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2024.03.28 Motion for Summary Adjudication 400
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.28
Excerpt: ...Management, Inc. (collectively “Verbena”) moves the Court for an order adjudicating each of Verbena's claims for implied indemnity, express indemnity, contribution, and declaratory relief against Defendant/Cross -Defendant Fiesta, Inc. dba Fiesta Blinds & Drapery (“Fiesta Blinds”) in favor of Verbena on the grounds that Fiesta Blinds owes a contractual duty to Verbena to defend Verbena against Plaintiffs Mohammad Parsajou and Kimia Karimi...
2024.03.28 Motion for Protective Order, for Monetary Sanctions 408
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.28
Excerpt: ...division (b), provides that “[t]he court for good cause shown may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarras sment, or oppression, or undue burden and expense.” The protective order may include direction “[t]hat, contrary to the representations made in a declaration submitted under Section 2030.050, the number of specially prepared interro...
2024.03.27 Motion to Strike 670
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.27
Excerpt: ... permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Los Angeles County Metropolitan Transportation Authority to give notice. REASONING Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves to strike the words “negligently, carelessly, managed and maintained” at paragraph 9 in Plaintiffs Eduard Cacares and Jennri Melendez (“Plaintiffs”)'s complaint. Defe...
2024.03.27 Motion to Compel Responses 397
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.27
Excerpt: ...nt of $1,010, payable by Cross -Defendant Mohammed Tehrani and defense counsel to Plaintiff Christian Carrillo and Plaintiff's counsel within thirty (30) days of ent ry of this order. Defendant/Cross -Complainant Marc Milo Mandel's Motion to Compel Responses to Requests for Production of Documents, Set One is GRANTED. Cross-Defendant Mohammed Tehrani shall serve code- compliant responses to Defendant/Cross- Complainant Marc Milo Mandel's Requests...
2024.03.27 Motion for Attorney Fees 464
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.27
Excerpt: ...$19,761.50 against Plaintiff Abigail Slotkin (“Plaintiff”) on the ground that Defendants prevailed in this action after the Court sustained Defendants' demurrer to Plaintiff's Third Amended Complaint in its entirety, without leave to amend, thereby disposing of Plaintiff's remaining causes of action. It is axiomatic that a party is permitted to recover reasonable attorney fees, when authorized by contract, statute, or law, pursuant to Code of...
2024.03.26 Motion to Set Aside Default 005
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.26
Excerpt: ...Plaintiff”) contends this motion is untimely, “a default judgment entered against a defend ant who was not served with a summons in the manner prescribed by statute,” thus failing to establish personal jurisdiction over the defendant, “is void.” (Dill v. Bernquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Pursuant to Code of Civil Proc edure section 473, subdivision (d), the Court may “set aside any void judgment or order,�...
2024.03.26 Motion for Attorney Fees 722
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.26
Excerpt: ...each of the implied covenant causes of action, and the Court sustained Defendant's demurrer to Plaintiff's Second Amended Complaint in its entirety, without leave to amend, thereby disposing of Plaintiff's remaining causes of action. Defendant argues that Plaintiff sought to recover its attorney fees under the operating agreements at issue in this action, thereby entitling Defendant to recover attorney fees, and Defendant's requested attorney fee...
2024.03.21 Motion for Summary Judgment, Adjudication 536
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.21
Excerpt: ...t filed an opposition to Plaintiff's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an oppo sition can be considered a concession that the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Legal Standard The purpose of a motion for summary judgme...
2024.03.20 Motion to Compel Responses 252
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.20
Excerpt: ...to Respond to Form Interrogatories, Set One is GRANTED. Plaintiff John Tebbens shall serve code -compliant responses to Defendant Michael B. Gerhardt, M.D.'s Form Interrogatories , Set One, without objections, within thirty (30) days of entry of this order. Defendant Michael B. Gerhardt, M.D.'s Motion to Compel Plaintiff, John Tebbens to Respond to Request for Production of Documents, Set One is GRANTED. Plaintiff John Tebbens shall serve code -c...
2024.03.19 Demurrer to FAC 999
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.19
Excerpt: ...ne Gretzky and Janet Gretzky to give notice. REASONING Request for Judicial Notice Defendants Wayne Gretzky and Janet Gretzky (“Defendants”) request judicial notice of the June 22, 2023, minute order in this action, and the August 1, 2023, minute order entered in Los Angeles Superior Court Case No. 22SMCV02110 (Mahajan v. Gretzky). Defen dants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Errata Plaintiff's First...
2024.03.13 Demurrer 524
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.13
Excerpt: ...a Lapplander may amend their complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants 25016 Walnut, LLC and Newhall Bliss, LLC to give notice. REASONING At the outset, the Court notes that Plaintiffs Joshuanna Lapp Lapplander and Chebella Lapplander (“Plainti...
2024.03.13 Demurrer to FAC 252
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.13
Excerpt: ...be Institute's Motion to Strike Portions of the First Amended Complaint is DENIED as MOOT. Defendant Providence Saint John's Health Center's Demurrer to Portions of Plaintiff's First Amended Complaint is SUSTAINED with thirty (30) days leave to amend as to the fifth and sixth causes of action. Defendant Providence Saint John's Health Center's Motion to Strike Portions of Plaintiff John Tebbens' First Amended Complaint is DENIED as MOOT. Plaintiff...
2024.03.13 Motion for Contempt of Court Orders 376
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.13
Excerpt: ... this action, and gave Plaintiff's name to other individuals. The motion does not include a proof of service upon Defendant, and while Plaintiff filed a proof of service on February 16, 2024, indicating that the motion was served by mail, Defendant states that Plaintiff did not serve the motion. In the interest of judicial efficiency, the Court addresses the merits of the purported motions, given that Defendant has filed a substantive opposition ...
2024.03.12 Motion to Vacate Renewal of Judgment or to Stay Enforcement 567
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.12
Excerpt: ...on. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendants move the Court to vacate Assignee of Record SMS Financial XI, LLC (“Assignee”)'s renewal of the 1994 judgment in this action or, alternatively, to stay enforcement of the judgment on the ground that Assignee is a terminated Arizona limited liability company that is not registered to do business in California and does not have a licen...
2024.03.12 Demurrer, Motion to Strike 111
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.12
Excerpt: ...orized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant The Regents of the University of California to give notice. REASONING Defendant The Regents of the University of California (“Defendant”) demurs to each claim alleged in Plaintiff Janis Hoffman (“Plaintiff”)'s complaint...
2024.03.08 Motion to Compel Responses, for Monetary Sanctions 770
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.08
Excerpt: ...al Interrogatories, Set One; Form Interrogatories - Employment Law, Set One; and Form Interr ogatories – General, Set One within twenty (20) days of entry of this order. The matters identified in Plaintiff Helena Vissing's Requests for Admission, Set One are deemed admitted against Defendant Antioch University as of the date of entry of this order . Plaintiff Helena Vissing's Request for Monetary Sanctions is GRANTED in the reduced amount of $9...
2024.03.06 Motion to Quash Summons 095
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.06
Excerpt: ...o Unlawful Detainer,” one said to be filed only by Defendant Sherman and the other said to be filed by both Defendants. Only one motion hearing reservation has been made, but the reservation is attached to both documents. Neither document includes proof of service of the motion upon Plaintiff John Oursland. However, in the interest of judicial efficiency, the Court addresses the merits of the purported motions, given that an opposition from Pla...
2024.03.06 Motion to Continue Trial 442
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.06
Excerpt: ...ING California Rules of Court, rule 3.1332(b), provides that “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessi...
2024.03.06 Demurrer 605
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.06
Excerpt: ...B (2010) 185 Cal.App.4th 1018, 1023.) Defendant The People of the State of California, acting by and through the Department of Transportation, to give notice. REASONING Defendant The People of the State of California, acting by and through the Department of Transportation (“Caltrans”) demurs to the claims for negligence and premises liability alleged in Plaintiff Rafael Moreno Fregoso (“Plaintiff”)'s complaint on the grou nd that Caltrans...
2024.03.05 Motion to Vacate Void Order, for Reconsideration 376
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.05
Excerpt: ...Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration for [sic] Ruling from April 12, 2023 for Diana Hajinazrarian [sic] Entry of Default from a Motion to Quash Filed; and that Plaintiff Is to File 3rd Amended Complaint Based on Tolling of Time that the Owner [of] the Stolen Funds Is Entitled to By Matter of Law is DENIED. Plaintiff Hedge Fund, Inc.'s Motion for Reconsideration of Order of May 10, 2023 and Order of May 12, 2023 is DENIED. Plain...
2024.03.01 Motion for Summary Judgment, Adjudication 209
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.03.01
Excerpt: ...r adjudication as to Plaintiff David Carter (“Plaintiff”)'s claims for misappropriation in Plaintiff's First Amended Complaint (“FAC”) on the ground that Plaintiff's claims are barred by the statute of limitations. Request for Judicial Notice Defendants request judicial notice of seven court records filed in this action. While the Court need not take judicial notice of its own case file, Defendants' request is GRANTED pursuant to Evidence...
2024.02.29 Motion to Compel Responses 418
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.29
Excerpt: ...ions, within thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC's Request for Monetary Sanctions is GRANTED in the reduced amount of $1,320, payable by Defendant Victor Lossi and defense counsel to Plaintiff Wilshire Quinn Income Fund Reit, LLC and Plaintiff's counsel with in thirty (30) days of entry of this order. Plaintiff Wilshire Quinn Income Fund Reit, LLC shall pay a second motion filing fee of $60 with...
2024.02.29 Motion for Summary Adjudication 039
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.29
Excerpt: ...Second Amended Complaint (“SAC”). At the outset, the Court notes that it has not considered Defendant's “Response to Plaintiff's Separate Statement of Additional Material Facts,” as this document is a reply separate statement not authorized by statute, and Defendant failed to seek leave of court to file such a document. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252 [“There is no provision in the statute for” incl...
2024.02.28 Motion to Compel Further Responses, for Monetary Sanctions 427
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.28
Excerpt: ...the reduced amount of $1,860, payable by Defendant Hessam Arashfar and defense counsel to Plaintiff Yeying Zhou and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff Yeying Zhou to give notice. REASONING Plaintiff Yeying Zhou (“Plaintiff”) moves the Court for an order compelling Defendant Hessam Arashfar (“Defendant”) to provide further responses and documents to Plaintiff's Requests for Production of Documents...
2024.02.28 Demurrer to FAC, Motion to Strike 097
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.28
Excerpt: ...(30) days leave to amend. Plaintiff Kyle Madison may amend his complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4 th 1018, 1023.) Defendants Mega Solutions, Inc. and Gal David Halabi to give notice. REASONING Defendants Mega Solutions, Inc. and Gal David Halabi (“Defendants”) ...
2024.02.22 Motion to Enforce Settlement Agreement 745
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.22
Excerpt: ...r settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of t he settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Defendant Jonathan Bolerjack (“Defendant”) moves the Court for an order deeming his written settlement agreement with Plai...
2024.02.22 Motion for Summary Judgment, Adjudication 176
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.22
Excerpt: ... (“Defendant”) moves for summary judgment or adjudication as to Plaintiff Arianna Libera (“Plaintiff”)'s claims for negligence and violation of Business and Professions Code section 17200 alleged against Defendant in the third, sixth, and seventh causes of action in Plaintiff's First Amended Complaint (“FAC”). Request for Judicial Notice Plaintiff requests judicial notice of the California Department of Real Estate License History Cer...
2024.02.21 Motion to Compel Production of Docs, for Monetary Sanctions 095
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ... the reduced amount of $510.00, payable by Defendant Joe Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Compel Defendant Catherine Bampoky's Compliance with Requests for Production of Documents, Set One is GRANTED. Defendant Catherine Bampoky shall provide code - compliant responses, without objections, to Plaintiff John Oursland's Requests for Product...
2024.02.21 Motion for Good Faith Settlement Determination 470
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ... section 877.6 enables a settling defendant to free itself not only from any further claims of the plaintiff but also from any subsequent liability to any non -settling defendant for equitable comparative contribution, or partial or c omparative indemnity. A settling defendant obtains this immunity by settling in “good faith.” Code of Civil Procedure section 877.6, subdivision (b), provides that the court may determine the good faith of a set...
2024.02.21 Demurrer 360
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ...add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Invasix, Inc. dba InMode to give notice. REASONING Defendant Invasix, Inc. dba InMode (“Defendant”) demurs to Plaintiffs Suzanne Swerner and Hana Sabour (“Plaintiffs”)'s fifth cause of action for fraud and ninth cause of action for intentional infliction of emotional distress, and ...
2024.02.21 Demurrer 318
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.21
Excerpt: ... (2010) 185 Cal.App.4t h 1018, 1023.) Defendant FlipKey LLC to give notice. REASONING Request for Judicial Notice Defendant FlipKey LLC (“Defendant”) requests judicial notice of the complaint filed in Case No. 21STCV29429 (Seeler v. Booking.com B.V.) and the allegation therein that “[t]he subject property had been booked through Defendant Booking.com B.V.'s website.” Defendant's request is GRANTED pursuant to Evidence Code section 452, su...
2024.02.16 Motion to Deem RFAs Admitted 095
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.16
Excerpt: ... Sherman to Plaintiff John Oursland and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff John Oursland's Motion to Deem Requests for Admission, Set One as Admitted [Against Defendant Catherine Bampoky] is GRANTED. The matters in Plaintiff John Oursland's Requests for Admission, Set One, are deemed admitted against Defendant Catherine Bampoky as of the date of entry of this order. Plaintiff John Oursland's Request for ...
2024.02.16 Motion for Summary Judgment, Adjudication 786
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.16
Excerpt: ...intiff James Won (“Plaintiff”)'s claims for breach of implied warranty and breach of express warranty. Plaintiff has not filed an opposition to Defendant's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an opposition can be considered a concession that the motion is meritorious. ...
2024.02.15 Motion to Quash Deposition Subpoena for Production of Docs 367
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.15
Excerpt: ...to FGMK, LLC, Defendant's outside accountants, seeking all communications, written agreements, financial statements, and supporting documents from various periods, starting on January 1, 2018, and ending on October 1, 2023. Defendant argues that the documents were prepared under specific privileges, are unrelated to Plaintiff's claims, and go beyond the scope of the issues in this action. Defendant also notes that it made written objections when ...
2024.02.14 Petition for Order of Relief from Claim Statute 140
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.14
Excerpt: ...ton (“Petitioner”)'s claim is based; and Mercury Insurance's Claim for Damages, received by the City on September 16, 2022, arising from the March 22, 2022, motor vehicle accident upon which Petitioner's claim is based. The City's request is DENIED, as there is no basis to t ake judicial notice of these documents. (See Petricka v. Department of Motor Vehicles (2001) 89 Cal.App.4th 1341, 1345, fn. 1 [“it would have been improper for the cour...
2024.02.14 Demurrer 820
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.14
Excerpt: .... REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declara...
2024.02.13 Motion for Relief from Default 777
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.13
Excerpt: ...ction and the default, despite his knowledge that Defendant was represented by counsel, Defendant did not receive mail at the subject premises, and the default is void because Defendant was not properly served with the summons and complaint. In the event service did not result in notice of the action to a party, section 473.5 of the Code of Civil Procedure, subdivision (a), provides, in relevant part: When service of a summons has not resulted in...
2024.02.09 Application for Default Judgment 142
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.09
Excerpt: ...ion of non-military service or proposed judgment as required by rule 3.1800(a) of the California Rules of Court. If Plaintiff believes he is relieved from this requirements, he must provide the Court with authority so stating. Second, the Court requires a declaration describing the costs sought in the memorandum of costs so the Court may determine whether the requested amounts are for reasonably necessary costs. (Code Civ. Proc., § 1033.5, subd....
2024.02.09 Motion to Continue Trial 756
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.09
Excerpt: ...ex parte application under the rules in chapter 4 of this division, with supporting declarations,” and the motion or application must be made “as soon as reasonably practical once the necessity for the continuance is discovered.” Rule 3.1332(c) of the California Rules of Court provides the “[c]ircumstances that may indicate good cause” to continue the trial, and rule 3.1332(d) provides “the facts and circumstances that are relevant to...
2024.02.08 Motion to Compel Second Physical Exam 362
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.08
Excerpt: ...edic surgeon Clive Segil, M.D., on the grounds that Plaintiff has claimed orthopedic injuries and ongoing mental and emotional injuries, and due to the passage of time, a second physical examination is necessary. Plaintiff has refused to appear for a second examination, and she opposes the motion on the ground that the City's motion is actually a thinly veiled motion to continue trial, the City delayed in inquiring about a second physical examina...
2024.02.08 Motion for Summary Judgment, Adjudication 017
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.08
Excerpt: ...ants”) move the Court for an order granting summary judgment or adjudication in their favor as to Plaintiff Katie Burgess (“Plaintiff”)'s claims for premises liability, negligence, and negligent hiring, retention, and supervision. Plaintiff has not filed an opposition to Defendants' motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party...
2024.02.08 Motion for Leave to Substitute Plaintiff 478
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.08
Excerpt: ...ndant/Cross-Complainant David Loomstein (“Defendant”) moves the Court for an order dismissing this action or, alternatively, requiring Plaintiff/Cross-Defendant The One Experience, LLC (“Plaintiff”) to file an undertaking to secure an award of costs in the amount of $46,535.00 on the ground that Plaintiff is a non-resident plaintiff. Plaintiff moves the Court for leave to substitute Flixcity Mgmt Inc. as the Plaintiff in this action pursu...
2024.02.08 Motion for Leave to File Amended Answer 831
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.08
Excerpt: ... previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plaintiff's claim is clear, but under substantive law, no liability exists and no amendment would change the result.” (Howard v. County of San Di...
2024.02.07 Motion to Reopen Discovery 943
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.07
Excerpt: ...f Civil Procedure Sections 2016.040 and 2024.050, subdivision (a). Here, Defendants Suzuki Motor Corporation and Suzuki Motor of America, Inc.'s counsel of record, Jordan S. Tabak avers he reached out to Plaintiff Hasid's counsel via email on December 5, 2023 regarding its request to reopen discovery. (Tabak Decl., ¶ 13.) Tabak further avers that Plaintiff Hasid's counsel never responded. (Id. at ¶ 14.) Therefore, Defendants Suzuki Motor Corpor...
2024.02.07 Demurrer 577
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.07
Excerpt: ... REASONING Meet and Confer As an initial matter, the Court notes that Defendants Daniel Borenstein and German Quality Builders, LLC meet-and-confer efforts were sufficient, as Code of Civil Procedure section 430.41, subdivision (a), requires meeting and conferring “in person or by telephone.” Here, Defendants Daniel Borenstein and German Quality Builders, LLC advance the declaration of their counsel of record Karen E. Aldeman, Esq. Counsel Al...
2024.02.06 Motion to Strike 331
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.06
Excerpt: ... days. (Code Civ. Proc., § 1167.3.) REASONING Defendant Lisa J. Gastineau (“Defendant”) demurs to Plaintiff Beverly Hills Properties, LLC (“Plaintiff”)'s complaint on the ground that Plaintiff did not serve the 3-Day Notice to Pay Rent or Quit in the manner required by Code of Civil Procedure section 1162, subdivision (a)(3), such that the complaint does not state facts sufficient to constitute a cause of action against Defendant. “[A]...
2024.02.06 Motion to Compel Deposition 088
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.06
Excerpt: ...bian's Request to Continue Trial is DENIED. Defendant Galia Kassabian's Request for Monetary Sanctions is DENIED. Plaintiff LFT Holdings, LLC to give notice. REASONING Plaintiff LFT Holdings, LLC (“Plaintiff”) moves the Court for an order compelling Defendant Galia Kassabian (“Defendant”) to appear for her deposition in accordance with the deposition notices and continuances served on October 27, 2023, December 8, 2023, December 12, 2023,...
2024.02.02 Motion to Continue Anti-SLAPP Motion, to Conduct Limited Discovery 822
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.02
Excerpt: ...o Defendants for maintenance to resolve problems with mold in the bathroom sink, water intrusion, roach infestation, and asbestos concerns, among others, but Defendants did not resolve the issues, and Defendants filed an unlawful detainer action against Plaintiff. After being served with the complaint, Defendants GK Management Co., Inc., Goldrich Kest, LLC, Goldrich & Kest Industries, LLC, Dolphin Marina Ltd., and Goldrich, Kest, Hirsch & Stern, ...
2024.02.02 Motion for Summary Judgment, Adjudication 278
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.02
Excerpt: ... Instrument No. 20220668506, recorded June 27, 2022, in the Records of Los Angeles County, Recorder's Office; Notice of Default, Instrument No. 20230133725, recorded on March 2, 2023, in the Records of Los Angeles County, Recorder's Office; Notice of Trustee's Sale, Instrument No. 20230363601, recorded June 5, 2023, in the Records of Los Angeles County, Recorder's Office; and Trustee's Deed Upon Sale, Instrument No. 20230595159, recorded Septembe...
2024.02.02 Motion for Leave to File FAC, to Bifurcate 010
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.02
Excerpt: ..., subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the fa...
2024.02.01 Motion to Quash Deposition Notice and Stay Deposition, for Protective Order, for Monetary Sanctions 036
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.02.01
Excerpt: ... deposition and staying the deposition pursuant to Code of Civil Procedure section 2025.410, subdivision (c), and for a protective order that the deposition not be taken at this time pursuant to Code of Civil Procedure section 2025.420, subdivision (b). Code of Civil Procedure section 2025.410, subdivision (c), provides that in addition to serving a written objection to a notice of deposition, “a party may also move for an order staying the tak...
2024.01.31 Demurrer 129
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.31
Excerpt: ...ation shall file and serve an answer to Plaintiffs Samuel Korn and Aliza Korn's Complaint within ten (10) days of entry of this order. (Cal. Rules of Court, rule 3.1320(j).) Defendant Park Plaza Condominiums Homeowners Association to give notice. REASONING Defendant Park Plaza Condominiums Homeowners Association (“Defendant” or “the HOA”) demurs to all causes of action in Plaintiffs Samuel Korn and Aliza Korn (“Plaintiffs”)'s complain...
2024.01.31 Motion to Compel Further Responses, for Monetary Sanctions 209
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.31
Excerpt: ...all provide supplemental responses to the identified requests for production within twenty (20) days of entry of this order. Plaintiff David Carter's Motion to Compel Defendants [sic] AI List Capital 1, LP's Further Responses to Requests for Production (Set 1) is GRANTED. Defendant AI List Capital 1, LP shall provide supplemental responses to the identified requests for production within twenty (20) days of entry of this order. Plaintiff David Ca...
2024.01.30 Demurrer, Motion to Strike 403
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.30
Excerpt: ... days leave to amend. Defendant Abigail Elizabeth Beggs, M.D.'s Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED with twenty (20) days leave to amend. Defendant Abigail Elizabeth Beggs, M.D.'s Motion to Strike Portions of Plaintiff's [sic] Second Amended Complaint is DENIED as MOOT. Plaintiffs Marciela Javier, Uriel Javier, and Daniel Javier may amend their complaint only as authorized by the Court's order and may not amend the compl...
2024.01.25 Motion to Compel and Exclude 129
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.25
Excerpt: ..., which states that “[a] record must not be filed under seal without a court order.” Again, there is no pending application or motion to seal from any party, simply a notice of lodging confidential materials, despite the requirement, pursuant to rule 2.551(b)(1) of the California Rules of Court, that “[a] party requesting that a record be filed under seal must file a motion or an application for an order sealing the record,” and “[t]he ...
2024.01.25 Motion for Judgment on the Pleadings 144
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.25
Excerpt: ...ssued in Case No. 22SMCV01311 (Kapa Investment v. Collision Craft, Inc.). Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendant Collision Craft, Inc. (“Defendant”) moves for judgment on the pleadings as to all causes of action in Plaintiff Kapa Investment (“Plaintiff”)'s complaint on the ground the claims at issue in this action are barred by res judicata. Defendant also argues that the ...
2024.01.25 Demurrer 530
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.25
Excerpt: ...Los Angeles Superior Court Case No. 22SMCV00465 (Bradmore Lincoln, LLC v. Clare Foundation, Inc.), a request for dismissal with prejudice of that action, a notice of settlement in that action, and a notice of ruling dated November 8, 2022 in that action. Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). The Court notes that it only takes “judicial notice of the truth of facts asserted in documents such as or...
2024.01.24 Motion to Strike, Demurrer 128
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.24
Excerpt: ....App.4th 1018, 1023.) Defendant John Chickanis to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 99...
2024.01.24 Demurrer to SAC 099
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.24
Excerpt: ...023.) Defendant Malibu Dream Resort, LLC to give notice. REASONING Request for Judicial Notice Plaintiff Shabana Arman (“Plaintiff”) requests judicial notice of two Los Angeles County ordinances. Plaintiff's request is GRANTED pursuant to Evidence Code section 452, subdivision (b). Legal Standard “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurr...
2024.01.23 Motion for Leave to File FAC 049
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.23
Excerpt: ...mended Complaint The court may grant leave to amend the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that i...
2024.01.23 Demurrer to FAC 322
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.23
Excerpt: ... to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Gregory Meguerian; John Meguerian; Yvette Christina Hernandez; Patrick Bon; Elevated Investment Group, Inc.; and The Reefinery, Inc.to give notice. REASONING Defendants Gregory Meguerian; John Meguerian; Yvette Christina Hernandez; Patrick Bon; New Line Jeopardy, LLC; Elevated Investm...
2024.01.23 Motion for Leave to File FAC 207
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.23
Excerpt: ... (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be...
2024.01.23 Motion to Compel Arbitration, Stay Proceedings 711
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.23
Excerpt: ... of a minute order granting Defendant's motion to compel arbitration in an Orange County Superior Court action (Case No. 30-2022-01269688-CU-BC-NJC) (Prime Healthcare Huntington Beach LLC v. Oscar Health Plan of California). Defendant's request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Analysis Defendant moves for an order compelling Plaintiff Curative Labs Inc. (“Plaintiff”) to submit its first, second, and third cau...
2024.01.19 Motion to Permit Pretrial Discovery of Financial Condition 254
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.19
Excerpt: ...�) on the ground that a substantial probability exists that Plaintiff will prevail on his claims for punitive damages against these defendants. Civil Code section 3295, subdivision (c), provides that no pretrial discovery by a plaintiff into the financial condition of the defendant shall be permitted unless the Court enters an order permitting such discovery. “Upon motion by the plaintiff supported by appropriate affidavits and after a hearing,...
2024.01.19 Motion to Enforce Confidential Settlement Agreement 076
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.19
Excerpt: ...eys' Fees is DENIED without prejudice. Defendant Sprout Mortgage, LLC may file a separately noticed motion for attorney fees and costs as to these motions. Plaintiffs Shahram Jeff Javidzad and Monica Nourman Javidzad, individually and as Co-Trustees of the JM Javidzad 2008 Trust dated September 18, 2008's Motion to Enforce Settlement Agreement Pursuant to Code of Civil Procedure section 664.6 and for an Award of Fees and Costs is DENIED. Defendan...
2024.01.19 Motion for Summary Adjudication 505
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.19
Excerpt: ...ital Group, LLC and second cause of action for breach of guaranty against Defendant Gary Reed Enterprises, Inc. Defendants Reed Capital Group, LLC and Gary Reed Enterprises, Inc. (“Defendants”) oppose the motion and argue there are triable issues as to these claims. The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, ...
2024.01.18 Motion for Summary Judgment 721
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.18
Excerpt: ...netary judgment. Defendant Brittne Allen (“Defendant”) has not filed an opposition to Plaintiff's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an opposition can be considered a concession that the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, ...
2024.01.12 Motion to Consolidate for for Stay of Unlawful Detainer Action 082
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.12
Excerpt: ...mote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions.” (Estate of Baker (1982) 131 Cal.App.3d 471, 485.) In deciding whether to consolidate actions, the Court generally considers the following factors: (1) timeliness of the motion, i.e., whether granting consolidation would delay the trial of any of the cases involved; (2) complexity, i.e., whether joining the action...
2024.01.10 Motion to Compel Further Responses 508
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.10
Excerpt: ... Plaintiff Adriana Fadlallah's Motion for Order Compelling Further Responses to Form Interrogatories is GRANTED. Defendant Robert McKee shall provide code-compliant responses to all requests identified as “at issue” in the motion, without objections except as to attorney work product and attorney-client privilege, with an accompanying privilege log if so invoked, within thirty (30) days of entry of this order. Plaintiff Adriana Fadlallah's Mo...
2024.01.10 Demurrer to FAC 014
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.10
Excerpt: ...ry of the Court's order. Plaintiff may only amend the pleading as to the causes of action pled in the First Amended Complaint; Plaintiff may not amend the complaint to add a new party or cause of action without filing a motion for leave to amend for the Court's consideration. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Vladimir Valsky and VIG Private Lending, Inc. to give notice. REASONING Currently pending be...
2024.01.09 Special Motion to Strike 866
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.09
Excerpt: ...h an issue of public interest, and Plaintiff cannot demonstrate a likelihood of success on his claims. In the complaint, Plaintiff alleges he is a former DJ operating under the name “White Lightning,” Defendant is a club promotor, and together Plaintiff and Defendant were business partners who worked together for 17 years promoting and producing events at club venues in Los Angeles, where Plaintiff would perform as the featured DJ. (Compl. ¶...
2024.01.05 Motion to Set Aside Default, Judgment 923
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.05
Excerpt: ...thin twenty (20) days of entry of this order. Plaintiff's request for sanctions is DENIED. Plaintiff Carol Steiner, individually, and as Successor Trustee of the Edward F. Hustedt and Eleanor Vallee Hustedt Trust dated October 20, 1991, also known as the Hustedt Inter Vivos Trust U/D/T 10/20/91, and of all Sub-Trusts thereunder, to give notice. REASONING A party may obtain discovery pursuant to a deposition subpoena that commands the production o...
2024.01.05 Motion to Assess Contractual Attorney Fees 302
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.05
Excerpt: ...section 1293.2 and the attorney fees clause in the retainer agreement with Respondents. In its reply, Petitioner revises its requested amount to $33,414.60. On August 23, 2023, the Court issued an order granting in part and denying in part Petitioner's Petition to Confirm Contractual Arbitration Award, thereby confirming the petition consistent with the Initial Arbitration Award dated March 29, 2023, and Order Correcting Arbitration Award dated A...
2024.01.05 Motion for Summary Judgment, Adjudication 908
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.05
Excerpt: ...ing parties to give notice. REASONING Defendant Corina Godoy-Farias, LVN's Motion for Summary Judgment, or in the Alternative, Summary Adjudication Defendant Corina Godoy-Farias, LVN (“Defendant Nurse Godoy-Farias”) moves the Court for an order granting summary judgment or adjudication in her favor as to Plaintiffs Ricardo Vasquez and Fidela Vasquez (“Plaintiffs”)'s claims for fraud – falsification of medical records, negligence – med...
2024.01.03 Demurrer, Motion to Strike 703
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.03
Excerpt: ...to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Samuel Luke Llaneras to give notice. REASONING Defendant Samuel Luke Llaneras (“Defendant”) demurs to the third cause of action for fraud in Plaintiff Alex Hakimfar (“Plaintiff”)'s complaint and moves to strike Plaintiff's claims and prayer for punitive or exemplary damages. Pla...
2024.01.03 Motion to Compel Responses, for Sanctions 474
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.03
Excerpt: ...order. Defendant MAPFRE Insurance Company's request for monetary sanctions is DENIED. Defendant MAPFRE Insurance Company shall pay eleven (11) additional filing fees of $60 within ten (10) days of entry of this order. Defendant MAPFRE Insurance Company to give notice. REASONING As a preliminary matter, the Court notes that Defendant MAPFRE Insurance Company (“Defendant”) has filed twelve motions as one, that is, two motions to compel response...
2024.01.02 Demurrer, Motion to Strike 043
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.02
Excerpt: ... DENIED as MOOT. Defendants shall prepare, serve, and submit a proposed judgment as per statute. Moving parties to give notice. REASONING Defendants Mark Konopaske and Ann Wisniewski's Demurrer to Fourth Amended Complaint; Defendant County of Los Angeles' Demurrer to Plaintiff's Fourth Amended Complaint In her Fourth Amended Complaint (“4AC”), Plaintiff Rhonda Jessum (“Plaintiff”) alleges two claims for quiet title, one against “Public ...
2024.01.02 Motion to Vacate Conditional Dismissal and Entry of Judgment 493
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2024.01.02
Excerpt: ...NING Plaintiff American Express National Bank (“Plaintiff”) moves the Court for an order vacating the dismissal of this action and entering judgment against Defendant Randall Emmett (“Defendant”) in the amount of $250,964.24, which includes the remaining principal of $250,401.24 plus $563.00 in costs. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the co...
2023.12.12 Demurrer, Motion to Strike 911
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.12
Excerpt: ... First Amended Complaint within five (5) days of entry of this order. (Code Civ. Proc., § 1167.3.) Defendants Katherine Roshodesh and Solomon Roshodesh to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the p...
2023.12.08 Demurrer to TAC 474
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.08
Excerpt: ...endant/Cross-Complaint Qian “Caroline” Wang to give notice. REASONING Request for Judicial Notice Defendant/Cross-Complaint Qian “Caroline” Wang (“Defendant”) requests judicial notice of the Court's July 8, 2021, minute order, as to Defendant's demurrer to Plaintiff/Cross-Defendant David Weijian Su (“Plaintiff”)'s complaint, the Court's July 7, 2022, minute order as to Plaintiff's demurrer to Defendant's cross-complaint, the Court...
2023.12.08 Demurrer to TAC 350
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.08
Excerpt: ...endant/Cross-Complaint Qian “Caroline” Wang to give notice. REASONING Request for Judicial Notice Defendant/Cross-Complaint Qian “Caroline” Wang (“Defendant”) requests judicial notice of the Court's July 8, 2021, minute order, as to Defendant's demurrer to Plaintiff/Cross-Defendant David Weijian Su (“Plaintiff”)'s complaint, the Court's July 7, 2022, minute order as to Plaintiff's demurrer to Defendant's cross-complaint, the Court...
2023.12.07 Petitions to Vacate Arbitration Award, to Confirm Arbitration Award 337
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.07
Excerpt: ...Petitioners Zalman Nemtzov and Zalman N., Inc. (“Petitioners”) petition the Court for an order confirming the arbitration award dated July 13, 2023, which awarded Petitioners the total sum of $318,444.65, consisting of $98,750 for foundation work provided to Respondents Paul Kambur and Kambur Construction Group, Inc. (“Kambur Construction”) (collectively “Respondents”), $95,000 for a violation of Business and Professions Code section ...
2023.12.07 Motion for Summary Judgment, Adjudication 622
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.07
Excerpt: ...o triable issue of fact as to Plaintiff's right to immediate possession of the premises and a monetary judgment. Defendants Michael K. Obeng, M.D., PA, Inc. and Michael K. Obeng, M.D. (“Defendants”) have not filed an opposition to Plaintiff's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failur...
2023.12.06 Motion to Consolidate, for Leave to File FACC 707
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.06
Excerpt: ...ons of law or fact. (Code Civ. Proc., § 1048, subd. (a).) The purpose of consolidation is “to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions.” (Estate of Baker (1982) 131 Cal.App.3d 471, 485.) In deciding whether to consolidate actions, the Court generally considers the following factors: (1) timeliness of the motion, i.e., whether granting consolidation ...
2023.12.06 Motion to Compel Responses 252
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.06
Excerpt: ...s purported medical necessity, despite Plaintiff having failed to provide any evidence of his medical status. The motions came on for hearing on October 26, 2023, and the Court continued the hearings once more after receiving a late filing from Plaintiff documenting his medical status. The Court exercises its discretion to continue the hearings set for the present date to January 12, 2024, as Plaintiff submits evidence of disability until January...
2023.12.05 Motion to Compel Responses, for Monetary Sanctions 457
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.05
Excerpt: ...ambiz Rouhani to give notice. REASONING Defendants Rouhani Construction, Inc. and Kambiz Rouhani's Motion to Compel Response to Form Interrogatories, Set One; Request for Monetary Sanctions If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subds. (b), (c).) Failure to timely respond waives al...
2023.12.05 Demurrer to FAC, Motion to Strike 950
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.05
Excerpt: ...merican Title Insurance Company's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED with thirty (30) days leave to amend. Plaintiff Leon Thompson Jr. may amend his complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Moving parties to give notice. REASONING...
2023.12.01 Demurrer to FAC, Motion to Strike 805
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.01
Excerpt: ...ays leave to amend. Defendant Debra Stafford, M.D.'s Motion to Strike Portions of First Amended Complaint is DENIED as MOOT. Plaintiff Thomasina White may amend her complaint only as authorized by the Court's order and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Moving parties to give notice. REASONING “[A] de...
2023.12.01 Motion to Dismiss FAC 450
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.01
Excerpt: ... Plaintiff J&C Global Holdings, Inc. shall file evidence that it is an active corporation in good standing within thirty (30) days of entry of this order, or Plaintiff's complaint will be dismissed, and its default will be entered as to Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC dba HB Securities, LLC, NMS Capital Group, LLC, and BDMGMT Partners, LLC's cross-complaint. Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC d...
2023.12.01 Motion for Summary Judgment 083
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.12.01
Excerpt: ...contract rescission, declaratory relief, unjust enrichment, and wrongful retention of security deposit. Plaintiffs have not filed an opposition to Defendant's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an opposition can be considered a concession that the motion is meritorious. (...
2023.11.29 Motion for New Trial or for Reconsideration of Denial of Petition for Relief from Claim Statute 467
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.29
Excerpt: ...8 after the Court issued its minute order on June 21, 2023, and signed an order on June 30, 2023, denying Petitioner's request for an order relieving him from Government Code section 945.4 after Respondents County of Los Angeles (“the County”) and City of Beverly Hills (“the City”) denied Petitioner's request for leave to present a late claim beyond the deadline set forth in Government Code section 911.2. The County has filed an objection...
2023.11.28 Application to Appear Pro Hac Vice 711
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.28
Excerpt: ...ive Labs Inc. PROOF OF SERVICE: OK CONDITIONS: 1. Associated with California Attorney: Eric D. Martin of Bryan Cave Leighton Paisner LLP 2. Verified declaration: Yes 3. Service on State Bar at SF Office: Yes 4. Payment of $50 fee to State Bar: Yes 5. Good standing and not currently suspended/disbarred: Yes 6. Number of other Calif. appearances in last 2 years: None 7. Residence Address: (1) Hugh Ruston Comley: 54 Cascades Circle West, Clinton, MS...
2023.11.22 Special Motion to Strike, for Attorney Fees 122
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.22
Excerpt: ... the amount of $3,960.00. Defendants Via Marina Tahiti Homeowners Association, Devon Britton, Jesse Hernandez, Mary Hewitt, and Michael Higgins to give notice. REASONING Defendants Via Marina Tahiti Homeowners Association, Devon Britton, Jesse Hernandez, Mary Hewitt, and Michael Higgins (“Defendants”) move to strike portions of Plaintiff Lawrence Silver (“Plaintiff”)'s complaint, specifically the entirety of paragraph 14; the entirety of ...
2023.11.22 Demurrers to SAC 032
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.22
Excerpt: ...nica Community College District and Susan Fila (“Defendants”) request judicial notice of the transcript from the September 13, 2023, hearing in this action, relating to Defendants' current demurrer. Defendants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Legal Standard “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A dem...
2023.11.17 Motion to Quash Purported Service of Summons, Complaint, and Amendment to Complaint 318
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.17
Excerpt: ... Civil Procedure section 418.10, subdivision (a)(1), provides that a defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him. Defendants Niles Forester and Niles Forester Music Inc. move to quash service of the summons and complaint upon them on the ground that Plaintiff Erin Hughes (“Plaintiff”) failed to serve Defendants in a code-complaint manner. The proofs of service filed on the docket ...
2023.11.17 Motion for Summary Judgment, Adjudication 908
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.17
Excerpt: ...asquez (“Plaintiffs”)'s claims for fraud – falsification of medical records, negligence – medical malpractice, and negligent infliction of emotional distress against her. Plaintiffs have not filed an opposition to Defendant's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an ...
2023.11.14 Motion to Compel Unqualified Responses 603
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.14
Excerpt: ... Set One, within five (5) days of entry of this order. (Code Civ. Proc., §§ 2030.260, subd. (b); 2031.260, subd. (b).) Defendant Andrea Bari's Request for Monetary Sanctions is GRANTED in the reduced amount of $900, payable by Plaintiff Jerome Nash d/b/a Golden State Landmark to Defendant Andrea Bari and defense counsel within five (5) days of entry of this order. Defendants Andrea Bari to give notice. REASONING Defendant Andrea Bari (“Defend...
2023.11.14 Motion for Unsealing of Docs 885
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.14
Excerpt: ...etent and lacked capacity and provided detailed information to support such statements, and the motion was sealed. Shannon now seeks to use this information, which may include references to medical records and reports, in a pending trust action wherein Shannon contends Decedent was under undue influence or lacked capacity when the testamentary documents were executed. (Mot., Martin Decl. ¶¶ 2, 10, 14.) Defendant Josette LeRoy (“LeRoy”), who...
2023.11.14 Demurrer 869
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.14
Excerpt: ...er and may not amend the complaint to add a new party or cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Brian Weiner and Excel Global Family Office, Inc. to give notice. REASONING Defendants Brian Weiner and Excel Global Family Office, Inc. (“Defendants”) demur to each of the six causes of action set forth in Plaintiff Arden Silverman dba Capital Ass...
2023.11.08 Motion for Summary Judgment 144
Location: Los Angeles
Judge: Sepe-Wiesenfeld, Lisa
Hearing Date: 2023.11.08
Excerpt: ...aims against Defendant Albert Lai, M.D. Defendants The Regents of the University of California, Andrew Hudson, M.D., Linda Liau, M.D., and Albert Lai, M.D. to give notice. REASONING Defendants The Regents of the University of California, Andrew Hudson, M.D., Linda Liau, M.D., and Albert Lai, M.D. move the Court for an order granting summary judgment in their favor and against Plaintiff Richard Zajac (“Plaintiff”). First, the Court notes that ...

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