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Location: Los Angeles x
Judge: Tavelman, F.M. x
2023.11.17 Motion to Compel Deposition 136
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.17
Excerpt: ...he Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ANALYSIS: Dvin Amirian (“Plaintiff”) bri...
2023.11.17 Motion for Judgment on the Pleadings 010
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.17
Excerpt: ... the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: On January 3, 2023, Cesar Hil...
2023.11.17 Demurrer 804
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.17
Excerpt: ...red. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. A...
2023.11.17 Motion to Compel Compliance with Business Records Subpoena 004
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.17
Excerpt: ...lyde Allen (“Allen”) alleging from 1996-1999 Allen, then a LAUSD teacher, sexually assaulted her several times. Plaintiff pleads causes of action for (1) Childhood Sexual Assault (as against Allen), (2) Intentional Infliction of Emotional Distress (as against Allen), (3) Negligence (as against LAUSD), (4) Failure to Report Suspected Child Abuse (as against LAUSD), and (5) Negligent Supervision of a Minor (as against LAUSD). Before the Court i...
2023.11.07 Motion to Set Aside Default 365
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.07
Excerpt: ...to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at...
2023.11.03 Motions to Quash Deposition Subpoena 407
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ...Court directs argument in the Tentative Ruling, no argument will be permitted unless a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received. Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: 10415 Comm...
2023.11.03 Motion to Set Aside Default, Vacate Default Judgment 199
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ... for subrogation in connection with a motor vehicle accident. On March 3, 2023, the Court entered default against Defendant for failure to file a responsive pleading. On May 7, 2023, the Court entered default judgment against Defendant. Defendant now moves to vacate the default judgment and set aside the default pursuant to Code of Civil Procedure (“C.C.P.”) § 473. Defendant states the default and default judgment were entered as a result of...
2023.11.03 Motion to Dismiss 067
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ...e Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ANALYSIS: On September 21, 2023, this Court g...
2023.11.03 Motion to Compel Deposition 376
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ...is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260...
2023.11.03 Motion to Compel Compliance with Business Records Subpoena 004
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ...yde Allen (“Allen”). Plaintiff alleges that from 1996-1999 Allen, then a teacher with the LAUSD, sexually assaulted her several times. Plaintiff states causes of action for (1) Childhood Sexual Assault (as against Allen), (2) Intentional Infliction of Emotional Distress (as against Allen), (3) Negligence (as against LAUSD), (4) Failure to Report Suspected Child Abuse (as against LAUSD), and (5) Negligent Supervision of a Minor (as against LAU...
2023.11.03 Motion to Amend Judgment to Add Judgment Debtors 446
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ... on this matter. Pursuant to California Rules of Court, Rule 3.1308(a)(1) notice of intent to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is ...
2023.11.03 Demurrer 113
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.11.03
Excerpt: ...pear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818...
2023.10.27 Demurrer, Motion to Strike 743
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.27
Excerpt: ... of Court, Rule 3.1308(a)(1) notice of intent to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by em...
2023.10.27 Motion for Order Pursuant to Judgment 468
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.27
Excerpt: ...ess the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. CASE SUMM...
2023.10.27 Motions to Compel Discovery Responses 133
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.27
Excerpt: ...rects argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Kegham Tokat...
2023.10.20 Motions to Quash Deposition Subpoena 461
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ...d. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ...
2023.10.20 Motion to Vacate Sister State Judgment, for Leave to File Complaint 124
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ...the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. LAW AND AN...
2023.10.20 Motion to Set Aside Default 273
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ...r is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818...
2023.10.20 Motion for Protective Order 061
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ...argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Artashes Baylan...
2023.10.20 Motion for Leave from Injunction 450
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ...es of Court, Rule 3.1308(a)(1) notice of intent to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either ...
2023.10.20 Motion for Costs 010
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ... Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Capital Auto Financial, Inc. (“Capital...
2023.10.20 Demurrer 628
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ...o appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone ...
2023.10.20 Demurrer 542
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.20
Excerpt: ... Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Chauvane and Derik Johnson (“Plaintiff...
2023.10.12 Motions to Compel Further Responses 461
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.12
Excerpt: ... Bardakjian (“Bardakjian”). Plaintiff also names as defendants Krikor Bardakjian, DDS, Inc., Noho Dental Group by Bardakjian DDS, Inc., Sherman Oaks Dental Group by Krikor Bardakjian DDS, Inc. (collectively “BDP”) and 485 Cliff Dr. LLC. The Complaint alleges nine causes of action and seeking compensatory damages in excess of $3,000,000.00, general damages, punitive and exemplary damages, attorney's fees and costs of suit. Defendant and BD...
2023.10.12 Motions for Summary Judgment 382
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.12
Excerpt: ....1308(a)(1) notice of intent to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at BurDept...
2023.10.06 Motion for Evidentiary Sanctions 813
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.06
Excerpt: ...Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412 ALLEGATIONS: Su...
2023.10.06 Demurrer 813
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.06
Excerpt: ... Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412 ALL...
2023.10.06 Motion to Compel Discovery Responses to Deem RFAs Admitted 783
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.06
Excerpt: ...gument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412 ALLEGATIONS: Eureka Grant (“P...
2023.10.06 Motion for Terminating Sanctions 047
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.06
Excerpt: ...ument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412 ALLEGATIONS: On February 21, 202...
2023.10.06 Motion for TRO, for Preliminary Injunction 631
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.10.06
Excerpt: ...r is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818...
2023.09.29 Motion to Strike 105
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.29
Excerpt: ...nt”) in connection with an alleged mold issue in Plaintiffs' former apartment. Plaintiffs allege they experienced adverse health conditions while residing at 4918 Cahuenga Boulevard, North Hollywood, CA 91601 which ultimately forced them to vacate the premises. The First Amended Complaint (“FAC”) contains causes of action for (1) Breach of Contract, (2) Breach of Implied Warranty of Habitability, (3) Breach of Covenant of Quiet Enjoyment, (...
2023.09.29 Motion for Trial Preference 458
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.29
Excerpt: ... Village Health Care Center and Longwood Management Corp. (“Defendants”) in connection with a fall Plaintiff suffered on November 13, 2022. Plaintiff alleges he sustained injuries when he slipped on Defendant's premises. Plaintiff now moves for trial preference pursuant to C.C.P. § 36 and Defendants oppose. ANALYSIS: I. LEGAL STANDARD C.C.P. § 36(a) provides in part: “A party to a civil action who is over 70 years of age may petition the ...
2023.09.29 Motion for Terminating Sanctions 461
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.29
Excerpt: ...Dental Group by Bardakjian DDS, 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, attorney's fees and costs of suit. On August 2, 2022, Defendant filed his Cross Complaint against Plaintiff, Alina Bagasian (“Bagasian”), Liana Sahakyan (“Sahakyan”), Suren Minasyan ...
2023.09.29 Motion for Terminating Sanctions 010
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.29
Excerpt: ...n with an alleged motor vehicle accident. Defendant has answered and demanded jury trial. Plaintiffs were previously represented by counsel, however a motion to be relieved was granted on May 19, 2023. On August 4, 2023, the Court granted Defendant's motion to compel discovery responses from Plaintiff and to deem requests for admissions (“RFA”) matters admitted. Defendant now moves for terminating sanctions. Plaintiffs have filed no oppositio...
2023.09.29 Demurrer, Motion to Strike 162
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.29
Excerpt: ...s Inc. (Collectively “Plaintiffs”) filed suit against Mercury Casualty Insurance Company (“Defendant”) alleging Defendant failed to pay out insurance benefits pursuant to an insurance agreement between the parties (“the Agreement”). The Complaint contained 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 § 17200, E...
2023.09.29 Demurrer 102
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.29
Excerpt: ...nte (“Conte”), Laurel Ventura Place, LLC (“Ventura”), and Treadgruv, LLC (“Treadgruv”) (collectively “Defendants”). Plaintiff alleges Defendants owe approximately $240,244.46 for construction work Plaintiff conducted at 12080 Ventura Place, Unit 1, Studio City, California 91604 (“Property”). It is undisputed that Ventura is the owner of the property. The Complaint contains causes of action against each Defendant for (1) Breach...
2023.09.21 Special Motion to Strike 067
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.21
Excerpt: ...ed to practice in New York 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 is an anti-SLAPP motion brought by defendant Harvey Weinstein (“Weinstein”). Plaintiff asserts 10 total causes for (1) Conspiracy to Commit or Violation of New York Civil Ri...
2023.09.21 Motion to Quash Service of Summons 358
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.21
Excerpt: ...ed in a doctor's office in Burbank, CA. Sentinel Insurance Company (“Sentinel”), the insurer for the office, seeks indemnification for the approximately $926,379.54 in damages caused by the leak of the filter. (Compl. ¶ 27.) Sentinel's Complaint alleges the filter was provided by Archstone Distribution, LLC (“Archstone”) who in turn purchased the filter from Amazon.com. (Compl. ¶ 17.) Archstone alleges that the company who sold the filt...
2023.09.15 Demurrer, Motion to Strike 574
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.15
Excerpt: ...s she began experiencing adverse health conditions after moving in to 10941 Bloomfield St., N. Hollywood, CA, a properly currently owned by Defendant. The First Amended Complaint (“FAC”) contains causes of action for (1) General Negligence, (2) Premises Liability, (3) Breach of Contract, and (4) Intentional Infliction of Emotional Distress. Defendant now demurs to each cause of action on the grounds that they fail to state sufficient facts, a...
2023.09.15 Demurrer, Motion to Strike 202
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.15
Excerpt: ...st and future damages, general past and future damages, exemplary or punitive damages, and cost of suit. Plaintiff and Defendant were partners in a business venture known as DS Medi Spa in 2021, however their relationship soured, and the business ceased to exist soon after. Plaintiff alleges, among other things, that Defendant conspired to offer medical services without the proper licensing, interfered with Plaintiff's business, and generally tar...
2023.09.15 Motion for Reconsideration 067
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.15
Excerpt: ...uction companies and personalities. Plaintiff is an attorney admitted to practice in New York 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 Ny, LLC F/K/A Miramax Film Corp....
2023.09.15 Demurrer, Motion to Strike 639
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.15
Excerpt: ...State”) in connection with a motor vehicle collision which occurred March 24, 2022. Plaintiff alleges a dangerous condition was present on the US-101 creating a substantial risk of injury. Plaintiff further alleges the State is liable for injuries to Decedent pursuant to Government Code § 835. The State now demurs to Plaintiff's second cause of action for Dangerous Condition of Public Property on grounds that it fails to state sufficient facts...
2023.09.15 Motions to Compel Arbitration and Stay Matter 628
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.15
Excerpt: ...�Defendant”) for claims arising out of an alleged breach in a construction contract. The Complaint contains five causes of action for (1) Breach of Contract , (2) Foreclosure of Mechanics Lien, (3) Reasonable Value for Services and Materials Furnished, (4) Account Stated, and (5) Agreed Sum for Materials Furnished. Defendant now moves to compel arbitration and requests a stay of proceedings be issued in the event their motion is granted. Plaint...
2023.09.14 Demurrer 757
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.14
Excerpt: ...fendants are in the unlawful possession of the real property known as 11122 Hortense St., Toluca Lake, CA 91602. Plaintiff also seeks unpaid rent in the amount of $35,000. Defendants, each of them in pro per, now demur to the entirety of the complaint. ANALYSIS: 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 Cal. 3d 311, 31...
2023.09.01 Motions to Compel Further Responses 306
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.01
Excerpt: ...th the purchase of a property located at 10024 McBroom St, Sunland, CA 91040. Plaintiff alleges Korb was negligent in hiring an untrained contractor to affect deficient repairs upon the property and thereafter failed to disclose any defects to Plaintiff. Plaintiff now moves to compel further responses to her Requests for Production of Documents (“RFPD”) nos. 1-26 and Special Interrogatories Nos. 1-49. Korb has filed no Opposition. ANALYSIS: I...
2023.09.01 Motion to Strike 119
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.01
Excerpt: ... negligent operation of their automobile caused Plaintiff injury. Koeppel now moves to strike portions of Plaintiff's complaint containing allegations that Koeppel was under the influence and request for punitive damages thereby. Plaintiff has filed no opposition. RELIEF REQUESTED: Koeppel requests the Court issue an order striking the following portions of Plaintiff's Complaint: 1. “UNDER THE INFLUENCE (despicable conduct)” from Paragraph 11...
2023.09.01 Motion to Compel Further Responses, Relief from Waiver 813
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.01
Excerpt: ...West Coast Urgent Care Clinics, Inc. (“Defendant”), Sona Sirounian, Brigeli Westerband, and Vahe Gyulnazaryan. Plaintiff now moves to compel further responses to her Requests for the Production of Documents (“RFPD”) without objections. Defendant opposes this motion and moves for relief from waiver of objections to these RFPD. ANALYSIS: I. LEGAL STANDARD Motion for Relief from Waiver If a party to whom a demand for inspection … is direct...
2023.09.01 Motion to Compel Arbitration 134
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.01
Excerpt: ...) , on December 6, 2022 for claims arising out of the purchase of a 2022 BMW M440i xDrive. The 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, and (3) violation of the Song- Beverly Act section 1793.2(b), and (4) Negligent Repair. BMW and Century West (“Moving Parties”) now move to compel arbitration of these claims and Pl...
2023.09.01 Motion for Terminating Sanctions 741
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.01
Excerpt: ...anuary 28, 2022, Plaintiff filed his First Amended Complaint containing three causes of action for (1) Breach of Contract, (2) Intentional Misrepresentation, and (3) Negligent Misrepresentation. On September 2, 2022, the Court granted the motion to be relieved of Plaintiff's counsel. Plaintiff is now in pro per. ANALYSIS: I. LEGAL STANDARD Where a party fails to obey an order compelling answers to discovery, “the court may make those orders tha...
2023.09.01 Motion for Attorney Fees 887
Location: Los Angeles
Judge: Tavelman, F.M.
Hearing Date: 2023.09.01
Excerpt: ...f Civil Code § 1791.2, commonly known as the Song Beverly Act. The parties have reached an agreement of settlement which provides for attorneys fees to be determined by motion made to this Court. Plaintiff now brings such a motion and BMW opposes. ANALYSIS: I. LEGAL STANDARD “The Song-Beverly Act. . . includes a fee-shifting provision allowing for prevailing buyers to recover attorney fees under section 1794.” (Reynolds v. Ford Motor Co. (20...

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