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2024.05.30 Petitions to Confirm Arbitration Award, to Correct Award 124
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.30
Excerpt: ...AUSE. ANALYSIS: On January 12, 2024, Petitioner Shawn Liu (“Petitioner”) filed the instant Petition to Correct Arbitration Award against Respondent Lach Tach (“Respondent”). Respondent filed a response in the form of a Petition to Correct and Confirm Arbitration Award, an d Cross-Complaint on May 9, 2024. Discussion Before the Court can reach the merits of the Petitions, several procedural matters must be addressed. First, the Petition to...
2024.05.30 Motion for Discharge of Stakeholder and Attorney Fees 837
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.30
Excerpt: ...NG TO LAW IS SET FOR JANUARY 28, 2025 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On August 1, 2023, Plaintiff Ticor Title Company of California (“Plaintiff”) initiated this interpleader action against Defendants Willowbrook Restaurant, LLC and Xen Restaurant, LLC (“Defendants”). Following their failure to file responsive pleadings, def ault was entered against both Defendants on February 26, 2024. Plaintiff fil...
2024.05.29 Motion to Vacate Default 603
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.29
Excerpt: ...��) and Jack Saiege (“Defendant Saiege”). Following Defendant Saiege's failure to file a responsive pleading, the Court entered his default on January 25, 2024. Defendant Saiege filed the instant Motion to Vacate Entry of Default on March 25, 2024. Plaintiff filed an untimely opposition on April 8, 2024 and Defendant Saiege replied on April 16, 2024. The reply sought a short continuance to allow for a response on the merits. At the hearing on...
2024.05.29 Motion for Assignment and Turnover Order 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.29
Excerpt: ...tered default judgment agains t Judgment Debtor for the total amount of $12,112.49 . On March 20, 2024, Judgment Creditor filed the instant Motion for Assignment Order. No opposition has been filed to date. Discussion Under Code of Civil Procedure, section 708.510, subdivision (a), the moving statute, the Court may order the judgment debtor to assign to the judgment creditor or to an appointed receiver all or part of a right to payment due or to ...
2024.05.28 Motion to Vacate Judgment 179
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.28
Excerpt: ...2023. A t the hearing on January 29, 2024, the Court continued the hearing to allow Respondent to file a memorandum of points and authorities. (Minute Order, 01/29/24.) On January 31, 2024, the parties filed a stipulation to allow California Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California to intervene in this action. The Court granted the stipulation the same date. (Stip and Ord...
2024.05.28 Motion to Vacate Dismissal and Enter Judgment 471
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.28
Excerpt: ...e Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Daniel Placenti (“Defendant”). Defendant filed an answer on October 12, 2021. On May 24, 2023 Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order , filed 0...
2024.05.24 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.24
Excerpt: ...HIS ORDER ANALYSIS: On April 19, 2023, an arbitrator issued an Arbitration Award in favor of Maria Avila (“Petitioner”) and against American Complete Home Services, Inc. dba American Air Conditioning & Heating (“Respondent”). On January 19, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). Petitioner filed proof of service of the Petition on May 1, 2024. No response to the Petition has been fil...
2024.05.23 Motion to Vacate Entry of Default 538
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...��) filed the instant action against Defendant The Wood Soul By Lilicales (“Defendant”). Following Defendant's failure to file a responsive pleading, Plaintiff obtained its default on Mar ch 5, 2024. On April 4, 2024, Defendant filed the instant Motion to Vacate Default. Plaintiff filed an opposition on May 10, 2024 and Defendant replied on May 16, 2024. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Proce...
2024.05.23 Motion to Compel Further Responses 613
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...ponses to Special Interrogatories, Set One, is CONTINUED TO June 4, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Jonathan Nissanoff (“Plaintiff”) filed the instant action for common counts and breach of contract against Defendant Oscar Health Plan of California (“Defendant”) on December 27, 2022. Plaintiff filed a First Amended Complaint on February 14, 2023. Plaintiff filed a “Motion to Compel ...
2024.05.23 Motion for Terminating, Monetary Sanctions 740
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...AYS OF NOTICE OF THIS ORDER. ANALYSIS: On September 11, 2020, Plaintiff Leonard R. Tyler (“ Plaintiff”) filed this motor vehicle action against Defendants Noa Estrada and Jose Vargas Guzman (“Defendants”). On December 4, 2023, the Court granted Defendants' discovery motions and ordered Plaintiff to serve responses to interrogatories and requests for production, and to pay sanctions within 20 days. (Minute Order, 12/04/23.) Defendants file...
2024.05.22 Petition to Compel Arbitration and Stay Proceedings 077
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.22
Excerpt: ...SE. ANALYSIS: On February 14, 2024, Plaintiff Dianeth A. Jimenez Velazco (“Plaintiff”) filed the instant action for violation of Consumer Legal Remedies Act, violation of Business & Professions Code section 17200, et seq., and claim against surety against Defendants Norma E. Flores Sandoval dba Coco Auto Sales (“Defendant Sandoval”), Newport Acceptance Corp. (“Defendant NAC”), and Western Surety Company (“Defendant Western”). The ...
2024.05.22 Motion to Vacate Dismissal and Enter Judgment 749
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.22
Excerpt: ...ANNUM SINCE THE DEFAULT DATE OF SEPTEMBER 1, 2023; COSTS OF $495.75; AND ATTORNEY'S FEES OF $813.01. ANALYSIS: On January 22, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendants Christopher Hernandez (“Defendant”) and Maria Hernandez. On August 4, 2022 Plaintiff filed a copy of the parties' s ettlement agreement with a request for dismissal and retention of jurisdic...
2024.05.21 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 560
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.21
Excerpt: ...ce Company (“Plaintiff”) filed this subrogation action against Defendant Martin Yi (“Defendant”). On April 11, 2023, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 04/11/23.) On April 2, 2024, Plaintiff filed the instant Moti...
2024.05.21 Motion to Vacate Renewal of Judgment 325
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.21
Excerpt: ... 28, 2014, which was dismissed on July 14, 2014. The judgment was renewed on October 27, 2023. Judgment Debtors filed the instant Motion to Vacate Renewal of Judgment on January 3, 2024. Judgment Creditor filed an opposition on March 6, 2024 and Judgment Debtors replied on March 15, 2024. The Motion initially came for hearing on March 19, 2024, at which time the Court continued the matter to consider Judgment Debtors' reply. (Minute Order, 03/19/...
2024.05.20 Motion for Reconsideration 431
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.20
Excerpt: ...P (“Defendant Rockvale LP”), Rockvale Apartments GP, LLC (“Defendant Rockvale GP”), Rockvale Apartments Limited, LLC (“Defendant Rockvale Limited”), FPI Management, Inc. (“Defendant FPI”), and Eden Housing, Inc. (erroneously sued as Eden Iris Gardens, LLC (“Defendant Eden”) for: (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) personal injury, (5) intentional infliction of emotional distress, a...
2024.05.16 Motion to Compel Production of Docs 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.16
Excerpt: ...led the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor filed the instant Motion to Compel Third Parties to Produce Documents on September 25, 2023. Third -party Bank of Hope filed an opposition on November 13, 2023 and third - party Samm...
2024.05.16 Motion for Attorney Fees 733
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.16
Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...
2024.05.15 Motion to Set Aside Default, for Leave to File and Serve New Answer, Continue Trial 906
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.15
Excerpt: ...and that Defendant never paid for these products. (Complaint, BC -1 & CC -1.) The motion now before the Court is Defendant's Motion to (1) Set Aside the Entry of Default (2) Grant Leave to File and Serve a New Answer and (3) to Continue Trial. Plaintiff filed an opposition on April 2, 2024, and Defendant filed a reply on April 8, 20 24. However, Plaintiff withdrew the opposition on April 15, 2024, and supplemental briefing was filed by Defendant ...
2024.05.15 Demurrer, Motion to Strike 500
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.15
Excerpt: ...ainst Defendants Rebecca Ju and Paul Ju (“Defendants”) on January 25, 2024. The Complaint alleged causes of action for motor vehicle negligence, negligence, and negligent entrustm ent. On February 1, 2024, the Complaint was superseded by the First Amended Complaint, which alleged “Senior Citizen Rights BPC § 13742” and “Elder Abuse § 1780.” Finally, Plaintiff filed a Second Amended Complaint on February 27, 2024 that alleges a viola...
2024.05.14 Petition to Confirm Arbitration Award 499
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: .... ANALYSIS: On December 14, 2023, Petitioner Jordan Roberts (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Carlos Caraccioli (“Respondent”). The Petition was initially set for hearing on April 18, 2024 but continued the day b efore to May 14, 2024 with an order from the Court for Petitioner to give notice to all parties. (Notice Re: Continuance, 04/17/24.) No proof of service of the Petition or h...
2024.05.14 Motion to Dismiss for Failure to Prosecute 729
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: ... then transferred to an independent calendar courtroom. (Minute Order, 09/23/20.) Proofs of service of the Summons and Complaint were filed in October 2021. From early 2022 to mid -2023, Defendants filed challenges to the pleadings, including the Second and Third Amended Complaints. On May 11, 2023, the Court sustained Defendants ' demurrer to the non- negligence causes of action without leave to amend and set an order to show cause why the actio...
2024.05.14 Demurrer, Motion to Strike 893
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: ...WER TO THE SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER. Defendants Promises, Promises, Inc. and Eugene Michael Hardy's Motion to Strike Portions of the Second Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Promises, Promises, Inc. (“Defendant PPI”) and Eugene Michael Hardy (“Defendan...
2024.05.09 Petition to Confirm Arbitration Award 520
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.09
Excerpt: ...ENT IS TO BE FILED AND SERVED WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On July 6, 2021, an arbitrator issued an Arbitration Award in favor of Wasserman Media Group, LLC (“Petitioner”) and against Paul Lo Duca (“Respondent”). On August 3, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) . The Court set the Petition for hearing on December 7, 2021 and ordered Petitioner to give notice. (Notice of ...
2024.05.09 Demurrer 596
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.09
Excerpt: ...umer Credit Reporting Agencies Act (“CCRAA”) against Experian Information Services, Inc. (“Defendant”). On March 19, 2024, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on March 25, 2024 and Defendant replied on May 2, 2024. Discussion Allegations in the Complaint The Complaint alleges that Plaintiff is a consumer and Defendant is a consumer credit reporting agency as defined by Cal. Civ. Code § 178...
2024.05.08 Motion for Summary Judgment 572
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.08
Excerpt: ...collecti vely, “Cross-Complainants”) on August 23, 2022. Cross -Complainants filed a Cross- Complaint for breach of contract and fraud against Cross- Defendant on January 20, 2023. On February 3, 2023, Cross -Complainants filed a First Amended Cross - Complaint. On July 13, 2023, the Court sustained Cross -Defendant's demurrer to the fraud cause of action in the First Amended Cross -Complaint with leave to amend. (Minute Order, 07/13/23.) Cro...
2024.05.06 Motion for Protective Order 338
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...
2024.05.06 Motion to Compel Inspection of Vehicle 825
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...se Cruz, and DOES 1 -50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id. , ¶ 6.) Defendants' investigator apparently obtaine...
2024.05.06 Motion for Terminating Sanctions 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...tiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On March 8, 2024, the Court ordered Plaintiff to appear for deposition within 30 days of notice and to pay monetary sanctions in the amount of $615. Defendant gave notice of this ruling by email on March 12, 2024. On Marc...
2024.05.06 Motion to Compel Deposition, for Sanctions 004
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...rict Liability and Negligence/ Negligence Per Se arising from a fall on November 19, 2019. Memo's Scaffolding filed its answer on September 8, 2021. On January 11, 2023, Plaintiffs amended their complaint to name Gordon S. Gibson, Inc., dba Gordon Gibson Construction (“Gibson”) as Doe 1. Gibson filed its answer to the complaint on May 3, 2023. On June 9, 2023, Memo's Scaffolding filed a cross -complaint against Gibson. Gibson filed an answer ...
2024.05.01 Petition to Confirm Arbitration Award 632
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.01
Excerpt: ...position on April 29, 2024. Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” ( Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the awa...
2024.05.01 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 906
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.01
Excerpt: ...are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March...
2024.04.30 Motion to Vacate Entry of Default 036
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.30
Excerpt: ...ber 11, 2023. On January 12, 2024, Defendant filed the instant Motion to Vacate Default. No opposition has been filed to date. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b) and (d), and section 473.5. The Court will consider each statutory basis in turn. Code of Civil Procedure section 473, subdivision (b) Under this statute, an application for relief must be made no mor...
2024.04.30 Motion for Summary Judgment 433
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.30
Excerpt: ...fendant”) on March 1, 2023. Defendant filed an answer in properia persona on March 27, 2023. On February 5, 2024, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of indemnity agreement. Plaintiff alleges that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100153718, issued...
2024.04.30 Motion for Leave to Amend Pleading 839
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.30
Excerpt: ... BEING DENIED. ANALYSIS: Plaintiff Blue Moon Service Corporation (“Plaintiff”) filed the instant action against Defendant Wallis Annenberg Center for the Performing Arts (“Defendant”) on June 20, 2023. On August 17, 2023, Defendant filed an answer and cross- complaint. Plaintiff answered the cross- complaint on November 21, 2023. Plaintiff filed the instant Motion for Leave to File An Amended Complaint on February 1, 2024. No opposition h...
2024.04.26 Motion to Strike 651
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.26
Excerpt: ... complaint, Plaintiff was assaulted and battered on premises owned or controlled by defendants on West Olympic Boulevard in Los Angeles on October 15, 2021. On March 29, 2024, Defendant Reserve Lofts LLC (“Defendant”) filed this motion to strike portions of Plaintiff's complaint. No opposition has been filed. Legal Standard Under Code of Civil Procedure section 435, “Any party, within the time allowed to respond to a pleading may serve and ...
2024.04.24 Motion for Sanctions 394
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.24
Excerpt: ...E 3.3(F) WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiffs Eduardo Tiempo, Gary Rand & Suzanne E. Rand -Lewis, Professional Law Corporations (“Plaintiffs”) filed the instant action against Defendants Finchey Corporation of California dba Pacific BMW, David Ho, Arsen Dagbashyan, Sevak Adamyan, and Andy Adamyan (“Defendants”) on December 11, 2022. The action alleges causes of action for (1) breach of express contract; (2) constructiv...
2024.04.24 Motion for Attorney Fees 166
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.24
Excerpt: ...against Defendant Piaggio Group Americas, Inc. (“Defendant”). The Complaint alleges a causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of Vehicle Code section 11713.13(d); and (4) relief pursuant to Vehicle Code section 11726 . Plainitff sought damages of $$12,858.57. The court granted Plaintiff's Motion for Summary Judgment on April 7, 2022. (Minute Order, 04/07/22....
2024.04.23 Demurrer 086
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.23
Excerpt: ...s filed the instant Demurrer to the Complaint on February 29, 2024. Plaintiff filed an opposition on March 18, 2024. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Matthes Decl., ¶¶2 -4.) The Demurrer is brought on the grounds that Plaintiff lacks the legal capacity to sue, there is a defect or misjoinder of parties, the Complaint fails to state sufficient ...
2024.04.23 Motion for Reconsideration 924
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.23
Excerpt: ...OMPLAINT. ANALYSIS: Plaintiff Samara A. Weiner (“Plaintiff”) filed the instant action for recovery of COVID -19 rental debt against Defendants Century Property Management & Investment, Inc. and Deion Gerhard (“Defendants”) on July 27, 2022. Defendants filed an answer and cross -complaint against Plaintiff, Art Koomer, and Michael Koomer on November 23, 2022. Arthur Koomer and Michael also filed cross -complaints against unnamed cross -def...
2024.04.18 Motion to Continue Trial 734
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.18
Excerpt: ...ed as Costco Wholesale) (“Costco”) and “Manager Cesar” filed an answer. On August 26, 2022, Plaintiff filed a “Notice of Errata to Correct Entity Name,” stating that the correct name of “Manager Cesar” is in fact Cesar Amaral. On September 1, 2022, Cesar Amaral (erroneously sued as Manager Cesar) filed an answer. On April 3, 2023, Plaintiff filed a request for dismissal as to Cesar Amaral/Manager Cesar only. On March 8, 2024, Cost...
2024.04.18 Motion to Continue Trial 615
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.18
Excerpt: ... property arising out of an accident occurring on July 18, 2020. On May 25, 2022, Defendant C.R. England, Inc. and Roland Wilkinson filed a cross - complaint against California Department of Transportation and Christopher Huynh Le for (1) equitable indemnity, (2) apportionment and contribution, and (3) declaratory relief. On October 13, 2022, an amendment to the cross-complaint was filed adding Guy F. Atkinson Construction, LLC as Roe 1. On March...
2024.04.18 Motion to Compel Second Physical Exam 786
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.18
Excerpt: ...while Plaintiff was visiting a guest at Defendant's premises, she sat on a bench, the bench collapsed, and she sustained injuries as a result. On March 30, 2022, ESAP filed its answer. On July 21, 2022, Plaintiff amended the complaint to name ESH Hospitality, Inc., as Doe 1. On September 19, 2022, Defendant ESA Management, LLC (“ESAM”), erroneously sued as Extended Stay America, Inc. and ESH Hospitality, Inc., filed its answer. On June 12, 20...
2024.04.18 Motion to Compel Further Responses, for Sanctions 707
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.18
Excerpt: ... filed the complaint in this action against Defendants Jensen Enterprises, Inc., Jensen Precast, and Does 1 through 50, asserting causes of action for premises liability and negligence arising out of inju ries Plaintiff allegedly sustained after tripping and falling on June 6, 2018, on Defendants' premises at or near 1375 West Adams in Los Angeles. On January 3, 2022, Jensen Enterprises, Inc. dba Jensen Precast (erroneously sued as separate entit...
2024.04.18 Motion for Leave to Amend Complaint 955
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.18
Excerpt: ...'s motion for summary judgment. On March 18, 2024, Plaintiff filed a motion for leave to file the First Amended Complaint. No opposition has been filed. Legal Standard CCP § 472(a) provides “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is h eard if the amended pl...
2024.04.17 Motion to Vacate Dismissal and Enter Judgment 343
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.17
Excerpt: ...S SET FOR MAY 15, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kareen Rowtham (“Defendant”) on January 13, 2021. Defendant filed an answer and cross- complaint against Cross-Defen dant Cole Michael Cornan (“Cross - Defendant”). On July 13, 2022, Plaintiff filed a co...
2024.04.16 Motion to Vacate Dismissal and Enforce Settlement Agreement and Enter Judgment 862
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.16
Excerpt: ...18, Plaintiff filed a copy of its settlement agreement with Ayon with a request for dismissal and retention of jurisdiction under Code of Civil Procedure Section 664.6. The Court granted the request for dismissal with retention of jurisdiction on August 31, 2018. (Stip and Order for Settlement, 08/31/18.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement Agreement, and Enter Judgment on January 30, 2024. No opposition has...
2024.04.16 Motion to Declare Vexatious Litigant 177
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.16
Excerpt: ...aintiff Young Chow Dai a Vexatious Litigant on March 15, 2024. On April 5, 2024, Plaintiff filed an opposition. No reply has been filed as of date. Discussion Vexatious Litigant Code of Civil Procedure Section 391, subdivision (b), defines a “vexatious litigant” as a person who, “[a]fter a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity ...
2024.04.16 Motion for Terminating Sanctions 793
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.16
Excerpt: ...onnie Perez aka Ron Perez dba Ron's Cr ete Construction adba Ron's Construction (“Defendant”) on January 30, 2023. Perez Defendants filed the instant Answer on April 25, 2023. Plaintiff filed a Motion to Compel Responses to Demand for Production of Documents, Set One and Special Interrogatories, Set One on October 3, 2023. On November 1, 2023, the Court granted the Motions to Compel Responses. Plaintiff filed the instant Motion for Terminatin...
2024.04.16 Motion for Assignment Order 976
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.16
Excerpt: ...Creditor filed the instant Motion for Assignment Order on June 21, 2023. The Motion came for hearing on September 14, 2023 and was continued for further briefing. (Min. Order, 09/14/23.) Judgment Creditor filed a supplemental declaration on Octobe r 16, 2023. The Motion was originally set for hearing on November 9, 2023 and continued with notice to November 27, 2023. (Min. Order, 11/09/23.) The hearing on December 6, 2023, the Court again continu...
2024.04.11 Motion to Quash 517
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.04.11
Excerpt: ...iel Mehrban (Mehrban). Plaintiff t hen filed the operative First Amended Complaint (FAC) on December 20, 2023, where Plaintiff alleges five causes of action surrounding the allegations that Treehouse, Goldsmith, and Mehrban all became indebted to Plaintiff in the sum of $9,249.08. (FAC, ¶ 8-10.) The motion now before the Court is the Motion to Quash the service of Summons and Amended Complaint filed by entity Defendant Treehouse. Plaintiff oppos...

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