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2023.04.03 Motion for Summary Judgment 927
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.04.03
Excerpt: ... Gayane Ambartsumyan; Jonathan Christian Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan; Michael Andrew Terpanjian, a Minor, by and through his Guardian ad Litem, Gayane Ambartsumyan. August 22, 2023 (1) Defendant, Eric J. Castleman, M.D. and COR Healthcare Medical Associates' Motion for Summaty Judgment (2) Defendant, Ankush K. Chhabra, M.D.'s Motion for Summary Judgment (3) Defendant, Torrance Memorial Medical Ce...
2023.03.30 Motion to Quash Subpoena, Compel Deposition 924
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.30
Excerpt: ...ry 14, 2019, Plaintiff filed this bodily injury action agamst Defendants. Plaintiffs action is a products liability case in which he alleges he suffered a traumatic brain injury resulting in loss of income and permanent loss of earning capacity. In response to Form Interrogatories, Plaintiff disclosed the identity of Larry Pitkin ("Mr. Pitkin") as a witness who Will support his loss of income claim. Nautilus, Inc. ("Defendant) personally served M...
2023.03.30 Motion for Summary Judgment, Adjudication 671
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.30
Excerpt: ... the alternative, Summary Adjudication, is DENIED without prejudice to being re-field with Code- compliant original Ps and As. On September 25, 2020, Vatche Cabayan ("Plaintiff) filed a complaint against Petri Entertainment LLC and Warner Davis (collectively "Defendants" for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declaratory relief. On December 22, 2020, plaintiff filed a FAC for (1) breach ...
2023.03.30 Motion for Protective Order 082
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.30
Excerpt: ...e offer by Plamtiffs counsel to depose the Defendants in Palm Desert near their residence where, per defense counsel, they currently reside. Plamtiff filed the Complaint on Februaty 3, 2022. Plaintiff alleges that he and Defendant Alan Boeke were both shopping at a Vons market in Manhattan Beach when they had an argument inside the store. The Complaint further alleges that when Plaintiff exited the store, Defendant Boeke, who was already in his v...
2023.03.29 Motion to Quash Subpoenas, for Monetary Sanctions 631
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.29
Excerpt: ...urt will hear arguments as to whether the SDT court be ordered modified such that it is made clear to the Ävo banks that only the signature cards for the two specified accounts are bemg sought, and/or that social security numbers must be redacted. But first, Plamtiffwill need to clarify the legitimate discoverable purpose of the signature cards (2) Denied Plamtiffs Dinesh Bharat and Prachi Bharat ("Plaintiffs") allegedly worked as property manag...
2023.03.29 Motion to Compel Arbitration and Stay Proceedings 602
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.29
Excerpt: ...ord Motor Company, Case No. 8312261ü 1. FACTUAL BACKGROUND On April 1, 2021, Plaintiff Paula Watts ("Plaintiff') alleges that she purchased a used, certified pre-owned 2020 Nissan Altima (the 'Vehicle") and that she entered into an express written contract with Defendant Nissan North America, Inc. ("Nissan") for a new vehicle limited warranty. Plaintiff alleges that the Vehicle has a certain transmission defect Plaintiff further alleges that she...
2023.03.28 Motion to Deem RFAs Admitted 547
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.28
Excerpt: ... 1 to Defendant Jamie Lu Dominguez Admitted (1) DENIED as to Motion to Deem Requests for Admission Set 1 to Defendant Heather Seyfert (2) DENIED as to Motion to Deem Requests for Admission Setl to Defendant Jamie Lu Dominguez Admitted 1. FACTUAL BACKGROUND FOR BOTH MOTIONS On approximately September 14, 2018, Plaintiff Erica H. Leventhal ("Plaintiff') alleges that she was injured while undergoing physical therapy and that Defendants Physiotherapy...
2023.03.28 Demurrer to FAC 913
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.28
Excerpt: ...aintiffs First Amended Complaint (1) SUSTAINED; without leave to amend. This action arises out of an alleged fraud committed agamst Elbashier Kheir ("Plaintiff') who responded to an advertisement by Bon Hoa Patrice ("Defendant Patrice") for a housing rental in April of 2022. (First Amended Complaint, hereinafter, "FAC", 10). Defendant Patrice instructed Plaintiff to deposit bvo separate deposits of $2,000 to be made into tvvo Wells Fargo bank acc...
2023.03.24 Motion to Compel Arbitration 392
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.24
Excerpt: ...BIM Operating Agreement as to causes of action 1-4 and 11, which fall within the ambit of the BIM Operating Agreements ADR clauses beö.veen signatories to that Agreement. Neither side has refused to mediate as the Court reads the exchanges of emails among counsel in the days just before this motion was filed. Causes of action 5-10 appear to be reassertions of creditors claims filed by non-signatories in the currently pending probate case, and ap...
2023.03.24 Demurrer, Motion to Remove Mechanic's Lien and Expunge Notice of Pending Action 941
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.24
Excerpt: ...Lien and Expunge Notice of Pending Action (1) Defendants Demurrer to Plaintiffs Complaint is SUSTAINED unth 20 days Leave to Amend (2) The Motion to Remove the Mechanics Lien and Expunge the Lis Pendens is GRANTED, without prejudice to being reasserted once the pleading defects are corrected On October 12, 2022, Plaintiff, Morley Construction Company filed a complaint against PCL Construction Services, Inc. ("PCL"), Fidelity and Deposit Company o...
2023.03.23 Motion to Establish Admissions, for Monetary Sanctions 137
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.23
Excerpt: ...ENIED as to Defendant Global United Solutions, Inc. The corporation has not validly appeared in this case because the Answer filed on behalf of the individual and the corporation was submitted and signed exclusively by Mr. Silva in per, but corporations are required to be represented by counsel in order to lawfully appear in California courts. Therefore, the corporation was not properly sewed by mail With the RFAs since there is no lawful appeara...
2023.03.23 Demurrer, Motion to Strike 066
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.23
Excerpt: ...eave to Amend as to four of the five causes of action, without leave to amend as to the fifth (2) Defendants Motion to Strike Plaintiffs Complaint is mooted On November 1, 2022, Plaintiff, Mauricio E. Valencia ("Plaintiff') filed a Complaint agamst Defendants, Bank of America N.A., Ruben Curhuamaca, and Sogla and Associates, Inc.. The Complaint alleges causes of action for: (1) Fraud; (2) Money Wire Fraud; (3) Breach of Fiduciary Duties; (4) Negl...
2023.03.16 OSC Re Contempt 166
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.16
Excerpt: ... Contempt (1) Granted. The Court Sets a Hearing in 30 days on the Order to Show Cause re Contempt, with the intention of giving Mr. Duncan the intewening four weeks to prepare and submit the Court-ordered Concept Plan for removal of the encroachments as a fact in mitigation of what appears to be a conscious and deliberate disregard for a lawful order of the Court Waiting for Mom to pass away is nota sufficient excuse for further delay in addressi...
2023.03.15 Special Motion to Strike 435
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.15
Excerpt: ...TRIAL DATE: February 26, 2024 ¿¿ MOTION:¿ (1) Plaintiff's Special Motion to Strike Defendant, Chi Hsin Impex, Inc.'s Cross- Complaint (2) Plaintiff's Special Motion to Strike Defendant Big 5 Corp's Original Cross- Complaint ¿ Tentative Rulings: (1) The anti-SLAPP motion as to Chi Hsin Impex is denied. ¿ (2) The anti-SLAPP motion as to Big 5 is mooted by Big 5's filing of its First Amended Cross-Complaint before the anti-SLAPP motion was file...
2023.03.15 Demurrer 128
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.15
Excerpt: ...� Plaintiff filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a Defendant and a subject property located at 8525 S Sepulveda Blvd., Los Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. have no relation to Dasho II, LLC or to the aforementioned subject property. Defendants assert that this confusion began as a result of this mistake made by the Plaintiff himself. Plaintiff has since filed a Fir...
2023.03.14 Demurrer to SAC 715
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.14
Excerpt: ...Second Alleged Causes of Action without leave to amend. As to the Third Cause of Action, the Court will consider one final attempt to amend as discussed below. The Court strongly encourages the parties and especially counsel to consider a refund- based settlement before engaging in another round of pleading motions. The Court is mindful that depositions are scheduled to occur the day after this hearing and the Court is NOT inclined to consider fu...
2023.03.13 Motion to Quash 510
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.13
Excerpt: ... individually ¿¿ TRIAL DATE: August 22, 2023 ¿¿ MOTION:¿ (1) Motion to Quash ¿ Tentative Rulings: (1) Grant, but if defense counsel will not agree to accept service on Mr. Rechnitz' behalf, the Court will consider a motion to serve by publication in light of plaintiff's reasonably diligent efforts to effect service at multiple addresses they found for him ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ ¿ On February 22, 2022, Plaintiff Barba...
2023.03.08 Motion for Summary Judgment 431
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.08
Excerpt: ...parte application to continue the MSJ hearing again, which the Court will entertain before oral argument on this Tentative Ruling I. BACKGROUND¿¿ A. Factual¿¿ ¿ Plaintiff Erin Hughes (“Plaintiff”) is the owner of property located at 2145 Rambla Pacifico in Malibu, California 90265 (the “Property”). Since the Property is in a brush fire zone, Plaintiff's only option for fire insurance was to purchase it from California Fair Plan (“C...
2023.03.07 Motion to Compel Further Responses 765
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.07
Excerpt: ...Granted, as detailed below. Responsive documents and a verified further response to be provided by March 31, 2023 ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual Plaintiff served Defendant with Requests for Production, Set Three. This discovery motion consisted of one request, Request No. 111, which requested: Please IDENTIFY and produce all DOCUMENTS submitted by YOU (Hyundai Motor America/HMA) to the National Highway Transportation [sic] Safety Admi...
2023.03.03 Motion for Leave to Amend Complaint 867
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.03
Excerpt: ...ACKGROUND¿ A. Factual¿ ¿¿ Plaintiff Rafael Torres filed First Amended Complaint (“FAC”) against defendants Technion Contractors TCI, Inc. (“Technion”), Suttles Plumbing, Inc. (“Suttles”), and Does 1 through 50, alleging one cause of action for negligence. The FAC alleges the following: defendants developed, built, or otherwise controlled Paseo Del Rey Elementary School at 7751 Paseo Del Rey, Playa Del Rey, CA 90293 (the “Propert...
2023.03.03 Demurrer 990
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.03
Excerpt: ...Factual¿¿ On October 24, 2022, Plaintiffs James Soroka and Lisa Soroka (collectively “Plaintiffs”) filed this complaint against Defendant, Bank of America, N.A. (“Defendant”). The complaint alleges causes of action for: (1) Violation of Civil Code § 2923.5; (2) Violation of Civil Code § 2924(a)(1); (3) Violation of Civil Code § 2923.6(c); (4) Violation of Civil Code § 2923.7; (5) Violation of Civil Code § 2924.9; (6) Violation of C...
2023.03.02 Motion to Compel Arbitration 253
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.02
Excerpt: ...� A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Maximo Marrufo (“Plaintiff”) against Defendant, Nissan North America, Inc. (“Nissan”), and DOES 1 through 10. The case arises out of Plaintiff's purchase of a 2019 Nissan Leaf (“Subject Vehicle”) from Gardena Nissan in Gardena, California. Plaintiff alleges that Nissan breached its warranty obligations as set forth in the “2019 Leaf Warranty Information Booklet�...
2023.03.02 Motion for Preliminary Injunction 253
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.02
Excerpt: ...intiff's verified Complaint ¶21 asserts an oral agreement by PPF to refrain from any foreclosure sale “until such time as the title issue was resolved either by court action or by the parties.” Were PPF to provide a declaration and/or exhibits bearing on whether there was any such agreement, and were plaintiff given fair opportunity to respond, the Court would then be in a better position to evaluate the likelihood of success on the merits a...
2023.03.01 Motion to Enforce Settlement Agreement 874
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.01
Excerpt: ...fter which the duty to file a release of the mechanics lien and the dismissal of all parties including Reg8Plaza would be triggered. The evidence before the Court is that the settlement payments were not made, a condition precedent to dismissing Reg8 and to releasing the mechanics lien. Given the withdrawal of BMI's motion to enforce, and its CMC statement indicating that the settlement had cratered, the Court will hear from Reg8 as to whether ev...
2023.03.01 Motion to Compel Compliance with Subpoean Duces Tecum, for Monetary Sanctions 682
Location: Los Angeles
Judge: Frank, Ronald
Hearing Date: 2023.03.01
Excerpt: ...22 (2) Request for Monetary Sanctions ¿ ¿ Tentative Rulings: (1) GRANTED. Moving party to discuss at the hearing which calls of the SDT remain outstanding so a suitable order can be crafted (2) Denied without prejudice ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ A. Factual¿¿¿ ¿¿¿ On May 24, 2017, Plaintiff Donald Green (“Plaintiff”) was working on a stand-up forklift at his place of employment at Lithographix, Inc. (“Lithographix”) when he al...

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