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2023.10.18 Demurrer to SAC, Motion to Strike 733
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.18
Excerpt: ...vocable Trust (Defendants) RESPONDING PARTY(S): None REQUESTED RELIEF: Demurrer 1. Demurrer to the First Cause of Action for Breach of the Warranty of Habitability for failure to state facts sufficient to constitute a cause of action and for uncertainty. (CCP § 430.10(e) & CCP § 430.10(f).) 2. Demurrer to the Second Cause of Action for Nuisance for failure to state facts sufficient to constitute a cause of action and for uncertainty. (CCP § 43...
2023.10.17 Demurrer to FAC 557
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.17
Excerpt: ...ainst Defendant. (CCP § 430.10(e).) 2. Defendant also demurrers to on the grounds that this cause of action is barred by the applicable statute of limitations. TENTATIVE RULING: 1. Demurrer is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 6, 2023, Plaintiff James F. Barger (Plaintiff) filed a Complaint against Defendant Burke Eiteljorg (Defendant). Defendant demurrered to the Complaint, which the c...
2023.10.11 Motion to Strike 718
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.11
Excerpt: ...omplaint; [2] and 3. An order striking Page 15, line 23 – Page 16, line 2 from the First Amended Complaint. [3] TENTATIVE RULING: 1. Defendant's Motion to Strike is DENIED as to Page 15, line 17 of the First Amended Complaint; 2. Defendant's Motion to Strike is GRANTED as to Page 15, lines 18-22 of the First Amended Complaint; and 3. Defendant's Motion to Strike is GRANTED as to Page 15, line 23 – Page 16, line 2 from the First Amended Compla...
2023.10.09 Motion for Summary Judgment 997
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.09
Excerpt: ...ment. TENTATIVE RULING: 1. Motion for Summary Judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Chris Cowart (Plaintiff) filed a Complaint on August 23, 2021. He filed a First Amended Complaint (FAC) on January 20, 2022. He filed a Second Amended Complaint (SAC) on June 2, 2022. The SAC has one cause of action for: Wrongful Termination in Violation of the Collective Bargaining Agreement, Article 27 Section 19, or the ...
2023.10.06 Motion to Dismiss for Forum Non Conveniens 811
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.06
Excerpt: ... American Honda Motor Company, Inc. requests the court to dismiss Plaintiffs' Complaint because Arkansas is a more appropriate forum. TENTATIVE RULING: 1. The court DENIES Defendant's Motion to Dismiss; 2. The court STAYS the matter pursuant to CCP § 410.30(a) pending Plaintiffs' refiling in Arkansas. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs currently reside in Siloam Springs, Arkansas. Defendant is headquartered in Torrance, C...
2023.10.05 Motion to Bifurcate 195
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.05
Excerpt: ... submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “Code of Civil Procedure section 598 allows a party to seek an order before trial ‘that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the cas...
2023.10.05 Motion for Summary Adjudication 450
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.05
Excerpt: ...djudication as to two issues of duty. RULING: 1. Motion for Summary Adjudication is DENIED, as to both issues. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 18, 2022, Plaintiffs Corey Fields, E'mori Groomes, Emmia Groomes, Larry Fields, Lacey Fields and Nature Fields (“Plaintiffs”) filed a complaint against Defendants FPI Management, Inc., Samoa Avenue Housing LP, and Suzanne Sparks (“Defendants.”) The complaint alleged 8 causes ...
2023.10.04 Demurrer 878
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.10.04
Excerpt: ... named Sandy McDougall) RESPONDING PARTIES: Plaintiff David Posner REQUESTED RELIEF: 1. Moving Defendants demurrer to the entire Complaint as to Defendant Alexander MacDougall a/k/a Sandy MacDougall (erroneously sued as Sandy McDougall) as a matter of law. 2. Moving Defendants also demurrer to the Second Cause of Action, Fourth Cause of Action, Fifth Cause of Action, and Sixth Cause of Action for failing to state facts sufficient to constitute a ...
2023.09.27 Motion to Strike 105
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.09.27
Excerpt: ... STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 20, 2022, Plaintiff Kandace M. Dudley (“Plaintiff”) filed a complaint against Defendant County of Los Angeles (“Defendant.”) The compliant alleged seven causes of action based upon discrimination and retaliation in violation of FEHA as well as a failure to accommodate. The complaint alleges that Plaintiff was illegally terminated. During her time working for Defendant, Plaintiff...
2023.09.19 Demurrer 440
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.09.19
Excerpt: ...f action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 16, 2023, Plaintiffs Jose Guadalupe Cuevas and Maria R. Cuevas (“Plaintiffs”) filed a complaint against Defendant Pedro Cuevas aka Daniel Velasco and all persons known and unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to the plaintiff's title, or any cloud on plaintiff's title thereto (“D...
2023.09.18 Motion to Compel Responses, to Deem RFAs Admitted 623
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.09.18
Excerpt: ... the Interrogatories is GRANTED. 2. Motion to Deem RFAs admitted is GRANTED 3. Request for Sanctions is GRANTED. . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 11, 2021, Plaintiff Jose Ayala (“Plaintiff”) filed a complaint against Defendants Somatdary, Inc., dba Rapid Plumbing, ADP Total Source FL XVI, Inc., ADP Total Source, Inc., and Abbas Pournahavandi (“Defendants.”) The complaint alleged 18 causes of action, including var...
2023.09.06 Motion to Strike 109
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.09.06
Excerpt: ...n to Strike is GRANTED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 23, 2021, Plaintiff 40723 Murrieta Hot Springs Rd., LLC (“Plaintiff”) filed a Complaint against Defendant Gio Roofing, Inc., (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Implied Warranty, (3) Negligence, and (4) Fraud. The complaint alleges that Plaintiff hired Defendant to install a...
2023.08.30 Demurrer 245
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.30
Excerpt: ...t. TENTATIVE RULING: 1. Demurrer is SUSTAINED, without leave to amend, as to the 1 st, 2 nd, and 13 th causes of action and with leave to amend as to the 11 th cause of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 19, 2022, Plaintiffs Raul Cabrera and Yany E. Acosta Pena (“Plaintiffs”) filed a complaint against Defendants O'Gara Coach Company, LLC, and Feng Li (“Defendants.”) The complaint alleged five causes of act...
2023.08.30 Motion to Compel Further Responses 180
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.30
Excerpt: ...nts. TENTATIVE RULING: 1. Motion to Compel Further Responses is GRANTED, in part, and DENIED, in part. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 26, 2022, Plaintiffs Victor Monrroy De Jesus and Maria Hurtado (“Plaintiffs”) filed a complaint against Defendant General Motors, LLC (“Defendant.”). The complaint alleged two causes of action: (1) Violation of Song-Beverly – Breach of Express Warranty and (2) Violation of Song...
2023.08.29 Demurrer 308
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.29
Excerpt: ...the Third Amended Complaint. TENTATIVE RULING: 1. Demurrer as to 1 st and 2nd causes of action in the Third Amended Complaint is OVERRULED. 2. Demurrer as to the Third Cause of Action is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 28, 2022, Plaintiff Ali Ebneshahidi DC filed a complaint against Law Offices of Willoughby and Associates Inc. The First Amended Complaint was filed on June 13, 2022. Th...
2023.08.28 Motion to Consolidate 034
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.28
Excerpt: ...aintiff Jack Song (“Plaintiff”) filed a complaint against Defendants Seok Kim, Kyeong Hee Im, Abba Trading Corp., and Sung En Jaeke Lee (“Defendants.”) The complaint alleged seven causes of action, including breach of contract and fraud. The complaint alleges that Plaintiff provided Defendants a loan of $120,000, which was to be paid back within 2 years. However, Defendants failed to do so in full. Moreover, Plaintiff alleges that Defenda...
2023.08.28 Demurrer 523
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.28
Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 9, 2022, Plaintiff Carlos Balbona (“Plaintiff”) filed a complaint against Defendant Jamie Biver (“Defendant.”) The complaint alleged five causes of action: (1) Quiet Title, (2) Trespass, (3) Nuisance, (4) Declaratory Relief, and (5) Nuisance in Violation of Civil Code § 841.4. The complaint alleges that Plaintiff owns a parcel of land on Calvert Street in North Hollywood, California, ...
2023.08.25 Demurrer, Motion to Strike 162
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.25
Excerpt: ...s of the FAC that request punitive damages and attorneys' fees. TENTATIVE RULING: 1. Demurrer is OVERRULED, as to causes of action 1, 3, 4, 6, 8, 9. 2. Demurrer is SUSTAINED, with leave to amend, as to the remaining causes of action. 3. Motion to Strike is GRANTED . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 11, 2022, Plaintiffs Samantha Rosales and Sergio Benitez (“Plaintiffs”) filed a complaint against Defendant Marissa Agui...
2023.08.24 Demurrer, Motion to Strike 890
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.24
Excerpt: ... An order sustaining the demurrer as to the 1 st, 2 nd, 3 rd, 4 th, 5 th, 7 th, and 8 th causes of action. 2. An order striking various portions of the Complaint that request punitive and exemplary damages. TENTATIVE RULING: 1. Demurrer as to the 3 rd and 5 th causes of action is SUSTAINED, with leave to amend. 2. Demurrer as to the 1 st, 2 nd, 4 th, 7 th and 8 th causes of action is OVERRULED. 3. Motion to Strike is GRANTED, with leave to amend....
2023.08.23 Motions for Attorney Fees 378
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.23
Excerpt: ...$49,488. 2. An order awarding attorneys' fees in the amount of $20,694 TENTATIVE RULING: 1. Defendant's Motion for Attorneys' Fees against Plaintiff is GRANTED in the amount of $10,500. 2. Cross-Defendant's Motion for Attorneys' Fees against Cross-Complainant is GRANTED in the amount of $6,000. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 22, 2022, Plaintiff Wilfred J. Killian (“Plaintiff”) filed a complaint against Defendants Marc...
2023.08.23 Motion to Vacate Judgment Based on Sister State Judgment 194
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.23
Excerpt: ...n October 1, 2018, Hallock Design Hospitality, LLC (“HDH”) filed a First Amended Complaint in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida in Case No. 2018- 000477-CA-01, captioned Hallock Design Hospitality, LLC v. Sam Vaziri Vance et al. (the "Florida Action"). The Florida Action alleged breach of contract against Sam Vaziri Vance, Inc. dba Sama Eyewear ("SVVI") and civil theft and fraud against SVVl'...
2023.08.22 Motion to Recover Attorney Fees 021
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.22
Excerpt: ...1. Motion for Attorney Fees pursuant to Code of Civil Procedure § 128.5 is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 6, 2018, Plaintiffs Lester Singer and Monica Mercado (“Plaintiffs”) filed a complaint against Greystar (“Defendant.”) The complaint alleged six causes of action: (1) Premises Liability, (2) Negligence, (3) Battery, (4) Assault, (5) Assault, and (6) Intentional Infliction of Emotional Distress. The com...
2023.08.21 Motion to Vacate Stay of Enforcement or to Increase Bond Amount 004
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.21
Excerpt: ...increasing the bond amount. TENTATIVE RULING: 1. Motion to Vacate Stay of Enforcement is DENIED. 2. Request for an Increase Bond Amount is GRANTED, by a total of $100,000. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Oh August 9, 2016, Plaintiff Arturo Rubinstein (“Plaintiff”) filed a complaint against Defendant Paris P. Fakheri. The complaint asserted one cause of action for money lent. The complaint alleges that between November 2013 and...
2023.08.21 Motion to Recover Costs, for Leave to File FACC 576
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.21
Excerpt: ...o REQUESTED RELIEF: 1. An order awarding costs incurred to Plaintiffs for service of summons. TENTATIVE RULING: 1. Motion to Recover Costs of Service is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 28, 2022, Plaintiffs Reed Harman and Nan Harman, Individually, as Trustees of the Visalia Trust (“Plaintiffs”) filed a complaint against Defendants Stanley Francis Chao and Steven Francis Chao (“Defendants.”) The complaint ...
2023.08.21 Demurrer 286
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.21
Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 9, 2021, Plaintiff Seonah Jo (“Plaintiff”) filed a complaint against Defendant Jinyeung Choi (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Unjust Enrichment, and (4) Declaratory Relief. The complaint alleges that the parties entered into an oral agreement to operate a business partnership regarding the operation ...
2023.08.17 Motion for Summary Adjudication 729
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.17
Excerpt: ...ummary Adjudication is DENIED, as to the first and third causes of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 28, 2021, Plaintiffs Yoo Ha Kang, Young Ae Kang, and Jinny Hyun Jin Kang (“Plaintiffs”) filed a complaint against Defendants Kelly Nam (“Nam” or “Defendant”) and all persons unknown, claiming legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse to Pl...
2023.08.17 Motion to Lift Stay 036
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.17
Excerpt: ...Lifting the Stay is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 31, 2023, Plaintiff Bradley Schamel (“Plaintiff”) filed a complaint against Defendant Epirus, Inc. (“Defendant.”) The complaint alleged eight causes of action, including discrimination, harassment, and retaliation. Plaintiff, an officer in the United States Army, was employed by Defendant and had continuing military service obligations. In late 2019, P...
2023.08.17 Motion to be Relieved as Counsel 630
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.17
Excerpt: ...ieved as Counsel for Defendant. TENTATIVE RULING: 1. Motion to be Relieved as Counsel is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 3, 2021, Plaintiff Jay R. De Miranda, Trustee of the De Miranda Family Trust Dated December 12, 2000 (“Plaintiff”) against Defendants Assisted Living America V, LLC, (ALAV) and Assisted Living America LLC (ALA) (“Defendants.”) The complaint was for one cause of action for Breach of Writte...
2023.08.10 Motion to Compel Compliance with Deposition Notice, Production of Docs 458
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.10
Excerpt: ... and Request for Production of Documents. TENTATIVE RULING: 1. Motion to Compel Compliance with Plaintiff's Deposition Notice and Request for Production of Documents is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 5, 2020, Plaintiff Steven Roth (“Plaintiff”) filed the Complaint against Defendants Reichard M. Behfarin, Robert Mobasseri (“Defendants”) alleging for the following causes of action: (1) Breach of Contract ...
2023.08.10 Demurrer 175
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.10
Excerpt: ...s SUSTAINED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 25, 2023, Plaintiff Syed A. Bhuiyan filed a complaint against Defendants Volkswagen Group of America, Inc., Volkswagen Santa Monica, LLC dba Volkswagen Santa Monica (“Defendants.”) The complaint alleged 4 causes of action: (1) Violation of the Song-Beverly Act – Breach of Express Warranty, (2) Violation of the Song-Beverly Act – Breach of implied Wa...
2023.08.09 Motion for Deposit of Funds and Discharge of Stakeholders, for Summary Judgment, Adjudication 910
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.09
Excerpt: ...posit with the Clerk of Court $50,000. 2. An order discharging Moving Cross-Complainant from liability. 3. A judgment of dismissal as to Moving Cross-Complainant. 4. An order awarding Moving Cross-Complainant $5,000 in attorneys' fees. TENTATIVE RULING: 1. Motion for Order for Deposit of Funds with the Clerk of Court is GRANTED. 2. Motion for Discharging Moving Cross-Complainant from liability is GRANTED. 3. Dismissal as to Moving Cross-Complaina...
2023.08.08 Demurrer, Motion to Strike 188
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.08
Excerpt: ...the Complaint TENTATIVE RULING: 1. Demurrer is SUSTAINED, with leave to amend as to the 1 st, 2 nd, 3 rd, 4 th, and 5 th causes of action. 2. Demurrer is OVERRULED, as to the 6 th cause of action. 3. Motion to Strike is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 14, 2023, Plaintiff Barrye Jacobson (“Plaintiff”) filed a complaint against Defendant Adam S. Cohen and Saxon Spencer Capital, Inc. (“Defendants.”) The co...
2023.08.08 Demurrer 881
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.08
Excerpt: ...ATERIAL FACTS AND/OR PROCEEDINGS: On December 14, 2022, Plaintiff Arthur Ross Allen (“Plaintiff”) filed a complaint against Defendants Jaime A. Calderon and Raul Trevino (“Defendants.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Conversion, (3) Unjust Enrichment, and (4) Declaratory Relief. The complaint alleges that Plaintiff provided $200,000 to Defendants as an investment to help Defendants invest in anoth...
2023.08.08 Demurrer 881
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.08
Excerpt: ...ATERIAL FACTS AND/OR PROCEEDINGS: On December 14, 2022, Plaintiff Arthur Ross Allen (“Plaintiff”) filed a complaint against Defendants Jaime A. Calderon and Raul Trevino (“Defendants.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Conversion, (3) Unjust Enrichment, and (4) Declaratory Relief. The complaint alleges that Plaintiff provided $200,000 to Defendants as an investment to help Defendants invest in anoth...
2023.08.02 Motion to Compel Arbitration 624
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.08.02
Excerpt: ...claims; and 3. An order staying the proceedings pending the completion of arbitration. TENTATIVE RULING: 1. Motion to Compel Arbitration of Individual Claims is GRANTED. 2. Motion to Dismiss Non-Individual Claims is DENIED. 3. Motion to Stay the Proceedings is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 21, 2022, Plaintiff Onisha Anthony (“Plaintiff”) sued Defendant AG Arcadia, LLC (“Defendant”). She asserts a sin...
2023.07.28 Motion for Summary Judgment 363
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.07.28
Excerpt: ...S): Fazio Incorporated REQUESTED RELIEF: Summary judgment of the Complaint. TENTATIVE RULING: Deny. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 1, 2021, Plaintiff Fazio Incorporated (“Plaintiff”) filed a complaint against Defendants (1) LMK Holdings, Inc. dba Allen Lawrence & Associates, Inc. dba Lawrence, Martini & Kops Insurance Agency; (2) Acrisure of California, LLC dba Allen Lawrence & Associates, LLC; and (3) George Martini ...
2023.07.27 Demurrer 140
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.07.27
Excerpt: ...fendants Peter Pierotti and Aptco, LLC RESPONDING PARTY(S): Plaintiff-Intervenors Father Lawrence H. Biondi, S.J. and Anita M. Kidd, as Trustees of the Leroy E. Biondi Revocable Trust TENTATIVE RULING: The demurrer is SUSTAINED as to each cause of action with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 22, 2021, Plaintiff The Estate of Etsuko Toguri, by and through trustee Kathleen “Miki” Toguri (“Toguri”), ...
2023.07.27 Demurrer 557
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.07.27
Excerpt: ...ke an offer of proof that the defects can be remedied. The demurrer is OVERRULED as to the second cause of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 6, 2023, Plaintiff James F. Barger (“Plaintiff”) filed a complaint against Defendant Burke Eiteljorg (“Defendant”), alleging causes of action for: (1) Breach of Guaranty; and (2) Fraud. The complaint alleges that in June 2012, Plaintiff loaned $250,000 (the “Loan�...
2023.07.27 Motion to Set Aside Default, Judgment 770
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.07.27
Excerpt: ...e motion to set aside default and default judgment is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 5, 2019, Plaintiff Cardconnect, LLC f/k/a Ignite Payments, LLC filed a complaint against Defendants Platinum Touch Insurance Services, Inc., dba Platinum Touch Corp. adba Platinum Touch (“Platinum Touch”) and Gevork Hajian (“Hajian”), alleging causes of action for: (1) Breach of Contract; (2) Account Stated; (3) Open B...
2023.06.29 Petition to Enforce Interstate Subpoena 424
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.29
Excerpt: ...a Petition in 22STCP02593the instant “Petition to Enforce Interstate Subpoena Pursuant to CCP 2029.600 et seq.” (the “Petition”) against Respondent Twitter, Inc., a Delaware corporation (“Twitter”). The Petition alleged the following. Petitioner is the plaintiff in an out-of-state action filed in Ohio (the “Ohio Action”). Twitter is a non-party to the Ohio Action and operates the website twitter.com. Beginning in and around Januar...
2023.06.28 Motion to Tax and Strike Costs 329
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.28
Excerpt: ...rky, LLC, and Defendant 3123 SMB, LLC RESPONDING PARTY(S): Plaintiff Steven J. Horn REQUESTED RELIEF: 1. An order striking Plaintiff's requested costs. TENTATIVE RULING: 1. Motion to Tax and Strike Costs is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 19, 2020, Plaintiff Steven J. Horn filed a complaint against Defendants Anthony N. Kling, individually and as Trustee of the Anthony N. Kling Trust of 1997, Mary J. Kling, individ...
2023.06.28 Motion to Compel Arbitration 129
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.28
Excerpt: ...1. Motion to Compel Arbitration is GRANTED. 2. Motion to Stay the Proceedings is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 24, 2023, Plaintiff Mario Gutierrez (“Plaintiff”) filed a complaint against Defendant Mediland Corporation dba Premium Windows and Doors (“Defendant.”) The complaint alleges 11 causes of action, based on various Labor Code and FEHA violations. Plaintiff alleges that he was hired by Defendant...
2023.06.28 Demurrer, Motion to Strike 746
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.28
Excerpt: ...t and DENIED in part. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 28, 2023, Plaintiff Leonardo M. Lopez (“Plaintiff”) filed an unlawful detainer against Defendant Jason Reed (“Defendant.”) The complaint states that the 6-month lease was changed, and the tenancy become month to month on December 31, 2022. The rent increased from $6,000 to $8,000 commencing April 1, 2023. Defendant notified Plaintiff that he would not be paying...
2023.06.28 Demurrer, Motion to Strike 220
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.28
Excerpt: ...causes of action 4 through 6. 2. An order striking various portions of the TAC that concern punitive damages. TENTATIVE RULING: 1. Demurrer is SUSTAINED, in part, and OVERRULED, in part. 2. Motion to Strike is DENIED, in part, and GRANTED, in part. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 4, 2022, Defendants D-Mas, LLC, Israel Yagudaev, and Mairam Yagudaev (Plaintiffs) filed a complaint against Defendants AFI Financial Inc., Alexa...
2023.06.26 Motion for Summary Judgment, Adjudication 277
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.26
Excerpt: ...auses of action. TENTATIVE RULING: 1. Motion for Summary Judgment, or Alternatively, Summary Adjudication is DENIED, as to the first and second causes of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 16, 2021, Plaintiff J.S. (“Plaintiff”) filed a complaint against Defendant Doe 1, a domestic non- profit (“Defendant.”) The complaint alleged three causes of action: (1) Negligence, (2) Negligent Hiring, Retention, and Supe...
2023.06.23 Motion for Judgment on the Pleadings 352
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.23
Excerpt: ... totaling is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff¿Tufeld¿Corporation (“Plaintiff”¿or “Tufeld”)¿is the owner and landlord of property consisting of a city lot located at 973-77 Wilshire Blvd., Beverly Hills, California (“Property”).¿Defendant Beverly Hills Gateway LP (“Defendant”¿or “BHG”)¿is the current tenant on the Property pursuant to a¿ground lease (“Ground Lease”) which was execut...
2023.06.22 Motion to Tax Costs 378
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.22
Excerpt: ...E RULING: 1. Motion to Tax Costs is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 22, 2022, Plaintiff Wilfred J. Killian (“Plaintiff”) filed a complaint against Defendants Marc Anthony Cubas, Vlaze Media Networks, Inc., Patrick O'Greene, Sydney Susana Cubas, Jose Hernandez (“Defendants.”) The complaint alleges five causes of action: (1) Trade Libel, (2) Intentional Infliction of Emotional Distress, (3) Negligent Inflicti...
2023.06.22 Motion to Compel Arbitration 418
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.22
Excerpt: ...ING: 1. Motion to Compel Arbitration is DENIED. 2. Motion for a Stay of the Proceedings is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 5, 2022, Plaintiff Aaliyah Finley (“Plaintiff”) filed a complaint against Defendants LAD-N, LLC dba Lithia Nissan of Downtown LA and Nissan North America, Inc. (“Defendants.”) The complaint alleged two causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty ...
2023.06.21 Motion to Compel Arbitration 252
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.21
Excerpt: ...pelling arbitration. 2. An order staying the proceeding. TENTATIVE RULING: 1. Motion to Compel Arbitration is DENIED. 2. Motion to Stay the Proceeding is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 16, 2022, Plaintiff Rene Tonelli (“Plaintiff”) filed a complaint against Defendants Anheuser-Busch Commercial Strategy LLC, Anheuser-Busch Inbev Worldwide, Inc., Anheuser-Busch LLC, Anheuser-Busch Companies, LLC, Anheuser-Bu...
2023.06.21 Motion for Approval of PAGA Settlement 133
Location: Los Angeles
Judge: Kalra, Upinder S
Hearing Date: 2023.06.21
Excerpt: ...GA Settlement is GRANTED. 2) Request for Plaintiffs' Attorneys' Fees Costs is GRANTED. 3) Request for Plaintiffs Enhancement is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 12, 2021, Plaintiff Veronica Buenrostro Flores, individually, and on behalf of all other aggrieved employees, (“Plaintiff”) filed a complaint against Defendant Langer Juice Company, Inc. for Violations of California Labor Code Private Attorneys Gener...

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