Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

664 Results

Clear Search Parameters x
Location: Los Angeles x
Judge: Windham, Mark E x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 222)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 734)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 450,50
Array
(
)
2022.11.02 Motion to Vacate Renewal of Judgment 855
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ...C 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract. RELIEF REQUESTED: Vacate the renewal of judgment as improperly entered. The record shows that the earlier applications to renew the judgment were rejected because the time to renew had expired. Plaintiff also failed to served Defendants with the notice of renewal, as required and repeatedly has f...
2022.11.02 Motion to Deem RFAs Admitted, for Sanctions 803
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ...ESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS (CCP § 2033.280) SERVICE OF MOTION: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract. RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Charles San Nicholas on May 12, 2022, admitted. Award Plaintiff Garcia sanctions of $260.00. ...
2022.11.02 Motion to Continue Reclassification, to Reclassify 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ... of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK BACKGROUND: Action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition. Cross-action for promissory fraud and quantum meruit. REQUEST FOR RELIEF: Continue hearing on motion to reclassify in order to allow Plaintiff to complete discovery and properly oppose Defendants' claim for damages....
2022.11.02 Motion for Non-Suit 199
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ...OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. RELIEF REQUESTED: Grant Non-suit in Defendant's favor because the Complaint was indisputably filed after expiration of the statute of limitations. OPPOSITION: The Complaint was timely e-filed but rejected without explanation. Plaintiff re-filed as soon as possible after the rejection but after the st...
2022.11.01 Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment 149
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.01
Excerpt: ...SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of October 28, 2022. REPLY: None filed as of October 28, 2022. TENTATIVE RULIN...
2022.11.01 Motion to Compel Further Responses, for Monetary Sanctions 702
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.01
Excerpt: ...QUEST FOR PRODUCTION AND REQUEST FOR SANCTIONS (CCP §§ 2031.310, 2023.010) SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. REQUEST FOR RELIEF: Compel Defendant to produce the statement given to the insurance claims adjuster after the accident. By informing Plaintiff's c...
2022.11.01 Motion for Summary Judgment, Adjudication 322
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.01
Excerpt: ...ed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for Retaliation in Violation of the California Fair Employment and Housing Act; and Retaliation in Violation of California Labor Code section 1102.5. REQUEST FOR RELIEF: Grant summary judgment, or adjudication, in Defendant's favor. Plaintiff's alleged oral complaints and emails were not protected activities, nor ...
2022.10.27 Motion to Compel Production of Docs, for Sanctions 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.27
Excerpt: ...TION NOTICE, REQUEST NOS. 4-9. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. ANALYSIS: Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) an...
2022.10.26 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 155
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.26
Excerpt: ...Defendant”) on April 8, 2020. On September 22, 2021, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order Re Settlement, 09/22/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on Se...
2022.10.26 Motion for Judgment on the Pleadings 061
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.26
Excerpt: ...�Defendant”) on January 5, 2021. Defendant filed an Answer on March 2, 2021. On June 13, 2022, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendants. (Minute Order, 06/13/22.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on June 29, 2022. Defendant filed an opposition on July 11, 2022. Legal Standard The standard for ruling on a motion for judgment on the pleadings ...
2022.10.25 Motion to Consolidate 000
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.25
Excerpt: ...r vehicle negligence against Defendants Roboam Arquella (erroneously sued as Roboan Arqueta) and Jose Luiz Lopez (“Defendants”) on February 5, 2021. Defendants filed an Answer on March 9, 2021. On June 30, 2022 the Court deemed this action related to Alliance United Insurance v. Roboam Osorino Arguello, et al., Los Angeles Superior Court Case No.: 22STLC01889 (“LASC Case No. 22STLC01889”). Both cases are assigned to Department 26 in the S...
2022.10.25 Petition for Permanent Injunction 492
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.25
Excerpt: ...ion Pursuant to Civil Code section 798.88 against Alejandra Sierra Salazar (“Respondent”) on July 1, 2022. No response has been filed to date. Discussion Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's Mobile Home Park, ABC Wishing Well (“the Park”), located at 20315 Denker Avenue, Torrance, California. These violations pertain to Space 7 of t...
2022.10.25 Petition to Vacate Arbitration Award 688
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.25
Excerpt: ...ON'S PETITION TO VACATE ARBITRATION AWARD IS DENIED. THE ARBITRATION AWARD IS CONFIRMED IN FAVOR OF VALENSI ROSE, PLC IN THE AMOUNT OF $ $18,204.38. ACCORDINGLY, VALENSI ROSE, PLC'S PETITION TO CONFIRM ARBITRATION AWARD IS GRANTED. VALENSI ROSE, PLC IS TO FILE A PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On May 4, 2022, Laura Iris Olson (“Olson”) filed the instant Petition to Vacate Arbitration Award against Valensi Rose, PLC ...
2022.10.24 Motion to Vacate Dismissal and Enter Judgment 576
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.24
Excerpt: ...endant”) on March 17, 2020. On May 28, 2021, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order Re Settlement, 05/28/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on September ...
2022.10.19 Petition to Confirm Arbitration Award 260
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...rd Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. No opposition has been filed to date. Legal Standard “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 arbitrat...
2022.10.19 Motion to Reclassify 299
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...l 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 the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code C...
2022.10.19 Motion to Enter Judgment Pursuant to Stipulation 546
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...t”) on October 15, 2019. On October 25, 2021, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order for Settlement and Dismissal, filed 10/25/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter ...
2022.10.19 Motion for Attorney Fees 969
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...��Plaintiff”) in the action entitled Desert Passage Community Association v. Gabriel Serrato and Monica Serrato in Case No. CV2017-0049. The default judgment was entered in the principal sum of $2,145.21, plus interest and reasonable attorney's fees and costs against Defendants Gabriel Serrato and Monica Serrato (collectively, “Defendants”). On December 2, 2020, this Court entered judgment based on the sister-state judgment in Case No. CV20...
2022.10.14 Motion for Attorney Fees 809
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.14
Excerpt: ...nd as a result, violated the Unruh Civil Rights Act (“the UCRA”), set forth at Cal. Civil Code section 51, subdivision (f). (Compl., ¶¶15-25.) Plaintiff alleged that he initially filed this case in federal court, which reached no determination on the UCRA claim and dismissed it without prejudice. (Id. at ¶14.) The Complaint seeks an award of statutory damages and attorney's fees and costs pursuant to Civil Code section 52, subdivision (a) ...
2022.10.10 Motion to Quash Service of Summons and Complaint 307
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.10
Excerpt: ...OK SUMMARY OF COMPLAINT: Action for wrongful use of civil proceedings. REQUEST FOR RELIEF: Quash service of Summons and Complaint on the grounds that Defendant Irene Zendano was not properly served. Service was twice previously quashed by the Court and continues to be inadequate. Plaintiff's response to the OSC includes an email from the process service company closing the case after learning that the address where it made four attempts to serve ...
2022.10.06 Motion to Quash Writ of Execution and Vacate Levy 139
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.06
Excerpt: ...ability. REQUEST FOR RELIEF: Quash the writ of execution and vacate the levy of Judgment Debtor's property. Since the death of Judgment Creditor, no personal representative has been named. Nor is Judgment Creditor's attorney entitled to the award of attorney's fees without a proper assignment. OPPOSITION: Respondent has not overcome the presumption of proper service. REPLY: None filed as of October 4, 2022. ANALYSIS: On December 1, 2011, the Cour...
2022.10.06 Motion for Reconsideration 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.06
Excerpt: ...Plaintiff's motion to compel Defendant Sabet's deposition. The parties are not able to see the online docket in this action and, as a result, do not know which judge is hearing their motions. The order compelling Defendant Sabet's deposition should be reconsidered and denied because there is no active Complaint in this action, as evidenced by the Court's own orders regarding reclassification. Defense counsel was not able to bring these facts to t...
2022.10.03 Motion to Vacate Dismissal and Enter Judgment 864
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.03
Excerpt: ... automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against D...
2022.10.03 Motion for Leave to File Complaint 093
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.03
Excerpt: ...ence. REQUEST FOR RELIEF: Grant Defendant leave to file a cross-complaint against Plaintiff April Johnson for indemnification, apportionment of fault, and declaratory relief. New information came to light after Plaintiffs' discovery responses were served in April and May 2022. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: On August 19, 2021, Plaintiffs Toyer McBride and April Johnson (“Pl...
2022.09.29 Petition to Confirm Arbitration Award 590
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.29
Excerpt: ...MMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 27, 2022. REPLY: None filed as of September 27, 2022. ANALYSIS: On September 10, 2021, an Arbitration Award was issued in favor of Carla Mazzetti (“Petitioner”) and against Adam Khoda (“Respondent”). Petitioner filed the instant Petition to C...
2022.09.28 Motion to Reclassify 297
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.28
Excerpt: ...300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. MOTION: Plaintiff failed to file the Civil Case Cover Sheet concurrently with the Complaint, resulting in the action being filed in the limited jurisdiction court. Plaintiff's medial specials currently amount to $27,189.24 and the Complaint alleges that the damages are in excess of the unlimited ...
2022.09.21 Motion to Vacate Ruling and Dismissal 332
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.21
Excerpt: ...se, common counts and breach of guaranty of lease. Cross-Complaint for breach of contract and declaratory relief. MOTION: Cross-Complainants renew their motion to set aside the ruling sustaining the Demurrer to the First Amended Cross-Complaint. New evidence is now available regarding the ruling in the Unlawful Detainer Action, which shows that the issue of overpayment of rent was not litigated at that time and was properly alleged in the First A...
2022.09.21 Motion to Vacate Dismissal 139
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.21
Excerpt: ...aintiff's failure to appear at trial. OPPOSITION: Plaintiffs have not demonstrated that their failure to appear for trial was due to mistake, inadvertence, surprise or excusable neglect. Plaintiffs' failure to appear was inexcusable. Nor have Plaintiffs shown that they brought the Motion within a reasonable amount of time following the dismissal. If the dismissal is granted, Defendants should be awarded fees of $1,000.00. REPLY: Plaintiffs gave t...
2022.09.20 Petition to Confirm Arbitration Award 893
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.20
Excerpt: ...y Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK [X] Manner of Service (CCP 1290.4) NO SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) fil...
2022.09.20 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 644
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.20
Excerpt: ...or automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against ...
2022.09.20 Motion to Change Venue 223
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.20
Excerpt: ...DEFENDANTS ARE TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER. THE RESERVATIONS FOR THE MOTION TO TRANSFER ACTION ON SEPTEMBER 21, 2022 ARE ADVANCED TO THIS DATE AND VACATED. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract, fraud, and related claims. RELIEF REQUESTED: Defendants move to trans...
2022.09.19 Petition to Confirm Arbitration Award 872
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.19
Excerpt: ... Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK [X] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 15, 2022. REPLY: None filed as of September 15, 2022. ANALYSIS: Petitioner O...
2022.09.19 Motion for Protective Order, Request for Sanctions 972
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.19
Excerpt: ...DAYS OF THIS ORDER. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for breach of residential lease agreement. MOTION: A protective order is necessary to protect Defendants from unnecessary deposition. The full- day depositions sought by Plaintiff constitute undue burden and...
2022.09.14 Motion to Vacate Default, Judgment 748
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.14
Excerpt: ... for discrimination on the basis of disability. REQUEST FOR RELIEF: Vacate default because Defendants did not receive notice of this action and service was effectuated at the wrong zip code. OPPOSITION: None filed as of September 12, 2022. REPLY: None filed as of September 12, 2022. ANALYSIS: Plaintiff Richard Dahl (“Plaintiff”) filed the instant action against Defendants Wish Automotive II, Inc. (“Defendant Wish II”) and Barry Wishengrad...
2022.09.14 Motion to Strike 732
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.14
Excerpt: ...SSIONS CODE, TORT LAW, AND THE FUNDAMENTAL PUBLIC POLICIES OF THE STATE OF CALIFORNIA” AT ¶51; AND 3. “ATTORNEYS' FEES” AT PP. 10-11, PRAYER FOR RELIEF, ¶5. THE SECOND AMENDED COMPLAINT FILED ON APRIL 5, 2022 IS STRUCK ON THE COURT'S OWN MOTION. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contrac...
2022.09.13 Petition to Confirm Arbitration Award 520
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.13
Excerpt: ...AYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: O...
2022.09.13 Motion to Enforce Settlement Agreement 378
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.13
Excerpt: ...tion. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Leonardo Gomez and Gerardo Carranco (“Defendants”...
2022.09.08 Motion for Attorney Fees 166
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.08
Excerpt: ...lied covenant of good faith and fair dealing, violation of Vehicle Code section 11713.13(d), and relief pursuant to Vehicle Code section 11726. BASIS OF MOTION: As the prevailing party, award Plaintiff $63,861.50 in attorney's fees and costs. OPPOSITION: Plaintiff is not entitled to attorney's fees or costs because it has not shown that Defendant acted with willfulness. Alternatively, the attorney's fees and costs should be denied as entirely unr...
2022.09.08 Motion for Discharge from Liability 659
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.08
Excerpt: ...overy of unclaimed property from Plaintiffs' father's estate, which is now in Defendant's control. MOTION: Defendant asks that the court issue an order that it deposit with the clerk the disputed funds in the amount of $8,952.77. Upon deposit, Defendant should be discharged from liability with respect to the disputed funds and dismissed from this action. In Defendant's place, the Court should substitute the FDIC. OPPOSITION: Defendant's offer to ...
2022.09.01 Motion for Attorney Fees 412
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.01
Excerpt: ...[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract, negligence, and fraud with respect to a property listing agreement. BASIS OF MOTION: Defendant Xu is entitled to an award of attorney's fees as the prevailing party on appeal in the amount of $8,200.00 and costs of $652.55. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: Plaintiff Yvonne Jiang (“Pla...
2022.09.01 Demurrer 462
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.01
Excerpt: ...Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for insurance bad faith and negligenc. REQUEST FOR RELIEF: Sustain demurrer to the First Amended Complaint for failure to allege facts sufficient to state a cause of action. The first cause of action for insurance bad faith cannot be alleged against Defendant American Family because Plaintiff was never insured by Defendant American Family, nor in privity of contract with any insured...
2022.08.31 Petition to Confirm Arbitration Award 434
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...EMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITIONS BEING DISMISSED. SERVICE: [ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO [ ] Correct Address (CCP §§ 1013, 1013a) NO [ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO [ ] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration awards. RELIEF REQUESTED: Enter judgment against Respondent pursuant to ...
2022.08.31 Petition to Confirm Arbitration Award 261
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...0 DAYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: On...
2022.08.31 Motion to Compel Further Responses, for Sanctions 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...st for Sanctions is GRANTED. DEFENDANT JOSEPH SABET IS TO SERVE FURTHER RESPONSES, INCLUDING A CODE-COMPLIANT PRIVILEGE LOG, TO REQUEST NOS. 1-14 WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT JOSEPH SABET AND COUNSEL OF RECORD ARE ALSO JOINTLY ORDERED TO PAY SANCTIONS OF $100.00 TO PLAINTIFF WITHIN 20 DAYS' SERVICE OF THIS ORDER. TRIAL SETTING CONFERENCE IS SET FOR NOVEMBER 2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. S...
2022.08.31 Demurrer, Motion to Reclassify 632
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...D 5TH CAUSES OF ACTION. DEFENDANT TO FILE ITS ANSWER WITHIN 20 DAYS OF THIS ORDER. SERVICE OF MOTION: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract with respect to installation of security system. REQUEST FOR RELIEF: Sustain demurrer to the Complaint for failure to allege facts sufficient to state a cause ...
2022.08.30 Motion to Reclassify Action 887
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.30
Excerpt: ... action to unlimited jurisdiction court based on the amount of Cross- Complainant's damages. OPPOSITION: Cross-Complainant has not shown that it incurred damages in excess of the jurisdictional limit. As stated in its ex parte application, this Motion is brought based on the costs Cross-Complainant has incurred in this litigation, which are not part of the amount in controversy. REPLY: Cross-defendant has all but admitted its committed fraud base...
2022.08.29 Motion to Compel Further Responses 954
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.29
Excerpt: ...E OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005 (b)) OK SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability. REQUEST FOR RELIEF: Compel Plaintiff's further responses to post-judgment requests for production. Plaintiff's responses included meritless objections and do not identify whom Plaintiff beli...
2022.08.29 Demurrer 652
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.29
Excerpt: ... sufficient to state a cause of action. The Complaint fails to allege the existence a written lease agreement signed by the parties and does not attach any such agreement. The lease was allegedly for a period of four years and must be in writing to satisfy the Statute of frauds. OPPOSITION: The lease agreement is in writing as required by the Statute of frauds. Applicable case law holds that the lease need not be signed by Defendant. The cases ci...
2022.08.18 Motion to Compel Deposition 231
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.18
Excerpt: ...� by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a)...
2022.08.18 Motion to Amend Admissions, Erroneous Deposition Testimony, File Complaint 515
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.18
Excerpt: ...iced in maintaining that party's action or defense on the merits.”¿ (Code Civ. Proc. § 2033.300(b).)¿ “The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional di...

664 Results

Per page

Pages