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2023.12.05 Motion to Compel Further Responses, for Sanctions 063
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.12.05
Excerpt: ...ments is denied in part (as to document request numbers 16, 20, 27, and 29, and as to sanctions), and is otherwise granted. On or before 12/10/23, Plaintiff shall serve further responses, and produce documents, without unsupported objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents served by Defendant. The motion to compel a deposition is granted, and sanctions in the amou...
2023.11.17 Motion to Compel Further Responses, for Sanctions 978
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.11.17
Excerpt: ...mpliance with the California Discovery Act, CCP §2016.010 et seq., as to the interrogatories and requests for documents served by plaintiffs and addressed in their separate statements. On or before that same date, counsel Ongaro PC, shall pay discovery sanctions in the total sum of $5,070.00 to plaintiffs, the Court finding the absence of substantial justification. E.g., CCP § 2023.030. On 12/16/21, ESMERALDA RAMIREZ and GUSTAVO ORTIZ HERNANDEZ...
2023.11.17 Motion for Final Approval of Class Action and PAGA Settlement 572
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.11.17
Excerpt: ...d terminated the employment in approximately March of 2020. The causes of action are (1) Wrongful Termination; (2) Retaliation (California Labor Code § 98.6 And 1102.5); (3) Violation Of California Labor Code §§ 510 And 1198 (Unpaid Overtime); (4) Violation Of California Labor Code §§ 1194, 1197 And 1197.1 (Unpaid Minimum Wages); (5) Violation Of California Labor Code § 226.7 (Unpaid Rest Period Premiums); (6) Violation Of California Labor ...
2023.11.15 Motion to Tax Costs 378
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.11.15
Excerpt: ...gave a Declaration of Intent to Evict for Landlord Occupancy, without paying required relocation assistance. On 3/11/20, Defendant filed a First Amended Cross-Complaint against Plaintiff, alleging that Cross-Defendant EMMONS unjustly retained the benefit of living in the Building's "Lower Unit" without paying rent required by the written lease, negligently caused a need to replace the unit's heating system, to pay for additional maintenance of th...
2023.11.15 Motion to Compel Further Responses 978
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.11.15
Excerpt: ... §2016.010 et seq., as to the form interrogatories and special interrogatories served by Defendant. On or before that same date, Plaintiff ELCHANAN BEISS and The Chang Firm shall pay discovery sanctions in the total sum of $4,600 to Defendant, the Court finding the absence of substantial justification. E.g., CCP § 2023.030. On 12/27/21, Plaintiff ELCHANAN BEISS (“Plaintiff”) filed a Complaint. On 7/27/22, Plaintiff filed a First Amended Com...
2023.09.13 Motion to Transfer Action 999
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.13
Excerpt: ...e Victims of Corporate Fraud Recovery Fund, denied petitioners' applications for payment through the fund. MP Positions Moving party requests an order transferring venue to Sacramento, on grounds including the following: · Under Corporations Code section 2287, subdivision (a), this Court is not the proper venue for this action. RP Positions Opposing parties advocate denying, for reasons including the following: · Venue for this petition is prop...
2023.09.13 Motion for Summary Adjudication 670
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.13
Excerpt: ...laintiff Doctor ALEXANDER GHATAN, and corporations owned by Defendant Doctor Shirazy, entered into a written Professional Services Agreement (“PSA”) for Plaintiff to provide medical services to defendants' patients, but defendants conversely contend that Plaintiff is entitled to the professional fee liens for just 11 of approximately 270 procedures, and that defendants have not had any duty to exclusively use Plaintiff for some of the listed ...
2023.09.07 Motion to Compel Further Responses, Deposition 033
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.07
Excerpt: ..., Plaintiff filed a First Amended Complaint, alleging that Defendant's financial elder abuse of decedent WANDA SNEED also caused Plaintiff to be deprived of her expected inheritance, in that Defendant interfered with title to assets, personal properties, and interfered with obtaining the monies belonging to the estate of Wanda Sneed. The causes of action are: 1) INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE; 2) DEPENDENT ADULT ABUSE; 3) FRAU...
2023.09.06 Motion to Compel Further Responses, for Monetary Sanctions 895
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.06
Excerpt: ...d YU LIN filed a Complaint alleging: 10. In June 2015, Plaintiff Fang, on behalf of Plaintiffs, executed a Limited Partnership Agreement (“LPA,” Exhibit) with Defendant Group 48 LP. Defendant CMB Export and Defendant NK are general partners of the limited partnership, controlled by Defendant Hogan. 11. The purpose of the agreement under the LPA is “[T]he investor seeks to apply for a green card (permanent residenc[y]) under the EB-5 Immigra...
2023.09.05 Motion to Compel Further Responses 033
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.05
Excerpt: ...AXTON 9 CORPORATION. On 8/9/21, Plaintiff filed a First Amended Complaint, alleging that Defendant's financial elder abuse of decedent WANDA SNEED also caused Plaintiff to be deprived of her expected inheritance, in that Defendant interfered with title to assets, personal properties, and interfered with obtaining the monies belonging to the estate of Wanda Sneed. The causes of action are: 1) INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE; 2) ...
2023.09.05 Application for Determination of Good Faith Settlement 639
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.05
Excerpt: ...plaintiffs. Summary On 4/13/17, plaintiffs filed a Complaint. On 12/11/17, plaintiffs filed a First Amended Complaint, alleging: This action for negligence and strict liability arises out of an incident that occurred on December 26, 2015. Oleg Alexandrov was driving east on the 10 Freeway approaching Crenshaw Blvd and downtown Los Angeles. Marianna Alexandrov was sitting in the passenger seat while their two young grandchildren were passengers in...
2023.09.01 Demurrer to TAC, Motion to Strike 617
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.01
Excerpt: ...ff filed this action, including constructive employment termination, and alleging that Plaintiff worked as a maintenance worker, and employer Defendant City of Lawndale intentionally assigned Plaintiff to do work that violated his medical restrictions, and refused to offer available, reasonable work accommodations, based upon discrimination and retaliation. The causes of action of the Third Amended Complaint are: 1. VIOLATION OF THE FAIR EMPLOYME...
2023.09.01 Motion for Judgment on the Pleadings, to Strike 990
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.01
Excerpt: ...sentations made by the salesperson and the manufacturer through publications, that the vehicle's range on a charge was 259 miles. However, the vehicle had defects including with the EV battery module, insufficient distance on a charge, potential high voltage battery fire and front seatbelt pretensioner. After Plaintiff's repeated presentations of the vehicle authorized repair facilities, the manufacturer has been unable to conform the Vehicle to ...
2023.09.01 Motion to Compel Further Responses 978
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.09.01
Excerpt: ...nant residing at an apartment complex at 952 S Detroit Street, Los Angeles, until constructive eviction, after defendants, as landlords, failed to timely or fully address Plaintiff's complaints of uninhabitable conditions, including trash under the landlords' control in the common areas, loud music and noise at all hours, roach infestation; water leaks in Plaintiff's apartment under the lessors' control, unpermitted washer and dryer, lack of hot ...
2023.08.31 Motion to Sever Cross-Complaint and for Separate Trials 885
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.31
Excerpt: ...ths before was "non-consensual" (i.e. criminal "rape"). The cause of action is INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. On 7/28/23, Defendant filed a Cross-Complaint against Plaintiff alleging that, on or about 11/18/21, after drugging Cross-Complainant, Cross-Defendant raped her, notwithstanding that Cross-Complainant resisted him physically and verbally, and said “no” and “stop.” Cross-Complainant's Causes of Action are: 1. SEXUAL ...
2023.08.31 Motion to Compel Arbitration and Stay Proceedings 747
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.31
Excerpt: ...eceptionist, then “staffing coordinator,” until their constructive, wrongful termination of employment on or about March 15, 2021, based upon work-related disability and sexual orientation. The causes of action are: 1. BREACH OF EXPRESS WRITTEN CONTRACT; 2. BREACH OF IMPLIED CONTRACT; 3. BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING; 4. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; 5. DISCRIMINATION; 6. RETALIATION; 7. HARASSMEN...
2023.08.31 Motion to Compel Arbitration and Stay or Dismiss Proceedings Pending Arbitration 864
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.31
Excerpt: ...On 5/15/23, Plaintiff ALI MURHI, filed a Complaint alleging that employer defendants discriminated, harassed, retaliated and later terminated employment, because of Plaintiff's disability and ongoing requests for accommodations. The causes of action are: (1) DISCRIMINATION IN VIOLATION OF FEHA; (2) HOSTILE WORK ENVIRONMENT HARASSMENT UNDER FEHA; (3) RETALIATION UNDER FEHA; (4) FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF FEHA; (5)...
2023.08.30 Motion for Reconsideration of Order Denying Demurrer 895
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.30
Excerpt: ...t (“LPA,” Exhibit) with Defendant Group 48 LP. Defendant CMB Export and Defendant NK are general partners of the limited partnership, controlled by Defendant Hogan. 11. The purpose of the agreement under the LPA is “[T]he investor seeks to apply for a green card (permanent residenc[y]) under the EB-5 Immigrant Investor Program[,] and does not require an economic profit on his/her investment” (pg.1). Plaintiffs transmitted $550,000 to Defe...
2023.08.29 Motion to Reconsider Motion to Compel Arbitration and Stay Proceedings 260
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.29
Excerpt: ... structural, and transmission system defects, and co-Defendant PUENTE HILLS FORD breached its duty to Plaintiff to ordinary care and skill by failing to properly store, prepare, and repair the vehicle. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving partie...
2023.08.28 Motion for Summary Judgment, Adjudication 929
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.28
Excerpt: ...f, after Plaintiff paid defendants $40,000 to purchase $49,600 in the Merchant Defendant's future accounts receivable, to fund the working capital needs of the Merchant Defendant's business operations, defendants failed to repay, and Stillwell personally guaranteed the obligations. The causes of action are: 1. BREACH OF WRITTEN CONTRACT 2. BREACH OF WRITTEN GUARANTY. MP Positions Moving party requests an order granting summary judgment or summary...
2023.08.25 Motion for Summary Judgment, Adjudication 486
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.25
Excerpt: ...this is an action for Declaratory Relief, Breach of Contract and related claims, arising out of a written one-page partnership agreement entered into in 2011, between Plaintiff and the decedent DARLENE UPCHURCH-FRIEDMAN, providing Plaintiff with a 30% ownership and partnership interest in commercial real property at Jefferson and La Brea Boulevards. On 8/18/22, Defendant JEFFERSON LA BREA D&J PROPERTIES, LLC filed a notice of bankruptcy stay, but...
2023.08.23 Motion to Amend Complaint 250
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.23
Excerpt: ...os Angeles, in preparation for occupancy, but Defendant abandoned the premises after about 7 months of possession and refuses to repay the loan or further rent. The causes of action are: 1) BREACH OF LEASE; 2) FAILURE TO REPAY LOAN; 3) COMMON COUNTS: MONEY OWED; and 4) UNJUST ENRICHMENT. On 5/22/23, Plaintiff filed a motion for leave to amend the operative complaint to add causes of action related to alter ego issues and false and defamatory stat...
2023.08.23 Motion for Terminating Sanctions 039
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.23
Excerpt: ...nts Summary On 6/10/22, Plaintiff PAUL BUTAKOV, a self-represented litigant, filed a Complaint for Medical Negligence, alleging that, in June 2020, Plaintiff underwent vessel coronary artery bypass at HUNTINGTON HOSPITAL, and thereafter experienced a clicking noise in his chest, which thereafter was discovered to be an improperly closed chest plate by doctors at KECK MEDICAL CENTER OF USC. MP Positions Defendant Moving party requests an order gra...
2023.08.21 Motion to Compel Arbitration and Dismiss Action or Stay Proceedings 463
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.21
Excerpt: ...action are: 1. WRONGFUL TERMINATION IN VIOLATION OF FEHA (GOV'T. CODE § 12940 ET SEQ.); 2. FEHA VIOLATIONS BASED UPON DISABILITY DISCRIMINATION; 3. FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. FEHA VIOLATIONS BASED UPON RETALIATION; 6. FAILURE TO REINSTATE IN VIOLATION OF THE CFRA; 7. INTERFERENC...
2023.08.18 Motion to Expunge Lis Pendens 896
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.18
Excerpt: ... MURAL MEDIA, LLC and S.B.S. TRUST DEED NETWORK that entered into the original loan and deed of trust while incapable of legally doing business in the State of California, due to their filing LLC cancellations. Defendants BRUETSCH and CAPITALBENEFIT, INC., acted as agents for defendants. Other defendants represented themselves as being the lien holders, thereby fraudulently inducing Plaintiff to enter into loan modification agreements. The causes...
2023.08.18 Motion to Quash Service of Summons, Dismiss Action 389
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.18
Excerpt: ...e was born in March of 1981, and while a minor, was a victim of childhood sexual molestation and assault done by defendants' employed teacher, at South Bay Junior Academy, caused by defendants' failures and refusals, including with regard to hiring, retention, training and supervision, by defendants SOUTHERN CALIFORNIA CONFERENCE OF SEVENTH-DAY ADVENTISTS (SCC) and NORTH AMERICAN DIVISION OF SEVENTH DAY ADVENTISTS (NAD). The causes of action are:...
2023.08.17 Motion to Compel Further Discovery Responses, for Monetary Sanctions 436
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.17
Excerpt: ...nt alleging that Plaintiff purchased a new 2020 Chevrolet Silverado having and developing serious defects and nonconformities to warranty, and Defendant GM was unable to conform Plaintiff's vehicle to the applicable express warranty, after a reasonable number of repair attempts. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT- BREACH OF EXPRESS WARRANTY COMPLAINT 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATIO...
2023.08.17 Motion for Reconsideration 406
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.17
Excerpt: ...lly obtained summary judgment in an unlawful detainer action, based upon having a lease with an option to purchase, at 2115 N. Upper Krest St., Los Angeles, CA 90046. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (DMIF) had foreclosed on a second deed of trust. Also, Defendant PETER DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC (CLE) as...
2023.08.16 Motion to Bifurcate and Stay 612
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.16
Excerpt: ... with 20STCV23961 and 20STCV12415. The Complaint in consolidated case number 20STCV23961 alleges that GLOBAL CENTURY, as insurance broker, was used by THANDI as a device to broker insurance policies between California trucking insureds, like LOS MORALES, a small trucking company, and the non-California-admitted, insolvent insurer, Global Hawk, provided a policy for indemnity in the event of catastrophic loss, but now the Lorenzo plaintiffs are un...
2023.08.15 Motion for Judgment on the Pleadings 492
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.15
Excerpt: ...king plumbing causing mold, and there were other uninhabitable conditions. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF IMPLIED WARRANTY OF HABITABILITY 3. BREACH OF COVENANT FOR QUIET ENJOYMENT 4. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 5. NEGLIGENCE 6. PREMISES LIABILITY 7. NEGLIGENT MISREPRESENTATION 8. INI'ENTIONAL MISREPRESENTATION 9. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 10. INTENTIONAL INFLICTION OF EMOTIONAL...
2023.08.15 Demurrer 812
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.15
Excerpt: ...es, and backed-up sewage that constantly seeped into the premises. The causes of action are: 1. BREACH OF WRITTEN CONTRACT 2. BREACH OF COVENANT OF QUIET ENJOYMENT 3. NEGLIGENT MISREPRESENTATIONS 4. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: 1. Plaintiffs' Complaint fails to state facts sufficient to constitute a cause of act...
2023.08.11 Motion to Compel Further Responses, for Monetary Sanctions 895
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.11
Excerpt: ...HEN FANG and YU LIN filed a Complaint alleging: 10. In June 2015, Plaintiff Fang, on behalf of Plaintiffs, executed a Limited Partnership Agreement (“LPA,” Exhibit) with Defendant Group 48 LP. Defendant CMB Export and Defendant NK are general partners of the limited partnership, controlled by Defendant Hogan. 11. The purpose of the agreement under the LPA is “[T]he investor seeks to apply for a green card (permanent residenc[y]) under the E...
2023.08.11 Motion to Compel Further Responses 645
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.11
Excerpt: ...iser, on the basis of his sexual orientation and age, and in retaliation for Plaintiff's complaints. The causes of action are: 1. SEXUAL ORIENTATION DISCRIMINATION (FEHA) 2. DISCRIMINATION BASED ON AGE 3. RETALIATION FOR CONDUCT THAT IS PROTECTED BY THE FAIR EMPLOYMENT AND HOUSING ACT IN VIOLATION OF CALIFORNIA GOVERNMENT CODE §§ 12940 ET SEQ. 4. WHISTLEBLOWER RETALIATION [Lab. Code, § 1102.5] 5. FAILURE TO TAKE ALL REASONABLE STEPS TO PREVENT...
2023.08.11 Motion for New Trial 181
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.11
Excerpt: ...IV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Also, that pleading alleges post-judgment aiding and abetting of sale of the subject property to Lanker Partnership, to hinder Plaintiff as judgment creditor, after prevailing at trial on those underlying facts. Before reversal and remand in appellate proceedings (opinion, filed 1...
2023.08.10 Motion to Compel Arbitration 074
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.10
Excerpt: ...action are: 1. DISCRIMINATION; 2. WRONGFUL TERMINATION/ADVERSE TREATMENT IN VIOLATION OF LABOR CODE § 1102.5; 3. INTERFERENCE WITH PROTECTED AND PAID LEAVE IN VIOLATION OF THE EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT; 4. WRONGFUL TERMINATION/ADVERSE ACTIONS IN VIOLATION OF PUBLIC POLICY; 5. BREACH OF CONTRACT; 6. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; 7. RECOVERY OF WAGES; 8. FAILURE TO PAY STATUTORILY MANDATED OV...
2023.08.10 Motion for Summary Judgment, Adjudication 947
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.10
Excerpt: ..., Plaintiff ARMANDO MEJIA filed a Complaint against defendants as allegedly his former employers, and further alleging the following: 15. On or about October 12, 2018, Plaintiff was approved for and went on medical leave due to emotional distress, mental anguish, and other psychological conditions and injuries he was experiencing. 16. During Plaintiff's medical leave, Plaintiff treated with medical providers including a psychiatrist. 17. After be...
2023.08.09 Demurrer to FAC 421
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.09
Excerpt: ...n Rescue Act. Allegedly, the EDD Appeals Board awarded Plaintiff nothing even though Plaintiff is unemployed. MP Positions Moving party requests an order sustaining the demurrer to the operative pleading, on grounds including the following: · The pleading fails to allege any statutory violation as the Government Claims Act requires for claims against government agencies. · Mr. Stoppelman failed to present his claim before filing his lawsuit as ...
2023.08.09 Motion to Vacate Stay and Elect Withdrawal from Arbitration 435
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.09
Excerpt: ...tion for being disabled, and for taking time off of work because of Morales' injuries/disability/medical condition. The causes of action are: 1. DISABILITY DISCRIMINATION IN VIOLATION OF FEHA; 2. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF FEHA; 3. FAILURE TO ACCOMMODATE IN VIOLATION OF FEHA; 4. RETALIATION IN VIOLATION OF FEHA; 5. FAILURE TO TAKE ALL REASONABLE STEPS TO PREVENT DISCRIMINATION, AND/OR RETALIATION; 6. VIO...
2023.08.08 Motion to Compel Further Responses, for Monetary Sanctions 800
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.08
Excerpt: ...C. Summary On 5/4/22, Plaintiff WEI LI filed a Complaint. On 7/13/22, Plaintiff filed a First Amended Complaint, alleging: To help his son with college entry and attendance, Plaintiff signed a Service Contract with Defendant Weng, who signed her name as the “representative for New Force International Education, and Plaintiff paid a total of $39,950.00. Defendant Weng deliberately used different business entities in the Service Contract, and on ...
2023.08.08 Motion for Stay of Proceedings 612
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.08
Excerpt: ...d case was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. The Complaint in consolidated case number 20STCV23961 alleges that GLOBAL CENTURY, as insurance broker, was used by THANDI as a device to broker insurance policies between California trucking insureds, like LOS MORALES, a small trucking company, and the non-California-admitted, insolvent insurer, Global Hawk, provided a policy for indemnity in the event of catastro...
2023.08.07 Motion for Summary Judgment, Adjudication, for Judgment on the Pleadings 712
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.07
Excerpt: ...2021. On 9/23/21, Defendant AZIZBEK KURBANOV filed the Cross-Complaint. On 5/2/22, Defendant AZIZBEK KURBANOV filed a First Amended Cross- Complaint against STATE FARM and three other alleged insurers, for breach of contract, bad faith and unfair business practices, alleging there was insurance coverage as to the rental of a TURO vehicle, and an automobile accident driving it, on 2/12/19. MP Positions Moving party requests an order granting summa...
2023.08.04 Motion to Set Aside Judgment 035
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.04
Excerpt: ...d due to Plaintiff's not refunding payments or paying damages for nonperformance of a solar panel contract, and Bartok offered to withdraw the liens regarding Defendant's dispute regarding Plaintiff's failure to sell solar panels to the homeowner, but never did withdraw the lien. MP Positions Moving parties request an order to set aside the default and default judgment in this matter, allowing moving party to defend this action on its merits, on ...
2023.08.04 Motion to Oppose Application for Determination of Good Faith Settlement 639
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.04
Excerpt: ...3/17, plaintiffs filed a Complaint. On 12/11/17, plaintiffs filed a First Amended Complaint, alleging: This action for negligence and strict liability arises out of an incident that occurred on December 26, 2015. Oleg Alexandrov was driving east on the 10 Freeway approaching Crenshaw Blvd and downtown Los Angeles. Marianna Alexandrov was sitting in the passenger seat while their two young grandchildren were passengers in the rear seats. Mr. Alexa...
2023.08.04 Demurrer to FAC 389
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.04
Excerpt: ... done by defendants' employed teacher, at South Bay Junior Academy, caused by defendants' failures and refusals, including with regard to hiring, retention, training and supervision, by defendants SOUTHERN CALIFORNIA CONFERENCE OF SEVENTH-DAY ADVENTISTS (SCC) and NORTH AMERICAN DIVISION OF SEVENTH DAY ADVENTISTS (NAD). The causes of action are: (1) NEGLIGENCE; (2) NEGLIGENT SUPERVISION; (3) NEGLIGENT HIRING/RETENTION; (4) NEGLIGENT FAILURE TO WAR...
2023.08.03 Motion to Set Aside or Vacate Default Judgment 239
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.03
Excerpt: ...ry employees, including for compliance with State and Federal laws for employment eligibility, before being placed at Plaintiff BEEMAK PLASTICS, LLC. On 6/24/21, default Judgment was filed in the total sum of $1,426,093.43 against Defendant SOUTH BAY. MP Positions Moving party requests an order setting aside or vacating default entry and judgment and allowing a proposed answer, via a motion filed 6/23/23, on grounds including the following: · De...
2023.08.03 Demurrer, Motion to Strike 101
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.03
Excerpt: ...Bella Street, Pacoima, having various uninhabitable conditions, and the Los Angeles Housing Department repeatedly instructed Defendant to cease tenant harassment such as attempted evictions without paying relocation assistance, which was done in apparent retaliation for tenants' complaints, The causes of action are: 1. VIOLATION OF LOS ANGELES MUNICIPAL CODE (“LAMC”) CHAPTER XV, ARTICLE 1, § 151.05.A; 2. VIOLATION OF BUSINESS AND PROFESSIONS...
2023.08.03 Demurrer 413
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.03
Excerpt: ...CTS, LLC and MICHAEL'S COOKIES LLC were required to submit payment to HUNTINGTON CAPITAL in the amount of $356,924 pursuant to a succession of written Warrant Agreements, Defendant J. DON COOKSEY, JR., on his own behalf and on behalf of MICHAEL'S BAKERY, misrepresented the true financial condition of MICHAEL'S BAKERY while failing to disclose the true working capital needs of it, and the amounts distributed to equity holders left it with insuffic...
2023.08.01 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration 351
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.01
Excerpt: ... work, as to employment at Lexus of Cerritos as a diagnostic specialist and mechanic shop foreman, and Defendant wrongfully terminated Plaintiff's employment, based on the pretext of “unprofessional and disrespectful behavior towards other technicians,” after false accusations made because Plaintiff had reported an employee's unlawful conversion of a customer's vehicle. The causes of action are: 1. FAILURE TO PROVIDE REASONABLE ACCOMMODATION ...
2023.08.01 Demurrer to TAC, Motion to Strike 617
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.08.01
Excerpt: ...filed this action, including constructive employment termination, and alleging that Plaintiff worked as a maintenance worker, and employer Defendant City of Lawndale intentionally assigned Plaintiff to do work that violated his medical restrictions, and refused to offer available, reasonable work accommodations, based upon discrimination and retaliation. The causes of action of the Third Amended Complaint are: 1. VIOLATION OF THE FAIR EMPLOYMENT ...
2023.07.31 Motion for Judgment Notwithstanding the Verdict 378
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.31
Excerpt: ...ed the lack of conversion permits, demanded excess rent in violation of the Los Angeles Rent Stabilization Ordinance (LARSO), and gave a Declaration of Intent to Evict for Landlord Occupancy, without paying required relocation assistance. The causes of action are: (1) VIOLATION OF STATUTE (CIVIL CODE, SECTION 1942.4) (2) RESTITUTION BASED ON UNJUST ENRICHMENT (3) VIOLATION OF BUSINESS AND PROFESSIONS CODE, SECTION 17200 (4) MONEY HAD AND RECEIVED...
2023.07.31 Motion for Summary Judgment, Adjudication 192
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.31
Excerpt: ...rst Amended Complaint, alleging that he is entitled to quiet title to 8943 Telfair Avenue, Los Angeles, because one of the abstracts-- the 2012 Abstract of Judgment-- did not create a lien against the subject real property, since the Judgment Debtor was deceased, and hence was not the owner on or after the date the 2012 Abstract was recorded. The causes of action are: 1. QUIET TITLE 2. CANCELLATION OF INSTRUMENTS 3. DECLARATORY RELIEF. On 11/1/21...
2023.07.31 OSC Re Contempt 175
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.31
Excerpt: ..., service upon contemnors have been authorized. In re Abrams (1980) 108 Cal. App. 3d 685, 691.). No Opposition MP: Plaintiff RP: Summary On 02/07/19, Plaintiff Tatsu Ramen, LLC filed the instant action against Defendants Juan Carlos Rivas, Ryutaro Isobe, B&B International, LLC, Wakou USA, Inc., and Mutual Trading Company, Inc. Plaintiff alleges that defendants conspired to grossly overcharge plaintiff for sauces it purchased from defendants. Plai...
2023.07.28 Motion for Summary Judgment, Adjudication 249
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.28
Excerpt: ...yment as camera operator, including by allowing ongoing sexual harassment by a coworker, and reducing hours, in retaliation for Plaintiff's complaining about the harassment instead of putting up with it in order to get along with the other employee. The causes of action are: 1) SEXUAL HARASSMENT, HOSTILE WORK ENVIRONMENT (CAL. GOV. CODE § 12940(J)) 2) DISCRIMINATION (CAL. GOV. CODE § 12940(A)) 3) RETALIATION FOR OPPOSING DISCRIMINATION AND HARA...
2023.07.28 Motion for Leave to File FACC 021
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.28
Excerpt: ...arranty of habitability, and violations of Beverly Hills Municipal Code, alleging lessors' liability for residential water leaks, gas issues, electrical issues, and mold issues. On 9/23/19, plaintiffs filed a First Amended Complaint including retaliatory eviction against the DALLALS. On 10/30/19, defendants, HILDA DALLAL and MARK DALLAL, filed a Cross-Complaint against Cross-Defendant 1 OAK, for negligence, breach of contract, equitable indemnity...
2023.07.27 Motion to Quash Subpoena 946
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.27
Excerpt: ... Nathaniel Berhow walked onto the campus with a .45-caliber handgun, and began to shoot students before taking his own life with the same gun. Gracie and Dominic died from their gunshot wounds. On November 16, 2020, the Blackwell plaintiffs filed a complaint for general negligence— wrongful death, premises liability—wrongful death, negligence—survivor cause of action, and negligence—emotional distress. Plaintiffs allege William S. Hart Un...
2023.07.27 Motion for Attorney Fees 734
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.27
Excerpt: ...ntified as defendant Charly Taylor. On May 7, 2022, Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and attempted within the apartment building laundry room common area. Plaintiffs submitted a complaint with property manager Taylor, but allege defendant landlords refused to conduct any independent investigation and/or seek eviction of Nathanson. Instead, on August 17, 2022, Plaintiffs were ser...
2023.07.26 Motion for Summary Judgment, Adjudication 261
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.26
Excerpt: ... (“TRANSFORCE”) and Northern Refrigeratored Transportation. Inc. (“NRT”) as a truck driver. Transforce, a national truck driver staffing firm had placed Ahmed with NRT and Ahmed upon completion of training was to begin as a truck driver for NRT 17. Ahmed completed his requisite orientation spanning from June 22, 2021 to June 25, 2021 and thereafter being his training/field work on or about June 28, 2021 which was scheduled from 3am to 3pm...
2023.07.24 Motion to Strike 142
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.24
Excerpt: ...d with leave to amend. On 3/24/23, Plaintiff filed a First Amended Complaint, alleging defendants leased residential property to Plaintiff, which had uninhabitable conditions including ongoing rainwater intrusion, faulty plumbing, mold, faulty weather protection, dropping ceiling debris, dangerous electrical wiring, and defendants breached promises to remediate these issues by long ignoring Plaintiff's maintenance requests. The Causes of Action a...
2023.07.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 572
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.24
Excerpt: ... employment in approximately March of 2020. The causes of action are: (1) WRONGFUL TERMINATION (2) RETALIATION (CALIFORNIA LABOR CODE § 98.6 AND 1102.5) (3) VIOLATION OF CALIFORNIA LABOR CODE §§ 510 AND 1198 (UNPAID OVERTIME) (4) VIOLATION OF CALIFORNIA LABOR CODE §§ 1194, 1197 AND 1197.1 (UNPAID MINIMUM WAGES) (5) VIOLATION OF CALIFORNIA LABOR CODE § 226.7 (UNPAID REST PERIOD PREMIUMS) (6) VIOLATION OF CALIFORNIA LABOR CODE §§ 226.7 AND ...
2023.07.24 Demurrer to FAC, Motion to Strike 211
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.24
Excerpt: ...er, and later appointed CEO, stole both plaintiffs' corporate assets and embezzled funds for personal use, and was fired on 9/13/22, upon discovery. The causes of action are: 1. BREACH OF CONTRACT; 2. FRAUD COUNT ONE; 3. VIOLATION OF CALIFORNIA PENAL CODE § 484; 4. CONVERSION-COUNT ONE; 5. BREACH OF FIDUCIARY DUTY; 6. CONSTRUCTIVE FRAUD; 7. EMBEZZLEMENT; 8. FRAUD-COUNT TWO; 9. CONVERSION-COUNT TWO; 10. FRAUD-COUNT THREE; 11. CONVERSION-COUNT THR...
2023.07.18 Demurrer 895
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.18
Excerpt: ...ort and Defendant NK are general partners of the limited partnership, controlled by Defendant Hogan. 11. The purpose of the agreement under the LPA is “[T]he investor seeks to apply for a green card (permanent residenc[y]) under the EB-5 Immigrant Investor Program[,] and does not require an economic profit on his/her investment” (pg.1). Plaintiffs transmitted $550,000 to Defendant Group 48 LP in July 2015. 12. Defendants then made a loan for ...
2023.07.17 Demurrer 885
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.17
Excerpt: ...action is INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The conduct relates to anticipated litigation and is privileged and protected conduct as a matter of law under Civil Code section 47(b). · The allegations, including “allegations of criminal conduct . . . to third parties” and “demands for money now claiming tha...
2023.07.12 Motion to Compel Further Responses 902
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.12
Excerpt: ...dant's authorized repair facility has not repaired various defects after numerous opportunities, and Defendant has failed to repurchase the vehicle. MP Positions Moving party requests an order compelling Defendant's further responses to document requests numbers 1, 2, 3, 5, 8, 9, 11, 12, 16, 17, 18, 19 and 20 through 35, on grounds including the following: · Plaintiff seeks documents directly related to her Song-Beverly Consumer Warranty Act cla...
2023.07.11 Motion to Compel Arbitration and Stay Action 936
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.07.11
Excerpt: ...s, minimum wages, provide meal and rest breaks, related wage and hour claims, sexual harassment, wrongful termination in violation of public policy, failure to accommodate, failure to engage in the interactive process, assault and battery, negligent and intentional infliction of emotional distress, PAGA claims, among others. MP Positions Moving and joining parties requests an order compelling arbitration of Plaintiff's complaint, and staying this...
2023.06.15 Motion to Compel Deposition, for Monetary Sanctions 937
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.15
Excerpt: ...or Negligence, alleging that defendants, as owners of an apartment building at 1616 North La Brea Ave, Los Angeles, received complaints from tenants regarding the uptick in violence in the area, but defendants ignored the concerns, and on or about 1/18/20, plaintiffs were visiting friends at the property, when an unknown individual shot both plaintiffs. MP Positions Moving parties request an order compelling deposition attendance of nonparty Raim...
2023.06.15 Motion for Summary Judgment, Adjudication 261
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.15
Excerpt: ...g: 16. On or about June 22, 2021, Plaintiff Ahmed Wafa (“Ahmed”) a Middle Eastern was hired by Transforce, Inc. (“TRANSFORCE”) and Northern Refrigeratored Transportation. Inc. (“NRT”) as a truck driver. Transforce, a national truck driver staffing firm had placed Ahmed with NRT and Ahmed upon completion of training was to begin as a truck driver for NRT 17. Ahmed completed his requisite orientation spanning from June 22, 2021 to June ...
2023.06.15 Demurrer to FAC, Motion to Strike 653
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.15
Excerpt: ...ended Complaint, alleging that plaintiffs are tenants at 625 S. Burlington Ave., Los Angeles, which has uninhabitable conditions, including cockroach infestations, widespread mold contamination, open exposure to raw sewage, plumbing issues, faulty and insufficient utilities, structural defects, and deficient security. The causes of action are: 1. BREACH OF THE WARRANTY OF HABITABILITY 2. NEGLIGENCE 3. BREACH OF QUIET ENJOYMENT 4. NUISANCE 5. VIOL...
2023.06.14 Motion for Summary Judgment, Adjudication 192
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.14
Excerpt: ...Amended Complaint, alleging that he is entitled to quiet title to 8943 Telfair Avenue, Los Angeles, because one of the abstracts-- the 2012 Abstract of Judgment-- did not create a lien against the subject real property, since the Judgment Debtor was deceased, and hence was not the owner on or after the date the 2012 Abstract was recorded. The causes of action are: 1. QUIET TITLE 2. CANCELLATION OF INSTRUMENTS 3. DECLARATORY RELIEF. On 11/1/21, De...
2023.06.13 Motion to Consolidate 630
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.13
Excerpt: ...a was married to and living with Plaintiff. Defendant Olha Kukshyn is Vitalina's mother. In January 2019, Vitalina and Kukshyn told Plaintiff that he should invest in property in the city of Kyiv, Ukraine. Kukshyn was a resident in Kyiv and she told Plaintiff that she knew were there were good deals to purchase real estate there. She also stated that Plaintiff would double his investment from making a real estate purchase in Kyiv (FAC ¶ 39). Vit...
2023.06.13 Motion for Summary Adjudication 379
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.13
Excerpt: ...7-4907 ½ Wadsworth Avenue, Los Angeles, because it acquired title to the Property from Defendant RAFAEL GUTIERREZ AYALA via Grant Deed, on or about January 21, 2021, as a bona fide purchaser without knowledge of AYALA's allegations. The causes of action are: 1. QUIET TITLE 2. EQUITABLE SUBROGATION (TO IMPRESS EQUITABLE LIEN) 3. PARTITION BY SALE OF REAL PROPERTY 4. BREACH OF WARRANTY UNDER CAL. CIVIL CODE § 1113. On 7/19/22, RAMIRO AYALA and RA...
2023.06.13 Motion for Sanctions 747
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.13
Excerpt: ...hat Plaintiff was wrongfully terminated from her employment with Defendants DCC Staffing Services Inc. (“DCC”), Ancestral Home Health Care Providers Inc. (“Ancestral”), Ana Lingao (“Lingao”), and Evelyn Borromeo-Cruz (“Borromeo-Cruz”) (collectively, “Defendants”) on approximately March 15, 2021. Plaintiff alleges causes of action for breach of express written contract, breach of implied contract, breach of the covenant of good...
2023.06.12 Demurrer to TAC 492
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.12
Excerpt: ...iff filed a Third Amended Complaint, alleging: Before and during Plaintiff's dental treatments, each defendant misrepresented, in a marketing scheme, to Plaintiff and others, that Defendant EDWARD MORANDO was licensed, authorized and qualified to perform tooth extractions and other dental services. Defendants ST. JOHN'S WELL CHILD & FAMILY MEDICAL CENTER and KOUROSH MICHAEL BERAL, D.D.S. and DR. DEHGHAN- SHIRAZI failed to properly train, screen, ...
2023.06.09 Motion for Protective Order, for Terminating or Issue Sanctions 671
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.09
Excerpt: ...OUNDATION. RP: 1. Plaintiff. 2. Defendant NANCY BARGMANN. Defendant HARBOR DEVELOPMENTAL DISABILITIES FOUNDATION. Summary On 11/8/21, Plaintiff filed a Complaint. On 3/15/22, Plaintiff filed a First Amended Complaint alleging: Plaintiff is an association of Hispanic/Latinx families having developmentally disabled children entitled to state-funded services, under the Lanterman Developmental Disabilities Services Act. Welf. & Inst. Code §§ 4500 e...
2023.06.08 Demurrer to FAC, Motion to Strike 989
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.08
Excerpt: ...al property for rent and claimed that it was equipped with central air and heating, and Defendant MOLLY WAGGONER verbally stated similarly, but there actually were a myriad of habitability issues, including inadequate heat. The causes of action are: 1. NEGLIGENCE; 2. BREACH OF CONTRACT; 3. TENANT HARASSMENT (L.A.M.C.1145.32, et seq); 4. UNLAWFUL EVICTION (LA.M.C. 1149.99, et seq); and 5. FRAUDULENT MISREPRESENTATION. MP Positions Moving party req...
2023.06.07 Motion for Leave to File Complaint, Amended Answers 819
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.07
Excerpt: ... Hart Union High School District, and Inglewood Unified School District. The causes of action are: 1. BREACH OF CONTRACT; 2. OPEN BOOK ACCOUNT; 3. VIOLATION OF CAL. PUB. CON. CODE § 7107, ET.SEQ.; 4. BREACH OF CONSTRUCTIVE TRUST; 5. CONVERSION OF PERSONAL PROPERTY; 6. TO RECOVER MONEY DUE ON PAYMENT BOND ON PUBLIC WORK. MP Positions Moving parties requests an order allowing leave to file a proposed cross-complaint, and to amend answers to add af...
2023.06.07 Motion to Compel Deposition, Production of Docs, for Monetary Sanctions 477
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.07
Excerpt: ...t. On 1/8/16, plaintiffs filed a First Amended Complaint, alleging acts of corporate looting and disloyalty, done by TENG HUANG, against MAGNUS SUNHILLGROUP, LLC, and its minority members. The causes of action are: (1) BREACH OF FIDUCIARY DUTY; (2) RESCISSION; (3) QUIET TITLE; (4) SLANDER OF TITLE; (5) DECLARATORY RELIEF; (6) ABUSE OF CONTROL; (7) CORPORATE WASTE; (8) CONVERSION; (9) TRESPASS TO CHATTEL; (10) FRAUD / INTENTIONAL MISREPRESENTATION...
2023.06.06 Motion to Compel Further Responses, for Sanctions 348
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.06
Excerpt: ...lectrical defects, manufactured and warranted by Defendant JAGUAR LAND ROVER NORTH AMERICA, LLC MP Positions Moving party requests an order compelling Defendant to serve further responses to document requests including numbers: 18, 20, 21, 25-29, and 31-34, and imposing $2125 in monetary sanctions, on grounds including the following: · Aside from asserting meritless objections, Defendant has failed to provide any substantive response to many of ...
2023.06.06 Motion to Compel Deposition, for Monetary Sanctions 958
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.06
Excerpt: ... accurate wage statements. The causes of action are: 1. FAILURE TO PAY WAGES [VIOLATION OF LABOR CODE §1194] 2. FAILURE TO PAY WAGES AT TIME OF TERMINATION/SEPARATION [VIOLATION OF LABOR CODE §§201-203] 3. FAILURE TO PAY OVERTIME WAGES [VIOLATION OF LABOR CODE §510] 4. FAILURE TO PROVIDE MEAL AND REST PERIODS [VIOLATION OF LABOR CODE §226.7] 5. FAILURE TO PROVIDE ACCURATE AND COMPLETE WAGE STATEMENTS [VIOLATION OF LABOR CODE §226] 6. UNFAIR...
2023.06.06 Demurrer to TAC, Motion to Strike 492
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.06.06
Excerpt: ...nded Complaint. On 1/27/23, Plaintiff filed a Third Amended Complaint, alleging: Before and during Plaintiff's dental treatments, each defendant misrepresented, in a marketing scheme, to Plaintiff and others, that Defendant EDWARD MORANDO was licensed, authorized and qualified to perform tooth extractions and other dental services. Defendants ST. JOHN'S WELL CHILD & FAMILY MEDICAL CENTER and KOUROSH MICHAEL BERAL, D.D.S. and DR. DEHGHAN- SHIRAZI ...
2023.05.23 Demurrer, Motion to Strike 800
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.23
Excerpt: ...with Defendant Weng, who signed her name as the "representative for New Force Intemational Education, and Plaintiff paid a total of S39,950 00 Defendant Weng deliberately used different business entities in the Sen-ice Contract, and on her business card, to confuse Plaintiff and to create the false impression that she was a successåLl businesswoman with great resources and capabilities. The causes of action are: 1 INTENTIONAL MISREPRESENTATION 2...
2023.05.19 Motion to Compel Deposition, for Attorney Fees, for Sanctions 246
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.19
Excerpt: ...s-Defendant SHASHA ZHENG filed a Complaint. On 11/4/22, Plaintiff filed a motion for leave to file a proposed First Amended Complaint: adding a Cause of Action for THEFT PURSUANT TO PENAL CODE $96: and 7th Cause of Action for BREACH OF FIDUCIARY DUTY - DUTY OF LOYALTY On 12/9/22, Plaintiff filed a First Amended Complaint, alleging- Starting August 2, 2017, the day after the parties stated date of marriage separation: Defendant/Cross-Complainant X...
2023.05.17 Motion to Compel Further Responses, for Monetary Sanctions 937
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.17
Excerpt: ... Brea Ave, Los Angeles, received complaints from tenants regarding the uptick in violence in the area: but defendants ignored the concerns: and on or about 1 / 18/20, plaintiffs were visiting friends at the property: when an unknown individual shot both plaintiffs. The cause of action is Negligence. MP Positions Moving parties request an order comrrlling frit-ther responses to special interrogatories 7, 8, 10, and 26: and document requests 2, 4-8...
2023.05.16 Motion to Compel Responses, to Compel Depositions of PMQs 639
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.16
Excerpt: ...nded Complaint: alleging: This action for negligence and strict liability arises out of an incident that occulTed on December 26, 2015 _ Oleg Alexandrov was driving east on the 10 Freeway approaching Crenshaw Blvd and dountown Los Angeles. Marianna Alexandrov was sitting in the passenger seat while their two young grandchildren were passengers in the rear seats. Mr. Alexandrov was driving a Toyota Ray 4 in the number two lane Mr. Alexandrov was d...
2023.05.10 Application for Statutory Buyout, for Reconsideration 394
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.10
Excerpt: ...NTRALIA G P_: LLC; INAMERICA HOLDINGS, LLC; DEBRA L. DUGGAN; and PROLAND IVLQNAGENIENT CONIPANY LLC Defendants . Kevin Singer, Superior Coun Receiver Plaintiffs MICHAEL N. KOENIG: LAUREN M. KOENIG; and Kevin Singer, Superior Court Plaintiffs _ Defendants Summary On 8/10/18, plaintiffs MICHAEL N. KOENIG: LAUREN M. KOENIG, individually and derivatively on behalf of CENTRALIA LIMITED INVESTORS, LP: filed a Complaint. On 12/12/22, plaintiffs filed a ...
2023.05.09 Motion for Attorney Fees 866
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.09
Excerpt: ...ng failures to pay minimum wages, pay overtime wages, provide meal and rest breaks or compensation in lieu thereof: produce Plaintiffs' employee file and payroll records upon request, provide itemized employee wage statements: and pay wages upon tennination_ The jury rendered the verdict for plaintiffs: on 2/17/22 Judgment was filed 9/9/22. Notice of judgment Ivas filed 10/25/22 The motion for attorneys' fees was filed 12/23/22 MP Positions Movin...
2023.05.05 Motion to Compel Further Responses, for Monetary Sanctions 246
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.05
Excerpt: ...S COMPLIANCE TO RFPD2: AND REQUEST FOR MONTEARY SANCTIONS AGAINST DEFENDANT IN THE suvl OF S7:951 01. MOTION COMPEL DEFENDANT/CROSS-COMPLAINANT TO PROVIDE FURTHER SUPPLENIENTAL RESPONSES TO REQUEST FOR ADMISSIONS: SET TWO: AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT IN THE suvl OF 01. Notice. Okay Opposition MP: Plaintiff/Cross-Defendant SHASHAZHENG_ RP: XIIJWAN HU Summary On 8/3/20, Plaintiff/Cross-Defendant SHASHA ZHENG filed a Complai...
2023.05.05 Motion for Attorney Fees 965
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.05
Excerpt: ...d to filing this motion: on grounds including the following: On 10/13/22, Plaintiff executed Defendant MERCEDES-BENZ USA: LLC's Offer to Compromise. The motion is brought to determine reasonably incurred costs: expenses, and attomey' s fees (Civ. Code 1794(d)) that Defendant obligated itself to pay Plaintiff submitted detailed time records for all persons who have worked on this matter, and receipts for all costs and expenses incurred (motion, ex...
2023.05.04 Motion to Compel Further Responses, for Monetary Sanctions 178
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.04
Excerpt: ...ed after a reasonable number of attempts MP Positions Moving party requests an order compelling Defendant to finther document responses, and imposing monetary sanctions, on grounds including the following: Defendant's responses contain indiscriminate and improper boilerplate objections. W'hile FCA usually says it ' 'ivill comply in frill," that is inaccurate because FCA does not state that it has produced all responsive documents, cherry picks wh...
2023.05.04 Motion for Prejudgment and Postjudgment Interest on Wages Owed 866
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.04
Excerpt: ...s Paul Mander ('Mander"), Sergio Venegas Venegas"), and Jaime Venegas C 'J. Venegas") (collectively: 'Defendants') for: (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide rest periods or compensation in lieu thereof; (4) failure to provide meal periods or comrrnsation in lieu thereof; (5) failure to provide employment records upon request; (6) knowing and intentional failure to comply with itemized employe...
2023.05.03 Motion for Summary Adjudication 200
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.03
Excerpt: ...eging that, on or about Nowember 17, 2016, Plaintiff purchased a used 2015 Rolls Royce Ghost, under express written warranty: but the vehicle kept experiencing unrepaired defects, and/or nonconformities: and defendants conspired to secretly place tamper seal material on the vehicle, without Plaintiffs knowledge or consent, to to,' to catch Plaintiff tampering with the vehicle, which never happened, and which reduced the vehicle' s value. Further,...
2023.05.01 Motion to Compel Discovery Responses, for Sanctions 270
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.01
Excerpt: ...etic surgeon who worked for Defendants' medical spa: and Ivas promised by LIU to be paid a yearly salary of S3CH3,CH30, 30% of the business 's profits: and an option for equity in the business: but Plaintiff Ivas only paid a total of S 150,000 The causes of action are: 1 _ BREACH OF WRITTEN CONTRACT; 2 BREACH OF ORAL AND OR IMPLIED-IN-FACT CONTRACT; 3 _ PROMISSORY ESTOPPEL: 4. BREACH OF THE IWLIED CO\ÆNANTS OF GOOD FAITH AND FAIR DEALING; UNJUST...
2023.05.01 Motion to Compel Compliance with Deposition Subpoena for Production of Business Records 121
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.05.01
Excerpt: ...URLNG COMPANY, mc. filed a Complaint On 8/25/21, Plaintiff filed a First Amended Complaint: alleging: Defendant WFBM, LLP provided legal representation as to a defensible asbestos case-- Norris Morgan v. J-M Man4facturing Company, Inc.: LASC Case No. BC695605: in which the underlying case plaintiffs were represented by Simmons Hanly Conroy, LLC (SHC), with lead trial associate Scott Peebles_ But Defendant grossly poorly represented Plaintiff, in ...
2023.04.27 Motions to Compel Further Responses 481
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.27
Excerpt: ...ntiffs Dr. Payam Vahedifar ("Mr. Vahedlfar%) and Shadi Vahedifar ('Ms. Vahedifar") (collectively, "Plaintiffs") The Coun has considered the moving, opposition and reply pape:rs_ BACKGROUND This action arises out ofa landlord/tenant relationship. Plaintiffs' complaint (the ' 'Complaint") alleges: (1) violation of Civil Code section 1950 5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepre...
2023.04.27 Motion to Strike Punitive Damages 653
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.27
Excerpt: ...alleging that plaintiffs are tenants at 625 S _ Burlington Ave.. Los Angeles, which has uninhabitable conditions, including cockroach infestations: widespread mold contamination, open exposure to raw sewage, plumbing issues, faulty and insufficient utilities, structural defects, and deficient security The causes of action are: 1 BREACH OF THE WARRANTY OF HABITABILITY 2 NEGLIGENCE 3 BREACH OF QUIET ENJOYVIENT 4 NUISANCE VIOLATION OF CALIFORNIA CIV...
2023.04.27 Motion to Compel Deposition, to Continue Trial 457
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.27
Excerpt: ...nto a uritten subcontract providing for Plaintiff to forming, concrete, shotcrete: rebar, and masonry work at the real property commonly known as 6933 Santa Monica Blvd, Los Angeles, but defendants interfered u.ith the subcontract performance and caused a delay in the construction schedule _ The causes of action are: 1 _ BREACH OF WRITTEN CONTRACT; 2 GOODS: WARES AND SOLD AND DELIVERED; 3 _ OPEN BOOK ACCOUNT; 4. ACCOUNT STATED On 2," 18/22, Defen...
2023.04.27 Motion for Terminating Sanctions 330
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.27
Excerpt: ...east nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. Plaintiff s complaint (the ' 'Complaint") alleging: (1) retaliation pursuant to &xle section 1102.5; (2) retaliation pursuant in violation of Labor Code section 6310; (3) common law assault; (4) common law battery; (5) negligent hiring, supervision, or retention of em...
2023.04.27 Motion for Reconsideration 855
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.27
Excerpt: ...t of an alleged breach of an agreement (the "Agreement') to purchase real properV (the "Property') entered into by Moving Defendant as the seller of the Property and Plamtiffs predecessor in interest, HSK Properties, LLC. On December 15, 2022, the Court granted a motion to expunge lis pendens (the "Lis Pendens Motion") filed by Defendant and ordered that the lis pendens placed on the Property by Plaintiff be expunged on the grounds that Plaintiff...
2023.04.27 Demurrer, Motion to Strike 394
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.27
Excerpt: ...iled a Complaint. On 12/12/22, plaintiffs filed a Fourth Amended Complaint: alleging: Plaintiffs are limited partners and co-owners of a interest in CENTRALIA LIMITED INVESTORS: LP_ Defendant, DONALD E. HOLLINGSHEAD was, before his passing and ensuing Probate proceedings, an individual who was the shareholder member: President and a director of the General Partner or acting General Partner of CENTRALIA APARTNIENTS: CENTRALIA LIMITED and PIONEER 2...
2023.04.24 Petition to Compel Arbitration 253
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.24
Excerpt: ...endant Nissan North America: Inc. and shortly thereafter experienced unrepaired problems, such as with air conditioning system failure, display issues: and squeaking brakes. MP Positions Moving party requests an order appomtmg arbitrators other than with the AAA, and requiring Defendant to timely pay arbitration fees, on grounds including the following: Can Defendant turn the "Ord "may" into "must: " and render the clause illusory when Defendant ...
2023.04.24 Motion for Summary Judgment 496
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.24
Excerpt: ...e: Media Screen, Brakes, Active Distance Assist, Engine Coolant System, Tire Pressure Monitor, Driver: s Window, Left Head Lamp Control Unit, Adaptive High Beam System, Camera System, Parktronic Sensors: Brake Lamp Switch, Active Brake Assist System, Active Distance Assist System, Cigarette Lighter: and Rear Parking Sensor. MP Positions Moving party requests an order granting summary adjudication of the First, Second, Fourth, Fifth and Sixth caus...

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