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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 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...
2023.10.05 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...
2023.10.04 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 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...

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