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2023.10.05 Motion for Attorney Fees 311
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...S: On October 1, 2020, Plaintiff CMG Mortgage, Inc. dba CMG Financial (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Cristina McDonald (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 21, 2022. (Minute Order, 03/21/22.) The case came for trial on April 1, 2022, after which the Court entered judgment in ...
2023.10.05 Demurrer 941
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...n the parties that would obligate Defendant to pay $22,401.00. OPPOSITION: The terms of the parties' contract are clearly alleged according to its legal effect, as is the manner in which Defendant breached the agreement. The Complaint also alleges that Defendant became indebted to Plaintiff on an open book account for work and services rendered. The demurrer is vague, uncertain and ambiguous. REPLY: The Complaint does not allege the material term...
2023.10.04 Motion to Vacate Dismissal and Enter Judgment 878
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...23, 2019. On February 1, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/01/21.) On the April 26, 2021 trial date, the parties appeared and represented that the action had settled. (Minute Order, 04/26/21.) On June 29, 2021, Plaintiff filed a Notice of Settlement, and the Order to Show Cause Re: Status of Settlement and Dismissal held on the same day was continued to August 10, 2021. (Minute Order, 06/29/21.)...
2023.10.04 Motion for Summary Judgment 773
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...an answer on December 7, 2022. On July 10, 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 contract. (Compl., p. 3.) Plaintiff alleges that the parties entered into a note (“the Note”) secured by a deed of trust (“the Deed of Trust”) that required Plaintiff to pay Defendant $400,000.00 on or before January 1, 2023, ...
2023.10.02 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 119
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...CIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON FEBRUARY 2, 2022. ANALYSIS: On February 4, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant Danny Martinez aka Danny Lopez Martinez (“Defendant”). On October 25, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and rete...
2023.10.02 Motion for Reconsideration 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...n violation of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action is for...
2023.10.02 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...er, Decision, or Award of the Labor Commissioner. On January 7, 2021, Petitioner filed a Notice of Assignment of Judgment, naming Creative Recovery Concepts, Inc. (“Judgment Assignee”) as Assignee of Record. On August 5, 2021, Judgment Assignee filed an Application and Order for Appearance and Examination, which was set for hearing on February 7, 2022. On February 7, 2022, counsel for Respondent appeared and indicated that a Motion to Quash h...
2023.09.28 Motion to Vacate Dismissal and Enter Judgment 413
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...RINCIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON JUNE 2, 2021. ANALYSIS: On January 14, 2021, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant 3132 East Pico LLC aka LLC 3132 East Pico (“Defendant”). On May 5, 2021, Plaintiff filed a copy of the parties' stipulated settlement agreement. On August 9, 2023, Plaintiff ...
2023.09.28 Motion to Vacate Dismiss and Enter Judgment 426
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...AL PLUS SEVEN (7) PERCENT INTEREST PER ANNUM FROM SEPTEMBER 2, 2021. ANALYSIS: On August 31, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this subrogation action against Defendant Kyle Anderson (“Defendant”). On July 28, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Ci...
2023.09.27 Motion to Compel Further Responses, for Sanctions 185
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...nts, Set 2, and for Sanctions, are DENIED. ANALYSIS: On August 1, 2019, Plaintiffs Antonio Cabral and Patricia Cabral (“ Plaintiffs”) filed this action for trespass, trespass to chattles, and conversion against Defendant Carlos M. Quintana (“Defendant Quintana”). Plaintiffs filed a First Amended Complaint on March 5, 2020 adding Quint Tax Services Corporation as a defendant, and causes of action for nuisance and negligence. Defendant Quin...
2023.09.27 Motion for Relief from Admissions 584
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...1. Defendant filed an Answer on June 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.) On June 6, 2023, the Court granted Plaintiff's Motion for Judgment on the Pleadings, based on the admissions. (Minute Order, 06/0...
2023.09.27 Motion to Vacate Entry of Default 517
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...iolations against Defendants Bipin Gala (“Defendant Gala”) and Yvonne Magana aka Ibon Magana (“Defendant Magana”) on June 1, 2023. Defendant Magana filed an answer on August 7, 2023. Following Defendant Gala's failure to file a responsive pleading, the Court entered their default on August 11, 2023. Defendant Gala filed the instant Motion to Vacate Default on August 29, 2023. On August 31, 2023, Plaintiff filed only evidentiary objections...
2023.09.27 Petition to Release Mechanic's Lien 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...er Felix, LLC (“Petitioner”), filed a Petition for Release of Mechanic's Lien against Respondent Global Plumbing & Fire Supply (“Respondent”) on March 30, 2023. The Petition came for hearing on August 3, 2023, at which time the Court ordered Petitioner to file and serve an Amended Petition that included a legal description of the property that is subject to the lien. (Minute Order, 08/03/23.) Petitioner filed an Amended Petition on August...
2023.09.26 Motion to File Supplemental Cross-Complaint 458
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.26
Excerpt: ...ril 4, 2019, Cross-Complainant filed a Cross-Complaint against Cross-Defendant. The Court granted Cross-Defendant's Motion to Deem Requests for Admission Admitted Against Cross- Complainant on November 7, 2019. However, the Court denied Cross-Defendant's Motion for Terminating Sanctions on July 8, 2020. The matter came for trial on September 3, 2020 and the Court continued the trial date to July 8, 2021. Due to there being no judge available for ...
2023.09.18 Petition to Confirm Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.18
Excerpt: ... STATUTORY REQUIREMENTS. ANALYSIS: Petitioner Jerome St. Martin (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 2023. No response to the Petition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the ...
2023.09.14 Petition to Confirm Arbitration Award 369
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...OF THIS ORDER. ANALYSIS: Petitioner Stephanie Granato, Esq. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Boku International, Inc. (“Respondent”) on April 27, 2023. The Petition was initially set for hearing on August 31, 2023 but was continued prior to the hearing date to September 14, 2023. (Notice Re: Continuance of Hearing, 05/30/23.) No response to the Petition has been filed to date. Legal...
2023.09.14 Demurrer, Motion to Strike 319
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...ALYSIS: Plaintiff Gizella Wade (“Plaintiff”) filed the instant action for habitability violations, nuisance, negligence, and breach of contract against Defendants LA Housing Solutions, LLC, Peerless Apartments, LLC, and Marc A. Schneider (“Defendants”) on April 10, 2023. Defendants filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. Plaintiff filed oppositions on August 31, 2023 and Defendants r...
2023.09.12 Motion for Summary Judgment, Adjudication 720
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.12
Excerpt: ...ts Ammie Laverne Freeman (“Defendant Freeman”), Tamara Kirk (“Defendant Kirk”), AVIS Budget Car Rental, LLC, and AVIS Rent A Car System, LLC (“the AVIS Defendant”) on June 23, 2022. The AVIS Defendants filed an answer on September 14, 2022. Plaintiff's applications for service by publication upon Defendants Freeman and Kirk were rejected by the Court on February 1, 2023. The AVIS Defendants filed the instant Motion for Summary Judgmen...
2023.09.07 Motion to Compel Responses 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ... TO MODIFY THE FEBRUARY 28, 2023 ORDER IS DENIED. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed 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 served a Subpoena Duces Tecum for Personal Appeara...
2023.09.07 Motion for Judgment on the Pleadings 512
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ...rance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Maricela Avila (“Defendant”). On December 5, 2022, the Court granted Plaintiff's motion to compel responses to form interrogatories and request for monetary sanctions. (Minute Order, 12/05/22.) The Court also granted Plaintiff's motion for issue sanctions against Defendant on April 24, 2023. (Minute Order, 04/26/23.) Plaintiff filed the instant Moti...
2023.09.06 Motion to Reclassify 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...tion of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third, and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action was for brea...
2023.09.06 Motion to Enter Judgment Pursuant to Stipulation 989
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...ATE DISMISSAL AND ENFORCE SETTLEMENT. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Marine Charchyan and Avetik Charchyan (“Defendants”) on June 15, 2020. Defendants filed answers on September 28, 2021. The matter came for trial on September 19, 2022, at which time the parties represented that the case had settled. (Minute Order, 09/1...
2023.08.31 Motion to Vacate Judgment 808
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...e for trial on August 11, 2022, at which time Defendant did not appear. (Minute Order, 08/11/22.) Following Plaintiff's showing, the Court entered judgment in its favor. (Ibid.) Defendant filed the instant Motion to Vacate Judgment on March 8, 2023. Plaintiff filed an opposition on March 27, 2023. The case was then transferred to the limited jurisdiction court on May 1, 2023. (Minute Order, 05/01/23.) Discussion Defendant brings this motion pursu...
2023.08.31 Motion to Continue Trial Date 542
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...tion against Defendant Yulio Coleman (“Defendant”) on April 14, 2022. However, Defendant was only served with the Summons and Complaint on June 4, 2023. Defendant filed an answer on June 30, 2023 and the instant Motion to Continue Trial on July 17, 2023. Plaintiff filed an opposition on August 18, 2023. Discussion “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The Court ...
2023.08.29 Petition to Confirm Arbitration Award 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...itration Award (the “Petition”) against Respondent Sergio Duarte (“Respondent”), on March 9, 2023. The Court initially set the hearing on the Petition for July 13, 2023, then advanced the date at Petitioner's request to June 6, 2023. (Notice of Hearing, 03/09/23.) Petitioner filed two requests for entry of default that have been rejected by the clerk's office. No response to the Petition has been filed to date. Legal Standard “Any party...

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