Excerpt: ...e Insurance Company (“Petitioner”) and against Ace American Insurance Company (erroneously sued as Ace USA Group) (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on August 6, 2021. No opposition 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 award. The petition shall name a...

Excerpt: ...ber 3, 2021. Defendant filed the instant Motion to Vacate Judgment on September 27, 2021. Plaintiff filed an opposition on October 8, 2021. The Motion initially came for hearing on October 21, 2021, at which time the Court continued the matter to allow Defendant to file supplemental papers with supporting authorities and affidavits. (Minute Order, 10/21/21.) Defendant filed supplemental papers on January 7, 2022. Plaintiff filed a supplemental op...

Excerpt: ...aheme (“Defendant”) on October 16, 2019. On April 16, 2021, Plaintiff filed a Notice of Settlement of Entire Action. Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment on January 7, 2022. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brought under Code of Civil Procedure, section 664.6, which states in relevant part: If parties to pending litigation stipulate, in a writing signed...

Excerpt: ...plaint on February 28, 2022. No opposition has been filed to date. Discussion Plaintiff alleges that he is a visually impaired individual who attempted to use Defendant's website, www.milksnob.com (“the Website”), on July 22, 2021. (Compl. ¶¶3, 8-9.) Plaintiff alleges that the Website provides services, information, price lists, product descriptions, and other material to the public. (Id. at ¶6.) However, the “Website and subgroups of we...

Excerpt: ...ponsive pleading, default was entered on October 9, 2013 and default judgment was entered in Plaintiff's favor on April 3, 2014. Defendant filed the instant Motion to Vacate Default and Default Judgment on February 24, 2022. Plaintiff filed an opposition on March 8, 2022. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure sections 473, subdivisions (b) and (d), 473.5, Civil Code section 1788.61 and on equit...

Excerpt: ...RDANCE WITH THIS ORDER. THE COURT MAY, IN ITS DISCRETION, DECLINE TO CONSIDER ANY AUTHORITIES NOT INCLUDED IN THE TABLE(S) OF AUTHORITIES OR LODGED AS ORDERED. OPPOSITION: Plaintiff cannot demonstrate he suffered discrimination on the basis of disability. Plaintiff alleges the self-service tickets in the deli section of Defendants' store was too high and the pipes under the sinks in the men's bathroom were not wrapped. First, self-service items a...

Excerpt: ...ifornia (“Petitioner.”) (See Pet., Exh. 1.) On October 29, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on March 4, 2022 and ordered Petitioner to give notice. On February 28, 2022, the Court continued the hearing to March 17, 2022 and ordered Petitioner to give notice. As of March 14, 2022, Petitioner has not filed proof of service of such notice with th...

Excerpt: ...tioner 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. On November 2, 2021, the Court continued the hearing to March 17, 2022. On March 4, 2022, Petitioner filed an Application for Publication, based on multiple failed attempts to serve Respondent. (See Fieldsted Decl. ¶¶ 4-8.) On March 8, 2022, the court rejected Peti...

Excerpt: ...ult on January 09, 2020. Thereafter, the Court entered judgment against Defendant on February 10, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on February 10, 2022. No opposition has been filed. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure § 473, subd. (b), § 473.5, and § 473, subd. (d). The Court will consider each basis in turn. Code of Civil Procedure § 473, s...

Excerpt: ...TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiff/Cross-Defendants' Objections to Evidence Plaintiff/Cross-Defendants object to all seven (7) exhibits submitted in support of the Motion to Reclassify, asserting the Exhibits were not authenticated, lack foundation, and are misleading and argumentative. This Court is unaware of any legal authority which requires a court to rule on evidentiary objections on a motion, except as to a motion for summary...

Excerpt: ..., conversion and related claims against Defendant Mercedes Ganon (“Defendant”) on August 20, 2020. Defendant filed a Cross- Complaint for breach of contract against Plaintiff on November 16, 2020. Defendant filed the instant Motion to Quash Subpoena on December 14, 2021. Plaintiff filed an opposition on March 3, 2022 and Defendant replied on March 8, 2022. Discussion Defendant brings the Motion to Quash pursuant to Code of Civil Procedure sec...

Excerpt: ...Less of California, Inc. (“Defendants”) on October 21, 2020. Defendants filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on December 23, 2021. Plaintiff filed an opposition on January 5, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that when he visited Defendants' store at 6901 Eastern Avenue, Bell Gardens, California (“...

Excerpt: ...cy A. Buchanan and John Doe Buchanan (“Judgment Debtors”). Pursuant to the Application for Entry of Sister State Judgment filed on June 10, 2019, this Court entered judgment against Judgment Debtors in the amount of $5,264.61 on the same date. On April 23, 2021, Judgment Creditor filed the instant Motion for Award of Attorney's Fees and Costs (the “Motion”). On April 26, 2021, Judgment Creditor filed an Application for Publication of the ...

Excerpt: ... Jorge Juarezgarcia aka Jorge Juarez Garcia (“Defendant Juarezgarcia”) on February 18, 2020. On April 16, 2021, Plaintiff filed Notice of Conditional Settlement or Entire Case and the Court set an Order to Show Cause Re Dismissal. The Order to Show Cause is currently set for March 15, 2022. On December 10, 2021, Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment. No opposition to the Motion has been filed to date. Dis...

Excerpt: ...any (“Defendant Randolph Construction”) and James Randolph (“Defendant Randolph”). Following Defendants' failure to appear, the Court entered their default on October 21, 2021 and default judgment on January 28, 2022. Defendants filed the instant Motions to Vacate Default and Default Judgment on February 15, 2022. Plaintiff filed oppositions on March 2, 2022. Discussion Defendants moves for relief from the default pursuant to Code of Civi...

Excerpt: ...ass to chattles; (6) damages pursuant to California Public Utilities Code Section 7951; and (7) negligence per se against Defendants Servitek Electric, Inc. (“Defendant Servitek Electric”) and City of Los Angeles (“the City”) on July 28, 2021. On November 19, 2021, Plaintiff added Servitek Solutions, Inc. (“Defendant Servitek Solutions”) by doe amendment. Defendant Servitek Electic filed the instant Motion for Sanctions Pursuant to Co...

Excerpt: ...ly 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 Corporation (“Defendant Ghermezian Corp.”). Plaintiff filed proofs of substitute service on November 2, 2020. On February 24, 2021, Defendants filed a Motion to Quash Service of t...

Excerpt: ...Plaintiff”) filed the instant action for automobile subrogation against Defendant Cristin Paige Petroski (erroneously named as “Cristin Paige Springett”) (“Defendant”). The Court granted Plaintiff's Application for Service by Publication on May 31, 2019 and proof of publication was filed on July 12, 2019. When Defendant failed to file a responsive pleading, Plaintiff obtained default on October 17, 2019 and default judgment on November ...

Excerpt: ...n January 28, 2019 and default judgment on May 13, 2019. Plaintiff filed a Memorandum of Costs After Judgment on October 14, 2021. Defendant filed the instant Motion to Vacate Default and Default Judgment on January 10, 2022. Plaintiff filed an opposition on February 24, 2022 and Defendant replied on March 3, 2022. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure section 473, subdivision (b) and on equita...

Excerpt: ...��) filed an Answer to the Complaint and Cross-Complaint against LVNV Funding, LLC (“Plaintiff / Cross-Defendant”) on June 15, 2021. On November 1, 2021, the Court granted Plaintiff / Cross-Defendant's Motion to Deem Requests for Admission Admitted against Defendant / Cross-Complainant. (Minute Order, 11/01/21.) Plaintiff / Cross-Defendant filed the instant Motion for Judgment on the Pleadings against Defendant / Cross- Complainant on Decembe...

Excerpt: ...ndant”) on March 11, 2021. On March 18, 2021, Defendant filed an Answer to the Complaint. Plaintiff filed the instant Motion for Leave to File First Amended Complaint on November 23, 2021. No opposition has been filed to date. Discussion Plaintiff moves for leave to file a First Amended Complaint in order to correct the date of the automobile accident that gives rise to this action for breach of insurance agreement and unjust enrichment. The Mo...

Excerpt: ...20. Plaintiff filed the instant Motion for Leave to Amend Complaint and Reclassify Action on August 10, 2021, then re-filed it on October 21, 2021. Defendant filed an opposition on February 22, 2022. Plaintiff alleges she was injured when attacked by Defendant's dogs and bitten on both hands. (Compl., ¶¶8, 13.) Plaintiff now moves for leave to amend the Complaint to reclassify this action as an unlimited civil case based on the possible judgmen...

Excerpt: ...Clinic. Thomas Martin Honka, D.C. dba Honka Chiropractic Pain Relief Clinic (“Cross-Complainant”) filed a Cross-Complaint against Heidari Law Group, APC (“Cross-Defendant”) on February 3, 2021. Cross- Defendant filed a Special Motion to Strike the Cross-Complaint on April 29, 2021. On September 2, 2021, the Court placed the Special Motion to Strike off calendar as improper in a court of limited jurisdiction. (Minute Order, 09/02/21.) Cros...

Excerpt: ...Act; and (2) violation of the Unfair Competition Law. The action was filed in the unlimited jurisdiction court. On May 28, 2021, Defendant filed the Demurrer to the Complaint. The arguments in the Demurrer included the propriety of filing the case in the unlimited jurisdiction court. On August 18, 2018, the unlimited jurisdiction court sustained the Demurrer to the second cause of action without leave to amend because there was no allegation that...

Excerpt: ... Dental”) (collectively, Defendants”) on April 5, 2021. Defendant Singh Dental filed an Answer to the Complaint on October 12, 2021. Plaintiff filed the instant Motion for Summary Judgment on February 8, 2022. Defendants filed an opposition on February 17, 2022. Discussion Plaintiff's Motion for Summary Judgment is not brought pursuant to any authority. Under the California Rules of Court, “[t]he memorandum must contain a statement of facts...

Excerpt: ...��Defendant”) on February 10, 2020. Defendant filed an Answer on March 26, 2020. On June 17, 2021, the Court granted Plaintiff's Motion for Order Establishing Truth of Requests for Admission. (Minute Order, 06/17/21.) Plaintiff filed the instant Motion for Summary Judgment on December 13, 2021. No opposition has been filed to date. Discussion Plaintiff moves for summary judgment on the Complaint pursuant to Code of Civil Procedure section 437c....

Excerpt: ...d 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 granted the request for dismissal with retention of jurisdiction on May 12, 2021. (Order for Settlement and Dismissal, filed 05/07/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on January 4, 2022. No opposition has been filed to date. Di...

Excerpt: ...EFAULT JUDGMENT WITHIN 20 DAYS OF THIS ORDER. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Creditors Adjustor Bureau, Inc. (“Plaintiff”) filed the instant action against Defendant Martin Hudnall (“Defendant”) on April 28, 2021. Defendant filed an Answer to the Complaint on June 28, 2021. On October 20, 2021, the Court granted Plaintiff's motion to compel Defendant's responses to special interrogatories and request for...

Excerpt: ...tober 25, 2019. Following Defendant's failure to respond, the Court entered default on December 2, 2021. Defendant filed the instant Motion to Vacate Default on December 27, 2021. No opposition has been filed to date. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure section 473, subdivision (b and section 473.5. The Court will consider each basis in turn. Code of Civil Procedure section 473.5 Code of Civi...

Excerpt: ..., “Defendant The Executive”) and John Carnevali (“Defendant Carnevali”) on February 2, 2021. Plaintiff filed the First Amended Complaint on February 11, 2021. Defendant Carnevali filed an Answer on April 20, 2021. On June 23, 2021, the Court sustained Plaintiff's demurrer to the 37th affirmative defense without leave to amend. (Minute Order, 06/23/21.) Plaintiff filed the instant Motion for Summary Adjudication on December 13, 2021. On Fe...

Excerpt: ... on November 3, 2020. Plaintiff filed the instant Motion for Summary Judgment against Defendants on December 9, 2021. Defendants filed an opposition on February 9, 2022 and Plaintiff replied on February 17, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., ¶1.) He further alleges that on January 11, 2020, he visited “Style 7” located at 1257 N. Lake Avenue, ...

Excerpt: ...ws Homeowners Association (“Plaintiff”) and against Defendants Henia M. Moskowitz and John Doe Moskowitz (“Defendants”). Plaintiff filed the instant Motion for Award of Attorney's Fees and Costs. (“the Motion”) on September 30, 2021. To date, no opposition has been filed. Discussion Request for Judicial Notice The motion is accompanied by a request for judicial notice of the (1) the Master Declaration of Covenants, Conditions and Rest...

Excerpt: ...rrer to the Complaint on December 30, 2021. Plaintiff filed an opposition on February 3, 2022. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Mazepa Decl., ¶¶2-5.) Defendant demurs to each cause of action for failure to allege sufficient facts under Code of Civil Procedure section 430.10, subdivision (e). To the extent the Demurrer raises matters outside ...

Excerpt: ...pleading, default judgment was entered on September 14, 2016. On March 16, 2018, Judgment Creditor filed the first Memorandum of Costs After Judgment. Judgment Creditor then filed an Acknowledgment of Partial Satisfaction of Judgment on May 18, 2018. The judgment was renewed on September 28, 2021. On the same date, Judgment Creditor filed a second Memorandum of Costs After Judgment. On October 6, 2021, Judgment Creditor filed a third Memorandum o...

Excerpt: ...4, 2021, the Court denied Plaintiff's Motion for Summary Judgment. (Minute Order, February 4, 2021.) Defendant filed the instant Motion for Summary Judgment on October 21, 2021. Plaintiff filed an opposition on December 17, 2021 and Defendant replied on February 17, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that when he visited Defendant's store in Downey, Californ...

Excerpt: ...ollectively, “Defendants”) on April 28, 2017. The first cause of action for breach of contract was alleged against Defendant Xu, whose demurrer to the Complaint came for hearing on August 3, 2017. The Court sustained the demurrer without leave to amend. (Minute Order, 08/03/17.) On August 10, 2017, Plaintiff filed a First Amended Complaint that purported to name Defendant Xu in the second cause of action. On December 21, 2017, the court susta...

Excerpt: ... COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiff Man Chul Cho (“Plaintiff”), in pro per, filed the instant action against Defendants Henry Bahk (“Defendant Bahk”), Law Offices of Henry H. Bahk, APLC (“Defendant LOHB”), Kyoung Sook Lee (“Defendant Lee”), and Moo Sung Lim (collectively, “Defendants”) on May 28, 2021. Plaintiff filed the First Amended Complaint on October 25, 2021. Defendants filed the instant D...

Excerpt: ...”) filed the instant action for motor vehicle negligence against Defendants Earl Brown and Brownstone Partners, LLC dba LA Urban Transportation (“Defendants”). Defendant Brown filed an Answer on December 22, 2020; Defendant LA Urban Transportation filed an Answer on March 1, 2021. On November 23, 2021, Defendant filed the instant Motion for Leave to File Cross-Complaint. To date, no opposition has been filed. Discussion Code of Civil Proced...

Excerpt: ...HIS ORDER. ANALYSIS: On November 16, 2020, Plaintiff Maria Felix Flores Prospero (“Plaintiff”) filed this action against Defendant Southern California Edison (“Defendant”) for motor vehicle negligence. On December 2, 2020, Plaintiff filed the first instant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. The Court denied the first Motion to Reclassify on June 10, 2021 without prejudice. (Minute Order, 06/10/21.) Plain...

Excerpt: ...S: On December 8, 2020, Plaintiff David Sagastume (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendant Jay Ward (“Defendant”). On December 3, 2021, Plaintiff filed the instant Motion to Compel Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Defendant filed an untimely opposition on February 10, 2022; the opposition was due by February 8, 2022. Plaintif...

Excerpt: ...fendant Brendan”), Lyle Howry (“Defendant Lyle”) and Skinfly Entertainment (“Defendant Skinfly”) on August 24, 2020. Following Defendants' failure to respond, the Court entered Defendant Brendan's default on January 26, 2021. Plaintiff's request for entry of default against Defendant Skinfly was twice rejected due to defects in the proof of service of the Summons and Complaint. (Notices of Rejection, 01/26/21 and 01/28/21.) Plaintiff wa...

Excerpt: ...ion against Defendant Essence Noelan Raychele Weir (“Defendant”) on January 10, 2017. On April 20, 2021, 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 granted the request for dismissal with retention of jurisdiction on May 3, 2021. (Order for Settlement and Dismissal, filed 04/20/21.) Plaintiff filed the instant Moti...

Excerpt: ... May 3, 2005 by Plaintiff L&J Assets, LLC (“Plaintiff') against Defendant Helen L. Alexander (“Defendant”). Default judgment was entered against Defendant on January 9, 2006. Notice of Assignment of Judgment from Plaintiff to Bag Fund, LLC (“Judgment Creditor”) was filed on September 21, 2009. On December 18, 2012, the Court granted Judgment Creditor's Application for an Order for Sale of Real Property with respect to 8943 Telfair Avenu...

Excerpt: ...CROSS-COMPLAINT IS TO BE FILED WITHIN 20 DAYS OF THIS ORDER. Cross-Defendant Giavanna Whited's Motion to Strike Portions of the First Amended Cross-Complaint of Joseph Bendix is DEEMED MOOT. ANALYSIS: On December 10, 2020, Plaintiff Giavanna Whited filed the Complaint in this action against Defendants Joseph Bendix, Nancy Nelson and Essex Property Trust, Inc. Joseph Bendix (hereinafter Cross-Complainant Bendix”) filed a Cross-Complaint against ...

Excerpt: ...st Defendant Irvin Raul Avelino (“Defendant”) on July 2, 2019. On March 11, 2021, 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 granted the request for dismissal with retention of jurisdiction on the same day. (Order for Settlement and Dismissal, filed 03/11/21.) Plaintiff filed the instant Motion to Vacate Dismissal...

Excerpt: ... Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Orlando Valle (“Defendant”) on March 8, 2018. On June 7, 2021, 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 granted the request for dismissal pursuant to stipulation the following day. (Stip and Order for Court to Retain Ju...

Excerpt: ... 6, 2020. On February 3, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/03/21.) Plaintiff filed a Notice of Acceptance of Rule 998 Offer to Compromise on July 22, 2021, and the case was dismissed on that date in accordance with the 998 offer. On November 18, 2021, Plaintiff filed the instant Motion for Attorney's Fees. Defendant filed an opposition on February 2, 2022 and Plaintiff replied on February 4, 202...

Excerpt: ...ts”), Min Ja Kim and Yoonjo Corporation. The Complaint alleges a single violation of section 51 of the Unruh Civil Rights Act. (Compl., ¶7.) Moving Defendants filed the instant Demurrer to the Complaint on January 3, 2022. Plaintiff filed an opposition on Janaury 6, 2022. Discussion Plaintiff alleges that he is a quadriplegic and confined to a wheelchair. (Compl. ¶1.) Plaintiff allegedly visited Defendants' cafe, located at t 623 East 12th St...

Excerpt: ...e instant action for common counts against Defendant K&T Auto Trading, LLC (“Defendant K&T Auto”) and Kiet M. Le aka Lekiet M. aka Kiet Mingh Le (“Defendant Le”) (collectively, “Defendants”) on June 30, 2021. On August 20, 2021, Defendant K&T Auto filed an Answer to the Complaint. The Court entered Defendant Le's default on November 2, 2021. Plaintiff filed the instant Motion to Strike the Answer on November 10, 2021. To date, no oppo...

Excerpt: ...laintiff's counsel's motion to be relieved as counsel. (Minute Order, 07/14/20.) Proof of service of notice of the order was filed the next day. Defendant filed a Motion to Compel Plaintiff's Attendance at Deposition and Request for Sanctions on October 14, 2020 (“the first Motion to Compel Deposition”). The first Motion to Compel Deposition was denied on March 16, 2021. (Minute Order, 03/16/21.) Following service of a second deposition notic...