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2021.11.22 Motion for Leave to File FAC 286
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.22
Excerpt: ...n for Leave to File First Amended Complaint is GRANTED. The proposed First Amended Complaint is deemed filed as of this date. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On February 1, 2021, Plaintiff filed a verified complaint against Defendants for partnership dissolution and appointment of receiver. T...
2021.11.16 Request for Default Judgment 678
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.16
Excerpt: ...Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a declaratory relief complaint against Defendants Irma Sierra, Luis Sierra, Vanye Donace Eley, Royal Exotic Car Rental, David Torres, Jr. (collectively, “Defendants”), and Does 1-30. Plaintiff is the automobile insurer of a 2016 Ferrari California that was involved in an accident on October 16, 2021. By this action, Plaintiff seeks a declaration that it has no ob...
2021.11.15 Motion for Relief from Default 698
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.15
Excerpt: ...ault is DENIED. Sanchez to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On December 21, 2016, Plaintiff filed a complaint against Sanchez and Premier Personnel Resources Inc. (“Premier Personnel Resources”) (jointly, “Defendants”) for breach of contract. Plaintiff alleged, inter alia, that it provided Defendan...
2021.11.12 Request for Default Judgment 947
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.12
Excerpt: ...iled a complaint against Defendants Mantis Development, Inc. (“Mantis”), Richard Martinez aka Ricky Martinez (“Martinez”), and Does 1-10. The complaint primarily alleges that Defendants failed to return Plaintiffs' earnest money deposit in the amount of $27,750 following Defendants' breach of a contract for the purchase/sale of property located at 2081 W. 29" Street, Los Angeles, CA 90018 (“Property”). Plaintiffs seek return of their ...
2021.11.10 Motion to Compel Arbitration and Stay Judicial Proceedings Pending Arbitration 670
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.10
Excerpt: ...ively, “Defendants”) Responding Party: Plaintiff LaRhonda Abney (“Plaintiff”) Notice: OK Ruling: The Motion to Compel Arbitration and Stay Judicial Proceedings Pending Arbitration is GRANTED. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On February 19, 2021, Plaintiff filed a complaint against De...
2021.11.09 Motion for Summary Adjudication 087
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.09
Excerpt: ...oving Defendants”) Responding Party: Plaintiff Arnold German (“Plaintiff”) Notice: OK Ruling: The Motion for Summary Adjudication of the remaining issues (Issues 2 to 6) is DENIED. Moving Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On June 13, 2017, Plaintiff a complaint against several defendants...
2021.11.09 Motion for Sanctions, to Dismiss, to Compel Deposition 500
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.09
Excerpt: ...rator to the Estate of Josefa Cuevas (jointly, “Defendants”) Responding Party: Plaintiffs Maria Duran (“Duran”) and Gary Rand & Suzanne E. Rand- Lewis, Professional Law Corporations (“PLCS”) (jointly, “Plaintiffs”) Notice: OK Ruling: Defendants' motion is GRANTED in part. The Court: (1) imposes monetary sanctions in the reduced amount of $1,110 against Plaintiffs and their counsel, jointly and severally; (2) will not impose termin...
2021.11.08 Motion to Compel Responses, for Monetary Sanctions 726
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.08
Excerpt: ... The Court DISMISSES the action. The Motion to Compel Responses is therefore MOOT. Defendant shall submit a proposed judgment within 10 days. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On February 13, 2019, Plaintiff Anthony Hurd (“Plaintiff”) filed this action against Defendant arising out of his a...
2021.11.05 Motion to Compel Deposition, for Sanctions 444
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.05
Excerpt: ...aintiffs”) Notice: OK Ruling: The Motion to Compel Deposition and Request for Sanctions in the Amount of $3,920 is CONTINUED to December 7, 2021 at 8:30 a.m. to coincide with Plaintiffs' Motion for Protective Order scheduled for hearing on that date. Amazon.com Services to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUN...
2021.11.05 Motion to Compel Deposition 072
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.05
Excerpt: ...with documents) within 20 days. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND The operative First Amended Complaint (“FAC”) alleges, inter alia, that Defendant knew, but failed to disclose, that 2019 Chevrolet Silverado vehicles (including Plaintiff's vehicle[1]) are “predisposed to defects in the au...
2021.11.04 Motion for Summary Judgment, Adjudication 731
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.04
Excerpt: ...e Health System, LLC, and Nicholas Orzano (collectively, “Defendants”) Responding Party: Plaintiff Brenda Smith (“Plaintiff”) Notice: OK Ruling: The Motion for Summary Judgment/Adjudication is DENIED. Gardena Hospital to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On August 27, 2020, Plaintiff filed a complai...
2021.11.01 Motion for Judgment Notwithstanding the Verdict 429
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.11.01
Excerpt: ...ve notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On April 19, 2016, Plaintiff filed a complaint against Oriental Mission Church (“Church”), Hong In Chai, Soo Jung Noh, Kwang Suk An, Young Sik Jung, James Park, Moon Sup Um, Young Se Lee, Young Song Lee, Sae Hoon Lee, Soo Nam Choi, Hwan Park, Chang Woong Um, Hyung Jim Bob...
2021.10.29 Motion for Summary Adjudication 686
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.29
Excerpt: ...t Company, L.P. (“Defendant”) Notice: OK Ruling: The Motion for Summary Adjudication is DENIED. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On December 14, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant,[2] alleging that Defendant obtained investigative con...
2021.10.28 Motion for Summary Judgment, Adjudication 731
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.28
Excerpt: ...ts to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On February 15, 2019, Plaintiff Mina Salib (“Plaintiff”) filed a complaint against Defendants,[1] asserting causes of action for: (1) discrimination based on disability; (2) failure to accommodate; (3) failure to engage in the interactive process; (4) harassment b...
2021.10.27 Motion to Compel Further Responses, for Sanctions 895
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.27
Excerpt: ...outhern California Reproductive Center Medical Group, Inc. (“SCRC”) Responding Party: Defendants/Cross-Complainants David Hill (“Hill”) and Embryonics, Inc. (“Embryonics”) (jointly, “Defendants”) Notice: OK Ruling: The Motion to Compel Further Responses and Request for Sanctions is GRANTED. Defendants shall respond within 20 days. The request for sanctions is DENIED. Moving Parties to give notice. If counsel do not submit on the t...
2021.10.27 Motion to Amend Judgment 871
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.27
Excerpt: ... Company. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On April 5, 2021, Plaintiff filed a complaint against Defendants Bailey 44, LLC, a limited liability company, Sister Sam, LLC, a limited liability company, and Does 1-100. The complaint asserted a single cause of action for open book account, alleging...
2021.10.27 Demurrer 833
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.27
Excerpt: ...ing: The demurrer to the UCL claim in the FACC is SUSTAINED WITHOUT LEAVE TO AMEND. Cross-Defendant shall answer within 20 days. Cross-Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On March 29, 2021, Cross-Complainant filed the original cross-complaint against Cross- Defendant arising out of an attorney-cl...
2021.10.27 Demurrer 260
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.27
Excerpt: ...“Defendants”) Responding Party: Plaintiffs Tenesshua Adams (“Adams”), Kimberly Garcia (“Garcia”), Maria Diaz (“Diaz”), and George Dussan (“Dussan”) (collectively, “Plaintiffs”) Notice: OK Ruling: The Demurrer to the Fourth Amended Complaint is OVERRULED. Defendants shall answer within 20 days. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rath...
2021.10.26 Petition to Correct or Vacate Arbitration Award 201
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.26
Excerpt: ... Arbitration Award is DENIED. Plaintiff's request to confirm the arbitration award is GRANTED. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On May 16, 2019, Plaintiff filed a complaint against Defendant arising out of the termination of her employment. Plaintiff asserted causes of action for: (1) gender i...
2021.10.26 Motion to Quash Subpoenas 207
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.26
Excerpt: ...uling: The motion to quash is DENIED. However, Defendants are ordered to designate as “Confidential” any responsive documents produced by the subpoenaed third-party employers. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On April 6, 2021, Plaintiff, a Licensed Vocational Nurse at a facility operated b...
2021.10.26 Motion to Approve and Enter Consent Judgment 602
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.26
Excerpt: ...give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On June 16, 2020, Plaintiff filed a complaint against Defendant Nordstrom, Inc. (“Defendant”)[1] for violations of Proposition 65, The Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Safety Code §§ 25249.5, et seq.) (“Prop 65”). The complaint alleg...
2021.10.15 Demurrer 166
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.15
Excerpt: ...laintiffs”) Notice: OK Ruling: The Demurrer to the FAC is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to fraud and OVERRULED as to negligence. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On April 13, 2021, Plaintiffs filed the operative FAC. The FAC asserts four causes of action: (1) recovery for payment...
2021.10.14 Demurrer, Motion to Strike 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.14
Excerpt: ...iff's request for punitive damages under the first through fifth causes of action. The Motion to Strike is DENIED as to Plaintiff's request for punitive damages under the sixth cause of action. GM shall answer within 20 days. GM to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On April 9, 2021, Plaintiff filed a “lem...
2021.10.14 Motion for Leave to File SAC 793
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.14
Excerpt: ...o give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On September 23, 2019, Plaintiff filed a Complaint against Defendants Ideal, Sarah Yovino, Justin Yovino, and Does 1-50, asserting causes of action for discrimination based on disability in violation of FEHA, retaliation in violation of FEHA, failure to accommodate disabi...
2021.10.14 Motions to Strike Answers as Terminating Sanctions 745
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.14
Excerpt: ...ting sanctions. Defendants oppose the motions. ANALYSIS The court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., § 2023.030, subds. (d)(1) & (d)(3).) California discovery law authorizes a range of pena...
2021.10.14 Motion to Compel Further Responses, for Sanctions 845
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.14
Excerpt: ...her Responses is GRANTED. Plaintiff shall respond without objection within 20 days. The Court awards sanctions in the reduced amount of $950, payable within 30 days. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND This action arises out of a June 7, 2013 Purchase and Sale Agreement, whereby Plaintiff agreed ...
2021.10.13 Motion to Compel Further Responses 477
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.13
Excerpt: ...K Ruling: The motion to compel further responses is GRANTED as to: Special Interrogatories (Set One) (DeVone) Nos. 1-11, 18, and 24-28; Requests for Admissions (Set One) (DeVone) Nos. 21-22, 29, and 31; Form Interrogatories (Set One) (DeVone) No. 17.1 as it relates to the underlying Requests for Admissions Nos. 21- 22, 29, and 31; and Request for Production (Set One) (DeVone) No. 17 (as modified). DeVone shall serve supplemental responses within ...
2021.10.13 Motion to Amend Default Judgment 388
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.13
Excerpt: ...tice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On October 6, 2020, Plaintiffs filed a Complaint against Defendants Ballaj, dba Hookah G and Kalari Vapor, a California Corporation (“Ballaj”), Nadeem Ballaj, and Does 1 through 100, asserting causes of action for disability discrimination, failure to accommodate disability, f...
2021.10.13 Demurrer 280
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.13
Excerpt: ..., “Plaintiffs”) Notice: OK Ruling: The Demurrer to the Second Amended Complaint is OVERRULED. CIGA shall answer within 20 days. CIGA to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On December 10, 2020, Plaintiffs filed a Complaint for declaratory relief against Automobile Club of Southern California (“AAA”), ...
2021.10.08 Motion to Compel Arbitration, for Preliminary Injunction, to Seal 060
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.08
Excerpt: ...tiff”) Motion: Motion for Preliminary Injunction; Motion to Seal Moving Party: Plaintiff Responding Party: Defendants Notice: OK Ruling: The Motion to Compel Arbitration is GRANTED. Behave's Motion to Seal is GRANTED. Plaintiff's Motion for Preliminary Injunction and the related Motion to Seal Exhibit 8 in Support of the Motion for Preliminary Injunction are STAYED pending arbitration. Defendants to give notice. If counsel do not submit on the ...
2021.10.08 Demurrer, Motion to Strike 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.08
Excerpt: ...S LEAVE TO AMEND. Prime Wheel to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On July 22, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Prime Wheel, J.B. Hunt Transport, Inc. d/b/a J.B. Hunt a/k/a J.B. Hunt Intermodal, and Does 1-20 (collectively, “Defendants”) arising from an all...
2021.10.06 Motion to Compel Further Responses, for Sanctions 432
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.06
Excerpt: ...he Amount of $2,388.15 Moving Party: Defendant Bio-Nutraceuticals, Inc. (“Defendant”) Responding Party: Plaintiff Francisco Salazar (“Plaintiff”) Notice: OK Ruling: The Motion to Compel Further Responses to Form Interrogatories – General (Set One) is GRANTED. Plaintiff shall provide supplemental responses within 20 days. The Motion to Compel Further Responses to Form Interrogatories – Employment Law (Set One) is MOOT. The Court awards...
2021.10.06 Demurrer 809
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.06
Excerpt: ...S LEAVE TO AMEND. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On February 5, 2021, Plaintiff filed a Complaint against LAUSD and Does 1-100, asserting causes of action for wrongful termination in violation of public policy, discrimination, failure to prevent discrimination, failure to accommodate, and fa...
2021.10.05 Motion to Tax Costs 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.05
Excerpt: ...TED as to part of the filing and motion fees ($414.20), transcripts of court proceedings ($1,216.12), and JAMS mediation fees ($1,890.00) and DENIED as to part of the filing and motion fees ($500.00), deposition costs, and messenger fees. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On November 17, 2017,...
2021.10.05 Motion for Summary Adjudication 087
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.05
Excerpt: ... Defendants”) Responding Party: Plaintiff Arnold German (“Plaintiff”) Notice: OK Ruling: The Motion for Summary Adjudication of Issue 1 is DENIED. The Motion for Summary Adjudication of Issues 2 to 6 is CONTINUED to November 9, 2021 at 8:30 a.m. Plaintiff may file a supplemental brief no later than five court days prior to the hearing addressing the evidence in the Vithlani Declaration. Moving Defendants to give notice. If counsel do not su...
2021.10.04 Motion to Quash Deposition Subpoena 372
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.10.04
Excerpt: ...LADWP”) Notice: Not OK Ruling: The Motion to Quash Deposition Subpoena for Production of Business Records is DENIED. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On March 24, 2020, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Los Angeles Department of Water and Power, Jorge...
2021.09.29 Demurrer 071
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.29
Excerpt: ...n and SUSTAINED WITH LEAVE TO AMEND as to the Unfair Competition Law – restitution cause of action. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On March 1, 2021, Plaintiff filed a complaint for private nuisance, breach of contract, and Unfair Competition Law – restitution arising out of Defendant's a...
2021.09.29 Motion to Compel Further Responses, for Sanctions 432
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.29
Excerpt: ...15 Moving Party: Defendant Bio-Nutraceuticals, Inc. (“Defendant”) Responding Party: Plaintiff Francisco Salazar (“Plaintiff”) Notice: OK Ruling: The Motion to Compel Further Responses to Special Interrogatories (Set One) is GRANTED. The Motion to Compel Further Responses to Request for Production (Set One) is GRANTED. The Court awards sanctions in the reduced total amount of $2,115.00 for both motions. Defendant to give notice. If counsel...
2021.09.29 Demurrer 375
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.29
Excerpt: ...ss-Defendants”) Responding Party: Cross-Complainants Alexander Habrich (“Habrich”), Neil Dunn, 3761444 Canada, Inc. (“Habrich Company”), Dunn Consulting, and Lawrence Mortorff (“Mortorff”) (collectively, “Cross- Complainants”) Notice: OK Ruling: The general demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st cause of action and OVERRULED as to the 2 nd, 3 rd, 4 th, 5 th, and 7 th causes of action. The special demurr...
2021.09.29 Motion for Protective Order, for Sanctions 498
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.29
Excerpt: ..., 27, 28, 45, 46, 48, 138, 139 and DENIED as to 7, 174, and 177. The Motion for Protective Order Re: Requests for Production is partially GRANTED as to nos. 32, 69, and 87. The cross-requests for sanctions are DENIED. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On February 4, 2021, Plaintiff filed a comp...
2021.09.28 Motion to Reconsider or Set Aside Rulings 956
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.28
Excerpt: ... 23, 2021 and June 23, 2021 is DENIED. Defendant Nejat Kohan to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On March 16, 2012, Plaintiff Pacifica L 39, LLC (“Pacifica”) filed a complaint against multiple defendants, including Hormoz Abdolhosein Ramy aka Hormoz Ramy (“Hormoz”) and Nejatollah Kohandarvish aka N...
2021.09.28 Motion to Compel Medical Exam, to Compel Production of Business Records 890
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.28
Excerpt: ...ant”) Responding Party: Plaintiff Jessica Martinez (“Plaintiff”) Notice: OK Ruling: The Motion to Compel Medical Examination is GRANTED, subject to limitations regarding the taking of additional X-rays and scans and the questioning into Plaintiff's occupational history and the incident history. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person ...
2021.09.28 Demurrer 725
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.28
Excerpt: ...g: The demurrer to the 1 st and 2 nd causes of action is SUSTAINED WITH LEAVE TO AMEND based solely on failure to allege compliance with the Government Claims Act's claim filing requirements and OVERRULED on all other bases. The demurrer to the 3 rd and 4 th causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff shall file a First Amended Complaint within 20 days of this ruling. Defendants to give notice. If counsel do not submit on the ...
2021.09.27 Petition to Confirm Arbitration Award 670
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.27
Excerpt: ...strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On June 23, 2020, Petitioner commenced a FINRA[1] arbitration by filing a FINRA Arbitration Submission Agreement and a petition seeking expungement of all references to a complaint against her by her former Morgan Stanley Smith Barney customer (Occurrence Number 1445679) from her Central Registration Depository (“CRD”) record. On Aug...
2021.09.27 Motion for Terminating and Monetary Sanctions 544
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.27
Excerpt: ...OK Ruling: The Motion for Terminating Sanctions is DENIED WITHOUT PREJUDICE. The Motion for Monetary Sanctions is GRANTED, but as to a reduced amount of $1,680.00. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. BACKGROUND On January 16, 2019, Plaintiff (along with Jerry Xu) filed a complaint against Defendants arising...
2021.09.24 Motion to Vacate Affidavit of Identity and Quash Writ of Execution 381
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.24
Excerpt: ...t quashes and recalls any connected Writs of Execution upon property of Kim. Kim to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely by LA Court Connect, not in person. BACKGROUND On April 26, 2011, Plaintiff Sandoval filed a Complaint against Law Offices of Kim stating claims for pregnancy discrimination arising out of her employment at the Law Offices. Nominal defendant Moon Ki Kim practiced law thr...
2021.09.24 Motion to Compel Responses 883
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.24
Excerpt: ...erified, code-compliant responses without objection to Form Interrogatories. The Court imposes monetary sanctions of $910.00 jointly and severally on Coldwell and the Ress Defendants, payable to Plaintiff's counsel within 30 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely via LA Court Connect rather than in person. BACKGROUND On July 1, 2020, Plaintiff Mojdeh...
2021.09.24 Motion to Compel Deposition Attendance 141
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.24
Excerpt: ... topics specified in the deposition notice within 30 days of this Order. Rocha to give notice. If the parties do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On October 2, 2019, Plaintiff Rocha filed a Complaint against Defendant General Motors, LLC stating causes of action under the Song-Beverly Act arising out of a vehicle manufactured by GM and purchased by Plaintiff. On September 24, 20...
2021.09.24 Motion to Compel Arbitration 693
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.24
Excerpt: ...ounsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On June 2, 2021, Plaintiff Megan Dorty filed a Complaint against Defendants Luxottica of America, Luxottica Retail North America, Teri Pliego, and Does 1-25 stating causes of action under FEHA for disability discrimination, race discrimination, sex discrimination, harassment based on race and sex, retaliation, failure to acco...
2021.09.21 Demurrer 000
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.21
Excerpt: ...uraged to appear by LA Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On January 27, 2021, Plaintiff William Paul Henry filed a First Amended Complaint (“FAC”) against Defendants Maria Munoz, Athas Capital Group, Inc., Rama Capital Partners, LLC and Does 1-10, stating causes of action for fraud, breach of fiduciary duty, negligence, conspiracy to defraud, unjust enrichment, and breach of contract. On March 2,...
2021.09.21 Demurrer 794
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.21
Excerpt: ... UCL claim. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the conversion claim and claim under Penal Code sec. 496(c). Plaintiff shall prepare and file a Second Amended Complaint within 25 days of this Order. Dangoor 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 the COVID-19 pandemic. BACKGROUND On November 13, 2020, Plaintiff Rafi Ra...
2021.09.20 Request for Default Judgment 195
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.20
Excerpt: ...n July 27, 2020, Plaintiff Unlimited Security Specialists, Inc. filed a Complaint against Mochi Holdings Group, Inc., Bruce Hutchison and Does 1-10, stating causes of action for breach of a contract for security services, open book account, account stated, and reasonable value of services rendered. Plaintiff sought "damages in the principal sum of $93,620.00, together with late fees and interest," "statutory attorney fees," "costs of suit," and "...
2021.09.17 Request for Entry of Default Judgment 699
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.17
Excerpt: ...ds filed a Complaint against Pints & Quarts Gastro Pub, LLC dba Pints & Quarts Gastro Pub & Pizzeria ("P&Q"), Donna M. Niehouse, Cary Reese and Does 1-10, stating causes of cation for breach of contract, breach of guaranty, and common counts for open book account, account stated and reasonable value arising out of Niehouse's application to Plaintiff for a credit line for P&Q, subsequent purchases thereunder, and the personal guaranty of the credi...
2021.09.17 Motion for Summary Judgment 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.17
Excerpt: ...ve, they are encouraged to appear remotely rather than in person. BACKGROUND On June 3, 2016, Plaintiffs Praxedes E. Running and the Praxedes E. Running Trust filed a Complaint against Covina Irrigating Company (“CICO”), City of Azusa (“City”), Azusa Valley Water Company (“AVWC”), San Gabriel River Water Committee (“SGRWC”), George Morrow, Fran Delach, Chet Anderson, William McIntyre, Andrew McIntyre, and Canyon Water Company, sta...
2021.09.16 Motion to Compel Compliance 785
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.16
Excerpt: ...otice. 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 the COVID-19 pandemic. BACKGROUND On May 14, 2019, Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez (“Plaintiffs”) filed a Complaint against Defendants FCA US LLC and Ellis Family Stores (“Defendants”). On August 14, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). On Octob...
2021.09.16 Motion for Summary Judgment 066
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.16
Excerpt: ...l detainer. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On June 29, 2021, Plaintiff Alexis Baker filed a Complaint against Defendants Jonah Hirsch, Big Mountain Film Company, LLC and Does 1-50 stating a single cause of action for unlawful detainer of 148 S. Roxbury Drive, Unit #3, Beverly Hills, CA 90212 (the "Property"). On July 14, 2021, Hirsch fil...
2021.09.14 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.14
Excerpt: ... on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 28, 2019, Plaintiff Patsy A. Johnson filed a Complaint against Defendants General Motors LLC (“GM”) and Does 1-20, stating causes of action under the Song-Beverly Act arising out of Plaintiff's purchase of a 2019 Chevrolet Silverado. On December 30, 2020, Plaintiff filed a Motion to Compel Further Responses to Special Interrogatories and Moti...
2021.09.14 Motion to Compel Arbitration 866
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.14
Excerpt: ...ntative, they are encouraged to appear remotely rather than in person. BACKGROUND On January 13, 2021, Plaintiff Ketter Construction, Inc. filed a Complaint against Defendants Jiin Mi Kim and Does 1-5 stating causes of action for breach of contract, fraud, and money had and received. On March 19, 2021, Kim filed a Cross-Complaint against Solid Sound, LLC and Does 1-10 stating a single cause of action for breach of contract. Kim alleges Ketter "is...
2021.09.10 Request for Default Judgment 279
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.10
Excerpt: ...ses of action under FEHA for pregnancy discrimination, disability discrimination, sex discrimination, and retaliation alongside common law causes of action for intentional and negligent infliction of emotional distress and wrongful termination in violation of public policy. On December 20, 2019, Easydisc filed an Answer. On August 14, 2020, counsel for Eaydisc substituted out of the action. On November 10, 2020, the Court struck Easydisc's Answer...
2021.09.09 Motion to Quash Summons, to Stay 502
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.09
Excerpt: ...es do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On November 5, 2020, Plaintiffs Rijel Tavella, Joanna Crosby, Anna Crosby, Nadia Pavia and Dominique Williams filed a Complaint against Defendants 1516 Hobart Investments, LP ("Hobart"), Concord Real Estate, Stanley Treitel, Lance Robbins and Does 1-50 stating causes of action for breac...
2021.09.01 Demurrer 052
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...as a whole and the reference in Paragraph 33 to “Atlas and Hwang.” 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 due to the COVID‐19 Pandemic. BACKGROUND On October 3, 2019, Plaintiff First Law Group, APC filed a Complaint against Defendants Hugo Granadeno (“Hugo”), Doris Granadeno (“Doris”), Hugo Granadeno Drywall Company (“HG...
2021.09.01 Demurrer, Motion to Strike 916
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...gligence claim. The Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to the prayer for punitive damages and supporting allegations of fraud, oppression and malice. Plaintiffs shall file a First Amended Complaint within 20 days of this Order. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On February 23, 2021, Plaintiffs Freida Jackson and Michael Jay Jackson filed a Complai...
2021.09.01 Motion for Leave to Amend 179
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...ties do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On May 13, 2020, Plaintiff Vicente Lopez filed a Complaint against Defendant Andrew Koretoff d.b.a. J & S Construction and Does 1-25 stating causes of action for failure to pay wages, provide meal and rest breaks, provide accurate itemized wage statements, reimburse required business ...
2021.09.01 Motion to Compel Further Responses 031
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.09.01
Excerpt: ...s for Production is DENIED. Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On July 20, 2018, William Ysaguirre (“Decedent”), filed a form complaint against NEMT Solutions, LLC (“NEMT”); and Does 1-100, for (1) negligence and (2) elder abuse. William Ysaguirre died on October 14, 2018. On March 18, 2019, Plaintiffs Diane Ysaguirre and Wilneisha ...
2021.08.31 Motion to Compel Arbitration 288
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.31
Excerpt: ... a Complaint against Defendant Jason Streatfeild and Does, seeking declaratory relief that Defendant may not pursue FINRA arbitration which Defendant initiated against Plaintiff. On May 14, 2021, Defendant filed a Motion to Compel Arbitration. On August 18, 2021, Plaintiff filed an Opposition to the Motion to Compel. On August 24, 2021, Defendant filed a Reply in support of his Motion to Compel. DISCUSSION Applicable Law A trial court is required...
2021.08.31 Motion for Attorney Fees 470
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.31
Excerpt: ...ACKGROUND On July 2, 2019, Plaintiff Alberto Andrade Aguilar filed a Complaint against Defendant FCA US LLC and Does 1-10 stating causes of action under the Song-Beverly Act. On March 17, 2021, Plaintiff filed a Memorandum of Costs. On June 14, 2021, Plaintiff filed a Notice of Settlement of Entire Case. On August 9, 2021, Plaintiff filed a Motion for Attorney's Fees and Costs. On August 18, 2021, FCA filed an Opposition. On August 24, 2021, Plai...
2021.08.30 Request for Default Judgment 725
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.30
Excerpt: ...stating causes of action for partition of real property, accounting, and breach of fiduciary duty seeking to partition and sell 23338 Wagon Trail Road, Diamond Bar, CA 91765 (the “Property”). Plaintiff alleges he and Defendant are joint owners of the Property. On December 20, 2019, default was entered against Defendant. On August 10, 2021, Plaintiff filed a request for entry of default judgment against Defendant seeking an interlocutory judgm...
2021.08.30 Demurrer 765
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.30
Excerpt: ...NED WITHOUT LEAVE TO AMEND as to the unjust enrichment claim. The Demurrer is OVERRULED as to the breach of fiduciary duty claim. Plaintiff shall file a Second Amended Complaint within 20 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On September 3, 2020, Plaintiff SK Rossgosstrakh PAO (“RGS”) filed a Complaint against De...
2021.08.27 Motion to Compel Deposition of PMK 545
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.27
Excerpt: ...ihan and its counsel, Barzin Barry Sabahat, payable to Etehad Law within 30 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely rather than in person in view of COVID-19. BACKGROUND On May 20, 2019, Plaintiff Shahram Mirzaei filed a First Amended Complaint against Defendants Pejman Behkar, Law Offices of Pejman Behkar, Mihan Corporation and Does 1-10 stating caus...
2021.08.24 Motion to Compel Further Responses, for Protective Order 924
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.24
Excerpt: ...ctive order. The Motion to Compel Further Responses is GRANTED as to Form Interrogatories 2.2, 2.3, 2.5 and 2.6. The Motion is otherwise GRANTED subject to the protective order. Further responses are due within 30 days of entry of the Proposed Protective Order. Yamaguchi to give notice. Counsel are strongly encouraged to appear by LA Court Connect rather than in person if they do not submit on the tentative, in view of the COVID-19 Pandemic. BACK...
2021.08.20 Motion to Compel Responses 939
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.20
Excerpt: ... sanctions is DENIED. Plaintiffs to give notice. BACKGROUND On February 1, 2021, Plaintiffs Samuel Kim and Cali Blue Sky Investment, Inc. filed a Complaint against Defendants Vape Pens Wholesale, U.S. Fulfillment, Inc., James Paul Davis, Luis Mundo Garcia, Josue Danilo Osorio and Does 1-50 stating causes of action for statutory trademark infringement, common law trademark infringement, trademark dilution, unfair competition and deceptive business...
2021.08.20 Motion for Summary Adjudication 733
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.20
Excerpt: ...onal distress, wrongful termination and negligent hiring and supervision. The Motion is GRANTED as to the cause of action for breach of implied-in- fact contract as stated against Defendants generally. The Motion is DENIED as to the causes of action against Defendants generally for failure to accommodate, failure to engage in the interactive process, failure to prevent harassment, and DENIED as to each of the FEHA claims against Arce. Defendants ...
2021.08.19 Motion to Compel Arbitration 073
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.19
Excerpt: ...rance contract; (2) breach of implied covenant of good faith and fair dealing; (3) violation of California Insurance Code section 790, et seq.; (4) violation of California Business and Professions Code section 17200; and (5) fraud. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respo...
2021.08.19 Motion for Summary Adjudication 895
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.19
Excerpt: ... DENIED otherwise. Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On December 18, 2018, Plaintiffs ART Reproductive Center, Inc. (“ART”) and Advanced Reproductive Technologies of Santa Barbara, LLC (“ART SB”) filed a Complaint against Defendants Embryonics, Inc. and David Hill, M.D. (“Defendants” herein) stating causes of action for aiding ...
2021.08.19 Motion for Approval of PAGA Settlement 427
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.19
Excerpt: ...easonable attorney's fees and costs, and settlement administrator's fees. Settlement of PAGA claims requires court approval. (Labor Code sec. 2699(l)(2) (“The superior court shall review and approve any settlement of any civil action pursuant to” PAGA.)) However, “[n]either the California legislature, nor the California Supreme Court, nor the California Courts of Appeal, nor the California Labor & Workforce Development Agency (‘LWDA') has...
2021.08.18 Motion to Compel Further Responses 509
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.18
Excerpt: ...Further Responses to the Requests for Production and Form and Special Interrogatories without objection within 30 days of this Order. The Court imposes monetary sanctions of $1,934.95 jointly and severally against Defendant and counsel of record. Plaintiff to give notice. The parties are encouraged to appear remotely via LA Court Connect rather than in person. BACKGROUND On April 7, 2020, Plaintiff Wardell Maurice Tinsley filed a Complaint agains...
2021.08.17 Demurrer 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.17
Excerpt: ...of contract claim; SUSTAINED WITH LEAVE TO AMEND as to the fraud, negligent misrepresentation, promissory estoppel, reformation, and financial elder abuse claims; and OVERRULED as to the promissory estoppel claim. Escalate's Demurrer is OVERRULED. Defendant shall file a First Amended Cross-Complaint within 25 days of this Order remedying the identified defects. Defendant to give notice. If counsel do not submit on the tentative, they are strongly...
2021.08.16 Motion to Quash Subpoena 647
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.16
Excerpt: ...tely rather than in person. BACKGROUND On June 5, 2019, Madison Kaplan (“Madison”) 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 (“Randall”) on October 31, 2018.[1] On February 28, 2020, Gimelstob filed a Cross-Complaint against Randall Kaplan...
2021.08.12 Motion to Compel Deposition 613
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.12
Excerpt: ...ies shall submit the necessary materials for the MSC in accordance with CRC 3.1380(c). Kia to give notice. If the parties do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On January 29, 2020, Kin Nghiem filed a Complaint against Defendants Kia Motors America, Inc. ("Kia"), Kia of Downtown, and Does 1-20 stating causes of action under the...
2021.08.12 Motion for Leave to Amend 260
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.12
Excerpt: ...le the proposed Fourth Amended Complaint within 10 days of this Order. If the parties do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On September 29, 2020, Plaintiff Tenesshua Adams filed a Complaint against Defendants Pacific Villa, Inc., Glendora Grand, Inc., Centinela Grand, Inc., and Century Villa, Inc. (together “Defendants”),...
2021.08.11 Motion to Amend Judgment 898
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.11
Excerpt: ... tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On July 1, 2020, Plaintiffs David Reed and Connie Reed filed a Complaint against Defendants Cal. Homes Group, Inc., Eddie Salinas, and Does stating claims for breach of contract and fraudulent promise based on Defendants' nonperformance of a Stipulation for Settlement and Mutual Release of Claims entered into by the parties on January 10, 2020. Plainti...
2021.08.10 Motion to Compel Arbitration 197
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.10
Excerpt: ...own to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On May 20, 2020, Plaintiff Abel A. Betancourth Caceres filed a Complaint against Defendants Crown Building Maintenance Co., Able Building Services Group, Inc. and Does 1- 20 stating causes of action under the Labor Code for failure to pay wages, pay sick time, provide itemized wage and hour statements,...
2021.08.10 Motion for Judgment on the Pleadings 464 (2)
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.10
Excerpt: ...d with prejudice. The Motion is CONTINUED to November 2, 2021 for supplemental briefing as to whether the GCA applies to Counts I, III, V and VII (the federal USERRA claims) or is preempted. Plaintiff shall file a Supplemental Brief presenting her arguments on this point at least ten (15) days before the hearing. Any Response thereto shall be filed at least five (5) days before the hearing. The Supplemental Brief and Response shall not exceed twe...
2021.08.10 Demurrer 845
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.10
Excerpt: ...f counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID‐19 pandemic. BACKGROUND On December 30, 2020, Plaintiff SP Investment Fund I, LLC (“SPIF”) filed a Complaint against Defendant Fred F. Levinson and unnamed Does stating causes of action for breach of contract, conversion, and deceit (fraud) arising out of an agreement for Levinson to sell to SPIF a ...
2021.08.09 Motion for Relief from Court Order 796
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.09
Excerpt: ... LA Court Connect rather than in person in view of rising COVID-19 rates in L.A. County. BACKGROUND On October 29, 2019, Plaintiffs J&J Tax, Inc., Justin Young Raw Kim, and Jong Hyun Kim filed a Complaint against Defendants Universal CPA, Inc., Do Kyun Kim, and Does 1-10, stating causes of action for fraud, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing, seeking damages and unspecified injunctive relie...
2021.08.06 Motion for Summary Adjudication 371
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.06
Excerpt: ...hey are encouraged to appear remotely 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, ...
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 ...
2021.08.05 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 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 Motion to Strike or Tax Costs, for Attorney Fees 223
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.08.05
Excerpt: ...881.60 in attorney's fees. Plaintiff is entitled to costs and expenses of $8,831.28 after taxing $1,424.65 in costs. Plaintiff to give notice and submit a Proposed Judgment consistent with the same. 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 December 28, 2018, Plaintiff Sandra Maldonado filed a Complaint against Kia Mot...
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 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...
2021.07.27 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 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...

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