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2024.03.28 Motion for Summary Judgment, Adjudication 833
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.28
Excerpt: ...n employee about Aguilar. Defendant conducted an investigation against Aguilar. To that end, Defendant interviewed Plaintiff. On May 6, 2021, Defendant questioned Aguilar about the allegations against her. During the interview, Aguilar informed Defendant about the sexually explicit photographs she had received from Plaintiff. Plaintiff believes Aguilar volunteered the information due to Plaintiff's participation in the investigation. On May 19, 2...
2024.03.27 Demurrer 340
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.27
Excerpt: ...rofessional negligence. On September 25, 2023, Defendant filed this demurrer. The demurrer targets the second cause of action for fraudulent concealment. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only alle...
2024.03.22 Motion to Compel Responses, for Sanctions 879
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.22
Excerpt: ...ten contract; (2) breach of oral contract; (3) accounts shared; and (4) quantum meruit. On September 22, 2023, Plaintiff served Defendant with special interrogatories. On November 14, 2023, Defendant's counsel claimed to have not received the discovery. Plaintiff re-sent the special interrogatories and extended Defendant's time to respond to December 14, 2023. However, Defendant did not provide timely responses to the special interrogatories. On ...
2024.03.20 Demurrer 374
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.20
Excerpt: ...ction against Defendant: broker negligence. On February 16, 2024, Defendant filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evid...
2024.03.15 Demurrer 404
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.15
Excerpt: ...he demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be al...
2024.03.14 Motion for Summary Judgment, Adjudication 575
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.14
Excerpt: ...e complaint alleges breach of implied warranty of habitability and negligence. On March 16, 2020, Margaret Shaw added Ocean Towers Housing Corporation (Ocean Towers) as a defendant. On March 27, 2020, Margaret Shaw added FirstService Residential California, LLC (FirstService) as a defendant. In Case No. 19STCV07203, Ocean Towers and FirstService filed a cross- complaint against Graham Nudd for indemnification on November 23, 2020. In this action,...
2024.03.13 Pitchess Motion 401
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.13
Excerpt: ...and Housing Act (FEHA). On January 5, 2024, Plaintiff filed this motion for discovery of peace officer personnel records and other documents ( Pitchess Motion). LEGAL STANDARD Information contained in a peace officer's personnel file is generally protected from discovery or disclosure. (Pen. Code, § 832.7.) There is a two- step procedure for securing disclosure of most peace officer personnel records. (Warrick v. Sup. Ct. (City of Los Angeles Po...
2024.03.12 Motion to Strike 347
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.12
Excerpt: ...relevant, false or improper matter¿inserted in any pleading¿” or any part of a pleading “¿not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.¿” (¿Code Civ. Proc., § 436¿.) “¿The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.¿” (¿Code Civ. Proc., § 437¿.)¿ DISCUSSION...
2024.03.12 Motion to File Under Seal Docs 191
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.12
Excerpt: .... On February 23, 2023, Defendants filed a motion for summary judgment. On May 1, 2023, Plaintiff filed his opposition to the motion for summary judgment. On November 17, 2023, Defendants filed their reply. On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff's opposition and Defendants' reply. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the pub...
2024.03.12 Motion for Preliminary Injunction 069
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.12
Excerpt: ...rties that serve as short -term rentals. On August 10, 2023, the People of the State of California (Plaintiff) filed a complaint against Ultimate Host, LLC and Mokhtar Jabli (Defendants), in addition to 5554 Green Oak, LLC and Kirill Ayzenberg. The complaint alleges the following causes of action: (1) violation of California's unfair competition law and (2) public nuisance. On October 24, 2023, Plaintiff filed this motion for a preliminary injunc...
2024.03.08 Motion to Compel Deposition of PMQ, for Monetary Sanctions 612
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.08
Excerpt: ...C (Defendant). In the complaint, Plaintiff alleges the following causes of action: intentional misrepresentation, negligent misre presentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On February 2, 2022, Plaintiff served a deposition notice for Defendant's person most qualified (PMQ). Defendant served objections and the deposition did not take...
2024.03.06 Motion to Compel Deposition, for Sanctions 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.06
Excerpt: ...alleges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff served a notice for Brigitte Brown to appear at deposition and produce documents. The deposition was set for January 4, 2024. On December 27, 2023, Defendant served objections to the deposition noti...
2024.03.05 Motion to Compel Deposition, Production of Docs, Sanctions 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.05
Excerpt: ...lleges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff served a notice for Ryanne Villas to appear at deposition and produce documents. The deposition was set for January 5, 2024. On December 27, 2023, Defendant served objections to the deposition notice...
2024.03.05 Motion to Compel Deposition, for Monetary Sanctions 612
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.05
Excerpt: ...ff alleges the following causes of action: intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On February 2, 2022, Plaintiff served a deposition notice for Defendant. Defendant served objections and the deposition did not take place. On December 16, 2022, Plaintiff served another deposition notic...
2024.03.01 Motion to Compel Further Responses, for Sanctions 857
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.03.01
Excerpt: ...c. (Plaintiff) filed a complaint against Robyn Emus, Ira Emus, and ExtraSensory Software, Inc. (Defendant). On May 19, 2023, Plaintiff propounded requests for production of documents on Defendant. On July 7, 2023, Defendant served Plaintiff with its responses. Plaintiff was dissatisfied. On July 28, 2023, Defendant served Plaintiff with supplemental responses. Plaintiff was still dissatisfied. The parties met and conferred to no avail. On Septemb...
2024.02.28 Motion to Seal Motion to Enforce Settlement Agreement 489
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.28
Excerpt: ... Inc. (Nominal Defendant) filed a cross -complaint against Plaintiff. In August 2019, the parties settled. On August 4, 2023, Plaintiff filed a motion to enforce the settlement. On August 14, 2023, Nominal Defendant filed this motion to seal Plaintiff's motion to enforce the settlement and supporting documents. On August 17, 2023, Defendant filed a joinder to the motion to seal. LEGAL STANDARD Unless confidentiality is required by law, court reco...
2024.02.28 Motion to File Under Seal 882
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.28
Excerpt: ...). On March 30, 2023, Defendants filed a motion for summary judgment. On December 19, 2023, Plaintiff filed his opposition to the motion for summary judgment. On January 3, 2024, Defendants filed their reply. On January 22, 2024, Defendants filed this motion to seal portions of documents filed with Plaintiff's opposition and Defendants' reply. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the p...
2024.02.28 Demurrer 549
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.28
Excerpt: ... 2023, Robinson filed a cross -complaint (CC) against the Administrator of the Estate of Mark D. Croce (The Estate). The CC alleges the following causes of action: (1) total equitable indemnity, (2) comparative indemnity, (3) equitable apporti onment of fault; (4) contractual indemnity, (5) contribution, (6) declaratory relief. On December 28, 2023, the Estate filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects th...
2024.02.27 Motion to Quash or Modify Deposition, for Sanctions 612
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.27
Excerpt: ... Angeles (Defendants). In the complaint, Plaintiff alleges the following causes of action: intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudulent conversion. On July 17, 2023, Plaintiff served by mail a deposition subpoena for Non- Party Jeremy D. Smith's (Non-Party) appearance and production of documents.[1] Th...
2024.02.22 Motion for Summary Judgment, Adjudication 456
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.22
Excerpt: ...C alleges the following causes of action among others: (1st) wrongful termination in violation of public policy; (2nd) retaliation in violation of Government Code section 12940; (4th) failure to provide meal and rest breaks; and (7th) retaliation in violation of Labor Code section 1102.5. On December 5, 2023, Defendant filed this motion summary judgment or, in the alternative, summary adjudication of the above four causes of action. LEGAL STANDAR...
2024.02.21 Motion to Compel Deposition of PMQ 455
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.21
Excerpt: ...wing: violation of Civil Code section 1793.2, subdivision (d); violation of Civil Code section 1793.2, subdivision (b); violation of Civil Code section 1793.2, subdivision (a)(3); breach of express warranty; and breach of the implied warranty of merchantability. On December 15, 2023, Plaintiff served Defendant with an amended notice for the deposition of Defendant's person most qualified (PMQ). Defendant refused to produce its PMQ and objected to...
2024.02.15 Motion to Quash Service of Summons 405
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.15
Excerpt: ...e Agency, Inc. (Defendant). The complaint alleges one cause of action for breach of lease. On July 10, 2023, Defendant filed this motion to quash service of summons. LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of l...
2024.02.14 Demurrer 869
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.14
Excerpt: ...l Estates, Reginald Keith McKizz ie, Jewel Smith, and Llama Guys, LLC (Defendant). The complaint alleges the following causes of action: (1) breach of implied warranty of habitability, (2) tortious breach of implied warranty of habitability, (3) negligence, (4) intentional infliction of emotional distress, (5) private nuisance, (6) violation of Civil Code section 1942.4, (7) violation of Business and Professions Code section 17200, and (8) violat...
2024.02.09 Motion to Tax Costs 165
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.09
Excerpt: ...ndant Tiffanie Cassady (Co-Defendant). On November 1, 2022, the court granted Co-Defendant's motion to quash service of summons. On September 18, 2023, the court entered judgment in favor of Defendant. On October 2, 2023, Defendant filed a memorandum of costs. On October 13, 2023, Plaintiffs filed this motion to tax Defendant's costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right...
2024.02.06 Motion for Protective Order 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.06
Excerpt: ...ilure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 29, 2023, Plaintiff issued multiple deposition notices. On January 8, 2024, Defendant filed this motion for a protective order. LEGAL STANDARD “Before […] a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order....
2024.02.02 Motion for Protective Order, for Sanctions 874
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.02
Excerpt: ...aintiff alleges the following causes of action: discrimination; harassment; failure to prevent discrimination, harassment, and retaliation; failure to engage in a good faith interactive process; failure to provide reasonable accommodations; negligent supervision and retention; assault; retaliation; wrongful termination in violation of public policy; and declaratory judgment. On January 9, 2024, Plaintiff filed this motion for a protective order. ...
2024.02.01 Motion for Summary Judgment 596
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.02.01
Excerpt: ...filed a first amended complaint (FAC). In the FAC, Plaintiff alleges the following causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On May 26, 2022, the court sustained Defendant's demurrer without leave to amend for the first and second causes of action. On November 15, 2023, Defendant filed this motion for summary judgment of the third cause of actio...
2024.01.30 Motion to Compel Further Responses, for Sanctions 073
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.30
Excerpt: ...ainst Defendant Elias Aziz-Lavi (Defendant) and others. On March 15, 2023, the court entered Defendant's default. On April 12, 2023, Plaintiff served on Defendant the form interrogatories (set one). On May 12, 2023, Defendant responded with objections to each request. One objection noted that Defendant could not respond to the interrogatories because he was in default. From May 23, 2023, until June 9, 2023, the parties met and conferred to no ava...
2024.01.26 Motion for Sanctions 151
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.26
Excerpt: ... Defendant Zachary Wood. On May 3, 2022, Plaintiff amended the complaint to include Defendant Michelle Cho Wood. On June 13, 2023, Plaintiff amended the complaint to include Defendant JTH Mesa, LLC (Defendant JTH). On October 17, 2023, Defendant JTH filed this motion for sanctions. EVIDENCE The court preserves Defendant's JTH's evidentiary objections. LEGAL STANDARD Code of Civil Procedure section 128.7, subdivision (b) provides as follows: “By...
2024.01.25 Motion to Quash and Stay Deposition or for Protective Order, for Sanctions 596
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.25
Excerpt: ...d others. On June 13, 2023, Plaintiff served a notice of taking the deposition of Defendant Ross B. Perkal (Defendant). The deposition was set to take place in-person on July 17, 2023. On July 12, 2023, Defendant filed this motion to stay and quash deposition or, in the alternative, for a protective order. DISCUSSION Defendant first seeks to stay the taking of the deposition and to quash the deposition notice. (Code Civ. Proc., § 2025.410, subd....
2024.01.23 Motion to Compel Further Responses, for Sanctions 267
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.23
Excerpt: ... complaint (FAC) on behalf of Joan Wight (Decedent). Gurbir Maker, Ujjal Maker (Defendant), Alisa Miller Fein, Chris Bagley, Self-Realization Fellowship Church, Doris Schneider, and Rosario Hurley are the named Defendants. On February 24, 2023, Plaintiff served Defendant with requests for production of documents (set one) (RFPs). On April 21, 2023, Defendant served its initial responses. Plaintiff was dissatisfied. On June 2, 2023, and June 7, 20...
2024.01.18 Motion for Summary Judgment, Adjudication 770
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.18
Excerpt: ...action: (1) breach of express warranty, (2) breach of implied warranty, and (3) violation of Civil Code section 1793.2. On July 7, 2023, Defendant filed this motion for summary judgment or, in the alternative, summary adjudication. LEGAL STANDARD “¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matt...
2024.01.18 Motion for Judgment on the Pleadings 827
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.18
Excerpt: ...ce. On October 4, 2023, Defendant filed this motion for judgment on the pleadings. LEGAL STANDARD A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by Code of Civil Procedure section 438, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) DISCUSSION Third Cause of Action – Statutory Violati...
2024.01.12 Motion to Compel Further Responses 192
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.12
Excerpt: ...lleges violation of Civil Code section 1793.2, subdivision (d); violation of Civil Code section 1793.2, subdivision (b); violation of Civil Code section 1793.2, subdivision (a)(3); breach of express written warranty; and breach of implied warranty of merchantability. On April 17, 2023, Plaintiff propounded requests for production of documents (RFPs) on Defendant. On May 16, 2023, Defendant served Plaintiff with responses. Plaintiff was dissatisfi...
2024.01.08 Motion to Compel Deposition of PMK 411
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.08
Excerpt: ... 2023, Plaintiffs noticed the deposition of Defendant's person most knowledgeable (PMK) with production of documents. The deposition was set for August 24, 2023. On August 17, 2023, Defendant served objections. The deposition did not take place. The parties met and conferred to no avail. On November 2, 2023, Plaintiffs filed this motion to compel the deposition of Defendant's PMK with production of documents. LEGAL STANDARD “The service of a de...
2024.01.08 Motion for Summary Judgment, Adjudication 839
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.08
Excerpt: ...unicipal Employees, District Council 36 (Defendant Council 36) and Defendant American Federation of State County and Municipal Employees, National Headquarters (Defendant National). The complaint alleges violation of Labor Code section 1102.5 and wrongful termination in violation of public policy. On February 17, 2023, Defendant National filed this motion for summary judgment or, in the alternative, summary adjudication for the first cause of act...
2024.01.03 Motion for Attorney Fees 524
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.03
Excerpt: ... Code section 1793.2, breach of express written warranty, breach of implied warranty of merchantability, fraudulent inducement – concealment, and negligent repair. In September 2022, the parties settled. On December 28, 2022, Plaintiffs' counsel filed this motion for attorney fees. On August 14, 2023, Plaintiffs' counsel filed an amended motion for attorney fees. Plaintiffs' counsel seek $196,701.72, which consists of the following: (1) $132,22...
2024.01.03 Motion to Compel Further Responses 755
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.03
Excerpt: ... of contract, (2) breach of covenant of good faith and fair dealing, (3) promissory estoppel, and (4) declaratory relief. On December 7, 2022, Plaintiff served Defendant with Special Interrogatories. On January 27, 2023, Defendant served Plaintiff with responses to the Special Interrogatories. Plaintiff was dissatisfied with some of the responses. On May 26, 2023, Plaintiff filed this motion to compel further responses to Special Interrogatory No...
2024.01.03 Motion to Compel Further Responses 930
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.03
Excerpt: ...ff) filed a complaint against Paragon Relocation Resources, Inc. (Defendant) and Paragon Global Resources, Inc. The complaint alleges breach of contract, conversion, and unjust enrichment. On September 2, 2021, Plaintiff propounded special interrogatories on Defendant. On December 7, 2021, Defendant provided responses. Plaintiff was dissatisfied. The parties met and conferred to no avail. Defendant served supplemental responses by April 25, 2023....
2024.01.02 Motion to Compel Deposition of PMK 164
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2024.01.02
Excerpt: ...lations of the Civil Code, breach of express warranty, breach of implied warranty of merchantability, and fraud by omission. From 2021 to 2022, Plaintiff served Defendant with multiple notices of deposition of its person most knowledgeable (PMK). However, Defendant did not produce its PMK. On November 15, 2022, Plaintiff filed a motion to compel the deposition of Defendant's PMK. On July 11, 2023, Plaintiff filed an amended motion to compel the d...
2023.12.07 Motion to Compel Further Responses 930
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.07
Excerpt: ...int against Paragon Relocation Resources (Defendant) and Paragon Global Resources, Inc. The complaint alleges breach of contract, conversion, and unjust enrichment. On September 2, 2021, Plaintiff propounded requests for production of documents (RFPs) on Defendant. On December 7, 2021, Defendant responded to the RFPs. Plaintiff was dissatisfied with the responses. On April 26, 2023, Defendant provided supplemental responses to the RFPs. Plaintiff...
2023.12.07 Motion for Reconsideration 179
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.07
Excerpt: ... In the third cause of action, Plaintiff seeks involuntary dissolution of Tradewinds Property Group, LLC. On March 3, 2023, Defendants filed a motion to stay the dissolution claim. On March 27, 2023, the court granted the motion. On June 9, 2023, the court signed and filed the order. On June 26, 2023, Plaintiff filed this motion for reconsideration of the court's order. LEGAL STANDARD “When an application for an order has been made to a judge, ...
2023.12.07 Motion for Attorney Fees 430
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.07
Excerpt: ...under Code of Civil Procedure section 1281.98. Plaintiff's counsel seeks $108,822.91 in attorney fees and costs. EVIDENCE The court overrules Defendant's evidentiary objections. LEGAL STANDARD Under Code of Civil Procedure section 1281.98, subdivision (c)(1), “If the employee or consumer withdraws the claim from arbitration and proceeds in a court of appropriate jurisdiction . . . [t]he employee or consumer may bring a motion . . . to recover a...
2023.12.06 Motion for Summary Adjudication 514
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.06
Excerpt: ...Code of Civil Procedure section 437c, subdivision (t). In the stipulation, the parties agreed to address the following issues in their motions: whether Defendant's interpretation and application of Education Code section 45192 is consistent with the statute or the Fair Employment and Housing Act (FEHA); whether Defendant's placement of Plaintiff on the 39-month reemployment list can be considered discriminatory or unlawful under any of her FEHA c...
2023.12.06 Demurrer to FAC 338
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.06
Excerpt: ... Khalid Haridy Ghaefeer (Defendants). The FAC alleges the following causes of action: breach of contract, general negligence, ‘intentional tort,' and fraud. On November 7, 2023, Defendants filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.)...
2023.12.05 Motion for Sanctions 137
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.05
Excerpt: ...s discovery order on September 16, 2022. DISCUSSION Plaintiffs seek sanctions because Defendant failed to comply with the court's September 16, 2022 order to provide further, verified, code compliant responses without objection to Plaintiffs' request for production of documents (set one). As a preliminary matter, the court notes that despite the September 16 order, Defendant's supplemental responses contain objections. (Crandall Decl., ¶ 20; Ex....
2023.12.04 Motion to File Under Seal 882
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.04
Excerpt: ...cuments supporting the motion for summary judgment. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, a prior court order is necessary. (Cal. Rules of Court, rule 2.551, subd. (a).) To grant such an order, th...
2023.12.01 Demurrer to FAC 267
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.12.01
Excerpt: ...chneider, and Rosario Hurley are the named Defendants. The FAC alleges the following causes of action against Defendant: financial elder abuse, conversion, and violation of Penal Code section 496. On July 24, 2023, Defendant Chris Bagley filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿...
2023.11.29 Demurrer 110
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.29
Excerpt: ... on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.¿” (¿¿C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 8...
2023.11.28 Motion to Compel Further Responses, for Sanctions 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.28
Excerpt: ...ant). The complaint alleges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On September 29, 2022, Plaintiff served Defendant with the first set of special interrogatories. After multiple extensions, Defendant provided responses on January 20, 2023. Plaintiff was dissatisfied with the ...
2023.11.22 Motion for Leave to Intervene 325
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.22
Excerpt: ...July 21, 2022, Defendant filed a cross complaint against Plaintiff and others. The cross-complaint alleges the following causes of action: quiet title to real property, agreed boundary, adverse possession, trespass, negligence, encroachment, elder financial abuse, and intentional infliction of emotional distress. On October 26, 2023, Non-Party Nahid Mohammadi (Non-Party) filed this motion for leave to intervene. LEGAL STANDARD A nonparty has the ...
2023.11.22 Demurrer to FAC 267
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.22
Excerpt: ...er, Alisa Miller, Doris Schneider, and Rosario Hurley are the named Defendants. The FAC alleges the following causes of action against Defendant SRF: physical elder abuse, financial elder abuse, conversion, violation of Penal Code section 496, battery, intentional infliction of emotional distress, negligence, and declaratory judgment. On July 24, 2023, Defendant SRF filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defe...
2023.11.17 Motion for Protective Order, for Sanctions 652
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.17
Excerpt: ...sidential Management, LLC, and Equity Residential Services, LLC (Defendants). On April 13, 2023, Defendants served Plaintiffs with a second set of requests for production of documents (RFPs). On May 16, 2023, Defendants served Plaintiffs with a third set of RFPs. On July 5, 2023. Plaintiffs filed this motion for a protective order for the May 16 RFPs. DISCUSSION Plaintiffs argue that good cause supports their proposed protective order because the...
2023.11.17 Demurrer 913
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.17
Excerpt: ...rnia, Lucy Avetisyan, and Michael Beck (UCLA Defendants). The complaint alleges causes of action for violation of California Whistleblower Retaliation Act and retaliation in violation of Labor Code section 1102.5. On May 9, 2023, Deloitte Defendants filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially notic...
2023.11.15 Demurrer 163
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.15
Excerpt: ...Dang, LLC (Dang), in addition to others. The FAC alleges breach of contract and tortious interference. On February 28, 2023, Dang answered the FAC. On July 11, 2023, Dang filed a cross-complaint against Anabi and others. The cross- complaint includes a cause of action for declaratory relief. On August 3, 2023, Anabi filed a demurrer to the cross-complaint. Anabi seeks dismissal of Dang's cause of action for declaratory relief. LEGAL STANDARD A de...
2023.11.14 Motion to Compel Further Responses, for Sanctions 874
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.14
Excerpt: ... Liberty Global, LLC (Defendant) and others. In the complaint, Plaintiff alleges the following causes of action: discrimination; harassment; failure to prevent discrimination, harassment, and retaliation; failure to engage in a good faith interactive process; failure to provide reasonable accommodations; negligent supervision and retention; assault; retaliation; wrongful termination in violation of public policy; and declaratory judgment. On Janu...
2023.11.08 Motion to Compel Arbitration 055
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.08
Excerpt: ... failure to accommodate, failure to engage in the interactive process, retaliation, and failure to prevent discrimination and retaliation. On July 24, 2023, Defendants filed this motion to compel arbitration. DISCUSSION The parties dispute whether an arbitration agreement is in place between them. Plaintiff argues she never saw or electronically signed such an agreement. If an employee cannot recall signing an arbitration agreement, the employer ...
2023.11.07 Motion for Protective Order, for Sanctions 163
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.07
Excerpt: ... (Defendant), Huy Quoc Dang (Defendant Dang), and others. On October 20, 2022, Defendant Dang propounded Special Interrogatories on Plaintiff. On June 6, 2023, Defendant propounded Special Interrogatories on Plaintiff. On July 5, 2023, Plaintiff filed this motion for a protective order. DISCUSSION With this motion, Plaintiff seeks a protective order. Under Code of Civil Procedure section 2019.030, subdivision (a), the court may restrict discovery...
2023.11.03 Demurrer 029
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.03
Excerpt: ... elder abuse (neglect), negligence, violation of resident's bill of rights, elder abuse (financial), and wrongful death. On April 5, 2023, Defendant filed this demurrer for the first and fourth causes of action. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.)...
2023.11.02 Motion for Summary Judgment 515
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.02
Excerpt: ... complaint, Plaintiff alleges medical negligence and lack of informed consent against Defendant. On April 25, 2023, Defendant filed this motion for summary judgment. LEGAL STANDARD “¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.¿” (¿¿Code Civ. Proc., § 437c, subd. (c)¿¿.) The...
2023.11.01 Motion to Strike FAC 637
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.01
Excerpt: .... On July 20, 2023, Plaintiff filed a first amended complaint (FAC). The FAC alleges the following causes of action: breach of fiduciary duty, constructive fraud, fraudulent concealment, conspiracy, intentional misrepresentation, accounting and constructive trust, partition and accounting, and dissolution. On September 20, 2023, Defendants filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, fals...
2023.11.01 Demurrer 761
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.11.01
Excerpt: ...only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.¿” (¿¿C.A. v. William S. Hart Union High ...
2023.10.31 Motion to Quash or Modify Deposition Subpoena for Business Records 788
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.31
Excerpt: ...eges retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, wrongful discharge in violation of public policy, and failure to allow inspection of personnel files. On November 22, 2022, Defendant issued a subpoena to Third-Party Adventist Health White Memorial (Third-Party Adventist). On January 3, 2023, Plaintiff filed this motion to quash or modify the subpoena. LEGAL STANDARD Code of Civil P...
2023.10.31 Motion to Compel Further Responses, for Relief from Waiver 062
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.31
Excerpt: ...iled a complaint against Defendant General Motors, LLC (Defendant). The complaint alleges various violations of the Civil Code. On January 27, 2023, Plaintiff propounded discovery on Defendant, including the Special Interrogatories at issue. On March 16, 2023, Defendant served untimely responses. On May 2, 2023, Defendant filed this motion to compel further responses to Special Interrogatory Nos. 24 and 25. LEGAL STANDARD ¿¿A propounding party ...
2023.10.30 Motion for Additional Time to Complete Deposition 395
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.30
Excerpt: ...n arises from a dispute over shoes. On August 10, 2020, Plaintiffs Jackson Stoops and Guiding Hands Social Club, LLC (Plaintiffs) filed a complaint against Defendant Stephen Wei-Liang Leng (Defendant Leng) and others. On June 23, 2021, Plaintiffs filed a second amended complaint. On September 15, 2021, Plaintiffs filed a third amended complaint. In the operative complaint, Plaintiffs alleged breach of contract, “money had and received,” unjus...
2023.10.27 Motion to Compel Further Responses 024
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.27
Excerpt: ... complaint against Defendant Los Angeles County department of Public Social Services (Defendant). The complaint alleges disability discrimination, harassment based on disability, retaliation, failure to engage in the interactive process, failure to provide reasonable accommodation, and failure to prevent discrimination. On January 12, 2023, Plaintiff propounded requests for production of documents (RFPs) on Defendant. After multiple extensions, D...
2023.10.27 Demurrer 169
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.27
Excerpt: ...missal of the elder abuse claim. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's p...
2023.10.26 Motion to Quash or Limit Deposition Subpoena for Production of Business Records, for Sanctions 682
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.26
Excerpt: ...aura Thomas, Robert Tafoya, Manuel Lozano, Michael Taylor, Benjamin Martinez (Defendants). On September 18, 2020, Plaintiff filed a first amended complaint. On February 23, 2022, Plaintiff filed a second amended complaint (SAC). On December 29, 2022, Plaintiff filed this motion to quash or limit Defendants' deposition subpoenas issued to Third-Parties Kaiser Permanente and Octave Behavioral Health. LEGAL STANDARD Code of Civil Procedure section 1...
2023.10.26 Motion to Compel Responses, for Sanctions 615
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.26
Excerpt: ... court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over foreclosed real property. On September 28, 2022, Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. The complaint alleges one cause of action for identity theft. On July 10, 2023, Defendant served Plaintiff with special interrogatories. Plaintiff never responded. On August 24, 2...
2023.10.25 Motion to Compel Responses, for Sanctions 615
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.25
Excerpt: ...urt days […] before the hearing.”].) BACKGROUND This action arises from a dispute over foreclosed real property. On September 28, 2022, Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. The complaint alleges one cause of action for identity theft. On July 10, 2023, Defendant served Plaintiff with form interrogatories. Plaintiff never responded. On August 24, 2023, D...
2023.10.19 Motion to Compel Deposition, for Sanctions 611
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.19
Excerpt: ...ises from a dispute over alleged physical and defamatory attacks. On November 13, 2020, Plaintiff filed a complaint against Defendant. On March 18, 2021, Plaintiff noticed the deposition of Defendant to take place on May 3, 2021. On April 20, 2021, the parties agreed to a discovery extension and vacated the deposition date. Plaintiff noticed another deposition of Defendant set for May 19, 2021. Defendant objected on the grounds that the depositio...
2023.10.18 Motion to Compel Further Responses 515
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.18
Excerpt: ...ACKGROUND This action arises from a dispute over alleged medical malpractice. On January 13, 2020, Plaintiff Otis Vann, Jr. (Plaintiff) filed a complaint against Defendant Jamie L. Taylor (Defendant) and others. On October 18, 2021, Defendant served Plaintiff with special interrogatories. On March 21, 2022, Plaintiff served Defendant with responses to the special interrogatories. Defendant was dissatisfied with Plaintiff's responses. On August 9,...
2023.10.18 Demurrer 239
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.18
Excerpt: ...fendant) and Anthem Blue Cross Life and Health Insurance Company (Anthem). On January 17, 2020, Plaintiff filed a first amended complaint (FAC). With leave of the court, Plaintiff filed a second amended complaint (SAC) on May 5, 2023. In the SAC, Plaintiff alleges (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) intentional misrepresentation, (5) negligent misrepresentation, ...
2023.10.17 Motion to Amend Judgment 957
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.17
Excerpt: ...a complaint against Smile World, Inc., Jin Young Kim, STK Enterprises, Inc., and JK Beauty Group., Inc. (JK Beauty). On October 16, 2020, the court entered judgment under which JK Beauty, Jin Young Kim, and others are judgment debtors. On September 18, 2023, Plaintiff filed this motion to amend the judgment. LEGAL STANDARD “When jurisdiction is . . . conferred on a Court . . . all the means necessary to carry it into effect are also given; and ...
2023.10.17 Motion to Compel Further Responses 515
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.17
Excerpt: ...GROUND This action arises from a dispute over alleged medical malpractice. On January 13, 2020, Plaintiff Otis Vann, Jr. (Plaintiff) filed a complaint against Defendant Jamie L. Taylor (Defendant) and others. On October 18, 2021, Defendant served Plaintiff with form interrogatories. On March 21, 2022, Plaintiff served Defendant with responses to the form interrogatories. Defendant was dissatisfied with Plaintiff's responses. On August 9, 2022, Pl...
2023.10.17 Motion to Compel Responses, for Sanctions 960
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.17
Excerpt: ... party at least nine court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over alleged embezzlement. On December 8, 2020, Dahada Service America, Inc. (Dahada) filed a complaint against Min Chul Jeon and others. In the complaint, Dahada alleged breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, conversion, fraudulent transfer, “unjust enrichment,” constructive fraud, various RICO viola...
2023.10.11 Motion to Strike 740
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.11
Excerpt: ... and others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, fa...
2023.10.11 Motion to File Under Seal 273
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.11
Excerpt: ...ummary judgment with exhibits that included documents subject to the protective order. On September 18, 2023, Defendants filed this motion to seal documents. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, ...
2023.10.11 Demurrer 238
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.11
Excerpt: ...) failure to pay overtime wages, (4) meal break violations, (5) rest period violations, (6) waiting time penalties, (7) failure to provide itemized wage statements, (8) damages for fraud and deceit, (9) unlawful business practices, (10) declaratory relief, (11) breach of oral contract, (12) quantum meruit/implied-in-fact contract, (13) fraud and deceit, (14) intentional infliction of emotional distress, and (15) negligent infliction of emotional ...
2023.10.09 Motion to Compel Responses, for Sanctions 857
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.09
Excerpt: ...dant), Co-Defendant Ira Emus (Co-Defendant), and others. On June 15, 2023, Plaintiff served Defendant with requests for production (set two) (RFPs). That day, Plaintiff also served Co-Defendant with RFPs. On July 28, 2023, Defendant and Co-Defendant served Plaintiff with unverified, joint responses to the RFPs in a single document. On September 5, 2023, Plaintiff filed this motion to compel responses from Defendant to the RFPs and request for san...
2023.10.06 Motion to Tax Costs 442
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.06
Excerpt: ... the court entered a notice of entry of judgment. Defendants were the prevailing party. On July 27, 2023, Defendants filed a memorandum of costs. On August 16, 2023, Plaintiff filed this motion to tax costs. LEGAL STANDARD A prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right, except as otherwise expressly provided by statute. (¿¿See Code Civ. Proc., §§ 1032, subd. (a)(4), 1032, subd. (b), 1033.5¿¿...
2023.10.06 Motion for Protective Order 682
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.06
Excerpt: ... from an employment dispute. On May 8, 2020, Plaintiff Suzanne Ruelas (Plaintiff) filed a complaint against Defendants City of Baldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Manuel Lozano, Michale Taylor an Benjamin Martinez (Defendants). The complaint also named Robert Tafoya (Tafoya) as a Defendant. On January 20, 2022, Plaintiff dismissed Tafoya from this action. On July 31, 2023, Plaintiff filed this motion for a protective order pre...
2023.10.06 Demurrer 254
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.06
Excerpt: ... November 30, 2022, Plaintiff Paul William Pilger (Plaintiff) filed a complaint against Defendants Monica Potter, Sabrina Coryell, and Kevin Dwight (Defendants). The complaint alleges intentional and/or negligent interference with prospective economic advantage. On March 23, 2023, Defendants filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters out...
2023.10.05 Motion to Dismiss or Abate Action 102
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.05
Excerpt: ...ed a complaint against Yeo Bai Lee (Lee) and Julia Lee. The complaint alleges the following causes of action: conversion; embezzlement; aiding and abetting embezzlement; breach of fiduciary duty; aiding and abetting breach of fiduciary duty; receipt of stolen property; and unjust enrichment. On August 7, 2023, Lee filed this motion to dismiss or abate this action. LEGAL STANDARD When parties file suits against each other in different courts, and ...
2023.10.04 Motion to Compel Further Responses 324
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.04
Excerpt: ... (Defendant). The complaint alleges breach of implied warranty of merchantability and breach of express warranty under the Song-Beverly Act. On April 25, 2023, Plaintiff propounded on Defendant requests for production of documents (RFPs). On May 1, 2023, Defendant served Plaintiff with responses. Plaintiff was dissatisfied with Defendant's responses and the parties met and conferred multiple times. On July 21, 2023, Defendant served further respo...
2023.10.04 Motion to Compel Arbitration 405
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.10.04
Excerpt: ...r's ruling of his individual PAGA claims and non-PAGA claims. BACKGROUND This action arises from an employment dispute. On June 6, 2022, Plaintiff Ricardo Torres (Plaintiff) filed a complaint against Lancaster Hospital Corporation (Defendant). The complaint alleges the following causes of action: failure to compensate for all hours worked; failure to pay minimum wages; failure to pay overtime; failure to provide accurate itemized wage statements;...
2023.09.29 Motion for Leave to File FAC 001
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.29
Excerpt: ...ion arises from an employment dispute. On December 30, 2022, Plaintiff Phillip Ri (Plaintiff) filed a complaint against Defendant City of Los Angeles (Defendant). The complaint alleges the following causes of action: disability harassment; disability discrimination; retaliation in violation of FEHA; and failure to prevent harassment, discrimination, and retaliation. On August 8, 2023, Plaintiff filed this motion for leave to file a first amended ...
2023.09.27 Motion to Compel Arbitration 498
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.27
Excerpt: ...fendant). In their complaint, Plaintiffs allege various violations of the Labor Code. On June 9, 2023, Defendant filed this motion to compel arbitration. DISCUSSION The parties dispute the extent to which the arbitration agreement's Private Attorneys General Act (PAGA) waiver is enforceable. The agreement provides as follows: “By signing this agreement, you waive your right to commence, or be a party to, any class, representative, or collective...
2023.09.26 Motion to Strike 740
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.26
Excerpt: ... others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, false ...
2023.09.19 Motion for Leave to File Complaint 549
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.19
Excerpt: ...n for strict liability and negligence. On May 21, 2020, the successor in interest of Mark D. Croce and his surviving children (Croce Plaintiffs) filed a complaint against Defendant. The complaint alleges strict product liability, breach of warranties, and negligence. On July 24, 2020, the court found these cases related. On October 27, 2022, the Capriotto Plaintiffs filed a first amended complaint, as did the Croce Plaintiffs. On November 22, 202...
2023.09.19 Motion for Leave to Amend Complaint 914
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.19
Excerpt: ...ss warranty, breach of implied warranty of non- infringement, intentional misrepresentation, and indemnity. On August 23, 2023, Plaintiff filed a motion for leave to amend the complaint to add a cause of action for theft arising from the same underlying transaction as the existing causes of action. Trial is set for November 27, 2023. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance o...
2023.09.19 Motion for Determination of Good Faith Settlement or to Enforce Terms of Settlement 325
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.19
Excerpt: ...This action arises from a contractual dispute. On June 23, 2021, Plaintiff LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant Mistry Engineering) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.” On February 28, 2022, Defendant Mistry Engineering filed a cross-complaint against the following: Windsor Consulting Services Group...
2023.09.15 Motion for Attorney Fees 960
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.15
Excerpt: ...33.420 to recover the attorney's fees and costs it incurred in needing to prove matters that Plaintiff purportedly wrongfully denied in response to the RFAs. Section 2033.420 states in pertinent part, “If a party fails to admit . . . the truth of any matter . . . and if the party requesting that admission thereafter proves . . . the truth of that matter, the party requesting the admission may move the court for an order requiring the party to w...
2023.09.12 Motion for Leave to File SACC 163
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.12
Excerpt: ...ty. Unbeknownst to Defendants, Plaintiff filed a first amended complaint on October 6, 2022. On October 18, 2022, Defendants filed a first amended cross-complaint based on Plaintiff's original complaint. On November 18, 2022, Defendants filed this motion for leave to file a second amended cross-complaint. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms a...
2023.09.07 Motion for Summary Judgment, Adjudication 648
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.07
Excerpt: ... Plaintiff filed a first amended complaint. In the complaint, Plaintiff alleged causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. On March 17, 2023, Plaintiff filed this motion for summary judgment or, in the alternative, summary adjudication. LEGAL STANDARD “¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any materi...
2023.09.06 Motion to Enforce Settlement 269
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.09.06
Excerpt: ...irez (Plaintiff) filed a complaint against Defendants Inspired Dining Group, Inc. and Randy Doten (Defendants). In the complaint, Plaintiff alleged the following causes of action: failure to pay overtime wages, failure to pay minimum wages, failure to provide meal periods, wage statement violations, failure to pay due wages at termination, violations of the Labor Code, and violation of Business and Professions Code section 17200, et seq. On Decem...
2023.08.31 Motion to Compel Responses, for Sanctions 960
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.31
Excerpt: ... court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over alleged embezzlement. On December 8, 2020, Dahada Service America, Inc. (Dahada) filed a complaint against Min Chul Jeon and others. In the complaint, Dahada alleged breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, conversion, fraudulent transfer, “unjust enrichment,” constructive fraud, various RICO violations, and declarato...
2023.08.31 Motion for Summary Judgment, Adjudication 652
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.31
Excerpt: ...ively “Equity”). In the complaint, Fox and others allege negligence, negligence per se, and various violations of Los Angeles County ordinances. On July 2, 2021, Equity filed a cross-complaint against Fox and others. In the cross- complaint, Equity's first cause of action for breach of contract applies to Joyce Eisman alone. Equity's following causes of action apply to Fox and others: (2) equitable indemnity, (3) implied indemnity, and (4) de...
2023.08.30 Motion to Compel Arbitration 870
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.30
Excerpt: ...he following causes of action: discrimination; harassment; retaliation; failure to prevent discrimination, harassment, and retaliation; declaratory judgment; wrongful termination in violation of public policy; failure to pay wages; failure to provide meal and rest periods; failure to provide wage and hour statements; waiting time penalties; and unfair competition. On February 16, 2023, Defendants filed this motion to compel arbitration. DISCUSSIO...
2023.08.24 Motion to Enforce Settlement 314
Location: Los Angeles
Judge: Leis, Colin P
Hearing Date: 2023.08.24
Excerpt: ...062 – which had been dismissed in July 2014. Three years later in 2018, Plaintiff filed against Defendant a second lawsuit which is the lawsuit pending before this court. In November 2022, Plaintiff moved to enforce in this second lawsuit the first lawsuit's purported settlement agreement. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...

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