Excerpt: ...f did not appear. Plaintiff had been ordered to appear personally. Upon oral request by Defendant, the Court dismissed the complaint without prejudice pursuant to Code of Civil Procedure section 581(b)(5). (Min. Order, 3/4/24.) On March 4, 2024, Plaintiff filed the instant motion to vacate the dismissal. Defendant opposes and Plaintiff replies. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from a dismi...

Excerpt: ... DeCastro's motion was reserved as a Motion for Sanctions. DeCastro's motion is not a Motion for Sanctions but a Motion to Compel Further Responses to RFPs pursuant to CCP §2031.310. DeCastro failed to submit a mandatory CRC Rule 3.1345 Separate Statement. DeCastro's failure to include a separate statement is not fatal, however, given that Pierattini submits a copy of his responses to the RFPs and there are only four RFPs at issue. (Katrinak Dec...

Excerpt: ...Lands Nathanson for various items in Request For Production, Set One and Request For Production, Set Two. A. Defendant Must Pay One Additional Filing Fee. Defendant's single motion seeks to compel production pursuant to two different sets of RFPs. Each category of discovery should have been filed as a separate motion, with separate filing fees and hearing reservations. Despite being scheduled as only one motion and one hearing, the total substanc...

Excerpt: ...iled an answer. On January 23, 2024, Defendant filed a motion to compel Plaintiffs to appear for independent medical examinations and for sanctions, to be heard on April 18, 2024. On April 5, 2024, Plaintiffs filed an opposition. On April 11, 2024, Defendant filed a reply. The Court continued the hearing to May 16, 2024. Trial is currently scheduled for September 10, 2024. PARTIES' REQUESTS Defendant asks the Court to order Plaintiffs to attend i...

Excerpt: ... initial responses, without objections, to plaintiff Wilfredo Cardenas' Special Interrogatories (Set Two) within 30 days of this ruling. The defendant is further ordered to pay the plaintiff sanctions of $1,084.80. The MOTION FOR ISSUE SANCTIONS AND MONETARY SANCTIONS AGAINST DEFENDANT FOR THE FAILURE TO COMPLY WITH THE COURT'S ORDER is GRANTED IN PART and DENIED IN PART as follows. The request to impose issue sanctions on defendant 11651-11652 Y...

Excerpt: ...NT ROCHELLE H. STERLING TO ATTEND TRIAL (filed 01/25/24) TENTATIVE RULING Defendant's Motion for an Order to Compel Plaintiff to Pay the Defendant's Experts' Deposition Fees is CONTINUED to allow Defendant to submit evidence of Defendant's experts reasonable fees. Plaintiff's Motion for an Order to Compel Defendant Rochelle H. Sterling to Attend Trial is MOOT. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed th...

Excerpt: ...led 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 filed the instant Motion to Compel Third Parties to Produce Documents on September 25, 2023. Third -party Bank of Hope filed an opposition on November 13, 2023 and third - party Samm...

Excerpt: ...Plaintiff”), both in his capacity as a trustee and his capacity as a person most knowledgeable (“PMK”). Defendant also requests certain document productions. Defendant seeks as sanctions attorney's fees in the total amounts of $13,000. The Court GRANTS Defendant's motions to compel Plaintiff's depositions in their entirety. The Court GRANTS Defendant's motions to compel document production in their entirety. Defendant shall produce the depo...

Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “ Plaintiff, MARIELY GARCIA -ROMERO (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were ini tially served and propounded on Defendant by ...

Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ “Plaintiff, BENIGNO T. EVARDONE, JR. (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were initially served and propounded on Defendant by Plaintiff o...

Excerpt: ... Plamtiff Jade Carrasco, by and through her Guardian Ad Litem Jesse Ronald Carrasco, ("Plaintiff Carrasco") propounded special interrogatories, set one, and demand for production of documents, set one, on defendant Mark Radgowski ("Defendant Mark") on December 27, 2023. (Quiroga Decl. 7.) To date, Defendant Mark has not served responses. (ld. at 10.) Plaintiff Carrasco therefore seeks an order compelling Defendant Mark to respond, without objecti...

Excerpt: ...onetary sanctions. No opposition has been filed. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including privilege and w ork product, unless “[t]he party has subsequently served a response that is in substantial compliance” and �...

Excerpt: ...ligence and general negligence arising out of an accident occurring on October 4, 2019, at or near the intersection of Reseda Bo ulevard and Devonshire in Los Angeles. On October 18, 2023, Irwin Leslie Jasper (erroneously sued as Rwin Leslie Jasper) (“Defendant”) filed an answer to the complaint. On October 18, 2023, Defendant served Plaintiff with written discovery, including Form Interrogatories (Set One), Special Interrogatories (Set One),...

Excerpt: ...f granted a Deed of Trust to Downey Savings and Loan Association to secure an obligation which had the principal sum of $500,000.00. Later, Plaintiff granted a second Deed of Trust to National City Bank to secure an obligation which had the principal sum of $80,000.00. On June 2, 2008, Plaintiff alleges she entered into a modification agreement with Downey which she believed merged the National and Downey obligations into one loan. Plaintiff did ...

Excerpt: ...cel” or “Plaintiff”) filed these motions to compel Defendant Tigran Petrosyan (“Petrosyan” or “Defendant”) to provide responses to Form Interrogatories, Set One, and to have Requests for A dmission, Set One, deemed admitted against Petrosyan. Excel also seeks sanctions against Petrosyan and his counsel of record. The motions are unopposed.[1] II. LEGAL STANDARD If a party to whom interrogatories were directed fails to serve a timely...

Excerpt: ...otice of Settlement of Entire Case. On January 19, 2017, Plaintiff and Defendant Carmiel Cohen entered into a Settlement Agreement and Release (the “Agreement”). The court dismissed the action pursuant to the Agreement on February 16, 2017. The parties, who have two children together, agreed that Defendant was to make child support payments until the parties' youngest child turned 18 years of age on July 25, 2021, and to pay Plaintiff the sum...

Excerpt: ...ments pursuant to a settlement agreement in this case. Plaintif fs also request $17,755.64 in costs and attorney's fees. The Court GRANTS Plaintiffs' motion to enforce the settlement. The Court GRANTS Plaintiffs' request for attorney's fees and costs in the amount of $17,755.64. Eisenberg shall pay this amount to Plaintiff's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on October 12, 2023 against De...

Excerpt: ...FOR MODIFICATION OF ROYALTY INJUNCTION TO PERMIT PAYING ROYALTIES INTO AN INTEREST- BEARING ESCROW ACCOUNT I. BACKGROUND On July 9, 2014, Plaintiff Pine Valley, Inc. (“Pine Valley”) filed a Complaint against Defendants, Ajinomoto North America, Inc., Ajinomoto Frozen Foods, U.S.A, Inc., and Trader Joe's Company, alleging causes of action for (1) breach of written contract, (2) intentional interference with prospective economic advantage, (3) ...

Excerpt: ...mons and complaint on Defendant City of Los Angeles (“Defendant”). On March 21, 2023, default was entered against Defendant. On March 7, 2024, Defendant filed the instant motion to vacate and set aside the default under Code of Civil Procedure section 473(b) and on equitable grounds. Default judgment has not been granted against Defendant. Plaintiff opposes this motion. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court ma...

Excerpt: ... Defendants Amanda Staveley (“Staveley”) and Cantervale Limited (“Can tervale”) (collectively, “Moving Defendants”). Staveley is a citizen of England who resides in London and Dubai. (Declaration of Amanda Staveley filed March 20, 2024, at ¶ 2.) Staveley is the founder, sole shareholder, and director of Cantervale, an English company. (Id. at ¶ 3.) Plaintiff filed proofs of personal service on Cantervale and Staveley on March 1, 202...

Excerpt: ...ssociation is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is an unlawful detainer action arising from the Defendant's alleged failure to pay rent. On March 15, 2024, Plaintiff Bridgetown Investments, LLC (“Plaintiff”) filed a complaint against Defendant Prime Time Basketball Association, Inc. (collectively, “Defendant”), and Does 1 through 10, alleging a single cause of action for ...

Excerpt: ...ult and default judgment. Defendant's answer was filed the same day. No further action is reflected on this case's docket. On March 5, 2024, Plaintiff Adel Tanious filed a motion to set the case for trial for a date before August 1, 2024. According to Plaintiff, because he filed this action on August 1, 2019, trial must be set before August 1, 2024 to avoid dismissal. (Motion at p. 4; see Code Civ. Proc., § 583.310.) Defendant argues that “Pla...

Excerpt: ...ve to file an amended answer though legal counsel, as corporations cannot represent themselves in California without a lawyer I. BACKGROUND A. Factual On April 19, 2024, Plaintiff, RREEF America Reit II Corp. BBB (“Plaintiff”) filed an unlawful detainer complaint against Defendant, Burkelly, Inc., a California corporation doing business as “CYCLEBAR” (“Defendant”), and DOES 1 through 10. The complaint is based on Plaintiff's allegatio...

Excerpt: ...no Sales (collectively, “Plaintiffs”) filed this action against Defendants Fermin M. Fuentes and Jeanette De Angel (jointly, “Defendants”) On September 25, 2023, Plaintiffs filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) wrongful eviction, (2) breach of covenant of quiet enjoyment (tort), (3) breach of covenant of quiet enjoyment (statute), (4) intention al infliction of emotional distress, (5) v...

Excerpt: ... to give Notice. This motor vehicle action was filed by Plaintiff RAUL HEREDIA (“Plaintiff”) against Defendants ACCESS SERVICES; CALIFORNIA TRANSIT, INC; LOS ANGELES COUNTY; MYNOR RUBEN HERNANDEZ; and MELISSA ELAINE DOOLITTE (collectively “Defendants”) on October 27, 2022. Plaintiff alleges that “[o]n or about December 15, 2021, PLAINTIFF, a legally blind and disabled person, contacted Defendant ACCESS SERVICES… for transportation ser...