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2019.9.26 Motion to Vacate Default, Judgment, to Quash Service 496
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.26
Excerpt: ... agreed to an open-ended extension of the time to respond while the parties negotiated, but when negotiations stalled, sought Defendant's default. OPPOSITION: Plaintiff filed a doe amendment to change the name of Fox River Services, Inc. to Fox River Services, LLC, a.k.a. Fox River Accounting Services, LLC. Fox River Services, Inc. does not exist and Fox River Services, LLC, a.k.a. Fox River Accounting Services, LLC was properly served and has no...
2019.9.26 Motion for Attorney's Fees 170
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.26
Excerpt: ...3, 2003, Plaintiff / Judgment Creditor Ford Motor Credit Company (“Judgment Creditor”) filed the instant collections action against Defendant / Judgment Debtor Mark J. Avila (“Judgment Debtor”). On September 22, 2003, the Court entered default judgment against Judgment Debtor. The judgment was renewed on July 8, 2013. On October 17, 2018, the Court denied Judgment Debtor's Motion to Vacate Default and Default Judgment. Judgment Creditor f...
2019.9.25 Petition to Confirm Arbitration 153
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.25
Excerpt: ...r”) and against Respondent Briarwood Builder, Inc. (“Respondent”) in the sum of $18,001.50. Petitioner then brought the instant Petition to Confirm the Arbitration Award (the “Petition”) on April 10, 2019. II. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267,...
2019.9.25 Motion to Vacate Default, Judgment 083
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.25
Excerpt: ...��) and Miriam Lazarovits dba Sol's Plumbing & Rooter (“Ms. Lazarovits”) (collectively, “Defendants”). Because Defendants failed to answer the Complaint, default was entered against them on April 30, 2019. Admitting their mistake for not answering the Complaint, Defendants brought separate Motions to Vacate Default and Default Judgment (collectively, the “Motions”) under the discretion provision of CCP § 473(b) on June 17, 2019. Whil...
2019.9.23 Motion for Reclassification 050
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.23
Excerpt: ...2019 trial date. On September 4, 2019, Plaintiff filed the instant Motion to Reclassify (“the Motion”). Defendant filed his opposition on September 10, 2019. Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) If the motion is made after the time for the plaintiff to amend th...
2019.9.23 Demurrer, Motion to Strike 236
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.23
Excerpt: ...”) filed the instant action against Defendants Alisa Moffett and Domani Designs, Inc. dba Alisa Moffett Interiors (“Defendants”) on April 30, 2019. The Complaint alleges causes of action for 1) fraud; 2) breach of contract; 3) unjust enrichment; 4) money had and received' and 5) violation of Penal Code section 496. Defendants filed the instant Demurrer and Motion to Strike on August 26, 2019, which are accompanied by the required meet and c...
2019.9.23 Motion to Set Aside Dismissal 559
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.23
Excerpt: ...ant Nellie Hernandez Berumen (“Defendant”) on July 12, 2017. Following Plaintiffs' failure to appear at trial on January 14, 2019, the Court dismissed the action without prejudice. Plaintiff filed the first Motion to Set Aside the Dismissal on March 7, 2019 but failed to appear at the hearing on May 8, 2019. The hearing was placed off calendar. Plaintiff filed a second Motion to Set Aside Dismissal that was granted on June 19, 2019. The Court...
2019.9.23 Motion for Summary Judgment 141
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.23
Excerpt: ...LLC (“Defendants”). Plaintiff filed the instant Motion for Summary Judgment on July 3, 2019. Defendants filed their opposition on September 9, 2019. I. Legal Standard A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Vesely v. Sager (1971) 5 Cal.3d 153.) The moving party must make an affirmative showing that he/she ...
2019.9.19 Motion to Reclassify 846
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.19
Excerpt: ...o Salamanca (“Plaintiff”) filed the instant action against Defendants Daisy Padilla and Maria Padilla for motor vehicle negligence on November 2, 2015. Plaintiff filed a First Amended Complaint on April 12, 2017, which alleges damages in excess of $25,000.00. Plaintiff's first Motion to Reclassify was denied on May 24, 2018. Plaintiff now brings this renewed Motion to Reclassify. To date, no opposition has been filed. Legal Standard CCP secti...
2019.9.17 Motion for Reconsideration 514
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.17
Excerpt: ... on Defendant through publication, and such service was accordingly made. (6/20/18 Proof of Service of Summons.) A default was entered against Defendant August 21, 2018, and a default judgment was entered on September 25, 2018. Defendant promptly filed a motion to vacate default and default judgment on October 30, 2018. At the initial hearing on the motion to vacate on December 5, 2018, the Court continued it to allow Defendant an opportunity to ...
2019.9.17 Petition to Confirm and Correct Arbitration 918
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.17
Excerpt: ...m, Inc. (collectively, “Petitioners”) and against Respondents Silva Moradi, Nobility Health, <002f002f00260003000b00 00590048004f005c000f> “Respondents”) in the sum of $17,090. Petitioners then brought the instant Petition to Confirm and Correct Arbitration Award (the “Petition”) on May 14, 2019. II. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment o...
2019.9.12 Motion for Reclassification 618
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.12
Excerpt: ...llateral estoppel. REPLY: The opposition is confusing and ultimately fails to show that there is no possibility of a judgment exceeding $25,000.00. ANALYSIS: <0051005700030024004f00 00480055000300470045>a Alyssa Pizer Management, LLC (“Cross-Defendant”) filed the instant action for breach of contract against Defendant / Cross-Complainant Marley Kate Rizzuti (“Cross-Complainant”). On December 11, 2018, Cross- Complainant filed a Cross-Comp...
2019.9.12 Motion for Leave to Amend Complaint and to Reclassify Action 624
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.12
Excerpt: ...nd negligence, and reclassify action as unlimited based on damages in excess of $25,000.00. OPPOSITION: Defendant unreasonably delayed in moving to amend its Cross-Complaint such that Plaintiff will be prejudiced if amendment is allowed. Furthermore, the proposed First Amended Cross-Complaint does not allege sufficient facts to state the new causes of action. These motions are brought in bad faith and must be denied. REPLY: There is no substantia...
2019.9.12 Motion for Leave to Amend Complaint and Reclassify Action 848
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.12
Excerpt: ...t had paid its insureds damages beyond the $21,569.91 originally pled in the Complaint. Therefore, the Complaint must be amended in the interests of justice and the action transferred to a court of unlimited jurisdiction. OPPOSITION: None filed as of September 6, 2019. ANALYSIS: On May 9, 2017, Plaintiff Trumbull Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Angelica Gema Garcia and Ang...
2019.9.12 Demurrer, Motion to Strike 722
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.12
Excerpt: ...MEND AS TO THE ALLEGATIONS AND REQUEST FOR PUNITIVE DAMAGES. SUMMARY OF COMPLAINT: Action for breach of contract, common counts, and defamation. REQUEST FOR RELIEF: Sustain demurrer to Complaint for failure to allege facts sufficient to state a cause of action and uncertainty. Strike request for punitive damages as unsupported by the facts alleged. ANALYSIS: Plaintiff Enrich Financial, Inc. (“Plaintiff”) filed the instant action for breach of...
2019.9.12 Demurrer 936
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.12
Excerpt: ... not allege facts showing compliance with the government claims process. OPPOSITION: Plaintiff's government claim substantially complies with the law and there is no prejudice from any non-compliance. REPLY: None filed as of September 6, 2019. ANALYSIS: Plaintiff Miguel Angel Torres (“Plaintiff”) filed the instant action for assault and battery, false imprisonment and related claims against Defendants California Department of Motor Vehicles a...
2019.9.11 Motion to Quash Service of Summons and Complaint 537
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.11
Excerpt: ...rvice shows that a registered process server personally served Defendant with the Summons and Complaint on April 13, 2019 at 3027 <00440059004c0047000300 00470047005500480056[s”). (4/23/19 Proof of Service of Process.) Defendant claims that he was not personally served with the Summons and Complaint and brought the instant Motion to Quash Service of Summons and Complaint (the “Motion”) on June 20. Plaintiff filed an Opposition on July 13. D...
2019.9.10 Motion for Attorneys' Fees 476
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.10
Excerpt: ... time billed was not necessary to the defense of this action. REPLY: The indemnity provision must be interpreted to provide for attorneys' fees to the prevailing party. Plaintiff's strong-arm tactics required a significant effort on defense by Defendant. ANALYSIS: Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the instant action for breach of contract and quantum meruit against Defendant Maria Asuncion Longa on August 3,...
2019.9.10 Application for Determination of Good Faith Settlement 119
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.10
Excerpt: ...(the “Trust”) on May 18, 2018, seeking damages for her trip and fall on a sidewalk. Cross- Complainants McClure and the Trust, owners of the real property abutting the sidewalk, then filed the operative Second Amended Cross-Complaint against Cross-Defendant City on August 15, 2018 for indemnity and contribution. On April 11, 2019, McClure and the Trust filed an Application for Determination of Good Faith Settlement (the “Application”) bet...
2019.9.4 Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attorney's Fees 796
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.4
Excerpt: ...efendants American International Alliance, Inc. dba Star Construction 1 (“Star Construction”), Sardor Umrdibov (“Umrdibov”), Stephanie O'Neal (“O'Neal”), and Kyle Kaplan (“Kaplan”). Plaintiff then filed two Amendments to the Complaint naming Doe 21 and 22 as Brian Weitman and Amy Weitman (collectively, the “Weitmans”), respectively. This action arose from a dispute over Bond No. 04WB082074 (the “Bond”) in the penal sum of ...
2019.9.4 Motion to Compel Compliance with Settlement Agreement, to Quash Subpoena for Medical Records 953
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.4
Excerpt: ...��) filed the operative First Amended Complaint (“FAC”) on May 17, 2019 against Defendants Katayoon Shafagh, D.D.S. dba Studio City Orthodontist (“Dr. Shafagh”) (erroneously sued separately as “Katayoon Shafagh dba Kathy Shafagh” and “Studio City Orthodontist”) and Joshua Candelaria (collectively, “Defendants”). The purpose of Plaintiff's action is to recover $5,000 that she paid Defendants for an orthodontic treatment involvi...
2019.9.4 Motion for Summary Judgment 236
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.9.4
Excerpt: ...led the operative Second Amended Complaint (“SAC”) for (1) retaliation under Civ. Code § 1942.5(a) when he complained to Defendant about a faulty oven; (2) breach of implied warranty of habitability because Defendant failed to fix his oven for over a year; (3) breach of covenant of quiet enjoyment; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. On January 4, 2017, Judge Klein reclassifie...
2019.8.28 Motion to Vacate Default 911
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.8.28
Excerpt: ... right to Plaintiff Andrew Kalman. Based on that assignment of right, Plaintiff brought this action on June 28, 2018 based on CES's contract with Defendant Veronica F. Haro. CES allegedly performed all its contractual obligations, but Defendant failed to pay for the work. Asserting that Defendant breached of their contract, CES recorded a mechanics' lien on Defendant's real property. Plaintiff then brought this action seeking a foreclosure of the...
2019.8.28 Motion to Vacate Default 470
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.8.28
Excerpt: ... the Complaint, default was entered against them on June 3, 2019. Realizing that their mistake caused the entry of default, Defendants filed the instant Motion to Vacate Default (“Motion”) on July 11, 2019 under the discretionary provision of CCP § 473(b). II. Legal Standard “Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Defendants seek reli...
2019.8.28 Demurrer 952
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2019.8.28
Excerpt: ... with “preconstruction services, solutions to design issues, and alternative cost saving ideas.” (Id. ¶ 13.) On May 26, 2017, Defendant furnished Plaintiff with a letter of intent to award electrical contracting services, but thereafter, without making such award, continued to request additional information from Plaintiff about the electrical services and made oral promises to eventually award the electrical contracting services to Plaintiff...

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