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2023.12.08 Motion to Compel Compliance with Deposition Subpoena 273
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.08
Excerpt: ...GROUND This is an action for defamation, false light, and intentional infliction of emotional distress. Plaintiff alleges that he was enrolled in the Stella Adler Studio of Acting in January 2021. A mutual friend introduced Plaintiff to Defendant Romich in September 2021 because Defendant wanted to meet him. Despite Plaintiff being an openly homosexual man, Defendant aggressively pursued a relationship with Plaintiff. Plaintiff agreed to have lun...
2023.12.08 Demurrer 253
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.08
Excerpt: ...ntiff wishes to file a first amended complaint addressing the issues identified with respect to the retaliatory eviction cause of action, Plaintiff must file and serve any first amended complaint with 20 days after the date of this order. Defendant's motion to strike is DENIED. Moving party to provide notice. FACTUAL BACKGROUND This is an action for Intentional Infliction of Emotional Distress (“IIED”) and violations of Civ. Code, section 194...
2023.12.07 Motions to Compel Further Responses 307
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.07
Excerpt: ...t with respect to RFAs 5-7 which are DENIED. Defendant Levin's motion to compel Plaintiff to serve further verified responses to Defendant's Form Interrogatories, Set One is GRANTED. Defendant Levin's motion to compel Plaintiff to serve further verified responses to Defendant's Special Interrogatories, Set One is GRANTED, except with respect to Requests No. 15 and 16 which are DENIED. Defendant Levin's motion to compel Plaintiff to serve further ...
2023.12.06 Motion to Seal Exhibits 239
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.06
Excerpt: ...I. FACTUAL BACKGROUND This is an action for negligence, negligent hiring, negligent failure to warn, sexual battery, and sexual harassment. Plaintiff Brandon David alleges he suffered physical and sexual abuse committed by Doe 5, Brandon David's father, between approximately 1987 and 1991 at their home in Anaheim, California, and later North Hills, California. (David Compl., ¶¶56-57.) Plaintiff was raised as a member of the Fellowship (“TLWF�...
2023.12.06 Motion to Reconsider 658
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.06
Excerpt: ...e hearing. 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 lemon law action. The Complaint alleges as follows. On October 14, 2016, James Branscromb III (“Plaintiff”) purchased a 2015 Mercedes-Benz C300 (“subject vehicle”). The subject vehicle contained certain electrical and engine defects. Following a number of attempts, Mercedes...
2023.12.06 Demurrer to FAC, Motion to Strike Punitive Damages 369
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.06
Excerpt: ...uld be prepared to discuss the issue of leave to amend. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song-Beverly Warranty Act and fraudulent inducement and concealment. Plaintiffs allege that they purchased a 2020 Chevrolet Silverado 1500 from Defendant in 2020. The vehicle arrived with defects that Defendant failed to repair despite a reasonable number of opportunities. Plaintiffs allege that Defend...
2023.12.05 Motion to Compel Responses, to Deem RFAs Admitted 975
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.05
Excerpt: ...s' motion to deem requests for admission as the genuineness of documents, Set One admitted is granted as to Defendant Antonio Castillo. Plaintiff's motion to deem requests for admission, Set One admitted is granted as to Defendant Antonio Castillo. Plaintiffs' motion to compel Defendant Antonio Castillo's responses to (1) Form Interrogatories, Set One: (2) Form Interrogatories, Set Two; (3) Special Interrogatories, Set One; (4) Special Interrogat...
2023.12.05 Motion to Compel Further Responses 273
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.05
Excerpt: ...uests for production is GRANTED in part and DENIED in part. The motion is denied with respect to Request No. 9. The motion is denied with respect to Request No. 8, except that documents relating to interviews conducted by the Plaintiff himself must be produced. With respect to Requests 14-15, 45, 48, 50, 52, and 53, the responses are limited to documents from up to five years before the alleged assault and onward. The Court imposes sanctions join...
2023.12.01 Motions to Compel Arbitration 876
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.01
Excerpt: ...nation, harassment, retaliation, failure to provide reasonable accommodation, failure to engage in the interactive process, failure to prevent discrimination, breach of contract, negligent hiring, wrongful termination, and intentional infliction of emotional distress. Plaintiff alleges that she was employed at EWB Bank (“EWB”). Plaintiff was diagnosed with Hodgkin's Lymphoma in October 2017 and went on disability leave to receive treatment. I...
2023.12.01 Motion to Strike Punitive Damages from TAC 101
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.01
Excerpt: ...ithout leave to amend. 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 breaches of covenants, conditions, and restrictions; enforcement of equitable servitudes; private nuisance; an accounting; breach of fiduciary duty; and elder abuse arising from a burst pipe which damaged Plaintiffs' residence. Plaintiffs allege that a water...
2023.12.01 Motion for Determination of Good Faith Settlement 476
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.01
Excerpt: ... LF Assoc, Inc. dba Keller Williams Realty-Los Feliz (“KW”), Darren Hubert, and Joseph Cloninger is GRANTED. 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, fraud in inducement, negligent misrepresentation, intentional misrepresentation, and negligence. Plaintiffs allege that in December 2020, Plaintiffs...
2023.12.01 Motion for Attorney Fees 796
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.12.01
Excerpt: ...employed by the Los Angeles County District Attorney's Office as a Head Deputy District Attorney. In November 2020, George Gascon was elected to the office of the District Attorney. Gascon released directives that substantially changed the way crimes were to be prosecuted. The directives abolished prosecutors' ability to file crimes against juveniles if the crime also qualified as a strike, prohibited prosecutors from charging juveniles for more ...
2023.11.30 Motion to Compel Further Responses 465
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.30
Excerpt: ...ses to Special Interrogatories, Set One is GRANTED. Defendant is ordered to serve verified responses without objections within 10 days after the date of this order. Sanctions in the amount of $2,310 are imposed against Defendant. Sanctions are payable within 10 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 This i...
2023.11.30 Anti-SLAPP Motions to Strike 042
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.30
Excerpt: .... With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action based upon the filing of the Interpleader Action. The Director Defendants' motion is DENIED with respect to all causes of action except for the ninth cause of action. With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action b...
2023.11.29 Motion to Compel Production of Records 370
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.29
Excerpt: ...th Services is granted. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of warranty of habitability, negligence, nuisance, intentional infliction of emotional distress, breach of contract, breach of the covenant of quiet enjoyment, fraud, and housing discrimination. Plaintiff alleges that she leased an apartment from Defendants which Defendants failed to maintain. Plaintiff alle...
2023.11.29 Motion for Summary Judgment 271
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.29
Excerpt: ... for breach of contract. Plaintiff alleges that in May 2017, it entered into an ATM Machine placement agreement to place an ATM at Defendant's business and pay Defendant $1.00 per transaction. (Compl., ¶¶7-9.) The contract term was five years, which would automatically renew for an additional term unless written notice was given at least one month prior to expiration of the previous term. (Id.) Plaintiff alleges it never received termination of...
2023.11.22 Motion for Summary Judgment, Adjudication 594
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.22
Excerpt: ...rporation is GRANTED as to the first cause of action and DENIED as to the second, seventh, and ninth causes of action, as well as with respect to the demand for punitive damages. Moving party to provide notice. FACTUAL BACKGROUND This is an action for employment discrimination and wrongful termination. The Complaint alleges as follows. Plaintiff Jayne Montarbo (“Plaintiff”) was employed by Defendant Starbucks Corporation (“Starbucks”) for...
2023.11.22 Motion for Protective Order 233
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.22
Excerpt: ...prevent discrimination, harassment, or retaliation. Plaintiff, an engineer employed by the City of Monrovia Fire Department (“CMFD”), alleges that during a party attended by CMFD employees in December 2021, his image was used in a game of pin the tail on the donkey. (FAC ¶7.) Plaintiff reported the misconduct and agreed not to go through a formal investigation in exchange for departmental training on sexual harassment. (FAC ¶¶11-17.) The t...
2023.11.21 Motion to Deem RFAs Admitted, Compel Responses 827
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.21
Excerpt: ...NTED as to Defendant Duball. Defendant Duball is ordered to serve verified responses without objections to the FROGs within 30 days after the date of this order. Trial in this matter is set for January 27, 2025 at 9:30 a.m., final status conference is set for January 13, 2025 at 8:30 a.m. and post mediation status conference/general status conference is set for May 10, 2024 at 8:30 a.m. Moving party to provide notice to all parties in the litigat...
2023.11.21 Motion to Compel Responses 787
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.21
Excerpt: ...tions to the Special Interrogatories (Set One); Form Interrogatories (Set One) and Requests for Production (Set One) within 15 days after the date of this order. Sanctions in the amount of $2,164.23 are imposed jointly and severally on Sang Chun and Chun's attorney of record. Sanctions are payable within 15 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 th...
2023.11.21 Demurrer to FAC 372
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.21
Excerpt: ...n for summary judgment in a prior action and OVERRULED as to the allegations that Defendants overbilled Plaintiff. Coulson's Motion to Strike is GRANTED without leave to amend with respect to the billing issue and DENIED as moot with respect to the lost motion for summary judgment. Because Coulson and Epps did not join the motion to strike, this ruling applies to Coulson only. Defendants answers must be served and filed within 15 days after the d...
2023.11.17 Motion to Strike Punitive Damages 781
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.17
Excerpt: ...RANTED. Defendants are ordered to file and serve their answer within 10 days after the date of this order. The court sets a nonappearance review date of Re: Status of Defendants' Answer for December 21, 2023 at 8:30 a.m. 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 tortious breach of implied warranty of habitability, neglige...
2023.11.16 Motion to Set Aside Default Judgment 729
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.16
Excerpt: ...ys. Further dates will be set at the hearing. Moving party to provide notice. FACTUAL BACKGROUND This is an action for unlawful detainer. Plaintiff KR 6255 Sunset, LLC entered into a 10-year commercial lease with Defendant Kreation Juicery, Inc. on March 31, 2022. Plaintiff now seeks possession of the premises, past-due rent, attorney's fees, forfeiture of the agreement, interest, late fees, operating expenses, rent concessions, liquidated damage...
2023.11.16 Demurrer to FACC 184
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.16
Excerpt: ...swer to be filed and served within five days after the date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of contract arising from an agreement between Plaintiff Humanoids, Inc. (“Humanoids”) and Defendant Vagator Productions Sarl (“Vagator”) to publish Plaintiff's magazine. Plaintiff alleges that although it exercised its right to terminate their agreement, Vagator continues to contest Pla...
2023.11.15 Motion for Summary Judgment, Adjudication 137
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.15
Excerpt: ...r summary adjudication is GRANTED and DENIED as follows. 1 Age Discrimination (FEHA) Denied 2 Associational Age Discrimination (FEHA) Denied 3 Hostile Work Environment on the Basis of Age (FEHA) Denied 4 Retaliation for Engaging in Protected Activity (FEHA) Granted 5 Failure to Prevent Discrimination, Harassment and Retaliation (FEHA) Denied 6 Wrongful Termination of Employment in Violation of Public Policy Denied 7 Breach of Express Oral Contrac...
2023.11.15 Motion to Quash Subpoena for Production of Business Records 303
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.15
Excerpt: ... are awarded jointly and severally against Plaintiffs Zalfa Halaby, Charles Elkins and their counsel of record. Sanctions are payable within 10 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. The requested information is privileged. If it is not privileged, it is not subject to discovery pursuant to CCP Section 2017.210. Any matter t...
2023.11.14 Motion to Compel Responses 835
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.14
Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...
2023.11.13 Motion for Summary Judgment 309
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.13
Excerpt: ...Corp. is GRANTED. Proposed judgment is to be filed and served within 10 days after the date of this order. The Court sets a nonappearance date of for review of the proposed judgment. 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 medical malpractice arising from medical treatment Plaintiff received in February 2020. Plaintif...
2023.11.09 Motions to Set Aside Default and Change Venue 188
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.09
Excerpt: ...cessary to effectuate the change in venue will be set. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Discussion Code Civ. Proc., Section 397 provides, in pertinent part, as follows: “[t]he court may, on motion, change the place of trial in the following cases…(a) when the court designated in the complaint is not the proper court” or when “(c) when the conven...
2023.11.08 Motion for Summary Judgment, Adjudication 239
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.08
Excerpt: .... It is granted as to the cause of action for sexual battery and is granted as to the cause of action for sexual harassment as to the actions of Doe 5. The motion is otherwise denied. Moving party to provide notice. I. FACTUAL BACKGROUND This is an action for negligence, negligent hiring, negligent failure to warn, sexual battery, and sexual harassment. Plaintiff Brandon David alleges he suffered physical and sexual abuse committed by Doe 5, Bran...
2023.11.08 Motion for Attorney Fees 632
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.08
Excerpt: ...-Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Jerardo and Esmeralda Leon purchased a new 2019 Cadillac Escalade ESV (the “Subject Vehicle”) manufactured by Defendant General Motors, LLC. (Compl. ¶ 8.) The vehicle was sold with an express warranty. (Ibid.) Plaintiffs repeatedly authorized repair facilities to repair the vehicle, but they were unable to fix the Subject Vehicle. (Compl. ¶42.) Despite the numerous...
2023.11.07 Motion for Trial Preference 371
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.07
Excerpt: ...is order. FACTUAL BACKGROUND This is a dispute over the purchase of a rehabilitation treatment and sober living services provider. The Complaint alleges that Plaintiffs Montana Oasis, Inc. (“Montana”) and Villa Adventures, LP (“Villa”), sole partners of Sea Change Santa Monica, LP (“Operator”), sold Operator to Defendant Sea Recovery 2, LLC (“Recovery”) in June 2022 for cash payments to be made over 450 days under a Unit Purchase ...
2023.11.07 Demurrer 549
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.07
Excerpt: ...to discuss the issue of leave to amend the third cause 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 violations of Civil Code, sections 2923.6 and 2923.7. Plaintiff alleges that he owned the property located at 2240 Chelan Place, Los Angeles, CA 90068. (Compl., ¶1.) Plaintiff took out a mortgage loan against the p...
2023.11.03 Motion to Compel Arbitration and Stay Proceedings 128
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.03
Excerpt: ...Re: Status of Arbitration of Individual PAGA claims for April 24, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. I. FACTUAL BACKGROUND This is an action for violation of the California Private Attorneys General Act (“PAGA”) arising from alleged Labor Code violations. Plaintiff alleges that he was employed by Defendants between June and August 20...
2023.11.03 Motion for Summary Judgment 611
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.11.03
Excerpt: ...rgery under Defendant Kerlan's care on July 1, 2020. (Compl., ¶12.) After surgery, Plaintiff presented to Defendant Jung complaining of ankle pain. (Compl., ¶¶12-13.) Plaintiff underwent a second surgery on July 28, 2021 performed by the surgeon, Jung, and the anesthesiologist, Defendant Yamazaki. (Compl., ¶14.) Plaintiff was administered a nerve block prior to surgery which was supposed to have worn off the same day and did not. (Compl., ¶1...
2023.10.27 Motion to Compel Further Responses 475
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.27
Excerpt: ...o Requests for Admission, Set One is granted. Defendant Nazarian's Motion to Compel Plaintiff Niakan Family Partnership to provide further responses to Requests for Production, Set One is granted. Plaintiff Niakan Family Partnership shall provide further verified responses without objections (except for those based on attorney client or attorney work product privilege) within 15 days after the date of this order. If any objections are raised base...
2023.10.26 Motion to Compel Arbitration, Dismiss Representative PAGA Claims, Stay Proceedings 500
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.26
Excerpt: ... motion to stay proceedings is GRANTED. At the hearing, the Court will set a status date regarding arbitration. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. I. FACTUAL BACKGROUND This is an action for violation of the California Private Attorneys General Act (“PAGA”) arising from alleged Labor Code violations. Plaintiff alleges that she began working as a deliv...
2023.10.26 Motions to Deem RFAs Admitted, to Continue Trial 322
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.26
Excerpt: ...r fraud, defamation, and wrongful eviction arising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed from their Santa Clarita residence executed in Arthur's favor durin...
2023.10.25 Motion for Summary Judgment, Adjudication 510
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.25
Excerpt: ...ction for sexual battery pertaining to Perpetrator 1's alleged abuse of Plaintiff at Perpetrator 1's home while Perpetrator 1 was babysitting Plaintiff and DENIED as to the remaining causes of action and DENIED as to the cause of action for sexual battery pertaining to Perpetrator 1's alleged abuse of Plaintiff while he was a teacher at Plaintiff's school. Moving party to give notice. I. FACTUAL BACKGROUND This is an action for negligence, neglig...
2023.10.25 Demurrer, Motion to Strike 835
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.25
Excerpt: ... Motion to Strike is DENIED as to punitive damages and GRANTED as to attorney's fees. The ruling with respect to attorney's fees applies to Moving Defendants only. Plaintiff should be prepared to argue the issue of leave to amend with respect to attorney's fees. 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 failure to disclos...
2023.10.24 Motion to Compel Further Responses 301
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.24
Excerpt: ...ED. Defendant is ordered to serve verified further responses without objections within five days after the date of this order. The Court imposes sanctions in the amount of $400 jointly and severally on Defendant and Defendant's counsel of record. 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 ...
2023.10.24 Motion for Attorney Fees 354
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.24
Excerpt: ... This is an action brought under the Song-Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Crecencio Rodriguez (“Crecencio”) and Neyla Rodriguez (“Neyla,” together with Crecencio, “Plaintiffs”) purchased a new 2016 Ford Explorer (the “Subject Vehicle”) manufactured by Defendant Ford Motor Company (“Ford”). (Compl. ¶ 9.) The vehicle was sold with an express warranty. (Ibid.) Plaintiffs repeatedly bro...
2023.10.19 Motion to Compel Depositions 719
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.19
Excerpt: ...position of Christopher Lopez is GRANTED. Plaintiff is ordered to appear for deposition within 15 days after the date of this order. Sanctions in the amount of $1,425.25 are imposed and are payable within 60 days after the date of this order. County's motion to compel the deposition of Renee Lemos 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 BAC...
2023.10.19 Motion to Compel Deposition of PMQ 983
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.19
Excerpt: ..., 16, 17, and 18 as set forth below and DENIED as to the remaining categories. The PMQ must be produced on or before October 30, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Brian Guadalupe Magallanes and Patricia Rodriguez allege that in March 2020, they purchased a 2020 Chevrolet Silverado 1500 from Defendant. Plaintiffs received an express written warranty in which Defendant undertook to prese...
2023.10.19 Demurrer, Motion to Strike 306
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.19
Excerpt: ..., Plaintiff must file and serve such a complaint within 30 days after the date of this order. The CMC is continued to January 31, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within 30 days after the date of this order. FACTUAL BACKGROUND This is an action for fraud and breach of contract arising from Plaintiff's purchase of a vehicle from Defendant. Plaintiff alleges that on October 31, 2022, she p...
2023.10.18 Motion to Compel Responses, for Sanctions 079
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.18
Excerpt: ...cific Eurotex Corp. (Defendant) and others. The complaint alleges breach of lease, conspiracy, negligence, declaratory relief, and violation of Business and Professions Code section 17200. On June 27, 2023, Plaintiff served Defendant with the form interrogatories at issue. Defendant has yet to provide verified responses to the form interrogatories. On September 12, 2023, Plaintiff filed this motion to compel discovery responses to the form interr...
2023.10.18 Motion to Compel Further Responses 074
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.18
Excerpt: ...for admission, set one is GRANTED. Plaintiff must serve verified further responses without objections within 15 days after the date of this order. Sanctions in the amount of $980 are imposed jointly and severally on Plaintiff and Plaintiff's Counsel of Record. 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 race discrimination, disab...
2023.10.18 Motion to Compel Deposition of PMQ 983
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.18
Excerpt: ...maining categories. The PMQ must be produced on or before October 30, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Brian Guadalupe Magallanes and Patricia Rodriguez allege that in March 2020, they purchased a 2020 Chevrolet Silverado 1500 from Defendant. Plaintiffs received an express written warranto in which Defendant undertook to preserve or maintain the utility or performance of the vehicle. ...
2023.10.18 Motion for Summary Judgment, Adjudication 683
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.18
Excerpt: ...of action, except for (1) the sixth cause of action and (2) the request for punitive damages on which summary adjudication is GRANTED. Moving party to provide notice. I. FACTUAL BACKGROUND This is an action for disability discrimination, failure to provide reasonable accommodations, failure to engage in the interactive process, retaliation, intentional infliction of emotional distress, wrongful termination, violation of Labor Code, section 1102.5...
2023.10.17 Demurrer to SAC 404
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.17
Excerpt: ...the hearing, the date for filing a third amended complaint (no new causes of action may be added without leave of the court) will be discussed given the demurrer hearing scheduled for January 30, 2024. 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 to set aside sale, for fraud, for constructive fraud, for breach of duty of good fa...
2023.10.17 Motion to Compel Disclosure of Police Records 211
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.17
Excerpt: ...y as set forth below. Defendant City of El Monte should be prepared to discuss whether with respect to third category of items, records as to overtime pay, there will be responsive items in the personnel records of Captain Luna. Defendant City of El Monte should be prepared to discuss the issue identified below with respect to the fourth category. A further in camera review date will be set at the hearing. A court reporter must be provided at tha...
2023.10.17 Motion for Leave to File FAC 468
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.17
Excerpt: ...nt's counsel) within three days after the date of this order. Defendant is ordered to file and serve an answer or other responsive pleading within 30 days after the date of this order. The Court sets an OSC Re: Dismissal for Failure to File Proof of Service/Failure to Enter Default as to Cross-Defendant Ricardo Mosqueda is set for November 15, 2023 at 8:30 a.m. Moving party to give notice and to file proof of service of such notice within five co...
2023.10.17 Motion to Expunge Lis Pendens 270
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.17
Excerpt: ...ndant Joseph and Patricia Catallo Family Trust has not filed an answer or other responsive pleading to the First Amended Complaint filed on April 3, 2023. Defendant Joseph and Patricia Catallo Family Trust's Motion to Expunge Lis Pendens is DENIED. FACTUAL BACKGROUND This is an action for breach of contract, fraud, negligent misrepresentation, intentional interference with contract, and unlawful competition arising over a dispute over the purchas...
2023.10.13 Motion to Approve Proposition 65 Settlement and Judgment 942
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.13
Excerpt: ...he parties are ordered to appear at the hearing (remotely or in person) to set a continued hearing date. Moving party to provide notice. FACTUAL BACKGROUND This is an action for civil penalties and injunctive relief to enforce Health & Safety Code § 25249.6 et seq. Plaintiff Berj Parseghian (“Plaintiff”) brings this action in the public interest of the citizens of the State of California. Defendant JFC International, Inc. manufactures, distr...
2023.10.13 Motion for Assignment Order 893
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.13
Excerpt: ...GMENT DEBTOR Mahmoudiani's motion for an assignment order and an order restraining judgment debtor is granted. Mahmoudiani is directed to file a new proposed order indicating the maximum amount of the commissions to be assigned. The new proposed order must be filed on or before October 18, 2023. The Court sets a nonappearance review date of October 23, 2023 at 8:30 a.m. to review the proposed order. Moving party to provide notice and to file proo...
2023.10.12 Motion to Set Aside Dismissal, to Strike 042
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.12
Excerpt: ... DENIED. Defendant's motion for a prefiling order is GRANTED. Defendant is ordered to file a proposed form VL-100 within three days after the date of this order. The Court sets a nonappearance review date of the form VL-100 for October 19, 2023 at 8:30 a.m. Defendant 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, neglig...
2023.10.12 Motion to Compel Arbitration 823
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.12
Excerpt: ...s conference regarding arbitration. Moving party to give notice. FACTUAL BACKGROUND This is an action for medical negligence arising from treatment Plaintiff Elisa Ester Vargas received for her right toe at Kaiser Permanente/Southern California Permanente Medical Group. PROCEDURAL HISTORY On May 20, 2022, Plaintiffs Louis Juarez and Elisa Ester Vargas filed their Complaint against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation ...
2023.10.12 Anti-SLAPP Motions 042
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.12
Excerpt: ...With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action based upon the filing of the Interpleader Action. The Director Defendants' motion is DENIED with respect to all causes of action except for the ninth cause of action. With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action bas...
2023.10.11 Motion to Disqualify Counsel 582
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.11
Excerpt: ...d Complaint alleges that Plaintiff and Defendant agreed to form a partnership to purchase property. Defendant engaged in self-dealing by occupying the property and paying no rent, refusing to disclose financial information, and excluding Plaintiff from all business activities and decisions. PROCEDURAL HISTORY On August 23, 2023, Plaintiff filed the instant motion to disqualify counsel. DISCUSSION Plaintiff moves to disqualify John Oh, Counsel for...
2023.10.11 Motion to Compel Responses, to Deem RFAs Admitted 309
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.11
Excerpt: ...ZARIAN, M.D. AND MICHAEL AARON LALEZARIAN, M.D. CORP. Defendants Michael Aaron Lalezarian and Michael Aaron Lalezarian Corp.'s motions to compel discovery and to deem requests for admissions admitted (eight motions in total) are granted. With respect to the discovery requests which are not requests for admissions, Plaintiff is ordered to provide verified responses without objections within 30 days after the date of this order. The Court imposes s...
2023.10.11 Motion for Attorney Fees 546
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.11
Excerpt: ...eges as follows. Plaintiff John Brosnan (“Plaintiff”) and defendants RHS Surani Inc. (“RHS”) and Salima Surani (“Surani” and together, “Defendants”) rent commercial space in neighboring properties. (Compl. ¶ 13.) On May 26, 2019, Plaintiff parked his trailer in a neighboring parking lot within view of Defendants' security cameras. (Compl. ¶ 14.) Surani called a contractor doing work on the Property and informed him that she was ...
2023.10.10 Motion for Terminating Sanctions 566
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.10
Excerpt: ...f $1,800 are awarded jointly and severally against Plaintiff and Plaintiff's Counsel of Record. Sanctions are payable within 15 days after the date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for declaratory relief, contractual breach of good faith and fair dealing, an accounting, unfair business practices, rescission, breach of fiduciary duty, and injunctive relief arising from a loan Plaintiff entered int...
2023.10.10 Motion to Compel IME 683
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.10
Excerpt: ...for sanctions is DENIED. Moving party to give notice immediately. FACTUAL BACKGROUND This is an action for disability discrimination, failure to provide reasonable accommodations, failure to engage in the interactive process, retaliation, intentional infliction of emotional distress, wrongful termination, violation of Labor Code, section 1102.5, unfair business practices, and negligent supervision. Plaintiff Thomas Weeks alleges that we was emplo...
2023.10.10 Motion to Reconsider 850
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.10
Excerpt: ...le proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. On October 12, 2012, Plaintiffs Lisa Acrond (“Acrond”) and Margie Armstead (“Armstead”) purchased a 2012 Hyundai Elantra with an express written warranty from Defendant Hyundai Motor America (“Hyundai”)'s authorized dealership South Bay Hyundai. (Compl. ¶¶ 6-7.) Defe...
2023.10.05 Motion to Compel Responses 746
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.05
Excerpt: ...ve notice. FACTUAL BACKGROUND This is an action for breach of contract. Plaintiff Westlake Services, LLC alleges that it entered into a contract with Defendant Hitham Ahmed to sell a vehicle to Ahmed. Ahmed failed to make payments as required by the parties' contract. PROCEDURAL HISTORY On August 27, 2020, Plaintiff Westlake Services, LLC filed its Complaint against Defendant Hitham Ahmed dba Inline Auto Sale, Inc. On November 18, 2021, Defendant...
2023.10.05 Demurrer 786
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.05
Excerpt: ...y, tortious breach of implied warranty of habitability, and negligence. Plaintiff Briana Jocelyn Garcia-Nava alleges that she resided at a rental property located at 1148 E. 80th St., Los Angeles, CA 90001 and owned by Defendant Saenz LLC. Defendants Nelson A. Saenz Claros and Antonia Elizabeth Reyes Mejia are members and managers of Saenz LLC. Plaintiff alleges that Defendants failed to install a working heater and carbon monoxide alarms in her ...
2023.10.03 Motion to Deem RFAs Admitted, for Sanctions 384
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.03
Excerpt: ...tions is GRANTED. The request for sanctions is granted. Sanctions in the amount of $1,345 are imposed on Defendant and are due within 20 days after the date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is a lemon law action. Plaintiff alleges that in 2015, she purchased a 2015 Chevrolet Silverado from Defendant. The vehicle suffered nonconformities with the HVAC, engine, lifters, camshaft, steering control module, brake ...
2023.10.03 Motion to Compel Responses 746
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.03
Excerpt: ...n for breach of contract. Plaintiff Westlake Services, LLC alleges that it entered into a contract with Defendant Hitham Ahmed to sell a vehicle to Ahmed. Ahmend failed to make payments as required by the parties' contract. PROCEDURAL HISTORY On August 27, 2020, Plaintiff Westlake Services, LLC filed its Complaint against Defendant Hitham Ahmed dba Inline Auto Sale, Inc. On November 18, 2021, Defendant filed his answer. On November 18, 2021, Defe...
2023.10.03 Demurrer 786
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.10.03
Excerpt: ...z's demurrer is OVERRULED. Moving party to give notice. FACTUAL BACKGROUND This is an action for breach of implied warranty of habitability, tortious breach of implied warranty of habitability, and negligence. Plaintiff Briana Jocelyn Garcia-Nava alleges that she resided at a rental property located at 1148 E. 80th St., Los Angeles, CA 90001 and owned by Defendant Saenz LLC. Defendants Nelson A. Saenz Claros and Antonia Elizabeth Reyes Mejia are ...
2023.09.29 Motions to Compel Arbitration and Stay Proceedings 594
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.29
Excerpt: ...ED. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of contract, accounts stated, reasonable value, and enforcement of mechanic's lien release bond. Plaintiff Universal Pipeline, Inc. (“UPI”) alleges that on October 25, 2021, Elite Earthworks & Engineering (“Elite”) entered into written agreements (“subcontract”) with UPI to provide all labor, materials, equipment, and services to install underground ut...
2023.09.29 Motion for Leave to Amend SAC, for Summary Judgment 967
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.29
Excerpt: ...merica without prejudice. Due to the Court being dark, the dismissal was entered on September 18, 2023. On September 19, 2023, both Plaintiff and Defendant Bank of America appeared in Court. Two motions had been set for hearing that day, a motion for summary judgment filed by Bank of America and a motion for leave to file a second amended complaint to add a cause of action against Bank of America to the complaint. At that time, the Court noted th...
2023.09.28 Demurrer to FAA 426
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.28
Excerpt: ...m Levi is OVERRULED. Moving party to give notice. 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 Property”). Plaintiffs allege Defendants T.N.L. Construction Inc. (“T.N.L. Construction”), and TNL Renovation Inc. (“TNL Renovation”), to whom T.N.L. Construction assigned its rights and duties ...
2023.09.27 Motion to Confirm Arbitration Award 821
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.27
Excerpt: ...alleges as follows. In 2019, Plaintiff Somesh Roy (“Roy”) and Defendants Vartan Akopyan (“Akopyan”) and Neighborhood Home Health Care, Inc. (“NHHC”) entered into an agreement whereby Roy would sell his entire interest (100%) in NHHC to Akopyan for $275,000, payable in specific installments. (Compl. ¶¶ 11-12.) Roy received the first payment of $100,000 but not the installment due on September 30, 2019, which makes the entire balance ...
2023.09.27 Motion for Summary Judgment 719
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.27
Excerpt: ...ty, negligent supervision, negligent infliction of emotional distress, public nuisance, and professional negligence. Plaintiffs Renee Lemos and Christopher Lopez Jr., by and through his guardian ad litem Rene Lemos, allege that in December 2019, the Office of Environmental Health and Safety notified Plaintiffs that the drinking water coming from water fountains at Lopez's school contained unsafe levels of lead. (SAC ¶¶21-24.) On December 12, 20...
2023.09.27 Motion for Protective Order 074
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.27
Excerpt: ...enial of reasonable accommodations, failure to engage in the interactive process, intentional infliction of emotional distress, failure to pay overtime wages, failure to prove and rest breaks, failure to provide itemized statement to employee, violation of labor code section 206.5, and violation of CFRA/FMLA leave rights. Plaintiff Tamika Youngblood alleges that she was employed with the County of Los Angeles (“County” erroneously sued as Dep...
2023.09.26 Motions to Compel Further Responses 546
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.26
Excerpt: ...DILLON AND SNI Plaintiff's Motion to Compel Defendant Sound Nutrition, Inc.'s Further Response to Requests for Production (Set Two) is GRANTED in part and DENIED in part. Defendant Sound Nutrition Inc. is ordered to provide supplemental responses to Request Nos. 16 and 17, any responsive documents and a privilege log if needed within 25 days after the date of this order. Plaintiff's Motion to Compel Defendant Dillon's Further Response to Request ...
2023.09.26 Motion for Financial Discovery, for Protective Orders, for Sanctions 826
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.26
Excerpt: ...mitting pretrial discovery of Defendants' financial condition is GRANTED. Defendants Stephen Copen, Naghmeh Makhani, and 611 Gayley Avenue, Los Angeles 90024's motion for a protective order is DENIED. Moving parties to provide notice. FACTUAL BACKGROUND This is an action for unlawful entry, wrongful eviction, constructive eviction, tenant harassment, breach of contract, breach of the covenant of quiet enjoyment, negligence, false imprisonment, pr...
2023.09.19 Motion for Determination of Good Faith Settlement 546
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.19
Excerpt: ...DRICH & ROSATI, ROBERT KORNEGA, AND ZACHARY MYERS The application for determination of good faith settlement filed by Defendants Wilson Sonsini Goodrich & Rosati, Robert Kornega, and Zachary Myers is GRANTED. At the hearing, an OSC Re: Dismissal must be set with respect to the three defendants who have settled. At the hearing, the parties should be prepared to discuss the impact on this application of the naming of two Doe defendants on August 25...
2023.09.19 Demurrer to FAC 868
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.19
Excerpt: ... The parties should be prepared to discuss the issue of leave to amend. Moving party to give notice. FACTUAL BACKGROUND This is an action for sexual battery, sexual assault, negligent, negligent supervision, and intentional infliction of emotional distress arising from a sexual assault which is alleged to have taken place in March 2016. Plaintiff alleges that Defendant Tremain Aldon Neverson, aka Trey Songz, sexually assaulted her during a party ...
2023.09.19 Motion to Compel Further Responses 447
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.09.19
Excerpt: ...ive documents and supplemental responses must be produced within 10 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 This is a lemon law case. Plaintiff alleges that in July 2013, she entered into an agreement with Defendant to purchase a 2012 Chevrolet Sonic vehicle which included an express written warranty. Durin...
2023.08.30 Motion for Summary Judgment, Adjudication 940
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.30
Excerpt: ...zar, Marc Salazar, and Shaun Workman are GRANTED. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is an action for discrimination, failure to accommodate, and failure to engage in an interactive process in violation of FEHA arising from a COVID vaccine policy implemented in September 2021. Plaintiffs Joe Cardenas, Shawn Workman, Angel Frias, Jared Gilmore, Juan Romo, Leopoldo Gil, Aaron Gray, Ma...
2023.08.28 Motion to Compel Discovery, Deem RFAs Admitted 113
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.28
Excerpt: ...ogatories (set one) and request for production and motion to deem request for admission (set one) admitted are denied as moot. ADP Inc.'s requests for sanctions are granted. Sanctions in the amount of $1,545 are imposed jointly and severally on Plaintiff and Plaintiff's Counsel of Record. Sanctions are 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 court days...
2023.08.25 Motion to Compel Arbitration 453
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.25
Excerpt: ...ght under the Fair Employment and Housing Act (“FEHA”). The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Rodrigo Sanguino (“Plaintiff”) was hired by Defendant Copart, Inc. (“Copart”) in September, 2000. (FAC ¶ 11.) In the latter part of his employment with Copart, Plaintiff was diagnosed with a debilitating mental disability that required him to take a medical leave. (FAC ¶ 15.) Between 2015 and 2019 P...
2023.08.25 Motion for Leave to File FACC 184
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.25
Excerpt: ...te of this order. Humanoids must file an answer or other responsive pleading within twenty days after service of the first amended cross-complaint. All discovery and motion cutoff dates remain based on the September 26, 2023 trial date, except that Humanoids' cutoff date to conduct discovery and file motions relating to the new cause of action brought in the first amended cross-complaint is based on the new trial date. If any witness previously d...
2023.08.25 Demurrer 821
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.25
Excerpt: ...mplaint, they are ordered to do so within 20 days after the date of this order. Defendants are ordered to file an answer or other responsive pleading within 20 days after service of any first amended complaint. The stay is lifted. 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 professional negligence arising from legal represe...
2023.08.24 Motion to Strike Punitive Damages 101
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.24
Excerpt: ...ded complaint, they must do so within 20 days after the date of this order. Defendants must file and serve an answer or other responsive pleading within 20 days after service of any amended complaint. The Motion to Strike Treble Damages under Civ. Code, section 3345 is GRANTED without leave to amend. 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 T...
2023.08.24 Motion to Consolidate 510
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.24
Excerpt: ...the date of this order. FACTUAL BACKGROUND This is an action for negligence, negligent hiring, failure to warn, sexual battery, and sexual harassment arising from sexual abuse which began in approximately 1989. (Compl., ¶¶4, 59.) Plaintiff alleges that she suffered sexual abuse between the ages of 6 and 14 from Perpetrator 1 who babysat Plaintiff and children belonging to their church. (Compl., ¶59.) Plaintiff's reported the perpetrator to Doe...
2023.08.22 Motion to Compel Responses, for Sanctions 582
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.22
Excerpt: ...Request for Production (Set Two) within 10 days after the date of this order. The request for sanctions is granted. Sanctions in the amount of $460 are imposed jointly and severally against Plaintiff and Plaintiff's Counsel of Record. Sanctions are due within 10 days after the date of this order. Moving party is 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...
2023.08.18 Motion for Preliminary Injunction, Appointment of Receiver 371
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.18
Excerpt: ...ng, the parties must discuss the Plaintiffs' undertaking, the receivers' undertaking, and the terms of the proposed order. Moving party to give notice. FACTUAL BACKGROUND This is a dispute over the purchase of a rehabilitation treatment and sober living services provider. The Complaint alleges that Plaintiffs Montana Oasis, Inc. (“Montana”) and Villa Adventures, LP (“Villa”), sole partners of Sea Change Santa Monica, LP (“Operator”), ...
2023.08.18 Motion to Set Aside Default 566
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.18
Excerpt: ...he date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for declaratory relief, contractual breach of good faith and fair dealing, an accounting, unfair business practices, rescission, breach of fiduciary duty, and injunctive relief arising from a loan Plaintiff entered into in April 2018. Plaintiff alleges Defendants illegally, deceptively, or unjustly qualified Plaintiff for a loan which Defendants knew or sh...
2023.08.18 Motion to Compel Responses, for Sanctions 582
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.18
Excerpt: ...Request for Production (Set One) within 10 days after the date of this order. The request for sanctions is granted. Sanctions in the amount of $460 are imposed jointly and severally against Plaintiff and Plaintiff's Counsel of Record. Sanctions are due within 10 days after the date of this order. Moving party is 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...
2023.08.17 Motion for Reconsideration 210
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.17
Excerpt: ...um wages, non-compliant wage statements, wages not timely paid upon termination, failure to provide seating, PAGA, and violation of Bus. & Prof. Code, section 17200 arising from disputes over Plaintiffs' employment with O'Reilly Automotive Stores, Inc. PROCEDURAL HISTORY Plaintiff Robert E. Owens originally filed his complaint in December 2011. Later, Raul Michael Pedroza succeeded Owens as Plaintiff and PAGA representative in the Second Amended ...
2023.08.17 Motion for Judgment on the Pleadings 151
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.17
Excerpt: ...the third, fifth and sixth causes of action. Defendant LA Care's motion for judgment on the pleadings is GRANTED as to the fourth cause of action without leave to amend. Defendant LA Care's motion for judgment on the pleadings is DENIED as to the seventh and eight causes of action without leave to amend. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of implied-in-law and implied-in-fact contract, open account, th...
2023.08.17 Demurrer 669
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.17
Excerpt: ... as to the eight and ninth causes of action. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of implied-in-law and implied-in-fact contract, open account, third party beneficiary claims, breach of the covenant of good faith and fair dealing, and declaratory judgment arising from a dispute over payment for medical treatment Plaintiffs performed on Defendant's insured members. PROCEDURAL HISTORY Plaintiffs Prime Heal...
2023.08.16 Motion to Quash Service of Summons 061
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.16
Excerpt: ...licious prosecution, to quiet title, fraud, rescission, unlawful and unfair business practices, and unjust enrichment. Plaintiff also seeks an equitable set aside of foreclosure. Plaintiff Montano Investments alleges that Defendant Marc Mendez defrauded Plaintiff of its property by forging its president's signature on a promissory note and fraudulently foreclosing on the subject property. PROCEDURAL HISTORY Plaintiff filed its complaint against D...
2023.08.16 Motion for Preliminary Injunction 940
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.16
Excerpt: ...e Fair Employment Housing Act (“FEHA”), failure to accommodate in violation of the FEHA, and failure to engage in interactive process in violation of the FEHA. Plaintiffs Jose Cardenas, Shawn Workman, Angel Frias, Jared Gilmore, Juan Romo, Leopoldo Gil, Aaron Gray, Marc Salazar, Sergio Salas, Branden Hamada, Harold Salazar, Clifford Herrera, Sally Moctezuma, Andrea Magana, Jose Avalos, Donyann Morgan, Christopher Moreno, Shaun Luciano, Cheron...
2023.08.15 Motion for Leave to File First Supplemental and SAC 233
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.15
Excerpt: ...dants are ordered to file an answer or other responsive pleading with 15 days after service. Moving party to provide notice. FACTUAL BACKGROUND This is an action for harassment on the basis of sex and/or gender and failure to prevent discrimination, harassment, or retaliation. Plaintiff, an engineer employed by the City of Monrovia Fire Department (“CMFD”), alleges that during a party attended by CMFD employees in December 2021, his image was...
2023.08.11 Motion to Serve Secretary of State 090
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.11
Excerpt: ...dat, Inc. is DENIED. In the future, Plaintiff should use the procedures set forth in LASC LACIV 221 at paragraph 2, Section 1. Moving party to provide notice. FACTUAL BACKGROUND This is an action for recovery of a security deposit. The Complaint alleges as follows. Plaintiff Unis, LLC (“Plaintiff”) agreed to sublet commercial space from Defendants Seldat Distribution, Inc. and Seldat, Inc. (together, “Seldat”). (Compl. ¶ 7.) Plaintiff re...
2023.08.11 Motion for Court Trial 973
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.11
Excerpt: ...ty Falco and Josephine Nefsky (“Josephine”) inherited from their mother, Theresa Ruth di Ghilini (“Theresa”). Plaintiff seeks a constructive trust, imposition of the trust, and accounting. Plaintiff alleges that in 1966, Theresa approached her with a quitclaim deed transferring the property to Theresa so that she could refinance the property and replace title to Plaintiff. (FAC ¶12.) Plaintiff signed the quitclaim deed. (FAC ¶12.) There...
2023.08.09 Motion to Dismiss 827
Location: Los Angeles
Judge: Feeney, Jill
Hearing Date: 2023.08.09
Excerpt: ...tion. Defendant is ordered to file the proof of service in advance of the hearing date and to appear at the hearing either remotely or in person. 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 defamation and harassment. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Juliana Payne (“Plaintiff”) is...

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