Excerpt: ...10, ET SEQ. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED. ANALYSIS: Petitioner Melissa Michaelson (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against 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 t...

Excerpt: ...OTICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio (“Plaintiff Aparicio”) and Martha Prado filed the instant action for motor vehicle negligence against Defendant Liam Hambel (“Defendant”) on May 23, 2022. Defendant filed an answer on October 7, 2022. On May 4, 2023, Plaintiff filed the instant Motion to Compel Further Responses to Request for Production of Documents. No opposition has been filed to date. Discussion Procedural Requi...

Excerpt: ...es liability, intentional tort, and premises liability against Defendant Cantwell Anderson, Inc. (“Defendant Cantwell”) and Frank Welch, Jr. (“Defendant Welch”) on August 17, 2020. Defendant Cantwell filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 4, 2023. No opposition has been filed to date. Discussion Allegations in the Complaint The Complaint alleges that Defendant Cantwell owns and leases the pro...

Excerpt: ...ert') and Diane Van der Linde (“Plaintiff Diane”) filed the instant action for breach of contract and negligence against Defendant AG Heating & Air Conditioning (“Defendant”) on June 10, 2021. Following unsuccessful attempts to take Defendant's default, it appeared in Court on April 6, 2023. (Minute Order, 04/06/23.) Defendant was ordered to file its responsive pleading by May 2, 2023. (Ibid.) Defendant filed the instant Demurrer to the C...

Excerpt: ... automobile subrogation against Defendant Oluwajuwon Ajayi ("Defendant') on October 20, 2021. Defendant filed an Answer on June 17, 2022. Plamtiff 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.) Plamtiff filed the instant Motion for J...

Excerpt: ...xcusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may include: ...

Excerpt: ...747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face ...

Excerpt: ...ff filed the instant Motion to Seal Court Records on April 5, 2023. To date, no opposition has been filed. Discussion Plamtiffbrings the instant Motion to Seal Records pursuant to Cal. Rules of Court, rule 2.550 and 2.551. These rules, however, specifically pertains to the procedures for filing records under seal. (Cal Rule of Court, rules 2.550(d) and 2.551 (b) (emphasis added).) There is nothing in these rules that supports an order to retroact...

Excerpt: ..., Howard Management Group ("Defendant HMG"), Daniel Sloan ("Defendant Sloan"), Gonzalo Olmedo dba Olmedo's Construction ("Defendant Olmedo") and Business Alliance Insurance Company ("Defendant BAIC") on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on October 22, 2019. Defendant WIR ...

Excerpt: ... action for automobile subrogation against Defendant Juan Corajoria ("Defendant') on September 6, 2018. On October 22, 2021, 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. (Order for Dismissal, 10/22/21.) Plamtiff filed the instant mo...

Excerpt: ... against Defendant Jonathan McDaniel ("Defendant") on January 30, 2020. Defendant filed an answer on March 17, 2022. On June 14, 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. (Order for Dismissal, 06/14/22.) Plamtiff filed the ...

Excerpt: ... Legal Remedies Act, Unfair Business Act, and Vehicle Code Section 11711 agamst Defendants FE Motors, Driveit Financial Services, Inc. dba Driveit Auto Group ("Cross- Complainant") and Hudson Insurance Company. On January 20, 2019, Cross-Complainant filed a cross- complaint against Cross-Defendants Seyedehfatemeh Olaei dba FE Motors, Seyed Ehsan Ayatollah dba FE Motors ("Cross-Defendants FE Motors"), and Hudson Insurance Company ("Cross-Defendant...

Excerpt: ...TOR MAY FILE AN OPPOSITION BY JULY 12, 2023. ANALYSIS: On July 13, 2006, Plaintiff Unifund CCR Partners ("Plaintiff') filed this action against Defendant Fariborz Khorrami ("Judgment Debton. Plaintiff filed a proof of substitute service of the Summons and Complaint on July 28, 2006. Following no response to the Complaint default judgment was entered agamst Judgment Debtor on October 24, 2006. The judgment was renewed on November 17, 2014 and Dece...

Excerpt: ...lthcare") on May 18, 2022. Plaintiff filed the first amended complaint on July 7, 2022, alleging the same causes of action against the same defendant Defendant Cigna Healthcare filed an answer on July 19, 2022. On February 14, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint Plamtifflater filed a doe amendment on March 22, 2023, adding Cigna Health and Life Insurance Company ("Defendant Cigna Health") as a def...

Excerpt: ...section 798.88 against Belen Mora ("Respondent') on May 19, 2022. Proof of personal service of the Petition was filed on July 27, 2022. The Petition initially came for hearing on September 22, 2022 at which time the matter was continued to November 17, 2022 to allow Petitioner to demonstrate proper notice. (Minute Order, 09/22/22.) Petitioner filed a Notice of Continuance on September 22, 2022 and proof of service of the same on September 30, 202...

Excerpt: ...August 23, 2013. On August 12, 2014, default judgment was entered in favor Judgment Creditor and agamst Judgment Debtor. Judgment Creditor filed the instant Motion For Order to Garnish the Judgment Debtors Spouse's Wages on November 9, 2022. The Motion came for hearing on February 21, 2023 and was continued to allow Plaintiff to file supplemental evidence. Plaintiff filed a supplemental declaration on April 27, 2023. To date, no opposition has be...

Excerpt: ...ht this action for motor vehilce neglience against Defendants Edward Joseph Rachel ("Defendant Rachal"), Jose Gonzalez ("Defendant Gonzalez"), and Manheim Investments, Inc. dba Manheim California ("Defendant Manheim") on June 7, 2021. Defendant Manheim filed an Answer on November 9, 2021. Defendant Manheim filed the instant Motion for Summary Judgment or in the alternative, Summary Adjudication on March 3, 2023. Plaintiffs filed an opposition on ...

Excerpt: ...lthcare") on May 18, 2022. The action is brought with respect to Defendants failure to pay following Plaintiffs provision of medical services. Plaintiff filed the first amended complaint on July 7, 2022, alleging the same causes of action agamst the same defendant. Defendant Cigna Healthcare filed an answer on July 19, 2022. On February 14, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint Plamtifflater filed a...

Excerpt: ...mber 02C00227 and Defendant filed an Answer on February 1, 2002. Following a motion for summary judgment, judgment was entered in Plaintiffs favor on March 7, 2002. The judgment was renewed on September 14, 2011, at which time the case number was changed to DOWI IC03590. The case number changed to LAMIICD3590 on March 15, 2013 and the judgment was renewed agam on May 17, 2021. An order for Appearance and Examination was scheduled for August 1, 20...

Excerpt: ...nt was entered agamst Judgment Debtor on June 22, 2022. On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. No opposition has been filed to date. Discussion Judgment Debtor moves pursuant to Code of Civil Procedure section 582.5, which states in relevant part: In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defen...

Excerpt: ...ant action for breach of retainer agreement against Defendant Abdelnour Mikhael ("Cross-Complainant') on October 20, 2022. Cross- Complainant filed an Answer and Cross-Complaint agamst on Cross-Defendants Gomez Law and James Hornbuckle ("Cross-Defendant Hornbuckle") January 23, 2023. The Cross-Complaint alleges causes of action for (1) fraud; (2) constructive fraud; (3) breach of fiduciary duV; (4) professional negligence; and (5) unjust enrichme...

Excerpt: ...ded complaint on February 14, 2023, adding six more causes of action and Defendant Anthem Blue Cross Life and Health Insurance Company ("Defendant Anthem"). On April 19, 2023, Defendant Blue Cross filed the instant demurrer to the first amended complaint. Plamtiff filed an opposition on April 24, 2023 and Defendant Blue Cross replied on May 15, 2023. Discussion The first amended complaint alleges causes of action for (1) quantum meruit, (2) breac...

Excerpt: ...ed complaint on February 14, 2023, adding six more causes of action and Defendant Anthem Blue Cross Life and Health Insurance Company ("Defendant Anthem'). On April 19, 2023, Defendant Blue Cross filed the instant demurrer to the first amended complaint. Plamtiff filed an opposition on April 24, 2023 and Defendant Blue Cross replied on May 15, 2023. Discussion The first amended complaint alleges causes of action for (1) quantum meruit, (2) breach...

Excerpt: ... this action against Defendant ADP TotalSource, Inc. ("Defendant"). The First Amended Complaint was filed on July 22, 2022 and added "Pegasus Asset Management Inc." ("Plaintiff Pegasus Asset') as a plaintiff. Defendant filed an answer to the First Amended Complaint on August 22, 2022. On September 26, 2022, Defendant filed fivo statutory offers to compromise pursuant to Code of Civil Procedure section 998. The statutory offers were subsequently r...

Excerpt: ...peakes, Jr. on December 15, 2022. Defendant filed an Answer on March 17, 2023. On March 28, 2023, Plaintiff filed the instant Demurrer to the Answer. Defendant filed an opposition to the Demurrer on April 12, 2023 and Plaintiff replied on May 10, 2023. Discussion The Demurrer is supported by a meet and confer declaration showing email commumcations bet'.veen the parties' attorneys. (Demurrer, Cohen Decl„ Exhs. 1-4.) This satisfies the meet and ...

Excerpt: ...s Association ("Plaintiff) and against Defendants Boniface C. Nwagbo and lane Doe Nwagbo ("Defendants") in Case No. CV2012-0471. The default judgment was entered in the principal sum of $2 261.10, attorneys fees in the amount of $1,100.00, and costs in the amount ofS518.49. (Motion, RIN, Exh. 2.) On April 14, 2017, this Court entered judgment based on the sister-state judgment in Case No. CV2012-0471. The Court previously granted two motions for ...

Excerpt: ...ter Defendant filed an demurrer to the complaint Plaintiff filed a first amended complaint on February 14, 2023, adding six more causes of action. On April 17, 2023, Defendant filed the instant demurrer to the first amended complaint Plaintiff filed an opposition on April 24, 2023 and Defendant replied on May 10, 2023. Discussion The first amended complaint alleges causes of action for (1) quantum meruit, (2) breach of implied contract, (3) breac...

Excerpt: ...ND PAYMENT 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: Plamtiff TCR Services, Inc. ("Plaintiff) filed the instant action for breach of construction contract and related claims against Defendants AWI Builders, Inc. ("Defendant AWI"), Great American Insurance Company and The Hanover Ins...

Excerpt: ...endant Hermela Belachew Bekele ("Defendant') on October 6, 2017. Defendant filed an answer on December 15, 2017. On September 26, 2019, 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. (Order for Dismissal, 09/26/19.) Plamtiff filed the...

Excerpt: ..., Inc. ("Defendant"). The First Amended Complaint was filed on July 22, 2022 and added "Pegasus Asset Management Inc." ("Plaintiff Pegasus Asset') as a plaintiff. Defendant filed an answer to the First Amended Complaint on August 22, 2022. On September 26, 2022, Defendant filed fivo statutory offers to compromise pursuant to Code of Civil Procedure section 998. The statutory offers were subsequently rejected. Plaintiff filed a Memorandum of Costs...

Excerpt: ...lleges that Plamtiff represented the Gentle defendants in a personal injuty action that ultimately settled. (Compl., "6-8.) However, an alleged dispute over the distribution of the settlement funds has arisen betw•een the Gentle Defendants and Defendant Martin that Plaintiff is unable to resolve. (ld. at "11-17.) Plaintiff brings the instant action to interplead the settlement funds and allow Defendants to resolve the dispute betw•een themsel...

Excerpt: ...ALYSIS: Plamtiff Egal Shahbaz ("Judgment Debtor") filed the instant action for discrimination on the basis of disability against Defendant SAB Investment Property, LLC ("Judgment Crediton on November 9, 2018. On February 19, 2020, the Court granted Judgment Creditor's Motions to Compel Responses to the Special Interrogatories and Requests for Production. (Minute Order, 2/19/20.) Following Judgment Debtor's failure to comply with the Courts discov...

Excerpt: ...THOUSE. ANALYSIS: On November 1 , 2022, Plaintiff Clara Vastagh ("Plaintiff) filed this action for (1) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code S 1788, et seq_; (2) violation of the Unfair Competition Law, Cal. Bus. & Prof. Code S 17200: et seq.; and (3) violation of Cal. CIV. Code 5 1747.50, etseq_ against Defendants T-Mobile, USA Inc. ("Defendant T-Mobile") and Convergent Outcomes, Inc. ("Defendant COI")_ Pl...

Excerpt: ...020, Plaintiff State Farm Mutual Automobile Insurance Company ("Plaintiff') filed this action agamst Defendant Rick Lau ("Defendant") for automobile subrogation. Defendant filed an answer on March 13, 2020. On January 3, 2023, the Court granted Plaintiffs (1) Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and for Monetary Sanctions. (Minute ...

Excerpt: ...bitration Award in favor of Kenneth H. South ("Petitioner") and against Citigroup Global Markets, Inc ("Citi"). The Award specifically required that Financial Indusüy Regulatoty Authority ("FINRA") be named as an additional party when judicial confirmation of the Award was sought. On December 29, 2022, Petitioner filed the instant Petition to Confirm Arbitration Award (the "Petition"). Citi and FINRA (hereinafter referred to collectively as "Res...

Excerpt: ...on Award in favor of Kenneth H. South ("Petitioner") and against Oppenheimer & Co„ Inc. ("Oppenheimen. The Award specifically required that Financial Industry Regulatory Authority ("FINRA") be named as an additional party when judicial confirmation of the Award was sought. On December 29, 2022, Petitioner filed the instant Petition to Confirm Arbitration Award (the "Petition"). Oppenheimer and FINRA (hereinafter referred to collectively as "Res...

Excerpt: ...es to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Code Civ. Proc., S 664.6...

Excerpt: ...ts Homeowners Association ("Judgment Creditor") filed an application for entry of sister state judgment against Judgment Debtors 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 Creditors motion to amend the judgment to reflect the correct amount of attorneys fees and co...

Excerpt: ...ario Aceves, and Adnan Aceves ("Defendant') on January 18, 2018. Sergio Porras and Rosario Aceves were dismissed from this action on July 2, 2019 and August 30, 2019, respectively. On December 23, 2019, 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...

Excerpt: ... 4, 2010. On September 25, 2015, assignment of judgment was filed naming Pacific Credit Exchange ("Judgment Assignee") as the judgment assignee. The judgment was renewed on July 23, 2020 and the Notice of Renewal of Judgment was sewed on Defendant on December 10, 2020. (Proof of Service, filed 01/27/21.) Defendant, in per, filed a motion to vacate default judgment on April 26, 2021. The motion was not opposed and following the hearing, the Court ...

Excerpt: ...tant action for automobile subrogation against Mehdi Ghorbani ("Defendant') and Madina Buiucli on November 13, 2018. On October 12, 2021, Plaintiff dismissed Madina Buiucli from the action. On October 29, 2021, 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 jurisdi...

Excerpt: ...e instant Motion for Summary Judgment against Defendant on March 6, 2023. Defendant filed an opposition on April 13, 2023 and Plaintiff filed documents on April 20, 2023. Discussion Plamtiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., Ill.) He further alleges that on December 29, 2020, he visited "Pizza Hut" located at 1219 N. Atlantic Blvd„ Alhambra, Califorma ("the Store"). (ld. ...

Excerpt: ...O SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Minjing Wang ("Petitioner") filed the instant Petition to Confirm Arbitration Award agamst Respondent Automation Alliance Group, LLC ("Respondent") on February 10, 2023. No proof of service of the Petition and Notice of Hearmg has been filed. Nor has any response to the Petition been filed to Legal Standard "Any party to an arbitration in which an award has been made may petiti...

Excerpt: ... Defendants Elama Destini Hernandez ("Defendant") and Tina Gonzalez on August 3, 2020. Defendant filed an Answer on October 2, 2020. On July 25, 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 July 27, 2022. (Stip and Order for Dismissal, 07/25...

Excerpt: ...dant") on April 2, 2019. Defendant filed an Answer to the Complaint on September 24, 2019. On December 1, 2021, the Court denied Defendants Motion to Reclassi$ this action to a court of limited jurisdiction. (Minute Order, 12/01/21.) Upon reconsideration, however, the Motion to Reclassi$r was granted on February 14, 2022. (Minute Order, 02/14/22.) Plamtiff filed a Motion for Judgment on the Pleadings mth respect to the Answer, which the Court gra...

Excerpt: ...n this action agamst Defendants Jimmy E's Bar & Grill, Jimmy Eleopoulos dba Jimmy E's Bar & Grill, Jimmy E's Inc. ("Defendant Jimmy E's"), and Mitchell Land & Improvement Co. ("Defendant Mitchell Land"). The Complaint alleged breach of contract common counts, and foreclosure of mechanic's lien. Defendants Jimmy E's and Mitchell Land filed an Answer and Cross-Complaint on October 30, 2020. The Cross- Complaint was brought against Plaintiff and Ame...

Excerpt: ...IED. ANALYSIS: Plamtiff State Farm Mutual Automobile Insurance Company ("Plaintiff') filed the instant action for automobile subrogation against Defendant Miraldo Noncil ("Defendant") on June 29, 2018. Defendant filed an Answer on August 21, 2018. On November 10, 2021, 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 ...

Excerpt: ... Plaintiff Allison Ayala ("Plaintiff') filed this action for motor vehicle negligence agamst Defendant Jean Nguyen ("Defendant'). Defendant filed an answer on March 3, 2022. Plamtiff filed the instant motion to reclassify the action to a court of unlimited jurisdiction on March 28, 2023. To date, no opposition has been filed to the motion. Discussion Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification ...

Excerpt: ...EIVERS DEPARTMENT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ANALYSIS: Plamtiff Thomas Tarbutton ("Plaintiff), in pro per, filed this action for negligence due to violation of the California Public Records Act ("CPRA") against Defendant The State Bar of California ("Defendant') on October 31, 2022. Defendant filed the instant Demurrer to the Complaint on February 21, 2023. The Demurrer was origmally set for hearin...

Excerpt: ...TY AND PROPERTY INSURANCE COMPANY IS TO PRODUCE CODE- COMPLIANT FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NOS. 5- 10, WITHOUT OBJECTIONS, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF/CROSS- DEFENDANT ESURANCE CASUALTY AND PROPERTY INSURANCE COMPANY AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $991.65 TO COUNSEL FOR DEFENDANT/CROSS-COMPLAINANT ELI'S COLLISION REPAIR OF SOUTH BAY, INC. WIT...