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2023.12.20 OSC Re Why Pre-Judgment Interest Should be Awarded in Judgment 375
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.20
Excerpt: ...inal judgment, Respondent is directed to serve the final judgment upon Petitioners and file proof of service of same. Respondent is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract action. On August 17, 2023, Petitioners Alaa Latif, M.D., F.A.C.P. (Dr. Latif) and Alaa Latif, M.D., Inc. (Latif Inc.) (collectively, Petitioners), filed a petition to correct/vacate arbitrati...
2023.12.20 Motion to Quash Subpoena 054
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.20
Excerpt: ...ES the request for terminating/issue sanctions. The Court also DENIES the request for monetary sanctions. Defendant Kennedy Capital Partners International Inc. is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This action revolves around an investment dispute. On December 16, 2021, plaintiff Claire He Yi (Plaintiff) filed this action against defendants Daniel W. Kennedy, IV, Juliet Ru-Yi Chung, Di...
2023.12.20 Motion to Compel Responses, to Deem RFAs Admitted 036
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.20
Excerpt: ...ntiff McKesson Medical Surgical, Inc.'s motions to compel responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One. The Court ORDERS Defendant ‘Matias' Clinical Laboratory, Inc., a California Corporation dba Health Care Providers Laboratory to provide verified, code-compliant responses, without objections, to Form Interrogatories, Set One, Special Interrogatories, Set One, a...
2023.12.19 OSC Re Answer Stricken Because of Suspended Status 519
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.19
Excerpt: ...r. BACKGROUND This is a breach of contract case. On June 23, 2021, plaintiff Daniel Caldera Salcido (Plaintiff) filed this action against defendants CG Integrity Investments, Inc. (CG), Claudio Vernail Gonzalez, and Cynthia Ruth Gonzalez (collectively, Defendants). On June 30, 2023, Plaintiff filed the operative First Amended Complaint against the same Defendants, alleging causes of action for breach of contract, intentional misrepresentation, ne...
2023.12.19 Motion for Leave to File Complaint 369
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.19
Excerpt: ...ntract action. On April 13, 2022, plaintiff Ralf Weigel (Plaintiff) filed this action against defendant Terrence Sperry (Defendant) and Does 1 to 10, alleging causes of action for breach of contract, conversion, replevin, and declaratory relief. Defendant filed an answer on September 26, 2022. On November 22, 2023, Defendant filed a motion for leave to file cross-complaint. The motion is unopposed. On December 12, 2023, Defendant filed a reply re...
2023.12.18 Motion to Compel Deposition 781
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.18
Excerpt: ...ntiff) filed this action against defendants Starbucks Corporation, The Vons Companies, Inc. (Vons), Albertsons Companies, Inc., Cerberus Capital Mangement [sic] LP, La Verne Commons LLC (collectively, Defendants) and Does 1 to 50, alleging causes of action for premises liability and general negligence. On November 20, 2023, Vons filed a motion to compel the deposition of Plaintiff. On December 5, 2023, Plaintiff opposed the motion. On December 11...
2023.12.18 Motion to Compel Deposition 096
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.18
Excerpt: ...e of Deposition served on October 13, 2023. The Court GRANTS Plaintiff's request for monetary sanctions only as to Defendant Sumbale Trucks LLC in the reduced amount of $2,386.05, comprised of 3.0 hours preparing the motion, 1.5 hours for reviewing the opposition and preparing the reply, and 1.0 hour for appearing at the hearing on the motion, for a total of 5.5 hours, multiplied by the hourly rate of $250.00 for a total of $1,375.00, plus $1,011...
2023.12.18 Motion for Summary Judgment, Adjudication 019
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.18
Excerpt: ... this order. BACKGROUND This is a breach of contract case. On December 6, 2021, plaintiff Archtic, LLC (Plaintiff) filed this action against defendants Fervino, Inc. dba Slater's 50-50 (Fervino), Raul Trevino, and Does 1 through 50, alleging causes of action for breach of contract, open book account, account stated, reasonable value of labor and materials furnished, violations of prompt payment statutes, and foreclosure of mechanic's lien. On Apr...
2023.12.14 Motion for Summary Judgment 964
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.14
Excerpt: ...s Center, L.P. (Plaintiff) filed this action against Defendants A211 Incorporation (A211), Jung Il Jang (Jang) (collectively, Defendants), and Does 1 to 10, alleging causes of action for breach of written lease agreement (as against A211), breach of written guaranty (as against Jang), and for common counts as to all Defendants. On September 27, 2023, Plaintiff filed the instant motion for summary judgment, which also included a request for dismis...
2023.12.14 Motion for Judgment on the Pleadings 257
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.14
Excerpt: ... to whether the defects in the Fourth Cause of Action can be cured through amendment. Plaintiff shall file and serve an Amended Complaint within 20 days of the Court's order. Defendant Tucker Lincoln is ordered to give notice of the Court's ruling and file proof of service of same within five days of the Court's order. BACKGROUND This is a nuisance action relating to the illegal sales of cannabis. On March 16, 2022, plaintiff City of El Monte (Pl...
2023.12.13 Request for Entry of Default Judgment 493
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.13
Excerpt: ...auses of action for breach of written agreement, open book account, and account stated. Default was entered against Defendant on September 5, 2023. Plaintiff previously submitted a default judgment package on September 8, 2023, which was denied without prejudice on October 16, 2023. Plaintiff submitted a default judgment package again on October 20, 2023. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after...
2023.12.11 Demurrer, Motion to Strike 568
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.11
Excerpt: ...g and provide proof of service of same within twenty calendar days of the Court's order. BACKGROUND On August 24, 2023, plaintiff Veda Scott (Plaintiff) filed this action against defendant John Stewart Company (Defendant), alleging causes of action for “elderly abuse fraudulent charges,” “dirty conditions in senior living that they manage,” and “stress and duress, retaliation three day notice.” On November 9, 2023, Defendant filed a d...
2023.12.08 Request for Entry of Default Judgment 016
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.08
Excerpt: ...o, Joanna Aranda (collectively, Defendants), and Does 1 through 50, alleging causes of action for breach of contract and common counts. Default was entered against the Defendants on May 2, 2023. Plaintiffs filed the instant request for entry of default judgment on October 6, 2023. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) ...
2023.12.06 Motion for Reconsideration, to Compel Responses, for Monetary Sanctions 613
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.06
Excerpt: ...uest for Production of Documents, Set One. Plaintiff must provide verified, code-compliant responses without objections and responsive documents within 20 days of the Court's order. The Court further GRANTS Defendant's request for monetary sanctions in the reduced amount of $435.00. Plaintiff must pay said monetary sanctions to counsel for Defendant within 20 days of the Court's order. Defendant is ordered to give notice of the Court's ruling wit...
2023.12.06 Motion for Leave to File FAC 428
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.06
Excerpt: ...f this ruling and file proof of service of same within five calendar days. BACKGROUND This is an involuntary dissolution action. On May 21, 2021, Plaintiff Maria Angela Rodriguez (Plaintiff) filed this action against Defendants Mercado Latino, Inc. (Mercado Latino), Grosac, Inc. (Grosac), Richard Yarruths Rodriguez (Richard), Roberto Rodriguez (Roberto), Jorge Rodriguez (Jorge) (collectively, Defendants) and Does 1 through 50 for involuntary diss...
2023.12.05 Motion for Summary Judgment, Adjudication 879
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.05
Excerpt: ...on of the issues, to permit further discovery to be conducted. The new hearing date will be set pending the December 5, 2023 hearing on this matter. Plaintiff's supplemental opposition, if any, will be due 14 days before the new hearing date per Code of Civil Procedure section 437c, subdivision (b)(2). Defendant's supplemental reply, if any, will be due five days before the new hearing date per Code of Civil Procedure section 437c, subdivision (b...
2023.12.05 Motion for Summary Judgment, Adjudication 042
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.05
Excerpt: ...ry 14, 2018, Plaintiffs Bharat Patel (Bharat) and Dinesh Patel (Dinesh) filed this action (KC070042) against Dr. Prakash Patel and Does 1 through 10, alleging causes of action for breach of settlement agreement and fraud. On March 16, 2020, Prakash Patel (Prakash) and Hardika Patel (Hardika) filed a separate action (20STCV10801) against Bharat Patel, Dinesh Patel, and Does 1 through 100, alleging causes of action for voiding and rescission of fir...
2023.12.04 Motion for Attorney Fees 084
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.04
Excerpt: ...tiff) filed this action against defendants Ford Motor Company (FMC), Puente Hills Ford, and Does 1 through 10, alleging causes of action for violation of subdivision (d) of Civil Code section 1793.2, violation of subdivision (b) of Civil Code section 1793.2, violation of subdivision (a)(3) of Civil Code section 1793.2, breach of the implied warranty of merchantability, fraudulent inducement – concealment, negligent repair, violation of Consumer...
2023.12.04 Demurrer, Motion to Strike 064
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.12.04
Excerpt: ... and Bingwei Guan are ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract case. On October 6, 2023, plaintiff Yuzheng Chen (Plaintiff) filed this action against defendants Longji Guan, Xiuhua Liang, Bingwei Guan (Guan), Yudan Li (Li) (collectively, Defendants), and Does 1 through 4, alleging one cause of action for breach of contract. On November 6, 2023, Defendants Guan an...
2023.11.30 Request for Entry of Default Judgment 259
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.11.30
Excerpt: ... Inc. (Defendant), alleging causes of action for breach of contract and common counts. Default was entered against Defendant on July 18, 2023. On September 7, 2023, Plaintiff submitted a default judgment package. On November 16, 2023, at Plaintiff's request, the Court continued the hearing on Plaintiff's request for entry of default judgment for Plaintiff to either file a corrected judgment or a declaration in support of the request for attorney'...
2023.11.30 Demurrer 835
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.11.30
Excerpt: ...nlawful detainer action. On March 16, 2023, plaintiff Staccia Lee (Plaintiff) filed this action against defendants Thomas Harrison, Thomas William Harrison (collectively, Defendants), and Does 1 through 10 for unlawful detainer. On October 30, 2023, Defendants filed a demurrer to the Complaint. On November 17, 2023, Plaintiff filed an opposition. On November 27, 2023, Defendants filed their reply. LEGAL STANDARD A demurrer is a pleading used to t...
2023.11.29 Motion for Leave to Intervene 834
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.11.29
Excerpt: ...endar days of this order. BACKGROUND This is an action arising from a motor vehicle accident. On December 12, 2022, Plaintiffs Gumersindo Arroyo and Magdalena Arroyo (“Plaintiffs”) filed a complaint against Defendants Ramiro Aguilar (“Aguilar”), Elizabeth Edelman (“Edelman”) (collectively, “Defendants”), and Does 1 through 25, alleging a single cause of action for negligence. On February 17, 2023, Plaintiffs filed a proof of servi...
2023.11.28 Demurrer, Motion to Strike 764
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.11.28
Excerpt: ..., and fourth causes of action in the FAC without leave to amend. Plaintiff has not met his burden in showing a reasonable possibility of how such causes of action can be amended to state valid causes of action. The Court OVERRULES the demurrer to the fifth cause of action in the FAC. The Court GRANTS the motion to strike paragraphs 35, 40 and 41 without leave to amend. The Court also GRANTS the motion to strike paragraph 84 and prayer for relief ...
2023.11.27 Special Motion to Strike, for Attorney Fees 153
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.11.27
Excerpt: ...for attorney's fees and costs is DENIED. BACKGROUND This is an action to quiet title. On February 15, 2022, Dolores Cortes, Vanessa Garcia, and Stephanie Valeria Garcia (collectively, Plaintiffs) filed a complaint against Jose Garcia (Defendant or Jose), Freedom Mortgage, and Does 1-100, alleging the following causes of action: (1) quiet title, (2) partition, (3) fraud, (4) intentional infliction of emotional distress, and (5) constructive trust....
2023.11.16 Demurrer to FAC 496
Location: Los Angeles
Judge: Gridiron Winston, Lynette
Hearing Date: 2023.11.16
Excerpt: ...nd Does 1 to 10. On July 10, 2023, Defendant filed a demurrer to the complaint, which was set for a hearing on August 29, 2023. On August 11, 2023, the Court continued the hearing on Defendant's demurrer from August 29, 2023 to September 27, 2023. On September 13, 2023, Plaintiff West Coast Consulting Services LLC dba WCS Restoration LLC (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) alleging causes of action for breach...

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