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1153 Results

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Location: Los Angeles x
Judge: Whitaker, Michael E x
2024.01.11 Motion for Reconsideration 930
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.11
Excerpt: ...). The Court granted Summary Judgment in Defendant's favor on the basis that the Plaintiff assumed the risk in agreeing to climb and trim the tree. (June 21, 2023 Minute Order.) Plaintiff moved for a new trial, which the Court denied, having found no irregularity in the court proceedings, abuse of discretion, error in law, or insufficiency of the evidence. (October 17, 2023 Minute Order.) Plaintiff now moves for reconsideration of the Court's ord...
2024.01.11 Motion for Leave to Amend Complaint 722
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.11
Excerpt: ...nt mistakenly alleges causes of action against Plaintiff's employer and supervisor, and mistakenly alleges that the owner of the property is Laterra Development, LLC.” (Ibid.) Plaintiff also seeks “to clarify the allegations against property owners 12575 Venice Investments LP and LT Building Corp.” (Ibid.) The Motion is unopposed. On December 12, 2023, the Court continued the hearing to permit Plaintiff to file a supplemental declaration in...
2024.01.10 Demurrer, Motion to Strike 452
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.10
Excerpt: ...loyment and Housing Act; (4) Violation of Civil Code § 51.9; (5) Breach of the Covenant of Quiet Enjoyment; (6) Negligence; (7) Statutory Breach of Warranty of Habitability (Civil Code §§ 1941 and 1941.1); (8) Tortious Breach of Implied Warranty of Habitability; (9) Violation of Business & Professions Code § 17200 et seq.; (10) Violation of Civil Code § 1942.4; (11) Violation of Civil Code § 1941.3; (12) Negligent Violation of Statutory Dut...
2024.01.08 Motion to Set Aside or Vacate Dismissal 829
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.08
Excerpt: ... discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in fav...
2024.01.08 Motion to Consolidate 312
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.08
Excerpt: ...een the two properties. Defendant moves to consolidate this case, Northwestern Engineering Co. v. Shemaria (Super. Ct. L.A. County, 2017, No. SC128312) with the case Northwestern Engineering Co. v. Shemaria (Super. Ct. L.A. County, 2022, No. SMCV00758) for all purposes. Plaintiff opposes the motion. ANALYSIS Code of Civil Procedure, section 1048, subdivision (a) provides: When actions involving a common question of law or fact are pending before ...
2024.01.08 Motion to Compel Compliance with Business Records Subpoena and Produce Docs 991
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.08
Excerpt: ...struction defects in Defendant Marmar Corning, LLC's (“Defendant”) adjoining building caused damage to Plaintiff's building. Before initiating litigation, Plaintiff hired third party consultants Soil Pacific, Inc. (“Soil Pacific”) and PSFEG, Inc. (“PSFEG”) to evaluate the damage. Also prior to initiating litigation, Plaintiff sent Defendant copies of the consultant reports. Defendants have served business record subpoenas on both Soil...
2024.01.05 Motion to Set Aside or Vacate Dismissal 862
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.05
Excerpt: ... procedure section 473 “includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying...
2024.01.05 Motion to Refer Matter to Judicial Reference and Stay Balance of Case 576
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.05
Excerpt: ...orm on Plaintiff's condominium. Plaintiff alleges WDR hired two separate subcontractors, Defendant Alireza Haghighat dba Anahita Construction (“Haghighat”) and Defendant Henry Rodrigo Sandoval Tejada dba All & One Construction (“Tejada”), who each did damage to Plaintiff's condominium unit, before all three Defendants abandoned the construction. WDR has filed cross-claims against the subcontractors for indemnity and contribution. WDR now ...
2024.01.05 Motion for Judgment on the Pleadings 099
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.05
Excerpt: ...ion against Defendant Ocean Park Healthcare LLC dba Ocean Park Healthcare (“Defendant”), alleging (1) Elder abuse and Neglect; (2) Violation of Resident Rights; (3) Negligence; and (4) Wrongful Death. Defendant now moves for judgment on the pleadings as to the first, second, and third causes of action for failure to state facts sufficient to constitute a cause of action. Plaintiffs filed an affirmative notice of non-opposition. LEGAL STANDARD...
2024.01.05 Demurrer 392
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.05
Excerpt: ... (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action are not alleged against Defendants Crawford & Company or William Ball (“Defendants”). Defendants demur to the third, fourth, fifth, and sixth causes of action on the grounds that they fail to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and...
2024.01.04 Motion to Set Aside or Vacate Default 839
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.04
Excerpt: ... against them on July 7, 2023. The Court twice previously continued the hearing on Plaintiff Suzanne Tito's (“Plaintiff”) October 5, 2023 Request for Default Judgment based on Defense Counsel's representations that a Motion to Set Aside the defaults was forthcoming. (See October 7, 2023 and November 13, 2023 Minute Orders.) On November 13, the Court advanced the hearing on the Request for Default Judgment and forthcoming Motion to Set Aside t...
2024.01.04 Motion for Summary Adjudication 498
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.04
Excerpt: ...cation; Memorandum of Points and Authorities 2. Declaration of Kirk D'Amico 3. Declaration of Robert Paredes 4. Notice of Lodging Exhibit 5, Exhibit 10, and Exhibit 14 conditionally under seal [1] 5. Request for Judicial Notice 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication OPPOSITION PAPERS: Defendants Infinity Films Holdings, LLC; Michael Ohoven; and Brandon Farm, LLC 1. Opposition to Motion for...
2024.01.03 Motion for Protective Order, for Monetary Sanctions 105
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.03
Excerpt: ...nt in his individual capacity and derivatively on behalf of nominal defendant, United Clinical Research, Inc. (“United”). Plaintiff brings this action against Defendant Matrix Clinical Research, Inc. (“Matrix”) and individual Defendants Faramarz Shamam, Peyman Banooni, and Stan Gershovich (the “Individual Defendants”) (collectively, “Defendants”). Plaintiff alleges Plaintiff and the Individual Defendants previously formed United, ...
2024.01.03 Motion for Leave to Amend 230
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2024.01.03
Excerpt: ... Common Count – Account Stated; (3) Conversion; (4) Failure to Pay Earned Wages; (5) Failure to Reimburse Business Expenses; and (6) Failure to Timely Pay Wages. Plaintiff moves for leave to file a second amended complaint. Defendants ABS Shoring, Inc.; AIM Development, Inc. dba Sol Construction, and George Soleimany aka Arash Soleimany (collectively, “Defendants”) oppose the motion, and Plaintiff replies. LEGAL STANDARD Amendments to Plead...
2023.12.19 Motions to Compel Further Responses 855
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.19
Excerpt: ...t against Defendants Wilshire Regent Association, Inc. (“Wilshire”) and Charles Eiser (“Eiser”) (collectively, “Defendant”) claims for (1) Breach of Fiduciary Duty; (2) Violation of Conditions, Covenants and Restrictions; (3) Negligence (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; and (6) Nuisance. Plaintiff moves the Court for orders compelling Defendants to serve responses or furt...
2023.12.18 Motion for Leave to Amend Complaint, for Preliminary Injunction 263
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.18
Excerpt: ...0, 1990 (“Plaintiffs”) move for leave to file a second amended complaint to add Pamela Chen (“Chen”), President of the Altamarguerita South Homeowners Association (“HOA”), as a defendant, as well as additional factual allegations regarding the HOA's and Chen's alleged concealment of and failure to disclose facts regarding the water intrusion that Plaintiffs discovered in February-April 2023 through deposition discovery. Defendant Alta...
2023.12.18 Motion for Leave to Amend Complaint 095
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.18
Excerpt: ...purchased the defective flooring at issue, Defendant Zra Estates, Inc. dba Rhodium Floors (“Defendant”) allegedly refused to return it to the manufacturer for a refund, to deliver it back to Plaintiff, or to attempt to sell it to mitigate Plaintiff's damages. As such, Plaintiff seeks leave to amend the complaint to allege a cause of action for conversion. Defendant opposes, arguing Plaintiff's proposed amendment is not meritorious, and Plaint...
2023.12.18 Motion for Leave to Amend Answer 147
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.18
Excerpt: ...arina, LLC's (“AMLI”) Cross-Complaint. AMLI opposes the motion and AGI replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake i...
2023.12.14 Motion to Strike Answer, for Judgment on the Pleadings 707
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.14
Excerpt: ...unfair competition; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract, stemming from Defendant's alleged refusal to honor Plaintiff's lifetime contract for access to the Gold's Gym location in Venice for $29 per month. Plaintiff moves to strike Defendant's answer. Defendant opposes the motion. MEET AND CONFER REQUIREMENT Code of Civil Procedure section 435.5, subdivision (a) requires, “Before filing a motion t...
2023.12.14 Motion to Quash Service of Summons 033
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.14
Excerpt: ...laint on the basis of lack of personal jurisdiction. Plaintiff Todd Michael Schultz, appearing in pro per (“Plaintiff”) opposes the motion and Defendants reply. EVIDENTIARY OBJECTIONS Plaintiff's Opposition to Defendant's Motion to Quash is styled as a declaration and sworn under penalty of perjury. Defendants have therefore submitted evidentiary objections to various portions of Plaintiff's Opposition. To the extent Plaintiff intends the Opp...
2023.12.14 Motion for Summary Judgment, Adjudication 873
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.14
Excerpt: ...d Material Facts 3. Defendant's Compendium of Exhibits 4. Defendant's Errata Declaration of Armando DeArcus OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points & Authorities 2. Declaration of Samantha Dewey-Gartner 3. Declaration of Rhonda Earick 4. Plaintiff's Separate Statement of Disputed Material Facts REPLY PAPERS: 1. Reply 2. Exhibit K – Declaration of Paola Orozco 3. Exhibit L – Declaration of Jaime Ra...
2023.12.14 Demurrer 392
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.14
Excerpt: ...nt of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action are not alleged against Defendant Carrington Mortgage Services. Defendant Carrington Mortgage Services (“Defendant”) demurs to the third, fourth, fifth, and sixth causes of action on the grounds that they fail to state a cause of action and are uncertain pursuant to Code of Civil Proc...
2023.12.13 Motion to Strike 739
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.13
Excerpt: ...nt replies. ANALYSIS 1. UNTIMELY OPPOSITION Code of Civil Procedure section 1005, subdivision (b) provides, “All papers opposing a motion […] shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.” The court has discretion whether to consider late-filed papers. (Cal. Rules of Court, rule 3.1300(d).) The hearing on this motion to strike was not...
2023.12.13 Demurrer 791
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.13
Excerpt: ... retaliation; (4) unfair business practices; (5) intentional infliction of emotional distress; and (6) fraud and deceit for allegedly discriminating against it three times in five years for exercising its “freedom of speech” by “making a complaint about being mistreated.” (See LAX Snak Trak Vending v. City National Bank, Los Angeles Superior Court Case No. 23STCV00130.) The Court sustained Defendant's unopposed demurrer to that complaint ...
2023.12.12 Motion for Reconsideration 666
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2023.12.12
Excerpt: ...ebruary 24, 2023 and dismissing Defendant's cross- complaint filed on March 21, 2023 without prejudice. Specifically, Plaintiff requests the Court reconsider the dismissal without prejudice and dismiss Defendant's cross-complaint with prejudice. The motion is unopposed. ANALYSIS Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in par...

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