Excerpt: ...that the dog who bit him, “Remy,” was owned by Defendants David Rosenbaum and Lynsey Leoncavallo (“Defendants”). Plaintiff filed his complaint on November 15, 2016. Plaintiff filed the operative First Amended Complaint on May 25, 2017 alleging causes of action for (1) strict liability, (2) negligence, and (3) premises liability. The First Amended Complaint seeks general and special damages for all three causes of action, as well as puniti...

Excerpt: ...verified responses on Defendant. This matter was first set for hearing on February 13, 2018, but was continued to the current hearing date of March 13, 2018. On October 12, 2017, Defendant served on Plaintiff the requests for admission. Responses were due on November 11, 2017. On November 15, 2017, Plaintiff served unverified response to the Requests for Admission. Defense Counsel allowed Plaintiff a 30‐day extension to serve verified responses...

Excerpt: ...gs (“Plaintiff”) has filed two motions to compel responses from Defendant Daniel Fayad (“Defendant”) for: (1) Request for Production of Documents (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one. In addition, Plaintiff has filed a third motion to deem admitted the truth of the matters specified in the Request for Admissions (“RFA”), set one. Plaintiff also requests sanctions for Defendant's failure to respond. ...

Excerpt: ... Hospital and Medical Center (“Defendants”) based on allegations of medical negligence. She alleges that beginning in March of 2015, she placed herself under the care of Defendants, but that they negligently provided care and treatment to her, causing her injury. Plaintiff is pursuing a claim of professional negligence against all defendants. Defendant Naghmeh Khodai, M.D. (“Dr. Khodai”) moves for summary judgment against Plaintiff and he...

Excerpt: ...sts the Court to set aside the dismissal entered on August 24, 2017. The instant motion was filed on February 20, 2018, and thus is timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for FSC and Trial because he failed to calendar both dates. (Manukyan Decl., at ¶ 2.) Counsel states that he has been actively pursuing this matter in attempting to serve the statement of damages on Defendant so that Defa...

Excerpt: ...OG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one. Defendants also request sanctions for Plaintiff's failure to respond. The Court notes that Plaintiff's counsel was relieved by Court Order on November 30, 2018, and it became effective upon service of Plaintiff that same day. On June 5, 2017, Defendants served the discovery requests on Plaintiff. As of December 29,...

Excerpt: ...res (“Defendant” or “Flores”) while he was working within the scope of employment of Defendant Best Tec. The incident occurred on November 27, 2015. The complaint, filed September 19, 2017, alleges causes of action for motor vehicle and negligence. Plaintiff moves for an order compelling Defendant Flores to submit to his deposition and for sanctions against Defendant and his attorneys of record. Defendant has filed an opposition, and Plai...

Excerpt: ...occurred on March 24, 2015. Defendant Ralphs Grocery Company (“Defendant”) seeks to enforce subpoenas served on nonparties Los Angeles County Department of Mental Health and Didi Hirsch Mental Health Center. Both non- parties refused to produce records without a court order or a signed authorization from Plaintiff Cecelia Kleiner (“Plaintiff”). In the alternative, Defendant seeks an order compelling Plaintiff to sign the authorizations fo...

Excerpt: ...or vehicle collision caused by Defendant Michael Valenzuela, Jr. Plaintiffs also allege that Defendants Natalie Figueroa and Michael O'Brien owned the vehicle driven by Defendant Valenzuela. Plaintiffs filed a complaint alleging a cause of action for negligence against Defendants. The complaint bears a file stamp date of October 20, 2017. The filing stamp of October 20, 2017 makes the complaint defective on its face as filed outside the two-year ...

Excerpt: ... February 3, 2017 against Defendants Rogelio Garcia, Ruan Transportation Management Systems, Inc., and Does 1 through 50, alleging causes of action for motor vehicle and general negligence. Defendants moves for an order compelling Plaintiff to attend his deposition on or before March 15, 2018. Defendants also request monetary sanctions. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD Pursuant to CCP §2025.450, if after servic...

Excerpt: ...dant and Defendant's counsel are ordered to pay sanctions in the amount of $900.00 to Plaintiff within 20 days of the written notice of this order. Motion to Compel Responses to Form and Special Interrogatories Plaintiff Mario Flakes (“Plaintiff”) moves to compel responses to form and special interrogatories from Defendant. Plaintiff served the form and special interrogatories on September 15, 2017. (Mehrban Decl. ¶ 3.) Before preparing this...

Excerpt: ...ber 6, 2017, alleges causes of action for: (1) motor vehicle; and (2) negligence. Defendant moves to strike paragraph 14a subsection (2) which prays for punitive damages. (Compl. at pg. 3.) Defendant argues that the request for punitive damages should be stricken because Plaintiff has not properly pled any cause of action that would support the recovery of punitive damages. The motion is unopposed. The allegations of the complaint are devoid of a...

Excerpt: ... and Does 1-50 (“Defendants”). Plaintiff alleges Defendants caused the vehicle to be negligently operated so that it collided with Plaintiff Delgado's vehicle and caused her injury. The complaint, filed September 20, 2017, alleges causes of action for negligence and negligence per se. On January 23, 2018, proposed Intervenor County of Los Angeles (“County”) filed a petition for leave to intervene pursuant to Labor Code, §3852. County sta...

Excerpt: ... of the petition on the opposing party. The Court noted this lack of such proof of service in the Court's December 15, 2017 tentative ruling, which has not been remedied. 2. The attorney declarations which form Attachment 14A are neither signed nor dated. 3. Petitioner must revise the petition to correctly state what portion of the settlement will be designated exclusively for L.W and what portion will be designated for co-Plaintiff Elizabeth Wal...

Excerpt: ...eed to pay Petitioner for professional services rendered pursuant to the agreement. Respondent breached the agreement by failing and refusing to pay the balance due and owing in the amount of $23,308.95. Petitioner now moves to compel arbitration pursuant to the terms of the agreement. Petitioner argues that the Court should compel Respondent to arbitration in accordance with the parties' express agreement. Petitioner argues that there has been n...

Excerpt: ...vin Carter (“Plaintiff”) filed a complaint against Defendants Bank of America, N.A., erroneously sued as Bank of America Corp., (the “Bank” or “Defendant”), Baldwin Hills Investors, Ltd., Doe Security Company, and Does 1‐100 (collectively, “Defendants”), alleging causes of action for (1) general negligence, and (2) premises liability. On August 24, 2017, the court issued an order sustaining the Bank's demurrer to Plaintiff's com...

Excerpt: ...mend Judgment Nunc Pro Tunc (the “Motion”). Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding ma...

Excerpt: ...the judgment was renewed. On August 25, 2017, Plaintiff filed a Motion to Amend Judgment to Alter Name of Judgment Debtors (the “Motion”). As of February 5, 2018, no opposition or reply has been filed. Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercis...

Excerpt: ...Eugenio Medrano (“Medrano”), Mendota Insurance Co. (“EIC”), Ally Financial (“AF”), State of California Department of Motor Vehicles (“DMV”), Jean Shiomoto, in her capacity as the Director of the DMV, and DDS Collision (collectively, “Defendants”). Plaintiff asserts two causes of action, but they are both the same as they seek preliminary injunction for transfer of title of a vehicle known as 2015 Chrysler 200 Limited, VIN No. ...

Excerpt: ... personal service on January 10, 2018, filed Proof of Service on January 25, 2018. The Court is satisfied with the Proof of Service. Factual Background On May 14, 2014, Petitioner and Respondent entered into an Agreement in which Respondent retained Petitioner to represent him in his divorce proceedings. (Motion p. 1; Weinberg Decl. ¶ 3.) Petitioner billed respondent $10,411.78 for the legal services rendered, but Respondent breached the Agreeme...

Excerpt: ...ing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (emphasis added.) Pursuant to CCP § 1005, service of the oppositi...

Excerpt: ...parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (CCP § 436(b).) Motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (CCP § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but that are...

Excerpt: ...Unlimited Jurisdiction (the “Motion”). On January 25, 2018, Defendant filed an Opposition. On January 29, 2018, Plaintiff filed a Reply. Legal Standard CCP section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (...

Excerpt: ...fendants Cerritos Fitness & Health, LLC (“Cerritos”), Fire & Ice Transport, LLC (“F&IT”), Chamberlain Backhoe Service dba American Backhoe (“CBS”), and Ganahl Lumber Company (“GLC”) (collectively, the “Claimants”) have made claims on the Bond. GLC was dismissed from this action on October 5, 2017. Indemnitor was dismissedwithout prejudice from this action on January 30, 2018. The Complaint asserts three causes of action: (1) i...

Excerpt: ... judgement and adjudication on 8-9-17. This Court granted the motion on 11-8-17, awarding Plaintiff $15,565.97. Judgment was entered on 11- <0052005300530052005600 004f004800470011[ Discussion “Generally, the inclusion of attorney fees as an item of loss in a third-party claim- indemnity provision does not constitute a provision for the award of attorney fees in an action on the contract which is required to trigger [Civil Code] section 1717.�...

Excerpt: ...perior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; CCP § 473(d).) However, while a trial court may correct clerical errors and misprisions in a judgment, it cannot amend a judgment once entered, if the error to be corrected is a judicial one, for instance if it embodies an intentional action of the court even though legally erroneous. (Kamper v. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.) Plaintiff Yoled Davoudian (“Plaintiff”)...

Excerpt: ...ado dba Primo Construction (“FDH”), and Jackie Hurtado (“Hurtado”). On October 25, 2017, DFL filed an Answer to the Complaint. Cross-Complainant DFL also filed a Cross-Complaint against Cross-Defendants PCI, FDH, and Hurtado on October 25, 2017. On January 8, 2018, WDCN filed a Motion for Judgment on the Pleadings (the “Motion”) as to the DFL's Answer and Cross-Complaint. On January 29, 2018, DFL filed an opposition. As of February 2,...

Excerpt: ...purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Italic added.) The Court is satisfied with Defendant's counsel's meet-and-confer declaration. (See Demurrer, Nicolaisen Decl.; see also December 11, 2017 Nicolaisen Decl.) Legal Standards The legal standard for a demurrer and a motion to strike is the same. “A demurrer tests the legal sufficiency of the factual allegati...

Excerpt: ...excessive given the simplicity of these nearly identical and unopposed motions. Therefore, Plaintiff and his counsel are ordered to pay sanctions in the amount of $579.00, based on three hours of attorney time billed at $133.00 per hour, and three filing fees of $60.00 each, within 30 days. (See Motion, Bae Decl., ¶4.) Moving party to give notice. ...

Excerpt: ...ation. On January 25, 2018, Plaintiff filed an Opposition. On January 31, 2018, Defendant filed a Reply. Background On or about September 6, 2016, Plaintiff contracted with Rener Construction & Design, Inc. (“Rener”) to remodel his real property at 631 N. Elm Drive, Beverly Hills, California 90210 (the “Property”). (Compl. ¶¶ 1, 5.) Defendant is the Surety of Rener under Bond No. SSI04436 (the “Bond”), which covers the remodeling wo...

Excerpt: ...red into a Bond Application and Indemnity Agreement (the “Agreement”) on May 20, 2009, where Plaintiff provided a Contractors License Bond, No. 100085850 (the “Bond”) in a sum of $12,500, naming USFC as the principal and Plaintiff as surety. (Compl. ¶¶ 3, 5.) Plaintiff allegedly fulfilled its obligation and incurred $11,000 in damages under the Bond and now seek to recover the damages plus costs and attorney's fees from Defendant. On Ma...

Excerpt: ...ho Nourmand alleges failed to file his previous claim before the running of the two-year statute of limitations and failed to inform him of the statute of limitations. On January 5, 2018, Nourmand filed a Motion to Strike (the “Motion”), seeking to strike Plaintiff's prayer for punitive damages and general damages. On January 22, 2018, Plaintiff filed an opposition. On January 30, 2018, Nourmand filed a reply. Legal Standard The legal standar...

Excerpt: ...480049004800 00520055000300490044[iling to answer the Complaint. When Plaintiff did not appear at the June 3, 2016 trial date, the court dismissed the action without prejudice. Plaintiff now moves to set aside the dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in failing to appear at trial. Alternatively, Plaintiff moves under the court's equitable authority. At the hearing on November 9, 2017, the co...

Excerpt: ...e there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701,...

Excerpt: ...onsent from Plaintiff as to Winters potentially testifying at trial as a witness and being an advocate for her. On June 28, 2017, Plaintiff filed this breach-of-contract action against her former automobile insurers, Defendants Century National Insurance Co., and Pro Insurance Solutions, Inc. Plaintiff claims that Defendants breached their insurance contract by not covering her son for a multiple vehicles collision accident that occurred on Janua...

Excerpt: ...s, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586.) Here, there was no motion to have the discovery heard closer to the original trial date. The parties did orally stipulate to continue the trial date on December 14, 2017, however, there is nothing to indicate that they also stipulated to continue the discovery and motion cutoff dates. Even if the parties stipulated that the discovery and motion cutoff dates were continu...

Excerpt: ...ina and Nestdrop's defaults were entered on November 7, 2016. Petitioner filed the instant motion to confirm arbitration award on January 16, 2018. The motion only seeks to confirm the arbitration award with respect to Respondent Radina, as Petitioner has dismissed Defendants Pycher and Nestdrop, Inc. An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) ...

Excerpt: ...exception except as expressly provided by statute.” (§ 583.360, subd. (b).) The purpose of the five-year dismissal statute is to prevent the prosecution of stale claims where defendants could be prejudiced by loss of evidence and diminished memories of witnesses. ( Lewis v. Superior Court (1985) 175 Cal.App.3d 366, 375, 220 Cal.Rptr. 594.) The statute also protects defendants from the annoyance of having unmeritorious claims against them unres...

Excerpt: ...me it was continued by the Court to allow the filing of a meet and confer declaration. Infinity filed a meet and confer declaration on January 17, 2018. Discussion Meet and Confer Pursuant to CCP § 430.40(a), “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 ...

Excerpt: ...s subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences a...

Excerpt: ...v.Pro.Before Trial (2008) Chap. 6-- Pleadings, 6:637.) The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” (Id. at 6:639 (emphasis added).) “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this ...

Excerpt: ...la 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 which judgment is s...

Excerpt: ...order. Legal Standard If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing d...

Excerpt: ...st Defendant Robert Katz (“Defendant”) on June 11, 2014. On November 9, 2015, Plaintiff filed a notice of conditional settlement of the action and indicated that he would file a request for dismissal by September 1, 2020. When the matter came for trial on December 11, 2015, the Court dismissed the action due to neither party appearing. Following the Court's denial of Plaintiff's ex parte application for entry of judgment pursuant to the parti...

Excerpt: ...appear for trial. Plaintiff now moves for relief from the order of dismissal pursuant to CCP section 473(b), which states in relevant part: 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. Application for this relief shall be accompanied by a copy ...

Excerpt: ...15, 2017, this Court entered judgment in Defendant's favor and awarded costs to Defendant. On November 7, 2017, Plaintiff filed a Motion to Tax Costs (the “Motion”). On January 23, 2018, Defendant filed an Opposition. As of January 30, 2018, no reply has been filed. Legal Standard After judgment is entered, the prevailing party “who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice...

Excerpt: ...5, Robinson's request for default judgment resulted in default judgment being was entered against Defendant. On March 4, 2015, Clark's request for default judgment resulted in default judgment being was entered against Defendant. On May 19, 2017, Defendant filed a motion to set aside theentry of default. On August 16, 2017, this Court denied the motion to set aside the entry of default without prejudice and ruled that Defendant could file another...

Excerpt: ...ative. On October 31, 2017, Plaintiff re-served Defendants the Summons and Complaint. (October 31, 2017 Proof of Service.). On November 30, 2017, State Farm filed another Motion to Quash. As of January 30, 2018, no opposition or reply has been filed. Legal Standard A motion to quash service of summons is the first line of defense against an improper summons or service. It is the only procedure which can be utilized at the outset of the action wit...

Excerpt: ...tered pursuant to the Stipulation. On April 18, 2017, Plaintiff dismissed this entire action with prejudice. On June 30, 2017, Plaintiff filed a Motion to Enforce Settlement and for Award of Attorneys' Fees. On August 3, 2017, Defendant filed an opposition. On August 9, 2017, Plaintiff filed a reply. Legal Standard CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the ...

Excerpt: ... Boaz Construction, LLC and Michael Lee Smith (“Respondents”). The matter initially came for hearing on November 9, 2016, at which time it was continued to February 6, 2017 to allow Petitioner to serve the notice of hearing in accordance with the rules regarding service of a summons and complaint. A copy of the proof of service was to be filed by January 23, 2017. Respondent Smith, who appeared in pro per, was ordered to file and serve any re...