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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 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...
2023.09.19 Motion to Quash and Vacate Entry of Default 535
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.19
Excerpt: ...EFAULT MOVING PARTY: Defendant Marc Palazzo RESPONDING PARTY: Plaintiff Edwin Solorzano as an individual and in the right of and for the benefit of Wholesale Direct Metals BACKGROUND Plaintiff Edwin Solarzano alleges Defendant Marc Palazzo and others embezzled at least $9.65 million from Wholesale Direct Metals (“WDM”), a business that sells precious metals. (Compl. ¶ 23.) Solarzano alleges they did so by buying metals for non-existent custo...
2023.09.19 Motion for Leave to File Complaint 573
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.19
Excerpt: ...ard and Defendant Tony Scott entered into a joint venture agreement (“JVA”) to develop property in Houston, Texas. Scott provided the funds to purchase the property. The project became much more complicated and expensive than anticipated, and Scott wanted to end the partnership and sell the joint venture property. Plaintiffs objected and wanted Scott to continue to fund the project. Scott filed an arbitration demand to dissolve the partnershi...
2023.09.19 Motion for Good Faith Settlement 034
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.19
Excerpt: ...arry RESPONDING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) BACKGROUND Adrine Mekertichian was struck by a car and died while crossing Pacific Coast Highway to dine at a restaurant. Plaintiff, the Estate of Adrine Mekertichian, has sued the driver (Sharon Barry), the restaurant (Moonshadows Malibu, Inc.), Caltrans,...
2023.09.18 Motion to Set Aside Judgment and Any Default, Quash Any Writ of Possession or Execution 975
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.18
Excerpt: ...itner BACKGROUND This case is an unlawful detainer action. Plaintiff Tamara Bitner is suing Defendant Marcia Kirschbaum for back rent and possession of property located at 833 Pine St., Santa Monica, CA 90405 Los Angeles County (the “Property”). Trial in this matter was held on August 9, 2023. Defendant failed to appear. Plaintiff was sworn and testified on her own behalf. Plaintiff requests $40,000 for past due rent, $32,000 for holdover fee...
2023.09.18 Demurrer 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.18
Excerpt: ...nder of title action. Plaintiff 9450 Topanga Properties LLC (“Topanga”) is the present owner of real property commonly known as 9450 Topanga Canyon Blvd, Chatsworth, California (the “Property”). Topanga claims that a deed of trust recorded against the Property and in favor of Defendant Nygard Foundation (“Nygard”) as beneficiary has slandered Topanga's title in the Property. As required in a demurrer, the Court accepts as true the fol...
2023.09.15 Motion for Summary Judgment, Adjudication 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.15
Excerpt: ...N MOVING PARTY: Defendant and Cross-Complainant High Noon Office, LLC RESPONDING PARTY: Plaintiff and Cross-Defendant Shegerian & Associates, APC BACKGROUND This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). In March 2019, Defendant High Noon Office LLC (“Landlord”) acquired the Building and its leases from Samo Clocktower, LLC (“Samo”). (Undisputed ...
2023.09.15 Motion for Stay of Proceedings or Stay of Discovery 324
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.15
Excerpt: ...d Earl Christensen, individually and as successor in interest to Eric Johnson Christensen has brought a wrongful death and survival action against Osman. Plaintiff has also sued the owners of the car, Defendants Silk Road Souq and Lama Nakami. The operative complaint alleges claims for negligence and negligent entrustment. Osman has been charged with vehicular manslaughter in violation of Penal Code 192(c)(2). The criminal proceeding arises from ...
2023.09.15 Motion for Issuance of Letters Rogatory, to Seal Issuance of Letters Rogatory and Seal Reply in Support of Motion for Protective Order 823
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.15
Excerpt: ...e of gummy candies in accordance with certain specifications: (1) formulation of three flavors of the products working with food scientists to ensure that the products met Plaintiff's strict requirements and expectations; (2) finding the right co-packer/co-manufacturer(s) and product blenders who would manufacture the products and then to work with those companies to ensure production met Plaintiff's specifications; (3) finding and sourcing all i...
2023.09.13 Demurrer, Motion to Strike 421
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.13
Excerpt: ...ns of the Unruh Civil Rights Act (“Unruh”). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. ¶1.) Plaintiff is an ADA tester which is an individual with a disability who visits businesses to determine their compliance with the American Disabilities Act (“ADA”). (Id. ¶8.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (Id. ¶¶2-4, 11 .) During his vis...
2023.09.12 Motion to Set Aside Dismissal 758
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.12
Excerpt: ... is a dispute between neighbors. This matter is one of two lawsuits between Northwestern Engineering Company (“NWE”) and Joseph Shemaria (“Shemaria”). The first action was filed on November 1, 2017 under case number SC128312 (“Shemaria I”), and the second action was filed on May 24, 2022 under the above-captioned case number (“Shemaria II”). Shemaria I arose out of NWE's claim to a prescriptive easement in a narrow walkway running...
2023.09.11 Motion to Enforce Settlement 647
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.11
Excerpt: ...rson RESPONDING PARTY: Defendant Los Angeles Metropolitan Transporation Authority BACKGROUND This is a wrongful death case. On or about January 15, 2019, Ronnie Solomon (“Decedent”) exited a Metro Expo Line train at the 17th St. Station in Santa Monica. Both the train and the station were owned, controlled, and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“METRO”). (First Amended Complaint (“FAC”) ¶...
2023.09.07 Motion to Deem RFAs Admitted, for Monetary Sanctions 005
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.07
Excerpt: ...0000 Property, LLC RESPONDING PARTY: Justin Ligeri BACKGROUND This case arises from a landlord tenant dispute. Plaintiff SM 10000 owns property located at 10000 Santa Monica Boulevard, Unit 3403, Los Angeles, California (the “Property”). Plaintiff entered into a one-year lease agreement (“Lease”) with Defendants Justin Ligeri, Christina Pecci and Cheyenne Brands LLC to rent the Property. The parties then entered into a second six month Le...
2023.09.07 Demurrer 124
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.07
Excerpt: ...partment) RESPONDING PARTY: Plaintiffs Baldev Devgan and Manju Devgan BACKGROUND Plaintiffs Baldev Devgan and his wife Manju Devgan, allege that employees of the City of Santa Monica (the “City”) were negligent in their response to Manju's 911 call, reporting that Baldev had fallen and hit his head on the bathtub in an upstairs bathroom in their home. (Compl. ¶¶ 12-13.) Plaintiffs allege City employees (unnamed EMTs and Firefighters, the Do...
2023.09.06 Motion to Take Discovery on Financial Condition 101
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.06
Excerpt: ...ay LLC RESPONDING PARTY: Defendants Third Point Land Company, LLC and Kelemen Company, LLC BACKGROUND This case arises from a dispute between a buyer and seller of undeveloped land located in the City of Malibu (the “Property”). Plaintiff Civic Center Way, LLC (“CCW”) bought the Property from Defendant Third Point Land Company LLC (“Third Point”) for an initial purchase price of $6 million with a residual purchase price of up to $4 mi...
2023.09.06 Motion for Protective Order 823
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.06
Excerpt: ...h Health, Inc. (“SSI”) filed a complaint against Defendants Mercenary Consulting, LLC, Mercenary Holdings, Inc., Mercenary Strikepoint, LLC, Mercenary Ventures, LLC, The Mercenary Collective, LLC, Semper Industries, LLC, Adam Louras, Austin Murray, Jacob Timony, and DOES 1-20, inclusive (collectively, “Defendants”), alleging: 1. Fraud in the Inducement 2. Fraud—Intentional Misrepresentation 3. Unfair Business Practices 4. Breach of Cont...
2023.09.06 Demurrer, Motion to Strike 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.09.06
Excerpt: ...laintiff Har-Bro West, Inc. to perform restoration services. Plaintiff Blusky Restoration Contractors LLC alleges that it subsequently took over the work from Har-Bro and in May 2020, acquired all contracts and accounts receivable from Har-Bro. (First Amended Complaint (“FAC”) ¶9.) In July 2020, Blusky filed a mechanic's lien against the Property, claiming it had supplied over $1.8 million in labor, services, equipment and/or material to the...
2023.08.31 Motion to Strike Punitive Claims 467
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.31
Excerpt: ...ff's Department) RESPONDING PARTY: Plaintiff Jane Doe BACKGROUND This case arises out of an alleged assault and battery. Plaintiff Jane Doe alleges that she was sexually assaulted and battered by two Los Angeles Sheriff's deputies during the course of her arrest at The Abbey Food & Bar in West Hollywood. Plaintiff alleges the deputies unclasped her bra, groped her breasts and asked her to remove her underwear in order to view her vagina. The oper...
2023.08.31 Motion to Good Faith Settlement Determination 892
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.31
Excerpt: ... Doe allege they suffered sexual abuse at the hands of Kermit “KC” Castellanos while they were minors. Defendants are the Diocese and the Parish where Castellanos was an associate rector and later the rector. The complaint alleges causes of action for (1) sexual battery of a minor, (2) battery, (3) negligent hiring, and (4) negligent supervision of a minor. After a full day of mediation on April 27, 2023, Plaintiffs and the Diocese entered in...
2023.08.31 Motion for Leave to Amend Complaint, for Judgment on the Pleadings 998
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.31
Excerpt: ... FOR JUDGMENT ON THE PLEADINGS BACKGROUND This action arises from a breach of a commercial lease. Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, Santa Monica, California (the “Property”). Tenant brought an acti...
2023.08.30 Motion to File FAC 381
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.30
Excerpt: ...rt and Final; Smart and Final Stores, LLC BACKGROUND This is a trip and fall case. While a customer at Defendants Bodega Latina Corporation dba Smart and Final and Smart and Final Stores, LLC, Plaintiff Bahram Feispor tripped and fell over a protruding corner of a pallet, allegedly suffering severe bodily injury. Plaintiff filed a complaint for negligence and premises liability against Defendants on November 15, 2022. This hearing is on Plaintiff...
2023.08.30 Motion for Summary Judgment 577
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.30
Excerpt: ...Wayne J. Saks BACKGROUND This case arises from an assault and battery in the parking garage of a condominium complex located at 277 South Spalding Drive, Beverly Hills, California (the “Property”). Plaintiff Wayne J. Saks claims he was viciously attacked by Defendant Pascal Landi because Plaintiff parked in a pre-assigned parking space belonging to Landi. (Undisputed Material Facts (“UMF”) Nos. 22-25.) Landi is a resident at the Property ...
2023.08.29 Motion to Strike SAC 828
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.08.29
Excerpt: ...dispute over a billboard lease. Plaintiff Rittersbacher Sunset LLC was the owner of the real property located at 8300 West Sunset Boulevard, West Hollywood California (“Property”), which was the previous site of the Hollywood Standard Hotel. Plaintiff claims Defendants Osik Media LLC (“Osik”) and Nicholas Petralia (“Petralia”, and together with Osik, the “Osik Defendants”) wrongfully possessed and held over a portion of the Proper...
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...

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