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2024.04.26 Motion to Compel Further Responses, for Sanctions 423
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.26
Excerpt: ...iff”) RESPONDING PARTY: Defendant American Honda Motor Co., Inc. (“AHM” or “Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court compelling AHM to provide further responses to Plaintiff's first set of Special Interrogatories Nos. 10, 46 -48, and imposing monetary sanctions in the amount of $2,185.00 against AHM and its attorney of record. TENTATIVE RULING: The motion is DENIED. The request for monetary sanctions is DENIED. ...
2024.04.25 Motion to Compel Deposition of PMK, for Sanctions 711
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.25
Excerpt: ...OVING PARTY: Plaintiff Sorush Sharif (“Plaintiff”) RESPONDING PARTY: Defendant Santa Monica BMW (“Defendant”) NOTICE: OK¿¿ RELIEF REQUESTED: An order from this Court to compel the attendance of Defendant's Person Most Knowledgeable and production of documents, and to impose monetary sanctions against Defendant and its attorney of record in the amount of $3,554.01. TENTATIVE RULING: The motion is GRANTED IN PART. The Request for Monetary...
2024.04.25 Demurrer, Motion to Strike 594
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.25
Excerpt: ...Plaintiffs Elliot Minge Brown and Deborah Ali Kelson (“Plaintiffs”) NOTICE: OK¿¿¿ RELIEF REQUESTED: An order to grant GM's demurrer to the Fourth and Fifth Cause of Action in Plaintiffs' First Amended Complaint, and to strike the prayer for exemplary or punitive damages. TENTATIVE RULING: The demurrer is OVERRULED. The motion to strike is DENIED. BACKGROUND Plaintiffs filed this Song -Beverly Consumer Warranty Act lawsuit over alleged defe...
2024.04.24 Motion to Set Aside Order Re Discovery Responses, for Sanctions 568
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.24
Excerpt: ...� or “Nazari”) RESPONDING PARTY: Defendant Kevin Christopher McCalla (“Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court to set aside the Court's Minute Order dated February 8, 2024, Deeming Defendant's Request for Admission, Set One, as admitted, and to vacate the monetary sanction against Plaintiff. TENTATIVE RULING: The Motion to Set Aside the Order deeming the requests for admissions as admitted is GRANTED. The Request...
2024.04.23 Demurrer, Motion to Strike 109
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.23
Excerpt: ...onry (“Defendants”) RESPONDING PARTY: Plaintiff Northbridge Point Homeowners Association (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court sustaining Defendants' Demurrer to the Second and Fourth Causes of Action in Plaintiff's First Amended Complaint. TENTATIVE RULING: The demurrer is SUSTAINED without LEAVE TO AMEND. The motion to strike is GRANTED IN PART. BACKGROUND On February 16, 2022, Plaintiff initiated this acti...
2024.04.22 Motion to Dismiss, Demurrer 560
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.22
Excerpt: ...tiff Golden Pro Insurance Services, Inc. (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order dismissing the action, or in the alternative, staying all proceedings based on a forum selection clause. TENTATIVE RULING: The motion is DENIED. BACKGROUND On May 30, 2023, Plaintiff initiated this action against Defendants AAA Merchant Services, Aimee Johnson, Fiserv, Credit Risk Monitoring, and Does 1 through 100, alleging (1) Conversion, (2) Common...
2024.04.19 Motion to Strike 052
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.19
Excerpt: ...rique Moreno Roque (“Defendants”) RESPONDING PARTY: Plaintiff Michael John Garcia (“Plaintiff”) NOTICE: ok. RELIEF REQUESTED: An order from this Court striking Plaintiff's second cause of action, paragraphs 15 through 24, and the fifth prayer for exemplary and punitive damages of the second amended complaint. TENTATIVE RULING: The motion is GRANTED with LEAVE TO AMEND. BACKGROUND Plaintiff filed his Complaint alleging personal injuries ca...
2024.04.19 Motion to Compel Further Responses, for Sanctions 423
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.19
Excerpt: ...ff”) RESPONDING PARTY: Defendant American Honda Motor Co., Inc. (“Honda” or “Defendant”) NOTICE: ok. RELIEF REQUESTED: An order from this Court compelling Defendant Honda to provide further responses to Plaintiff's first set of Request for Production of Documents Nos. 18, 45- 46, and imposing monetary sanctions in the amount of $3,220.00. TENTATIVE RULING: The motion is GRANTED IN PART. The request for monetary sanctions is DENIED. BACK...
2024.04.18 Motion to Set Aside and Vacate Default 316
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.18
Excerpt: ...e NOTICE: ok¿¿¿ RELIEF REQUESTED: An order of this Court vacating the Default entered on August 18, 2023, against Defendant Appel. TENTATIVE RULING: The motion is GRANTED. BACKGROUND On April 23, 2021, Plaintiff Lucy Holdings, LLC (“Plaintiff” or “Lucy Holdings”) filed its original complaint in this action alleging a cause of action for declaratory relief/quiet title against Defendants Krupe Industries, Inc. (“Krupe”) and Witkin & ...
2024.04.17 Motion to Compel Responses, for Sanctions 567
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.17
Excerpt: ...G PARTY: Defendants Marie Ilous and In Action Realtors, Inc. d/b/a Brad Korb Real Estate NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendants Marie Ilous and In Action Realtors, Inc. to serve full, responsive, and complete verified responses, without objections to Plaintiffs' Request for Production, Set One, and imposing monetary sanctions in the am ount of $2,425.00. TENTATIVE RULING: The motion is deemed MOOT. The request...
2024.04.17 Motion to Compel Further Responses, for Sanctions 442
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.17
Excerpt: ...intiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Demand for Production No. 1, Set Two, without objection within 10 days, and imposing monetary sanctions in the amount of $2,400.00 aga...
2024.04.10 Demurrer, Motion to Strike 179
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.10
Excerpt: ...tiff”) NOTICE: ok RELIEF REQUESTED: An order from this Court granting Kinetix's Demurrer and striking punitive damages and prejudgment interest against it in the Prayer for Relief. TENTATIVE RULING: The demurrer is OVERRULED. The Motion to Strike is GRANTED IN PART without leave to amend. BACKGROUND This action arises from allegations of sexual misconduct against Plaintiff during her physical therapy sessions. The named defendants include the a...
2024.04.09 Motion for Leave to File Amendment to Complaint 223
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.09
Excerpt: ...aintiffs”) RESPONDING PARTY: none NOTICE: ok RELIEF REQUESTED: An order from this Court granting Plaintiffs leave to file their Amendment to the Complaint to add two additional plaintiffs Anahi Ramirez- Bernal and Alejandro Lopez. TENTATIVE RULING: The motion is GRANTED. BACKGROUND On July 26, 2023, Plaintiffs filed their Complaint against Defendants Canyon Country Mobile Home Estates, LLC, and J&H Asset Property MGT., Inc., and Does 1 -50 (col...
2024.04.04 Application for Writ of Possession 144
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.04
Excerpt: ...EQUESTED: An order granting Plaintiff's application for writ of possession. TENTATIVE RULING: The motion is CONTINUED. BACKGROUND This action arises from an alleged breach of contract. Plaintiff BMO Bank seeks a writ of possession against Defendants Medina Truck & Transportation, Inc. (“MT&T”) and personal guarantor Salvador Medina (“Medina”) (collectively, “Defendants”) for one 2023 Peterbilt tractor. On October 18, 2023, Plaintiff i...
2024.04.03 Motion to Strike 580
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.03
Excerpt: ...ING PARTY: Plaintiffs Teresa Arasheben, Vince Garcia, Mohammad Arasheben, Ohara Arasheben, and Lara Arasheben. (collectively, “Plaintiffs”) NOTICE: ok RELIEF REQUESTED: An order from this Court striking portions of the Complaint. TENTATIVE RULING: The motion is GRANTED IN PART with LEAVE TO AMEND. BACKGROUND This action involves a property insurance coverage dispute, stemming from a claim that Plaintiffs submitted to the Moving Defendant who ...
2024.04.02 Motion to Strike Punitive Damages 013
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.04.02
Excerpt: ...UESTED: An order from this Court striking the language regarding punitive damages in the Complaint. TENTATIVE RULING: The motion is GRANTED with LEAVE TO AMEND. BACKGROUND This action arises from a vehicle collision allegedly caused by Defendants. On July 10, 2023, Plaintiff Barbara Deeann Costanzo (“Plaintiff”) filed her Complaint against Defendants Emmanuel Gonzalez and Guillermo Luis Rodriguez (collectively, “Defendants”), and Does 1 -...
2024.03.28 Motion for Mandatory Relief, Discretionary Relief, to Set Aside Judgment, to Set Aside Judgment Based Upon Abandonment of Attorney 740
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.28
Excerpt: ...sociates Group (“1000 Palms” or the “Moving Defendant”) RESPONDING PARTY: Plaintiff Victor Irene Lopez (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order from the Court to grant the Moving Defendant's motion to set aside the Court's January 12, 2024, Judgment pursuant to Code of Civil Procedure section 473 subdivision (b). TENTATIVE RULING: The motion is DENIED. BACKGROUND On September 28, 2021, Plaintiff initiated this action agains...
2024.03.26 Motion to Compel Further Responses 694
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.26
Excerpt: ..., LLC (“Defendant” or “GM”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant GM to provide further responses to Plaintiff's Request for Production of Documents, Set One, Nos. 16 -21 within 10 days. TENTATIVE RULING: The motion is GRANTED. BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code §§ 1790 et seq.) over alleged defects in a 2019 Chevrolet Blazer (the “Subject Vehicle”)....
2024.03.26 Motion to Compel Further Responses 300
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.26
Excerpt: ...intiff”) RESPONDING PARTY: Defendant Volkswagen Group of America, Inc. (“Defendant” or “VW”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant VW to provide supplemental responses to Plaintiff's Request for Production of Documents, Set One, Nos. 1 -37, within in 10 days. TENTATIVE RULING: The motion is GRANTED IN PART. BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (“SBA”) (Civil Code ...
2024.03.22 Demurrer, Motion to Strike FACC 760
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.22
Excerpt: ...(collectively, the “demurring Parties” or “Cross - Defendants”) RESPONDING PARTY: Defendant/Cross -Complainant Olga Kapustin (“Defendant/Cross -Complainant” or “Kapustin”) NOTICE: ok RELIEF REQUESTED: An order sustaining the Demurrer to Defendant/Cross -Complainant's First Amended Cross -Complaint (“FACC”). TENTATIVE RULING: The Demurrer is OVERRULED. The Motion to Strike is DENIED. BACKGROUND On September 30, 2021, Plaintiff/...
2024.03.18 Motion to Compel Responses, for Sanctions 091
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.18
Excerpt: ...NG PARTY: Plaintiff Hugo Moisa -Archila (“Plaintiff”) RESPONDING PARTY: Defendant Jose Roberto Gonzalez dba JRG Trucking (“Gonzalez”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant to provide responses, without objections, to Plaintiff's Request for Production of Documents and Things, Set One, and awarding Plaintiff monetary sanctions in the amount of $2,311.65. TENTATIVE RULING: The motion is DENIED AS MOOT. The Request for M...
2024.03.18 Motion to Compel Further Responses, for Sanctions 168
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.18
Excerpt: ...eneral Motors, LLC (“Defendant” or “GM”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant GM to provide further responses to Plaintiff's Request for Production of Documents, and awarding Plaintiff monetary sanctions in the amount of $3,210.00. TENTATIVE RULING: The motion is GRANTED. The request for monetary sanction is GRANTED IN PART. BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil ...
2024.03.18 Motion to Compel Further Responses 696
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.18
Excerpt: ...ndants”) RESPONDING PARTY: Plaintiff W.H.S. Humble & Associates, LLC (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order compelling Plaintiff to provide further verified responses, without objections, to Request for Production of Documents, Set One, which was served on Plaintiff on September 13, 2023; additionally, awarding Defendants monetary sanctions in the amount of $5,311.65. TENTATIVE RULING: The motion is GRANT IN PART. The request f...
2024.03.15 Motion to Compel Joinder of Indispensable Parties 640
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.15
Excerpt: ...Y: Plaintiff Karen De Herrera (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order compelling Horizon Personnel Services and Employers Outsourcing, LLC to be joined to this lawsuit as indispensable parties. TENTATIVE RULING: The motion is DENIED. BACKGROUND On June 6, 2023, Plaintiff filed her Complaint, alleging against Defendant Vision Media and Does 1 through 10, alleging wage and hour violations under the Private Attorneys General Act of 2...
2024.03.15 Motion for Leave to Intervene as Interested Party 303
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.15
Excerpt: ...do, Norma Salcido, and Jonathan Banuelos (collectively, “Defendants”), and Plaintiff Chevon Martin Robinson, as Successor Trustee of THE GESNER L. MARTIN LIVING TRUST (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order granting Mr. Martin's leave to intervene as an interested party under the mandatory intervention authority in accordance with Code of Civil Procedure section 387 subdivision (d) paragraph (1) TENTATIVE RULING: The motion is...
2024.03.14 Motion to Compel Further Responses, for Sanctions 442
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.14
Excerpt: ...: Plaintiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Plaintiff's Special Interrogatories, Set One, Nos. 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 21, 30, 31, 32, 33, 34, and 35 wi...
2024.03.12 Motion to Compel Further Responses, for Sanctions 442
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.12
Excerpt: ...Plaintiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Plaintiff's Demand for Production, Set One, Nos. 1 - 42, and imposing monetary sanctions in the amount of $4,400.00 against PlayCor...
2024.03.11 Demurrer 102
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.11
Excerpt: ...STED: An order from this Court granting the demurrer to Plaintiff's Complaint TENTATIVE RULING: The demurrer is OVERRULED as to the First and Second Causes of Action. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND for the Third Cause of Action. BACKGROUND This action arises from a dispute over a written lease agreement between the parties. On July 17, 2023, Plaintiff initiated this action, alleging against Defendants Razi Dental, Inc., Saeid Ra...
2024.03.11 Motion to Compel Further Responses, for Sanctions 442
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.11
Excerpt: ...laintiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Plaintiff's Form Interrogatories, Set One, Nos. 1.1; 3.6; 3.7; 12.1; 15.1; 16.1; 16.2; 16.3; 16.4 and 16.5, and imposing monetary sa...
2024.03.08 Motion to Quash Service of Summons 609
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.08
Excerpt: ... to quash the service of summons on Mr. Arriaga Senior TENTATIVE RULING: The motion is DENIED AS MOOT. BACKGROUND On August 30, 2023, Plaintiff initiated this action against Defendants Magic Mountain, LLC, Jose Arriaga (“Mr. Arriaga Junior”), and Does 1 through 50. The Complaint alleges 12 causes of action: (1) sexual battery/abuse of a minor; (2) intentional inflicti on of emotional distress; and (3) sexual harassment; (4) negligent hiring, ...
2024.03.08 Motion for Leave to File Complaint 497
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.08
Excerpt: ...RTY: Plaintiffs Rigoberta Rosales and Hector Rosales (“Plaintiffs”) NOTICE: ok RELIEF REQUESTED: An order granting the moving Defendants leave to file their Cross -Complaint. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises from an automobile accident that occurred on May 28, 2021, in which Defendant Ricardo Valdez allegedly caused injuries to Plaintiff Rigoberta Rosales. Prior to the commencement of the present action, ...
2024.03.07 Motion to Compel Responses 166
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.07
Excerpt: ...CE: ok RELIEF REQUESTED: An order compelling Defendant Rolls -Royce Motor Cars of Beverly Hills to provide verified responses to Plaintiff's Form Interrogatories, Set One, and Special Interrogatories, Set One, within ten (10) days following the hearing on this motion. Additionally, Plaintiff seeks monetary sanctions in the amount of $2,316.75. TENTATIVE RULING: The motion is GRANTED IN PART. BACKGROUND Plaintiff brought this action under the Song...
2024.03.06 Motion to Compel Compliance 631
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.06
Excerpt: ...��) to comply with the Court's November 1, 2023, order compelling Roshmore to provide further responses to Plaintiff's Request for Production of Documents, Set One, and monetary sanctions in the amount of $2,760.00. Additionally, Plaintiff requests monetary sanctions in the amount of $3,850.00 in the instant motion. TENTATIVE RULING: The motion is GRANTED IN PART. BACKGROUND This action arises out of a dispute regarding real property commonly kno...
2024.03.06 Motion for Trial Preference 975
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.06
Excerpt: ...t Artia Management Company (“Defendant” or “Artia”) NOTICE: ok RELIEF REQUESTED: An order granting trial preference on an ex parte basis and appointing Plaintiff's son, Plaintiff Geoffrey A. Bertoldo, as Guardian ad Litem (“GAL”) TENTATIVE RULING: The motion is GRANTED. BACKGROUND On July 6, 2023, Plaintiffs Joyce Elaine Bertoldo (“Joyce”), by and through her GAL, Geoffrey A. Bertoldo (“Geoffrey”), and Geoffrey initiated the p...
2024.03.06 Demurrer 536
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.06
Excerpt: ...ING: The Demurrer is SUSTAINED WITH LEAVE TO AMEND. BACKGROUND On August 22, 2023, Plaintiff Victor Sonora (“Plaintiff”) initiated this action against Defendant Carl Warren & Company LLC, seeking damages for personal injuries and property damages resulting from an accident in which Plaintiff's vehicle encountered a ro ad hazard. On September 15, 2023, Plaintiff filed his operative First Amended Complaint (“FAC”), wherein Defendant County ...
2024.03.05 Motion for Summary Judgment, Adjudication of Issues 178
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.03.05
Excerpt: ...laintiff Timothy Mullen (“Plaintiff”) NOTICE: ok RELIEF REQUESTED: An order granting the moving Defendant's Motion for Summary Judgment, or in the alternative, granting Summary Adjudication as to the Third and Sixth Causes of Action. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises out of Plaintiff's claim that in 1982, he was sexually assaulted by Father Stanley Adamakis (“Adamakis”) (now deceased), a Greek Orthodox...
2024.02.28 Motion for Stay of Execution Pending Appeal 289
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.28
Excerpt: ...e name and signature of the declarant. Therefore, the proof of service is defective under Code of Civil Procedure section 1013b. ¿¿ RELIEF REQUESTED: An order staying the execution of the order issued on May 30, 2023, which granted Plaintiff's motion for summary adjudication on possession only. TENTATIVE RULING: The motion is TAKEN OFF CALENDAR AS MOOT. BACKGROUND On April 25, 2022, Plaintiff Dunn Investment Properties, Inc. (“Plaintiff”) f...
2024.02.27 Motion for Summary Judgment 453
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.27
Excerpt: ...TENTATIVE RULING: The motion is GRANTED. BACKGROUND This medical malpractice action stems from the care and treatment provided to Plaintiff Andrey Rossius, D.M.D. (“Plaintiff”) by Defendant Jame J. Lee, M.D. On June 16, 2021, Plaintiff filed this action against Defendants Providence Health & Services, Providence, Providence St. Joseph Health, Providence Holy Cross Medical Center, James J. Lee, M.D., Peyman Mesbah Oskui, M.D., Lanzio Arnau, O....
2024.02.26 Motion to Strike Punitive Damages 609
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.26
Excerpt: ...QUESTED: An order granting the moving Defendant's Motion to Strike References to Punitive Damages in Complaint. TENTATIVE RULING: The motion is DENIED. BACKGROUND On August 30, 2023, Plaintiff filed this action against Defendants Magic Mountain, LLC, Jose Arriaga (“Arriaga”), and Does 1 through 50. The Complaint alleges 12 causes of action: (1) sexual battery/abuse of a minor; (2) intentional infliction of emotional distress; and (3) sexual h...
2024.02.23 Motion for Summary Judgment 311
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.23
Excerpt: ...TED: An order granting Defendant's Motion for Summary Judgment TENTATIVE RULING: The motion is DENIED. BACKGROUND On June 26, 2020, Plaintiff filed this action against Defendant for injuries sustained on October 3, 2019, while rehearsing the “Unleashed” Show Choir. Plaintiff alleged against Defendant and its employees for two causes of action: (1) Negligence under Government Code section 815.2, 815.4, 815.6, and 820, and (2) Negligent Supervi...
2024.02.20 Motion to Expunge Lis Pendens, for Attorney Fees 101
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.20
Excerpt: ...ed no later than five court days before the time appointed for the hearing.” (Cal. Rules of Court, rule 3.1300(c).) Despite the absence of a filed proof of service, the Court will proceed to review the motion on its merits, considering that Plaintiff argued in a previous hearing on advancing this hearing date. (1/18/24 Minute Order.) Consequently, it can be reasonably i nferred that Plaintiff has been served the motion. The Court directs the mo...
2024.02.20 Motion to Compel Deposition of PMK 694
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.20
Excerpt: ... order compelling Defendant GM to produce a Person Most Qualified (“PMQ”) for all categories in the Deposition Notice, within 10 calendar days. TENTATIVE RULING: The motion is GRANTED. BACKGROUND Plaintiff brings this action under the Song -Beverly Consumer Warranty Act (Civil Code §§ 1790 et seq.) for a vehicle she purchased in 2019, for which Defendant General Motors, LLC (“GM”) issued the manufacturer's express warranty. (Compl. ¶¶...
2024.02.09 Motion for Attorney Fees 810
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.09
Excerpt: ...ndant Avex Builders, Inc. (Defendant) SUMMARY OF ACTION In this case, the parties settled in Plaintiff's favor. As the prevailing party on contracts containing provisions for attorney fees, Plaintiff is entitled to attorney fees. Plaintiffs filed this motion pursuant to Civ. Code § 1717, which allows for the recovery of attorney fees when a contract contains a fees provision. Both the contracts between the parties and the settlement agreement al...
2024.02.06 Motion to Vacate or Set Aside Request for Entry of Default 778
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.06
Excerpt: ...a breach of warranty of habitability and other related causes of action filed by Plaintiffs Ivan Medina Cebreros, et al., (Plaintiffs) on September 22, 2022. Defendants Parkville, LLC and Chatsworth Gardens Apartments, LLC (Defendants) were served on October 12, 2022, and October 14, 2022. On December 8, 2022, a default was entered against Defendants because they had not answered Plaintiffs' complaint. From January through May 2023, the parties m...
2024.02.02 Motion to Compel Responses, to Deem RFAs Admitted 845
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.02
Excerpt: ...aintiff's Requests for Production, Form Interrogatories, and Special Interrogatories and a motion to deem requests for admission admitted, as well as sanctions for each motion SUMMARY OF ACTION On May 26, 2023, Plaintiff Kubota Credit Corporation (Plaintiff) served Defendant Esmerald Rubio- Acosta (Defendant) with Form Interrogatories, Requests for Production of Documents, Special Interrogatories, and Requests for Admission. Plaintiff contacted D...
2024.02.01 Motion to Compel Further Responses 019
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.01
Excerpt: ...ding form interrogatories and requests for admission, on Plaintiff Daniel Torres (Plaintiff). Plaintiff denied all 35 requests for admission. Form Interrogatory Number 17.1 requested that Plaintiff provide facts supporting his answers to the requests for admission, specifically requests 17, 19, 20, 21, 22, 23, 24, and 27. Initially, Plaintiff responded by saying “not applicable.” After meeting and conferring, Plaintiff provided supplemental r...
2024.02.01 Demurrer 348
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.02.01
Excerpt: ...2019 Ford F-150. (Comp., ¶ 9.) Plaintiff received various warranties in connection with the purchase of the vehicle from Defendant Ford Motor Company (Defendant). (Comp., ¶¶ 9-10.) Plaintiff alleges that there were transmission defects, electrical defects, and other non-conformities with the vehicle. (Comp., ¶ 14.) Plaintiff alleges that Defendant knew of the vehicle's defects prior to Plaintiff purchasing the vehicle. (Comp., ¶ 26.) Plainti...
2024.01.31 Motion for Preliminary Injunction 650
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.31
Excerpt: ...vate Money Solutions (PMS) in order to complete repairs on the property. The loan agreement was for $335,000.00. Plaintiff agreed to pay the principal on the loan, and Premium Remodeling, Inc., (Premium), which was performing the repairs on the property, agreed to cover the interest and fees on the loan, with an agreement that Plaintiff would reimburse Premium once certain conditions were met. Plaintiff alleges that these conditions were never me...
2024.01.30 Motion to File and Serve FAC 392
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.30
Excerpt: ... re-assign the case to the Court's docket. Finally, Plaintiffs have requested that the Court permit Plaintiffs to re-file and re-serve their demurrer and motion to strike portions of Defendant John Goshorn's Cross- Complaint. SUMMARY OF ACTION Plaintiffs Aqua Blue Construction, Inc., and Britton Rodne Juliet (Plaintiffs) filed this action on May 31, 2022, after Defendant John Goshorn (Defendant) allegedly failed to pay for change orders to a pool...
2024.01.30 Motion for Leave to File SAC 338
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.30
Excerpt: ...f contract of a partnership agreement for the purchase and renovation of a property. Plaintiff alleged that Defendant Armen Vardanyan (Defendant) breached their agreement. Plaintiff's First Amended Complaint was filed on May 17, 2023. Defendant filed his answer on October 23, 2023. On January 2, 2024, Plaintiff filed the instant motion for leave to file a second amended complaint. Plaintiff seeks to add several causes of action to his complaint, ...
2024.01.29 Demurrer 373
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.29
Excerpt: ...alse representations to a judge regarding Plaintiff's participation in a diversion program. Defendant provides rehabilitation services in connection with a diversion program. Plaintiff alleges that though he was in compliance with the reporting requirements of the program, Defendant reported to the court that he was not in compliance. Plaintiff alleges that as a result, he was remanded to jail. His alleged damages are a result of that incarcerati...
2024.01.26 Motion for Summary Adjudication 865
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.26
Excerpt: ...otional Distress SUMMARY OF ACTION On February 13, 2020, Plaintiff Solomon Perkins, a student at Tesoro Del Valle Elementary School, a school campus within the territory of Defendant Saugus Union School District (Saugus Union), was an enrolled student on campus, when a fellow classmate, “Tobin,” reported to a staff member on campus that Plaintiff was carrying a gun in his backpack. According to the complaint, Plaintiff told Tobin he had a “...
2024.01.25 Motion for Summary Judgment 336
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.25
Excerpt: ...that on March 5, 2020, a group of students were bullying her and pushed her into a concrete lunch table, causing her to lose consciousness. (SAC, ¶ 22.) Plaintiff alleges that this incident occurred because of the negligence of Defendants Los Angeles Unified School District and Luis Lopez (Defendants). On May 26, 2023, Defendant LAUSD served written discovery on Plaintiff, including LAUSD's Requests for Admissions. Plaintiff's responses were due...
2024.01.24 Motion for Summary Judgment 278
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.24
Excerpt: ...riest assigned to a location in Northridge. Plaintiff alleges the church organization was aware of Father Adamakis's pedophile activities. On March 9, 2021, Plaintiff filed a complaint for Negligence (three causes of action) and Negligent Supervision, Negligent Hiring and/or Retention (three causes of action). On April 7, 2021, Plaintiff filed a first amended complaint Negligence (three causes of action against three different entities within the...
2024.01.24 Demurrer to FAC, Motion to Strike 101
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.24
Excerpt: ...audulent Inducement-Concealment [FAC ¶¶ 83-101] · Prayer for Punitive Damages [FAC, p. 21, line 9, subpart 6] SUMMARY OF ACTION On August 30, 2021, Plaintiffs Manuel Rangel Quintero and Miriam Mayoral Hernandez (Plaintiffs) purchased a 2018 Honda Odyssey. (FAC, ¶ 8.) Plaintiffs received a New Vehicle Limited Warranty in connection with the purchase of the vehicle manufactured by Defendant American Honda Motor Co., Inc. (Defendant). (FAC, ¶ 9...
2024.01.23 Motion for Preliminary Injunction 946
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.23
Excerpt: ... Surrogacy and owns a 51% interest. Plaintiff Chien Fang Wang provides unspecified employment services “primarily” from the Peoples Republic of China. Plaintiffs allege Spencer manages business operations, including “supervisor” of all individual plaintiffs. All parties work remotely or not in any indicated central space. Plaintiffs allege Spencer in the position as majority shareholder and company director both improperly manages human r...
2024.01.19 Motion for Sanctions 289
Location: Los Angeles
Judge: Micon, Gary I
Hearing Date: 2024.01.19
Excerpt: ... granting summary adjudication on possession of the premises at issue in this case. The Coun denied their motion for reconsideration on the basis that it did not present any new facts or law and instead tried to present new arguments without any explanation for why they did not present those arguments previously. Plaintiff Dunn Investment Properties, Inc. (Plaintiff) now seeks sanctions from Defendants' counsel: Dominic J _ Trutanich and Anthony ...

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