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2023.10.31 Demurrer 134
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.31
Excerpt: ...s entirety. BACKGROUND On May 17, 2023, Lucy Broadbent; David Norland; Steven, Shirley, and Eriq Quat; Julia Ganis; Scott Leslie; Denise and Jeff Turzo; Pouri Fox and Brandon Fox, and Anthony Ivanich (collectively “Plaintiffs”) filed a Complaint against 3585 Multiview, LLC (“Defendant”) and Does 1 to 50. Plaintiffs allege that Defendant's construction efforts on an upslope property caused mudslides and damages to Plaintiffs' respective pr...
2023.10.30 Motion for Summary Judgment 560
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.30
Excerpt: ...endants' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted as to the first, second, third, fifth, and sixth causes of action and Plaintiff's claim for punitive damages. Summary adjudication is denied as to the fourth cause of cause of action for declaratory relief. BACKGROUND This action arises in connection with the representation of Jason Lanc (“Plaintiff”) by Nick Movagar, Steven Yamin, Daniel Re...
2023.10.24 Motions to Dismiss 221
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.24
Excerpt: ...sanctions are denied. BACKGROUND On June 8, 2023, Bethany Kristovich (“Plaintiff”) filed a Complaint against Jonathan Benshalom, 727 Las Palmas, LLC, JR Pool & Spa Service Inc., JR Pool and Spa Services, Yoram David Najum aka Jerome Najum, Amit Apel Design, Inc., Amit Apel, Yuzon & Associates, Inc., Benigno Sari Yuzon, and Does 1 to 100. The Complaint alleges three causes of action: (1) violation of the standards set forth in Civ. Code §§ 8...
2023.10.23 Motion to Strike 431
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.23
Excerpt: ... Gillibrand Co. Inc.'s request to strike Paragraphs 94, 113, and 345 and Paragraph 7 in the Prayer for Relief is denied and granted as Paragraphs 76, 92, 111, 343, 427, and Paragraph 1 in the Prayer for Relief, without leave to amend. BACKGROUND This action arises out of the alleged exposure to chemicals of Shawn Michael Dolmage (“Decedent”) during his employment as a synthetic turf installer for Beyond the Turf, Inc. (“Beyond”). Accordin...
2023.10.23 Demurrer, Motion to Strike 368
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.23
Excerpt: ...TATIVE: Defendant Parsoda's demurrer to the fourth cause of action is sustained with 20 days leave to amend. Parsoda's motion to strike is also granted with 20 days leave to amend. The court sets an OSC Re Amended Complaint for December 4, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On March 22, 2023, Angel Gallegos-Botello and Araceli Mejia (collectively “Plaintiffs”) filed a Complaint against various Defendants alleging six caus...
2023.10.20 Demurrer to FAC 927
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.20
Excerpt: ...tion is sustained without leave to amend and overruled as to the second, third, and fourth causes of action. BACKGROUND This action arises in connection with real property located at 3712 E. 6 th Street, Los Angeles, California (the “Property”). Norma Rodriguez (“Plaintiff”) alleges that she is the sole owner of the Property, and that Reyes Rodriguez, Patricia Rodriguez and Eloisa Rodriguez (“Defendants”) are her siblings. According t...
2023.10.10 Motions for Judgment on the Pleadings 582
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.10
Excerpt: ...denied. BACKGROUND On November 5, 2020, John Doe 1 filed a Complaint against Roes 1 and 2. On December 8, 2020, John Doe 1 filed the operative First Amended Complaint (“FAC”) identifying the Los Angeles Unified School District (“LAUSD”) and Does 1 to 50 as Defendants and alleging a claim for personal injuries and damages arising from childhood sexual abuse. On February 2, 2022, John Doe 2 also filed a Complaint for personal injuries and d...
2023.10.10 Demurrer, Motion to Strike 676
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.10
Excerpt: ... PROCEEDING: Demurrer with Motion to Strike First Amended Complaint OPPOSITION: 4 October 2023 REPLY: 6 October 2023 TENTATIVE: Defendants' demurrer to the second and third causes of action is sustained with 15 days leave to amend. The demurrer to the fourth cause of action is sustained without leave to amend. Defendants' motion to strike the fourth cause of action is denied as moot, but is otherwise granted without leave to amend. The court sets...
2023.10.09 Motion for Attorney Fees, to Tax Costs 346
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.09
Excerpt: ...endant on August 9, 2023. TENTATIVE: Plaintiff's Motion for Attorney's Fees and Costs is granted in the amount of $386,659.14 in fees and $37,950.78 in costs. PROCEEDING: Motion to Tax Costs MOVING PARTY: Defendant Chico's FAS, Inc. OPPOSING PARTY: Plaintiff Shapell Socal Rental Properties OPPOSITION: 22 June 2023 REPLY: 18 July 2023 SUPPLEMENTAL BRIEFS: By Plaintiff on July 28, 2023; By Defendant on August 9, 2023. TENTATIVE: Defendant's Motion ...
2023.10.05 Motion to Strike Punitive Damages 711
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.05
Excerpt: ...s 45, 52, 61, 78, and 98 as well as Paragraphs 1(b), 2(b), and 4(b) to 8(b) in the prayer for relief will be stricken with leave to amend. BACKGROUND Shanah Richardson (“Plaintiff”) entered into a written lease agreement with Roya Gheytanchi (“Defendant Roya”) for 1610 S. Crest Drive (Guest House), Los Angeles, CA 90035 (the “Property”). She moved into the Property, which Defendant Roya and Yousef Gheytanchi (collectively “Defendant...
2023.10.04 Demurrer, Motion to Strike 420
Location: Los Angeles
Judge: Killefer, Gail
Hearing Date: 2023.10.04
Excerpt: ...eventh causes of action of the SAC is sustained with leave to amend. LAUSD's motion to strike is granted with leave to amend. The court sets an OSC re Amended Complaint for November 15, 2023, at 8:30 a.m. Defendant to give notice. On May 22, 2023, Jeryl Smith CPIaintiff') filed a Complaint against the Los Angeles Unified School District ("LAUSD" or "Defendant') and Does 1 to 20. The operative Second Amended Complaint ("SAC") alleges seven causes ...
2023.10.03 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...
2023.10.03 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 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 “...
2023.10.02 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...

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