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2022.10.28 Motion to Dismiss Based Upon Lack of Personal Jurisdiction 321
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.10.28
Excerpt: ...ir Vent, Inc., DM (Asia) Limited, Powermax Electric Co., Ltd. Guangdong (as Doe 1), King of Fans, Inc. (as Doe 2), and Chien Luen Industries Co., Ltd. (as Doe 3) (collectively, “Defendants”), alleging the following facts. Pursuant to the terms of a policy of insurance, Plaintiff provided homeowners insurance to Connie and Jerry Deckelman (“Non-Party Insureds”). Non-Party Insureds purchased a ventilation fan from Defendant Air Vent, Inc., ...
2022.10.28 Motion to Compel Responses, Deem RFAs Admitted 940
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.10.28
Excerpt: ...��) brought this action against 6938 Laurel Canyon, LLC (“Laurel”), and Gidi Cohen (“Cohen”), alleging causes of action for: 1) Intentional Infliction of Emotional Distress; 2) Nuisance; 3) Violation of the Fair Housing and Employment Act; 4) Violation of Civil Code section 51.9; 5) Breach of the Covenant of Quiet Enjoyment; 6) Negligence; 7) Statutory Breach of the Warranty of Habitability (Civil Code secs. 1941 and 1941.1); 8) Tortious ...
2022.10.25 Motion for Summary Judgment 260
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.10.25
Excerpt: ... the Statement on Appeal. HISTORY: After the granting of a Summary Judgment and denying a consolidation, the Defendant filed an appeal in the Appellate Division of the Superior Court. The original judge, Hon. W. Stewart, has retired from the Superior Court. The matter was referred to this Court for the determination of a settled statement on appeal, and the current judge was only recently made aware of the referral from the Appellate Division. Be...
2022.10.18 Motion to Compel Further Responses 782
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.10.18
Excerpt: ...rrogatory 17.1(b) is granted. The Motion to Compel Further Responses to Interrogatory 17.1(d) is denied. No sanctions were sought nor issued. ALLEGATIONS: Plaintiffs Cathy Schlesinger (“Schlesinger”) and David Gaines (collectively, “Plaintiffs”) filed suit against Defendants Providence St. Joseph Medical Center, Nadia Jean Fakoory, M.D., Robin Solymanijam, M.D., Karo K. Arzoo, M.D., Woody Herman Jackson, M.D., Mariam Torossian M.D., and G...
2022.10.14 Motion to Compel Arbitration, to Dismiss Representative PAGA Action 008
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.10.14
Excerpt: ...rejudice, and the representative PAGA action is stayed. ALLEGATIONS: Herman Huynh (“Plaintiff”) filed suit against Atlas Assembly Inc. and GlenAir Inc. (“Defendants”) on October 2, 2019, alleging both individual and representative causes of action under the Labor Code Private Attorneys General Act (“PAGA”). Because Plaintiff's claim involves both representative and individual claims under PAGA, the parties stipulated to a stay of the ...
2022.10.07 Motion for Judgment on the Pleadings 526
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.10.07
Excerpt: ...s the owner and landlord of 11643 Chandler Blvd, Los Angeles, California, and Plaintiffs are tenants of Unit 101 (“Subject Property”). Plaintiffs allege that Defendant served a 15-day Pay or Quit Notice and an Unlawful Detainer Notice without also serving a Protections Notice required by Article 14.6 of the Los Angeles Municipal Code. Plaintiff filed a Complaint on June 7, 2021, and a First Amended Complaint (“FAC”) on November 1, 2021, w...
2022.09.30 Motion to Quash Summons 299
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.30
Excerpt: ...Defendants Annabelle Vita, Artin Davtyan, Hakob Adzhyan, Elizabeth Rittersdorf, Dynamic Physical Therapy Group, Inc., and Wellness Health Care, and Does 1-100 (“Defendants”), alleging Defendants altered medical records to affect a separate but related proceeding for medical malpractice—Case No. 19STCV44154 Jens Larson v. Tender Home Health, et al. Plaintiff filed his original Complaint on May 4, 2022. On July 13, 2022, Plaintiff filed a Sec...
2022.09.30 Motion to Post Bond or File an Undertaking 260
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.30
Excerpt: ...t against Defendants Burbank Unified School District (“BUSD”) and Emilio Urioste, Jr. (“Urioste”) (collectively “Defendants”), alleging Defendants negligently supervised Plaintiff, an adult student who is non-verbal and autistic. Plaintiff alleges that another student with a prior history of assault, Jared Dillion Drucker (“Drucker”), assaulted Plaintiff on or about January 27, 2017, by inappropriately touching Plaintiff on her bu...
2022.09.28 Application to Strike and Exclude Improperly Designated Non-Retained Experts, for Sanctions 468
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.28
Excerpt: ...MP: Erick Contreras and Fleet Leasing, Inc. (“Defendants”) RP: Darius White (“Plaintiff”) ORDER TO STRIKE AND EXCLUDE DEFENDANT'S SUPPLEMENTAL DESIGNATED EXPERT WITNESSES AND FOR SANCTION MP: Darius White (“Plaintiff”) RP: Erick Contreras and Fleet Leasing, Inc. (“Defendants”) CASE ALLEGATIONS AND HISTORY: Darius White ("Plaintiff") filed suit against Erick Contreras ("Contreras") and Fleet Car Lease, Inc. ("Fleet", and together, ...
2022.09.21 Motion to Tax Costs 062
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.21
Excerpt: ...w Group (“RLG”, and together, "Reicheneder Defendants"), James Moorhead (“Moorhead”), and Arturo Aguilar (“Aguilar,” and collectively, "Defendants"). Rosen is a lawyer specializing in criminal defense. In 2013, the district attorney charged Aguilar with certain criminal charges. At the time of charging, Rosen defended Aguilar and procured a plea bargain, which Aguilar accepted. As a result, Aguilar was convicted and sentenced to one y...
2022.09.16 Demurrer, Motion to Strike 456
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.16
Excerpt: ... that Defendant was negligent in performing tooth extractions on Plaintiff, which resulted in Plaintiff's injuries. Plaintiff received treatment beginning in October 2019 and continued through 2020. Plaintiff filed a Complaint on June 23, 2022, alleging the following five causes of action: (1) Medical Malpractice; (2) Negligent Infliction of Emotional Distress; (3) Breach of Contract; (4) Battery; and (5) Violation of Business and Professions Cod...
2022.09.16 Motion for Reconsideration 260
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.16
Excerpt: ...28, 2020. At this hearing, the Court denied Plaintiff's Motion to Compel Further Discovery Responses of Burbank Unified School District to Plaintiffs' Request for Production of Documents, Set One on the grounds that the Plaintiff had failed to provide specific facts showing good cause for their production. (Minute Order, 2/28/20, p. 2). Plaintiff now files a Motion for Reconsideration alleging that new facts or different facts warrant a renewed M...
2022.09.16 Motion to Confirm Arbitration 152
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.16
Excerpt: ... conversion, (3) rescission, (4) breach of written contract, (5) intentional interference with contract, and (6) accounting. This Court granted Defendants' Petition to Compel Arbitration on May 24, 2019. (Petition, p. 2). The arbitration hearing was conducted on December 20, 21, and 22, 2021 before the Honorable Candace D. Cooper, (Ret.) with an interim award issued on March 28, 2022 in favor of all Defendants, and a Supplemental Award on July 25...
2022.09.16 Motion to Enforce Judgment 202
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.16
Excerpt: ...issal of the civil case, Case #22BBCV00202 as part of a global settlement. Moving Parties seek enforcement of that settlement. HISTORY: Defendant filed its Motion to Enforce Settlement on August 19, 2022. Plaintiffs filed their opposition on August 23, 2022 and Defendant's reply was received on September 9, 2022. BACKGROUND: Moving Parties allege that: on April 22, 2022, the parties agreed to settle this case, Case # 22BBCV00202 (“Civil Case”...
2022.09.09 Motion for Summary Judgment 366
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.09
Excerpt: ...ther, “Defendants”), alleging that Plaintiffs won a judgment of attorney fees against Jan and David as trustee (“Myers Action”). Plaintiffs allege that Jan subsequently made a transfer of property (“Subject Property”) to Hines to defraud Plaintiffs. In the current action, Plaintiffs filed a Complaint on October 11, 2022, alleging six causes of action: (1) Set Aside Fraudulent Transfer made on June 8, 2011; (2) Set Aside Fraudulent Tra...
2022.09.09 Demurrer 450
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.09
Excerpt: ... the reply filed by Defendant on August 31, 2022. On September 2, 2022, the Court granted Defendant's Motion to Compel Arbitration as to Plaintiff's individual PAGA claims only. RELIEF REQUESTED: Defendant demurs to the Complaint. ANALYSIS: I. LEGAL STANDARD The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (CCP § 430.30(a); Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) A demurrer for suffic...
2022.09.02 Motion to Compel Arbitration 450
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.02
Excerpt: ...d the reply filed by Defendant on August 26, 2022. RELIEF REQUESTED: Defendant moves to compel Plaintiff to arbitrate her individual claims in the instant action. ANALYSIS: I. LEGAL STANDARD The party seeking to compel arbitration first bears the burden of proving by a preponderance of the evidence the existence of a valid and enforceable arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) If the court d...
2022.09.02 Motion for Summary Adjudication 964
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.02
Excerpt: ...r (“Defendant”) on August 25, 2017. The Third Amended Complaint (“TAC”), filed on May 15, 2019, alleges three causes of action (1) Medical Malpractice; (2) Dependent Adult Neglect; and (3) Loss of Consortium. Plaintiffs allege Roman was admitted to Glendale Adventist Medical Center on August 16, 2016 for the observation and treatment of an acute mental disorder. Plaintiffs allege that after Defendant performed a psychiatric evaluation of ...
2022.09.02 Demurrer, Motion to Strike 416
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.02
Excerpt: ...ey, California 91352 (“Subject Property”), which is owed by Defendants. Plaintiffs allege that they were exposed to numerous habitability issues during their tenancy and notified Defendants of these issues; but that despite this notice, Defendants collected illegal rent from Plaintiffs. Plaintiff filed a Complaint on June 6, 2022, alleging seven causes of action: (1) Violation of Civ. Code § 1942.4; (2) Tortious Breach of the Warranty of Hab...
2022.09.02 Demurrer 572
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.02
Excerpt: ...022. Plaintiff filed a First Amended Complaint (“FAC”) on June 13, 2022, alleging two causes of action, both for Breach of Contract. PRESENTATION: The Court received the Demurrer filed by Defendant on August 3, 2022. The Court has not received any opposition or reply. RELIEF REQUESTED: Defendant demurs to the FAC in its entirety. ANALYSIS: I. LEGAL STANDARD The grounds for a demurrer must appear on the face of the pleading or from judicially ...
2022.09.02 Demurrer 461
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.09.02
Excerpt: ...Group by Dr. Bardakjian DDS, Inc., a California Corporation (“NDG”); Sherman Oaks Dental Group by Krikor Bardakjian, a California Corporation (“SODG”); and 485 Cliff Dr., LLC, a California Limited Liability Company (“Cliff LLC”, and together, “Defendants”), alleging that Plaintiff partnered with Dr. Bardakjian from 2013, but that Dr. Bardakjian misappropriated partnership revenue. Plaintiff filed a Complaint on June 24, 2022, alle...
2022.08.30 Motion to Set Aside Dismissal 050
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.08.30
Excerpt: ...ts") on January 16, 2020, alleging nine causes of action: (1) Derivative Suit; (2) Ejectment; (3) Damages; (4) Tortious Interference with Contract; (5) Violations of the California Constitutional Right to Privacy; (6) Violations of the Ralph Act, Civ. Code § 51.7; (7) Violations of the Bane Act, Civ. Code § 52.1; (8) California Fair Employment and Housing Act, Gov. Code § 12955; and (9) Violation of the Unfair Competition Law, Bus. & Prof. § ...
2022.08.26 Motion to Strike 755
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.08.26
Excerpt: ...orik Nazarian, a minor (“Norik”); and After School All Stars Los Angeles (“ASAS”) on January 29, 2020, and a First Amended Complaint on November 24, 2021, alleging two causes of action: (1) General Negligence and (2) Battery. HISTORY: The Court received the Motion to Strike filed by LAUSD on March 25, 2022; the opposition filed by Plaintiffs on April 25, 2022; and the reply filed by LAUSD on May 23, 2022. RELIEF REQUESTED: LAUSD moves to ...
2022.08.26 Motion for Summary Judgment 400
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.08.26
Excerpt: ... Litem, Scarlett Del Villar (no opposition) ALLEGATIONS: Naphtali Del Villar ("Naphtali"), Quetzali Del Villar ("Quetzali"), Itzel Del Villar ("Itzel"), and Kaleb Del Villa, a minor, by and through his Guardian ad Litem, Scarlett Del Villar ("Kaleb", and collectively, "Plaintiffs") filed suit against the California Department of Transportation ("Caltrans"), alleging that Jose Luis Del Villar ("Decedent") was involved in a multi-vehicle collision ...
2022.08.25 Motion for Summary Judgment 466
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.08.25
Excerpt: ...ived the Motion for Summary Judgment filed by Plaintiff on July 11, 2022. The Court has not received any opposition or reply. RELIEF REQUESTED: Plaintiff moves for summary judgment; or, in the alternative, summary adjudication as to each affirmative defense asserted by Defendant. ANALYSIS: I. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to t...

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