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2024.04.25 Petition for Relief from Government Code 131
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.25
Excerpt: ...nts CITY OF MAYWOOD; COUNTY OF LOS ANGELES; and CITY OF LOS ANGELES (collectively “Defendants”) on July 10, 2023. Plaintiff alleges that “[o]n August 13, 2022, Plaintiff was riding his bicycle at or near 5005 District Blvd., and/or near the intersection of District Blvd. and Slauson Ave., Maywood, CA 90270 (‘SUBJECT AREA' and/or ‘INCIDENT') when he suddenly encountered a defective, raised, broken, cracked, dangerous, dilapidated, and un...
2024.04.25 Demurrer, Motion to Strike 921
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.25
Excerpt: ...s that American Honda Motor Company (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2019 Honda Odyssey vehicle. (See e.g., Complaint ¶¶8, 18.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Fraudulent Inducement -Concealment Defendants generally demur to the fifth and ...
2024.04.25 Motion for Reconsideration 420
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.25
Excerpt: ...ry 21, 2019, Plaintiff was invited onto Defendants' property…. [¶] Defendants… negligently installed and/or maintained the floor of the second story of Defendants' building, leaving the fl oor of the second story to be unsecure and too unsafe to walk on, so as to create a hazardous and dangerous condition. [¶] The hazardous and dangerous condition posed by second story floor was known, or in the exercise of ordinary and reasonable care woul...
2024.04.24 Motion for Sanctions 827
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.24
Excerpt: ...mount of $703,484.00. Plaintiff alleges that Defendants failed to make payments from November 24, 2021, to June 2, 2022. Plaintiff attached the invoices to its Complaint. Defendants move to strike Plaintiff's complaint and for monetary sanctions of $2,668.91 under Code of Civil Procedure sections 128.5 and 128.7. Legal Standards Sanctions under Code of Civil Procedure section 128.5 A court may order a party to pay the reasonable expenses, includi...
2024.04.23 Motion to Compel IME 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ...ase arises out of alleged acts of sexual assault that Plaintiff suffered as a child while participating in Explorer Post of the Whittier Police Department. Defendants The City of Whitter and Charles “Chuck” Drylie move for an order Compelling Plaintiff's Independent Mental Examination. Objections Defendant's Objections Nos. 1- 9 to Plaintiff's opposition are OVERRULED. Legal Standards “Any party may obtain discovery … by means of a physic...
2024.04.23 Motion to Compel Further Responses 320
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ... Plaintiff to give notice. Background This is a quiet title action filed by Plaintiff/Cross -Defendant The Pacific Southwest District of the Lutheran Church - Missouri Synod ("Plaintiff") seeking to determine the ownership of church property used by Defendant/Cross- Complainant Peace Lutheran Church, Inc., of South Gate, California ("Defendant"). Plaintiff contends that it now owns the property pursuant to Defendant's constitution...
2024.04.23 Motion for Preliminary Injunction 819
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ...t, Ronald M. Beilke. On March 19, 2024, Mr. Beilke (“Plaintiff”) filed suit against Defendants The Villages at Heritage Springs Homeowners Association, John Park, Maribel Diaz, Wil Sung, Desmond Blackburn, and Son Nguyen (collectively “Defendants”) for Breach of Fiduciary Duty, Declaratory Relief, Preliminary and Permanent Injunction, and Temporary Restraining Order. Defendants have levied an assessment totaling $195,351.34 ($192,201.34 i...
2024.04.23 Motion for Leave to File FACC 260
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.23
Excerpt: ...d Complaint (“FAC”) filed on July 12, 2022, Plaintiff Lisa Avila ("Plaintiff”) alleges that Defendant Lourdes Campell (“Defendant”) breached her written agreement to sell her condominium to Plaintiff by failing to timely close escrow. On August 10, 2022, Defendant answered the FAC and concurrently filed a Cross -Complaint. On December 22, 2022, this Court issued an order requiring Plaintiff and Defendant to mediate their dispute. On...
2024.04.19 Motions to Compel Neurological Exams, for Sanctions 276
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.19
Excerpt: ...or by and through her guardian ad litem, Ani Khachikyan; and Leah Kesablyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, Plaintiffs), filed this action against defendants Plat inum Transportation Group, Inc. (Defendant) and Miguel Angel Pacheco (Pacheco) for damages arising from a motor vehicle accident. Plaintiffs allege that defendants were hired to transport Plaintiffs, and that defendants negligently caused an...
2024.04.18 Demurrer to FAC 753
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ...2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that “[o]n December 11, 2017, plaintiff quitclaimed the property to one Angela Michelle Carrasca. On March 8, 2019, Angele Michelle Carrasco transferred said property to Daniel Carrasco and Angela Carrasco, husband and wife as joint tenan ts.” (FAC ¶6.) “Plaintiff did not on December 11, 2017, or at any time, intend to transfer his property to Angele Miche...
2024.04.18 Application for Writ of Possession 738
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...
2024.04.18 Demurrer, Motion to Strike 359
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ... causes of action for (1) Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful eviction could have/should have been raised in an earlier filed and litigated unlawful detainer action. The Court has reviewed the judicia...
2024.04.18 Motion to Seek Discovery Concerning Sexual Conduct with Others, to Seal Docs 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.18
Excerpt: ... First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual ...
2024.04.17 Motion to Quash Service of Summons 704
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.17
Excerpt: ...nopposed as of April 15, 2024. This is an employment law action. Specially Appearing Defendants Base Hills, Inc. dba Jan Point; Nellis Building Service, Inc.; and Sunny Kim move to quash service of summons served on them. Request for Judicial Notice Specially Appearing Defendants request the court to take judicial notice of the “right to sue notice” issued by Nevada Equal Rights Commission on January 25, 2023 under California Evidence Code se...
2024.04.17 Demurrer, Motion to Strike 896
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.17
Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...
2024.04.16 Motions to Compel Discovery, for Sanctions 901
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.16
Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...
2024.04.16 Motion to Compel Further Responses, for Sanctions 254
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.16
Excerpt: ...oCal, Inc. (“Plaintiff”) entered into an assignment agreement with Behavior Resources, Inc. (“BRI”) whereby Plaintiff acquired all of BRI's rights relating to the wrongful conduct of Defendant Stephanie Alvarez (“Defendant”). Plaintiff alleges that Defendant, during her employment with BRI, from approximately 2016 through her termination in January 2023, stole and/or embezzled approximately $228,000.00 from BRI. Among other things, Pl...
2024.04.11 Special Motion to Strike Complaint, Demurrer 084
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.11
Excerpt: ...o contendere and was convicted, April 8, 2021… of Penal Code section 647.6(A)(1) (annoying or molesting a chil d under 18 years of age) and section 25850(A) (carrying a loaded firearm on the person or in a vehicle). (Complaint ¶1.) He used the firearm to intimidate and threaten the victim. (Complaint ¶ 8.) “The crimes occurred in connection with the commercial space that was turned into a political campaign office during late 2020 and early...
2024.04.11 Motion to Compel Arbitration 286
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.11
Excerpt: ... and 21.) On July 25, 2023, Plaintiffs filed a Complaint against Defendant alleging a violation of the Song- Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid ...
2024.04.10 Motion to Quash Deposition Subpoena 071
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.10
Excerpt: ...denied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see bel...
2024.04.09 Motion to Strike 798
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ...y. Background This personal injury lawsuit arises out of a motor vehicle accident which occurred on June 1, 2022. The Complaint alleges that Plaintiff Fernando Ortiz Baeza (Plaintiff Baeza”) was injured by Defendant Ricardo Padilla Zamora who was operating a commercial vehicle without a Class A license. The Complaint alleges that Defendant West Wind Logistics, Inc. (“Defendant West Wind Logistics”) owned the vehicle driven by Zamora and kne...
2024.04.09 Motion to Consolidate 388
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ..., California 90706 and 11829 Arkansas Street (collectively “the Properties”). Plaintiff dismissed his complaint against Defendant on August 11, 2021. On January 29, 2019, Defendant filed a cross- complaint against Plaintiff for: 1. Breach of Fiduciary Duty 2. Conversion 3. Waste 4. Unj ust Enrichment 5. Constructive Trust 6. Intentional Misrepresentation 7. Intentional Infliction of Emotional Distress and 8. Declaratory Relief. Default was en...
2024.04.09 Motion to Compel Responses, for Sanctions 923
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ... her job as a part -time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On October 5, 2023, Plaintiff served her Request for Production of Documents (Set Two). Defendant OPI served responses on November 6, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Cooper Decl., ¶ 8.) Legal Stand...
2024.04.09 Motion for Summary Judgment 757
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ...AC alleges that “[o]n or about April 24, 2020, plaintiff Rosa M. Kingsbury was on the premises of defendants' grocery store for the purpose of purchasing groceries. Defendants maintained the premises in an unsafe condition as pallets were present whic h were unstable and maintained in a manner where customers could and were harmed. Plaintiff Rosa M. Kingsbury attempted to obtain products and the pallet gave way causing serious physical injuries...
2024.04.04 Motion to Strike 208
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...bruary 16, 2024, the operative First Amended Complaint (“FAC”) was filed. Defendant UNIVERSAL FITNESS CLUB NORWALK, LLC (“Defendant”) moves to strike the following allegation from the FAC: “On or about 05/16/2016, the parties extended the original lease term from 10 years to 15 years” from Plaintiff's Complaint. Defendant argues that this sentence should be stricken on the basis that the “written lease attached to Exhibit 1 to the F...

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