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2023.07.13 Motion for Summary Judgment, Adjudication 947
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.13
Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...
2023.07.13 Demurrer to FAC 896
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.13
Excerpt: ...efendant American Restore Inc. BACKGROUND Plaintiffs George and Wendy Pino own a condominium unit located at 840 20 th Street, Unit 7, Santa Monica, California. (First Amended Complaint (“FAC”) ¶1.) Their home is part of a complex managed by Defendant Laurel Square Owners Association (“HOA”). (FAC ¶¶1, 2.) The HOA and each of its members are bound by a Declaration of Covenants, Conditions and Restrictions. (“CC&R's”). (FAC ¶¶11, ...
2023.07.12 Motion to Related Cases and Reassign Related Cases 224
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.12
Excerpt: ...Y: Plaintiff Roberto Soofiani BACKGROUND Defendants Don Chuy's Restaurant LLC, Jose Jesus Flores and Katherine Flores seek to relate three cases. The first filed case is the instant case, Roberto Soofani v. Don Chuy's Restaurant LLC, et al. (Case No. 21SMCV00224) filed on January 29, 2021. In this case, Soofani alleges that he entered into a lease with Don Chuy's Restaurant LLC, and when Defendants surrendered the leased premises, there was signi...
2023.07.11 Motion to Vacate Dismissal 975
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.11
Excerpt: ...ordingly, the Court dismissed the matter. Plaintiff now seeks to vacate the dismissal on the ground her counsel erred in failing to timely appear. No opposition was filed as of the posting of this tentative. LEGAL STANDARD Pursuant to Code Civ. Proc. §473(b), both discretionary and mandatory relief is available to parties when a case is dismissed. Discretionary relief is available under the statute as “the court may, upon any terms as may be j...
2023.07.11 Motion for Summary Judgment, Adjudication 595
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.11
Excerpt: ...reatening to not fund Plaintiff's car deals, and telling other management that Defendant would harm Plaintiff. The harassment escalated to a physical assault which resulted in Plaintiff being carried off in an ambulance. The operative complaint alleges claims for harassment and assault. Plaintiff is appearing in pro per. This hearing is on Defendant's motion for summary judgment or in the alternative for summary adjudication. Defendant argues tha...
2023.07.07 Motion to Set Aside and Vacate Dismissal 561
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.07
Excerpt: ... BACKGROUND This case arises from an unpaid credit card debt. Plaintiff Department Stores National Bank is the owner of Macy's American Express branded credit card account. Defendant owes $29,385.90 her account. Plaintiff has brought two common counts, for account stated and for money lent or paid. On May 11, 2023, the Court set an order to show cause (“OSC”) why sanctions (including dismissal) should not issue for failure to participate in a...
2023.07.07 Motion for Leave to Intervene 221
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.07
Excerpt: ...�) is a songwriter who has written or co-written songs for such well-known artists as Timbaland, Usher, and Fergie. Plaintiff co-wrote the remix version of “Old Town Road” by Lil Nas X and Billy Ray Cyrus which is one of the best selling singles of all time and was nominated for a Grammy. In 2015, Plaintiff entered into a music co-publishing agreement with Defendant Music Publishing Accelerator LLC (“MPA”) in which Plaintiff granted MPA t...
2023.07.07 Demurrer, Motion to Strike 190
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.07
Excerpt: ...his case arises from a landlord tenant dispute. Plaintiff Kelsi Bohnen entered into a lease agreement with Defendant Essex Management Corporation (“EMC”) for property located at 4750 Lincoln Blvd, Unit #381, Marina Del Rey, California (the “Property”). (Compl. ¶ 5.) Defendant Essex Portfolio L.P. (“Essex”) is the owner of the Property, and EMC is Essex's property manager. ( Id. ¶13.) Plaintiff claims she constantly complained to Def...
2023.07.06 Motion to Quash Subpoena for Production of Business Records 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.06
Excerpt: ...KEFIELD, INC. BACKGROUND This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). 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, S...
2023.07.06 Motion for Summary Judgment 989
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.06
Excerpt: ...Mansdorf, in his individual capacity and as trustee of the Bruce D. Mansdorf Living Trust dated July 25, 2008, is the owner of property located at 1380 Monument Street, Los Angeles, California (“Plaintiff's Property”). Defendant Frances Ontkean owns the property adjoining Plaintiff's Property, located at 1386 Monument Street, Los Angeles, California (“Defendant's Property”). Plaintiff claims an easement over Defendant's Property. The oper...
2023.07.06 Motion for Leave to File Amended Answer 709
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.06
Excerpt: ... located at 27835 Borna Drive, Malibu, California (“Plaintiff's Property”). Plaintiff's Property includes rights to two easements which allow ingress and egress for roadway and public utilities over Defendants Michael Kasaba and Michael E. Kasaba LLC's (“MEK”) land, located at 2210 Mar Vista Ridge Drive, Malibu, California (“Defendants' Property”). Plaintiff alleges Defendants made various misrepresentations to secure building permits...
2023.06.30 Demurrer 899
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.30
Excerpt: ...s Mahnaz Tabibian and California Fetal and Pediatric Cardiology, Inc. (“Plaintiffs”) BACKGROUND This action arises from an alleged breach of an oral contract. Plaintiffs Mahnaz Tabibian and California Fetal and Pediatric Cardiology Inc. allege that “on or about mid-November 2020 Plaintiffs entered into a verbal contract with Defendants to provide & collect Covid RT-PCR tests which would be submitted to Defendants' laboratory services. Defen...
2023.06.29 Motion to Strike FAC 071
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.29
Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...
2023.06.29 Motion to Compel Arbitration, Stay Proceedings 856
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.29
Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....
2023.06.28 Petition to Compel Arbitration 574
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.28
Excerpt: ...s from an employment dispute. Plaintiff Delany Burks was employed by Defendant Kossoris Search Inc. (“KSI”) as an executive assistant for approximately four months. KSI is an attorney search firm. Defendant Amy Kossoris is KSI's founder, director and officer and Plaintiff's direct manager. Plaintiff's Complaint alleges a single cause of action under the Private Attorneys General Act (“PAGA”). Plaintiff asserts her PAGA claims on behalf of...
2023.06.28 Motion for Leave to File Amended Answer 709
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.28
Excerpt: ...ty located at 27835 Borna Drive, Malibu, California (“Plaintiff's Property”). Plaintiff's Property includes rights to two easements which allow ingress and egress for roadway and public utilities over Defendants Michael Kasaba and Michael E. Kasaba LLC's (“MEK”) land, located at 2210 Mar Vista Ridge Drive, Malibu, California (“Defendants' Property”). Plaintiff alleges Defendants made various misrepresentations to secure building permi...
2023.06.27 Demurrer 268
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.27
Excerpt: ...lternate Health USA, Inc. and Michael Murphy RESPONDING PARTY: Plaintiff Mali Saatchi BACKGROUND This action arises from an alleged pattern of harassment by Defendants against Plaintiffs, including creating websites and social media pages and sending anonymous mailings and emails with derogatory and menacing content. There are seven Plaintiffs, nine Defendants, and ten causes of action, but for purposes of the present ruling, only two claims asse...
2023.06.23 Motion to Compel Further Responses, for Monetary Sanctions 243
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.23
Excerpt: ...NS MOVING PARTY: Plaintiffs and Cross-Defendants Glenn Stevens and Leslie Stevens, successor co- trustees of the Elizabeth Stevens Living Trust and Charles Eberly, as trustee of the Elizabeth Stevens and Andrew E. Stevens Family Trust (“Plaintiffs”) RESPONDING PARTY: Defendants McNoon Crystal Import, Inc. and Mehrivar Meknuni (“Defendants”) BACKGROUND This is a landlord-tenant dispute. Plaintiffs allege Defendants abandoned the leased pre...
2023.06.22 Motion to Quash Subpoena for Production of Business Records 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.22
Excerpt: ...WAKEFIELD, INC. This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). 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 Moni...
2023.06.22 Motion for Reconsideration 628
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.22
Excerpt: ...wn protest and her participation in the January 6, 2021 protests at the United States Capitol. Plaintiff claims Defendants' actions resulted in the demise of her previously “thriving” beauty salon business in Beverly Hills. One of those defendants is Heather McDonald, a comedian and podcaster. McDonald interviews celebrities and covers reality TV and other entertainment news. In May 2021, McDonald hosted another defendant, Josh Flagg, on her ...
2023.06.22 Motion for Leave to File Late Special Motion to Strike 164
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.22
Excerpt: ... adjoining properties on Mulholland Drive who share a driveway owned by Defendants Michael Edson and Merlin Offshore International (collectively “Merlin”). As pertinent here, Plaintiffs Stephen Xianpeng Liu and Faye Liu complain that Merlin's trash cans depict a small graphic of a “middle finger,” and that a cloth art piece depicting a “horned skull ringed inside an upside down pentagram” was hung on the exterior of Defendants' proper...
2023.06.21 Motion to Substitute Plaintiff 867
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.21
Excerpt: ...Meridian at Ocean Villa, an assisted living facility owned, operated and managed by Defendants 413 SM Meridian Holdings, LLC, Meridian Senior Living LLC, John Luong and Maria Roleda. Plaintiff was dropped by her caregiver during a transfer between her wheelchair and bed. Although she immediately complained of pain to her right leg, Plaintiff was not assessed by a doctor; no x-ray was ordered, and her daughter, Kathryn Moeller, was not notified of...
2023.06.20 Motion for Summary Judgment, Adjudication 131
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.20
Excerpt: ...601 Santa Monica, LLC BACKGROUND This action arises from breach of a commercial lease. On January 16, 2006, Plaintiff 9601 Santa Monica, LLC (“Landlord”) entered into a lease with Defendant Rodeo Investment, Inc. (“Tenant”) for property located at 9601 N. Santa Monica Blvd, Beverly Hills, California (“Property”). (Unidsputed Material Facts (“UMF”) No. 1.) The initial term of the lease was ten years, commencing on May 19, 2006 and ...
2023.06.20 Motion for Leave to File SAC 817
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.20
Excerpt: ...Investment Corporation BACKGROUND This case arises from a breach of a loan agreement. Defendant JCTLA Investment Corporation owns the real property located at 433 South Beverly Glen Blvd, Los Angeles, California (the “Property”). Defendant obtained an unsecured loan of $529,000 from Plaintiff Green & McCahill Holdings Limited, to pay for taxes, repairs and improvements on the Property. The loan is evidenced by a written affidavit dated April ...
2023.06.20 Demurrer 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.20
Excerpt: ...ON'S DEMURRER TO COMPLAINT MOVING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) RESPONDING PARTY: Plaintiff Estate of Adrine Mekertichian BACKGROUND Adrine Mekertichian was struck by a car and died while crossing Pacific Coast Highway to dine at a restaurant. Plaintiff, the Estate of Adrine Mekertichian, has sued the...

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