Excerpt: ...filed this action against Defendants ABM Industry Groups, LLC, Oscar Rodas Quijada and Saks Beverly Hills, LLC (“Defendants”) for motor vehicle negligence. On August 21, 2020, Defendants cross- complained for motor vehicle negligence. On November 3, 2020, Defendants ABM and Quijada (“Moving Defendants”) filed the instant Motion to Compel Further Responses to Requests for Admission and Request for Sanctions. Plaintiff filed an opposition o...

Excerpt: ...roposed order within ten (10) days' service of this order. ANALYSIS: Petitioner California Department of Tax and Fee Administration (“Petitioner') filed the instant Petition for Determination of Third Party Claim on August 27, 2020 against Respondents ATM Professional, Inc. and Michael Zargar (“Claimants”). On October 2, 2020, Petitioner filed Notice of Hearing and Proof of Service. On October 29, 2020, Petitioner filed a Notice of Acknowle...

Excerpt: ...Defendant's failure to file a responsive pleading, the court entered his default on August 23, 2018 and default judgment on May 15, 2019. Defendant filed a Motion to Vacate Default and Default Judgment on October 31, 2019 (“the first Motion”). On January 9, 2020, the Court denied the first Motion but provided for the possibility of a re- filed motion to vacate. On March 9, 2020, Defendant filed the instant Renewed Motion to Vacate Default and...

Excerpt: ...iguez, Sr., Rebecca Rodriguez, Ramon Gonzalez, and Jorge Rodriguez, Jr. aka George Rodriguez (“Respondents”) on September 16, 2020. Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondents from continuing violation of the rules of Petitioner's Mobile Home Park, Sunset Gardens-West Mobilehome Park (“the Park), as follows: (1) Respondents shall remove all improperly stored items from around the Premises and pr...

Excerpt: ...y Judgment (“the Motion”). On stipulation of the parties, the case was reassigned from Department 43 of the Chatsworth Courthouse to Limited Jurisdiction court (formerly Department 94 of the Stanley Mosk Courthouse). On November 24, 2020, Defendant filed an opposition to the Motion and Plaintiff replied on November 30, 2020. Discussion Evidentiary Objections Defendant's evidentiary objections to paragraphs 2-6 and 10-11 of the declaration of ...

Excerpt: ...ward against Ace USA Group (“Respondent”) on July 29, 2020. To date, no opposition has been filed. Legal Standard Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Per Code of C...

Excerpt: ...ioner”) and against Randy Rose (“Respondent”). On September 26, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Petition was initially set for hearing on January 30, 2020 but the hearing was continued prior to that date. At the initial hearing on September 3, 2020, the Court found Petitioner had not demonstrated proper notice of the Petition and Notice of Hearing. (Minute Order, 9/3/20.) Th...

Excerpt: ...2020. The Petition initially came for hearing on July 2, 2020 at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing or Arbitration Award. The Court continued the hearing and ordered Petitioner to file supplemental papers correcting the service defects. The Court also ordered Petitioner to give notice of the order and continued hearing date. On July 21, 2020, Petitioner filed proof of personal ser...

Excerpt: ...titioner”) filed the instant Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club (“Respondent”) on September 30, 2019. Respondent filed an Answer on January 23, 2020 and an opposition on February 3, 2020. On March 9, 2020, Petitioner filed its Reply. The Petition initially came for hearing on September 1, 2020 at which time it was contin...

Excerpt: ...�) on April 2, 2020. Plaintiff filed a First Amended Complaint on June 3, 2020. On June 17, 2020, Defendant filed the instant Motion to Compel Arbitration and Stay Proceeding, or in the alternative, Dismiss the Action. Plaintiff filed an opposition on October 16, 2020 and Defendant replied on October 22, 2020. Discussion Existence of an Arbitration Agreement The arbitration agreement invokes the Federal Arbitration Act and is governed by federal ...

Excerpt: ...btil's Motion to Strike Portions of the First Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: On May 27, 2020, Plaintiff Raymond Perez aka Law Offices Raymond Perez (“Plaintiff”) filed the instant action against Defendants Jennifer Mellon; Downtown L.A. Law Group, Farid Yaghoubtil (“Moving Defendants”) and State Farm Mutual Automobile Insurance Company. Plaintiff filed the First Amended Complaint alleging (1) declaratory re...

Excerpt: ...(“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jay Goldner and Denise Goldner, as Co-Trustees of the Goldner Intervivos Trust (“Respondents”) dated October 29, 1987 (“Respondents”) on January 23, 2020. To date, no opposition has been filed. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior c...

Excerpt: ...GATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE REQUESTS FOR ADMISSION ARE DEEMED ADMITTED AGAINST DEFENDANT LOPEZ. DEFENDANT LOPEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $425.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Doc...

Excerpt: ...“Defendants”) on August 12, 2016. On June 30, 2020, the Court granted Defendants' motions to compel Plaintiff's responses to written discovery. (Minute Order, 06/30/20.) The Court ordered Plaintiff to serve responses to the discovery within 20 days' notice of the order and to pay monetary sanctions within 30 days' notice of the order. (Ibid.) Notice of the ruling was served on Plaintiff on the same date. (Motion, Myers Decl., Exh. D.) To date...

Excerpt: ...wing, Inc. (“Respondent”) on April 16, 2020. To date, no opposition has been filed. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may co...

Excerpt: ...SED. ANALYSIS: On October 1, 2019, Plaintiff Anytime Rent A Car, Inc. filed the instant action against Defendants Nextgear Capital, Inc. (“Defendant NextGear”) Arrowhead General Insurance Agency Holding Corp. (“Defendant Arrowhead”) and YouZoom Insurance Services, Inc. (“Defendant YouZoom”). The Complaint alleges a single cause of action for breach of contract against Defendant NextGear and breach of implied-in-fact contract against D...

Excerpt: ...“Plaintiff') filed the instant action for breach of contract and common counts against Defendants California Legal Funding, LLC and Richard Moran (“Defendants”) on February 5, 2020. On June 29, 2020, Defendants filed the instant Motion for Dismissal and Sanctions Pursuant to Code of Civil Procedure section 128.7. Defendants concurrently filed the instant Demurrer to the Complaint. On October 2, 2020, Plaintiffs filed oppositions and Defenda...

Excerpt: ...Petition to Compel Arbitration against Respondents Liliana Arriaga Franco and Tizoc Valencia (“Respondents”) on January 2, 2020. The Petition initially came for hearing on July 15, 2020, at which time the Court found no proof of service of the Petition or notice of hearing had been filed. (Minute Order, 7/15/20.) The Court continued the hearing and ordered Petitioner to file proof of service in conformity with the statutory requirements. (Ibi...

Excerpt: ...on assessments against Defendant Jeffrey Foy (“Judgment Debtor”) on April 3, 2014. On April 17, 2015, the Court entered default judgment against Judgment Debtor in the amount of $6,484.80, $1,417.50 attorney fees and $587.12 costs. (Opp., Exh. 1.) On June 9, 2015, Judgment Creditor filed a Writ of Execution for the total judgment amount of $8,489.42, plus $25.00 for the cost of filing the Writ and daily interest of $2.33. (Opp., Exh. 2.) On A...

Excerpt: ...020. The Petition initially came for hearing on July 2, 2020 at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing or Arbitration Award. The Court continued the hearing and ordered Petitioner to file supplemental papers correcting the service defects. The Court also ordered Petitioner to give notice of the order and continued hearing date. On July 21, 2020, Petitioner filed proof of personal serv...

Excerpt: ... Bankers Insurance Company of Florida and Eric Romero (“Defendants”) for fraud, intentional tort and breach of contract with respect to withholding of benefits due under an insurance policy (“the Policy”). On June 29, 2020, Defendants filed the instant Demurrer to the Complaint. To date, no opposition has been filed. Discussion First, Defendants have not demonstrated Plaintiff was served with the notice of hearing as ordered by the Court....

Excerpt: ... of construction contract and related claims against Defendants AWI Builders, Inc., Great American Insurance Company and The Hanover Insurance Company (“Defendants”) on March 30, 2020. Defendants filed the instant Motion to Strike on June 29, 2020. To date, no opposition has been filed. Discussion As an initial matter, there is no proof of service of the notice of hearing on Plaintiff. The Court set the Motion to Strike for hearing on June 29...

Excerpt: ...tober 30, 2019. Defendant filed an opposition on January 27, 2020 and Plaintiff replied on January 30, 2020. Discussion Plaintiff alleges that Defendant entered into a contract with Plaintiff's assignor and now brings this action for (1) open book account for money owed for goods sold and delivered and/or services rendered; (2) account stated; and (3) breach of contract. The Complaint attaches a copy of the written agreement for linen and garment...

Excerpt: ...ction for motor vehicle negligence against Defendants William Baumgart (“Defendant Baumgart”) RJS Construction Supplies and RJS Demolition and Disposal (“Defendants”) on March 8, 2019. Defendant Baumgart filed the instant Motion for Summary Judgment, or in the alternative Summary Adjudication on May 4, 2020. Plaintiff filed an opposition on June 8, 2020 and Defendant Baumgart replied on September 28, 2020. Plaintiff filed a Motion for Lea...

Excerpt: ...filed the instant Motion for Summary Judgment against Plaintiff on March 30, 2020. Plaintiff filed an opposition on June 8, 2020. Discussion Plaintiff alleges his vehicle was damaged in a motor vehicle accident involving Defendants' box truck that occurred on April 13, 2017. (Compl., ¶¶2-10.) The Complaint alleges a single cause of action for negligence based on Defendant's truck being parked illegally in a no-parking zone with its unmarked lif...