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529 Results

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Location: Los Angeles x
Judge: Mackey, Malcolm x
2022.12.01 Demurrer 921
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.12.01
Excerpt: ... conditions, after Plaintiff reported a safety issue and gender discrimination involving worse treatment of females as compared to males. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETALIATION IN VIOLATION OF GOV'T CODE §12940(k...
2022.11.29 Motion for Reconsideration 617
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.29
Excerpt: ...t, when Defendant CRAIG CORNWELL became the Chief Deputy City Attorney in 2006, Plaintiff'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 an...
2022.11.29 Demurrer 039
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.29
Excerpt: ... 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 Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The applicable one-year Statute of Limitations expired. · According to the complaint, the surgery occurred in June, 2020 at Huntington Hospital. (Compl. ¶ 25.) Then, Plaintiff alle...
2022.11.29 Motion to Compel Compliance with Deposition Subpoena 121
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.29
Excerpt: ... On 4/6/21, Plaintiff J-M MANUFACTURING COMPANY, INC. 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 Manufacturing 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 gross...
2022.11.22 Demurrer 378
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.22
Excerpt: ...to amend as to the first, second, and fourth causes of actions. Plaintiff is granted 30 days leave to amend as to the seventh, eighth, and ninth causes of action. Defendants are to give notice. Background This landlord/tenant action arises out of a lease by Brad Axelrod (“Plaintiff”) of real property located at 1646-1646 ½ South Holt Avenue, Los Angeles, California (the “Property”). Plaintiff alleges the lease was for an illegal dwelling...
2022.11.21 Pitchess Motion 366
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.21
Excerpt: ...PUTY SHERIFFS. RP: Respondent/Cross-Petitioner HONORABLE ALEX VILLANUEVA, SHERIFF; ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS (proposed opposition in intervention). Petitioner/Cross-Respondent COUNTY OF L.A. Summary On 10/12/21, Petitioner County of L.A. filed the First Amended Petition, alleging that the Sheriff's refusal to comply with a Subpoena issued by the Office of Inspector General (OIG), on 2/25/21, subjects him to enforcement via proce...
2022.11.18 Motion to Amend Judgment 773
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.18
Excerpt: ...individual, as alter egos. MP Positions Moving party requests an order amended the Default Judgment, on grounds including the following: · “M ELLIS INVESTMENTS, INC.,” associated with Defendant's sister, apparently is an alter go of defendants, which received some of defendants' assets, to evade Plaintiff creditor. Tentative Ruling The unopposed motion is granted. The Court will sign and file an amended default judgment adding as Defendant �...
2022.11.16 Motion to Compel Compliance, for Sanctions 875
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.16
Excerpt: ...LZA filed a Complaint. On 3/22/21, Plaintiff filed a First Amended Complaint, alleging that defendants wrongfully terminated his employment, based on age discrimination, and fraudulently induced Plaintiff to 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 agree...
2022.11.16 Motion to Compel Binding Arbitration 677
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.16
Excerpt: ...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. VIOLATION OF THE SONG- BEVERLY ACT SECTION 1793.22—TANNER CONSUMER PROTECTION ACT. MP Positions Moving party requests an order compelling this action into arbitration, on grounds including the following: · When the subject vehicle was leased, it was done in connection with a Mo...
2022.11.15 Motion to Dismiss or Stay on Grounds of Forum Non Conveniens 746
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.15
Excerpt: ...Complaint alleging a controlling owner's decision to unlawfully expel Plaintiff as a minority owner in Defendant HIDDEN PPF, LLC, and to strip Plaintiff's vested 15% equity membership interest in a multimillion-dollar company, plus defendants terminated Plaintiff's employment without cause and without paying Plaintiff compensation due. The causes of action are: 1. BREACH OF CONTRACT; 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALIN...
2022.11.15 Motion for Attorney Fees 039
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.15
Excerpt: ...habilitation since the City had issued, on 1/20/22, a Legal Notice and Order to Repair or Abate. MP Positions Moving party requests an order awarding attorneys' fees ($12,722.60) and expenses ($400.00), on grounds including Health and Safety Code sections 17980.7(c)(11) and 17980.7(d)(1), Code of Civil Procedure section 1032(a)(4), and LMC section 3-16.09, and the following: 1. Before filing this action, the Subject Property contained numerous vi...
2022.11.14 Motion to Compel Further Responses 875
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.14
Excerpt: ...ants wrongfully terminated his employment, based on age discrimination, and fraudulently induced Plaintiff to 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 was drafted to mean that Plaintiff could apply for other jobs at Porsche, and then defendants...
2022.11.10 Demurrer, Motion to Strike 736
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.10
Excerpt: ...gligently did not repair uninhabitable conditions including: (a) Cockroach infestation; (b) Bedbug infestation; (c) Rodents infestation; (d) Termite infestation; (e) Water leaks and plumbing issues; (f) Cracks and crevices throughout the units; (g) Deteriorating cabinetry; (h) Missing or defective smoke or carbon monoxide detector; (i) Door frame damage; (j) Damaged flooring/tile; (k) Plumbing work done without a permit or inspection approval; (l...
2022.11.10 Motion to Compel Responses, for Sanctions 492
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.10
Excerpt: ... ANYANWU filed a Complaint. On 4/15/22, Plaintiff filed a First 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. DEHGH...
2022.11.10 Motion to Approve Settlement Agreement 761
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.10
Excerpt: ...t practices, including failing to properly calculate the regular rate of pay for purposes of paying overtime, meal period premiums and sick pay, provide off-duty rest breaks, pay all wages owed upon separation of employment, and provide accurate itemized wage statements to Plaintiff and the Aggrieved Employees. MP Positions Moving party requests the Court to approve a PAGA settlement, on bases including the following: · The settlement was reache...
2022.11.08 Motion for Judgment on the Pleadings 107
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.08
Excerpt: ...rned without parts, and the decedent had owed Plaintiff for an unpaid loan in breach of contract. The causes of action are breach of contract and common counts. MP Positions Moving party requests an order granting judgment on the pleadings on the Complaint, on grounds including the following: • Plaintiff's Complaint against the Defendant, Maricela Montelongo, The Administrator of the Estate of Klaus Goettel (“Administrator”) is time barred ...
2022.11.04 Demurrer, Motion to Strike 712
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.04
Excerpt: ...f as to rights or obligations under an insurance policy regarding an alleged car accident in February 2021. On 9/23/21, Defendant AZIZBEK KURBANOV filed a 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. MP Positions Moving party requests an order sustaining the demurrer to the First Ame...
2022.11.03 Motion for Attorney Fees 741
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.03
Excerpt: ...ges past due and becoming due under the terms and conditions of the Lease. 10. Defendants have materially breached the Lease by, inter alia, commencing in April 2020 failing to pay rent and/or additional charges as they came due; performing unauthorized alterations and/or additions to the Property; and improper subleasing of the Property. (Complaint, ¶ 9.) On February 28 and March 1, 2022, a bench trial was held where Plaintiff prevailed. The Co...
2022.11.03 Demurrer 694
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.03
Excerpt: ...causes of action are: 1. FAILURE TO PAY STATUTORILY MANDATED WAGES; 2. FAILURE TO PROVIDE ACCURATE ITEMIZED EARNINGS STATEMENTS; 3. INDEMNIFICATION OF EMPLOYEE EXPENSES; 4. PROMISSORY FRAUD; 5. BREACH OF EXPRESS CONTRACT; 6. UNFAIR BUSINESS PRACTICES. MP Positions Moving parties request an order sustaining the demurrer, as to one contract of the contract claim, on grounds including the following: · There was no formation of the alleged settlemen...
2022.11.02 Motion for Preliminary Injunction 166
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.11.02
Excerpt: ...a large animal kennel operation on residential property, in violation of zoning and permit laws, causing odors, noise and disease risks, and making unlivable plaintiffs' residence located at 8743 Wonderland Park Avenue, Los Angeles. The causes of action are: (1) PRIVATE NUISANCE [CIVIL CODE §§ 3479, 33481]; (2) TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTION [CODE OF CIVIL PROCEDURE § 526]; (3) DECLARATORY JUDGMENT. MP Positions Moving partie...
2022.10.31 Motion to Compel Further Responses 578
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.10.31
Excerpt: ... and transmission problems, not repaired after a reasonable number of attempts. MP Positions Moving parties request an order compelling Defendant to serve further document responses, on grounds including the following: · Defendant does not provide a Code-compliant response, by failing to indicate its level of compliance with Plaintiffs' requests, and lodging boilerplate objections, making it nearly impossible for Plaintiff to determine whether D...
2022.10.31 Demurrer to FAC, Motion to Strike 412
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.10.31
Excerpt: ...Deputy Sheriff, caused to be received a Second Amended Complaint, alleging: Defendant SARGEANT MARK BAILEY subjected Plaintiff to a hostile working environment and discrimination. Other defendants, having a gang-like mentality of conspiring against those outside the inner group, did not respond to Plaintiff's complaints. Plaintiff complained of discrimination based on disability, sexual orientation, race, and retaliation for filing a worker's com...
2022.10.28 Motion for Terminating Sanctions 246
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.10.28
Excerpt: ...from bank accounts that Defendant orally agreed were her separate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had faked practicing her employing entity's religio...
2022.10.27 Motion to Compel Responses, for Sanctions 154
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.10.27
Excerpt: ...ss-Defendant BROADWAY EXCHANGE filed a Complaint alleging that, around February 2015, it entered into a commercial lease, and a personal guaranty, with Defendant/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 ...
2022.10.26 Motion to Limit Discovery, for Sanctions 842
Location: Los Angeles
Judge: Mackey, Malcolm
Hearing Date: 2022.10.26
Excerpt: ...the warranty did not cover commercial business that Defendant knew plaintiffs planned for the vehicle, and so plaintiffs did not obtain added coverage to pay for future vehicle repairs. MP Positions Moving party requests a protective order quashing all plaintiffs' discovery except for just form interrogatories, and imposing monetary sanctions ($2,025), on grounds including the following: · Plaintiffs included many irrelevant Lemon Law discovery ...

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