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2019.12.10 Petitions for Approval of Minor's Compromises 742
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.12.10
Excerpt: ...y Defendant James Barnett, an employee of Defendant Southern California Regional Rail Authority (“Metrolink”), pulled out from a side street in the path of the now deceased Issac Sanchez (“Issac”) near the intersection of Pearblossom Highway and Small Road in the City of Palmdale, California and causing fatal injuries to Issac. Plaintiffs Raquel Nancy Morales (“Morales”), the surviving spouse of Issac, and Elvia Clara Sanchez (“Elvi...
2019.12.3 Motion for Leave to Conduct Additional Neurological and Psychological Medical Exams 048
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.12.3
Excerpt: ...equest for sanctions is DENIED. Defendant to give notice. 2. Background This action arises from an auto collision occurring on or about November 15, 2016 at the intersection of Avenue N and 11th Street West in Palmdale, California, where Defendant Ana Galvan in her vehicle made a left turn in front of Plaintiff Andrew Crawford who was riding his motorcycle. Plaintiff Andrew Crawford filed the Complaint on October 16, 2018, wherein he alleged a ca...
2019.12.3 Motion to Reclassify Action 931
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.12.3
Excerpt: ... Salon, & Spa, allegedly suffered an injury caused by one of Defendant's employees, consisting of a deep cut with an unsanitized utensil into the skin surrounding her big toe, and then had her foot placed into unsanitary footbath water. As a result of the incident, Plaintiff alleges that she suffered an onychomycosis nail fungal infection. Plaintiff filed her personal injury Complaint in this action on May 01, 2018. Plaintiff filed a First Amende...
2019.12.3 Motion to Review and Dismiss 431
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.12.3
Excerpt: ...tion of marriage, LASC Case No. BD524898. Defendant is a self-represented litigant currently serving a federal prison sentence in Lompoc, California. On September 29, 2017, Plaintiff filed his Complaint, alleging that Defendant failed to make timely payments to him and asserting a Breach of Contract cause of action. This Court's notes reflect that on June 7, 2018, this Court received an ostensible Motion Requesting Extension of Time to Answer Sum...
2019.12.3 Petition to Compel Arbitration and Appoint an Arbitrator 240
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.12.3
Excerpt: ...hich occurred on or about August 29, 2016 involving Claimant Donald L. Parris and an underinsured motor vehicle. Claimant submits that on September 16, 2019, following settlement with the underinsured driver, he filed a claim with his insurance company. In regards to his claim, Claimant Donald L. Parris filed a petition on September 25, 2019 stating therein that after making an underinsured motorist claim to Respondent State Farm Mutual Automobil...
2019.11.19 Motion to Compel Medical Exam 048
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.11.19
Excerpt: ...equest for sanctions is DENIED. Defendant to give notice. 2. Background This action arises from an auto collision occurring on or about November 15, 2016 at the intersection of Avenue N and 11th Street West in Palmdale, California, where Defendant Ana Galvan in her vehicle made a left turn in front of Plaintiff Andrew Crawford who was riding his motorcycle. Plaintiff Andrew Crawford filed the Complaint on October 16, 2018, wherein he alleged a ca...
2019.3.27 Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attornery's Fees 296
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.27
Excerpt: ...nt of Funds is set for June 3, 2019 at 1:30 p.m. in Department 94. Each claimant must file a written claim within 30 days of this order; the written claim should include a declaration setting forth the basis for the claim of ownership or interest. All claimants must also personally appear at the June 3, 2019 disbursement hearing. If no appearances are made, the matter will be set for an <0052004700480003008600 0011000c[ I. Background On January 1...
2019.3.27 Motion to Vacate Default 014
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.27
Excerpt: ...mons 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. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default jud...
2019.3.27 Demurrer 815
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.27
Excerpt: ...he hearing is TAKEN OFF CALENDAR. On February 21, 2019, LOSK filed an Answer. On March 1 and 4, 2019, Plaintiff filed substantially the same Demurrers to the Answer. The Court STRIKES the March 4 Demurrer and considers the March 1 Demurrer. TENTATIVE RULING: Plaintiff Vosgy Kousayan's Demurrer to the Answer is OVERRULED. I. Background : Plaintiff Vosgy Kousayan (“Plaintiff”) filed this legal malpractice action on August 8, 2016 and the operat...
2019.3.27 Demurrer 998
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.27
Excerpt: ...n her Opposition, the Court is persuaded that there is a possibility that she could cure the discussed defects below. Accordingly, the Court GRANTS Plaintiff 15 days' leave to amend the Complaint. On December 1, 2017, Plaintiff Teresa Diaz Galeno (“Plaintiff”) filed this action against Defendant Los Angeles County Sheriff's Department (“Defendant”) for alleged the negligent act of Lojoya Montanet, Defendant's employee. (See Compl. ¶¶ 4,...
2019.3.27 Motion to Compel Arbitration, to Dismiss or Stay Action 069
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.27
Excerpt: ...demonstrating a valid and enforceable Arbitration Agreement. (See 12/19/18 Minute Order p. 2.) The Court then turned to Plaintiff's arguments as to why arbitration should not be compelled and found that they were all unavailing, except for the argument on unconscionability. (See id. pp. 2-4.) The Court, therefore, continued the hearing on this Motion to allow the parties to file supplemental papers to address the issue of unconscionability. (See ...
2019.3.26 Motion for Reclassification 458
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.26
Excerpt: ...(d)(3).) All hearing and trial dates are ADVANCED to today's date and VACATED. The Court sets a non-appearance OSC re Payment of Reclassification Fee for May 10, 2019 at 8:30 a.m. in Dept. 94. I. Background On September 27, 2017, Plaintiff Young Eun Choi (“Choi”) brought this action for conversion against Defendant Romy Tiffanie Han (“Han”). On January 16, 2019, Choi filed an Answer to the Complaint and a Cross-Complaint for $61,000 in da...
2019.3.26 Motion to Vacate Dismissal 168
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.26
Excerpt: ..., 2019, Plaintiff Felicia Mobley dba Mobley Law Offices, inpro per, filed a Motion to Vacate Dismissal (the “Motion”) under the discretionary provision of CCP § 473(b). II. Legal Standard “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. App...
2019.3.25 Application for Relief from Financial Obligation During Military Service 597
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.25
Excerpt: ...ant part: A service member may, at any time during his or her most current period of military service or within six months thereafter, petition a court for relief in respect of any obligation or liability incurred by the service member before the effective date of the orders for his or her most current period of military service or in respect of any tax or assessment whether falling due before or during his or her most current period of military ...
2019.3.25 Motion for Terminating Sanctions 041
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.25
Excerpt: ...red Plaintiff Hong Rae Park to serve Defendant with verified responses to form interrogatories and requests for production within 20 days. Plaintiff was further ordered to pay Defendant monetary sanctions within 30 days of the order. Defendant served Plaintiff with notice of the order on January 10, 2019. (Motino, Whitemeyer Decl., Exh. A.) As of the filing of this motion, Plaintiff has failed to comply with any part of the court's order. (Id. at...
2019.3.25 Demurrer 638
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.25
Excerpt: ...r on February 26, 2019. Plaintiff filed its opposition on March 5, 2019. The demurrer is procedurally defective in a number of respects. First, it is not accompanied by a proof of service demonstrating notice as required by Code of Civil Procedure section 1005. Indeed, Defendant points out that it was never served with the demurrer, but having discovered it online has filed a opposition. Second, the demurrer is not accompanied by a meet and confe...
2019.3.21 Motion for Attorneys' Fees 189
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.21
Excerpt: ... association, and Defendant is a member of the association as a condominium owner. (Compl. pp. 3-4.) Defendant and Plaintiff previously engaged in litigation and settled an action brought by Plaintiff for violation of its CC&Rs, where Defendant agreed to evict his tenant. (Id. p. 3; Motion, Exh. 2.) Plaintiff wanted Defendant's tenant to be evicted because he was renting out his space on Airbnb in violation the homeowner association's rules and r...
2019.3.21 Motion for Assignment Order and Restraining Order 582
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.21
Excerpt: ...April, 2008 and March, 2018. On July 23, 2018, Judgment Creditor filed an Assignment of Judgment with respect to Assignee Sacor Financial, Inc. (“Sacor Financial”). On January 28, 2019, Sacor Financial filed the instant motion for assignment order and restraining order. To date, no opposition has been filed. Legal Standard Code of Civil Procedure, section 708.510, subdivision (a) states, in relevant part: (a) Except as otherwise provided by l...
2019.3.21 Motion for Summary Judgment 237
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.21
Excerpt: ...n opposition. Villa v. McFerren (1995) 35 Cal.App.4th 733. When a Defendant or Cross-Defendant seeks summary judgment, he/she must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. CCP § 437c(p)(2). When a Plaintiff or Cross- Complainant seeks summary judgment, he/she must produce admissible evidence on each element of each cause of action on w...
2019.3.21 Motion to Compel Further Production of Docs 130
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.21
Excerpt: ...ntreal Family Trust and transfers by Attorney Keith A. Kink is granted. Background Plaintiff / Judgment Debtor Dov Charney (“Judgment Debtor”) (formerly president and CEO of American Apparel, Inc.) filed the instant action for defamation, false light, and other claims against Defendants Standard General, LP, Standard General Master Fund, LP, and P Standard General Ltd. (“Judgment Creditors”) on May 7, 2015. On September 30, 2015, the cour...
2019.3.20 Motion to Compel Arbitration and to Dismiss or Stay Action 726
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...Plaintiff”) filed this action against Defendant Navient Solutions, LLC (“Defendant”). On September 26, 2018, Defendant filed a Motion to Compel Arbitration and to Dismiss, or in the Alternative, Stay Action (the “Motion”). On October 30, Plaintiff filed an opposition. Defendant replied on November 6. Then, Defendant requests Court's permission to file a sur-reply; the request is DENIED and the sur-reply is STRICKEN from the record, thou...
2019.3.20 Motion for Terminating Sanctions 092
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...Defendant”). Because Plaintiff failed to respond to Defendant's forms interrogatories and requests for production of documents, the Court, on October 11, 2018, ordered him to respond and imposed monetary sanctions. (See 10/11/18 Minute Order.) Plaintiff still has not complied with the Court's October 11 Order. (See Motion, Bakshandeh Decl. ¶ 7.) As a result, Defendant filed Motion for Terminating Sanctions (the “Motion”) on December 31, 20...
2019.3.20 Motion to Compel Arbitration and to Dismiss or Stay Action 835
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...his action against Defendant Navient Solutions, LLC (“Defendant”). On September 28, 2018, Defendant filed a Motion to Compel Arbitration and to Dismiss or, in the Alternative, Stay Action (the “Motion”). On October 31, Plaintiff filed an opposition. Defendant replied on November 6. At the previous hearing, the Court continued this matter to allow Defendant to file supplemental evidence to demonstrate that it andSallie Mae, the name of the...
2019.3.20 Motion for Judgment on the Pleadings 986
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...Johnson serving a notice of this ORDER. The Court awards $900 in monetary sanctions to Defendant Johnson and against Plaintiff Corsini. Sanctions are to be paid within 30 days of Johnson serving a notice of this ORDER. Background <0003000b00b30026005200 0049004c004f00480047[ the instant action claiming that Defendant Yvonne Johnson (“Johnson”) breached the parties' “Unlawful Detainer Stipulation and Judgment” filed October 11, 2016 in Joh...
2019.3.20 Motion for Attorney's Fees 392
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...ee 11/29/18 Minute Order.) The Court, therefore, awarded $4,000 in damages, plus attorney's fees and costs. (See id.) Plaintiff filed a Memorandum of Costs on December 7, 2018 and a Motion for Attorney's Fees on December 11, 2018. II. Legal Standard “Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amou...
2019.3.20 Demurrer 551
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...anuary 25, 2019, Judge Barbara A. Meiers reclassified this action to limtied jurisdiction court. Defendant filed a Demurrer to the FAC on November 28, 2018. Plaintiff filed an Opposition on March 1, 2019; Defendant replied on March 12. 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 g...
2019.3.20 Motion to Vacate Dismissal, for Entry of Judgment 196
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ...ed a Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”) under CCP § 664.6. 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 ma...
2019.3.20 Motion for Summary Adjudication 313
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.20
Excerpt: ... causes of action. Otherwise, there will be a risk of one judgment based on one cause of action and another judgment based on other causes of action. I. Procedural Background On January 22, 2018, Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) filed this action against Defendant Dual Diagnosis Treatment Center, Inc. dba Sovereign Health of California dba Sovereign Health Restaurant adba Sovereign Health Rancho Mirage (“Defendant�...
2019.3.19 Demurrer, Motion to Strike 920
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.19
Excerpt: ...0 0057004b004800510003[filed a Motion to Strike, on November 21, and a Demurrer, on November 29, to the Answer. On December 26, Defendant filed an Opposition to the Motion to Strike; Plaintiff then filed a Reply to the Opposition on January 29, 2019. II. Motion to Strike In a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.”...
2019.3.19 Motion to Vacate Judgment, for Attorney's Fees 957
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.19
Excerpt: ... favor of Plaintiff and against Defendant in the sum of $4,000. Plaintiff then filed a Motion for Attorney's Fees under Civ. Code § 51 on January 14, 2019. On February 5, 2019, Defendant filed a Motion to Vacate Judgment (the “Motion”) under CCP § 473(b), arguing that he made a “mistake, inadvertence, surprise, or excusable neglect” in not appearing for the trial. On March 5, 2019, Plaintiff filed an Opposition. II. Defendant Timothy Gr...
2019.3.19 Motion to Vacate Dismissal, for Entry of Judgment 772
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.19
Excerpt: ...f the Automobile Club (“Plaintiff”) against Defendant Stephanie Suzanne Galan (“Defendant”), but retained jurisdiction under CCP § 664.6. (See 1/11/19 Order.) Plaintiff dismissed former defendant Marcus Justin Galan on July 17, 2018 from this action. (See 7/17/18 Request for Dismissal.) On February 5, 2019, Plaintiff filed a Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”). Plaintiff contends that an error was made...
2019.3.19 Motion for Reclassification 637
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.19
Excerpt: ...Motion to Transfer) (the “Motion”). II. Legal Standard CCP § 403.040 provides in relevant part: “(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may recl...
2019.3.18 Demurrer 779
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.18
Excerpt: ...ness 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. The District filed the instant demurrer on September 10, 2018. The motion is accompanied by a declaration that satisfies the meet and confer requirements of Code of Civil Procedure section 430.41. (See Demurrer, Cheathem Decl.) Das filed her opposition on October 9, 2019, and the District...
2019.3.18 Motion to Transfer Action 849
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.18
Excerpt: ... Richardson v. County of Los Angeles, LASC Case No. BC699104. Defendants filed the instant motion to transfer this action to the unlimited jurisdiction court on February 19, 2019. To date, no opposition has been filed. Defendants move to transfer this case on the grounds that it is related to Richardson, which involves damages of more than $25,000.00. Defendants concede that the damages sought by Plaintiff in this action are only $14,347.00. (Mot...
2019.3.18 Motion to Vacate Order and Extend Time to File Claim 273
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.18
Excerpt: ...e subject property”). On August 23, 2018, the court granted Petitioner's request to deposit funds and be discharged from the action. The court also set the instant hearing regarding disbursement of the funds for August 23, 2018. On August 30, 2018, Petitioner deposited the funds of $11,897.33 with the court and filed proof of service of the notice of hearing. At the hearing regarding disbursement of funds on November 29, 2018, there were no app...
2019.3.18 Demurrer 494
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.18
Excerpt: ...ling 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 <0047004800510046004800 0046005200510056004c[dered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430....
2019.3.14 Demurrer, Motion to Strike 184
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.14
Excerpt: ...murrer 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. 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...
2019.3.14 Motion to Vacate Default, Judgment 899
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.14
Excerpt: ...ant's failure to file a responsive pleading, the court entered his default on February 8, 2018, and default judgment on May 25, 2018. Defendant filed the instant motion to set aside the entry of default and default judgment on October 26, 2018. To date, no opposition has been filed. The matter initially came for hearing on December 13, 2018, at which time it was continued to January 3, 2019. On January 3, 2019, the court continued the hearing to ...
2019.3.13 Demurrer 826
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.13
Excerpt: ...�Plaintiff”) filed the operative First Amended Complaint (the “FAC”) against Defendants City of Los Angeles and Los Angeles Unified School District (“LAUSD”) seeking refund of $21,989.34 in fees under Educ. Code § 17624. (See 6/4/18 Amendment to Complaint [naming LAUSD as Doe 1].) Plaintiff then filed a duplicative FAC on January 22; this duplicative FAC is STRICKEN from the record. On February 11, 2019, LAUSD filed a Demurrer to the F...
2019.3.13 Demurrer, Motion to Strike 256
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.13
Excerpt: ...30.41(a), § 435.5(a).) The Court is satisfied with Moving Defendants' counsel's meet-and-confer effort. (See 12/10/18 Gammill Decl.) Legal Standard “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 v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) The lega...
2019.3.13 Motion to Vacate Default Judgment 211
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.13
Excerpt: ...t Defendant Mark Varela (“Defendant”). Default was entered against Defendant on February 5, 2018, and a default judgment was enteredagainst Defendant on February 28. On August 23, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”). On January 24, 2019, Plaintiff filed an Opposition. On February 14, Defendant filed a Reply (erroneously named as an “Opposition to Plaintiff's Opposition”). Legal Standard “Notice a...
2019.3.13 Motion to Vacate Dismissal 153
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.13
Excerpt: ... inadvertence, surprise, or excusable neglect” under CCP § 473(b). Accordingly, the Court exercises its discretion and deems the Motion as seeking relief under Section 473(b). Relief under CCP § 473(b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc. (1985) 170 Cal.App.3d 725.) It is the policy of the law to favor, wherever possible, a h...
2019.3.12 Motion to Quash Service of Summons and Vacate Default 078
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.12
Excerpt: ...le- negligence action against Defendant Infinity Insurance Corp. (“Defendant”). Default was entered against Defendant on May 30, 2018. On February 1, 2019, Defendant filed a Motion to Quash Service of Summons and Vacate Default (the “Motion”) under CCP § 473.5. II. Discussion A. Defendant's Request to Quash Service of Summons and Demurrer to Complaint In addition to seeking an order vacating the default, Defendant also asks the Court for...
2019.3.12 Motion for Judgment on the Pleadings 386
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.12
Excerpt: ...ecember 29, 2017, Plaintiff Level 1 Roofing, Inc. (“L1R”) filed this breach-of-contract action against Defendants Richard Thompson III (“Richard”), Carolyn Thompson (“Carolyn”), and Finance of America Reverse, LLC (collectively, “Defendants”). On April 26, 2018, Cross- Complainants Thompson and Carolyn (collectively, “Cross-Complainants”) filed the operative First Amended Cross-Complaint (“FAXC”) against Cross-Defendants L...
2019.3.12 Motion for Discharge and Request for Fees and Costs 593
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.12
Excerpt: ...nuary 18, 2018 Minute Order, the Court also instructed Plaintiff to give notice of the Order. At the April 12, 2018 hearing, the Court noted that Plaintiff failed to properly serve the potential claimants. The Court, accordingly, continued the hearing on the disbursement of funds and instructed the court clerk to give notice. Proper notice has been given by the court clerk. At the last hearing on June 14, 2018, the Court set an OSC Hearing re: Es...
2019.3.12 Demurrer 798
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.12
Excerpt: ...erative First Amended Complaint (“FAC”). On January 9, 2018, Defendant filed a Demurrer to the FAC. Plaintiff filed an Opposition on February 4. II. Meet and Confer “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the obj...
2019.3.12 Motion for Assignment Order 017
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.12
Excerpt: ...dant”) pursuant to a Labor Commissioner's decision. On January 30, 2019, Plaintiff filed a Motion for Assignment Order (the “Motion”). Plaintiff seeks an order assigning all revenues Defendant is receiving or may receive from all companies, <00360033003600b4000c00 004f0058005600030014[ Enterprises, LLC (“4P1E”). The Court will not enter an order on all companies, but will consider entering an order on SPS and 4P1E if the evidence suppor...
2019.3.11 Petition to Confirm Arbitration Award 795
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.11
Excerpt: ...ust select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appe...
2019.3.11 Petition to Confirm Arbitration Award 470
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.11
Excerpt: ... instant Petition to Confirm Arbitration Award (the “Petition”). II. Discussion A. Filing Requirements (CCP § 1285.4) CCP § 1285.4 states: “A petition under this chapter shall: a. Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. b. Set forth the names of the arbitrators. (c) Set forth or have attached a copy of the award and the written opinio...
2019.3.11 Motion to Reclassify 280
Location: Los Angeles
Judge: Chang, Wendy
Hearing Date: 2019.3.11
Excerpt: ...ent. (Ibid.) Upon seeking treatment for his condition, Plaintiff has incurred almost $100,000.00 in medical bills and will likely require ongoing medical care. (Id. at ¶6 and Exh. A.) The court finds that the declaration of Plaintiff's attorney is not proper insofar as it is not shown to be based on personal knowledge. Simply stating that the facts therein are made on personal knowledge does not make it so. Clearly, Plaintiff's attorney cannot c...

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