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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 ...
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 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...
2024.01.26 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...
2024.01.25 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...

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