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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 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...
2023.12.15 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 ...
2023.12.14 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...
2023.12.12 Motion to Bifurcate 101
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.12
Excerpt: ...Plaintiff Civic Center Way, LLC (“CCW”) bought the Property from Defendant Third Point Land Company LLC (“Third Point”) for an initial purchase price of $6 million with a residual purchase price of up to $4 million. CCW intended to convert the vacant parcel into a medical building. CCW now seeks to rescind the sale. CCW alleges that Third Point actively concealed a Notice of Violation (“NOV”) it had received from the City of Malibu wh...
2023.12.12 Demurrer to SAC 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.12
Excerpt: ...son's Investments, Inc. (“Edson”) in a venture to buy and build out commercial properties to operate medical cannabis businesses. (Second Amended Complaint (“SAC”) ¶ 5.) To carry out this venture, Nygard directed Edson to purchase real property located at 9450 Topanga Canyon Blvd, Chatsworth, California 91311 (the “Property”). ( Id. ¶ 6.) After Edson bought the Property, Nygard formed Plaintiff 9450 Topanga Properties LLC (“Topang...
2023.12.08 Motion to Set Aside Dismissal 272
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.08
Excerpt: ...in Club Los Angeles”. 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. This hearing is on Plaintiff's motion to vacate an order of dismissal of her Complaint. Plaintiff's complaint was dismissed be...
2023.12.08 Demurrer, Motion to Strike Complaint 329
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.08
Excerpt: ...al Center 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 Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the surgery and could feel the incisio...
2023.12.07 Demurrer, Motion to Strike 657
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.07
Excerpt: ...een a school district and one of its students. Plaintiff Liav Mann alleges that as a member of the wrestling team at Beverly Hills High School, he was physically and verbally abused by his wrestling coach, Ryan Faintich. Faintich would tell members of his team to kick Plaintiff in the genitals and instructed Plaintiff not to fight back. (Compl. ¶¶10-13.) On one occasion, Faintich wrestled with Plaintiff, purposely headbutting him, leaving lumps...
2023.12.07 Motion to Direct Issuance of Writ of Immediate Possession 655
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.07
Excerpt: ...tiff SM 10000 Property LLC (“Landlord”) is the owner and manager of a luxury high rise apartment building at 10000 Santa Monica Boulevard, Los Angeles, California. (Browne Decl. ¶3.) Defendant Bryan Demosthenous (“Tenant”) leased Unit 3408 (the “Premises”). (Id. ¶5.) On February 17, 2021, Tenant signed a lease to rent the Premises at a base rent of $12,700 per month, plus $150 technology fee for television and internet services for ...
2023.12.07 Motion for Summary Judgment, Adjudication 756
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.07
Excerpt: ...ter Russ and Emily Nicole Eberhard entered into a residential lease agreement with Defendant Theodore Khalili (the “Lease”) for property located at 200 South Westgate Avenue, Los Angeles, California (the “Premises”). Defendant Ben Hagooli is the property manager for the Premises. The Lease was for one year at the rate of $17,500 per month. (Undisputed Material Facts (“UMF”) No. 1.) The Lease contained a “LEASE/RENTAL MOLD AND VENTIL...
2023.12.06 Request for Entry of Default Judgment 536
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.06
Excerpt: ...rprises LLC d/b/a Das Films, in the original principal amount of $1,249,284. Das Films did not satisfy the judgment. During Plaintiff's efforts to enforce the judgment, Plaintiff and Das Films entered into a “Resolution Agreement.” The Resolution Agreement required Defendants Das Films to make certain payments to Plaintiff. Das Films' obligations under the Resolution Agreement were guaranteed by S.P. Das Films, LLC, SPD Productions LLC, SPD I...
2023.12.01 Motion for Summary Adjudication 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.12.01
Excerpt: ... Trust RESPONDING PARTY: Defendant Southern California Edison (“SCE”), Edison Power Constructors, Inc. (“EPC”), Tidwell Excavation Acquisition Co. (“Tidwell”) and Hampton-Tedder Electric Company (“Hampton-Tedder”) BACKGROUND This action arises from property damage allegedly caused by a utility company and its contractors. The Howell Family Trust owns the property located at 604 S. Topanga Canyon Boulevard, Topanga, California (the...
2023.11.30 Request for Entry of Default Judgment 971
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.30
Excerpt: ...ky Holdings. Defendant Taylor Woods owns and manages Sky Holdings. The investment was to be used to purchase 17 distressed hotels from Eagle Hospitality Trust, a public lodging REIT, which never occurred. Ultimately, Plaintiff demanded the return of its investment funds. The monies were never returned. Plaintiff also demanded to inspect the books and records of Sky Holdings. Defendant failed to make the books and records available for inspection....
2023.11.30 Request for Entry of Default Judgment 941
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.30
Excerpt: ...C (“Anglin”) entered into a loan agreement with Plaintiff Forwardline Financial LLC. The agreement provided that Plaintiff would loan Anglin $42,500. Defendant Shannell Lake executed a personal guarantee in favor of Plaintiff, whereby if Anglin defaulted on the loan, Lake would be personally responsible to Plaintiff. Anglin defaulted on the loan, and Lake has failed to pay any amounts due to Plaintiff. Defendants are indebted to Plaintiff in ...
2023.11.30 Demurrer 788
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.30
Excerpt: ...n. Defendant 404 San Vicente Boulevard Homeowners Association (the “HOA”) governs a 28-unit building located at 504 San Vicente Boulevard in Santa Monica California (the “Property”). Plaintiff owns Unit 202 of the Property (the “Unit”). (Compl. ¶7.) The Declaration of Covenants, Conditions and Restrictions (“CC&R's”) for the Property obligated the HOA to maintain, repair, restore and make necessary improvements to the common area...
2023.11.29 Motion for Reconsideration 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.29
Excerpt: ...ence report no later than five days before the conference. The joint status report was due September 8, 2023. On September 8, counsel for David emailed counsel for Veloso, asking for Veloso's section of the joint report on the same date the report was due. (Elalami Decl. ¶2.) Veloso's counsel did not respond so David's counsel submitted a unilateral report on September 8, 2023, noting Veloso's lack of cooperation. (Ex. 2 to Riccomini Decl., Ex. ...
2023.11.29 Motion for Leave to File SAC 939
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.29
Excerpt: ...�Samron”) purchased a remodeled single-family residence from Defendant 3523 Greenfield, LLC (“Greenfield”). The home is located at 3523 Greenfield Ave, Los Angeles, California (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 Andrew William Raitt (“Raitt”) is the manager ...
2023.11.28 Demurrer, Motion to Strike 936
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.28
Excerpt: ...ses out of the construction of an approximately 18,000 square foot home in Pacific Palisades, California, located at 15954 Alcima Avenue (the “Property”). The general contractor for the project, Defendant Suarez Build Construction Inc. (“Suarez”), is alleged to have breached its construction contract, performed work below the minimum standard of care, and was not properly licensed at all times during the construction of the Property. Suar...
2023.11.28 Demurrer, Motion to Strike 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.28
Excerpt: ...iff 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 providing 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 ...
2023.11.17 Demurrer, Motion to Strike 190
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.17
Excerpt: ...iff Johnny Rodriguez was a patron of a nightclub called “Micky's West Hollywood” 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. (Compl. ¶¶4-5.) As a result, ...
2023.11.17 Motion for Attorney Fees 406
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.17
Excerpt: ...Jane Doe alleges Defendant Jason Grainger followed her home from a restaurant and sexually assaulted her. Defendant contends that any contact between the parties was consensual. The Complaint alleges seven causes of action for (1) assault, (2) battery, (3) sexual battery, (4) denial of civil rights, (5) gender violence, (6) false imprisonment and (7) intentional infliction of emotional distress. Trial was held. The jury deliberated and found Defe...
2023.11.17 Motions for Writ of Attachment 781
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.17
Excerpt: ...n Trust, entered into a written commercial lease with Defendants Roem Automotive Inc. (“Roem”), Jeffery Atkins (“J. Atkins”) and Caren D. Atkins (“C. Atkins”, and together with J. Atkins, “the Atkins”) for commercial property located at 1101 Olympic Blvd, Santa Monica, California (the “Property”). (Ex. 1 to Geller Decl.) The Lease was subsequently amended in writing four times. The Lease together with the amendments shall be r...
2023.11.16 Motion for Summary Judgment 840
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.16
Excerpt: ...sublease agreement (the “Sublease”) with Plaintiff Flynt Management Group, LLC (“Landlord”) for property located at 8484 Wilshire Blvd, Suite 850C, Beverly Hills, California (the “Property”). (Undisputed Material Facts (“UMF”) Nos. 1-2.) The Sublease requires Tenant to pay monthly rent in the sum of $10,771.70 for the period of time from February 2020 through January 2021. (UMF No. 3.) Tenant failed to pay monthly rent in the sum ...
2023.11.15 Motion to Deem RFAs Admitted 024
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.15
Excerpt: ... Hamilton-Heinberg alleges she was wrongfully terminated by Defendant Alpargatas USA, Inc. because of her medical condition and her requests for medical leave. Plaintiff claims Defendant failed to engage in the interactive process to assess what accommodations Plaintiff would require and thus did not reasonably accommodate Plaintiff. On October 16, 2023, the Court granted Plaintiff's former counsel's motion to be relieved as counsel. Plaintiff is...
2023.11.15 Demurrer, Motion to Strike FAC, for Sanctions 085
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.15
Excerpt: ...n. Plaintiff Aurice Veloso was employed by Defendant Leo David as a caregiver for his wife. Plaintiff alleges that David asked her to sleep with him in exchange for improved working conditions and other financial incentives including a house, car and tuition. David also allegedly made offensive remarks about Plaintiff's menstrual period, personal hygiene and sexual activity. Plaintiff further alleges that despite her working around the clock, she...
2023.11.14 Special Motion to Strike Complaint 282
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...intiff Parter Medical Products, Inc.'s manufacturing department. Defendant Dominguez Firm LLP filed a lawsuit on behalf of Flores against Plaintiff. Flores' complaint included claims for violations of Gov't Code §12940 et seq. : (1) discrimination, (2) retaliation, (3) failure to prevent discrimination/retaliation, (4) failure to provide reasonable accommodation, (5) failure to engage in a good faith interactive process, and (6) wrongful termina...
2023.11.14 Motion to Vacate Dismissal 156
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...ro. As Plaintiff descended the stairs from the rooftop seating area of the bus, Villatoro is alleged to have suddenly and without warning, abruptly stopped the bus, causing injury to Plaintiff. On July 14, 2023, Plaintiff failed to appear at a case management conference (“CMC”). The Court noted Plaintiff had not submitted any filings including proof of service on Defendant. The Court therefore set an Order to Show Cause (“OSC”) re: Dismis...
2023.11.14 Motion to Strike or Tax Costs 124
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...ju Devgan, allege that employees of the City of Santa Monica (the “City”) were negligent in their response to Manju's 911 call, reporting that Baldev had fallen and hit his head on the bathtub in an upstairs bathroom in their home. (Compl. ¶¶ 12-13.) Plaintiffs allege City employees (unnamed EMTs and Firefighters, the Doe Defendants) failed to stabilize Baldev's neck or take other cervical spine precautions while moving him from the bathroo...
2023.11.14 Motion for Summary Judgment, Adjudication 184
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...s Vargas and TNMC Group, LLC RESPONDING PARTY: Plaintiff Leigh Collier BACKGROUND This action arises from a contemplated business venture which never materialized. Plaintiff Leigh Collier alleges that in 2014 she “pioneered the concept of a new media production company whereby a network of local, physical production companies would effectively be rolled up under the auspices of a single entity to develop and create programming in local and ofte...
2023.11.14 Demurrer 696
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.14
Excerpt: ...is is a trip and fall case. Plaintiff Linda Ghermezian alleges that she tripped and fell on a sidewalk at or near 8631 W. 3 rd Street, West Hollywood, California. Plaintiff claims Defendants City of Los Angeles, City of West Hollywood, County of Los Angeles, State of California and The LSMD Fund LA LLC owned, managed, maintained and inspected the sidewalk and caused it to be in a “dangerous condition” so as to cause Plaintiff to trip and fall...
2023.11.09 Motion to Approve Form of Judgment on SACC, to Sever and Try Separately SACC 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.09
Excerpt: ...N FAVOR OF CROSS DEFENDANT/PLAINTIFF RICHARD S. LEE AND AGAINST CROSS- COMPLAINANTS/DFEFENDANTS BAGRAM MARDIROSSIAN AND SUSANNA MARDIROSSIAN BACKGROUND This case involves a dispute over parking spaces. Plaintiffs Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They hav...
2023.11.08 Demurrer to SAC 107
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.08
Excerpt: ...aintiff Guzy Regev is an Israeli immigrant studying to be a nurse. (Second Amended Complaint (“SAC”) ¶8.) Defendant Niv Levy is a lawyer and solo practitioner. (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 SAC alleges that Levy pressured Regev to move in with him, which she eventually agreed to do after Levy proposed. ( Id. , �...
2023.11.03 Demurrer 694
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.03
Excerpt: ...of Shamsam Irrevocable Trust BACKGROUND The action arises from alleged fraudulent transfers. In 2006, East West Bank made a $5.3 million loan. Behnam Rafalian and his brother Behrooz Rafalian gave East West Bank two deeds of trusts to secure commercial guarantees given by the brothers. The deeds of trust encumbered the properties that are the subject of this action. (Compl. ¶¶ 4, 25, 26, 47; Exs. A, B to Request for Judicial Notice (“RJN”)....
2023.11.03 Motion for Release and Redelivery of Seized Property, for Damages and Interest, Attorney Fees 535
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.03
Excerpt: ...LEASE AND REDILVERY OF SEIZED PROPERTY, FOR DAMAGES AND INTEREST, AND FOR ATTORNEYS' FEES AND COSTS BACKGROUND This case arises from a dispute among shareholders of a closely held corporation called Wholesale Direct Metals (“WDM”). Damon Geller formed WDM. Defendant Niloofar Maashfegh Geller (“Lili”) is Damon's wife. WDM sells precious metals in coins and bullion form to the public. It advertises its offerings primarily on the Internet. W...
2023.11.02 Motion to Vacate Entry of Default 517
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ... Baboli, “Defendants”) which then contracted with Plaintiff to perform IT services. Baboli informed Plaintiff that the Entity Defendants would contract with Plaintiff as an independent contractor, servicing Plaintiff's clients, while also servicing the Entity Defendants' own clients as well. Plaintiff claims Defendants misappropriated its trade secrets to poach Plaintiff's clients for their competitive business. Plaintiff also claims Baboli b...
2023.11.02 Motion for Summary Judgment 892
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ...each of contract action. Plaintiff David Godley filed a form complaint, asserting a single claim for breach of contract against Defendants Jonathan Bodnar and Apollo Eleven, Inc. The form provides no details about the nature of the contract or the breach. Plaintiff is appearing in pro per. Defendant Jonathan Bodnar is the sole shareholder and CEO of Defendant Apollo Eleven, Inc. (Undisputed Material Fact (“UMF”) No. 9.) Bodnar attests there i...
2023.11.02 Motion for Summary Adjudication 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ...: Defendant Casa Gateway Homeowners Association BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Casa Gateway Homeowners Associatio...
2023.11.02 Demurrer 846
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ...ntiff 7 th Street Associates Inc., as General Partner of Lance Jay Robbins Paloma Partnership BACKGROUND This case arises from the alleged breach of a partnership agreement. Plaintiff 7 th Associates Inc. is the general partner of Lance Jay Robbins Paloma Partnership (“the Partnership”). (Compl. ¶7.) Defendants Duane Weaver and Negative Asset L.P. are each limited partners of the Partnership. ( Id. ) The sole asset of the partnership is a 58...
2023.11.01 OSC Re Contempt 773
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.01
Excerpt: ...rive, 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, Defendants' contractors entered into the Bral Property and destroyed Plain...
2023.11.01 Motions to Set Aside Default 043
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.01
Excerpt: ...ARTY: Plaintiff Leon Krous Drilling, Inc. BACKGROUND Treetop Development owns real property located at 9650 Cedarbrook Drive, Beverly Hills, California (“the Property”). Treetop contracted with Aram Madzhinyan and Aram G. Construction, Inc. (collectively “the Aram Defendants”), to perform concrete work on the Property. The Aram Defendants in turn contracted with Plaintiff Leon Krous Drilling, Inc. (“Krous”) to perform drilling and rel...
2023.11.01 Demurrer to FAC 083
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.01
Excerpt: ...$1 million so that Defendant could buy out his business partner and become the sole owner of a business entity, DTA II. (FAC ¶ 7.) Defendant promised that he would return the $1 million if the investment was successful and generated sufficient carried interest. (FAC ¶ 9.) In addition, Defendant promised that he would pay Plaintiff the net proceeds from 10% of all carried interest payments that Defendant receives from DTA II. (FAC ¶ 9.) Plainti...
2023.10.31 Motion for Summary Judgment 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.31
Excerpt: ...dlord”) is the owner of 10000 Santa Monica Blvd, Unit 2801, Los Angeles California (the “Premises”). (Browne Decl. ¶5.) Plaintiff entered into a written lease with Defendant Jakob Andersen (“Tenant”) to lease the Premises (the “Lease”). (Ex. 1 to Browne Decl.) The Lease was for 12 months at a monthly rate of $14,500 payable on the first day of each month. (Ex. 1 to Browne Decl., page 1, section (K).) Tenant failed to pay rent. (Bro...
2023.10.31 Demurrer, Motion to Strike 730
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.31
Excerpt: ...udy Choothesa (“Tenant”) rented residential real property from Defendant Canyon Native Rental Properties, LLC (“Landlord”) located at 502 Fernwood Pacific Dr., Topanga, California (the “Premises”). Tenant claims several habitability defects including foul odor from leaking septic water, electrical issues with the wiring, noises from the septic system, a retaining wall that fell in the kitchen, infestation of ants and spiders, insuffic...
2023.10.26 Motion for Summary Judgment, Adjudication 277
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.26
Excerpt: ...NDING PARTY: Plaintiffs The Mayme A. Clayton Library and Museum (“MCLM”) and Renai v. Clayton, Jr. BACKGROUND This case arises from a dispute over ownership and control 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 of MCLM's directors. MCLM had a one dollar a year lease with LA County, a...
2023.10.25 Motion for Terminating Sanctions 045
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.25
Excerpt: ...of medical negligence. Plaintiff Charlesey Morgan suffered an allergic reaction to neurotoxin injections performed by Defendant Dr. Laser MedSpa, PC. Plaintiff alleges she did not consent to the use of an off-brand injection and thought she was receiving Botox. The operative complaint alleges claims for medical negligence and battery. On August 22, 2022, Defendant served its Requests for Production of Documents, Set One. (Singh Decl. ¶ 2.) Respo...
2023.10.25 Demurrer to Answer to Complaint 557
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.25
Excerpt: ...ute arises from a car accident. Defendant Sidney Gale Gathrid rear-ended Plaintiff Rose Mary Benvie. Plaintiff alleges Defendant was traveling at an unsafe speed, failed to maintain a safe stopping distance and was inattentive to road conditions. Defendant Michele Gathrid owns the car that Sidney Gale Gathrid was driving (collectively “Defendants”). The operative complaint alleges claims for negligence and negligent entrustment. The answer to...
2023.10.24 Motions for Good Faith Settlement Determination 670
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.24
Excerpt: ...AITH SETTLEMENT DETERMINATION BACKGROUND This is a construction defect case. Plaintiff Tracie Calfee Dalton owns a home located at 1619 San Ysidro Drive, Beverly Hills, California (the “Property”). She purchased the Property from Defendants Pamela Becker and Ocean Santa Barbara Investments, LLC (“Ocean SB”). She alleges that when the Property was delivered to her, it was defective and unfit for its intended purposes. She alleges numerous,...
2023.10.24 Motion to Compel Arbitration 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.24
Excerpt: ...ner and Hanover Trust RESPONDING PARTY: Plaintiff Mark Lange BACKGROUND This case arises from a dispute over the sale of a home. Plaintiff Mark Lange entered into a written purchase agreement (the “Agreement') with Defendant Ebner and Hanover Trust (the “Trust”) to purchase a home located at 5868 Deerhead Road, Malibu, California (the “Property”). (Compl. ¶ 7.) Defendants Sandra Hanover Ebner and Stephen Ebner are trustees of the Trust...
2023.10.23 Demurrer 421
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.23
Excerpt: ...ivil Rights Act ("Unruh"). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. Yl.) Plaintiff is an ADA tester which is an individual with a disability who visits businesses to determine their compliance with the American Disabilities Act ("ADA"). (ld. 118.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (ld. "2-4, 11.) Durmghis visit, Plaintiff claims he observed...
2023.10.20 Request for Entry of Default Judgment 398
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.20
Excerpt: ...rity talent manager. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. Defendant's treatment was so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also disclosed to Plaintiff's friend, intimate details about the deformities caused to Plaintiff's face. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint a...
2023.10.20 Motion to Quash Service of Summons 809
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.20
Excerpt: ...unt with Plaintiff JPMorgan Chase Bank, N.A. Defendant failed to pay amounts due under the card, totaling $25,236.06. The operative complaint alleges common counts for open book account and account stated. This hearing is on Defendant's motion to quash service of summons. Defendant argues that contrary to the proof of service, he was not personally served. No opposition was filed as of the posting of this tentative ruling. DISCUSSION “Service o...
2023.10.20 Demurrer, Motion to Strike 873
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.20
Excerpt: ...Build, Inc. RESPONDING PARTY: Plaintiffs Royal Excel Enterprises Corp. and 521 N. Canon Dr. LLC BACKGROUND This is an indemnity and fraud case. Plaintiff Royal Excel Enterprises Corp. (“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 financ...
2023.10.17 Request for Entry of Default Judgment 078
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.17
Excerpt: ... with disabilities, visited Fair Market, located at 10458 National Blvd, Los Angeles California (the “Property”) on or about June 26, 2022. Fair Market is owned by Defendant Z&F Properties LLC. During his visit, Plaintiff encountered the following barriers to access related to his disability: (1) an accessible parking area whose slope exceeds Americans with Disabilities Act Accessibility Guidelines (“ADAAG”), (2) an accessible parking spa...
2023.10.13 Motion to Vacate Dismissal 226
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.13
Excerpt: ... alleges Defendant Teddy Marquez suddenly and negligently collided with her car near a highway off-ramp. The collision resulted in serious injuries to Plaintiff. The operative complaint alleges claims for “motor vehicle” and negligence. On August 3, 2023, the Court held an OSC and dismissed the case for failure to file a proof of service. This hearing is on Plaintiff's motion to vacate the dismissal. Plaintiff argues that the dismissal was th...
2023.10.10 Demurrer, Motion to Strike 403
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.10
Excerpt: ...m an alleged unauthorized publication of patient photos. Defendant Gary Motykie, M.D. performed several cosmetic procedures on Plaintiff Celeste Bianchi. Before and after each procedure, Defendant or his staff took photographs of Plaintiff. Plaintiff alleges she explicitly declined consent for her photos to be used on Defendant's website or in any similar capacity. On or before July 16, 2018, Defendant allegedly published Plaintiff's photographs ...
2023.10.06 Request for Entry of Default Judgment 041
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.06
Excerpt: ...agreement and guaranty. Defendant Stoneridge Construction, LLC entered into a written equipment finance agreement (“Agreement”) whereby Plaintiff Maxim Commercial Capital LLC agreed to finance Stoneridge's purchase of certain equipment, and Stoneridge agreed to make monthly payments. As further consideration, Defendant Onesimo Martinez, Jr. executed a personal guaranty (“Guaranty”) whereby he unconditionally guaranteed Stoneridge's paymen...
2023.10.06 Motion to Seal, Amended Motion for Issuance of Letters Rogatory 823
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.06
Excerpt: ... hired Defendants to develop a line of gummy candies in accordance with certain specifications: (1) formulation of three flavors of the products working with food scientists to ensure that the products met Plaintiff's strict requirements and expectations; (2) finding the right co-packer/co-manufacturer(s) and product blenders who would manufacture the products and then to work with those companies to ensure production met Plaintiff's specificatio...
2023.10.05 Demurrer 465
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.05
Excerpt: ...LLC BACKGROUND This action relates to a dispute over a non-compete provision. Defendant Focus Financial Partners LLC (“Focus”) is an acquirer of, and investor in, financial wealth management firms and other financial services firms. (Compl. ¶6.) Focus—through its wholly owned subsidiary NKSFB, LLC (“NKSFB”)—acquired substantially all assets of Nigro Karlin Segal Feldstein & Bolno, LLC (“Nigro Karlin”), a business management firm....
2023.10.05 Motion for Attorney Indemnity of Attorney Fees, to Vacate Debtor's Exam, for Voir Dire of Court Re Conflict or Bias 628
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.05
Excerpt: ...S MOVING PARTY: Plaintiff Gina Bisignano RESPONDING PARTY: Defendant Heather McDonald BACKGROUND Plaintiff Gina Bisignano has sued various defendants for their coverage of her provocative comments during a COVID-19 lockdown 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. O...
2023.10.05 Motion for Terminating Sanctions or for Issue and Evidentiary Sanctions 619
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.05
Excerpt: ...tee of the MC2011 Revocable Trust and Olga Chernova RESPONDING PARTY: Defendant Paola Joice Miller BACKGROUND This case arises from a landlord-tenant dispute. Plaintiffs Mikhail Chernov and Olga Chernova (“Landlords”) entered into a written lease agreement with Defendant Paola Joice Miller (“Tenant”) for property located at 1070 Somera Road, Los Angeles, California (the “Premises”). Tenant failed to pay rent. Landlords sued for breach...
2023.10.03 Motion to Seal and Compel Arbitration 557
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.03
Excerpt: ... DECLARATION OF ALAN SALZMAN BACKGROUND This action as well as a related case (Case No. 20SMCV01681, the “Related Action”) arise out of a dispute between Plaintiff Alan Salzman and Defendant Marc Shomer, regarding the division of property between Salzman and his deceased wife, Andrea Nicole Left (“Decedent”). Shomer, Decedent's brother, is the personal representative of the Estate and the Trustee of the Andrea Nicole Left Living Trust. Th...
2023.09.29 Motion for Attorney Fees 896
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.29
Excerpt: ...no and Wendy Pino 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, 12.) Plaintif...
2023.09.29 Demurrer, Motion to Strike 329
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.29
Excerpt: ...l malpractice case. Defendants David Kamen, Peter Mendelsohn and Specialty Surgical Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges “[t]he procedure performed including but not limited to the medications prescribed and provided and the timing thereof deviated from the standard of practice causing great pain, injury and anxiety, all causing severe injury and damage to Plaintiff.” (Compl. ¶9.) Plainti...
2023.09.28 Motion to Strike Second Motion for Summary Adjudication 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.28
Excerpt: ...Association RESPONDING PARTY: Plaintiffs Toni Kopek and Richard S. Lee BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Casa Gatewa...
2023.09.28 Motion to File Records Under Seal 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.28
Excerpt: ...0 & 2.551 BACKGROUND This action arises from a breach 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 declarat...
2023.09.28 Motion for Summary Judgment 627
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.28
Excerpt: ...dispute arises from a subrogation claim. Non-party Roberto Soofiani and Defendant Jose Jesus Flores (on behalf of Don Chuy's Restaurants, LLC) entered into a lease agreement (“Lease”) for property located at 11800 W. Jefferson Blvd, Space D, Culver City, California (the “Property”). (Undisputed Material Fact (“UMF”) No. 3.) Section 15 of the Lease contained a mutual waiver of subrogation claims: “Lessor and Lessee shall cause their ...
2023.09.28 Motion for Determination of Good Faith Settlement 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.28
Excerpt: ...ped and fell on a parkway that was uneven and contained jagged bricks. She was being transported in a van driven by Defendant Spencer Wray (“Wray”), an employee of Defendant the City of Culver City (“City”). Wray placed Plaintiff's walker on the raised and uneven brick parkway. Once Plaintiff got to her walker, she released the brake and attempted to walk forward only to fall backward after snagging on the edge of one of the raised bricks...
2023.09.27 Motion to Compel Further Responses, for Sanctions, for Protective Order 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.27
Excerpt: ...STS FOR ADMISSIONS, SET ONE, AND MOTION FOR SANCTIONS This hearing is on Plaintiff Leo David's motion to compel further responses to his (1) requests for production of documents, set one, (2) form interrogatories, set one, (3) special interrogatories, set one, and (4) requests for admissions, set one. David also seeks monetary sanctions. This Department's rules require David to file a joint statement consisting of four columns : the first column ...
2023.09.26 Motion to Strike or Tax Costs 575
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.26
Excerpt: ...erty Owners Association BACKGROUND This case arises from construction on a residential lot owned by Defendant Focus Line, LLC located at 10433 Lindbrook Drive in the Holmby Westwood neighborhood of Los Angeles (the “Property”). Plaintiff Holmby Westwood Property Owners Association (“HWPOA”) is a voluntary neighborhood association made up of members who own property in the Holmby Westwood neighborhood. Many of the lots in the Holmby Westwo...
2023.09.26 Demurrer, Motion to Strike 740
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.26
Excerpt: ...r RESPONDING PARTY: Plaintiff Sedigheh Hadian Ghahderijani BACKGROUND This action arises from a slip and fall. Plaintiff Sedigheh Hadian Ghahderijani is an elderly woman in chronic poor health over the age of 83. (Compl. ¶2.) Defendant OMID ADHC Corporation (“OMID”) owns and manages an adult day care facility called Sinai Adult Day Health Care (“Sinai”). (Id. ¶9.) Plaintiff goes to Sinai three times of week. (Id. ¶12.) OMID provides tr...
2023.09.25 Motion to Compel Further Responses 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.25
Excerpt: ...nd fell on a parkway that was uneven and contained jagged bricks. She was being transported in a van driven by Defendant Spencer Wray (“Wray”), an employee of Defendant the City of Culver City (“City”). Wray placed Plaintiff's walker on the raised and uneven brick parkway. Once Plaintiff got to her walker, she released the brake and attempted to walk forward only to fall backward after snagging on the edge of one of the raised bricks. Pla...
2023.09.20 Application for Pre-Trial Writ of Possession 789
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.20
Excerpt: ...len Karen Lang BACKGROUND This action arises from breach of a car sales contract. Plaintiff Santander Consumer USA Inc. dba Chrysler Capital (“Chrysler”) is the assignor of a contract (the “Contract”) with Defendant Ellen Karen Lang to purchase a 2019 Jeep Cherokee VIN No. 1C4PJLLB7KD247781 (the “Car”). The Contract is in default, with a balance due and owing as of the filing of this action in the sum of $29,806.02 together with other...
2023.09.20 Motion to Consolidate 192
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.20
Excerpt: ...orizon”) for breach of contract relating to a single-family residence located at 37 Twiggs in Irvine, California (the “Subject Property”). Yip alleges that Eastern Horizon has refused to sell the Subject Property to her at an agreed-upon price. On August 9, 2022, Eastern Horizon filed a cross-complaint relating to the Subject Property against Yip and Home Surface, Inc. dba Spectrum Realty (“Spectrum”) for breach of a lease agreement and...
2023.09.20 Motion for Joinder of Parties 036
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.20
Excerpt: ...tion company. Plaintiff Victor Alexandroff's home sustained water damage. (First Amended Complaint (“FAC”) ¶17.) He hired Defendant D&A Endeavors Inc. dba ServPro of Beverly Hills/Westwood to perform cleaning and restoration services and to prepare estimates that Plaintiff could then use to file a claim with his insurer. (FAC ¶¶19-21.) Plaintiff alleges that Defendant's estimates were so “poorly contrived” and full of errors, he fired ...
2023.09.19 Motion to Quash and Vacate Entry of Default 535
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.19
Excerpt: ...EFAULT MOVING PARTY: Defendant Marc Palazzo RESPONDING PARTY: Plaintiff Edwin Solorzano as an individual and in the right of and for the benefit of Wholesale Direct Metals BACKGROUND Plaintiff Edwin Solarzano alleges Defendant Marc Palazzo and others embezzled at least $9.65 million from Wholesale Direct Metals (“WDM”), a business that sells precious metals. (Compl. ¶ 23.) Solarzano alleges they did so by buying metals for non-existent custo...
2023.09.19 Motion for Leave to File Complaint 573
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.19
Excerpt: ...ard and Defendant Tony Scott entered into a joint venture agreement (“JVA”) to develop property in Houston, Texas. Scott provided the funds to purchase the property. The project became much more complicated and expensive than anticipated, and Scott wanted to end the partnership and sell the joint venture property. Plaintiffs objected and wanted Scott to continue to fund the project. Scott filed an arbitration demand to dissolve the partnershi...
2023.09.19 Motion for Good Faith Settlement 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.19
Excerpt: ...arry RESPONDING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) 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 driver (Sharon Barry), the restaurant (Moonshadows Malibu, Inc.), Caltrans,...
2023.09.18 Motion to Set Aside Judgment and Any Default, Quash Any Writ of Possession or Execution 975
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.18
Excerpt: ...itner BACKGROUND This case is an unlawful detainer action. Plaintiff Tamara Bitner is suing Defendant Marcia Kirschbaum for back rent and possession of property located at 833 Pine St., Santa Monica, CA 90405 Los Angeles County (the “Property”). Trial in this matter was held on August 9, 2023. Defendant failed to appear. Plaintiff was sworn and testified on her own behalf. Plaintiff requests $40,000 for past due rent, $32,000 for holdover fee...
2023.09.18 Demurrer 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.18
Excerpt: ...nder of title action. Plaintiff 9450 Topanga Properties LLC (“Topanga”) is the present owner of real property commonly known as 9450 Topanga Canyon Blvd, Chatsworth, California (the “Property”). Topanga claims that a deed of trust recorded against the Property and in favor of Defendant Nygard Foundation (“Nygard”) as beneficiary has slandered Topanga's title in the Property. As required in a demurrer, the Court accepts as true the fol...
2023.09.15 Motion for Summary Judgment, Adjudication 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.15
Excerpt: ...N MOVING PARTY: Defendant and Cross-Complainant High Noon Office, LLC RESPONDING PARTY: Plaintiff and Cross-Defendant Shegerian & Associates, APC BACKGROUND This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). In March 2019, Defendant High Noon Office LLC (“Landlord”) acquired the Building and its leases from Samo Clocktower, LLC (“Samo”). (Undisputed ...
2023.09.15 Motion for Stay of Proceedings or Stay of Discovery 324
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.15
Excerpt: ...d Earl Christensen, individually and as successor in interest to Eric Johnson Christensen has brought a wrongful death and survival action against Osman. Plaintiff has also sued the owners of the car, Defendants Silk Road Souq and Lama Nakami. The operative complaint alleges claims for negligence and negligent entrustment. Osman has been charged with vehicular manslaughter in violation of Penal Code 192(c)(2). The criminal proceeding arises from ...
2023.09.15 Motion for Issuance of Letters Rogatory, to Seal Issuance of Letters Rogatory and Seal Reply in Support of Motion for Protective Order 823
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.15
Excerpt: ...e of gummy candies in accordance with certain specifications: (1) formulation of three flavors of the products working with food scientists to ensure that the products met Plaintiff's strict requirements and expectations; (2) finding the right co-packer/co-manufacturer(s) and product blenders who would manufacture the products and then to work with those companies to ensure production met Plaintiff's specifications; (3) finding and sourcing all i...
2023.09.13 Demurrer, Motion to Strike 421
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.13
Excerpt: ...ns of the Unruh Civil Rights Act (“Unruh”). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. ¶1.) Plaintiff is an ADA tester which is an individual with a disability who visits businesses to determine their compliance with the American Disabilities Act (“ADA”). (Id. ¶8.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (Id. ¶¶2-4, 11 .) During his vis...
2023.09.12 Motion to Set Aside Dismissal 758
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.12
Excerpt: ... is a dispute between neighbors. This matter is one of two lawsuits between Northwestern Engineering Company (“NWE”) and Joseph Shemaria (“Shemaria”). The first action was filed on November 1, 2017 under case number SC128312 (“Shemaria I”), and the second action was filed on May 24, 2022 under the above-captioned case number (“Shemaria II”). Shemaria I arose out of NWE's claim to a prescriptive easement in a narrow walkway running...
2023.09.11 Motion to Enforce Settlement 647
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.11
Excerpt: ...rson RESPONDING PARTY: Defendant Los Angeles Metropolitan Transporation Authority BACKGROUND This is a wrongful death case. On or about January 15, 2019, Ronnie Solomon (“Decedent”) exited a Metro Expo Line train at the 17th St. Station in Santa Monica. Both the train and the station were owned, controlled, and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“METRO”). (First Amended Complaint (“FAC”) ¶...
2023.09.07 Motion to Deem RFAs Admitted, for Monetary Sanctions 005
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.07
Excerpt: ...0000 Property, LLC RESPONDING PARTY: Justin Ligeri BACKGROUND This case arises from a landlord tenant dispute. Plaintiff SM 10000 owns property located at 10000 Santa Monica Boulevard, Unit 3403, Los Angeles, California (the “Property”). Plaintiff entered into a one-year lease agreement (“Lease”) with Defendants Justin Ligeri, Christina Pecci and Cheyenne Brands LLC to rent the Property. The parties then entered into a second six month Le...
2023.09.07 Demurrer 124
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.07
Excerpt: ...partment) RESPONDING PARTY: Plaintiffs Baldev Devgan and Manju Devgan BACKGROUND Plaintiffs Baldev Devgan and his wife Manju Devgan, allege that employees of the City of Santa Monica (the “City”) were negligent in their response to Manju's 911 call, reporting that Baldev had fallen and hit his head on the bathtub in an upstairs bathroom in their home. (Compl. ¶¶ 12-13.) Plaintiffs allege City employees (unnamed EMTs and Firefighters, the Do...
2023.09.06 Motion to Take Discovery on Financial Condition 101
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.06
Excerpt: ...ay LLC RESPONDING PARTY: Defendants Third Point Land Company, LLC and Kelemen Company, LLC BACKGROUND This case arises from a dispute between a buyer and seller of undeveloped land located in the City of Malibu (the “Property”). Plaintiff Civic Center Way, LLC (“CCW”) bought the Property from Defendant Third Point Land Company LLC (“Third Point”) for an initial purchase price of $6 million with a residual purchase price of up to $4 mi...
2023.09.06 Motion for Protective Order 823
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.06
Excerpt: ...h Health, Inc. (“SSI”) filed a complaint against Defendants Mercenary Consulting, LLC, Mercenary Holdings, Inc., Mercenary Strikepoint, LLC, Mercenary Ventures, LLC, The Mercenary Collective, LLC, Semper Industries, LLC, Adam Louras, Austin Murray, Jacob Timony, and DOES 1-20, inclusive (collectively, “Defendants”), alleging: 1. Fraud in the Inducement 2. Fraud—Intentional Misrepresentation 3. Unfair Business Practices 4. Breach of Cont...
2023.09.06 Demurrer, Motion to Strike 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.06
Excerpt: ...laintiff Har-Bro West, Inc. to perform restoration services. Plaintiff Blusky Restoration Contractors LLC alleges that it subsequently took over the work from Har-Bro and in May 2020, acquired all contracts and accounts receivable from Har-Bro. (First Amended Complaint (“FAC”) ¶9.) In July 2020, Blusky filed a mechanic's lien against the Property, claiming it had supplied over $1.8 million in labor, services, equipment and/or material to the...
2023.08.31 Motion to Strike Punitive Claims 467
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.31
Excerpt: ...ff's Department) RESPONDING PARTY: Plaintiff Jane Doe BACKGROUND This case arises out of an alleged assault and battery. Plaintiff Jane Doe alleges that she was sexually assaulted and battered by two Los Angeles Sheriff's deputies during the course of her arrest at The Abbey Food & Bar in West Hollywood. Plaintiff alleges the deputies unclasped her bra, groped her breasts and asked her to remove her underwear in order to view her vagina. The oper...
2023.08.31 Motion to Good Faith Settlement Determination 892
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.31
Excerpt: ... Doe allege they suffered sexual abuse at the hands of Kermit “KC” Castellanos while they were minors. Defendants are the Diocese and the Parish where Castellanos was an associate rector and later the rector. The complaint alleges causes of action for (1) sexual battery of a minor, (2) battery, (3) negligent hiring, and (4) negligent supervision of a minor. After a full day of mediation on April 27, 2023, Plaintiffs and the Diocese entered in...
2023.08.31 Motion for Leave to Amend Complaint, for Judgment on the Pleadings 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.31
Excerpt: ... FOR JUDGMENT ON THE PLEADINGS BACKGROUND This action arises from a breach 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 acti...
2023.08.30 Motion to File FAC 381
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.30
Excerpt: ...rt and Final; Smart and Final Stores, LLC BACKGROUND This is a trip and fall case. While a customer at Defendants Bodega Latina Corporation dba Smart and Final and Smart and Final Stores, LLC, Plaintiff Bahram Feispor tripped and fell over a protruding corner of a pallet, allegedly suffering severe bodily injury. Plaintiff filed a complaint for negligence and premises liability against Defendants on November 15, 2022. This hearing is on Plaintiff...
2023.08.30 Motion for Summary Judgment 577
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.30
Excerpt: ...Wayne J. Saks BACKGROUND This case arises from an assault and battery in the parking garage of a condominium complex located at 277 South Spalding Drive, Beverly Hills, California (the “Property”). Plaintiff Wayne J. Saks claims he was viciously attacked by Defendant Pascal Landi because Plaintiff parked in a pre-assigned parking space belonging to Landi. (Undisputed Material Facts (“UMF”) Nos. 22-25.) Landi is a resident at the Property ...
2023.08.29 Motion to Strike SAC 828
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.29
Excerpt: ...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 Hotel. Plaintiff claims Defendants Osik Media LLC (“Osik”) and Nicholas Petralia (“Petralia”, and together with Osik, the “Osik Defendants”) wrongfully possessed and held over a portion of the Proper...

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