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Judge: Rhodes, Randy x
2022.12.13 Motion for Determination of Good Faith Settlement 404
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.13
Excerpt: ...perty Management Inc.), and i.Asset Management, Inc. NOTICE: OK RELIEF REQUESTED: An order finding the settlement entered between all parties to be in good faith pursuant to Code of Civil Procedure section 877.6. RECOMMENDED RULING: The motion is granted. Moving Defendant is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIRE...
2022.12.07 Motion to Compel Further Responses 961
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.07
Excerpt: ...compelling Plaintiff to provide verified supplemental responses and all responsive documents to Defendant's Request for Production of Documents (“RFPs”), Set One, specifically request Nos. 14–16 and 18–46, and a privilege log to the extent Plaintiff is withholding any responsive documents on the basis of a purported privilege or other ground. Defendant also requests monetary sanctions against Defendants in the amount of $6,013.00. Defenda...
2022.12.07 Motion for Attorney Fees 455
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.07
Excerpt: ...on is granted in part. Defendant is awarded $35,611.16 in attorney fees. BACKGROUND Plaintiff is a homeowner who applied for and obtained funding from Defendant to finance home improvements she made under the Property Assessed Clean Energy Program (“PACE”). PACE is a state- issued program enabling cities and counties to provide homeowners and businesses with financing to pay for energy efficiency, water efficiency, and renewable energy produc...
2022.12.06 Demurrer, Motion to Strike 390
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.06
Excerpt: ... the TAC relating to Plaintiff's second cause of action, punitive damages, and attorney fees related thereto. TENTATIVE RULING: Moving Defendant's demurrer is SUSTAINED with 20 days leave to amend. Moving Defendant's motion to strike is therefore moot. I. BACKGROUND Procedural On 3/3/21, Plaintiff filed the original complaint, alleging against 11 named defendants causes of action for: (1) Medical Negligence; (2) Dependent Adult Abuse/Neglect; and...
2022.12.05 Motion to Quash Deposition Subpoena 493
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.05
Excerpt: ...n Chase Bank. Defendant also seeks an imposition of sanctions against Plaintiff in the amount of $2,750.00. This action arises out of three business loans extended by Plaintiff to defendant Topolewski America, Inc. (the “Company”). Plaintiff allegedly entered into three separate loan agreements with the Company on 7/26/19, 5/14/20, and 7/12/21, each secured by various pieces of the Company's equipment as collateral. (Compl. ¶¶ 11–19.) Pla...
2022.12.02 Demurrer 711
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.02
Excerpt: ...aintiffs”) NOTICE: OK RELIEF REQUESTED: An order sustaining Defendants' demurrer to Plaintiffs' entire first amended complaint (“FAC”) without leave to amend. RECOMMENDED RULING: The demurrer is sustained without leave to amend. Defendants' request for judicial notice is granted. BACKGROUND Procedural On 10/20/21, Plaintiffs filed their original complaint, alleging against 11 named defendants the following causes of action: (1) Violation of...
2022.12.01 Motion to Enforce Settlement 844
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.12.01
Excerpt: ...er 22, 2022. Plaintiff also requests a writ of possession of the subject property, and for the record to be unsealed, and judgment against Defendant in the amount of at least $200,000.00. RECOMMENDED RULING: Plaintiff's motion is GRANTED. Plaintiff is entitled to: (1) the outstanding unpaid balance of past due rent; (2) a forfeiture of Defendant's rights under the lease/rental agreement; and (3) possession of the subject premises. Plaintiff is re...
2022.11.29 Motion to Compel IMEs 981
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.29
Excerpt: ...e examination will be performed by Peter-Brian Andersson, MB.ChB., B.Sc.Med.(Hons), D.Phil. Dr. Andersson is a licensed neurologist in the State of California. (2) The examination will take place within 30 days of notice to Plaintiff, at Dr. Andersson's office, located at 18370 Burbank Blvd., Suite 107, Tarzana, CA 91356. (3) The examination will consist of a complete physical examination and a complete neurological examination. The entire examin...
2022.11.29 Motion for Leave to File SAC 326
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.29
Excerpt: ...e to file a second amended complaint. RECOMMENDED RULING: The motion is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly boo...
2022.11.28 Demurrer 539
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.28
Excerpt: ...s OVERRULED. I. BACKGROUND Procedural On 7/21/21, Plaintiffs filed their complaint alleging against two named defendants causes of action for: (1) Breach of Contract; and (2) Negligence. On 5/2/22, Culligan filed a demurrer and motion to strike Plaintiffs' complaint as to their first cause of action. The hearing was placed off-calendar as the parties stipulated for Plaintiffs to file a first amended complaint (“FAC”). On 7/29/22, Plaintiffs f...
2022.11.21 Demurrer, Motion to Strike 573
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.21
Excerpt: ...attorney fees. Renew requests that the Court take judicial notice of two Notices of Assessment. RECOMMENDED RULING: Renew's demurrer is OVERRULED. Renew's motion to strike is: (1) DENIED as to page 18, paragraph 5; and portions of paragraphs 46 and 56 of Perle's first amended complaint pertaining to attorney fees; and (2) GRANTED as to the portion of paragraph 43 of the first amended complaint which states “plus reasonable attorney's fees.” R...
2022.11.18 Motion to Compel Further Responses 479
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.18
Excerpt: ... within 10 days after hearing. Plaintiff also requests monetary sanctions against Defendants in the amount of $2,822.50. REQUEST FOR JUDICIAL NOTICE/EVIDENTIARY OBJECTIONS: Defendants' requests for judicial notice are GRANTED. Defendants' evidentiary objections are OVERRULED. RECOMMENDED RULING: Plaintiff is ordered to serve new requests for production on Defendants, which are narrowly tailored in scope pursuant to Code of Civil Procedure section...
2022.11.15 Motion to Strike 055
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.15
Excerpt: ... and an order for sanctions against Defendant in the amount of $446.00. TENTATIVE RULING: The motion is GRANTED. The request for sanctions is DENIED. RELEVANT BACKGROUND: On January 24, 2022, Plaintiff filed its complaint against Defendant for the following causes of action: (1) breach of contract; and (2) common counts. On February 8, 2022, Defendant filed its answer. On July 12, 2022, Plaintiff filed the instant motion. Defendant has not filed ...
2022.11.15 Motion to Compel Further Responses 479
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.15
Excerpt: ...intiff also requests monetary sanctions against Defendant in the amount of $2,822.50. REQUEST FOR JUDICIAL NOTICE/EVIDENTIARY OBJECTIONS: Defendant's request for judicial notice is GRANTED. Defendant's evidentiary objections are OVERRULED. RECOMMENDED RULING: The hearing on this motion is continued. The parties are ordered to continue their meet and confer efforts to informally resolve the previously unaddressed issues therein. BACKGROUND On 8/18...
2022.11.14 Motion to Strike 146
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.14
Excerpt: ...th prejudice. TENTATIVE RULING: The order is denied. RELEVANT BACKGROUND: On June 18, 2020, Plaintiff filed his original complaint against nine named defendants, seeking to set aside allegedly fraudulent transfers made to avoid satisfying a judgment in a previous action [1] where a jury awarded Plaintiff a total of $126,000 against defendant L&J Assets, LLC. On April 27, 2022 and May 3, 2022, the Court sustained two demurrers against defendants L...
2022.11.08 Motion for Summary Judgment 101
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.08
Excerpt: ...d through her Guardian ad Litem, Jacqueline Armstrong. Plaintiff has opposed the motion, and Defendant has filed its reply. RULING: Defendant's motion for summary judgment is granted. FACTUAL SUMMARY & RELEVANT PROCEDURAL HISTORY Plaintiff alleges that her father, decedent Larry Dolan, was traveling southbound on Soledad Canyon Road when his motorcycle when he collided with another vehicle, which was attempting to exit “an unmarked blind” dri...
2022.11.03 OSC Re Contempt 595
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.11.03
Excerpt: ...e (1) an order to show cause (a) why defendants Placerita Canyon Corporation (PCC) and Linda Townsley (Townsley) (collectively Defendants) should not be held in contempt and punished accordingly for violating the permanent injunction issued in Case No. PC 015878Y on May 8, 1998 (Permanent Injunction); and (b) why they should not be sanctioned for violating the Permanent Injunction; and (2) an order granting a further preliminary injunction. RULIN...
2022.10.28 Motion to Deem RFAs Admitted, to Compel Responses 170
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.10.28
Excerpt: ...oves to have her Requests for Admission (Set One) to defendant housingassistant.org (Defendant) deemed admitted. Plaintiff further seeks sanctions, reimbursement of costs, and attorney's fees against Defendant and its attorney of record Solomon Gresen in the amount of $3,437.50 under Cal. Civ. Proc. Code § 2033.280 (c). Plaintiff requests an order compelling Defendant to serve written responses, without objection, and produce documents responsiv...
2022.10.27 Demurrer 554
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.10.27
Excerpt: ...h of contract, second cause of action for breach of covenant of implied good faith and fair dealing, the seventh cause of action for intentional interference with contractual relations, and eighth cause of action for intentional interference with contractual relations. The Court SUSTAINS the demurrer to the third cause of action for breach of fiduciary duty, without leave to amend. The Court SUSTAINS the demurrer to the fourth cause of action for...
2022.10.26 Motion to Compel Compliance and Production of Docs 581
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.10.26
Excerpt: ...dant seeks an award of monetary sanctions against Plaintiff and its counsel in the amount of $3,560, for attorneys' fees and costs. If a reply and appearance are necessary, Defendant states it will request an additional award based on that time. RULING: GRANTED On August 3, 2021, Plaintiff filed a Complaint for Unlawful Detainer against defendant World Trading, 23, Inc. (Defendant) and others. Defendants asked Plaintiff what they were seeking, as...
2022.10.20 Motion to Compel Further Answers 279
Location: Los Angeles
Judge: Rhodes, Randy
Hearing Date: 2022.10.20
Excerpt: ..., Set No. 1; for reimbursement of Defendant's attorney's fees and costs in the sum of $3,902.57; and such other and further relief as the Court deems necessary and proper. RULING: DENIED. This action concerns the real property commonly known as 9892 Mercedes Avenue, Arleta, CA 92331 (“Subject Property”) that Plaintiff and Defendant Natividad Celaya's parents, Lydia and Jesus Barrera purchased. (Compl. ¶ 10.) Plaintiff claims that Lydia Barer...

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