Excerpt: ...substituted service at MODA TRANSPORTATION, LLC's place of business. However, Figueroa argues that at the time service was allegedly effectuated, “Mr. Figueroa had not worked for Moda Transportation for more than one-year before the service was attempted.” (Notice 1: 24-25.) In order to gain jurisdiction over a party, that party must be properly served with the summons and complaint. CCP §415.20 provides in relevant part: “(b) If a copy of...

Excerpt: ...llowing rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party's failure to serve a timely response was the ...

Excerpt: ...A LILIANA CRUZ's First Amended Cross-Complaint is SUSTAINED without leave to amend. CCP §430.10(c); CCP §430.10(e). This first through tenth causes of action are STAYED in abatement pending disposition of BLANCA LILIANA CRUZ's claims in Case No. BC686871. All dates in case number BC686871are hereby VACATED. The dates already set in the subject action remain set. Plaintiff/Cross-Defendants' request for judicial notice is GRANTED. Cal. Ev. Code �...

Excerpt: ...r than 15 days from the Court's issuance of this Order. Defendant LI is ORDERED to provide verified responses and documents to Special Interrogatories (Set One) without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreement of the parties. Moving Party to give Notice. No Opposition filed as of June 12, 2018. If a party to whom interrogatories are directed fails to respond at all, t...

Excerpt: ...Dept. SE-C. Moving Party to give notice. The parties are ORDERED to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The decla...

Excerpt: ...ANTED. Cal. Ev. Code §452. This breach of employment contract action was filed by Plaintiff/Cross- Defendant CALLEROS (“Calleros”) on April 7, 2017. Calleros alleges, in pertinent part: “In early 2012, USG agreed to hire Calleros for a sales and customer service position. USG hoped to capitalize on Calleros' contacts in the industry and sales ability, and USG offered and Calleros' accepted the deal points for Calleros' services: a salary o...

Excerpt: ...roduction of third party business records directed towards Yahoo, Inc. Plaintiffs seek to obtain certain email communications between the Defendants from their respective Yahoo Address regarding this matter. Defendants argue that (i) the records sought from Yahoo are protected under the Stored Communications Act (“SCA”); and (ii) Plaintiff's counsel is not a proper deposition officer. “The Act states that a provider of an ‘electronic comm...

Excerpt: ...ND GALLARZO PROPERTY HOLDINGS, INC.'s motion to strike portions of Plaintiff's Complaint is DENIED. CCP §436 Moving Party to give Notice. Defendants' request for judicial notice accompanying the instant demurrer is GRANTED in part, and DENIED as to RJN Exs. I, F, J, and K. Cal. Ev. Code §452. Defendants' request for judicial notice accompanying the instant motion to strike is GRANTED in part, and DENIED as to RJN Ex F. Cal. Ev. Code §452. Defe...

Excerpt: ... the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. This action for breach of contract was filed by Plaintiffs JOHN KENNEY, as trustee of the John W. Dailey and Dorothy M. Dailey 1989 Trust; and the JOHN W. DAILEY AND DOROTHY M. DAILEY 1989 TRUST on March 2, 2018. Plaintiffs allege that Defendants made certain misrepresentations in order to sell Plaintiffs securities and investments. The s...

Excerpt: ...90. II. Plaintiff's unopposed motion to compel Defendant G STAR BROADCASTING's INC's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 III. Plaintiff's unopposed motion to compel Defendant PHENJA WAN PANAY KHIEWDOUNDEN's responses to form interrogatories (set one) is GRANTED. CCP §2030.290. I. Plaintiff's unopposed motion to compel Defendant PHENJA WAN PANAY KHIEWDOUNDEN's responses to special ...

Excerpt: ...INA's responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300 Defendant MIRIAM MEDINA (in pro per) is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $480.00 ($300/hr. x 2 hrs.) + ($180 costs) no later than 15 days from the Court's issuance of this Order. Defendant MIRIAM MEDINA is ORDERED to provide verified responses and documents to Form Interrogatories (Set One...

Excerpt: ...ed at 9324 Appleby Street, Downey, California 90240. The parties took title to the subject property as joint tenants on September 14, 2010, with a 50% interest in each joint tenant.” (Complaint ¶5.) “Plaintiff… alleges that Defendant claims an interest in the property adverse to plaintiff herein, in that Defendant denies that Adame has any interest in the subject property; and Defendant is claiming a 100% interest in the subject property f...

Excerpt: ...ent Agreement on November 14, 2017 where Defendant had not yet made an appearance in this matter, and no entry of default was taken. “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 <01e10003008f0083009b00 009700860089008f0087>nt pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction...

Excerpt: ...S on July 7, 2017. It is undisputed that Plaintiff is a convicted and registered sex offender, who is not on parole. (Complaint ¶4.) In this action, Plaintiff challenges the validity of the City of Maywood's “blanket” sex offender housing restrictions because “the Maywood Residency Restrictions effectively banish Plaintiff and all Registrants from all affordable housing in Maywood.” (Id. ¶22.) Plaintiff alleges, in pertinent part: “Pl...

Excerpt: ... no later than 15 days from the Court's issuance of this Order. Moving Party to give Notice. No Opposition filed as of May 30, 2018. The Court is in receipt of Defendant OKEREKE's Notice of Motion and Motion to Deem Matters Admitted, filed on April 20, 2018. Defendant's Motion is STRICKEN, as it is procedurally improper and there is no such motion on calendar. “If a party to whom requests for admission are directed fails to serve a timely respo...

Excerpt: ...production of documents (set one) is GRANTED. CCP § 2031.300 Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $470.00 ($350/hr. x 1 hr.) + ($120 filing fee) no later than 15 days from the Court's issuance of this Order. Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to provide verified responses and documents to Form Interrogatories (Set One); and Request ...

Excerpt: ...her responses to Form Interrogatories (set one) is CONTINUED to Thursday, July 12, 2018 at 1:30 p.m. in Dept. SE-C. II. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Special Interrogatories (set one) is CONTINUED to Thursday, July 12, 2018 at 1:30 p.m. in Dept. SE-C. I. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Request for...

Excerpt: ... Shaoxing County Jocelyn Textile Co., Ltd. (“Jocelyn”) and Defendant FOX APPAREL GROUP LLC (“Fox”) entered into a transaction concerning wholesale fabric. Fox submitted two Purchase Orders to Jocelyn. In response, Jocelyn sent Fox two “Sales Contracts” via email. “The Sales Contracts had payment terms of 15 % deposit, 50% upon delivery, and 35% due in 30 days. [Citations Omitted.] On September 9, 2016, Fox wired $14,565.00 to Jocely...

Excerpt: ...nd Serve the Demurrer and Motion to Strike within 10 calendar days (plus 5 extra days for service by mail), from the date of this hearing. This matter is restored as an active civil case. All parties are ORDERED to appear for the currently set MANDATORY SETTLEMENT CONFERENCE on August 1, 2018 at 8:30 a.m. in Dept. SE‐F. Defendants argue that they lacked actual notice to defend this action due to Plaintiff's failure to serve her Second Amended C...

Excerpt: ...Complaint is MOOT. Moving Party to give notice. Defendants' request for judicial notice is GRANTED. Cal. Ev. Code §452. This contractual fraud action was filed on November 1, 2017 by Plaintiff MINA MONTEJANO. The relevant facts are as follows: “On or about October 17, 2006, Plaintiff executed a deed of trust to secure payment of a note pertaining to the Subject Property. On or about July 30, 2014, a purported trustee sale of the Subject Proper...

Excerpt: ...egal Matters are to be resolved in the South Bay Municipal Court of Los Angeles, California.” (Complaint, Ex. A.) Defendants move to transfer this action from Los Angeles County to Riverside County pursuant to CCP §§ 395(a), 395.5, 396b, 397(a), and 398. Defendants bring this motion on “wrong court” grounds, contending that this action should have been filed in Riverside County rather than Los Angeles County. As the moving parties seeking...

Excerpt: ...enas directed to LOC PHAM and the Person(s) Most Knowledgeable for LCF PRACTICE SALES & FINANCING, A DIVISION OF LCF FINANCIAL, INC. According to Defendants, “[b]y way of the subpoenas, Plaintiffs seek production of certain materials related to the listing and sale of a dental practice (doing business as De La Cruz Dental) that was co‐owned on a respective 51 to 49 percent basis by Dr. Lourenco and Ms. Rodriguez.” (Motion 4:9‐11.) Defenda...

Excerpt: ...erve a Supplemental Reply per CCP §1005(b) in accordance with the new hearing date. Opposing Party to give Notice. The Court notes that Plaintiff's Motion to Quash Deposition Subpoenas or in the Alternative for A Protective Order is set to be heard on August 9, 2018. This elder abuse action was filed by Plaintiff FANNIE KILGORE on July 6, 2017. The action was stayed in abatement following the death of Plaintiff FANNIE KILGORE in or around August...

Excerpt: ...) Violation of Procedural Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to allegations of billing fraud. (SAC ¶5.) While Pl...

Excerpt: ...t Defendants Henao and Bocanegra “betrayed Cartamundi's trust and began scheming to form a competing company, Praxis, while still employed by Cartamundi, and misappropriated Cartamundi's trade secrets and improperly obtained and used Cartamundi's confidential and proprietary information, altered Cartamundi's products, repacked them under the Praxis brand and passed them off as their own, diverted work away from Cartamundi to Praxis, and spread ...