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2024.06.17 Motion to Stay Enforcement of Judgment 505
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.17
Excerpt: ...ents Erina Gilerman (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). Respondents filed an opposition on June 1, 2022, then filed an Amended Petition to Confirm Arbitration Award and Opposition to Vacate the Award on August 15, 2022. On February 9, 2023, the Court entered judgment in favor of Respondents confirming the arbi tration award. (Judgment, 02/09/23.) The judgment provided that costs are to be awarded per memorand...
2024.06.17 Demurrer 373
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.17
Excerpt: ... LLC and Garo Korounian (“Defendants”). The First Amended Complaint was filed on May 22, 2024. Defendants filed the instant Demurrer to the First Amended Complaint on May 23, 2024. Plaintiff filed an opposition (entitled “reply”) on June 5, 2024. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Hillel Decl. ¶¶3-5.) The Demurrer is brought on the gro...
2024.06.13 Motion to Confirm Arbitration Award 415
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.13
Excerpt: ...UE AT $3.31 PER DAY FROM JANUARY 18, 2024. COSTS ARE TO BE RECOVERED BY MEMORANDUM OF COSTS. PETITIONER IS ENTITLED TO RECEIVE, SUBJECT TO ANY PRIOR PERFECTED SECURITY INTEREST, ALL OF RESPONDENTS' ACCOUNTS RECEIVABLE FROM THE WORLDWIDE EXPLOITATION, DISTRIBUTION, EXHIBITION, OR OTHER USE OF THE THEATRICAL MOTION PICTURE ENTITLED LAST CAIL A.K.A. DOMINION (THE “PICTURE”) UNTIL THE AMOUNTS ABOVE ARE PAID IN FULL. RESPONDENTS SHALL PAY HALF OF ...
2024.06.13 Motion for Terminating Sanctions 548
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.13
Excerpt: ...�Plaintiffs”) filed this motor vehicle action against Defendant Manuel Ocampo (“Defendant”). Defendant filed an answer and cross -complaint on April 28, 2023. Defendant filed (1) Motion to Compel Responses to Request for Production of Documents, Set One, Request for Sanctions; and (2) Motion to Compel Responses to Form Interrogatories, Set One, Request for Sanctions, on August 14, 2023. The Court granted the discovery motions on October 9, ...
2024.06.12 Motion to Compel Production of Docs 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.12
Excerpt: ...dgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor filed a Motion to Compel Third Parties to Produce Documents (“first Motion”) to on September 25, 2023. Third -party Bank of Hope filed an opposition on November 13, 2023 and third -p arty Sammy Hakim (“Hakim”) filed a “Response to Subpoena for Production”, which partially opposed the first Motion, on...
2024.06.12 Demurrer 509
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.12
Excerpt: ...s Kelsey Schilit and David Meredith (“Defendants”). The First Amended Complaint was filed on January 18, 2024. Defendants filed the i nstant Demurrer to the First Amended Complaint on April 18, 2024. Plaintiff filed an opposition on May 1, 2024 and Defendants replied on May 8, 2024. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Setian Decl. ¶4.) Defen...
2024.06.11 Motion for Attorney Fees 421
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.11
Excerpt: ...s, Inc., (“Defendant LMI”) for breach of written guaranty agreement, breach of written agreement, and unjust enrichment. On January 24, 2022, Plaintiff filed an Amendment to Complaint, adding Defendant Jacob Ahrens (“Defendant Ahrens”) as Defendant Doe 1. A non -jury trial was scheduled for September 22, 2022. On September 22, 2022, the Court noted that no appearances were entered for Plaintiff or Defendants and dismissed the Complaint wi...
2024.06.10 Motion for Leave to File Complaint 809
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.10
Excerpt: ... Defendant, the parties stipulated to vacate the default and allow Defendant to file an answer. (Stip and Order, filed 01/25/23.) Defendant filed an answer on February 28, 2023. The case was called for trial on January 18, 2024 at which time the Court ordered the parties to make corrections to their witness list and refile. (Minute Order, 01/18/24.) The trial was briefly continued to February 6, 2024. (Ibid .) On January 31, 2024, the Court grant...
2024.06.04 Motion to Compel Further Responses 613
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.04
Excerpt: ...DER. ANALYSIS: Plaintiff Jonathan Nissanoff (“Plaintiff”) filed the instant action for common counts and breach of contract against Defendant Oscar Health Plan of California (“Defendant”) on December 27, 2022. Plaintiff filed a First Amended Complaint on February 14, 2023. Plaintiff filed a “Motion to Compel Further Discovery Responses” on February 20, 2024. At the hearing on March 21, 2024, the Court noted that the motion improperly ...
2024.06.03 Motion to Amend Judgment 170
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.03
Excerpt: ...: On March 15, 2021, Plaintiff Lisa Davidson (“ Judgment Creditor ”) filed the instant action against Defendant Rite Aid Corporation (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on March 7, 2022. On April 8, 2024, Judgment Creditor filed the instant Motion to Amend Judgment. No opposition has been filed to date. Discussion As an initial matter, the Motion to Amend Judgment is not accompanied by a proof of serv...
2024.06.03 Motion for Reconsideration 983
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.06.03
Excerpt: ...Banda, Jr. (“Plaintiff”) filed the instant action against Defendant Lloyd Vernis (“Defendant”). Following Defendant's failure to file a responsive pleading, the Court entered default on November 1, 2022 and defau lt judgment on January 4, 2023. Defendant filed the first Motion to Vacate Default and Default Judgment on January 12, 2024, which the Court denied on February 8, 2024. (Minute Order, 02/08/24.) Defendant then filed a Renewed Mot...
2024.05.30 Motion for Discharge of Stakeholder and Attorney Fees 837
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.30
Excerpt: ...NG TO LAW IS SET FOR JANUARY 28, 2025 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On August 1, 2023, Plaintiff Ticor Title Company of California (“Plaintiff”) initiated this interpleader action against Defendants Willowbrook Restaurant, LLC and Xen Restaurant, LLC (“Defendants”). Following their failure to file responsive pleadings, def ault was entered against both Defendants on February 26, 2024. Plaintiff fil...
2024.05.30 Petitions to Confirm Arbitration Award, to Correct Award 124
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.30
Excerpt: ...AUSE. ANALYSIS: On January 12, 2024, Petitioner Shawn Liu (“Petitioner”) filed the instant Petition to Correct Arbitration Award against Respondent Lach Tach (“Respondent”). Respondent filed a response in the form of a Petition to Correct and Confirm Arbitration Award, an d Cross-Complaint on May 9, 2024. Discussion Before the Court can reach the merits of the Petitions, several procedural matters must be addressed. First, the Petition to...
2024.05.29 Motion to Vacate Default 603
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.29
Excerpt: ...��) and Jack Saiege (“Defendant Saiege”). Following Defendant Saiege's failure to file a responsive pleading, the Court entered his default on January 25, 2024. Defendant Saiege filed the instant Motion to Vacate Entry of Default on March 25, 2024. Plaintiff filed an untimely opposition on April 8, 2024 and Defendant Saiege replied on April 16, 2024. The reply sought a short continuance to allow for a response on the merits. At the hearing on...
2024.05.29 Motion for Assignment and Turnover Order 573
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.29
Excerpt: ...tered default judgment agains t Judgment Debtor for the total amount of $12,112.49 . On March 20, 2024, Judgment Creditor filed the instant Motion for Assignment Order. No opposition has been filed to date. Discussion Under Code of Civil Procedure, section 708.510, subdivision (a), the moving statute, the Court may order the judgment debtor to assign to the judgment creditor or to an appointed receiver all or part of a right to payment due or to ...
2024.05.28 Motion to Vacate Judgment 179
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.28
Excerpt: ...2023. A t the hearing on January 29, 2024, the Court continued the hearing to allow Respondent to file a memorandum of points and authorities. (Minute Order, 01/29/24.) On January 31, 2024, the parties filed a stipulation to allow California Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California to intervene in this action. The Court granted the stipulation the same date. (Stip and Ord...
2024.05.28 Motion to Vacate Dismissal and Enter Judgment 471
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.28
Excerpt: ...e Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Daniel Placenti (“Defendant”). Defendant filed an answer on October 12, 2021. On May 24, 2023 Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order , filed 0...
2024.05.24 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.24
Excerpt: ...HIS ORDER ANALYSIS: On April 19, 2023, an arbitrator issued an Arbitration Award in favor of Maria Avila (“Petitioner”) and against American Complete Home Services, Inc. dba American Air Conditioning & Heating (“Respondent”). On January 19, 2024, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). Petitioner filed proof of service of the Petition on May 1, 2024. No response to the Petition has been fil...
2024.05.23 Motion to Vacate Entry of Default 538
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...��) filed the instant action against Defendant The Wood Soul By Lilicales (“Defendant”). Following Defendant's failure to file a responsive pleading, Plaintiff obtained its default on Mar ch 5, 2024. On April 4, 2024, Defendant filed the instant Motion to Vacate Default. Plaintiff filed an opposition on May 10, 2024 and Defendant replied on May 16, 2024. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Proce...
2024.05.23 Motion to Compel Further Responses 613
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...ponses to Special Interrogatories, Set One, is CONTINUED TO June 4, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Jonathan Nissanoff (“Plaintiff”) filed the instant action for common counts and breach of contract against Defendant Oscar Health Plan of California (“Defendant”) on December 27, 2022. Plaintiff filed a First Amended Complaint on February 14, 2023. Plaintiff filed a “Motion to Compel ...
2024.05.23 Motion for Terminating, Monetary Sanctions 740
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.23
Excerpt: ...AYS OF NOTICE OF THIS ORDER. ANALYSIS: On September 11, 2020, Plaintiff Leonard R. Tyler (“ Plaintiff”) filed this motor vehicle action against Defendants Noa Estrada and Jose Vargas Guzman (“Defendants”). On December 4, 2023, the Court granted Defendants' discovery motions and ordered Plaintiff to serve responses to interrogatories and requests for production, and to pay sanctions within 20 days. (Minute Order, 12/04/23.) Defendants file...
2024.05.22 Petition to Compel Arbitration and Stay Proceedings 077
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.22
Excerpt: ...SE. ANALYSIS: On February 14, 2024, Plaintiff Dianeth A. Jimenez Velazco (“Plaintiff”) filed the instant action for violation of Consumer Legal Remedies Act, violation of Business & Professions Code section 17200, et seq., and claim against surety against Defendants Norma E. Flores Sandoval dba Coco Auto Sales (“Defendant Sandoval”), Newport Acceptance Corp. (“Defendant NAC”), and Western Surety Company (“Defendant Western”). The ...
2024.05.22 Motion to Vacate Dismissal and Enter Judgment 749
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.22
Excerpt: ...ANNUM SINCE THE DEFAULT DATE OF SEPTEMBER 1, 2023; COSTS OF $495.75; AND ATTORNEY'S FEES OF $813.01. ANALYSIS: On January 22, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendants Christopher Hernandez (“Defendant”) and Maria Hernandez. On August 4, 2022 Plaintiff filed a copy of the parties' s ettlement agreement with a request for dismissal and retention of jurisdic...
2024.05.21 Motion to Vacate Renewal of Judgment 325
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.21
Excerpt: ... 28, 2014, which was dismissed on July 14, 2014. The judgment was renewed on October 27, 2023. Judgment Debtors filed the instant Motion to Vacate Renewal of Judgment on January 3, 2024. Judgment Creditor filed an opposition on March 6, 2024 and Judgment Debtors replied on March 15, 2024. The Motion initially came for hearing on March 19, 2024, at which time the Court continued the matter to consider Judgment Debtors' reply. (Minute Order, 03/19/...
2024.05.21 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 560
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.05.21
Excerpt: ...ce Company (“Plaintiff”) filed this subrogation action against Defendant Martin Yi (“Defendant”). On April 11, 2023, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 04/11/23.) On April 2, 2024, Plaintiff filed the instant Moti...

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