Excerpt: ...reach of contract against Defendant Michael James Porteous (“Defendant”). When Defendant failed to file a responsive pleading, Plaintiff obtained entry of default on April 28, 2020. On June 9, 2020, Defendant filed the instant (1) Motion to Vacate Entry of Default and any Default Judgment; and (2) Motion to Quash Service of the Summons and Complaint. To date, no opposition has been filed. Discussion Defendant moves to vacate the entry of defa...

Excerpt: ...ct against Defendants Pedro Rodriguez (“Defendant Pedro”), Lilia Rodriguez (now Lilia V. Huber) (“Defendant Lilia”) and Just In Time Transportation. Proof of service of the Summons and Complaint was filed on January 14, 2019. When Defendants failed to answer the Complaint, Plaintiff entered their default and default judgment on February 24, 2009 and August 10, 2009, respectively. The judgment was renewed on July 22, 2019. Proof of service...

Excerpt: ... to Exclude Plaintiff's Testimony at Trial on May 22, 2020. Plaintiff filed an opposition on September 1, 2020 and Defendant replied on September 3, 2020. Discussion The Motion is brought pursuant to Cal. Evidence Code sections 402, 701 and 702. Section 402 provides that “[t]he court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury.” (Cal. Evid. Code, § 402, subd. (b).) To the ex...

Excerpt: ...rporation (“Plaintiff' or “Cross-Complainant”) filed the instant action for breach of contract and fraud against Defendants Imani Gabriele Grimes and Katherina Belinda Bell (“Defendant”) on June 9, 2017. The Complaint alleges that Defendant Grimes breached the motor vehicle purchase agreement (“the Contract”) assigned to Plaintiff by failing to make payment on the motor vehicle on or about April 22, 2017 as required under its terms....

Excerpt: ...ding foreclosure of mechanic's lien against Defendant Tracey Rene Washington (“Cross-Complainant”) on January 7, 2020. On March 2, 2020, Cross-Complainant filed a Cross-Complaint, then filed a First Amended Complaint on April 17, 2020. The First Amended Cross-Complaint makes claims for (1) breach of contract; (2) good faith and fair dealing; (3) slander of title; (4) recovery on license bond; and (5) declaratory relief against Cross-Defendant...

Excerpt: ...ed Cross-Complaint. More than a year later, on December 18, 2019, the Court denied Cross-Complainant's ex parte application to transfer the action to a court of unlimited jurisdiction. (Minute Order, 12/18/19.) The Court also ruled that Cross-Complainant could file a notice motion to reclassify. Cross-Complainant filed the instant Motion to Transfer / Reclassify (the “Motion”) on February 3, 2020. Cross-Defendant filed an opposition on July 2...

Excerpt: ...Y ORDERED TO PAY SANCTIONS OF $535.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Gerald Crosby (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendants The Burbank Hotel, LLC (“Defendant The Burbank Hotel”) and Mark Crigler on January 29, 2020. On April 27, 2020, Plaintiff filed an amendment to the Complaint adding J.P. Allen, Inc. as a defendant. On May 13, 2020...

Excerpt: ...st 20, 2019. (Pet., ¶9 and Exh. 5.) On October 3, 2019, Petitioner Brownhouse Construction (“Petitioner”) timely filed the instant Petition to Vacate Arbitration Award against Respondent Joseph Hakimpour (“Respondent”). Petitioner filed a supplemental declaration in support of the Petition on January 14, 2020. With leave of Court, Respondent filed a late opposition on January 17, 2020 and Petitioner replied on January 31, 2020. At the in...

Excerpt: ... 11, 2020. On April 10, 2020, Defendant filed the instant Demurrer to the Complaint. The day before the August 11, 2020 hearing on Demurrer, Plaintiff filed an opposition. At the hearing the Court continued the matter to September 10, 2020 to allow Plaintiff to obtain counsel and concurrently set an Order to Show Cause regarding representation. (Minute Order, 8/11/20.) The Court also ordered that “[t]he amended complaint addressing deficiencies...

Excerpt: ...ia-Ocampo and Jose A. Ramirez-Martinez (“Plaintiffs”) filed this action for violation of consumer rights and for unfair business practices against Defendants Westlake Services, LLC dba Westlake Financial Services (“Westlake”) and Great American Insurance Company (“GAIC”) (collectively, “Defendants”). This action arises from a dispute over Plaintiffs' purchase of a used vehicle, namely a 2013 Nissan Sentra. (Compl., ¶16.) Accordin...

Excerpt: ... 2019, Plaintiff Enrique M. Mendoza (“Plaintiff”) filed the Complaint in this action for (1) breach of contract; and (2) fraud against Defendant Bertha Castillo (“Defendant”). On November 27, 2019, Defendant filed the instant Demurrer and Motion to Strike the Complaint. Plaintiff filed a joint opposition on January 15, 2020 and Defendant filed a joint reply on January 21, 2020 (refiled on September 2, 2020). Demurrer The Court finds that ...

Excerpt: ...n March 22, 2018, the Court entered an amended judgment in Plaintiff's favor. On September 20, 2018, the Court denied Plaintiff's Motion for Attorney's Fees as untimely but ruled that relief was possible under Code of Civil Procedure section 473, subdivision (b). On October 18, 2018, Plaintiff filed a Motion for Relief from Denial of Motion for Attorney's Fees. The matter came for hearing on February 21, 2019, at which time Plaintiff failed to ap...

Excerpt: ...t Sychev”), and Planet Bouncy, LLC (“Defendant”) on April 9, 2018. Following their failure to file a responsive pleading, the court entered default against Defendants Sychev and Planet Bouncy, LLC on June 18, 2019 and default judgment on September 27, 2019. Defendant Sychev filed the instant Motion to Vacate Default and Default Judgment and Quash Service of Summons on November 19, 2019. Plaintiff filed its opposition on January 6, 2020 and ...

Excerpt: ... Portions of the First Amended Complaint is GRANTED WITH 20 DAYS' LEAVE TO AMEND. ANALYSIS: On September 19, 2019, Plaintiff Justin McClain (“Plaintiff”) filed this action for (1) negligent maintenance; (2) nuisance; and (3) breach of habitability against Defendant Shafi Babu-Khan (“Babu-Khan”). On October 3, 2019, Plaintiff filed the First Amended Complaint alleging the same causes of action and adding Defendants N. McCadded Pl, LLC (“...

Excerpt: ...fell on a sidewalk located on 1730 W. 242nd Street. She first made a claim to the City of Lomita. (Second Amended Complaint (“SAC”), Ex. 1.) The claim was rejected on March 21, 2019. The rejection letter stated that the sidewalk at 1430 W. 242nd Place was in Torrance and advised Plaintiff to file a claim with Torrance. (SAC, Ex. 2.) Plaintiff then filed a claim with the City of Torrance on March 28, a week after receiving the City of Lomita's...

Excerpt: ...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. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of t...

Excerpt: ...nt Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on February 9, 2020. (Proof of Service, filed 2/13/20.) On March 10, 2020, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. The Motion initially came for hearing on June 30, 2020, at which time the Court continued the matter to allow Defendant to perfect service of the papers and submit supplemental papers. To date, no additional proof...

Excerpt: ...ny Agreement.” (Compl., ¶¶BC-1, BC-2 and CC-1.) On February 18, 2020, Defendant filed the instant Demurrer to the Complaint. The Demurrer was initially scheduled for March 17, 2020 but continued prior to hearing to August 31, 2020. To date, no opposition has been filed. Discussion The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Medeill Decl., �...

Excerpt: ...N FOR DECLARATORY RELIEF. ANALYSIS: On January 13, 2020, Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust filed the instant action against Trusted Hands Home Health Inc. and Armine Yengibaryan. On April 2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter...

Excerpt: ...itration Award (the “Petition”). The Petition initially came for hearing on January 13, 2020, at which time the Court found it to be procedurally and substantively defective. The Court continued the hearing to March 18, 2020 and ordered Petitioner to file and serve supplemental papers addressing the defects at least 16 court days prior to the new hearing date. On March 2, 2020, Petitioner filed an Amended Petition and proof of service. To dat...

Excerpt: ... OFF CALENDAR. ANALYSIS: On October 15, 2018, Plaintiff Yanette Arlene Enriquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Charles Michael Heldebrant (“Defendant”). On November 26, 2019, the Court denied Plaintiff's motion to reclassify the action to a court of unlimited jurisdiction. To the extent Plaintiff reserved a hearing for a second motion to reclassify, the hearing is placed off calendar....

Excerpt: ...fendant” or “LACMTA”). Specifically, the Complaint alleges that on November 6, 2016, a LACMTA bus rear-ended a vehicle in which Plaintiff was a passenger, causing him injury. (Compl., ¶GN-1.) On April 24, 2020, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on August 12, 2020 and Defendant replied on August 20, 2020. Legal Standard [A] defendant moving for summary judgment or summary adjudication “...

Excerpt: ...ntercommunity Care Center's (“Plaintiff”) challenge to a citation issued by Defendant California Department of Public Health (“Defendant”). 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 483.25(d)(1) and (2) and 22 California Code of Regulations section 72523(a). Plaintiff filed this action on February 6, 2019. On January 31, 202...

Excerpt: ...he Arbitration Award, the Court entered judgment in favor of Petitioner on January 23, 2009. On January 22, 2019, Sacor Financial (“Sacor”) sought to file an Acknowledgment of Assignment of Judgment and Application for Renewal of Judgment (“Assignment and Application”). (Motion, Scalia Decl., ¶4.) The filings were rejected due to errors regarding Sacor's name and address. (Notice of Rejection, dated 1/24/19.) Sacor did not receive notice...

Excerpt: ...ollowing Defendant's failure to file a responsive pleading, the court entered his default on July 18, 2019. Defendant filed the instant Motion to Vacate Default on April 9, 2020. Plaintiff filed an opposition on April 23, 2020. Discussion CCP § 473(d) The Motion is first brought pursuant to Code of Civil Procedure section 473, subdivision (d), under which “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473,...