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Judge: Windham, Mark E x
2023.09.27 Motion to Vacate Entry of Default 517
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...iolations against Defendants Bipin Gala (“Defendant Gala”) and Yvonne Magana aka Ibon Magana (“Defendant Magana”) on June 1, 2023. Defendant Magana filed an answer on August 7, 2023. Following Defendant Gala's failure to file a responsive pleading, the Court entered their default on August 11, 2023. Defendant Gala filed the instant Motion to Vacate Default on August 29, 2023. On August 31, 2023, Plaintiff filed only evidentiary objections...
2023.09.27 Motion to Compel Further Responses, for Sanctions 185
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...nts, Set 2, and for Sanctions, are DENIED. ANALYSIS: On August 1, 2019, Plaintiffs Antonio Cabral and Patricia Cabral (“ Plaintiffs”) filed this action for trespass, trespass to chattles, and conversion against Defendant Carlos M. Quintana (“Defendant Quintana”). Plaintiffs filed a First Amended Complaint on March 5, 2020 adding Quint Tax Services Corporation as a defendant, and causes of action for nuisance and negligence. Defendant Quin...
2023.09.27 Motion for Relief from Admissions 584
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...1. Defendant filed an Answer on June 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.) On June 6, 2023, the Court granted Plaintiff's Motion for Judgment on the Pleadings, based on the admissions. (Minute Order, 06/0...
2023.09.26 Motion to File Supplemental Cross-Complaint 458
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.26
Excerpt: ...ril 4, 2019, Cross-Complainant filed a Cross-Complaint against Cross-Defendant. The Court granted Cross-Defendant's Motion to Deem Requests for Admission Admitted Against Cross- Complainant on November 7, 2019. However, the Court denied Cross-Defendant's Motion for Terminating Sanctions on July 8, 2020. The matter came for trial on September 3, 2020 and the Court continued the trial date to July 8, 2021. Due to there being no judge available for ...
2023.09.18 Petition to Confirm Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.18
Excerpt: ... STATUTORY REQUIREMENTS. ANALYSIS: Petitioner Jerome St. Martin (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 2023. No response to the Petition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the ...
2023.09.14 Petition to Confirm Arbitration Award 369
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...OF THIS ORDER. ANALYSIS: Petitioner Stephanie Granato, Esq. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Boku International, Inc. (“Respondent”) on April 27, 2023. The Petition was initially set for hearing on August 31, 2023 but was continued prior to the hearing date to September 14, 2023. (Notice Re: Continuance of Hearing, 05/30/23.) No response to the Petition has been filed to date. Legal...
2023.09.14 Demurrer, Motion to Strike 319
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...ALYSIS: Plaintiff Gizella Wade (“Plaintiff”) filed the instant action for habitability violations, nuisance, negligence, and breach of contract against Defendants LA Housing Solutions, LLC, Peerless Apartments, LLC, and Marc A. Schneider (“Defendants”) on April 10, 2023. Defendants filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. Plaintiff filed oppositions on August 31, 2023 and Defendants r...
2023.09.12 Motion for Summary Judgment, Adjudication 720
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.12
Excerpt: ...ts Ammie Laverne Freeman (“Defendant Freeman”), Tamara Kirk (“Defendant Kirk”), AVIS Budget Car Rental, LLC, and AVIS Rent A Car System, LLC (“the AVIS Defendant”) on June 23, 2022. The AVIS Defendants filed an answer on September 14, 2022. Plaintiff's applications for service by publication upon Defendants Freeman and Kirk were rejected by the Court on February 1, 2023. The AVIS Defendants filed the instant Motion for Summary Judgmen...
2023.09.07 Motion to Compel Responses 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ... TO MODIFY THE FEBRUARY 28, 2023 ORDER IS DENIED. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed 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 served a Subpoena Duces Tecum for Personal Appeara...
2023.09.07 Motion for Judgment on the Pleadings 512
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ...rance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Maricela Avila (“Defendant”). On December 5, 2022, the Court granted Plaintiff's motion to compel responses to form interrogatories and request for monetary sanctions. (Minute Order, 12/05/22.) The Court also granted Plaintiff's motion for issue sanctions against Defendant on April 24, 2023. (Minute Order, 04/26/23.) Plaintiff filed the instant Moti...
2023.09.06 Motion to Reclassify 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...tion of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third, and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action was for brea...
2023.09.06 Motion to Enter Judgment Pursuant to Stipulation 989
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...ATE DISMISSAL AND ENFORCE SETTLEMENT. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Marine Charchyan and Avetik Charchyan (“Defendants”) on June 15, 2020. Defendants filed answers on September 28, 2021. The matter came for trial on September 19, 2022, at which time the parties represented that the case had settled. (Minute Order, 09/1...
2023.08.31 Motion to Vacate Judgment 808
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...e for trial on August 11, 2022, at which time Defendant did not appear. (Minute Order, 08/11/22.) Following Plaintiff's showing, the Court entered judgment in its favor. (Ibid.) Defendant filed the instant Motion to Vacate Judgment on March 8, 2023. Plaintiff filed an opposition on March 27, 2023. The case was then transferred to the limited jurisdiction court on May 1, 2023. (Minute Order, 05/01/23.) Discussion Defendant brings this motion pursu...
2023.08.31 Motion to Continue Trial Date 542
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...tion against Defendant Yulio Coleman (“Defendant”) on April 14, 2022. However, Defendant was only served with the Summons and Complaint on June 4, 2023. Defendant filed an answer on June 30, 2023 and the instant Motion to Continue Trial on July 17, 2023. Plaintiff filed an opposition on August 18, 2023. Discussion “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The Court ...
2023.08.29 Petition to Confirm Arbitration Award 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...itration Award (the “Petition”) against Respondent Sergio Duarte (“Respondent”), on March 9, 2023. The Court initially set the hearing on the Petition for July 13, 2023, then advanced the date at Petitioner's request to June 6, 2023. (Notice of Hearing, 03/09/23.) Petitioner filed two requests for entry of default that have been rejected by the clerk's office. No response to the Petition has been filed to date. Legal Standard “Any party...
2023.08.29 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 378
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ompany (“Plaintiff”) filed the instant action for automobile subrogation against Rudy Santos on April 5, 2019. On July 1, 2019, Plaintiff added Defendant Santos Rudi Vaquerano (“Defendant”) and dismissed Rudy Santos on July 11, 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 664.6 on October 1, 2020. The Court dismissed the a...
2023.08.29 Motion for Summary Judgment, Adjudication 896
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...fendant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted ...
2023.08.29 Motion for Sanctions 929
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ight”). Plaintiff filed a first amended complaint on March 29, 2023, alleging a single cause of action for violation of the Unruh Civil Rights Act (“the UCRA”). Defendants filed an answer on May 25, 2023 and the instant Motion on July 14, 2023. Plaintiff filed an opposition on August 16, 2023, and Defendants replied on August 22, 2023. Evidentiary Objections Defendants' evidentiary objections to Plaintiff's declaration are overuled. Defenda...
2023.08.10 Petition to Vacate Arbitration Award 076
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...e Reed and the Law Offices of Lorden and Reed (“Respondents”). Proof of substitute service of the Petition and Notice of Hearing was filed with the Court on April 14, 2023. No response has been filed to date. Discussion Petitioner contends the arbitration award issued on March 13, 2023 by Keith G. Wileman (“the arbitrator”) must be vacated because (1) the award was obtained by corruption, fraud, or other unfair means; (2) the arbitrator w...
2023.08.10 Petition to Confirm Arbitration Award, to Correct Award 680
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...TS. INTEREST SOUGHT IS TO BE SET FORTH AS A CALCULATION IN THE PROPOSED JUDGMENT. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On March 2, 2023, Petitioner One Ring Networks, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Paul Sagoo (“Respondent”). Respondent filed a response in the form of a Petition to Correct or Vacate Arbitration Award on April 26, 20...
2023.08.10 Motion to Vacate Renewal of Judgment 676
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...o file a responsive pleading, default judgment was entered on August 12, 2003. The judgment was renewed on July 10, 2013 and May 25, 2023. Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on July 12, 2023. Judgment Creditor filed an opposition on July 27, 2023 and Judgment Debtor replied on August 2, 2023. Evidentiary Objections Judgment Debtor's evidentiary objections to the declaration of William J. Hamilton in support of ...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 799
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...fendant”) on June 6, 2018. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502. The parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolidate, filed 02/11/20.) On April 23, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The C...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 070
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...ecember 3, 2019. Defendant filed an answer on January 9, 2020. On July 7, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court denied the request on the same date. (Stip for Entry of Judgment and Order, 07/07/20.) On September 22, 2020, the Court entered Defendant's dismissal from the Complaint without prejudice, pu...
2023.08.10 Demurrer 344
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...lein (“Plaintiffs') filed this action against Defendant Santana Cycles, Inc. dba Santana Adventures (“Defendant”) on October 11, 2022. Defendant filed a Demurrer to the Complaint on March 21, 2023, which was set for hearing on May 9, 2023. Following transfer of the action to the limited jurisdiction court, Defendant filed a reply on June 20, 2023. Plaintiffs filed an opposition on July 28, 2023, which was previously served on Defendant on M...
2023.08.09 Motion to Vacate Dismissal 364
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...ion against Defendant Miguel A. Jimenez (“Defendant”) on March 10, 2020. Defendant filed an answer on September 24, 2020. On March 10, 2022, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Stip for Entry of Judgment and Order, 03/...

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