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2023.01.30 Motion for Terminating Sanctions 994
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.30
Excerpt: ... Plaintiff Joy Hider, by and through their guardian ad litem, Marvo Hider (“minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Megan Jill Seagren (“Defendant”) on November 8, 2021. On August 1, 2022, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories and Requests for Production, and Requests for Sanctions against Plaintiff. (Minute Order, 08/01/22.) Defendan...
2023.01.26 Motion for Attorney Fees 544
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.26
Excerpt: ...ch judgment was entered in Plaintiff's favor in the amount of $16,751.00 principal and $6,700.00 interest. (Minute Order, 09/27/22.) Plaintiff filed the instant Motion for Attorney's Fees on October 3, 2022. To date, no opposition has been filed. Discussion A prevailing party in entitled to recover costs, including attorneys' fees when authorized by contract. (Code Civ. Proc., § 1032, subd. (a)(4); § 1033.5, subd. (a)(10)(A).) Similarly, Code o...
2023.01.25 Motion for Leave to File Complaint 871
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.25
Excerpt: ...IED. ANALYSIS: On August 10, 2021, Plaintiff Maria Elena Mancia (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Aida Abnoosian (“Defendant”). Defendant filed an Answer on January 18, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on September 20, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file...
2023.01.19 Demurrer 017
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.19
Excerpt: ... against Defendants Om Foods Hollywood, Inc. (“Defendant Om Foods”) and Dipen Faldu (“Defendant Faldu”). The Complaint alleges a single cause of action for violation of section 51 of the Unruh Civil Rights Act (“the UCRA”). On November 29, 2022, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff filed a First Amended Complaint on December 1, 2022. Defendants filed Demurrer to the First Amended Co...
2023.01.18 Petition for Permanent Injunction 915
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.18
Excerpt: ...against Belen Mora (“Respondent”) on May 19, 2022. Proof of personal service of the Petition was filed on July 27, 2022. The Petition initially came for hearing on September 22, 2022 at which time the matter was continued to November 17, 2022 to allow Petitioner to demonstrate proper notice. (Minute Order, 09/22/22.) Petitioner filed a Notice of Continuance on September 22, 2022 and proof of service of the same on September 30, 2022. On Novem...
2023.01.13 Motion to Deem Cases Related, to Coordinate 594
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.13
Excerpt: ...ed the instant action for motor vehicle negligence against Defendant Vanessa Moreno (“Defendant”). On August 22, 2022, Plaintiff filed a Notice of Related Case with respect to Moreno v. Palmer, LASC Case No. 22STSC01555 (“the Small Claims action”). The Small Claims action was filed by Defendant against Plaintiff on April 22, 2022 and assigned to Department 1A. (LASC Case No., 22STSC01555, Plaintiff's Claim, 04/22/22.) On June 21, 2022, th...
2023.01.11 Petition to Confirm Arbitration Award 893
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.11
Excerpt: ...023. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Ameritas Investment Corporation (“Respondent”) on May 17, 2022. The Petition seeks to confirm the arbitration award issued on December 15, 2021 in favor of Petitioner, requiring expungement of all references to certain customer dispute informat...
2023.01.11 Motion to Enter Judgment Pursuant to Stipulation 674
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.11
Excerpt: ...e J. Andalon dba J. Andalon Trucking (“Defendant”) on April 15, 2019. On August 26, 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 day. (Order - Dismissal, 08/26/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforc...
2023.01.11 Motion for Leave to File Complaint 264
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.11
Excerpt: ...z (“Defendant”). Defendant filed an Answer on May 5, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on December 9, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross...
2023.01.10 Motion to Determine Bench Trial or Jury Trial 329
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.10
Excerpt: ...ant”). On August 5, 2019, Plaintiff filed the operative Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plainti...
2023.01.09 Motion for Summary Judgment, Adjudication 374
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.09
Excerpt: ...e 6, 2022, the Court granted Defendant's Motion for Leave to File a Cross-Complaint. (Minute Order, 06/06/22.) The Cross-Complaint, filed on July 12, 2022, alleged claims for equitable indemnification, misrepresentation and conversion against Cross-Defendant Valerie Wilburn (“Cross-Defendant”). Defendant filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on October 26, 2022. No opposition has been filed...
2023.01.09 Demurrer 009
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.09
Excerpt: ...Office of William H. Newkirk on August 1, 2022. Defendant filed a Demurrer to the Complaint on September 26, 2022. Prior to the hearing on the first Demurrer, Plaintiff filed the First Amended Complaint on October 13, 2022. Defendant filed the instant Demurrer to the First Amended Complaint on November 14, 2022. Plaintiff filed an opposition on December 21, 2022, and Defendant replied on December 30, 2022. Discussion The Demurrer is not accompani...
2023.01.05 Petition to Confirm Arbitration Award 258
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.05
Excerpt: ...issued in favor of Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) and against John Bernard and Josh Shacher (“Respondents”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on September 1, 2022. Proof of service of the Petition was filed on September 16, 2022. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the ...
2023.01.04 Motion for Attorney Fees 469
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.04
Excerpt: ...mplaint on September 15, 2021, dropping Emilia M. Rodriguez from the action. On January 10, 202, Defendant filed its Answer. The parties filed a Notice of Settlement on February 8, 2022 and requested entry of judgment pursuant to Code of Civil Procedure section 998 on May 26, 2022. Judgment on was entered on May 27, 2022. Plaintiff filed the instant Motion for Attorney's Fees and Costs on July 26, 2022. Defendant filed an opposition on October 17...
2023.01.03 Motion to Enter Judgment Pursuant to Stipulation 125
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.03
Excerpt: ...dant Alexis Quezada (“Defendant”) on March 4, 2020. On August 26, 2021, Plaintiff filed a copy of its 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 the next day. (Order for Settlement and Dismissal, 08/27/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Set...
2023.01.03 Motion to Compel Deposition, for Sanctions 783
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.03
Excerpt: ...AINTIFF'S COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $540.00 TO DEFENSE COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Heuston Carcamo (“Plaintiff”) filed the instant action for breach of settlement agreement against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) June 3, 2022. Defendant answered the Complaint on July 26, 2022. On December 6, 2022, Defendant filed the instant ...
2023.01.03 Motion for Summary Judgment 360
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.01.03
Excerpt: ... Defendant Unified Life Insurance Company (“Defendant”) on April 13, 2021. Defendant filed an Answer on June 9, 2021. On October 26, 2021, the action was reassigned to the Limited Jurisdiction Court. On October 10, 2022, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on December 8, 2022. Discussion The Complaint alleges causes of action for quantum meruit and breach of implied contract based on the foll...
2022.12.22 Demurrer 086
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.22
Excerpt: ... (“Defendants”). Defendants filed the instant Demurrer to the Complaint on October 21, 2022. Plaintiffs filed an opposition on November 3, 2022 and Defendants replied on November 8, 2022. Discussion The Complaint alleges causes of action for (1) fraud; (2) conspiracy to defraud; (3) breach of fiduciary duty; and (4) conversion. Defendants demur to the Complaint for failure to allege facts sufficient to state a cause of action. (Citing Code Ci...
2022.12.21 Motion to Compel Further Responses, for Sanctions 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.21
Excerpt: ...gree, or provide a list of three referees from which the Court will select the referee. Hearing on Appointment of Discovery Referee is CONTINUED TO JANUARY 17, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Procedural History 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 (“Defendan...
2022.12.20 Motion to Strike Punitive Damages 991
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.20
Excerpt: ...amages on August 15, 2022. No opposition has been filed to date. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Procedure section 436. The Motion is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 435.5. (Motion, Palmer Decl., ¶¶3-4.) Defendant moves to strike the allegations and prayer for punitive damages on the grounds tha...
2022.12.20 Motion for Judgment on the Pleadings 332
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.20
Excerpt: ...fendant Doris Anderson (“Defendant”). Defendant filed the instant response to the Petition, entitled “Demurrer to Plaintiff's Complaint” on June 16, 2022. However, the “Demurrer” is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court will treat the Motion as one for judgment on the pleadings. The Motion for Judgment on the Pleadings initially ...
2022.12.19 Motion to Vacate Sister State Judgment 261
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.19
Excerpt: ...inst Judgment Debtor Nathaniel D. Hayes (“Judgment Debtor”). The Application for Entry of Sister-State Judgment and Notice of Entry of Judgment were personally served on Judgment Debtor on August 25, 2022. (Proof of Service, filed 10/10/22.) On October 12, 2022, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. Judgment Creditor filed an opposition on October 28, 2022. The Motion was initially set for hearing on Novemb...
2022.12.19 Motion to Consolidate 230
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.19
Excerpt: ... Enterprises, Inc. (“Plaintiff”) filed the instant action challenging a citation issued against it by the California Department of Public Health (“Defendant”) on June 22, 2020. Defendant CDPH filed an Answer on September 15, 2020. On December 3, 2021, Plaintiff filed another action against Defendant, in LASC Case No. 21STLC08555. Defendant filed the instant Motion to Consolidate the actions on November 7, 2022. Plaintiff filed an oppositi...
2022.12.19 Motion for Judgment on the Pleadings 650
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.19
Excerpt: ...igue Law Group (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendant Maria A. Gonzalez, by and through her Guardian Ad Litem, Rosie Samples (“Defendant”) on December 7, 2021. Defendant answered on March 4, 2022 and filed the instant Motion for Judgment on the Pleadings on November 21, 2022. Plaintiff filed an opposition on December 8, 2022 and Defendant replied on December 12, 2022. Legal Standard The s...
2022.12.15 Petition to Confirm Arbitration Award 260
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.15
Excerpt: ...st Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. The Petition initially came for hearing on October 20, 2022 and was continued to allow Petitioner to demonstrate proper service of the papers on Respondents. Petitioner filed a proof of service on the same date, then a declaration regarding service on November 10, 2022, and a Notice of Petition and proof of service on November 15, 2022. No r...

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