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2019.6.17 Motion for Attorney's Fees 476
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.17
Excerpt: ...torneys' fees. Furthermore, much of the time billed was not necessary to the defense of this action. REPLY: The indemnity provision must be interpreted to provide for attorneys' fees to the prevailing party. Plaintiff's strong-arm tactics required a significant effort on defense by Defendant. ANALYSIS Legal Standard <004c004000510003004400 00510003005200510003[a contract, where the contract specifically provides that attorney's fees and costs, wh...
2019.6.17 Demurrer 685
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.17
Excerpt: ...y are high-frequency litigators, and the Complaint alleges facts sufficient to state a cause of action. REPLY: The opposition does not address the deficiencies in the Complaint. ANALYSIS: Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness...
2019.6.12 Motion to Compel Deposition 830
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.12
Excerpt: ...nd Kurosh Kay (“Mr. Kay”) on June 22, 2018. The parties then proceeded to discovery. On November 26, 2018, Plaintiff noticed a deposition of Winger's Inc.'s person most knowledgeable (“PMK” or “PMQ”) for December 17, 2018. (Motion, Abramson Decl. ¶ 4, citing to Exh. 1.) On December 12, 2018, Winger's Inc.'s counsel indicated that someone named Mr. Khodayeki would be attending the PMQ deposition. (Id., Abramson Decl. ¶ 5, citing to E...
2019.6.12 Motion for Terminating, Issue, Evidence, and Monetary Sanctions 929
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.12
Excerpt: ...laintiff Garcia is prohibited from presenting evidence, including witness testimony, at trial regarding the above categories of information: (1) Defendant's alleged breach of contract; and (2) Plaintiff Garcia's alleged damages. REQUEST FOR RELIEF: Grant terminating sanctions against Plaintiffs for their failure to comply with the court's earlier orders regarding discovery responses. Alternatively, grant issue, evidence or monetary sanctions. OPP...
2019.6.12 Demurrer 345
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.12
Excerpt: ...er to the Complaint on May 15, 2019. II. Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) “The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris ...
2019.6.11 Petition to Correct Contractual Arbitration Award 321
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.11
Excerpt: ... Bench Producers”) (“Respondent”). The Court, however, cannot consider the Petition at this time. II. Discussion “The prevailing party in an arbitration therefore may petition the court to confirm an award; the losing party may petition to modify or vacate the award entirely. [Citations.]” (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 765.) A. Service of Petition CCP § 1286.8 states in pertinent part: “The court may not correct a...
2019.6.11 Petition to Compel Arbitration 127
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.11
Excerpt: ...'s purchase of a used vehicle, namely a 2013 Nissan Altima 4C, from nonparty Family Auto Group, Inc. dba Familia Motors. (Compl. ¶¶ 3, 14.) Defendant is the holder of that sales contract of the vehicle. (Id. ¶ 6.) On March 28, 2019, Plaintiff brought the instant Petition to Compel Arbitration (the “Petition”), contending that Defendant failed to submit to arbitration as required by the sales contract. Defendant filed an Opposition on May 2...
2019.6.11 Motion to Vacate Default 805
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.11
Excerpt: ... 2019, Defendant filed a Motion to Vacate Default (the <004f000300510052005700 4c004600480011[ II. Legal Standard “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.” (CCP § 473.5(a)...
2019.6.11 Motion to Quash Service of Summons 053
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.11
Excerpt: ...��), and Annie Eum aka Ann Eum (“Annie”) (erroneously sued as separate individuals, “Annie Eum” and “Ann Eum”) (collectively, “Defendants”). On July 11, 2018, Plaintiff filed the operative First Amended Complaint (the “FAC”). Defendants filed the instant Motion to Quash Service of the Summons (the “Motion”) on November 29, 2018 and an Amended Motion to Quash Service (the “Amended Motion”) on May 17, 2019. The Court con...
2019.6.11 Motion for Attorneys' Fees 412
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.6.11
Excerpt: ... relate to Attorney Smith. The Court believes it can be fair and impartial and does not believe that the foregoing circumstances warrant recusal. Any party who contends that disqualification or recusal is required must file a verified statement of disqualification for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. TENTATIVE RULING: Defendant Helen Xu'...
2019.5.30 Motion to Amend Judgment 643
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.30
Excerpt: ...�Yi”). Yi cross-complained for unfair business practices, fraud, and abuse of process against Fontano and H.J. Sims (“Sims”). Default was entered against Fontano on November 14, 2012, and against Sims on March 14, 2013. Judgment was entered jointly and severally against Fontano and Sims on April 24, 2015, in the amount of $16,650.00. On July 20, 2016, the court granted Fontano's motion to set aside the entry of default and default judgment ...
2019.5.30 Motion to Vacate Default, Judgment 920
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.30
Excerpt: ...dant a motion to vacate the entry of default and default judgment. The matter initially came for hearing on September 11, 2018, at which time it was continued to September 13, 2018 to allow Defendant to file proof of service of the motion, notice of the continuance of this hearing date, and any papers to correct the evidentiary deficiencies in his moving papers. Defendant was also ordered to serve such papers and file a proof of service of the sa...
2019.5.30 Motion to Vacate Judgment 957
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.30
Excerpt: ...lity against Defendant Timothy Grady (“Defendant”) on January 22, 2016. Following a trial held on July 24, 2017, judgment was entered in Plaintiff's favor. On October 12, 2017, the court awarded Plaintiff attorneys' fees and costs. Two months later, Defendant filed a motion to vacate the judgment based on excusable neglect that the court granted on February 20, 2018. Trial was then rescheduled, and after multiple continuances, held on January...
2019.5.30 Demurrer 640
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.30
Excerpt: ...and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is bro...
2019.5.30 Motion to Dismiss Complaint 184
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.30
Excerpt: ...t alleged causes of action for (1) breach of contract; and (2) common counts. On March 14, 2019, the court sustained Defendants' demurrer to the Complaint with 20 days' leave to amend and placed their motion to strike portions of the Complaint off calendar. On April 30, 2019, the court denied Defendants' Motion to Dismiss Plaintiff's Complaint with Prejudice for lack of exigency and ruled that Defendants could file a noticed motion for the relief...
2019.5.29 Demurrer 746
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.29
Excerpt: ... James A. Ovenden (“Ovenden”). On May 1, 2019, Defendants Shiomoto and DMV (collectively, “Moving Defendants”) filed a Demurrer to the Complaint. Before filing a demurrer, the moving party must meet and confer in good faith with the responding party. (CCP § 430.41(a).) Having reviewed Moving Defendants' counsel's meet-and-confer declaration, the Court is satisfied with the effort. II. Legal Standard “A demurrer tests the legal sufficie...
2019.5.29 Motion for Relief Pursuant to CCP 473 (B)
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.29
Excerpt: ...N: Untimely filed on May 22, 2019. TENTATIVE RULING: On June 21, 2016, Los Angeles Unified School District (“the District”) filed the instant action to recover allegedly mistaken wage overpayments made to dozens of employees, including Roshini Das (“Das”). On August 23, 2018, Das filed her First Amended Cross- Complaint. On October 25, 2018, the court reclassified this case to a court of unlimited jurisdiction due to the claims in the Fir...
2019.5.29 Motion to Enforce Settlement Agreement 469
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.29
Excerpt: ... action pursuant to the Agreement. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settleme...
2019.5.28 Motion to File Amended Petition 245
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.28
Excerpt: ...uest to Seal Records Together with the Amended Petition, Petitioner lodged Claimant's medical records conditionally under seal and filed an application for an order sealing the medical records. Under Cal. Const., art. I, § 3, subd. (b)(1), “The people have the right of access to information concerning the conduct of the people's business.” “[A] constitutional right of access to certain court documents grounded in the First Amendment. [Cita...
2019.5.28 Motion for Assignment Order and Restraining Order 582
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.28
Excerpt: ...1b>, Judgment Creditor filed an Assignment of Judgment, assigning its right to the judgment to Sacor Financial, Inc. (“Sacor”). As the assignee of judgment, Sacor filed the instant Motion for Assignment Order <0055005c00030015001b00 00370052000300470044>te, no opposition has been filed. Sacor asks for an assignment order with respect to all Judgment Debtor's fees for rides, tips and bonuses earned as an Independent Contractor for Uber Technol...
2019.5.28 Motion to Quash Service of Summons and Complaint 994
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.28
Excerpt: ...1b>, Judgment Creditor filed an Assignment of Judgment, assigning its right to the judgment to Sacor Financial, Inc. (“Sacor”). As the assignee of judgment, Sacor filed the instant Motion for Assignment Order <0055005c00030015001b00 00370052000300470044>te, no opposition has been filed. Sacor asks for an assignment order with respect to all Judgment Debtor's fees for rides, tips and bonuses earned as an Independent Contractor for Uber Technol...
2019.5.23 Demurrer 121
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.23
Excerpt: ...g used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. However, in construing the allegations, the court is to give effect t...
2019.5.23 Motion for Summary Judgment 340
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.23
Excerpt: ...firms that the traffic signal at the intersection where the accident occurs switches from green to red within a few seconds, thereby failing to give motorists enough time to enter and exit the intersection. The facts presented here were known to the County when it brought its first motion for summary judgment. The issues on which this motion is based were already adjudicated in Lee's favor in the original motion. Cross-Defendant Southern Californ...
2019.5.23 Motion for Terminating, Issue, Evidence, and Monetary Sanctions 929
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.23
Excerpt: ...aintiff Garcia's ignorance is no excuse for failing to respond. Pro per litigants are held to the same standards as attorneys. The responses provided are deficient, warranting an issue or evidence sanction. ANALYSIS-TENTATIVE RULING: Defendant Brock Plumbing, Inc.'s Motions for Terminating Sanctions, or in the alternative, for an Order Imposing Evidentiary and/or Issue Sanctions, and for Monetary Sanctions is GRANTED in part, and DENIED in part. ...
2019.5.23 Motion to Confirm Arbitration Award 095
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.23
Excerpt: ... petition on December 14, 2011. On October 23, 2018, the court set the hearing on the Petition for December 20, 2018, and ordered Petitioner to provide notice of the hearing on all parties to this action, and file proof of service thereof. At the hearing on December 20, 2018, neither party appeared. The court found Petitioner had not complied with the service requirements under Code of Civil Procedure section 1290.4 and continued the matter to Fe...
2019.5.23 Motion to Vacate Default, Judgment, to Quash Service 313
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.23
Excerpt: ...dgment, and Motion to Quash Service of Summons is continued to July 17, 2019 at 8:30 am in Department 94. Discussion <004f004800030030004400 00480052005a00510048[rs Association (“Plaintiff”) filed this action against Defendant Forrest Bailman (“Defendant”). Plaintiff's application for publication was granted on May 7, 2013. Following his failure to respond, default was entered against Defendant on August 7, 2013, and default judgment was ...
2019.5.23 Motion for Reconsideration 089
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.23
Excerpt: ... statute. TENTATIVE RULING: Defendants Ashot Manukian and Marina Manukian's Motion for Reconsideration is DENIED. Discussion Plaintiff Rafael D. Miranda (“Plaintiff”) filed the instant action for breach of contract, promissory fraud, and common counts against Defendants Ashot Manukian and Marina Manukian on December 30, 2015. A First Amended Complaint was filed on June 19, 2017. Following Defendants' failure to appear, the court entered Defen...
2019.5.22 Motion to Enforce Settlement Agreement 245
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.22
Excerpt: ... to resolve their contractual dispute. (Ahluwalia Decl. ¶ 2, Exh. A.) Pursuant to the Settlement Agreement, Defendants fulfilled their obligation to pay Plaintiff $18,000, but Plaintiff failed to fulfill his obligation to dismiss this action. For this reason, Defendants brought the instant Motion to Enforce Settlement Agreement (the “Motion”) on March 21, 2019. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipul...
2019.5.22 Motion to Amend Assignment Order 956
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.22
Excerpt: ...s, however, failed to pay the money judgment. In order to effectuate the enforcement of judgment, the Court issued an Assignment Order on May 2, 2018, assigning Defendants' right to payments from the Center for Medicaid and Medicare Services (“CMS”) to Plaintiff under CCP § 708.510 and 42 C.F.R. §§ 424.86, 424.90. Plaintiff then sought to enforce the assignment order, but Noridian Healthcare Services, LCC (“Noridian”), an entity to whi...
2019.5.22 Motion for Summary Judgment 466
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.22
Excerpt: ...lifornia Automobile Insurance Co. (“Plaintiff”) paid to nonparty Warren Rositter (“Mr. Rositter”). (Compl. ¶¶ 8, 13.) The controversy originates from a September 11, 2016 car accident involving Robert Lopez (“Mr. Lopez”), who was a driver insured by Plaintiff. (Id. ¶¶ 7, 17.) Mr. Rositter, an insured of Defendant, was a passenger in Mr. Lopez's car at the time of the accident and, as a result, suffered personal injuries. (Id. ¶¶...
2019.5.22 Motion for Leave to File Amended Complaint 331
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.22
Excerpt: ...ctober 2018. Plaintiff then filed a first amended complaint on September 19, 2018. On March 18, 2019, Plaintiff filed the instant Motion for Leave to File Second Amended Complaint (the “Motion”). II. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, o...
2019.5.22 Motion for Attorney's Fees 492
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.22
Excerpt: ...��). Pursuant to the Application for Entry of Sister State Judgment, filed on May 16, 2017, this court entered judgment against Defendants in the amount of $4,871.30. On January 7, 2019, Plaintiff filed the instant Motion for Award of $3,025.00 in Attorney's Fees and $574.25 in Costs (the “Motion”),totaling $3,599.25. In the Motion, Plaintiff asks the Court to take judicial notice of certain exhibits, but the Court may consider the exhibits w...
2019.5.9 Motion to Vacate Renewal of Judgment 140
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.9
Excerpt: ...t judgment on May 12, 1999. The judgment was first renewed on March 18, 2009 and then again on December 14, 2018. Notice of the latest renewal of judgment was served on Defendant on February 15, 2019. Defendant filed the instant motion to vacate the renewal of judgment on March 15, 2019. Notice that the judgment was assigned to Cavalry Investments, LLC (“Judgment Assignee”) having been filed on August 27, 2012, Judgment Assignee filed its opp...
2019.5.9 Motion to Strike Answer 889
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.9
Excerpt: ...the supplemental papers may result in the Motion being taken off calendar or denied. Opposition and reply papers are to be filed per the Code of Civil Procedure. Discussion On February 21, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiffs”) filed this action for automobile subrogation against Defendant Janet Cruz (“Defendant”). On January 14, 2019, the Court granted Plaintiff's motion to compel Defendant's respon...
2019.5.9 Motion to Expunge Notice of Lien 881
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.9
Excerpt: ... contractual relationship ended in May, 2016. (Id. at ¶4.) In December, 2015, the dissolution proceeding ended with a stipulation for entry of judgment pursuant to which Defendant received certain real property as her sole and separate property. (Id. at ¶5.) In July, 2016, Plaintiff filed a Notice of Lien in the dissolution proceeding. (Id. at ¶6 and Exh. 2.) In October, 2017, Plaintiff filed an Amended Notice of Lien and recorded it with the ...
2019.5.9 Demurrers 953
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.9
Excerpt: ...tive damages and granted without leave to amend as to the request for attorneys' fees. ANALYSIS: Background On December 17, 2018, Plaintiff Sabrina Schloss (“Plaintiff”) filed the instant action for medical malpractice and other claims against Defendants Studio City Orthodontist, Joshua Candelaria, and Katayoon Shafagh, D.D.S. (“Defendants”). Defendants filed the instant demurrers and motions to strike on March 7, 2019. They are accompani...
2019.5.8 Demurrer, Motion to Strike 258
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.8
Excerpt: ...kground On February 5, 2019, Plaintiff Nathaniel J. Friedman (“Plaintiff”) filed this breach-of-contract action against Defendants NK Beverly Hills Corp. (“NK”) and Shah Kashfi (“Kashfi”) (collectively, “Defendants”). This action arises from a commercial lease agreement (the “Lease”) signed by Plaintiff and NK. (Compl., Exh. A p. 5.) On March 13, 2019, Defendants filed their Demurrer to and Motion to Strike the Complaint. Plai...
2019.5.8 Motion to Vacate Dismissal 559
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.8
Excerpt: .... Trial is set for August 19, 2019 at 8:30 a.m. in Department 94. All discovery cut-off dates follow the new trial date. I. Background This action arises from an automobile accident involving Plaintiff Victor Nava Valdez (“Plaintiff”) and Defendant Nellie Hernandez Berumen. On January 14, 2019, the Court dismissed this action without prejudice because Plaintiff failed to appear for trial. On March 7, 2019, Plaintiff filed a Motion to Vacate D...
2019.5.8 Motion to Enforce Settlement Agreement 894
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.8
Excerpt: ...resolve their dispute. (See Doss Decl. ¶ 3, Exh. A.) Because Defendant failed to fulfill its obligations under the Settlement Agreement, Plaintiff filed a Motion to Enforce Settlement Agreement (the “Motion”) on March 25, 2019. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or par...
2019.5.8 Motion to Vacate Default, Judgment 063
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.8
Excerpt: ...an automobile accident between Plaintiff Victor Barrera-Maldonado (“Plaintiff”) and Defendant Jorge Arevalo (“Defendant”). A default was entered against Defendant in June 2017, and a default judgment was entered against him in April 2018. On April 4, 2019, Defendant filed a Motion to Quash Service of Process and Vacate Default and Default Judgment (the “Motion”). Defendant was served with the Summons and Complaint by substituted servi...
2019.5.7 Demurrer 676
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.7
Excerpt: ...mended Complaint (the “FAC”), erroneously titled as a “Cross-Complaint,” the Court sustained Defendant's demurrer to the FAC with leave to amend on January 29, 2019. A day later, Plaintiff filed a three-page Second Amended Complaint (the “SAC”). On March 21, 2019, Defendant filed another Demurrer to the SAC. Plaintiff has not filed an opposition to the pending demurrer. II. Meet and Confer “Before filing a demurrer pursuant to this ...
2019.5.7 Motion for Summary Judgment 990
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.7
Excerpt: ...il 18. Defendant replied on May 2. The controversy at issue arose from Defendant's store in West Hills on the morning of January 13, 2018 when Plaintiff, who is African American, asked a female employee to use the restroom there. (Oppo., Resp. to UMF Nos. 4, 8-9.) The restroom required a code to be opened, and under Defendant's policy, the code was only given to customers. (Id., Resp. to UMF Nos. 2- 3.) Defendant claims it had this policy in orde...
2019.5.7 Motion to Compel Further Responses, for Monetary Sanctions 109
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.7
Excerpt: ...ication for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. TENTATIVE RULING: Plaintiff First Capitol Consulting, Inc.'s Motions to Compel Defendant Gen Restaurant Management, LLC's Further Responses to the Requests for Admissions and Requests for Production of Documents, and to Request for Monetary Sanctions are GRANTED. Defendant Gen Restaurant Manag...
2019.5.7 Motion to Strike Costs 814
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.7
Excerpt: ...nse to the supplemental evidence in accordance with CCP § 1005. Briefing will close after Defendant's filing, if any. I. Background After Plaintiff Rosa Henriquez (“Plaintiff Henriquez”) and Juan Sandoval (“minor Plaintiff”) filed this action against Defendant Edgar Pineda (“Defendant”) on January 11, 2017, the parties proceeded to arbitration to resolve their dispute. On October 9, 2018, the arbitrator issued an award in favor of Pl...
2019.5.6 Motion for Leave to File Complaint 340
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.6
Excerpt: ...st the City of Rosemead. In fact, the County's government claim against the City was denied in early November 2018. The court should exercise its discretion to deny leave to file the proposed cross- complaint. REPLY: The County sought numerous times to resolve this dispute without court intervention. It is only due to the fact that the City dismissed these attempts without good reason that the County now seeks leave to bring its cross-complaint. ...
2019.5.6 Motion for Terminating Sanctions 069
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.6
Excerpt: ... of May 1, 2019. REPLY: None filed as of May 1, 2019. Plaintiff filed the instant motion for terminating sanctions on March 14, 2019 due to Defendants' failure to comply with the court's December 6, 2018 order. To date, no opposition has been filed and Defendants have not complied with the court's December 6, 2018 order. (Motion, Mendelson Decl., ¶3.) Where a party willfully disobeys a discovery order, courts have discretion to impose terminatin...
2019.5.6 Motion to Vacate Default, Judgment, to Quash Service 805
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.6
Excerpt: ... be granted against Defendant and his attorney of record. REPLY: Defense counsel reached out numerous times to Plaintiff's counsel in an effort to have the default and default judgment set aside by stipulation. The motion and supporting papers demonstrate that good cause exists to vacate the default and judgment. TENATIVE RULING: The hearing on Defendant's Motion to Vacate Default and Default Judgment, and Motion to Quash Service of Summons is co...
2019.5.6 Motion to Vacate Default, Judgment 894
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.6
Excerpt: ...heir failure to file responsive pleading, the court entered Defendants' defaults on May 23, 2018 and default judgments on September 5, 2018. On March 20, 2019, Plaintiff filed the instant motion to vacate the entry of default and default judgment. To date, no opposition has been filed. <0026005200470048000300 00030033005500520046>edure section 128, on the grounds that the court can amend its orders to conform to the law. Alternatively, it is brou...
2019.5.6 Motion to Quash Service of Summons 150
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.6
Excerpt: ...f summons was filed on March 5, 2019. On March 29, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint (the “Motion”). To date, no opposition has been filed. Timing of Motion “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good causeallow, may serve and file a notice of motion for one or more of the following purposes: To quash service of su...
2019.5.6 Motion to Compel Deposition, Request for Sanctions 830
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.5.6
Excerpt: ...: The motion is untimely, does not satisfy the meet and confer requirements, and is moot since the PMQ deposition is currently scheduled for May 7, 2019. REPLY: None filed as of May 1, 2019. TENTATIVE RULING: Plaintiff Mariscos Bahia, Inc.'s Motion for an Order Compelling Deposition of Defendant Winger's Inc.'s Person Most Qualified, and for Monetary Sanctions is continued to July 8, 2019 at 8:30 am in Department 94. Code of Civil Procedure secti...

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