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2023.08.04 Motion for Summary Adjudication 248
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.08.04
Excerpt: ...client money while serving as office manager for Plaintiff's dental practice. Plaintiff's C o m p l a i n t s t a t e s f i v e ( 5 ) c a u s e s o f a c t i o n f o r : (1) Fraud, (2) Conversion, (3) Breach of Implied Covenant of Good Faith and Fair Dealing, (4) Civil Extortion, and (5) Unfair Competition. Plaintiff now moves for summary adjudication as to the causes of action for Fraud and Conversion. Plaintiff also requests the Court enter jud...
2023.07.28 Special Motion to Strike 067
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.28
Excerpt: ...ompanies and personalities. Plaintiff is an attorney and is in this action pro per. Plaintiff alleges these companies and persons incorporated details of her life into several dozen motion pictures and television shows over the period of several decades without her permission. Before the Court now are four anti-SLAPP motions brought by the following defendants. Miramax Film, LLC F/K/A Miramax Film Corp. and Miramax, LLC (“Miramax”) Lions Gate...
2023.07.28 Demurrer, Motion to Strike 140
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.28
Excerpt: ...Defendants) ALLEGATIONS/HISTORY: Cheung Edwin Ling, as successor in interest for Min Ling (“decedent”) and individually (“Plaintiffs”) filed the instant action against Santa Anita Convalescent Hospital & Retirement Center Golden State Health Centers Inc., Sun Sylvia Ling, and Does 1 through 100 on January 20, 2023, alleging causes of action for: (1) Elder Abuse and Neglect, (2) Violation of Residents' Bill of Rights, (3) Negligence, and (...
2023.07.14 Motion for Summary Judgment 285
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.14
Excerpt: ...�), Calvin Tahmasebi (“Calvin”), a minor by and through his guardian ad litem Carmen Calusian, and Kevin Tahmasebi (“Kevin”) (collectively “Plaintiffs”) filed suit against Gohar Karen Amirkhanyan and Alpine Meadows Homeowners Association (“Alpine”) (collectively “Defendants”) in connection with a condominium residential fire on April 13, 2020, located at 8786 ½ Wyngate Street in Sunland, California 91040 (“Subject Property�...
2023.07.14 Motion for Judgment on the Pleadings 512
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.14
Excerpt: ...d Coco's Restaurants, LLC (“Coco's”) (collectively “Defendants”) for alleged non-payment of commercial rent. The Complaint states a cause of action against each Jojos and Cocos for (1) breach of contract guaranty and (2) account stated. Plaintiff now moves for judgment on the pleadings, primarily on grounds that the Court issued an order deeming Request for Admissions (“RFA”) matters admitted as to Jojos and Cocos on February 12, 2023...
2023.07.14 Motion for Disbursement of Surplus Funds 057
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.14
Excerpt: ... commonly described as 5317 Cahuenga Blvd Unit D, North Hollywood, CA 91601 (“Property”) by foreclosure Trustee Western Progressive, LLC (“Western”). The original lenders were John K. Connors and Mary Catherine Connors. A trustee's sale took place on March 15, 2022. The total sale price of the Property was $328,500. There was a surplus in the amount of $104,602.68, after the sale was finalized and the DOT paid off. Claimant Cahuenga Garde...
2023.07.07 Motions to Compel Discovery Responses and Deem RFAs Admitted 479
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.07
Excerpt: ...R”), and L.B. Stites (“Stites”) (“collectively “Plaintiffs”) bring this action against Matt Flynn, Bill Gomez, Jerry Paredes, John Grubaugh, and State Farm General Insurance Company (“State Farm”) (collectively “Defendants”). Plaintiffs claim Defendants refused to issue assistance pursuant to an alleged homeowners insurance policy issued by State Farm. On April 27, 2023, this Court granted Miller's application for appointment ...
2023.07.07 Motions to Compel Discovery Responses 397
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.07
Excerpt: ... Property Management, Inc. (“Defendants”). The Compliant contains six causes of action: (1) Breach of Warranty of Habitability, (2) Breach of Quiet Enjoyment, (3) Violation of LARSO, (4) Violation of Business and Professions Code § 17200, (5) Negligent Maintenance of Premises, and (5) Intentional Infliction of Emotional Distress. SC26 III, LLC, Alon Abady, and Power Property Management, Inc. (“Moving Parties”) now move to compel Plaintif...
2023.07.07 Motion to Quash Service of Summons 887
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.07
Excerpt: .... (“La Kaffa”) and Henry Wang (“Wang”), as well as several other parties. Wang is a resident of Taiwan where he operates La Kaffa. Plaintiffs allege Wang and La Kaffa conspired with parties in the U.S. to sell Leung a Bake Code franchise which did not exist with the promise that Leung would receive an EB-5 Visa. Plaintiffs' action seek restitution for the investment made into the nonexistent franchise. La Kaffa and Wang now move to quash ...
2023.07.07 Demurrer, Motion to Strike 920
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.07
Excerpt: ...y (“Decedent”) against KSM Healthcare, Inc. dba Drier's Nursing Care Center (“Defendant”). On August 19, 2022, Plaintiff's motion for leave to file a Second Amended Complaint (“SAC”) was granted. On August 29, 2022, Plaintiff filed her SAC. On September 28, 2022, Defendant filed a demurrer and motion to strike to the SAC. On November 4, 2022, the Court sustained the demurer with leave to amend. As such, the motion to strike was remove...
2023.07.07 Demurrer, Motion to Strike 251
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.07.07
Excerpt: ... (collectively “Defendants”) in connection with injuries sustained at Defendants' hotel. Specifically, Plaintiff claims that she and her daughter was injured by a treadmill in the hotel gym on July 21, 2021. Plaintiff is in pro per. Hollywood Stay now demurs to the entirety of Plaintiff's Complaint on grounds of uncertainty. Hollywood Stay argues Plaintiff has not pled or identified any causes of action, HISTORY: On March 08, 2023, Hollywood ...
2023.06.30 Demurrer, Motion to Strike 912
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.30
Excerpt: ...n February 25, 2021 Defendant sold him a certified pre-owned 2017 Cadillac Escalade (“Subject Vehicle”). The Subject Vehicle contained a defective transmission (“Transmission Defect”). Plaintiff's First Amended Complaint (“FAC”) contains four causes of action (1) Violation of Song-Beverly Act- Breach of Express Warranty, (2) Violation of Song-Beverly Act- Breach of Implied Warranty, (3) Violation of Song- Beverly Act Section 1793.2, a...
2023.06.30 Motion for Setoff 340
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.30
Excerpt: ... Coachella Management Partners, LLC was liable for damages incurred by Patricia Healy (“Healy”), Andrea Lui (“Lui”), Juan Godinez (“Godinez”), and Sarah McLean (“McClean”) (collectively “Plaintiffs”) resulting from the improper removal of a wooden structure on Coachella's property. Moving Parties now move for setoff pursuant to Code of Civil Procedure (“C.C.P.”) § 877. Moving Parties ask the Court for an order that trial ...
2023.06.30 Motion to Compel Discovery Responses, to Deem RFAs Admitted 261
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.30
Excerpt: ...co Rodriguez (“Rodriguez”; collectively “Plaintiffs”) brought this negligence action against Isrrael Villalba-Villanueva (“Defendant”). Plaintiffs seek damages incurred from a collision they allege Defendant caused on March 19, 2022. Plaintiffs allege they were turning in an intersection when Defendant ran a red light and collided with them. HISTORY: On April 26, 2023, Plaintiffs filed their motions to compel responses to their Form I...
2023.06.30 Motion to Compel Further Responses 850
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.30
Excerpt: ...injured when a rented electric scooter malfunctioned. Plaintiff moves to compel further responses to his Special Interrogatories (Set Two), and Requests for the Production of Document (“RFPD”) (Set Two). HISTORY: On October 7, 2022, Plaintiff filed his motions to compel further responses. On March 17, 2023, this case was subsequently transferred to an independent calendar court. On March 29, 2023, the case was transferred once more to this Co...
2023.06.22 Demurrer, Motion to Strike 959
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.22
Excerpt: ...im from 2015 to 2017. On December 30, 2022 Plaintiff filed her First Amended Complaint (“FAC”) containing causes of action for (1) Breach of Contract, (2) Common Counts, and (3) Fraud. Defendant answered and Plaintiff now demurs on grounds that Defendant's affirmative defenses do not allege sufficient facts. HISTORY: On December 30, 2022, Plaintiff filed her FAC. On January 30, 2023, Defendant filed his Answer to the FAC. On March 13, 2023, P...
2023.06.16 Motion to Set Aside Default 144
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.16
Excerpt: ...ushman & Wakefield, Noho Commons Pacific Owner, LLC (collectively “Defendants”) in connection with an incident in which Plaintiff's property was allegedly destroyed. The Complaint contains causes of action for (1) Negligence, (2) Conversion, and (3) Violations of California Rev. & Tax Code § 23301. On April 2, 2023, default was entered against Polaris. Polaris now moves to set aside the default pursuant to Code of Civil Procedure §§ 473(b)...
2023.06.16 Motion to Compel Arbitration 418
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.16
Excerpt: ...“Carrillo”), individually and as successor-in-interest to and on behalf of Martha Cuellar (“Decedent”) (collectively, “Plaintiffs”) filed suit against Sunland SNF, LLC dba The Hills Healthcare Center; Citrus Administrative Services Inc. (collectively “Defendants”), alleging Decedent received substandard care as a resident at Defendants' nursing facility. On February 22, 2023, Plaintiffs filed a Complaint alleging four causes of ac...
2023.06.16 Motion to Approve Class Action Settlement 548
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.16
Excerpt: ...fendant asserting causes of action under the Private Attorney General Act (“PAGA”) for failure to pay wages, to provide rest periods, and to timely pay wages due at separation. The current Motion for Order of Approval of PAGA Settlement was filed on June, 18, 2023. No opposition was filed. REQUESTED RELIEF: Defendant requests an Order and Judgment preliminarily approving the parties PAGA Settlement. ANALYSIS: I. LEGAL STANDARD Under Labor Cod...
2023.06.16 Motion for New Trial, to Tax Costs 098
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.16
Excerpt: ...filed by Jaime Nicole Baca (“Plaintiff”). On April 18, 2023, judgement was entered for Defendant and against Plaintiff. Plaintiff now moves for a new trial on the following grounds: 1. Irregularity in the proceedings of the court (Code of Civ. Procedure § 657); 2. Improper orders of the court (Id.); and 3. The evidence was insufficient to justify the verdict (Id.); On May 12, 2023, Plaintiff filed her motion for a new trial. On May 26, 2023,...
2023.06.16 Motion for Leave to file Amended Complaint 813
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.16
Excerpt: ...nagement, Inc., a California Corporation (“CMBM”); and Deepest Inner Core, Inc., a California Corporation (“DIC”, and collectively, "Plaintiffs") filed suit against West Coast Urgent Care Clinics, Inc., a California Corporation (“WCUC”); Sona Sirounian (“Sirounian”); Brigeli Westerband (“Westerband”); and Vahe Gyulnazaryan (“Gyulnazaryan”, and collectively, “Defendants”). Plaintiffs allege that Dr. Tigran Garabedyan (�...
2023.06.16 Demurrer, Motion to Strike 886
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.16
Excerpt: ...��), City of Arcadia (“Arcadia”), and James O'Brien (“O'Brien”) (collectively, “Defendants”), alleging that O'Brien harassed and assaulted Plaintiff over the course of several weeks in 2019. Plaintiff filed a Third Amended Complaint (“3AC”) on December 13, 2022, alleging six causes of action: (1) Negligence; (2) Battery (against O'Brien only); (3) Assault (against O'Brien only); (4) Intentional Infliction of Emotional Distress; (5...
2023.06.15 Motions to Compel Further Responses 294
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.15
Excerpt: ...s negligent in her care and in the supervision of a third-party patient who attacked Plaintiff while she was a patient at Defendant's hospital. Plaintiff moves to compel further responses to her Request for Admissions (“RFA”) (Set Two), Form Interrogatories (Set Three), and Special Interrogatories (Set Three). HISTORY: On May 9, 2023, Plaintiff filed her motions to compel further responses to RFA and Form Interrogatories. On May 24, 2023, Def...
2023.06.09 Demurrer 170
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.09
Excerpt: ...es, Inc. (“Star”), and A and M Construction, Inc. (“A&M”) (collectively “Defendants”) alleging Defendants failed to repay various loans made by Plaintiff. The Complaint contains causes of action for (1) Breach of Contract (as to Semerjian and Star), (2) Breach of Contract (as to A&M), and (3) Common Counts (as to Star). Defendants now demur to each cause of action in the Complaint. HISTORY: On February 23, 2023, Defendants filed their...
2023.06.09 Demurrer, Motion to Strike 056
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.09
Excerpt: ...ehicle. Specifically, Plaintiffs claim Defendant sold them a 2017 Chevrolet Silverado (“Vehicle”) which contained a defective transmission (“Transmission Defect”). Plaintiffs' Complaint contains four causes of action: (1) Violation of Song-Beverly Act-Breach of Express Warranty, (2) Violation of Song-Beverly Act - Breach of Implied Warranty, (3) Violation of Song-Beverly Act § 1793.2, and (4) Fraudulent Inducement-Concealment. Defendant ...
2023.06.09 Motion to Quash Two Deposition Subpoenas 285
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.09
Excerpt: ...ren Amirkhanyan (“Amirkhanyan”) and Alpine Meadows Homeowners Association aka Alpine Meadows HOA (“Alpine”). The action arises out of a fire that took place in a townhouse owned by Amirkhanyan and rented by Plaintiffs. Farmers Insurance Exchange (“Farmers”), a non-party, now moves to quash two deposition subpoenas served upon them by Plaintiffs. HISTORY: On May 5, 2023, Farmers filed its Motion to Quash Deposition Subpoenas. On May 26...
2023.06.09 Motion to Tax Costs 098
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.09
Excerpt: ...�Defendants”) . Also on May 2, 2023, Defendants submitted their memorandum of costs (“MOC”). Plaintiff now moves to tax two categories of costs he claims are impermissible under Code of Civil Procedure (“C.C.P.”) § 1033.5. HISTORY: On May 15, 2023, Plaintiff filed his motion to tax costs. On May 24, 2023, Defendants filed their opposition. On May 31, 2023, Plaintiff filed his reply. ANALYSIS: I. LEGAL STANDARD “‘The right to recove...
2023.06.02 Motion to Set Aside Default Judgment 209
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.02
Excerpt: ...nts") alleging Defendants failed to soundproof the floors in Plaintiffs property- in violation of Plaintiffs quiet en]oyment. On February 16, 2023, default was entered against Laurel Canyon. Laurel Canyon now moves to set aside the default pursuant to Code of Civil Procedure SS 473(b) & 425.110. HISTORY: On March 30, 2023, Laurel Canyon filed this motion to set aside default judgment. On April 3, 2023 Plaintiff filed his opposition and request fo...
2023.06.02 Motion for Summary Judgment 262
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.02
Excerpt: ...ncture treatment was negligent and thereby caused her to suffer a collapsed lung. On September 22, 2020, Plaintiff filed her Complaint containing a single cause of action for negligence (acupuncture malpractice). Defendant now moves for summary judgment of the Complaint. Plaintiff opposes the motion and Defendant replies. EVIDENTIARY OBJECTIONS: Plaintiffs evidentiary objections Nos. 1, 2, 5, 6, 7 are SUSTAINED. Plaintiffs remaining evidentiary o...
2023.06.02 Demurrer 743
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.02
Excerpt: ...) filed suit against Scott Amin Sheikh and The Sheikh Law Firm APC (collectively "Defendants") alleging Defendants failed to adequately represent them in prior legal matters. The First Amended Complaint ("PAC") contams causes of action for (1) Negligence (Legal Malpractice), (2) Breach of Fiduciary Duty, and (3) Breach of Contract. Defendants now demurs to each cause of action in the Complaint HISTORY: On March 13, 2023, Defendants filed their de...
2023.06.02 Demurrer 129
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.06.02
Excerpt: .... Plaintiff contends she purchased a homeowners insurance policy ("Policy") from Defendants prior to April 7, 2018 that covered her pets. (SAC 6, 7.) Plaintiff asserts that on April 7, 2018, Plaintiffs dog escaped the property and subsequently bit Lode Margolis ("Margolis") who sustained substantial injuty. (SAC 9.) Plaintiff believes that these injuries were a covered loss under the Policy. Plamtiff filed her initial Complaint on December 15, 20...
2023.05.26 Motion for Summary Judgment 782
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.26
Excerpt: ...adia Jean Fakoory, M.D. ("Fakoory/') in the emergency department of Providence St. Joseph Medical Center (hereinafter "ED"). On July 6, 2021, Plaintiffs filed a complaint against Fakoory, Providence Health System-Southern California dba Providence St. Joseph Medical Center erroneously sued as Providence St. Joseph Med Ctr ("Providence"), Woody Herman Jackson, M.D. ("Jackson"), Robin Solymanijam, M.D. ("Solymanijam"), Karo K Arzoo, M.D. ("Arzoo"),...
2023.05.26 Motion for Summary Judgment 416
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.26
Excerpt: ...ll") (collectively "Defendants"). Plaintiff seeks approximately $36,300 in unpaid rent pursuant to a lease agreement for the propergr located at 11170 Agua Vista Street Studio City, CA 91602. Defendants are both in pro per. Plamtiff now moves for summary judgment. HISTORY: On May 11, 2023, Plaintiff filed its motion for summary judgment. On May 19, 2023, Defendants filed their opposition. ANALYSIS: LEGAL STANDARD A party may move for summary judg...
2023.05.26 Demurrer, Motion to Strike 678
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.26
Excerpt: ...alleging several causes of action arising from his employment with Defendant. Plaintiff filed a First Amended Complaint ("FAC") on December 7, 2022 containing eight causes of action: (1) (2) (3) (4) (5) (6) (7) (8) HISTORY: Failure to Provide Meal Breaks (California Labor Code 226.7 & 512 (a)); Failure to Provide Rest Breaks (California Labor Code S 226.7); Failure to Provide Accurate, Itemized Wage Statements (California Labor Code S226); Waitin...
2023.05.26 Demurrer, Motion to Strike 027
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.26
Excerpt: ... claims Defendant sold him a car which contamed a defective sensor ("Sensor Defect"). Plaintiffs Complaint contains fivo causes of action for (1) Violation of Song-Beverly Act-Breach of Express Warranty and (2) Fraudulent Inducement- Concealment Defendant now demurs to the second cause of action for Concealment on grounds Plaintiff has not pled sufficient facts to establish his claim. Defendant also moves to strike those portions ofthe complaintw...
2023.05.19 Demurrer 926
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.19
Excerpt: ...on that settlement proceeds held by her, as survivor of Robert J. Walsh, are not subject to the attorney lien claimed by Foster. On January 25, 2023, Foster filed a Cross-Complaint containing a single cause of action for breach of contract. Sweeny now demurs to the Cross-Complaint on grounds Foster fails to allege sufficient facts to sustain his cause of action. HISTORY: On February 22, 2023, Sweeny filed her demurrer _ Foster filed a late opposi...
2023.05.19 Demurrer 813
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.19
Excerpt: ...on that settlement proceeds held by her, as survivor of Robert J. Walsh, are not subject to the attorney lien claimed by Foster. On January 25, 2023, Foster filed a Cross-Complaint containing a single cause of action for breach of contract. Sweeny now demurs to the Cross-Complaint on grounds Foster fails to allege sufficient facts to sustain his cause of action. HISTORY: On February 22, 2023, Sweeny filed her demurrer _ Foster filed a late opposi...
2023.05.19 Motions to Compel Discovery Responses 235
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.19
Excerpt: ...ock Avenue, Unit 1, Studio City, CA 91604. Defendant has answered and is in pro per. HISTORY: On April 1, 2023, Plaintiff filed motions to compel responses to his Form Interrogatories, Special Interrogatories, Requests for Production of Documents ("RFPD"), and Request for Admissions ("RFA"). No oppositions were filed. RELIEF REQUESTED: Plaintiff requests the Court issue an order compelling Defendant to respond to his Form Interrogatories, Special...
2023.05.19 Motion for Protective Order 346
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.19
Excerpt: ...iff visited Defendant's business establishment to purchase items and to verifi,• whether Defendant is complying with the California Unruh Civil Rights Act ("UCRA") and the Americans with Disabilities Act ("ADA"). Plaintiff alleges that Defendant's business violated ADA guidelines. On May 17, 2022, Plaintiff filed a Complaint, alleging a single cause of action for Violation of the UCRA, California Civil Code, 51 et seq. HISTORY: On March 28, 202...
2023.05.19 Motion for Reconsideration 181
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.19
Excerpt: ...upra from Toyota of North Hollywood ("Dealer"). The Complaint contains three causes of action: (1) violation of Song-Beverly Act - breach of express warranty, (2) violation of Song-Beverly Act - breach of implied warranty, and (3) violation of the Song- Beverly Act section 1793.21b). On February 2, 2023, this Court heard TMS's motion to compel arbitration. The Court, relying on Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, granted the motion...
2023.05.19 Special Motions to Strike 868
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.19
Excerpt: ...cause of action for wrongful use of civil proceedings. Plaintiff claims that Scuderi and his attorney Sullivan filed a baseless civil lawsuit in February of 2019. Plaintiff further claims that Scuderi and Sullivan filed this prior suit intending to prevent Plaintiff from collecting upon a small claims court judgment. Scuderi and Sullivan both move to strike the complaint as a Strategic Lawsuit Against Public Participation ("SLAPP"). HISTORY: On J...
2023.05.18 Motion to Set Aside Default Judgment 627
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.18
Excerpt: ...ntains causes of action for (1) Breach of Contract, (2) Open Book Account, (3) Account Stated, and (4) Reasonable Value. The amount sought is $105,868.00. On November 14, 2022, default was entered against Defendant. On February 2, 2023, default judgment was entered against Defendant Plaintiff now moves to set aside the default judgment pursuant to Code of Civil Procedure 473(b). HISTORY: On February 23, 2023, Defendant filed this motion to set as...
2023.05.16 Demurrer, Motion to Strike 959
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.16
Excerpt: ...-Complaint agamst Thompson containing causes of action for (1) Defamation, (2) Conversion, (3) Fraud, and (4) Assault On December 20, 2019, Thompson filed her answer to the Cross-Complaint generally denying each allegation. Years have passed wherein various attorneys have been substituted and continuances have been requested. On December 30, 2022, Thompson filed her First Amended Complaint ("FACO after her motion to amend her original complaint w...
2023.05.05 Motion to Set Aside and Vacate Default Judgment 098
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.05
Excerpt: ... Inc. (collectively "Defendants"). The Complaint contains a singular cause of action for Breach of Contract. Default Judgment was entered against all Defendants on September 9, 2022. Defendants Moises Franco, David Franco, Moises Jihovany Franco reserved February 3, 2023 for a motion to set aside default judgment. On January 13, 2023, the motion was re-scheduled to March 10, 2023 to be held concurrently with a Hearing on Application for Order for...
2023.05.05 Demurrer 162
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.05
Excerpt: ...s") filed suit agamst Mercury Casualty Insurance Company ("Defendant") alleging Defendant failed to pay out insurance benefits pursuant to an insurance agreement befiveen the parties ("the Agreement"). The Complaint contains causes of action for (1) Breach of Contract (2) Breach of The Covenant of Good Faith and Fair Dealing, (3) Unfair Business Practices Under Business and Professions Code S 17200, EtSeq„ (4) Unjust Enrichment, (5) Negligent M...
2023.05.05 Application for Writ of Possession 518
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.05
Excerpt: ...mpany ("Plaintiff') filed suit against Defendants Narek Manucharyan ("Manuchawan") and ACE Collision Center„ a California Corporation ("ACE") (collectively "Defendants") alleging that Manuchawan entered a Motor Vehicle Lease Agreement ("Lease") with Plaintiff for the use of a2019 BMW X6 sDrive35i, VIN: WBAJE5C37HG917090 (MVehicle"), but subsequently defaulted pursuant to the terms of the Lease. Plaintiff alleges that it was subsequently notifie...
2023.05.04 Motion to Compel Further Responses 461
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.05.04
Excerpt: ...S, Inc., Sherman Oaks Dental Group by Krikor Bardakjian DDS, Inc., and 485 Cliff Dr. LLC, alleging nine causes of action and seeking compensatory damages in excess of $3,000,000.00, general damages, punitive and exemplary damages, attornevs fees and costs of suit. On August 2, 2022, Defendant and Cross-Complainants BDP filed their Cross Complaint against Plaintiff, Alina Bagasian ("Bagasian"), Liana Sahakyan ("Sahakyan"), Suren Minasyan ("Minasya...
2023.04.28 Motion to Compel Arbitration and Stay Matter 092
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.28
Excerpt: ...ployment with Defendant The Complaint contains seven causes of action: (1) failure to provide meal break, (2) failure to provide rest break, (3) failure to pay all wages due, (4) retaliation, (5) failure to prevent and remedy discrimination, harassment, and retaliation, (6) violation of business professions code SI 7200 et seq., and (7) wrongful termination. HISTORY: On March 10, 2023, Defendant filed its motion to compel arbitration and motion t...
2023.04.28 Demurrer 479
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.28
Excerpt: ...s") bring this action against Matt Flynn, Bill Gomez, Jerry Paredes, John Grubaugh ("Grubaugh"), and State Farm General Insurance Company ("State Farm") (collectively "Defendants"). Plaintiffs claim Defendants refused to issue assistance pursuant to an alleged homeowners insurance policy issued by State Farm. Plaintiffs claim Grubaugh was a senior manager at State Farm at the time the denial occurred. HISTORY: On January 3, 2022, Plaintiffs filed...
2023.04.28 Motion to Compel Further Responses 285
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.28
Excerpt: ...inst Gohar Karen Amirkhanyan ("Amirkhanyan") and Alpine Meadows Homeowners Association aka Alpine Meadows HOA ("Alpine"). The action arises out of a fire that took place in a townhouse owned by Amirkhanyan and rented by Plaintiffs. HISTORY: On April 3, 2023, Plaintiffs filed their Motion to Compel Further Responses to Special Interrogatories (Set Three). On April 12, 2023, Alpme filed its Opposition. On April 13, 2023, Plaintiffs filed their Repl...
2023.04.28 Motion to Partially Seal Good Faith Settlement 764
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.28
Excerpt: ...Court's Tentative Ruling portal to facilitate access. ound The Court previously approved the Allegan Defendants Good Faith Settlement with plaintiffs, Jennifer Hasso and John Hasso. No objection was received by the Court prior to the approval. Allergan Defendants simultaneously filed a Motion to Seal the Determination of Good Faith Settlement, seeking only to redact the settlement amount the remining terms to remain unsealed. In support of the mo...
2023.04.26 Demurrer, Motion to Strike 678
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.26
Excerpt: ...alleging several causes of action arising from his employment with Defendant. Plaintiff filed a First Amended Complaint ("FAC") on December 7, 2022 containing eight causes of action: (1) (2) (3) (4) (5) (6) (7) (8) HISTORY: Failure to Provide Meal Breaks (California Labor Code 226.7 & 512 (a)); Failure to Provide Rest Breaks (California Labor Code S 226.7); Failure to Provide Accurate, Itemized Wage Statements (California Labor Code S226); Waitin...
2023.04.24 Motion to Set Aside Default Judgment 627
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.24
Excerpt: ...mplaint contains causes of action for (1) Breach Of Contract, (2) Open Book Account, (3) Account Stated, and (4) Reasonable Value. The amount sought is $105,868.00. On November 14, 2022, default was entered against Defendant. On February 2, 2023, default judgment was entered against Defendant Plaintiff now moves to set aside the default judgment pursuant to Code of Civil Procedure 473(b). HISTORY: On February 23, 2023, Defendant filed this motion...
2023.04.21 Demurrer 663
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.21
Excerpt: ...itation facility. On September 16, 2022, Plaintiff filed her Complaint. The Complaint contained causes of action for (1) Negligence, (2) Sexual Harassment under Civil Code §51.9, (3) Sexual Battery, and (4) Intentional Infliction of Emotional Distress. On October 31, 2022, Defendant filed a demurrer to the first and second causes of action in the Complaint. On December 2, 2022, hearing was held on the demurrer. The Court sustained the demurrer t...
2023.04.21 Demurrer 509
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.21
Excerpt: ...action against Elda Madatyan (“Elda”) and Edgar Madatyan (“Edgar”)(collectively “Defendants”) seeking damages related to the posting of allegedly defamatory videos on social media which Tarosian claims harmed his personal reputation and business. On November 29, 2022, Tarosian filed his First Amended Complaint (FAC). The FAC contains the following causes of action against Elda and Edgar: (1) Intentional Infliction of Emotional Distres...
2023.04.14 Motion to Compel Discovery Responses 945
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...tikalapati (“Itikalapati”), and Zohra Tariq (“Tariq”) alleging VFX breached a loan agreement with Key Star. Key Star also alleges Itikalapati and Tariq breached their guaranty agreement. On December 23, 2020, Key Star filed a Complaint, alleging six (6) causes of action sounding in: (1) Breach of Agreement (as to VFX), (2) Breach of Guaranty (as to Itikalapati and Tariq), (3) Money Lent, (4) Account Stated, (5) Unjust Enrichment, and (6) ...
2023.04.14 Motion for Judgment on the Pleadings 363
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...ounts. Plaintiff seeks damages for money lent in the amount of $25,125.84. On June 27, 2022, Defendant filed an Answer to the Complaint, submitting general denials to all allegations. After Defendant failed to respond to Request for Admissions (“RFA”), Plaintiff filed a Motion to Deem RFA matters admitted, which was granted by court order on February 10, 2023. Plaintiff now moves for judgment on the pleadings. HISTORY: On March 24, 2023, Plai...
2023.04.14 Demurrer, Motion to Strike 917
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...22, Ezekio Madamba, individually and as guardian ad litem for Jaiden Madamba, Genevy Marquez, Jeremiah Marquez, Delawndra Rogers, Nyah Rogers, Zoe Rogers; and Esmeralda Marquez, individually (collectively “Plaintiffs”) filed suit against Remedy Investors 2, LLC and Yale Management Services, Inc. (collectively “Defendants”). Plaintiffs allege they experienced complications regarding a bedbug infestation while they were tenants of Defendant...
2023.04.14 Motion to Compel Further Responses 283
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...ant") and Matthew Haddad ("Haddad", and together, "Defendants"), alleging that Felix was employed by Medversant from January of 2014 to April of 2020, when Medversant terminated Felix. Felix alleges that Medversant, with Haddad as the sole manager and CEO, committed numerous labor violations against Felix and other employees during this time. On November 15, 2021, Felix filed a Second Amended Complaint (“SAC”) alleging 12 causes of action: (1...
2023.04.14 Motion to Enforce Settlement 536
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...vember 17, 2022, Plaintiff filed a notice of settlement. Plaintiff now moves for an order enforcing the conditions of the settlement agreement (“Agreement”) and for entry of judgment against Mathis and Keller Williams. HISTORY: On February 23, 2023, Plaintiff filed this motion to enforce settlement. Neither Mathis nor Keller Williams filed an opposition. RELIEF REQUESTED: Plaintiff requests an order that Mathis and Keller Williams comply with...
2023.04.14 Motion to Strike 043
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...CRA”) and the California Disabled Persons Act (“CDPA”). Plaintiff alleges these violations occurred in July 2022 at Seven Day Mini Mart located at or about 11150 Burbank Blvd., Los Angeles, California. (Compl. ¶ 4.) Asan is alleged to be the owner of Seven Day Mini Mart. Marks is alleged to be the property owner. (Id. ¶¶ 3,6.) The Complaint contains causes of action for (1) Violation of UCRA, California Civil Code §§ 51-53 and (2) Viol...
2023.04.14 Motion for Discovery of Peace Officer Personnel Records 802
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.04.14
Excerpt: ...lie Boyer (“Plaintiff”) alleges that, when she was a juvenile, equestrian trainer Jimmy Williams abused her while she was a member of Flintridge Riding Club. As a result, Plaintiff alleges she has suffered mentally and emotionally as a child and has continued to suffer severe emotional distress, general, special, and consequential damage. Plaintiff's Prayer for Relief, in the operative Complaint, alleges past, present, and future general dama...
2023.03.30 Motion for Summary Adjudication 054
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.30
Excerpt: ...k flow on to Plaintiffs' property in multiple instances (2017, 2018 and early 2019). On July 17, 2020, Plaintiffs filed a Complaint alleging five causes of action: (1) Inverse Condemnation, (2) Nuisance, (3) Trespass, (4) Negligence, and (5) Dangerous Condition on Public Property. HISTORY: On November 22: 2022: Burbank filed its motion for summary adjudication and request for judicial notice. On March 10: 2023: Plaintiffs filed their reply, and o...
2023.03.29 Demurrer, Motion to Strike 897
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.29
Excerpt: ...mplaint contains causes of action for (1) Elder Abuse and (2) Wrongful Death. Plamtiff alleges that on June 29, 2019, her brother, Frank Osby ("Decedent"), was transferred to Driers Nursing Care Center until July 1, 2019. (Compl. 3.) Durmg Decedents stay at the facility, Decedent suffered a stroke. (ld. 27.) After speaking with Decedent, Plaintiff Decedents sister, reached out to the nurse's station with concerns that Decedent's responses were un...
2023.03.24 Motion to Set Aside Default Judgment 239
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.24
Excerpt: ...d (3) reasonable value. Default Judgment was entered against RDM on September 7, 2022. RDM now moves to set aside the default judgment on grounds that RDM was not served. HISTORY: On February 21, 2023 RDM filed this Motion to Set Aside Default Judgment. On March 13, 2023 JNS filed its opposition. On March 17, 2023 RDM filed their reply. ANALYSIS: LEGAL STANDARD C.C.P. S 473.5(a) provides as follows: "When service of a summons has not resulted in ...
2023.03.24 Motion to Compel Arbitration 702
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.24
Excerpt: ...individually; and Samuel Baires, individually (Plaintiffs) ALLEGATIONS: Gloribel Baires ("Gloribel"), individually and as successor-in-interest to and on behalf of Maria Baires ("Decedent"), together with Mirna Vanegas ("Mirna") and Samuel Baires ("Samuel") (collectively, "Plaintiffs") filed suit against RG Legacy I LLC dba Golden Rose Care Center ("Golden Rose") & Two Palms Skilled Care LLC dba Two Palms Care Center ("Two Palms," collectively "D...
2023.03.24 Demurrer 112
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.24
Excerpt: ...located at 6750 Clybourn Avenue, #216, North Hollywood, California. Defendant, in pro per, now demurs to the Complaint on grounds the three-day notice to quit did not contain certain disclosures. HISTORY: On January 9, 2023, Defendant filed his Demurrer. On March 8: 2023, Plaintiff filed their opposition. No reply Ivas filed. Plaintiff gave notice in the Opposition they will not appear at the law and motion hearing and submits the matter with an ...
2023.03.17 Special Motions to Strike 868
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.17
Excerpt: ...ngle cause of action for wrongful use of civil proceedings. Plaintiff claims that Scuderi and his attorney Sullivan filed a baseless civil lawsuit in February of 2019. Plaintiff further claims that this Scuderi and Sullivan filed this prior suit intending to prevent Plaintiff from collecting upon a small claims court judgment Scuderi and Sullivan both move to strike the complaint as a Strategic Lawsuit Against Public Participation ("SLAPP"). HIST...
2023.03.17 Motion to Correct Judgment 340
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.17
Excerpt: ...as liable for damages incurred by Andrea Lui, Juan Godinez, Sarah McLean, and Patricia Healy ("Healy") (collectively "Plaintiffs") resulting from the improper removal of a wooden structure on Coachella's property. The Court further ruled that Plaintiffs had met their burden showing that Gevorgian served as the alter-ego of Coachella. The Court limited this ruling of alter-ego to apply only if Coachella lacked sufficient assets to satisfi,• any ...
2023.03.10 Motion for Leave to File TAC 202
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...dants"). Plaintiff's claims stem from a landlord-tenant relationship between Plaintiff and Defendants. Plaintiff alleges that Defendants conspired to evict Plaintiff constructively and tortuously from her business location in 4562 Lankershim Blvd, North Hollywood, Los Angeles, California. On August 8, 2022, Plaintiff filed her First Amended Complaint ("FAC"). Defendant thereafter demurred. The Court sustained the demurrer as to several causes of ...
2023.03.10 Demurrer, Motion to Strike 565
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...a Maynes; Philip Maynes (Plaintiffs) ALLEGATIONS: Plaintiffs Blanche Rivero Maynes, by and through her successor-in-interest, Christina Maynes (“Decedent”); Christina Maynes, individually (“Christina”); Lisa Maynes (“Lisa”); and Philip Maynes (“Philip”, and collectively, “Plaintiffs”) filed suit against Defendants Belmont Village Burbank Tenant, LLC (“BVBT”); Belmont Three LLC (“BT”); Belmont Three Corporation Holding,...
2023.03.10 Demurrer, Motion to Strike 770
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...ion. The Complaint contains two causes of action: (1) Negligence, and (2) Intentional Infliction of Emotional Distress. HISTORY: On February 1, 2023, Defendant filed a demurrer and motion to strike portions of the Complaint. Opposition was due February 27, 2023, and Plaintiff filed her Opposition on February 28, 2023. Defendant filed his reply on March 3, 2023. RELIEF REQUESTED: Defendant demurs to the second cause of action of Intentional Inflic...
2023.03.10 Motion for Relief from Dismissal 456
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...2022, Plaintiff filed the initial Complaint, and then filed his first amended complaint ("FAC"). The FAC contains causes of action for (1) Medical Malpractice, (2) Negligent Infliction of Emotional Distress, (3) Breach of Contract, (4) Battery, and (5) Violations of Cal. Bus. Prof. Code S 17200. On December 9, 2022, the Court received a request for dismissal from Plaintiff as to the entire complaint. On December 15, 2022, the Court received a sub...
2023.03.10 Motion to Compel Further Production of Docs 555
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...as CBS' Director of Community Relations . Plaintiff alleges misconduct by Plaintiff's direct manager, Steve Mauldin (“Mauldin”). Plaintiff asserts that both Mauldin and his administrative assistant Tony Gile (“Gile”) exhibited inappropriate behavior towards Plaintiff while a CBS employee. Plaintiff alleges that reports of this conduct were made to CBS's HR manager, Maggie Serrano (“Serrano”). On February 25, 2022, the Court sustained ...
2023.03.10 Motion to Quash Deposition Subpoena 285
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...nst Gohar Karen Amirkhanyan ("Amirkhanyan") and Alpine Meadows Homeowners Association aka Alpine Meadows HOA ("Alpine"). The action arises out of a fire that took place in a townhouse owned by Gohar and rented by Plaintiffs. Amirkhanyan filed the moton to quash subpoena on January 12, 2023. Plaintiffs filed their opposition on February 6, 2023. Amirkhanyan filed their reply on February 9, 2023. This motion was heard on February 17, 2023 at which ...
2023.03.10 Motion to Quash Service of Process 129
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.10
Excerpt: ...) (collectively, “Defendants”). Plaintiff contends she purchased a homeowner's insurance policy (“Policy”) from Defendants prior to April 7, 2018, that covered her pets. (SAC ¶¶6, 7.) Plaintiff asserts that on April 7, 2018, Plaintiff's dog escaped the property and subsequently bit Lode Margolis who sustained substantial injury. (SAC ¶9.) Plaintiff believes that these injuries were a covered loss under the Policy. Plaintiff filed her i...
2023.03.03 Motion to Set Aside or Vacate Default Judgment 548
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.03
Excerpt: ...lectively “defendants”). The complaint alleged causes of action for (1) breach of contract, (2) negligent instrument of motor vehicle, and (3) intentional misrepresentation or fraud. On January 13, 2020, the Court entered default judgment in favor of Li and against defendants in the amount of $57,855.99. HISTORY: On December 9, 2022, Defendant filed Motion to Set Aside and Vacate Default Judgment (“Motion”) Li filed opposition on February...
2023.03.03 Motion to Compel Further Responses 461
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.03
Excerpt: ...dakjian DDS, Inc., Sherman Oaks Dental Group by Krikor Bardakjian DDS, Inc., and 485 Cliff Dr. LLC, alleging nine causes of action. The Complaint seeks compensatory damages in excess of $3,000,000.00, general damages, punitive and exemplary damages, attorney's fees and costs of suit. Defendant and Cross-Complainants BDP filed their Cross Complaint (“XC”) on August 2, 2022, against Mikayel Israyelyan (“Israyelyan”), Alina Bagasian (“Baga...
2023.03.03 Motion to Compel Arbitration and Stay Matter 949
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.03.03
Excerpt: ...0 from Sunrise Ford (“Dealer”). The Complaint contains three causes of action: (1) violation of Song-Beverly Act-breach of express warranty, (2) violation of Song-Beverly Act - breach of implied warranty, and (3) violation of the Song- Beverly Act section 1793.2(b). HISTORY: Plaintiff filed to dismiss the Dealer from this suit on February 17, 2023. The Court received Ford's Motion to Compel Arbitration and Motion for Stay on January 5, 2023. ...
2023.02.24 Motion to Compel Arbitration and Stay Matter 181
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.24
Excerpt: ...st Toyota Motor Sales, U.S.A., Inc. (“TMS”) , on December 12, 2022 for claims arising out of the purchase of a 2021 Toyota Supra from Toyota of North Hollywood (“Dealer”). The Complaint contains three causes of action: (1) violation of Song-Beverly Act - breach of express warranty, (2) violation of Song-Beverly Act - breach of implied warranty, and (3) violation of the Song- Beverly Act section 1793.2(b). HISTORY: The Court received TMS's...
2023.02.17 Motion to Quash Deposition Subpoena 285
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.17
Excerpt: ... against Gohar Karen Amirkhanyan (“Amirkhanyan”) and Alpine Meadows Homeowners Association aka Alpine Meadows HOA (“HOA”). The action arises from a fire in a Amirkhanyan's townhouse which Plaintiffs rented. HISTORY: Amirkhanyan filed the motion to quash subpoena on January 12, 2023. Plaintiffs filed their opposition on February 6, 2023. Amirkhanyan filed their reply on February 9, 2023. RELIEF REQUESTED: Amirkhanyan requests the court qua...
2023.02.10 Motions to Compel Arbitration and Stay Matter 482
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.10
Excerpt: ...ut of her employment with Defendant. The Complaint contains thirteen causes of action: (1) disability discrimination; (2) disability-based harassment; (3) race-based discrimination; (4) sexual harassment; (5) unlawful retaliation in violation of FEHA; (6) failure to prevent harassment, discrimination and retaliation in violation of FEHA; (7) wrongful termination; (8) failure to pay earned wages; (9) failure to pay timely wages during employment; ...
2023.02.10 Motion to Set Aside or Vacate Default Judgment 483
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.10
Excerpt: ... with three causes of action: (1) possession of personal property, (2) deficiency judgment, (3) foreclosure of security interest with deficiency judgment, (4) breach of express written contract, (5) money lent, (6) account stated, (7) declaratory relief, and (8) injunctive relief. On November 22, 2019, the Court entered default judgment in favor of Plaintiff and against Defendant in the amount of $115,113.34. HISTORY: On November 10, 2022, Defend...
2023.02.10 Demurrer, Motion to Strike 886
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.10
Excerpt: ...dia ("Arcadia"), and James O'Brien ("O'Brien") (collectively, "Defendants"), alleging that O'Brien harassed and assaulted Plaintiff over the course of several weeks in 2019. Plaintiff filed a Third Amended Complaint ("3AC") on December 13, 2022, alleging six causes of action: (1) Negligence; (2) Battery (against O'Brien only); (3) Assault (against O'Brien only); (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotion...
2023.02.07 Motion for Sanctions 147
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.07
Excerpt: ...ura Blvd., LLC (“11601 Ventura”) and 22456 Ventura Blvd., LLC (“22456 Ventura”) (collectively, “Special Defendants”). Also named as a defendant is Pierre Moeini (“Moeini”). Plaintiff alleges that Special Defendants are the alter ego of Moeini, as Moeini is the sole member of the companies. Plaintiff alleges causes of action against Moeini and Special Defendants for: (1) Fraud; (2) Negligent Misrepresentation; and (3) Fraudulent Tr...
2023.02.03 Demurrer 905
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.03
Excerpt: ... HISTORY: The Court received the Demurrer and Motion to Strike filed by Baker on December 13, 2022; the opposition filed by Essex on January 20, 2023; and the reply filed by Baker on January 26, 2023. RELIEF REQUESTED: Baker demurs to the entire Complaint. ANALYSIS: Demurrer I. LEGAL STANDARD The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (C.C.P. § 430.30(a); Blank v. Kirwan (1985) 39 Ca...
2023.02.03 Motion to Set Aside or Vacate Default Judgment 338
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.03
Excerpt: ...f consumer loan agreement; (2) money lent; and (3) account stated. The amount sought was $49,504.35. On August 20, 2020, the Court entered default against Defendant. On August 24, 2020, the Court entered default judgment in favor of Plaintiff and against Defendant in the amount of $56,155.20 reflecting interest accrued upon the principal. UMPQUA has subsequently filed two Writs of Execution, most recently on December 06, 2022 for $69,038.41 refle...
2023.02.03 Motion for Judgment on the Pleadings 968
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.03
Excerpt: ...point Public Adjusting (“Counterpoint”), Gary Baca (“Baca”), Victor Cuahutemoc Pena (“Pena”), and Vic's Restoration & Construction (“Vic's) (collectively “Defendants”). Plaintiff alleges a series of contracts between himself and Defendants. Plaintiff alleges a first contract whereby Counterpoint would assess insurance claims on Plaintiff's property. Plaintiff alleges that pursuant to that agreement, Counterpoint was to hold mone...
2023.02.03 Motions to Compel Arbitration and Stay Matter 702
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.02.03
Excerpt: ...individually; and Samuel Baires, individually (Plaintiffs) ALLEGATIONS: Gloribel Baires (“Gloribel”), individually and as successor-in-interest to and on behalf of Maria Baires (“Decedent”), together with Mirna Vanegas (“Vanegas”) and Samuel Baires (“Samuel”) (collectively, “Plaintiffs”) filed suit against RG Legacy I LLC dba Golden Rose Care Center (“Golden Rose”) & Two Palms Skilled Care LLC dba Two Palms Care Center (�...
2023.01.31 Motion for Attorney Fees 366
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.31
Excerpt: ...filed a Motion for Attorneys' Fees and Costs totaling $140,930.10 pursuant to Civil Code §1717 and Code of Civil Procedure §1032. Defendants argue that they are entitled to attorney's fees under the broad terms of the Residential Purchase and Sale Agreement, specifically Clause 22 – the same clause upon which the Plaintiff relied to obtain the original attorney's fees award. In July 2001, Defendant Jan Slort purchased real property from Plain...
2023.01.19 Motion for Leave to File TAC 095
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.19
Excerpt: ...its employee Paul Capraro (“Defendants”) for alleged wrongful termination. Plaintiff filed his first amended complaint (“FAC”) on May 7, 2019. Following the Court's September 30, 2019 ruling sustaining the demurrer to the FAC, with leave to amend, Plaintiff filed the operative second amended complaint (“SAC”) on October 10, 2019. Plaintiff now moves for leave to amend the SAC and file a proposed third amended complaint (“TAC”). De...
2023.01.18 Demurrer, Motion to Strike 656
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.18
Excerpt: ...endant”), alleging that Defendant failed to comply with the statutory requirements when Plaintiffs applied for housing at Defendant's property. Plaintiffs allege that Defendant improperly procured consumer reports pertaining to Plaintiffs and that Plaintiffs were harmed as such. Plaintiffs filed the Complaint on September 15, 2022 alleging three causes of action: (1) violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”); ...
2023.01.13 Motion to Strike, to Quash Service of Summons 147
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.13
Excerpt: ... defendants 11601 Ventura Blvd., LLC (“11601 Ventura”) and 22456 Ventura Blvd., LLC (“22456 Ventura”) (collectively, “Special Defendants”). Also named as a defendant is Pierre Moeini (“Moeini”). Plaintiff alleges that Special Defendants are the alter ego of Moeini, as Moeini is the sole member of the companies. Plaintiff alleges causes of action against Moeini and Special Defendants for: (1) Fraud; (2) Negligent Misrepresentation;...
2023.01.13 Motion for Leave to Conduct Financial Discovery 048
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.13
Excerpt: ...ch of contract from Mustapha Baha (“Defendant”). Plaintiff alleges Defendant was a member of Pasadena Angels, an investment firm. (Second Amended Complaint (“SAC”) ¶ 16.) Plaintiff interviewed with Pasadena Angels to discuss a business proposal. (SAC ¶ 16.) Defendant invited her to discuss the proposal at his “home office.” (SAC ¶ 16.) Plaintiff alleges Defendant forcefully threw himself onto her and promised to invest in her compa...
2023.01.13 Motion for Judgment on the Pleadings 129
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.13
Excerpt: ...ry Insurance Group (“MIG”) (collectively, “Defendants”). Plaintiff contends she purchased a homeowner's insurance policy (“Policy”) from Defendants prior to April 7, 2018 that covered her pets. (SAC ¶¶6, 7.) Plaintiff asserts that on April 7, 2018, Plaintiff's dog escaped the property and subsequently bit Lode Margolis who sustained substantial injury. (SAC ¶9.) Plaintiff believes that these injuries were a covered loss under the P...
2023.01.13 Motion for Contempt Order 814
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.13
Excerpt: ...Ventures (“Kanab”) and Iman Azad (“Azad”) (collectively “Judgment Debtors”) alleging breach of contract and fraud. Following Defendants' failure to file a responsive pleading, on March 4, 2020, the Court entered default judgment in favor of Judgment Creditor in the amount of $56,855.27. On January 14, 2022, Plaintiff filed, and the Court granted, a motion requesting an Order of Assignment of Azad's interest in Blue Star Services Group...
2023.01.04 Motion to Quash Service of Summons 739
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.04
Excerpt: ...n or about October 22, 2996, Bertila Monroy (a/k/a Bertila Monroy Ramos) (“Monroy”) purchased a home with her daughter, Nora Vnoucsek. (FAC ¶12). Both were on title to the property. (Id.). Around February 28, 2006, Monroy refinanced the subject property, and in doing so advised Plaintiff N. Vnoucsek that it was best for the refinancing if only Monroy was on title. This would result in a better interest rate. (FAC ¶13). Plaintiff N. Vnoucsek...
2023.01.04 Motion for Summary Judgment, Adjudication 426
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.01.04
Excerpt: ...ff”) brought this action against Glendale I Mall Associates, LP (“GMA”), asserting causes of action for: (1) Premises Liability and (2) General Negligence. Plaintiff alleges she sustained personal injuries at the Glendale Galleria shopping mall owned by GMA because a metal door frame piece fell on her. On October 16, 2020, GMA filed a Cross-Complaint against VCC Construction Corp. ("VCC"), RPG Enterprises ("RPG"), and T.J.M. Glazing, Inc. (...
2022.12.30 Motion to Compel Further Responses 048
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.12.30
Excerpt: ...nd her Requests for Admissions, Set 2. (SI‐Notice of Motion, pg. 2; RFA‐ Notice of Motion, pg. 2.) ALLEGATIONS: The instant action arises from Jamie Nicole Baca's (“Plaintiff”) allegations that she was subjected to sexual harassment, a forceful sexual assault, fraud, and breach of contract from the wrongful conduct of Pasadena Angels, Inc. (“Pasadena Angels”) and Kristen Hiibner (“Hiibner”). Plaintiff alleges that Mustapha Baha (�...
2022.12.30 Motion for Leave to File TAC 283
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2022.12.30
Excerpt: ..., alleging Defendants violated various Labor Code sections during Plaintiff's employment from June 21, 2010 to August 17, 2021. The alleged violations include, failing to pay Plaintiff wages earned and failure to provide proper pay stubs. Plaintiff's September 20, 2021 Complaint alleges five causes of action: (1) Failure to Pay Wages; (2) Pay- Stub Violations; (3) Waiting Time Penalties; (4) Unfair Business Practices; and (5) Fraud. Plaintiff fil...

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