Excerpt: ...Enterprise Rent-A-Car Company of Los Angeles, LLC for general negligence and motor vehicle negligence. On September 4, 2020, Defendant Lopez filed his answer to the complaint. On November 5, 2020, Defendant Lopez filed the instant motion to transfer venue to Riverside County. Thereafter, Plaintiff filed opposition papers on January 26, 2021. In response, Defendant Lopez filed his reply on March 8, 2021. Analysis: I. Motion to Transfer Venue a. Le...

Excerpt: ...cause shown.” (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).) The motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310(b).) “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditi...

Excerpt: ...ode of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) ...

Excerpt: ...T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339 (Concepcion).) “To further that policy, Code of Civil Procedure, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the ...

Excerpt: ...t (“Defendant”) for negligence and premises liability relating to a slip and fall that occurred on January 24, 2018 at the premises of Cities Restaurant. Plaintiff alleges that she slipped on a puddle of liquid near the restrooms and fell as a result (Complaint at ¶¶11- 12; UMF 25.) She further alleges that there was no warning that there was a liquid on the floor and that the Defendant “knew, or in the exercise of reasonable care should ...

Excerpt: ...” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law...

Excerpt: ...tant action against Defendants Andreas Elsenhaus (“Defendant Elsenhaus”) and Lion Interior Design, Inc. (“Defendant Lion Interior”). The Court entered Defendant Elsenhaus' default on February 22, 2017. On January 16, 2018, the Court noted that Defendant Lion Interior had not yet been served and set an Order to Show Cause regarding Failure to File Proof of Service and Failure to File Default Judgment for April 16, 2018. Following service o...

Excerpt: ...efendant”) asserting a cause of action for premises liability. On July 07, 2020, Defendant filed an answer to the complaint. On February 11, 2021, Plaintiff filed the present motion to quash. Thereafter, on February 24, 2021, Defendant filed its opposition to the motion, and on March 02, 2021, Plaintiff filed her reply. ANALYSIS: I. Legal Standard A copy of a subpoena for business records must be served on all other parties who have appeared in...

Excerpt: ... is DEEMED MOOT AS TO THE REQUEST COMPELLING FURTHER RESPONSES TO THE REQUESTS FOR ADMISSION AND GRANTED AS TO THE REQUEST FOR SANCTIONS FOR THE SAME. SANCTIONS OF $810.00 ARE AWARDED JOINTLY AND SEVERALLY AGAINST PLAINTIFF AND COUNSEL OF RECORD, TO BE PAID TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE HEARING IS CONTINUED TO MAY 19, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE TO ADDRESS SANCTIONS AS TO THE A...

Excerpt: ...he Plaintiff's vehicle, proximately causing injuries and damages to Plaintiff. Plaintiff alleges one cause of action for negligence against Defendants Jeffrey Robert Larson, BCI Coca-Cola Bottling Company of Los Angeles LLC, Reyes Coca-Cola Bottling, L.L.C. Plaintiff moves to amend the complaint to add a prayer for punitive damages against Defendants. Plaintiff asserts that Defendants' engaged in false record keeping concerning time on and off du...

Excerpt: ...on for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and �...

Excerpt: ...t on Sister State Judgment. The Court entered judgment the same day against Judgment Debtor Maria Josielyne Dy Angeles (“Judgment Debtor”). On August 22, 2019, Judgment Debtor filed a Motion to Vacate Sister State Judgment (“the Motion to Vacate”), which came for hearing on October 23, 2019. At the initial hearing, the Court continued the matter upon finding that the Motion to Vacate was improperly served on Judgment Creditor in violation...

Excerpt: ...tively, Respondents”) on November 4, 2020. The Petition seeks to confirm the arbitration award issued on September 15, 2020 in favor of Petitioner requiring expungement of all references to a certain customer dispute information maintained by the Central Registration Depository (“CRD”). (Pet., Exh. 1.) On December 7, 2020, Petitioner filed a notice of non‐opposition. To date, no opposition has been filed. Discussion “Any party to an arb...

Excerpt: ...Office of Matthew P. Fletcher (“Judgment Debtor Law Office”) on January 5, 2015. On March 23, 2017, the Court entered judgment in favor of Judgment Creditor; a first amended judgment was entered on October 27, 2017. On December 28, 2017, the Court entered a second amended judgment to change Judgment Debtor Law Office's name to “Law Office of Matthew P. Fletcher, a Professional Law Corporation.” Judgment Creditor filed the instant Motion t...

Excerpt: ... Complaint in this action against Defendants Ellis Law Corporation (“Defendant”) and Andrew L. Ellis, Esq., who was dismissed on December 16, 2020. The Complaint alleges causes of action for (1) breach of contract; (2) breach of fiduciary duty; (3) conversion; (4) violation of Cal. Business & Professions Code § 17200; and (5) intentional interference with contractual relations. Defendant filed the instant Demurrer to the Complaint on Februar...

Excerpt: ...WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $810.00 WITHIN 20 DAYS' SERVICE OF THIS ORDER. Plaintiff Nussbaum, APC's Motion for Order Compelling Defendant's Further Responses to Requests for Admission and Request for Sanctions is GRANTED AS TO REQUEST NOS. 1-5, 7-11. DEFENDANT IS TO SERVE FURTHER RESPONSES WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL ...

Excerpt: ...y Moncrief (“Defendants”). Plaintiff is an assignee of Gorilla Corporation dba Bullet Restoration (“Gorilla”), who allegedly provided labor, materials, and services to Defendants' real property. (Compl. ¶¶ 7, 10.) On December 13, 2018, the Court granted Defendants' motion to compel arbitration and awarded Defendants attorney's fees of $4,125.00. (Minute Order, 12/13/18.) An order reflecting the December 13, 2018 was signed by the Court ...

Excerpt: ...ually and in their capacity as trustees under the Trust Agreement Entered into between George S. Stern and Adele R. Stern dated February 27, 1985 (“Stern Defendants”) and Miguel Angel Martinez Velasco (“Defendant Velasco”) on December 5, 2019. On August 11, 2020, Defendant Velasco filed the instant Motion for Judgment on the Pleadings (“the Motion”). The Stern Defendants filed a Notice of Joinder in the Motion on August 25, 2020. To d...

Excerpt: ...T PARAGRAPHS 43, 50, 56, 66, 76, 87 AND p. 14:18, AND DENIED AS TO THE REQUEST FOR ATTORNEY FEES. ANALYSIS: On August 7, 2020, Plaintiffs Priyanka Sharma and Nathanael Cade (“Plaintiffs”) filed the Complaint in this action against Defendant Minnie L. Douglas (“Defendant”). Defendant filed a demurrer to the Complaint on October 9, 2020. On October 13, 2020, Plaintiffs filed the operative First Amended Complaint, which alleges causes of act...

Excerpt: ...Tara Moore (“Defendants”). The Complaint alleges causes of action for (1) breach of contract; (2) conversion; (3) fraud; (4) negligent misrepresentation; (5) unjust enrichment; and (6) unfair business practices. Defendants filed the instant Demurrer to the Complaint on December 16, 2020. Plaintiff filed an opposition on February 17, 2021 and Defendants replied on February 19, 2021. Discussion The Demurrer is accompanied by a meet and confer d...

Excerpt: ...the dismissal was served on both parties the same date. On November 13, 2019, the parties filed a stipulation and order to vacate the dismissal. On February 24, 2020, the stipulation was denied. It does not appear that notice of the denial was provided to the parties. Plaintiff filed the instant Motion to Vacate Dismissal on September 17, 2020. On September 17, 2019, Plaintiff's counsel file the instant motion adding that at no time was Plaintiff...

Excerpt: ...UCTION OF DOCUMENTS. DEFENDANT PABLO JIMENEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT PAY SANCTIONS OF $247.50 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO APRIL 29, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEA...

Excerpt: ...n Granados on January 17, 2018 and trial was initially set for October 18, 2019. On December 2, 2018, Defendants filed an Answer. On June 25, 2019, the parties stipulated to continue the trial, as well as pre-trial deadlines, to October 18, 2019. On July 3, 2019, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendants. On October 17, 2019, the parties once again stipulated to continue the trial to April 18,...

Excerpt: ...��Plaintiff”) filed the Complaint in this action for (1) breach of contract; (2) common counts; and (3) fraud against Defendant Feliciano A. Serrano, II (“Defendant”). Defendant filed the instant Demurrer and Motion to Strike Portions of the Complaint on November 23, 2020. Plaintiff filed oppositions on February 10, 2021 and Defendant filed replies on February 18, 2021. Demurrer The Court finds that the Demurrer is accompanied by a meet and...

Excerpt: ...eadows Homeowners Association (“Plaintiff”) and against Defendants Boniface C. Nwagbo and Jane Doe Nwagbo (“Defendants”) in Case No. CV2012-0471. The default judgment was entered in the principal sum of $2,261.10, attorney's fees in the amount of $1,100.00, and costs in the amount of $518.49. (Motion, RJN, Exh. 2.) On April 14, 2017, this Court entered judgment based on the sister-state judgment in Case No. CV2012-0471. On June 12, 2018, ...