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2023.07.25 Motions to Compel Responses, for Monetary Sanctions 264
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.25
Excerpt: ...T, LLC AND/OR THEIR COUNSEL OF RECORD JAY W. SMITH The motions are granted. Defendant Compound is ordered to serve verified responses without objections within five days after the date of this order. Plaintiffs are ordered to serve by overnight delivery service all the discovery motions that they have filed on counsel Timothy Milner. This includes all motions up to and including the motions scheduled for July 28, 2023. On a going forward basis, t...
2023.07.25 Demurrer, Motion to Strike 438
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.25
Excerpt: ... to the following causes of action: fourth, fifth, and eleventh. Plaintiffs are granted leave to amend by September 8, 2023. As no arguments were made with respect to the motion to strike, it is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans�...
2023.07.24 Demurrer, Motion to Strike FAC 438
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.24
Excerpt: ...eptember 8, 2023. Defendant never briefed a motion to strike. It is therefore denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint ("FAC") alleges as follows. Non-parties Tracy Brennan and William Brennan (the "Brennans") founded Kalologie Medspa ("Kalologie"). (FAC 25.) The Brennans formed Kalologie Spa Destinations LLC ("Franchisor") to fra...
2023.07.21 Motion to Compel Arbitration 075
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.21
Excerpt: ...tion: (1) breach of implied warranty of habitability (survival action); (2) elder abuse and neglect (survival action); and (3) negligence/negligence per se (survival action). The motion is denied with respect to the following causes of action: (1) violation of Residents' Bills of Rights (survival action expressly exempted from arbitration pursuant to the arbitration agreement); (2) wrongful death (nonsurvival action); and (3) concealment (nonsurv...
2023.07.21 Motion for Summary Judgment 920
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.21
Excerpt: ...plication of the City of Los Angeles' rental debt repayment protections to this action. Moving party to provide notice. FACTUAL BACKGROUND This is an unlawful detainer action. The Complaint alleges as follows. Plaintiff 5929 Sunset (Hollywood), LLC (“Plaintiff”) owns real property located at 1522 Gordon Street (the “Subject Property”). In January 2022, defendant Carmen Bryan (“Defendant”) entered a year-long lease with Plaintiff to oc...
2023.07.19 Motion for Leave to Amend Answer 426
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.19
Excerpt: ... “Movants”) Motion to Amend Answer is GRANTED. Movants are ordered to file and serve the First Amended Answer within five days. Moving party to provide notice and to file proof of service of such notice within five days after the date of this order. FACTUAL BACKGROUND This is an action originally brought by Fung Bark Lau and Yang He (“Plaintiffs”) regarding a variety of construction defects in the renovation of their home (the “Subject ...
2023.07.19 Demurrer to FAC, Motion to Strike 438
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.19
Excerpt: ...intiffs are granted leave to amend by September 8, 2023. Defendant Kourosh Akhtarzad's Motion to Strike is GRANTED. Plaintiffs are granted leave to amend by September 8, 2023. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans”) founded Kalologie Medspa (“Kalologie”). (FAC ¶ 25.)...
2023.07.18 Motion to Strike Punitive Damages 236
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.18
Excerpt: ...f this order. FACTUAL BACKGROUND This is an action for breach of the implied warranty of habitability. The Complaint alleges as follows. Plaintiff Morgan Lieberman (“Plaintiff”) was a tenant in a property located at 1324 Calumet Ave., Echo Park, CA (the “Subject Property”). (Compl. ¶ 1.) Defendants Statewide Enterprises, Inc., Vista 1234 Calumet, LLC and Vista Investment Group, LLC (together, “Defendants”) owned, managed, and/or oper...
2023.07.18 Motion to Compel Further Responses 099
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.18
Excerpt: ...ompel Further Response to Request for Production, Set One is GRANTED. Plaintiff is ordered to propound all contemporaneous timesheets in connection with this case within seven days. Plaintiff may redact any information it deems to be privileged as attorney work product, supported by a privilege log. The log should also be produced within seven days. Moving party to provide notice and to file proof of service of such notice within five days after ...
2023.07.18 Demurrer, Motion to Strike 797
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.18
Excerpt: ...ne Payton's Demurrer to the Cross-Complaint is SUSTAINED. At hearing, the Court will consider Griffith's arguments as to whether leave to amend should be granted. Payton's Motion to Strike is GRANTED. Defendant Joseph Griffith's unverified answer filed on October 31, 2022, is stricken from the record. Defendant Joseph Griffith's verified answer, filed on July 5, 2023, is to serve as Griffith's operative Answer. FACTUAL BACKGROUND This is an actio...
2023.07.17 Anti-SLAPP Motion 866
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.17
Excerpt: ...ion to determine whether Plaintiffs/Cross-Defendants are due attorney fees pursuant to Code of Civil Procedure section 425.16(c). At hearing, the Court will discuss with the parties an expedited briefing schedule such that this action may proceed efficiently. FACTUAL BACKGROUND This is an action for constructive eviction. The Complaint alleges as follows. Plaintiffs Forrest Penny-Brown (“Penny-Brown”) and Justin Andrew Robinson (“Robinson�...
2023.07.13 Demurrer, Motion to Strike 438
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.13
Excerpt: ...end by September 8, 2023. Defendant Ramesh Akhtarzad's Motion to Strike is GRANTED. Plaintiffs are granted leave to amend by September 8, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans”) founded Kalologie Medspa (“Kalologie”). (FAC ¶ 25.)...
2023.07.13 Motion for Protective Order, to Compel Deposition 683
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.13
Excerpt: ... of Technology's Motion to Compel Deposition is GRANTED. The parties are to schedule Plaintiff's deposition for a date on or before July 21, 2023. Both parties' requests for sanctions are DENIED. Counsel are advised to review Los Angeles Superior Court's Local Rules, Appendix 3.A: “Guidelines for Civility in Litigation.” The Court expects that counsel will treat one another, and the parties to this and every action, with civility and respect....
2023.07.13 Motion for Leave to File Complaint 936
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.13
Excerpt: ...posed cross-complaint filed on 6/14/2023 is accepted. Answer or other responsive pleading is due within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five days after the date of this order. FACTUAL BACKGROUND This is an action for property damage resulting from water leak in a condominium complex. The Complaint alleges as follows. Plaintiff Belinda Wing, Trustee of the Yim ...
2023.07.13 Motion for Summary Adjudication 566
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.13
Excerpt: ...A BROWN, CANIESHA RUTH, LONDON CARRIER, DAVID SAVARINO, AND LEONARD MERRIWEATHER'S MOTION FOR SUMMARY ADJUDICATION. Plaintiffs' Motion for Summary Adjudication is GRANTED. Plaintiffs are each awarded $10,000 in statutory damages under ICRAA. Plaintiffs are permitted to file a memorandum of cost and a noticed motion for attorney fees to recover such costs pursuant to Civil Code § 1786.50(a)(2). Moving party to provide notice. FACTUAL BACKGROUND T...
2023.07.12 Motion to Continue Trial 672
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.12
Excerpt: ... sexual harassment. The Complaint alleges as follows. Plaintiff R. Lee (“Plaintiff”) was employed as an accounting manager by defendants Seowon, LLC, (“Seowon”), Sungmeen Shon (“Shon”), Dal Hang Kim (“Kim”), Cornerstone Apparel, Inc. (“Cornerstone”), New Pride Corporation (“New Pride”), Glendale CSA, Inc. (“Glendale”), CH Apparel, Inc. (“CH Apparel”), CSA Apparel Company (“CSA Apparel”), and Vision Canaan Corpo...
2023.07.12 Motion for Summary Judgment, Adjudication 184
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.12
Excerpt: ...ourt days after the date of this order. FACTUAL BACKGROUND This is a consolidated action for breach of contract. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Humanoids, Inc. (“Humanoids”) entered into a written agreement (the “Agreement”) with Defendant Vagator Production Sarl (“Vagator”) to co-publish a book provisionally entitled Metal Hurlant Off Serial (the “Project”). (FAC ¶ 6.) The parties...
2023.07.11 Petition for Approval of PAGA Settlement 323
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.11
Excerpt: ...brought under the Private Attorneys General Act (“PAGA”). The Complaint alleges as follows. Plaintiff Jason McClure (“Plaintiff”) began working for Defendant Cal-Quake Construction, Inc. (“Cal-Quake”) on or about November 2018. (Compl. ¶ 1.) In June 2019, Plaintiff was injured in a motorcycle accident and requested medical accommodations. (Ibid.) Cal-Quake ignored this request. (Ibid.) Plaintiff also complained about Cal-Quake's ille...
2023.07.11 OSC Re Contempt 003
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.11
Excerpt: ...SC to Find Defendants and Daniel Kim in Contempt is DENIED. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease. The Complaint alleges as follows. Plaintiff Hawkeye Entertainment, LLC (“Hawkeye”) entered into a lease agreement for commercial space (the “Subject Property”) with Defendants Smart Capital Investment I, LLC, Smart Capital II, LLC, Smart Capital Investment III, LLC, Smart Capita...
2023.07.11 Motion to Compel Responses, for Monetary Sanctions 997
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.11
Excerpt: ...FOR MONETARY SANCTIONS Defendant Pickford Real Estate, Inc.'s Motion to Deem Requests for Admission Admitted is GRANTED. Defendant Pickford Real Estate, Inc.'s Motion to Compel Responses to Interrogatories is GRANTED. The responses are due within 20 days after the date of this order. Defendant Pickford Real Estate, Inc.'s Request for Monetary Sanctions is GRANTED in the amount of $1,213.65 against Plaintiffs Mehdi Haerikhorshid and Leila Haeri ON...
2023.07.11 Motion for Stay of Proceedings 008
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.11
Excerpt: ...TCV27865. For this reason, there will be no decision on the motion to tax costs at this time and it is taken off calendar. The Court sets a status date on December 8, 2023 at 8:30 a.m. for a report concerning the pending appeal. FACTUAL BACKGROUND This is an action for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”). The Complaint alleges as follows. Defendant Solari Enterprises, Inc. (“Solari”) owns and operates ...
2023.07.07 OSC Re Imposition of Sanctions 134
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.07
Excerpt: ... not limited to, Chris Duarte Group, and Chris Taylor Brown (Singer from the band “Trapt”), by, among other things, threatening them with lawsuits for continuing to work with Artists Worldwide Agency, LLC.” On March 14, 2023, a copy of the preliminary injunction was served on counsel for Defendant Maggiore. Based on this fact, the Court infers that Defendant Maggiore was aware of the contents of the order. (See In re Ivey (2000) 85 Cal.App....
2023.07.07 Motion to Compel Arbitration 680
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.07
Excerpt: ...ation and wrongful termination employment action. The Complaint alleges as follows. Plaintiff Armando Rosas (“Plaintiff”) was hired by defendant Fleet Logic, LLC (“Defendant”) in April 2017. (Compl. ¶ 9.) At all times during Plaintiff's employment, Defendant was aware that Plaintiff had esophageal cancer, a qualifying disability under the Fair Employment and Housing Act (“FEHA”). (Compl. ¶ 10.) Between 2017 and 2021, Plaintiff recei...
2023.07.07 Motion for Leave to File SAC 498
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.07.07
Excerpt: ...for damages sustained in an altercation with security at a Los Angeles Dodgers baseball game. The operative First Amended Complaint (“FAC”) alleges as follows. On March 29, 2019, Plaintiff Francisco Rodriguez (“Plaintiff”) attended a baseball game hosted by defendant Los Angeles Dodgers, LLC (the “Dodgers”). (FAC ¶ 8.) Plaintiff approached a Dodgers' security guard, defendant Brianna Coberly (“Coberly”), about the way Dodgers' se...
2023.06.23 Motion to Strike Punitive Damages 590
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.06.23
Excerpt: ...otion to Strike Punitive Damages from the Complaint is DENIED. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of the implied warranty of habitability. The Complaint alleges as follows. Plaintiffs Zachary Weitz and Brooke Lewinter (“Plaintiffs”) rented residential property located at 425 Broadway, Santa Monica, CA (t...

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