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Judge: Feeney, Jill x
2023.05.05 Motion for Summary Judgment 109
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.05
Excerpt: ...D as to the Second, Third and Fifth Causes of Action. 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 Quiet Title. The Complaint alleges as follows. Plaintiff Susana de Loera ("Plaintiff') has been living at 14936 Aztec Street. Sylmar, CA 91342 (the "Sub]ect Property/' ) since 1990. (Compl. 5.) In 1993, Plaintiff entered into a...
2023.05.05 Motion to Compel Arbitration 173
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.05
Excerpt: ...f such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Francisco Elias and Teresa Elias ("Plaintiffs") purchased a 2015 Dodge Ram 1500 (the "Subject Vehicle") manufactured by defendant FCA US, LLC ("FCA"). (Compl. I g.) Plaintiff entered into a warranty contract with FCA by which FCA undertook...
2023.05.04 Motion to Compel Deposition 839
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.04
Excerpt: ... 10 days after the date of this order. Defendant Healthcare Security Service, Inc.'s Request for Monetary Sanctions is GRANTED. Sanctions in the amount of $1,260 are jointly and severally imposed on Plaintiff and Plaintiffs Counsel. Sanctions are payable within I O days after the date of this order. 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 Th...
2023.05.04 Motion for Summary Judgment 555
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.04
Excerpt: ...nce date of June 8, 2023 at II a.m. for review of proposed judgment. Moving paror to provide notice and to file proof of such notice within five court days after the date ofthis order. FACTUAL BACKGROUND This is an action for breach of contract The operative Second Amended Complaint ("SACO alleges as follows. Defendants Danny Gerardi ("Gerardi") and Thomas Atwood ("At•.vood" and collectively with Gerardi, the "Sellers") hired Defendant Rodeo Re...
2023.05.03 Motion for Summary Judgment 844
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.03
Excerpt: ...emainder of Defendants' Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND This is an action for uninhabitability of a rental unit. The Complaint alleges as follows. On August 31, 2016, plaintiff Giovanna Bruna De Azevedo CPIamtiff') entered into a residential lease agreement with defendant Fernando Santos to rent a unit managed by Fernando Santos and defendant Maria Estrella Santos (together, "Defendants") at 149 S. Normandie Ave„ Los A...
2023.05.03 Anti-SLAPP Motion to Strike, Demurrer to TAC 566
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.03
Excerpt: ...tter. The Court held oral argument on this motion on May 3, 2023. Defendant Catamount Properties 2018 LLC's Anti-SLAPP Motion to Strike the Third Amended Complaint of Trina Allen is GRANTED. Defendant Catamount Properties 2018 LLC's Demurrer to the Third Amended Complaint is OVERRULED as moot 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 a...
2023.05.02 Motion to Set Aside or Vacate Default 340
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.05.02
Excerpt: ...fendant Don Frederick Shefte is hereby vacated and pursuant to the request of Plaintiff Defendant Don Frederick Shefte is DISMISSED WITH PREJUDICE. The Court Sets an OSC Re: Why the Remaining Defendants Should Not Be Dismissed for Failing to Bring the Defendants to Trial Within 5 years (plus SIX months) pursuant to Code of Civil Procedure Section 581 (g), 583.210 and 583.250; and OSC Re: Why Defendant Tom Sims Should not be Dismissed for Failure ...
2023.04.28 Motion to Set Aside Default 030
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.28
Excerpt: ...ion 473 (d), based on a claim of lack of proper service, not Section 473(b). The Court notes that if there is any proper motion brought with a sufficient legal basis for setting aside the defaults, the Court would grant such a motion. The Court notes that Defendants offered to accept service through their attorney if Plaintiff would set aside the defaults. The Court urges the parties to meet and confer to see an agreement may be reached. Moving p...
2023.04.28 Motion to Enter Default, OSC Re Dismissal 447
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.28
Excerpt: ...otion to Compel the Clerk ofthe Court to Enter Default is DENIED. The Court sets an OSC Re: Dismissal for Failure to Request Entry of Default pursuant to Code of Civil Procedure Section 581 (g) and 583.410 and California Rule of Court 3.110(g) (Case Management Conference Moving parg.' 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 debt col...
2023.04.28 Motion to Compel Arbitration 173
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.28
Excerpt: ...f this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Francisco Elias and Teresa Elias ("Plaintiffs") purchased a 2015 Dodge Ram 1500 (the "Subject Vehicle") manufactured by defendant FCA US, LLC ("FCA"). (Compl. I g.) Plaintiff entered into a warranW contract with FCA by which FCA undertook to preserve the utility and performance of the Subjec...
2023.04.27 Motion for Reconsideration, for New Trial 504
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.27
Excerpt: ... a landscaping project Plaintiff Christopher Michael Dowding filed his Complaint against Hilary Susan Rose, Dirty Girl Organic Landcare, and David Michael Talla on February 25, 2021. On April 28, 2022, Plaintiff filed a Doe Amendment naming Todd Blue and Sapphire America, LLC as defendants in this action. On February 21, 2023, the Court granted the motion for summary judgment filed by Defendants Todd Blue and Sapphire America, LLC. On March 2, 20...
2023.04.27 Motion for Attorney Fees 084
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.27
Excerpt: ...L BACKGROUND This is an appeal ofa Labor Commissioners Award. PROCEDURAL HISTORY On September 16, 2021, appellant Robert McKiernan ("McKiernan") filed the Appeal of Labor Commissioner's Award. On January 7, 2022, the parties submitted their Trial Briefs. On February 7, 2022, the non-jury trial commenced. On July 13, 2022, the Court entered its Tentative Statement of Decision findmg that Appellant Jimmy Wang ("Wang") could be held personally liabl...
2023.04.26 Motion for Judgment on the Pleadings 420
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.26
Excerpt: ...n's arguments as to whether leave to amend should be granted. FACTUAL BACKGROUND This is an action for an unpaid bond. The Complaint alleges as follows. Plaintiff Hartford Fire Insurance Company ("Plaintiff') issued to Defendant Courtney Hanlon dba Hanlon Talent Agency ("Defendant") a License and Permit Bond (the "Bond") in the amount of $50,000.00. (Compl. 7; Exh. A.) The Bond was issued pursuant to an application and indemnity agreement (the "A...
2023.04.26 Motion to Compel Arbitration 252
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.26
Excerpt: ...anty Act ("SBA"). The Complaint alleges as follows. Plamtiff Maria Zavala ("Plaintiff) purchased a new Nissan Murano (the "Subject Vehicle") manufactured by defendant Nissan North America, Inc. ("Nissan"). (Compl. 8-9.) Plaintiff entered into an express written contract With Nissan by which Nissan undertook to preserve the utility and performance of the Subject Vehicle or provide compensation for Nissan's failure to do such; that warranty period ...
2023.04.26 Motion for Summary Judgment 915
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.26
Excerpt: ...Summary Judgment/Summary Adjudication is DENIED as to all other causes of action. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. In August 2013, Plaintiffs Luis Gonzalez ("Gonzalez") and Maria Horta ("Horta" and with Gonzalez, "Plaintiffs") purchased a 2013 Kia Optima with an express, written warranty, plus a subsequent 10 year/ 120,000 mile warranty extension f...
2023.04.25 Motion to Set Aside Default 030
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.25
Excerpt: ...ion 473 (d), based on a claim of lack of proper service, not Section 473(b). The Court notes that if there is any proper motion brought with a sufficient legal basis for setting aside the defaults, the Court would grant such a motion. The Court notes that Defendants offered to accept service through their attorney if Plaintiff would set aside the defaults. The Court urges the parties to meet and confer to see an agreement may be reached. Moving p...
2023.04.25 Demurrer to FACC, Motion to Strike 825
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.25
Excerpt: ...st, Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fifteenth causes of action is SUSTAINED without leave to amend as to Cross-Complamant Romy Tiffanie Han in her individual capacity only. The remainder of Cross-DefendantJee Hoon Choi's Demurrer is OVERRULED. Cross-DefendantJee Hoon Choi's Motion to Strike is GRANTED without leave to amend. The answer to the cross-complaint must be filed and served w...
2023.04.25 Demurrer to FAC 061
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.25
Excerpt: ... Fourth and Fifth Causes of Action in the First Amended Complaint is SUSTAINED. Plaintiff is granted thirty days leave to amend. Moving parties 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 wrongful foreclosure and fraud. The operative First Amended Complaint ("FAC") alleges as follows. Plaintiff Montano Investments, Inc. ("Plaintiff') wo...
2023.04.21 Motion to Compel Arbitration, for Monetary Sanctions 390
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.21
Excerpt: ...rejudice. AutoZone, Inc. and AutoZoners, LLC's Request for Monetary Sanctions against Plaintiffs Counsel is DENIED. FACTUAL BACKGROUND This is an action for workplace harassment brought under the Fair Employment and Housing Act ("FEHR). The Complaint alleges as follows. Plaintiff Leslie Valencia ("Plaintiff') was hired as an associate by defendants AutoZone, Inc. and AutoZoners, LLC (together, "AutoZone") in September 2019. (Compl. I I.) While em...
2023.04.20 Motion for Summary Judgment 095
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.20
Excerpt: ...nd Dismissal of Cross Complaint Filed by Rodolfo Secaida for Failure to File POS/Default Cross-Defendant Cristobal Vasquez for April 12, 2023 at 8:30 a.m. The motion is granted. A proposed judgement must be filed within 20 days. Moving parties to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence and motor vehicle negligence arising from a veh...
2023.04.20 Motion for Leave to Amend SAC 967
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.20
Excerpt: ...out prejudice. FACTUAL BACKGROUND This is an action for wrongful death, fraud, and elder abuse. The operative Second Amended Complaint (“SAC”) alleges as follows. Plaintiffs Richard Cordova (“Cordova”), and Maria Poroy (“Poroy”) are the children of decedent Sumie Cordova (“Decedent”). (SAC ¶ 14.) On or about September 12, 2018, Cordova was contacted by multiple firms regarding the foreclosure sale of Decedent's property (“Subje...
2023.04.19 Motion for Terminating Sanctions or for Monetary Sanctions 571
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.19
Excerpt: ...anctions is DENIED. Defendants Firefly Fabrications, LLC and Justin Campbell's Motion for Monetary Sanctions is GRANTED in the amount of $3,600.00 against Plaintiff's Counsel only. Sanctions are payable within 30 days. 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 contract. The operative First Amended Complaint alle...
2023.04.19 Demurrer 098
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.19
Excerpt: ...laintiff”) owns real property located at 3223 W. 6th St., Los Angeles, CA 90020. (Compl. at p. 1.) Defendant Young Hyo Kim (“Kim”) agreed to rent a unit in the subject property for $3,800.00 a month. (Ibid.) Kim's tenancy was terminated for cause. (Compl. at p. 2.) Plaintiff personally served Kim with a copy of the 3-day notice to pay rent or quit on March 14, 2023. (Ibid.) Kim currently owes past due rent in the amount of $45,600.00. (Comp...
2023.04.18 Motion to Set Aside or Vacate Default 567
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.18
Excerpt: ...efendants' operative responsive pleading. FACTUAL BACKGROUND This is an action to set aside a void judgment. The Complaint alleges as follows. Plaintiff Eric Shaub Mori (“Plaintiff”) and defendants Joe Connolly (“Joe”) and Jeri Connolly (“Jeri” and together, “Defendants”) were involved in prior litigation (the “Underlying Case”) in this Court. (Compl. ¶ 2.) In the Underlying Case, default judgment was entered for Defendants a...
2023.04.18 Demurrer to TAC 349
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.04.18
Excerpt: ...CKGROUND This is an action for breach of an oral contract to form a joint venture. The operative Third Amended Complaint (“TAC”) alleges as follows. In 2020, non-party John Park (“Park”), principal of defendant Parkwest Bicycle Casino, LLC (“Parkwest”), purchased a minority share in a Southern California casino with the intent to ultimately purchase the entire operation. (TAC ¶ 10.) Park was introduced to the principals of non-party ...

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