Excerpt: ...t filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“the Motion”) on March 10, 2021. Plaintiff filed an opposition on April 19, 2021. Legal Standard A defendant seeking summary judgment must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff is under...

Excerpt: ... ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Julia Delgadillo (“Defendant”) on May 2, 2018. On October 23, 2019, Plaintiff filed a Notice of Settlement. On December 27, 2019, Plaintiff filed a copy of the parties' stipulated settlement agreement with a request to dismiss the action pursuant to Code of Civil Procedure section 664.6. T...

Excerpt: ...Mohammad Bhola and Jane Doe Bhola, whose true name is Malika Bhola (“Judgment Debtors”) on January 17, 2019. The Court entered judgment in the total amount of $5,996.18 the same day. On March 4, 2020, the Court granted Judgment Creditor's motion to amend the judgment to reflect the correct amount of attorney's fees and costs awarded in the Sister State judgment. The amended judgment was signed on September 24, 2020. Judgment Creditor filed th...

Excerpt: ...August 13, 2020. When Defendant failed to respond to the Complaint, Plaintiff obtained entry of default on October 14, 2020. Following the parties' stipulation to set aside the entry of default, Defendant filed the instant Demurrer to the Complaint on April 13, 2021. Plaintiff filed an opposition on May 13, 2021. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurre...

Excerpt: ...Respondent Delmy Jovel (“Respondent”) on January 8, 2021. 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 Civ...

Excerpt: ...D ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $472.00 TO DEFENSE COUNSEL. ANALYSIS: Plaintiff Katrina McKinney (“Plaintiff”) filed the instant action for premises liability against Defendant Five Below, Inc. (“Defendant”) on March 30, 2020. On July 21, 2020, the case was reassigned from an unlimited jurisdiction court to the limited jurisdiction court. (Minute Order, 07/21/20.) On March 11, 2021, the Court granted Defendant's mo...

Excerpt: ... August 6, 2018. Following Defendant's default, the Court entered default judgment against Defendant on October 31, 2019. On August 24, 2020, Plaintiff filed its first memorandum of costs after judgment. Plaintiff filed an application for judgment debtor examination, which was continued from October 27, 2020 to March 1, 2021. Upon Defendant's filing of a claim of exemption, the Court partly granted Defendant's claim on January 14, 2021. (Minute O...

Excerpt: ...��Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Gizzelle Andrea Becerra and Beartha Deanda Becerra (“Defendants”) on September 25, 2019. On February 2, 2021, the Court granted Defendants' motion to compel Plaintiff's responses to form interrogatories, set two, and award monetary sanctions. (Minute Order, 02/02/21.) Defendant filed the instant Motion for Terminating Sanctions and Monetary Sanctions on A...

Excerpt: ...WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER ANALYSIS: Petitioner GEICO Indemnity Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Allstate Indemnity Company (“Respondent”) on November 12, 2020. At the initial hearing on March 18, 2021, the matter was continued to provide for proper service of the Petition. To date, no opposition has been filed. Legal Standard Per Code of Civil Procedure section 1285, ...

Excerpt: ...-ARBITRATION STATUS CONFERENCE IS SET FOR NOVEMBER 20, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff The Law Offices of Larry H. Parker, Inc. (“Plaintiff”) filed the instant action for breach of retainer agreement and common counts against Defendants Israel Rendon and Karla Casillas on October 30, 2020. Following their failure to respond, the Court entered default against Defendants on March 18, 2021. ...

Excerpt: ...fendant Pedro Candelario Arzu is filed stamped February 11, 2020. Defendant was personally served with the Complaint on February 21, 2021. (Proof of Service, filed 03/24/21, ¶5.) On April 19, 2021, Defendant filed the instant Demurrer to the Complaint. Plaintiffs filed an opposition on May 6, 2021 and Defendant replied on May 12, 2021. Discussion Defendant's Meet and Confer Effort Concurrent with the filing of the Demurrer, Defendant filed a Dec...

Excerpt: ...breach of contract and breach of the covenant of good faith and fair dealing against Defendants Anthony Hames (“Defendant Hames”) and Felton Buckholtz (“Defendant Buckholtz”) (collectively, “Defendants”) on October 16, 2019. On February 14, 2020, Plaintiff filed a Motion to Compel Responses to Demand for Inspection and Form Interrogatories (“the Motion to Compel”). The Motion to Compel was initially set for hearing on March 19, 20...

Excerpt: ... December 5, 2017. Plaintiff filed the instant Motion for Summary Judgment on December 26, 2018. Defendant filed an opposition on February 26, 2019. On February 27, 2019, the trial court vacated the hearing date on the Motion. On June 6, 2019, the action was transferred to the limited jurisdiction court, Department 94, in the Stanley Mosk Courthouse. The action was then transferred to Department 26 of the Spring Street Courthouse on November 30, ...

Excerpt: ...ENDANTS ARE TO FILE A MEET AND CONFER DECLARATION DEMONSTRATING COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTIONS 430.41 AND 435.5. FAILURE TO DO SO MAY RESULT IN THE DEMURRER AND MOTION TO STRIKE BEING PLACEDANALYSIS: On January 11, 2021, Plaintiff American Health Capital d/b/a American Healthcare Capital (“Plaintiff”) filed the Complaint in this action against Defendants Spotlight Group Agency (“Defendant SGA”), Susan Douglas and Candis ...

Excerpt: ...TION PURSUANT TO CAL. RULES OF COURT, RULE 3.1702. RESPONDENTS ARE TO FILE A PROPOSED JUDGMENT WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: On November 3, 2020, Petitioner Greentek Construction, Inc. (“Petitioner”) filed the instant Petition to Correct Arbitration Award against Respondents Joseph Correa and Margaret Correa (“Respondents”). Respondents filed a response to the Petition on December 14, 2020 and Petitioner filed a r...

Excerpt: ...nel Patterson (“Plaintiff Patterson”) filed the instant action for motor vehicle negligence against Defendant Sonia Garcia (“Defendant”) on September 15, 2017. On September 10, 2019, the Court granted Defendant's motions to compel Plaintiff Patterson's responses to supplemental interrogatories and request for production of documents. (Minute Order, 09/10/19.) Defendant filed the instant Motion for Terminating Sanctions and Monetary Sancti...

Excerpt: ... 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: ...��Defendant Zee Law”) on October 21, 2016. The only cause of action alleged against Defendant Zee Law in the Complaint is the first cause of action for violation of Civil Code section 1788, et seq. under the Rosenthal Act. On August 18, 2020, Defendant Zee Law's Motion for Judgment on the Pleadings came for hearing. The Court took the matter under submission and issued a ruling granting Defendant Zee Law judgment on the pleadings without leave ...

Excerpt: ...019, the Court overruled Defendant's demurrer to the Complaint. On the same date, the case was reassigned from Department 43 of the Chatsworth Courthouse to the Department 94 of the Stanley Mosk Courthouse. On April 29, 2019, Defendant filed an Answer to the Complaint. On January 27, 2021, Defendant filed a Motion for Leave to File Amended Answer, which came for hearing on April 14, 2021. The Court continued the hearing to May 11, 2021 to allow P...

Excerpt: ... (“Defendant”) on September 18, 2018. On April 29, 2019, Defendant filed an Answer to the Complaint. On January 27, 2021, Defendant filed the instant Motion for Leave to File Amended Answer (the “Motion”). The Motion initially came for hearing on April 14, 2021 at which time the Court was inclined to grant leave to amend. (Minute Order, 04/14/21.) However, the Court instructed Defendant to file a declaration in compliance with California ...

Excerpt: .... (“Mack”), Kristina Klam (“Klam”), William Burke (“Burke”), Thomas J. Holthus (“Holthus”), and McCarthy & Holthus, LLP (“M&H”) (collectively, “Defendants”). On September 11, 2019, Defendant Mack filed a Cross-Complaint against Defendants Burke, Holthus, Klam, M&H, and O'Hare & Greco (“O'Hare”) for indemnification, apportionment of fault, declaratory relief, breach of contract, and negligence. Defendant/Cross Complaina...

Excerpt: ...020, the Court found Petitioners had failed to demonstrate proper service of the Petition, Notice of Hearing, or Arbitration Award. (Minute Order, 10/07/20.) The Court continued the hearing to allow Petitioners to demonstrate service of the papers as required by law. Petitioners filed a proof of service by mail on December 17, 2020. At the second hearing on January 13, 2021, the Court again found service had not been properly effectuated. The hea...

Excerpt: ...“Plaintiff”) filed the instant action against Defendant Ford Motor Company (“Defendant”). Plaintiff filed the operative Third Amended Complaint on September 5, 2019. The Third Amended Complaint broadly alleges that Plaintiff owned 1996 and 1999 Ford Rangers, both of which caught fire under the hood and were destroyed. (TAC, p. 2:8-10.) Plaintiff alleges he believes the fires were the result of a manufacturing or design defect. (Id. at p. ...

Excerpt: ...Soko (U.S.A.), Inc. (“Defendant Mitsui-Soko”) on June 6, 2018. The case was originally filed in an unlimited jurisdiction court. Plaintiff filed a First Amended Complaint on August 3, 2018. On September 28, 2018, Defendant TMX filed a Cross-Complaint against Plaintiff for breach of contract, conversion and negligence. Plaintiff dismissed Defendant Mitsui-Soko on February 28, 2019. On January 7, 2021, the case was reclassified to the limited j...

Excerpt: ...TO AMEND AS TO PARAGRAPHS 32, 33, 43 AND 63 OF THE FIRST AMENDED COMPLAINT AND DENIED AS TO PARAGRAPH 44. DEFENDANT ESSEX PROPERTY TRUST, INC. IS TO FILE AN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. Defendant Essex Property Trust, Inc.'s Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE FIRST AND FIFTH CAUSES OF ACTION, AND OVERRULED AS TO THE SECOND CAUSE OF ACTION. Def...

Excerpt: ...t Gilbert (“Cross- Defendant”). Cross-Complainant then filed the First Amended Cross-Complaint on January 28, 2021. On March 11, 2021, Cross-Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the First Amended Cross-Complaint. Cross-Complainant filed oppositions on April 23, 2021 and Cross- Defendant replied on April 28, 2021. Discussion The Court finds there are procedural issues that should be addressed prior to ruli...

Excerpt: ...anley Henry, Gaynelle Henry, Melville Apartments, and the Henry Family Trust (collectively, “Defendants”). Plaintiff filed a Second Amended Complaint on March 16, 2020 alleging causes of action for (1) conversion; (2) intentional misrepresentation; (3) violation of Cal. Civil Code § 1950.05, et seq.; (4) breach of implied covenant of good faith and fair dealing; and (5) negligent infliction of emotional distress. On August 10, 2020, the Cour...

Excerpt: ...ROPER MATTER. ANALYSIS: On April 16, 2020, Plaintiff Alan Blake Eliel (“Plaintiff”) filed the Complaint in this action against Defendant Ronald Stein (“Defendant'). Following the filing of Defendant's demurrer to and motion to strike the Complaint, Plaintiff filed the First Amended Complaint on March 24, 2021. The First Amended Complaint alleges causes of action for: (1) negligence; (2) strict liability based on common law; (3) strict liabi...

Excerpt: ...e 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 “Cross-Defendants”). On August 27, 2020, the Court sustained Cross-Defendants' demurr...

Excerpt: ... CENTRAL REGISTRATION DEPOSITORY (“CRD”) FOR PETITIONER ISIDRO MIRAMONTES. PETITIONER IS TO FILE A PROPOSED ORDER CONFIRMING THE ARBITRATION AWARD WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: Petitioner Isidro Miramontes (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Morgan Stanley & Co., LLC (“Respondent Morgan Stanley”) and Financial Industry Regulatory Authority ...

Excerpt: ...LYSIS: On January 12, 2021, Plaintiff Pyro-Comm Systems, Inc. (“Plaintiff”) filed the instant action for (1) breach of contract; (2) work, labor and materials/agreed price; (3) open-book account; (4) account stated; (5) reasonable value/work labor and services; and (6) foreclosure of mechanic's lien against Defendants JSK Tech, Inc. dba KSJ Design Build (“Defendant JSK”), Jane Woo aka Jae Woo (“Defendant Woo”) and PCH Property, LLC (�...

Excerpt: ...A FIRST AMENDED COMPLAINT WITHIN 20 DAYS' SERVICE OF THIS ORDER. Defendant Los Angeles Metropolitan Transportation Authority's Motion to Strike Portions of the Complaint is PLACED OFF CALENDAR. ANALYSIS: Plaintiff Nicole Jackson (“Plaintiff”) filed the Complaint in this action for intentional tort and general negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) on July 22, 2020. Proof of serv...

Excerpt: ...TTORNEY'S FEES AND COSTS IS DENIED. THE REQUEST FOR INTEREST IS GRANTED AT A RATE OF TEN (10) PERCENT PER ANNUM FROM MARCH 4, 2018. ANALYSIS: On August 7, 2018, Plaintiffs Aleksandr Zeltser and Yelena Zeltser (collectively “Plaintiffs”) filed the instant action against Defendant We Rock The Spectrum, LLC (“Defendant”), asserting causes of action for breach of written agreement and breach of the implied covenant of good faith and fair deal...

Excerpt: ...r breach of contract against Defendant Corey Cofield (“Defendant”). Defendant filed a demurrer on March 4, 2021 and an Amended Notice of Demurrer and Demurrer on March 10, 2021. No opposition has been filed to date. 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, Ibisi Decl., ¶3 and Exh. B.) Defense counsel sent Plaintiff a meet and...

Excerpt: ... Sanctions is CONTINUED TO MAY 18, 2021 AT __10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST TEN (10) COURT DAYS PRIOR TO THE HEARING, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL BRIEFING REGARDING THE OUTSTANDING DISCOVERY REQUESTS. NO FURTHER BRIEFING IS PERMITTED. ANALYSIS: Plaintiff Simeon Thompson (“Plaintiff”) filed the instant action for breach of contract and breach of the covenant of good faith and fair dealing ag...

Excerpt: ...MBER 1, 2019. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Atapana Faliu (“Defendant”) on February 13, 2019. On December 23, 2019, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The request for dismissal with retention ...

Excerpt: ... 20 DAYS' SERVICE OF THIS ORDER ANALYSIS: On January 6, 2021, Plaintiff Cesar Heras (“Plaintiff”) filed the Complaint in this action against Defendant Glenn Building Services, Inc. (“Defendant”). The Complaint alleges causes of action for (1) Employment Discrimination in Violation of the California Fair Employment and Housing Act and Government Code § 12940(a) (disparate treatment); (2) Employment Discrimination in Violation of Governmen...

Excerpt: ...WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT ROBERT CLIPPINGER PAY SANCTIONS OF $250.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT MAKES NO RULING ON THE REMAINING REQUESTS FOR DISCOVERY ORDERS AT THIS TIME. ANALYSIS: Plaintiff AAble Securities, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendants Robert Clippinger (“Defendant Clippinger”) and C...

Excerpt: ...r”) and against Paul Bickenbach (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2020. Petitioner filed a proof of service of the Summons, Petition and Notice of Hearing on October 20, 2020 (this was refiled on November 23, 2020). The Petition initially came for hearing on October 26, 2020, at which time the Court continued the matter to January 25, 2021. Prior to the new he...

Excerpt: ...When Defendant failed to file a responsive pleading, Plaintiff obtained entry of default on June 27, 2011 and default judgment on August 4, 2011. On January 4, 2021, Defendant filed the instant Motion to Vacate Default and Default Judgment and to Quash Service of the Summons and Complaint. Plaintiff filed an opposition on February 8, 2021 and Defendant replied on March 25, 2021. Discussion Defendant moves to vacate the entry of default and defaul...

Excerpt: ...RANCE FEES AND RESERVATION OF A HEARING DATE. DEFENDANT RAYMOND GHERMEZIAN, ESQ. IS TO FILE A RESPONSIVE PLEADING WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: On July 10, 2021, Plaintiff High Desert Medical Office, Inc. (“Plaintiff”) filed the Complaint in this action for breach of contract and related claims against Defendants Raymond Ghermezian, Esq. (“Defendant Ghermezian”) and Raymond Ghermezian, A Professional Law Corporati...

Excerpt: ... Montana Homeowners Association (“Plaintiff”) and against Defendant Laura M. Gomez (“Defendant”) in Case No. CC2010-075338. The default judgment was entered in the principal sum of $1,503.86, attorney's fees of $580.00, and costs of $278.00. (Motion, RJN, Exh. 2.) On August 10, 2018, this Court entered judgment based on the sister-state judgment in Case No. CC2010-075338. Plaintiff filed the instant Motion for Award of Attorney's Fees and...

Excerpt: ... AND LOST PROFITS. 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 (“N. McCadded Pl”) and Babu-Khan Enterprises, Inc. (“Babu-Kha...

Excerpt: ...Trial (“the Motion to Exclude”) on May 22, 2020. On September 14, 2020, Plaintiff filed the instant Motion for Sanctions (“the Motion for Sanctions”). On September 15, 2020, the Court denied the Motion to Exclude. Defendant filed an opposition to the Motion for Sanctions on March 23, 2021 and Plaintiff replied on March 29, 2021. Discussion Plaintiff moves for sanctions against Defendant pursuant to Code of Civil Procedure section 128.5. U...

Excerpt: ... Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Fernando Antonio Gutierrez (“Defendant”) on March 29, 2016. On December 15, 2017, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court dismissed the action pursuant to the stipulation on the same date. On November 17, ...

Excerpt: ...ervice by publication and Plaintiff filed proof of service by publication on May 26, 2020. Following Defendant's failure to respond to the Complaint, the Court entered her default on July 1, 2020. Defendant filed a Motion to Vacate Default on July 28, 2020. Default judgment was then entered against Defendant on September 2, 2020 and the hearing date on the Motion to Vacate Default was placed off calendar. Defendant filed the instant Motion to Vac...

Excerpt: ... OF THE RECLASSIFICATION FEE, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT ANALYSIS: On March 6, 2020, Plaintiff Stephanie Garcia (“Plaintiff”) filed the instant action for premises liability against Defendant Urban Outfitters West LLC (erroneously sued as FreePeopleCom LLC and Urban Outfitters, Inc.) (“Defendant”). ...

Excerpt: ...N THE PETITION BEING PLACED OFF CALENDAR OR DENIED. ANALYSIS: Petitioner EPR Recruiting, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Centec Security Systems, Inc. (“Respondent”) on November 24, 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 ...

Excerpt: .... Following the failure to respond, the Court entered default against Defendants on June 4, 2020. Defendant Berhe, purporting to do business as Grand Prize Liquor (“Defendant”), filed the instant Motion to Vacate Default on January 15, 2021. Default judgment was then entered against Defendant on February 16, 2021. Plaintiff filed an opposition to the Motion to Vacate on March 17, 2021. Discussion Defendant moves for relief from the default pu...

Excerpt: ...way Consultancy Firm (“Plaintiffs”) filed the instant action for breach of lease agreement and common counts against Defendants David Lilly and Low Cost Legal Documents, Inc. (“Defendants”). On November 4, 2019, Plaintiffs filed a First Amended Complaint for (1) breach of contract; (2) unjust enrichment; (3) tortious interference with business relationship; (4) interference with prospective economic advantage; and (5) trespass on business...