Judge Serena R. Murillo: Comprehensive Profile - Analytics, Rulings, and Recent Cases

TENTATIVE

Plaintiff’s Motion for Leave to Amend Complaint is GRANTED. Plaintiff must file the proposed Second Amended Complaint no later than 15 days from the date of this order.

Legal Standard

Code of Civil Procedure § 473, subdivision (a)(1) provides, in relevant part: “The court ...

TENTATIVE

Plaintiff’s Motion for Leave to Amend Complaint is GRANTED. Plaintiff must file the proposed Second Amended Complaint no later than 15 days from the date of this order.

Legal Standard

Code of Civil Procedure § 473, subdivision (a)(1) provides, in relevant part: “The court ...

Motion: Motion to be Relieved as Counsel

Moving Party: Owili K. Eison/Banafsheh Danesh & Javid, P.C., counsel for Plaintiff Alicia Maria Lopez

Responding Party: None

TENTATIVE: Motion is GRANTED

Analysis: On July 23, 2021, the Court continued the hearing and ordered counsel ...

TENTATIVE

Defendant’s Motion to Compel Compliance by Fallas Paredes with Deposition Subpoena for Production of Business Records and Request for Sanctions is GRANTED.

Non-party, Fallas Paredes, is ordered to produce documents in compliance with the Deposition Subpoena for Production of Busin...

TENTATIVE

Plaintiff Arsen Baunkts’ Motion to Enforce Settlement Agreement Pursuant to Cal. Code Civ. Proc. Section 664.6 and for Interest and Attorney’s Fees is DENIED.

Legal Standard

“If parties to pending litigation stipulate, in a writing signed by the parties outside the presenc...

TENTATIVE

Proposed Intervenor Norguard Insurance Company’s Motion for Leave to Intervene is GRANTED.

Legal Standard

CCP section 387(d) provides the following:

(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either o...

TENTATIVE

On April 12, 2021, the Court found that while the settlement was reasonable, various defects precluded the granting of the expedited petition. The Court thus set a hearing and ordered Petitioner to file an amended petition and amended proposed order correcting the identified defects and t...

TENTATIVE

Defendant Brian Jaffe’s Motion for Summary Judgment is CONTINUED to September 29, 2021 at 1:30 p.m.

Discussion

Defendant filed a notice indicating the exhibits in support of his motion have been lodged with the court. By lodging rather than filing the evidence, Defendant h...

Case name: 20STCV12565 SACHI MOSKOWITZ vs PETER WHITNEY, et al.

Motion:

Moving Party: Defendant Doordash, Inc.

Responding Party: None TENTATIVE: The Court GRANTS the motions but reduces the total amount of monetary sanctions from $1,777.95 (i.e., $592.65 for each motion) to $900 tot...

Case Number and Name: BC721696 BRIAN RICARDO PORTILLO VS ALEXANDRA MARTINEZ FLORES

Motion: Motion to Withdraw

Moving Party: Shahab Mossavar-Rahmani, Esq. of Omega Law Group, PC, attorney for Plaintiff, Brian Ricardo Portillo

Responding Party: None

TENTATIVE: Motion is DENIED...

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

STANDARD

Court approval is required to establish an enforceable settlement of a minor's claim or the claim of an individual with a...

TENTATIVE

Cross-Defendant Kenneth Pojoy’s Motion to Set Aside Default is GRANTED. The Court’s January 29, 2021 entry of default as to Cross-Defendant Kenneth Pojoy is hereby vacated. Cross-Defendant’s Answer, which is attached as Exhibit 1 to the Declaration of Neil Steiner, is deemed filed as of t...

TENTATIVE

The Court has reviewed the petition and finds the settlement amount is fair and reasonable. The Court also finds the amount of attorney’s fees requested, which constitutes 25% of the gross settlement amount, is reasonable. However, the Court has found the following defects preclude the gr...

TENTATIVE

Defendant Access Services’ Motion for Judgment on the Pleadings is GRANTED with leave to amend.

Legal Standard

A defendant may move for judgment on the pleadings when the “complaint does not state facts sufficient to constitute a cause of action against that defendant.”¿ (...

TENTATIVE

19STCV31130 Ronald Rivkin v. Lynn Benjamin, et al.

Application for an Evidentiary Sanction to Exclude Dr. Brian P. Jacks from Testifying at Trial for Breach of IME Stipulation by Plaintiff Ronald Rivkin is GRANTED.

BACKGROUND

This action arises out of injuries rela...

TENTATIVE

Defendant Simon M. Keushkerian, M.D.’s Motion for Summary Judgment is DENIED.

Legal Standard

The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, des...

TENTATIVE

Raven’s motion is GRANTED.

Legal Standard

“The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” (C...

ENTATIVE

After considering the evidence and arguments presented in the moving papers, the Court GRANTS defendant County of Los Angeles’s Motion to Contest the Good Faith of the Settlement Between Plaintiff and Settling Defendants.

Legal Standard

Determination of Good Faith Settlemen...

TENTATIVE

Defendant’s Motion is DENIED.

Defendant is ordered to give notice.

Legal Standard

CCP § 1005(b) requires any motion to be filed and served at least 16-court days before the hearing, and if notice is served by mail the required period of notice before the hearing is...

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor. The Court finds that the settlement is reasonable,...

TENTATIVE

Plaintiff Raymond Evans’s Motion for Entry of Judgment is DENIED.

Legal Standard

“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the c...

TENTATIVE

After considering the evidence and moving papers, the Court GRANTS the Defendants’ Motion for Leave to Amend Cross-Complaint. (Code Civ. Proc., § 428.50(b).)

Legal Standard

Code Civ. Proc., section 428.50, provides that:

(a) A party shall file a cross-complaint aga...

TENTATIVE

After considering the evidence and arguments presented in the moving papers, the Court GRANTS defendant County of Los Angeles’s Motion to Contest the Good Faith of the Settlement Between Plaintiff and Settling Defendants.

Legal Standard

Determination of Good Faith Settleme...

TENTATIVE: The demurrer filed by Defendants Urban Futures Bond Administration and Mgr. Gomez on June 7, 2021 as to the yet unfiled First Amended Complaint is continued to July 30, 2021 at 1:30 p.m. On the court's motion, the demurrer filed by Defendants Weddington Apartments and Mgr. Rachel Martinez on Mar...