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Judge: Morgan, Stephen x
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...
2023.11.14 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...
2023.11.14 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...
2023.11.07 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 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 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 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 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...

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