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2023.07.31 Motion for Summary Adjudication 496
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.31
Excerpt: ...ine, which renders rotation of his body painful. At the time Plaintiff purchased his home in October 2019, he requested the right to park his vehicles outside his home in order to allow the full opening of the car door without the need of any rotation to enter or exit the vehicle. Defendant agreed. In March 2020, Defendant began sending notice demanding Plaintiff park his vehicle in the garage. Although the garage is designed to park two vehicles...
2023.07.27 Motion to Quash Subpoena 946
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.27
Excerpt: ... Nathaniel Berhow walked onto the campus with a .45-caliber handgun, and began to shoot students before taking his own life with the same gun. Gracie and Dominic died from their gunshot wounds. On November 16, 2020, the Blackwell plaintiffs filed a complaint for general negligence— wrongful death, premises liability—wrongful death, negligence—survivor cause of action, and negligence—emotional distress. Plaintiffs allege William S. Hart Un...
2023.07.27 Motion for Attorney Fees 734
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.27
Excerpt: ...ntified as defendant Charly Taylor. On May 7, 2022, Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and attempted within the apartment building laundry room common area. Plaintiffs submitted a complaint with property manager Taylor, but allege defendant landlords refused to conduct any independent investigation and/or seek eviction of Nathanson. Instead, on August 17, 2022, Plaintiffs were ser...
2023.07.25 Motion to Compel Further Responses 641
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.25
Excerpt: ...C. Plaintiff alleges the vehicle suffers from a number of defects in the transmission, audio, ignition, braking, and engine systems. According to Plaintiff, Defendant has been unsuccessfully able to repair the defects. On August 15, 2022, Plaintiff filed a complaint for Violation of Civil Code sections 1791.1, 1793.2, and 1794, and Breach of the Implied Warranty of Merchantability. Defendant answered the complaint on September 19, 2022. RULING: G...
2023.07.25 Motion for Protective Order 229
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.25
Excerpt: ... even though the tachometer showed the engine continued to operate. Eric attempted to reach the shoulder, but was only able to bring the vehicle to the “number 5 lane” before the vehicle completely stopped. “Approximately 20-30 seconds” after coming to a stop, “a 13-ton flatbed tow truck” owned and/or operated by the “Tow Co.” defendants and driven by defendant Jose Bravo collided with the Finn vehicle. The collision led to the de...
2023.07.25 Demurrer 749
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.25
Excerpt: ...aintiff's incorrect finger,” and generally “breached the standard of care and treatment.” On March 14, 2023, Plaintiff filed a complaint for medical negligence, and medical dental battery. RULING: Overruled. Defendant Providence Facey Medical Foundation submits a demurrer to the medical negligence and medical dental battery causes of action on grounds that plaintiff Muna Haddad fails to sufficiently articulate sufficient facts alleging sepa...
2023.07.24 Motion to Compel Further Responses 423
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.24
Excerpt: ..., World Trading 23, Inc., and/or Kevork Kouyoumjian, agreed to deliver certain personal protective equipment (PPE) described as “medical grade disposable seamless rubber gloves.” Plaintiff alleges payment of five million dollars ($5,000,000), but only received non-medical grade, non-FDA approved, “counterfeit” equipment, which lacks any resale value. On June 2, 2021, Plaintiff filed a complaint for Breach of Contract, Unfair Business Prac...
2023.07.20 Motion for Additional IME, for Summary Judgment, Adjudication 456
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.20
Excerpt: ...t the direction of defendant Hugo Osoy, and alleges Osoy failed to maintain a workers' compensation policy at the time of the incident. On May 21, 2020, Plaintiff filed a complaint for breach of statutory obligation, negligence, and premises liability. Defendants answered the complaint on August 19, 2020. On December 30, 2022, the action was reassigned to Department 49. RULING: Denied. Defendant Hugo Osoy moves for an additional independent medic...
2023.07.19 Motion for Attorney Fees, to Seal Unredacted Settlement Agreement 174
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.19
Excerpt: ...ic II, Inc. A notice of related cases was filed with 21STCV37556. On March 17, 2022, the court deemed 22VEUD00174 and 21STCV37556 related, thereby leading to the assignment of all cases to Department 47. On March 21, 2022, Plaintiff filed a peremptory challenge, thereby leading to the reassignment of the case to Department 49 on March 22, 2022. On March 28, 2022, the court specially set the motion for reconsideration challenging the 170.6 challen...
2023.07.19 Motion for Attorney Fees 138
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.19
Excerpt: ...d with defendants Automobile Club of Southern California and/or Interinsurance Exchange of the Automobile Club, LLC. Plaintiff alleges Avelar wrongfully denied any liability after allegedly agreeing to take full responsibility for the accident. Plaintiff subsequently submitted a claim with the insurer, which led to a designation of Plaintiff's vehicle as a “total loss salvage.” Plaintiff contends said designation constituted false information...
2023.07.18 Demurrer 063
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.18
Excerpt: ...y employer,” defendant Circle Graphics, where “bodily injuries” occurred. On November 3, 2022, Plaintiff filed a form complaint for Premises Liability and Negligence. RULING Demurrer: Sustained with Leave to Amend. Defendant Circle Graphics, Inc. submits the subject demurrer on grounds that the underlying incident is precluded under Workers' Compensation statutes. Plaintiff in opposition contends the demurrer improperly relies on extrinsic ...
2023.07.13 Motion to Strike TAC 908
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.13
Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...
2023.07.12 Special Motion to Strike 276
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.12
Excerpt: ...gful eviction.” On March 1, 2023, the court granted the unopposed special motion to strike the complaint. On March 20, 2023, the court granted the ex parte motion to vacate the March 1, 2023, and reset the hearing for May 10, 2023. On April 19, 2023, the court entered the stipulation of the parties confirming the ex parte order vacating the March 1, 2023, order and resetting the hearing for May 10, 2023. On May 10, 2023, the court reset the hea...
2023.07.11 Motion to Compel Responses 232
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.11
Excerpt: ...ntified as Las Ventanas, with a governing board, Las Ventanas Homeowners Association (HOA). Plaintiffs admittedly purchased the property as an investment/income generating unit, and intended to lease the unit to third party Melissa Thai. Upon the tenant moving into the premises, a “yellow/brain stain” was observed on the ceiling in a room. The tenant also heard noises of wildlife on the roof and attic, which was later determined a raccoon inf...
2023.07.11 Motion for Summary Judgment 673
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.11
Excerpt: ...rty West Valley Post-Acute skilled nursing facility for physical therapy. Following a treatment period from January 7, 2019 to March 24, 2019, Plaintiff “suffered an adverse reaction to medication,” which led to admission at third party Northridge Hospital for seven days. Following the discharge from Northridge Hospital, Plaintiff was transferred to defendant Stoney Point Healthcare Center (SPHC) for further physical therapy. Defendant, Dr. G...
2023.07.10 Motion for Determination of Good Faith Settlement 229
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.10
Excerpt: ...mes Finn on SR-14, when the vehicle began decelerating, even though the tachometer showed the engine continued to operate. Eric attempted to reach the shoulder, but was only able to bring the vehicle to the “number 5 lane” before the vehicle completely stopped. “Approximately 20-30 seconds” after coming to a stop, “a 13-ton flatbed tow truck” owned and/or operated by the “Tow Co.” defendants and driven by defendant Jose Bravo coll...
2023.07.06 Motion for Summary Adjudication 946
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.07.06
Excerpt: ...e of Action: Judicial Foreclosure Motion for Summary Adjudication on the Second Amended Cross-Complaint · 5th Cause of Action: Intentional Misrepresentation · 6th Cause of Action: Negligent Misrepresentation · 7th Cause of Action: Breach of Covenant of Good Faith and Fair Dealing · 8th Cause of Action: Unfair Business Practices SUMMARY OF ACTION On August 2, 2018, Defendants Opportunity, Inc. and Jumana Sweis obtained a $1,759,650 commercial ...
2023.06.29 Demurrer 101
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.29
Excerpt: ... January 13, 2023, Plaintiff filed a complaint for Violation of Song Beverly Act – Breach of Express Warranty, and Fraudulent Inducement – Concealment. RULING Demurrer: Sustained with Leave. American Honda Motor Co., Inc. (Honda) brings the subject demurer to the second cause of action in the complaint for Fraudulent Inducement - Concealment on grounds the claims lack facts in support of the claims for concealment, and the claim is barred by ...
2023.06.28 Motion to Compel Further Responses 946
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.28
Excerpt: ... Blackwell were on the premises of Saugus High School, when 16-year old Nathaniel Berhow walked onto the campus with a .45-caliber handgun, and began to shoot students before taking his own life with the same gun. Gracie and Dominic died from their gunshot wounds. On November 16, 2020, the Blackwell plaintiffs filed a complaint for general negligence— wrongful death, premises liability—wrongful death, negligence—survivor cause of action, an...
2023.06.28 Motion for Protective Order 760
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.28
Excerpt: ...2021 and January 14, 2022, Plaintiff filed a complaint and first amended complaint for Breach of Contract, and Common Counts. Defendant answered and filed a cross-complaint for fraud and declaratory relief on June 6, 2022. On September 26, 2022, the case was assigned from Department 49 to Department 51. Following a 170.6, the case was assigned back to Department 49 on October 25, 2022. RULING: Denied. Defendant/Cross-Complainant, Olga Kapustin mo...
2023.06.28 Demurrer 115
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.28
Excerpt: ...020, [laintiff George Campos began renting either a space within the property or the entire residence located at 15749 Romar St., North Hills, at a rate of $1,200/month, plus a $3,540 security deposit. Defendants Steve and Henry Kim purportedly own and/or manage the property. Plaintiff alleges the premises were uninhabitable. Upon complaining about the premises and reporting the property to the City of Los Angeles, Plaintiff alleges Defendants at...
2023.06.27 OSC Re Discovery Referee 294
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.27
Excerpt: ...times thereby causing fractures and other injuries. On February 1, 2023, Plaintiff filed a complaint Elder Abuse and Negligence. On April 21, 2023, the court granted the motion for trial preference and set the trial date for August 14, 2023. On May 12, 2023, the court (Department 51) continued the trial to November 27, 2023 in response to a motion to specially advance and set motions to compel further responses. On May 18, 2023, the court (Depart...
2023.06.27 Demurrer 236
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.27
Excerpt: ...� 4th Cause of Action: Breach of Fiduciary Duty – Duty of Care (Sahrapeyma) · 6th Cause of Action: Retaliation in Violation of Labor Code section 1102.5 (Monocent) · 7th Cause of Action: Wrongful Constructive Termination (Monocent) · 10 th Cause of Action: Negligent Infliction of Emotional Distress Motion to Strike · 2nd Cause of Action: Breach of Fiduciary Duty–Duty of Loyalty (Taheri) · 3rd Cause of Action: Breach of Fiduciary Duty –...
2023.06.26 Demurrer 160
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.26
Excerpt: ...ts 21 and 30 at 15523 Rayen St., North Hills. The apartment building is owned and/or operated by George Elkins. Plaintiffs allege the property fails to meet basic standards of habitability, including insect infestation, mold and mildew, nonfunctional heat and gas appliances, faulty electrical systems and plumbing fixtures, inoperable windows and doors, and backed up drainage systems. On March 11, 2022, Plaintiff filed a complaint for Breach of Wa...
2023.06.14 Demurrer 316
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.14
Excerpt: ... OF ACTION Plaintiff James Foy represents ownership of 15703 Sierra Hwy, Canyon Country. According to Plaintiff, a purported foreclosure and trustee sale occurred without any notice provided to Plaintiff. On December 6, 2022, Plaintiff filed a complaint for Declaratory Relief, Quiet Title, Slander to Title, Cancellation of Document, and Unjust Enrichment. On March 7, 2023, two days before the scheduled demurrer to the complaint, Plaintiff filed a...
2023.06.14 Motion for Stay of Action 434
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.14
Excerpt: ...plaintiff's arms and legs, next proceeded to grab Plaintiff's penis and testicles without “medical justification.” Dr. Castillo then began to digitally penetrate Plaintiff's anus. During the course of this conduct, Dr. Castillo allegedly rubbed his own genitals on Plaintiff's body for purposes of sexual gratification. Notwithstanding the end of the conduct in the examination room, Dr. Castillo then removed a wart from the finger of Plaintiff ...
2023.06.14 Motion to Cancel or Remove Action from Arbitration 093
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.14
Excerpt: ...tober 22, 2021, the court granted the unopposed motion to vacate the default. On October 18, 2022, the court granted Plaintiff leave to file a first amended complaint adding a PAGA action. The first amended complaint was filed on October 21, 2022. On November 22, 2022, the court granted the motion of Granada Hills Convalescent Hospital, Inc. to compel arbitration as to individual plaintiff Nicole Auceda only, and not in capacity as a representati...
2023.06.13 Motion to Compel Further Responses 205
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.13
Excerpt: ...efendant Uber technologies, Inc., when the vehicle was involved in a collision. On November 21, 2022, Plaintiff filed a complaint for damages. On May 10, 2023, Plaintiff dismissed Uber Technologies, Inc. and Rasier, LLC from the complaint without prejudice. RULING: Granted in Part/Denied in Part. Plaintiff Lynn Cartwright moves to compel further responses to request for production of documents (set one) from defendant Valdemar Arevalo, numbers 10...
2023.06.13 Motion to Compel Further Deposition Testimony 456
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.13
Excerpt: ...der and sustained injuries. Plaintiff was working at the direction of Defendant Hugo Osoy, and alleges Osoy failed to maintain a workers' compensation policy at the time of the incident. On May 21, 2020, Plaintiff filed a complaint for breach of statutory obligation, negligence, and premises liability. Defendants answered the complaint on August 19, 2020. On December 30, 2022, the action was reassigned to Department 49. RULING: Denied. Plaintiff ...
2023.06.13 Demurrer 294
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.13
Excerpt: ... thereby causing fractures and other injuries. On February 1, 2023, Plaintiff filed a complaint for Elder Abuse and Negligence. On April 21, 2023, the court granted the motion for trial preference and set the trial date for August 14, 2023. On May 12, 2023, the court (Department 51) continued the trial to November 27, 2023 in response to a motion to specially advance and set motions to compel further responses. On May 18, 2023, the court (Departm...
2023.06.12 Motion for Summary Judgment, Adjudication 271
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.12
Excerpt: ...1, defense counsel represented that possession was no longer at issue. On October 29, 2021, Plaintiff filed a first amended complaint for Breach of Written Contract for Lease of Premises, Breach of Oral Contract, and Fraud. Defendants answered on November 29, 2021. Plaintiff alleges Defendants owe past rent and holdover damages of $39,500. Plaintiff also alleges a breach of an oral agreement for use of the name “Tortillerias La Talpense,” for...
2023.06.09 Motion to Compel Arbitration 588
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.09
Excerpt: ...intiff alleges Defendants failed to repair the “emergency brake” problems with the vehicle. Plaintiffs also allege Nissan concealed/failed to disclose the emergency braking defect. On August 2, 2022, Plaintiff filed a complaint for Violation of the Song-Beverly Act – Breach of Express Warranty, Fraudulent Inducement – Intentional Misrepresentation, Fraudulent Inducement – Concealment, and Negligent Repair. Nissan North America answered ...
2023.06.08 Application for Writ of Possession 845
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.08
Excerpt: ...tober 10, 2022, or any payment thereafter. On March 23, 2023, Plaintiff filed a complaint for possession of personal property, breach of contract, good sold and delivered, book account, and account stated. Defendant answered (general denial) the complaint on May 12, 2023. RULING: Granted Plaintiff Kubota Credit Corporation USA moves for a writ of possession of the vehicle due to the default on the purchase contract. Plaintiff complied with the pr...
2023.06.07 Demurrer 057
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.07
Excerpt: ...ons in Support of, and Claim for, Punitive Damages SUMMARY OF ACTION Beginning on September 25, 2014, plaintiffs Maria Pelayo and Juan Vargas entered into an oral rental agreement for 13011 Corcoran St., Unit B, a residence somewhere within the City of Los Angeles. On March 10, 2021, Plaintiffs submitted a complaint to the Department of Building and Safety regarding improper/illegal modifications to the property, thereby constituting a safety haz...
2023.06.06 Motion to Compel Arbitration and Stay Action 452
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.06
Excerpt: ...mber 20, 2022, Plaintiff filed a complaint for violations of multiple statutory section (Civil Code sections 1791.1, 1793.2, 1794, 1795, and 1795.5), Fraudulent Inducement – Concealment, and Negligent Repair. Ford Motor Company and Autonation Ford Valencia answered the complaint on January 20, 2023. On May 23, 2023, Plaintiff dismissed Autonation Ford Valencia without prejudice. RULING: Denied. Request for Judicial Notice of Case Law: Granted. ...
2023.06.06 Motion for Stay 734
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.06
Excerpt: ...Taylor. On May 7, 2022, Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and attempted within the apartment building laundry room common area. Plaintiffs submitted a complaint with property manager Taylor, but allege defendant landlords refused to conduct any independent investigation and/or seek eviction of Nathanson. Instead, on August 17, 2022, Plaintiffs were served with a three day notice ...
2023.06.05 Motion to Compel Deposition 654
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.06.05
Excerpt: ...in 2018, thereby leading to a June 18, 2018, recorded Notice of Default and October 9, 2018 recorded Notice of Trustee Sale by Defendant Mortgage Management Consultants, Inc. The sale date was set for October 30, 2018, but was apparently not conducted. In February to March 2019, Plaintiff began submitted a loan modification with Mortgage Management Consultants, Inc. In a March 12, 2019 letter, Mortgage Management Consultants, Inc. acknowledged re...
2023.05.31 Demurrer to FAC 696
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.31
Excerpt: ...eeds between Joseph Barragan, Umberto Barragan: Ruben Barragan (deceased): and Jaime Barragan. Umberto and and Jaime are siblings. Flores is their niece and daughter of decedent Ruben Barragan: Umbelto and Jaime' s brother. The subject property agreement was the result of the death of another Barragan sibling: Henrietta Barragam Notwithstanding the agreement: in February 2022, Jaime sold the property for $769,000, and refilsed to share any of the...
2023.05.31 Motion for Reconsideration 695
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.31
Excerpt: ...reement: whereby Defendants in the underlying action were declared prevailing parties, and a judgment of S352380 was entered against Plaintiffs. Plaintiffs allege Defendant improperly represented them in the underlying action, thereby leading to the judgment On August 26: 2022: Plaintiffs, in pro per, filed a complaint for negligence and breach of contract On November 10, 2022, the clerk entered a default. On March 27 2023, the court granted Defe...
2023.05.30 Motion for Preliminary Injunction 689
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.30
Excerpt: ...rporation identified as defendant Teza Products: Inc., doing business as "Teza Doors & Windows." Abad and Bohloul are the nephews of Plaintiff In May 2021 Abad and Bohloul approached Plaintiff with a joint venture, whereby Plaintiff would merge operations of Milan Door with Teza Doors & Windows in exchange for a 50% ownership interest: with Abad and Bohloul jointly owning (25% each) the remaining half. The individual defendants also presented ter...
2023.05.30 Demurrer 273
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.30
Excerpt: ...le to via a grant deed to defendants Samuel Pineda and Samuel Eduardo Pinedm Decedent passed away on November 24, 2019. In the review of the previously prepared will: the subject home was bequeathed to Plaintiff. Plaintiff alleges the transfer of the property was committed under the guise of fraud ancVor Defendants taking advantage of decedent' s declining cognitive state of mind _ On January31 , 2023, Plaintiff filed a verified complaint for Fra...
2023.05.17 Demurrer 423
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.17
Excerpt: ... agreed to certain personal protective equipment (PPE) described as ' 'medical grade disposable seamless rubber gloves." Plaintiff alleges payment of five million dollars (SS 20002000), but only received non-medical grade: non-FDA approved, "countelfeit" equipment, which lacks any resale value. On June 2, 2021, Plaintiff filed a complaint for Breach of Contract, Unfair Business Practices: Breach of Fiduciary Duties: and Fraud. On February 18, 202...
2023.05.16 Motion to Augment Expert Witness List 434
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.16
Excerpt: ...ly and inappropriately rubbing" plaintiffs arms and legs, next præeeded to grab Plaintiffs penis and testicles without ' 'medical justification. " Dr_ Castillo then began to digitally penetrate Plaintiff s anus_ During the course of this conduct: Dr. Castillo allegedly rubbed his own genitals on Plaintiffs body for purposes of sexual gratification. Notwithstanding the end of the conduct in the examination Dr. Castillo then removed a wart from th...
2023.05.16 Demurrer 415
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.16
Excerpt: ...se of Action: Nuisance 6th Cause of Action: Intentional Infliction of Emotional Distress 7th Cause of Action: Negligent Infliction of Emotional Distress 8th Cause of Action: Negligence 9th Cause of Action: Fraud 10th Cause of Action: Fraud SUMMARY OF ACTION On May 24: 2021 plaintiff Dominic Barbar entered into a one year lease with third party Ehsan Yaghoubi for certain real property at 25511 Schubelt St., unit F Stevenson Ranch. On March 31: 202...
2023.05.11 Demurrer 908
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.11
Excerpt: ...24: 2021: a 2020 Ford Transit van owned by defendant Distinct Cars, LLC and operated by defendant Jacob Sanchez collided with motorcycle ridden by Lawrence Moroso_ The incident on The Old Road in Newhall: Califomia_ Lau-rence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the on behalf of employer, defendant Newegg _ On August 5: 2021: Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrus...
2023.05.10 Motion to Compel Further Responses 743
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.10
Excerpt: ...joining homeowners/possessors ofland/neighbors continually allow their dogs to micturate and defecate on his premises, even after multiple requests to cease this activity, which has led to confrontations. On November 24 and 25, 2020, Plaintiff, pro se, filed a verified complaint and verified first amended complaint for Trespass to Land and Nuisance. Defendants Stephen Isenberg, Shauna Israel, Jennifer Price, Ryan Makhani and Sara Delpasand answer...
2023.05.10 Motion to Compel Further Deposition Testimony and Production of Docs 456
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.10
Excerpt: ...ng at the direction of defendant Hugo Osoy, and alleges Osoy failed to maintain a workers ' compensation policy at the time of the incident On May 21: 2020: Plaintiff filed a complaint for breach of statutory obligation, negligence, and premises liability. Defendants answered the complaint on August 19: 2020 _ On December 30, 2022, the action was reassigned to Department 49 RULING: Granted. Defendant Hugo Osoy moves to compel the Person Most Know...
2023.05.10 Motion to Compel Arbitration and Stay Proceedings 049
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.10
Excerpt: ...olden Legacy Care and Dr. Suman Patel and care from March 6, 2020 through October 22, 2020, and New Horizon Home Health Care, Inc. from October 22, through November 1 , 2020. Plaintiff alleges defendants provided substandard care and/or committed wrongåul acts. On October 16, 2021 and September 30, 2022, Plaintiff filed a complaint and first amended complaint for Dependent Adult Abuse/Neglect, Professional Negligence, Wrongftl Death: and Violati...
2023.05.09 Motion to Compel Further Responses 743
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.09
Excerpt: ...ng homeowners/possessors ofland/neighbors continually allow their dogs to micturate and defecate on his premises, even after multiple requests to cease this activity, which has led to confrontations. On November 24 and 25, 2020, Plaintiff, pro se, filed a verified complaint and verified first amended complaint for Trespass to Land and Nuisance. Defendants Stephen Isenberg, Shauna Israel, Jennifer Price, Ryan Makhani and Sara Delpasand answered on...
2023.05.05 Motion to Compel Responses, to Deem RFAs Admitted, to Strike and Request for Entry of Default Judgment 734
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.05
Excerpt: ...Properties And Charly Taylor Motion to Strike and Request For Entry of Default Judgment SUMMARY OF ACTION Plaintiffs Michael Perry and Ashley Anderson reside in an apartment building owned and/or managed by Defendant Nasch Properties, LLC. The assigned property manager on the premises is identified as defendant Charly Taylor. On May 7 : 2022: Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and...
2023.05.04 Motion for Sanctions 032
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.04
Excerpt: ... demurrer of Defendants Alexandria Wise, Mitchel Wise, and Preston Wise to the complaint. Defendants answered the complaint on April 11, 2022, and filed a cross-complaint agamst Carl Fout for Partition, Accounting, and Constructive Trust for the same property. RULING: Denied Defendants, Alexandria Wise, et al. move for the imposition of monetary sanctions equivalent to "reasonable attorney fees and costs" on grounds that Plaintiff filed the compl...
2023.05.03 Motion to Compel Further Responses 743
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.03
Excerpt: ...ing homeowners/possessors ofland/neighbors continually allow their dogs to micturate and defecate on his premises, even after multiple requests to cease this activity, which has led to confrontations. On November 24 and 25, 2020, Plaintiff, pro se, filed a verified complaint and verified first amended complaint for Trespass to Land and Nuisance. Defendants Stephen Isenberg, Shauna Israel, Jennifer Price, Ryan Makhani and Sara Delpasand answered o...
2023.05.03 Motion for Sanctions 215
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.03
Excerpt: ...ty, unjust enrichment abuse of process, and breach of oral rental agreement On April 23 and 26, 2021, Defendant Kerwin, in pro per, filed a cross-complaint for assault and battety defamation of character, corporate defamation, abuse of personal credit embezzlement and misuse of business funds negligence leading to theft of all personal property, fraud, profiteering and investment fraud, then answered the complaint On July 13, 2021, the court gran...
2023.05.02 Demurrer 081
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.02
Excerpt: ...ehicle suffers from a defective transmission. On January 11, 2023 Plaintiff filed a complaint for Violations of Civil Code section 1793 2, Breach of Implied Warranty of Merchantability, Fraudulent Inducement Concealment, Negligent Repair, Violation of Consumer Legal Remedies Act, and Violation of Magnuson-Moss Warranty Act On March 3, 2023, Galpin Motors, Inc. answered the complaint. RULING: Sustained with Leave in Part/Overmled in Part Defendant...
2023.05.01 Motion to Compel Arbitration 205
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.01
Excerpt: ...involved in a collision. On 21, 2022, Plaintiff filed a complaint for damages. RULING: Continued for Supplemental Briefing Defendants Uber Technologies, Inc. and Rasier, LLC (Collectively "Uben moves to compel arbitration. Uber moves for relief on grounds that the Terms of Use agreement incorporated to all users engaging in Uber provided services requires arbitration of claims under the Federal Arbitration Act. Plaintiff Carnvright submits a noti...
2023.05.01 Motion for Summary Judgment 305
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.05.01
Excerpt: ...reas governed by Defendant Defendant San Francisco Townhouse Association (HOA). On an unspecified date prior to January 10, 2019, Defendant HOA hired Defendant Imperial Roofing, Inc. to conduct certam unspecified repairs on the roofs of the Plamtiffs' towmhomes. On January 10, 2019, a roofer allegedly started a fire on the roof while conducting repairs, which led to the arrival of the fire department The subsequent efforts of the fire department ...
2023.04.28 Motion to Compel Arbitration 979
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.28
Excerpt: ...oduction Helper/Maintenance. Plaintiff alleges prior complaints about insufficient safety equipment for his job duties. On an unspecified date in February 2021, oil "poured on Plaintiffs left foot and caused burns all over his body." Plamtiff requested time off, but the request was denied. Plaintiff alleges he was threatened with termination if he failed to appear for work, as well as discriminatory treatment due to race and/or national origin. P...
2023.04.27 Motion for Summary Judgment 636
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.27
Excerpt: ...d of trust on the property with Bank of America. On January 25, 2011, Garcia transferred one-half/50%-50% interests in the property to Defendants David and Diane Greenberg, and Jaime Farias and Myrna Farias via Grant Deed. A Substitution of Trustee and Full Reconveyance purportedly reconveymg the Bank of America Deed of Trust was executed and recorded on March 16, 2015. Plaintiff alleges the deed of trust was erroneously reconveyed, and remains a...
2023.04.26 Motion for Relief from Admissions Deemed Admitted 215
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.26
Excerpt: ...rtnership agreement, breach of fiduciary duty, unjust enrichment abuse of process, and breach of oral rental agreement On April 23 and 26, 2021, Defendant Kerwin, in pro per, filed a cross-complaint for assault and battety defamation of character, corporate defamation, abuse of personal credit embezzlement and misuse of business funds negligence leading to theft of all personal property, fraud, profiteering and investment fraud, then answered the...
2023.04.24 Motion to Compel Compliance with Deposition Subpoena 048
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.24
Excerpt: ...rate the business and equally share in expenses and revenue. Fen-ufino alleges Alex breached the agreement in failing to equally share sales proceeds. Fermfino additionally alleges fraud based on the sale of two ' 'HAAS MACHINES" instead of transferring title to the machines to Fermfino aner FelTufino paid Alex over $180,000 for sole ownership of the machines. Alex also allegedly sold the business entity itself On January 19, 2022, Plaintiff file...
2023.04.24 Motion for Summary Judgment 137
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.24
Excerpt: ...ok Indemnity Company. The date of the submitted claim remains unarticulated in the complaint According to Plaintiff after a 20 month investigation, the claim was neither accepted nor denied. On February 21 2020, Plaintiff filed a complaint for Breach of Contract, Tortious Breach of the Implied Cowenant of Faith and Fair Dealing. (The caption of the complaint also lists an Unfair Business Practices in Violation of Business & Professions Code secti...
2023.04.21 Motion to Compel Arbitration 469
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.21
Excerpt: ...categories of warranties. Plaintiff alleges Defendants failed to repair the ' 'emergency brake" problems with the Plaintiffs also allege Nissan concealed/failed to disclose the emergency braking defect. On June 23: 2022, Plaintiff filed a complaint for Violation of the Song-Beverly Act — Breach of Express Warranty, Fraudulent Inducement — Intentional Misrepresentation: and Fraudulent Inducement — Concealment. Nissan North America answered t...
2023.04.20 Motion to Compel Further Responses 472
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.20
Excerpt: ... property in Chatsworth. In October 2019, Michael Hasim, primary shareholder of the business entity identified as Plaintiff, entered into a contract for the purchase of the premises. Escrow closed on March 2020 for an ultimate purchase price of $8.4 million. Prior to the close, on February 18, 2020, defendants provided an estoppel certificate for the 99 Cents Only tenant, with the remainder of the certificates executed by defendant Stelmach. Upon...
2023.04.20 Motion to Compel Arbitration and Stay Action 646
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.20
Excerpt: ...es improper conduct associated with said collection practices. On August 16, 2022, Plaintiff filed a complaint for Violation of the Rosenthal Fair Debt Collection Practices Act, Intrusion in Private Affairs, and Surreptitious Eavesdropping and Audiotaping. Defendant answered the complaint on October 5, 2022. RULING: Granted. Defendant Onemain Financial Group, LLC moves to compel arbitration pursuant to the terms of the Loan Agreement and Disclosu...
2023.04.19 Motion to Strike 748
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.19
Excerpt: ... alleges Afshin agreed to contribute a down payment and take title to the property, with Plaintiff undertaking remodeling operations. It's not clear whether the parties intended to resell or rent the premises. Plaintiff alleges a written agreement “itemizing their partnership and Plaintiff's ownership interest” on May 7, 2022. On August 31, 2022, Plaintiff alleges Afshin Azizisefat (Afshin) listed the premises for sale without the agreement o...
2023.04.18 Motion to Strike 884
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.18
Excerpt: ...eement and Joint Escrow Instructions” for real property identified as “1 Lot Victoria Lane.” Defendants Forward Calabasas, Inc. dba Keller Williams Realty Calabasas and Zachary King represented the sellers in the transaction. On September 15, 2020, Plaintiff and Longacre Estates, LP executed a counteroffer whereby defendant First American Title Company was designated as title insurance company and escrow holder, and the price increased to o...
2023.04.18 Motion for Preliminary Injunction 481
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.18
Excerpt: ...a concrete bridge, which was part of a pedestrian access road, failed. The parties have been unable to agree on a replacement/repair of the bridge. Plaintiffs began using an alternative route for access to their property, which traverses Tapanes' property. On December 14 and 17, 2022, Tapanes allegedly created a blockade thereby interfering with Plaintiffs' pedestrian access. On December 23, 2022, Plaintiffs filed a complaint for Quiet Title to E...
2023.04.12 Demurrer 156
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.12
Excerpt: ...nc. with no identified cause of action. The pleadings allege the apparent placement of Plaintiff into a facility identified by Royal Gorge Academy when Plaintiff was a minor by one or both parents. During the time spent with Defendant, Plaintiff alleges a deprivation of certain rights, including “freedom of speech,” due to the inability to communicate with Plaintiff's mother, other persons present, and removal of writing utensils. RULING Demu...
2023.04.11 Motion for Judgment on the Pleadings 124
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.11
Excerpt: ...t Care of Valencia for medical treatment. Plaintiff maintains that a deviated septum interferes with his breathing, and therefore elects to avoid wearing a mask. Notwithstanding Plaintiff's objections to wearing a mask, Plaintiff was told a mask was required for any treatment. Plaintiff declined and asked that his paperwork be returned. Plaintiff alleges his medical condition constitutes a disability, and the denial of service violated the right ...
2023.04.06 Motion to Compel Arbitration 382
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.06
Excerpt: ...ements to Plaintiffs home without a valid contractors license, due to the failure to maintain workers compensation insurance. Plaintiffs also allege the construction project was defectively completed. On May 27: 2022, Plaintiffs filed a complaint for Breach of Contract, Negligence, Negligence Per Sez Breach of Implied Covenant of Good Faith and Fair Dealing: Breach of Express Warranty, and Recovery on Contract' s License Bond. On December S, 2022...
2023.04.05 Demurrer, Motion to Dismiss 200
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.05
Excerpt: ...Motion to Dismiss the Action SUMMARY OF ACTION ' 'Plaintiff is the widow of Thomas P _ Kim," and "Choon S. Kim is Decedent' s predeceased first spouse who died in 2015 _ " Defendant Leslie Hyun Park "is the daughter of Decedent, : ' and defendant Kevin Sachun Park is the spouse" of Leslie Park: "and the son-in-law of Decedent" Plaintiff asserts a community property interest in 23740 Forest View Court, Santa Clarita Thomas Kim passed away on Octob...
2023.04.03 Motion to Compel Arbitration and Stay Action 941
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.04.03
Excerpt: ...tober 20, 2022, Plaintiff filed a complaint for wage and hour violations: including failure to pay minimum and overtime wages: failure to pay commissions: meal and rest period liability: failure to provide accurate wage statements, inspection of personnel records, and lack of timely payment of final RULING: Granted. Defendant Valencia H. Imports, Inc. dba Autonation Honda Valencia moves to compel arbitration and stay the action. Plaintiff in oppo...
2023.03.29 Motion for Leave to Amend Complaint 946
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.29
Excerpt: ...and Sweis also executed a Commercial Security Agreement and Collateral Assignment of intellectual property _ Defendant Wesley Black executed a separate Unconditional Guarantee of the loan, and Unconditional Limited Guarantee for the value of the intellectual property. According to Plaintiff, Defendants failed to make any payments due as of March 2021 thereby leaving an outstanding principal balance of S 126342763 57 On 10, 2021 Plaintiff filed a ...
2023.03.29 Demurrer 916
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.29
Excerpt: ...CTION Plaintiff Jane RG Doe was a student at Telfair Elementary School with the Los Angeles Unified District (LAUSD)_ Plaintiff was bom on October 26, 1996. Plaintiff alleges teacher: defendant Paul Chapel III molested her during an unspecified period of time, but Plaintiff was a minor at all relevant times. According to Plaintiff defendant Ruben Zacarias was the superintendent of LAUSD: and aware of prior criminal charges: yet assigned him to a ...
2023.03.28 Demurrer 415
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.28
Excerpt: ... Trespass 5th Cause of Action: Nuisance 6th Cause of Action: Intentional Infliction of Emotional Distress 7th Cause of Action: Negligent Infliction of Emotional Distress 8th Cause of Action: Negligence 9th Cause of Action: Fraud 10th Cause of Action: Fraud SUMMARY OF ACTION On May 24: 2021 plaintiff Dominic Barbar entered into a one year lease with third party Ehsan Yaghoubi for certain real property at 25511 Schubelt St., unit F Stevenson Ranch....
2023.03.28 Motion for Leave to Amend 196
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.28
Excerpt: ...is vehicle on behalf of defendants MonteCristo Trucking, LLC, Femando Escolero: and Fames Transport, Inc. for the United States Postal Service On May 28: 2021: the Pemgos filed their complaint for motor vehicle, general negligence: and loss of consonium_ On June 21, 2021, the Perrigos filed a first amended complaint (21STCV20196)_ On June 18: 2021: County of Los Angeles filed a complaint against Jorge Edmondo Castaneda Rodriguez, MonteCristo Truc...
2023.03.27 Motion for Summary Judgment 193
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.27
Excerpt: ...a, NV 89445. On March 23 2023 Plaintiff filed a complaint for breach of contract. On May 2, 2022, Defendant, in pro per: answered the complaint admitting to the tmth of all allegations in the complaint except for paragraph eight (8), whereby Defendant disputes the default and subsequent acceleration of payments RULING: Denied Plaintiff Bank of America moves for summary judgment on the breach of contract cause of action seeking to collect on a pri...
2023.03.27 Demurrer 748
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.27
Excerpt: ... Action: Breach of Covenant of Good Faith and Fair Dealing Motion to Strike SUMMARY OF ACTION Plaintiff Varuzh Azaryan alleges the formation of an agreement with defendant Afshin Azizisefat: whereby the parties would jointly acquire and remodel 12509 Pinney St., Pacoima with all proceeds split equally _ Plaintiff alleges Afshin agreed to contribute a down payment and take title to the property: with Plaintiff undertaking remodeling operations. It...
2023.03.24 Motion for Attorney Fees 303
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.24
Excerpt: ...ises with Defendant Edgrow: LLC (Edgrow) for the operation of a cannabis business. The lease commenced on September 6: 2018 for 24 hours, then to a month-to-month agreement. Notwithstanding the "month-to-month" terms, base rent began at $10,000 per month: but subject to abatement for six months upon Edgrow obtaining it's cannbis business license According to Plaintiff Edgrow obtained its license on June 18: 2019: which entitled it to a rent abate...
2023.03.23 Motion for Terminating Sanctions 809
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.23
Excerpt: ...ted Tank sandblasted a water tank in proximity to the homes, thereby causing the disbursement of ' 'abrasives: particulates, and other toxins into the air" into the community _ Plaintiffs allege the manifestation of physical symptoms, property damage, and emotional impacts, as well as interference/loss of use of property The work was contracted by Defendants Point Holdings, LLC, et al_, who are developing an adjacent community and were required t...
2023.03.22 Motion to Compel Arbitration 092
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.22
Excerpt: ...geles. Rather than submitting an application, Defendants sought to broker an investment agreement with an existing cannabis business also in the process of obtaining cannabis business licensing. Plaintiff alleges Defendants were in fact engaged representing the seller as well, without disclosing said relationship to Plaintiff thereby creating a conflict of interest Defendants subsequently disclosed the relationship: and Plaintiff signed the waive...
2023.03.21 Motion to Strike Demurrer 734
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.21
Excerpt: ...Defendant Nasch Properties, LLC. The assigned property manager on the premises is identified as defendant Charly Taylor. On May 7 : 2022: Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and attempted within the apartment building laundry room common area. Plaintiffs submitted a complaint with property manager Taylor, but allege defendant landlords refused to conduct any independent investigati...
2023.03.21 Motion for Preliminary Injunction 400
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.21
Excerpt: ...terest in Pueblo Restaurant: Inc.: as follows: Abel with 25%, Albert Sr. with 9.95%, and Albert Jr. with 15 05%. Defendant Daniel T01Tes owns the other 50% share. Pueblo Restaurant operates in "four properties" within the County of Los Angeles. The parties are all identified corporate officers. Plaintiffs acknowledge that T01Tes is also responsible for operations management. Plaintiffs allege Tones improperly hired family members and "directed å...
2023.03.16 Motion to Compel Further Responses 734
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.16
Excerpt: ... managed by Defendant Nasch Properties, LLC. The assigned property manager on the premises is identified as defendant Charly Taylor. On May 7 : 2022: Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and attempted within the apartment building laundry room common area. Plaintiffs submitted a complaint with property manager Taylor, but allege defendant landlords refused to conduct any independent...
2023.03.16 Demurrer 423
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.16
Excerpt: ...Win Partners, LLC alleges a January 24 or 25 2021 oral agreement: whereby defendants World Tech Toys, Inc., World Trading 23 Inc., and/or Kevork Kouyoumjian, agreed to certain personal protective equipment (PPE) described as ' 'medical grade disposable seamless rubber gloves." Plaintiff alleges payment of five million dollars (SS 20002000), but only received non-medical grade: non-FDA approved, "countelfeit" equipment, which lacks any resale valu...
2023.03.15 Demurrer 801
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.15
Excerpt: ...t the County of Los Angeles, et al. for Negligence, Government Tort Liability, and Premises Liabiity (19STCV05567). According to Plaintiff the case settled for $50,000, which led to a (contingency recovery) fee of $25,000. Plaintiff expected a net payment of $25,000, but when presented with the final check, additional “expenses” were also deducted, thereby leading to a net payment of “20K.” The expenses included medical “liens,” which...
2023.03.14 Demurrer, Motion to Strike 574
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.14
Excerpt: ...tress · 7th Cause of Action: Violations of Business and Professions Code section 17200 Motion to Strike · Allegations in support, and claim for, punitive damages SUMMARY OF ACTION: Plaintiff Ana Melara was an employee of Defendant Sam's West, Inc. dba Sam's Club and Walmart from 2006 to July 21, 2012. On October 4, 2011, Plaintiff was assigned to tasks involving food stored in a commercial grade walk in refrigerator. Plaintiff was apparently in...
2023.03.14 Motion to Compel Arbitration and Stay Proceedings 685
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.14
Excerpt: ...ehicle began experiencing problems with the electrical system, thereby causing the illumination of various monitoring systems in the vehicle and preventing volume adjustment of the radio. After a certain number of repair attempts the vehicle continues to present the malfunctions. On August 25, 2022, Plaintiff filed a complaint for Breach of Written Warranty, Breach of Implied Warranty, and Song-Beverly Consumer Warranty Act. Nissan North America,...
2023.03.14 Motion for Leave to Amend TAC 434
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.14
Excerpt: ...repeatedly and inappropriately rubbing” plaintiff's arms and legs, next proceeded to grab Plaintiff's penis and testicles without “medical justification.” Dr. Castillo then began to digitally penetrate Plaintiff's anus. During the course of this conduct, Dr. Castillo allegedly rubbed his own genitals on Plaintiff's body for purposes of sexual gratification. Notwithstanding the end of the conduct in the examination room, Dr. Castillo then re...
2023.03.14 Motion to Compel Further Responses 092
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.14
Excerpt: ...City of Los Angeles. Rather than submitting an application, Defendants sought to broker an investment agreement with an existing cannabis business also in the process of obtaining cannabis business licensing. Plaintiff alleges Defendants were in fact engaged representing the seller as well, without disclosing said relationship to Plaintiff, thereby creating a conflict of interest. Defendants subsequently disclosed the relationship, and Plaintiff ...
2023.03.13 Motion to Compel Further Deposition 456
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.13
Excerpt: ...s working at the direction of defendant Hugo Osoy, and alleges Osoy failed to maintain a workers' compensation policy at the time of the incident. On May 21, 2020, Plaintiff filed a complaint for breach of statutory obligation, negligence, and premises liability. Defendants answered the complaint on August 19, 2020. On December 30, 2022, the action was reassigned to Department 49. RULING: Granted. Defendant Hugo Osoy moves to compel the Person Mo...
2023.03.13 Demurrer 637
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.13
Excerpt: ...iction of Emotional Distress · 5th Cause of Action: Negligence · 6th Cause of Action: Negligent Hiring, Supervision, Retention of Employee · 7th Cause of Action: Breach of Business and Professions Code section 17200 · 8th Cause of Action: Breach of Civil Code section 1942.4 Motion to Strike · Allegations in Support of, and Claim for, Punitive and Treble Damages · Claim for Attorney Fees SUMMARY OF ACTION On October 30, 2021, plaintiffs Albe...
2023.03.10 Motion to Strike Complaint 350
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.10
Excerpt: ... to October 25, 2021, in roller coaster maintenance. Plaintiff characterizes a back injury(ies), as a disability for which Defendant refused accommodation wrongful termination, and instead terminated Plaintiff. On December 9, 2022, Plaintiff filed a complaint for Disability Discrimination, Disability Retaliation, Failure to Engage in the Interactive Process, Failure to Accommodate, Violation of the California Family Rights Act, Wrongful Terminati...
2023.03.09 Demurrer 316
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.09
Excerpt: ...SUMMARY OF ACTION Plaintiff James Foy represents ownership of 15703 Sierra Hwy, Canyon Country. According to Plaintiff, a purported foreclosure and trustee sale occurred without any notice provided to Plaintiff. On December 6, 2022, Plaintiff filed a complaint Declaratory Relief, Quiet Title, Slander to Title, Cancellation of Document, and Unjust Enrichment. RULING: Demurrer: Sustained with Leave to Amend in Part/Sustained without Leave to Amend ...
2023.03.08 Special Motion to Strike 138
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.08
Excerpt: ...mobile Club of Southern California and/or Interinsurance Exchange of the Automobile Club, LLC. Plaintiff alleges Avelar wrongfully denied any liability after allegedly agreeing to take full responsibility for the accident. Plaintiff subsequently submitted a claim with the insurer, which led to a designation of Plaintiff's vehicle as a “total loss salvage.” Plaintiff contends said designation constituted false information as part of greater �...
2023.03.08 Demurrer 415
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.08
Excerpt: ...ction: Trespass · 5th Cause of Action: Nuisance · 6th Cause of Action: Intentional Infliction of Emotional Distress · 7th Cause of Action: Negligent Infliction of Emotional Distress · 8th Cause of Action: Negligence · 9th Cause of Action: Fraud · 10 th Cause of Action: Fraud SUMMARY OF ACTION On May 24, 2021, plaintiff Dominic Barbar entered into a one year lease with third party Ehsan Yaghoubi for certain real property located at 25511 Sch...
2023.03.07 Motion to Enforce Settlement 034
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.07
Excerpt: ...s from Plaintiffs' joint ownership of 11449 Sproule Ave., Pacoima, with predecessor Roxella Hudson. Plaintiff Helen Dennis is the daughter of Hudson. Upon the death of Hudson on November 27, 2018, defendant Invictus Lison represented an interest as successor trustee of the trust previously established by Hudson. Plaintiffs filed the instant complaint with the intention of compelling a sale of the property, which defendant refuses to agree. Plaint...
2023.03.07 Demurrer 613
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.07
Excerpt: ... On April 11, 2012, Plaintiff 23801 San Fernando Road Landco, LLC agreed to lease certain premises to Santa Clarita Convalescent Corporation, now identified as defendant 23801 Newhall Avenue, LLC, successor to Santa Clarita Convalescent Corporation. Defendants George Vergara, Henry Kim, and Jae Shin Song executed individual guarantees on the lease on January 5, 2015. The lease terms are for 11 years from April 11, 2012 to April 10, 2023. Beginnin...
2023.03.02 Demurrer to SAC 336
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.02
Excerpt: ...ike Claim for Punitive Damages against Luis Lopez SUMMARY OF ACTION Plaintiff Evelyn Gallegos was a student at Germain Elementary School with the Los Angeles Unified School District (LAUSD). Plaintiff alleges bullying by fellow students and the failure of the school principal, defendant Luis Lopez, to address the bullying, even after a transfer of the student to a new classroom. Plaintiff alleges a particularly violent incident on March 5, 2020, ...
2023.03.01 Special Motion to Strike 276
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.03.01
Excerpt: ...nted. Request for Judicial Notice: Granted as to the existence of the pleadings, default judgment, writ, and notice of enforcement, but not as to the truth of the matter asserted in any and all of the documents. Defendant Barbara Medovoy moves for a special motion to strike the complaint on grounds that the subject action arises entirely from a prior unlawful detainer action (22VEUD00824). The court electronic filing system shows no opposition or...

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