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529 Results

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Judge: Mackey, Malcolm x
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 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...
2023.07.28 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 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...

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