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2024.01.17 Motion to Compel Arbitration and Stay Action 799
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.17
Excerpt: ...o the second through sixth cause of action and denied as to the first cause of action. The action is stayed pending arbitration. BACKGROUND On July 7, 2023, William R. Welch (“Plaintiff”) filed a Complaint against Dalia Auto Paza, Inc. dba Diamond Buick GMC Cadillac Palmdale (“Defendant”) and Does 1 to 15. The operative First Amended Complaint (“FAC”) alleges six causes of action: (1) Violation of California's Consumer Legal Remedies ...
2024.01.17 Demurrer, Motion to Strike 061
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.17
Excerpt: ...ndant LAUSD's motion to strike is moot. BACKGROUND This action arises out of the employment of VJ Hirsch (“Plaintiff”) by Defendant Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff, proceeding in pro per, alleges that LAUSD hired him in November 2003 and has worked for San Fernando High School, Reed Middle School, Mount Gleason Middle School, Van Nuys Middle School, and Roy Romer Middle School. Plaintiff alleges ...
2024.01.16 Demurrer 660
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.16
Excerpt: ...ross-Complaint is continued to February 9, 2024, at 8:30 a.m. Plaintiff/Cross-Defendant's supplemental brief is due January 24, 2024. Defendant/Cross- Complainant's supplemental brief is due January 31, 2024. Plaintiff/Cross-Complainant to give notice. BACKGROUND On June 23, 2023, Patrick Muh-En Lu (“Plaintiff”) filed a Complaint against Lootably, Inc. (“Defendant”) and Does 1 to 10. Plaintiff seeks declaratory relief regarding whether hi...
2024.01.12 Motion to Strike or Tax Costs 172
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.12
Excerpt: ...3 REPLY: 5 January 2024 TENTATIVE: Plaintiffs' Motion to Strike and/or Tax Costs is denied. BACKGROUND This premises liability action arises in connection with the apartment located at 6655 Obispo Avenue, Apt. 255, Long Beach, California 90805 (the “Subject Property”). Bruce Gayfield, Orpha Gayfield, and Vicki Wilson (“Plaintiffs”) lived in the Subject Property as lessees of Defendants 3101 E. Artesia Apartments, LLC., Amusement Industry ...
2024.01.11 Motion for Summary Adjudication 368
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.11
Excerpt: ...rust. TRIAL DATE: 30 January 2024 PROOF OF SERVICE: OK PROCEEDING: Motion for Summary Adjudication OPPOSITION: 29 November 2023 REPLY: 08 December 2023 TENTATIVE: Plaintiff's Motion for Summary Adjudication is granted as to the eighth cause of action and denied as to the first, fifth, and ninth causes of action. BACKGROUND This action involves a dispute over ownership of a property. On February 3, 2022, Lermont Moukoian (“Plaintiff” or “Ler...
2024.01.11 Motion for Preliminary Injunction 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.11
Excerpt: ...er 2023 REPLY: 3 January 2024 TENTATIVE: Cross-Complainant Ideal's Motion for a Preliminary Injunction is denied. BACKGROUND This is a breach of contract, fiduciary duty, and corporate dissolution action arising out of investments made by Plaintiffs Yue Ma (“Ma”), Lihong Zhao (“Zhao”), Sunny West Coast Co. (“Sunny”), and Hua Ming Technology Co. (“HM Tech”), into Defendant Ideal International Investment, Inc. dba Ideal Logistics (�...
2024.01.10 Motion to Quash Service of Summons 368
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.10
Excerpt: ...al Appearing Defendant's Motion to Quash is granted. The Plaintiffs' request to order Cosentino Group, S.A. to comply with jurisdictional discovery is denied. BACKGROUND On March 22, 2023, Angel Gallegos-Botello and Araceli Mejia (collectively “Plaintiffs”) filed a Complaint against various Defendants alleging six causes of action: (1) negligence; (2) strict liability – warning defect; (3) strict liability - design defect; (4) fraudulent co...
2024.01.09 Motion for Judgment on the Pleadings 034
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.09
Excerpt: ...the first cause of action is denied. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On June 29, 2023, Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. The Defendant filed a reply on November 30, 2023. On Decemb...
2024.01.09 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.09
Excerpt: ... amend. The court sets a Non-Appearance OSC Re: Amended Complaint for January 26, 2024, at 8:30 a.m., and continues the Case Management Conference to March 28, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 23, 2023, Elizabeth Opiyo (the “Plaintiff”) in pro per, filed a Complaint against New Venture, Inc. (the “Defendant”). This case arises from a landlord tenant dispute involving four properties located in Los Angeles...
2024.01.05 Motion to Compel Arbitration 662
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.05
Excerpt: ...rnando Subacute Rehabilitation Center, LLC; and Sylmar Health & Rehabilitation Center, Inc. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Motion to Compel Arbitration OPPOSITION: 7 December 2023 REPLY: 13 December 2023 TENTATIVE: Defendants' Motion to Compel Arbitration and Stay the Action is granted. The court sets an OSC Re: Status of Arbitration for January 6, 2025, at 8:30 a.m. Defendants to give notice. BACKGROUND On August 29, 2023, ...
2024.01.05 Demurrer to SAC 763
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.05
Excerpt: ...ourt sets an OSC Re: Answer for January 31, 2024, at 8:30 a.m. The Case Management Conference is also continued to January 31, 2024, at 8:30 a.m. BACKGROUND On November 14, 2022, Eyad Wahby (“Plaintiff”) filed a Complaint against Downtime Prime, LLC (“Defendant”) and Does 1 to 20. This action arises out of a dispute between Plaintiff as tenant, and Defendant as the owner, of property located at 555 S. San Pedro St., Los Angeles, CA 90021 ...
2024.01.04 Motion to Quash Service of Summons and Complaint 689
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.04
Excerpt: ...t's Motion to Quash Service of Summons and Complaint is granted. Plaintiffs are given 30 days to file a new proof of service. BACKGROUND On October 3, 2022, Sergio Camacho, Philip Saada, Esther Cohen on behalf of and as Administrator for The Estate of Jack Cohen, Ralph Cohen, on behalf of and as a Representative of the Estate of Jack Cohen, and Tower 26, Inc. (collectively “Plaintiffs”) filed a Complaint against William Sydney “Trey” Prev...
2024.01.04 Motion to Strike 464
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2024.01.04
Excerpt: ...find licensed counsel. The court sets an OSC re Defendant's Counsel for February 9, 2024, at 8:30 a.m. BACKGROUND On June 13, 2023, Paul Dodds (“Plaintiff”) filed a Complaint against Aquaco Resources, Inc. (“Aquaco”); Patrick R. McEntee (“McEntee”); and Does 1 to 100. The Complaint alleges two causes of action: (1) Breach of Contract; and (2) Conversion. On September 26, 2023, Defendant McEntee, in pro per, filed a Response to Lawsuit...
2023.12.22 Motion to Compel Arbitration 167
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.22
Excerpt: ... Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Code § 12940(k); (4) Failure to Provide Reasonable Accommodation in Violation of Gov. Code §§ 12940 et se...
2023.12.21 Demurrer 979
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.21
Excerpt: ...TIVE: Defendants Hweisan Liu and E&C Logistics' demurrer to Plaintiffs' Fourth Amended Complaint is sustained without leave to amend as to the third cause of action and sustained with leave to amend as the fourth and fifth causes of action. Plaintiffs are given 20 days leave to amend the fourth and fifth causes of action. An OSC re Amended Complaint is set for __ at 8:30 a.m. BACKGROUND This is a breach of contract, fiduciary duty, and corporate ...
2023.12.20 Motion for Summary Judgment, Adjudication 612
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.20
Excerpt: ...POSITION: 25 October 2023 REPLY: 1 November 2023 TENTATIVE: Defendant Fire's Motion for Summary Judgment is denied. Defendant Fire's Motion for Summary Adjudication is granted as to the second cause of action for Fraudulent Misrepresentation, fourth cause of action for Promissory Estoppel, fifth cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing, sixth cause of action for Fraud and Deceit, seventh cause of action fo...
2023.12.15 Motion for Summary Judgment 957
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.15
Excerpt: ...s granted. BACKGROUND On March 1, 2021, Karen Majovski (“Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant”). The operative First Amended Complaint (“FAC”) alleges seven causes of action: (1) Discrimination based on Gender or Sex in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Associational Discrimination based on Gender or Sex; (3) Retaliation for Engaging in Protective Activity in Violat...
2023.12.15 Demurrer 435
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.15
Excerpt: ...TENTATIVE: Cross-Defendants' demurrer is sustained with leave to amend. Cross- Complainants are granted 30 days to amend Cross-Complaint. Defendants to give notice. BACKGROUND On July 3, 2023, Infinity Medical Alliance, Inc. (“Plaintiff” or “IMA”) filed a Complaint against A&G Management Services, Inc. (“A&G”); Aram Sharnazyan (“Sharnazyan”); and Does 1 to 50. The Complaint alleges four causes of action: (1) Breach of Contract, (2...
2023.12.14 Special Motion to Strike FAC 235
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.14
Excerpt: ...t Amended Complaint Pursuant to CCP § 425.16 OPPOSITION: 20 October 2023 REPLY: 25 October 2023 TENTATIVE: Moving Defendants' special motion to strike is granted. Plaintiff's request for attorney's fees is denied. Moving Defendants' request for attorney's fees as the prevailing party shall be decided by separate motion. Court sets OSC re Why Action Should Not Be Dismissed for December 22, 2023. PROCEEDING: Demurrer to FAC with Motion to Strike O...
2023.12.13 Motion to Tax Costs 479
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.13
Excerpt: ...endants' Motion to Tax Costs is denied. BACKGROUND This action arises from Anthony Guytan's (“Plaintiff”) employment with Swift Transportation from 2015 to 2016. The Complaint alleges that during his employment, Plaintiff engaged in activities protected under the public policies, regulations, and laws of the State of California and that as a result of Plaintiff's protected activity and complaints, Swift Transportation launched into a retaliat...
2023.12.13 Demurrer, Motion to Strike 472 (2)
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.13
Excerpt: ...fault against Defendant Newell is denied. BACKGROUND Self-represented Plaintiff Carl Gordon (“Gordon”) alleged his former attorney Defendant Felton Thomas Newell Jr. (“Newell”) and his law firm, The Newell Law Firm (“Newell Firm”) committed malpractice in representing Plaintiff giving rise to multiple causes of action. On November 21, 2019, Plaintiff filed his Complaint which alleged six causes of action against Defendant: (1) legal m...
2023.12.08 Motion to Compel Arbitration 167
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.08
Excerpt: ...t prejudice. BACKGROUND On April 3, 2023, Jose Diaz Bustamante (“Plaintiff”) filed a Complaint against Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Co...
2023.12.07 Motion for Judgment on the Pleadings 034
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.07
Excerpt: ...d. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On September 29, 2023, the Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. Defendant filed a reply on November 30, 2023. The matter is now before the court. MO...
2023.12.06 Motion for Summary Judgment, Adjudication 656
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.06
Excerpt: ...IVE: Defendants' Motion for Summary Judgment is denied. The court grants summary adjudication as to the first cause of action for Breach of Contract, and denies summary adjudication as to the second cause of action for Negligent Interference with Prospective Economic Advantage. BACKGROUND On August 1, 2023, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Veits; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1...
2023.12.06 Motion for Summary Judgment, Adjudication 032
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.12.06
Excerpt: ...ion for Summary Judgment is denied. Defendant AIX's Motion for Summary Adjudication of the second cause of action and claim for punitive damages is also denied. BACKGROUND On September 30, 2021, Seven Lions, Inc. (“Plaintiff”) filed a Complaint against Morris Kamkar dba Kamkar Insurance Agency (“Kamkar”); USG Insurance Services, Inc. (“USG”); AIX Specialty Insurance Company (“AIX”); and Does 1 to 20. The operative Complaint allege...

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