Excerpt: ...st him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted….” (emphasis added.) (CCP §473(b).) First, as argued by Plaintiff in Opposition, Defendant failed to attach a copy of her proposed answer or pleading to the instant application to set aside...

Excerpt: ...o Special Interrogatories (set one) is GRANTED in part, and MOOT in part. I. Plaintiff's motion to compel further responses and actual production of documents, and to request for identification and production of documents (set one) is GRANTED in part, and MOOT in part. Moving Party to give notice. Counsel are encouraged to make continued efforts to informally resolve their discovery disputes. Motion to Compel Further Responses to Requests for Adm...

Excerpt: ... on March 28, 2018. The relevant facts are as follows: “On or about June 29, 2015 [Plaintiff]…insured the real property commonly known as 3133 Punta Del Este Drive, Hacienda Heights, CA (‘the insured property'); Destruction or damage resulting from fire or smoke was among the type of losses insured against by Plaintiff. The insured property was, at such time, owned by James and Patricia Rago (‘Plaintiff's insured').” (Complaint ¶3.) �...

Excerpt: ...swer fails to plead any facts in support of the alleged affirmative defenses, and fails to provide a defense against he claims made by in Plaintiff's Complaint. Thus, Plaintiff contends that judgment must be entered in his favor. However, Defendant has also made a general denial. “Defendant denies each and every, all and singular, generally and specifically, allegations contained in the Complaint and each cause of action thereof; denies that De...

Excerpt: ...ber 10, 2017. The relevant facts are as follows: “On or about August 28, 2009, Plaintiff and Defendant entered into a written lease agreement for a term commencing on September 1, 2009 and ending on May 31, 2017.” (FAC ¶5.) The “Lease” is attached to the FAC as Exhibit A. “While the Lease included language that ambiguously released Defendant from liability for damage to Plaintiff's property or loss of business, such release did not enc...

Excerpt: ...ny of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐complaint. (b) Any other cross‐complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court to file any cross‐complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice ...

Excerpt: ...chase Agreement (“Agreement”) whereby Defendant agreed to sell Plaintiff the residential property located at 8576 Florence Avenue, in Downey, California for $620,000.00. (SSUDF No. 1.) “On September 26, 2016, Defendant Solorio sent Le a Notice to Buyer to Perform, alleging that Le had failed to remove all contingencies prior to sale.” (Id. No. 3.) Plaintiff further alleges that “[t]he notice was defective, as it gave only Le one day to ...

Excerpt: ...submits a partial opposition to Plaintiff's motion, arguing that Plaintiff's requests are overbroad and burdensome. The Motion to Compel Arbitration and Motion for Trial Preference are currently scheduled for hearing on May 1, 2018. “Because a Code of Civil Procedure section 1281.2 petition to compel arbitration falls within the provisions of the Code of Civil Procedure for “special proceedings of a civil nature,” the Civil Discovery Act...

Excerpt: ...sel of record, sanctions in the total amount of $460.00 ($200/hr. x 2 hrs.) + ($60 filing fee) within 15 days of the date of this hearing. Defendant XING LI is ORDERED to provide verified responses and documents, without objection within 5 days of the date of this hearing. If a party to whom document demands are directed fails to respond at all, the propounding party's remedy is to seek a court order compelling answers thereto. (CCP §§ 2031.300...

Excerpt: ...ANDOVAL and INVESTORFORECLOSE refuse to stipulate to continue the discovery cut‐off and motion deadlines to track the new trial date (August 6, 2018.) Consequently, Plaintiffs move to continue the discovery cut‐off and motion deadlines to track the continued trial date. Additionally, Plaintiffs request that this Court ORDER Defendants STREMIZ, SANDOVAL, and INVESTORFORECLOSE CORP. to produce “certain email communications from their Yahoo Ad...

Excerpt: ... Cal. Ev. Code §452. When a motion to expunge lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real‐property claim, and to evidence the probability validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion to expunge, reflect...

Excerpt: ...emurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. (CCP §430.30(a).) Consequently, the statements contained in the declarations attached to the Moving, Opposition, and Reply Papers are not considered, and the evidentiary objections raised by the parties are MOOT. This action for creation of a private nuisance, violation of Califo...

Excerpt: ...20, 2017. Plaintiff's Complaint asserts the following causes of action: )1) Common Counts – Open Book Account; (2) Common Counts – Goods Sold and Delivered; and (3) Common Counts – Account Stated. Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Open Account; (3) Account Stated; (4) Goods Sold and Delivered; (5) Conversion; (6) Claim and Delivery; (7) Promise Without Intent to Perform; (8) Intentiona...

Excerpt: ...ongful foreclosure was filed by Plaintiffs JAMES ORTIZ and YOLANDA ORTIZ on September 19, 2017. As alleged, the relevant facts are as follows: “The claims brought herein are based on a refinance of Plaintiffs' primary residential property in which Plaintiffs were induced into a predatory Negative Amortization, Adjustable rate mortgage loan that stripped Plaintiffs' equity and resulted in a premature, wrongful foreclosure of their real property ...

Excerpt: ..., 1998; and the JAMES G. KALLINS PERSONAL RESIDENTIAL TRUST JUNE 16, 1998's motion to strike portions of Plaintiffs' Complaint is GRANTED with 20 days leave to amend. CCP §436. Moving Party to give notice. This property damage action was filed by Plaintiffs STEPHEN D. CHU; WILLIAM H. CHU; and AGNES O. CHU on August 8, 2017. The relevant facts are as follows: Plaintiffs WILLIAM and AGNES CHU purchased a single‐family home in June 1992 located a...

Excerpt: ...ursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Further, pursuant to the parties' representations, many of the disputed items can be, or have been resolved without Court intervention. Counsel are ORDERED to make further efforts to resolve the issues presented. If, after exhausti...

Excerpt: ...n to compel further responses and actual production of documents, and to request for identification and production of documents (set one) is CONTINUED to Thursday, April 12, 2018 at 1:30 p.m. in Dept. SE‐C. Moving Party to give notice. A motion to compel further responses must be accompanied by a meet and confer declaration. The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel ar...

Excerpt: ...to pay Plaintiff and its attorney of record, sanctions in the total amount of $510.00 (1.5 hrs. x $300/ hr.) + ($60.00 filing fee) no later than Thursday, March 22, 2018. “If a party to whom requests for admission are directed fails to serve a timely response, the following 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 wa...

Excerpt: ...relevant facts are as follows: Plaintiff is a 20‐year old Special Education student who was allegedly involved in an ATV accident on March 9, 2015 during an automotive repair class at LAUSD's Slawson Occupation Center. Plaintiff alleges that Plaintiff received no training whatsoever from his instructor, Sayed Hossein Saidi on how to operate an ATV, and that there was no safety or protective clothing available for him to use. While Plaintiff was...

Excerpt: ...NTED. Cal. Ev. Code §452. This action for quiet tile was filed by Plaintiffs on February 9, 2017. The relevant facts are as follows: The real property that is subject to this action is commonly referred to as 7124 Plaska Avenue #A, Huntington Park, CA 90255. (Defendant's SSUMF No. 1.) NEW ERA INVESTMENT, INC. obtained a loan from ANCHOR LOANS, INC. for $107,000.00 secured by the Subject Property on May 29, 2013. (Id. No. 3.) Sometime in 2014, Pl...

Excerpt: ...rder pursuant to CCP §708.510 as to payments due or to become due to the judgment debtor stemming from real estate commissions payable to Defendant by his employing real estate broker, LMM Real Estate, Inc. (See Silverman Decl., ¶3.) <0092008e008b0085008300 0096008a00870003008c>udgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver … all or part of a right to payment due...

Excerpt: ...osing party to give Notice. This action for sexual battery was filed by Plaintiff DORA MENDOZA on January 25, 2015. Plaintiff alleges, in pertinent part: “During a particular chiropractic session on or around December 2014 to January 2015, Defendant LOWRY was in the process of providing a massage and adjustments to Plaintiff's neck area, when Defendant LOWRY inexplicably and intentionally stuck his hands under Plaintiff's shirt and bra strap an...

Excerpt: ... of contract was filed by Plaintiff AIDA BRISENO on December 12, 2017. Plaintiff alleges that “[t]his civil lawsuit is a continuation of claims that could not be made in the Arbitration Hearing with the Contractors State Licensing Board… on 04/06/17….” (Complaint ¶1.) Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Property Damages; (3) Negligence; and (4) Punitive Damages. Defendant demurs to Pl...

Excerpt: ...d, the relevant facts are as follows: LSI is a business that provides staffing and support services for law offices. (SAC ¶10.) “In 2004… LSI entered a long‐term business relationship with Monteclaro, to provide his law office with extensive staffing and support services.” (SAC ¶18.) “Cabrera also worked for LSI until March 2016 (as a salaried employee) when she voluntarily abandoned her position after LSI declined to meet her unreaso...

Excerpt: ...intiffs have not demonstrated a good faith effort to informally resolve the instant discovery dispute. The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further ef...