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2023.10.17 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 927
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.17
Excerpt: ... Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Celia Janeth Garcia (“Defendant”). On July 19, 2022, 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 07/19/22.) On September 13, 2023,...
2023.10.16 Motion to Vacate Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.16
Excerpt: ... about December 14, 2018 that led to permanent spinal cord injuries. On February 24, 2021, Plaintiff named Taher Saifullah as Doe 1 and Reginald Ajakwe as Doe 2. The matter proceeded to arbitration between Plaintiff (on one side) and Dr. Saifullah and Dr. Ajakwe (“Defendants”) (on the other). The arbitration was based on a contract that included a provision that states: “Any party may bring before the arbitrators a motion for summary judgme...
2023.10.16 Motion to Quash Subpoenas 782
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.16
Excerpt: ...ourt GRANTS Boren's request for sanctions. Background This is a personal injury case arising out of an automobile collision that occurred on December 22, 2017, in Torrance, California. On December 12, 2019, Plaintiffs Rommi Lynn Boren (“Boren”), Cooper Soto (a minor), and Parker Soto (also a minor) (collectively, “Plaintiffs”) filed a complaint asserting causes of action for motor vehicle negligence and negligence against Defendants Laura...
2023.10.12 Motion to Vacate Default, Judgment, to Quash Service of Summons of Complaint 326
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...G EXHIBITS DEMONSTRATING HIS HOME ADDRESS, USUAL PLACE OF ABODE, USUAL PLACE OF BUSINESS, AND USUAL MAILING ADDRESS AT THE TIME OF THE PURPORTED SUBSTITUTE SERVICE IN THIS ACTION. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: On August 30, 2021, Plaintiff Lauren Michelle Chase (“Plaintiff”) filed the instant action against Defendant Bryan Kennedy Seals (“Defendant”). Plaintiff filed proof of substitute service of the S...
2023.10.12 Demurrer, Motion to Strike 287
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...aintiff”) brought this action for quantum meruit and breach of contract against Defendant Blue Cross of California dba Anthem Blue Cross (“Defendant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended ...
2023.10.12 Demurrer 289
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...ant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.11 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 301
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ance Company (“Plaintiff”) filed this subrogation action against Defendant Jessica Summer Doolan (“Defendant”). On July 28, 2021, 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 07/28/21.) On December 21, 2021, Plaintiff filed...
2023.10.11 Motion for Attorney Fees 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ct (“the RFDCPA”), Cal. Civ. Code § 1788, et seq. and the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. against LVNV Funding, LLC (“Defendant LVNV”), The Law Offices of Harris and Zide, LLP, and Capital One, N.A (“Defendant Capital One”), on January 3, 2023. The Complaint mentions that Defendants' conduct also violated the federal Fair Debt Collection Practices Act (“the FDCPA”) but does not bring a ...
2023.10.11 Demurrer 609
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ant”) on December 27, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.11 Demurrer 286
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.10 Motion to Tax Costs 597
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.10
Excerpt: ...2001 FBO Vicki Rider (“Defendant Rider”) and Terry Holden As Trustee Of The Marlem F. Mason And Helen A. Mason Revocable Trust Dated June 26, 2001 FBO Terry Holden (“Defendant Holden”) (collectively, “Defendants”). The case came for trial on June 5, 2023, at which time the trial court entered judgment in Plaintiff's favor in the amount of $4,000.00. (Minute Order, 06/05/23.) Plaintiff filed a memorandum of costs on June 12, 2023 and a...
2023.10.10 Motion to Enforce Settlement and Enter Judgment 089
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.10
Excerpt: ...ssbaum, APC (“Plaintiff”) filed the instant action against Defendant Mary E. Bennett (“Defendant”). On the trial date of May 3, 2023, both parties appeared and represented that the case had been settled. (Minute Order, 05/03/23.) The terms were read into the record as follows: “Defendant has 30 days to pay $5,753.89 if not they will have to pay the full amount; each party shall pay its own costs and fees; and once the payment is complet...
2023.10.09 Demurrer, Motion to Strike 091
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.09
Excerpt: ...d the instant action for breach of contract and common counts against Defendant Garnik Badalyans (“Cross-Complainant”) on December 6, 2022. Cross- Complainant filed a Cross-Complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against Cross-Defendant, on January 20, 2023. On June 29, 2023, the Court sustained Cross-Defendant's demurrer to the Cross-Complaint with leave to amend. (Minute Ord...
2023.10.05 Motion for Attorney Fees 314
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ... JUDGMENT. ANALYSIS: On October 1, 2020, Plaintiff CMG Mortgage, Inc. dba CMG Financial (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Byron Enriquez (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 23, 2022. (Minute Order, 03/23/22.) The case came for trial on April 1, 2022, after which the Court enter...
2023.10.05 Motion for Attorney Fees 311
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...S: On October 1, 2020, Plaintiff CMG Mortgage, Inc. dba CMG Financial (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Cristina McDonald (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 21, 2022. (Minute Order, 03/21/22.) The case came for trial on April 1, 2022, after which the Court entered judgment in ...
2023.10.05 Demurrer 941
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...n the parties that would obligate Defendant to pay $22,401.00. OPPOSITION: The terms of the parties' contract are clearly alleged according to its legal effect, as is the manner in which Defendant breached the agreement. The Complaint also alleges that Defendant became indebted to Plaintiff on an open book account for work and services rendered. The demurrer is vague, uncertain and ambiguous. REPLY: The Complaint does not allege the material term...
2023.10.05 Motion to Vacate Default, Judgment, to Quash Service 404
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...EET COURTHOUSE. ANALYSIS: On February 13, 2020, Plaintiff Prime Point Contracting, Inc. (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Araksya Dulbenchyan (“Defendant”). Plaintiff filed proof of personal service of the Summons and Complaint on February 15, 2022. When Defendant failed to file a responsive pleading, Plaintiff obtained their default on June 6, 2022. The Court set an Order to Show Cause...
2023.10.04 Motion to Vacate Dismissal and Enter Judgment 878
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...23, 2019. On February 1, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/01/21.) On the April 26, 2021 trial date, the parties appeared and represented that the action had settled. (Minute Order, 04/26/21.) On June 29, 2021, Plaintiff filed a Notice of Settlement, and the Order to Show Cause Re: Status of Settlement and Dismissal held on the same day was continued to August 10, 2021. (Minute Order, 06/29/21.)...
2023.10.04 Motion for Summary Judgment 773
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...an answer on December 7, 2022. On July 10, 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 contract. (Compl., p. 3.) Plaintiff alleges that the parties entered into a note (“the Note”) secured by a deed of trust (“the Deed of Trust”) that required Plaintiff to pay Defendant $400,000.00 on or before January 1, 2023, ...
2023.10.02 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 119
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...CIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON FEBRUARY 2, 2022. ANALYSIS: On February 4, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant Danny Martinez aka Danny Lopez Martinez (“Defendant”). On October 25, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and rete...
2023.10.02 Motion for Reconsideration 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...n violation of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action is for...
2023.10.02 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...er, Decision, or Award of the Labor Commissioner. On January 7, 2021, Petitioner filed a Notice of Assignment of Judgment, naming Creative Recovery Concepts, Inc. (“Judgment Assignee”) as Assignee of Record. On August 5, 2021, Judgment Assignee filed an Application and Order for Appearance and Examination, which was set for hearing on February 7, 2022. On February 7, 2022, counsel for Respondent appeared and indicated that a Motion to Quash h...
2023.09.28 Motion to Vacate Dismissal and Enter Judgment 413
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...RINCIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON JUNE 2, 2021. ANALYSIS: On January 14, 2021, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant 3132 East Pico LLC aka LLC 3132 East Pico (“Defendant”). On May 5, 2021, Plaintiff filed a copy of the parties' stipulated settlement agreement. On August 9, 2023, Plaintiff ...
2023.09.28 Motion to Vacate Dismiss and Enter Judgment 426
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...AL PLUS SEVEN (7) PERCENT INTEREST PER ANNUM FROM SEPTEMBER 2, 2021. ANALYSIS: On August 31, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this subrogation action against Defendant Kyle Anderson (“Defendant”). On July 28, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Ci...
2023.09.27 Motion for Relief from Admissions 584
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...1. Defendant filed an Answer on June 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.) On June 6, 2023, the Court granted Plaintiff's Motion for Judgment on the Pleadings, based on the admissions. (Minute Order, 06/0...
2023.09.27 Petition to Release Mechanic's Lien 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...er Felix, LLC (“Petitioner”), filed a Petition for Release of Mechanic's Lien against Respondent Global Plumbing & Fire Supply (“Respondent”) on March 30, 2023. The Petition came for hearing on August 3, 2023, at which time the Court ordered Petitioner to file and serve an Amended Petition that included a legal description of the property that is subject to the lien. (Minute Order, 08/03/23.) Petitioner filed an Amended Petition on August...
2023.09.27 Motion to Compel Further Responses, for Sanctions 185
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...nts, Set 2, and for Sanctions, are DENIED. ANALYSIS: On August 1, 2019, Plaintiffs Antonio Cabral and Patricia Cabral (“ Plaintiffs”) filed this action for trespass, trespass to chattles, and conversion against Defendant Carlos M. Quintana (“Defendant Quintana”). Plaintiffs filed a First Amended Complaint on March 5, 2020 adding Quint Tax Services Corporation as a defendant, and causes of action for nuisance and negligence. Defendant Quin...
2023.09.27 Motion to Vacate Entry of Default 517
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...iolations against Defendants Bipin Gala (“Defendant Gala”) and Yvonne Magana aka Ibon Magana (“Defendant Magana”) on June 1, 2023. Defendant Magana filed an answer on August 7, 2023. Following Defendant Gala's failure to file a responsive pleading, the Court entered their default on August 11, 2023. Defendant Gala filed the instant Motion to Vacate Default on August 29, 2023. On August 31, 2023, Plaintiff filed only evidentiary objections...
2023.09.26 Motion to File Supplemental Cross-Complaint 458
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.26
Excerpt: ...ril 4, 2019, Cross-Complainant filed a Cross-Complaint against Cross-Defendant. The Court granted Cross-Defendant's Motion to Deem Requests for Admission Admitted Against Cross- Complainant on November 7, 2019. However, the Court denied Cross-Defendant's Motion for Terminating Sanctions on July 8, 2020. The matter came for trial on September 3, 2020 and the Court continued the trial date to July 8, 2021. Due to there being no judge available for ...
2023.09.18 Petition to Confirm Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.18
Excerpt: ... STATUTORY REQUIREMENTS. ANALYSIS: Petitioner Jerome St. Martin (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 2023. No response to the Petition 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 ...
2023.09.14 Petition to Confirm Arbitration Award 369
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...OF THIS ORDER. ANALYSIS: Petitioner Stephanie Granato, Esq. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Boku International, Inc. (“Respondent”) on April 27, 2023. The Petition was initially set for hearing on August 31, 2023 but was continued prior to the hearing date to September 14, 2023. (Notice Re: Continuance of Hearing, 05/30/23.) No response to the Petition has been filed to date. Legal...
2023.09.14 Demurrer, Motion to Strike 319
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...ALYSIS: Plaintiff Gizella Wade (“Plaintiff”) filed the instant action for habitability violations, nuisance, negligence, and breach of contract against Defendants LA Housing Solutions, LLC, Peerless Apartments, LLC, and Marc A. Schneider (“Defendants”) on April 10, 2023. Defendants filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. Plaintiff filed oppositions on August 31, 2023 and Defendants r...
2023.09.12 Motion for Summary Judgment, Adjudication 720
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.12
Excerpt: ...ts Ammie Laverne Freeman (“Defendant Freeman”), Tamara Kirk (“Defendant Kirk”), AVIS Budget Car Rental, LLC, and AVIS Rent A Car System, LLC (“the AVIS Defendant”) on June 23, 2022. The AVIS Defendants filed an answer on September 14, 2022. Plaintiff's applications for service by publication upon Defendants Freeman and Kirk were rejected by the Court on February 1, 2023. The AVIS Defendants filed the instant Motion for Summary Judgmen...
2023.09.07 Motion to Compel Responses 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ... TO MODIFY THE FEBRUARY 28, 2023 ORDER IS DENIED. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed 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 served a Subpoena Duces Tecum for Personal Appeara...
2023.09.07 Motion for Judgment on the Pleadings 512
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ...rance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Maricela Avila (“Defendant”). On December 5, 2022, the Court granted Plaintiff's motion to compel responses to form interrogatories and request for monetary sanctions. (Minute Order, 12/05/22.) The Court also granted Plaintiff's motion for issue sanctions against Defendant on April 24, 2023. (Minute Order, 04/26/23.) Plaintiff filed the instant Moti...
2023.09.06 Motion to Reclassify 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...tion of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third, and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action was for brea...
2023.09.06 Motion to Enter Judgment Pursuant to Stipulation 989
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...ATE DISMISSAL AND ENFORCE SETTLEMENT. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Marine Charchyan and Avetik Charchyan (“Defendants”) on June 15, 2020. Defendants filed answers on September 28, 2021. The matter came for trial on September 19, 2022, at which time the parties represented that the case had settled. (Minute Order, 09/1...
2023.08.31 Motion to Vacate Judgment 808
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...e for trial on August 11, 2022, at which time Defendant did not appear. (Minute Order, 08/11/22.) Following Plaintiff's showing, the Court entered judgment in its favor. (Ibid.) Defendant filed the instant Motion to Vacate Judgment on March 8, 2023. Plaintiff filed an opposition on March 27, 2023. The case was then transferred to the limited jurisdiction court on May 1, 2023. (Minute Order, 05/01/23.) Discussion Defendant brings this motion pursu...
2023.08.31 Motion to Continue Trial Date 542
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...tion against Defendant Yulio Coleman (“Defendant”) on April 14, 2022. However, Defendant was only served with the Summons and Complaint on June 4, 2023. Defendant filed an answer on June 30, 2023 and the instant Motion to Continue Trial on July 17, 2023. Plaintiff filed an opposition on August 18, 2023. Discussion “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The Court ...
2023.08.29 Petition to Confirm Arbitration Award 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...itration Award (the “Petition”) against Respondent Sergio Duarte (“Respondent”), on March 9, 2023. The Court initially set the hearing on the Petition for July 13, 2023, then advanced the date at Petitioner's request to June 6, 2023. (Notice of Hearing, 03/09/23.) Petitioner filed two requests for entry of default that have been rejected by the clerk's office. No response to the Petition has been filed to date. Legal Standard “Any party...
2023.08.29 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 378
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ompany (“Plaintiff”) filed the instant action for automobile subrogation against Rudy Santos on April 5, 2019. On July 1, 2019, Plaintiff added Defendant Santos Rudi Vaquerano (“Defendant”) and dismissed Rudy Santos on July 11, 2019. 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 on October 1, 2020. The Court dismissed the a...
2023.08.29 Motion for Summary Judgment, Adjudication 896
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...fendant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted ...
2023.08.29 Motion for Sanctions 929
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ight”). Plaintiff filed a first amended complaint on March 29, 2023, alleging a single cause of action for violation of the Unruh Civil Rights Act (“the UCRA”). Defendants filed an answer on May 25, 2023 and the instant Motion on July 14, 2023. Plaintiff filed an opposition on August 16, 2023, and Defendants replied on August 22, 2023. Evidentiary Objections Defendants' evidentiary objections to Plaintiff's declaration are overuled. Defenda...
2023.08.10 Petition to Vacate Arbitration Award 076
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...e Reed and the Law Offices of Lorden and Reed (“Respondents”). Proof of substitute service of the Petition and Notice of Hearing was filed with the Court on April 14, 2023. No response has been filed to date. Discussion Petitioner contends the arbitration award issued on March 13, 2023 by Keith G. Wileman (“the arbitrator”) must be vacated because (1) the award was obtained by corruption, fraud, or other unfair means; (2) the arbitrator w...
2023.08.10 Petition to Confirm Arbitration Award, to Correct Award 680
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...TS. INTEREST SOUGHT IS TO BE SET FORTH AS A CALCULATION IN THE PROPOSED JUDGMENT. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On March 2, 2023, Petitioner One Ring Networks, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Paul Sagoo (“Respondent”). Respondent filed a response in the form of a Petition to Correct or Vacate Arbitration Award on April 26, 20...
2023.08.10 Motion to Vacate Renewal of Judgment 676
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...o file a responsive pleading, default judgment was entered on August 12, 2003. The judgment was renewed on July 10, 2013 and May 25, 2023. Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on July 12, 2023. Judgment Creditor filed an opposition on July 27, 2023 and Judgment Debtor replied on August 2, 2023. Evidentiary Objections Judgment Debtor's evidentiary objections to the declaration of William J. Hamilton in support of ...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 799
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...fendant”) on June 6, 2018. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502. The parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolidate, filed 02/11/20.) On April 23, 2020, 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 C...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 070
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...ecember 3, 2019. Defendant filed an answer on January 9, 2020. On July 7, 2020, 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 denied the request on the same date. (Stip for Entry of Judgment and Order, 07/07/20.) On September 22, 2020, the Court entered Defendant's dismissal from the Complaint without prejudice, pu...
2023.08.10 Demurrer 344
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...lein (“Plaintiffs') filed this action against Defendant Santana Cycles, Inc. dba Santana Adventures (“Defendant”) on October 11, 2022. Defendant filed a Demurrer to the Complaint on March 21, 2023, which was set for hearing on May 9, 2023. Following transfer of the action to the limited jurisdiction court, Defendant filed a reply on June 20, 2023. Plaintiffs filed an opposition on July 28, 2023, which was previously served on Defendant on M...
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...
2023.08.09 Motion to Vacate Dismissal 364
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...ion against Defendant Miguel A. Jimenez (“Defendant”) on March 10, 2020. Defendant filed an answer on September 24, 2020. On March 10, 2022, 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 on the same date. (Stip for Entry of Judgment and Order, 03/...
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 ...
2023.07.12 Motion for Attorney Fees 770
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.12
Excerpt: ...ises, Inc. (“Defendant” or “Cross-Complainant”). On August 30, 2019, Defendant filed an answer and a cross-complaint against Cross-Defendant. On November 2, 2021, judgment was entered for Cross-Complainant and against Cross-Defendants in the statutorily prescribed maximum amount of $25,000. On January 27, 2023, the Appellate Division affirmed this Court's judgment and issued the Remittitur on April 4, 2023. Cross-Complainant filed the ins...
2023.07.11 Motion for Summary Adjudication, for Judgment or Adjudication 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.11
Excerpt: ...led 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”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, th...
2023.07.06 Petition to Confirm Arbitration Award 672
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.06
Excerpt: ... 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 award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the aw...
2023.07.06 Motion to Vacate Dismissal 924
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.06
Excerpt: ...�) filed the instant action for motor vehicle negligence and personal injury against Defendant Sasha Nicole Preston-Suni (“Defendant”). The matter was set for trial on February 23, 2021. Following Plaintiff's failure to appear, the Court dismissed the action without prejudice. (Minute Order, 02/23/21.) On June 10, 2021, the Court granted Plaintiff's motion to vacate the dismissal and set an order to show cause regarding failure to file proof ...
2023.07.06 Motion to Quash 984
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.06
Excerpt: ...stimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other orders as may be appropriate to protect the person from unreasonable or oppressive ...
2023.07.06 Motion to Compel Further Responses, for Sanctions 154
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.06
Excerpt: ...y may move for an order compelling a further response if the propounding party deems that the responses are evasive, incomplete, an objection is without merit or too general. (Code of Civ. Proc., § 2031.310, subd. (a).) A motion for an order compelling further responses shall be accompanied by a meet and confer declaration (Code of Civ. Proc., § 2031.310, subd. (b)(2)), and notice of the motion shall be given within 45 days of the service of th...
2023.07.06 Petition to Confirm Arbitration Award 680
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.06
Excerpt: ...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 award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.) A response to ...
2023.07.03 Petition to Confirm Arbitration Award 619
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.03
Excerpt: ...ITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Christian Warren (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Benjamin Chavez (“Respondent”), on February 27, 2023. No response to the Petition 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 sha...
2023.07.03 Motion for Attorney Fees 190
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.03
Excerpt: ...t Debtors Mohammad Bhola and Jane Doe Bhola, whose true name is Malika Bhola (“Judgment Debtors”) on January 17, 2019. The Court entered judgment in the total amount of $5,996.18 the same day. On March 4, 2020, the Court granted Judgment Creditor's motion to amend the judgment to reflect the correct amount of attorney's fees and costs awarded in the Sister State judgment. The amended judgment was signed on September 24, 2020. Judgment Credito...
2023.06.29 Motion to Enter Judgment Pursuant to Stipulation 360
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.29
Excerpt: ...tion against Defendant Ashley Nasha Young (“Defendant”) on November 22, 2021. Defendant filed an answer on January 25, 2022. On October 17, 2022, 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 on December 14, 2022. (Order for Dismissal, 12/14/22.) ...
2023.06.29 Motion for Relief from Dismissal of Costs, for Attorney Fees 311
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.29
Excerpt: ...instant action for breach of contract and common counts against Defendant Cristina McDonald (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 21, 2022. (Minute Order, 03/21/22.) The case came for trial on April 1, 2022, after which the Court entered judgment in Plaintiff's favor in the amount of $20,720.00 plus pre- and post- judgment interest, attorney's fe...
2023.06.29 Demurrer, Motion to Strike 091
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.29
Excerpt: ...led the instant action for breach of contract and common counts against Defendant Garnik Badalyans (“Cross-Complainant”) on December 6, 2022. Cross- Complainant filed a cross-complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against Cross-Defendant, on January 20, 2023. Cross-Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the Cross-Complaint on February 1, 20...
2023.06.28 Motion for Summary Judgment, Adjudication 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.28
Excerpt: ...ant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on Oct...
2023.06.28 Motion for Attorney Fees 910
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.28
Excerpt: ...Plaintiff”) filed the instant action for breach of contract and common counts against Defendants ADS Monoply, LLC dba The Executive Co., The Executive Cut and Shave, LLC (collectively, “Defendant ADS”) and John Carnevali (“Defendant Carnevali”) on February 2, 2021. Plaintiff filed the First Amended Complaint on February 11, 2021. Defendant Carnevali filed an Answer on April 20, 2021. On June 23, 2021, the Court sustained Plaintiff's dem...
2023.06.28 Motion to Vacate Renewal of Judgment 548
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.28
Excerpt: ... to Fidelity Creditor Service, Inc. (“Fidelity Creditor”), then renewed again on December 21, 2012, and most recently on November 17, 2022. Also on November 17, 2022, the judgment was assigned to Fidelity Capital Holdings, Inc. dba Fidelity Creditor Service, Inc. (“Fidelity Capital”). Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on January 5, 2023. Fidelity Capital filed an opposition on February 15, 2023 and Jud...
2023.06.28 Motion to Consolidate Cases, to Compel Deposition, Reclassify Action 662
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.28
Excerpt: ... TO APPEAR FOR DEPOSITION AND PRODUCE DOCUMENTS WITHIN 20 DAYS' NOTICE OF THIS ORDER, AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL. PLAINTIFF ELVIS ULLOA AND COUNSEL OF RECORD ARE FURTHER ORDERED TO PAY SANCTIONS OF $2,340.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' NOTICE OF THIS ORDER. ANALYSIS: On December 7, 2021, Plaintiff Elvis Ulloa Vasquesz (“Plaintiff”) filed this action for motor vehicle negligence against Defendants Dominic Reginald ...
2023.06.28 Petition to Confirm Arbitration Award 387
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.28
Excerpt: ...CEDURE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Minjing Wang (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Automation Alliance Group, LLC (“Respondent”) on February 10, 2023. The Petition initially came for hearing on April 26, 2023, at which time it was continued to allow Petitioner to file proof of service of the Petition and notice of hearing in accor...
2023.06.27 Petition to Vacate Arbitration Award 431
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.27
Excerpt: ...GMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On February 14, 2023, Petitioners Stephen Bernard and Bernard and Bernard, a law corporation (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondent Richard Rosen (“Respondent”). Respondent filed an opposition and Petition to Confirm Arbitration Award on May 12, 2023. On June 16, 2023, Petitioners filed their exhibit list. Discussion This Petition relates to a...
2023.06.27 Motion for Summary Judgment, Adjudication 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.27
Excerpt: ...lls”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on October 2...
2023.06.26 Motion to Vacate Entry of Default, Judgment 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.26
Excerpt: ...��) filed the instant action for common counts against Defendant Connie Nadler (“Defendant”) on January 17, 2021. Following the lack of any responsive pleading to the complaint, the Court entered Defendant's default on January 6, 2023 and default judgment on February 8, 2023. Defendant filed the instant motion to vacate default and default judgment on April 17, 2023. Plaintiff had previously filed an opposition on April 11, 2023 and supplemen...
2023.06.22 Motion to Vacate Renewal of Judgment 132
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.22
Excerpt: ... responsive pleading, default judgment was entered on January 23, 2003. The judgment was renewed on January 2, 2013 and November 22, 2022. Notice of the latest renewal of judgment was served on Judgment Debtor on December 1, 2022. (Proof of Service for Notice of Renewal of Judgment, 12/01/22.) Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on January 5, 2023. Judgment Creditor filed an opposition on February 1, 2023. The M...
2023.06.22 Motion to Quash Service 330
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.22
Excerpt: ...f”) filed this action for breach of lease agreement against Defendant Heather Naylor (“Defendant”). The case was originally assigned to an unlimited jurisdiction courtroom. Plaintiff filed a proof of substitute service of the Summons and Complaint on April 18, 2022. Defendant's first motion to quash service of the Summons and Complaint (“the First Motion to Quash”) was granted by the unlimited jurisdiction court on July 7, 2022. (Minute...
2023.06.15 Motion for Summary Judgment, Adjudication 896
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.15
Excerpt: ...ndant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted De...
2023.06.15 Motion for Attorney Fees 505
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.15
Excerpt: ...man (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). Respondents filed an opposition on June 1, 2022, then filed an Amended Petition to Confirm Arbitration Award and Opposition to Vacate the Award on August 15, 2022. On February 9, 2023, the Court entered judgment in favor of Respondents confirming the arbitration award. (Judgment, 02/09/23.) The judgment provided that costs are to be awarded per memorandum of costs and a...
2023.06.07 Motion to Strike or Tax Costs 388
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.06.07
Excerpt: ...Law Group, APLC (“the prevailing Defendants”). The case went to trial on November 29, 2022 and on December 1, 2022, the Court ruled in favor of Plaintiff against Defendant Moreno and in favor of prevailing Defendants against Plaintiff. (Minute Order, 12/01/22.) Pursuant to that order, judgment was entered in the prevailing Defendants' favor on December 1, 2022 and notice of entry of judgment was served on the parties the same day by the Court...

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