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2023.04.20 Motion for Terminating, Issue, Evidentiary Sanctions 639
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.20
Excerpt: ...mended 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. Alexandrov was driving a Toyota Ray 4 in the number two lane of travel. Mr. Alex...
2023.04.19 Motion for Attorney Fees 468
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.19
Excerpt: ... 51 Eucalyptus trees that are actually attractive and desirable, and not really dangerous, diseased or unhealthy, as the Association claims. On 11/2/22, Plaintiff filed a request for dismissal of the entire action. MP Positions Moving party requests an order awarding $11,991.70 in attorneys' fees against Plaintiff, on grounds including the following: · The defense litigation objective here was to defeat the imposition of an injunction preventing...
2023.04.18 Motion to Compel Arbitration and Stay Proceedings 965
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.18
Excerpt: ...ly touching, adverse employment actions, discrimination, harassment and retaliation, based on gender, Plaintiff was forced to resign. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF FEHA 2. FAILURE TO PREVENT DISCRIMINATION (FEHA) 3. HARASSMENT IN VIOLATION OF FEHA 4. FAILURE TO PREVENT HARASSMENT IN VIOLATION OF FEHA 5. RETALIATION IN VIOLATION OF FEHA 6. FAILURE TO PREVENT RETALIATION (FEHA) 7. RETALIATION IN VIOLATION OF LABOR CODE...
2023.04.18 Motion for Judgment on the Pleadings 406
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.18
Excerpt: ...nt, alleging: For years, defendants have been trying to drive Plaintiff out of her leased premises, including by fraud. Plaintiff successfully 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 assign...
2023.04.14 Motion for Summary Judgment, Adjudication 715
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.14
Excerpt: ...ing him, or putting him in handcuffs, and pointing a gun at him. The causes of action are: 1. UNLAWFUL SEARCH AND SEIZURE IN VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983 - FOURTH AMENDMENT 2. DENIAL OF EQUAL PROTECTION IN VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983 - FOURTEENTH AMENDMENT 3. VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983 - SUPERVISORY LIABILITY 4. VIOLATION OF CAL. CIVIL CODE § 52.1 (B) - BANE ACT ...
2023.04.13 Demurrer 549
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.13
Excerpt: ...make Plaintiff angry, and some unknown people in the community engaged in terrorism. Plaintiff requests the complaint allegations be forwarded to the F.B.I. if this case is denied. No causes of action are stated. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · TELECARE CORPORATION is a California corporation that is a health care provider for mental health services for s...
2023.04.12 Motion to Compel Further Discovery Responses, for Sanctions 626
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.12
Excerpt: ... GENERAL MOTORS (Defendant) regarding a 2018 Chevrolet Malibu, which had nonconformities remaining unrepaired after a reasonable number of attempts. MP Moving parties request an order compelling Defendant to provide further responses to and overrule Defendant's objections to Plaintiffs' First Set of Requests for Production of Documents (Requests), and awarding $2,685.00 sanctions, on grounds including the following: · Defendant provided inadequa...
2023.04.12 Motion for Protective Order 249
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.12
Excerpt: ...cing 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 HARASSMENT (CAL. GOV. CODE § 12940(H)) 4) WRONGFUL CONSTRUCTIVE TERMINATION IN VIOLATION OF PUBLIC P...
2023.04.11 Motion for Protective Order 574
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.11
Excerpt: ... in the amount of $27,290.00. The causes of action are: 1. FORECLOSURE OF MECHANIC'S LIEN; 2. BREACH OF WRITTEN CONTRACT; 3. COMMON COUNTS; 4. UNJUST ENRICHMENT; 5. STATUTORY PROMPT PAYMENT PENALTIES. On 6/30/20, defendants filed a Cross-Complaint. On 9/21/22, defendants filed a First Amended Cross-Complaint against plaintiffs and others, alleging that plaintiffs did substandard remodeling work on defendants' residence. Those Causes of Action are...
2023.04.06 Motion to Compel Further Discovery Responses 520
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.06
Excerpt: ...age-and hour violations. The causes of action are: 1. FAILURE TO PAY MINIMUM WAGE (Cal. Lab. Code S 1197), 2 FAILURE TO CONIPENSATE FOR ALL HOURS WORKED (Cal. Lab. Code S 1198); 3. FAILURE TO PAY OVERTIME CONIPENSATION (Cal. Lab Code 1198); 4. FAILURE TO PAY NEAL PERIOD COMPENSATION (Cal. Lab. Code S 226.7), FAILURE TO PAY REST PERIOD COMPENSATION (Cal. Lab. Code 226.7); 6. FAILURE TO FURNISH ACCURATE WAGE AND HOUR STATEMENTS (Cal. Lab. Code S 22...
2023.04.06 Motion to Compel Deposition and Responses, for Monetary Sanctions 937
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.06
Excerpt: ...uted a frivolous lawsuit against her: a former employee of defendants: for purposes of retaliating and preventing her from exercising her rights to freedom of speech and to petition the Court with a case for wrongåul employment termination, and defendants ultimately dismissed their case. The causes of action are: 1 _ WRONGFUL USE OF CIVIL PROCEEDINGS/ WLALICIOUS PROSECUTION 2 ABUSE OF PROCESS MP Positions Moving party requests an order compellin...
2023.04.06 Motion for Issue, Evidentiary, Monetary, or Terminating Sanctions 263
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.06
Excerpt: ...position MP: Plaintiff RP: Defendant Summary On 10/18/21, PlaintiffLMARCENE IRIGOYEN filed a Lemon Law Complaint alleging that Plaintiffs purchased 2020 Cadillac XTS vehicle has knoun defects involving the infotainment and backup camera systems, which Defendant has been unable to repair within a reasonable time, but Defendant failed to repurchase it: in Ivillftl violation of Song-Beverly Consumer Warranty Act. MP Positions Moving party requests a...
2023.04.05 Motion to Strike 832
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.05
Excerpt: ...of providing reasonable accommodations, like part-time work from home, and Defendant assened the pretext of needing a frill-time employee. The causes of action are: WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICIES. MEDICAL LEAVE RETALIATION. MEDICAL LEAVE DISCRIMINATION RETALIATION FOR REQUESTING AND USING ACCOMMODATIONS 4. FOR DISABILITIES. . FAILURE TO ENGAGE IN A TINIELY, GOOD FAITH, INTERACTIVE PROCESS TO DETERMINE REASONABLE ACCOMMODATIO...
2023.04.04 Motion to Compel Arbitration, to Stay 915
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.04
Excerpt: ...nts BECKMAN, BURRELL HYNES: NATIONAL and EVENTUS: including as managers and membership interest owners of plaintiffs, through their mutual and continuing scheme, including under- reporting residual income of plaintiffs and over-reporting operating expenses, stole all assets of plaintiffs: and 50% of Plaintiff LAW's ownership interest therein, in violation of operating agreements and in breach of related covenants of good faith and fair dealing. T...
2023.04.04 Demurrer, Motion to Strike 846
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.04
Excerpt: ...de Carport Number 1 : or Plaintiff wants at least S 1 Cuco to cover losses, instead of the $20,000.00 Defendant attempted to provide. The causes of action are: BREACH OF CONTRACT _ . NEGLIGENCE MP Positions Moving parties request an order sustaining the demurrer to the Complaint: and granting the motion to strike allegations regarding attorneys fees, on grounds including the following: The contract claim is uncertain. It is impossible for these d...
2023.04.03 Petition to Compel Arbitration and Stay Proceedings Pending Outcome of Arbitration 468
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.03
Excerpt: ...inimum wages, and failed to maintain records. MP Positions Moving parties request an order compelling Plaintiff into arbitration staying or dismissing the proceedings, on grounds including the following: Plaintiff signed a completely optional arbitration agreement, February 7: 2022: which requires him to submit any disputes related to his employment to individual arbitration. Plaintiff voluntarily agreed to pursue any claims on an individual basi...
2023.04.03 Motion for Summary Judgment, Adjudication 226
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.04.03
Excerpt: ...nt: as insurer, asserted boilerplate exclusionary language related to workers compensation benefits, only as to Plaintiff MORALES, yet policy proceeds were not timely paid to SULAHIAN, nor was there any explanation as to why policy limits were not tendered to him. Defendants have not provided any analysis, investigation: or legal and/or factual analysis as to the preliminary determination of the required employee/employer relationship required un...
2023.03.30 Motion to Compel Further Responses 865
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.30
Excerpt: ... pretext of employees ' sexual harassment complaints: whereas it was actually because he reported to a Human Resources manager that his supervisor was smoking marijuana during work hours at work _ The causes of action are: 1. RETALIATION IN VIOLATION OF LABOR CODE 1102.5 2 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY 3 _ UNLAWFUL DENIAL OF REASONABLE ACCOLWv10DATION OF A DISABILITY 4. FAILURE TO ENGAGE IN TIIMELY: GOOD FAITH, INTERACTIVE PR...
2023.03.28 Motion for Protective Order 564
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.28
Excerpt: ...AY REGULAR WAGES AND MINIMUM WAGES IN VIOLATION OF LABOR CODE 1194, 201, 218.5 (2) FAILURE TO PAY PAID TILME OFF ("PTOS") IN VIOLATION OF LABOR CODE S 227.3 (3) FAILURE TO REIMBURSE BUSINESS EXPENDITURES IN VIOLATION OF LABOR CODE 2802 (4) FAILURE TO PROVIDE ACCURATE WAGE STATEMENTS IN VIOLATION OF LABOR CODE 226 (5) LIQUIDATED DAMAGES IN VIOLATION OF LABOR CODE S 1194.2 (6) WAITING TILME PENALTIES IN VIOLATION OF LABOR CODE 201 AND 203 (7) RETAL...
2023.03.27 Motion to Compel Further Responses, Production of Docs 131
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.27
Excerpt: ... a 2015 Dodge Journey which has unrepaired issues, including engine, HVAC and electrical. MP Positions Moving party requests an order compelling Defendant's ftlther document responses and production, on grounds including the following: Service of some supplemental responses after the motion was filed, does not fully resolve the motion. Plaintiff would still entitled to an order. Defendant FCA failed to fflther verified, Code-compliant responses: ...
2023.03.27 Motion to Compel Deposition, Production of Docs 875
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.27
Excerpt: ...laintiff filed a First Amended Complaint: alleging that defendants wrongftlly terminated his employment, based on age discrimination: and fraudulently induced Plaintiffto sign a severance agreement: release: and illegal noncompetition agreement prohibiting work for Porsche: which he did not fully understand due to limited fluency in English, because of high- level management' s repeatedly stating that the agreement Ivas drafted to mean that Plain...
2023.03.24 Motion to Strike Punitive Damages 142
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.24
Excerpt: ...ract: (2) Breach of Implied Warranty of Habitability/Tenantability: (3) Breach of Implied Warranty of Quiet Enjoyment: (4) Negligence, (5) Nuisance (Private), and (6) Retaliatory Acts (Violation of Califomia Civil Code 1942_5)_ On 11/15/22, Defendants filed the instant motion to strike punitive damages from Plaintiffs Complaint. On 12/14/22, Plaintiff filed an opposition and on 3/9/23 Defendants replied. MP Positions Plaintiff moves the Coun to s...
2023.03.24 Motion to Compel Further Responses, Deposition, for Sanctions 414
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.24
Excerpt: ...TS AND DEFENDANTS' COUNSEL IN THE AMOUNT OF S: 225 OO Notice. Okay Opposition MP: Plaintiff RP: Defendant Summary On 2/24/21, Plaintiff EILEEN TAHNLAZIAN filed a Complaint On 5/24/21 Plaintiff filed a First Amended Complaint: alleging that defendants caused adverse employment actions and urongful employment termination, based on Plaintiff s age, race, disability, color, and/or national origin The causes of action are: (1) DISCRIMINATION (AGE: RAC...
2023.03.24 Motion to Compel Arbitration and Dismiss Representative Claims 204
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.24
Excerpt: ...rate wage statements. MP Positions Moving party requests an order compelling Plaintiff s Complaint into arbitration, staying this action, and dismissing the representative claims: on grounds including the following: Individual PAGA claims can be compelled to arbitration and once compelled, PAGA claims brought on behalf of other individuals must be dismissed. Viking River Cmises, Inc. v. Moriana (2022) 142 S_Ct_ 1906. Plaintiff, a former employee ...
2023.03.24 Demurrer 299
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.24
Excerpt: ...staining the demurrer to the Complaint, on grounds including the following Without a copy of any evidence of the property transfer to Plaintiff the Complaint fails on the grounds it is ambiguous whether Plaintiff actually has standing to sue. Plaintiff attached a lease agreement to the Complaint which names another Lessor than Plaintiff Though Plaintiff asserts they are the successor in interest to the at-issue lease agreement, Plaintiffhas faile...
2023.03.23 Motion to Compel Arbitration and Stay Proceedings 491
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.23
Excerpt: ...t, vehicle recalls: check engine light illuminating: engine concerns: transmission concerns, vehicle operability concerns, electrical concerns, engine misfiring, vehicle backup light tuming blue, rear doors not opening or closing, multiple windows unable to open or close, abnormal clunking sound while putting vehicle in driwe, rear and driwer side doors not locking or unlocking: inoperable radio Wüme controls, solid black infotainment screen whe...
2023.03.23 Demurrer, Motion to Strike 211
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.23
Excerpt: ...: 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 BREACH OF FIDUCIARY DUTY 6 CONSTRUCTIVE FRAUD 7 ENBEZZLEMENT 8 FRAUD-COUNT TWO 9 CONVERSION-COUNT TWO O FRAUD-COUNT THREE 11. CONVERSION-COUNT THREE 12 FRAUD-COUNT FOUR 13 FRAUD-COUNT FIVE 14 NEGLIGENCE PER SE 15 CIVIL CONSPIRACY 16 TRESPASS TO CHATTELS 17 INJUNCTIVE RELIEF 18...
2023.03.21 Motion to Transfer Venue 013
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.21
Excerpt: ... CODE 2 FRAUD (CONCEALMENT) CACI 1901 3 VIOLATION OF RICO: 18 US C 51962(c) 4 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS NEGLIGENCE 6 WILLFUL MISCONDUCT. MP Positions Moving party requests an order transferring venue to the Superior Court of the State of California for the County of Orange, on grounds including the following: Had she filed her action as a cross-complaint in the Orange County case, the entire action would be stayed rrnding her a...
2023.03.21 Motion to Compel Arbitration of Individual PAGA Claima and Dismiss Non-Individual PAGA Claim 159
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.21
Excerpt: ...dependent contractors. MP Positions Moving party requests an order compelling arbitration, and dismissing the PAGA claim, on grounds including the following In 2017 when Plaintiff Kimberly Costley contracted with Defendant Homeaglow Inc. for use of the Homeaglow platform to connect with individuals looking for cleaning services: she expressly agreed to resolve any disputes through binding bilateral arbitration: pursuant to the Federal Arbitration...
2023.03.15 Motion for Relief from Jury Trial Waiver 774
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.15
Excerpt: ...ated the present action by filing a Complaint against KSJV First Equity, Inc., Superior Plantscapes, and Does 1 through 20 (collectively, “Defendants”), alleging the following causes of action: (1) Discrimination in Violation of Gov't Code §§ 12940 et seq.; (2) Retaliation in Violation of Gov't Code §§ 12940 et seq.; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov't Code § 12940(k); (4) Retaliation in Violation ...
2023.03.13 Motion to Compel Arbitration and Stay Proceedings 253
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.13
Excerpt: ...ed driver-assisting safety systems, concealed from plaintiffs, which cause dangerous driving conditions, such as sudden braking for no reason, and steering outside lanes. 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. FRAUDULENT INDUCEMENT – CONCEALMENT. MP Positions Moving party requests an order compelling arbitration of the Complaint, an...
2023.03.13 Demurrer to FAC 079
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.13
Excerpt: ...in a security interest in Plaintiffs' home, when the security interest and loan documents that Plaintiff ADINA ZAHARESCU signed with NEW HAVEN FINANCIAL, INC., was to finance the acquisition of a Chatsworth Property. The security interest was based on forged changes in the Note and Deed of Trust that she executed on December 29, 2005, as part of the loan documents for the Chatsworth Property transaction, which never closed with NEW HAVEN, but ins...
2023.03.10 Motion for Summary Adjudication, for Summary Judgment 574
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.10
Excerpt: .... ZHANG; and HONG JIANG. Summary On 12/12/19, Plaintiff filed a First Amended Complaint alleging that defendants, as owners of 6676 23 Kimdale Rd. San Gabriel, CA, entered into a written construction contract, failed to pay a balance due in the amount of $27,290.00. The causes of action are: 1. FORECLOSURE OF MECHANIC'S LIEN; 2. BREACH OF WRITTEN CONTRACT; 3. COMMON COUNTS; 4. UNJUST ENRICHMENT; 5. STATUTORY PROMPT PAYMENT PENALTIES. On 6/30/20, ...
2023.03.08 Demurrer 187
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.08
Excerpt: ...22, Defendant ROBINSON HELICOPTER COMPANY, INC. filed a Cross- Complaint against Plaintiff, for total equitable indemnity; comparative indemnity; equitable apportionment of fault; contribution; and declaratory relief, alleging that alleged personal injuries from a defective helicopter, set forth in the Trouts Plaintiffs' Complaint, case no. 22TRCV00428, were proximately caused by the negligence and/or other tort of Cross- Defendants. MP Positions...
2023.03.07 Motion for Sanctions 553
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.07
Excerpt: ...d TRUST TRADING, INC. Summary On 8/20/19, Plaintiffs filed a Complaint alleging that, shortly after Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and access to Defendant CMI's and associated Defendant Sanaths' operations, along with all other aspects of the business, and Defendants refuse to acknowledge Plaintiffs' majority shareholder status, and ...
2023.03.06 Motion for Summary Judgment 034
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.06
Excerpt: ...ing summary judgment against Plaintiff, on grounds including the following: · Plaintiff cannot pursue a breach of implied warranty claim under Song-Beverly against GM based upon a vehicle he bought used and (ii) Count II, because Plaintiff cannot pursue a breach of express warranty claim under Song-Beverly against GM, since he did not purchase a “new motor vehicle” from GM. Nunez v. FCA US LLC, 61 Cal. App. 5th 385, 399 (2021), and Rodriguez...
2023.03.03 Motion to Compel Further Discovery Responses, for Monetary Sanctions 824
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.03.03
Excerpt: ...laint alleging that he purchased a new 2017 Chevrolet Silverado having manufacturing defects, including vehicle shaking and vehicle hesitating to start, which Defendant's authorized dealerships were unable to repair. MP Positions Moving party requests an order compelling Defendant to serve further responses to certain document requests, and imposing monetary sanctions, on grounds including the following: · As detailed in the Separate Statement, ...
2023.02.28 Motion to Compel Further Responses, for Protective Order 032
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.28
Excerpt: ...ing engine and electrical defects, and the manufacturer failed to replace the vehicle or make restitution after a reasonable number of repair attempts. 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. Plaintiffs' Positions Plaintiffs request an order compelling Defendant's further documents production, and denying the customized portions of the ...
2023.02.23 Motion for Attorney Fees 056
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.23
Excerpt: ..., transmission and exterior. 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 SONG-BEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving parties request an order granting attorneys' fees, on grounds including the following: · Attorneys' fees are sought under the “lodestar” method in the amount of $66,018.00. ...
2023.02.21 Motion to Strike 244
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.21
Excerpt: ...pain from a work injury as an animal caregiver, Defendant repeatedly increased the workload, refused to allow Plaintiff any time off for her doctor's appointments, and terminated her employment due to her request for accommodations. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATION ...
2023.02.17 Motion to Compel Further Responses 246
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.17
Excerpt: ... a proposed First Amended Complaint, adding a 6 th Cause of Action for THEFT PURSUANT TO PENAL CODE §496, and 7 th 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 XIUYUAN HU withdrew $13,314.16 total from bank accounts that Defendant orally agreed were ...
2023.02.17 Motion for Stay 617
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.17
Excerpt: ...iff's performance while working as a Deputy City Attorney became falsely and unfairly handled based on the pretext of poor work performance, leading to years of retaliation for Plaintiff's complaints, harassment (e.g., yelling, defamation, ridicule, bias against Plaintiff, and profanity), criticisms of Plaintiff's childcare needs, disproportionate assignments and disciplines, wrongful termination and reinstatement, grievance procedures, interfere...
2023.02.17 Motion for Leave to File Amended Answer 154
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.17
Excerpt: ...ant/Cross-Complainant VIANEY SANDERSON, to rent the premises, but starting around April 2020, SANDERSON failed to pay rent, and so Plaintiff seeks to recover damages it incurred as a result of SANDERSON breaching her lease and personal guaranty. On 3/15/21, Defendant SANDERSON filed a First Amended Cross-Complaint, against Plaintiff, alleging that cross-defendants used the Covid-19 situation as a pretense to steal cross- complainant's bar that sh...
2023.02.16 Motion to Strike, for Attorney Fees, for Sanctions 246
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.16
Excerpt: ...efendant/Cross-Complainant Summary On 8/3/20, Plaintiff/Cross-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 6 th Cause of Action for THEFT PURSUANT TO PENAL CODE §496, and 7 th 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 part...
2023.02.16 Motion to Compel Arbitration and Stay Proceedings 260
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.16
Excerpt: ...ansmission 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 parties request an order ...
2023.02.15 Motion for New Trial 972
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.15
Excerpt: ...PROMOTIONAL OPPORTUNITIES IN VIOLATION OF 42 U.S.C. § 1981 2. RACE DISCRIMINATION - DENIAL OF TRANSFERS IN VIOLATION OF 42 U.S.C. § 1981 3. RETALIATION IN VIOLATION OF 42 U.S.C. § 1981 4. RETALIATION IN VIOLATION OF CA GOVT. CODE § 12940(K) 5. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1985(3) 6. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1983. MP Positions Moving party requests the Court to grant a new trial as to gra...
2023.02.14 Motion to Require Monies to be Turned Over to Judgment Debtors 553
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.14
Excerpt: ...E PERSONALLY. Notice: Okay Opposition MP: Judgment Creditors SEYEDJALIL FIROOZABADI AND HOPE and TRUST TRADING, INC. RP: Third-party Michael G. Spector, Esq., attorney for Judgment Debtors SAMMY CILING and ANKE CILING. Summary On 8/20/19, Plaintiffs filed a Complaint alleging that, shortly after Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and acc...
2023.02.14 Demurrer to SAC 300
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.14
Excerpt: ...d a written agreement to employ Plaintiff as CEO, by terminating his employment based upon pretexts of self-dealing and conflicts of interest, and refusing to pay monetary severance pay and to deliver stock options. The causes of action are: 1. BREACH OF EMPLOYMENT AGREEMENT 2. WRONGFUL TERMINATION 3. INDUCING BREACH OF CONTRACT. MP Positions Moving party requests an order sustaining demurrers, on grounds including the following: · Kerner's thir...
2023.02.10 Motion to Compel Arbitration, Dismiss Individual PAGA Claims and Non-Individual Representative PAGA Claims 994
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.10
Excerpt: ..., Plaintiff LATASHA STIGER filed a PAGA Complaint alleging that defendants did various wage-and-hour violations as to aggrieved employees. MP Positions Moving party requests an order to compel arbitration of Plaintiff's PAGA claims, and to dismiss representative PAGA claims on behalf of other employees, on grounds including the following: · The parties' arbitration agreement is subject to the Federal Arbitration Act, which strongly favors the en...
2023.02.09 Motion to Strike Punitive Damages 715
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2023.02.09
Excerpt: ...auses of action are: (1) DISCRIMINATION IN VIOLATION OF THE FEHA; (2) HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PROVIDE REASONABLE ACCOMMODATION IN VIOLATION OF THE FEHA; (5) FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS IN VIOLATION OF FEHA; (6) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (7) NEGLIGENT HIRING, SUPERVISION, AND RETENTION; (8) WRONGFUL TERMI...

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