What is a Motion for New Trial?

Useful Rulings on Motion for New Trial

Recent Rulings on Motion for New Trial

151-175 of 10000 results

TIMOTHY FRANKLIN V. KENNETH FRANKLIN

Timothy Franklin and Kirsal Kay Franklin (collectively “Plaintiffs”) and Central Coast Investments, LLC filed this action for breach of contract—specific performance and declaratory relief against Cinthia Franklin, Kenneth Franklin (collectively “Defendants”), and Bank of America, N.A., on February 21, 2020. Plaintiffs moved this Court for an order quashing four third-party Deposition Subpoenas for Production of Business Records served by Defendants.

  • Hearing

    Sep 22, 2020

MERCURY INSURANCE COMPANY VS JOSE RODRIGUEZ

TRIAL DATE IS SET FOR JANUARY 26, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. Moving party to give notice.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

MARISOL GARCIA ET AL VS WEBER DISTRIBUTION LLC ET AL

Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to itself, if it so chooses.Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.PLAINTIFF SHALL GIVE NOTICE TO ALL PARTIES OF RECORD.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

On July 29, 2020, Plaintiff filed a motion for an order deeming the truth of all specified matters in his request for admissions (set one) served on GSP on January 30, 2020. Plaintiff also moves for monetary sanctions against GSP in the amount of $1,200.00. Both motions are unopposed. The Court will GRANT each motion as it is unopposed. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

  • Hearing

    Sep 22, 2020

PNRW, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, VS TROON, INC, ET AL.

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT ROSS BERKE, etc., Plaintiff, vs. SLAVISH SHAMOEIL, etc., et al., Defendants. CASE NO.: 20STCV01862 [TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL Date: September 22, 2020 Time: 8:30 a.m. Dept. 56 FSC: April 13, 2021 Jury Trial: April 19, 2021 MOVING PARTY: Jason W. Lee, Esq. of LA LAW, INC. APC. (“Lee”) Lee seeks to be relieved as counsel for Defendant Jila Shamoeil (“Shamoeil”).

  • Hearing

    Sep 22, 2020

MERCURY INSURANCE COMPANY VS VIRGINIA SUMUANO PEREZ, ET AL.

Plaintiff must allege the elements of an insurer’s cause of action for subrogation: “(a) the insured suffered a loss for which the defendant is liable, either as the wrongdoer whose act or omission caused the loss or because the defendant is legally responsible to the insured for the loss caused by the wrongdoer; (b) the claimed loss was one for which the insurer was not primarily liable; (c) the insurer has compensated the insured in whole or in part for the same loss for which the defendant is primarily liable

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

HAGOP OGANIAN VS ZABEL OGANIAN

The Court previously granted a motion to strike Plaintiffs’ claims for prejudgment interest and attorney’s fees. Now, Defendant demurs to the first amended complaint, arguing that Plaintiffs failed to file the complaint within six months from the time their government claim was rejected. Plaintiffs do not oppose the demurrer, which is sustained. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KAREN PELLE V. MALIKA BK SINGH

If Defendant does not appear at the hearing, the Court will entertain an appropriate motion for terminating sanctions from Plaintiff. Plaintiff’s motion will be denied without prejudice.

  • Hearing

    Sep 22, 2020

ANNA RIZHAVSKAYA VS AMERICAN HONDA MOTOR COMPANY, INC.

The Robinson case, however, was only based on affirmative misrepresentations on which the plaintiff relied and which exposed plaintiff to liability for personal damages independent of the economic loss. In this case, plaintiff alleges that based on concealment of facts on which the plaintiff relied, the safety of the plaintiff and the public at large were at risk for injury or accident because of the concealment. Also, Robinson was decided after a trial. This case is based only on the pleadings.

  • Hearing

    Sep 22, 2020

HAYK MELKUMYAN VS. ELMER A. DIAZ, ET AL

CASE NO: LC107326 [TENTATIVE] ORDER RE: MOTION FOR SUMMARY JUDGMENT Dept. T 8:30 a.m. 9/22/20 [TENTATIVE] ORDER: The Motion for Summary Judgment is GRANTED. Introduction Plaintiff Hayk Melkumyan (“Plaintiff”) moves for summary judgment (“MSJ”) on the Complaint and against Defendant Elmer Diaz (“Defendant”) only. There is no opposition filed and Plaintiff filed a notice of non-opposition.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DANIEL MCCULLOUGH VS CITY OF LOS ANGELES, A PUBLIC ENTITY, ET AL.

.: 18STCV09107 Hearing Date: September 22, 2020 [Tentative] order RE: MOTION TO CONTEST APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT NOTICE Judge Goorvitch was sworn-in as a Superior Court Judge on December 15, 2015. Prior to that time, Judge Goorvitch made the following campaign contributions to Michael N. Feuer: (1) $100 to Mr. Feuer’s 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr.

  • Hearing

    Sep 22, 2020

THEODORA PARNAVELAS, ET AL. VS KIA MOTORS AMERICA, INC

., et. al. (20STCV15522) Counsel for Plaintiffs/opposing parties: Tionna Dolin; Matthew Pardo (Strategic Legal Practices, APC) Counsel for Defendant/moving party: Michael Hurvitz, Monica Hernandez (Bowman & Brooke, LLP) MOTION FOR MANDATORY VENUE TRANSFER AND REQUEST FOR SANCTIONS (filed 6/12/2020) The motion is granted, and this action is transferred to Orange County Superior Court.

  • Hearing

    Sep 22, 2020

MICHAEL MOLAYEM VS UBER TECHNOLOGIES, INC., ET AL.

Now, Defendants move for an order quashing service of the summons and complaint in this action, arguing that they lack sufficient minimum contacts with the State of California. The motion is granted. LEGAL STANDARD Under the Due Process Clause of the Fourteenth Amendment to the United States Constitution, state courts may exercise personal jurisdiction over nonresidents who have “minimum contacts” with the forum state.

  • Hearing

    Sep 22, 2020

FRANCISCO VALDEZ VS COUNTY OF LOS ANGELES, ET AL.

AT THE DIRECTION OF DEPARTMENT 1: This case is hereby transferred and reassigned to the following Independent Calendar Court in THE CENTRAL DISTRICT, JUDGE JOHN DOYLE presiding in DEPT. 58 of the Stanley Mosk Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to that Independent Calendar Court.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

TAULER SMITH LLP VS JOSEPH VALERIO, ET AL.

Valerio, et al.MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES AND FORM INTERROGATORIES; REQUEST FOR SANCTIONS (CCP §§ 2033.290, 2030.300, 2031.310) TENTATIVE RULING: Plaintiff Tauler Smith LLP’s Motion to Compel Further Responses to Requests for Admission, Requests for Production, Special Interrogatories and Form Interrogatories; Request for Sanctions is DENIED.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION VS MICHAEL JAMES PORTEOUS

AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE DEFENDANT IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION ATTACHING A COPY OF THE PROPOSED RESPONSE TO THE COMPLAINT. FAILURE TO DO SO MAY RESULT IN THE MOTION TO VACATE BEING DENIED OR PLACED OFF CALENDAR. Motion to Quash Service of the Summons and Complaint When a motion to quash is brought concurrently with a motion to vacate default, the court must rule on the motion to vacate first. (Steven M.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

ALFREDO GARCIA VS PERLIN PROPERTIES

On August 11, 2020, Plaintiff filed a motion for the Court to amend its November 3, 2011 judgment to correct the name of the judgment debtor as it appears thereon. Plaintiff contends that since the judgment was entered on November 3, 2011, Plaintiff has learned that Feng’s correct legal name is Suo Jie Feng. Plaintiff requests that the Court amend its November 3, 2011 judgment to correct the name of Feng to Suo Jie Feng. Plaintiff’s motion is unopposed.

  • Hearing

    Sep 22, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

DAWN GIBBS VS RECREATION VEHICLE INDUSTRY ASSOCIATION ET AL

The motion is granted

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARTIN X PICADO VS GNANA DESIGAN, ET AL.

Cotton, Judge presiding in Department A for further assignment. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court. Hearing on the above motion and any pending motions or hearings, including trial or status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar Court.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

NATIONWIDE AGRIBUSINESS INSURANCE CO. V. GONZALES

Plaintiff further argues that Defendants were aware the insureds would likely make a claim for uninsured losses once contacted for deposition, the depositions took a long time to schedule, and that the statute of limitations is not an issue for these claims. Plaintiff finally argues that the new causes of action would not entail any significant new discovery, the presentation of different or additional facts at trial, or otherwise prejudice Defendants.

  • Hearing

    Sep 22, 2020

THOMAS NORIEGA V. DAVID SPURR

Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 14:138.20.) Here, the class was not certified prior to the settlement. The settlement agreement and proposed notice to class members must be filed with the motion, and the proposed order must be lodged with the motion. (Cal. Rules of Court, rule 3:769(c); Weil and Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 14:138.21.)

  • Hearing

    Sep 22, 2020

ALEX MORENO VS ALEJANDRO RIVERRA, ET AL.

For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

REBECCA CASTILLO VS TASTEA HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

On September 16, 2019, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq. On November 6, 2019, Defendant’s default was entered. A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for September 22, 2020. Discussion Plaintiffs’ Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Sep 22, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

GABRIEL GARCIA VS DOLLAR TREE STORES INC

Terminating sanctions are imposed at this time for two reasons. First, Defendant cannot meaningfully prepare for trial without Plaintiff’s deposition, and therefore an issue or evidentiary sanction would be tantamount to a terminating sanction. Second, Plaintiff has not opposed this motion and appears to have abandoned the case. Defendant does not seek imposition of monetary sanctions in connection with the motion, and none are imposed. Plaintiff’s case against Moving Defendant is dismissed.

  • Hearing

    Sep 22, 2020

MONICA GONZALEZ, ET AL. VS PROVIDENCE HEALTH & SERVICES FOUNDATIONS/SAN FERNANDO AND SANTA CLARITA VALLEYS SERVICE AREAS, ET AL.

F49of the Chatsworth Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to that Independent Calendar Court.Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.Plaintiff shall give notice.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

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