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2024.04.29 Motion to Strike Punitive Damages 236
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.29
Excerpt: ...ing party to give notice. BACKGROUND On March 1, 2024, Troy Wiltshire (“Plaintiff”) filed a Complaint against Adam Charles Walker (“Defendant”) in relation to a motor vehicle accident that occurred on March 10, 2022, allegedly caused by Defendant driving under the influence. The Complaint alleges three causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Negligence Per Se. Defendant now moves to strike punitive damages ...
2024.04.29 Demurrer 828
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.29
Excerpt: ...ourt sets the OSC RE: Amended Complaint for June 7, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 1, 2024, Nicholas F. Sherman (“Plaintiff”) filed a Complaint against Ori Sultan (“Sultan”), AS Woodland Hills LLC (“AWH”) and Does 1 to 20. The Complaint alleges three causes of action: (1) Quiet Title, (2) Fraud, and (3) Recovery of Money Paid to Unlicensed Contractor. On January 23, 2024, Defendant AWH filed an unla...
2024.04.26 Motion for Summary Judgment, Adjudication 675
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.26
Excerpt: ...24 REPLY: 5 April 2024 TENTATIVE: Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendants to give notice. BACKGROUND This action arises out of the purchase by John O'Boyle (“Plaintiff”) of a 2019 Porsche 911 GT3 RS (“Subject Vehicle”) from Defendant, Motorcars West, LLC dba The Auto Gallery (“Dealer”). The Complaint alleges that on March 1, 2018, Plaintiff entered into a Delivery Posi...
2024.04.25 Demurrer, Motion to Strike FAC 276
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.25
Excerpt: ...tainty is overruled but sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quie t title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Joshua's motion to strike is denied as to Paragraphs 54, 63, 88, and Prayer of Punitive Damages, granted with leave to amend as Paragraph 101...
2024.04.24 Demurrer to FAC 257
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.24
Excerpt: ...n for unlawful retaliation (Lab. Code, § 1102.5) and second cause of action for breach of contract, and sustained without leave to amend as to the third cause of acti on for violation of the Peace Officer's Bill of Rights. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendant County to give notice. BACKGROUND On June 8, 2023, Donald Rubio (“Plaintiff”) filed a Compl...
2024.04.23 Demurrer to FAC 645
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.04.23
Excerpt: ...SING PARTY: Plaintiff Romex Textiles, Inc. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Demurrer to First Amended Compliant OPPOSITION: 12 April 2024 REPLY: 16 April 2024 TENTATIVE: Defendants' demurrer to the FAC is sustained with leave to amend. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND O n May 23, 2023, Romex Textiles, I...
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 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...
2024.03.29 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...
2024.03.27 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 ...

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