Recent Rulings by Hon. Mark C. Kim

• GUSTAVO GONZALES VS MCDONALD?S CORPORATION, ET AL.

  Jan 21, 2021 |  Los Angeles County

  Parties’ Positions

  Defendant Ruby Brothers Too seeks leave to file a cross-complaint against Co-Defendants, Top Watch Security and Hashim Al-Balad Muhammad for indemnification and related claims. Plaintiff opposes the motion, arguing (a) the motion is not timely, (b) the proposed cross-complaint fa...

• JERON GREEN, SR, ET AL. VS AD ASTRA INVESTMENTS, LLC

  Jan 21, 2021 |  Los Angeles County

  On 10/23/20, Defendant Ad Astra Investments, LLC filed a motion to deem RFAs admitted. Defendant established it propounded RFAs on Plaintiff on 4/21/20, and Plaintiff failed to respond. The matter was set for hearing on 12/02/20. However, on 12/02/20, Plaintiff appeared, indicated he had retained an attorn...

• MARY BROWN, ET AL. VS PACIFIC PALMS HEALTHCARE, LLC, ET AL.

  Jan 21, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Mary Brown, by and through her GAL, Darryl Brown, filed this action against Defendants, Pacific Palms Healthcare, LLC and Unified Care Services, LLC for elder abuse and violation of patients bill of rights. Plaintiff filed the action on 6/10/20. Plaintiff filed proof of ...

• HTD PINE PRODUCTS, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS DZUNG D. NGUYEN, ET AL.

  Jan 21, 2021 |  Los Angeles County

  Allegations of the Complaint

  Plaintiff, HTD Pine Products, LLC filed this action against Defendants, Dzung D. Nguyen and Nguyet T. Vuong for breach of fiduciary duty, breach of fiduciary duty, conversion, money had and received, and negligence. Plaintiff alleges it works with another entity, Vida G...

• GUNDRY PARTNERS, L.P. VS MAVERICK DECATUR GEORGIA, LLC

  Jan 21, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Gundry Partners, L.P. initiated this action against Defendant, Maverick Decatur Georgia, LLC (“Maverick”) for breach of contract and foreclosure of a mechanic’s lien. Maverick hired Gundry as its general contractor for a project called “Olympix Fitness.” After Gundry fil...

• ELIJAH EDWARDS VS LONG BEACH MEMORIAL MEDICAL CENTER ET AL

  Jan 21, 2021 |  Los Angeles County

  PETITION TO APPROVE COMPROMISE OF MINOR Moving Party: Petitioner, Nigel Edwards Opposing Party: N/A Notice: OK DEMURRER Moving Party: Defendant, Long Beach Memorial Medical Center Moving Party: Defendant, City of Long Beach Opposing Party: Plaintiff, Elijah Edwards Notice: OK Background FactsPlaintiff, Eli...

• ALFONSO AVINA VS MCDONALD?S CORPORATION, ET AL.

  Jan 21, 2021 |  Los Angeles County

  Parties’ Positions

  Defendant Ruby Brothers Too seeks leave to file a cross-complaint against Co-Defendants, Top Watch Security and Hashim Al-Balad Muhammad for indemnification and related claims. Plaintiff opposes the motion, arguing (a) the motion is not timely, (b) the proposed cross-complaint fa...

• RESS FINANCIAL CORPORATION VS MINEVRA DAGNE SMITH-EDMONSON, ET AL.

  Jan 14, 2021 |  Los Angeles County

  Deepa Talwar, Counsel for Defendant, Minevra Dagne Smith-Edmonson, seeks to be relieved from her duties as Smith-Edmonson’s attorney of record, contending there has been a breakdown in the attorney-client relationship such that further representation is not possible. Plaintiff opposes the motion. The Court...

• REYNA ANGELITA AMEZCUA VS MCDONALD'S CORPORATION ET AL

  Jan 14, 2021 |  Los Angeles County

  Background and Procedural History

  Plaintiff, Reyna Angelita Amezcua filed this action against Defendants, McDonald’s Corporation, McDonald’s Store #640, MCRU Incorporated, Top Watch Security, and Hashem Mohammad for damages arising out of an assault and battery that took place at a McDonald’s resta...

• TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA VS XL INSURANCE AMERICA, INC.

  Jan 14, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Travelers Property Casualty Company of America (“Travelers”) filed this action against Defendant, XL Insurance America, Inc. (“XL”) for equitable contribution and declaratory relief. The case arises out of a dispute between the two companies concerning which company must...

• REYNA ANGELITA AMEZCUA VS MCDONALD'S CORPORATION ET AL

  Jan 14, 2021 |  Los Angeles County

  Background and Procedural History

  Plaintiff, Reyna Angelita Amezcua filed this action against Defendants, McDonald’s Corporation, McDonald’s Store #640, MCRU Incorporated, Top Watch Security, and Hashem Mohammad for damages arising out of an assault and battery that took place at a McDonald’s resta...

• VIRGINIA ANDRIE, ET AL. VS LITTLE SISTERS OF THE POOR OF LOS ANGELES, ET AL.

  Jan 14, 2021 |  Los Angeles County

  Background Facts

  Plaintiffs, Virginia Andrie, by and through her Successor In Interest, Gina Andrie, as well as Gina and Normal Andrie, individually, filed this action against Defendants, Little Sisters of the Poor of Los Angeles, Peter Sliskovich, M.D., Providence Trinitycare Hospice, and Sue Soo-...

• JAMES O ARMOR ET AL VS ANDREW ARCHULETA ET AL

  Jan 14, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, James O. Armor filed this action against Defendants, Andrew Archuleta, Spencer Dean Woodgeard, Archuleta Construction, LLC, Benjamin Farcas, Wesco Insurance Company, Business Alliance Insurance Company, and Western National Mutual Insurance Company for damages arising ou...

• KARLA , INDIVIDUALLY & AS GUARDIAN AD LITEM OF OSCAR JOVANI MIRANDA AND VALERIA A. MIRANDA MIRANDA VS 7 STAR LOGISTICS, INC

  Jan 12, 2021 |  Los Angeles County

  SUPERIOR COURT OF THE STATE OF CALIFORNIA

  FOR THE COUNTY OF LOS ANGELES - SOUTH DISTRICT

  KARLA MIRANDA, ET AL., Plaintiff(s), vs. 7 STAR LOGISTICS, INC., ET AL., Defendant(s).

  CASE NO: 19STCV02649 R/T 20STCV36571

  [TENTATIVE] ORDER GRANTING MOTION TO CONSOLIDATE

  Dept....

• INGRI DURAN VS ATLANTIC MEMORIAL HEALTHCARE ASSOCIATS INC ET

  Jan 12, 2021 |  Los Angeles County

  SUPERIOR COURT OF THE STATE OF CALIFORNIA

  FOR THE COUNTY OF LOS ANGELES - SOUTH DISTRICT

  INGRI DURAN, Plaintiff(s), vs. ATLANTIC MEMORIAL HEALTHCARE ASSOCIATES, INC., ET AL., Defendant(s).

  CASE NO: NC060366

  [TENTATIVE] ORDER

  Dept. S27

  8:30 a.m.

  Januar...

• LAWERENCE EBER VS VETERANS CARE COORDINATION, LLC., A MISSOURI LIMITED LIABILITY COMPANY, ET AL.

  Jan 12, 2021 |  Los Angeles County

  Plaintiff, Lawrence Eber filed this action against Defendants, Veterans Care Coordination, LLC, et al. for damages arising out of an alleged scheme to fraudulently poach his pension. The Court heard two prior MTCFs on 7/14/20. The parties now have MTCFs scheduled on 1/12/21, 2/02/21, 2/04/21, and 6/17/21.<...

• HIDEAWAY FARMS, INC., A CALIFORNIA CORPORATION VS DAVID VARLEY

  Jan 12, 2021 |  Los Angeles County

  SUPERIOR COURT OF THE STATE OF CALIFORNIA

  FOR THE COUNTY OF LOS ANGELES - SOUTH DISTRICT

  HIDEAWAY FARMS, INC., Plaintiff(s), vs. DAVID VARLEY, ET AL., Defendant(s).

  CASE NO: 19LBCV00375

  [TENTATIVE] ORDER GRANTING APPLICATION FOR RIGHT TO ATTACH ORDER

  Dept. S27

  <...

• ERIC J ST. MARTIN VS CITY OF LONG BEACH, ET AL.

  Jan 07, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Eric J. St. Martin filed this action against Defendants, City of Long Beach (“City”) and Chudacoff, Friedman, Simon, Graff & Cherin LLP (“the firm”) on 4/02/20. He filed his operative FAC on 4/03/20. His FAC includes causes of action for violation of the Jones Act, unsea...

• ISLAND ENTERRPRISES INC ET AL VS CITY OF AVALON ET AL

  Jan 07, 2021 |  Los Angeles County

  Background Facts

  Plaintiffs, Catalina Adventure Tours, Inc., Catalina Glassbottom Boat, Inc., Island Navigation Company, Inc., and Wayne Stickler (referred to collectively as “Island Enterprises” unless context requires reference to a particular plaintiff) filed this action against Defendants, City...

• CLINTON ANDREW AR VS EDWARD RINER, ET AL.

  Jan 06, 2021 |  Los Angeles County

  MOTION TO VACATE ORDER DEEMING RFAS ADMITTED

  Background Facts and History of Litigation

  Plaintiff, Clinton Andrew Ar, as attorney in fact for Susan Ann Ar, filed this action against Defendants, Edward and Charlene Riner on 12/14/18. The complaint seeks cancellation of deed and to quiet titl...

• GARY SASSER VS LOS ANGELES COUNTY DISTRICT ATTORNEY

  Jan 05, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Gary Sasser filed this action against Defendant, Los Angeles County District Attorney, on 7/20/20. Plaintiff is self-represented, and filed a judicial council form complaint including causes of action for breach of contract, fraud, and due process violations. The crux of...

• STEVEN MURDOCK VS BLUE SHIELD OF CALIFORNIA

  Jan 05, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Steven Murdock filed this action against Defendant, California Physicians’ Service d/b/a Blue Shield of California (“Blue Shield”) for breach of contract, breach of the implied covenant of good faith and fair dealing, IIED, and NIED. Plaintiff’s operative complaint is hi...

• SOMPO JAPAN NIPPONKOA INSURANCE INC. VS PASHA STEVEDORING AND TERMINALS INC.

  Jan 05, 2021 |  Los Angeles County

  Background Facts

  Plaintiff, Sompo Japan Insurance, Inc. f/k/a/ Sompo Japan Nipponkoa Insurance, Inc. (“Sompo”) filed this action against Defendant, Pasha Stevedoring & Terminals, L.P., erroneously sued as Pasha Stevedoring and Terminals Inc. (“Pasha”) for damage to cargo, negligence, and breach of ...

• DAVID KIM VS NAOS YACHTS INC ET AL

  Jan 05, 2021 |  Los Angeles County

  Plaintiff’s attorney of record, Dina Adham, seeks to be relieved as counsel, contending trust and confidence with Plaintiff have deteriorated. Counsel filed proof of service of the moving papers on Plaintiff, by personal service. Counsel failed, however, to file proof of service of the moving papers on all...

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