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2023.08.29 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 378
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ompany (“Plaintiff”) filed the instant action for automobile subrogation against Rudy Santos on April 5, 2019. On July 1, 2019, Plaintiff added Defendant Santos Rudi Vaquerano (“Defendant”) and dismissed Rudy Santos on July 11, 2019. 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 on October 1, 2020. The Court dismissed the a...
2023.08.29 Motion for Summary Judgment, Adjudication 896
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...fendant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted ...
2023.08.29 Motion for Sanctions 929
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ight”). Plaintiff filed a first amended complaint on March 29, 2023, alleging a single cause of action for violation of the Unruh Civil Rights Act (“the UCRA”). Defendants filed an answer on May 25, 2023 and the instant Motion on July 14, 2023. Plaintiff filed an opposition on August 16, 2023, and Defendants replied on August 22, 2023. Evidentiary Objections Defendants' evidentiary objections to Plaintiff's declaration are overuled. Defenda...
2023.08.10 Petition to Vacate Arbitration Award 076
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...e Reed and the Law Offices of Lorden and Reed (“Respondents”). Proof of substitute service of the Petition and Notice of Hearing was filed with the Court on April 14, 2023. No response has been filed to date. Discussion Petitioner contends the arbitration award issued on March 13, 2023 by Keith G. Wileman (“the arbitrator”) must be vacated because (1) the award was obtained by corruption, fraud, or other unfair means; (2) the arbitrator w...
2023.08.10 Petition to Confirm Arbitration Award, to Correct Award 680
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...TS. INTEREST SOUGHT IS TO BE SET FORTH AS A CALCULATION IN THE PROPOSED JUDGMENT. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On March 2, 2023, Petitioner One Ring Networks, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Paul Sagoo (“Respondent”). Respondent filed a response in the form of a Petition to Correct or Vacate Arbitration Award on April 26, 20...
2023.08.10 Motion to Vacate Renewal of Judgment 676
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...o file a responsive pleading, default judgment was entered on August 12, 2003. The judgment was renewed on July 10, 2013 and May 25, 2023. Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on July 12, 2023. Judgment Creditor filed an opposition on July 27, 2023 and Judgment Debtor replied on August 2, 2023. Evidentiary Objections Judgment Debtor's evidentiary objections to the declaration of William J. Hamilton in support of ...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 799
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...fendant”) on June 6, 2018. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502. The parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolidate, filed 02/11/20.) On April 23, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The C...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 070
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...ecember 3, 2019. Defendant filed an answer on January 9, 2020. On July 7, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court denied the request on the same date. (Stip for Entry of Judgment and Order, 07/07/20.) On September 22, 2020, the Court entered Defendant's dismissal from the Complaint without prejudice, pu...
2023.08.10 Demurrer 344
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...lein (“Plaintiffs') filed this action against Defendant Santana Cycles, Inc. dba Santana Adventures (“Defendant”) on October 11, 2022. Defendant filed a Demurrer to the Complaint on March 21, 2023, which was set for hearing on May 9, 2023. Following transfer of the action to the limited jurisdiction court, Defendant filed a reply on June 20, 2023. Plaintiffs filed an opposition on July 28, 2023, which was previously served on Defendant on M...
2023.08.09 Motion to Vacate Dismissal 364
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...ion against Defendant Miguel A. Jimenez (“Defendant”) on March 10, 2020. Defendant filed an answer on September 24, 2020. On March 10, 2022, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Stip for Entry of Judgment and Order, 03/...
2023.08.09 Motion to Vacate Default Judgment and Dismiss Defendant 944
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...T COURTHOUSE. ANALYSIS: On January 12, 2023, Plaintiff National Commercial Recovery, Inc. dba Blair Smith and Associates (“Plaintiff”) filed this action against Defendants Alchemy Group Concepts LLC dba Kai's Table, Alchemy Group Spirits LLC dba Kai's Table; Norman Lee aka Norman Detric Lee aka Norman Kai Lee aka Kai Lee, and Erica Pesso (“Defendant Pesso”). Following Defendants' failure to file responsive pleadings, the Court entered the...
2023.08.08 Motions to Compel Further Responses, for Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.08
Excerpt: ...ION, WITHIN 20 DAYS' NOTICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on October 7, 2022. On May 4, 2023, Plaintiff Aparicio filed Motion to Compel Further Responses to Request for Production of Documents against Defendant Hambel, which th...
2023.08.07 Petition for Disposition of Vehicle with Altered Serial Number 280
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.07
Excerpt: ... On December 6, 2022, Petitioner Los Angeles County Sheriff's Department, Taskforce for Regional Autotheft Prevention, East Team (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondent Mike Saleh (“Respondent”). The Petition came for hearing on May 11, 2023, at which time only Respondent appeared. (Minute Order, 05/11/23.) At Respondent's request, the hear...
2023.08.07 Motion to Compel Medical Exam, for Terminating, Monetary, or Evidentiary Sanctions 862
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.07
Excerpt: ... OF THIS ORDER. THE TRIAL DATE OF AUGUST 9, 2023 IS VACATED. ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION PROCEEDING IS SET FOR DECEMBER 11, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. Discussion On February 9, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action by a Petition for Case Number for Protective Order pursuant to Cal. Insurance Code section 11580.2. Due to cler...
2023.08.03 Motion to Compel Further Responses 307
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.03
Excerpt: ... OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $2,125.00 TO PLAINTIFF'S COUNSEL, ALSO WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On January 10, 2020, Plaintiff Basta, Inc. (“Plaintiff”) filed this action for “wrongful use of civil proceedings” against Defendant Irene Zendano, individually and as trustee of the Irene Valerie Zendano Family Revocable Living Trust U.T.D. May 9, 2015 (“Defendant”). Following Defendant's fai...
2023.08.02 Demurrer 367
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.02
Excerpt: ...r to the Complaint on June 13, 2023. Plaintiff filed an opposition on July 13, 2023. Discussion The Complaint alleges causes of action for (1) violation of Consumers Legal Remedies Act, Civil Code § 1750 et seq.; and (2) violation of California Business and Professions Code § 17200, et seq., based on the following facts. On November 14, 2019, Plaintiff when to 5 Star Auto Group dba Billion Auto Group's (“Seller”) place of business and purch...
2023.08.01 Motion to Pay Judgment in Installments 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.01
Excerpt: ...nce Company (“Judgment Creditor”) filed the instant action against Defendant David Franco (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on June 22, 2022. On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. The Motion initially came for hearing on May 22, 2023, at which time Judgment Creditor appeared to argue in opposition. (Minute Order, 05/22/23.) The Court cont...
2023.08.01 Motion for Summary Judgment 210
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.01
Excerpt: ...nt”) on April 4, 2022. Defendant filed an answer in properia persona on April 20, 2022. On December 8, 2022, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order 12/08/22.) On May 12, 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 indemnity agreement. Plaintiff alleges th...
2023.07.31 Motion to Tax Costs 009
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.31
Excerpt: ... Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. On February 15, 2023, the Court granted Defendant's motion for summary judgment and the Court entered judgment accordingly on March 30, 2023. Defendant filed a memorandum of costs on April 20, 2023 and Plaintiff filed the instant Motion to Tax Costs on May 8, 2023. Discussion “Any notice of motion to strike or to tax...
2023.07.27 Motion for Reconsideration 678
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.27
Excerpt: ...vice Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: Reconsider the ruling denying Defendant's motion to vacate judgment. New evidence shows that the conversation about the account could not have occurred in August 1998. The IRS levy on Defendant's corporate account was issued in 1996, which is when she called Home Sav...
2023.07.27 Motion for Assignment Order 540
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.27
Excerpt: ... 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: The Court should assign any and all amounts owed to Judgment Debtor Lopez pursuant to a residential lease agreement with Sotheby's International Realty and/or Alexandra Pfeifer, in an amount to satisfy the judgment. OPPOSITION: None filed as of July 24, 2023. REPLY: None filed as of July 24, 2023. TENTATIVE RULING: Judgment Credi...
2023.07.26 Motion for Reconsideration 678
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.26
Excerpt: ...fendant on August 28, 1998. The judgment was renewed on December 7, 2007 and August 28, 2017. On July 3, 2012, an Assignment of Judgment was filed, naming Credilogical Systems, LLC (“Judgment Assignee”) as the judgment creditor. On February 5, 2018, Defendant filed a Motion to Set Aside Judgment (“the First Motion to Vacate”) in pro per. The First Motion to Vacate was opposed by Judgment Creditor and came for hearing on March 15, 2018. Th...
2023.07.25 Motion to Quash Service and Dismissal of Action 904
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...rvice of the Summons and Complaint on July 28, 2006. Following no response to the Complaint, default judgment was entered against Judgment Debtor on October 24, 2006. The judgment was renewed on November 17, 2014 and December 22, 2022. Judgmen Debtor filed the instant Motion to Quash Service and Dismissal of Action on February 21, 2023. Judgment Assignee PMGI, LLC (“Judgment Assignee”) filed an opposition on February 28, 2023 and Judgment Deb...
2023.07.25 Motion to Intervene 571
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...ts Patrick Desmore (erronously sued as Patrick K. Desmore), Yolanda Desmore, Robert Bautista (erroneously sued as Robert Apodaca), April Apodaca, Cesar Montenegro, Kimberly Bray (erroneously sued as Kimberly Brae), and Edward Silberstein. All Defendants filed an answer except Defendant Yolanda Desmore, who has been dismissed. This action arises from a dispute over a construction bond in the penal sum of $15,000.00 issued to S. CA. Construction Co...
2023.07.25 Motion for Attorney Fees 255
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...on Law, and claim against surety against Defendants Austra Motors, Inc. (“Defendant Austra”) and State National Insurance Company (“Defendant SNIC”) on June 3, 2021. Default was entered against Defendant Austra on September 8, 2021; Defendant SNIC was dismissed on January 20, 2022. Judgment after default was entered in favor of Plaintiffs and against Defendant Austra on January 25, 2023. Plaintiffs filed the instant Motion for Attorney's ...

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