Excerpt: ...YSIS: I. Discussion On December 4, 2019, Petitioner Inland Valley Humane Society on behalf of The City of Pomona (“Petitioner” or “IVHS”) filed a petition to determine if a dog is potentially dangerous. On December 4, 2019, the Court set a hearing on the petition for April 8, 2020. On December 9, 2019, the Court set a hearing on the petition for December 18, 2019. No opposition has been filed. II. Legal Standard A petition to determine if...

Excerpt: ... Your Way Out Bail Bonds (“YWO”) (collectively, “Defendants”). SAB is the landlord and owner of the premises out of which YWO operates. (Sabouhi Decl., ¶¶ 2, 3.) The complaint alleges Defendant failed to offer a disabled handicap parking spot for Plaintiff and others similarly disabled. (Compl., ¶¶ 4, 12.) On September 23, 2019, YWO was dismissed with prejudice. On August 30, 2019, SAB filed this Motion for Summary Judgment or in the ...

Excerpt: ... 23, 2016, Plaintiffs Marcela Carmona and Jose D. Luna (collectively, “Plaintiffs”) entered into a Retail Installment Sale Contact (“Contract”) for the purchase of a used vehicle, namely a 2009 Acura TSX from Defendant Pedro Segura dba Segura Motors (“Defendant”). (Compl. ¶ 3,16, Exh. 1.) On March 22, 2019, Plaintiffs filed this action for violation of consumer rights, for unfair business practices, for violation of the implied warra...

Excerpt: ...ff Antanesha Hasley's Deposition. OPPOSITION: Filed on December 5, 2019. ANALYSIS: On March 16, 2017, Plaintiff Antanesha Hasley (“Plaintiff”) filed a Complaint against Defendants Victor Ahumada, M.R. Transportation, Inc. and Marianne Straughter (“Defendants”) arising from a March 16, 2015, automobile collision. Legal Standard Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including a...

Excerpt: ...and Maria Tovar, (collectively, “Defendants”). On September 18, 2008, Default Judgment was entered by the court against Defendants in the amount of $18,402.36 jointly and severally. (9/18/08 Default Judgment.) On September 24, 2008, Plaintiff Filed a Memorandum of Costs After Judgment, which sought $18,597.24 in attorneys' fees and costs. (Mot., Exh. 3.) Plaintiff filed an application for renewal of judgment against Manuel Tovar on August 1, ...

Excerpt: ...Ok Lee (collectively, “Defendants”) in connection with a bicycle-vehicle accident. On August 19, 2019, Defendants moved the court for an Order Compelling Plaintiff's Attendance at Deposition and for Monetary Sanctions. (Bui Decl., ¶ 2.) Defendants presented evidence of Plaintiff's repeated failure to appear for scheduled depositions. (8/19/2019 Minute Order.) Specifically, Plaintiff was noticed for deposition on March 5, 2019, but reschedule...

Excerpt: ...ed Complaint in its entirety on the basis that it is barred by res judicata, and to the individual causes of action for failure to state sufficient facts to constitute a cause of action. OPPOSITION: Plaintiffs filed a number of documents appearing to argue that res judicata does not apply. No grounds are intelligible. ANALYSIS: 1. Background The grounds for this action are unclear. Plaintiffs' First Amended Complaint (“FAC”) alleges causes of...

Excerpt: ...tiff the sum. On June 3, 2019, Plaintiff filed an amendment to complaint, substituting in Defendant Superior Awning, Inc. as Doe 1. On August 9, 2019, Defendant Outloud Audio filed this motion. On November 26, 2019, Plaintiff filed the opposition. II. Legal Standard CCP section 1281.2 permits a party to file a motion to request that the Court order the parties to arbitrate a controversy. Under CCP section 1281.2, the Court may grant the motion if...

Excerpt: ...um of $12,500 in June 2014. (Plaintiff's UMF, No. 2.) The Bond named Rocky Road General & Electrical Contractors, Inc. (“Rocky”) as the principal. (Id.) In exchange for the bond, ACIC and Martin John Farrell-Araque (“Defendant”) executed an Indemnity Agreement (the “Agreement”) on May 21, 2014. (Plaintiff's UMF Nos. 1, 2.) The Agreement stated the following: “IN CONSIDERATION of the execution of such bond, the undersigned, individua...

Excerpt: ...”), seeking to release a mechanic's lien recorded by Respondent HK General Contractors (“Respondent”) on real property known as 423 N. La Brea Ave., Inglewood, CA 90302 (the “Subject Property”). Respondent recorded the mechanic's lien on April 30, 2018 in the amount of $600,000 claiming it was not paid for labor, services, equipment, or materials furnished by Respondent for a work improvement done on the Subject Property. (Pet., ¶ 3.) ...

Excerpt: ...ndant was sub-served by leaving the papers with Catalina Alvarado at 18405 Companario Drive, Rowland Heights, California on June 20, 2002 at 9:59 am. (Opp., Espinosa Decl., ¶ 10, Exh. A.) Default was entered on October 15, 2002. Default judgment was entered against Defendant on October 29, 2002. On August 30, 2010, Plaintiff submitted an application for renewal of judgment and case was given new case number. A Writ of Execution was issued on Dec...

Excerpt: ...ber 9, 2018, the arbitrator issued an award in favor of Plaintiff Henriquez in the amount of $21,792.00. On February 14, 2019, the Court corrected the arbitration award by reducing it to $15,000 and approved minor Plaintiff's petition to approve minor compromise. On February 20, 2019, Plaintiff Henriquez filed a Memorandum of Costs asking for $6,614.65 in costs. In response, Defendant filed a Motion to Strike Costs on March 12. Plaintiff Henrique...

Excerpt: ...g that her credit is being ruined because Defendant has not paid for her rental car. (Compl., ¶11g.) Defendant was not served in the action until October 2017, and did not file its Answer until February 2018. Defendant filed a Motion for Summary Judgment on August 20, 2018. At the hearing on November 15, 2018, the Court deemed the Motion for Summary Judgment to be a Motion for Judgment on the Pleadings and granted it with 30 days' leave to amend...

Excerpt: ...ant”) on September 16, 2019. Defendant filed the instant Demurrer on October 28, 2019. To date, no opposition has been filed. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demu...

Excerpt: ...ed economic damages. She has only produced medical records showing bills of $9,282.00. She offers no proof of her purported lost income or that good cause exists regarding the timing of this motion. ANALYSIS: On October 15, 2018, Plaintiff Yanette Arlene Enriquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Charles Michael Heldebrant (“Defendant”). In the caption, the Complaint states that the amou...

Excerpt: ...e statute of limitations, or alternatively, that the loan agreement fails to include all the information mandated for a retail installment contract by the Unruh Act. OPPOSITION: The cause of action for breach of an installment contract arises separately for each installment, and the statute of limitations for breach of a promissory note is six years. Also, where a note is acquired by a party who does not know of the note's non-compliance with the...

Excerpt: ...MITTED WITHIN TEN (10) DAYS. ANALYSIS: I. Background On January 14, 2019, an arbitrator awarded Writers Guild of America, West, Inc. (“Writers Guild”) $19,190 in damages plus finance charges of 18 % per year “on unpaid balance of each Principal Amount commencing on the date that is fourteen (14) days following the Contract Date of each option/purchase agreement” until the finance charges are paid in full, as well as $2,700 in arbitration ...

Excerpt: ...nge to a citation issued by Defendant California Department of Public Health. Plaintiff is an elder care center, and the Class “A” citation and the $20,000.00 penalty was issued for violation of 42 Code of Federal Regulations parts 483.20(G), 483.24, and 483.25(d). GROUNDS FOR MOTION: Plaintiff failed to file and serve a case management statement within the time period required by Cal. Health & Safety Code section 1428, subdivision (b). This ...

Excerpt: ...��). (Motion, Exh. A (Settlement Agreement).) Because Defendant breached his obligations to fully pay Plaintiff for the amount owed under the Settlement Agreement, Plaintiff has brought the instant Motion to Enforce the Settlement Agreement and Enter Judgment (the “Motion”) under CCP § 664.6. II. Legal Standard Code of Civil Procedure, section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties o...

Excerpt: ...inst Defendant Torrance Unified School District (“Defendant”) for (1) negligence and (2) premises liability on September 5, 2019. In response, Defendant filed a Demurrer to the FAC on October 3, 2019. Plaintiff dismissed former Defendant City of Torrance on October 28. The Court is satisfied with Defendant's meet-and-confer effort. (Mott Decl. ¶ 5.) Accordingly, the Court turns to the merits of the Demurrer. II. Legal Standard “A demurrer ...

Excerpt: ... filed an answer, default and default judgment were entered against him and in favor of Plaintiff Wells Fargo Bank, National Association (“Plaintiff”) on July 17 and October 8, 2019, respectively. The judgment was renewed on March 8, 2019. On April 11, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion to Vacate”), arguing that the substituted service of the Summons and Complaint was improper and ...

Excerpt: ...lectively, “Defendants”) for (1) rescission of contract and (2) money had and received. In response, Defendants filed a Demurrer to the Complaint on September 16, 2019. Plaintiff opposed the Demurrer on October 18. Defendants have submitted proof of a meet of confer effort they made as required by CCP § 430.41(a), which Plaintiff does not dispute as insufficient. II. Legal Standard “A demurrer tests the legal sufficiency of the factual all...

Excerpt: ...��Defendant”). Because Defendant failed to answer the Complaint, Plaintiff successfully obtained default and default judgment against her on March 12, 2014 and August 3, 2015, respectively. Four years later, Defendant brought the instant Motion to Vacate Default and Default Judgment (the “Motion”) under CCP § 473(d). Plaintiff filed an Opposition on August 21. Defendant filed a Reply on August 27. Plaintiff then filed an Objection to evide...

Excerpt: ...Vaquedano (“Defendant”). Defendant filed his Answer on May 10, 2019 and Proposed Intervenor Enterprise Rent-A-Car, LLC (“Enterprise”), on behalf of EAN Holdings, LLC filed the instant Motion to Intervene on September 25, 2019. To date, no opposition has been filed. The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed when “[t]he person seeking intervention claims an interest relating to the...

Excerpt: ...NIED AS TO THE SECOND CAUSE OF ACTION FOR COMMON COUNTS. THE COURT WILL NOT CONSIDER DEFENDANTS' REQUEST FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7 AT THIS TIME. ANALYSIS: Plaintiff Raj Champaneri (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Overland Pacific & Cutler LLC, Nevada Department of Transportation (“NDOT”), Kristina Swallow, Cole Mortensen, Jessica Biggin...