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Beverley Walker Vs. Karen Bailey, Et Al

Case Last Refreshed: 3 weeks ago

Walker, Beverley, filed a(n) General Property - Property case represented by Myers, Robert E, against Bailey, Bill, Bailey, Karen, in the jurisdiction of Cherokee County, KS, . Cherokee County, KS Superior Courts District.

Case Details for Walker, Beverley v. Bailey, Bill , et al.

Filing Date

July 01, 2024

Category

Cv Other Real Property

Last Refreshed

July 04, 2024

Practice Area

Property

Filing Location

Cherokee County, KS

Matter Type

General Property

Filing Court House

District

Parties for Walker, Beverley v. Bailey, Bill , et al.

Plaintiffs

Walker, Beverley

Attorneys for Plaintiffs

Myers, Robert E

Defendants

Bailey, Bill

Bailey, Karen

Case Documents for Walker, Beverley v. Bailey, Bill , et al.

PLE: Petition

Date: July 01, 2024

Case Events for Walker, Beverley v. Bailey, Bill , et al.

Type Description
Docket Event PLE: Petition
See all events

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Ruling

FRANK BASILE VS PARVIZ TAHERPOUR, ET AL.
Jul 18, 2024 | 20STCV13012
Case Number: 20STCV13012 Hearing Date: July 18, 2024 Dept: 39 TENTATIVE RULING DEPARTMENT 39 HEARING DATE July 17, 2024 CASE NUMBER 20STCV13012 MOTION Motion to Reopen Discovery MOVING PARTY Plaintiff Guadalupe Encisco OPPOSING PARTY Defendant Avanti Hospitals, LLC MOTION Plaintiff Guadalupe Encisco (Plaintiff) moves to reopen discovery related to Plaintiffs recent surgeries. Defendant Avanti Hospitals, LLC (Defendant) opposes the motion. The court previously considered this matter and, in its order of June 25, 2024, continued it to July 17, 2024 for the parties to submit discovery plans in compliance with this courts March 1, 2024 order. ANALYSIS In determining whether to reopen discovery, the court must consider the necessity of and reasons for the additional discovery, the diligence or lack thereof by the party seeking to reopen discovery in attempting to complete discovery prior to the discovery cutoff date, whether permitting the discovery will prevent the case from going forward on the trial date or will otherwise prejudice any party, and any past continuances of the trial date. (See Code Civ. Proc., § 2024.050, subd. (b).) Plaintiff moves to reopen discovery as to surgeries Plaintiff underwent on January 8 and 11, 2024. (See March 17, 2024 Declaration of Raymond Ghermezian (in support of and attached to motion), Exhibit A.) This is a proper basis to reopen discovery. Plaintiff proposes to provide updated medical records to Defendant, to submit to a second session of deposition, and to respond to additional written discovery concerning Plaintiffs surgeries and updated medical issues. (Plaintiffs Proposed Discovery Plan.) Defendant agrees Plaintiffs proposed discovery is necessary but contends Defendant will also need to propound subpoenas for updated medical and pharmacy records, depose Plaintiffs surgeon regarding her surgical care, prognosis, and future care needs, and have Plaintiff sit for an updated orthopedic examination with Defendants expert. (Defendants Proposed Discovery Plan.) The court finds Defendants proposed discovery plan is reasonable and necessary for Defendant to fairly defend this action. However, the court notes Defendant did not include discovery in 2025 in its proposed deadlines, but rather jumped from November 30, 2024 to March 26, 2026. The court assumes this was a clerical error. The court, therefore, grants the motion, subject to Plaintiffs stipulation to submit to Defendants proposed discovery plan, with all proposed deadlines in 2026 corrected to reflect deadlines on the proposed dates in 2025. The court notes, pursuant to the courts order of December 5, 2023, the five-year date for this case is June 26, 2026. The court also conditions its grant of this motion on the parties stipulation to continue the trial date to a date prior to June 26, 2026. Plaintiff is to give notice of this order and file proof of service of same.

Ruling

THE PICO PLACE LLC VS FREDDIE LEWIS
Jul 16, 2024 | 24STCV01908
Case Number: 24STCV01908 Hearing Date: July 16, 2024 Dept: 71 Superior Court of California County of Los Angeles DEPARTMENT 71 TENTATIVE RULING THE PICO PLACE LLC , vs. FREDDIE LEWIS . Case No.: 24STCV01908 Hearing Date: July 16, 2024 Plaintiff The Pico Place LLCs unopposed motion for summary judgment is granted. Plaintiff The Pico Place LLC (Pico Place) (Plaintiff) moves unopposed for summary judgment against Defendant Freddie Lewis (Lewis) (Defendant). (Notice of Motion, pg. 2; C.C.P. §§437c, 1107.7.) Plaintiff moves on the grounds there is no material disputed facts rendering summary judgment appropriate regarding possession of the property commonly known as 6565 S Western Ave., #3, Los Angeles, CA 90047. (Notice of Motion, pg. 2.) Procedural Background On January 12, 2024, Plaintiff had Defendant served with a Three-Day Notice to Pay Rent or Quit for rent owed for the rental period of March 2023 through January 2024 in the amount of $40,100.00. ( Decl. of Saghian ¶ 6, Exhs. 2, 3.) On January 25, 2024, Plaintiff filed the operative Complaint against Defendant for unlawful detainer. On or about February 7, 2024, Defendant filed an Answer. On or about April 3, 2024, Defendant filed for Voluntary Chapter 13 Bankruptcy through the California Central Bankruptcy Court, Case No. 2:24-bk-12573-VZ. The case was automatically dismissed on April 25, 2024, for Defendants failure to file schedules, statements and/or plan. (5/31/24 Notice of Lodging.) On May 30, 2024, Plaintiff filed the instant motion for summary judgment. As of the date of this hearing Defendant has not filed an opposition. Summary of Allegations Plaintiff alleges it is the owner of 6565 S Western Ave., #3, Los Angeles, CA 90047, Los Angeles County (Premises). (Complaint ¶¶3-4.) Plaintiff alleges on or about February 1, 2023, Defendant agreed to rent the premises as a month-to-month tenancy and agreed to pay monthly rent of $4,000.00 on the first of the month. (Complaint ¶6a.) Plaintiff alleges this oral agreement was made with Plaintiff, and a copy of the written agreement is not attached to the Complaint because the written agreement is no tin the possession of the landlord or the landlords employees and agents, and because this action is solely for nonpayment of rent. (Complaint ¶¶6b, f.) Plaintiff alleges the tenancy is not subject to the Tenant Protection Act of 2019 because the tenancy is commercial in nature. (Complaint ¶7a.) Plaintiff alleges the tenancy was terminated for at-fault just cause, under §1946.2(b)(1). (Complaint ¶8a.) Plaintiff alleges Defendant and all unknown occupants were served a 3-day notice to pay rent or quit. (Complaint ¶¶9a(1), e, Exh. 2.) Plaintiff alleges the notice was served on Defendant by personally handing a copy to Defendant on January 12, 2024. (Complaint ¶¶10a(1).) Plaintiff alleges on January 18, 2024, the period stated in the notice expired at the end of the day and Defendant failed to comply with the requirements of the notice by that date. (Complaint ¶9b.) Plaintiff requests possession of the premises, costs incurred in this proceeding, including past-due rent of $40,100.00, reasonable attorney fees, forfeiture of the agreement, and damages at the rate of $133.33 per day for fair rental value of the premises from January 19, 2024, for each day Defendants remains in possession through entry of judgment. (Complaint ¶¶13, 19.) Legal Standard A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (C.C.P. §437c(c).) Unlawful Detainer (1st COA) To establish a claim for unlawful detainer, a plaintiff must prove the following elements: (1) plaintiff owns/leases the property; (2) plaintiff rented/subleased the property to defendant; (3) under the lease/rental agreement/sublease, defendant was required to pay rent in a specified amount per period; (4) plaintiff properly gave defendant three days written notice to pay the rent or vacate the property; (5) as of the date of the three-day notice, at least the amount stated in the three-day notice was due; (6) defendant did not pay the amount stated in the notice within three days after service/receipt of the notice; and (7) defendant is still occupying the property. ( See C.C.P. §1161; CACI 4302.) Plaintiff submitted undisputed evidence that it owns the Premises leased to Defendant. ( Decl. of Saghian ¶ 4, Exh. 1.) Plaintiff submitted undisputed evidence that it entered into an oral lease agreement for the Premises with Defendant on February 1, 2023, for the amount of $4,000.00 to be paid on the first day of each calendar month. (Decl. of Saghian ¶5.) Plaintiff submitted undisputed evidence that the three-day notice of pay rent or quit was personally served to Defendant. ( Decl. of Saghian ¶ 6, Exhs. 2, 3.) Plaintiff submitted undisputed evidence that after the three-day notice of pay rent or quit, Defendant failed to pay or quit possession of the Premises, and Plaintiff has not received any rent from Defendant since March 2023 and Defendant is still in possession of the Premises. (Decl. of Saghian ¶8.) Plaintiff met its burden to demonstrate there is no triable issue of material fact and it is entitled to judgment as a matter of law. Ordinarily, Plaintiff would shift the burden to Defendant to raise a triable issue of material fact. 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Ruling

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Ruling

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Case Number: 21STCV39199 Hearing Date: July 22, 2024 Dept: 20 Tentative Ruling Judge Kevin C. Brazile Department 20 Hearing Date: July 22, 2024 Case Name: Nolasco, et al. v. Farnad, et al. Case No.: 21STCV39199 Matter: Motions to be Relieved as Counsel (2x) Moving Party: Jeffrey A. Asidi, counsel for Plaintiffs Juan Manuel Quiroz Canchola and Marco Solis Responding Party: Unopposed Notice: OK Ruling: The Motions are granted. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. Jeffrey A. Asidi seeks to be relieved as counsel for Plaintiffs Juan Manuel Quiroz Canchola and Marco Solis. The Motions are granted because they meet all requirements of Cal. Rules of Court, Rule 3.1362. Moving party to give notice. Attorney is relieved as counsel of record for client effective upon the filing of the proof of service for the Court order (form MC-053) upon the client. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.

Ruling

Tinsley VS Glaude
Jul 18, 2024 | Civil Unlimited (Other Real Property (not emin...) | RG17874853
RG17874853: Tinsley VS Glaude 07/18/2024 Hearing on Motion for Summary Judgment - Deutsche Bank in Department 25 Tentative Ruling - 07/17/2024 Jenna Whitman The hearing on the motion for summary judgment scheduled for 07/18/2024 is continued to 09/05/2024 at 10:00 AM in Department 25 at Rene C. Davidson Courthouse.

Ruling

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Ruling

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Jul 16, 2024 | 24SMCV02485
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Ruling

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