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Judge: Windham, Mark E x
2023.11.27 Motion for Attorney Fees 536
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ...tion for violation of the Consumers Legal Remedies Act, Unfair Business Act, and Vehicle Code Section 11711 against 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”), an...
2023.11.22 Motion to Compel Further Responses, for Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.22
Excerpt: ... WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT LIAM HAMBEL AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $827.00 TO PLAINTIFFS' COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on O...
2023.11.22 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.22
Excerpt: ...rder, Decision, or Award of the Labor Commissioner. On January 7, 2021, Petitioner filed a Notice of Assignment of Judgment, naming Creative Recovery Concepts, Inc. (“Judgment Assignee”) as Assignee of Record. On August 5, 2021, Judgment Assignee filed an Application and Order for Appearance and Examination, which was set for hearing on February 7, 2022. On February 7, 2022, counsel for Respondent appeared and indicated that a Motion to Quash...
2023.11.22 Motion for Attorney Fees 068
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.22
Excerpt: ...Judgment Debtor Javier Carrizales (“Judgment Debtor”) on January 3, 2023. The Court entered judgment in the principal amount of $11,954.70 on the same day. Judgment Creditor filed the instant Motion for Attorney Fees and Costs on September 5, 2023. No opposition has been filed to date. Discussion Request for Judicial Notice Judgment Creditor asks the Court to take judicial notice of the following: (1) the relevant portions of the Master Decla...
2023.11.21 Motion to Strike 477
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.21
Excerpt: ...he Complaint and the instant Motion to Strike Portions of the Complaint on August 31, 2023. Plaintiff filed an opposition with objections on November 6, 2023 and Defendants replied on November 9, 2023. Discussion As an initial matter, Plaintiff's objections to the declaration of defense counsel, Laura Matteis, Esq. regarding evidence in support of the claim for punitive damages are sustained. Defendants bring the instant Motion to Strike Plaintif...
2023.11.20 Petition to Confirm Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.20
Excerpt: ...(the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 2023. The Petition initially came for hearing on September 18, 2023 and was continued to allow Petitioner to file proof of service of the Petition and arbitration award on Respondent Cash Cards Unlimited, Inc. in compliance with the statutory requirements. (Minute Order, 09/18/23, p. 1.) On October 31, 2023, Petitioner filed a sup...
2023.11.20 Motion to Enter Judgment 669
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.20
Excerpt: ...er 13, 2021, Plaintiff filed a Notice of Settlement. Nothing was filed in the action until more than a year-and-a-half later on March 15, 2023, when Plaintiff filed the instant Motion to Enter Judgment. The Motion was initially set for hearing on May 31, 2023 in Department Y of the Norwalk Courthouse at which time Defendant made his first appearance. (Minute Order, 05/31/23.) Prior to hearing the Motion, the Court determined that the action shoul...
2023.11.20 Motion for Attorney Fees 151
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.20
Excerpt: ...dgment in favor of Plaintiff Greenway Parc at Surprise One Community Association (“Plaintiff”) and against Defendants Elvira Telles and John Doe Telles (“Defendants”) in Greenway Parc at Surprise One Community Association v. Elvira Telles and John Doe Telles, Case No. CC2013-187257. The default judgment was entered in the principal sum of $3,363.36, attorney's fees of $1,330.00, and costs of $292.72. (Motion, RJN, Exh. 2.) On September 13...
2023.11.16 Motion to Amend Judgment 601
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.16
Excerpt: ...gment Creditor”) filed the instant action against Defendants Navpeak, Inc. dba Stunner California (“Judgment Debtor Navpeak”) and Sebastian Schildhorn (“Judgment Debtor Schildhorn”). Default judgment was entered against Judgment Debtors on February 27, 2023. On July 26, 2023, Judgment Creditor filed the instant Motion to Amend Judgment. The Motion came for hearing on October 19, 2023 at which time Judgment Creditor appeared and requeste...
2023.11.15 Motion for Terminating Sanctions 836
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.15
Excerpt: ...negligence against Defendant Rachel Nicole Lee (“Defendant”) on August 9, 2021. Defendant filed an answer on May 4, 2022. On June 27, 2022, the Court granted Plaintiff's counsel's motion to be relieved. (Minute Order, 06/27/22.) On May 3, 2023, the Court granted Defendant's Motion to Compel Responses to Form Interrogatories, and Request for Sanctions, and Motion to Compel Responses to Demand for Inspection, and Request for Sanctions. (Minute ...
2023.11.14 Motion for Attorney Fees 672
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.14
Excerpt: ...vil Procedure sections 1281.97 and 1281.99 against Defendant M&N Financing Corporation (“Defendant”). Following Defendant's failure to file a responsive pleading, the Court entered its default. Default judgment was entered against Defendant on July 13, 2023. On August 24, 2023, Plaintiff filed the instant Motion for Attorney's Fees. No opposition has been filed to date. Discussion Entitlement to Attorney's Fees Plaintiff moves for attorney's ...
2023.11.14 Motion to Compel Deposition 011
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.14
Excerpt: ...NSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On June 1, 2022, Plaintiffs Sarkis Ghazaryan (“Plaintiff”) filed this motor vehicle action against Defendant Karla Nadine Kennedy (“Defendant”). Defendant filed an answer on July 12, 2022. On October 6, 2022, the case was reassigned to the limited jurisdiction court and following a trial setting conference, set for trial on November 29, 2023. (Minute Order, 03/29/23.) Plaintiff filed a substitu...
2023.11.14 Petition to Confirm Arbitration Award 232
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.14
Excerpt: ...n to Confirm Arbitration Award against Respondent James Dunn, Jr. (“Respondent”) on June 26, 2023. No response to the Petition has been filed to date. Legal Standard The instant Petition relates to attorney-client fee arbitration under Code of Civil Procedure section 6203. The “arbitration award shall become binding upon the passage of 30 days after service of notice of the award, unless a party has, within the 30 days, sought a trial after...
2023.11.13 Motion to Reclassify 385
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.13
Excerpt: ...ivil court and reclassified as a limited civil case on November 8, 2021. (Minute Order, 11/08/21.) An order to show cause regarding failure to file proof of service was scheduled and then continued multiple times in the limited court until August 30, 2022, with warning to Plaintiff that failure to appear might result in dismissal of the action. When Plaintiff failed to appear on August 30, 2022, the Court dismissed the action without prejudice. (...
2023.10.26 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...E IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED. ANALYSIS: On January 19, 2021, an Arbitration Award was issued in favor of Interinsurance Exchange of the Automobile Club (“Petitioner”) and against Geico Casualty Insurance Company (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2023. No response has been filed to d...
2023.10.26 Motion for Summary Judgment 605
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...“Defendant”) on July 11, 2022. Defendant filed an answer in properia persona on September 26, 2022. On March 8, 2023, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order, 03/08/23.) On August 10, 2023, 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 bond application/indemnity...
2023.10.26 Demurrer to FAC 330
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...ndant”). The First Amended Complaint, also alleging a single cause of action for breach of lease agreement, was filed on October 6, 2022. On June 22, 2023, the Court denied Defendant's motion to quash service and ordered Defendant to file a responsive pleading within 20 days. (Minute Order, 06/22/23.) On July 19, 2023, Defendant filed the instant Demurrer to the First Amended Complaint. Plaintiff filed an opposition on October 3, 2023. Discussi...
2023.10.25 Motions to Compel Further Responses, for Sanctions 809
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.25
Excerpt: ..., WITHOUT OBJECTIONS, WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT NEW MANAGEMENT, LLC IS ALSO ORDERED TO PAY SANCTIONS OF $560.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On July 21, 2022, Plaintiff Totum Corporation (“Plaintiff”) filed this action for breach of contract and common counts against Defendant New Management, LLC (“Defendant”). Following entry of default against Defendant, the parties stipu...
2023.10.25 Demurrer 962
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.25
Excerpt: ...IVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ANALYSIS: Plaintiff Healthcare Ally Management of California, LLC (“Plaintiff”) brought this action against Defendant United Healthcare Services, Inc. (“Defendant”) on June 21, 2023. On September 20, 2023, Defendant f...
2023.10.24 Petition to Confirm Arbitration Award 387
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.24
Excerpt: ...aring on April 26, 2023, at which time it was continued to allow Petitioner to file proof of service of the Petition and the notice of hearing in accordance with the Code of Civil Procedure. (Minute Order, 04/26/23.) Petitioner filed proof of service and a notice of hearing on May 1, 2023. At the hearing on June 28, 2023, the Court again found that service was not proper. Specifically, that “[t]he proof of service and notice of hearing filed on...
2023.10.23 Motion to Quash Writ of Execution 684
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.23
Excerpt: ...ants on August 12, 2013 and renewed on September 12, 2022. On March 21, 2023, Plaintiff filed a writ of execution to enforce the judgment against Defendants Moreno, Rivera, and Arcos. Non-party Rony Estuardo Zarco (“Zarco”) served a claim of exemption on April 26, 2023 and an opposition was filed by Plaintiff on May 24, 2023. It is not clear that the claim of exemption was ever filed with the Court because it is not available through the Cour...
2023.10.19 Petition to Confirm Arbitration Award 110
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.19
Excerpt: ...ULT IN THE PETITION BEING DENIED. ANALYSIS: On August 18, 2022, an Arbitration Award was issued in favor of Petitioner Qiang Fang (“Petitioner”) and against Respondent Thomas T. Chen (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 15, 2023. No response has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court ...
2023.10.19 Demurrer, Motion to Strike 572
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.19
Excerpt: ... Law Firm (“Cross-Defendant”) filed the instant action for breach of contract, fraud, promissory estoppel, and conversion against Defendants Vera Roca, LLC (“Cross-Complainant Vera Roca”) and Pablo Vera (“Cross-Complainant Vera”) 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...
2023.10.18 Motion to Vacate Default Judgment and Dismiss Defendant 296
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.18
Excerpt: ...��) and Antionette Shannon (“Defendant Shannon”). Following Defendants' failure to file responsive pleadings, the Court entered default judgment in Plaintiff's favor on July 16, 2013. On June 27, 2023, Plaintiff filed an Application for Renewal of Judgment with respect to Defendant Williams; the judgment was renewed on June 28, 2023. On August 1, 2023, Plaintiff filed the instant Motion to Reinstate Expired Judgment and Renew Judgment. No opp...
2023.10.17 Petition to Confirm Arbitration Award 380
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.17
Excerpt: ...LE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioners Richard Jackman and Harry Barth (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jeffrey Rosenberry, individually and on behalf of Antietam Holdings, LP (“Respondent Rosenberry”) and FINRA Regulation, Inc. (“Respondent FINRA”) on July 7, 2023. The Petition seeks to confirm the arbitration award issued on February 17, 2...

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