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2024.01.31 Motion to Compel Arbitration, Dismiss Representative Action, or Stay Proceedings 362
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.31
Excerpt: ...iability company. On March 13, 2023, Plaintiff filed a first amended complaint strictly for Civil Penalties Under the Private Attorney General Act. On May 1, 2023, the action was transferred from Department 11 to Department 30. On May 25, 2023, Defendant filed a 170.6 challenge to the assigned judicial officer in Department 30, thereby leading to reassignment. RULING: Granted as to Individual Arbitration/Granted as to Stay of PAGA Action/Denied a...
2024.01.31 Demurrer to TAC 007
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.31
Excerpt: ...eles Unified School District (LAUSD) failed to ever provide any “formal assessment,” and therefore never developed a Individualized Education Plan. On February 20, 2019, Plaintiff filed a complaint for Unruh Civil Rights Act, California Government Code section 11135, Intentional Infliction of Emotional Distress, Negligence, and Article I, Section 7(A) & Article IV, Section 16(A) of the California Constitution (19STCV06007). On March 11, 2019,...
2024.01.30 Motion to Compel Arbitration and Stay Action 714
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.30
Excerpt: ...2023. Plaintiff suffers from osteo arthritis and is/was a cancer patient. Plaintiff maintains certain activities in caring for the residents of the facility were improperly requested and not takin into account Plaintiff's medical history. On October 10, 2023, Plaintiff filed an 11 cause of action complaint for Harassment in Violation of Violation Of The Fair Employment And Housing Act – Hostile Work Environment; Disability Discrimination; Failu...
2024.01.30 Motion for Judgment on the Pleadings 725
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.30
Excerpt: ... Los Angeles, for a monthly rate of $975/month. The unit is on the top floor. On November 21, 2013, a roof leak appeared, thereby causing water intrusion into the unit. Upon reporting the leak, Plaintiff maintains the leak was not correctly repaired, which led to several years of leaking into the unit and mold development. On July 25, 2017, Defendant served a 60-Day Notice to Quit, and filed a subsequent unlawful detainer action on September 28, ...
2024.01.26 Demurrer to FAC 765
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.26
Excerpt: ... ACTION On July 6, 2018, plaintiff Garrett Matsunaga leased a Chevrolet Bolt vehicle, with defects in the battery and front seat belt pretensioner. On June 14, 2023, Plaintiff filed a complaint for Fraud – Concealment, Negligent Misrepresentation, Violation of Business and Professions Code section 17200, Violation of Song Beverly Act – Breach of Express Warranty, Violation of Song-Beverly Act – Breach of Implied Warranty, and Violation of S...
2024.01.25 Motion for Stay Pending Adjudication of Writ of Mandate 106
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.25
Excerpt: ...t. parcel on the corner of Wilshire Blvd. and Gayley Ave. Approximately two years following approval of the project, Defendant Los Angeles County Metropolitan Transportation Authority began an extension project of the Purple Line public transportation system, which would run adjacent to the Wilshire Gayley, LLC project. Vested rights were extended until June 13, 2023. In 2016, University of California Los Angeles/Regents of the University of Cali...
2024.01.24 Motion to Compel Further Responses 464
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.24
Excerpt: ...eges the County of Los Angeles improperly assessed property taxes for the years 2019 through 2022, for a balance in excess of $16,781.52. On August 17, 2022, and May 1, 2023, Plaintiff, in pro per, filed a complaint and first amended complaint for Refund of Property Taxes, Accounting, and Declaratory Relief. On May 2, 2023, the action was reclassified as unlimited. On September 5, 2023, the cou35rt (Department 85) sustained the demurrer to the ac...
2024.01.23 Demurrer 488
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.23
Excerpt: ...6th Cause of Action: Tenant Harassment in Violation of Civil Code section 1940.2 · 7th Cause of Action: Tenant Harassment in Violation of FEHA (Government Code section 12955) · 8th Cause of Action: Breach of Implied Warranty of Habitability · 9th Cause of Action: Breach of Implied Covenant of Quiet Enjoyment · 10 th Cause of Action: Violation of Los Angeles Municipal Code article 5.3 · 11 th Cause of Action: Violation of Los Angeles County C...
2024.01.19 Motion for Preservation of Evidence 602
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.19
Excerpt: ...ith “toxic” stone products led to the development of silicosis and death of Garcia-Leon on February 16, 2023. On May 22, 2023, Plaintiff filed a 582 paragraph complaint for negligence, strict liability – warning defect, strict liability – design defect, fraudulent concealment, and breach of implied warranties. The complaint names a multitude of parties comprised of suppliers, sellers, etc. The case was deemed non-complex on June 5, 2023, ...
2024.01.19 Motion for Attorney Fees 799
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.19
Excerpt: ...nz for a term of 48 months and a monthly rental of $455.42. Plaintiff listed her address on the lease agreement as 6720 Springpark # 16, Los Angeles, California, 90056. Plaintiff also submitted a reference application to Luxury Auto Leasing wherein she listed her mother, Juanita Bowdre, as a reference. The address plaintiff gave her mother was 6707 Springpark #17, Los Angeles, 90056. A credit application dated February 24, 1998, was executed by p...
2024.01.18 Application for Writ of Attachment 856
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.18
Excerpt: ...and Brittany Walsh (collectively Defendants) served as guarantors of Carbon Fit's obligations under the lease. Subject to the lease and corresponding guaranty, Defendants agreed to pay base rent subject to annual increases, plus common area operating expenses, for a term of five years. Shortly after the term of the lease began, Defendants stopped paying rent, common area operating expenses, or any other rental obligations, and left the Premises i...
2024.01.18 Demurrer, Motion to Strike 383
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.18
Excerpt: ...f) purchased a 2021 Chevrolet Silverado. (Comp., ¶ 4.) Plaintiff received various warranties in connection with the purchase of the vehicle from Defendant General Motors LLC (Defendant). (Comp., ¶¶ 5-6.) Plaintiff alleges that Defendant was deceptive in its marketing of the vehicle because of problems that Plaintiff has had with the transmissions. (Comp., ¶¶ 10-12.) Plaintiff further alleges that the dealer sales representative did not infor...
2024.01.18 Motion for Terminating Sanctions 995
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.18
Excerpt: ...onal injuries premises liability.” On May 28, 2201, Super Center Concepts, Inc. answered the complaint and filed a cross-complaint. On October 13, 2022, the action was transferred from Department 29 (a PI Hub Court) to Department 39. On October 26, 2022, Plaintiff filed a 170.6 challenge to the judicial officer in Department 39. The action was transferred to Department 68. RULING: Continued. Defendant Super Center Concepts, Inc. (Super) moves f...
2024.01.04 Motion to Compel Further Responses 764
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.04
Excerpt: ...occurring on July 4, 2020, which was exacerbated by alleged substandard conditions and maintenance of the premises identified as 8651 N. Wilbur Ave., Northridge. March 30, 2023, FCA US LLC answered the complaint. RULING: Granted. Defendant Excel Residential Services, Inc. moves to compel further responses to request for production of documents, numbers 1-43 from plaintiffs Jonatan Lopez, Zuleima Cervantes, Allen Cervantes, by and through his guar...
2024.01.02 Motion to Compel Deposition 394
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.02
Excerpt: ...a, Inc. regarding a 2021 Audio E-tron vehicle. Plaintiffs demanded repairs for unspecified problems, which remain unresolved. On December 15, 2022, and January 17, 2023, Plaintiff filed a complaint and first amended complaint for Violations of Song-Beverly Act – Breach of Express Warranty, Violations of Song-Beverly Act – Breach of Implied Warranty, Violations of Song-Beverly Act – Civil Code section 1793.2, and Negligent Repair. On Februar...
2024.01.02 Motion for Trial Preference 943
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2024.01.02
Excerpt: ... Lopez “presented” a Quitclaim Deed for Plaintiff to execute without explaining the meaning of the document. Plaintiff was unaware that the ownership of the property was now vested with Defendant. On October 2, 2023, Plaintiff filed a complaint for Financial Elder Abuse, Fraudulent Concealment, Cancellation of Instrument, Physical Elder Abuse, Elder Abuse, and Quiet Title. Maricela Lopez answered the complaint on November 15, 2023. In a separ...
2023.12.29 Motion to Compel Arbitration and Stay Action 487
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.29
Excerpt: ...rom unspecified defects. On December 27, 2023, Plaintiff filed a complaint for Violations Violation of Song-Beverly Act – Section 1793.2, and Breach of Implied Warranty of Merchantability. American Honda Motor Co., Inc. answered on April 11, 2023. RULING: Denied. Request for Judicial Notice: Granted in Part/Denied in Part. The court takes judicial notice of the filing of the complaint, but not the content of the pleading for the truth of any ma...
2023.12.27 Motion to Enforce Settlement Agreement 427
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.27
Excerpt: ... filed a first amended complaint for Motor Vehicle and Declaratory Relief. Defendants answered on August 25, 2023. RULING: Denied. Defendants moves for entry of judgment for the insurance policy limit—indicated as $15,000. Defendants indicate service of a settlement agreement and release on June 30, 2023, but remain unable to confirm execution of the settlement. Plaintiff in opposition denies the existence of any mutual consent, thereby establi...
2023.12.27 Motion for Trial Preference 586
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.27
Excerpt: ...On May 6, 2022, Plaintiff filed a complaint for Negligence, Premises Liability, and Loss of Consortium. On July 17, 2023, defendant Kellermeyer Bergensons Services, LLC, answered the complaint. On August 21, 2023, Kohl's, Inc. answered the complaint. On October 24, 2023, Kohl's, Inc. filed a cross-complaint for indemnity and declaratory relief against Kellermeyer Bergensons Services, LLC. RULING: Granted. Plaintiff Eliot Witherspoon moves for tri...
2023.12.26 Motion to Compel Compliance with Deposition Subpoena 865
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.26
Excerpt: ...chool campus within the territory of Defendant Saugus Union School District (Saugus Union), was an enrolled student on campus, when a fellow classmate, “Tobin,” reported to a staff member on campus that Plaintiff was carrying a gun in his backpack. According to the complaint, Plaintiff told Tobin he had a “Nurf-Slingshot gun” with him, which led to the misrepresentation of an actual gun. Plaintiff is a student with special needs and a lea...
2023.12.13 Motion to Compel Compliance with Deposition Subpoena 865
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.13
Excerpt: ...erritory of Defendant Saugus Union School District (Saugus Union), was an enrolled student on campus, when a fellow classmate, “Tobin,” reported to a staff member on campus that Plaintiff was carrying a gun in his backpack. According to the complaint, Plaintiff told Tobin he had a “Nurf-Slingshot gun” with him, which led to the misrepresentation of an actual gun. Plaintiff is a student with special needs and a learning disability. Plainti...
2023.12.13 Motion for Leave to File FAC 251
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.13
Excerpt: ...ion and retail store at 20450 Lassen St. On April 13, 2022, Superior Construction Group, Inc. filed a complaint for Breach of Contract, Foreclosure of Mechanic's Lien, Quantum Meruit, Fraud – Promise Made without the Intent to Perform, Conspiracy to Defraud. On June 1, 2022, Profuel, Inc, Charles Naaman, Liem Quang Dang, TS Construction answered, with Profuel filing a cross-complaint against Superior Construction Group and Maroun Sadaka for Bre...
2023.12.12 Motion to Compel Expert Depositions 467
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.12
Excerpt: ...rohealth Professional Services, et al. answered the complaint on October 12, 2021. On October 13, 2023, the court granted the motion for judgment on the pleadings brought by Prohealth Professional Services, Regency Surgery Center, Central Valley Occupational Medical Group, Inc., Pro-Health Valley Occupational Medical Group, Inc., and Sean Younai. On November 9, 2023, Plaintiff filed a first amended complaint. RULING: Granted. Plaintiff Vanessa Si...
2023.12.12 Motion for Attorney Fees 138
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.12
Excerpt: ...with defendant Ricardo Avelar, and insured 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 ...
2023.12.11 Motion to Compel Further Responses 247
Location: Los Angeles
Judge: Pfahler, Stephen P
Hearing Date: 2023.12.11
Excerpt: ...US LLC answered the complaint. RULING: Denied. Plaintiff Paul Markarian moves to compel further responses to request for production of documents, numbers 116-19, 21, 41 and 56. The dispute involves the request for general categories of documents to which Plaintiff alleges unmeritorious objections and non-responsive statements. Defendant in opposition maintains the responses were appropriate, and furthermore provided supplemental responses regardi...

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