Excerpt: ...ce of settlement of entire case as filed on September 20, 2017, conditioning dismissal upon approval of the minor's compromise of pending action. The petition to approve the minor's compromise was filed on October 3, 2017, with a hearing date of November 8, 2017. When the matter came for trial on October 23, 2017 and Plaintiffs failed to appear, the court dismissed the action pursuant to CCP section 581(b)(3). Plaintiffs now move to vacate the di...

Excerpt: ..., Inc. (“Respondent”) on April 21, 2016. After the matter was ordered to arbitration, Petitioner filed the instant motion to confirm the arbitration award on <0003004800570003005600 48005400110003> 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) 19 Cal.App.3d 836, 840.) A party may seek a court judgment confirming an arbitration award by filing ...

Excerpt: ...t merit. (CCP §2033.290(a).) The motion must be accompanied by a Section 2016.040 meet and confer declaration and must be noticed within 45 days of service of the response, or supplemental response, unless the parties have agreed in writing to an extension of the 45‐day deadline. (CCP §§ 2033.290(b)‐(c).) If the motion is not timely filed, the party waives the right to compel further responses to the requests for admissions. See Id. The mo...

Excerpt: ...tiff because Plaintiff failed to provide any evidence at the April 16, 2015 bench trial against Hartford. (July 15, 2015 Notice of Ruling.) On January 10, 2017, Judge Elaine Lu entered default judgment against Defendant Los Angeles Legales (“Legales”) in favor of Plaintiff (“January 10, 2017 Judgment”). On November 3, 2017, Plaintiff filed a Motion to Amend Judgment (the “Motion”), seeking to add Hartford into the January 10, 2017Judg...

Excerpt: ...ction of documents. When no responses were received, Defendants filed a motion to compel responses, which was granted on August 15, 2017. When responses were still not forthcoming, Defendants filed the instant motion to compel further or award terminating sanctions. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.29...

Excerpt: ...cle (2007 Lexus LX4570) for the purpose of valet parking, but negligently operated the Lexus vehicle such as to collide it with a third-party Luther B. Chen's vehicle (2012 Honda Civic). (Id. ¶ 10.) Because of the collision, Plaintiff paid $7,519.83 in liability to its insured and Chen. (Id. ¶ 16.) Plaintiff seeks to recover the amount of damages it insured and paid. On November 3, 2017, Plaintiff filed a Motion for Summary Judgment (the “Mot...

Excerpt: ...ntract arising out of a claim for indemnity for payment of a bond. Plaintiff American Contractors Indemnity Company (“ACIC”) entered into an indemnity agreement with USFC Inc. dba US Floor Covering (“USFC”) wherein ACIC agreed to provide the necessary bond for USFC, Inc. to obtain a contractor's license. Defendant/Cross-Complainant Mohammad Hedayati (“Cross-Complainant”) signed the indemnity agreement on behalf of USFC and as an indiv...

Excerpt: ...ever”), Jang R. Cho, and Nextrade, Inc. (collectively, “Defendants”), asserting causes of action for (1) breach of contract, (2) open account, (3) account stated, and (4) goods sold and delivered (quantum meruit). Cross-Complainant Texever filed a Cross-Complaint on October 20, 2017 and a First Amended Cross-Complaint (the “FACC”) on January 11, 2018, both against Cross-Defendants Neman, Yaghoud Nourany, Yoel Neman, and Chris Lee. On Oc...

Excerpt: ... of assignment of judgment to contain the following: (1) The title of the court where the judgment is entered and the cause and number of the action. (2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court. (3) The name and address of the judgment creditor and name and last known address of the judgment debtor. (4) A statement describing the right represented by the judgment that is ...

Excerpt: ...e while driving his vehicle. (Compl. ¶ GN-1.) Because of the seizure, Defendant collided his vehicle into five other vehicles, including Plaintiff's, causing Plaintiff's injuries. (Id.) On November 9, 2017, Plaintiff filed a Motion for Summary Judgment, or in the Alternative, for Summary Adjudication (the “Motion”). On January 12, 2018, Defendant filed <00480053004f005c000300 00030049004c004f0048[d. Legal Standard “In moving for summary ju...

Excerpt: ...id Petitioner this amount exactly.[1] However, Petitioner argues Respondent failed to take into account interest that Petitioner was owed, and after attempting to convince Respondent to pay interest without success, brought the instant petition on March 28, 2017, to compel Respondent to pay interest. Legal Standard Pursuant to Civ. Code § 3287(a): A person who is entitled to recover damages certain, or capable of being made certain by calculatio...

Excerpt: ...amend, Plaintiff filed an “Amended Complaint” which appears to allege a fraud claim without expressly stating so. The Court deems this pleading to be the First Amended Complaint for fraud. Plaintiff alleges in the FAC that he was enrolled in a graduate studies program at CSUN in 2010 through the thesis program. (FAC 2:12.) Plaintiff alleges that in 2009, he was enrolled in the Comprehensive Exam Program. (FAC 2:17.) Plaintiff alleges that Ali...

Excerpt: ...ctions <0048000300560048004600 0011001a000b0045000c[ provides that By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:...

Excerpt: .... Plaintiff served verified discovery responses to the outstanding discovery on August 21, 2017. With respect to the issue of sanctions, the Court finds that an award of sanctions is appropriate <0048004800510003005300 005100520057004c0046>ed. Plaintiff has not demonstrated that its failure to respond was substantially justified. Defendant provided extensions of time for Plaintiff to serve responses, including to July 21, 2017 and August 7, 2017....

Excerpt: ... 5, 2012. On October 22, 2012, Plaintiff dismissed Defendant Garcia from the action. Plaintiff and Defendant Rodriguez reached a settlement on October 15, 2012, in which Defendant Rodriguez agreed to pay $4,637.10 in monthly installments. (Motion, Poteet Decl., ¶8 and Exh. B.) The stipulated judgment was entered by the Court on November 9, 2012. The stipulated judgment also provides that upon Defendant's default, Plaintiff would demand full paym...

Excerpt: ...es, Set One; Request For Monetary Sanctions are GRANTED. Defendants have not provided any responses to the discovery propounded by Plaintiff. There is no requirement for a prior meet and confer before a motion to compel initial responses can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. Based on the foregoing, Plaintiff is entitled to an order that Defendants answer the interrogat...

Excerpt: ...d by Defendant Rita Vilchez and Defendant West Coast Landscape Management LLC, causing harm to Plaintiff's insured. Default was entered against Defendants Andrew Vilchez and Rita Vilchez on January 14, 2015. Default was entered as to Defendant West Coast Landscape Management, LLC, on October 1, 2015. The Court entered default judgment against Defendants on April 19, 2016. Defendants Rita Vilchez and Andrew Vilchez filed the present motion on Janu...

Excerpt: ...t against Defendant, the Court dismissed the action without prejudice. Plaintiff now moves to set aside the August 9, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in failing to obtain default judgment. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit of fault attesting to his/her mi...

Excerpt: ...urt notes that Defendant has not indicated the basis on which he seeks relief. However, Defendant's arguments are that the default judgment is void and in violation of due process. As such, the Court finds that Defendant is seeking relief pursuant to CCP section 473(d) and on equitable grounds. Section 473(d) Section 473(d) provides that “[t]he court may . . . on motion of either party after notice to the other party, set aside any void judgmen...

Excerpt: ... Law Group, P.C. on October 12, 2017 and ADLI Law Group, P.C. subsequently assigned the arbitration award to Petitioner Arden Silverman of Capital Asset Protection (“Petitioner”) on the same date. Petitioner filed a petition to confirm the arbitration award on November 3, 2017. Discussion Petitioner filed the instant petition to confirm the arbitration award issued in favor of Mr. Sherman and against Respondent in an attorney-client fee arbit...

Excerpt: ...o CCP section 664.6 on the same date. Plaintiff now moves to enforce the settlement and enter judgment pursuant to that statute. Under CCP section 664.6: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the partie...

Excerpt: ...elevant, improper, and now drawn in conformity with California law. 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.” (Code Civ. Proc., § 92(d).) The motion does not challenge the complaint on the basis of unsupported damages or relief. Accordingly, Defendant's motion to strike is denied. The Court notes Defenda...

Excerpt: ...er, fax number and email address, and State Bar membership number of the attorney for the party on whose behalf the paper is presented. (See CRC Rule 2.111(1).) Instead, the caption only includes the contact information for Defendant, which claims to represent itself. (See Answer, p. 1.) Furthermore, the Answer is signed by “Yigal Azrouel.” (Ibid.) A corporation cannot sue or defend in pro per. (Merco Const. Engineers v. Municipal Court (1978...

Excerpt: ... Defendants Christy Iniguez (“Iniguez”) and Ricardo Cortes (“Cortes”) (collectively, “Defendants”). Defendants live in Chicago, Illinois, and Plaintiff lives in Los Angeles, California. The parties entered into a lease agreement for Defendants to lease Plaintiff's property in Chicago, Illinois. On June 26, 2017, Defendants filed a Motion to Quash the Summons and Complaint (the “Motion”). On January 4, 2018, Plaintiff filed his Opp...

Excerpt: ...however, the amount requested is excessive given the simplicity of these nearly identical and unopposed motions. Therefore, Defendant is ordered to pay sanctions in the amount of $420.00, based on two hours of attorney time billed at $150.00 per hour, and two filing fees of $60.00 each, within 30 days. (See Motion, Gaba Decl., ¶9.) Moving party to give notice. ...