Excerpt: ...mons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default jud...

Excerpt: ...nt of Funds is set for June 3, 2019 at 1:30 p.m. in Department 94. Each claimant must file a written claim within 30 days of this order; the written claim should include a declaration setting forth the basis for the claim of ownership or interest. All claimants must also personally appear at the June 3, 2019 disbursement hearing. If no appearances are made, the matter will be set for an <0052004700480003008600 0011000c[ I. Background On January 1...

Excerpt: ...demonstrating a valid and enforceable Arbitration Agreement. (See 12/19/18 Minute Order p. 2.) The Court then turned to Plaintiff's arguments as to why arbitration should not be compelled and found that they were all unavailing, except for the argument on unconscionability. (See id. pp. 2-4.) The Court, therefore, continued the hearing on this Motion to allow the parties to file supplemental papers to address the issue of unconscionability. (See ...

Excerpt: ...n her Opposition, the Court is persuaded that there is a possibility that she could cure the discussed defects below. Accordingly, the Court GRANTS Plaintiff 15 days' leave to amend the Complaint. On December 1, 2017, Plaintiff Teresa Diaz Galeno (“Plaintiff”) filed this action against Defendant Los Angeles County Sheriff's Department (“Defendant”) for alleged the negligent act of Lojoya Montanet, Defendant's employee. (See Compl. ¶¶ 4,...

Excerpt: ...he hearing is TAKEN OFF CALENDAR. On February 21, 2019, LOSK filed an Answer. On March 1 and 4, 2019, Plaintiff filed substantially the same Demurrers to the Answer. The Court STRIKES the March 4 Demurrer and considers the March 1 Demurrer. TENTATIVE RULING: Plaintiff Vosgy Kousayan's Demurrer to the Answer is OVERRULED. I. Background : Plaintiff Vosgy Kousayan (“Plaintiff”) filed this legal malpractice action on August 8, 2016 and the operat...

Excerpt: ..., 2019, Plaintiff Felicia Mobley dba Mobley Law Offices, inpro per, filed a Motion to Vacate Dismissal (the “Motion”) under the discretionary provision of CCP § 473(b). II. Legal Standard “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. App...

Excerpt: ...(d)(3).) All hearing and trial dates are ADVANCED to today's date and VACATED. The Court sets a non-appearance OSC re Payment of Reclassification Fee for May 10, 2019 at 8:30 a.m. in Dept. 94. I. Background On September 27, 2017, Plaintiff Young Eun Choi (“Choi”) brought this action for conversion against Defendant Romy Tiffanie Han (“Han”). On January 16, 2019, Choi filed an Answer to the Complaint and a Cross-Complaint for $61,000 in da...

Excerpt: ...red Plaintiff Hong Rae Park to serve Defendant with verified responses to form interrogatories and requests for production within 20 days. Plaintiff was further ordered to pay Defendant monetary sanctions within 30 days of the order. Defendant served Plaintiff with notice of the order on January 10, 2019. (Motino, Whitemeyer Decl., Exh. A.) As of the filing of this motion, Plaintiff has failed to comply with any part of the court's order. (Id. at...

Excerpt: ...r on February 26, 2019. Plaintiff filed its opposition on March 5, 2019. The demurrer is procedurally defective in a number of respects. First, it is not accompanied by a proof of service demonstrating notice as required by Code of Civil Procedure section 1005. Indeed, Defendant points out that it was never served with the demurrer, but having discovered it online has filed a opposition. Second, the demurrer is not accompanied by a meet and confe...

Excerpt: ...ant part: A service member may, at any time during his or her most current period of military service or within six months thereafter, petition a court for relief in respect of any obligation or liability incurred by the service member before the effective date of the orders for his or her most current period of military service or in respect of any tax or assessment whether falling due before or during his or her most current period of military ...

Excerpt: ...April, 2008 and March, 2018. On July 23, 2018, Judgment Creditor filed an Assignment of Judgment with respect to Assignee Sacor Financial, Inc. (“Sacor Financial”). On January 28, 2019, Sacor Financial filed the instant motion for assignment order and restraining order. To date, no opposition has been filed. Legal Standard Code of Civil Procedure, section 708.510, subdivision (a) states, in relevant part: (a) Except as otherwise provided by l...

Excerpt: ... association, and Defendant is a member of the association as a condominium owner. (Compl. pp. 3-4.) Defendant and Plaintiff previously engaged in litigation and settled an action brought by Plaintiff for violation of its CC&Rs, where Defendant agreed to evict his tenant. (Id. p. 3; Motion, Exh. 2.) Plaintiff wanted Defendant's tenant to be evicted because he was renting out his space on Airbnb in violation the homeowner association's rules and r...

Excerpt: ...n opposition. Villa 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 w...

Excerpt: ...ntreal Family Trust and transfers by Attorney Keith A. Kink is granted. Background Plaintiff / Judgment Debtor Dov Charney (“Judgment Debtor”) (formerly president and CEO of American Apparel, Inc.) filed the instant action for defamation, false light, and other claims against Defendants Standard General, LP, Standard General Master Fund, LP, and P Standard General Ltd. (“Judgment Creditors”) on May 7, 2015. On September 30, 2015, the cour...

Excerpt: ...ed a Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”) under CCP § 664.6. II. Legal Standard Under CCP § 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 parties, the court ma...

Excerpt: ...his action against Defendant Navient Solutions, LLC (“Defendant”). On September 28, 2018, Defendant filed a Motion to Compel Arbitration and to Dismiss or, in the Alternative, Stay Action (the “Motion”). On October 31, Plaintiff filed an opposition. Defendant replied on November 6. At the previous hearing, the Court continued this matter to allow Defendant to file supplemental evidence to demonstrate that it andSallie Mae, the name of the...

Excerpt: ...Plaintiff”) filed this action against Defendant Navient Solutions, LLC (“Defendant”). On September 26, 2018, Defendant filed a Motion to Compel Arbitration and to Dismiss, or in the Alternative, Stay Action (the “Motion”). On October 30, Plaintiff filed an opposition. Defendant replied on November 6. Then, Defendant requests Court's permission to file a sur-reply; the request is DENIED and the sur-reply is STRICKEN from the record, thou...

Excerpt: ...Defendant”). Because Plaintiff failed to respond to Defendant's forms interrogatories and requests for production of documents, the Court, on October 11, 2018, ordered him to respond and imposed monetary sanctions. (See 10/11/18 Minute Order.) Plaintiff still has not complied with the Court's October 11 Order. (See Motion, Bakshandeh Decl. ¶ 7.) As a result, Defendant filed Motion for Terminating Sanctions (the “Motion”) on December 31, 20...

Excerpt: ... causes of action. Otherwise, there will be a risk of one judgment based on one cause of action and another judgment based on other causes of action. I. Procedural Background On January 22, 2018, Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) filed this action against Defendant Dual Diagnosis Treatment Center, Inc. dba Sovereign Health of California dba Sovereign Health Restaurant adba Sovereign Health Rancho Mirage (“Defendant�...

Excerpt: ...Johnson serving a notice of this ORDER. The Court awards $900 in monetary sanctions to Defendant Johnson and against Plaintiff Corsini. Sanctions are to be paid within 30 days of Johnson serving a notice of this ORDER. Background <0003000b00b30026005200 0049004c004f00480047[ the instant action claiming that Defendant Yvonne Johnson (“Johnson”) breached the parties' “Unlawful Detainer Stipulation and Judgment” filed October 11, 2016 in Joh...

Excerpt: ...ee 11/29/18 Minute Order.) The Court, therefore, awarded $4,000 in damages, plus attorney's fees and costs. (See id.) Plaintiff filed a Memorandum of Costs on December 7, 2018 and a Motion for Attorney's Fees on December 11, 2018. II. Legal Standard “Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amou...

Excerpt: ...anuary 25, 2019, Judge Barbara A. Meiers reclassified this action to limtied jurisdiction court. Defendant filed a Demurrer to the FAC on November 28, 2018. Plaintiff filed an Opposition on March 1, 2019; Defendant replied on March 12. Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) “The primary function of a pleading is to g...

Excerpt: ... favor of Plaintiff and against Defendant in the sum of $4,000. Plaintiff then filed a Motion for Attorney's Fees under Civ. Code § 51 on January 14, 2019. On February 5, 2019, Defendant filed a Motion to Vacate Judgment (the “Motion”) under CCP § 473(b), arguing that he made a “mistake, inadvertence, surprise, or excusable neglect” in not appearing for the trial. On March 5, 2019, Plaintiff filed an Opposition. II. Defendant Timothy Gr...

Excerpt: ...f the Automobile Club (“Plaintiff”) against Defendant Stephanie Suzanne Galan (“Defendant”), but retained jurisdiction under CCP § 664.6. (See 1/11/19 Order.) Plaintiff dismissed former defendant Marcus Justin Galan on July 17, 2018 from this action. (See 7/17/18 Request for Dismissal.) On February 5, 2019, Plaintiff filed a Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”). Plaintiff contends that an error was made...

Excerpt: ...Motion to Transfer) (the “Motion”). II. Legal Standard CCP § 403.040 provides in relevant part: “(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may recl...