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2022.02.23 Motion for Leave to File Complaint 064
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.23
Excerpt: ...”) filed the instant action for motor vehicle negligence against Defendants Earl Brown and Brownstone Partners, LLC dba LA Urban Transportation (“Defendants”). Defendant Brown filed an Answer on December 22, 2020; Defendant LA Urban Transportation filed an Answer on March 1, 2021. On November 23, 2021, Defendant filed the instant Motion for Leave to File Cross-Complaint. To date, no opposition has been filed. Discussion Code of Civil Proced...
2022.02.22 Motion to Vacate Dismissal, Enter Judgment 640
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.22
Excerpt: ...ion against Defendant Essence Noelan Raychele Weir (“Defendant”) on January 10, 2017. On April 20, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on May 3, 2021. (Order for Settlement and Dismissal, filed 04/20/21.) Plaintiff filed the instant Moti...
2022.02.22 Motion to Expunge Lis Pendens 698
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.22
Excerpt: ... May 3, 2005 by Plaintiff L&J Assets, LLC (“Plaintiff') against Defendant Helen L. Alexander (“Defendant”). Default judgment was entered against Defendant on January 9, 2006. Notice of Assignment of Judgment from Plaintiff to Bag Fund, LLC (“Judgment Creditor”) was filed on September 21, 2009. On December 18, 2012, the Court granted Judgment Creditor's Application for an Order for Sale of Real Property with respect to 8943 Telfair Avenu...
2022.02.21 Demurrer, Motion to Strike 341
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.21
Excerpt: ...CROSS-COMPLAINT IS TO BE FILED WITHIN 20 DAYS OF THIS ORDER. Cross-Defendant Giavanna Whited's Motion to Strike Portions of the First Amended Cross-Complaint of Joseph Bendix is DEEMED MOOT. ANALYSIS: On December 10, 2020, Plaintiff Giavanna Whited filed the Complaint in this action against Defendants Joseph Bendix, Nancy Nelson and Essex Property Trust, Inc. Joseph Bendix (hereinafter Cross-Complainant Bendix”) filed a Cross-Complaint against ...
2022.02.17 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 276
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.17
Excerpt: ...st Defendant Irvin Raul Avelino (“Defendant”) on July 2, 2019. On March 11, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same day. (Order for Settlement and Dismissal, filed 03/11/21.) Plaintiff filed the instant Motion to Vacate Dismissal...
2022.02.16 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 822
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.16
Excerpt: ... Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Orlando Valle (“Defendant”) on March 8, 2018. On June 7, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal pursuant to stipulation the following day. (Stip and Order for Court to Retain Ju...
2022.02.16 Motion for Attorney Fees 182
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.16
Excerpt: ... 6, 2020. On February 3, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/03/21.) Plaintiff filed a Notice of Acceptance of Rule 998 Offer to Compromise on July 22, 2021, and the case was dismissed on that date in accordance with the 998 offer. On November 18, 2021, Plaintiff filed the instant Motion for Attorney's Fees. Defendant filed an opposition on February 2, 2022 and Plaintiff replied on February 4, 202...
2022.02.16 Demurrer 783
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.16
Excerpt: ...ts”), Min Ja Kim and Yoonjo Corporation. The Complaint alleges a single violation of section 51 of the Unruh Civil Rights Act. (Compl., ¶7.) Moving Defendants filed the instant Demurrer to the Complaint on January 3, 2022. Plaintiff filed an opposition on Janaury 6, 2022. Discussion Plaintiff alleges that he is a quadriplegic and confined to a wheelchair. (Compl. ¶1.) Plaintiff allegedly visited Defendants' cafe, located at t 623 East 12th St...
2022.02.15 Motion to Strike 794
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.15
Excerpt: ...e instant action for common counts against Defendant K&T Auto Trading, LLC (“Defendant K&T Auto”) and Kiet M. Le aka Lekiet M. aka Kiet Mingh Le (“Defendant Le”) (collectively, “Defendants”) on June 30, 2021. On August 20, 2021, Defendant K&T Auto filed an Answer to the Complaint. The Court entered Defendant Le's default on November 2, 2021. Plaintiff filed the instant Motion to Strike the Answer on November 10, 2021. To date, no oppo...
2022.02.15 Motion for Terminating Sanctions 291
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.15
Excerpt: ...laintiff's counsel's motion to be relieved as counsel. (Minute Order, 07/14/20.) Proof of service of notice of the order was filed the next day. Defendant filed a Motion to Compel Plaintiff's Attendance at Deposition and Request for Sanctions on October 14, 2020 (“the first Motion to Compel Deposition”). The first Motion to Compel Deposition was denied on March 16, 2021. (Minute Order, 03/16/21.) Following service of a second deposition notic...
2022.02.15 Motion for Summary Judgment 906
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.15
Excerpt: ...ffs filed the instant Motion for Summary Judgment (“the Motion”) on September 27, 2021. Defendant filed an opposition on December 2, 2021, which was untimely served by mail on the same date. (See Code Civ. Proc., § 437c, subd. (b)(2); § 1013, subd. (a).) The opposition requested a continuance of the hearing date. On December 9, 2021, Plaintiffs filed a notice of non-opposition. The Motion initially came for hearing on December 16, 2021, at ...
2022.02.14 Demurrer 349
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.14
Excerpt: ...NT, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ALL FUTURE HEARING DATES IN THIS DEPARTMENT ARE VACATED AND TO BE RESCHEDULED IN THE NEW DEPARTMENT. ANALYSIS: Plaintiff Ellis Law Corporation (“Plaintiff”) filed the instant action against Defenda...
2022.02.14 Motion for Order of Dismissal, Attorney Fees 341
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.14
Excerpt: ...laintiff”) filed the Complaint in this action against Defendants Joseph Bendix (“Defendant Bendix), Nancy Nelson (“Defendant Nelson”) and Essex Property Trust, Inc. (“Defendant Essex”) (collectively, “Defendants”). On May 10, 2021, the Court ruled on Defendant Essex's Demurrer to, and Motion to Strike Portions of, the First Amended Complaint. On June 2, 2021, the Court ruled on Defendants Bendix and Nelson's Demurrer to, and Motio...
2022.02.10 Motion to Compel Arbitration 614
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.10
Excerpt: ...st Defendants La Playita Auto Sales, Inc. and Mechanics Bank, successor by merger with California Republic Bank (“Defendants”). Plaintiffs filed the instant Motion to Compel Arbitration on August 10, 2021. Defendants filed a notice of non-opposition on February 4, 2022. Discussion Plaintiff brings the instant Motion seeking to compel Defendants to submit to arbitration based on a vehicle Retail Installment Sale Contract (the “RISC”). The ...
2022.02.10 Motion for Summary Judgment 844
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.10
Excerpt: ...(“Defendant”) on August 13, 2020. When Defendant failed to respond to the Complaint, Plaintiff obtained entry of default on October 14, 2020. Following the parties' stipulation to set aside the entry of default, Defendant filed a Demurrer to the Complaint. The Court overruled the Demurrer on May 26, 2021 and ordered Defendant to file an Answer to the Complaint. (Minute Order, 05/26/21.) Defendant filed an Answer on June 14, 2021. On October 2...
2022.02.10 Motion for Attorney Fees 577
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.10
Excerpt: ...tion (“Plaintiff”) in the action entitled The Village of Copper Basin Community Association v. James Christopher and Jane Doe Christopher in Case No. CV2012-0311. The default judgment was entered in the principal sum of $3,302.55, plus interest and reasonable attorney's fees and costs against Defendants James Christopher and Jane Doe Christopher (collectively, “Defendants”). On March 30, 2017, this Court entered judgment based on the sist...
2022.02.09 Motion to Compel Further Responses, for Sanctions 913
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.09
Excerpt: ...IS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On February 2, 2021, Plaintiff Christopher Gulley (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendants Guillermo Ramirez and Ines Ramirez (“Defendants”). On August 2, 2021, the Court granted Defendants' Motions to Compel Initi...
2022.02.09 Motion for Leave to File Complaint 353
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.09
Excerpt: ...an Answer on February 26, 2020. On November 15, 2021, the parties stipulated to continue the trial date from January 19, 2022 to July 21, 2022. (Stip and Order to Continue Trial Date, 11/15/22.) However, the discovery and motion cut-off dates were not extended. (Ibid.) On January 18, 2022, Defendant filed the instant Motion for Leave to File Cross-Complaint. The Court notes that the Motion was not timely served. The Motion was served on January 1...
2022.02.08 Petition to Release Mechanic's Lien 321
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.08
Excerpt: ...ENIED. ANALYSIS: Petitioners Robert Palma and Zaniffa Mustapha (“Petitioners”) filed the instant Petition for Release of Mechanic's Lien against Respondent Gleason Interiors (“Respondent”) on October 5, 2021. The Court set the Petition for hearing on February 8, 2022. Petitioner filed proof of personal service of the Petition, Civil Cover Sheet and Notice of Hearing on November 1, 2021. Legal Standard Civil Code section 8480 provides that...
2022.02.08 Motion to Intervene 231
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.08
Excerpt: ...ffective July 29, 2021. (Proof of Substitute Service, filed 07/28/21, ¶¶3-5.) Proposed Intervenor Loya Casualty Insurance Company (“Loya Casualty”) filed the instant Motion to Intervene on November 2, 2021. The Court entered Defendant's default on November 3, 2021. Plaintiff filed an opposition to the Motion on January 26, 2022 and Loya Casualty replied on January 27, 2022. Discussion The right to intervene is set forth at Code of Civil Pro...
2022.02.08 Motion to Compel Arbitration and Stay Proceedings 769
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.08
Excerpt: ...air or unlawful business practices, negligent misrepresentation, and related claims against Defendants Austra Motors, Inc. (“Defendant Austra Motors”) and State National Insurance Company (“Defendant State National”). Plaintiff filed the first Motion to Compel Arbitration on August 10, 2021. On October 28, 2021, the Court ordered the first Motion to Compel Arbitration off calendar due to lack of service of either the Summons, Complaint or...
2022.02.08 Motion for Attorney Fees on Appeal 334
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.02.08
Excerpt: ...dant filed a Cross-Complaint on February 13, 2018. The trial date was originally set for June 28, 2019, but continued several times. Trial was held on September 25, 2019, at which time the trial court entered a net judgment on the Complaint and Cross-Complaint in Plaintiff's favor in the amount of $14,218.38. (Judgment, filed 9/25/19.) On October 24, 2019, Defendant filed an appeal of the judgment. On October 25, 2019, Plaintiff filed a Motion fo...
2022.01.04 Motion for Judgment on the Pleadings 064
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.01.04
Excerpt: ...inst Defendant Norman Lee Shertell aka Norm Shertell (“Defendant”) on April 2, 2019. Defendant filed an Answer to the Complaint on September 24, 2019. On December 1, 2021, the Court denied Defendant's Motion to Reclassify this action to a court of limited jurisdiction. (Minute Order, 12/01/21.) Upon reconsideration, however, the Motion to Reclassify was granted on February 14, 2022. (Minute Order, 02/14/22.) Plaintiff filed the instant Motion...
2022.01.04 Motion for Attorney Fees 106
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2022.01.04
Excerpt: ...ant LB Taphouse”) and Brent Scheiber (“Scheiber”) on March 12, 2021. Following Defendant LB Taphouse and Scheiber's failure to respond, the Court entered their defaults on June 15, 2021. On October 19, 2021, Plaintiff voluntarily dismissed Scheiber. Thereafter, the Court entered judgment against Defendant LB Taphouse on November 10, 2021. On March 17, 2022, the Court granted Defendant LB Taphouse's Motion to Vacate Default and Default Judgm...

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