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2023.12.14 Motion to Compel IME 325
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...Huijara Espino (“Plaintiff ”). Defendants' motion is DENIED. Background This case arises from Plaintiff 's employment with SP. Plaintiff alleges that she was a victim of workplace harassment and discrimination based upon her medical disabilities, sex/gender and religion. Plaintiff also claims that was wrongfully terminated and that she suffered embarrassment, humiliation, and emotional distress. On November 16, 2021, Plaintiff Ðiled this ac...
2023.12.14 Motion to Compel Further Responses 879
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...Form Interrogatories – Employment, Form Interrogatories – General, and Special Interrogatories. Plaintiff also requests monetary sanctions in the amount of $5,766.00. The Court GRANTS Plaintiff 's motion in full. Defendant is ORDERED to provide complete further responses to Plaintiff 's Requests for Admissions (Set One), Form Interrogatories – Employment, Form Interrogatories – General, and Special Interrogatories, within 30 days from thi...
2023.12.14 Motion to Authorize Delivery of Summons and FAC to Secretary of State of California 213
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ... the State of California. The Court GRANTS Plaintiff's motion and GRANTS LEAVE for Plaintiff to serve Defendant Aetna with the Summons and FAC by the method set forth in California Corporations Code, section 2114, subd. (b). Background This is an action for cancellation of two older deeds of trust which encumber title to residential real property located at 1912 Las Flores Dr., Los Angeles, CA 90041 (the “Property”). Plaintiff contends that t...
2023.12.14 Motion for Judgment on the Pleadings to SAC 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.14
Excerpt: ...ng facts are taken from the allegations in the SAC. This case arises out of the viewing and dissemination of sexually explicit photos of Plaintiff from Plaintiffs phone by Melissa Hammond, Robert Ruiz, Matt Lents, (collectively, the "Individual Defendants"). During an investigation into overtime compensation, CHP obtamed Plaintiff's mobile phone. VVhile searching Plaintiff's phone, Ruiz and Lentz discovered sexually explicit photos of Plaintiff. ...
2023.12.11 Application for Default Judgment 209
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.11
Excerpt: ...a) damages in the amount of $57,574.84; (b) interest in the amount of $6,293.80; (c) costs in the amount of $507.79; (d) attorney's fees in the amount of $3,572.99; The Court cannot sign the form of proposed judgment that Plaintiff Ðiled as the attorney's fees must be reduced to $2,647.48 for the reasons explained below. Plaintiff may submit by the next hearing a proposed judgment changing the attorney's fees to $2,647.48 and recalculating the ...
2023.12.07 Motion for Summary Judgment, Adjudication 568
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.07
Excerpt: ...d Amended Complaint. The Court GRANTS Defendants' request for summary adjudication on the twelfth cause of action. Except as so ordered, the Court DENIES the motion. Background This action arises out of Plaintiff 's employment at DXC. Plaintiff alleges, inter alia, that during her employment, DXC discriminated against her on the basis of gender by moving her to an unfavorable position, giving unwarranted negative performance reviews, and withhold...
2023.12.07 Motion for Sanctions 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.07
Excerpt: ...quests $1,915.00 in deposition costs and $4975.50 in attorney's fees. The Court DENIES Select StafÐing's motion. Background Plaintiff Ðiled this action on April 20, 2022 against Select StafÐing, St. Clair Plastics, Inc. (“St. Clair”), and Novel Alamilla. Plaintiff seeks relief against Select StafÐing for (1) gender based harassment; (2) sexual harassment; (3) failure to prevent discrimination and harassment; (4) failure to correct and...
2023.12.07 Demurrer 274
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.07
Excerpt: ...). The Court OVERRULES Plaintiff's demurrer to the first, second, third, fourth, sixth and seventh causes of action in the cross-complaint. The Court SUSTAINS WITH LEAVE TO AMEND Plaintiffs demurrer to the fifth cause of action for breach of express warranty. Defendants may amend the fifth cause of action within 20 days. Background This case arises out of work that Plaintiff was hired to do for Defendants as a building contractor. The building pr...
2023.12.06 Motions in Limine 838
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.06
Excerpt: ...efer to dismissed claims and parties, specifically: that Dr. Sven De Vos was a defendant dismissed from this case; that the following claims were dismissed or adjudicated: (1) harassment based on gender; (2) retaliation for complaints of discrimination and/or harassment based on gender; (3) violation of Labor Code section 1102.5; (4) defamation; (5) intentional infliction of emotional distress; and (6) Violations of the Equal Pay Act. 3. Plaintif...
2023.12.06 Application for Entry of Default Judgment 899
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.06
Excerpt: ...,141.98; (2) pre-judgment interest in the amount of $51,841.92; (3) attorney's fees in the amount of $6,945.00; and (4) costs of litigation in the amount of 676.24. Plaintiff 's request for default judgment is GRANTED. The Court ORDERS Plaintiff 's counsel to return the Confession of Judgment to counsel for Defendant upon satisfaction of this judgment and Ðile a proof of service with the Court. Background This dispute arises out of a written Wh...
2023.12.05 Motion for Sanctions 425
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...ction Paper, Inc. ("Construction Papen (collectively, "Cross-Defenda ts"). Defendant seeks issue sanctions, evidentiaty sanctions, and monetary sanctions consisting of S8,910.00 in attorneys fees. The Court DENIES CJ's request for terminating sanctions. The Court GRANTS CJ's request for issue sanctions as follows. The following facts will be established for all purposes in this lawsuit. (a) Plamtiff operated Construction Paper as her alter ego; a...
2023.12.05 Motion for Summary Judgment, Adjudication 974
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...ts affirmative defenses. Plamtiffs motion is for summary judgment is GRANTED. Plamtiff's motion for summary adjudication is DENIED AS MOOT. Background Plamtiffis the owner of the property located at 3229 Casitas Avenue, Los Angeles, California 90039 (the "Property"). (Stauffer Decl. 2.) Elite Property Management, LLC ("Elite") has managed the property on Plamtiff's behalf since September 2019. (Stauffer Decl. 1.) On February 18, 2014, Plaintiff a...
2023.12.05 Motion for Terminating Sanctions 400
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...iff additionally requests attorney's fees in the amount of $4,522.50 and the re-imposition of monetary sanctions previously imposed by the Court. Plaintiff's motion is GRANTED IN PART as follows: The Court ORDERS Brent Paysinger to pay previously imposed sanctions in the amount of $1,391.25 no later than December 15, 2023. The Court ORDERS Craig Chisvin to pay previously imposed sanctions in the amount of $1,496.25 no later than December 15, 2023...
2023.12.05 Motion for Terminating Sanctions 493
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...endants' motion at the present time. However, the Court continues this hearing to February 15, 2024 at 8:30 a.m. The Court orders Plaintiffs to appear at the hearing either personally or through LA CourtConnect. The Court admonishes Plaintiffs to comply with all outstandmg Court orders, including the orders to appearfordeposition. DefendantcannotpreparefortrialifPlaintiffsdonotsitfor deposition. IfPlaintiffs fail to appear for deposition and comp...
2023.12.05 Motion to Compel Responses 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.12.05
Excerpt: ...rm Interrogatories”) and to compel Defendant to identify and produce documents responsive to Plaintiff 's Form Interrogatories which have not yet been produced. The Court GRANTS Plaintiff 's motion as follows. Within 30 days, Defendant shall provide complete responses to Form Interrogatory 17.1, including (i) responses for each RFA providing the information requested in subdivisions (c) and (d) of the Form Interrogatory; and (ii) a proper respo...
2023.11.30 Motion to Set Aside Nunc Pro Tunc Order 300
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.30
Excerpt: ...of the The Court DENIES Plaintiffs motion. Background This case has an unusually complex procedural history which the Court summarizes as follows. On August 10, 2022, Plaintiff filed this action against Defendant Cresfivood Hills Association ("Defendant") in civil limited jurisdiction ("Limited Civil"). Plaintiff alleged causes of action for (1) defamation; (2) negligence; (3) violation of Business & Professions Code section 17200; (4) violation ...
2023.11.30 Motion to Compel Arbitration of Individual PAGA Claims, to Dismiss Non-Individual PAGA Claims 951
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.30
Excerpt: ...idual Private Attorney General Act (“PAGA”) claims to binding arbitration and dismissing her non- individual PAGA claims. Defendants' motion to compel arbitration of Plaintiff 's individual PAGA claims is GRANTED. Defendants' motion to dismiss the non-individual PAGA claims is DENIED. Defendants' request for a stay on the non-individual PAGA claims is DENIED. Plaintiff 's request to compel arbitration of the non-individual PAGA claims is DENI...
2023.11.28 Motion to Amend Judgment 921
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.28
Excerpt: ... LLC (“TCD”). The Court GRANTS Downs's motion to amend the judgment. Background Rice Ðiled this action on April 25, 2013. This action eventually proceeded to a bench trial from August 30, 2021 to September 13, 2021. The operative complaint at the time was the First Amended Complaint (“FAC”), Ðiled by Rice and two of Rice's business entities on June 12, 2017 against Downs, Kristoffer J. Kaufmann, and Nixon Peabody LLP (“Nixon”). Ju...
2023.11.28 Motion for Summary Adjudication 392
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.28
Excerpt: ...against Plaintiffs Cheyenne Robinson and Stormy Jane Eny-Edy (collectively, "Plaintiffs"). In the alternative, Defendants move for summary adjudication of each cause of action. Defendants' motion to for summary judgmentis DENIED. However, the Courtsolicits argumentasto what facts support the claims against the following individual defendants: Former Chief Cynthia Renaud, Officer Jacob Emanuel, Jennifer Estrada, Officer Evan Raleigh, and Sergeant ...
2023.11.22 Request for Default Judgment 805
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.22
Excerpt: ...Defendants”). Plaintiff requests: (1) money judgment in the amount of $422,965.90, consisting of (A) $340,000 in damages; (B) $82,530.90 in interest; and (C) $435.00 in costs; and (2) foreclosure of collateral held by Defendants. Plaintiff 's request for default judgment is GRANTED. Background This case arises out of a failure by Defendants to pay a loan based on multiple loan agreements. Plaintiff alleges that it lent a total of $400,000 to De...
2023.11.16 Motion to Compel Deposition, for Sanctions 577
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...”) (collectively, “Plaintiffs”) move to compel the deposition of non-party witness Appo Jabarian (“Jabarian”) and request sanctions against Jabarian in the amount of $1,840. Plaintiffs' motion is CONTINUED to January 30, 2024 at 8:30 a.m. for a further hearing. The Court believes that, to the extent possible, the deposition of Jabarian ought to be delayed until after a decision on any timely Ðiled anti-SLAPP motions in Case Nos. 23STC...
2023.11.16 Motion for Judgment of Possession to Enforce Settlement Agreement, for Attorney Fees 247
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...es. Defendants' motion is DENIED. Background Plaintiff Edmond Durham (“Durham”) Ðiled this action on May 16, 2022 against Defendants, alleging breach of contract related to a property that Plaintiff rented from Defendants. The parties entered a settlement of the matter outside of the presence of the court. (Swartz Decl. ¶¶ 3-6; Exh. A.) The settlement agreement provides that Plaintiff would vacate the property by June 30, 2023 and would n...
2023.11.16 Motion for Dismissal of Action, Expungement of Attorney Liens, and Terminating Sanctions 774
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...l Nishiyama ("Plaintiff"). Defendant's motion to dismiss is DENIED. The denial is without prejudice to Defendant's ability to file a motion for summary judgment or summary adjudication Defendants motion for terminating sanctions is DENIED. Background Plamtiff is an attorney who represented Defendant's former spouse (the "Decedent") in a divorce proceeding. In order to pay his legal fees the Decedentpermitted Plaintiff to attach liens to his commu...
2023.11.16 Demurrers to FAC, Motion to Strike 431
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...(“Plaintiff ”). Edwards additionally moves to strike the complaint. Edwards' demurrer is SUSTAINED WITHOUT LEAVE TO AMEND and this action is STAYED pending the outcome of Los Angeles Superior Probate Court Case No. B296924. Edwards' motion to strike is DENIED AS MOOT. Background This is a quiet title action. The property at issue is real property located at 1032 West 136th Street in Compton, California (the “Property”). The Property was h...
2023.11.16 Demurrer, Motion to Strike FAC 836
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.11.16
Excerpt: ...�) demur to the First Amended Complaint (“FAC”) Ðiled by Plaintiff Rosendin Electric, Inc. (“Plaintiff ”). Defendants also move to strike portions of the FAC. Defendants' demurrer is SUSTAINED WITH LEAVE TO AMEND as to the First Cause of Action (Breach of Contract) as asserted against Related; the Third Cause of Action (Violation of Prompt Payment Act); and the Fourth Cause of Action as asserted against Related (Quantum Meruit). Defenda...

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