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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 “...
2023.10.03 Motion to Strike Punitive Damages 904
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.03
Excerpt: ... Silberstein (“Plaintiff ”), Ðiled a Complaint against MM Products, Inc. (“Defendant”) and Does 1 to 50. On July 3, 2023, Plaintiff Ðiled the operative First Amended Complaint (“FAC”) alleging a single cause of action for strict product liability. On July 25, 2023, Defendant Ðiled a Motion to Strike Plaintiff 's FAC. Plaintiff Ðiled opposing papers on September 19, 2023. Defendant Ðiled a reply on September 26, 2023. EVIDENT...
2023.10.03 Demurrer, Motion to Strike 554
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.03
Excerpt: ...ptember 8, 2022, Plaintiffs Tawanda Honors, et al.[ll (collectively "Plaintiffs") filed the instant breach of habitability action against Defendants 5505 Ackerfield Apts LLC, AJJ2020 LLC, Masuda Investments LLC, and Westar Property Management, Inc. (collectively "Defendants"). On May 11, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") against Defendants. The FAC asserts six causes of achon for (1) Breach of Contract, (2) Brea...
2023.10.02 Motion for Leave to File TAC 953
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.02
Excerpt: ...posing papers on 09/14/23 and Defendant Honda Performance Development, Inc. filed a joiner to Manpower's opposition on 09/18/23. REPLY: 09/25/23 TENTATIVE: Plaintiff's motion for leave to file a third amended complaint is granted. BACKGROUND On December 5, 2022, Jacob Shaw (“Plaintiff”) filed a Complaint against Honda Performance Development, Inc.; Experis US, Inc.; Experis US, LLC; Manpower Group US, Inc. (collectively “Defendants”) and ...
2023.09.29 Motion for Attorney Fees 150
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.29
Excerpt: ...18,424.62 is granted. BACKGROUND This action arises in connection with the employment of Paula Salvador (“Defendant”) by Gheorghe Firescu and Gabriela Firescu (“Plaintiffs”). Plaintiffs allege Defendant acted fraudulently in using an allegedly false identity, committed conversion, defamed Plaintiffs, and caused emotional distress to Plaintiffs. In their Complaint, Plaintiffs reference on several occasions the pending underlying litigation...
2023.09.28 Motion to Vacate Dismissal 981
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.28
Excerpt: ...petition to release the mechanic lien placed on her property by Donald L. McDonald (“Respondent.”) After the respondent was served, default was entered against the Respondent on March 6, 2023, and an order voiding and canceling the mechanic lien was entered on May 2, 2023. Petitioner's counsel believed that upon entry of the May 2, 2023 Order, there was nothing left for the court to do. However, Petitioner asserts that the court in error set ...
2023.09.28 Demurrers 927
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.28
Excerpt: ...REPLY: July 11, 2023 TENTATIVE: Defendant RCALA's demurrer is overruled. Defendant is to give notice. Background Allenco Energy, Inc. (“Plaintiff”) formerly operated a facility of oil and gas production in the University Park community of the City of Los Angeles pursuant to an assignment of leases with the Roman Catholic Archbishop of Los Angeles (“RCALA”), which owns the property. The facility consists of 21 oil and gas production wells....
2023.09.28 Demurrer, Motion to Strike 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.28
Excerpt: ...the 4AC is sustained without leave to amend as to the first through fourth causes of action and sustained with leave to amend as to the fifth through eighth causes of action. Defendant's Motion to strike is denied as moot. BACKGROUND This action arises out of the employment of VJ Hirsch (“Plaintiff”) with Defendant Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff alleges that LAUSD hired him in November 2003 and ...
2023.09.27 Motion to Compel Arbitration and Stay Action 198
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.27
Excerpt: ...onvalescent Hospital & Retirement Center, Inc.; 1100 South Alvarado Street, LLC; San Fernando Subacute Rehabilitation Center, LLC, RG Legacy I, LLC; Two Palms Skilled Care, LLC; and Sylmar Health & Rehabilitation Center, Inc. (collectively “Plaintiffs”) Defendants AK Development & Consulting, Inc.; Genstar Labs Management LLC; Sharpline Healthcare; Estrella “Star” Choy; and Avigdor Kessler (collectively “Genstar Defendants”). TRIAL DA...
2023.09.27 Demurrer, Motion to Strike 426
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.09.27
Excerpt: ...tained with leave to amend. Defendants' motion to strike is granted without leave to amend as to Paragraph 51, granted with leave to amend as to Paragraph 76, and denied as to Paragraphs 39, 62, and 76 in the Prayer for Relief. BACKGROUND On April 27, 2023, Plaintiff Steve Tyler filed a Complaint against Reid Bruton a/k/a Shawn Kravich as an individual and trustee of the SK2022 Trust dated February 16, 2022, Figure 8 Realty, Inc. (collectively �...
2023.08.30 Demurrer to FAP 553
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.30
Excerpt: ...e to amend. The First Amended Petition is dismissed with prejudice. Defendant to give notice. BACKGROUND On December 12, 2019, Petitioner Robert Garber (“Garber”) in pro per sought a writ of administrative mandate compelling Respondents County of Los Angeles (“County”) and Department of Social Services (“DSS”) to reinstate him to the CalFresh program and pay him monthly benefits withheld from January 2020 to October 2022. On March 9, ...
2023.08.28 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.28
Excerpt: ...aintiff's Fourth Amended Complaint is overruled. Defendant P.W. Gillibrand 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 alleged exposure to chemicals of Shawn Michael Dolmage (“...
2023.08.28 Demurrer to SAC, Motion to Strike 851
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.28
Excerpt: ... Defendant's motion to strike is denied as moot. This case is dismissed with prejudice. Defendant to give notice. BACKGROUND This action arises out of the representation of Joseph L. Shalant ("Plaintiff") by David H. Pierce ("Defendant") in the appeal of the underlying case of Joseph Shalant v. Robert Mackston, LASC SC116968 ("Mackston") in March 2020. The Mackston case was filed on May 8, 2012, and proceeded to a jury trial on October 29, 2019. ...
2023.08.25 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.25
Excerpt: ...s, Inc., formerly known as B.A.S. Recycling, Inc.'s (“HSB”) demurrer to the seventh cause of action is overruled. Defendant HSB's Motion to Strike is granted in part. The Court also denies HSB's request to strike the following: · Paragraph 92, lines 1-7 · Paragraph 94, lines 18-22 · Paragraph 112, lines 4-20 · Paragraph 113, lines 21-25 · Paragraph 405, lines 24-28 · Prayer for Relief, Paragraph 7, line 17 The court grants Defendant HSB...
2023.08.15 Demurrer 682
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.15
Excerpt: ...nal Basketball Association (“NBA”); Warner Brothers Studio; the Walt Disney Company; and American Broadcasting Company for Reparations. On January 11, 2023, Plaintiff filed a First Amended Complaint (“FAC”). May 8, 2023, Defendants the Walt Disney Company and American Broadcasting Company (“TWDC”) filed a demurrer to Plaintiff's FAC. On June 5, 2023, the demurrer was sustained with leave to amend. Plaintiff filed a Second Amended Comp...
2023.08.14 Demurrer 704
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.14
Excerpt: ...ut leave to amend. 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”). The SAC added new Defendants including the City of Newport Beach. The SAC alleges causes of action for: 1) Deprivation of Civil Rights, 42 U.S.C. §§ 1983 & 1985; 2) Violation of the A...
2023.08.09 Demurrer to SAC 682
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.09
Excerpt: ...r OPPOSITION: 27 July 2023 REPLY: 02 August 2023 RECOMMENDATION: Defendants' demurrer to the Second Amended Complaint is sustained without leave to amend. BACKGROUND On August 1, 2022, McKinley Michael Robinson (“Plaintiff ”) Ðiled a Complaint against Defendants National Basketball Association (“NBA”); Warner Brothers Studio; the Walt Disney Company; and American Broadcasting Company for Reparations. On January 11, 2023, Plaintiff Ðil...
2023.08.09 Motion for Orders for Sale of Debtor's Interest 680
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.09
Excerpt: ...SITION: None Ðiled REPLY: None Ðiled TENTATIVE: Defendants' Motion for Orders for Sale of Interest is granted. The court orders the sale of: 1) The 40% Membership interest of Wael H.H. Awad in IMP Energy Solutions LLC; and 2) 50% interest of Wael H.H. Awad in the partnership with Harry Nadjarian described in paragraph 31 and the Tenth Cause of Action of the Plaintiffs' Complaint. BACKGROUND This action arises in connection with the sale of Ca...
2023.08.09 Motion to Tax Costs 151
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.09
Excerpt: ...12. Plaintiffs' request for attorney's fees is granted in the amount of $1,732.50. BACKGROUND This is a lemon law action arising out of the purchase by Cesar Blanco, on behalf of Three Stars Builders, Inc. (“Plaintiffs”) of a new 2014 Dodge Ram (the “Vehicle”) manufactured by Defendant, FCA US, LLC (“FCA”). Plaintiffs allege that the Vehicle was delivered with defects and nonconformities to warranty, including engine and electrical de...
2023.08.08 Demurrer 885
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.08
Excerpt: ...tores LLC's Cross-Complaint is sustained. The court grants Plaintiff 20 days leave to amend, and schedules an Order to Show Cause Re: Amended Complaint for September 27, 2023, at 8:30 a.m. Cross- Defendant PRA to give notice. BACKGROUND This action rises out of an alleged trip and fall incident that occurred on or about March 1, 2021, at a commercial property located at 1746-1790 E. Main Street in El Cajon, CA (the “property”). Plaintiff Char...
2023.08.07 Motion for Judgment on the Pleadings 638
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.07
Excerpt: ...iff is granted 30 days leave to amend. The Court sets an Order to Show Cause Re: Amended Complaint for September 29, 2023, at 8:30 a.m. Defendant to give notice. 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 Franklin ...
2023.08.07 Demurrer, Motion to Strike 676
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.07
Excerpt: ...ond and third causes of action and overruled as to the first cause of action. The Motion to strike is denied. Defendants to give notice. BACKGROUND On April 14, 2023, Adamaris Wells, a minor through her Guardian Ad Litem as successor-in-interest for Decedent Charpail Tyler Walker (“Plaintiff”), filed a Complaint against Cliffside Malibu; Access Malibu, Inc.; Cliffside Malibu 1 (collectively “Defendants”) and Does 1 to 50 for: 1) Negligenc...
2023.08.04 Motion for Summary Judgment, Adjudication 339
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.04
Excerpt: ...for Summary Judgment is granted. BACKGROUND This action arises out of the employment of Desiree Mieure (“Plaintiff”) with the San Gabriel Unified School District (“Defendant” or “District”). Plaintiff alleges that Defendant employed her as a licensed Occupational Therapist. The operative First Amended Complaint alleges causes of action for Disability Discrimination and two counts of Whistleblower Retaliation. On October 31, 2023, Plai...
2023.08.03 Demurrers, Motion to Strike 882
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.03
Excerpt: ...7 July 2023 TENTATIVE: The demurrer to the second, fifth, and ninth causes of action is sustained without leave to amend. The demurrer to the sixth, seventh, and tenth causes of action is sustained with leave to amend. The demurrer to the third, fourth, and eighth causes of action is overruled. The Motion to strike is granted in part as to Paragraph 15 of the FAC as to the phrase “and attorneys' fees.” The request to strike paragraphs 2, 3,7,...
2023.08.03 Demurrer, Motion to Strike 390
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.03
Excerpt: ... lines 7 to 10 of the SAC and Exhibit 1 attached to the SAC with leave to amend. On the court's own motion, Paragraph 9(t) on page 5, lines 1 to 12, and the reference “22443.3” on Paragraph 20(f) at page 9 line 22 is stricken without leave to amend. BACKGROUND This is a dispute arising from the actions of Sonia I. Zaldivar (“Defendant”) as an Immigration Consultant in California. Immigrant Rights Defense Council, LLC. (“Plaintiff”) al...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 552
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.02
Excerpt: ... TENTATIVE: Defendants' Motion to Compel Arbitration and Stay Proceedings is granted. BACKGROUND On November 18, 2020, Irma Chavez Garcia (“Plaintiff”) filed a Complaint against Defendants Murtex Fiber Systems; Zephyr Industries, Inc.; Fairway Staffing Services; Sergio Gutierrez; and Does 1 to 20. The Complaint alleges fourteen causes of action for: 1) Discrimination; 2) Harassment; 3) Retaliation; 4) Failure to Prevent Discrimination; Harass...
2023.08.02 Demurrer to TAC 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.08.02
Excerpt: ...ntiffs agree to dismiss their first and fourth cause of action, and the second cause of action as against E&C. The demurrer to the third cause of action is sustained with leave to amend. BACKGROUND This is an action for breach of contract, fiduciary duty, and corporate dissolution 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�...
2023.07.27 Motion for Sanctions for Spoliation of Evidence 390
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.27
Excerpt: ...ntiff's request for issue and evidence sanctions is denied. Plaintiff's request for monetary sanctions in the amount of $2,310, including the $60.00 in filing fees, is granted against Defendant Zalidvar. BACKGROUND On February 3, 2023, Immigrant Rights Defense Council LLC (“Plaintiff”) filed a Complaint against Defendant Sonia I. Zaldivar (“Defendant”) and Does 1 to 100. The Second Amended Complaint (“SAC”) alleges a single cause of a...
2023.07.26 Motion to Transfer Venue 901
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.26
Excerpt: ...TENTATIVE: Defendants' Motion to Transfer Venue is denied. BACKGROUND On January 13, 2023, Plaintiffs, twenty-five tenants of the residential property located at 473-563 River Road, Corona, California 92877 (the “Subject Property”) brought an action against Venkata R. Donthineni, Parvathi Donthineni, and SD Properties 301 LLC (collectively “Defendants”) and Does 1 to 100. The operative Complaint alleges five causes of action: 1) Violation...
2023.07.24 Motion to Disqualify Arbitrator 298
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.24
Excerpt: ...rator is DENIED. BACKGROUND This action arises in connection with a lease for the property located at 7765-7775 Kester Avenue, Van Nuys, California (the “Property”). According to the complaint, Industrial Electronic Engineers, Inc. (“Defendant” or “IEE”) entered a written lease agreement for the Property with Cinmark Company, LP (“Plaintiff” or “Cinmark”) on February 3, 2005. The Lease has been on a month-to-month basis since ...
2023.07.21 Motion to Compel Arbitration and Stay or Dismiss Action 160
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.21
Excerpt: ...King Market's Motion to Compel Arbitration. The action is stayed pending arbitration. The court sets an OSC re Status of Arbitration for July 20, 2024, at 8:30 a.m. Defendant is to give notice. BACKGROUND On February 14, 2023, Narmin Behjati (“Plaintiff”) filed a complaint against Defendants B&V Enterprises, Inc. dba Super King Market (“Super King”); Tigran Baghdasaryan (“Bagdasaryan”) [1] ; and Does 1 to 20. The Complaint alleges nin...
2023.07.20 Demurrer 237
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.20
Excerpt: ...tricken. Plaintiff is granted thirty (30) days leave to amend the Complaint The court sets an OSC re Amended Complaint for August 31, 2023, at 8:30 a.m. Danielle Ntolo ("Plaintiff') resides at 825 S Hill Street #2806, Los Angeles, CA 90014 (the "Premises") where Onni South Hill LP ("Defendant") was the landlord. Plaintiff filed the operative complaint on April 4, 2023, alleging five causes of action: 1) 2) 3) 4) 5) Declaratory Relief Restitution ...
2023.07.12 Motion to Compel Arbitration 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.12
Excerpt: ...ckground This is a lemon law action arising in connection with the purchase by Shauna Sharpless and Destiny Gracian (collectively, “Plaintiffs”) of a 2019 Nissan Versa on or about January 19, 2019 (the “Vehicle”). Plaintiffs allege that Defendant Nissan North America, Inc. (“NNA”) which manufactured the Vehicle, provided Plaintiff various warranties in connection with the Vehicle in which NNA undertook to preserve or maintain the perf...
2023.07.12 Demurrer 383
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.12
Excerpt: ... part. Plaintiff is granted 30 days leave to amend the second and thirds causes of action. Defendant is to give notice. Background This action arises in connection with the leasing and servicing of three commercial vehicles from Transportation Commodities, Inc. (“Plaintiff”). Unis Transportation, LLC (“Defendant”) entered into an agreement with Plaintiff for the leasing and servicing of three commercial vehicles on March 22, 2022, for a d...
2023.07.05 Demurrer to FAC 763
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.07.05
Excerpt: ...give notice. Background This action arises out of a dispute between a tenant, Eyad Wahby (“Plaintiff”) and a property owner, Downtown Prime, LLC. (“Defendant”), regarding a commercial property located at 555 S. San Pedro St, Los Angeles CA 90021. (the “Property”). The operative First Amended Complaint (“FAC”) alleges that Defendant has raised rents in violation of the Lease Agreement between the parties. Plaintiff's FAC alleges fo...
2023.06.29 Motion to Compel Responses 873
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.29
Excerpt: ...EPLY: June 22, 2023 TENTATIVE: Plaintiff's motion is granted. Plaintiff's request for sanctions is granted in the amount of $1,900. Plaintiff is to give notice. Background This is a fraud action arising from alleged products supplied by Lief Organics, LLC (“Plaintiff”) which were received by Defendants and Judgment Debtors, specifically Defendant and Judgment Debtor Musclewerks, Inc. (“Judgment Debtor”) without payment, and were sold. On ...
2023.06.29 Motion for Reconsideration 354
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.29
Excerpt: ...tion is denied. NNA is to give notice. Background This is a lemon law action arising in connection with the purchase by Jose Vazquez Bautista aka Jose Vazquez (“Plaintiff ”) of a 2021 Nissan Sentra on January 2, 2021 (the “Vehicle”) from Defendant LAD-N, LLC, dba “Lithia Nissan of Downtown LA” (“Dealer Defendant”). Plaintiff alleges that Defendant, Nissan North America, Inc. (“NNA”), which manufactured the Vehicle, provided Pl...
2023.06.28 Motion for Reconsideration 710
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.28
Excerpt: ...r reconsideration is denied. NNA is to give notice. __________________ Background This is a lemon law action arising in connection with the purchase by Jose Padilla Gomez on behalf of A&B Lathering and Plastering Company (“Plaintiff ”) of a 2018 Nissan Titan on January 15, 2019 (the “Vehicle”) from Mossy Nissan Inc. dba Mossy Nissan Escondido (“Dealer Defendant”). Plaintiff alleges that Defendant Nissan North America, Inc. (“NNA”)...
2023.06.27 Motion to Compel Arbitration 725
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.27
Excerpt: ...tion is granted. Plaintiff is ordered to arbitrate her claims against Defendant. This action is stayed pending completion of arbitration. Defendant is to give notice. Background This action arises out of the employment of Catherine Soloway (“Plaintiff”) with Elevation Behavioral Health, LLC (“Defendant”). Plaintiff alleges that she began employment with Defendant on April 1, 2019, as a Behavioral Health Tech, and that she was wrongfully t...
2023.06.27 Demurrer to FAC 892
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.27
Excerpt: ...nt Dordick is to give notice. Background This is a fraud action for damages relating to the representation of Wayne Ball (“Plaintiff”) by Dordick Law Corporation and Keith Griffin (collectively “Defendants”). According to the Complaint, Defendants represented Plaintiff in a personal injury case arising from a worksite accident. Defendants were brought in to represent Plaintiff by the originally retained firm, and Plaintiff contends Defend...
2023.06.22 Demurrer, Motion to Strike 788
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.22
Excerpt: ...irst through fifth causes of action. Plaintiff is granted 20 days leave to amend the first five causes of action. Defendant Wing's motion is moot. Defendant Wing is to provide notice. Background This action arises out of an alleged conspiracy to violate the rights of Jeffrey J. Olin (“Plaintiff”), who is an alleged victim of parental alienation. Plaintiff claims that a conspiracy began three and a half years ago to commit these violations of ...
2023.06.16 Demurrer to FAC, Motion to Strike 527
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.16
Excerpt: ...n to Strike Portions of First Amended Complaint OPPOSITION: May 3, 2023 REPLY: May 10, 2023 TENTATIVE: Moving Defendants' demurrer is sustained, without leave to amend except as to the first, second, third, fifth, and sixth causes of action. Plaintiff is granted 30 days leave to amend only these causes of action. Moving Defendants' motion is moot. Moving Defendants are to give notice. Background This action arises in connection with the encounter...
2023.06.15 Motion to Disqualify Counsel 892
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.15
Excerpt: ...dants' motion is denied. Plaintiff is to give notice. Background This is a fraud action for damages relating to the representation of Wayne Ball (“Plaintiff”) by Dordick Law Corporation and Keith Griffin (collectively “Defendants”). According to the Complaint, Defendants represented Plaintiff in a personal injury case arising from a worksite accident. Defendants were brought in to represent Plaintiff by the originally retained firm, and P...
2023.06.08 Motion to Compel Further Responses 192
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.08
Excerpt: ...otion is denied. Plaintiff's motion for sanctions is also denied. Defendant GM is to give notice. Background This is a lemon law action arising out of the purchase by Francisco Garcia Hernandez (“Plaintiff”) of a 2020 GMC Sierra 1500 (the “Vehicle”) on November 10, 2020. Defendant General Motors, LLC (“GM”) manufactured the Vehicle. Plaintiff alleges that he received various warranties in connection with the Vehicle in which Defendant...
2023.06.08 Demurrer, Motion to Strike 903
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.06.08
Excerpt: ...r to the Complaint; Defendants' Motion to Strike Portions of the Complaint OPPOSITION: May 25, 2023 REPLY: June 1, 2023 TENTATIVE: Moving Defendants' demurrer is sustained. Moving Defendants' motion is moot. Plaintiff is granted 30 days leave to amend only the first, third, and fourth causes of action. Moving Defendants are to give notice. Background This civil rights action arises in connection with a “cotton picking” exercise in September 2...
2023.05.31 Motion to Compel Arbitration 635
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.31
Excerpt: ...ed. Plaintiffs are ordered to arbitrate their claims agamst FCA. This action is stayed pending completion of arbitration or further order of the court The court sets an order to show cause re status of the arbitration for May 30, 2024, at 8:30 a.m. in Department 37. FCA is to give notice. This is a lemon law action arising in connection with the purchase by Damian Smith and Katherine Marie Moreau ("Plaintiffs") of a 2017 Jeep Renegade on June 3: ...
2023.05.31 Motion to Compel Arbitration 591
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.31
Excerpt: ... are ordered to arbitrate their claims agamst NNA This action is stayed pending completion of arbitration or further order of the court The court sets an order to show cause re status of the arbitration for May 30, 2024, at 8:30 a.m. in Department 37. NNA is to give notice. This is a lemon law action arising in connection with the purchase by Martin Mayorga and Ana Galvan ("Plaintiffs) ofa 2020 Nissan Kicks on January 26: 2020 (the "Vehicle") Pla...
2023.05.31 Demurrer to FAC 294
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.31
Excerpt: ...dant is to give notice. This action arises out of alleged sexual advances made by Kario Harris ("Plaintiff') to Paul Luntumbuez ("Defendant'), and Defendant' s communications of the alleged hostile work environment beginning in 2016. According to the Complaint, Plaintiff is a retired U _ S. Army Forces Major: and Defendant is a US. Army Reservist SFC and Human Resources Srrcialist in the Human Resources Department of the Department ofVeterans Aff...
2023.05.25 Motion to Compel Arbitration 778
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.25
Excerpt: ...dered to arbitrate his claims agamst NNA This action is stayed pending completion of arbitration or further order of the court. The court sets an order to show cause re status of the arbitration for May 28, 2024, at 8:30 a.m. in Department 37. NNA is to give notice. This is a lemon law action arising from the purchase by Ana Lorrz ("Plaintiff) of a 2018 Nissan Sentra on May 28, 2018 (the "Vehicle')_ Plaintiff alleges that Defendant Nissan North A...
2023.05.25 Motion to Compel Arbitration 633
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.25
Excerpt: ... claims agamst NNA This action is stayed pending completion of arbitration or further order of the court. The court sets an order to show cause re status of the arbitration for May 28, 2024, at 8:30 a.m. in Department 37. NNA is to give notice. This is a lemon law action arising from the purchase by Mark Monahan ("Plaintiff) of a 2016 Nissan Titan on April 17, 2017 (the ' 'Vehicle"). Plaintiff alleges that Defendant Nissan North America, Inc. ("N...
2023.05.25 Demurrer, Motion to Strike 766
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.25
Excerpt: ...hout leave to amend, except as to the second, third, fifth: sixth, seventh: and eighth causes of action. Plaintiff is granted 30 days leave to amend. City is to give notice. 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 was employed by the City and N.wrked for LAFD for nearly 28 years, and retired on Mar...
2023.05.23 Demurrer to FAC, Motion to Strike 851
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.23
Excerpt: ...entirety. Defendants motion to strike is therefore moot Plaintiff is given 20 days leave to amend from this date. Defendant is to gwe notice. This action arises out of the representation of Joseph L. Shalant ("Plaintiff) by David H. Pierce ("Defendant") in the appeal of the underlying case of Joseph Shalant v. Robert Mackston, LASC SCI 16968 ("Mackston') in March 2020. The Mackston case was filed on May 8, 2012 and proceeded to a jury trial on Oc...
2023.05.22 Special Motion to Strike 150
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.22
Excerpt: ...er attorney fees pursuant to CCP S 425.10. Defendant is to give notice. This action arises in connection with the employment of Paula Salvador ("Defendant') by Gheorghe Firescu and Gabriela Firescu ("Plaintiffs"). Plaintiffs allege Defendant acted fraudulently in using an allegedly false identity, committed conversion, defamed Plaintiffs, and caused emotional distress to Plamtiffs. In their Complaint, Plaintiffs reference on several occasions the...
2023.05.19 Petition to Confirm Arbitration Award 033
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.19
Excerpt: ... 2023 Citys Petition is granted. The Award is confirmed. City is to give notice and prepare a proposed judgment This case arises in connection with a contract for the construction of a certain public work of improvement consistmg of the Earthquake Retrofit of Bridge—Southbound Indio Boulevard Overhead (the "Projed') for Defendant City of Indio (the "City'). Plaintiff Drill Tech Drilling & Shoring, Inc. ("DTDS") allegedly entered into a subcontr...
2023.05.18 Demurrer, Motion to Strike FAC 390
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.18
Excerpt: ...nt's demurrer is sustained. Plaintiff is granted 30 days leave to amend. Defendant is to give notice. This is a dispute arising in connection with the work of Sonia I. Zaldivar ("Defendant') as an Immigration Consultant in California. Immigrant Rights Defense Council, LLC ("Plaintiff') alleges that Defendant while operating as an Immigration Consultant, has failed to comply with the Immigration Consultants Act ("ICA") of California. Plamtiff brin...
2023.05.18 Motion for Leave to File SACC 157
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.18
Excerpt: ...ranted. Stroh's Cross-Complaint is dismissed without prejudice for forum non conveniens. Cross-Complainants' Motion for Leave to File Second Amended Cross- Complaint May 3, 2023 May 9, 2023 Cross-Complainants' motion is denied. Cross-Defendant is to give notice. 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 ("...
2023.05.17 Motion to Vacate Default 556
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.17
Excerpt: ...tice. This action arises in connection with a Purchase Agreement for 81 tons of frozen chicken paws betvveen Galaxion Transpacific Commerce, LLC. ("Plaintiff') and Julia Benjamin Zhe Min Wang ('Wang") and Black River Energies, LLC dba Nature Foods Provisions Co. ("BRE") (collectively "Defendants"). On November 2, 2022, a default was entered agamst Defendant Wang. Defendant Wang now moves to set aside the default Plaintiff opposes the motion. Disc...
2023.05.17 Motion for Summary Judgment, Adjudication 299
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.17
Excerpt: ...itable right, title, estate, lien, or interest in the Property None filed as of May 15, 2022 No Opposition filed. Plamtiffs motion is granted. Plaintiff is to give notice and prepare a proposed judgment. An OSC re Proposed Judgment is setforJune 2, 2023, at 8:30 This is an action for quiet title arising in connection with property- located at 854 E. 32nd Street, Los Angeles, California 90011 (the "Property'). PlaintiffCNP 56, LP, CNP 56, LLC ("CN...
2023.05.16 Motion for Leave to File SACC 157
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.16
Excerpt: ...ranted. Stroh's Cross-Complaint is dismissed without prejudice for forum non conveniens. Cross-Complainants' Motion for Leave to File Second Amended Cross-Complaint May 3, 2023 None as of May 12, 2023 Cross-Complainants' motion is denied. Cross-Defendant is to give notice. 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 Luci...
2023.05.10 Motion for Attorney Fees 322
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.10
Excerpt: ...0K Defendants Motion for Attornevs Fees None filed. No Opposition filed as of May 9, 2023. Defendant's motion is granted in part Defendant is awarded attorney's fees of $20,245.50 and costs of $1,555.60. Defendant is to give notice. This action arises out of a dispute bet•vveen a tenant AAS Design, LLC ("Plaintiff') and a properö,• owner, Crenshaw Investors, LLC ("Defendant') regarding a commercial property located at 3641 10th Avenue, Los A...
2023.05.10 Demurrer, Motion to Strike 604
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.10
Excerpt: ...faei's demurrer is overruled, except as to the fifth and sixth causes of action which are sustained mthout leave to amend. Vafaei is ordered to file an Amended Answer within 15 days. The improper motion is also moot. Vafaei is to give notice. This action arises out of the employment of Laura Sermeno ("Plaintiff') with Defendant Law Offices of Ramin R. Younessi ("Law Office"). Plaintiff alleges that she began employmentwlth Law Office on October 2...
2023.05.09 Motion to Compel Deposition of PMQ 817
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.09
Excerpt: ...so demed. FCA is to gwe notice. This is a lemon law action arising out of the purchase by Erik Malin ("Plaintiff') of a 2020 Dodge Ram 2500 (the 'Vehicle") on November 15, 2020. Plaintiff alleges that the Vehicle was purchased from Russel Westbrook Chrysler Dodge Jeep Ram of Van Nuys ("Dealer Defendant") and manufactured by Defendant FCA US, LLC ("FCA"). Accordingto Plaintiffs Complaint, the Vehicle allegedly developed defects to a variety of are...
2023.05.02 Demurrer to SAC, Motion to Strike to TAC 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.02
Excerpt: ...023 April 25: 2023 LAUSIY s demurrer is sustained, without leave to amend. LAUSIY s motion to strike is denied as moot. LAUSD is to give notice This action arises out of the employment of VJ Hirsch ("Plaintiff) with Defendant: Los Angeles Unified School District ("LAUSD) as a math teacher. Plaintiff alleges that he was hired by LAUSD in November 2003 and has uorked for San Femando High School, Reed Middle School, Mount Gleason Middle School, Van ...
2023.05.01 Motion to Compel Further Responses 892
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.05.01
Excerpt: ...2023 Plamtiffs motion is denied. Plaintiffs motion for sanctions is denied. Defendants' request for sanctions is denied. Defendants are to give notice. This action arises out of the employment of Eugenio Giordano, Ph.D. ("Plaintiff') by Google, LLC. ("Google"), a wholly owned subsidiary of Alphabet, Inc. ("Alphabet") (collectively "Defendants"). Defendants employed Plaintiff as a somvare engineer. According to the Complaint shortly after Plaintif...
2023.04.21 Motion for Attorney Fees 119
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.21
Excerpt: ... cccp S 1005) April 14: 2023 Defendants' motion is denied. Plaintiff is to give notice. This action arises from the employment of Curtis Morrison ("Plaintifff) u.ith Defendants Julie Ann Goldberg ("Goldberg") and Goldberg & Associates: PC ("Goldberg PC")_ Plaintiff alleges that Defendants employed him from July 2, 2018 to January 1 8: 2018 _ According to the Complaint, Plaintiff was allegedly not paid the correct wages and not reimbursed for busi...
2023.04.20 Motion for Attorney Fees 151
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.20
Excerpt: ...part. Plaintiffs are awarded $33,669.90 in total attorney's fees. Plaintiffs are to give notice. Background This is a lemon law action arising out of the purchase by Cesar Blanco, on behalf of Three Stars Builders, Inc. (“Plaintiffs”) of a new 2014 Dodge Ram (the “Vehicle”) manufactured by Defendant, FCA US, LLC (“FCA”). Plaintiff alleges that the Vehicle was delivered with defects and nonconformities to warranty, including engine and...
2023.04.20 Demurrer to FAA 246
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.20
Excerpt: ... 2023 REPLY: April 13, 2023 TENTATIVE: Plaintiffs' demurrer is sustained without leave to amend. Plaintiffs are to give notice. Background This is an action for declaratory relief arising out of Plaintiffs Alexandria Real Estate Equities (“Alexandria”) and Joel S. Marcus' (“Joel”) business ventures with Defendants Steven Marcus (“Steven”) and Bugsby Property, LLC (“Bugsby”). Plaintiffs' Complaint for declaratory relief filed Febru...
2023.04.13 Motion to Disqualify Counsel 363
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.13
Excerpt: ...005) REPLY: April 6, 2023 TENTATIVE: Koons' motion is granted. Koons is to give notice. Background This is an action arising out of the formation of a California entity, Boyle Flats Food and Beverage, Inc. dba Purgatory Pizza (“Plaintiff BFFB” or “Cross-Defendant BFFB”) by Tad Yenawine (“Plaintiff” or “Cross-Defendant”) and Alex Koons (“Defendant” or “Cross- Complainant”). Plaintiffs and Defendant operated a restaurant bus...
2023.04.13 Motion for Reconsideration 483
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.13
Excerpt: ... for reconsideration is denied. Defendant is to give notice. Background This action arises in connection with the work of Cherie Broussard (“Plaintiff”) as a model for television commercials and print advertisements. The Complaint alleges in June 2015, Sally Beauty Supply, LLC. (“Defendant”) hired Plaintiff to be photographed for commercial purposes. Plaintiff and Defendant entered into an agreement whereby Defendant would use Plaintiff's...
2023.04.10 Motion to Vacate Default Order 175
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.10
Excerpt: ...rch 30, 2023 None filed as of April 6, 2023 Defendants' motion is denied. Plaintiff is to give notice. This action arises out of a divorce settlement beb,veen Holly Wiersma CPIaintiff) and Cassian Elwes ("E Wes"). Accordmg to the operative Third Amended Complaint ("TAC"), Plaintiff and Elwes formally dissolved their marriage in September 2013 and Elwes granted Plaintiff an option (the "Option") commencing October 2013 and ending September 2015 (t...
2023.04.05 Demurrer to TAC, Motion to Strike 668
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.05
Excerpt: ...ndant Dr. Gregory L _ Ferraro ("Ferraro"), Defendant Scott Chaney ("Chaney"): Defendant Oscar Gonzalez ("Gonzalez"), Defendant Dennis V Alfieri ("Alfieri"): Defendant Damascus Castellanos ("Castellanos"): Defendant Brenda Washington Davis ("Davis"), Defendant Thomas C. Hudnut ("Hudnut"): and Defendant Wendy Mitchell ("Mitchell") Plaintiff Richard Baltas March 22, 2023; Supplemental Opposition filed March 23, 2023 March 27, 2023 Defendants: demurr...
2023.04.04 Demurrer, Motion to Strike 172
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.04.04
Excerpt: ...nt March 21, 2023 March 27, 2023 AAA's demurrer is sustained. Plaintiffs are granted 20 days leave to amend only as to the first, second, tenth, and eleventh causes of action against Defendant AAA, and not the eighth. Having sustamed AAA's demurrer, the motion to strike is moot Defendants are to provide notice. This premises liability action arises in connection with the apartment located at 6655 Obispo Avenue, Apt. 255, Long Beach, California 90...
2023.03.28 Motion for Leave to Amend SAC 040
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.28
Excerpt: ...efendants. MOVING PARTY: OPPOSITION: REPLY: Plaintiff David Allen. Defendants Pacific Seismic Products, Inc. and Giovanny Martinez. Plaintiff David Allen. Background Allegations Plamtiff David Allen sues Defendants Pacific Seismic Products, Inc., Giovanny Martinez, and Does 1 through 20 pursuant to a First Amended Complaint alleging (1) FEHA Discrimination, (2) FEHA Harassment (3) FEHA Retaliation, (4) FEHA Failure to Prevent Discrimination, Hara...
2023.03.28 Demurrer to SAC 969
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.28
Excerpt: ...tiff is granted 30 days leave to amend. Defendant is to give notice. This is a lemon law action arising out of a purchase by Marine Ter-Haroutuman ("Plaintiff') of a 2017 Maserati Ghibli (the 'Vehicle") manufactured by Maserati North America, Inc. ("Defendant') on or about November 24, 2020. Plaintiff alleges that she received various warranties in connection with the Vehicle in which Defendant undertook to preserve or maintain the performance of...
2023.03.22 Motion to Tax Costs 649
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.22
Excerpt: ...is granted. Plaintiff is to give notice. This forcible entry and detainer action arises out of possession of properties located at 21825, 21827, 21835 Nordhoff Street, Chatsworth, CA 91311 (the "Premises"). Good Vybes Real Estate, LLC ("Plaintiff') alleges that John Chaverra and Alternative Protective Services ("Defendants") entered the Premises in April 2021 and have unlawfully possessed the Premises without invitation or permission from Plainti...
2023.03.17 Motion to Compel Further Responses 246
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.17
Excerpt: ...y 17, 2023 Januaty 20, 2023 Plamtiffs' motion to compel further responses is granted. Defendant is to sewe verified, supplemental responses within 30 days of this date. Plaintiffs' request for sanctions agamst Defendant is also granted in the amount of $5,000.00. Plaintiffs are to gwe notice. This is an action for declaratory relief arising out of Plaintiffs, Alexandria Real Estate Equities ("Alexandria") and Joel S. Marcus' ("Joel") business ven...
2023.03.17 Motion to Compel Deposition of PMK 198
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.17
Excerpt: ..., 2023 Plaintiffs' motion is granted as to categories 1-10 and 26 and requests 1-4 and 6-9 of the PMK Notice. The motion is othermnse denied. Plaintiffs' motion for sanctions is also denied. The PMK deposition must commence within 45 days of this date and may take place by videoconference. Plaintiffs are to give notice. This is a lemon law action arising out of the purchase by Blanca Vazquez Trujillo and Elias Torres Martinez ("Plaintiffs") ofa 2...
2023.03.16 Demurrer to FAC, Motion to Strike FAC 056
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.16
Excerpt: ... 2023 March 9, 2023 Defendant's demurrer is sustained. As the demurrer has been sustained, Defendant's motion to strike is now moot Plaintiff is granted 30 days leave to amend. Defendant Tellez is to give notice. This action arises in connection with the sale, financing, and leasing of Defendant Throgmortons' Frame Clinic, Inc. ("Frame Clinics"), a business entity operating in California. David M. Throgmofton ("Plaintiff') entered into an agreeme...
2023.03.14 Motion to Strike 230
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.14
Excerpt: ... is provided 30 days leave to amend from this date. Defendants are to give notice. Background This is an action arising out of the former employment of Whitney Waters (“Plaintiff”) with Defendant Epps & Coulson, LLP (“Firm Defendant”) as a paralegal. Plaintiff's Complaint alleges that she began working for Defendant on June 27, 2022 and that she was subjected to a hostile, harassing work environment during her employment by one of Firm De...
2023.03.08 Demurrer, Motion to Strike 843
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.08
Excerpt: ...is sustained. Defendant's motion is also granted. Plaintiff is granted 20 days leave to amend. Defendant is to give notice. Background This action arises out of the employment of Bryan Davis (“Plaintiff”) with Defendant Influencer Design House, LLC (“IDH”) as a warehouse associate. IDH hired Plaintiff hired in May 2021 and terminated his employment on February 25, 2022. Plaintiff alleges his supervisor, Defendant Stephanie Betancourt (“...
2023.03.02 Petition to Confirm Arbitration Award 823
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.02
Excerpt: ...on is granted. The Award is confirmed. Plaintiffs are to give notice. Background This action arises out of an alleged contract of Plaintiff Betsy Merritt ("Merritt")("Contract") to sell her financial advisory practice to Plaintiff Joseph Singleton ("Singleton"). Plaintiffs allege that Defendants John and Jan Cartwright (collectively the "Cartwrights") were the Co-Regional Directors overseeing the financial advisory practices of both Merritt and S...
2023.03.02 Motion for Summary Judgment 924
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.03.02
Excerpt: ... is denied. Plaintiffs are to give notice. Background This is a medical malpractice action arising out of the care and treatment of Plaintiff Ahmad Sadeghein (“Sadeghein”) at Defendant Cedars-Sinai Medical Center (“Cedars”) for a spinal procedure. Sadeghein's wife, Plaintiff Nadereh Golbou (“Golbou”), also seek compensation for loss of consortium. The Complaint alleges that Sadeghein received medical care and underwent surgery at Ceda...
2023.02.24 OSC Re Contempt 875
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.24
Excerpt: ...23, in violation of this court's briefing schedule. TENTATIVE: Defendant Summers' motion for order to show cause re contempt is granted. Plaintiff is found in contempt of court under CCP § 1209. Plaintiff and Plaintiffs' counsel, jointly and severally, are sanctioned $1,000.00 pursuant to CCP § 1218, to be paid by March 6, 2023. The compliance date is set for March 31, 2023, for Plaintiff to discharge all outstanding payment obligations to Defe...
2023.02.24 Demurrer 827
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.24
Excerpt: ...ICE: OK MOTION: Defendant's Demurrer to the Complaint OPPOSITION: No opposition filed as of February 23, 2022. REPLY: No opposition filed as of February 23, 2022. TENTATIVE: Defendant's demurrer is sustained. Plaintiffs are granted 30 days leave to amend. Defendant is to give notice. Background This is a habitability action arising out of the residency of Luz Ramos, Samot Rodriguez, Katiana Rodriguez, Noel Ramos, a minor by and through his guardi...
2023.02.22 Demurrer 976
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.22
Excerpt: ...7, 2023 REPLY: February 14, 2023 TENTATIVE: Defendants' demurrer to the Complaint is sustained. Century only is granted 30 days leave to amend the first cause of action; Plaintiffs are granted 30 days leave to amend the remaining causes of action. Defendants are to give notice. Background This action arises out of the shares held in Plaintiff Century Rooter and Jetting Service, Inc. (“Century”). Plaintiff Robert Rose, Sr. (“Rose Sr.”) hol...
2023.02.17 Demurrer to FAC 788
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.17
Excerpt: ...Amended Complaint; OPPOSITION: January 19, 2023 REPLY: January 25, 2023 TENTATIVE: Judicial Defendants' demurrer is sustained, without leave to amend. Judicial Defendants are to provide notice. Background This action arises out of an alleged conspiracy to violate the rights of Jeffrey J. Olin (“Plaintiff”), who is an alleged victim of parental alienation. Plaintiff claims that a conspiracy began three and a half years ago to commit these viol...
2023.02.16 Motion to Compel Arbitration 710
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.16
Excerpt: ...TIVE: Defendant's motion is granted. Plaintiff is ordered to arbitrate his claims against NNA. This action is stayed pending completion of arbitration or further order of the court. The court sets an Order to Show Cause re Status of Arbitration for February 16, 2024, at 8:30 a.m. in Department 37. NNA is to give notice. Background This is a lemon law action arising in connection with the purchase by Jose Padilla Gomez on behalf of A&B Lathering a...
2023.02.16 Motion for Summary Judgment 345 (2)
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.16
Excerpt: ... give notice and prepare a proposed judgment. Background This action arises in connection with the incarceration of Eddie Rankin III (“Plaintiff”). Plaintiff alleges that he was incarcerated by Defendant California Department of Corrections and Rehabilitation (“CDCR”) and under its medical care from approximately 2002 to January 2019 and that he was partially paralyzed from the waist down prior to his incarceration. According to Plaintiff...
2023.02.16 Demurrer to FAC, Motion to Strike 072
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.16
Excerpt: ...demurrer is sustained. Defendant's motion to strike is granted. Plaintiff is granted 20 days leave to amend. Defendant is to give notice. Background This is a lemon law action arising out of the purchase by Enrique Valencia (“Plaintiff”) of a 2014 Chevrolet Cruze (“Subject Vehicle”) on or about July 16, 2016, manufactured by Defendant General Motors, LLC (“GM”). Plaintiff alleges that in connection with his purchase of the Subject Veh...
2023.02.09 Demurrer, Motion to Strike 363
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.09
Excerpt: ...NTATIVE: Cross-Defendants' demurrer is sustained. Cross-Complainant is granted 30 days leave to amend. Cross-Defendants are to give notice. Background This is an action arising out of the formation by Tad Yenawine (“Plaintiff” or “Cross-Defen-dant”) and Alex Koons (“Defendant” or “Cross-Complainant”) of a California entity, Boyle Flats Food and Beverage, Inc dba Purgatory Pizza (“Plaintiff BFFB” or “Cross-Defendant BFFB”)....
2023.02.08 Demurrer to SAC 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.08
Excerpt: ...days leave to amend. LAUSD is to give notice. Background This action arises out of the employment of VJ Hirsch (“Plaintiff”) with Defendant, Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff alleges that he was hired by LAUSD 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 that from...
2023.02.07 Motion to Compel Further Responses 424
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.02.07
Excerpt: ...f's motion for sanctions is also denied. GM is to give notice. __________________ Background This is a lemon law action arising out of the purchase by Jose Jimenez Gallardo (“Plaintiff”) of a 2019 Chevrolet Colorado (the “Vehicle”) from Defendant Win Chevrolet Inc. dba Win Chevrolet Hyundai (“Win”) and manufactured by Defendant General Motors, LLC (“GM”). Plaintiff alleges that in connection with his purchase of the Vehicle from W...

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