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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 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...
2023.10.24 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,...
2023.10.23 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 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...
2023.10.05 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 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....
2023.10.03 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 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 ...
2023.09.20 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...
2023.09.19 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”) ¶...

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