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Judge: Lipner, Joseph x
2023.09.26 Motion to Compel IME 325
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ...ychiatric examination. Defendants' motion is DENIED without prejudice. Background On November 16, 2021, plaintiff Espino sued defendant SP Plus Corporation, her employer, and affiliated individuals Ernesto Cerna and Roberto Pacheco, alleging twelve causes of action: (1) disability discrimination, (2) religious discrimination, (3) failure to reasonably accommodate a disability, (4) failure to engage in an interactive accommodation process, (5) vio...
2023.09.26 Motion for Final Approval of Class Action Settlement 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.26
Excerpt: ... On September 1, 2020, Plaintiff Alison Andrade (“Class Representative” or “Plaintiff”) filed a complaint against Defendant Urban Outfitters for wage and hour action allegations in violation of California State Law. The Complaint alleged (a) failure to accurately pay overtime wages, (b) failure to pay minimum wages, (c) failure to provide meal periods and failure to pay an additional hour's pay in lieu of providing a meal period, (d) fail...
2023.09.21 Motion to Compel Production of Docs 610
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ...dant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant”) to produce documents in accordance with its prior statement of compliance in response to Plaintiff's Request for Production, Set One; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Defendant to provide further complete, veri...
2023.09.21 Motion for Leave to File SAC 925
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ...ions for the reasons explained below. Background On July 7, 2021, Plaintiffs Kevin Korosh Shahin (“Shahin”) and Azadeh Tadayon (“Tadayon”) (collectively, “Plaintiffs”), initiated this legal malpractice action against Defendants Fischbach & Fischbach and Joseph S. Fischbach (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on December 3, 2021, and it alleges the following causes of action: (1...
2023.09.21 Demurrers, Motion to Expunge Lis Pendens 869
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.21
Excerpt: ... Cross-Complainant, v. SONNY ASTANI, an individual; BONSALL PROPERTIES LLC, a California Limited Liability Company, and ROES 1 through 10, Cross-Defendants. Defendant Robert Seng demurs to Plaintiff Bonsall Properties LLC's complaint on the grounds that each cause of action fails to state a claim and is uncertain. The court sustains Defendant's demurrer with leave to amend. Plaintiff shall amend the complaint within 20 days. Background This actio...
2023.09.20 Pitchess Motion 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.20
Excerpt: ...045, the custodian of records must bring Connie Guzman's personnel records to this Court on September 26, 2023 at 10:00 a.m. for an in camera review. (People v. White (2011) 191 Cal.App.4th 1333, 1335.) The custodian of records must be prepared to give sworn testimony regarding the documents so produced, as well as testimony regarding any documents that are part of the personnel record that were not produced and the reasons they were not produced...
2023.09.19 Motion to Compel Arbitration, to Stay Action 079
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...ainst it. Thorson also asks that the action be stayed pending arbitration. Defendants Angel Salcido, Karina Patlan, Allynn Magnolia, Hector Melendes and Jose Alberto Loreto (“Individual Defendants”) filed a Joinder to Thorson's Motion to Compel Arbitration. Defendant Thorson's Motion to Compel Arbitration is granted. Defendant Thorson's request to stay this action pending completion of arbitration is granted. The action is stayed pending comp...
2023.09.19 Motion for Leave to File FAC 243
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...irst Amended Complaint within five (5) business days. Background Plaintiff Michael Bragar (Bragar) filed a Complaint against Defendants Christopher D. Mitchell, Westlake Capital Partners, Inc. dba Lexi Capital, Bitcoin Advizers LLC, and DOES 1 through 25, inclusive, alleging causes of action for (1) fraud; (2) fraudulent concealment; (3) negligent misrepresentation; (4) breach of contract and implied covenant of good faith and fair dealing; (5) c...
2023.09.19 Demurrer to FAC 377
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...intiff shall file a Second Amended Complaint within 20 days. SUMMARY OF ALLEGATIONS: This action arises out of the dispute of a lease agreement (the “Lease”). Kylale, LLC (“Plaintiff”) is the owner of real property located at 3138 W. Pico Blvd., Los Angeles, CA 90019 (the “Subject Property”). (First Amended Complaint, hereinafter, “FAC”, ¶ 2.) Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader...
2023.09.19 Demurrer 977
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.19
Excerpt: ...endants need not answer the First Amended Complaint until the stay is lifted. The Court sets a hearing regarding the status of Appeal No. B325296 for May 8, 2024 at 8:30 a.m. RELEVANT ALLEGATIONS: This action arises from a multi-vehicle collision on March 13, 2019 at or near the intersection of 7th Street and Wilson Street in Los Angeles. Plaintiff Marlon Mora was travelling eastbound on 7 th Street. While travelling westbound on 7 th Street, def...
2023.09.18 Motion to Challenge Clawback, to Compel Production of Appraisal, to Disqualify, to Seal 671
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.18
Excerpt: ...(“Plaintiff”) maintains are covered by the attorney work product doctrine. Defendant 7080 Hollywood (“Defendant”) maintains, by contrast, that the appraisals and related documents are not covered by this doctrine. 1. Defendant challenges Plaintiff's “clawback” and seeks an order that the documents with Bates numbers LW00002501 and LW00001114-1115 are not subject to the attorney-client privilege or the attorney work product doctrine. T...
2023.09.14 Motion to Compel Arbitration and Stay Proceedings 744
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...ompel arbitration and stay proceedings is GRANTED. The Court sets a status conference to review the status of arbitration for April 3, 2024 at 8:30 a.m. Defendants give notice. Background Plaintiff Leeor 26 LLC (Plaintiff) filed a complaint against Defendants Nourafshan LLC, RIF Investments-2 LLC, David Nourafshan, Joshua Nourafshan, Jonathan Nourafshan, and Sophia Nourafshan, and DOES 1 through 25, inclusive alleging causes of action for (1) rec...
2023.09.14 Motion to Strike 048
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...he Amended Cross-Complaint she inadvertently filed on July 18, 2023. Cross-Complainant Lang-Tananka's Motion to Strike her Amended Cross- Complaint filed on July 18, 2023 is granted. Background On January 24, 2020, Plaintiff Susie Seniura filed this complaint as Trustee of the Ngook Quen Lang Trust of 2015 dated June 16, 2015 and as personal representative of the Estate of Ngook Quen Lang against Defendant Benjamin Lang alleging: (1) partition of...
2023.09.14 Motion to Stay Action Pending Completion of Arbitration Proceedings 769
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...April 13, 2023. That motion is now before the court. Plaintiff has filed no opposition, and defendant no reply. The court GRANTS defendant's motion and STAYS this action pending completion of arbitration proceedings or until further order of this court. A Status Conference Re: Arbitration is set for March 6, 2024 at 8:30 a.m. in Department 72 of the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles CA 90012. Legal Standard Under California an...
2023.09.14 Special Motion to Strike 274
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.14
Excerpt: ...uant to Code of Civil Procedure section 425.16. Defendant's special motion to strike is GRANTED in its entirety. Defendant to give notice. Background Plaintiff Brachman sued defendants Sean Benaroya, Universal Construction & Remodeling, Inc., BV Industries, LC, and Jeffrey Aaron Cohen on June 8, 2023. He filed his operative first amended complaint (FAC) on July 18, 2023. Brachman alleges eight causes of action for (1) breach of written contract, ...
2023.09.13 Request for Entry of Default 391
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.13
Excerpt: ...oration. Plaintiff Glasswerks LA, Inc.'s request for entry of default judgment against Defendant Century Shower Door Co, Inc. dba Century Shower Door, a corporation is GRANTED. Background On February 15, 2023, Plaintiff Glasswerks LA, Inc. (Plaintiff) filed a complaint against Defendant Century Shower Door, Co, Inc. dba Century Shower Door, a corporation (Defendant), and DOES I through XX, inclusive, alleging causes of action for (1) breach of wr...
2023.09.12 Pitchess Motion 935
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ...ttorney served with this motion represents Connie Guzman, and how CHP knows that. Background of the Case This action arises out of a dispute involving the alleged improper dissemination of private videos belonging to Plaintiff, a former law enforcement officer previously employed with Defendant CHP. Defendants Melissa Hammond, Robert Ruiz, and Matt Lentz were purportedly involved in the alleged improper dissemination of Plaintiff's private videos...
2023.09.12 Motion for Determination of Good Faith Settlement 404
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ... Walla (collectively “Plaintiffs”). Defendant Carmela Martinez's motion for good faith settlement is GRANTED. Background Plaintiffs bring this action against Defendants Amguard Insurance Company and Carmen Martinez, alleging causes of action for breaches of contract, breach of the implied covenant of good faith and fair dealing, and negligence. Legal Standard In any action in which two or more defendants are joint tortfeasors, a “good faith...
2023.09.12 Motion for Approval of PAGA Settlement 245
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ...t between Plaintiff and Defendants Praesidium Diagnostics LLC, Sameday Health Inc., Sameday Technologies Inc., Felix Huettenbach (collectively, “Defendants”) for all claims Plaintiff brought in this action against the Defendants under the California Private Attorneys General Act (“PAGA”). The motion for approval of the PAGA settlement is GRANTED. Background Plaintiff, individually and on behalf of other aggrieved employees pursuant to the...
2023.09.12 Demurrers, Motion to Strike 342
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.12
Excerpt: ... Negligence is overruled. Defendant Granite to answer in 20 days. The Court notes no opposition was filed. (2) Defendant Lifetime Home Builders, Inc. (“Lifetime”) demurs to the Second Cause of Action for Intentional Misrepresentation and the Third Cause of Action for Negligence. Defendant Lifetime Home Builders, Inc.'s Demurrer to the Second Cause of Action for Intentional Misrepresentation is SUSTAINED WITH 10 DAYS LEAVE TO AMEND and to the ...
2023.09.07 Motion to Stay Present Action 480
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...s GRANTED. Background Plaintiff Raymond LaPierre (“Plaintiff”) initiated this action on February 6, 2023 against Defendant Cacique Foods, LLC (“Defendant”) alleging 16 causes of action for individual wage and hour violations, a claim under the Private Attorneys General Act (“PAGA”), retaliation and wrongful termination. On April 21, 2023, Defendant filed its answer. Thereafter, on April 24, 2023, Plaintiff filed a First Amended Compla...
2023.09.07 Motion to Compel Responses 649
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...nts. Based on Defendant Washington Square Management, LLC's failure to provide code compliant responses, Plaintiff Fidelity National Title Insurance Company requests an order pursuant to Code of Civil Procedure section 2031.310 compelling Defendant Washington Square Management, LLC to provide further responses to Plaintiff Fidelity National Title Insurance Company's Requests for Production of Documents, Set Five, Request Nos. 126, 131, and 132. P...
2023.09.07 Motion to Compel Depositions, for Sanctions 493
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...within 20 days of the hearing of this motion. Coast National's Request for Sanctions is GRANTED in the amount of $1,080. Plaintiffs shall pay this amount to Coast National's counsel within 20 days of the hearing on this motion. Background On April 1, 2021, Plaintiffs Melita Suazo (“Suazo”) and Pearl Campos (“Campos”) (collectively, “Plaintiffs”) filed a Complaint against Defendants Hollywood's Auto Insurance Services, Inc. (“Hollywo...
2023.09.07 Motion for Relief from Default Judgment and to Quash Service of Summons 349
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ...ton for relief from default judgment and to quash service of summons is granted. Background On July 19, 2021, Plaintiff Fallon Seaborn ("Plaintiff") sued Defendant Wilshire Consumer Credit of Los Angeles ("Defendant") for actions that arose out of a purported agreement. Defendant did not answer or otherwise appear in the action. On June 3, 2022, the Court entered default judgment against Defendant. On March 3, 2023, Defendant moved for relief fro...
2023.09.07 Motion for Leave to File SACC 829
Location: Los Angeles
Judge: Lipner, Joseph
Hearing Date: 2023.09.07
Excerpt: ... replied. The Court GRANTS the motion. Cross-Complainants must file and serve the proposed SACC within five days of the date of this order. To the extent that Plaintiff wishes the Court to extend the trial date, the Court will do so. Background of the Case This action arises out of a boundary dispute. Plaintiff filed this action on July 7, 2022, alleging causes of action for quiet title, trespass, private nuisance, negligence/negligence per se, a...

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