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Location: Los Angeles x
Judge: Mackey, Malcolm x
2021.10.13 Motion for Summary Adjudication 003
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.10.13
Excerpt: ...American, Fire Prevention Officer in the department) filed a Complaint alleging that defendants subjected them to continuous discrimination and harassment, based on race, disabilities, and protests, including public belittlement, false accusations and evidence tampering. The causes of action are: 1. REDRESS PROSCRIBED HARASSMENT 2. REDRESS DFEH PROSCRIBED RACE DISCRIMINATION 3. REDRESS DISABILITY DISCRIMINATION 4. REDRESS DFEH-PROSCRIBED RETALIAT...
2021.10.12 Demurrer, Motion to Strike 686
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.10.12
Excerpt: ... tenant at 457 W. Front Street, Apt. 4, Covina, and Defendant PI PROPERTIES NO. 143 LLC never effected service of the eviction summons on Plaintiff, but obtained the Default Judgment based on a fraudulent proof of service filed in the underlying unlawful detainer action, with the participation of other defendants as co-conspirators. Further, Plaintiff alleges that the premises had various uninhabitable conditions, and The causes of action are: 1....
2021.09.23 Motion to Strike 981
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.23
Excerpt: ... GRANTED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition and reply. “Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. ...
2021.09.23 Motion to Compel Further Responses, for Monetary Sanctions 480
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.23
Excerpt: ...n 2/16/21, Plaintiff filed a First Amended Complaint, alleging that defendants created a mentorship and networking group called “100MME,” and fraudulently promised Plaintiff and other successful entrepreneurs that if they invested $100,000, then they would (i) receive a level of mentorship and coaching that had “literally never been done before,” including access to exclusive in-person events held at various high-end venues throughout the...
2021.09.23 Demurrer, Motion to Strike 686
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.23
Excerpt: ...-represented litigant, filed a Complaint. On 5/18/21, Plaintiff filed a First Amended Complaint, alleging that Plaintiff was a tenant at 457 W. Front Street, Apt. 4, Covina, and Defendant PI PROPERTIES NO. 143 LLC never effected service of the eviction summons on Plaintiff, but obtained the Default Judgment based on a fraudulent proof of service filed in the underlying unlawful detainer action, with the participation of other defendants as co-con...
2021.09.08 Motion to Compel Further Responses 608
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.08
Excerpt: ...ed a 2016 Nissan Sentra, having serious defects and nonconformities to warranty, including, the transmission and related systems engine and related system, brake and related system, emissions system, lack of power, smoke from exhaust, vehicle stalling, vehicle shutting off, and mass air-flow meter. The causes of action are: 1. SONG-BEVERLY CONSUMER WARRANTY ACT – BREACH OF EXPRESS WARRANTY; 2. SONG-BEVERLY CONSUMER WARRANTY ACT – BREACH OF IM...
2021.09.07 Motion to Compel Further Responses 169
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.07
Excerpt: ...SSOCIATES LLC filed a Complaint for Declaratory Relief, against Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (AGLIC), and others. On 7/17/20, plaintiffs filed a First Amended Complaint, alleging defendants refuse to pay under the terms of insurance policies issued to P.F. Chang's, in connection with P.F. Chang's claim for coverage of losses it has incurred as a result of the SARS-CoV-2 pandemic, including orders preventing the use...
2021.09.02 Motion to Expunge Lis Pendens 426
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.02
Excerpt: ...ST, as holder, and assignee, of a construction-related deed of trust, on 5055 Mount Helena Ave, Los Angeles, wrongfully foreclosed, during when Plaintiff genuinely disputed a grossly inflated pay-off amount, thereby interfering with Plaintiff's commenced (but not completed) sale, of its property, to co-Defendant REBECCA DARNELL who has taken possession of the property without paying rent. The causes of action are: 1) QUIET TITLE TO REAL PROPERTY ...
2021.09.02 Motion to Compel Further Responses 390
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.09.02
Excerpt: ...COMPANY. RP: Plaintiff Summary On 10/14/20, Plaintiff GARDASH LLC d/b/a GQ HOOKAH LOUNGE filed a First Amended Complaint alleging that, on or about March 12, 2020, Plaintiff's residential property was damaged, when a water pipe accidentally burst and flooded the property, and Defendant PENN- STAR INS. CO. wrongfully denied coverage under its insurance policy, after doing various bad faith insurance practices. Additionally, the individual defendan...
2021.08.30 Motion for Summary Judgment, Adjudication 316
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.30
Excerpt: ...olation of Public Policy; (2) Retaliation in Violation of Public Policy; (3) Disability Discrimination (FEHA); (4) Hostile Work Environment Harassment (FEHA); (5) Failure to Provide Timely Access to Employee Payroll and Personnel Records; (6) Failure to Prevent Harassment, Discrimination, or Retaliation (FEHA); (7) Failure to Engage in the Interactive Process (FEHA); (8) Failure to Provide Reasonable Accommodations (FEHA); (9) Failure to Provide ...
2021.08.30 Motion for Attorney Fees 660
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.30
Excerpt: ...-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONG-BEVERLY ACT SECTION 1793.2 4. VIOLATION OF THE SONG-BEVERLY ACT SECTION 1793.22 - TANNER CONSUMER PROTECTION ACT 5. NEGLIGENT REPAIR. The case settled, starting with the stipulations filed 9/17/20 and 11/2/20. MP Positions Moving parties request the Court to award attorney fees and costs ($22,821.50, with multiplier of ...
2021.08.06 Motion for Summary Judgment, Adjudication 505
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.06
Excerpt: ...No. BC560906, was conducted negligently, and in a conflicted manner advantageous to its client Farmers Insurance, which caused an adverse judgment by Judge Fruin, after trial, and Plaintiff's need to settle the for $170,000, so that the court would not award attorney's fees estimated at about $200,000. On 1/14/21, plaintiffs filed the Second Amended Complaint, having causes of action for: 1. BREACH OF FIDUCIARY DUTY 2. NEGLIGENCE. Per the 6/22/20...
2021.08.06 Motion to Compel Further Responses, for Monetary Sanctions 278
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.06
Excerpt: ...fendants KARKOUR SIMONIAN, SIMON SIMONIAN, KARKOUR FINE JEWELRY, INC., and KFJ TRADING INC., alleging that, as collateral for a debt, Defendants fraudulently provided Plaintiff with twenty-five wrist watches that Defendants represented to Plaintiff were valued at $140,331, but the worth was actually $57,500 or less. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 3. QUANTUM MERUIT 4. ACCOUNT ST...
2021.08.05 OSC Re Contempt 148
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.05
Excerpt: ...contractual obligations owed to CityLift, disparaging CityLift to its customers, stealing CityLift's trade secrets and proprietary information, and using those trade secrets to unfairly compete against CityLift. Defendants' attack has caused CityLift significant economic injuries as well as damage to its business reputation, goodwill, and position in the marketplace, and Defendants will continue to cause such harm until the Court grants CityLift ...
2021.08.05 Motion for Protective Order 224
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.05
Excerpt: ...efective plumbing, flooring and weather proofing, defective flooring, defective windows, defective doors, and cockroach, bedbug, and rodent infestations. The causes of action are: 1. VIOLATION OF CIVIL CODE § 1942.4 2. TORTIOUS BREACH OF THE WARRANTY OF HABITABILITY 3. PRIVATE NUISANCE 4. BUSINESS & PROFESSIONS CODE § 17200 ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET ENJOYMENT 7. VIOLATION OF LOS ANGELES MUNICIPAL CODE §§ 152.06, 152...
2021.08.04 Motion to Amend Judgment 811
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.04
Excerpt: ...mprovement agreement, after fire damage caused to the individual owner defendants' home. The causes of action are: 1. BREACH OF OBLIGATION TO PAY MONEY 2. BREACH OF WRITTEN CONTRACT 3. FORECLOSURE OF MECHANIC'S LIEN 4. REASONABLE VALUE OF LABOR AND MATERIALS FURNISHED. On 5/2/19, the Court entered judgment in favor of Defendants STACY BARNHISEL and JOSHUA HABER and against Plaintiff TRICOAST BUILDERS, INC. The Judgment was affirmed by unpublished...
2021.08.03 Motion for Summary Judgment, Adjudication 044
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.03
Excerpt: ...as found barely conscious and in pain on the floor of the Defendant's patient care facility, suffering from blunt head trauma,” due to defendant's negligent acts. Complaint, 4:18-19. Another patient heard Mrs. Lam fall, and repeatedly called for Sunny View staff for 15 minutes, before anyone responded. “[T]hat staff member failed to immediately call 911, family members, or the staff doctor, despite Mrs. Lam's obvious head trauma and physical ...
2021.08.03 Demurrer 381
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.08.03
Excerpt: ...nd Defendants undertook to act on Plaintiff's behalf in acquiring a suitable property for Plaintiff, but made misrepresentations about property desirability, to induce Plaintiff's undesired purchase, resulting in Defendant's obtaining a commission. The causes of action are: (1) BREACH OF CONTRACT (2) NEGLIGENT MISREPRESENTATION (3) BREACH OF FIDUCIARY DUTY. MP Positions Moving party requests an order sustaining the demurrer to the 1 st and 3 rd C...
2021.07.30 Motion for Attorney Fees, to be Relieved as Attorney of Record 614
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.30
Excerpt: ...that defendants breached two settlement agreements, accepted by email and by conduct, regarding Plaintiff's underlying case, about being unable to obtain or sell the vast majority of his shares of Global Eagle Entertainment, Inc. stock. The causes of action are: (1) BREACH OF WRITTEN CONTRACT (2) BREACH OF WRITTEN CONTRACT. On 3/18/19, Defendant filed a Cross-Complaint against Plaintiff, having claims for: (1) BREACH OF CONTRACT (2) DECLARATORY R...
2021.07.29 Demurrer, Motion to Strike 053
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.29
Excerpt: ...n 11/24/20, Plaintiff filed a First Amended Complaint alleging: Defendants unlawfully discriminated in employment, on account of religion, age and disability. Plaintiff experienced an increasingly hostile and retaliatory work environment, which she believes was a result of discriminatory acts, resulting in threats to change accommodation of her work hours that had been established since her employ, and inadequate updates in training and notice of...
2021.07.28 Motion for Protective Order 789
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.28
Excerpt: ...nd on the sidewalk, and violated laws in store operation. Defendant and Cross-Complainant SOLEYMAN SEFARADI filed a First Amended Cross- Complaint seeking an equitable easement over the LARSON'S property. MP Positions Moving parties request to issue protective orders, for reasons including the following:  The Court should find that Albees Defendants fail to meet their burden of justifying the number of the interrogatories. There is no justific...
2021.07.27 Motion for Sanctions 053
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.27
Excerpt: ...on account of religion, age and disability. Plaintiff experienced an increasingly hostile and retaliatory work environment, which she believes was a result of discriminatory acts, resulting in threats to change accommodation of her work hours that had been established since her employ, and inadequate updates in training and notice of changes in work procedures. Defendants subjected Plaintiff to a deliberate course of harassment, demeaning remarks...
2021.07.26 Motion to Quash Deposition Subpoena 675
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.26
Excerpt: ...sfer made without consideration to the Plaintiff and to the community property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests an order quashing Defendant's deposition subpoenas (to Rivera Health Care Center, and Chase Bank), and awarding monetary sanctions ($3,540, for each motion), on ground...
2021.07.20 Motion to Stay Proceedings 376
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.20
Excerpt: ...  Plaintiff filed an earlier class action on December 16, 2020, entitled Justin Grant, individually and on behalf of himself and all other similarly situated, v. T-Mobile USA, Inc., Los Angeles County Superior Court Case No. 20STCV48067, which was removed to the United States District Court.  There are two courts potentially ruling on the same labor code violations involving the same employer and employees.  Plaintiff does not dispute th...
2021.07.16 Motion to Quash Deposition Subpoena, for Protective Order 060
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2021.07.16
Excerpt: ...On 10/23/19, Plaintiff filed a Complaint alleging that, as the result of a staged car accident, Plaintiff reasonably relied to its detriment on the Defendants' misrepresentations that repair costs for purported damage to a 2016 Mercedes-Benz S600 Maybach were $45,730.03, which Safeco paid to Defendants pursuant to an automobile insurance policy. On 4/26/21, Defendant SARKIS EKIMYAN filed a form Cross-Complaint against Plaintiff, alleging breach o...

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