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2024.04.18 Demurrer to FAC 559
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.18
Excerpt: ...rer to the entire FAC as to Defendant Vargo is sustained with leave to amend. The demurrer to the fourth cause of action for civil theft is sustained with leave to amend and overruled as to the second cause of action for conversion. Plaintiffs are granted 30 days leave to amend. The court continues the Case Management Conference to, and sets the OSC RE: Amended Complaint for, May 30, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On A...
2024.04.12 Motion to Quash Service of Summons 626
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.12
Excerpt: ...: Defendants Markos Vivian and Asia Top City Ltd.'s Motion to Quash for Lack of Personal Jurisdiction is denied. Defendants Vivian and ATC are to file an Answer within 10 days. The Court continues the Case Management Conference to May 2, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On January 11, 2023, Zahem Al Zahem; the Estate of Subheyah Al Muqahwi by and through administrator Ahmad Yousif Alomani; Fahad Al Omani; Mossaffa LLC; Abd...
2024.04.12 Demurrer 818
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.12
Excerpt: ... Trust, dated March 19, 2016. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Demurrer to Cross -Complaint OPPOSITION: 29 March 2024 REPLY: 4 April 2024 TENTATIVE: Cross -Defendant Star Parking's demurrer to the first and second causes of action in the Cross- Complaint are sustained with leave to amend. Cross - Complaints are granted 30 days leave to amend. The court sets the OSC RE: Amended Cross-Complaint for May 16, 2 024, at 8:30 a.m. Mo...
2024.04.11 Motion for Summary Judgment, Adjudication 546
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.11
Excerpt: ...LAUSD's request for summary judgment is denied. LAUSD's request for summary adjudication is granted as to the fourth cause of action and denied as to the first, second, and third causes of action. Defendant to give notice. BACKGROUND This action arises from the employment of Deborah Mak (“Mak”) and Brent Palmer (“Palmer”) (collectively “Plaintiffs”) by Defendant Los Angeles Unified School District (“LAUSD” or “District”). In O...
2024.04.09 Demurrer 872
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.09
Excerpt: ...with 30 days leave to amend as to the first cause of action for breach of contract, the second cause of action for fraud and the third cause of action for negligent misrepresent ation. The court sets an OSC Re: Amended Complaint for May 10, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On October 10, 2023, Kevin Kim (“Plaintiff”) filed a Complaint against Bruce Haebong Lee (“Lee”); Seven Seung Woo Bae (“Bae”); Masters Realt...
2024.03.29 Motion for Protective Order, to Quash Deposition Subpoena 552
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.29
Excerpt: ...2 March 2024 TENTATIVE: Petitioner's motion for a protective order is denied. Petitioner's alternative motion to quash the subpoena is granted. Petitioner to give notice. BACKGROUND On February 21, 2024, American International Industries (“A -I- I” or “Petitioner”) filed a Petition for a Protective Order and to Quash Deposition Action Pending Outside of California. This petition relates to an action filed on May 8, 2023, in the State of W...
2024.03.29 Demurrer 052
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.29
Excerpt: ...dant to give notice. BACKGROUND On October 23, 2023, Jess and Carlos Phoenix (collectively “Plaintiffs”) filed a Complaint against Defendants La Tuna Stables LLC, Sheila McClure and Steven McClure (collectively “Defendants”) and Does 1 to 10. The Complaint alleges fifteen causes of action: (1) Breach of Contract, (2) Breach of Implied Contract, (3) Breach of Implied Covenant of Good Faith and Fair Dealing, (4) Breach of Fiduciary Duty, (5...
2024.03.27 Demurrer 872
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.27
Excerpt: ...sets a Non-Appearance OSC Re: Lee's Answer for April 30, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On October 10, 2023, Kevin Kim (“Plaintiff”) filed a Complaint against Bruce Haebong Lee (“Lee”); Seven Seung Woo Bae (“Bae”); Masters Realty Group, Inc. (“MRG”); Masters Realty & Investment (“MRI”) (a corporation); Masters Realty & Investment (a business) ; and Does 1 – 50.) The operative Complaint alleges three...
2024.03.27 Demurrer 662
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.27
Excerpt: ...ed 30 days leave to amend. The court sets a Non-Appearance OSC RE: Amended Complaint for May 3, 2024, at 8:30 a.m. The Case Management Conference is taken off calendar. Defendant to give notice. BACKGROUND On July 18, 2023, Anthony Wheaton pka Sir Jinx (“Plaintiff”) filed a Complaint against Grand Hustle Records, LLC (“Hustle”); Roc Nation, LLC (“Roc Nation”), and Does 1 to 50. The Complaint alleges four causes of action: (1) breach o...
2024.03.26 Motion for Judgment on the Pleadings 180
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.26
Excerpt: ...TIVE: Defendant City's MJOP is granted with leave to amend. Plaintiff is given 30 days leave to amend the Complaint. OSC Re. Amended Complaint set for April 30, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On July 11, 2023, the Estate of Reginald Humphry by and through, Deana Dodd, as Administratrix of the Estate (hereinafter “Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant City”). The Complaint allege...
2024.03.21 Motion for Discovery of Peace Officer Personnel Records 507
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.21
Excerpt: ...urt orders the custodian of records for the City of Los Angeles to appear and produce all potentially relevant writings and specifically those requested herein for an in camera review on ___ . Plaintiff to give notice. BACKGROUND On August 31, 2022, Cesar Contreras (“Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant”) and Does 1 to 100 alleging a single cause of action for retaliation in violation of Labor Code § ...
2024.03.19 Motion to Quash Service of Summons and FACC, to Stay or Dismiss Action Due to Forum Non Conveniens 157
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.19
Excerpt: ...TION: 27 February 2024 REPLY: 4 March 2024 TENTATIVE: Special appearing Defendant Alexander Early's motion to quash service of summons on FACC is granted. Defendant to give notice. BACKGROUND This is a family dispute arising in connection with real property located at 336 Flintridge Oaks Drive, La Canada -Flintridge, California, 91011 (the “Property”). Plaintiff Lucia Early (“Lucia”) alleges that she is the sister of Defendant, John D. Ea...
2024.03.18 Motion for Judgment on the Pleadings 483
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.18
Excerpt: ...ndants' MJOP is denied. Defendants to give notice. BACKGROUND On December 9, 2022, Consumer Advocacy Group, Inc. (“Plaintiff”) filed a Compl aint against Walmart, Inc.; Walmart.com USA, LLC; Kreassive, Inc.; Kreassive, LLC; Jeollanam-Do Los Angeles Trade Office, Inc.; and Does 1 to 20 for Violation of the Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 (Health Saf. Code § 25249.5. et seq.) Defendants Kreassive, Inc....
2024.03.14 Motion for Summary Judgment, Adjudication 683
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.14
Excerpt: ...PPOSITION: 7 February 2024 REPLY: 16 February 2024 TENTATIVE: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. Defendants to give notice. BACKGROUND This action arises in connection with the employment of Nichole Martinez (“Plaintiff”) by Defendant Southern California University of Health Sciences (“SCUHS”) as its Director of Health Systems Business Development. Plaintiff alleges that she beg...
2024.03.14 Demurrer 235
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.14
Excerpt: ...cause of action for promissory fraud and sustained with leave to amend to the fifth cause of action for common law misappropriation, seventh cause of action for libel, and eighth cause of action for libel per se. Plaintiff is given 30 days leave to amend. OSC re: Amended Complaint set for __. The Case Management Conference is continued to ___. Defendant Tahiri to give notice. BACKGROUND On September 14, 2023, Qiang Yang aka Michelle Yang (“Plai...
2024.03.13 Demurrer to SAC 315
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.13
Excerpt: ...trike is denied. Defendant to file an Answer within 10 days and to give notice. The court sets an OSC Re: Answer for March 28, 2024, at 8:30 a.m. and continues the Case Management Conference to that date and time. Defendant to give notice. BACKGROUND On August 10, 2023, Wilshire Crescent Heights, LLC (“Plaintiff”) filed a Complaint against Michael Cherbakov (“Defendant”) for unlawful detainer. On October 13, 2023, Plaintiff filed a First ...
2024.03.12 Motion for Judgment on the Pleadings 737
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.12
Excerpt: ...' motion for judgment on the pleadings is granted in part. The motion is granted as to Plaintiff Joseph Daneshard without leave to amend and denied as to Plaintiff Daneshard Law Firm, APC. Defendants to give notice. BACKGROUND On October 3, 2022, Joseph Daneshard and Daneshard Law Firm, APC (collectively “Plaintiffs”) filed a Complaint against Daniel Davidovitz; D and M General Constructor, Inc. (collectively “Defendants”); and Does 1 to ...
2024.03.07 Demurrer, Motion to Strike 726
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.07
Excerpt: ... in part as to the first cause of action for conversion, second cause of action for breach of contrac t, and sixth cause of action for violation of Bus. & Prof. Code § 1700 et seq. and overruled as to the fifth cause of action for unjust enrichmen t. Defendants' motion to strike is granted with leave to amend. Plaintiff is granted 30 days leave to amend. OSC re: Amended Complaint set for __. Defendants to give notice. BACKGROUND On September 19,...
2024.03.06 Demurrer, Motion to Strike 165
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.03.06
Excerpt: ...inor by and through her guardian ad litem, Landi Mendez; and Dylan Antonio Noh a minor by and her his guardian ad litem, Lani Mendez TRIAL DATE: Not Set. PROOF OF SERVICE: OK PROCEEDING: Demurrer to Complaint with Motion to Strike OPPOSITION: 15 February 2024 REPLY: None filed. TENTATIVE: Defendants' demurrer to the Complaint is overruled as to the first, second, and third causes of action and sustained with leave to amend as to the fourth cause ...
2024.02.29 Demurrer to SAC 638
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.29
Excerpt: ...Demurrer to Second Amended Complaint OPPOSITION: 15 February 2024 REPLY: 22 February 2024 TENTATIVE: Defendant Trustees' demurrer is granted without leave to amend BACKGROUND On September 2, 2021, Plaintiff filed a Complaint against Defendant Franklin Burns and Does 1 to 50 for Negligence. On December 14, 2022, the parties stipulated to allow Plaintiff to file a First Amended Complaint to correct the Complaint by naming the true Defendant Frankli...
2024.02.29 Demurrer to FAC 819
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.29
Excerpt: ...herwise overruled. Plaintiff is granted 10 days leave to amend. A Non -Appearance OSC Re: Amended Complaint is set for March 27, 2024, at 8:30 a.m. The Cas e Management Conference is continued to May 10, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On August 29, 2023, Maria Elena Ortiz (“Plaintiff”) filed a Complaint against Cristina Chavez (“Defendant”) and Does 1 to 10. The operative First Amended Complaint (“FAC”) allege...
2024.02.28 Motion to Compel Arbitration and Stay Action 208
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.28
Excerpt: ...024 TENTATIVE: Defendants' motion to compel arbitration and stay the action is granted as to the newly added Defendants -- Nancy Rosas, Modern HR, Inc., and Today's HR, Inc. -- and denied as to Defendants Kevin Jones and Jeff Huang. The court advances the Post -Arbitration Status Conference (“PASC”) set for February 28, 2024, to today, and continues the PASC to February 28, 2025, at 8:30 a.m. in Department 37. Defendants to give notice. BACKG...
2024.02.28 Motion to Compel Arbitration 841
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.28
Excerpt: ... began working together in the early 2000's. At some point, they were both hired by TCW. Robles was hired as Ravich's personal assistant. In June 2019, TCW fired Ravich. Robles was termin ated as well. In August of 2019, Ravich, who was CEO of Libra Securities Holdings, LLC (“Libra”), hired Robles as the Chief Operating Officer. Robles signed an Employment Agreement (“Agreement”) and Release with Libra. As relevant here, the Agreement con...
2024.02.28 Demurrer, Motion to Strike 064
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.28
Excerpt: ...with 10 days leave to amend. Defendant's motion to strike is granted with 10 days leave to amend. A Non - Appearance OSC re: Amended Complaint is scheduled for March 22, 2024, at 8:30 a.m. The Case Management Conference is taken off calendar. BACKGROUND On April 24, 2023, Joseph Nguyen, D.C. Chiropractic, Inc. (“Plaintiff”) filed a Complaint against Southwest Legal Group (“Defendant”) and Does 1 to 100, alleging a single cause of action f...
2024.02.26 Demurrer, Motion to Strike TACC 363
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.26
Excerpt: ...2024 TENTATIVE: P laintiffs/Cross -Defendants' demurrer to the TACC is overruled. Plaintiffs/Cross -Defendants' motion to strike is granted as to Paragraph 9 without leave to amend and denied as to the second cause of action in the TACC. Plaintiffs/Cross-Defendants to give notice. BACKGROUND This action arises from the formation by Plaintiff Tad Yenawine (“Yenawine”) and Defendant Alex Koons (“Koons”) of a California entity, Plaintiff Boy...
2024.02.22 Demurrer, Motion to Strike 301
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.22
Excerpt: ...ained with leave to amend. Defendant Anthem's motion to strike is granted without leave to amend as to Paragraph 22 and with leave to amend as to Paragraph 34 and the Prayer for Punitive Damages. The Plaintiff is granted 30 days leave to amend. The OSC re: amended complaint is set for __. Defendant to give notice. BACKGROUND On October 5, 2023, Leslie Oren (“Plaintiff”) filed a Complaint against Anthem Blue Cross Life and Health Insurance Com...
2024.02.21 Motion for Summary Judgment, Adjudication 234
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.21
Excerpt: ...s' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted as to the fourth cause of action for false arrest/imprisonment and denied as to the first cause of action for violation of the Bane Act, second cause of action for assault and battery, third cause of action for negligence, fifth cause of action for intentional infliction of emotional distress, and sixth cause of action for violation of Civ. Code § 43...
2024.02.20 Motion to Compel Arbitration and Stay Action 082
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.20
Excerpt: ...E: Defendants' Motion to Compel Arbitration and Stay the action is granted. Defendants to give notice. BACKGROUND O n August 12, 2023, Aaron Watkins; Watkin FBA, LLC; and Watkins Collaborations, LLC (collectively “Plaintiffs”) filed a Complaint against Ascend Ecom LLC (“Ascend”); Will Basta (“Basta”); Jeremy Leung (“Leung”) (collectively “Defendants”); and Does 1 to 10. The operative First Amended Complaint (“FAC”), filed ...
2024.02.14 Motion for Reconsideration 612
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.14
Excerpt: ...EPLY: 5 February 2024 TENTATIVE: Plaintiffs' Motion for Reconsideration is denied. Plaintiffs to give notice. BACKGROUND On July 13, 2023, Mark A. Currie, Michelle A. Currie, Michelle A. Currie, Leroy Turner, Ladiamond R. Blueford (collectively “Plaintiffs') filed a Complaint against Fire Insurance Exchange (“Defendant” or “Fire”). This action relates to an insurance policy and alleged misrepresentations Fire made to Plaintiffs regardin...
2024.02.08 Special Motion to Strike 998
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.08
Excerpt: ...s-Defendants' special motion to strike the first and second causes of action for IIEd and NIED in the Cross-Complaint is granted. BACKGROUND On July 31, 2023, Andrew and Paola Arbour (“Plaintiffs”) filed a Complaint against Mansour Youshei and Hannah Youshei (“Defendants”) and Does 1 to 20. The Complaint alleges three causes of action: (1) nuisance, (2) intentional infliction of emotional distress, and (3) Trespass. On September 1, 2023, ...
2024.02.06 Demurrer to TAC 056
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.06
Excerpt: ...ned without leave to amend as to the first, second, third, fourth, and seventh causes of action and sustained with leave to amend under the fifth and sixth cause of action only. The Plaintiff is granted 30 days leave to amend. Defendant Tellez is to give notice. BACKGROUND This action arises in connection with the sale, financing, and leasing of Defendant Throgmorton's Frame Clinics, Inc. (“Frame Clinics”), a business entity operating in Cali...
2024.02.05 Motion for Summary Judgment, Adjudication 381
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.05
Excerpt: ...TION: 5 December 2023 REPLY: 22 December 2023 TENTATIVE: Defendant Hurtado's motion for summary judgment, or in the alternative, for summary adjudication is denied. Defendant to give notice. BACKGROUND On May 7, 2021, Shana Anglin, Christopher Dean Ebersole, and minors Elijiah Makar and Rozlynn Makar through their guardian ad litem Shana Anglin (collectively “Plaintiffs”) filed a Complaint against Patrice Loraine Burton, Alex Villanueva in hi...
2024.02.01 Motion for Summary Judgment, Adjudication 381
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.01
Excerpt: ...6 December 2024 REPLY: 22 December 2024 TENTATIVE: Defendant Meng's motion for summary judgment is granted. Defendant to give notice. BACKGROUND On May 7, 2021, Shana Anglin, Christopher Dean Ebersole, and minors Elijiah Makar and Rozlynn Makar through their guardian ad litem Shana Anglin (collectively “Plaintiffs”) filed a Complaint against Patrice Loraine Burton, Alex Villanueva in his official capacity as Sheriff of Los Angeles County, and...
2024.02.01 Demurrer 843
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.02.01
Excerpt: ...CKGROUND On May 15, 2023, Kou Family Irrevocable Grantor Trust (“Plaintiff”) filed an unlawful detainer action against Stanford Mart, L.P. (“Defendant”) and Does 1 to 100. On September 14, 2023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same single cause of action for unlawful detainer. On September 25, 2023, the Defendant filed a demurrer to the FAC. The Plaintiff opposes the demurrer. DEMURRER [1] I. Legal Stan...
2024.01.31 Motion to Strike Complaint 839
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.31
Excerpt: ...“Plaintiff”) filed a Complaint against Alankar Verma, Megna Holdings, Inc., Mahmud Ulkarim, Monira Ulkarim, and Does 1 to 20. The Complaint alleges two causes of action for breach of contract and breach of guaranty. On January 3, 2024, Defendant Alankar Verma filed a motion to strike the Plaintiff's Complaint. [1] On January 18, 2024, the Plaintiff filed opposing papers. The matter is now before the court. MOTION TO STRIKE [2] I. Legal Standa...
2024.01.30 Motion to Compel Arbitration and Stay Action 799
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.30
Excerpt: ...o the second through sixth cause of action and denied as to the first cause of action. The action is stayed pending arbitration. BACKGROUND On July 7, 2023, William R. Welch (“Plaintiff”) filed a Complaint against Dalia Auto Paza, Inc. dba Diamond Buick GMC Cadillac Palmdale (“Defendant”) and Does 1 to 15. The operative First Amended Complaint (“FAC”) alleges six causes of action: (1) Violation of California's Consumer Legal Remedies ...
2024.01.30 Demurrer, Motion to Strike 420
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.30
Excerpt: ...t and third causes of action and sustained without leave to amend as to the second, fourth, fifth, and sixth causes of action. LAUSD's motion to strike is granted with 10 days leave to amend. The court set a Non-Appearance OSC re Amended Complaint for February 16, 2024, at 8:30 am. Defendant to give notice. BACKGROUND On May 22, 2023, Jeryl Smith (“Plaintiff”), filed a Complaint against the Los Angeles Unified School District (“LAUSD” or ...
2024.01.26 Motion for Summary Judgment, Adjudication 381
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.26
Excerpt: ... 04 December 2023 REPLY: 22 December 2023 TENTATIVE: Defendant Clotworthy's Motion for Summary Judgment is granted. BACKGROUND On May 7, 2021, Shana Anglin, Christopher Dean Ebersole, and minors Elijiah Makar and Rozlynn Makar through their guardian ad litem Shana Anglin (collectively “Plaintiffs”) filed a Complaint against Patrice Loraine Burton, Alex Villanueva in his official capacity as Sheriff of Los Angeles County, and Does 1 to 20. Doe...
2024.01.26 Motion to Strike Punitive Damages from FAC 939
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.26
Excerpt: ...days leave to amend from this date. The court sets a Non- Appearance OSC re Amended Complaint for February 23, 2024, at 8:30 a.m. The Case Management Conference is continued to March 28, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On June 27, 2023, Avishai Kohanzad (“Plaintiff”) filed a Complaint against Daftari Sion as Trustee of the 2006 Sion Daftari and Simin Daftari Revocable Trust (“Defendant”) alleging three causes of ac...
2024.01.25 Motion for Judgment on the Pleadings 315
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.25
Excerpt: ... the Pleadings is granted with leave to amend. Plaintiffs are granted 30 days leave to amend from this date. BACKGROUND On November 15, 2019, Sean Michaels (“Michaels”) and PB Consulting, LLC (collectively “Plaintiffs”) filed a Complaint against Christopher M. Stevens; the Law Office of Christopher M. Stevens (collectively “Stevens”); LKP Global Law (“LKP”) and Does 1 to 10.) The operative Complaint alleges a single cause of actio...
2024.01.25 Motion for Attorney Fees 562
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.25
Excerpt: ... in part. Plaintiffs are awarded $308,340.00 in attorneys' fees. No multiplier is awarded. Plaintiffs to give notice. BACKGROUND On December 4, 2019, Iris Echeverria and Carlos Castano (collectively “Plaintiffs”) filed a Complaint against Kia Motors America (“Kia” or “Defendant”) and Does 1 to 10. The Complaint alleged three causes of action related to violations of the Song-Beverly Act: (1) breach of express warranty, (2) breach of i...
2024.01.24 Motion to Strike Costs 562
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.24
Excerpt: ...t Kia's Motion to Tax Costs is granted in part and $192.02 will be taxed from Item 13. BACKGROUND On December 4, 2019, Iris Echeverria and Carlos Castano (collectively “Plaintiffs”) filed a Complaint against Kia Motors America (“Kia” or “Defendant”) and Does 1 to 10. The Complaint alleged three causes of action related to violations of the Song-Beverly Act: (1) breach of express warranty, (2) breach of implied warranty, and (3) breach...
2024.01.19 Motion to Strike 474
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.19
Excerpt: ...d through their Guardian Ad Litem, Soledad Carranza TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Motion to Strike OPPOSITION: 5 January 2024 REPLY: 11 January 2024 TENTATIVE: Defendant's motion to strike is granted. Plaintiff is granted 10 days leave to amend. The Court continues the Case Management Conference to February 23, 2024, at 8:30 a.m. and sets a Non-Appearance OSC Re: Amended Complaint for the same date and time. Defendant to gi...
2024.01.18 Demurrer to FAC 202
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.18
Excerpt: ...: 28 December 2023 TENTATIVE: The demurrer is sustained without leave to amend only as to Defendant Robert Barnhill, Defendant Estate of Robert Barnhill and Defendant Estate of Stratton Clarence Lindenmeyer. Defendant Mary Kay Barnhill to give notice. BACKGROUND On May 6, 2022, David Gibson, as executor for and on behalf of the Estate of William Henry Braun, Jr. (“Plaintiff”) filed a Complaint against Robert Barnhill; Estate of Robert Barnhil...
2024.01.17 Motion to Compel Arbitration and Stay Action 799
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.17
Excerpt: ...o the second through sixth cause of action and denied as to the first cause of action. The action is stayed pending arbitration. BACKGROUND On July 7, 2023, William R. Welch (“Plaintiff”) filed a Complaint against Dalia Auto Paza, Inc. dba Diamond Buick GMC Cadillac Palmdale (“Defendant”) and Does 1 to 15. The operative First Amended Complaint (“FAC”) alleges six causes of action: (1) Violation of California's Consumer Legal Remedies ...
2024.01.17 Demurrer, Motion to Strike 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.17
Excerpt: ...ndant LAUSD's motion to strike is moot. BACKGROUND This action arises out of the employment of VJ Hirsch (“Plaintiff”) by Defendant Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff, proceeding in pro per, alleges that LAUSD hired him in November 2003 and has worked for San Fernando High School, Reed Middle School, Mount Gleason Middle School, Van Nuys Middle School, and Roy Romer Middle School. Plaintiff alleges ...
2024.01.16 Demurrer 660
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.16
Excerpt: ...ross-Complaint is continued to February 9, 2024, at 8:30 a.m. Plaintiff/Cross-Defendant's supplemental brief is due January 24, 2024. Defendant/Cross- Complainant's supplemental brief is due January 31, 2024. Plaintiff/Cross-Complainant to give notice. BACKGROUND On June 23, 2023, Patrick Muh-En Lu (“Plaintiff”) filed a Complaint against Lootably, Inc. (“Defendant”) and Does 1 to 10. Plaintiff seeks declaratory relief regarding whether hi...
2024.01.12 Motion to Strike or Tax Costs 172
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.12
Excerpt: ...3 REPLY: 5 January 2024 TENTATIVE: Plaintiffs' Motion to Strike and/or Tax Costs is denied. BACKGROUND This premises liability action arises in connection with the apartment located at 6655 Obispo Avenue, Apt. 255, Long Beach, California 90805 (the “Subject Property”). Bruce Gayfield, Orpha Gayfield, and Vicki Wilson (“Plaintiffs”) lived in the Subject Property as lessees of Defendants 3101 E. Artesia Apartments, LLC., Amusement Industry ...
2024.01.11 Motion for Summary Adjudication 368
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.11
Excerpt: ...rust. TRIAL DATE: 30 January 2024 PROOF OF SERVICE: OK PROCEEDING: Motion for Summary Adjudication OPPOSITION: 29 November 2023 REPLY: 08 December 2023 TENTATIVE: Plaintiff's Motion for Summary Adjudication is granted as to the eighth cause of action and denied as to the first, fifth, and ninth causes of action. BACKGROUND This action involves a dispute over ownership of a property. On February 3, 2022, Lermont Moukoian (“Plaintiff” or “Ler...
2024.01.11 Motion for Preliminary Injunction 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.11
Excerpt: ...er 2023 REPLY: 3 January 2024 TENTATIVE: Cross-Complainant Ideal's Motion for a Preliminary Injunction is denied. BACKGROUND This is a breach of contract, fiduciary duty, and corporate dissolution action arising out of investments made by Plaintiffs Yue Ma (“Ma”), Lihong Zhao (“Zhao”), Sunny West Coast Co. (“Sunny”), and Hua Ming Technology Co. (“HM Tech”), into Defendant Ideal International Investment, Inc. dba Ideal Logistics (�...
2024.01.10 Motion to Quash Service of Summons 368
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.10
Excerpt: ...al Appearing Defendant's Motion to Quash is granted. The Plaintiffs' request to order Cosentino Group, S.A. to comply with jurisdictional discovery is denied. BACKGROUND On March 22, 2023, Angel Gallegos-Botello and Araceli Mejia (collectively “Plaintiffs”) filed a Complaint against various Defendants alleging six causes of action: (1) negligence; (2) strict liability – warning defect; (3) strict liability - design defect; (4) fraudulent co...
2024.01.09 Motion for Judgment on the Pleadings 034
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.09
Excerpt: ...the first cause of action is denied. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On June 29, 2023, Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. The Defendant filed a reply on November 30, 2023. On Decemb...
2024.01.09 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.09
Excerpt: ... amend. The court sets a Non-Appearance OSC Re: Amended Complaint for January 26, 2024, at 8:30 a.m., and continues the Case Management Conference to March 28, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 23, 2023, Elizabeth Opiyo (the “Plaintiff”) in pro per, filed a Complaint against New Venture, Inc. (the “Defendant”). This case arises from a landlord tenant dispute involving four properties located in Los Angeles...
2024.01.05 Motion to Compel Arbitration 662
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.05
Excerpt: ...rnando Subacute Rehabilitation Center, LLC; and Sylmar Health & Rehabilitation Center, Inc. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Motion to Compel Arbitration OPPOSITION: 7 December 2023 REPLY: 13 December 2023 TENTATIVE: Defendants' Motion to Compel Arbitration and Stay the Action is granted. The court sets an OSC Re: Status of Arbitration for January 6, 2025, at 8:30 a.m. Defendants to give notice. BACKGROUND On August 29, 2023, ...
2024.01.05 Demurrer to SAC 763
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.05
Excerpt: ...ourt sets an OSC Re: Answer for January 31, 2024, at 8:30 a.m. The Case Management Conference is also continued to January 31, 2024, at 8:30 a.m. BACKGROUND On November 14, 2022, Eyad Wahby (“Plaintiff”) filed a Complaint against Downtime Prime, LLC (“Defendant”) and Does 1 to 20. This action arises out of a dispute between Plaintiff as tenant, and Defendant as the owner, of property located at 555 S. San Pedro St., Los Angeles, CA 90021 ...
2024.01.04 Motion to Strike 464
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.04
Excerpt: ...find licensed counsel. The court sets an OSC re Defendant's Counsel for February 9, 2024, at 8:30 a.m. BACKGROUND On June 13, 2023, Paul Dodds (“Plaintiff”) filed a Complaint against Aquaco Resources, Inc. (“Aquaco”); Patrick R. McEntee (“McEntee”); and Does 1 to 100. The Complaint alleges two causes of action: (1) Breach of Contract; and (2) Conversion. On September 26, 2023, Defendant McEntee, in pro per, filed a Response to Lawsuit...
2024.01.04 Motion to Quash Service of Summons and Complaint 689
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.04
Excerpt: ...t's Motion to Quash Service of Summons and Complaint is granted. Plaintiffs are given 30 days to file a new proof of service. BACKGROUND On October 3, 2022, Sergio Camacho, Philip Saada, Esther Cohen on behalf of and as Administrator for The Estate of Jack Cohen, Ralph Cohen, on behalf of and as a Representative of the Estate of Jack Cohen, and Tower 26, Inc. (collectively “Plaintiffs”) filed a Complaint against William Sydney “Trey” Prev...
2023.12.22 Motion to Compel Arbitration 167
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.22
Excerpt: ... Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Code § 12940(k); (4) Failure to Provide Reasonable Accommodation in Violation of Gov. Code §§ 12940 et se...
2023.12.21 Demurrer 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.21
Excerpt: ...TIVE: Defendants Hweisan Liu and E&C Logistics' demurrer to Plaintiffs' Fourth Amended Complaint is sustained without leave to amend as to the third cause of action and sustained with leave to amend as the fourth and fifth causes of action. Plaintiffs are given 20 days leave to amend the fourth and fifth causes of action. An OSC re Amended Complaint is set for __ at 8:30 a.m. BACKGROUND This is a breach of contract, fiduciary duty, and corporate ...
2023.12.20 Motion for Summary Judgment, Adjudication 612
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.20
Excerpt: ...POSITION: 25 October 2023 REPLY: 1 November 2023 TENTATIVE: Defendant Fire's Motion for Summary Judgment is denied. Defendant Fire's Motion for Summary Adjudication is granted as to the second cause of action for Fraudulent Misrepresentation, fourth cause of action for Promissory Estoppel, fifth cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing, sixth cause of action for Fraud and Deceit, seventh cause of action fo...
2023.12.15 Motion for Summary Judgment 957
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.15
Excerpt: ...s granted. BACKGROUND On March 1, 2021, Karen Majovski (“Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant”). The operative First Amended Complaint (“FAC”) alleges seven causes of action: (1) Discrimination based on Gender or Sex in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Associational Discrimination based on Gender or Sex; (3) Retaliation for Engaging in Protective Activity in Violat...
2023.12.15 Demurrer 435
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.15
Excerpt: ...TENTATIVE: Cross-Defendants' demurrer is sustained with leave to amend. Cross- Complainants are granted 30 days to amend Cross-Complaint. Defendants to give notice. BACKGROUND On July 3, 2023, Infinity Medical Alliance, Inc. (“Plaintiff” or “IMA”) filed a Complaint against A&G Management Services, Inc. (“A&G”); Aram Sharnazyan (“Sharnazyan”); and Does 1 to 50. The Complaint alleges four causes of action: (1) Breach of Contract, (2...
2023.12.14 Special Motion to Strike FAC 235
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.14
Excerpt: ...t Amended Complaint Pursuant to CCP § 425.16 OPPOSITION: 20 October 2023 REPLY: 25 October 2023 TENTATIVE: Moving Defendants' special motion to strike is granted. Plaintiff's request for attorney's fees is denied. Moving Defendants' request for attorney's fees as the prevailing party shall be decided by separate motion. Court sets OSC re Why Action Should Not Be Dismissed for December 22, 2023. PROCEEDING: Demurrer to FAC with Motion to Strike O...
2023.12.13 Motion to Tax Costs 479
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.13
Excerpt: ...endants' Motion to Tax Costs is denied. BACKGROUND This action arises from Anthony Guytan's (“Plaintiff”) employment with Swift Transportation from 2015 to 2016. The Complaint alleges that during his employment, Plaintiff engaged in activities protected under the public policies, regulations, and laws of the State of California and that as a result of Plaintiff's protected activity and complaints, Swift Transportation launched into a retaliat...
2023.12.13 Demurrer, Motion to Strike 472 (2)
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.13
Excerpt: ...fault against Defendant Newell is denied. BACKGROUND Self-represented Plaintiff Carl Gordon (“Gordon”) alleged his former attorney Defendant Felton Thomas Newell Jr. (“Newell”) and his law firm, The Newell Law Firm (“Newell Firm”) committed malpractice in representing Plaintiff giving rise to multiple causes of action. On November 21, 2019, Plaintiff filed his Complaint which alleged six causes of action against Defendant: (1) legal m...
2023.12.08 Motion to Compel Arbitration 167
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.08
Excerpt: ...t prejudice. BACKGROUND On April 3, 2023, Jose Diaz Bustamante (“Plaintiff”) filed a Complaint against Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Co...
2023.12.07 Motion for Judgment on the Pleadings 034
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.07
Excerpt: ...d. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On September 29, 2023, the Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. Defendant filed a reply on November 30, 2023. The matter is now before the court. MO...
2023.12.06 Motion for Summary Judgment, Adjudication 656
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.06
Excerpt: ...IVE: Defendants' Motion for Summary Judgment is denied. The court grants summary adjudication as to the first cause of action for Breach of Contract, and denies summary adjudication as to the second cause of action for Negligent Interference with Prospective Economic Advantage. BACKGROUND On August 1, 2023, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Veits; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1...
2023.12.06 Motion for Summary Judgment, Adjudication 032
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.06
Excerpt: ...ion for Summary Judgment is denied. Defendant AIX's Motion for Summary Adjudication of the second cause of action and claim for punitive damages is also denied. BACKGROUND On September 30, 2021, Seven Lions, Inc. (“Plaintiff”) filed a Complaint against Morris Kamkar dba Kamkar Insurance Agency (“Kamkar”); USG Insurance Services, Inc. (“USG”); AIX Specialty Insurance Company (“AIX”); and Does 1 to 20. The operative Complaint allege...
2023.11.30 Motion to Compel Arbitration 754
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.30
Excerpt: ...PP. REPLY: 21 November 2023 TENTATIVE: Defendants' Motion to Compel Arbitration is granted. BACKGROUND This action arises out the employment of Moin Rastegar (“Plaintiff”) with Defendants, Young's Market Company, LLC. (“YMC”) and Republic National Distributing Company, LLC (“RNDC”) (collectively “Defendants”). YMC hired Plaintiff in 2008 as an Account Manager for the Pasadena territory and promoted him to House Account Specialist ...
2023.11.29 Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.29
Excerpt: ...librand Co. Inc.'s Motion to Strike is granted in part. Defendant's P.W. Gillibrand Co. Inc.'s request to strike Paragraphs 94, 113, and 345 and Paragraph 7 in the Prayer for Relief is denied and granted as Paragraphs 76, 92, 111, 343, 427, and Paragraph 1 in the Prayer for Relief. BACKGROUND This action arises out of the employment of Shawn Michael Dolmage's (“Plaintiff”) as a synthetic turf installer for Beyond the Turf, Inc. (“Beyond”)...
2023.11.29 Demurrer to SAC 429
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.29
Excerpt: ...stained without leave to amend and overruled as to the first, second, and third causes of action in the Second Amended Complaint. BACKGROUND This action arises out of the employment of Douglas Smith (“Plaintiff”) with Burbank Unified School District (“Defendant”). Defendant employed Plaintiff who worked as a teacher since August 1, 1992. Defendant terminated his employment on May 27, 2022. According to the original Complaint, Plaintiff al...
2023.11.28 Motion to Disqualify Counsel 363
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.28
Excerpt: ...oss-Defendants' Motion to Disqualify Counsel is denied. BACKGROUND This is an action arising out of the formation of a California entity, Plaintiff Boyle Flats Food and Beverage, Inc dba Purgatory Pizza (“BFFB”), by Plaintiff Tad Yenawine (“Yenawine”) and Defendant Alex Koons (“Koons”). BFFB is a restaurant business operated by Plaintiff and Defendant. The Complaint alleges Defendant took monies from Plaintiff BFFB's bank accounts for...
2023.11.28 Demurrer to FACC 510
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.28
Excerpt: ...urrer to the FACC is overruled as to the first and second causes of action and sustained with leave to amend as to the third cause of action. Defendant/Cross-Complainant Braden is given 30 days leave to amend. The court sets an OSC Re: Amended Complaint for January 9, 2024, at 8:30 a.m. BakeMark to give notice. BACKGROUND On January 10, 2023, BakeMark USA, LLC (“BakeMark”) and BMark Investment Holdings, L.P.(“BMark”) (collectively “Plai...
2023.11.22 Demurrer 792
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.22
Excerpt: ...mend. The Case Management Conference is taken off calendar. The complaint is dismissed with prejudice. Defendant is to give notice. BACKGROUND On June 15, 2023, Florinda Barrientos Godoy (“Plaintiff”), in pro per, filed a Complaint against Sedwick Claims Management Services; TD Ameritrade; Laughlin, Falbo, Levy & Moresi LLP and Diefer Law Group PC. On September 12, 2023, Defendant Diefer Law Group (“Diefer”), PC filed a demurrer to Plaint...
2023.11.21 Demurrer 758
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.21
Excerpt: ... court sets an OSC Re: Amended Complaint for January 3, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On July 18, 2023, Anne Heiting (“Plaintiff”) filed a Complaint against Vitamin Shoppe Industries, LLC (“Defendant”) and Does 1 to 25. The operative First Amended Complaint (“FAC”) alleges single causes of action for Violation of the California Invasion of Privacy Act (Cal. Pen. Code § 613(a).) On September 28, 2023, Defenda...
2023.11.17 Motion for Summary Judgment, Adjudication 656
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.17
Excerpt: ...r Summary Judgment is granted. BACKGROUND On August 1, 2022, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Vets; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1 to 10. The operative Complaint alleges two causes of action: (1) Breach of Contract, and (2) Negligent Interference with Prospective Economic Advantage. On January 31, 2023, Plaintiff dismissed John Condon as a defendant. On August 31, 2023, Nancy ...
2023.11.17 Demurrer, Motion to Strike 983
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.17
Excerpt: ...' motion to strike is granted with leave to amend. BACKGROUND On April 24, 2023, Asharaf Youssef (“Plaintiff”) filed a Complaint against Kevin Y. Kanooni and K.P. Roberts & Associates (collectively “Defendants”) and Does 1 to 20. Plaintiff filed a First Amended Complaint on June 16, 2023. By the parties' stipulation, Plaintiff filed the operative Second Amended Complaint (“SAC”) on July 18, 2023. The SAC alleges three causes of action...
2023.11.16 Motion for Summary Judgment, Adjudication 576
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.16
Excerpt: ...ING PARTY: Plaintiff Robert Gabriel TRIAL DATE: 7 May 2024 PROOF OF SERVICE: OK PROCEEDING: Motion for Summary Judgment/Adjudication OPPOSITION: 2 November 2023 REPLY: 9 November 2023 TENTATIVE: Defendants' Motion for Summary Judgment is granted. BACKGROUND On November 8, 2022, Robert Gabriel (“Plaintiff”) filed a Complaint against Select Portfolio Servicing, Inc.; The Bank of New Your Mellon f/k/a The Bank of New York as Successor in Interes...
2023.11.16 Motion for Reconsideration 571
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.16
Excerpt: ... of October 1, 2021, Order is granted. BACKGROUND This is a lemon law action arising out of the lease of a 2018 Subaru Outback (the “Vehicle”) by Alexandra Spencer and Matthew Spencer (“Plaintiffs”) from Defendant Subaru Sherman Oaks (“Subaru SO”) and manufactured by Defendant Subaru of America, Inc. (“Subaru”). Plaintiffs allege that they received various warranties in connection with the Vehicle in which Defendants undertook to ...
2023.11.16 Demurrer 925
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.16
Excerpt: ...d with leave to amend as to Defendant Il Ok Lee only. The demurrer to the second, fifth, ninth, and eleventh causes of action is overruled. The demurrer to the sixth, seventh, and tenth cause of action is sustained with leave to amend. Plaintiff is granted 30 days leave to amend. The court sets an OSC Re: Amended Complaint for January 11, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On June 6, 2023, Hyo Jean Lee (“Plaintiff”) file...
2023.11.15 Motion to Correct or Vacate Arbitration Award 712
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.15
Excerpt: ... Vacate the August 23, 2023, Arbitration Award is denied. PROCEEDING: Motion to Confirm Arbitration Award MOVING PARTY: Plaintiff Frank Afari OPPOSING PARTY: Defendants ABJAD, Inc., Ira Afari, Saiid Afari, and Manuchehr Afari PROOF OF SERVICE: OK OPPOSITION: 1 November 2023 REPLY: None filed. TENTATIVE: Plaintiff's Motion to Motion to Confirm Arbitration Award is granted. PROCEEDING: Motion to Stay Action Pending Appraisal and Sale Pursuant to Co...
2023.11.15 Motion to Compel Further Responses 390
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.15
Excerpt: ...urther Responses to SROGS, Set 1, No. 4 is denied, as are the parties' respective requests for sanctions. Defendant Zaldivar's Motion to Compel Further Responses to SROGS, Set 2, Nos. 7 to 14 is granted. The court awards sanctions in the sum of $500.00, plus $60.00 for the filing fee, against Plaintiff's counsel of record, Sebastian M. Medvei, to be paid to Defendant's counsel within 30 days. Defendant to give notice. BACKGROUND This is a dispute...
2023.11.08 Motion to Dismiss Due to Forum Non Conveniens 382
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.08
Excerpt: ...KGROUND On June 12, 2023, Plaintiff filed this representative PAGA action against Harbor UCLA Medical Center Guild, Inc.; ATC Healthcare Services LLC (“ATC”) and Does 1 to 100. On September 18, 2023, Defendant ATC moved to dismiss or stay the action based on forum non conveniens. Plaintiff opposes the motion. The matter is now before the court. MOTION TO DISMISS DUE TO FORUM NON CONVENIENS I. Legal Standard A defendant may move to stay or dis...
2023.11.08 Demurrer to FAC 766
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.08
Excerpt: ...d. The case is dismissed with prejudice. Defendant to give notice. BACKGROUND This action arises from the employment of Mark Alan Clark (“Plaintiff ') with the Los Angeles Fire Department (“LAFD”), an agency department of Defendant City of Los Angeles (“City”). Plaintiff worked for LAFD for nearly 28 years until he retired on March 30, 2022. According to the Complaint, Plaintiff alleges he worked remotely and requested a religious exemp...
2023.11.07 Demurrer to SAC 357
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.07
Excerpt: ...plaint OPPOSITION: 25 October 2023 REPLY: 31 October 2023 TENTATIVE: Defendants ReadyCap and KeyBank's demurrers are sustained with leave to amend as to the second, seventh, and ninth causes of action. The demurrer to the 10th cause of action is sustained without leave to amend. KeyBank's demurrer to the third cause of action is overruled. Plaintiffs are granted 30 days leave to amend. The court sets an OSC re Amended Complaint for December 15, 2...
2023.11.02 Motion to Stay Action 704
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.11.02
Excerpt: ... October 2023 TENTATIVE: City Defendants' Motion to Stay the Action is granted. The court sets an OSC re: Status of Appeal for January 31, 2024, at 8:30 a.m. City Defendants are ordered to give notice. BACKGROUND On February 23, 2022, Plaintiff Arthur Lopez filed a Complaint against the California Department of Motor Vehicles and Steven Gordon. On March 28, 2023, the court granted Plaintiff leave to file a Second Amended Complaint (“SAC”). Th...
2023.10.31 Demurrer 134
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.31
Excerpt: ...s entirety. BACKGROUND On May 17, 2023, Lucy Broadbent; David Norland; Steven, Shirley, and Eriq Quat; Julia Ganis; Scott Leslie; Denise and Jeff Turzo; Pouri Fox and Brandon Fox, and Anthony Ivanich (collectively “Plaintiffs”) filed a Complaint against 3585 Multiview, LLC (“Defendant”) and Does 1 to 50. Plaintiffs allege that Defendant's construction efforts on an upslope property caused mudslides and damages to Plaintiffs' respective pr...
2023.10.31 Motion to Strike Punitive Damages 939
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.31
Excerpt: .... The court sets an OSC re Amended Complaint for December 11, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On June 27, 2023, Avishai Kohanzad (“Plaintiff”) filed a Complaint against Daftari Sion (“Defendant”) alleging three causes of action: (1) Premise Liability; (2) Trespass; and (3) Private Nuisance. On August 15, 2023, Defendant filed an Answer and Motion to Strike. On October 18, 2023, Plaintiff tried to file an amended Co...
2023.10.30 Motion for Summary Judgment 560
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.30
Excerpt: ...endants' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted as to the first, second, third, fifth, and sixth causes of action and Plaintiff's claim for punitive damages. Summary adjudication is denied as to the fourth cause of cause of action for declaratory relief. BACKGROUND This action arises in connection with the representation of Jason Lanc (“Plaintiff”) by Nick Movagar, Steven Yamin, Daniel Re...
2023.10.24 Motions to Dismiss 221
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.24
Excerpt: ...sanctions are denied. BACKGROUND On June 8, 2023, Bethany Kristovich (“Plaintiff”) filed a Complaint against Jonathan Benshalom, 727 Las Palmas, LLC, JR Pool & Spa Service Inc., JR Pool and Spa Services, Yoram David Najum aka Jerome Najum, Amit Apel Design, Inc., Amit Apel, Yuzon & Associates, Inc., Benigno Sari Yuzon, and Does 1 to 100. The Complaint alleges three causes of action: (1) violation of the standards set forth in Civ. Code §§ 8...
2023.10.23 Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.23
Excerpt: ... Gillibrand Co. Inc.'s request to strike Paragraphs 94, 113, and 345 and Paragraph 7 in the Prayer for Relief is denied and granted as Paragraphs 76, 92, 111, 343, 427, and Paragraph 1 in the Prayer for Relief, without leave to amend. BACKGROUND This action arises out of the alleged exposure to chemicals of Shawn Michael Dolmage (“Decedent”) during his employment as a synthetic turf installer for Beyond the Turf, Inc. (“Beyond”). Accordin...
2023.10.23 Demurrer, Motion to Strike 368
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.23
Excerpt: ...TATIVE: Defendant Parsoda's demurrer to the fourth cause of action is sustained with 20 days leave to amend. Parsoda's motion to strike is also granted with 20 days leave to amend. The court sets an OSC Re Amended Complaint for December 4, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On March 22, 2023, Angel Gallegos-Botello and Araceli Mejia (collectively “Plaintiffs”) filed a Complaint against various Defendants alleging six caus...
2023.10.20 Demurrer to FAC 927
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.20
Excerpt: ...tion is sustained without leave to amend and overruled as to the second, third, and fourth causes of action. BACKGROUND This action arises in connection with real property located at 3712 E. 6 th Street, Los Angeles, California (the “Property”). Norma Rodriguez (“Plaintiff”) alleges that she is the sole owner of the Property, and that Reyes Rodriguez, Patricia Rodriguez and Eloisa Rodriguez (“Defendants”) are her siblings. According t...
2023.10.10 Motions for Judgment on the Pleadings 582
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.10
Excerpt: ...denied. BACKGROUND On November 5, 2020, John Doe 1 filed a Complaint against Roes 1 and 2. On December 8, 2020, John Doe 1 filed the operative First Amended Complaint (“FAC”) identifying the Los Angeles Unified School District (“LAUSD”) and Does 1 to 50 as Defendants and alleging a claim for personal injuries and damages arising from childhood sexual abuse. On February 2, 2022, John Doe 2 also filed a Complaint for personal injuries and d...
2023.10.10 Demurrer, Motion to Strike 676
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.10
Excerpt: ... PROCEEDING: Demurrer with Motion to Strike First Amended Complaint OPPOSITION: 4 October 2023 REPLY: 6 October 2023 TENTATIVE: Defendants' demurrer to the second and third causes of action is sustained with 15 days leave to amend. The demurrer to the fourth cause of action is sustained without leave to amend. Defendants' motion to strike the fourth cause of action is denied as moot, but is otherwise granted without leave to amend. The court sets...
2023.10.09 Motion for Attorney Fees, to Tax Costs 346
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.09
Excerpt: ...endant on August 9, 2023. TENTATIVE: Plaintiff's Motion for Attorney's Fees and Costs is granted in the amount of $386,659.14 in fees and $37,950.78 in costs. PROCEEDING: Motion to Tax Costs MOVING PARTY: Defendant Chico's FAS, Inc. OPPOSING PARTY: Plaintiff Shapell Socal Rental Properties OPPOSITION: 22 June 2023 REPLY: 18 July 2023 SUPPLEMENTAL BRIEFS: By Plaintiff on July 28, 2023; By Defendant on August 9, 2023. TENTATIVE: Defendant's Motion ...
2023.10.05 Motion to Strike Punitive Damages 711
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.05
Excerpt: ...s 45, 52, 61, 78, and 98 as well as Paragraphs 1(b), 2(b), and 4(b) to 8(b) in the prayer for relief will be stricken with leave to amend. BACKGROUND Shanah Richardson (“Plaintiff”) entered into a written lease agreement with Roya Gheytanchi (“Defendant Roya”) for 1610 S. Crest Drive (Guest House), Los Angeles, CA 90035 (the “Property”). She moved into the Property, which Defendant Roya and Yousef Gheytanchi (collectively “Defendant...
2023.10.04 Demurrer, Motion to Strike 420
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.04
Excerpt: ...eventh causes of action of the SAC is sustained with leave to amend. LAUSD's motion to strike is granted with leave to amend. The court sets an OSC re Amended Complaint for November 15, 2023, at 8:30 a.m. Defendant to give notice. On May 22, 2023, Jeryl Smith CPIaintiff') filed a Complaint against the Los Angeles Unified School District ("LAUSD" or "Defendant') and Does 1 to 20. The operative Second Amended Complaint ("SAC") alleges seven causes ...
2023.10.03 Motions for Terminating Sanctions, Monetary Sanctions 943
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.03
Excerpt: ...2023 TENTATIVE: Defendant TAF's motions for terminating sanctions are denied. Defendant TAF's motion for monetary sanctions in the amount of $2,616.00 against Plaintiff Robin Hammon is granted and denied as to the rest of the Plaintiffs. BACKGROUND Plaintiffs Robin Hammond, individually and as the parent of Sydney Hammond and Darryl Todd Hammond, II, and as the successor in interest to Darryl Hammond, deceased and Darryn Hammond (collectively “...

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