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2023.08.29 Motion to Deem RFAs Admitted 056
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.29
Excerpt: ... individually and through his successor in interest, Catherine Logerot RESPONDING PARTY: Defendants 13000 Victory Boulevard LLC, Windsor Gardens Healthcare Management Inc. and S&F Management Company, LLC BACKGROUND This action arises from a claim of elder abuse. Defendant 13000 Victory Boulevard LLC is a licensed 24-hour nursing facility (the “Facility”). (Compl. ¶9.) Defendant Windsor Healthcare Management, LLC (“WHM”) is a managing mem...
2023.08.29 Demurrer, Motion to Strike 423
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.29
Excerpt: ...t Sian Mitchell BACKGROUND This case arises from a bitter dispute between former spouses. Plaintiff Sian Mitchell and Defendant James Thomas were married. (Cross-Compl. ¶6.) Mitchell invested $145,000 in a company owned and controlled by Thomas, known as WTC LA, Inc. (“WTC”). (Id. ¶¶ 9, 11.) The alleged terms of the investment were that (1) Mitchell could invest her cash in inventory for WTC and if WTC earned a profit on such funds, Mitche...
2023.08.29 Demurrer 268
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.29
Excerpt: ... dispute. Defendant Satish Dass was a business associate of Plaintiff Paul Edalat. (Compl. ¶193.) In 2021, a business dispute arose between them, which continues today. ( Id.) On or about May 21, 2022, Dass came to the gate of the community where Edalat lives. Dass handed to the security officer at the gate a rifle and at the same time told the officer, “I have a problem with Paul Edalat [and two other neighbors of Mr. Edalat.]” ( Id. ¶194....
2023.08.28 Motion for Summary Judgment, Adjudication 703
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.28
Excerpt: ... LLC (“CVS”) RESPONDING PARTY: Plaintiff Mehdi Mohammadi BACKGROUND This case arises from an assault and battery outside a CVS store. The shopping center where the CVS is located was owned by Auerbach. (CVS' Undisputed Material Fact (“UMF”) No. 2.) Auerbach contracted with Kennedy-Wilson to manage and supervise the shopping center. (UMF No. 3). Kennedy- Wilson in turn contracted with Picore to provide security services for the shopping ce...
2023.08.25 Motion to Set Aside Dismissal of Unlawful Detainer Case and Restore Case to Civil Active Status 111
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.25
Excerpt: ...Holdings, LLC RESPONDING PARTY: Defendants Steven Marrs and Courtney Hazlett BACKGROUND This is an unlawful detainer action. Plaintiff Mayfair Monarch Holdings LLC is the Landlord and Defendant Steven Marrs is the Tenant for premises located at 5825 W. Seaglass Cirle, Playa Vista, California (the “Premises”). In May 2023, Plaintiff's counsel notified the Court that the parties reached a settlement, and the Court set an Order to Show Cause (�...
2023.08.24 Motion to Compel Further Responses, for Sanctions 824
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.24
Excerpt: ...750 MOVING PARTY: Defendant American Honda Motor Company, Inc. RESPONDING PARTY: Plaintiffs Crown Coachworks, Inc. and the Jacob & Martine Dunkel Family Trust BACKGROUND This case arises from a fire at a business owned by Plaintiffs Crown Coachworks, Inc. and the Jacob & Martine Dunkel Family Trust. Plaintiffs allege the fire was due to a lithium ion battery in a 2014 Honda Accord Hybrid manufactured by Defendant American Honda Motor Company, Inc...
2023.08.24 Motion for Sanctions 934
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.24
Excerpt: ...ross-Complainant Aurice Veloso BACKGROUND This case arises from an employment dispute. 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) Elderly Abuse; (2) Intentional Infliction of Emotional Distre...
2023.08.23 Motion for Attorney Fees 467
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.23
Excerpt: ...R ATTORNEYS' FEES MOVING PARTY: Defendants Essex Marina City Club L.P. and Seabreeze Management Company Inc. RESPONDING PARTY: Plaintiff Elena Mondragon, an individual and derivatively on behalf of Marina City Club Condominium Owners' Association BACKGROUND Plaintiff Elena Mondragon is a former unit owner at the Marina City Club property in Marina Del Rey, California. Defendant Seabreeze Management Company, Inc. (“Seabreeze”) is the former pr...
2023.08.23 Demurrer to SAC 739
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.23
Excerpt: ...Development, LLC, Confluential Productions, LLC, Black Love Inc., and T. Edward Oliver, Inc. RESPONDING PARTY: Plaintiff Adam Platzner BACKGROUND This case arises from a dispute between former alleged partners in several entertainment production companies. Plaintiff Adam Platzner alleges he was instrumental in helping Defendants Thomas (or Tommy) Oliver and Codie Elain Oliver secure financing and backing for their film projects. He was so essenti...
2023.08.18 Request for Default Judgment 281
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.18
Excerpt: ... a breach of a lease agreement. Plaintiff Dakota Financial LLC (“Lessor”) entered into a lease agreement with Defendant Family Pride Trucking Co. LLC (“Lessee”) on June 29, 2021 (the “Lease”) for a 2016 Freightliner Cascadia. Defendants Rosa Elena Hernandez and Jose Maria Hernandez (“Guarantors”) executed two separate guarantees (the “Guaranty”), which guaranteed payment by Lessee of all sums to be paid under the terms of the ...
2023.08.17 Application to Amend Complaint, to Seal and Keep Confidential Certificate of Corroborative Fact 869
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.17
Excerpt: ...CERTIFICATE OF CORROBORATIVE FACT BACKGROUND This case arises out of an alleged sexual abuse of a minor. Plaintiff alleges she was abused by a teacher employed by John Doe 1 (“Doe”) in 1974, when she was only 14 years old. (First Amended Complaint (“FAC”) ¶¶13-15, 18.) Plaintiff alleges she was “groomed” by the teacher on school grounds. ( Id. ¶¶ 18-20). Eventually, Plaintiff visited the teacher off school grounds at the teacher's...
2023.08.16 Motion to Strike or for Protective Order, to Confirm Arbitration Award 535
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.16
Excerpt: ...ION FOR PROTECTIVE ORDER BACKGROUND This case arises from a dispute among the shareholders of Defendant Wholesale Direct Metals (“WDM”), a business that sells precious metals to the public. WDM is a closely held corporation with, at one point, only five shareholders. (Hawley Decl. ¶ 5.) The shareholders had a long and contentious relationship. ( Id. ) After almost ten years in business together during which there was constant hostility, anim...
2023.08.16 Motion to Strike FAC 938
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.16
Excerpt: ...cher BACKGROUND This action arises from breach of contract. Plaintiff Bradley Fischer is a film producer, while Defendant New Republic Pictures, LLC is in the business of film and television production and financing. (First Amended Complaint (“FAC”) ¶¶ 1-2.) According to FAC, Dmitry Rybolovev, a Russian billionaire, was the indirect majority shareholder of Defendant. He held two-thirds of Defendant through a series of holding companies. His...
2023.08.15 Motion to Compel Deposition 224
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.15
Excerpt: ...ores and Katherine Flores BACKGROUND This case arises from a landlord tenant dispute. Plaintiff Roberto Soofiani owns property located on Jefferson Blvd in Los Angeles. Soofiani alleges that he entered into a lease (“Lease”) with Defendant Don Chuy's Restaurant LLC (the “LLC”). Defendants Jose Jesus Flores and Katherine Flores (collectively “the Flores”) are managing members of the LLC. Soofiani alleges that when Defendants surrendere...
2023.08.10 Motion to Compel Arbitration and Dismiss Complaint 414
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.10
Excerpt: ... provides an online platform through which third parties can sell products. Plaintiff Eric Mendoza created a third party seller account on Amazon, under the name “Works Concepts, Inc.”, which sells automotive parts and accessories. (Compl., ¶8.) All third party sellers must accept and agree to Amazon's Business Solutions Agreement (“BSA”) as a condition for selling on Amazon.com. (Lake Decl. ¶¶4-5.) The BSA contains a mandatory arbitra...
2023.08.10 Motion for Reconsideration 209
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.10
Excerpt: ...arises from a dispute between two former partners in a venture capital business called Zuma Partners. (Compl. ¶2.) Plaintiff David Carter claims that Defendant Yuan Shi misappropriated his name, photograph and likeness to launch a new venture capital fund called AI List. (Compl. ¶3.) Defendant allegedly raised money for his new fund by using Plaintiff's identity to raise money from many of the same investors who had invested with Zuma Partners....
2023.08.04 Motion to Transfer and Coordinate Actions 492
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...is action, Plaintiff Edgar Meinhardt alleges Defendants 1 misrepresented the terms of a home loan, including the amount of the loan, and then wrongfully foreclosed on his home (the “LA action”). The property at issue is located at 10936 Pacific View Drive, Malibu, California in Ventura County (the “Property”). Meinhardt alleges sixteen causes of action for (1) violation of Civil Code §2923.5, (2) wrongful foreclosure, (3) set aside forec...
2023.08.04 Motion to Enforce Settlement Agreement 401
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...ndants Luis Soliz and Picasso Aquariums, LLC BACKGROUND Plaintiff Soma Surgery Center owns a saltwater aquarium with exotic and expensive fishes. It hired Defendants Luis Soliz and Picasso Aquariums, LLC to clean the tank. Plaintiff claims that while cleaning the tank over the course of several days, Defendants turned off the filters, which also turned off the tank's oxygen. Plaintiff expressed concern to Defendants that the fishes were being dep...
2023.08.04 Motion for Summary Judgment 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...ita Medina BACKGROUND This is a premises liability claim. Plaintiff Margarita Medina fell on a sidewalk and parkway abutting property owned by Defendant Heather Village Home Owners Association (“HOA”). On September 6, 2020, Plaintiff was dropped off by Spencer Wray, an employee of the City of Culver City, adjacent to 6449 Green Valley Circle, which is owned by the HOA. Wray is a co-defendant in this case. Plaintiff is disabled and requires a ...
2023.08.04 Motion for Judgment on the Pleadings on SACC 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...SPONDING PARTY: Defendants and Cross-Plaintiffs Bagram and Susanna Mardirossian 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, Ca...
2023.08.04 Motion for Good Faith Settlement 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.04
Excerpt: ...PONDING 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, and the...
2023.08.02 Motion to Vacate Order Compelling Case to Arbitration 324
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.02
Excerpt: ...ACKGROUND This case arises from an employment dispute. Plaintiff Daryll Agustin filed his complaint against Defendant Douglas Emmett Inc., alleging 12 causes of action including various wage and hour violations, retaliation, wrongful termination, intentional infliction of emotional distress and negligent hiring, supervision and retention. The parties then entered into a joint stipulation submitting the matter to arbitration. The Court ordered Pla...
2023.08.02 Motion to Deem RFAs Admitted 840
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.02
Excerpt: ...LLC RESPONDING PARTY: Defendant Cinetel Films, Inc. BACKGROUND This action arises from a landlord-tenant dispute. Plaintiff Flynt Management Group LLC and Defendant Cinetel Films, Inc. entered into a sublease agreement for commercial premises located at 8484 Wilshire Blvd, Suite 850 C, Beverly Hills California 90211. Defendant defaulted on the sublease by failing to pay back rent in the sum of $161,090.20. Plaintiff has brought a single claim for...
2023.08.01 Demurrer, Motion to Strike 518
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.01
Excerpt: ...ate Inc. and Jonah Wilson RESPONDING PARTY: Plaintiffs Joanna Scapa Anavim and Glauco Lolli-Ghetti BACKGROUND This case arises from the purchase by Plaintiffs Joanna Anavim and Glaubo Lolli-Ghetti of a home located at 9476 Readcrest Drive, Beverly Hills, California 90210 (the “Property”) for over $5,000,000. Plaintiffs have sued the seller of the home (Alana Kagan) and the seller's agent (Hilton & Hyland Real Estate Inc. and Jonah Wilson). Pl...
2023.08.01 Motion for Summary Judgment, Adjudication 176
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.01
Excerpt: ...KGROUND This action arises from a landlord-tenant dispute. Plaintiff WW Westwood, L.P. (“Landlord”) owns the property located at 10921 Wilshire Blvd, Los Angeles California. (Undisputed Material Fact (“UMF”) No. 1.) Defendant Ebi Nikjoo D.D.S. (“Tenant”) leases Suite 601 of the property (the “Property”) pursuant to a written lease agreement (the “Lease”). (UMF 3.) Tenant operates a general dentistry practice at the Property. (...
2023.08.01 Request for Entry of Default Judgment 773
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.01
Excerpt: ... owns her home located at 1207 Beverly Estates Drive, 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 en...
2023.07.31 Demurrer to Complaint 224
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.31
Excerpt: ...hmadi Family Trust BACKGROUND This action stems from a landlord-tenant dispute. Anne B. Mirhamadi Trust (“Landlord”) entered into a written lease (“Lease”) with Defendant Patricia Sakai (“Tenant”) for property located at 1479 Carla Ridge, Beverly Hills, California 90210 (the “Property”). Landlord claims past due rent of $165,000. Landlord did not attach a copy of the Lease to the Complaint. Landlord served Tenant with a 3 day noti...
2023.07.28 Motion to Strike or for Protective Order 535
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.28
Excerpt: ...FOR PROTECTIVE ORDER BACKGROUND This case arises from a dispute among the shareholders of Defendant Wholesale Direct Metals (“WDM”), a business that sells precious metals to the public. WDM is a closely held corporation with, at one point, only five shareholders. (Hawley Decl. ¶ 5.) The shareholders had a long and contentious relationship. ( Id. ) After almost ten years in business together during which there was constant hostility, animosit...
2023.07.28 Demurrer, Motion to Strike FAC 036
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.28
Excerpt: ...damage restoration 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 err...
2023.07.28 Demurrer, Motion to Strike Amended Complaint 601
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.28
Excerpt: ...it and Nana Tatiboit, N.T., K.T. and J.T. minors through guardians ad litem David Tatiboit and Nana Tatiboit BACKGROUND This case arises from a landlord-tenant dispute. Plaintiffs David Tatiboit, Nana Tatiboit and their minor children rent an apartment at Marina 41, located at 4139 Via Marina, Marina del Rey, California (the “Property”). (First Amended Complaint (“FAC”) ¶ 7.) Defendant Equity Residential Management LLC owns, operates, ma...
2023.07.27 Motion to Vacate Entry of Default 429
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.27
Excerpt: ... Santorini Property, LLC BACKGROUND This case arises from a dispute over alleged construction defects. Plaintiff Santorini Property LLC entered into a written contract with Defendant M.W. Higgins Construction Inc. for construction services on a property located at 10560 Clarkson Road, Los Angeles, California 90064 (the “Property”). Plaintiff alleges Defendant failed to (1) perform in a competent manner all necessary work as identified under t...
2023.07.27 Motion for Summary Adjudication 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.27
Excerpt: ...ndant 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 Association (“...
2023.07.25 Motion for Leave to File Complaint 907
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.25
Excerpt: ...), which asserts causes of action for (1) violation of Government Code sections 815.2 and 820, (2) violation of Civil Code section 2100, (3) premises liability, (4) general negligence, and (5) products liability against several defendants, including Defendant the City of Culver City (“Defendant”). This matter arises from Plaintiff falling on a sidewalk, while being transported by Defendant's driver. On June 30, 2023, Defendant filed the insta...
2023.07.25 Demurrer 252
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.25
Excerpt: ...ndant the Bel Air Hotel (“Defendant”). This matter arises from Plaintiff being banned from Defendant's hotel. On June 22, 2023, Defendant filed the instant Demurrer. There is no opposition to the Demurrer. Demurrer Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿¿(Hahn v.¿Mirda¿(2007) 147 Cal.App.4th 740, 747.)¿¿When considering demurrers, courts read the allegations liberally and in context.¿�...
2023.07.21 Motion to Compel Arbitration and Stay Proceedings 874
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.21
Excerpt: ...s action against Defendant LYFT, INC. (“Defendant”), alleging two causes of action for general negligence and motor vehicle negligence based on an auto accident that occurred on or about January 18, 2023. On June 16, 2023, Defendant filed the instant motion to compel arbitration. No opposition has been filed. On, July 14, 2023, Defendant filed a notice of non-opposition. Motion to Compel Arbitration Standard Parties may be compelled to arbitr...
2023.07.20 Motion to Compel Deposition 619
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.20
Excerpt: ...ffs”) filed a Complaint for breach of a written lease against Defendant Paola Joice Miller (“Defendant”). On May 18, 2023, the Court held an IDC with regards to the subject Motion, where Defendant failed to appear, and the Court found Plaintiffs had satisfied their requirement to bring the instant Motion. On June 12, 2023, Defendant filed the Motion to Compel Defendant's Deposition. There is no opposition to the Motion. Motion Compel Deposi...
2023.07.17 Motion for Reconsideration 240
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.17
Excerpt: ...al services to Plaintiff Cecil Elmore by Defendants Abbas Eftekhari D.D.S. and Eftekharis D.D.S., Inc. dba United Dental Care. Plaintiff alleges Defendants allowed employees who were unlicensed to perform dental procedures on Plaintiff. As a result, Plaintiff claims he suffered “injuries to the inside of his mouth” and “negative mental medical conditions.” The operative complaint alleges claims for general negligence and intentional tort ...
2023.07.14 Motion for Summary Judgment, Adjudication 429
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.14
Excerpt: ...ion arises from an employment dispute. Defendant Tuition.io, Inc. (“Tuition”) provides a web based platform helping student borrowers organize and manage their student loan debt. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff John Doe worked at Tuition as a web developer and later a senior software developer, from April 21, 2015 to May 4, 2018. (UMF Nos. 2, 102.) Defendant Bob Wall was hired as V.P. of Engineering on October 2, 2017....
2023.07.14 Motion for Stay of Proceedings 127
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.07.14
Excerpt: ... Mirai for $64,897.63 from Defendant Sullivan Motors, LLC dba Toyota Santa Monica (“Dealer”). (Compl. ¶ 6.) Defendant Toyota Motor Sales U.S.A. Inc. (“Toyota”) is the warrantor and distributor of the car. (Compl. ¶ 1.) The car is hydrogen powered, meaning its fuel tank holds liquid hydrogen which is used to power an electric motor. (Compl. ¶ 7.) The car was advertised as having a range of over 400 miles on a single tank of hydrogen. (C...
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 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...
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 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 ...
2023.06.16 Demurrer 542
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.16
Excerpt: ...Monica Audi RESPONDING PARTY: Plaintiff Jeanette Mejia BACKGROUND This is a lemon law case. Plaintiff Jeanette Mejia leased a 2022 Audi Etron. (Compl. ¶9.) The car was covered by an express warranty that permitted Plaintiff to deliver the car for repair to Defendant Volkswagen Group of America, Inc.'s representative if the car developed a defect. (Compl. ¶10.) Plaintiff claims the car was delivered to her with (or developed) serious defects and...
2023.06.16 Demurrer, Motion to Strike FAC 107
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.16
Excerpt: ...lationship. Plaintiff Guzy Regev is an Israeli immigrant studying to be a nurse. (First Amended Complaint (“FAC”) ¶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.) Levy pressured Regev to move in with him, which she eventually agreed to do after Levy proposed. ( Id. , ¶¶18-20...
2023.06.15 Motion to Strike, for Summary Adjudication 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.15
Excerpt: ...hard 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 Gateway Homeowners Association (“Casa Gateway”), for failing ...
2023.06.15 Demurrer to SAC 277
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.15
Excerpt: ... Jr. RESPONDING PARTY: Defendant Mark Ridley Thomas /// 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, at the former Culver City courthouse, located at...
2023.06.14 Motion to Compel Arbitration, for Stay of Proceedings 127
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.14
Excerpt: ...oyota Santa Monica RESPONDING PARTY: Plaintiffs Stephan Derelian and SDA Legal Inc. BACKGROUND This case arises from a dispute over an allegedly defective Toyota Mirai. Plaintiff Stephan Derelian bought a new Toyota Mirai for $64,897.63 from Defendant Sullivan Motors, LLC dba Toyota Santa Monica (“TSM”). (Compl. ¶ 6.) Defendant Toyota Motor Sales U.S.A. Inc. (“Toyota”) is the warrantor and distributor of the car. (Compl. ¶ 1.) The car i...
2023.06.14 Demurrer to SAC, Motion to Compel Further Responses 503
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.14
Excerpt: ...ee 1, LLC RESPONDING PARTY: Plaintiff Ray T. Brown BACKGROUND This action stems from a landlord-tenant dispute which has been the subject of multiple lawsuits. Despite being 49 pages long, the operative Second Amended Complaint (“SAC”) is disjointed and largely unintelligible. As best as the Court can tell, Plaintiff is alleging claims for (1) gross negligence, (2) fraud, (3) malicious prosecution, (4) illegal eviction, (5) breach of the impl...
2023.06.09 Motion to Set Aside Default, Judgment 501
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.09
Excerpt: ... of America N.A. issued a credit card account to Defendant Shlomo Meiri. Plaintiff alleges Defendant defaulted on the account. The Complaint alleges common counts for an open book account and account stated. Plaintiff served Defendant with the Complaint by substitute service. Plaintiff's process server left a copy of the complaint at Defendant's residence and mailed a copy to the same address. Defendant did not respond to the Complaint. Plaintiff...
2023.06.09 Motion to Compel Arbitration and Stay Proceedings 121
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.09
Excerpt: ...ses from an attorney-client dispute. Plaintiff Ashkan Rajaee retained Defendant Weinberg Gonser Frost LLP (“WGF”) to represent him in a dispute with a former business partner. The parties entered into a written engagement agreement (the “Agreement”). The Agreement contains an arbitration provision. The provision states that Plaintiff and WGF “agree to submit all disputes regarding any aspect of our lawyer-client relationship to binding ...
2023.06.07 Motions to Compel Further Responses, for Monetary Sanctions 243
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.07
Excerpt: ...PPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS AND SUPPLEMENTAL SPECIAL INTERROGATORIES AND (3) FOR MONETARY SANCTIONS 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 (�...
2023.06.07 Motion to Quash Deposition Subpoena, for Protective Order, for Sanctions 824
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.07
Excerpt: ...G PARTY: Plaintiffs Crown Coachworks, Inc. and the Jacob & Martine Dunkel Family Trust RESPONDING PARTY: Defendant American Honda Motor Company, Inc. BACKGROUND This case arises from a fire at a business owned by Plaintiffs Crown Coachworks, Inc. and the Jacob & Martine Dunkel Family Trust. Plaintiffs allege the fire was due to a lithium ion battery in a 2014 Honda Accord Hybrid manufactured by Defendant American Honda Motor Company, Inc. (“Hon...
2023.06.02 Motion for Evidentiary Hearing 685
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.02
Excerpt: ...fornia (the "Property'). Title in the Property is currently vested in Plaintiff Duesenberg Investment Company, LLC as to an undivided seventy five percent (75%) interest and in Defendant Montecito ("Montecito") as to an undivided twenty five percent (25%) interest Plaintiff alleges that this is in error, and the Propefty should vest 100% in Plaintiff, as Montecito has now been dissolved. Plamtiff and Montecito are related entities. Priorto Montec...
2023.06.01 Demurrer 602
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.01
Excerpt: ...h of contract case. Plaintiff George Rappard M.D. Inc. isa medical office providing medical services often in personal injury and/or worker's compensation cases. Plaintiff treated Defendant Yasmm Avila. Avila and her attorney, Defendant Raymond Ghermezian, entered into a medical lien agreement mth Plaintiff to "withhold sums from any settlement judgment or verdict as may be necessary to adequately protect [PlaintifO and pay his charges." (Ex. A t...
2023.06.01 Motion to Enforce Settlement 993
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.01
Excerpt: ... of the Unruh Civil Rights Act ("Unruh") and the California Disabled Persons Act ("DPA"). Plaintiff Brian Whitaker is a quadriplegic and uses a wheelchair for mobiliV. (Compl. 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"). (Compl. '123.) On August 2, 2022, Plaintiff visited Double Zero (owned by Defendant Plant-Based Pizza Venice) ...
2023.06.01 Demurrer 896
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.06.01
Excerpt: ...tiffs George and Wendy Pino 01.vn a condominium unit located at 840 20th Street, Unit 7, Santa Monica, California. (First Amended Complaint ("PACO Ill.) Their home is part ofa 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 WII, 12.) Plamtiffs' home has a history of recurrmg roof and wall leaks...
2023.05.30 Application for Pre-Trial Writ of Possession 247
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.30
Excerpt: ...ND This action arises from breach ofa car sales contract. Plaintiff Ally Bank is the assignor ofa contractw•lth Defendant Oleg A. Shishkm to purchase a 2020 Toyota Camry (the "Contract'). The Contract is in default with a balance due and owing as of the filing of this action in the sum of $28,1666.80 together with other charges under the contract. Pursuant to the Contract, upon a default, Plamtiffhas the right to immediate possession of the car...
2023.05.26 Motion for Attorney Fees 247
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.26
Excerpt: ...INSPECTOR GENERAL Petitioner James Davidson Respondents The World Protection Group Inc. and Kent Moyer BACKGROUND This action arises from a dispute beb.veen shareholders of an out-of-state corporation. Petitioner James Davidson isa former FBI agent Heis 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 re...
2023.05.25 Motion for Summary Judgment 726
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.25
Excerpt: ...ft ankle replacement surgery (the "surgery") on Plaintiff Diana Weiss ("Plaintiff') . (Thordarson Statementof Facts ("TSOF") No. 3.) In the weeks following the surgery, Plaintiff developed a blister over the central portion of the wound and around the hindfoot (TSOP No. 4). Plaintiff was rebandaged and continued on antibiotic doxycy:line. (TSOF No. 4.) On April 2, 2018, Dr. Thordarson stopped doxycyclme as Plaintiff had no new wound dramage, and ...
2023.05.24 Motions to be Relieved from Waiver of Objections to RFAs 342
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.24
Excerpt: ...NS al„ Defendants. MOVING PARTY: RESPONDING PARTY Defendants Fast Track Construction Corporation and Great American Insurance Company Plaintiff Eco Energy Solutions Inc. dba High Volt Electric BACKGROUND This case arises from a dispute betvveen a general contractor, its surety and a subcontractor over payment for work performed by the subcontractor. Plaintiff High Volt Electric ("HVE") entered into a written subcontract unth Defendant Fast Trac...
2023.05.24 Motion for Protective Order 703
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.24
Excerpt: ... as Picore International, LLC P1 aintiff Mehdi Mohammadi BACKGROUND This case arises from an assault and battery. Plaintiff Mehdi Mohammadi alleges that in July 2019, he was beaten outside ofa CVS by a security guard for the strip mall. In addition to the security guard (Nathaniel Teague), Plaintiff has sued CVS, the owmer of the strip mall where the CVS was located (Auerbach National Sepulveda), the manager of the strip mall (Kennedy Wilson), an...
2023.05.24 Demurrer 988
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.24
Excerpt: ...ion BACKGROUND This claim arises from a failed application for a job at Wendfs. On some unknown date, Plaintiff Hunter Nation applied for an unknown position at a Wendy s location. Plaintiff alleges the location displayed a "Now Hiring' banner outside, and that the manager told him to apply then return in person once the application was complete. Plaintiff alleges he submitted an application but was never contacted by Wendy s for an interview. Pl...
2023.05.23 Motion to Compel Arbitration and Stay Proceedings 653
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.23
Excerpt: ... Raman and Eman Rwani Plaintiff Jane Doe BACKGROUND This case arises from an employment dispute. Plaintiff Jane Doe was employed as a server for Defendant The Huntley Hotel (the "Huntley') from 2016 until her constructive termmation on May 13, 2022. (FirstAmended Complaint CFAC") "[18, 45.) In October 2019, Plaintiff was attacked and sexually assaulted by Defendant Ryan ackson ("Jackson"), a co-worker, outside of work (FAC 18.) At a party at Plai...
2023.05.23 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.23
Excerpt: ...oyed by Defendant Leo David as a caregiver for his wife. Plamtiff 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 Plaintiffs menstrual period, personal hygiene and sexual activity. Plaintiff further alleges that despite her working around the clock she was not compensated for overtime or p...
2023.05.19 Demurrer 870
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.19
Excerpt: ... Dipti Varma-Kapadia dba PMI La Pacific and Aaron Kadosh Plamtiffs Gaspar Zatikian and Meline Zatikian BACKGROUND Plamtiffs Gaspar and Meline Zatikian owm real property located at 125 South Rexford Drive, Unit 101, Beverly Hills, California. Unit 101 is one often umts located in a condominium project referred to as the Wilshire Rexford. Plaintiffs are suing their homeowners association (The Rexford Inc.), the property manager (Dipti Varma Kapadia...
2023.05.18 Demurrer to FAC 565
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.18
Excerpt: ...enant dispute. Plaintiff lorie Esposito entered into a lease agreement with Defendant Essex Property Trust, Inc. for property located at 4750 Lincoln Blvd, Marina Del Rey, California (the "Property"). (First Amended Complaint ("PAC") 8.) Upon moving in, Plaintiff noticed the kitchen sink pipe was loose; the pipe was leaking, and the inside of the kitchen cabinet had water damage and a moldy smell. (First Amended Complaint ("FAC") '19.) The washer...
2023.05.18 Motion for Reconsideration or for Renewal 751
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.18
Excerpt: ...nd operates a properV management firm, assisting properV owners in renting out luxury vacation homes throughout California. Plamtiff Peter Deschner owns a home in Palm Springs, California (the "Palm Springs Property"). Defendant, through his firm, began leasing the Palm Springs Property to third parties, but failed to obtain the required permits from the City of Palm Springs. As a result, the City fined Plaintiff and imposed a lifetime rental ban...
2023.05.18 Motion to Set Aside Default Judgment 184
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.18
Excerpt: ...ndlord") is the owner of 1937 S. Beverly Glen Blvd, Apt 20, Los Angeles, California (the "Property'). Landlord leased the Property to Defendant Shahin Khajavi ("Tenant'). However Khajavi does not live on the Property; instead, the Property is occupied by his ex-wife (Nazgol Hemmatian) and his son. Landlord claims Khajavi has failed to pay rent due on the lease. This hearing is on Tenants motion to set aside default judgment. Tenant argues Landlor...
2023.05.17 Motion to Strike 880
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.17
Excerpt: ...ia Plamtiffs Jonathan Pople and April Kent BACKGROUND This action arises from a bicycle accident on a road maintamed by Defendant the People of the State of California ("State"). Plaintiff Jonathan People suffered serious and permanent personal injuries while riding his bicycle southbound on Decker Road (CA-23) in Malibu, California. (Compl. 23- 24.) His bicycle got stuck in a deep hole in the surface of the roadway, causing Pople to lose control...
2023.05.17 Motion to Stay Unlawful Detainer Case, to Consolidate Cases 673
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.17
Excerpt: ...tion arises from a landlord-tenant dispute. Defendants Farshad Okhovat and Faramarz Okhovat own commercial real property located at 1461 Wesb,vood Blvd, Los Angeles, California 90024 (the "Property"). Plaintiff Ray Payman leases the Property pursuant to purported oral lease agreements. Plamtiff alleges Defendants have knowmgly and willfully breached all of the oral lease agreements for the Property by (1) failing to obtam a mandatory Certificate ...
2023.05.17 Motion for Attorney Fees 628
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.17
Excerpt: ...dants for their coverage of her provocative comments durmg a COVID-19 lockdown protest and her participation in the lanuaty 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 reali5r TV and other entertainment n...
2023.05.16 Motion for Summary Judgment, Adjudication 219
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.16
Excerpt: ...fendants. MOVING PARTY: RESPONDING PARTY Defendant Traci Honda LaFlower Plamtiff Michael Phillips BACKGROUND This action arises from an investment in a cannabis cultivation company. Plaintiff Michael Phillips invested $100,000 in The LaFlower Group, LLC ("LLC"), a cannabis business. (Undisputed Material Facts ("UMP") No. 14.) Defendant Scott LaFlower ("Scott") formed the LLC. (UMF No. 16.) Scott also owns his own construction company called LaFlo...
2023.05.15 Motion to Set Aside Default 650
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.15
Excerpt: ...Y: PlaintiffXCV1, LLC BACKGROUND This action stems from a dispute befiveen a clothing company and a modeling agency. Plaintiff XCVI is a "high end" clothing brand principally located in Sherman Oaks, California. Defendant Wilhemina Intemational Inc. is a well-known modeling agency and operates in California through its subsidiary, Defendant Wilhemina West Inc. (collectively "Wilhemina"). XCVI retained the services of Wilhemina to hire non-party m...
2023.05.11 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.11
Excerpt: ...d lease. Plaintiff Rittersbacher Sunset LLC was the owmer of the real property located at 8300 West Sunset Boulevard, West Hollnvood 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 Propertyto operate a billboard. Defendants Ne...
2023.05.11 Demurrer, Motion to File Undertaking 817
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.11
Excerpt: ...from a breach ofa loan agreement Defendant ICTLA 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 repairs and improvements on the Property. The loan is evidenced by a written affidavit dated April 6, 2010, stating that Plamtiff is entitled to the principal amou...
2023.05.10 Motion for Attorney Fees 058
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.10
Excerpt: ...endants Ruth Preven and Enc Preven BACKGROUND This case arises from a dispute bet'.veen members ofa homeowners' association. Plaintiffs Ruth Preven and Eric Preven allege Defendants Joseph Campion and Samantha Georges have violated various provisions of "governing documents" by engaging in unapproved constructions on their property. Plaintiffs also allege a pattern of harassment by Defendants including Defendants replacing Plamtiffs' artvvork wit...
2023.05.09 Motion to Determine Defendant is not Entitled to Fee Waiver, to Repay Court Fees, for Sanctions 571
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.09
Excerpt: ...CTIONS OR OTHER APPROPRIATE RELIEF Plamtiffs Azar Mouzari and Hassan Nafchi, Trustees of Savannah Kiam Group Associates, Partners and Family Revocable Trust Defendant Margaret Yming Jiang BACKGROUND This action arises from a landlord-tenant dispute. Plaintiffs Azar Mouzari and Hassan Nafchi as Trustees of Savannah Kiam Group Associates, Partners and Family Revocable Trust ("Landlord") own real property Iwated at 960 N. Tigertail Road, Los Angeles...
2023.05.09 Motion for Summary Judgment 344
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.05.09
Excerpt: ... Malibu SEI Properties, LLC BACKGROUND This action arises from a contract dispute regarding a construction project located at 3155 Pacific Coast Highway, Malibu, California (the "Property"). Plaintiff/Cross Defendant Expert Decking Inc. CEDI") entered into a written contract with Defendant/Cross-Complainant Malibu SEJ Properties, LLC ("Malibu") for waterproofing work at the Property. (Undisputed Material Fact "UMP" No. 1.) EDI claims that Malibu ...

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