Excerpt: ... Plaintiff Joy Hider, by and through their guardian ad litem, Marvo Hider (“minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Megan Jill Seagren (“Defendant”) on November 8, 2021. On August 1, 2022, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories and Requests for Production, and Requests for Sanctions against Plaintiff. (Minute Order, 08/01/22.) Defendan...

Excerpt: ...ch judgment was entered in Plaintiff's favor in the amount of $16,751.00 principal and $6,700.00 interest. (Minute Order, 09/27/22.) Plaintiff filed the instant Motion for Attorney's Fees on October 3, 2022. To date, no opposition has been filed. Discussion A prevailing party in entitled to recover costs, including attorneys' fees when authorized by contract. (Code Civ. Proc., § 1032, subd. (a)(4); § 1033.5, subd. (a)(10)(A).) Similarly, Code o...

Excerpt: ...IED. ANALYSIS: On August 10, 2021, Plaintiff Maria Elena Mancia (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Aida Abnoosian (“Defendant”). Defendant filed an Answer on January 18, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on September 20, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file...

Excerpt: ... against Defendants Om Foods Hollywood, Inc. (“Defendant Om Foods”) and Dipen Faldu (“Defendant Faldu”). The Complaint alleges a single cause of action for violation of section 51 of the Unruh Civil Rights Act (“the UCRA”). On November 29, 2022, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff filed a First Amended Complaint on December 1, 2022. Defendants filed Demurrer to the First Amended Co...

Excerpt: ...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, 2022. On Novem...

Excerpt: ...ed the instant action for motor vehicle negligence against Defendant Vanessa Moreno (“Defendant”). On August 22, 2022, Plaintiff filed a Notice of Related Case with respect to Moreno v. Palmer, LASC Case No. 22STSC01555 (“the Small Claims action”). The Small Claims action was filed by Defendant against Plaintiff on April 22, 2022 and assigned to Department 1A. (LASC Case No., 22STSC01555, Plaintiff's Claim, 04/22/22.) On June 21, 2022, th...

Excerpt: ...023. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Ameritas Investment Corporation (“Respondent”) on May 17, 2022. The Petition seeks to confirm the arbitration award issued on December 15, 2021 in favor of Petitioner, requiring expungement of all references to certain customer dispute informat...

Excerpt: ...e J. Andalon dba J. Andalon Trucking (“Defendant”) on April 15, 2019. On August 26, 2021, Plaintiff filed a copy of the 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 day. (Order - Dismissal, 08/26/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforc...

Excerpt: ...z (“Defendant”). Defendant filed an Answer on May 5, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on December 9, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross...

Excerpt: ...ant”). On August 5, 2019, Plaintiff filed the operative Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plainti...

Excerpt: ...e 6, 2022, the Court granted Defendant's Motion for Leave to File a Cross-Complaint. (Minute Order, 06/06/22.) The Cross-Complaint, filed on July 12, 2022, alleged claims for equitable indemnification, misrepresentation and conversion against Cross-Defendant Valerie Wilburn (“Cross-Defendant”). Defendant filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on October 26, 2022. No opposition has been filed...

Excerpt: ...Office of William H. Newkirk on August 1, 2022. Defendant filed a Demurrer to the Complaint on September 26, 2022. Prior to the hearing on the first Demurrer, Plaintiff filed the First Amended Complaint on October 13, 2022. Defendant filed the instant Demurrer to the First Amended Complaint on November 14, 2022. Plaintiff filed an opposition on December 21, 2022, and Defendant replied on December 30, 2022. Discussion The Demurrer is not accompani...

Excerpt: ...issued in favor of Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) and against John Bernard and Josh Shacher (“Respondents”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on September 1, 2022. Proof of service of the Petition was filed on September 16, 2022. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the ...

Excerpt: ...mplaint on September 15, 2021, dropping Emilia M. Rodriguez from the action. On January 10, 202, Defendant filed its Answer. The parties filed a Notice of Settlement on February 8, 2022 and requested entry of judgment pursuant to Code of Civil Procedure section 998 on May 26, 2022. Judgment on was entered on May 27, 2022. Plaintiff filed the instant Motion for Attorney's Fees and Costs on July 26, 2022. Defendant filed an opposition on October 17...

Excerpt: ...AINTIFF'S COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $540.00 TO DEFENSE COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Heuston Carcamo (“Plaintiff”) filed the instant action for breach of settlement agreement against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) June 3, 2022. Defendant answered the Complaint on July 26, 2022. On December 6, 2022, Defendant filed the instant ...

Excerpt: ... Defendant Unified Life Insurance Company (“Defendant”) on April 13, 2021. Defendant filed an Answer on June 9, 2021. On October 26, 2021, the action was reassigned to the Limited Jurisdiction Court. On October 10, 2022, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on December 8, 2022. Discussion The Complaint alleges causes of action for quantum meruit and breach of implied contract based on the foll...

Excerpt: ...dant Alexis Quezada (“Defendant”) on March 4, 2020. On August 26, 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 the next day. (Order for Settlement and Dismissal, 08/27/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Set...

Excerpt: ... (“Defendants”). Defendants filed the instant Demurrer to the Complaint on October 21, 2022. Plaintiffs filed an opposition on November 3, 2022 and Defendants replied on November 8, 2022. Discussion The Complaint alleges causes of action for (1) fraud; (2) conspiracy to defraud; (3) breach of fiduciary duty; and (4) conversion. Defendants demur to the Complaint for failure to allege facts sufficient to state a cause of action. (Citing Code Ci...

Excerpt: ...gree, or provide a list of three referees from which the Court will select the referee. Hearing on Appointment of Discovery Referee is CONTINUED TO JANUARY 17, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Procedural History Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendan...

Excerpt: ...amages on August 15, 2022. No opposition has been filed to date. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Procedure section 436. The Motion is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 435.5. (Motion, Palmer Decl., ¶¶3-4.) Defendant moves to strike the allegations and prayer for punitive damages on the grounds tha...

Excerpt: ...fendant Doris Anderson (“Defendant”). Defendant filed the instant response to the Petition, entitled “Demurrer to Plaintiff's Complaint” on June 16, 2022. However, the “Demurrer” is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court will treat the Motion as one for judgment on the pleadings. The Motion for Judgment on the Pleadings initially ...

Excerpt: ...inst Judgment Debtor Nathaniel D. Hayes (“Judgment Debtor”). The Application for Entry of Sister-State Judgment and Notice of Entry of Judgment were personally served on Judgment Debtor on August 25, 2022. (Proof of Service, filed 10/10/22.) On October 12, 2022, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. Judgment Creditor filed an opposition on October 28, 2022. The Motion was initially set for hearing on Novemb...

Excerpt: ... Enterprises, Inc. (“Plaintiff”) filed the instant action challenging a citation issued against it by the California Department of Public Health (“Defendant”) on June 22, 2020. Defendant CDPH filed an Answer on September 15, 2020. On December 3, 2021, Plaintiff filed another action against Defendant, in LASC Case No. 21STLC08555. Defendant filed the instant Motion to Consolidate the actions on November 7, 2022. Plaintiff filed an oppositi...

Excerpt: ...igue Law Group (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendant Maria A. Gonzalez, by and through her Guardian Ad Litem, Rosie Samples (“Defendant”) on December 7, 2021. Defendant answered on March 4, 2022 and filed the instant Motion for Judgment on the Pleadings on November 21, 2022. Plaintiff filed an opposition on December 8, 2022 and Defendant replied on December 12, 2022. Legal Standard The s...

Excerpt: ...st Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. The Petition initially came for hearing on October 20, 2022 and was continued to allow Petitioner to demonstrate proper service of the papers on Respondents. Petitioner filed a proof of service on the same date, then a declaration regarding service on November 10, 2022, and a Notice of Petition and proof of service on November 15, 2022. No r...

Excerpt: ...(“Defendant”). Defendant filed the instant response to the Petition, entitled “Demurrer to Plaintiff's Complaint” on June 16, 2022. However, the “Demurrer” is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court will treat the Motion as one for judgment on the pleadings. The Motion for Judgment on the Pleadings initially came for hearing on Jul...

Excerpt: ...vember 15, 2021, Defendant filed a noticed Motion for Non-suit, which was set to be heard on February 28, 2022. When Plaintiff failed to appear at trial on January 25, 2022, the Court dismissed the Complaint without prejudice and the hearing on the Motion for Non-suit was vacated. (Minute Order, 01/25/22.) On March 16, 2022, the Court granted Plaintiff's Motion to Vacate Dismissal, re-set Defendant's Motion for Non-suit to July 13, 2022, and set ...

Excerpt: ... Jerry Hilarie (“Defendant”) on December 9, 2021. Defendant filed an Answer on January 10, 2022 and an Amended Answer on February 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant on April 13, 2022. On June 6, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 06/06/22.) Plaintiff filed the i...

Excerpt: ...Defendants Daisy Perez and Jorge Perez (“Defendants”). Plaintiffs filed proofs of substitute service of the Summons and Complaint on April 17, 2019. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on May 12, 2020 and default judgment on July 8, 2021. On November 1, 2022, Defendants filed the instant Motion to Vacate Default and Default Judgment, and Motion to Quash Service. No opposition has been filed t...

Excerpt: ...g was filed on July 27, 2022. The Petition initially came for hearing on September 19, 2022 and was continued to allow Petitioner to correct certain defects. (Minute Order, 09/19/22.) Petitioner filed a Supplemental Petition and Proof of Service on October 6, 2022. 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 ...

Excerpt: ...quest for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeiture against Defendant Google, LLC (“Defendant”). Defen...

Excerpt: ...el Mena Juarez (“Defendant”) and Pedro Mena Hernandez on January 29, 2021. On March 8, 2022, Plaintiff filed a copy of the 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 Settlement and Dismissal, filed 03/08/22.) Plaintiff filed the instant Motion t...

Excerpt: ...led a First Amended Complaint against Defendants SES Builders, Inc. (“Defendant SES”), Eliram Eliran Susan (“Defendant Susan”), Nik F. Nikoukar (“Defendant Nikoukar”), and Sarvenaz Angha (“Defendant Angha”). On July 14, 2022, the Court sustained Defendants SES, Nioukar, and Angha's Demurrers to the First Amended Complaint with 20 days leave to amend. (Minute Order, 07/14/22.) Plaintiff filed a Second Amended Complaint solely again...

Excerpt: ...1 AND ENTERS DEFENDANTS' DEFAULT. PLAINTIFF IS TO FILE A REQUEST FOR DEFAULT JUDGMENT WITHIN 20 DAYS OF THIS ORDER. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Westlake Service, LLC dba Westlake Financial Services (“Plaintiff”) filed the instant action against Defendants Momentum Auto Group, LLC dba Momentum Auto Group and Damon Young aka Damon Ronald Young (“Defendants”) on August 25, 2021. Defendants filed an Answe...

Excerpt: ...do's default was entered on December 8, 2021. Defendant Ovando, in properia persona, filed the instant Motion to Vacate Default and Default Judgment on February 23, 2022. An opposition was filed on May 31, 2022, which the Court did not have an opportunity to review before the hearing on June 2, 2022. At the hearing, the Court continued the matter to December 2, 2022, finding that the Motion was not accompanied by a proof of service. (Minute Order...

Excerpt: ...��Defendant”) on April 4, 2022. Defendant filed an Answer in properia persona on May 12, 2022. On September 12, 2022, 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. 100221035, is...

Excerpt: ...te. Discussion The Complaint asserts causes of action for (1) breach of contract; (2) unfair business practices; and (3) defamation. Defendant demurs to each cause of action in the Complaint for failure to allege sufficient facts to state a cause of action and as barred by the statute of limitations. (Code Civ. Proc., § 430.10, subd. (e).) The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section...

Excerpt: ...ada (“Defendant”). Defendant filed the instant Demurrer to the Complaint and Motion to Strike Complaint on October 25, 2022. Plaintiff filed oppositions on November 8, 2022 and Defendant replied on November 9, 2022. Discussion Initially, the Court notes that the Demurrer to the Complaint and Motion to Strike Complaint are brought on the same grounds: failure to allege sufficient facts to support the request for punitive damages. (Demurrer, pp...

Excerpt: ...t, the Court entered their default on December 18, 2019 and default judgment on July 2, 2021. On August 30, 2022, the Court granted Defendant Bademyan's Motion to Vacate Default and Default Judgment. (Minute Order, 08/30/22.) Upon order of the court, Defendant Bademyan's proposed Answer to the Complaint was filed on the same date. (Ibid.) Defendant Bademyan then filed the instant Demurrer to the Complaint on September 1, 2022. The Court ordered t...

Excerpt: ... DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Writers Guild of America, West, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents Divorce Party Productions, LLC (“Respondent Divorce Party”) and Ryan Johnson (“Respondent Johnson”) (collectively, “Respondents”). This action arises out the parties' dispute over minimum and residual compensation owed t...

Excerpt: ...ndominium Association (“Plaintiff”) and against Defendants William J. Miscione and Diane T. Miscione (“Defendants”). Pursuant to Plaintiff's Application for Entry of Sister State Judgment, on November 21, 2016, this court entered judgment against Defendants in the amount of $9,816.90. On February 1, 2018, Plaintiff filed a Motion for Award of Attorney's Fees and Costs, which the Court granted on March 5, 2018 in the amount of $4,354.50. (...

Excerpt: ..., 2022. ANALYSIS: Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), 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 Septembe...

Excerpt: ...APC's Motion for Order Compelling Further Responses to Request for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeitu...

Excerpt: ...Defendant filed the instant Motion to Strike Portions of Complaint on August 29, 2022. Plaintiff filed an untimely opposition on November 16, 2022 and Defendant replied on November 21, 2022. To the extent Defendant was able to file a substantive reply to the opposition, the Court finds no prejudice from it being untimely. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Pr...

Excerpt: ... California Department of Public Health. (“Defendant CDPH”) and others on August 17, 2021. Defendant CDPH filed an Answer on September 16, 2021. On October 10, 2022, Defendant CDPH filed a Notice of Related Case with respect to Lakeview Terrace Skilled Nursing Facility, LLC dba Lakeview Terrace v. California Department of Public Health of the State of California, et.al., LASC Case No. 21STLC07031. Defendant CDPH filed the instant Motion to Co...

Excerpt: ...n against Defendants Om Foods Hollywood, Inc. (“Defendant Om Foods”) and Dipen Faldu (“Defendant Faldu”). The Complaint alleges a single cause of action for violation of section 51 of the Unruh Civil Rights Act (“the UCRA”). On October 20, 2022, Defendants filed the instant Demurrers to the Complaint. Plaintiff filed oppositions on October 25, 2022 and Defendants replied on November 7, 2022. Discussion The Complaint alleges the follow...

Excerpt: ...(erroneously sued as Diaz Bros Trucking) (“Defendant”) on June 30, 2021. Defendant filed an Answer on August 18, 2021. Plaintiff's request for entry of default, filed on August 24, 2021, was rejected due to the filing of the Answer. On September 9, 2022, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges causes of action for breach of express contract and breach of i...

Excerpt: ...NG DISMISSED. ANALYSIS: Petitioner Forward Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Chloe's Outlet Corporation dba Chloe's Discount Outlet (“Respondent Chloe's Outlet”) and Evelin Andino (“Respondent Andino”) on July 18, 2022. 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 conf...

Excerpt: ...ENT PER ANNUM FROM THE 30TH DAY AFTER SERVICE OF THE AWARD. RESPONDENTS TO FILE PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On April 26, 2022, Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondents Erina Gilerman (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). No proof of service of the Petition or Not...

Excerpt: ... Shertell aka Norm Shertell (“Defendant”) on April 2, 2019. Defendant filed an Answer to the Complaint on September 24, 2019. On December 1, 2021, the Court denied Defendant's Motion to Reclassify this action to a court of limited jurisdiction. (Minute Order, 12/01/21.) Upon reconsideration, however, the Motion to Reclassify was granted on February 14, 2022. (Minute Order, 02/14/22.) Plaintiff filed the instant Motion for Judgment on the Plea...