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2024.03.26 Motion to Tax Costs 069
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.26
Excerpt: ...s (“Rios”). Plaintiffs presents: (1) Dr. Fu was informed by Rios that the baby did not have a fetal heart tone and had died in utero and was in breach with his feet; (2) Fu began to deliver the baby in a negligent manner causing the head of the baby to become entrapped and detached; (3) the delivery was such that the baby was delivered with the decapitated head remaining within Flores; (4) Dr. Fu presented the body of the baby to Flores witho...
2024.03.19 Petition for Relief to File Late Claim 835
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.19
Excerpt: ...pped and fell due to a black oily substance on the ground, sustaining injury. On August 01, 2023, Plaintiff filed her Complaint alleging three causes of action: (1) Premises Liability against Whispering Palms, HPN, Palmdale, and Palmdale Housing Authority; (2) General Negligence against Whispering Palms, HPN, Palmdale, Palmdale Hous ing Authority; and (3) Government Tort Liability (Cal. Gov. Code §§ 815.2, 815.4, 820, 835, and 840.2. On Februar...
2024.03.19 Motion to Set Aside Dismissal 259
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.19
Excerpt: ...er, CA 93535 (“Property No. 2” and, collectively, the “Properties”); and (3) a property management agreement for 2707 E. Avenue I, Lancaster, CA 93535 (“Property No. 3”). The residential agreement was set at the rate of $300.00 per month. Plaintiff presents: 1. He had accepted the rental agreement and, beginning April 2013, had occupied the apartment on the second floor of Property No. 1, and paid a total of $11,400.00 ($300.00/month)...
2024.03.12 Motion to Set Aside Dismissal 066
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.12
Excerpt: ...uction (“Mosman's Town & Country Carpet & Construction” and collectively “Defend ants”) are former commercial tenants of hers. Plaintiff further alleges damages stemming from their time as her tenants. On January 18, 2023, Plaintiff filed her Complaint alleging once cause of action for General Negligence and four causes of action labelled “Intentional Tort.” On February 24, 2023, Defendants filed their Demurrer with Motion to Strike t...
2024.03.12 Motion for Leave to File FAA 272
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.12
Excerpt: ...ent, operation, and use of their vehicle and, as a result, struck a singular unspecified plaintiff's vehicle, causing damages to the unspecified plaintiff. Defendant Fairmount Contractors LLC (“Fair mount” and with Wood, Jr., “Defendants”) is alleged to be the owner of the vehicle and negligently entrusted, allowed, and permitted Wood, Jr., to use its vehicle when it knew or should have known that Wood, Jr., (1) did not possess the requis...
2024.03.05 Demurrer, Motion to Strike 097
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.03.05
Excerpt: ...d (2) provide the titles of each of the vehicles to Plaintiff once he received them. Plaintiff states he paid $98,000.00 out of the $120,000.00. Plaintiff further alleges that on or about January 12, 2023, Ford Finance came to Plaintiff's place of business and repossessed the first van; on February 04, 2023, For Finance came again to Plaintiff's place of business and repossessed the second van; and subsequently the other two vans were also reposs...
2024.02.27 Motion to Deem RFAs Admitted 869
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ...ff, he slipped, and hit parts of his head, causing physical damages amounting in $19,500.00 in actu al physical treatment. Plaintiff further alleges that Embassy Suites and Defendant Navika Capital Group, LLC (“Navika”) caused the damages through their negligence. On November 02, 2022, Plaintiff filed his Complaint alleging one cause of action for General Negligence. On January 06, 2023, Navika filed their Answer. On January 30, 2024, Navika ...
2024.02.27 Motion to Compel Further Responses 100
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ...mities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission, electrical and brakes, which substantially impair the use, value, and/or safety of the Subject Vehicle; (2) Plaintiff delivered the Subject Vehicle to one of Defendant's authorized repair facility for repair of the nonconformities ; (3) Defendant was unable to conform the Subject Vehicle to the applicable express warr...
2024.02.27 Motion for Summary Judgment, Adjudication 899
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ...to provide funeral -related services, and to accomplish the cremation of the remains of Decedent Francisco Avila (“Decedent”) for the benefit of Plaintiffs; however, at some point in time between J anuary 09, 2021 to January 23, 2021, Defendants mishandled Decedent's remains by releasing Decedent's body to an unauthorized funeral home, Doe 1, whereby decedent's body was embalmed and presented to a stranger's family for funeral services. Plain...
2024.02.27 Motion for Leave for PsychologicalExam 628
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ...to provide funeral -related services, and to accomplish the cremation of the remains of Decedent Francisco Avila (“Decedent”) for the benefit of Plaintiffs; however, at some point in time between January 09, 2021 to January 23, 2021, Defendants mishandled Decedent's remains by releasing Decedent's body to an unauthorized funeral home, Doe 1, whereby decedent's body was embalmed and presented to a stranger's family for funeral services. Plaint...
2024.02.27 Demurrer, Motion to Strike 032
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ... Ford Econoline wheelchair accessible van driven by Create Choice's employee Defendant Marcus Russel l (“Russell”) when Russell rear-ended a vehicle that was stopped ahead of him. Plaintiff contends that prior to the incident, Russell was responsible for securing Plaintiff's wheelchair and failed to properly do so, causing the wheelchair to launch during the collision, injuring Plaintiff. Plaintiff further alleges that, following the collisio...
2024.02.27 Demurrer 140
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.27
Excerpt: ...name. Plaintiffs present that Defendants Maria Gaytan (“Maria”) [1] and Francisco Gaytan (“Francisco” and collectively “Defendants”), Millan's brother, obtained the loan and title in his name to accommodate Millan; that an agreement was made whereby one defendant agreed to deed the Subject Property to Plaintiffs at a later date when Plaintiffs would be eligible to hold title; and Millan paid the down payment, closing costs, commission...
2024.02.20 Demurrer 232
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...as told from an unknown source that the restroom was not available, but was being worked on; and ( 2) was told by some bikers that someone had overdosed on drugs in the restroom and the restroom had been welded shut. Plaintiff presents that, on the third time, after talking to the bikers, he returned inside the Arco AM/PM and confirmed the information w ith Maggie who informed him that the restroom door was welded shut several months ago. Plainti...
2024.02.20 Demurrer 297
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...d his friend that his chest was bothering him. As a result of this, Decedent's friend allegedly called for an ambulance and Defendant Hall Ambulance Services, Inc. (“Hall Ambulance”) responded. Plaintiff further alleges that Hall Ambulance's employees (1) notated that Decedent was walking around the property talking to himself, had dilated pupils, appeared to be deranged, had a bounding radial pulse, was in tachycardia, and had pale, warm, an...
2024.02.20 Motion to Compel Further Responses, for Sanctions 740
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ch Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance for a specified period of time. Plaintiff further alleges that during the warranty period, the Subject Vehicle contained or developed defects, including but not limited to, defective electrical system, defective engine, defective ignition system, and “[a]ny additional complaints made...
2024.02.20 Motion to Set Aside or Vacate Default, Judgment 574
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...he risk of loss or damage to said motor vehicle; and (2) said vehicle was being lawfully operated o r parked along and upon certain public streets and highways within the County of Los Angeles Central Judicial District when Defendant Susan Diane Blackburn (“Susan”) [1] negligently operated an uninsured vehicle that was owned by Susan and Defendant Guy Paul Blackburn, III (“Guy” and collectively “Defendants”), causing a collision that ...
2024.02.20 Motion to Vacate or Set Aside Judgment 191
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ed at various times and in various places notices of their intent to sell the Subject Property at a pu blic auction on June 16, 2022 at 9:00 at 1311 Sycamore Drive in Norwalk, Los Angeles County, California; (3) Nerez attempted to sell the Subject Property to Defendant GHI Investments LLC (“GHI”) for valuable consideration, and (4) the sale was wrongful because Plaintiff did not grant and convey to any trustee the Subject Property. On Februar...
2024.02.20 Motion to Compel Responses 041
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.20
Excerpt: ...ue to this and Defendant's failure to operate its vehicle safely, while attempting to board Defendant's car, Plaintiff fell, sustaining severe injuries. On January 11, 2023, Plaintiff filed his Complaint alleging two causes of action for General Negligence and Premises Liability. On February 27, 2023, Defendant filed its Answer. On July 19, 2023, counsel for Plaintiff filed an Ex Parte Application to be Relieved as Counsel. On July 19, 2023, the ...
2024.02.06 Motion to Deem RFAs Admitted 156
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ... Defendants Qualityloan Service Corporation (“Qualityloan”); Select Portfolio Servicing, Inc. (“Select Portfolio”); Wilmington Savings Fund Society, FSB, as owner trustee of CMSC 2021-RPL11 (“Wilmington Savings”); and all persons claiming legal, equitable, lien, and estate in the property located at 38140 Archwood Way, Palmdale, California 93552, APN 3024-036-039. Plaintiff further alleges that Defendants failed to comply with provisi...
2024.02.06 Motion for Summary Judgment 419
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ...ped on water and/or a similar substance on the floor causing him to slip and fall. Plaintiff further alleges that the slip and fall caused him to endure severe injury and pain. On May 24, 2021, Plaintiff filed his Complaint alleging two causes of action for Negligence and Premises Liability. On February 02, 2023, Defendant filed its Answer. The Court notes that the Answer states that Defendant is “OMG SPORTS II INC., dba Rockin' Jump Trampoline...
2024.02.06 Motion for Judgment on the Pleadings 425
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ...ado and Marisela S Preciado, at or about the intersection E. Palmdale Avenue and 30th Street East in Palmdale, California 93550. Plaintiff further alleges damages in the following amounts: (1) $4,339.68 in property damage, and $30,000.00 in damages to Juan Ramos Preciado and Marisela S Preciado's persons. On May 25, 2021, Plaintiff filed its Complaint for Property Damages and Uninsured Motorist Bodily Injury. On July 21, 2021, Fabiola filed her A...
2024.02.06 Demurrer 876
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.02.06
Excerpt: ...as bedbug) bites during Plaintiff's stay at Defendants' hotel on November 03, 2019. Plaintiff checked in to the hotel on November 02, 2019. On November 03, 2019, Plaintiff states that she awoke at 2 a.m. with an “intense itching sensation.” (Compl. ¶ 15.) She alleges that when she pulled back the covers, she discovered bedbugs which she reported to hotel staff. Plaintiff contends that cleaning staff then came to inspect the room at which tim...
2024.01.30 Motion for Protective Order Quashing Subpoena of PMQ 112
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.30
Excerpt: ...hich resulted in severe and permanent injuries to her, including paralysis. Plaintiff further alleges that (1) Dr. Lai was an employee or contractor retained by Defendant Advanced Pain Medical Group, Inc. (“ADMG”); (2) Defendant Shira Amor Bizaoui, CRNA (“Bizaoui”) acted as a California certified registered nurse anesthetist in connection with the March 5, 2020 epidural injection to Plaintiff; (3) Bizaoui was an employee or contractor ret...
2024.01.30 Demurrer 758
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.30
Excerpt: ...July 18, 2023, Plaintiff filed his Complaint alleging five causes of action for: (1) Assault; (2) Battery; (3) Intentional Infliction of Emotional Distress (“IIED”); (4) Negligence; and (5) Negligent Hiring, Supervision, and Retention. On September 06, 2023, Plaintiff filed this Motion for an Order Nunc Pro Tunc Correcting an E-Filing Error of the Filing Date of the Summons and Complaint, subsequently granted. The Complaint is deemed filed on...
2024.01.30 Demurrer 628
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.30
Excerpt: ...he fight. Plaintiff further alleges that he went over to the direction of the fight and saw a male, later identified as Joseph M. Quirola, sued here as the Estate of Joseph M. Quirola (as to both the estate and the individual “Quirola”), and asked Quirola to stop, but Quirola's female companion intervened and yelled at Plaintiff to leave them alone and not tell them what to do. Plaintiff presents that, afterwards, the Quirola's female compani...
2024.01.23 Demurrer, Motion to Strike 744
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...ount of $283,000, memorialized by a Deed of Trust with the maturity due date of September 01, 2037. Plaintiffs further allege: (1) a subsequent string of assignments led the Deed of Trust to be purportedly assigned to Defendant U.S. Bank Trust National Association, solely as trustee of the Truman 2021 SC9 Title Trust (“U.S. Bank”); (2) on August 30, 2022, a Notice of Default and Election to Sell Under Deed of Trust was recorded in the in the ...
2024.01.23 Demurrer, Motion to Strike 657
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...nitiate an unlawful detained (“UD”) action to lawfully evict her; Defendant entered the Property without Plaintiff's permission and without 24 hour written notice; and Plaintiff is currently denied access to the Property. On June 20, 2023, Plaintiff filed her Complaint alleging two causes of action for Illegal Lockout of Tenant and Trespass. On October 04, 2023, Plaintiff filed her First Amended Complaint (“FAC”) alleging five causes of a...
2024.01.23 Motion to Compel Arbitration 212
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...f 5 years of 60,000 miles, whichever came first, and an express limited power train warranty covering 10 years or 100,000 miles, whichever came first. Plaintiffs present that the Subject Vehicle had various defects and/or nonconformities in the battery system, including an inability to take a charge; that these defects were present at the time of sale; and, at the time of sale, Defendant and the selling dealership were aware of the problems in th...
2024.01.23 Motion for Reconsideration, for Sanctions 396
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...mises Liability. On July 11, 2022, Defendant filed its Answer. On September 30, 2022, Defendant filed three motions: (1) a Motion to Compel Plaintiff's Answers to Request for Production of Documents; (2) a Motion to Compel Plaintiff's Answers to Form Interrogatories, and (3) a Motion to Compel Plaintiff's Answers to Special Interrogatories. On December 06, 2022, the aforementioned motions were granted. On January 11, 2023, Defendant filed a Motio...
2024.01.23 Motion for Summary Judgment 905
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...ff on both of her arms. Plaintiff further alleges that sustained severe injuries. On November 09, 2021, Plaintiff filed her Complaint alleging two causes of action for Negligence and Premises Liability. On October 28, 2022, Tom and Audrey (collectively “Moving Defendants”) filed their Answer. The Court notes that Laura was served on January 23, 2023 and, at this time, has neither answered nor been placed in default. On November 07, 2023, Movi...
2024.01.23 Special Motion to Strike 144
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.23
Excerpt: ...if you have anything to do with the Vandam [sic] family, I would be extremely careful…Evil, evil, evil who hide behind the word of God;” · “They make fun of special needs adults calling them retards…;” · “…and will do things to break up marriages and relationships;” and · They will make up lie after lie…” Plaintiffs present that Defendant has a social media presence due to her status in the community and her time as a reali...
2024.01.16 Motion to Strike 898
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.16
Excerpt: ...t 40123 98th St. W, Leona Valley, California as an unlicensed automotive repair dealer and unlicensed vehicle dealer. Plaintiff presents that he is the owner of 11 automobile sand co-owner of one automobile and has had issues with Defendants over each vehicle as follows: · 1973 365 GTB/4 Daytona Ferrari – Plaintiff purchased the Daytona Ferrari and Don conducted a pre- purchase inspection, quoting $45,000.00 to repair the vehicle. No written s...
2024.01.16 Motion to Quash 898
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.16
Excerpt: ...t 40123 98th St. W, Leona Valley, California as an unlicensed automotive repair dealer and unlicensed vehicle dealer. Plaintiff presents that he is the owner of 11 automobile sand co-owner of one automobile and has had issues with Defendants over each vehicle as follows: · 1973 365 GTB/4 Daytona Ferrari – Plaintiff purchased the Daytona Ferrari and Don conducted a pre- purchase inspection, quoting $45,000.00 to repair the vehicle. No written s...
2024.01.16 Demurrer 003
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.16
Excerpt: ... within the applicable express warranty period, FMC had a duty to offer to repurchase or replace the Subject Vehicle after it failed to conform the Subject Vehicle to the terms of the express warranty after a reasonable number of attempts, and FMC failed to do so. Regarding Defendant Diamond Ford (“Diamond”), Plaintiff alleges that Diamond breached its duty to Plaintiff to use ordinary care and skills by failing to property store, prepare, an...
2024.01.09 Motion to Compel Further Responses 345
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.09
Excerpt: ...) was travelling westbound on Avenue F when she entered the intersection without stopping at her stop sign due to a dangerous condition on the roadway, causing the Subject Vehicle to broadside Houghton's vehicle.¿ (Complaint, at ¶ 1.)¿ The Subject Vehicle overturned and collided with a wooden electrical pole, causing the pole to collapse, on the northwest corner, before coming to rest on the adjacent dirt field.¿ On May 19, 2020, Plaintiff fi...
2024.01.02 Motion to Strike 476
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.02
Excerpt: ...“Jana”) and/or their predecessors and/or their successors-in-interest. Plaintiff presents that she has paid rent each month since the inception of her tenancy and her rent is paid in two parts: (1) $30.42 by herself, and (2) $1,719.58 by Brilliant Corners. Plaintiff alleges the following conditions of the Subject Property: · A gas leak that began on or around August 2022, was brought to management's attention and brushed off, was reported to...
2024.01.02 Motion to Compel Further Responses, for Sanctions 899
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.02
Excerpt: ...provide funeral-related services, and to accomplish the cremation of the remains of Decedent Francisco Avila (“Decedent”) for the benefit of Plaintiffs; however, at some point in time between January 09, 2021 to January 23, 2021, Defendants mishandled Decedent's remains by releasing Decedent's body to an unauthorized funeral home, Doe 1, whereby decedent's body was embalmed and presented to a stranger's family for funeral services. Plaintiffs...
2024.01.02 Motion for Summary Judgment 359
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.02
Excerpt: ...d him, resulting in serious injuries. Plaintiff presents that Defendant Terrence Carl Kennedy (“Kennedy”) owned Dunkin and, after the attack, called Dunkin back to the house. As to Defendants Xiao Fan Xiao (“Xiao”) and Yun Lee Fong (“Fong” and, with Xiao, “Moving Defendants”), Plaintiff alleges that they are liable for his damages as they knew Dunkin was aggressive and/or dangerous and did not take reasonable measures to ensure he...
2024.01.02 Demurrer 156
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2024.01.02
Excerpt: ... Defendants Qualityloan Service Corporation (“Qualityloan Service”); Select Portfolio Servicing Inc. (“SPS”); Wilmington Savings Fund Society, FSB, as owner trustee of CMSC 2021-RPL11, erroneously sued as Wlmington Savings Fund Society, as owner trustee of CMSC 2021-RPL11 (“WSFS”); all persons claiming legal, equitable, lien, and estate in the property located at 39140 Archwood Way, Palmdale California 93552, APN 3024-036-039 (collect...
2023.12.26 Motion for Summary Judgment 441
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.26
Excerpt: ... GHI presents that the non-judicial foreclosure leading up to the trustee's sale was conducted in compliance with Cal. Civ. Code § 2924, GHI duly perfected title and paid valuable consideration for the Property. GHI further alleges that in February 2023, it served on Rouzan a Notice to Quit in compliance with Cal. Code Civ. Proc. § 1162, more than three days have elapsed, and Rouzan remains in possession of the Property without GHI's consent. O...
2023.12.26 Motion to Compel Deposition Testimony 942
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.26
Excerpt: ...2019,¿Plaintiff filed his Complaint alleging one cause of action for Negligence.¿ ¿ On¿November 18, 2020, the Court found this case and cases¿20AVCV00075 and 20AVCV00110 were related and deemed this case the lead case.¿ On¿December 21, 2020, Defendants¿filed a Motion for Judgment on the Pleadings, subsequently granted with leave to amend. On June 25, 2021, Plaintiff filed his First Amended Complaint (“FAC”), alleging two causes of act...
2023.12.26 Motion to Compel Deposition of PMQ 034
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.26
Excerpt: ...epair shop that was authorized by Defendant for repair, but they were unable to conform the Subject Vehicle to the express warranty after a reasonable number of attempts; and (4) Defendant has failed to either promptly replace the Subject Vehicle or make prompt restitution in accordance with the Song- Beverly Act. On December 13, 2022, Plaintiff filed his Complaint alleging one cause of action for Violation of Song- Beverly Act – Breach of Expr...
2023.12.19 Motion to Set Aside Entry of Default 619
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.19
Excerpt: ...vely “Defendants”) are the agent and employees of each of the other defendants and were at all times acting within the course and scope of that agency and employment. Plaintiffs further allege Defendants were negligent in their care of James Mark Thompson (“Decedent”). Plaintiffs present that Decedent died on September 10, 2021. On August 23, 2022, Plaintiffs filed their Complaint against Defendants alleging one cause of action for Genera...
2023.12.19 Motion to Enforce Settlement 143
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.19
Excerpt: ...laintiff filed his Complaint alleging one cause of action for Negligence. On May 06, 2022, Defendant filed his Answer. On February 09, 2023, the parties entered into a stipulation to continue trial. On February 10, 2023, the Court issued a Notice of Hearing for a Mandatory Settlement Conference (“MSC”) set in June 2023. Subsequently, a continuance of this MSC was noticed for a later date in June 2023. On July 10, 2023, the parties entered int...
2023.12.19 Motion for Summary Judgment 515
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.19
Excerpt: ...ng aisle near the fresh juice refrigerator section of the store, causing her to fall on the concrete floor surface and sustain injuries. On June 23, 2021, Plaintiff filed her Complaint alleging two causes of action for: (1) Negligence, and (2) Premises Liability. On July 30, 2023, Defendant Food 4 Less of California, Inc. dba Food 4 Less, erroneously sued as Food 4 Less of California, Inc., a California Corporation (“Food 4 Less California”),...
2023.12.19 Motion for Discovery Under Pitchess 558
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.19
Excerpt: ...ngfully, entrusted, permitted, managed, serviced, repaired, inspected, maintained, operated, controlled and drove their said vehicle so as to proximately cause the collision between Plaintiffs vehicle and defendants' vehicle and thereby proximately causing the injuries and damages to Plaintiff. On July 02, 2021, Plaintiff filed her Complaint alleging two causes of action for Motor Vehicle and General Negligence. On October 10, 2021, COLA filed it...
2023.12.19 Demurrer, Motion to Strike 380
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.19
Excerpt: ...stributed by Defendant. The Subject Vehicle was purchased at Parkway Cadillac Hummer GMC in Valencia, CA, alleged to be Defendant's authorized dealer. Plaintiff further alleges that authorized personnel at the aforementioned dealership in Valencia, CA failed to disclose to Plaintiff information related to allegedly known defects in the Subject Vehicle. Plaintiff contends that his attempts to obtain remediation of defects were ineffective as a res...
2023.12.19 Demurrer 005
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.19
Excerpt: ...d and entire body, causing injuries. Plaintiff presents that, at the time, there were no sandbags on the panel stands to prevent the fence from falling, no warning signs, and that the fence was so heavy it required six adult males to lift the it to get him out. On September 06, 2023, Plaintiff filed his Complaint alleging three causes of action for: (1) Dangerous Condition of Public Property (Gov. Code § 835) against Defendants City of Palmdale ...
2023.12.12 Demurrer 746
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...hnologies, Inc. (“Uber” and collectively “Defendants”) and was operating the vehicle during the scope of her employment. Plaintiff alleges that the accident was the result of Barnes' negligent operation, control, ownership, and maintenance of the vehicle and Uber is liable under the doctrine of respondeat superior. On July 17, 2023, Plaintiff filed her Complaint, alleging two causes of action for: (1) Negligence against all defendants; an...
2023.12.12 Demurrer 191
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...ed at various times and in various places notices of their intent to sell the Subject Property at a public auction on June 16, 2022 at 9:00 at 1311 Sycamore Drive in Norwalk, Los Angeles County, California; (3) Nerez attempted to sell the Subject Property to Defendant GHI Investments LLC (“GHI”) for valuable consideration, and (4) the sale was wrongful because Plaintiff did not grant and convey to any trustee the Subject Property. On February...
2023.12.12 Demurrer 581
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ... or other institutions that buy and sell mortgage-backed security. Plaintiff alleges that NAF received up to three times the amount of money required to purchase the property and kept the proceeds to itself. On June 02, 2023, Plaintiff filed his Complaint alleging four causes of action for: (1) Breach of Contract, (2) General Negligence, (3) Fraud, and (4) Common Counts. On October 12, 2023, NAF and Defendants Rick Arvielo (“Rick”) [1] and Pa...
2023.12.12 Motion to Compel Arbitration 873
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...Vehicle; Defendant could not repair the Subject Vehicle; Plaintiff revoked acceptance of the Subject Vehicle in writing on April 27, 2023; and Defendant refused Plaintiff's demand for revocation. Plaintiff presents that the Subject Vehicle remains in a defective and unmerchantable condition and, as such, Plaintiff has and will continue to be financially damaged due do Defendant's failure to comply with provisions of its express and implied warran...
2023.12.12 Demurrer, Motion to Strike 376
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...anties, including but not limited to: bumper-bumper warranty, powertrain warranty, emission warranty. Plaintiff contends (1) defects and nonconformities occurred during the express warranty period, including but not limited to, battery defects, engine defects, electrical defects, transmission defects, and infotainment defects; and (2) that Defendantknew (or should have known) that the battery system in the Subject Vehicle had one or more defects ...
2023.12.12 Motion to Set Aside and Vacate Dismissal 751
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...ndant failed to pay rent, a 3-Day Notice to Pay/30-Day Notice to Quit was served on either May 23, 2023 or June 23, 2023 [1] , and Plaintiff now owes past-rent due in the amount of $27,868.54. On July 17, 2023, Plaintiff filed its Complaint alleging one cause of action for Unlawful Detainer (“UD”). On August 07, 2023, Defendant filed her Answer. On October 11, 2023, a non-jury trial was held. Plaintiff did not appear. The Court dismissed the ...
2023.12.12 Motion for Judgment on the Pleadings 770
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...Plaintiff out of her classes, take her tohis office on campus, and sexually abuse her. On October 04, 2022, Plaintiff filed her Complaint alleging eight (8) causes of action for: (1) Sexual Abuse of a Minor against Gomez; (2) Intentional Infliction of Emotional Distress (“IIED”) against Gomez; (3) Sexual Harassment (Cal. Civ. Code §§ 51.9 and 52); (4) Negligent Hiring, Supervision, and Retention of an Unfit Employee against EUSD; (5) Breach...
2023.12.12 Motion to Compel Further Responses 562
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.12
Excerpt: ...ngeles (“COLA”), which was ultimately denied on May 21, 2018.¿ ¿On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public ...
2023.12.05 Motion for Summary Judgment 742
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.12.05
Excerpt: ...n falling from a piece of playground equipment. Multiple pleadings were filed, starting with the Complaint on October 13, 2020. The operative pleading is the Third Amended Complaint (“TAC”) filed on June 03, 2021, alleging one (1) cause of action for: negligent supervision. The Court notes that there are two other defendants in this action: (1) City of Palmdale, and (2) County of Los Angeles (“COLA”). While COLA was dismissed pursuant to ...
2023.11.28 Motion for Summary Adjudication 562
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ... Angeles (COLA), which was ultimately denied on May 21, 2018.¿ ¿ On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public Nui...
2023.11.28 Motion for Issue, Evidentiary Sanctions, for Dismissal, Monetary Sanctions 396
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ...uly 11, 2022, Defendant filed its Answer. On September 30, 2022, Defendant filed three motions:  Motion to Compel Plaintiff's Answers to Request for Production of Documents (“Motion to Compel RFPs”),  Motion to Compel Plaintiff's Answers to Form Interrogatories (“Motion to Compel Form Interrogatories”), and  Motion to Compel Plaintiff's Answers to Special Interrogatories (“Motion to Compel Special Interrogatories”). On Decemb...
2023.11.28 Demurrer to FAC, Motion to Strike 545
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ...t Bracero demurred and moved to strike the original complaint. On September 25, 2023, Defendant filed an answer to the complaint. On October 4, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant Bracero alleging (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit. On October 20, 2023, Defendant Bracero filed a demurrer to the FAC and a motion to strike set for hearing on November 28...
2023.11.28 Motion to Compel Further Answers at Deposition 838
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ...andez, Zenaida Hernandez, Alejandra Rodriguez, and Guadalupe Hernandez – (collectively “Plaintiffs”) are Decedent's surviving adult children. On October 20, 2021, Plaintiffs initiated this lawsuit against the District. They also sued two nurses (Samantha Davis and Veronica Silva) and a doctor (Taher Katouzian), whom they eventually dismissed from the action. Plaintiffs filed the operative First Amended Complaint on April 13, 2022. After the...
2023.11.28 Motion to Compel Further Answers, for Monetary Sanctions 838
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ...andez, Zenaida Hernandez, Alejandra Rodriguez, and Guadalupe Hernandez – (collectively “Plaintiffs”) are Decedent's surviving adult children. On October 20, 2021, Plaintiffs initiated this lawsuit against the District. They also sued two nurses (Samantha Davis and Veronica Silva) and a doctor (Taher Katouzian), whom they eventually dismissed from the action. Plaintiffs filed the operative First Amended Complaint on April 13, 2022. After the...
2023.11.28 Motion to Compel Production of Oxygen Tank 838
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ...andez, Zenaida Hernandez, Alejandra Rodriguez, and Guadalupe Hernandez – (collectively “Plaintiffs”) are Decedent's surviving adult children. On October 20, 2021, Plaintiffs initiated this lawsuit against the District. They also sued two nurses (Samantha Davis and Veronica Silva) and a doctor (Taher Katouzian), whom they eventually dismissed from the action. Plaintiffs filed the operative First Amended Complaint on April 13, 2022. After the...
2023.11.28 Motion to Compel Responses 562
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.28
Excerpt: ... Angeles (COLA), which was ultimately denied on May 21, 2018.¿ ¿ On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public Nui...
2023.11.14 Motion to Compel Further Responses 899
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.14
Excerpt: ...o provide funeral-related services, and to accomplish the cremation of the remains of Decedent Francisco Avila (“Decedent”) for the benefit of Plaintiffs; however, at some point in time between January 09, 2021 to January 23, 2021, Defendants mishandled Decedent's remains by releasing Decedent's body to an unauthorized funeral home, Doe 1, whereby decedent's body was embalmed and presented to a stranger's family for funeral services. Plaintif...
2023.11.14 Motion to Compel Deposition 471
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.14
Excerpt: ...Defendants”) and operated the motor vehicle negligently so as to be the legal cause of injuries and damages to Plaintiff. On July 14, 2020, Plaintiff filed her Complaint alleging one cause of action for Motor Vehicle. On December 29, 2021, AVSTA filed its Answer. On March 11, 2022, Hammond filed her Answer. On October 18, 2023, Defendants filed this Motion to Compel the Deposition of Plaintiff (“Motion to Compel”). On November 06, 2023, Def...
2023.11.14 Motion for Judgment on the Pleadings 569
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.14
Excerpt: ...and changed his sentence from 22 years and four months to 20 years and four months. Plaintiff presents that, had the appropriate time been taken off, he would qualify for immediate release. Plaintiff further presents that he wrote to Defendants to receive help, but did not receive any. On May 11, 2023, Plaintiff filed his Complaint alleging three causes of action for: (1) General Negligence, (2) Intentional Lability, and (3) Premises Liability. T...
2023.11.14 Motion to Stay Action 733
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.14
Excerpt: ...ship and, should defects exist, Jayco promised to make or provide repairs that were free of charges during the warranty period. Plaintiffs further present that, from the time of purchase, the Subject Vehicle has suffered extensive and ongoing problems with mechanical and fit and finish issues. Plaintiffs present that they brought the vehicle to Defendant All Valley RV Center, Inc. (“All Valley” and collectively with Jayco “Defendants”) fo...
2023.11.07 Motion to Deem RFAs Admitted, for Sanctions 425
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.07
Excerpt: ...ciado and Marisela S Preciado, at or about the intersection E. Palmdale Avenue and 30th Street East in Palmdale, California 93550. Plaintiff further alleges damages in the following amounts: (1) $4,339.68 in property damage, and $30,000.00 in damages to Juan Ramos Preciado and Marisela S Preciado's persons. On May 25, 2021, Plaintiff filed its Complaint for Property Damages and Uninsured Motorist Bodily Injury. On July 21, 2021, Fabiola filed her...
2023.11.07 Motion to Compel Responses 541
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.07
Excerpt: ...and “labiaectomies;” and (2) made a broad transverse incision of Plaintiff's abdomen, causing major scarring and painful adhesions. Plaintiff presents that she must undergo a second abdominal surgery to perform the total vaginectomy and “labiaectomies” which were left undone and concealed from Plaintiff. On August 05, 2022, Plaintiff filed her Complaint alleging four causes of action for: (1) General Negligence, (2) Intentional Tort, (3) ...
2023.11.07 Demurrer, Motion to Strike 187
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.07
Excerpt: ... told to Wallace on several occasions and Mrs. Wallace acknowledged to Plaintiff that the house would go to her. Plaintiff further alleges that this intention was also codified in a writing when Wallace sent Plaintiff an acknowledgement of full distribution that gave Plaintiff 100% legal and equitable title in the Property (Exhibit 2) and by a follow up letter on or around November 2021 (Exhibit 3). Plaintiff believes that Wallace willfully and i...
2023.11.07 Demurrer 187-1
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.11.07
Excerpt: ...as told to Wallace on several occasions and Mrs. Wallace acknowledged to Plaintiff that the house would go to her. Plaintiff further alleges that this intention was also codified in a writing when Wallace sent Plaintiff an acknowledgement of full distribution that gave Plaintiff 100% legal and equitable title in the Property (Exhibit 2) and by a follow up letter on or around November 2021 (Exhibit 3). Plaintiff believes that Wallace willfully and...
2023.10.31 Demurrer, Motion for Sanctions 490
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.31
Excerpt: ...f was driving, causing property damage, bodily injury, and general damages; and (2) on or about January 21, 2020, at Town Center Drive & Rancho Vista, Palmdale, CA 93551, Allison Alloway (“Alloway”) owned and/or operated a motor vehicle, causing a collision by striking the vehicle Plaintiff was driving, causing property damage, bodily injury, and general damages. The Court notes that though there are two incidents alleged, a common factor to ...
2023.10.31 Demurrer 247
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.31
Excerpt: ...months and, on or around December 2021, the forbearance ended. Plaintiff presents that he continued to make his regularly scheduled mortgage payments starting in December 2021. Plaintiff contends that on or around August 2022, Defendant Nationstar Mortgage, LLC dba Mr. Cooper (“Defendant”) stopped accepting payments from Plaintiff. Plaintiff alleges that over the next several months, he would regularly seek non-foreclosure alternatives from v...
2023.10.31 Demurrer 884
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.31
Excerpt: ...ithin the applicable express warranty period and FMC failed to either promptly replace the Subject Vehicle or to promptly make restitution in accordance with the Song-Beverly Act. Plaintiff further alleges that Defendant Diamond Ford (“Diamond” and collectively “Defendants”) owed a duty to Plaintiff to use ordinary care and skill in storage, preparation and repair of the Subject Vehicle in accordance with industry standards and breached s...
2023.10.31 Motion to Contest Application for Determination of Good Faith Settlement 098
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.31
Excerpt: ... of Avenue G and 30th Street East in Lancaster, CA when a vehicle pulled directly into her path of travel when as she entered the intersection, causing an accident. Plaintiffs present that all parties to the accident agree that there was a visibility issue due to poor lighting at the intersection and the poor lighting was known by Defendants County of Los Angeles (“COLA”) and City of Lancaster (“Lancaster”) know of said issue prior to the...
2023.10.31 Motion to Dismiss 066
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.31
Excerpt: ...truction (“Mosman's Town & Country Carpet & Construction” and collectively “Defendants”) are former commercial tenants of hers. Plaintiff further alleges damages stemming from their time as her tenants. On January 18, 2023, Plaintiff filed her Complaint alleging once cause of action for General Negligence and four causes of action labelled “Intentional Tort.” On February 24, 2023, Defendants filed their Demurrer with Motion to Strike ...
2023.10.31 Motion to Stay Action 523
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.31
Excerpt: ... KB Home, erroneously named as KB Home, Inc.; KB Home Greater Los Angeles, Inc.; KB Home Sales – Southern California Inc., erroneously named KB Home Sales, Inc.; and KB Home Holdings, Inc., erroneously named as KB Home Holding, Inc. (collectively “Defendants”) named Carl to let him know if anything was wrong with the house within the first 10 days. Plaintiffs present that they noticed bubbles in the vinyl flooring and alerted Carl. Followin...
2023.10.24 Petition for Relief from Provisions of Government Code 945.4 207
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.24
Excerpt: ...ntersection, thereupon Plaintiff was struck by MetroLink Train #212. Plaintiff presents there was an unengaged guardrail and no visible warning signs or flashing lights. On February 22, 2023, Plaintiff filed his Complaint alleging three causes of action for: (1) Negligence, (2) Dangerous Condition, and (3) Negligent Hiring/Retention/Training/ Supervision. On September 05, 2023, Plaintiff filed a Notice of Hearing on Petition for Order Permitting ...
2023.10.24 Motion for Summary Judgment 345
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.24
Excerpt: ...�) was travelling westbound on Avenue F when she entered the intersection without stopping at her stop sign due to a dangerous condition on the roadway, causing the Subject Vehicle to broadside Houghton's vehicle.¿ (Complaint, at ¶ 1.)¿ The Subject Vehicle overturned and collided with a wooden electrical pole, causing the pole to collapse, on the northwest corner, before coming to rest on the adjacent dirt field.¿ ¿ On May 19, 2020, Plaintif...
2023.10.24 Motion for Attorney Fees 063
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.24
Excerpt: ... limited to the bumper-bumper warranty, powertrain warranty, and emission warranty. Plaintiff presents that the Subject Vehicle contained defects and nonconformities which manifested themselves within the applicable express warranty period including but not limited to, transmission defects, engine defects, and electrical system defects; that FMC failed to conform the Subject Vehicle to the terms of the express warranty after a reasonable number o...
2023.10.24 Demurrer, Motion to Strike 876
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.24
Excerpt: ...as bedbug) bites during Plaintiff's stay at Defendants' hotel on November 03, 2019. Plaintiff checked in to the hotel on November 02, 2019. On November 03, 2019, Plaintiff states that she awoke at 2 a.m. with an “intense itching sensation.” (Compl. ¶ 15.) She alleges that when she pulled back the covers, she discovered bedbugs which she reported to hotel staff. Plaintiff contends that cleaning staff then came to inspect the room at which tim...
2023.10.17 Motion to Set Aside Default 054
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.17
Excerpt: ...ntelope Valley Medical Center (“AVCM”), for medical services furnished by AVCM and, after applying all credits to the extent applicable, the debt remains outstanding in the principal sum of $31,285.20. Plaintiff contends that, though demand for payment has been made, Defendants have failed to pay. On January 17, 2023, Plaintiff filed this Complaint alleging three causes of action for: (1) Open Book Account, (2) Account Stated, and (3) Quantum...
2023.10.17 Motion to Quash Service of Summons and Complaint 825
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.17
Excerpt: ...ing three causes of action for: (1) Negligence, (2) Motor Vehicle Negligence, and 93) Negligence Per Se Cal. Veh. Code § 21453(a). On August 17, 2023, Plaintiff amended the fictitious name of Doe 1 to Michelle Fuller. On August 25, 2023, Defendant filed this Motion to Quash Service of Summons and Complaint. On October 02, 2023, Plaintiff filed his Opposition. On October 10, 2023, Defendant filed his Reply. ----- Legal Standard Standard to Quash ...
2023.10.17 Motion to Discharge Writ of Mandate 580
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.17
Excerpt: ... which thoughtfully analyzes the potential for the geographic area commonly referred to as Hollywood. This action, and its related actions, began with the filing of a petition by Fix the City, Inc. (“Fix the City”) on July 13, 2012. Subsequently, the following petitions were filed: (1) a petition by La Mirada Ave Neighborhood Association (“LMANA”) on July 18, 2012, challenging the 2012 Hollywood Plan; (2) a petition by Save Hollywood.Org,...
2023.10.17 Demurrer 310
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.17
Excerpt: ...n a reasonable number of repair attempts or within the warranty periods, and by failing to promptly replace the vehicle or make restitution to Plaintiff. On March 21, 2023, Plaintiff filed its Complaint alleging four cases of action for: (1) Violation of the Song- Beverly Consumer Warranty Act Breach of Express Warranty; (2) Violation of the Song-Beverly Consumer Warranty Act Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code§ 17200;...
2023.10.10 Demurrer 441
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.10
Excerpt: ...GHI presents that the non-judicial foreclosure leading up to the trustee's sale was conducted in compliance with Cal. Civ. Code § 2924, GHI duly perfected title and paid valuable consideration for the Property. GHI further alleges that in February 2023, it served on Rouzan a Notice to Quit in compliance with Cal. Code Civ. Proc. § 1162, more than three days have elapsed, and Rouzan remains in possession of the Property without GHI's consent. On...
2023.10.10 Motion to Strike 657
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.10
Excerpt: ...did not imitate an unlawful detainer action and, instead, forwent the judicial eviction process by denying Plaintiff access to the Property. Plaintiff also alleges that during this process, Defendant entered to premises without either Plaintiff's permission or the proper 24-hr written notice. On June 20, 2023, Plaintiff filed her Complaint alleging two causes of action for: (1) Illegal Lockout of Tenant, and (2) Trespassing. On July 27, 2023, Def...
2023.10.10 Motion for Leave to File Late Motion to Tax Costs 691
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.10
Excerpt: ...�Pro Structural”) and Leasing LLC TREQ (“Leasing LLC”) breached their duties to Plaintiff as (1) Franco was operating the vehicle in the scope of her employment with Pro Structural, and (2) Pro Structural and Leasing LLC retained Franco despite knowing of her unfitness to operate a vehicle and negligently entrusted the vehicle to her. Plaintiff claims damages as a result of the incident in the form of medical expenses and pain and suffering...
2023.10.10 Motion to Strike 793
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.10.10
Excerpt: ...nds that, upon cancelling the lease, Flores accused Plaintiff of causing the damage and not paying monthly rent, and refused to refund Plaintiff's security deposit. Plaintiff contends that these statements caused harm to his reputation within the business community. On July 25, 2023, Plaintiff filed his Complaint alleging two causes of action for (1) Defamation, and (2) Slander. On August 28, 2023, Defendant filed his Answer. The Court notes that...
2023.09.26 Motion to Quash 634
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.26
Excerpt: ...s to use, causing a Plaintiff, not specified, to fall and sustain physical injuries. On January 04, 2018, Plaintiffs filed their Complaint alleging three causes of action: (1) General Negligence, (2) Premises Liability, and (3) Loss of Consortium. On April 05, 2018, Defendant CEC Entertainment, Inc. dba Chuck E Cheese (“CEC”) filed its Answer. On April 27, 2018, CEC filed its Cross-Complaint. On March 25, 2019, CEC filed its First Amended Cro...
2023.09.26 Motion to Contest Application for Determination of Good Faith Settlement 098
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.26
Excerpt: ...on of Avenue G and 30th Street East in Lancaster, CA when a vehicle pulled directly into her path of travel when as she entered the intersection, causing an accident. Plaintiffs present that all parties to the accident agree that there was a visibility issue due to poor lighting at the intersection and the poor lighting was known by Defendants County of Los Angeles (“COLA”) and City of Lancaster (“Lancaster”) know of said issue prior to t...
2023.09.26 Motion to Compel Responses 421
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.26
Excerpt: ...rogenic bladder prior to working at AVLA and (2) despite the diagnosis, Palacios continuously added new students and transferred the more challenging students to Plaintiff's already full roster, compared to his younger colleagues who did not suffer from medical conditions. Additionally, Plaintiff presents that there was an allegation against him from a student in which she stated that Plaintiff kissed her. Resulting from this allegation, (1) Pala...
2023.09.26 Demurrer 370
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.26
Excerpt: ...rroneously sued as Palmdale Regional Medical Center (“PRMC”)'s Emergency Department by ambulance for chest main and shortness of breath; (2) Decedent was admitted shortly after midnight on January 03, 2022, with Defendant Sonia P. Sethi, M.D. (“Dr. Sethi”) as his attending physician; (3) while in the patient room Decedent was connected to an intravenous line, heated high-flow oxygen, and some vital sign monitoring cables; (4) at around 6:...
2023.09.19 Motion to Strike 431
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.19
Excerpt: ... was contraindicated for Plaintiff due to Plaintiff's medical history of which Defendant was aware, and resulted in serious side effects, pain and suffering, and emotional distress. On April 21, 2023, Plaintiff filed her Complaint alleging two causes of action for General Negligence and Medical Malpractice. Plaintiff has attached one cause of action attachment and, as such, it appears that the two causes of action are based on the same set of all...
2023.09.19 Motion to Set Aside Entry of Default 602
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.19
Excerpt: ...e that they entered into a contract by which Plaintiffs were to reside at the real property known as 38300 30th Street East Unit #251 Palmdale, CA, 93550 (the “Premises”) from May 2021 to present in exchange for rent. Defendant Palmdale Realty Holdings LLC (“Defendant”) is alleged to be the administrator, owner, part owner, joint owner, agent, trustee and manager of the Premises. Plaintiffs present that during their residency at the Premi...
2023.09.19 Motion to Dismiss for Lack of Prosecution 648
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.19
Excerpt: ...rformed the surgery and Brandon Stark, M.D. (“Dr. Stark”), was the anesthesiologist. Plaintiffs present that PRMC, Dr. Gamarra, and Dr. Stark failed to provide the proper care, resulting in an epigastric bleed which was not recognized intraoperative, that caused Anthony to suffer cardiac arrest the next morning due to hemorrhagic shock. Plaintiffs further allege that Anthony was admitted to Defendant Southern California Specialty Care, LLC db...
2023.09.19 Motion for Judgment on the Pleadings 124
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.09.19
Excerpt: ...the property, including but not limited to uneven paving and loose rocks in the parking area, no safe transition from the parking area to the house, and no ramp in the parking area. Plaintiff presents that: (1) defendant Chris Wade (“Wade”) was the owner of the Property at the time of the incident, (2) defendant Patrick J. Hunt (“Hunt” and collectively “Defendants”) was responsible for maintenance of the Property at the time of the in...
2023.08.22 Motion to Compel Arbitration and Stay Action 495
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.22
Excerpt: ...le items.” (Compl., at 2.) On May 8, 2023, Plaintiff filed her complaint (“Complaint”). On June 9, 2023, Defendants filed this Motion to Compel Arbitration and Stay Action (“Motion to Compel Arbitration”). “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days.” (Cal. Code Civ. Proc. § 1005(b).) No Opposition has been filed. Any opposition would be considered ...
2023.08.22 Motion for Summary Judgment, Adjudication 619
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.22
Excerpt: ...iates; and Loren C. Rauch, M.D. will be referred to as “Moving Defendants.” Plaintiffs allege that Defendants committed medical malpractice by failing to admit James Mark Thompson (hereinafter “Decedent”) to Antelope Valley Medical Center (hereinafter “AVMC”), erroneously sued and served as Antelope Valley Hospital. Plaintiffs further allege that such medical malpractice resulted in Decedent's untimely death. On August 23, 2022, Plain...

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