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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...
2021.07.14 Demurrers 280
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.14
Excerpt: ...plaint within 20 days of this Order. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely rather than in person BACKGROUND On December 10, 2020, Plaintiffs Sherry Panahi, Christine Panahi, and Mary Kazemi filed a Complaint for declaratory relief against Defendants Automobile Club of Southern California (“AAA”), California Insurance Guarantee Association (“CIGA”), and Does 1-...
2021.07.14 Motion for Protective Orders, to Compel Further Responses 580
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.14
Excerpt: ...St. Johns is DENIED WITHOUT PREJUDICE. The Motion to Compel Further Responses is GRANTED as to Requests for Production 1 through 5 and 9 through 12, but DENIED as to Requests for Production 6 through 8. Middleton to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 28, 2019, Plaintiffs John Middleton and The John Powers Middleton Companies, LLC (“JPMC”) f...
2021.07.14 Motion to Compel Further Responses 488
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.14
Excerpt: ... days of this Order. The Motion to Compel Further Responses to Requests for Production is CONTINUED to September 14, 2021 pending further meet and confer efforts. The parties' Joint 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. BACKGROUND On August 28, 2019, Plaintiff Patsy A. Johnson filed a Co...
2021.07.13 OSC Re Contempt 251
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.13
Excerpt: ...remotely by LA Court Connect rather than in person. BACKGROUND On February 27, 2020, Plaintiff People of the State of California (“the People”), by and through the commissioner of business oversight, filed a Complaint against Defendants GoNow Securities, Inc. (“GoNow”), Felix Ajegbo (“Ajegbo”), and Does 1 through 10 for violations of Corp. Code sec. 25210 and 25232.2 seeking injunctive relief and civil penalties. On March 27, 2020, th...
2021.07.13 Demurrer 231
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.13
Excerpt: ...ond Amended Complaint within 25 days of this Ruling. Plaintiffs 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 June 4, 2020, Plaintiffs Xu Hai, Fangyu Huang, and Kangying, LLC (“Plaintiffs”) filed a Complaint against Defendants Alec Amar, Michel Amar, Nyam, LLC, BIT Management, Multiple Application Technology, LLC (“Defendants”) and unnamed ...
2021.07.12 Request for Default Judgment 761
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.12
Excerpt: ...h of contract, waste, and money due and owing. Plaintiff alleges she is the owner of certain commercial real property and alleges she leased one unit to Melgren for "use as a machine shop and for storage." Plaintiff alleges Melgren's machine shop business "deteriorated" and alleges Melgren "allowed the [unit] to be used by other individuals for purposes" other than the machine shop business without Plaintiff's consent. Plaintiff alleges Melgren's...
2021.07.12 Motion for Approval of PAGA Settlement 852
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.12
Excerpt: ...o, Jr. filed a Complaint against Defendants Seidner- Miller, Inc., Seidner-Miller Automotive, Inc. (together “Defendant”) and Does 1-100, stating a cause of action under the Private Attorney General Act ("PAGA") as an aggrieved employee representing other aggrieved employees of Seidner-Miller. The relevant period for PAGA violations is July 22, 2019 through the present. On July 17, 2021, Plaintiff filed a Motion for Approval of PAGA Settlemen...
2021.07.08 Request for Default Judgment 699
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.08
Excerpt: ...tember 17, 2021 at 8:30 a.m. in Department 20 of Stanley Mosk Courthouse. Plaintiff to give notice. BACKGROUND On November 13, 2020, Plaintiff U.S. Foods 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 valu...
2021.07.08 Motion for Leave to Amend Answer 890
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.08
Excerpt: ... not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On February 19, 2020, Plaintiff Jessica Martinez filed a Complaint against Defendants Saint John's Evangelical Lutheran Church of the Unaltered Aubsburg Confession of Montebello (“Defendant”) and Does 1-50, stating a cause of action for premises liability arising out of an injury sustained on Defendant's property while performing a pest cont...
2021.07.07 Motion for Trial Preference 420
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...are authorized to reserve a hearing for a Motion for Summary Judgment one to two weeks before trial. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On April 30, 2021, Plaintiff Dorothy Grant filed a Complaint against Defendants Shlomo Rechnitz, Rockport Administrative Services, LLC (“Rockport”), Pomona Nursing and Healthcare Centre, LLC and Pomona H...
2021.07.07 Demurrer 232
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...egligence claim. Defendants 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 or about February 2009, Plaintiff Fisher entered into a lease agreement (the “Lease”) with Defendants. The Lease provided a 12-month term continuing on a month-to-month basis. On or about August 1, 2015, Fisher left Defendants' apartment complex due to health and habitabi...
2021.07.07 Motion to Compel Arbitration 484
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...n the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On February 17, 2021, Plaintiff Vanessa Isabel Gallegos filed a Complaint against Defendants Ford Motor Company (“Ford”), Ford of Montebello and Does 1-10, stating causes of action for breach of warranty, fraudulent inducement, and Song-Beverly Act violations arising out of Plaintiff's lease of a 2018 Ford Fusion from Ford of Montebello. On Ap...
2021.07.07 Motion to Compel Deposition and Responses 215
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.07
Excerpt: ...ppear remotely rather than in person. BACKGROUND On October 11, 2018, Plaintiff David Kamrava filed a Complaint against Defendants FCA US, LLC ("Defendant" herein), Scott Robinson Chrysler Dodge Jeep Ram and Does 1-10, stating causes of action under the Song-Beverly Act. On November 12, 2018, Plaintiff noticed the deposition of Defendant's person most qualified for December 3, 2018. (Abdolhosseini Decl., para. 21, Exh. 4.) On November 29, 2018, D...
2021.07.02 Motion for Summary Adjudication 681
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.02
Excerpt: ...e Motion for Summary Adjudication is also GRANTED as to the connected prayer for punitive damages. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On June 28, 2019, Plaintiff Khajid Hurst filed a Complaint against Defendants Lancaster Hospital Corporation dba Palmdale Regional Medical Center ("PRMC"), Gannat Kilali (sued as Janet Jalili), and Does 1-50, ...
2021.07.01 Motion for Anti-SLAPP Attorney Fees 811
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.01
Excerpt: ...ouraged to appear remotely by LA Court Connect rather than in person. BACKGROUND On October 30, 2020, Plaintiffs Lakeside Medical Organization, Inc. and Regal Medical Group, Inc. filed a Complaint against Defendants Jonathan Nissanoff, M.D., Advanced Orthopedic Center, Inc. (“AOC”), and Does 1-25, stating claims for fraud, unjust enrichment, and unfair business practices, seeking declaratory, injunctive, and monetary relief. The action was fi...
2021.07.01 Motions for Choice of Law, Applications to Appear Pro Hac Vice 334
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.07.01
Excerpt: ...ENIED. The Applications to Appear Pro Hac Vice are GRANTED. Non‐Appearance Case Review Re: Annual Payment of Pro Hac Vice Fee for Perry Craft and Non‐Appearance Case Review Re: Annual Payment of Pro Hac Vice Fee for Matthew Wright are scheduled for July 1, 2022 at 3:00 PM in Department 20 of Stanley Mosk courthouse. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely by LA Court Connect ...
2021.06.30 Motion to Compel Further Responses, Deposition 402
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.30
Excerpt: ...d 34. The Motion is DENIED as to SROGs 22, 23, 24, 43 and 55. The Motion to Compel Deposition Attendance and Production of Documents is GRANTED IN PART as to questions left unanswered at Kenneth West's deposition and DENIED IN PART as to the requests for production of documents. Plaintiff to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On March 3, 2020, Plaintiffs...
2021.06.30 Motion for Leave to File SAC 982
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.30
Excerpt: ... appear remotely rather than in person. BACKGROUND On February 1, 2019, Plaintiff Jerome Williams, in pro per, filed a Complaint against Defendant Wassen Elshaied, stating causes of action for general negligence, premises liability, and intentional tort, alleging Defendant “failed to make timely repairs” to Plaintiff's restroom and engaged in retaliatory eviction once Plaintiff complained. Plaintiff also alleged he suffered “a slip and fell...
2021.06.30 Demurrer 809
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.30
Excerpt: .... Maxwell shall file a First 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 by LA Court Connect rather than in person. BACKGROUND On February 5, 2021, Plaintiff Shelly Maxwell filed a Complaint against Los Angeles Unified School District (“LAUSD”) and Does 1-100, stating causes of action for wrongful termination in violation of public policy, d...
2021.06.29 Motion to Seal 809
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.29
Excerpt: ... than in person. BACKGROUND On February 13, 2018, Plaintiff Esplanade Productions, Inc. filed a Complaint against Defendants The Walt Disney Company (“TWDC”), Disney Enterprises, Inc., Walt Disney Pictures (“WDP”), ABC, Inc., Buena Vista Home Entertainment, Inc., Disney Consumer Products, Inc., Disney Consumer Products and Interactive Media, Inc., Disney Book Group, LLC, Buena Vista Books, Inc., Disney Interactive Studios, Inc., Disney St...
2021.06.29 Motion for Protective Order 956
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.29
Excerpt: ...16, 2021 at 8:30 a.m. The examination of Nasrin Barkhordari is set for August 16, 2021 at 8:30 a.m., consistent with the date proposed by Nejat. Kohan 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 March 16, 2012, Pacifica L 39 LLC filed a Complaint against Defendants Hormoz Abdolhosein aka Hormoz Ramy, Nejatollah Kohandarvish aka Nejat Kohan (“Ne...
2021.06.29 Demurrer, Motion to Strike 432
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.29
Excerpt: ...do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On August 4, 2020, Plaintiff Francisco Salazar filed a Complaint against Defendants Bio-Nutraceuticals, Inc. (“BNI”), Gerald Farris, Manny Gomez, Jamie Maldonado, and unnamed Does, stating claims for breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful termination against public policy, intentional in...
2021.06.25 Anti-SLAPP Motion 833
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.25
Excerpt: ...y 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 Does 1-100. The Complaint asserts causes of action for quantum meruit and declaratory relief arising out of services rendered during legal representation of Defendant Aposhian in an underlying action. On Ma...
2021.06.25 Motion to Amend Complaint and Answer 799
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.25
Excerpt: ...to Amend are DENIED. Defendant to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On November 11, 2017, Plaintiff Kayvan Setareh (as Trustee of Pacific Capital Trust) filed a Complaint against Defendants Monterey Bay View Estates, LLC (“Monterey”), South Bay Contractors, Inc. (“South Bay”), Avraham Hassid, Mike Amidnamin, and Does 1-25, stating claims for bre...
2021.06.25 Motion to Strike or Continue Motion for Summary Judgment 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.25
Excerpt: ...mary Judgment is CONTINUED to September 17, 2021 at 8:30 a.m. in Department 20. Plaintiffs to give notice. If counsel do not submit on the tentative, 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 Gabrie...
2021.06.23 Motion for Charging Order 956
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.23
Excerpt: ...appear by LA Court Connect rather than in person. BACKGROUND On March 16, 2012, Pacifica L 39 LLC filed a Complaint against Defendants Hormoz Abdolhosein aka Hormoz Ramy, Nejatollah Kohandarvish aka Nejat Kohan (“Nejat”); Saeid Kohandarvish aka Sid Kohan (“Sid”); Massoud Ramiaka aka Massoud Ramy aka Mike Ramy; Palm Plaza Partnership; and unnamed Does. Pacifica stated claims for breach of commercial guaranties, seeking to set aside certain...
2021.06.23 Demurrer 696
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.23
Excerpt: ...tiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to remotely appear via LA Court Connect rather than in person. BACKGROUND On May 8, 2020, Plaintiff Tires Direct, Inc. filed a Complaint against Defendants Magna Tyres USA LLC, Magna Tyres Canada LTD, Magna Tyres World B.V, and Does 1-50, stating causes of action for breach of contract, negligent and intentional interference with prospective economic adva...
2021.06.23 Motion to Quash Service of Summons 894
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.23
Excerpt: ... BACKGROUND On March 5, 2021, Plaintiff Kevin Jeffers filed a COmplaint against Defendants Joseph Choi, Chris Sedlak, Clayton Nishikawa and Does 1-25, stating causes of action for breach of contract and declaratory relief. On April 30, 2021, Defendant Nishikawa filed a Motion to Quash Service of Summons. DISCUSSION Applicable Law CCP § 418.10(a) provides that: “A defendant, on or before the last day of his or her time to plead or within any fu...
2021.06.22 Motion to Compel Arbitration 383
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.22
Excerpt: ... on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On January 15, 2021, Plaintiffs Expo-Bach, LLC and Expo-CT, LLC filed a Complaint against Defendants Jacob Zacuto (“Zacuto”), Zacuto Group, Inc. (“Zacuto Group”), and Does 1-10, stating causes of action for fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, negligence and breach of fiduciary duty. On March 26, 2021, ...
2021.06.22 Demurrer, Motion to Strike 865
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.22
Excerpt: ...d Amended Complaint within 25 days of this Order. The Motion to Strike is GRANTED WITH LEAVE TO AMEND. 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 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”),...
2021.06.18 Motion to Compel Deposition 982
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.18
Excerpt: ...s of $2,511.65 jointly and severally against Defendant and counsel, to be paid within 30 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 24, 2019, Plaintiff Jerome Williams filed a First Amended Complaint (“FAC”) against Defendants Wassen Elshaied and Does 1-25, stating causes of action for general negligence, premises lia...
2021.06.18 Motion for Summary Adjudication 031
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.18
Excerpt: ...e CONTINUED to September 23, 2021 at 8:30 a.m. pending the deposition of Dr. Pietruzska. Any Supplemental Response addressing the deposition from either side shall be filed at least five days before the hearing. Veterans Rideshare 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, Plaintiff William Ysaguirre (“Decedent”), filed a form complaint ...
2021.06.17 Motion for Leave to File Amended Answer 087
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.17
Excerpt: ...hin 10 days of this Order. The Court sets a hearing re: service of the cross‐complaint for August 17, 2021 at 8:30 a.m. in Department 20. Canedo's Motion for Leave is DENIED WITHOUT PREJUDICE. Hospital Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. ANALYSIS Canedo and the Hospital Defendants [1] each filed separate, but largely identical Motions for Leave to Fi...
2021.06.16 Motion to Compel Further Responses 270
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.16
Excerpt: ...aintiff and Plaintiff's counsel, payable to the City's counsel within 30 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 March 12, 2019, Plaintiff Linda Fisher, an employee at the Parks and Recreation Department of the City of Los Angeles, filed a sexual orientation harassment complaint with Defendant City of Los Angeles's Equal Em...
2021.06.16 Demurrer 079
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.16
Excerpt: ... contract claims. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fraud claim to the extent it arises from representations in the lease. The Demurrer is otherwise SUSTAINED WITH LEAVE TO AMEND to the fraud claim to the extent it is based on other representations. Defendants/Cross-Complainants shall prepare and file a First Amended Cross-Complaint within 25 days of this Order. Defendants/Cross-Complainants to give notice. If counsel do ...
2021.06.15 Demurrer, Motion to Strike 564
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.15
Excerpt: ...ty claims. The Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the fraudulent omission claim. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the negligent repair claim. The Motion to Strike is GRANTED WITH LEAVE TO AMEND as to the prayers for punitive damages and civil penalties, and GRANTED WITHOUT LEAVE TO AMEND as to the prayer for prejudgment interest. Plaintiffs shall prepare and file a First Amended Complaint within 25 days of this ...
2021.06.15 Anti-SLAPP Motion 888
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.15
Excerpt: ... On January 27, 2011, Plaintiffs Dr. Jay Calvert and Jay Calvert, M.D., Professional Corporation (together “Calvert”) filed a Complaint against Does 1-25, stating claims for defamation, trade libel, libel per se, false light, and intentional and negligent interference with prospective economic advantage arising out of the publication of an allegedly defamatory report on ripoffreport.com by an anonymous user under the pseudonym “Ann” on Oc...
2021.06.15 Motion for Leave to File Amended Complaint 647
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.15
Excerpt: ...separate cover within 10 days of this ruling. The Court sets a hearing re: service of the cross‐complaint for August 16, 2021 at 8:30 a.m. in Department 20. Gimelstob to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. ANALYSIS Applicable Law A “motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party i...
2021.06.15 Motion for Protective Order and Reopen Discovery 542
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.15
Excerpt: ... DENIED WITHOUT PREJUDICE. The Motion for Protective Order 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 the COVID-19 pandemic. 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 Va...
2021.06.09 Demurrers 052
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.09
Excerpt: ...ponding Party: Plaintiff Zarabian Notice: OK Ruling: The Demurrers filed by Zanna USA Holdings, Zanna USA 2SB Holdings, Zanna USA 3 Holdings, Zanna USA 4 Holdings, Zanna USA 5 Holdings, and J&S Southern Leasing Group (aka Zanna USA, Inc.) are SUSTAINED WITH LEAVE TO AMEND as to the causes of action for unjust enrichment, money had and received, accounting, and promissory estoppel. Kohanarieh's Demurrer is OVERRULED as the breach of contract, brea...
2021.06.04 Motion to Compel Deposition 985
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.04
Excerpt: ...onetary sanctions of $1,635.00 jointly and severally against Duran and counsel, to be paid within 30 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 the COVID-19 pandemic. BACKGROUND On December 20, 2019, Plaintiffs Maria Duran and the Gary Rand & Suzanne E. Rand-Lewis PLCs (“Plaintiffs”) filed a Complaint agai...
2021.06.03 Motion to Compel Arbitration 484
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.03
Excerpt: ... before the hearing. The case continues to be stayed pending resolution of the Motion to Compel Arbitration. 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 the COVID-19 pandemic. BACKGROUND On February 17, 2021, Plaintiff Vanessa Isabel Gallegos filed a Complaint against Defendants Ford Motor Company (“Ford”), Ford of Montebello a...
2021.06.03 Demurrer 802
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.06.03
Excerpt: ... 2020, Plaintiff Maribel Leon filed a Complaint against Penny Lane Centers and Does 1- 20, stating causes of action under FEHA for discrimination, retaliation, failure to prevent the same, failure to accommodate, and failure to engage in the interactive process; causes of action for discrimination and retaliation based on taking sick leave; causes of action for violations of the Labor Code (denial of meal and rest breaks, minimum wage, overtime c...
2021.05.26 Motion to Compel Arbitration 775
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.26
Excerpt: ... 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 October 8, 2020, Plaintiff Edgar Mercado filed a Complaint against Defendants Smart & Final LLC; Smart & Final Stores LLC; Commerce Distribution Company LLC; Smart & Final, INc.; SF CC Intermediate Holdings, Inc.; Eddie Sagasuto; Damien Diaz; Efren Unknown; Veronica Unknown; and Does 1-100. The Complaint...
2021.05.25 OSC Re Default Judgment 490
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.25
Excerpt: ...:30 a.m. in Department 20 of Stanley Mosk Courthouse. Plaintiff to give notice. BACKGROUND On January 13, 2020, Plaintiff BMO Harris Bank N.A. filed a 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...
2021.05.24 OSC Re Default Judgment 321
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.24
Excerpt: ...19, Plaintiffs Rene Aguero and Computer Institute of Technology (“CIT”) filed a Complaint against Defendant Gustavo Lopez and Does, stating claims for breach of contract, fraud, unfair business practices, and intentional interference with prospective economic advantage arising out of Lopez's operation of the Tujunga branch location for CIT. Plaintiffs sought damages “in the amount of $638,668 or more,” injunctive relief, disgorgement, and...
2021.05.24 Motion to Vacate Order Compelling Arbitration, for Sanctions 111
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.24
Excerpt: ... of $3,311.65 on Defendant Kittrich Corporation, to be paid to the office of Plaintiff's counsel within 30 days of this Order. Plaintiff to give notice. If the parties do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On July 2, 2020, Plaintiff Diana Miranda filed a Complaint against Defendant Kittrich Corporation, asserting causes of action for wrongful termination and several causes of acti...
2021.05.24 Motion to Deem Facts Admitted 731
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.24
Excerpt: ...counsel within 30 days of this Order. JEG 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 February 15, 2019, Mina Salib filed a Complaint against Defendants Jacobs Engineering Group ("JEG"), Tom Gipe, Frank Tinsley, and Does 1-50. On February 1, 2021, JEG propounded a set of Requests for Admission on Plaintiff. Responses were due by March 8, 2021. (C...
2021.05.21 Motion for Sanctions 141
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.21
Excerpt: ...nt with the September 24, 2020 Order. The Court imposes monetary sanctions of $3,018.91 jointly and severally on GM and its counsel, to be paid to the office of Rocha's counsel 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 c...
2021.05.20 Motion to Quash 744
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.20
Excerpt: .... BACKGROUND On December 8, 2020, Plaintiff Shyjuanna Collins filed a Complaint against Defendants Target Corporation, Michael Valentino, Margot Urey, Norma Lara, and Does 1-50, stating causes of action for race and national origin discrimination, disability discrimination, failure to accommodate the disability, failure to engage in the interactive process, retaliation or unlawful denial of CFRA leave, FEHA retaliation, FEHA harassment, failure t...
2021.05.12 Demurrer, Motion to Tax Costs 985
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.12
Excerpt: ... SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file a Second Amended Complaint within twenty days of this Order. The Motion to Tax Costs in BC679057 is GRANTED. The Court allows reduced costs of $1,029.27. 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 the COVID-19 pandemic. BACKGROUND On October 10, 2017, Plaintiff Maria Duran fil...
2021.05.12 Demurrer, Motion to Tax Costs 057
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.12
Excerpt: ...STAINED WITH LEAVE TO AMEND. Plaintiffs shall file a Second Amended Complaint within twenty days of this Order. The Motion to Tax Costs in BC679057 is GRANTED. The Court allows reduced costs of $1,029.27. 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 the COVID-19 pandemic. BACKGROUND On October 10, 2017, Plaintiff Maria Duran filed ...
2021.05.11 Motion to Compel Further Responses 623
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.11
Excerpt: ...GRANTED IN PART AND DENIED IN PART as to Defendants GCI, GCU, McLachlan, and Marsh USA. Defendants are ordered to provide separate responses without objection within 30 days of this Order to: Form Interrogatory 17.1; Special Interrogatories 1-6 and 10; Requests for Admission 2-19, 23- 24, and 26-72; and Requests for Production 1-6, 9-10, and 12- 24. The Motions are otherwise DENIED as to Form Interrogatory 12.1 and Special Interrogatory 8. Plaint...
2021.05.06 Motion for Summary Judgment 810
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.06
Excerpt: ...breach of the implied covenant of good faith and fair dealing. The Motion for Summary Judgment is GRANTED as to the causes of action for breach of an implied-in-fact contract and FEHA retaliation. 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 the COVID-19 pandemic. BACKGROUND On March 9, 2020, Plaintiff Leonard Benson filed a Second...
2021.05.05 Motion to Stay 062
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.05
Excerpt: ...by LA Court Connect in view of the COVID-19 pandemic. BACKGROUND In 2012, Plaintiff William West and Defendant Joseph Grillo co-founded Defendant Access Control Related Enterprises, LLC (“ACRE”). West served as ACRE's CFO and COO. On June 3, 2013, West, ACRE, Quicksilver Holdings, Inc., Mercury Security Products, LLC, and other parties signed the Contribution and Purchase Agreement (“CPA”). The parties concurrently executed several other ...
2021.05.05 Demurrer, Motion to Strike 555
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.05
Excerpt: ...ke is DENIED. Tanmon to give notice. If counsel do not submit on the tentative, they are strongly encouraged to remotely appear via LA Court Connect rather than in person. BACKGROUND On September 2, 2020, Plaintiff 19310 Soledad Canyon Investments, LLC (“SCI”) filed a Complaint against Defendants Tanmon, Inc., James Tanner, and Does 1-10, stating a breach of contract claim arising out of the parties' written lease agreement (the “Written Le...
2021.05.04 Motion to Determine Claim of Exemption 713
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.04
Excerpt: ...mental brief and supplemental evidence regarding earnings and necessary expenses supporting his claim of exemption at least ten (10) days before the hearing. Any Response thereto shall be filed at least five (5) days before the hearing. The Supplemental Briefs shall not exceed twelve pages. Herbert to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect rather than in person. ...
2021.05.04 Motion for Summary Judgment 661
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.04
Excerpt: ...A Court Connect rather than in person in view of the COVID-19 pandemic. BACKGROUND On February 15, 2017, Plaintiff NCC Construction, Inc. filed a Complaint against Defendants John C. Lukes and Kathryn A. Lukes (“the Lukes”), and Does 1-20, stating causes of action for breach of contract, open-book account, account stated, and reasonable value. On October 16, 2017, the Lukes filed a First Amended Cross-Complaint ("FACC") against NCC Constructi...
2021.05.04 Motion for Attorney Fees 847
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.04
Excerpt: ...C (“C&S”) for breach of contract arising out of nonpayment of goods delivered by P&C. On May 30, 2017, the Court of Treviso issued an order for C&S to pay P&C €108,971.64 in addition to €405.60 in out-of-pocket expenses, €2,135.00 in compensation, and applicable taxes (the “Payment Order”). The Payment Order provided C&S sixty days to file an opposition after which the Italian court would proceed with “forced execution” if no op...
2021.05.03 Request for Default Judgment 321
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.05.03
Excerpt: ...of Stanley Mosk Courthouse. Plaintiffs to give notice. BACKGROUND On April 17, 2019, Plaintiffs Rene Aguero and Computer Institute of Technology (“CIT”) filed a Complaint against Defendant Gustavo Lopez and Does, stating claims for breach of contract, fraud, unfair business practices, and intentional interference with prospective economic advantage arising out of Lopez's operation of the Tujunga branch location for CIT. Plaintiffs sought dama...
2021.04.29 Request for Default Judgment 157
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.29
Excerpt: ...Farm to give notice of this Order and Judgment. ANALYSIS CCP § 585 permits entry of a judgment after a defendant's default has been entered. CRC Rule 3.1800(a) requires a party seeking default judgment by court judgment must file a Request for Court Judgment (Form CIV-100) and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memoran...
2021.04.22 Demurrer, Motion to Strike 664
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.22
Excerpt: ... and elevator and plumbing repair charges. The Motion is otherwise DENIED. 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 the COVID-19 pandemic. BACKGROUND On September 25, 2020, Plaintiff LA Tour 5800, Inc. (“LAT”) filed a Complaint against Defendants EE Health Management, Inc. (“EEHM”) and Does 1-100, stating causes of actio...
2021.04.22 Motion for Summary Judgment 261
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.22
Excerpt: ...strongly encouraged to appear remotely by LA Court Connect rather than in person. BACKGROUND On September 19, 2017, Plaintiffs White Water Funding, LLC (“White Water”) and Dgade of Delaware, LLC (“Dgade”) filed a Complaint against TVD LLC, Sam Shakib, and unnamed Does stating claims for breach of contract, breach of fiduciary duty, breach of guaranty, and rescission derivatively on behalf of Sullivan Equity Partners, LLC (“Sullivan”)....
2021.04.22 Motion for Protective Order 605
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.22
Excerpt: ...ifically seek communications with attorneys regarding legal services in connection with the Project and Petition. The Motion is otherwise DENIED. The Request for Sanctions is DENIED. Ocean Avenue 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 2, 2020, Santa Monica Bay Towers Homeowners Association (...
2021.04.22 Request for Default Judgment 898
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.22
Excerpt: ...led 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. Plaintiffs sought “damages in the sum of $15,000” for the breach of contract and “general damages . . . in no event to be less than $75,000” plus puniti...
2021.04.20 Request for Default Judgment 672
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.20
Excerpt: ... filed a First Amended Complaint (“FAC”) against Defendant Lloyd Dix and Does 1-20, stating a claim for legal malpractice “damages . . . in excess of $3,000,000.00” and “costs of suit.” On January 19, 2021, default was entered against Defendant Dix. On April 2, 2021, Plaintiff filed a request for entry of default judgment against Dix in the amount of $ $3,000,435.00. Plaintiff voluntarily dismissed the Doe defendants. ANALYSIS CCP § ...
2021.04.20 Motion to Tax Costs 295
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.20
Excerpt: ...submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect rather than in person. BACKGROUND In February 2007, Defendant Woodward HRT, Inc. (“Woodward”) hired Plaintiff John Iweze (“Iweze”) as an assembler and tester of auto brakes and actuators. In December 2014, Iweze began to suffer from back and neck pain. In January 2015, Iweze was placed on intermittent medical leave for treatment of his pain. Iweze...
2021.04.20 Anti-SLAPP Motion 888
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.20
Excerpt: ...ressing the arguments raised in Albinali's Motion and Reply regarding mandatory dismissal for failure to comply with CCP section 583.210. Albinali shall then file a Supplemental Response at least five days before the hearing addressing the same. The supplements shall not exceed 15 pages. The Court does not authorize further discovery; the anti-SLAPP discovery stay remains in place. Calvert to give notice. BACKGROUND On January 27, 2011, Plaintiff...
2021.04.19 Request for Default Judgment 167
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.19
Excerpt: ... execution within 5 days of this Order. BACKGROUND On October 31, 2019, Plaintiffs Beijing Forever Young Biotech Co. Ltd. (“Forever Young”), Beijing Lifecell Science & Technology Dev. Co. Ltd. (“Lifecell”), and Inheritor Cell Technology (USA) Inc. (“ICT”) (together “Plaintiffs”) filed a Complaint against Defendant Zanjia Yiu (AKA Kevin Yu) and Does, stating claims for conversion, embezzlement, fraud, tortious interference with pro...
2021.04.19 OSC Re Default Judgment 280
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.19
Excerpt: ... at 8:30 a.m. in Department 20 of Stanley Mosk Courthouse. Plaintiff to give notice. BACKGROUND On August 18, 2020, Plaintiff Creditors Adjustment Bureau, Inc. (“CAB”) filed a Complaint against Defendants 4M Distributions, Inc., 4M Pharmaceuticals, LLC, 4M Diabetic Plus, Inc., and Does 1-10, stating claims for breach of contract, open book account, account stated, and reasonable value seeking XYZ. The Complaint alleged that the Assignor, EFax...
2021.04.06 Demurrer, Motion to Strike 828
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.06
Excerpt: ... WITH LEAVE TO AMEND as to the prayer for punitive damages. Plaintiff shall file a First Amended Complaint within 20 days of this Order. Defendant 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 December 22, 2020, Plaintiffs Juan Bautista and Karl Flores filed a Complaint against Defendants General Motors LLC...
2021.04.05 Motion to Consolidate 061
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.04.05
Excerpt: ... this time. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect rather than in person. BACKGROUND On March 3, 2020, Evon Halaka filed an unlawful detainer complaint against iFUEL, Inc., Artashes Yepremyan, Hovanes Yepremyan and Does 1-10 in the Norwalk courthouse (case no. 20NWUD00455). Halaka alleged that on January 29, 2013, Halaka and Defendants entered into ...
2021.03.25 Demurrer, Motion to Strike 933
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.03.25
Excerpt: ...rike is GRANTED IN PART WITHOUT LEAVE TO AMEND as to the references to “all” Defendants in the prayers for injunctive relief. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On November 3, 2020, John J. Menchaca, as Chapter 7 Trustee for the Bankruptcy Estate of In re James P. Hefner and Annali...
2021.03.23 Motion for Leave to Intervene, for Discovery Sanctions 031
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.03.23
Excerpt: ...sed Answer in Intervention within 10 days of this Order per the requirements of CCP § 387(e). The Court requires input from the parties regarding the March 11, 2021 mediation. Atlantic to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect rather than in person. BACKGROUND On July 20, 2018, Plaintiff William Ysaguirre (“Decedent”), filed a form complaint against NEMT Sol...
2021.03.23 Motion to Dismiss PAGA Claim 566
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.03.23
Excerpt: ...Court Connect rather than in person. BACKGROUND On March 23, 2020, Plaintiff Jorge Cruz Ramirez filed a Complaint against Defendants Baker's Kneaded, LLC (“Kneaded”) and Does 1 through 20, stating causes of action for failure to pay wages, failure to provide itemized wage statements, failure to provide meal and rest periods, waiting time penalties, retaliation, wrongful termination in violation of public policy, unfair competition, and a caus...
2021.03.23 Motion to Quash, for Sanctions 446
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.03.23
Excerpt: ...trongly encouraged to appear by LA Court Connect rather than in person in view of the COVID‐19 pandemic. BACKGROUND On April 10, 2019, Plaintiff Matthew Todd filed a Complaint against Defendants American Legalnet, Inc. (“ALN”) and Does 1 through 20, stating causes of action for wrongful termination in violation of wrongful policy and for discrimination, failure to prevent discrimination, sexual harassment, retaliation, failure to accommodat...
2021.03.09 Application for Default Judgment 132
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.03.09
Excerpt: ...C re: Default Judgment is CONTINUED from March 9, 2021 to April 20, 2021 at 8:30 a.m. in Department 20 of Stanley Mosk Courthouse. Dark Rift to give notice. DISCUSSION CCP § 585 permits entry of a judgment after a defendant's default has been entered. CRC Rule 3.1800(a) requires a party seeking default judgment by court judgment must file a Request for Court Judgment (Form CIV-100) and: (1) a brief summary of the case; (2) declarations or other ...
2021.03.08 Request for Default Judgment 483
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.03.08
Excerpt: ...s to give notice. DISCUSSION CCP § 585 permits entry of a judgment after a defendant's default has been entered. CRC Rule 3.1800(a) requires a party seeking default judgment by court judgment must file a Request for Court Judgment (Form CIV-100) and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursemen...
2021.02.19 Motion to Compel Further Responses 809
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.19
Excerpt: ..., and 93 and Special Interrogatories 49, 61, and 62 to the extent the parties' disputes over those discovery requests were not resolved as set forth in the Joint Statement. The Motion to Seal is GRANTED IN PART as to Exhibits A, B-AA, and CC to the Howard Declaration. The Motion is DENIED IN PART as to Exhibit DD to the Howard Declaration. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear...
2021.02.19 Motion for Summary Judgment 703
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.19
Excerpt: ...his motion and granting judgment. PSC 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 May 21, 2019, Plaintiff Jennifer Harris filed a Complaint against Defendants Capri Urban Baldwin, LLC (“Capri”) and Does 1-50, stating a cause of action for general negligence on the theory of premises liability, allegin...
2021.02.11 Motion to Dismiss 251
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.11
Excerpt: ... are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID‐ 19 pandemic. BACKGROUND On February 27, 2020, Plaintiff People of the State of California (“the People”), by and through the commissioner of business oversight, filed a Complaint against Defendants GoNow Securities, Inc. (“GoNow”), Felix Enukezie Ajegbo (“Ajegbo”), and Does 1 through 10 for violations of Corp. Code sec. 25210 and 25232...
2021.02.10 Motion to Compel Further Responses 793
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.10
Excerpt: ... without objection are due within 20 days of this Order. The Court imposes monetary sanctions of $1,350 on Defendant IFB, to be paid to the office of Plaintiff's counsel within 30 days of this Order. Motion #2 is GRANTED. Responses without objection are due within 20 days of this Order. The Court imposes monetary sanctions of $2,400 on Plaintiff Perez and counsel, to be paid to the office of IFB's counsel within 30 days of this Order. Motion #3 i...
2021.02.09 Motion to Quash Subpoenas, to Strike 731
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.09
Excerpt: ...LEAVE as to the prayer for treble damages and otherwise DENIED. The Motion to Quash Subpoenas is GRANTED. 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. BACKGROUND On August 27, 2020, Plaintiff Brenda Smith filed a Complaint against Defendant Avanti Healthcare Holdings, LLC, Gardena Hospital, L.P., Gardena Hospital Management, LLC, Pipeline Hea...
2021.02.08 Motion to Vacate Dismissal 883
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.08
Excerpt: ... 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 July 1, 2020, Plaintiff Mojdeh Michelle Daneshrad in pro per filed a Complaint against Defendants Coldwell Banker Residential Brokerage Company, Raisa Ress, Gary Ress, Lissa Ress, William P. Crosby, Nick Danesh, and Does 1-10, stating claims for negligent misrepresentation, constructive ...
2021.02.02 Motion to Strike 218
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.02
Excerpt: ...n is DENIED as to the remaining allegations. Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On November 18, 2020, Plaintiff Mark Steven Rico filed a Complaint against Defendant Century Park Place Condominium Association and unnamed Does, stating claims for age and disability discrimination, failure to prevent discrimination, wrongful termination,...
2021.02.02 Motion for Determination of Good Faith Settlement 908
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.02.02
Excerpt: ...ettlement is GRANTED. 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. DISCUSSION Applicable Law The “intent and policies underlying section 877.6 require that a number of factors be taken into account” in determining good faith, “including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the a...
2021.01.26 Motion to Compel Arbitration 967
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.01.26
Excerpt: ...ot submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On June 10, 2020, Plaintiff Diante Madrid filed a Complaint against Defendant Michaels Stores, Inc., stating claims for discrimination, retaliation, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations, failure to engage in good faith interactive process, and wrongful termination in violation o...
2021.01.26 Motion to Compel Arbitration 471
Location: Los Angeles
Judge: Brazile, Kevin
Hearing Date: 2021.01.26
Excerpt: ...ot submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On July 14, 2020, Plaintiff Treeium Energy, Inc. filed a Complaint against Defendant Gladis Navarro, stating claims for breach of contract, foreclosure of mechanics lien and mechanics lien release bond, and quantum meruit arising out of an agreement to remodel Navarro's home. On October 23, 2020, Treeium filed a Motion to Compel Arbitra...

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