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2023.08.09 Motion to Vacate Default Judgment and Dismiss Defendant 944
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...T COURTHOUSE. ANALYSIS: On January 12, 2023, Plaintiff National Commercial Recovery, Inc. dba Blair Smith and Associates (“Plaintiff”) filed this action against Defendants Alchemy Group Concepts LLC dba Kai's Table, Alchemy Group Spirits LLC dba Kai's Table; Norman Lee aka Norman Detric Lee aka Norman Kai Lee aka Kai Lee, and Erica Pesso (“Defendant Pesso”). Following Defendants' failure to file responsive pleadings, the Court entered the...
2023.08.08 Motions to Compel Further Responses, for Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.08
Excerpt: ...ION, WITHIN 20 DAYS' NOTICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on October 7, 2022. On May 4, 2023, Plaintiff Aparicio filed Motion to Compel Further Responses to Request for Production of Documents against Defendant Hambel, which th...
2023.08.07 Petition for Disposition of Vehicle with Altered Serial Number 280
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.07
Excerpt: ... On December 6, 2022, Petitioner Los Angeles County Sheriff's Department, Taskforce for Regional Autotheft Prevention, East Team (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondent Mike Saleh (“Respondent”). The Petition came for hearing on May 11, 2023, at which time only Respondent appeared. (Minute Order, 05/11/23.) At Respondent's request, the hear...
2023.08.07 Motion to Compel Medical Exam, for Terminating, Monetary, or Evidentiary Sanctions 862
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.07
Excerpt: ... OF THIS ORDER. THE TRIAL DATE OF AUGUST 9, 2023 IS VACATED. ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION PROCEEDING IS SET FOR DECEMBER 11, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. Discussion On February 9, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action by a Petition for Case Number for Protective Order pursuant to Cal. Insurance Code section 11580.2. Due to cler...
2023.08.03 Motion to Compel Further Responses 307
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.03
Excerpt: ... OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $2,125.00 TO PLAINTIFF'S COUNSEL, ALSO WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On January 10, 2020, Plaintiff Basta, Inc. (“Plaintiff”) filed this action for “wrongful use of civil proceedings” against Defendant Irene Zendano, individually and as trustee of the Irene Valerie Zendano Family Revocable Living Trust U.T.D. May 9, 2015 (“Defendant”). Following Defendant's fai...
2023.08.02 Demurrer 367
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.02
Excerpt: ...r to the Complaint on June 13, 2023. Plaintiff filed an opposition on July 13, 2023. Discussion The Complaint alleges causes of action for (1) violation of Consumers Legal Remedies Act, Civil Code § 1750 et seq.; and (2) violation of California Business and Professions Code § 17200, et seq., based on the following facts. On November 14, 2019, Plaintiff when to 5 Star Auto Group dba Billion Auto Group's (“Seller”) place of business and purch...
2023.08.01 Motion to Pay Judgment in Installments 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.01
Excerpt: ...nce Company (“Judgment Creditor”) filed the instant action against Defendant David Franco (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on June 22, 2022. On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. The Motion initially came for hearing on May 22, 2023, at which time Judgment Creditor appeared to argue in opposition. (Minute Order, 05/22/23.) The Court cont...
2023.08.01 Motion for Summary Judgment 210
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.01
Excerpt: ...nt”) on April 4, 2022. Defendant filed an answer in properia persona on April 20, 2022. On December 8, 2022, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order 12/08/22.) On May 12, 2023, 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 th...
2023.07.31 Motion to Tax Costs 009
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.31
Excerpt: ... Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. On February 15, 2023, the Court granted Defendant's motion for summary judgment and the Court entered judgment accordingly on March 30, 2023. Defendant filed a memorandum of costs on April 20, 2023 and Plaintiff filed the instant Motion to Tax Costs on May 8, 2023. Discussion “Any notice of motion to strike or to tax...
2023.07.27 Motion for Reconsideration 678
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.27
Excerpt: ...vice 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: Collections action. REQUEST FOR RELIEF: Reconsider the ruling denying Defendant's motion to vacate judgment. New evidence shows that the conversation about the account could not have occurred in August 1998. The IRS levy on Defendant's corporate account was issued in 1996, which is when she called Home Sav...
2023.07.27 Motion for Assignment Order 540
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.27
Excerpt: ... 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: The Court should assign any and all amounts owed to Judgment Debtor Lopez pursuant to a residential lease agreement with Sotheby's International Realty and/or Alexandra Pfeifer, in an amount to satisfy the judgment. OPPOSITION: None filed as of July 24, 2023. REPLY: None filed as of July 24, 2023. TENTATIVE RULING: Judgment Credi...
2023.07.26 Motion for Reconsideration 678
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.26
Excerpt: ...fendant on August 28, 1998. The judgment was renewed on December 7, 2007 and August 28, 2017. On July 3, 2012, an Assignment of Judgment was filed, naming Credilogical Systems, LLC (“Judgment Assignee”) as the judgment creditor. On February 5, 2018, Defendant filed a Motion to Set Aside Judgment (“the First Motion to Vacate”) in pro per. The First Motion to Vacate was opposed by Judgment Creditor and came for hearing on March 15, 2018. Th...
2023.07.25 Motion for Attorney Fees 255
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...on Law, and claim against surety against Defendants Austra Motors, Inc. (“Defendant Austra”) and State National Insurance Company (“Defendant SNIC”) on June 3, 2021. Default was entered against Defendant Austra on September 8, 2021; Defendant SNIC was dismissed on January 20, 2022. Judgment after default was entered in favor of Plaintiffs and against Defendant Austra on January 25, 2023. Plaintiffs filed the instant Motion for Attorney's ...
2023.07.25 Motion to Quash Service and Dismissal of Action 904
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...rvice of the Summons and Complaint on July 28, 2006. Following no response to the Complaint, default judgment was entered against Judgment Debtor on October 24, 2006. The judgment was renewed on November 17, 2014 and December 22, 2022. Judgmen Debtor filed the instant Motion to Quash Service and Dismissal of Action on February 21, 2023. Judgment Assignee PMGI, LLC (“Judgment Assignee”) filed an opposition on February 28, 2023 and Judgment Deb...
2023.07.25 Motion to Intervene 571
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...ts Patrick Desmore (erronously sued as Patrick K. Desmore), Yolanda Desmore, Robert Bautista (erroneously sued as Robert Apodaca), April Apodaca, Cesar Montenegro, Kimberly Bray (erroneously sued as Kimberly Brae), and Edward Silberstein. All Defendants filed an answer except Defendant Yolanda Desmore, who has been dismissed. This action arises from a dispute over a construction bond in the penal sum of $15,000.00 issued to S. CA. Construction Co...
2023.07.20 Motion to Compel Further Responses, for Sanctions 154
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.20
Excerpt: ...E-COMPLIANT AMENDED RESPONSES WITHIN 20 DAYS' SERVICE OF THIS ORDER. ALSO, DEFENDANT SOLARIS TRADING CORPORATION DBA GRAND AMERICAN TIRE AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $2,400.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff Parts Authority, LLC (“Plaintiff”) filed the instant action for breach of contract and fraud against Defendants Solaris Trading Corporation d...
2023.07.20 Motion for Judgment on the Pleadings 437
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.20
Excerpt: ...ff”) filed the instant action for property damage against Defendants County of Los Angeles, Deputy Bruce Ramirez and Deputy Thomas Song. Defendants Ramirez and Song filed an Amended Answer to the Complaint on April 3, 2023. Defendant Song filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on March 3, 2023. The Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Plainti...
2023.07.20 Demurrer, Motion to Strike 997
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.20
Excerpt: ...: A. Factual Background On February 7, 2023, Plaintiff Genevieve Germain (“Plaintiff”) filed this action against Defendants Behringer Harvard Redwood, LLC, Greystar Worldwide, LLC, GS Redwood Property, LLC, Greystar California, Inc. and Does -1000, inclusive, asserting causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) nuisance, (5) v...
2023.07.18 Petition to Confirm Arbitration Award 577
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.18
Excerpt: ...nitially came for hearing on December 13, 2022 at which time the Court noted that Petitioner lacked proper legal representation. (Minute Order, 12/13/22.) The hearing was continued to March 14, 2023 and an Order to Show Cause regarding Petition's legal representation was set for March 1, 2023. (Ibid.) On March 1, 2023, the Order to Show Cause was again continued to April 18, 2023 with admonition to Petitioner that the action would be dismissed if...
2023.07.18 Motion to Compel Responses 190
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.18
Excerpt: ...ONS OF $100.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Standard A party seeking discovery of a non-party may do so through an oral deposition under Chapter 9, a written deposition under Chapter 11, or a deposition “for production of business records and things under Article 4.” (Code Civ. Proc., § 202.010.) “Any party may obtain discovery . . . by taking in California the oral deposition of any person, inclu...
2023.07.17 Motion to Vacate Dismissal and Enter Judgment 056
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.17
Excerpt: ...fendant Shaun Moody (“Defendant”). On January 17, 2023, the parties filed a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach. The case was dismissed without prejudice, and the Court retained jurisdiction pursuant to CCP § 664.6. Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment on June 12, 2023. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brou...
2023.07.17 Motion to Set Aside or Vacate Default, Judgment 474
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.17
Excerpt: ...019. Following Defendant's failure to file a responsive pleading, the Court entered their default on November 13, 2019, and default judgment on January 17, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on December 12, 2022. Plaintiff filed an opposition on December 30, 2022. The Motion initially came for hearing on January 5, 2023, at which time the Court continued the hearing to allow Defendant to file and serve...
2023.07.17 Demurrer 997
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.17
Excerpt: ...against Defendants Behringer Harvard Redwood, LLC, Greystar Worldwide, LLC, GS Redwood Property, LLC, Greystar California, Inc. and Does -1000, inclusive, asserting causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) nuisance, (5) violation of Cal. Business and Prof. Code section 17200 et seq., (6) negligence, and (7) fraudulent concealmen...
2023.07.13 Motion to Vacate Dismssal and Enforce Settlement Agreement 587
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.13
Excerpt: ...against Defendant Michelle Wilson (“Defendant”) asserting causes of action for (1) subrogation claim and (2) indebtedness. On December 13, 2021 the parties entered into a stipulation for a judgment against Defendant, whereby Defendant was to pay $80 every month beginning on December 12, 2021 (and due on the 12th of every month) until the amount of $6,268.69 was paid in full. The parties filed the stipulation with the Court on February 25, 202...
2023.07.13 Motion for Summary Judgment, Adjudication 939
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.13
Excerpt: ...fendant filed the instant Motion for Summary Judgment, or, in the alternative, Summary Adjudication against Plaintiff on April 26, 2023. Plaintiff filed an opposition on June 28, 2023. No reply was filed. Discussion Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., ¶1.) He further alleges he visited “Pizza Hut” located at 1219 N. Atlantic Blvd., Alhambra, California (“the ...

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