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Judge: Moreton, Edward B x
2024.02.07 Motion to Vacate Dismissal 778
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.07
Excerpt: ...efendant's patio tables, when the large umbrella attached to the table fell over and hit her head. Defendant was served but never answered. The Court set an Order to Show Case (“OSC”) re Default for June 9, 2023. Plaintiff's counsel told his assistant to calendar the June 9, 2023 OSC. It was calendared but his assistant forgot to set alarms to remind counsel as to the date of the hearing. As a result, Plaintiff's counsel failed to appear for ...
2024.02.07 Motion to Compel Arbitration and Stay Proceedings 829
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.07
Excerpt: ...eighborhood grocery store located at 2030 Montana Avenue, Santa Monica, California. (Compl. ¶10.) It is a dba and owned by Defendant McGuire & McGuire, Inc. Defendant Carolyn McGuire, through her trust, is the sole shareholder of the corporation. She is the CEO and CFO of the corporation (id. ¶ 11), and her daughter, Shelli Peyton, is the corporation's secretary (id. ¶12). Plaintiff Juan Lopez began working for the Farms when he was 15 years o...
2024.02.07 Motion for Leave to File FAA 164
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.07
Excerpt: ...n property located at 13320 Mulholland Drive, Beverly Hills, California (“Plaintiffs' Property”). Defendant Merlin Offshore International ( “Merlin”) owns property located at 13318 Mulholland Drive, Beverly Hills, California (“Defendants' Property”). Defendant Michael Edson is the Chief Executive Officer, Secretary and Chief Financial Officer of Merlin. Plaintiffs have an express easement for ingress and egress onto Defendants' Proper...
2024.02.06 Motion to Stay Proceedings 518
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.06
Excerpt: ...f real property located at 9476 Readcrest Drive, Beverly Hills, California (the “Property”). Plaintiffs Joanna Scapa Anavim and Glauco Lolli-Ghetti bought the Property from Seller who was represented by Defendants Jonah Wilson and Hilton & Hyland Real Estate Inc. (“Moving Defendants”). Plaintiffs allege that Seller and Moving Defendants misrepresented the square footage, the number of bedrooms, and the existence of a lawful guest house. P...
2024.02.06 Motion to Compel Arbitration 493
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.06
Excerpt: ...aintiffs Perjad Saidian and Perjad Construction Inc. leased the car. Defendant Mercedes-Benz USA, LLC (“Mercedes-Benz”) issued a written warranty for the car. Plaintiffs claim the car was delivered with serious defects and non-comformities to warranty including defects to the engine, emission and electrical system defects. Plaintiffs signed a Motor Vehicle Lease Agreement (“Lease”) containing an arbitration provision. The provision states...
2024.02.02 Motion to Vacate Dismissal 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.02
Excerpt: ... Apartments. Defendants Cirrus Asset Management, Inc. and Richard Lopata are alleged to own, operate and/or manage the apartment complex. Plaintiff claims there was a bed bug infestation in his apartment, and Defendants did nothing to resolve the infestation, even after Plaintiff complained. Plaintiff claims he suffered physical and emotional injuries. On June 30, 2023, the Court dismissed the action without prejudice for failure to appear at the...
2024.02.02 Application for Writ of Attachment 468
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.02
Excerpt: ... to two Defendants, Global Automotive Solutions LLC (“GAS”) and GAS's successor in interest, Stelaro LLC (“Stelaro”). The loans total $14 million, only $1 million of which Plaintiff claims has been repaid. The loans were purportedly used to buy cars in Mexico which were re-sold for a profit in other countries. Defendant Christopher Klein served as the CEO of GAS and Stelaro. Defendant Alondra Group, LLC is the sole shareholder of Stelaro....
2024.02.01 Demurrer 593
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.01
Excerpt: ... caused Plaintiffs Oliver Kabilka and Phillip Kabilka to suffer headaches, dizziness, fatigue and difficulty falling or staying asleep. Plaintiffs are tenants in an apartment complex located at 2700-2800 Neilson Way, Santa Monica, California. Defendant American Towers, LLC owns and/or operates the apartment building. American Towers contracted with Defendant Starry Inc. to install antennas and transmission equipment on the rooftop of the apartmen...
2024.02.01 Demurrer 261
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.02.01
Excerpt: ...�) with Defendants Ivelina Gancheva and Danail Todorov (“Tenants”) for property located at 10883 Rose Avenue Apt 105, Los Angeles, California (the “Premises”). Tenants failed to pay rent due under the Lease. A three-day notice to pay rent or quit (the “Notice”) was served on Tenants. Tenants failed to pay the demanded rent or quit the Premises within the statutory period. As a result on July 21, 2023, Landlord filed an unlawful detain...
2024.01.31 Motion for Reconsideration 272
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.31
Excerpt: ...les”. Defendants Meriwether Companies LLC, Singerman Real Estate LLC, Derek Strader, Out-FitNRG, LLC and Out-FitNRG Inc. own and operate the club. As a result of the accident, Plaintiff alleges she sustained severe injuries including a broken nose, concussion as well as cervical and lumbar disc injuries. Plaintiff previously moved to vacate an order of dismissal of her Complaint. Plaintiff's complaint was dismissed because she failed to serve D...
2024.01.31 Demurrer, Motion to Strike FAC 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.31
Excerpt: ... owner of Maroon Society Inc. (“Maroon”). Maroon is in the business of providing data compilation, analysis and strategic services for both private and public sector entities. Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not chosen for either project. Defendant Ernesto Morales' company, North Star Alliances LLC, was awarded the bid for one of the projects. De...
2024.01.30 Demurrer 866
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...ht the multi- family building located at 3750 Jasmine Avenue, Los Angeles, California. (Compl. ¶9.) The building consists of 40 units and is governed by the City of Los Angeles Rent Stabilization Ordinance. ( Id.) Landlord entered into a “responsible person agreement” with Defendant Gayle Hooks. ( Id. ¶14.) Under the agreement, Gayle's only responsibility was to report nighttime emergencies and report any common area maintenance issues she ...
2024.01.30 Motion to Vacate Default and Judgment 773
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...ive, Beverly Hills, California 90210 (the “Bral Property”). Defendants Khosrow Shoumer and Fariba Shoumer, individually and as trustees of the Shoumer Trust, own the property next door, located at 1211 Beverly Estates Drive, Beverly Hills California 90210 (the “Shoumer Property”). In 2020, Defendants began construction on the Shoumer Property. During construction, Plaintiff alleges Defendants' contractors entered into the Bral Property an...
2024.01.30 Motion to Continue Anti-SLAPP Motion and Demurrer 351
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...� 426.16 BACKGROUND This case involves a landlord tenant dispute. Plaintiffs Monty Rowan and Julie Searles, individually and on behalf of all others similarly situated have brought a class action against Defendants Dolphin Marina LTD and GK Management Co. Inc. for engaging in construction activities affecting the common areas of the apartment complex in which they reside. They claim the construction created pollution, noise, toxic dust, asbestos ...
2024.01.30 Request for Entry of Default Judgment 302
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.30
Excerpt: ...t Cundall who is now deceased and is represented by the trustee of Cundall's trust, Keith Anthony. Cross-Defendant Francesco Romano is alleged to have owed a fiduciary duty to Cundall as he held a power of attorney for Cundall. Romano is further alleged to have breached his fiduciary duty by (1) failing to pay rent on a rental unit owned by Cundall for 15 months at a monthly rate of $2,800 for a total of $42,000 and (2) taking money from Cundall ...
2024.01.12 Motion for Leave to File Amended Complaint 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.12
Excerpt: ...ormed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant Caltrans, and then set the replacement pole into the broken pipe. When EPC discovered the damage, it attempted to stabilize the pole with foam and gravel,...
2024.01.11 Petition to Enforce Subpoena for Production of Docs 232
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.11
Excerpt: ...This action arises from a petition to enforce a third party subpoena for documents in connection with an action outside of California. The out-of-state action is based in Missouri, Case No. 2211-CC00190 (the “Missouri Action”). The Missouri Action arises out of the February 2018 sale of a property management business then owned by Petitioner Worth Clark Inc. to the RW Entities. The RW Entities used a subordinated promissory note to pay for 40...
2024.01.10 Motion for Attorney Fees 467
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.10
Excerpt: ...TION FOR ATTORNEYS' FEES BACKGROUND This shareholder derivative lawsuit stems from a dispute between Plaintiff Elena Mondragon and her homeowner's association, Marina City Club Condominium Owners Association (“HOA”). Plaintiff has also sued former members of the HOA's Board of Directors: Neil Kelliher, Peter Bergmann, Louise Pesce, Donna Bryce and Lahdan Rahmati (“Moving Defendants”). Plaintiff asserts a derivative action against the Movi...
2024.01.10 Demurrer 170
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.10
Excerpt: ...al Center, LLC performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient sedation and anesthesia was provided”. (First Amended Complaint (“FAC”) ¶22.) Plaintiff claims that during the procedure, he indicated to both individual Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the surgery and could ...
2024.01.09 Motion for Summary Judgment, Adjudication 048
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.09
Excerpt: ...is case arises out of a landslide that caused damage to the home of Plaintiffs Jonathan Raiman and Niloufa Raiman. The landslide was caused by a break in the water service line located at the uphill property of Defendants and Cross-Complainants Nazilla Levy as Trustee of the N.Y. Levy Grantor Trust, the NS Yamin Trust and the S. Yamin Grantor Trust (collectively “Levy”). The broken water line caused a slope failure with water and debris flowi...
2024.01.09 Motion for Summary Judgment 938
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.09
Excerpt: ... connected to work performed by Defendant Southern California Edison's (“SCE's”) outside contractor, Defendant Edison Power Constructors, Inc. (“EPC”). While replacing a deteriorated SCE utility pole on Topanga Canyon Boulevard, EPC inadvertently drilled into an underground drainage culvert owned by Defendant The People of the State of California (or “Caltrans”), and then set the replacement pole into the broken pipe. During a subsequ...
2024.01.09 Demurrer 628
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.09
Excerpt: ...es County Metropolitan Transportation Authority (“MTA”) bus. The operative complaint alleges a single claim of negligence. This hearing is on Defendant City of Los Angeles' demurrer to the complaint. The City argues that Plaintiff's entire complaint is subject to demurrer because (1) Plaintiff did not file her complaint within the limitations period established by the Government Code, and (2) the City is not liable for the acts of the MTA as ...
2024.01.08 Motions to Compel Further Responses, for Sanctions 061
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.08
Excerpt: ...BACKGROUND This is a theft of trade secrets case. Plaintiff and Cross-Defendant Travel Entertainment and Marketing LLC (“TEAM”) provides event planning services primarily for college fraternities and sororities, as well as for other college student organizations. Cross-Defendant Michael Olivas is the sole owner of TEAM. From 2016-2020, Defendant and Cross-Complainant Brian Delino worked for TEAM as a sales representative. While working for TE...
2024.01.08 Motion for Reconsideration 085
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.08
Excerpt: ...gedly made offensive remarks about Plaintiff's menstrual period, personal hygiene and sexual activity. Plaintiff further alleges that despite her working around the clock, she was not compensated for overtime or provided rest and meal breaks. David then terminated Plaintiff when she opposed his alleged discrimination and harassment. Defendant paid Plaintiff's wages through various companies he owned, including XCVI, LLC (“XCVI”), Construction...
2024.01.08 Demurrer 388
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2024.01.08
Excerpt: ...evere injuries to his body, requiring ongoing medical treatment. The operative complaint includes a single claim for premises liability against Defendants CVS Pharmacy Inc., Stone Haven Partners, L.P., and Kone Inc. This hearing is on Defendant Kone Inc.'s demurrer to the complaint. Kone argues it is solely a maintenance and repair company and cannot be liable for premises liability because it is not a property owner, occupier or lessor, and it d...

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