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2020.11.04 Demurrer, Motion to Strike 768
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.11.04
Excerpt: ...IKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT Background On August 22, 2019, Plaintiff Melvin Webb, M.D. (“Plaintiff”) filed this action against Defendants White Memorial Medical Center (“WMMC”), Adventist Health System/West (“Adventist”), and Victory Emergency Physicians Medical Group, Inc. (“Victory”). The operative Second Amended Complaint (“SAC”) was filed on August 20, 2020, and asserts causes of action for (1) vio...
2020.11.04 Demurrer 869
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.11.04
Excerpt: ...ensen, Kalista Grace Base, and Kendra Georgeann Base (collectively “Plaintiffs”) filed this action on April 24, 2020 against a number of defendants. The operative First Amended Complaint (“FAC”) was filed on September 21, 2020, and asserts causes of action for (1) professional negligence, (2) breach of fiduciary duty, and (3) intentional deceit/fraud. Plaintiffs (who are three families: the McDaids, the Christensens, and the Bases) allege...
2020.11.02 Demurrer 489
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.11.02
Excerpt: ... CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On March 23, 2018, Plaintiff Candy Lopez (“Lopez”) filed this employment action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”) asserting, among other claims, violations of FEHA, stemming from allegations that Quon, Lopez's supervisor at UPS, sexually harassed her and threatened her with violence. On December 20, 2018, Quon filed a Cross-Complaint again...
2020.10.30 Demurrer 048
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.30
Excerpt: ...echter, as trustee of the Gerald M. Friedman Trust Dated 4/24/08 (the “Trust”) (jointly, “Plaintiffs”)[1] filed this action against various defendants, including Defendants Yossi Dina (“Dina”) and Ben Jewelry, Inc. (“Ben Jewelry”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 22, 2019, and asserts 15 causes of action for breach of written loan agreement, as well as causes of a...
2020.10.29 Motion to Seal, for Determination of Good Faith Settlement 152
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.29
Excerpt: ...OD FAITH SETTLEMENT; DEFENDANTS CEDARS-SINAI MEDICAL CENTER, SUMEET CHUGH, M.D., AND XUNZHANG WANG, M.D.'S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT; DEFENDANTS ST. JUDE MEDICAL, LLC AND ABBOTT LABORATORIES' MOTION TO STRIKE CROSS-COMPLAINT Background Plaintiffs Delinia R. Pinzon, Anadel R. Pinzon, Irene Pinzon Santos, and Joseph Benjamin Pinzon (collectively, “Plaintiffs”) filed this action on December 26, 2017 following the death of Anasta...
2020.10.29 Motion to Quash Summons 689
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.29
Excerpt: ...efendants Baldwin, LLC (“Baldwin”) and TIFEC, LLC (“TIFEC”). TIFEC was served with the summons and Complaint on July 7, 2020. TIFEC now moves to quash the summons and the Complaint for lack of personal jurisdiction. Saeong opposes. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may ...
2020.10.29 Demurrer, Motion to Strike 613
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.29
Excerpt: ...TRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT Background Plaintiffs Alexander Nabil Bassily and Nabil Bassily Sr. (jointly, “Plaintiffs”) filed this action against Defendant Kia Motors America, Inc. (“Defendant”) on December 4, 2019. The operative Second Amended Complaint (“SAC”) alleges causes of action for: 1. violation of subdivision (d) of Civil Code section 1793.2; 2. violation of subdivision (b) of Civil Code section 17...
2020.10.28 Demurrer 503
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.28
Excerpt: ...omplaint (“FAC”) was filed on July 15, 2020 and asserts causes of action for (1) voidable transfer based on actual intent, (2) voidable transfer during or resulting in insolvency, (3) voidable transfer based upon lack of equivalent value, (4) fraud on creditors, (5) declaratory relief, (6) constructive trust, (7) cancellation of written instruments, (8) aiding and abetting violations of the Uniform Voidable Transactions Act, (9) Penal Code se...
2020.10.27 Motion to Lift Stay, for Leave to File Amended Complaint 116
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.27
Excerpt: ...he Private Attorney General Act (“PAGA”) against Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”) (jointly, “Defendants”) on December 6, 2019. In her Complaint, Gutierrez asserts causes of action for violations of the Labor Code, including failure to pay minimum wage, failure to pay overtime, meal and rest break violations, and failure to pay other wages on behalf of herself and on behalf o...
2020.10.22 Motion for Summary Judgment 782
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.22
Excerpt: ...rnity; Gamma Tau Chapter of the Beta Theta Pi Fraternity; Alpha Nu Chapter of the Theta Xi Fraternity; and Beta Sigma Chapter of the Tau Kappa Epsilon Fraternity (collectively, “Plaintiffs”) filed this action against Defendant University of Southern California (“USC”). On November 5, 2018, USC's demurrer to Plaintiffs' Complaint was sustained without leave to amend. Plaintiffs thereafter appealed, and the Court of Appeal reversed and rema...
2020.10.21 Motion for Attorneys' Fees 341
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.21
Excerpt: ...e of a 2013 Chevrolet Cruze (the “Subject Vehicle”). The parties settled this action on January 17, 2020, when Plaintiffs Christopher Dugger and Angela Dugger (jointly, “Plaintiffs”) accepted an offer by Defendant General Motors, LLC (“GM”) pursuant to Code of Civil Procedure section 998 in the amount of $53,000. (Barry Decl., ¶ 12, Ex. 5.) Plaintiffs now move for an award of attorney fees and costs in the total amount of $74,333.39....
2020.10.20 Motion for Attorney's Fees 266
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.20
Excerpt: ... amount of $833.45 pursuant to Civil Code section 1717 and Code of Civil Procedure section 1033.5. Respondent Roundhay Properties, LP (“Roundhay”) opposes. Petitioner commenced this action on October 1, 2019 to confirm an arbitration award issued on July 26, 2019 in a commercial arbitration proceeding. The award was for $468,166.50. On March 10, 2020, Petitioner filed and served an amended petition to confirm the arbitration award to reflect ...
2020.10.19 Demurrers 496
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.19
Excerpt: ...is demurrer to the causes of action for breach of contract, breach of the covenant of good faith and fair dealing – unreasonable failure to investigate, and breach of the covenant of good faith and fair dealing – unreasonable failure to pay policy benefits as asserted in the First Amended Complaint (“FAC”) of Plaintiff Monacaro Corporation (“Plaintiff”). On May 19, 2020, Plaintiff filed its operative FAC. Plaintiff alleges that in Jun...
2020.10.19 Demurrer, Motion to Strike 127
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.19
Excerpt: ...tiff Michael Russell (“Plaintiff”) filed this action on December 12, 2018. The operative Second Amended Complaint (“SAC”) was filed on July 23, 2020 against Defendants. In the SAC, Plaintiff alleges that he was assaulted on December 14, 2016 after completing a cash withdrawal from a Union Bank ATM. Defendant Spec Concepts, Inc. (“Defendant”), who was not named in the original Complaint, now demurs to the entirety of the SAC on the gro...
2020.10.15 Demurrer, Motion to Strike 173
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.15
Excerpt: ...ckground On September 10, 2019, Plaintiff Jewelry Theatre Building, LLC (“Plaintiff”) filed this action against Defendants Farzad Mansouri (“Mansouri”), Shiva Nazarian (“Nazarian”), and Mahrad Enayati (“Enayati”). The operative First Amended Complaint (“FAC”) was filed on June 9, 2020, and asserts causes of action for (1) breach of real property lease agreement, (2) breach of guaranty, (3) account stated, (4) fraud in the indu...
2020.10.14 Demurrer 757
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.14
Excerpt: ...�Min”), and 2017 Sky, LLC (“Sky”) (collectively “Plaintiffs”) filed this action against various defendants. On July 20, 2020, Plaintiffs filed a Fourth Amended Complaint (“4AC”). The operative 4AC alleges thirteen causes of action arising out of a $200,000 bank loan. Defendants WJTJ, Inc. (“WJTJ”) and Austin Kim (“Kim”) (jointly, “The WJTJ Defendants”) now demur to the sixth cause of action for fraud and deceit (conspira...
2020.10.07 Demurrer, Motion to Strike 204
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.07
Excerpt: ...ALIFORNIA AND KATHLEEN SALVESON'S MOTION TO STRIKE PORTIONS OF PLAINTIFF TAKESHA ESSOMBE'S COMPLAINT Background Plaintiff Takesha Essombe (“Essombe”) filed this action on April 3, 2020 against Defendants the Regents of the University of California (the “Regents”) and Kathleen Salveson (“Salveson”) (jointly, “Defendants”). In her Complaint, Essombe asserts causes of action for (1) race discrimination and wrongful termination in vio...
2020.10.07 Demurrer, Motion to Strike 037
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.07
Excerpt: ...LAINT Background Plaintiff Spartak Ghazaryan (“Ghazaryan”) filed this action on July 18, 2019 against, among others, Defendant Mercury Insurance Group (“Mercury”). The operative Second Amended Complaint (“SAC”) was filed on August 6, 2020 and asserts causes of action for (1) breach of contract, (2) implied covenant of good faith and fair dealing, (3) violation of Business and Professions Code section 17200, (4) negligence, (5) intenti...
2020.10.02 Demurrer, Motion to Strike 837
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.02
Excerpt: ...RTAINMENT, LLC AND FIRST ACCESS ENTERTAINMENT LIMITED; JOINDERS BY DEFENDANTS MERCER, ORTEGA, HYV ABD HYV ACCESS Background On October 7, 2019, Plaintiff Liza Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against Defendants First Access Entertainment, LLC (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), the HYV, LLC (“The HYV”), HYV Access, LLC...
2020.10.01 Motion to Quash Service of Summons 570
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.10.01
Excerpt: ... action on October 4, 2019. Defendants Gheorghe Firescu (“Mr. Firescu”) and Gabriela Firescu (“Mrs. Firescu”) each now move to quash service of the summons and Complaint. Salvador opposes. Request for Judicial Notice The Court grants Mr. Firescu's request for judicial notice. Discussion Code of Civil Procedure section 418.10 provides in pertinent part: “A defendant, on or before the last day of his or her time to plead or within any fur...
2020.09.30 Demurrer 255
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.09.30
Excerpt: ... Amended Complaint (“TAC”) was filed on July 13, 2020 against Defendants Quality Loan Service Corporation (“Quality”) and Caliber Home Loans, Inc. (“Caliber”), and asserts causes of action for (1) fraud, (2) negligent misrepresentations, and (3) unfair business practices. Caliber now demurs to each of the causes of action on the ground that each fails to state facts sufficient to constitute a cause of action. Coleman opposes. Request ...
2020.09.25 Motion to Quash Service of Summons 570
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.09.25
Excerpt: ...yment action on October 4, 2019. Defendants Gheorghe Firescu (“Mr. Firescu”) and Gabriela Firescu (“Mrs. Firescu”) each now move to quash service of the summons and complaint. Salvador opposes. Request for Judicial Notice The Court grants Mr. Firescu's request for judicial notice. Discussion Code of Civil Procedure section 418.10 provides in pertinent part: “A defendant, on or before the last day of his or her time to plead or within an...
2020.09.23 Demurrer 998
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.09.23
Excerpt: ...ed this action on July 2, 2018 against, inter alia, Defendant City of Los Angeles (the “City”). The operative Fourth Amended Complaint (“4AC”) was filed on July 13, 2020, and asserts causes of action for (1) declaratory relief, (2) declaratory relief, and (3) writ of mandate. The City now demurs to each of the causes of action of the 4AC on the ground that each fails to state facts sufficient to constitute a cause of action. Childhelp opp...
2020.09.22 Motion to Quash Deposition Notice and Subpoena 427
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.09.22
Excerpt: ...ackground Plaintiff Teresa Delfin (“Plaintiff”) filed this action on May 20, 2019 against Defendant Whittier College (“Defendant”). Plaintiff's Complaint[1] asserts causes of action for retaliation (FEHA), retaliation (Labor Code sections 1102.5-1105), failure to prevent/investigate, remedy discrimination (FEHA), discrimination on the basis of gender, race, ancestry, and national origin (FEHA), wrongful termination in violation of public ...
2020.09.22 Motion for Summary Judgment, Adjudication 218
Location: Los Angeles
Judge: Beaudet, Teresa A
Hearing Date: 2020.09.22
Excerpt: ...March 6, 2019, Sasson, 8300 South Vermont, LP, and 620 Arkell Drive House, LLC (collectively, “Cross-Complainants”) filed a Cross-Complaint against Blum Collins, Steven A. Blum (“Blum”), Chia Heng Ho aka Gary Ho (“Ho”), and Jacqueline Ann Axtell (“Axtell”) (collectively, “Cross-Defendants”). Cross-Complainants assert causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing,...

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