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2024.05.28 Motion to Vacate Judgment 179
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.28
Excerpt: ...2023. A t the hearing on January 29, 2024, the Court continued the hearing to allow Respondent to file a memorandum of points and authorities. (Minute Order, 01/29/24.) On January 31, 2024, the parties filed a stipulation to allow California Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California to intervene in this action. The Court granted the stipulation the same date. (Stip and Ord...
2024.05.28 Motion to Vacate Dismissal and Enter Judgment 471
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.28
Excerpt: ...e Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Daniel Placenti (“Defendant”). Defendant filed an answer on October 12, 2021. On May 24, 2023 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 0...
2024.05.24 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.24
Excerpt: ...HIS ORDER ANALYSIS: On April 19, 2023, an arbitrator issued an Arbitration Award in favor of Maria Avila (“Petitioner”) and against American Complete Home Services, Inc. dba American Air Conditioning & Heating (“Respondent”). On January 19, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). Petitioner filed proof of service of the Petition on May 1, 2024. No response to the Petition has been fil...
2024.05.23 Motion to Vacate Entry of Default 538
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...��) filed the instant action against Defendant The Wood Soul By Lilicales (“Defendant”). Following Defendant's failure to file a responsive pleading, Plaintiff obtained its default on Mar ch 5, 2024. On April 4, 2024, Defendant filed the instant Motion to Vacate Default. Plaintiff filed an opposition on May 10, 2024 and Defendant replied on May 16, 2024. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Proce...
2024.05.23 Motion to Compel Further Responses 613
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...ponses to Special Interrogatories, Set One, is CONTINUED TO June 4, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Jonathan Nissanoff (“Plaintiff”) filed the instant action for common counts and breach of contract against Defendant Oscar Health Plan of California (“Defendant”) on December 27, 2022. Plaintiff filed a First Amended Complaint on February 14, 2023. Plaintiff filed a “Motion to Compel ...
2024.05.23 Motion for Terminating, Monetary Sanctions 740
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...AYS OF NOTICE OF THIS ORDER. ANALYSIS: On September 11, 2020, Plaintiff Leonard R. Tyler (“ Plaintiff”) filed this motor vehicle action against Defendants Noa Estrada and Jose Vargas Guzman (“Defendants”). On December 4, 2023, the Court granted Defendants' discovery motions and ordered Plaintiff to serve responses to interrogatories and requests for production, and to pay sanctions within 20 days. (Minute Order, 12/04/23.) Defendants file...
2024.05.22 Petition to Compel Arbitration and Stay Proceedings 077
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.22
Excerpt: ...SE. ANALYSIS: On February 14, 2024, Plaintiff Dianeth A. Jimenez Velazco (“Plaintiff”) filed the instant action for violation of Consumer Legal Remedies Act, violation of Business & Professions Code section 17200, et seq., and claim against surety against Defendants Norma E. Flores Sandoval dba Coco Auto Sales (“Defendant Sandoval”), Newport Acceptance Corp. (“Defendant NAC”), and Western Surety Company (“Defendant Western”). The ...
2024.05.22 Motion to Vacate Dismissal and Enter Judgment 749
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.22
Excerpt: ...ANNUM SINCE THE DEFAULT DATE OF SEPTEMBER 1, 2023; COSTS OF $495.75; AND ATTORNEY'S FEES OF $813.01. ANALYSIS: On January 22, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendants Christopher Hernandez (“Defendant”) and Maria Hernandez. On August 4, 2022 Plaintiff filed a copy of the parties' s ettlement agreement with a request for dismissal and retention of jurisdic...
2024.05.21 Motion to Vacate Renewal of Judgment 325
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.21
Excerpt: ... 28, 2014, which was dismissed on July 14, 2014. The judgment was renewed on October 27, 2023. Judgment Debtors filed the instant Motion to Vacate Renewal of Judgment on January 3, 2024. Judgment Creditor filed an opposition on March 6, 2024 and Judgment Debtors replied on March 15, 2024. The Motion initially came for hearing on March 19, 2024, at which time the Court continued the matter to consider Judgment Debtors' reply. (Minute Order, 03/19/...
2024.05.21 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 560
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.21
Excerpt: ...ce Company (“Plaintiff”) filed this subrogation action against Defendant Martin Yi (“Defendant”). On April 11, 2023, 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 04/11/23.) On April 2, 2024, Plaintiff filed the instant Moti...
2024.05.20 Motion for Reconsideration 431
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.20
Excerpt: ...P (“Defendant Rockvale LP”), Rockvale Apartments GP, LLC (“Defendant Rockvale GP”), Rockvale Apartments Limited, LLC (“Defendant Rockvale Limited”), FPI Management, Inc. (“Defendant FPI”), and Eden Housing, Inc. (erroneously sued as Eden Iris Gardens, LLC (“Defendant Eden”) for: (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) personal injury, (5) intentional infliction of emotional distress, a...
2024.05.16 Motion for Attorney Fees 733
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.16
Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...
2024.05.16 Motion to Compel Production of Docs 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.16
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...
2024.05.15 Motion to Set Aside Default, for Leave to File and Serve New Answer, Continue Trial 906
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.15
Excerpt: ...and that Defendant never paid for these products. (Complaint, BC -1 & CC -1.) The motion now before the Court is Defendant's Motion to (1) Set Aside the Entry of Default (2) Grant Leave to File and Serve a New Answer and (3) to Continue Trial. Plaintiff filed an opposition on April 2, 2024, and Defendant filed a reply on April 8, 20 24. However, Plaintiff withdrew the opposition on April 15, 2024, and supplemental briefing was filed by Defendant ...
2024.05.15 Demurrer, Motion to Strike 500
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.15
Excerpt: ...ainst Defendants Rebecca Ju and Paul Ju (“Defendants”) on January 25, 2024. The Complaint alleged causes of action for motor vehicle negligence, negligence, and negligent entrustm ent. On February 1, 2024, the Complaint was superseded by the First Amended Complaint, which alleged “Senior Citizen Rights BPC § 13742” and “Elder Abuse § 1780.” Finally, Plaintiff filed a Second Amended Complaint on February 27, 2024 that alleges a viola...
2024.05.14 Petition to Confirm Arbitration Award 499
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: .... ANALYSIS: On December 14, 2023, Petitioner Jordan Roberts (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Carlos Caraccioli (“Respondent”). The Petition was initially set for hearing on April 18, 2024 but continued the day b efore to May 14, 2024 with an order from the Court for Petitioner to give notice to all parties. (Notice Re: Continuance, 04/17/24.) No proof of service of the Petition or h...
2024.05.14 Motion to Dismiss for Failure to Prosecute 729
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: ... then transferred to an independent calendar courtroom. (Minute Order, 09/23/20.) Proofs of service of the Summons and Complaint were filed in October 2021. From early 2022 to mid -2023, Defendants filed challenges to the pleadings, including the Second and Third Amended Complaints. On May 11, 2023, the Court sustained Defendants ' demurrer to the non- negligence causes of action without leave to amend and set an order to show cause why the actio...
2024.05.14 Demurrer, Motion to Strike 893
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.14
Excerpt: ...WER TO THE SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER. Defendants Promises, Promises, Inc. and Eugene Michael Hardy's Motion to Strike Portions of the Second Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Promises, Promises, Inc. (“Defendant PPI”) and Eugene Michael Hardy (“Defendan...
2024.05.09 Petition to Confirm Arbitration Award 520
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.09
Excerpt: ...ENT IS TO BE FILED AND SERVED WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On July 6, 2021, an arbitrator issued an Arbitration Award in favor of Wasserman Media Group, LLC (“Petitioner”) and against Paul Lo Duca (“Respondent”). On August 3, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) . The Court set the Petition for hearing on December 7, 2021 and ordered Petitioner to give notice. (Notice of ...
2024.05.09 Demurrer 596
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.09
Excerpt: ...umer Credit Reporting Agencies Act (“CCRAA”) against Experian Information Services, Inc. (“Defendant”). On March 19, 2024, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on March 25, 2024 and Defendant replied on May 2, 2024. Discussion Allegations in the Complaint The Complaint alleges that Plaintiff is a consumer and Defendant is a consumer credit reporting agency as defined by Cal. Civ. Code § 178...
2024.05.08 Motion for Summary Judgment 572
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.08
Excerpt: ...collecti vely, “Cross-Complainants”) on August 23, 2022. Cross -Complainants filed a Cross- Complaint for breach of contract and fraud against Cross- Defendant on January 20, 2023. On February 3, 2023, Cross -Complainants filed a First Amended Cross - Complaint. On July 13, 2023, the Court sustained Cross -Defendant's demurrer to the fraud cause of action in the First Amended Cross -Complaint with leave to amend. (Minute Order, 07/13/23.) Cro...
2024.05.06 Motion to Compel Inspection of Vehicle 825
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...se Cruz, and DOES 1 -50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id. , ¶ 6.) Defendants' investigator apparently obtaine...
2024.05.06 Motion to Compel Deposition, for Sanctions 004
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...rict Liability and Negligence/ Negligence Per Se arising from a fall on November 19, 2019. Memo's Scaffolding filed its answer on September 8, 2021. On January 11, 2023, Plaintiffs amended their complaint to name Gordon S. Gibson, Inc., dba Gordon Gibson Construction (“Gibson”) as Doe 1. Gibson filed its answer to the complaint on May 3, 2023. On June 9, 2023, Memo's Scaffolding filed a cross -complaint against Gibson. Gibson filed an answer ...
2024.05.06 Motion for Terminating Sanctions 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...tiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On March 8, 2024, the Court ordered Plaintiff to appear for deposition within 30 days of notice and to pay monetary sanctions in the amount of $615. Defendant gave notice of this ruling by email on March 12, 2024. On Marc...
2024.05.06 Motion for Protective Order 338
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.06
Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...

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