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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...

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