SAC”) ¶...
2024.02.20 Motion to Set Aside Summary Judgment 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.20
Excerpt: ...to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Cany on Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant the People of the State of California (or “Caltrans”), and then set the replacement pole into the broken pipe. During a subsequent rainst...
2024.02.20 Motion to Compel Compliance with Deposition Subpoena for Production of Business Records, for Monetary Sanctions 774
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.20
Excerpt: ...FF AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,085.00 BACKGROUND This action arises from a car accident. Defendant Onalie Eleanor Johanna Marcott was driving her 2018 Kia Optima, with Plaintiff Victoria Robertson as a passenger, when it collided with non -party Paul Rafferty's 2019 Volkswagen Golf. Plaintiff claims Defendant was driving negligently and recklessly. The operative complaint alleges two claims for motor vehicle and general neglige...
2024.02.20 Demurrer, Motion to Strike FAC 190
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.20
Excerpt: ...ollywood” on February 24, 2023. “Micky's” is operated by Defendant WHBT, Inc. Plaintiff was allegedly told by an employee that he had to leave the premises. Plaintiff alleges that the “door person” named “Eric” slapped the phone out of his hand, tried to step on it, tackled Plaintiff to the floor, punched his face and kicked him. (First Amended Complaint (“FAC”) ¶¶4- 5.) As a result, Plaintiff's nose was fractured, his ribs an...
2024.02.16 Motion for Summary Judgment, Adjudication 277
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.16
Excerpt: ...rol of a collection of African American books, films and other works of art. The collection is owned by Plaintiff The Mayme A. Clayton Library and Museum (“MCLM”), and Plaintiff Renai Clayton, Jr. is one o f MCLM's directors. MCLM had a one dollar a year lease with LA County, at the former Culver City courthouse, located at 4130 Overland Avenue, Culver City, CA (the “Property”). Plaintiffs allege that Defendants 1 engaged in a scheme to k...
2024.02.16 Motion for Personnel Records 277
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.16
Excerpt: ...nician (“EMT”), leading to the arrest and imprisonment of the EMT. On July 22, 2019, Defendant LAPD Sgt. Jeannette Pelayo was in the process of transporting a sexual assault victim (“Lily”) to the rape treatment center at UCLA Medical Center (“UCLA”). Lily appeared to h ave a seizure, and Pelayo requested an ambulance. Plaintiff Roryce Dirden, an EMT, arrived at the scene. According to Dirden, a dispute arose as to whether to transpor...
2024.02.07 Motion to Vacate Dismissal 778
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.07
Excerpt: ...efendant's patio tables, when the large umbrella attached to the table fell over and hit her head. Defendant was served but never answered. The Court set an Order to Show Case (“OSC”) re Default for June 9, 2023. Plaintiff's counsel told his assistant to calendar the June 9, 2023 OSC. It was calendared but his assistant forgot to set alarms to remind counsel as to the date of the hearing. As a result, Plaintiff's counsel failed to appear for ...
2024.02.07 Motion to Compel Arbitration and Stay Proceedings 829
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.07
Excerpt: ...eighborhood grocery store located at 2030 Montana Avenue, Santa Monica, California. (Compl. ¶10.) It is a dba and owned by Defendant McGuire & McGuire, Inc. Defendant Carolyn McGuire, through her trust, is the sole shareholder of the corporation. She is the CEO and CFO of the corporation (id. ¶ 11), and her daughter, Shelli Peyton, is the corporation's secretary (id. ¶12). Plaintiff Juan Lopez began working for the Farms when he was 15 years o...
2024.02.07 Motion for Leave to File FAA 164
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.07
Excerpt: ...n property located at 13320 Mulholland Drive, Beverly Hills, California (“Plaintiffs' Property”). Defendant Merlin Offshore International ( “Merlin”) owns property located at 13318 Mulholland Drive, Beverly Hills, California (“Defendants' Property”). Defendant Michael Edson is the Chief Executive Officer, Secretary and Chief Financial Officer of Merlin. Plaintiffs have an express easement for ingress and egress onto Defendants' Proper...
2024.02.06 Motion to Stay Proceedings 518
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.06
Excerpt: ...f real property located at 9476 Readcrest Drive, Beverly Hills, California (the “Property”). Plaintiffs Joanna Scapa Anavim and Glauco Lolli-Ghetti bought the Property from Seller who was represented by Defendants Jonah Wilson and Hilton & Hyland Real Estate Inc. (“Moving Defendants”). Plaintiffs allege that Seller and Moving Defendants misrepresented the square footage, the number of bedrooms, and the existence of a lawful guest house. P...
2024.02.06 Motion to Compel Arbitration 493
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.06
Excerpt: ...aintiffs Perjad Saidian and Perjad Construction Inc. leased the car. Defendant Mercedes-Benz USA, LLC (“Mercedes-Benz”) issued a written warranty for the car. Plaintiffs claim the car was delivered with serious defects and non-comformities to warranty including defects to the engine, emission and electrical system defects. Plaintiffs signed a Motor Vehicle Lease Agreement (“Lease”) containing an arbitration provision. The provision states...
2024.02.02 Application for Writ of Attachment 468
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.02
Excerpt: ... to two Defendants, Global Automotive Solutions LLC (“GAS”) and GAS's successor in interest, Stelaro LLC (“Stelaro”). The loans total $14 million, only $1 million of which Plaintiff claims has been repaid. The loans were purportedly used to buy cars in Mexico which were re-sold for a profit in other countries. Defendant Christopher Klein served as the CEO of GAS and Stelaro. Defendant Alondra Group, LLC is the sole shareholder of Stelaro....
2024.02.02 Motion to Vacate Dismissal 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.02
Excerpt: ... Apartments. Defendants Cirrus Asset Management, Inc. and Richard Lopata are alleged to own, operate and/or manage the apartment complex. Plaintiff claims there was a bed bug infestation in his apartment, and Defendants did nothing to resolve the infestation, even after Plaintiff complained. Plaintiff claims he suffered physical and emotional injuries. On June 30, 2023, the Court dismissed the action without prejudice for failure to appear at the...
2024.02.01 Demurrer 593
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.01
Excerpt: ... caused Plaintiffs Oliver Kabilka and Phillip Kabilka to suffer headaches, dizziness, fatigue and difficulty falling or staying asleep. Plaintiffs are tenants in an apartment complex located at 2700-2800 Neilson Way, Santa Monica, California. Defendant American Towers, LLC owns and/or operates the apartment building. American Towers contracted with Defendant Starry Inc. to install antennas and transmission equipment on the rooftop of the apartmen...
2024.02.01 Demurrer 261
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.01
Excerpt: ...�) with Defendants Ivelina Gancheva and Danail Todorov (“Tenants”) for property located at 10883 Rose Avenue Apt 105, Los Angeles, California (the “Premises”). Tenants failed to pay rent due under the Lease. A three-day notice to pay rent or quit (the “Notice”) was served on Tenants. Tenants failed to pay the demanded rent or quit the Premises within the statutory period. As a result on July 21, 2023, Landlord filed an unlawful detain...
2024.01.31 Motion for Reconsideration 272
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.31
Excerpt: ...les”. Defendants Meriwether Companies LLC, Singerman Real Estate LLC, Derek Strader, Out-FitNRG, LLC and Out-FitNRG Inc. own and operate the club. As a result of the accident, Plaintiff alleges she sustained severe injuries including a broken nose, concussion as well as cervical and lumbar disc injuries. Plaintiff previously moved to vacate an order of dismissal of her Complaint. Plaintiff's complaint was dismissed because she failed to serve D...
2024.01.31 Demurrer, Motion to Strike FAC 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.31
Excerpt: ... owner of Maroon Society Inc. (“Maroon”). Maroon is in the business of providing data compilation, analysis and strategic services for both private and public sector entities. Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not chosen for either project. Defendant Ernesto Morales' company, North Star Alliances LLC, was awarded the bid for one of the projects. De...
2024.01.30 Request for Entry of Default Judgment 302
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...t Cundall who is now deceased and is represented by the trustee of Cundall's trust, Keith Anthony. Cross-Defendant Francesco Romano is alleged to have owed a fiduciary duty to Cundall as he held a power of attorney for Cundall. Romano is further alleged to have breached his fiduciary duty by (1) failing to pay rent on a rental unit owned by Cundall for 15 months at a monthly rate of $2,800 for a total of $42,000 and (2) taking money from Cundall ...
2024.01.30 Motion to Vacate Default and Judgment 773
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...ive, Beverly Hills, California 90210 (the “Bral Property”). Defendants Khosrow Shoumer and Fariba Shoumer, individually and as trustees of the Shoumer Trust, own the property next door, located at 1211 Beverly Estates Drive, Beverly Hills California 90210 (the “Shoumer Property”). In 2020, Defendants began construction on the Shoumer Property. During construction, Plaintiff alleges Defendants' contractors entered into the Bral Property an...
2024.01.30 Motion to Continue Anti-SLAPP Motion and Demurrer 351
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...� 426.16 BACKGROUND This case involves a landlord tenant dispute. Plaintiffs Monty Rowan and Julie Searles, individually and on behalf of all others similarly situated have brought a class action against Defendants Dolphin Marina LTD and GK Management Co. Inc. for engaging in construction activities affecting the common areas of the apartment complex in which they reside. They claim the construction created pollution, noise, toxic dust, asbestos ...
2024.01.30 Demurrer 866
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...ht the multi- family building located at 3750 Jasmine Avenue, Los Angeles, California. (Compl. ¶9.) The building consists of 40 units and is governed by the City of Los Angeles Rent Stabilization Ordinance. ( Id.) Landlord entered into a “responsible person agreement” with Defendant Gayle Hooks. ( Id. ¶14.) Under the agreement, Gayle's only responsibility was to report nighttime emergencies and report any common area maintenance issues she ...
2024.01.12 Motion for Leave to File Amended Complaint 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.12
Excerpt: ...ormed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant Caltrans, and then set the replacement pole into the broken pipe. When EPC discovered the damage, it attempted to stabilize the pole with foam and gravel,...
2024.01.11 Petition to Enforce Subpoena for Production of Docs 232
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.11
Excerpt: ...This action arises from a petition to enforce a third party subpoena for documents in connection with an action outside of California. The out-of-state action is based in Missouri, Case No. 2211-CC00190 (the “Missouri Action”). The Missouri Action arises out of the February 2018 sale of a property management business then owned by Petitioner Worth Clark Inc. to the RW Entities. The RW Entities used a subordinated promissory note to pay for 40...
2024.01.10 Demurrer 170
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.10
Excerpt: ...al Center, LLC performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient sedation and anesthesia was provided”. (First Amended Complaint (“FAC”) ¶22.) Plaintiff claims that during the procedure, he indicated to both individual Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the surgery and could ...
2024.01.10 Motion for Attorney Fees 467
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.10
Excerpt: ...TION FOR ATTORNEYS' FEES BACKGROUND This shareholder derivative lawsuit stems from a dispute between Plaintiff Elena Mondragon and her homeowner's association, Marina City Club Condominium Owners Association (“HOA”). Plaintiff has also sued former members of the HOA's Board of Directors: Neil Kelliher, Peter Bergmann, Louise Pesce, Donna Bryce and Lahdan Rahmati (“Moving Defendants”). Plaintiff asserts a derivative action against the Movi...
2024.01.09 Motion for Summary Judgment, Adjudication 048
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.09
Excerpt: ...is case arises out of a landslide that caused damage to the home of Plaintiffs Jonathan Raiman and Niloufa Raiman. The landslide was caused by a break in the water service line located at the uphill property of Defendants and Cross-Complainants Nazilla Levy as Trustee of the N.Y. Levy Grantor Trust, the NS Yamin Trust and the S. Yamin Grantor Trust (collectively “Levy”). The broken water line caused a slope failure with water and debris flowi...
2024.01.09 Motion for Summary Judgment 938
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.09
Excerpt: ... connected to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant The People of the State of California (or “Caltrans”), and then set the replacement pole into the broken pipe. During a subsequ...
2024.01.09 Demurrer 628
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.09
Excerpt: ...es County Metropolitan Transportation Authority (“MTA”) bus. The operative complaint alleges a single claim of negligence. This hearing is on Defendant City of Los Angeles' demurrer to the complaint. The City argues that Plaintiff's entire complaint is subject to demurrer because (1) Plaintiff did not file her complaint within the limitations period established by the Government Code, and (2) the City is not liable for the acts of the MTA as ...
2024.01.08 Motions to Compel Further Responses, for Sanctions 061
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.08
Excerpt: ...BACKGROUND This is a theft of trade secrets case. Plaintiff and Cross-Defendant Travel Entertainment and Marketing LLC (“TEAM”) provides event planning services primarily for college fraternities and sororities, as well as for other college student organizations. Cross-Defendant Michael Olivas is the sole owner of TEAM. From 2016-2020, Defendant and Cross-Complainant Brian Delino worked for TEAM as a sales representative. While working for TE...
2024.01.08 Motion for Reconsideration 085
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.08
Excerpt: ...gedly made offensive remarks about Plaintiff's menstrual period, personal hygiene and sexual activity. Plaintiff further alleges that despite her working around the clock, she was not compensated for overtime or provided rest and meal breaks. David then terminated Plaintiff when she opposed his alleged discrimination and harassment. Defendant paid Plaintiff's wages through various companies he owned, including XCVI, LLC (“XCVI”), Construction...
2024.01.08 Demurrer 388
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.08
Excerpt: ...evere injuries to his body, requiring ongoing medical treatment. The operative complaint includes a single claim for premises liability against Defendants CVS Pharmacy Inc., Stone Haven Partners, L.P., and Kone Inc. This hearing is on Defendant Kone Inc.'s demurrer to the complaint. Kone argues it is solely a maintenance and repair company and cannot be liable for premises liability because it is not a property owner, occupier or lessor, and it d...
2023.12.15 Motion to Confirm Contractual Arbitration Award 514
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.15
Excerpt: ...lopment services contract (the “Agreement”). Petitioner Aimprosoft is a Ukrainan company that specializes in information technology. Respondent Waterlee Productions, Inc. is a California Corporation that provides services to musicians over the internet. In December 2021, the parties entered into a written contract for services related to the expansion and development of Respondent's website. During the performance of the Agreement, a dispute ...
2023.12.15 Motion to Compel Further Responses, for Sanctions 201
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.15
Excerpt: ...etween shareholders of an out-of-state corporation. Petitioner James Davidson is a former FBI agent. He is a 50% shareholder of Respondent The World Protection Group, Inc. (“WPG”), a security services company incorporated in Nevada. The other 50% shareholder is Respondent Kent Moyer. During 2011, the relationship between Davidson and Moyer soured, and Moyer stopped providing Davidson with key information pertaining to WPG. Davidson claims Moy...
2023.12.15 Demurrer 824
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.15
Excerpt: ...er Family Trust (“Landlord”) is the owner of a home located at 236 Waterview St. Playa Del Rey, CA 90293 (“Property”). Defendant Shelon Douglas (“Tenant”) leases the Property and has failed to pay rent. This hearing is on Tenant's demurrer to the complaint. Tenant maintains that Landlord cannot bring an unlawful detainer action pursuant to Civ. Code §1942.4 because the Property has been declared “substandard” by the Los Angeles D...
2023.12.14 Motion for Summary Adjudication 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.14
Excerpt: ...USSION This lawsuit arises from property damage connected to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant Caltrans, and then set the replacement pole into the broken pipe. When EPC discovere...
2023.12.13 Motion for Reconsideration 176
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.13
Excerpt: ...at 10921 Wilshire Blvd, Los Angeles California. Defendant Ebi Nikjoo D.D.S. (“Tenant”) leases Suite 601 of the property (the “Property”) pursuant to a written lease agreement (the “Lease”). Tenant operates a general dentistry practice at the Property. Tenant failed to pay rent. Tenant claims Landlord allegedly failed to provide maintenance and repair services, as required by the terms of the Lease. Tenant claims this failure prevented...
2023.12.13 Motion for Leave to Amend Complaint 836
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.13
Excerpt: ...nder Ash claims Ashton Square Homeowners Association Inc. (“HOA”) failed to timely investigate and repair water damage to his condominium unit. This hearing is on Plaintiff's motion for leave to amend complaint. Plaintiff seeks to add (1) defendant Kathy Attai, the president of the HOA's board of directors, (2) a cause of action for negligence, and (3) a new prayer for relief. Plaintiff argues that the additional allegations arise from the sa...

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