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2024.03.11 Motion for Issue, Evidentiary, Monetary Sanctions 434
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.11
Excerpt: ...6, 2022, Plaintiff Boren, Osher & Luftman, LLP (“Plaintiff”) filed this action for breach of contract against Defendant Camilla Rose (“Defendant”). Defendant filed an answer on March 23, 2023. On December 12 and 13, 2023, the Court granted Pla intiff's motions to compel responses to form and special interrogatories, and request for production of documents, and awarded Plaintiff monetary sanctions. (Minute Orders, 12/12/23 and 12/13/23) Pl...
2024.03.07 Demurrer 329
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.07
Excerpt: ... SECOND AND THIRD CAUSES OF ACTION. ANALYSIS: Plaintiff Walter Gibson (“Plaintiff”), in pro per, filed the instant action for breach of contract, negligence, and infliction of emotional distress against Defendants Edina Fitness, LLC (“Defendant EF”) and Linda Cuyar (“Defendant Cuyar”) on October 3, 20 23. Plaintiff filed the First Amended Complaint on December 6, 2023. Defendants filed the instant demurrer to the First Amended Complai...
2024.03.07 Petition for Permanent Injunction 246
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.07
Excerpt: ...unction Pursuant to Civil Code section 798.88 against Respondents Michael Whitacre and Eria Guaydacan (“Respondents”) on January 23, 2024. Proof of personal service of the Petition and notice of hearing were filed on February 28, 2024. No response to the Petition has been filed to date. Discussion Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's Mo...
2024.03.06 Motion to Vacate Renewal of Judgment 197
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.06
Excerpt: ...btor filed the instant Motion to Vacate Renewal of Judgment on January 15, 2024. Judgment Creditor filed an opposition on February 22, 2024 and Judgment Debtor replied on February 26, 2024. Discussion First, the Motion is not accompanied by any proof of service demonstrating that the moving papers or notice of the hearing date were served on Judgment Creditor. Failure to give notice of a motion is not only a violation of the statutory requirement...
2024.03.06 Motion to Vacate Default, Judgment 464
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.06
Excerpt: ...granted Plaintiff's application for service by publication on March 1, 2022 and proof of service by publication was filed on May 20, 2022. Following Defendant's failure to file a responsive pleading, the Court entered default on October 12, 2022 and default judgment on December 12, 2022. Notice of entry of ju dgment was filed on February 10, 2023. Defendant filed the instant Motion to Vacate Default and Default Judgment on December 28, 2023. Plai...
2024.03.05 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 435
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.05
Excerpt: ...“Plaintiff”), in pro per, filed this action for breach of loan agreement against Defendant Thomas Johnson (“Defendant”). Defendant, also in pro per, filed an answer on May 18, 2023. Following mediation, the parties signed and filed a settlement agreement on February 5, 2020. (Minute Order, 02/05/23.) The Court also dismissed the action with a retention of juri sdiction to enforce the stipulation pursuant to Code of Civil Procedure section...
2024.03.05 Motion to Vacate Dismissal 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.05
Excerpt: ...ustin Maglasang and Steve Gordon (“Defendants”). On March 15, 2022, the Court denied Plaintiff's application for writ of possession without prejudice. (Minute Order, 03/15/22.) The action came for trial on April 7, 2022 and at Plaintiff's request for additional time to serve Defend ants, the Court set an order to show cause for July 20, 2022. (Minute Order, 07/20/22.) Plaintiff's application for writ of possession was denied on the merits on ...
2024.03.05 Motion to Continue Trial Date 737
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.05
Excerpt: ...rity deposit, retaliation, breach of contract, infliction of emotional distress, harassment, breach of implied covenant of good faith and fair dealing, and promissory estoppel against Defendants Yervand Azizyan and Emilya Papoyan (“Defendants”) on December 20, 2021. The matter was originally assigned to an unlimited jurisdiction court and set for mandatory settlement conference on June 30, 2022. (Minute Order, 05/19/22.) Followi ng the mandat...
2024.03.04 Motion to Vacate Default, Judgment 102
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.04
Excerpt: ...lory Jewelry (“Neoglory”), Yue Lu (“Defendant Lu”) and Li Wu (“Defendant Wu”). Plaintiff filed proofs of substitute service of the Summons and Complaint on October 3, 2023. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on November 22, 2023 and default judgment on December 26, 2023. On February 7, 2024, Defendants filed the instant Motion to Vacate Default and Default Judgment. Plaintiff filed a...
2024.03.04 Motion to Reclassify 997
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.03.04
Excerpt: ... 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 concealment/non -disclosure. Defendant's demurrer to the Complaint was overruled on July 20, 2023 and they filed an answer on August 8, 2023. Plaintiff filed the instant Motion to Recl...
2024.02.29 Motion for In Camera Examination 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.29
Excerpt: ...INED FOLLOWING IN CAMERA REVIEW. THE MOTION IS DENIED AS TO THE REMAINING REQUESTS. 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. On December 14, 2023, the Court ru...
2024.02.29 Demurrer 184
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.29
Excerpt: ...iff”) filed the instant action for interpleader against Defendants Eric Mintz (“Defendant Mintz”), Euro Spec Motoring, Inc. (“Defendant Euro”), and Law Offices of David R. Denis, P.C. (“Defendant LODD”). On January 25, 2024, Defendant LODD filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on February 15, 2024 and Defendant LODD replied on February 22, 2024. Discussion Allegations in the Complaint The Complai...
2024.02.28 Demurrer 999
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.28
Excerpt: ...ation of the Unruh Civil Rights Act (“the UCRA”). D efendant filed the instant Demurrer to the Complaint on January 25, 2024. Plaintiff filed an opposition on February 14, 2024 and Defendant replied on February 21, 2024. Discussion Plaintiff alleges that he is a visually impaired individual who requires screen -reading software to access and read website content. (Compl., ¶3.) Defendant is the owner/operator of a public accommodation known a...
2024.02.28 Demurrer 717
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.28
Excerpt: ...Compass Bank (“Defendant”). The case was originally assigned to the unlimited jurisdiction court. On February 15, 2023, the Court sustained Defendant's demurrer to the First Amended Complaint with leave to amend. (Minute Order, 02/15/23.) Plaintiff filed the Second Amended Complaint on December 14, 2023. On December 26, 2023, the Co urt reclassified the action as a limited jurisdiction case. (Notice of Reclassification, 12/26/23.) On January ...
2024.02.28 Motion to Strike Punitive Damages 236
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.28
Excerpt: ...cia (“Defendants”). Defendants filed the instant Motion to S trike Punitive Damages on December 22, 2023. Plaintiff filed an opposition on February 7, 2024 and an additional opposition on February 13, 2024. Defendants filed a reply on February 21, 2024. Discussion Defendants bring 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 confe...
2024.02.28 Motion to Compel Deposition, to Deem RFAs Admitted 283
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.28
Excerpt: ... (“Defendant”) and American Contractors Indemnity Company (“ACIC”). Plaintiff filed the First Amended Complaint on May 9, 2022, and following the Court sustaining the demurrer with leave to amend, filed the Second Amended Complaint on August 18, 2022. On October 26, 2022, the Court overruled the demurrer to the Second Amended Complaint and accepted the parties' stipulation to reclassify the actio n as a limited jurisdiction case. (Minute ...
2024.02.28 Motion to Require Posting of Security or to Dismiss 783
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.28
Excerpt: ...gainst Defendants Victor A. Velasquez and Melissa Vargas (“Moving Defendants”), among others. The Complaint alleges a single violation of section 51 of the Unru h Civil Rights Act. (Compl., ¶7.) The Court overruled Moving Defendants' demurrer to the Complaint on February 16, 2022 and they filed an answer the next day. On May 23, 2023, Moving Defendants filed a notice of related case with respect to Diaz v. Velasquez, et al. , LASC Case No. C...
2024.02.26 Petition to Confirm Arbitration Award 478
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.26
Excerpt: ...S. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner BMW Financial Services, NA (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Tiffany Coleman (“Respondent”) on September 20, 2023. The Petition initially came for hearing on January 24, 2024 in Department 25 of the Spring Street Courthouse, at which time Respondent appeared. (Minute Order, 01/24/24.) The case was th...
2024.02.26 Motion to Quash Service of Summons and Complaint 062
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.26
Excerpt: ...��) for breach of contract. On November 14, 2022, Plaintiff filed Proof of Service of Summons and Complaint by personal service. (Proof o f Personal Service, filed 11/14/22.) On December 9, 2022, Defendant filed a Motion to Quash Service of Summons, which the Court granted on January 5, 2023. (Minute Order, 01/05/23.) On August 24, 2023, Plaintiff applied for an order for service by publication, which the Court granted. (Order for Publication, 08...
2024.02.26 Motion for Sanctions 190
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.26
Excerpt: ...otion to compel production of documents pursuant to deposition subpoena and issued sanctions against Plaintiff in the amount of $100.00. (Minute Order, 07/18/23.) Plaintiff filed a motion for sanctions on August 2, 2023, then filed a First Amended Complaint on September 8, 2023. The Court struck the First Amended Complaint because it was filed without leave. (See Code Civ. Proc., §§ 472, subd. (a), 436, subd. (b).) The Court denied the first mo...
2024.02.26 Motion for Judgment on the Pleadings 319
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.26
Excerpt: ...t 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 a Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. The Demurrer was sustained with leave to amend on September 14, 2023 and the Motion to Strike was placed off calendar. (Minute Order, 09/...
2024.02.22 Motion to Compel Further Responses, for Sanctions 375
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.22
Excerpt: ...ADMISSIONS, SET ONE, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $700.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. SANCTIONS STAYED TWENTY DAYS AND MAY BE PERMANENTLY STAYED UPON DISCOVERY COMPLIANCE Defendant Veros Credit, LLC's Motion for Order Compelling Further Responses to Request for Production of Documents, Set One, and Request for Sanction is DENIED. ANALYSIS: Plaintiff Andrea Howard (�...
2024.02.22 Motion for Summary Judgment 554
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.22
Excerpt: .... Plaintiff filed a Motion for Summary Adjudication against Defendant CC on June 26, 2023. The Motion for Summary Adjudication was denied without prejudice on August 21, 2023. (Minute Order, 08/21/23.) The instant Motion for Summary Judgment, or in the alter native, Summary Adjudication, was filed on August 25, 2023. Defendant CC filed a joint opposition on December 6, 2023 and Plaintiff replied on December 26, 2023. On January 29, 2024, the case...
2024.02.21 Motion to Quash Service 098
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.21
Excerpt: ...iff”) filed the Complaint in this action against Defendant Katherine Huber (“Defendant”). Proof of substitute service was filed on December 5, 2023. The instant Motion to Quash was filed by Defendant on December 27, 2023. Plaintiff filed an opposition on January 30, 2024 and Defendant replied on February 2, 2024. Discussion Defendant moves to quash service of the Summons and Complaint on the grounds that Plaintiff did not properly sub -serv...
2024.02.21 Motion to Dissolve Preliminary Injunction 104
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.02.21
Excerpt: ...int. (“Respondent”). The action was assigned to Limited Jurisdiction Department 25 in the Spring Street Courthouse. On February 10, 2023, Writs and Receivers Department 85 in the Stanley Mosk Courthouse denied Petitioner's ex parte application for writ of possession. (Minute Order, 02/10/23.) The denial was without prejudice to Petitioner bringing a noticed motion for wr it of possession. (Ibid.) On February 28, 2023, Writs and Receivers Depa...

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