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Judge: Brazile, Kevin x
2021.08.05 Motion for Trial Preference 695
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...ouraged to appear remotely rather than in person. BACKGROUND Since at least 2011, Defendant Greenberg Cheese Company, Inc. (“GCC”) had rented a commercial property from Plaintiff Smithway Associates (“Smithway”) to conduct its business as a cheese factory. During 2017, the ceiling of the property suffered damage, resulting in a partial collapse. On January 30, 2018, GCC filed a complaint against Smithway stating causes of action for breac...
2021.08.05 Demurrer 866
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...y LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On December 31, 2020, Plaintiff Ketter Construction, Inc. filed a Complaint against Defendant Jiin Mi Kim and Does 1-5 stating causes of action for breach of contract and specific performance. 4979 West Washington Boulevard, Los Angeles, CA 90019 (the "Property") On January 13, 2021, Plaintiff filed a First Amended Complaint (“FAC”). On March 16, 2021, the c...
2021.08.05 Demurrer 186
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...INED WITH LEAVE TO AMEND as to the challenged defenses. Defendants shall file a Third Amended Answer within 20 days of this Order. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On March 2, 2021, Plaintiff Ascentium Capital, LLC filed a Complaint against Defendants DMH Aesthetics, LLC, Daniel Holbus ...
2021.08.04 Motion to Compel Further Privilege Log 567
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.04
Excerpt: ...thin 15 days of this Order updating the descriptions of the five challenged entries. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On July 15, 2020, Plaintiff Shila Ardalan filed a Complaint against Amco Insurance Company, The Liberty Company Insurance Brokers, Inc. (“Liberty”) and Does 1-100, st...
2021.08.04 Motion to be Relieved as Counsel 735
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.04
Excerpt: ..., 2022. Trial is continued to January 17, 2022. Counsel to give notice and file a proof of service of this Order. BACKGROUND On August 17, 2016, Plaintiff Inner City Skyline, Inc. filed a Complaint against Defendant Renita James and Does 1-20, stating causes of action for breach of contract, foreclosure of mechanic's lien, quantum meruit and account stated. On April 23, 2018, Defendant James filed a Cross-Complaint against Inner City Skyline and ...
2021.08.03 Demurrer, Motion to Strike 457
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.03
Excerpt: ...he Motion to Strike is DENIED. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On March 10, 2021, Plaintiffs Juana Guzman and Norma Aguilar filed a Complaint against Defendant Deborah Orozco and Does 1-20 stating causes of action for breach of the implied warranty of habitability, breach of the covena...
2021.08.02 Motion to Deem Facts Admitted 726
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.02
Excerpt: ...ounsel within 30 days of this Order. The Court issues an OSC Re: Why the case should not be dismissed for Plaintiff's failure to prosecute, set for August 24, 2021 at 8:30 a.m. in Department 20 along with the parties' post-mediation status conference. Any response shall be filed at least five days before the hearing. Moss to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely by LA Court Connect instead ...
2021.07.30 Motion for Protective Orders 498
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.30
Excerpt: ...t Statement shall be filed not less than five days before the hearing. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person due to rising COVID‐19 rates in Los Angeles County. BACKGROUND On February 4, 2021, Plaintiff Francisco Garcia filed a Complaint against Defendant 99 Cents Only Stores, LLC and Does 1-30, stating a single cause of action for negligence based on pr...
2021.07.29 Motion for Summary Judgment 749
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.29
Excerpt: ...ed to appear remotely via LA Court Connect rather than in person in view of rising COVID-19 rates in L.A. County. BACKGROUND On July 13, 2018, Plaintiff Michael Irvin filed a Complaint against Defendants Hollywood Park Casino Company, Inc. (“HPCC”), Imperium Security Specialists, Inc. (“Imperium”), Toni Garcia, and unnamed Does. Plaintiff's claims arise out of an altercation with Garcia at HPC's casino which resulted in physical intervent...
2021.07.28 Motion to Strike 223
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.28
Excerpt: ...t submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect in view of the rising COVID-19 rates in Los Angeles County. BACKGROUND On January 5, 2021, Plaintiff Digital Dolphin Supplies, LLC filed a Complaint against Defendants Justin Cotton, Quire Office Products LLC and Does 1-25. On April 30, 2021, Cotton and Quire filed a Cross-Complaint against Digital Dolphin stating a cause of action for unfair business p...
2021.07.27 Demurrer, Motion to Strike 961
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.27
Excerpt: ... GRANTED WITH LEAVE TO AMEND as to the prayer for punitive damages and prejudgment interest. The Motion is otherwise DENIED. Plaintiffs shall file a First Amended Complaint within 25 days of this Order. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On April 20, 2021, Plaintiffs Monica Quinones and C...
2021.07.27 Demurrer, Motion to Strike SAC 978
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.27
Excerpt: ...rsion, breach of bailment, negligence, and CLRA claims. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the negligent hiring claim. The Demurrer is MOOT as to claims stated against Defendant Smallwood. The Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to Plaintiffs' novel allegations against the individual Defendants, prayer for emotional distress damages in connection with the negligence claim, and prayer for non-restitutionary di...
2021.07.27 Motion for Attorney Fees 392
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.27
Excerpt: ...over overtime wages, meal period premium wages, liquidated damages and waiting time penalties from Defendant Mitsuwa Corporation based on his employment with Mitsuwa from January to December 2016. On August 2, 2019, the Labor Commissioner denied Imai's claims for overtime wages, meal period premium wages and liquidated damages. The Commissioner awarded Imai $1,260.00 in penalties for failure to timely pay final wages. On October 10, 2019, Imai ap...
2021.07.22 Request for Default Judgment 490
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.22
Excerpt: ... Complaint against Defendants Cany Trading, Inc., Xiangjun Wang, and Does 1-100, stating causes of action for breach of contract, breach of guaranty, claim and delivery, and account stated. The Complaint alleges Plaintiff entered into a loan agreement with Cany Trading in December 2018 (“Agreement 4001”) and that Wang executed a guaranty of Agreement 4001 in favor of Plaintiff. Plaintiff asserts an unpaid principal of $166,577.34 is due under...
2021.07.22 Motion for Leave to File SAC 913
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.22
Excerpt: ...s Order. BACKGROUND On October 11, 2019, Plaintiff Lola St. John, a minor acting through her guardian Allana St. John, filed a Complaint against Defendant Mia St. John and Does 1-25, stating causes of action for rescission and cancellation of a beneficiary designation for Kristoff St. John's life insurance policy based on undue influence by Mia, common count for money had and received, unjust enrichment, and seeking a constructive trust on the pr...
2021.07.21 Motion for Leave to File FAC 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.21
Excerpt: ... days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On July 3, 2017, Plaintiff Mahmed Mohamud (“Mohamud”), a truck driver, was engaged to transport cargo allegedly loaded onto the truck by Defendants J.B. Hunt Transport, Inc. (“JB Hunt”), J.B. Hunt Intermodal, and Prime Wheel Corporation. The cargo allegedly shifted while Mohamud...
2021.07.21 Demurrer 833
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.21
Excerpt: ...O AMEND as to the cause of action for unfair business practices. Plaintiff Cohen & Marzban, Law Corporation to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On January 15, 2021, Plaintiff Cohen & Marzban, Law Corporation filed a Complaint against Defendants Vatche Nerces Aposhian, Law Offices of Vatche Chorbajian, APC, USAA Casualty Insurance Company and unnamed Do...
2021.07.21 Demurrer 607
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.21
Excerpt: ...ation of Penal Code sec. 582.5, unfair business practices, and intentional infliction of emotional distress insofar as they are stated against CMFA. The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to Plaintiffs' causes of action for fraud, negligence per se, conversion, violation of Penal Code sec. 582.5, unfair business practices, and intentional infliction of emotional distress insofar as they are stated against CMFA. The Demurrer is OVERRULED...
2021.07.20 Motion to Seal 895
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.20
Excerpt: ... they are encouraged to appear remotely rather than in person. DISCUSSION Applicable Law In NBC Subsidiary (KNBC‐TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178, the Supreme Court identified factors that a trial court must “expressly find” satisfied before ordering records sealed. (Id. at 1217-18; CRC 2.550(d).) The court must find “that (i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substan...
2021.07.20 Motion for Attorney Fees 223
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.20
Excerpt: ... Plaintiff Sandra Maldonado filed a Complaint against Kia Motors America, Inc. (“KMA”) and Does 1-10, stating causes of action under the Song-Beverly Act. On July 12, 2019, Plaintiff filed a Motion to Compel Further Responses to Discovery. On December 11, 2019, the Court directed KMA to produce certain documents pursuant to the parties' Stipulated Protective Order. On May 2, 2021, Plaintiff filed a Notice of Settlement of Entire Case. On June...
2021.07.20 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.20
Excerpt: ...trike is GRANTED WITH LEAVE TO AMEND as to the prayer for punitive damages. Plaintiff shall file a Second Amended Complaint within 20 days of this Order. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On December 22, 2020, Plaintiffs Juan Bautista and Karl Flores filed a Complaint against Defendants General Motors LLC (“GM”) and unnamed Does, statin...
2021.07.16 Motion for Summary Adjudication 413
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.16
Excerpt: ...ion is DENIED as to the cause of action for unlawful business practices. Plaintiff to give notice and submit a proposed judgment. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On September 19, 2019, Plaintiff Nancy Esquivel filed a Complaint against Defendants Ovidio Tech, Dinora Tech and Does 1-100, stating causes of action for negligence, breach of the implied warranty of hab...
2021.07.15 Motion to Compel Further Responses 469
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.15
Excerpt: ...CONTINUED IN PART to September 15, 2021 pending further meet and confer efforts. The parties' Joint Statement shall be filed not less than five days before the hearing. Plaintiffs to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On September 27, 2019, Plaintiffs Norma Aguinaga and Maria Guadalupe Osorio (“Plaintiffs”) filed their Complaint against Defendants Ja...
2021.07.15 Motion to Amend Complaint 371
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.15
Excerpt: ...y rather than in person. BACKGROUND On September 4, 2019, Plaintiff Art of Management LLC ("AOM" or "AOM LLC") filed a Complaint against Defendants Fawaz Istwani, Jackson Cafe, Inc. and Does 1-20, stating causes of action for goods sold and delivered, open book account, and account stated. On January 31, 2020, Defendants filed a Cross-Complaint against Art of Management, LLP ("AOM" or "AOM LLP") and Roes 1-20, stating causes of action for breach ...
2021.07.15 Anti-SLAPP Motion 647
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.15
Excerpt: ...in person. BACKGROUND On June 5, 2019, Madison Kaplan filed a Complaint against Justin Gimelstob and Does 1-10 stating causes of action for loss of consortium and intentional and negligent infliction of emotional distress arising out of an alleged assault by Gimelstob on her husband Randall Kaplan on October 31, 2018. On February 28, 2020, Gimelstob filed a Cross-Complaint against Randall Kaplan and Does 1-10, stating causes of action for assault...

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