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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 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...
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 ...
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...
2022.12.14 Motion for Judgment on the Pleadings 332
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.14
Excerpt: ...(“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 came for hearing on Jul...
2022.12.14 Motion for Judgment on the Pleadings 708
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.14
Excerpt: ... Jerry Hilarie (“Defendant”) on December 9, 2021. Defendant filed an Answer on January 10, 2022 and an Amended Answer on February 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant on April 13, 2022. On June 6, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 06/06/22.) Plaintiff filed the i...
2022.12.14 Motion for Non-Suit 199
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.14
Excerpt: ...vember 15, 2021, Defendant filed a noticed Motion for Non-suit, which was set to be heard on February 28, 2022. When Plaintiff failed to appear at trial on January 25, 2022, the Court dismissed the Complaint without prejudice and the hearing on the Motion for Non-suit was vacated. (Minute Order, 01/25/22.) On March 16, 2022, the Court granted Plaintiff's Motion to Vacate Dismissal, re-set Defendant's Motion for Non-suit to July 13, 2022, and set ...
2022.12.13 Petition to Confirm Arbitration Award 872
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.13
Excerpt: ...g was filed on July 27, 2022. The Petition initially came for hearing on September 19, 2022 and was continued to allow Petitioner to correct certain defects. (Minute Order, 09/19/22.) Petitioner filed a Supplemental Petition and Proof of Service on October 6, 2022. No opposition 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 ...
2022.12.13 Motion to Vacate Default, Judgment, to Quash Service 395
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.13
Excerpt: ...Defendants Daisy Perez and Jorge Perez (“Defendants”). Plaintiffs filed proofs of substitute service of the Summons and Complaint on April 17, 2019. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on May 12, 2020 and default judgment on July 8, 2021. On November 1, 2022, Defendants filed the instant Motion to Vacate Default and Default Judgment, and Motion to Quash Service. No opposition has been filed t...
2022.12.12 Motions to Compel Further Responses 714
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.12
Excerpt: ...quest for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeiture against Defendant Google, LLC (“Defendant”). Defen...
2022.12.07 Motion to Enter Judgment Pursuant to Stipulation 820
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.07
Excerpt: ...el Mena Juarez (“Defendant”) and Pedro Mena Hernandez on January 29, 2021. On March 8, 2022, 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 date. (Order for Settlement and Dismissal, filed 03/08/22.) Plaintiff filed the instant Motion t...
2022.12.07 Demurrer, Motion to Strike 891
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.07
Excerpt: ...led a First Amended Complaint against Defendants SES Builders, Inc. (“Defendant SES”), Eliram Eliran Susan (“Defendant Susan”), Nik F. Nikoukar (“Defendant Nikoukar”), and Sarvenaz Angha (“Defendant Angha”). On July 14, 2022, the Court sustained Defendants SES, Nioukar, and Angha's Demurrers to the First Amended Complaint with 20 days leave to amend. (Minute Order, 07/14/22.) Plaintiff filed a Second Amended Complaint solely again...
2022.12.06 Motion for Terminating and Monetary Sanctions 219
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.06
Excerpt: ...1 AND ENTERS DEFENDANTS' DEFAULT. PLAINTIFF IS TO FILE A REQUEST FOR DEFAULT JUDGMENT WITHIN 20 DAYS OF THIS ORDER. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Westlake Service, LLC dba Westlake Financial Services (“Plaintiff”) filed the instant action against Defendants Momentum Auto Group, LLC dba Momentum Auto Group and Damon Young aka Damon Ronald Young (“Defendants”) on August 25, 2021. Defendants filed an Answe...
2022.12.02 Motion to Vacate Entry of Default 817
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.02
Excerpt: ...do's default was entered on December 8, 2021. Defendant Ovando, in properia persona, filed the instant Motion to Vacate Default and Default Judgment on February 23, 2022. An opposition was filed on May 31, 2022, which the Court did not have an opportunity to review before the hearing on June 2, 2022. At the hearing, the Court continued the matter to December 2, 2022, finding that the Motion was not accompanied by a proof of service. (Minute Order...
2022.12.01 Motion for Summary Judgment 198
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.01
Excerpt: ...��Defendant”) on April 4, 2022. Defendant filed an Answer in properia persona on May 12, 2022. On September 12, 2022, 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 that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100221035, is...
2022.12.01 Demurrer 630
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.12.01
Excerpt: ...te. Discussion The Complaint asserts causes of action for (1) breach of contract; (2) unfair business practices; and (3) defamation. Defendant demurs to each cause of action in the Complaint for failure to allege sufficient facts to state a cause of action and as barred by the statute of limitations. (Code Civ. Proc., § 430.10, subd. (e).) The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section...
2022.11.30 Demurrer 173
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.30
Excerpt: ...t, the Court entered their default on December 18, 2019 and default judgment on July 2, 2021. On August 30, 2022, the Court granted Defendant Bademyan's Motion to Vacate Default and Default Judgment. (Minute Order, 08/30/22.) Upon order of the court, Defendant Bademyan's proposed Answer to the Complaint was filed on the same date. (Ibid.) Defendant Bademyan then filed the instant Demurrer to the Complaint on September 1, 2022. The Court ordered t...
2022.11.30 Demurrer, Motion to Strike 723
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.30
Excerpt: ...ada (“Defendant”). Defendant filed the instant Demurrer to the Complaint and Motion to Strike Complaint on October 25, 2022. Plaintiff filed oppositions on November 8, 2022 and Defendant replied on November 9, 2022. Discussion Initially, the Court notes that the Demurrer to the Complaint and Motion to Strike Complaint are brought on the same grounds: failure to allege sufficient facts to support the request for punitive damages. (Demurrer, pp...
2022.11.30 Motion to Compel Further Responses, for Sanctions 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.30
Excerpt: ..., 2022. ANALYSIS: 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 (“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 Septembe...
2022.11.30 Motion for Attorney Fees 442
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.30
Excerpt: ...ndominium Association (“Plaintiff”) and against Defendants William J. Miscione and Diane T. Miscione (“Defendants”). Pursuant to Plaintiff's Application for Entry of Sister State Judgment, on November 21, 2016, this court entered judgment against Defendants in the amount of $9,816.90. On February 1, 2018, Plaintiff filed a Motion for Award of Attorney's Fees and Costs, which the Court granted on March 5, 2018 in the amount of $4,354.50. (...
2022.11.30 Motion to Confirm Arbitration Award 074
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.30
Excerpt: ... DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Writers Guild of America, West, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents Divorce Party Productions, LLC (“Respondent Divorce Party”) and Ryan Johnson (“Respondent Johnson”) (collectively, “Respondents”). This action arises out the parties' dispute over minimum and residual compensation owed t...
2022.11.30 Motions to Compel Further Responses 714
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.30
Excerpt: ...APC's Motion for Order Compelling Further Responses to Request for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeitu...
2022.11.29 Motion to Strike Punitive Damages 096
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.29
Excerpt: ...Defendant filed the instant Motion to Strike Portions of Complaint on August 29, 2022. Plaintiff filed an untimely opposition on November 16, 2022 and Defendant replied on November 21, 2022. To the extent Defendant was able to file a substantive reply to the opposition, the Court finds no prejudice from it being untimely. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Pr...
2022.11.29 Motion to Consolidate 058
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.29
Excerpt: ... California Department of Public Health. (“Defendant CDPH”) and others on August 17, 2021. Defendant CDPH filed an Answer on September 16, 2021. On October 10, 2022, Defendant CDPH filed a Notice of Related Case with respect to Lakeview Terrace Skilled Nursing Facility, LLC dba Lakeview Terrace v. California Department of Public Health of the State of California, et.al., LASC Case No. 21STLC07031. Defendant CDPH filed the instant Motion to Co...
2022.11.29 Demurrer 017
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.29
Excerpt: ...n 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 October 20, 2022, Defendants filed the instant Demurrers to the Complaint. Plaintiff filed oppositions on October 25, 2022 and Defendants replied on November 7, 2022. Discussion The Complaint alleges the follow...
2022.11.28 Motion for Summary Judgment 829
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.28
Excerpt: ...(erroneously sued as Diaz Bros Trucking) (“Defendant”) on June 30, 2021. Defendant filed an Answer on August 18, 2021. Plaintiff's request for entry of default, filed on August 24, 2021, was rejected due to the filing of the Answer. On September 9, 2022, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges causes of action for breach of express contract and breach of i...
2022.11.21 Petition to Confirm Arbitration Award 658
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.21
Excerpt: ...NG DISMISSED. ANALYSIS: Petitioner Forward Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Chloe's Outlet Corporation dba Chloe's Discount Outlet (“Respondent Chloe's Outlet”) and Evelin Andino (“Respondent Andino”) on July 18, 2022. No opposition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to conf...
2022.11.03 Petition to Vacate Arbitration Award 505
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.03
Excerpt: ...ENT PER ANNUM FROM THE 30TH DAY AFTER SERVICE OF THE AWARD. RESPONDENTS TO FILE PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On April 26, 2022, Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondents Erina Gilerman (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). No proof of service of the Petition or Not...
2022.11.03 Motion for Judgment on the Pleadings 064
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.03
Excerpt: ... Shertell aka Norm Shertell (“Defendant”) on April 2, 2019. Defendant filed an Answer to the Complaint on September 24, 2019. On December 1, 2021, the Court denied Defendant's Motion to Reclassify this action to a court of limited jurisdiction. (Minute Order, 12/01/21.) Upon reconsideration, however, the Motion to Reclassify was granted on February 14, 2022. (Minute Order, 02/14/22.) Plaintiff filed the instant Motion for Judgment on the Plea...
2022.11.02 Motion for Non-Suit 199
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ...OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. RELIEF REQUESTED: Grant Non-suit in Defendant's favor because the Complaint was indisputably filed after expiration of the statute of limitations. OPPOSITION: The Complaint was timely e-filed but rejected without explanation. Plaintiff re-filed as soon as possible after the rejection but after the st...
2022.11.02 Motion to Vacate Renewal of Judgment 855
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ...C 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract. RELIEF REQUESTED: Vacate the renewal of judgment as improperly entered. The record shows that the earlier applications to renew the judgment were rejected because the time to renew had expired. Plaintiff also failed to served Defendants with the notice of renewal, as required and repeatedly has f...
2022.11.02 Motion to Deem RFAs Admitted, for Sanctions 803
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ...ESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS (CCP § 2033.280) SERVICE OF MOTION: [X] Proof of Service 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: Action for breach of contract. RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Charles San Nicholas on May 12, 2022, admitted. Award Plaintiff Garcia sanctions of $260.00. ...
2022.11.02 Motion to Continue Reclassification, to Reclassify 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.02
Excerpt: ... of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK BACKGROUND: Action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition. Cross-action for promissory fraud and quantum meruit. REQUEST FOR RELIEF: Continue hearing on motion to reclassify in order to allow Plaintiff to complete discovery and properly oppose Defendants' claim for damages....
2022.11.01 Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment 149
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.01
Excerpt: ...SERVICE: [X] Proof of Service 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: Action for automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of October 28, 2022. REPLY: None filed as of October 28, 2022. TENTATIVE RULIN...
2022.11.01 Motion to Compel Further Responses, for Monetary Sanctions 702
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.01
Excerpt: ...QUEST FOR PRODUCTION AND REQUEST FOR SANCTIONS (CCP §§ 2031.310, 2023.010) SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. REQUEST FOR RELIEF: Compel Defendant to produce the statement given to the insurance claims adjuster after the accident. By informing Plaintiff's c...
2022.11.01 Motion for Summary Judgment, Adjudication 322
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.11.01
Excerpt: ...ed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for Retaliation in Violation of the California Fair Employment and Housing Act; and Retaliation in Violation of California Labor Code section 1102.5. REQUEST FOR RELIEF: Grant summary judgment, or adjudication, in Defendant's favor. Plaintiff's alleged oral complaints and emails were not protected activities, nor ...
2022.10.27 Motion to Compel Production of Docs, for Sanctions 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.27
Excerpt: ...TION NOTICE, REQUEST NOS. 4-9. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. ANALYSIS: 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 (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) an...
2022.10.26 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 155
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.26
Excerpt: ...Defendant”) on April 8, 2020. On September 22, 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 date. (Order Re Settlement, 09/22/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on Se...
2022.10.26 Motion for Judgment on the Pleadings 061
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.26
Excerpt: ...�Defendant”) on January 5, 2021. Defendant filed an Answer on March 2, 2021. On June 13, 2022, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendants. (Minute Order, 06/13/22.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on June 29, 2022. Defendant filed an opposition on July 11, 2022. Legal Standard The standard for ruling on a motion for judgment on the pleadings ...
2022.10.25 Petition to Vacate Arbitration Award 688
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.25
Excerpt: ...ON'S PETITION TO VACATE ARBITRATION AWARD IS DENIED. THE ARBITRATION AWARD IS CONFIRMED IN FAVOR OF VALENSI ROSE, PLC IN THE AMOUNT OF $ $18,204.38. ACCORDINGLY, VALENSI ROSE, PLC'S PETITION TO CONFIRM ARBITRATION AWARD IS GRANTED. VALENSI ROSE, PLC IS TO FILE A PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On May 4, 2022, Laura Iris Olson (“Olson”) filed the instant Petition to Vacate Arbitration Award against Valensi Rose, PLC ...
2022.10.25 Petition for Permanent Injunction 492
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.25
Excerpt: ...ion Pursuant to Civil Code section 798.88 against Alejandra Sierra Salazar (“Respondent”) on July 1, 2022. No response 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 Mobile Home Park, ABC Wishing Well (“the Park”), located at 20315 Denker Avenue, Torrance, California. These violations pertain to Space 7 of t...
2022.10.25 Motion to Consolidate 000
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.25
Excerpt: ...r vehicle negligence against Defendants Roboam Arquella (erroneously sued as Roboan Arqueta) and Jose Luiz Lopez (“Defendants”) on February 5, 2021. Defendants filed an Answer on March 9, 2021. On June 30, 2022 the Court deemed this action related to Alliance United Insurance v. Roboam Osorino Arguello, et al., Los Angeles Superior Court Case No.: 22STLC01889 (“LASC Case No. 22STLC01889”). Both cases are assigned to Department 26 in the S...
2022.10.24 Motion to Vacate Dismissal and Enter Judgment 576
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.24
Excerpt: ...endant”) on March 17, 2020. On May 28, 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 date. (Order Re Settlement, 05/28/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on September ...
2022.10.19 Motion for Attorney Fees 969
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...��Plaintiff”) in the action entitled Desert Passage Community Association v. Gabriel Serrato and Monica Serrato in Case No. CV2017-0049. The default judgment was entered in the principal sum of $2,145.21, plus interest and reasonable attorney's fees and costs against Defendants Gabriel Serrato and Monica Serrato (collectively, “Defendants”). On December 2, 2020, this Court entered judgment based on the sister-state judgment in Case No. CV20...
2022.10.19 Petition to Confirm Arbitration Award 260
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...rd Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. No opposition 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 shall name as respondent all parties to the arbitrat...
2022.10.19 Motion to Enter Judgment Pursuant to Stipulation 546
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...t”) on October 15, 2019. On October 25, 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 date. (Order for Settlement and Dismissal, filed 10/25/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter ...
2022.10.19 Motion to Reclassify 299
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.19
Excerpt: ...l Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code C...
2022.10.14 Motion for Attorney Fees 809
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.14
Excerpt: ...nd as a result, violated the Unruh Civil Rights Act (“the UCRA”), set forth at Cal. Civil Code section 51, subdivision (f). (Compl., ¶¶15-25.) Plaintiff alleged that he initially filed this case in federal court, which reached no determination on the UCRA claim and dismissed it without prejudice. (Id. at ¶14.) The Complaint seeks an award of statutory damages and attorney's fees and costs pursuant to Civil Code section 52, subdivision (a) ...
2022.10.10 Motion to Quash Service of Summons and Complaint 307
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.10
Excerpt: ...OK SUMMARY OF COMPLAINT: Action for wrongful use of civil proceedings. REQUEST FOR RELIEF: Quash service of Summons and Complaint on the grounds that Defendant Irene Zendano was not properly served. Service was twice previously quashed by the Court and continues to be inadequate. Plaintiff's response to the OSC includes an email from the process service company closing the case after learning that the address where it made four attempts to serve ...
2022.10.06 Motion to Quash Writ of Execution and Vacate Levy 139
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.06
Excerpt: ...ability. REQUEST FOR RELIEF: Quash the writ of execution and vacate the levy of Judgment Debtor's property. Since the death of Judgment Creditor, no personal representative has been named. Nor is Judgment Creditor's attorney entitled to the award of attorney's fees without a proper assignment. OPPOSITION: Respondent has not overcome the presumption of proper service. REPLY: None filed as of October 4, 2022. ANALYSIS: On December 1, 2011, the Cour...
2022.10.06 Motion for Reconsideration 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.06
Excerpt: ...Plaintiff's motion to compel Defendant Sabet's deposition. The parties are not able to see the online docket in this action and, as a result, do not know which judge is hearing their motions. The order compelling Defendant Sabet's deposition should be reconsidered and denied because there is no active Complaint in this action, as evidenced by the Court's own orders regarding reclassification. Defense counsel was not able to bring these facts to t...
2022.10.03 Motion to Vacate Dismissal and Enter Judgment 864
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.03
Excerpt: ... automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against D...
2022.10.03 Motion for Leave to File Complaint 093
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.10.03
Excerpt: ...ence. REQUEST FOR RELIEF: Grant Defendant leave to file a cross-complaint against Plaintiff April Johnson for indemnification, apportionment of fault, and declaratory relief. New information came to light after Plaintiffs' discovery responses were served in April and May 2022. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: On August 19, 2021, Plaintiffs Toyer McBride and April Johnson (“Pl...
2022.09.29 Petition to Confirm Arbitration Award 590
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.29
Excerpt: ...MMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 27, 2022. REPLY: None filed as of September 27, 2022. ANALYSIS: On September 10, 2021, an Arbitration Award was issued in favor of Carla Mazzetti (“Petitioner”) and against Adam Khoda (“Respondent”). Petitioner filed the instant Petition to C...
2022.09.28 Motion to Reclassify 297
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.28
Excerpt: ...300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. MOTION: Plaintiff failed to file the Civil Case Cover Sheet concurrently with the Complaint, resulting in the action being filed in the limited jurisdiction court. Plaintiff's medial specials currently amount to $27,189.24 and the Complaint alleges that the damages are in excess of the unlimited ...
2022.09.21 Motion to Vacate Ruling and Dismissal 332
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.21
Excerpt: ...se, common counts and breach of guaranty of lease. Cross-Complaint for breach of contract and declaratory relief. MOTION: Cross-Complainants renew their motion to set aside the ruling sustaining the Demurrer to the First Amended Cross-Complaint. New evidence is now available regarding the ruling in the Unlawful Detainer Action, which shows that the issue of overpayment of rent was not litigated at that time and was properly alleged in the First A...
2022.09.21 Motion to Vacate Dismissal 139
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.21
Excerpt: ...aintiff's failure to appear at trial. OPPOSITION: Plaintiffs have not demonstrated that their failure to appear for trial was due to mistake, inadvertence, surprise or excusable neglect. Plaintiffs' failure to appear was inexcusable. Nor have Plaintiffs shown that they brought the Motion within a reasonable amount of time following the dismissal. If the dismissal is granted, Defendants should be awarded fees of $1,000.00. REPLY: Plaintiffs gave t...
2022.09.20 Petition to Confirm Arbitration Award 893
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.20
Excerpt: ...y Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK [X] Manner of Service (CCP 1290.4) NO SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) fil...
2022.09.20 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 644
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.20
Excerpt: ...or automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against ...
2022.09.20 Motion to Change Venue 223
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.20
Excerpt: ...DEFENDANTS ARE TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER. THE RESERVATIONS FOR THE MOTION TO TRANSFER ACTION ON SEPTEMBER 21, 2022 ARE ADVANCED TO THIS DATE AND VACATED. SERVICE: [X] Proof of Service 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: Action for breach of contract, fraud, and related claims. RELIEF REQUESTED: Defendants move to trans...
2022.09.19 Petition to Confirm Arbitration Award 872
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.19
Excerpt: ... Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK [X] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 15, 2022. REPLY: None filed as of September 15, 2022. ANALYSIS: Petitioner O...
2022.09.19 Motion for Protective Order, Request for Sanctions 972
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.19
Excerpt: ...DAYS OF THIS ORDER. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. SERVICE: [X] Proof of Service 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: Action for breach of residential lease agreement. MOTION: A protective order is necessary to protect Defendants from unnecessary deposition. The full- day depositions sought by Plaintiff constitute undue burden and...
2022.09.14 Motion to Vacate Default, Judgment 748
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.14
Excerpt: ... for discrimination on the basis of disability. REQUEST FOR RELIEF: Vacate default because Defendants did not receive notice of this action and service was effectuated at the wrong zip code. OPPOSITION: None filed as of September 12, 2022. REPLY: None filed as of September 12, 2022. ANALYSIS: Plaintiff Richard Dahl (“Plaintiff”) filed the instant action against Defendants Wish Automotive II, Inc. (“Defendant Wish II”) and Barry Wishengrad...
2022.09.14 Motion to Strike 732
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.14
Excerpt: ...SSIONS CODE, TORT LAW, AND THE FUNDAMENTAL PUBLIC POLICIES OF THE STATE OF CALIFORNIA” AT ¶51; AND 3. “ATTORNEYS' FEES” AT PP. 10-11, PRAYER FOR RELIEF, ¶5. THE SECOND AMENDED COMPLAINT FILED ON APRIL 5, 2022 IS STRUCK ON THE COURT'S OWN MOTION. SERVICE: [X] Proof of Service 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: Action for breach of contrac...
2022.09.13 Petition to Confirm Arbitration Award 520
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.13
Excerpt: ...AYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: O...
2022.09.13 Motion to Enforce Settlement Agreement 378
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.13
Excerpt: ...tion. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Leonardo Gomez and Gerardo Carranco (“Defendants”...
2022.09.08 Motion for Attorney Fees 166
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.08
Excerpt: ...lied covenant of good faith and fair dealing, violation of Vehicle Code section 11713.13(d), and relief pursuant to Vehicle Code section 11726. BASIS OF MOTION: As the prevailing party, award Plaintiff $63,861.50 in attorney's fees and costs. OPPOSITION: Plaintiff is not entitled to attorney's fees or costs because it has not shown that Defendant acted with willfulness. Alternatively, the attorney's fees and costs should be denied as entirely unr...
2022.09.08 Motion for Discharge from Liability 659
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.08
Excerpt: ...overy of unclaimed property from Plaintiffs' father's estate, which is now in Defendant's control. MOTION: Defendant asks that the court issue an order that it deposit with the clerk the disputed funds in the amount of $8,952.77. Upon deposit, Defendant should be discharged from liability with respect to the disputed funds and dismissed from this action. In Defendant's place, the Court should substitute the FDIC. OPPOSITION: Defendant's offer to ...
2022.09.01 Motion for Attorney Fees 412
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.01
Excerpt: ...[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract, negligence, and fraud with respect to a property listing agreement. BASIS OF MOTION: Defendant Xu is entitled to an award of attorney's fees as the prevailing party on appeal in the amount of $8,200.00 and costs of $652.55. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: Plaintiff Yvonne Jiang (“Pla...
2022.09.01 Demurrer 462
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.09.01
Excerpt: ...Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for insurance bad faith and negligenc. REQUEST FOR RELIEF: Sustain demurrer to the First Amended Complaint for failure to allege facts sufficient to state a cause of action. The first cause of action for insurance bad faith cannot be alleged against Defendant American Family because Plaintiff was never insured by Defendant American Family, nor in privity of contract with any insured...
2022.08.31 Petition to Confirm Arbitration Award 434
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...EMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITIONS BEING DISMISSED. SERVICE: [ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO [ ] Correct Address (CCP §§ 1013, 1013a) NO [ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO [ ] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration awards. RELIEF REQUESTED: Enter judgment against Respondent pursuant to ...
2022.08.31 Petition to Confirm Arbitration Award 261
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...0 DAYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: On...
2022.08.31 Motion to Compel Further Responses, for Sanctions 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...st for Sanctions is GRANTED. DEFENDANT JOSEPH SABET IS TO SERVE FURTHER RESPONSES, INCLUDING A CODE-COMPLIANT PRIVILEGE LOG, TO REQUEST NOS. 1-14 WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT JOSEPH SABET AND COUNSEL OF RECORD ARE ALSO JOINTLY ORDERED TO PAY SANCTIONS OF $100.00 TO PLAINTIFF WITHIN 20 DAYS' SERVICE OF THIS ORDER. TRIAL SETTING CONFERENCE IS SET FOR NOVEMBER 2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. S...
2022.08.31 Demurrer, Motion to Reclassify 632
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.31
Excerpt: ...D 5TH CAUSES OF ACTION. DEFENDANT TO FILE ITS ANSWER WITHIN 20 DAYS OF THIS ORDER. SERVICE OF MOTION: [X] Proof of Service 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: Action for breach of contract with respect to installation of security system. REQUEST FOR RELIEF: Sustain demurrer to the Complaint for failure to allege facts sufficient to state a cause ...
2022.08.30 Motion to Reclassify Action 887
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.30
Excerpt: ... action to unlimited jurisdiction court based on the amount of Cross- Complainant's damages. OPPOSITION: Cross-Complainant has not shown that it incurred damages in excess of the jurisdictional limit. As stated in its ex parte application, this Motion is brought based on the costs Cross-Complainant has incurred in this litigation, which are not part of the amount in controversy. REPLY: Cross-defendant has all but admitted its committed fraud base...
2022.08.29 Motion to Compel Further Responses 954
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.29
Excerpt: ...E OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005 (b)) OK SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability. REQUEST FOR RELIEF: Compel Plaintiff's further responses to post-judgment requests for production. Plaintiff's responses included meritless objections and do not identify whom Plaintiff beli...
2022.08.29 Demurrer 652
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.29
Excerpt: ... sufficient to state a cause of action. The Complaint fails to allege the existence a written lease agreement signed by the parties and does not attach any such agreement. The lease was allegedly for a period of four years and must be in writing to satisfy the Statute of frauds. OPPOSITION: The lease agreement is in writing as required by the Statute of frauds. Applicable case law holds that the lease need not be signed by Defendant. The cases ci...
2022.08.18 Motion to Compel Deposition 231
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.18
Excerpt: ...� by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a)...
2022.08.18 Motion to Amend Admissions, Erroneous Deposition Testimony, File Complaint 515
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.08.18
Excerpt: ...iced in maintaining that party's action or defense on the merits.”¿ (Code Civ. Proc. § 2033.300(b).)¿ “The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional di...

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