Excerpt: ...y Defendant James Barnett, an employee of Defendant Southern California Regional Rail Authority (“Metrolink”), pulled out from a side street in the path of the now deceased Issac Sanchez (“Issac”) near the intersection of Pearblossom Highway and Small Road in the City of Palmdale, California and causing fatal injuries to Issac. Plaintiffs Raquel Nancy Morales (“Morales”), the surviving spouse of Issac, and Elvia Clara Sanchez (“Elvi...

Excerpt: ...hich occurred on or about August 29, 2016 involving Claimant Donald L. Parris and an underinsured motor vehicle. Claimant submits that on September 16, 2019, following settlement with the underinsured driver, he filed a claim with his insurance company. In regards to his claim, Claimant Donald L. Parris filed a petition on September 25, 2019 stating therein that after making an underinsured motorist claim to Respondent State Farm Mutual Automobil...

Excerpt: ...equest for sanctions is DENIED. Defendant to give notice. 2. Background This action arises from an auto collision occurring on or about November 15, 2016 at the intersection of Avenue N and 11th Street West in Palmdale, California, where Defendant Ana Galvan in her vehicle made a left turn in front of Plaintiff Andrew Crawford who was riding his motorcycle. Plaintiff Andrew Crawford filed the Complaint on October 16, 2018, wherein he alleged a ca...

Excerpt: ... Salon, & Spa, allegedly suffered an injury caused by one of Defendant's employees, consisting of a deep cut with an unsanitized utensil into the skin surrounding her big toe, and then had her foot placed into unsanitary footbath water. As a result of the incident, Plaintiff alleges that she suffered an onychomycosis nail fungal infection. Plaintiff filed her personal injury Complaint in this action on May 01, 2018. Plaintiff filed a First Amende...

Excerpt: ...tion of marriage, LASC Case No. BD524898. Defendant is a self-represented litigant currently serving a federal prison sentence in Lompoc, California. On September 29, 2017, Plaintiff filed his Complaint, alleging that Defendant failed to make timely payments to him and asserting a Breach of Contract cause of action. This Court's notes reflect that on June 7, 2018, this Court received an ostensible Motion Requesting Extension of Time to Answer Sum...

Excerpt: ...equest for sanctions is DENIED. Defendant to give notice. 2. Background This action arises from an auto collision occurring on or about November 15, 2016 at the intersection of Avenue N and 11th Street West in Palmdale, California, where Defendant Ana Galvan in her vehicle made a left turn in front of Plaintiff Andrew Crawford who was riding his motorcycle. Plaintiff Andrew Crawford filed the Complaint on October 16, 2018, wherein he alleged a ca...

Excerpt: ...0 0057004b004800510003[filed a Motion to Strike, on November 21, and a Demurrer, on November 29, to the Answer. On December 26, Defendant filed an Opposition to the Motion to Strike; Plaintiff then filed a Reply to the Opposition on January 29, 2019. II. Motion to Strike In a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.”...

Excerpt: ... Richardson v. County of Los Angeles, LASC Case No. BC699104. Defendants filed the instant motion to transfer this action to the unlimited jurisdiction court on February 19, 2019. To date, no opposition has been filed. Defendants move to transfer this case on the grounds that it is related to Richardson, which involves damages of more than $25,000.00. Defendants concede that the damages sought by Plaintiff in this action are only $14,347.00. (Mot...

Excerpt: ...e subject property”). On August 23, 2018, the court granted Petitioner's request to deposit funds and be discharged from the action. The court also set the instant hearing regarding disbursement of the funds for August 23, 2018. On August 30, 2018, Petitioner deposited the funds of $11,897.33 with the court and filed proof of service of the notice of hearing. At the hearing regarding disbursement of funds on November 29, 2018, there were no app...

Excerpt: ...ness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. The District filed the instant demurrer on September 10, 2018. The motion is accompanied by a declaration that satisfies the meet and confer requirements of Code of Civil Procedure section 430.41. (See Demurrer, Cheathem Decl.) Das filed her opposition on October 9, 2019, and the District...

Excerpt: ...ling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan <0047004800510046004800 0046005200510056004c[dered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430....

Excerpt: ...murrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered...

Excerpt: ...ant's failure to file a responsive pleading, the court entered his default on February 8, 2018, and default judgment on May 25, 2018. Defendant filed the instant motion to set aside the entry of default and default judgment on October 26, 2018. To date, no opposition has been filed. The matter initially came for hearing on December 13, 2018, at which time it was continued to January 3, 2019. On January 3, 2019, the court continued the hearing to ...

Excerpt: ... inadvertence, surprise, or excusable neglect” under CCP § 473(b). Accordingly, the Court exercises its discretion and deems the Motion as seeking relief under Section 473(b). Relief under CCP § 473(b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc. (1985) 170 Cal.App.3d 725.) It is the policy of the law to favor, wherever possible, a h...

Excerpt: ...30.41(a), § 435.5(a).) The Court is satisfied with Moving Defendants' counsel's meet-and-confer effort. (See 12/10/18 Gammill Decl.) Legal Standard “The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) The lega...

Excerpt: ...�Plaintiff”) filed the operative First Amended Complaint (the “FAC”) against Defendants City of Los Angeles and Los Angeles Unified School District (“LAUSD”) seeking refund of $21,989.34 in fees under Educ. Code § 17624. (See 6/4/18 Amendment to Complaint [naming LAUSD as Doe 1].) Plaintiff then filed a duplicative FAC on January 22; this duplicative FAC is STRICKEN from the record. On February 11, 2019, LAUSD filed a Demurrer to the F...

Excerpt: ...t Defendant Mark Varela (“Defendant”). Default was entered against Defendant on February 5, 2018, and a default judgment was enteredagainst Defendant on February 28. On August 23, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”). On January 24, 2019, Plaintiff filed an Opposition. On February 14, Defendant filed a Reply (erroneously named as an “Opposition to Plaintiff's Opposition”). Legal Standard “Notice a...

Excerpt: ...ecember 29, 2017, Plaintiff Level 1 Roofing, Inc. (“L1R”) filed this breach-of-contract action against Defendants Richard Thompson III (“Richard”), Carolyn Thompson (“Carolyn”), and Finance of America Reverse, LLC (collectively, “Defendants”). On April 26, 2018, Cross- Complainants Thompson and Carolyn (collectively, “Cross-Complainants”) filed the operative First Amended Cross-Complaint (“FAXC”) against Cross-Defendants L...

Excerpt: ...erative First Amended Complaint (“FAC”). On January 9, 2018, Defendant filed a Demurrer to the FAC. Plaintiff filed an Opposition on February 4. II. Meet and Confer “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 can be reached that would resolve the obj...

Excerpt: ...dant”) pursuant to a Labor Commissioner's decision. On January 30, 2019, Plaintiff filed a Motion for Assignment Order (the “Motion”). Plaintiff seeks an order assigning all revenues Defendant is receiving or may receive from all companies, <00360033003600b4000c00 004f0058005600030014[ Enterprises, LLC (“4P1E”). The Court will not enter an order on all companies, but will consider entering an order on SPS and 4P1E if the evidence suppor...

Excerpt: ...nuary 18, 2018 Minute Order, the Court also instructed Plaintiff to give notice of the Order. At the April 12, 2018 hearing, the Court noted that Plaintiff failed to properly serve the potential claimants. The Court, accordingly, continued the hearing on the disbursement of funds and instructed the court clerk to give notice. Proper notice has been given by the court clerk. At the last hearing on June 14, 2018, the Court set an OSC Hearing re: Es...

Excerpt: ...le- negligence action against Defendant Infinity Insurance Corp. (“Defendant”). Default was entered against Defendant on May 30, 2018. On February 1, 2019, Defendant filed a Motion to Quash Service of Summons and Vacate Default (the “Motion”) under CCP § 473.5. II. Discussion A. Defendant's Request to Quash Service of Summons and Demurrer to Complaint In addition to seeking an order vacating the default, Defendant also asks the Court for...

Excerpt: ...ent. (Ibid.) Upon seeking treatment for his condition, Plaintiff has incurred almost $100,000.00 in medical bills and will likely require ongoing medical care. (Id. at ¶6 and Exh. A.) The court finds that the declaration of Plaintiff's attorney is not proper insofar as it is not shown to be based on personal knowledge. Simply stating that the facts therein are made on personal knowledge does not make it so. Clearly, Plaintiff's attorney cannot c...

Excerpt: ... instant Petition to Confirm Arbitration Award (the “Petition”). II. Discussion A. Filing Requirements (CCP § 1285.4) CCP § 1285.4 states: “A petition under this chapter shall: a. Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. b. Set forth the names of the arbitrators. (c) Set forth or have attached a copy of the award and the written opinio...

Excerpt: ...ust select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appe...