Recent Rulings by Hon. Robert Leslie Hess

• ESMAEIL GHASEMI VS HAMID ABED ET AL

  Aug 13, 2018 |  Los Angeles County

  Motion to Strike Punitive Damages Prayer from the First Amended Complaint by Defendants Hamid Abed and Naynaved Abed is continued to August 24, 2018. The parties have failed to meet and confer.

  Before filing a demurrer or a motion to strike, the demurrer or moving party is required to meet...

• STEPHEN WINICK VS NOBLE LA EVENTS INC

  Aug 10, 2018 |  Los Angeles County

  Defendant Dick Clark Productions’ Motion for Summary Adjudication as to the second, fifth, sixth and seventh causes of action is moot. The Court sustained Defendant’s demurrer to these causes of action without leave to amend on December 15, 2015.

  Defendant’s Motion for Summary Judgment or ...

• BANK OF AMERICA N A VS MICRO/SYS INC ET AL

  Aug 10, 2018 |  Los Angeles County

  Demurrer by Plaintiff Bank of America, N.A. and Summitbridge National Investments III, LLC to the First Amended Cross-Complaint of Defendants Micro/Sys, Inc., and Susan Wooley, filed on March 23, 2018, is SUSTAINED without leave to amend.

  All of the causes of action in the first amended cr...

• RONALDO VELASCO ET AL VS TRI-STAR DYEING & FINISHING INC ET

  Aug 10, 2018 |  Los Angeles County

  Plaintiffs’ Motion to Compel the Deposition of Manuel Alvarez is GRANTED. The Court will hear argument with respect to Plaintiffs’ request for sanctions.

  Plaintiffs move under Code of Civil Procedure section 2025.450 to compel Defendant Tri-Star Dyeing & Finishing, Inc. to produce employee...

• LEEDS MATTRESS STORES INC ET AL VS HANMI BANK

  Aug 09, 2018 |  Los Angeles County

  Defendant’s Demurrer to the Second Amended Complaint is SUSTAINED on all grounds.

  Background:

  On November 30,2 017, Plaintiffs Leeds Mattress Stores, Inc. (“Leeds Mattress”) and Neil Leeds (“Leeds”) commenced this action against Defendant Hanmi Bank (“Hanmi”) alleging two causes of...

• PERRY DON FISHER VS BURT CHANNING

  Aug 08, 2018 |  Los Angeles County

  No tentative is issued at this time. The Court has read and considered all pleadings filed in the instant case. Counsel may submit on their pleadings or appear for argument at the hearing on the motion and the Court will issue a written ruling.
  

  ...

• MATT ELMORE VS SAMSUNG SDI ET AL

  Aug 07, 2018 |  Los Angeles County

  The Motion to Quash Service of Summons and Complaint by Specially Appearing Defendant The Artisan Vapor Company, LLC is GRANTED.

  Analysis

  A nonresident defendant may file a motion to quash to challenge the service of a summons and complaint on the grounds that the forum court lacks...

• ROVERT DALE STEWART VS ROBERT BOX

  Aug 07, 2018 |  Los Angeles County

  Defendant Box’s Motion to Quash Service of Summons and Complaint is TAKEN OFF CALENDAR for insufficient notice.

  Pursuant to CCP section 1013, service by mail must be made by mailing the notice or other paper to the person “at the office address as last given by that person on any document ...

• MICHAEL S SY VS DELFINA QUEZADA ET AL

  Aug 07, 2018 |  Los Angeles County

  The hearing on the request for default judgment is continued for 60 days.

  The Court considered the moving papers.

  Plaintiff’s default judgment package contains the following errors:

  Plaintiff did not previously dismiss Doe defendants nor does his default package include For...

• ODELL STAMPS VS MONTEBELLO CARE CENTER LLC ET AL

  Aug 06, 2018 |  Los Angeles County

  Defendants’ Demurrer to the Complaint is OVERRULED as to the first and second causes of action and SUSTAINED as to the fourth cause of action. Leave to amend will only be granted if Plaintiffs make an offer of proof showing how the complaint can be amended. The Motion to Strike is DENIED.

  ...

• DONALD VICTORIAN VS KENDRICK & MARY GUIDRY ET AL

  Aug 06, 2018 |  Los Angeles County

  Defendants’ Demurrer to the First Amended Complaint is SUSTAINED. Leave to amend will not be granted without an offer of proof showing how the complaint can be amended.

  Background:

  On September 27, 2016, Plaintiff Donald Victorian, in pro per, (“Victorian”), commenced this action a...

• STEPHEN WINICK VS NOBLE LA EVENTS INC

  Aug 03, 2018 |  Los Angeles County

  Defendant Applewhite’s Motion for Order Compelling Responses and Motion to Have Requests Deemed Admitted are GRANTED. Applewhite’s request for sanctions is GRANTED in the total amount of $3,475.00 for both motions.

  Background:

  This action arises out of an alleged incident that occu...

• STEPHEN WINICK VS NOBLE LA EVENTS INC

  Aug 03, 2018 |  Los Angeles County

  Defendant’s Applewhite’s Motion for Order Compelling Responses and Motion to Have Requests Deemed Admitted are GRANTED. Applewhite’s request for sanctions is GRANTED in the total amount of $3,475.00 for both motions.

  Background:

  This action arises out of an alleged incident that oc...

• ANNIE BRYANT ET AL VS WINDSOR GARDENS OF LONG BEACH SNF

  Aug 03, 2018 |  Los Angeles County

  Plaintiffs’ Motion to Compel Depositions is DENIED, with prejudice as to Lawrence Feign and DENIED, without prejudice as to Lee Samson.

  Background:

  On June 26, 2017, Annie Bryant (“Ms. Bryant”), in and through her successor-in-interest, Stevie Bryant, and Stevie Bryant (“Mr. Bryant...

• SKYLIGHT ADVISORS LLC VS PAYAM PEDRAM ET AL

  Aug 02, 2018 |  Los Angeles County

  Plaintiff’s Motion to an Order Establishing Admissions is GRANTED. Plaintiff’s request for sanctions is GRANTED in the amount of $5,560.00.

  Background:

  On February 15, 2018, Plaintiff Skylight Advisors LLC commenced this action against Defendants Payam Pedram and WantMyLook, Inc. T...

• SUMNER M REDSTONE VS MANUELA HERZER ET AL

  Aug 01, 2018 |  Los Angeles County

  Plaintiff/Cross-Defendant’s Motion to File Records Under Seal is GRANTED.

  Background:

  On October 25, 2016, Plaintiff Sumner M. Redstone filed this action against Manuela Herzer, his former long-time friend (and one-time girlfriend), and Sydney Holland, his former girlfriend. The co...

• ANA RUSTRIAN VS SUPER CENTER CONCEPTS INC ET AL

  Aug 01, 2018 |  Los Angeles County

  Defendant’s Demurrer fifth cause of action of the complaint is SUSTAINED with leave to amend.

  Facts:

  On April 25, 2018, Plaintiff Green Builders Associates, Inc. (“Plaintiff”) commenced this action against Defendants KNC Management, Inc. (“KNC”), JYS, Inc. (“JYS”), Shiny Stones, LL...

• IV SOLUTIONS INC VS HEALTH CARE SERVICE CORPORATION ET AL

  Aug 01, 2018 |  Los Angeles County

  Defendants’ Motion to Compel Depositions of Alex Vara and IV Solutions’ Person Most Knowledgeable is GRANTED. Defendants’ request for sanctions is DENIED.

  Background:

  On or about February 7, 2011, patient BM was referred to Plaintiff IV Solutions, Inc. (“Plaintiff”) by BM’s physici...

• JESUS HERNANDEZ ET AL VS ALLOY COMPANY INC ET AL

  Jul 31, 2018 |  Los Angeles County

  Defendants’ Demurrer to the eighteenth cause of action of the complaint is SUSTAINED. Leave to amend will only be granted if Plaintiffs can make an offer of proof at the hearing on how the complaint can be reasonably amended. The demurrer to the remaining causes of action is OVERRULED. The motion ...

• GABINO BECERRA GONZALEZ VS GENERAL MOTORS LLC

  Jul 31, 2018 |  Los Angeles County

  Defendant’s Demurrer to the Seventh Cause of Action of the Complaint is OVERRULED. The Motion to Strike Punitive Damages is DENIED.

  Background:

  On May 7, 2018, Plaintiff Gabino Becerra Gonzalez commenced this Lemon Law action against Defendant General Motors, LLC (“GM”). The compla...

• MIKE A SABULSKY VS L A COUNTY METROPOLITAN TRANSPORTATION AU

  Jul 31, 2018 |  Los Angeles County

  Defendant’s Motion to Deem Admitted and Request for Monetary Sanctions is GRANTED. Defendant is awarded sanctions in the amount of $860.00.

  Background:

  On April 5, 2016, Plaintiff Mike A. Sabulsky commenced this action in pro per against Defendant Los Angeles Metropolitan Transport...

• LISA TANNER VS MICHAEL TANNER ET AL

  Jul 27, 2018 |  Los Angeles County

  The Motion to Set Aside by Plaintiff/Cross-Defendant Lisa Tanner is GRANTED. Defendant Michael Tanner’s request for monetary sanctions in the amount of $5,325.00 for his reasonable attorney’s fees and costs is GRANTED. Plaintiff’s counsel, Kirk Edward Schenck, Esq., is ordered to pay Tanner’s atto...

• TERESA LEBRON ET AL VS AUGUST JOHNSON ET AL

  Jul 27, 2018 |  Los Angeles County

  Defendant’s Motion to Dismiss is GRANTED and the complaint is dismissed.

  Background:

  On June 4, 2018, Plaintiff commenced this action in pro per against Defendant Tabita G. Blea. The complaint alleges five causes of action for (1) breach of written contracts; (2) breach of oral con...

• OCTAVIO HERNANDEZ FRANCO VS KIA MOTORS AMERICA INC

  Jul 26, 2018 |  Los Angeles County

  The Motion for Order Appointing Irene Franco as Successor-In-Interest by Plaintiff is GRANTED

  A cause of action survives the death of a party to the action. CCP § 377.20. “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or...

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