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...

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...

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 ...

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, ...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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/...

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...

Excerpt: ...P (“Defendant Rockvale LP”), Rockvale Apartments GP, LLC (“Defendant Rockvale GP”), Rockvale Apartments Limited, LLC (“Defendant Rockvale Limited”), FPI Management, Inc. (“Defendant FPI”), and Eden Housing, Inc. (erroneously sued as Eden Iris Gardens, LLC (“Defendant Eden”) for: (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) personal injury, (5) intentional infliction of emotional distress, a...

Excerpt: ...led the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor filed the instant Motion to Compel Third Parties to Produce Documents on September 25, 2023. Third -party Bank of Hope filed an opposition on November 13, 2023 and third - party Samm...

Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...

Excerpt: ...and that Defendant never paid for these products. (Complaint, BC -1 & CC -1.) The motion now before the Court is Defendant's Motion to (1) Set Aside the Entry of Default (2) Grant Leave to File and Serve a New Answer and (3) to Continue Trial. Plaintiff filed an opposition on April 2, 2024, and Defendant filed a reply on April 8, 20 24. However, Plaintiff withdrew the opposition on April 15, 2024, and supplemental briefing was filed by Defendant ...

Excerpt: ...ainst Defendants Rebecca Ju and Paul Ju (“Defendants”) on January 25, 2024. The Complaint alleged causes of action for motor vehicle negligence, negligence, and negligent entrustm ent. On February 1, 2024, the Complaint was superseded by the First Amended Complaint, which alleged “Senior Citizen Rights BPC § 13742” and “Elder Abuse § 1780.” Finally, Plaintiff filed a Second Amended Complaint on February 27, 2024 that alleges a viola...

Excerpt: .... ANALYSIS: On December 14, 2023, Petitioner Jordan Roberts (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Carlos Caraccioli (“Respondent”). The Petition was initially set for hearing on April 18, 2024 but continued the day b efore to May 14, 2024 with an order from the Court for Petitioner to give notice to all parties. (Notice Re: Continuance, 04/17/24.) No proof of service of the Petition or h...

Excerpt: ... then transferred to an independent calendar courtroom. (Minute Order, 09/23/20.) Proofs of service of the Summons and Complaint were filed in October 2021. From early 2022 to mid -2023, Defendants filed challenges to the pleadings, including the Second and Third Amended Complaints. On May 11, 2023, the Court sustained Defendants ' demurrer to the non- negligence causes of action without leave to amend and set an order to show cause why the actio...

Excerpt: ...WER TO THE SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER. Defendants Promises, Promises, Inc. and Eugene Michael Hardy's Motion to Strike Portions of the Second Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Promises, Promises, Inc. (“Defendant PPI”) and Eugene Michael Hardy (“Defendan...

Excerpt: ...ENT IS TO BE FILED AND SERVED WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On July 6, 2021, an arbitrator issued an Arbitration Award in favor of Wasserman Media Group, LLC (“Petitioner”) and against Paul Lo Duca (“Respondent”). On August 3, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) . The Court set the Petition for hearing on December 7, 2021 and ordered Petitioner to give notice. (Notice of ...

Excerpt: ...umer Credit Reporting Agencies Act (“CCRAA”) against Experian Information Services, Inc. (“Defendant”). On March 19, 2024, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on March 25, 2024 and Defendant replied on May 2, 2024. Discussion Allegations in the Complaint The Complaint alleges that Plaintiff is a consumer and Defendant is a consumer credit reporting agency as defined by Cal. Civ. Code § 178...

Excerpt: ...collecti vely, “Cross-Complainants”) on August 23, 2022. Cross -Complainants filed a Cross- Complaint for breach of contract and fraud against Cross- Defendant on January 20, 2023. On February 3, 2023, Cross -Complainants filed a First Amended Cross - Complaint. On July 13, 2023, the Court sustained Cross -Defendant's demurrer to the fraud cause of action in the First Amended Cross -Complaint with leave to amend. (Minute Order, 07/13/23.) Cro...

Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...

Excerpt: ...tiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On March 8, 2024, the Court ordered Plaintiff to appear for deposition within 30 days of notice and to pay monetary sanctions in the amount of $615. Defendant gave notice of this ruling by email on March 12, 2024. On Marc...

Excerpt: ...rict Liability and Negligence/ Negligence Per Se arising from a fall on November 19, 2019. Memo's Scaffolding filed its answer on September 8, 2021. On January 11, 2023, Plaintiffs amended their complaint to name Gordon S. Gibson, Inc., dba Gordon Gibson Construction (“Gibson”) as Doe 1. Gibson filed its answer to the complaint on May 3, 2023. On June 9, 2023, Memo's Scaffolding filed a cross -complaint against Gibson. Gibson filed an answer ...

Excerpt: ...se Cruz, and DOES 1 -50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id. , ¶ 6.) Defendants' investigator apparently obtaine...

Excerpt: ...position on April 29, 2024. Discussion “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.” ( Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the awa...

Excerpt: ...are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March...

Excerpt: ...ber 11, 2023. On January 12, 2024, Defendant filed the instant Motion to Vacate Default. No opposition has been filed to date. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b) and (d), and section 473.5. The Court will consider each statutory basis in turn. Code of Civil Procedure section 473, subdivision (b) Under this statute, an application for relief must be made no mor...

Excerpt: ...fendant”) on March 1, 2023. Defendant filed an answer in properia persona on March 27, 2023. On February 5, 2024, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of indemnity agreement. Plaintiff alleges that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100153718, issued...

Excerpt: ... BEING DENIED. ANALYSIS: Plaintiff Blue Moon Service Corporation (“Plaintiff”) filed the instant action against Defendant Wallis Annenberg Center for the Performing Arts (“Defendant”) on June 20, 2023. On August 17, 2023, Defendant filed an answer and cross- complaint. Plaintiff answered the cross- complaint on November 21, 2023. Plaintiff filed the instant Motion for Leave to File An Amended Complaint on February 1, 2024. No opposition h...

Excerpt: ... complaint, Plaintiff was assaulted and battered on premises owned or controlled by defendants on West Olympic Boulevard in Los Angeles on October 15, 2021. On March 29, 2024, Defendant Reserve Lofts LLC (“Defendant”) filed this motion to strike portions of Plaintiff's complaint. No opposition has been filed. Legal Standard Under Code of Civil Procedure section 435, “Any party, within the time allowed to respond to a pleading may serve and ...

Excerpt: ...E 3.3(F) WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiffs Eduardo Tiempo, Gary Rand & Suzanne E. Rand -Lewis, Professional Law Corporations (“Plaintiffs”) filed the instant action against Defendants Finchey Corporation of California dba Pacific BMW, David Ho, Arsen Dagbashyan, Sevak Adamyan, and Andy Adamyan (“Defendants”) on December 11, 2022. The action alleges causes of action for (1) breach of express contract; (2) constructiv...

Excerpt: ...against Defendant Piaggio Group Americas, Inc. (“Defendant”). The Complaint alleges a causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of Vehicle Code section 11713.13(d); and (4) relief pursuant to Vehicle Code section 11726 . Plainitff sought damages of $$12,858.57. The court granted Plaintiff's Motion for Summary Judgment on April 7, 2022. (Minute Order, 04/07/22....

Excerpt: ...OMPLAINT. ANALYSIS: Plaintiff Samara A. Weiner (“Plaintiff”) filed the instant action for recovery of COVID -19 rental debt against Defendants Century Property Management & Investment, Inc. and Deion Gerhard (“Defendants”) on July 27, 2022. Defendants filed an answer and cross -complaint against Plaintiff, Art Koomer, and Michael Koomer on November 23, 2022. Arthur Koomer and Michael also filed cross -complaints against unnamed cross -def...

Excerpt: ...s filed the instant Demurrer to the Complaint on February 29, 2024. Plaintiff filed an opposition on March 18, 2024. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Matthes Decl., ¶¶2 -4.) The Demurrer is brought on the grounds that Plaintiff lacks the legal capacity to sue, there is a defect or misjoinder of parties, the Complaint fails to state sufficient ...