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2024.03.28 Motion to Compel Deposition, for Sanctions 193
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.28
Excerpt: ...epositions, but Plaintiffs' counsel refuses to provide available dates. Defendant sent notice of deposition on December 11, 2023, but Plaintiffs have objected. Defendant has attempted to meet and confer without success. The Court should impose sanctions against Plaintiffs and their counsel. In opposition, Plaintiffs contend that Defendant did not request dates for the depositions either before or after sending a notice. Defendant set the depositi...
2024.03.28 Motion to Compel Responses, for Monetary Sanctions 964
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.28
Excerpt: ...TO COMPEL PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS The complaint alleges that Plaintiff fell and sustained injury while walking on a defective walkway at real property owned and controlled by Defendants. Plaintiff alleges claims for (1) negligence, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. Defendants, Clinton B. Eull, III; and Yule...
2024.03.26 Motion to Compel Further Responses, for Sanctions 088
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.26
Excerpt: ...CTIONS I. BACKGROUND Plaintiff alleges claims for premises liability and negligence arising from a dangerous condition at Defendant's property. Plaintiff moves to compel Defendant's further responses to form interrogatories and special interrogatories. Plaintiff contends that Defendant asserted only objections after Plaintiff granted five extensions to respond. Defendant maintains objections despite efforts to meet and confer. Defendant filed an ...
2024.03.26 Motion to Compel Further Responses, for Protective Order 144
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.26
Excerpt: ... Defendants allegedly failed to pay the balance due of $684,625.77 for the delivered merchandise. Plaintiff alle ges claims for breach of contract, account stated, common counts and unjust enrichment. Defendant Parmida, LLC, filed a cross -complaint against Plaintiff for false advertising and unfair competition contending that Plaintiff overstated the lumen output and energy efficiency of the products. II. ARGUMENTS Defendant Parmida served Plain...
2024.03.21 Motion to Compel Further Responses, for Sanctions 841
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.21
Excerpt: ...laintiff served request for production of documents on Defendant, Prime Healthcare Services – St. Francis, LLC (“Defendant ”). Defendant served responses on January 26, 2024. The parties resolved some of their differences, but objections to some requests remain, all of which Plaintiff contends are without merit . In opposition, Defendant argues that the separate statement is misleading and defective. Defendant will respond to �ive of the ...
2024.03.19 Motion to Quash Deposition Subpoena 727
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.19
Excerpt: ...- pro�it corporation that conducted substantial religious and af�iliated programs and supervised Doe 2, who was alleged to be Plaintiff 's abuser, pastor, employee, and/or agent of Doe 1. Defendant Doe 1 (“Defendant”) �iled its answer on August 22, 2023. II. ARGUMENT S Plaintiff moves to quash a subpoena served by Defendant on the L.A. County Sheriff 's Department for production of Plaintiff 's police records. Plaintiff contends the sub...
2024.03.19 Motion for Judgment 322
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.19
Excerpt: ...also defamed Plaintiff's reputation by calling Volt and demanding that Plaintiff be removed from a second work assignment upon Plaintiff's termination from Seiko. (FAC ¶ 5 .) Plaintiff alleges claims for “defamation under the vicarious liability doctrine, willful and wanton conduct, and punitive damages.” On October 11, 2023, the clerk entered default against “Seiko Epson Corporation.” (Def. Entry 11/22/23 .) II. PROCEDURAL BACKGROUND Th...
2024.03.14 Demurrer, Motion to Strike 685
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.14
Excerpt: ...perty now owned by the Trust pursuant to a transfer by Willie Belle Chatmon (“Decedent”). Decedent tr ansferred title to the real property to her trust by grant deed recorded on July 22, 2014. However, one year before the creation of the Trust, Defendant, Marion Chatmon, Trustor's daughter, caused Trustor to sign a deed transferring the real property to a group of family members as tenants in common. Defendant recorded the second grant deed o...
2024.03.14 Demurrer, Motion to Strike 616
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.14
Excerpt: ...arlo Sanfilippo, who died on April 6, 2023, while he was a resident at Affinity Health Care Center (“Affinity”). Plaintiff alleges that Paramount Meadows Nursing Center, LP, (“Paramount”), a skilled nursing facility owns, controls, and operates Affinity. Plaintiff alleges that Paramount was negligent in providing decedent with care. Against Paramount, Plaintiff alleges claims for (1) professional negligence, (2) elder abuse, (3) violation...
2024.03.12 Motion to Compel Further Responses, for Sanctions 026
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.12
Excerpt: ...��Kim” or “Defendant”), vehicle while he was employed by Defendant, Uber Technologies. Plaintiff alleges that at the time of the incident, Kim was distracted by the Uber App, and that the Uber App blocked Kim's view. Plaintiff alleges one cause of action for negligence. II. ARGUMENTS Plaintiff argues she served Defendant Kim with a first set of special interrogatories on August 29, 2023. Defendant objected to the interrogatories at issue. D...
2024.03.12 Motion for Judgment on the Pleadings 240
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.12
Excerpt: ...efendant” or “ District”) allegedly maintained, operated, and employed teachers at Locke Academy. Plaintiff alleges claims for childhood sexual abuse, intentional infliction of emotional distress, negligent hiring and supervision, failure to report child abuse, and negligence. II. ARGUMENTS Defendant moves for judgment on the pleadings on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because ...
2024.03.07 Demurrer, Motion to Strike 949
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.07
Excerpt: ...written warranty in connection with Plaintiffs' purchase of a 2019 Chevrolet Silverado. The vehicle allegedly developed transmission and other defects, w h i c h G M f a i l e d t o d i s c l o s e o r re m e dy. P l a i nt i f f s a l l e g e three claims for violations under the Song-Beverly Consumer Warranty Act (“SBA”) and a fourth cause of action for fraudulent inducement and concealment. ) II. ARGUMENT S GM demurrers to the fourth cause...
2024.03.05 Demurrer to FAC 774
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...ched an obligation set forth in its Charter Petition to provide liability insurance covering Plaintiff, Los A n g e l e s U n i � i e d S c h o o l D i s t r i c t ( “ L AUS D ”) , a s a n a d d i t io n a l i n s u re d . Wa t t s o b t a i n e d c ove ra g e f ro m A l l i a nc e of Schools for Cooperative Insurance Program (“ASCIP”) to defend, indemnify, and hold LAUSD harmless against any claims for damages arising out of the Charte...
2024.03.05 Motion to Stay Pending Resolution of Criminal Case 424
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...Plaintiffs' vehicle. Another driver, Oswaldo Lopez (“L opez”) was allegedly driving his vehicle while intoxicated. Plaintiff, Christian Garza, sustained injury requiring double amputation above the knee. Plaintiffs also assert product liability claims against Defendant, Tesla Inc. (“Tesla”) for defective design and manufacture of the Tesla Model 3, which allegedly malfunctioned . Defendant Lopez requests an order staying this action until...
2024.03.05 Motion for Determination of Good Faith Settlement 970
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...h his Guardian ad Litem, John Shelton, alleges c laims for discrimination under the Unruh Civil Rights Act, dangerous condition of public property, product liability arising from an allegedly defective crosswalk button, and negligence. Defendant, City of Compton (“City”) filed a cross -complaint against Guevara and Elias Jose Hernandez (“Hernandez”) for indemnity, contribution, and declaratory relief. Cross -Defendants have not appeared i...
2024.03.05 Motion for Determining Prevailing Party, Reasonable Attorney Fees 237
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.03.05
Excerpt: ...). Defendant, Estrella Tietz , is the HOA's president. Plain�ffs allege that Defendants violated provisions of the Covenants, Codes, and Restric�ons (“CC&Rs”) by refusing to intervene in Plain�ffs' parking dispute with their neighbors, failing to keep common areas lighted, and for building a pergola on the common area pa�o between Plain�ffs' and Tietz's unit. Plain�ffs allege claims for (1) breach of governing documents, (2) b...
2024.02.29 Request for Court Judgment by Default 284
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.02.29
Excerpt: ...ode § 17200, and Song -Beverly Consumer Warranty Act (“SBA”). The fourt h cause of action is for a claim against the dealer bond issued by Defendant, Washington International Insurance Company (“WIIC”). While the clerk entered default against WIIC on October 18, 2022, the Plaintiff and WIIC stipulated to set aside the default because Plaintiff improperly joined WIIC by an Amendment to Complaint, which the court rejected. (Stip. 4/14/23.)...
2024.02.27 Demurrer 806
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.02.27
Excerpt: ... claims for fraud, intentional tort, and emotional distress. Defendants, Oscar Flores and Plentitude Transportation, Inc. (collectively “Defendants”) argue that the complaint is defective as it is uncertain. Plaintiff failed to allege the claims with required specificity, and the claims are barred by the statu te of limitations. Defendants timely served the demurrer on Plaintiff by mail. Plaintiff did not file an opposition. II. LEGAL STANDAR...
2024.02.08 Motion to Compel Deposition of PMQ 317
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.02.08
Excerpt: ...within the transmission system that Defendant failed to repair within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiffs request an order to compel Defendant, General Motors, LLC (“GM”) to produce its person most qualified (“PMQ”) to testify on categories 1-8, 10, and 11 as set forth in Plaintiffs' Notice of Deposition of the Person Most Qualified and Demand to Produce Document...
2024.02.08 Motion to Compel Answers at Deposition 833
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.02.08
Excerpt: ...fendants, B&O Express (“B&O”) and Jupiter Warehouse and Distribution (“Jupiter”). Plaintiff served a three-day notice to pay rent or quit. Plaintiff alleges Defendants remained in possession after failing to comply with its payment obligations under the lease. The complaint alleges claims for (1) nonpayment of rent, (2) nonpayment of common area expenses (“CAM”), (3) nonpayment of late charges, and (4) failure to vacate the premises. ...
2024.02.06 Motion to Strike 424
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.02.06
Excerpt: ...other driver, Oswaldo Lopez (“Lopez”) was allegedly driving his vehicle while intoxicated. Plaintiff, Christian Garza, sustained injury requiring double, amputation above the knee. Plaintiffs also assert product liability claims against Defendant, Tesla Inc., for defective design and manufacture of the Tesla Model 3, which allegedly malfunctioned. II. ARGUMENTS Defendant Dayne moves to strike the claim for punitive damages on grounds Plaintif...
2024.02.01 OSC Re Contempt 314
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.02.01
Excerpt: ...es, who are siblings, entered into an informal verbal agreement wherein Defendant would collect the rental proceeds from tenants for deposit into the Estate's account. Plaintiff alleges he discovered that Defendant misappropriated rental income and acted as de facto landlord/owner of the properties without Plaintiff's knowledge. Plaintiff alleges claims for conversion and private nuisance. On October 31, 2022, Defendant filed a cross-complaint ag...
2024.01.30 Demurrer, Motion to Strike 320
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.30
Excerpt: ... The vehicle's “sensing” system and subsystems, including its Collision Mitigation Braking System (“CMBS”) developed defects which Defendant failed to repair and failed to replace with another vehicle. Plaintiff alleges (1) violations of the Song-Beverly Consumer Warranty Act (the “Warranty Act”) and (2) claim for fraudulent inducement -- concealment. II. ARGUMENTS Defendant demurs to the second cause of action for failure to state a ...
2024.01.25 Demurrer 414
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.25
Excerpt: ... Prior to close of escrow, the City of Compton allegedly cited the property for numerous code violations, including the lack of a duplex permit Plaintiffs allege seven causes of action for fraud and fraud-related claims, negligence, and unfair business practices. 11. ARGUMENTS Defendant, Diamond Construction & Waterproofing, Inc. ("Diamond"), demurs to all claims alleged agamst it on grounds of uncertamty since there is no alleged relationship be...
2024.01.25 Motion to Compel Further Responses 289
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.25
Excerpt: ...ed defects that Defendant allegedly failed to repair or repurchase in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiffs argue that Defendant's responses to the document request were evasive, non-responsive and contained boilerplate objections. Plaintiffs' counsel attempted to engage in numerous efforts to meet and confer with defense counsel, who failed to respond in good faith. Defendant argues that Plaintiffs failed ...
2024.01.25 Motion to Enforce Settlement Agreement, for Costs and Fees 552
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.25
Excerpt: ...ly amended the complaint substituting "Started from the Bottom" and Paul Raymond Argueta Sr„ in place of fictitious defendants #1 and #2, respectively. On March 10, 2023, the clerk entered default against Defendant MacKenzie. On July 25, 2023, Plaintiff filed a notice of conditional settlement between Plaintiff and the remaming Defendants. 11. ARGUMENTS Plamtiff seeks an order enforcmg the settlement agreement between the parties wherein Defend...
2024.01.23 Motion to Compel Arbitration and Stay Action 301
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.23
Excerpt: ... ("Dealership") failed to properly diagnose the issues and were negligent in repairing the vehicle. Plaintiffs allege claims in violation of the Song-Beverly Consumer Warranty Act ("SBA"). 80th Defendants filed this motion on December 7, 2023, however, on January 8, 2024, Plaintiff dismissed the Dealership from the complaint, with prejudice, leaving Nissan, the manufacturer, as the only defendant. ARGUMENTS Nissan requests an order compelling thi...
2024.01.23 Motion for Judgment on the Pleadings 593
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.23
Excerpt: ...tiff alleges six causes of action including negligence, negligent supervision, and intentional infliction of emotional distress arising from the alleged incidents. II. ARGUMENTS Defendant, Compton Unified School District (“Defendant” or “District”), demurs all causes of action on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because it provides a gift of public funds, removes a necessary el...
2024.01.23 Demurrer to FAC 906
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.23
Excerpt: ... unfair competition, essentially because Plaintiffs did not allege actionable facts against the Buyers. Plaintiffs filed their first amended complaint on October 25, 2023, asserting the same claims for unfair competition, fraud, and conspiracy to commit fraud. Plaintiffs allege that they and Defendant, Bonnie Joyce (“Bonnie”), are siblings and were co-trustees and co-beneficiaries of their mother's trust, the Joyce Living Trust U.D.T 1/1/2002...
2024.01.18 Demurrer to FAC 574
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.18
Excerpt: ...he proper “worker's compensation” forms and did not address her complaints about the working conditions. II. ARGUMENTS Defendant argues that the complaint is barred by the exclusivity provisions of the Worker's Compensation Act (“WCA”). Plaintiff has applied with the Worker's Compensation Appeals Board (“WCAB”) to adjudicate her claim. In opposition, Plaintiff acknowledges that she was an “active worker on the clock at the time of i...
2024.01.16 Motion to Compel Further Responses, for Monetary Sanctions 700
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.16
Excerpt: ... TO COMPEL PLAINTIFF'S FURTHER RESPONSES TO FORM AND SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR IMPOSITION OF MONETARY SANCTIONS I. BACKGROUND The first amended complaint filed on October 24, 2023, alleges that Plaintiff suffered injury as the result of the uninhabitable conditions of leased premises owned by Defendants. Plaintiff also alleges that Defendant breached a Lease-to-Buy Agreement granting Plaintiff exclusive rights to the prope...
2024.01.11 Motion to Tax Costs 347
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.11
Excerpt: ...ailure to obtain informed consent, and other tort and statutory violations. On August 11, 2023, the Court entered judgment in favor of Defendants after sustaining Defendants' demurrers without leave to amend. On September 5, 2023, Defendants filed their memorandum to recover costs of $3,079.31, consisting of filing and jury fees. Plaintiffs move to strike certain filing fees for documents that Plaintiffs contend were not necessary or were never i...
2024.01.11 Motion for Terminating Sanctions 214
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.11
Excerpt: ...ILED DECEMBER 14, 2023, FOR TERMINATING SANCTIONS FOR FAILING TO OBEY THIS COURT'S NOVEMBER 17, 2023, ORDER, OR ALTERNATIVELY, TO PROVIDE FURTHER RESPONSES TO WRITTEN DISCOVERY [TENTATIVE] ORDER GRANTING PLAINTIFF'S MOTION, FILED DECEMBER 14, 2023, FOR TERMINATING SANCTIONS, OR ALTERNATIVELY, FOR ORDER COMPELLING FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR SANCTIONS I. BACKGROUND The verified, first amended complaint (“FAC�...
2024.01.11 Demurrer 248
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.11
Excerpt: ...s claims for (1) childhood sexual abuse; (2) intentional infliction of emotional distress; (3) negligent hiring, supervision, and retention; (4) failure to report suspected child abuse; (5) negligent supervision of a minor; and (6) negligence. II. ARGUMENTS Defendant Doe 2 (the "District") demurs to three of six causes of action on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because it provides a...
2024.01.09 Motion for Summary Judgment, Adjudication 247
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.09
Excerpt: ...es claims for public nuisance per se and public nuisance. Defendant Bank of New York Mellon (“Bank”) is Trustee with a beneficial interest in the real property. (Complaint ¶ 11.) Defendant, MTC Financial became the substituted trustee. (Complaint, ¶ 12.) Bank filed its amended answer to the complaint on December 2, 2021. The clerk entered default against Defendant, Advantix Lending, Inc. and Ditech Financial LLC, December 10, 2021. Plaintif...
2024.01.09 Motion to Compel Further Responses 598
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.09
Excerpt: ...d to comply with its statutory obligations to replace the vehicle or pay restitution after failing to repair the defects, all in violation of the Song-Beverly Consumer Warranty Act (“SBA”). II. ARGUMENTS Plaintiffs served the first set of special interrogatories on Defendant on March 23, 2023, Defendant served unverified, incomplete, and deficient responses on May 24, 2022. Plaintiffs' counsel sent numerous letters and emails to Defendant to ...
2024.01.09 Motion to Compel Further Responses, for Protective Order 144
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.09
Excerpt: ...led to pay the balance due of $684,625.77. Plaintiff alleges claims for breach of contract, account stated, common counts, open book account, and quantum meruit. II. ARGUMENTS Defendant, Peyman Mahrou, served Plaintiff with a request for production of documents on January 17, 2023. Plaintiff sent initial responses and subsequently served supplemental responses on May 25, 2023, after the parties met and conferred. Defendant sent a letter advising ...
2024.01.04 Demurrer to FAC 574
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2024.01.04
Excerpt: ... proper “worker's compensation” forms and did not address her complaints about the working conditions. II. ARGUMENTS Defendant argues that the complaint is barred by the exclusivity provisions of the Worker's Compensation Act (“WCA”). Plaintiff has applied with the Worker's Compensation Appeals Board (“WCAB”) to adjudicate her claim. In opposition, Plaintiff acknowledges that she was an “active worker on the clock at the time of inj...
2023.12.19 Motion to Set Aside Dismissal and Enter Judgment 017
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.19
Excerpt: ... entire case on August 18, 2020. At the Order to Show Cause hearing on August 26, 2020, the Hon. Maurice A. Leiter dismissed the action but retained jurisdiction to enforce the terms of settlement pursuant to Code of Civil Procedure, section 664.6. Plaintiff moves to set aside dismissal and enforce terms of the settlement agreement. Plaintiff timely served the motion on Defendant, who did not file an opposition by December 6, 2023 (nine court day...
2023.12.19 Motion to Consolidate 476
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.19
Excerpt: ... Veronica Hamid, alleges that she requested that Plaintiff be excused from physical activities to accommodate Plaintiff's medical condition (“brittle bone disease”). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class, where Plaintiff fell and suffered multiple fractures. Plaintiff alleges eight causes of action for violations of the Americans with Disabilities Act, the Unruh Ci...
2023.12.19 Motion for Terminating Sanctions, for Leave to File Complaint 214
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.19
Excerpt: ...A CROSS-COMPLAINT. I. BACKGROUND The verified, first amended complaint (“FAC”) alleges that Defendant, Ramona King (“King”), forged Plaintiff's signature on a quitclaim deed purporting to transfer Plaintiff's 50 percent interest in real property to Defendant, leaving Defendant as the sole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of instrument, (3) quiet title, (4) slander of title, (5) fraudulent c...
2023.12.14 Motion for Summary Adjudication 144
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.14
Excerpt: ...ue of $684,625.77. Plaintiff alleges claims for breach of contract, account stated, common counts, open book account, and quantum meruit. II. ARGUMENTS Defendants, Hamid Mahrou (“Hamid”) and Peyman Mahrou (“Peyman”), collectively, “Defendants”) move for adjudication of all causes of action as there is an absence of evidence showing that the Defendants are the alter egos of Defendant, Parmida, LLC (“Parmida”). Plaintiff argues that...
2023.12.12 Motion for Sanctions 169
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.12
Excerpt: ...axes. Defendant breached the parties' written agreement by listing the property for sale. Plaintiff alleges claims for breach of contract and fraud based on intentional misrepresentation and false promise. Plaintiff Ðiled two separate notices of lis pendens on August 1 and 3, 2023. On October 9, 2023, Defendant, previously self-represented, substituted in counsel, Shirin Buckman, as Defendant's counsel of record. On October 31, 2023, Plaintiff ...
2023.12.07 Motion to Compel Further Responses 277
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.07
Excerpt: ...manufactured by FCA. The vehicle allegedly suffered from substantial safety defects which FCA failed to remedy in violation of the Song-Beverly Consumer Warranty Act (“the SBA”). II. ARGUMENTS Plaintiff requests an order to compel Defendant's further responses to special Interrogatories and request for request for production of documents served on April 14, 2023. Defendant served unverified responses to written discovery on May 17, 2023, and ...
2023.12.05 Motion to Set Aside Settlement 783
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.05
Excerpt: ... settlement was conditioned upon Defendant, County of Los Angeles, using their best efforts to expedite the settlement's approval by the Los Angeles County Board. Plaintiff argues that it has been nearly eight months since settlement, and Plaintiff has not received the settlement funds. Defendant argues Plaintiff relies on language contained in a confidential mediator's proposal which is irrelevant, not binding, and unenforceable. Plaintiff does ...
2023.12.05 Motion for Judgment on the Pleadings 214
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.05
Excerpt: ...ole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of instrument, (3) quiet title, (4) slander of title, (5) fraudulent concealment, (6) theft, (7) intentional infliction of emotional distress, and (8) declaratory and injunctive relief. Plaintiff moves for judgment on the pleading on grounds the Defendant's second amended answer fails to state sufficient facts to constitute a defense to the FAC. Defense counsel ...
2023.12.05 Demurrer to FAC 580
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.12.05
Excerpt: ...Defendant, Los Angeles Unified School District, demurs to the second cause of action on grounds AB 218 created a new liability and is an unconstitutional gift of public funds. The appropriation of public funds for unenforceable claims serves no public purpose. In opposition, Plaintiff argues that AB 218 did not create a gift of public funds nor an unconstitutional gift. The legislation was for a public purpose. In reply, Defendant clarifies that ...
2023.11.30 Motion for Attorney Fees 270
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.30
Excerpt: ...t trial at which Defendant, Warren Jeffrey, did not appear, the Court entered judgment for $97,409.37, comprised of the principal amount alleged in the complaint, prejudgment interest, and costs. Defendant Jeffrey was the remaining Defendant after the Court struck Defendant Zircon's answer on November 29, 2022. Plaintiff requests an award of $25,768.00 in attorney's fees as provided in the credit application signed by Defendants. Defendant did no...
2023.11.30 Motion for Judgment Notwithstanding the Verdict 210
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.30
Excerpt: ... the related matter, BC714096 SIWY Denim, Inc, Raven Denim, Inc, Kiwi Media Group, USA, Inc. v. Kris Park, Defendants alleged claims for breach of contract breach of the implied covenant of good faith and fair dealing, fraud, negligence misrepresentation, conversion, and breach of fiduciary duty. On July 31, 2023, the jury rendered its verdict in favor of Plaintiff, Kris Park (“Park”), and SIWY (collectively, “Plaintiffs”). At trial, the ...
2023.11.30 Motion for Judgment on the Pleadings 304
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.30
Excerpt: ...les Unified School District (LAUSD) moves for judgment on the pleading. The legislation enacting Civil Procedure § 340.1 (“AB 218”) retroactively and impermissibly revived claims previously barred, and the amendment effectively stripped Defendant of immunity. AB 218 removed a substantive element of Plaintiff's claim, which was to allege compliance with the Government Claims Act (“GCA”). The legislation constitutes an impermissible gift o...
2023.11.30 Motion to Quash Service of Summons 095
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.30
Excerpt: ...Plaintiff claimed to have served Denise Kontos (“Decedent”) on August 28, 2023, although she died in September of 2022. Plaintiff did not file an opposition by November 28, 2023 (nine court days before the hearing). (Code Civ. Proc., § 1005 subd. (b).) Defendant can move to quash service of summons based on the court's lack of jurisdiction over Defendant. (Code Civ. Proc., § 418.10, subd. (a)(1).) Plaintiff bears the burden of proving by a ...
2023.11.30 Motion to Transfer 863
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.30
Excerpt: ...dual capacity as well as successor-in-interest to the Estate of Alexzander Clark. Plaintiff moves to transfer this case to any other district in Los Angeles County in the interest of preserving the Court's appearance of impartiality. Plaintiff contends that defense counsel has a mentoring relationship with the Honorable Michael Shultz, and that Defendant, Rashaan M. Everett's, mother, the Honorable Laura Walton, is a judicial officer also presidi...
2023.11.28 Motion to Quash, or for Protective Order, for Sanctions 124
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.28
Excerpt: ...aintiff after he reported unlawful label tampering on meat products by changing the expiration date. Plaintiff alleges 12 employment-related causes of action arising from the alleged misconduct. II. ARGUMENTS Plaintiff argues that Defendant issued a subpoena to Plaintiff's employer, 7-11, Inc. demanding production of all employment records. The subpoena is impermissibly overbroad and violates Plaintiff's privacy. In opposition, Defendant argues t...
2023.11.16 Motion to Compel Further Responses 598
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.16
Excerpt: ...ndant failed to comply with its statutory obligations to replace the vehicle or pay restitution after failing to repair the defects, all in violation of the Song-Beverly Consumer Warranty Act (“SBA”). II. ARGUMENTS On March 23, 2023, Plaintiffs served a document request on Defendant. Defendant served unverified, incomplete, and deficient responses on May 24, 2022. Plaintiffs' counsel sent numerous letters and emails to Defendant to informally...
2023.11.16 Motion for Judgment on the Pleadings 492
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.16
Excerpt: ...ntional inÐliction of emotional distress, and public entity liability under Gov Code § 815.2 and 815.4. II. ARGUMENTS Defendant moves for judgment on the pleading as to all claims, but speciÐically the third cause of action for public entity liability. While the legislation enacting Civil Procedure § 340.1 (“AB 218”) retroactively revived claims that were previously barred by the statute of limitations, Defendant contends the amendment ...
2023.11.16 Demurrer 792
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.16
Excerpt: ...ecedent against his religious beliefs. Plaintiffs allege claims for (1) negligent infliction of emotional distress, (2) negligence per se (3) unlawful business practices, (4) Unruh Civil Rights Act (“Unruh”) (5) breach of contract and (6) breach of the implied covenant of good faith and fair dealing. II. ARGUMENTS Defendant demurs to the fourth cause of action for violation of the Unruh Civil Rights Act on grounds Plaintiffs lack standing to ...
2023.11.14 Motion for Relief from Court Order 314
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.14
Excerpt: ...sment, retaliation, and other employment-related claims. II. ARGUMENTS Defendants request relief from the Court's order of September 14, 2023, that vacated the prior order compelling this matter to arbitration. Because of defense counsel's mistake of law, the arbitrator did not receive the arbitration payment by the due date of July 7, 2023. Counsel believed that payment was timely when made, not received by the arbitrator under Civil Procedure s...
2023.11.02 Special Motion to Strike FACC, to Continue Pre-Trial Deadlines 267
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.02
Excerpt: ...DLINE TO APPLY FOR A DEFAULT JUDGMENT AGAINST CROSS-DEFENDANT, CAST GROUP, LLC UNTIL TWO WEEKS AFTER THE CONCLUSION OF TRIAL IN THE UNDERLYING LITIGATION I. BACKGROUND This action arises from the alleged conversion of a container of gloves, purchased by Plaintiff and stored at a warehouse owned by Defendant, Midas Express, Inc., (“Midas”). The operative third amended complaint (“TAC”) alleges that Midas wrongfully transferred the containe...
2023.11.02 Motion to Compel Further Responses, for Sanctions 214
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.02
Excerpt: ...SES TO SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE AND FOR SANCTIONS I. BACKGROUND The verified, first amended complaint (“FAC”) alleges that Defendant, Romona King (“King”), forged Plaintiff's signature on a quitclaim deed purporting to transfer Plaintiff's 50 percent interest in real property to Defendant, leaving Defendant as the sole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of in...
2023.11.02 Motion for Post Judgment Attorney Fees 281
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.11.02
Excerpt: ...30.48. On October 23, 2023, Plaintiff filed an acknowledgement that the judgment was partially satisfied. Plaintiff moves for attorney's fees of $23,997 and costs of $98,721.59 incurred in connection with judgment enforcement and recovery efforts. The fees and costs were reasonable and necessarily incurred. III. DISCUSSION A judgment creditor is entitled to reasonable and necessary costs of enforcing a judgment. (Code Civ. Proc., § 685.040). The...
2023.10.31 Demurrer to FAC 075
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.31
Excerpt: ...erty and make partial payments for all mortgage, principal, interest, taxes, and insurance. Defendants allegedly transferred their 50 percent interest in their trust but designated their interest as 83.33 percent. Plaintiff alleges claims for breach of contract, quiet title, and declaratory relief. Defendants, Teodoro Salazar and Elva Salgado, Trustees of the Salazar Living Trust (“Trust”) demur to all causes of action for failure to state cl...
2023.10.27 Motion for Summary Judgment, Adjudication 247
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.27
Excerpt: ...public nuisance per se and public nuisance. Defendant Bank of New York Mellon (“Bank”) is Trustee with a beneficial interest in the real property. (Complaint ¶ 11.) Defendant, MTC Financial became the substituted trustee. (Complaint, ¶ 12.) Bank filed its amended answer to the complaint on December 2, 2021. The clerk entered default against Defendant, Advantix Lending, Inc. and Ditech Financial LLC, December 10, 2021. Plaintiff dismissed MT...
2023.10.27 Demurrer 833
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.27
Excerpt: ...Serve notice of the Court's ruling on all parties entitled to receive service. If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be tak...
2023.10.24 Motion to Strike Answer 214
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.24
Excerpt: ...ant, leaving Defendant as the sole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of instrument, (3) quiet title, (4) slander of title, (5) fraudulent concealment, (6) theft, (7) intentional infliction of emotional distress, and (8) declaratory and injunctive relief. Defendant answered the complaint on April 7, 2022. On September 6, 2023, Defendant filed a First Amended Verified Answer with leave of court. II. A...
2023.10.24 Motion to Compel Deposition of PMQ, for Sanctions 294
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.24
Excerpt: ...t Defendant failed to repair within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to produce its person most qualified (“PMQ”) to testify on the topics identified in Plaintiff's Notice of Deposition served on August 16, 2023. Plaintiff requested four matters for examination and six categories of document requests. Defendant made boilerplate...
2023.10.24 Motion for Leave to File FAC 700
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.24
Excerpt: ...s 16 causes of action for breach of implied warranty of habitability and related claims. II. ARGUMENTS Plaintiff requests leave to add a claim for unlawful lockout, denial of a pre-move out inspection, bad faith retention of deposit, unlawful entry, and assault and battery. Plaintiff argues that Defendants engaged in additional acts of misconduct after the filing of the complaint. The new claims are based on the same set of facts. Defendants will...
2023.10.24 Motion for Judgment on the Pleadings 143
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.24
Excerpt: ...iff alleges claims for negligence and negligent hiring, retention, and supervision. II. ARGUMENTS Defendant, Compton Unified School District, demurs to all claims on grounds Assembly Bill 218 which attempted to retroactively revive claims such as Plaintiff's is unconstitutional. This Court never had jurisdiction over this lawsuit. The imposition of liability for a past act of negligence is construed as giving a gift of public funds (“the Gift C...
2023.10.24 Demurrer, Motion to Strike 048
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.24
Excerpt: ...s' purchase of Main Street Gas & Food Mart (“the Mart”). Plaintiff contends Defendants deprived him of his shares and joint ownership of the Mart. RHDM and Ansari (collectively, “RHDM” or “Cross-Complainants”) filed a cross-complaint against Hesham Elbialy; Elbialy Group, Inc.; HM Petroleum Group, Inc, and Emesiry, Inc. (“Elbialy” or “Cross- Defendants”) and Monem alleging 17 causes of action for breach of contract among other...
2023.10.17 Motion to Strike SAC 738
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.17
Excerpt: ...tiff alleges claims for conversion and theft. On August 8, 2023, the Court denied Plaintiff's Motion for Summary Judgment/Adjudication and denied Plaintiff's oral request to continue the hearing and for leave to amend the complaint. On August 15, 2023, Plaintiff filed a First Amended Complaint (“FAC”) without leave of court, deleting the claim for conversion and adding claims for embezzlement of real property, fraud, statutes of fraud. II. AR...
2023.10.17 Demurrer 774
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.17
Excerpt: ...CHOOL DISTRICT'S COMPLAINT BACKGROUND Plaintiff, Los Angeles Unified School District ("LAUSD"), alleges that Defendant Watts Learning Center Foundation, Inc. ('Watts") breached an obligation set forth in its Charter Petition to provide liability insurance covering LAUSD, and to defend, indemnify, and hold LAUSD harmless against any claims for damages arising out of the Charter Petition. LAUSD alleges claims for breach of contract and declaratory'...
2023.10.17 Demurrer 476
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.17
Excerpt: ...t Plaintiff attended Watts Learning Center Charter Middle School (“Watts”) operated by Los Angeles Unified School District (“LAUSD”). Plaintiff's mother, Veronica Hamid, alleges that she requested that Plaintiff be excused from physical activities to accommodate Plaintiff's medical condition (“brittle bone disease”). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class, w...
2023.10.10 Demurrer, Motion to Strike 700
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.10
Excerpt: ...iff alleges 16 causes of action for breach of implied warranty of habitability and related claims. II. ARGUMENTS Plaintiff demurs to the answer filed by Defendants, Wily Orios Barrios and W.B.E. Properties, Inc., (collectively “Defendants”) on grounds it fails to state facts to constitute a defense, is uncertain and the 51 affirmative defenses do not refer to the causes of action to which they are intended to answer. They are “boilerplate�...
2023.10.10 Demurrer 501
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.10
Excerpt: ...exual abuse, intentional infliction of emotional distress, negligent hiring/supervision/retention, violations of the Government Code, and negligence. II. ARGUMENTS Defendant, Los Angeles Unified School District (“LAUSD”), demurs to all claims on grounds Plaintiff did not present a timely government tort claim prior to filing the complaint in 1978. Assembly Bill 218 which attempted to retroactively revive claims such as Plaintiff's is unconsti...
2023.10.05 Demurrer 906
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.05
Excerpt: ...real property. Plaintiffs allege that Defendant Bonnie conspired with the realtor, T. LaRoche, and the buyers, Alvaro Zavala and 9GP Industries (collectively, “the Buyers”), to deceive Plaintiffs by selling the property for significantly less than the property was worth without consulting Plaintiffs. The complaint alleges claims for unfair business practices, fraud, and conspiracy to commit fraud. II. ARGUMENTS The buyer Defendants argue that...
2023.10.05 Demurrer, Motion to Strike 051
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.05
Excerpt: ...Song-Beverly Consumer Warranty Act (the “Warranty Act”) and a claim for fraudulent concealment. II. ARGUMENTS Defendant argues that all claims are barred by the three-year statute of limitations for fraud and the four-year statute of limitations for violations of the Act. The limitations period is not tolled. The fraud claim does not meet the heightened standard of pleading. The claim for fraudulent concealment fails because Defendant would o...
2023.10.03 Motion to Expunge Lis Pendens 086
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.03
Excerpt: ... property at issue to Plaintiff, his son, who was a co-partner of the J.W. Young Trucking Company. However, Plaintiff's father transferred the real property to the Trust without Plaintiff's knowledge or consent, although Plaintiff has been paying property taxes, maintenance, and improvements. Plaintiff alleges claims for quiet title, for declaratory relief, and specific performance. II. ARGUMENTS Defendant asks for an order to expunge the Notice ...
2023.10.03 Motion to Compel Binding Arbitration 541
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.03
Excerpt: ...not repair. Plaintiff alleges violations under the Song- Beverly Consumer Warranty Act (the “SBA”). Defendant Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (FAA) as required by the Retail Installment Sales Contract (Sales Contract) that Plaintiffs signed at the time of purchase. The Sales Contract required arbitration of all claims arising out of the purchase or condition of the ...
2023.10.03 Anti-SLAPP Motion 461
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.10.03
Excerpt: ...hat a vehicle he bought from Hertz was defective, and defendants failed to correct the defects pursuant to the warranty. However, the Hon. Daniel Ottolia allegedly refused to hear any of Plaintiffs motions for breach of settlement agreement and dismissed the case, but retained jurisdiction pursuant to Civil Procedure, section 664.6. Defendants, Hertz, Ally Bank ("AIM'), and their attorneys refused to comply with the settlement agreement Plaintiff...
2023.09.26 Motion to Set Aside Default 577
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.26
Excerpt: ...roperty. Plaintiff alleges contract-related claims, fraud, quiet title, and partition of real property. On April 10, 2023, the Court entered default against Defendant, Cesar Avila. On July 6, 2023, Defendant filed this motion to set the default aside, arguing that default was entered against him because of his mistake, inadvertence, surprise, or excusable neglect. He did not understand the significance of the complaint or other court documents fi...
2023.09.26 Motion to Compel Further Responses 171
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.26
Excerpt: ...reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant's further responses to request for production of documents served on Defendant on August 19, 2022. Defendant made boilerplate objections and refused to provide code-compliant responses. In opposition, Defendant argues Plaintiff refused to narrow the requests. Plaintiff did not meet and confer. Defenda...
2023.09.26 Motion for Summary Judgment, Adjudication 161
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.26
Excerpt: ...elated injury on January 9, 2017. Plaintiff contends that Defendants retaliated against Plaintiff for exercising his right to receive workers' compensation benefits and medical care. Plaintiff alleges 10 causes of action for discrimination, retaliation and related violations of the Fair Employment and Housing Act, as well as wage and hour claims under the Labor Code. On August 26, 2021, Plaintiff dismissed the eighth cause of action for failure t...
2023.09.26 Motion for Judgment on the Pleadings 138
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.26
Excerpt: ...laintiff alleges Defendant dissolved the Company and transferred title to the truck to herself without Plaintiffs consent. Plaintiff alleges claims for breach of contract, fraud, conversion, claim and delivery, breach of fiduciary duty, accounting, unjust enrichment, and common counts. 11. ARGUMENTS Defendant argues that all causes of action are defective and leave to amend should not be granted. Instead of filing an opposition, Plaintiff request...
2023.09.26 Demurrer, Anti-SLAPP Motion to Strike 461
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.26
Excerpt: ...that Plaintiff settled an underlying dispute against Hertz Car Rental ("Hertz"), that was filed in Riverside County ("Crawford I"). Plaintiff alleges that a vehicle he bought from Hertz was defective, and defendants failed to correct the defects pursuant to the warranty. However, the Hon. Daniel Ottolia allegedly refused to hear any of Plaintiffs motions for breach of settlement agreement and dismissed the case, but retained jurisdiction pursuant...
2023.09.26 Demurrer 858
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.26
Excerpt: ... the judgment despite Plaintiff 's efforts to enforce judgment. Plaintiff alleges Tricap has undertaken efforts to conceal its assets by commingling assets with other entities, transferring assets to Defendants, Caryn Blanc and Allan Parker, and that Defendant, ADP Express, LLC (“ADP”) is Tricap's alter ego. Plaintiff alleges claims for actual and constructive fraudulent conveyance, for an order setting aside a void encumbrance or lien and fo...
2023.09.15 Motion to Compel Binding Arbitration 495
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.15
Excerpt: ...hicle contained or developed electrical and engine system defects. Defendant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (the “SBA”). Plaintiffs allege claims for violations of the SBA against Honda and a claim for negligent repair against Gardena Honda. Defendant Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (FAA) as required by t...
2023.09.14 Motion to Vacate Order Compelling Arbitration, for Sanctions and Evidence Sanctions 314
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.14
Excerpt: ...ff's employment with Defendants. Plaintiff alleges 17 causes of action for discrimination, failure to accommodate, harassment, retaliation, and other employment-related claims. On May 20, 2021, the Hon. Kristin S. Escalante granted Defendant's motion to compel this matter to arbitration based on the plaintiff's stipulation to withdraw its opposition to the motion. (Stip. and Ord. 5/20/21.) II. ARGUMENTS Plaintiff now moves to vacate Judge Escalan...
2023.09.12 Motion for Reconsideration 248
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.09.12
Excerpt: .... A court trial commenced on September 1, 2022. At the conclusion of trial, the Court granted Defendant's motion for a nonsuit and entered judgment for Defendant. On July 25, 2023, the Court denied Plaintiff's unopposed motion to vacate judgment and for a new trial. A motion to reconsider must be made 10 days from written notice of entry of the order. (Code Civ. Proc., § 1008, subd (a)). The clerk served notice of the Court's July 25, 2023, ruli...
2023.08.29 Motion for Summary Judgment, Adjudication 237
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.29
Excerpt: ...ed by Defendant, Grace Garden Homeowners Association (“HOA”). Plaintiffs later substituted Estrella Tietz (“Tietz), the HOA's president, for Doe 1. Plaintiffs allege that Defendants violated provisions of the Covenants, Codes, and Restrictions (“CC&Rs”) by refusing to intervene in Plaintiffs' parking dispute with their neighbors, failing to keep common areas lighted, and for building a pergola on the common area patio between Plaintiffs...
2023.08.29 Demurrer to SAC 412
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.29
Excerpt: ...ing and shipping supplies delivered to Defendants totaling $60,195.54. Plaintiff alleges claims for fraud, negligence, breach of contract, and open book account. On May 4, 2023, the Court sustained Defendants' demurrer to the first amended complaint with leave to amend but overruled the demurrer to the alter ego allegations. Defendants filed a second amended complaint on May 12, 2023. II. ARGUMENTS Defendants, PR Logistics, LLC (“Logistics”);...
2023.08.24 Motion for Terminating Sanctions or for Issue, Evidence Sanctions 305
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.24
Excerpt: ...or. Plaintiff alleges that Johnson engaged in acts of discrimination and harassment against Plaintiff based on her race and national origin. Plaintiff alleges claims in violation of the Fair Employment and Housing Act and a claim for whistleblower protection. On May 15, 2023, the Court issued an order to show cause why sanctions should not be imposed for Plaintiff's failure to appear at the Case Management Conference. On June 20, 2023, the Court ...
2023.08.22 Motion to Compel Deposition of PMQ, for Sanctions 224
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.22
Excerpt: ...led to repair within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to produce its person most qualified (“PMQ”) to testify on the categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on August 24, 2022. Defendant objected twice with boilerplate objections and subsequently agreed to produce a witne...
2023.08.17 Motions to Compel Responses, for Sanctions 138
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.17
Excerpt: ...g, LLC, (the "Company") to provide delivery services to third parties. To that end, the Company bought a 2016 Peterbilt tractor truck. Plaintiff alleges Defendant dissolved the Company and transferred title to the truck to herself without Plaintiff's consent. Plaintiff alleges claims for breach of contract, fraud, conversion, claim and delivery, breach of fiduciary duty, accounting, unjust enrichment and common counts. ARGUMENTS Plaintiff served ...
2023.08.17 Motion to Compel Further Responses, for Sanctions 190
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.17
Excerpt: ...' MOTION TO COMPEL FURTHER VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT, KIPP FOUNDATION; REQUEST FOR SANCTIONS I. BACKGROUND The first amended complaint (“FAC”) alleges that Plaintiff, Courtney Gregory (“Plaintiff”), while employed as a teacher for Defendant, KIPP SoCal Public Schools (“KIPP”), was injured after a student attacked her with a chair. Plaintiff alleges claims for f...
2023.08.17 Motion for Determination of Good Faith Settlement 007
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.17
Excerpt: ...endant, Hilliard Contracting Services ("Hilliard") (now dismissed) and H20 Dynamics ("H20"), who were contracted to install rain barrels at the insured's home. Plaintiff paid insurance benefits to its insured. On March 30, 2022, H20 filed a cross-complaint against Cross-Defendant Hilliard for implied indemnity, contribution, and declaratory relief. ARGUMENTS Defendant Hilliard requests a determination that its settlement with Plaintiff for $21,50...
2023.08.17 Demurrer 610
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.17
Excerpt: ...ies. Plaintiff alleges claims for sexual assault on a minor, intentional infliction of emotional distress, negligent hiring, supervision, and retention of Doe 2, negligent supervision of a minor, and negligence. II. ARGUMENTS Defendant Doe 1, sued as Greater Faith Missionary Baptist Church of Los Angeles (“Church”), demurs to the entire complaint on grounds all claims are barred by the statute of limitations. The third cause of action for neg...
2023.08.15 Demurrer 783
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.15
Excerpt: ... fraud and for equitable remedies. Defendant, Ray Christopher Chacon San Miguel ("Chacon"), filed a cross-complaint against Plaintiffs and others alleging three counts of fraud, violation of the unfair competition law, and declaratory relief. The cross-complaint essentially alleges that in an effort to take control of THC, Cross-Defendants, Mondler Khaira ("Khaira"), Allen Dana ("Dana"), and Quyen Kiet ("Klet"), engaged in a fraudulent scheme to ...
2023.08.15 Demurrer 276
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.15
Excerpt: ... Plaintiff alleges claims for (1) medical malpractice, (2) medical battery, and (3) failure to obtain informed consent. II. ARGUMENTS Defendants argue that the second cause of action for medical battery and the third cause of action for failure to obtain informed consent are barred for Plaintiff's failure to present a timely government claim prior to commencing suit. The battery claim is barred by the two-year statute of limitations and otherwise...
2023.08.10 Demurrer 833
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.10
Excerpt: ...ndant remains in possession. II. ARGUMENTS Defendant demurs to all four causes of action for failure to state a claim, on grounds the notices to pay rent or quit supporting each cause of action are contradictory. Plaintiff argues that the complaint is well pled and not based on contradictory notices. In reply, Defendant argues that while contradictory notices can be served simultaneously, they do not specify if they are separate notices of indepe...
2023.08.08 Motion for Summary Judgment, Adjudication 738
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.08
Excerpt: ...surplus funds. Plaintiff alleges claims for conversion and theft. II. ARGUMENTS Plaintiff argues he is entitled to judgment in his favor. As he was the trustor of the Deed of Trust in Defendants' favor, he was entitled to priority for distribution of the surplus funds. No other party has superior priority. Alternatively, Plaintiff asks for summary adjudication of each cause of action. In opposition, Defendants argue that the motion is procedurall...
2023.08.08 Demurrers to TAC, Motions to Strike 347
Location: Los Angeles
Judge: Shultz, Michael
Hearing Date: 2023.08.08
Excerpt: ...C”) alleges that Defendant, Venice Family Clinic (the “Clinic”) and its employees, Patricia Mendez, R.N.; and Jasmyn Tapiaarevolo, LVN, vaccinated, Bella King-Harvey (“Bella”), the daughter of Plaintiff, Kimberly King (“King”), against COVID-19 without King's permission on October 2, 2021, and October 23, 2021. Plaintiff King did not consent to have her daughter vaccinated. Plaintiffs allege 14 causes of action for negligence, inten...

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