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Judge: Morgan, Stephen x
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 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 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...
2023.09.26 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 Demurrer 548
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.22
Excerpt: ... Storage dba CalState Moving and Storage (“Hermes”) when Driver fell asleep and collided with the guardrail located to the east of the highway twice. Plaintiffs present that Castillo was ejected thorough the front windshield and Averalo was partially ejected, causing both Plaintiffs injury to their body and emotional pain and suffering. On August 01, 2022, Plaintiffs filed their Complaint, alleging four causes of action for: (1) Negligence/Ne...
2023.08.22 Demurrer 334
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.22
Excerpt: ... was ordered to cease and refrain from engaging in any financial activity in California; between 2007 and 2020, Plaintiff received no correspondence from ABC; in 2021, Defendant Deutsche Bank National Trust Company, as Certificate Trustee on Behalf of Bosco Credit II Trust Series (“Defendant”), contacted Plaintiff regarding money owed to ABC; and on November 13, 2019, Defendant foreclosed on the Property and caused to be recorded a Trustee's ...
2023.08.22 Demurrers 591
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.22
Excerpt: ... County of Los Angeles (“COLA”), City of Palmdale (“COP”), and/or the State of California. On June 01, 2023, Plaintiff filed his Complaint, alleging four causes of action for: (1) Negligence/Negligence Per Se against Sabia; (2) Negligence/Negligence Per Se, Violation of Cal. Gov. Code § 820(a) against Sabia; (3) Negligence/Negligence Per Se; Violation of Cal. Gov. Code § 815.2(a) against COLA, COP, and State of California; and (4) Negli...
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...
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 ...
2023.08.15 Special Motion to Strike 324
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.15
Excerpt: ...s in all mobile programs, to be truthful with regard to the number of students enrolled in each mobile gymnastics program, and misappropriating Plaintiff's confidential business information. Further, VEGA and Defendant Ynez O. Lacson (“Lacson” and collectively “Defendants”), who worked for VEGA, were aware that Plaintiff was and is in the business of operating and licensing mobile gymnastic programs and had economic relationships with num...
2023.08.15 Motion to Vacate Judgment 378
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.15
Excerpt: ... Motion to Vacate the Conditional Dismissal and for Entry of Judgment Pursuant to Cal. Code Civ. Proc. §664.6. No Opposition has been filed. “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 [. . .] before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) “Section 1013, which extends the time within which a right may be exercised or an act may be done, does not ap...
2023.08.15 Motion for Summary Adjudication 870
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.15
Excerpt: ...es. Plaintiff alleges that Defendant Lancaster School District ("Defendant") negligently hired, supervised, and screened Young. Plaintiffs allege damages in the form of medical expenses, general damages, and future damages. On September 29, 2020, Plaintiffs filed their Complaint alleging two causes of action for General Negligence and Intentional Tort. Plaintiff's claim for Intentional Tort is composed of two claims : (1) Intentional Infliction o...
2023.08.15 Demurrer 187
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.15
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 in...
2023.08.10 Motion to Vacate Conditional Dismissal and for Entry of Judgment 378
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.10
Excerpt: ... Motion to Vacate the Conditional Dismissal and for Entry of Judgment Pursuant to Cal. Code Civ. Proc. §664.6. No Opposition has been filed. “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 [. . .] before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) “Section 1013, which extends the time within which a right may be exercised or an act may be done, does not ap...
2023.08.08 Motions to Compel Further Responses 634
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.08
Excerpt: ...e, 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 against several cross-defendants, including Cross- Defenda...
2023.08.08 Motion to Vacate and Set Aside Judgment 832
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.08
Excerpt: ...to protect Plaintiff from pressure injuries to deep tissues in his posterior, thus, falling below the standard of care. The pressure injuries to deep tissues in his posterior are alleged to be a “massive decubitus tissue injury involving bone, muscle, nerves, and connective tissue.” (Complaint ¶ 6.) Plaintiff alleges non- economic and economic damages. On October 19, 2021, Plaintiff filed his Complaint alleging one cause of action for Medica...
2023.08.08 Demurrer 813
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.08
Excerpt: ...udent. John Doe 1 allegedly requested that a locked, non-student use bathroom be unlocked by Defendants Antelope Valley Union High School District (“AVUHSD”) and Does 11 through 60. After opening the bathroom door, AVUHSD and Does 11 through 60 purportedly left the area, leaving John Doe 1 unsupervised, whereby Does 2 through 10 and Plaintiff reportedly were able to enter, whereby they allegedly sexually assaulted and abused the Plaintiff, in...
2023.08.08 Demurrer 247
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.08.08
Excerpt: ...nths 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 var...
2023.07.18 Motion for Protective Order 534
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.18
Excerpt: ...t the time of Vincent's admission and following, Defendant provided inadequate staffing levels; (2) in the process of discharge, Vincent was discharged against hospital protocol, policies, procedures, and the standard of care, and was left standing unaided and unassisted outside of Defendant's hospital building; (3) while alone outside, Vincent fell; and (4) Debbie arrived to Defendant's hospital building and found Vincent injured, incapacitated,...
2023.07.18 Demurrer 447
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.18
Excerpt: ...023, Plaintiff filed his Complaint, alleging three causes of action for: (1) Quiet Title, (2) Fraudulent Conveyance, and (3) Breach of Deed of Trust Contract (“Breach of Contract”). On April 27, 2023, Plaintiff filed his Ex Parte Application For A Temporary Restraining Order And Order To Show Cause Re: Preliminary Injunction, subsequently denied on May 2, 2023. (See Min. Order: May 2, 2023) On May 1, 2023, Defendant ZBS Law, LLP filed a Decla...
2023.07.18 Motion for Summary Judgment 112
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.18
Excerpt: ...f seeks statutory and special damages in the amounts of $250,000 and $5,000,000, respectively. On March 15, 2021, Plaintiff filed her Complaint, alleging one cause of action for Medical Malpractice. On April 22, 2021, Defendant Shira Amor Bizaoui (“Defendant”) filed her Answer. On May 20, 2021, Defendant Brian Lai, M.D. (“Dr. Lai”), filed his Answer. On June 22, 2022, Defendant filed an Ex Parte Application to Continue Trial, subsequently...
2023.07.18 Motion for Reclassification 771
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.18
Excerpt: ...ts that, upon completion of the service rendered by Defendants, he boarded his vehicle, exited the premises, and, as he drove away, the hood on his car swung up, striking the windshield and causing Plaintiff to abruptly stop his vehicle. Plaintiff alleges that the incident has caused him great physical and emotional pain and suffering. On October 28, 2020, Plaintiff filed his Complaint alleging one cause of action for Negligence. On June 27, 2022...
2023.07.18 Motion for Reconsideration 843
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.18
Excerpt: ...LC (“Victor Martinez & Associates”); Victor Martinez (“Martinez”), individually; Hoge Family Bypass Trust (“Hoge Family Trust”); Kerri Hoge Anderson (“Anderson”); Daniel Hoge (“Daniel”) [2] ; Brandon Hoge (“Brandon”); Mario Rivera Esparza (“Mario”) [3] ; Stephanie Rivera Esparza (“Stephanie”); and Michael Esparza (“Michael”) related to the maintenance of a senior mobile home community. On October 28, 2022, Plai...
2023.07.11 Motion for Judgment on the Pleadings 124
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.11
Excerpt: ...roperty, 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 inciden...
2023.07.11 Motion for Judgment Notwithstanding the Verdict, for New Trial, to Tax Costs 691
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.11
Excerpt: ...o 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. O...
2023.07.11 Demurrer, Motion to Strike 876
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.11
Excerpt: ...tiff further alleges she reported the bedbugs to the staff; checked out the next day; and later called to inform the manager, who refunded her stay. Plaintiff presents that a cleaning staff member informed her that the Premises had a previous problem with bedbugs. Plaintiff contends she sought medical treatment for her alleged bedbug injuries and discovered from online reviews that there was a previous bedbug infestation at the Premises. On Novem...
2023.07.11 Demurrer, Motion to Strike 852
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.11
Excerpt: ...ted by Defendant.¿Plaintiffs allege that the Subject Vehicle was delivered with serious defects, including, but not limited to, structural, suspension, and transmission system defects. Plaintiffs allege that Defendant purposely concealed the defects pertaining to the Subject Vehicle. Plaintiffs contend that the Subject Vehicle had defects and nonconformities that manifested within the express warranty period and such defects and nonconformities ...
2023.07.11 Demurrer 367
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.07.11
Excerpt: ...s have filed their individual allegations under one cause of action for Intentional Tort. On June 07, 2023, Defendant filed this Demurrer. On June 26, 2023, Plaintiffs filed their Opposition. On July 03, 2023, Defendant filed his Reply. ----- Legal Standard Standard for Demurrer – A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v.¿Mirda¿(2007) 147 Cal.App.4th 740, 747.) ¿When considering demurrers, co...
2023.06.13 Motion to Compel Arbitration 732
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.13
Excerpt: ... to preserve or maintain the utility or performance of the Subject Vehicle. Plaintiff further alleges that, since purchasing the vehicle, she has delivered the Subject Vehicle for repair to Defendant or its authorized repair facility(s) no less than three (3) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: front collision light illumination and malfunction warning light and rear ...
2023.06.13 Motion to Compel Arbitration 456
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.13
Excerpt: ...ntain the utility or performance of the Subject Vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs further allege that Defendant distributed more than 500,000 vehicles throughout the United States that were equipped with defective continuously variable transmissions (“CVT”) and the Subject Vehicle is one of the forementioned vehicles. Plaintiffs present that the CVT defect caused them to experien...
2023.06.13 Motion for Leave to Seek Discovery 395
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.13
Excerpt: ...ely October 2018 to April 14, 2019. On June 15, 2020, Plaintiff filed her Complaint alleging two causes of action for (1) Negligence, and (2) Negligent Hiring, Training, Supervision, and Retention. On July 29, 2020, AVUHSD filed its Answer as well as a Cross-Complaint. The Cross-Complaint is for (1) Equitable Indemnity against Cross-Defendants De'Morion Harris (“Harris”), Tequella Koonce (“Koonce”), Semaj Howard (“Howard”), and Andrea...
2023.06.13 Demurrer 799
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.13
Excerpt: ...'s vehicle. Plaintiffs further allege that Defendant Schneider National Carriers, Inc. (“Schneider” and with Gavrila “Defendants”) was the registered owner of the vehicle Gavrila was driving at the time of the incident. Esquivel presents that he sustained severe bodily injuries to his person and major damage to his automobile resulting from the incident and, as a result, has been unable to perform the duties of a married partner to Espino...
2023.06.06 Motion for Summary Judgment, Adjudication 361
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.06
Excerpt: .... Specifically, on September 27, 2021, Plaintiff alleges that Downtown Renual, AMC-CA, Wylie, and Nieto negligently owned, operated, managed, and maintained the subject premises and, due to such negligence, Plaintiff sustained bodily injuries along with pain and suffering. Plaintiff further alleges that: (1) Downtown Renual, AMC-CA, Wylie, and Nieto willfully failed to warn of a dangerous condition; (2) Downton Renual and AMC- CA owned the proper...
2023.06.06 Motion for Attorney Fees 348
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.06
Excerpt: ...rcel of real property commonly known as 38022 Grant Drive, Palmdale, CA 93552 (the “Property”) in exchange for Plaintiff's payment of $315,00.00. Plaintiff further alleges that he paid MRGE Defendants the sum of $315,000.00 and, in reliance on the contract, he spent $145,000.00 improving the Property and found a tenant to pay rent from October 01, 2021 through September 30, 2026 at a rate of $2,375.00. Plaintiff presents the following issues ...
2023.06.06 Motion to Compel Further Responses 622
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.06
Excerpt: ...period, including but not limited to the engine, and such defects and nonconformities impair the use, value, and/or safety of the Subject Vehicle. Plaintiff further presents that aforementioned defects and nonconformities render the Subject Vehicle not fit for the ordinary purpose for which such goods are used. Plaintiff states that he delivered the Subject Vehicle to an authorized GM repair facility and GM was unable to conform the Subject Vehic...
2023.06.06 Motion to Compel Arbitration 196
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.06
Excerpt: ...utility or performance of the Subject Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiffs present that the Subject Vehicle was delivered with serious defects and nonconformities to the warranties and developed other serious defects and nonconformities to warranty including, but not limited to, the powertrain system defects, engine defects, transmission system defects, and other serious nonconformit...
2023.06.06 Motion to Compel Arbitration 830
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.06.06
Excerpt: ...ies to the warranty that manifested themselves within the applicable express warranty period; (2) Plaintiffs delivered the Subject Vehicle to one of Defendant's authorized repair facilities for repairs for the first time on or around March 16, 2022; (3) Defendant was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair attempts; and (4) Under the Song-Beverly Act, Defendant had an affirmativ...
2023.05.30 Motion to Compel Further Responses, for Sanctions 562
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.05.30
Excerpt: ...ltimately denied on May 21, 2018.i On November 18, 2018, Plaintiffs filed their imtial 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)iNegligence, (2) Inverse Condemnation; (3) Public Nuisance; (4) Private Nuisance; (5) P...
2023.05.30 Demurrer, Motion to Strike 007
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.05.30
Excerpt: ...y contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranv. Plaintiffs present that prior to purchase, they (1) reviewed the features and components of 2020 GMC Canyons on GM's website, (2) saw the window sticker affixed to the Subject Vehicle, and (3) discussed the Subject Vehicles' key features and components with GM's authorized sales representatives and neither the i...
2023.05.30 Demurrer 310 (2)
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.05.30
Excerpt: ...he Song-Beverly Act. Plaintiff alleges that there were defects, malfunctions, and nonconformities that that rendered the Subject Vehicle unfit for the purpose for which it was used and that Plaintiff presented the Subject Vehicle to Defendants (unspecified) authorized repair facilities multiple times and substantially impair the use, value, and/or safety of the vehicle and Defendants violated the Song-Beverly Act by failing to conform the Vehicle...
2023.05.16 Motion for New Trial 127
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.05.16
Excerpt: ...ichard Mountjoy ("Richard" [1]), Earline Mountjoy ("Earline"), Gary Schaeffler ("Gary"), and Judy Schaeffler ("Judy" or, with Gary, "the Schaefflers")[2] allowed one of their pigs to escape off their property and run into the road. Decedent allegedly struck the pig, sustaining injuries, and was then struck by Defendant Oscar Anibal Amaya's ("Amaya") vehicle. Decedent passed due to the injuries sustained from this incident On February 24, 2020, th...
2023.05.16 Demurrer 247
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.05.16
Excerpt: ...n or around December 2021, the forbearance ended. Plaintiff presents that he continued to make his regularly scheduled mortgage payments startmg 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 various agents of D...
2023.05.09 Motion to Quash Service of Summons 036
Location: Los Angeles
Judge: Morgan, Stephen
Hearing Date: 2023.05.09
Excerpt: ...laintiff presents that he was a passenger in the Ferrari, but did not give consent to the illegal race. Plaintiff further presents that the vehicle that Defendants were in was speeding and caused a collision unth the Ferrari and another third vehicle as Defendants' vehicle entered the lane of oncommg traffic. Plaintiff alleges that the collision caused severe injuries and Defendants fled the scene. On January 11, 2022, Plaintiff filed their Compl...

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