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2022.04.27 Motion for Attorney Fees 556
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.27
Excerpt: ...nt Creditor”) and against Judgment Debtor Alejandro Silva (“Judgment Debtor”). (RJN, Exh. 2.) The judgment was entered in the amount of $2,325.15, based on a principal amount of $1,124.15, costs of $186.00, and attorney's fees of $1,015.00 (the “Judgment”). (Id. at ¶¶ 1-2.) The Court also awarded “all reasonable costs and attorneys' fees incurred by [Judgment Creditor] after entry of this judgment in collecting the amounts listed in...
2022.04.25 Motion to Vacate Renewal of Judgment and Dismiss Action 405
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.25
Excerpt: ...Court entered default judgment on October 7, 2009. The judgment was renewed on September 12, 2019. On March 1, 2022, the Court denied Plaintiff's first Motion to Vacate Renewal of Judgment and Dismiss Action with Prejudice without prejudice. (Minute Order, 03/01/22.) Plaintiff filed the instant Motion to Vacate Renewal of Judgment and Dismiss Action with Prejudice (“the second Motion to Vacate Renewal of Judgment”) on March 10, 2022. The seco...
2022.04.25 Motion for Summary Judgment, Adjudication 914
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.25
Excerpt: ...ANALYSIS: On January 8, 2016, Plaintiffs Garret Adelman and Justin Adelman (“Plaintiffs”) filed the instant action for violation of rent stabilization ordinances against Defendants Jerome Adelman, Trustee of The Dolores Adelman Separate Property Trust, Delores Adelman Aka Dolores Adelman, and The Estate Of Delores Adelman (“Defendants”). On May 10, 2016, the Court granted Defendants' Motion to Expunge Lis Pendens. (Order Expunging Notice ...
2022.04.21 Motion to Vacate Judgment 930
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.21
Excerpt: ...GELES SUPERIOR COURT RULES AND CALIFORNIA RULES OF COURT. ANALYSIS: On September 30, 2014, National Commercial Recovery, Inc. (“Plaintiff”) filed the instant collections action against Defendants So Cal Green Produce Corp., Calgreen Produce Corp., Amin Douraghi, Feras Mohammad and Frank Shalabi. Defendant Douraghi's Answer was filed on December 29, 2014. Following the trial, at which no Defendant appeared, judgment was entered in Plaintiff's ...
2022.04.20 Motion to Dismiss for Failure to Prosecute 106
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.20
Excerpt: ...onal service of the Summons and Complaint was filed on March 13, 2018. Defendant defaulted on March 13, 2018 and the Court set an order to show cause re entry of default judgment/dismissal for December 12, 2019. (Minute Order, 06/25/19.) The order to show cause was continued to June 6, 2020 at Plaintiff's request, and then again to March 9, 2021 on the Court's order. (Minute Order, 12/12/19; Notice of Continuance, 04/02/20.) Following Plaintiff's...
2022.04.20 Motion to Continue Trial Date 775
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.20
Excerpt: ...tiff filed an ex parte application to continue the trial date on August 26, 2021, which was denied. At the August 30, 2021 trial date, however, Plaintiff represented that they would be obtaining an attorney and the Court continued the trial to April 25, 2022. (Minute Order, 08/30/21.) Plaintiff filed the instant Motion to Continue Trial Date on April 1, 2022. No opposition has been filed to date. Discussion First, the Motion is not accompanied by...
2022.04.19 Motion for Sanctions 672
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.19
Excerpt: ...d (2) Violation of Vehicle Code § 5753 Failure to Deliver Certificate of Ownership. The action pertains to the sale of a used 2015 Chevrolet Silverado 1500 (“the Vehicle”). On October 13, 2020, the Court sustained Defendant's demurrer to the Complaint with leave to amend. (Minute Order, 10/13/20.) Plaintiff filed the First Amended Complaint on November 2, 2020. The First Amended Complaint added causes of action as follows: (1) Negligence Per...
2022.04.14 Petition to Confirm Arbitration Award 589
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.14
Excerpt: ...r.”) (See Pet., Exh. 1.) On October 29, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on March 4, 2022 and ordered Petitioner to give notice. On February 28, 2022, the Court continued the hearing to March 17, 2022 and ordered Petitioner to give notice. At the initial hearing on March 17, 2022, the Court found that Petitioner had not given Respondent notice o...
2022.04.14 Motion to Vacate Default, Judgment, to Quash Service of Summons, to Stay Execution of Judgment 832
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.14
Excerpt: ...erve his Answer within 20 court days of this Order. ANALYSIS: Plaintiff Leticia Martinez (“Plaintiff”) filed the instant action against Defendant Jaime Flores (“Defendant”) on July 25, 2019. Following Defendant's failure to respond, the Court entered default on January 09, 2020. Thereafter, the Court entered judgment against Defendant on February 10, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on Februa...
2022.04.14 Motion for Terminating Sanctions 953
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.14
Excerpt: ...d Defendant's motions to compel responses to request for production of documents and interrogatories. (Minute Order, 11/18/21.) Defendant filed the instant Motion for Terminating Sanctions on January 19, 2022. Plaintiff filed an opposition on March 28, 2022. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subds....
2022.04.12 Motion for Leave to Amend Pleading 514
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.12
Excerpt: ...22, the Court denied Plaintiff's ex parte application to continue the trial date. (Minute Order, 01/13/22.) When the action came for trial on March 3, 2022, the Court found the parties had not complied with the trial requirements. (Minute Order, 03/03/22.) The parties stipulated to continue the trial date to May 26, 2022. (Ibid.) Plaintiff filed the instant Motion for Leave to File First Amended Complaint on January 14, 2022. No opposition has be...
2022.04.11 Motion for Summary Judgment 924
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.11
Excerpt: ...dants”) on October 21, 2020. On March 16, 2022, the Court denied Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication. (Minute Order, 03/16/22.) Plaintiff filed the instant Motion for Summary Judgment on January 5, 2022. Defendants filed an opposition on March 4, 2022 and Plaintiff filed a reply separate statement on March 14, 2022. At the hearing on March 21, 2022, the Court continued the matter to allow the par...
2022.04.07 Motion for Summary Judgment, Adjudication 166
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.07
Excerpt: ...icas, 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. Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on November 17, 2021. On February 3, 2022, the Court granted Plaintiff's ex ...
2022.04.07 Motion for Attorney Fees 151
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.07
Excerpt: ... Community Association (“Plaintiff”) and against Defendants Elvira Telles and John Doe Telles (“Defendants”) in Greenway Parc at Surprise One Community Association v. Elvira Telles and John Doe Telles, Case No. CC2013-187257. The default judgment was entered in the principal sum of $3,363.36, attorney's fees of $1,330.00, and costs of $292.72. (Motion, RJN, Exh. 2.) On September 13, 2016, this Court entered judgment based on the sister- s...
2022.04.06 Motion for Attorney Fees 065
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.06
Excerpt: ...l installment sales contract (“RISC”) against Defendant Victor Lucero dba Blue Diamond Auto (“Defendant”). Default was entered against Defendant on September 17, 2018, then vacated by stipulation on December 16, 2019. Plaintiff's motion for summary judgment, or in the alternative, summary adjudication was granted on July 8, 2020. (Minute Order, 07/08/20.) The Court entered judgment in Plaintiff's favor on August 27, 2020 in the amount of ...
2022.04.06 Demurrer 081
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.06
Excerpt: ...murrer to the Complaint on February 10, 2022. The Demurrer came for hearing on March 15, 2022, at which time Plaintiff appeared and sought a continuance. (Minute Order, 03/10/22.) On the same date, Plaintiff filed a document entitled “Strike the Demurrer.” The hearing was continued to April 6, 2022. (Ibid.) Discussion Defendant demurs to the Complaint for failure to allege sufficient facts to state a cause of action, uncertainty. (Code Civ. P...
2022.04.05 Petition to Compel Arbitration and Stay Proceedings 941
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.05
Excerpt: ...cal Marketing, Inc. (“Plaintiff”) filed this action for breach of contract against Defendant Dr. Anita Mandal (“Defendant”). Defendant filed the instant Motion to Compel Arbitration (“the Motion”) on December 22, 2021. No opposition has been filed to date. Discussion The Motion is brought pursuant to California's arbitration provision, Code of Civil Procedure section 1281, et seq., which states in relevant part: “On petition of a pa...
2022.04.04 Motion for Summary Judgment 672
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.04
Excerpt: ... Dental”) (collectively, Defendants”) on April 5, 2021. Defendant Singh Dental filed an Answer to the Complaint on October 12, 2021. Plaintiff filed the instant Motion for Summary Judgment on February 8, 2022. Defendants filed an opposition on February 17, 2022. Plaintiff had filed a request to postpone the hearing on March 2, 2022. When the Motion initially came for hearing on March 3, 2022, the Court acknowledged the request to postpone, he...
2022.04.04 Motion for Attorney Fees 289
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.04
Excerpt: ...ruled that judgment was to be entered in Plaintiff's favor in the principal amount of $7,917.00 plus costs to be determined by memorandum of costs. (Minute Order, 10/12/21.) The Court further ordered that attorney's fees would be determined pursuant to a noticed motion. (Ibid.) Plaintiff filed a Memorandum of Costs on November 2, 2021. Judgment was entered on November 18, 2021. Plaintiff filed the instant Motion for Attorney's Fees on December 6,...
2022.04.04 Demurrer, Motion to Strike 341
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.04.04
Excerpt: ... CROSS- COMPLAINT IS DEEMED MOOT. Cross-Complainant Joseph Bendix IS TO FILE THE THIRD AMENDED CROSS-COMPLAINT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On December 10, 2020, Plaintiff Giavanna Whited filed the Complaint in this action against Defendants Joseph Bendix, Nancy Nelson and Essex Property Trust, Inc. Joseph Bendix (hereinafter Cross-Complainant”) filed a Cross-Complaint against Giavanna Whited (“Cross-Defendant”) on October 18, 20...
2022.03.30 Petition to Compel Arbitration and Stay Proceedings 722
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.03.30
Excerpt: ... entered against Defendant on May 30, 2013, and a default judgment was entered against her on June 17, 2014. On January 30, 2019, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”) under Code of Civil Procedure section 473, subdivision (d) for lack of personal jurisdiction. On February 26, 2019, the court granted Defendant's unopposed Motion to Vacate Default and Default Judgment. (Minute Order, 02/26/19.) The Cour...
2022.03.30 Motion for Leave to File Complaint 102
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.03.30
Excerpt: ...IN CONFORMITY OF CODE OF CIVIL PROCEDURE SECTION 403.030. ANALYSIS: On December 14, 2020, Heidari Law Group, APC (“HLG”) filed the instant interpleader action against Maria Jimenita Castillo-Sevilla, Diego Tellez Mejia, Jocelyn Tellez (“the Clients”) and Thomas Martin Honka, D.C. dba Honka Chiropractic Pain Relief Clinic (“Honka”). Honka filed a Cross-Complaint against HLG on February 3, 2021. HGL and the Clients filed the instant Mot...
2022.03.29 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 600
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.03.29
Excerpt: ...17. On March 6, 2020, Plaintiff filed a copy of the parties' stipulated settlement agreement with a request to dismiss the action pursuant to Code of Civil Procedure section 664.6. The Court entered an order dismissing the case and retaining jurisdiction pursuant to Code of Civil Procedure section 664.6 on the same date. (Order Re Settlement, 03/06/20.) On December 22, 2020, Plaintiff filed the first Motion to Vacate Dismissal and Enter Judgment ...
2022.03.28 Motion for Summary Judgment, Adjudication 497
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.03.28
Excerpt: ...Court granted Plaintiff's (1) Motion for Order Compelling Defendant Nico N. Tabibi's Further Responses to Request for Admission and Request for Sanctions; and (2) Motion for Order Compelling Defendant Nico N. Tabibi's Further Responses to Request for Production of Documents, Set One, and Request for Sanctions. (Minute Order, 01/28/21.) Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on Novembe...
2022.03.28 Motion for Leave to File Complaint 388
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.03.28
Excerpt: ...”). The Complaint alleges that Defendants should not have prescribed Plaintiff the medication Baclofen, which caused him to suffer an adverse reaction. (Compl., ¶13.) On April 22, 2019, the Court granted Plaintiff leave to file the First Amended Complaint, which added Defendants YM Drugs (“Defendant YM Drugs”) and Yvetta Mkroyan (“Defendant Mkroyan”) (collectively, “Moving Defendants”). Moving Defendants filed their Answer to the F...

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