Excerpt: ...that the dog who bit him, “Remy,” was owned by Defendants David Rosenbaum and Lynsey Leoncavallo (“Defendants”). Plaintiff filed his complaint on November 15, 2016. Plaintiff filed the operative First Amended Complaint on May 25, 2017 alleging causes of action for (1) strict liability, (2) negligence, and (3) premises liability. The First Amended Complaint seeks general and special damages for all three causes of action, as well as puniti...

Excerpt: ...verified responses on Defendant. This matter was first set for hearing on February 13, 2018, but was continued to the current hearing date of March 13, 2018. On October 12, 2017, Defendant served on Plaintiff the requests for admission. Responses were due on November 11, 2017. On November 15, 2017, Plaintiff served unverified response to the Requests for Admission. Defense Counsel allowed Plaintiff a 30‐day extension to serve verified responses...

Excerpt: ...gs (“Plaintiff”) has filed two motions to compel responses from Defendant Daniel Fayad (“Defendant”) for: (1) Request for Production of Documents (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one. In addition, Plaintiff has filed a third motion to deem admitted the truth of the matters specified in the Request for Admissions (“RFA”), set one. Plaintiff also requests sanctions for Defendant's failure to respond. ...

Excerpt: ... Hospital and Medical Center (“Defendants”) based on allegations of medical negligence. She alleges that beginning in March of 2015, she placed herself under the care of Defendants, but that they negligently provided care and treatment to her, causing her injury. Plaintiff is pursuing a claim of professional negligence against all defendants. Defendant Naghmeh Khodai, M.D. (“Dr. Khodai”) moves for summary judgment against Plaintiff and he...

Excerpt: ...sts the Court to set aside the dismissal entered on August 24, 2017. The instant motion was filed on February 20, 2018, and thus is timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for FSC and Trial because he failed to calendar both dates. (Manukyan Decl., at ¶ 2.) Counsel states that he has been actively pursuing this matter in attempting to serve the statement of damages on Defendant so that Defa...

Excerpt: ...OG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one. Defendants also request sanctions for Plaintiff's failure to respond. The Court notes that Plaintiff's counsel was relieved by Court Order on November 30, 2018, and it became effective upon service of Plaintiff that same day. On June 5, 2017, Defendants served the discovery requests on Plaintiff. As of December 29,...

Excerpt: ...res (“Defendant” or “Flores”) while he was working within the scope of employment of Defendant Best Tec. The incident occurred on November 27, 2015. The complaint, filed September 19, 2017, alleges causes of action for motor vehicle and negligence. Plaintiff moves for an order compelling Defendant Flores to submit to his deposition and for sanctions against Defendant and his attorneys of record. Defendant has filed an opposition, and Plai...

Excerpt: ...occurred on March 24, 2015. Defendant Ralphs Grocery Company (“Defendant”) seeks to enforce subpoenas served on nonparties Los Angeles County Department of Mental Health and Didi Hirsch Mental Health Center. Both non- parties refused to produce records without a court order or a signed authorization from Plaintiff Cecelia Kleiner (“Plaintiff”). In the alternative, Defendant seeks an order compelling Plaintiff to sign the authorizations fo...

Excerpt: ...or vehicle collision caused by Defendant Michael Valenzuela, Jr. Plaintiffs also allege that Defendants Natalie Figueroa and Michael O'Brien owned the vehicle driven by Defendant Valenzuela. Plaintiffs filed a complaint alleging a cause of action for negligence against Defendants. The complaint bears a file stamp date of October 20, 2017. The filing stamp of October 20, 2017 makes the complaint defective on its face as filed outside the two-year ...

Excerpt: ... February 3, 2017 against Defendants Rogelio Garcia, Ruan Transportation Management Systems, Inc., and Does 1 through 50, alleging causes of action for motor vehicle and general negligence. Defendants moves for an order compelling Plaintiff to attend his deposition on or before March 15, 2018. Defendants also request monetary sanctions. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD Pursuant to CCP §2025.450, if after servic...

Excerpt: ... and Does 1-50 (“Defendants”). Plaintiff alleges Defendants caused the vehicle to be negligently operated so that it collided with Plaintiff Delgado's vehicle and caused her injury. The complaint, filed September 20, 2017, alleges causes of action for negligence and negligence per se. On January 23, 2018, proposed Intervenor County of Los Angeles (“County”) filed a petition for leave to intervene pursuant to Labor Code, §3852. County sta...

Excerpt: ...ber 6, 2017, alleges causes of action for: (1) motor vehicle; and (2) negligence. Defendant moves to strike paragraph 14a subsection (2) which prays for punitive damages. (Compl. at pg. 3.) Defendant argues that the request for punitive damages should be stricken because Plaintiff has not properly pled any cause of action that would support the recovery of punitive damages. The motion is unopposed. The allegations of the complaint are devoid of a...

Excerpt: ...dant and Defendant's counsel are ordered to pay sanctions in the amount of $900.00 to Plaintiff within 20 days of the written notice of this order. Motion to Compel Responses to Form and Special Interrogatories Plaintiff Mario Flakes (“Plaintiff”) moves to compel responses to form and special interrogatories from Defendant. Plaintiff served the form and special interrogatories on September 15, 2017. (Mehrban Decl. ¶ 3.) Before preparing this...

Excerpt: ...vin Carter (“Plaintiff”) filed a complaint against Defendants Bank of America, N.A., erroneously sued as Bank of America Corp., (the “Bank” or “Defendant”), Baldwin Hills Investors, Ltd., Doe Security Company, and Does 1‐100 (collectively, “Defendants”), alleging causes of action for (1) general negligence, and (2) premises liability. On August 24, 2017, the court issued an order sustaining the Bank's demurrer to Plaintiff's com...

Excerpt: ... of the petition on the opposing party. The Court noted this lack of such proof of service in the Court's December 15, 2017 tentative ruling, which has not been remedied. 2. The attorney declarations which form Attachment 14A are neither signed nor dated. 3. Petitioner must revise the petition to correctly state what portion of the settlement will be designated exclusively for L.W and what portion will be designated for co-Plaintiff Elizabeth Wal...

Excerpt: ...eed to pay Petitioner for professional services rendered pursuant to the agreement. Respondent breached the agreement by failing and refusing to pay the balance due and owing in the amount of $23,308.95. Petitioner now moves to compel arbitration pursuant to the terms of the agreement. Petitioner argues that the Court should compel Respondent to arbitration in accordance with the parties' express agreement. Petitioner argues that there has been n...

Excerpt: ...nt Norman Audilio Moreno on June 17, 2014. The complaint, filed March 15, 2016, alleges a single cause of action for motor vehicle negligence. Plaintiffs filed the instant motion on January 24, 2018 to compel the production of various documents. Plaintiffs initially requested the documents in a subpoena of the Defendant for his deposition and production of documents. Plaintiffs state that these documents were not produced at the deposition. Plain...

Excerpt: ...Demand for Inspection and Production of Documents (“DIPD”), set one; and (2) Special Interrogatories (“SROG”), set one. On October 18, 2017, Defendant served on Plaintiff the discovery requests. As of the filing of the motions, Defendant states that Defendant has not received responses from Plaintiff. Defendant allowed plaintiff's counsel several extensions but did not receive any discovery responses. On January 2, 2018, plaintiff's couns...

Excerpt: ...Pat Hanley (“Defendant”). The incident occurred on July 26, 2014. The complaint, filed July 14, 2016, alleges causes of action for motor vehicle and negligence. Defendant moves for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff and her counsel Siamak Vaziri. Plaintiff has filed an opposition. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action...

Excerpt: ...sit on August 11, 2015. He alleges that Defendant negligently performed dental treatment, which resulted in Plaintiff experiencing pain and numbness of the jaw. The Complaint, filed August 1, 2016, alleges a single cause of action for dental malpractice. LEGAL STANDARD A defendant moving for summary judgment has the burden of proving that one or more elements of a cause of action cannot be established or that there is a complete defense to a caus...

Excerpt: ...o (passenger, “Kathleen”), and Jillian Zambrano (back seat passenger, “Jillian”) and Defendants Andrew Drobot and the City of Redondo Beach. The accident occurred while a police officer of the Redondo City Police Department was pursuing Defendant Drobot, who was driving in a black jaguar. Plaintiffs contend that the officer was negligent in pursuing Drobot at high speeds in a residential neighborhood. During this pursuit, Drobot caused hi...

Excerpt: ...t of a collision between her vehicle and a vehicle operated by Defendant Rafael Vargas while acting in the scope of employment of Defendant Plumbing System Est, Inc. The complaint, filed March 9, 2017, alleges causes of action for: (1) negligence; (2) respondeat superior; and (3) negligent entrustment. Plaintiff moves to quash or limit Defendants' subpoenas for production of business records to: (1) 21 st Century Insurance Company, for Plaintiff'...

Excerpt: ...alleges he used to work for a now defunct entity named Cater House. Plaintiff alleges Defendants Walter Pao and Freda Yang were the principals of Cater House. Plaintiff alleges the Labor Commissioner brought an action against Cater House on behalf of its employees, for unpaid wages and other Labor Code violations, and that a judgment in Plaintiff's favor for $5,318.27 was subsequently recorded. However, Plaintiff alleges Cater House dissolved in ...

Excerpt: ...ch of contract case. Plaintiff Goodson Real Estate Co. alleges Defendant Elite Building Materials violated its contract by untimely delivering damaged doors that Plaintiff had ordered. Legal Standard Interrogatories Where there has been no timely response to interrogatories served under CCP § 2030.010, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time ...

Excerpt: ...r 5, 2017 to October 5, 2019. $7.12 shall be paid on or before November 5, 2019. Defendant had made $600 in payments but have since defaulted on the terms of the settlement for the payment due June 2017. Plaintiff moves the court to enforce the settlement in the amount of $6,124.15. The amount is made up of the $5,207.12 in unpaid principal, $602.03 interest, and $315 in costs for filing and service. DISCUSSION Pursuant to C.C.P. § 664.6: “If ...

Excerpt: ...0f000300440051004700 00530044004c00470003>within 30 days thereafter. In doing so, the parties agreed “to a complete mutual release of all claims, known and unknown, and hereby waive section 1542.” See Stipulation re Settlement at p. 1. The parties also requested and agreed “to this Court's continuing jurisdiction under C.C.P. 664.6, and further agree to enforcement of this agreement by motion with attorney fees awarded to prevailing party d...

Excerpt: ...d to pay the required fees. On June 13, 2016 the Court granted Plaintiff's motion to enforce court order compelling arbitration and sanctions. On December 23, 2016 the Court granted sanctions against Defendant in the amount of $1,500. On January 9, 2017 Plaintiff sent an email to Defendant proposing to arbitrate with the Honorable Charles G. Rubin. Plaintiff thought this would be a better solution based on Defendant's expressed concerns that AAA ...

Excerpt: ...�); Lisa Ficarra (“Ficarra”); Charles Dilluvio (“Dilluvio”); and Does 1 to 10 for breach of contract, fraudulent conversion, and misrepresentation. On January 26, 2018, Defendants Seacor Capital, Ficarra, and Dilluvio (collectively “Defendants”) filed the instant motion to quash deposition subpoena. Plaintiff filed an opposition on February 13, 2018. Defendants filed a reply on February 20, 2018. Legal Standard CCP § 2017(a) allows d...

Excerpt: ...stipulation to continue trial. However, the Court did not sign the stipulation, and called the matter for trial on May 15. Since no parties were present, the matter was dismissed. On October 5, 2017, the Court granted Plaintiff's motion to vacate the dismissal, and set trial for April 5, 2018. Defendant now seeks to take Plaintiff's deposition. CCP § 2024.050 states: (a) On motion of any party, the court may grant leave to reopen discovery after...

Excerpt: ...ject property and Defendant Rayataliabady was the tenant. On June 3, 2016 default was entered against both Defendants. Plaintiff and Defendant Rushynski stipulated to set aside the default. Defendant Rushynski was dismissed from the case on July 26, 2017. On September 28, 2017, default judgment was entered against Defendant Rayataliabady. On January 18, 2018, Defendant Rayataliabady brought the instant motion to set aside default. Legal Standard ...

Excerpt: ...y plaintiff $3,000 in a series of installments. $75 to be paid on or before the first of each month from August 1, 2016 to November 1, 2019. Upon completion, the action would be dismissed. The settlement was not filed with any court and no judgment was entered, as long as the defendant made the installment payments. In the event of default, plaintiff would have the right to file the stipulation and to seek the full amount that was owed (i.e. $11,...

Excerpt: ...r and Tailor Heer filed a complaint against Defendant Adabelle Ekechukwu, Cal Trans, and Does 1-50, alleging causes of action for negligence and dangerous public condition.[1] Defendant Cal Trans served a subpoena for Defendant Ekechukwu's telephone records on Ekechukwu's telephone service provider, Cellco Partnership dba Verizon Wireless. Cal Trans' subpoena requests “All documents reflecting text messages sent, text messages received, outgoin...

Excerpt: ...lely be directed at verifying that Plaintiff's calculations are correct and consistent with this decision, and is not to be used to further argue any of the issues resolved herein. Background Plaintiff 4501 Cedros Homeowners' Association, Inc. alleges one of the homeowners subject to the homeowners' association's CC&R's, Defendant Fereshteh Nasseh, is delinquent in her payments to Plaintiff. Plaintiff brought suit to obtain a money judgment for t...

Excerpt: ...illiam Kwok for personal injury damages. Both suits were brought against the other driver, Defendant Jorge Dehorta. Legal Standard Relief from Waiver of Jury Trial Pursuant to CCP § 631(g), “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Reclassification CCP § 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allow...

Excerpt: ...e and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Evid. Code §452(c) provides the Court may take judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.” In addition, “[t]he court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, a...

Excerpt: ...ntiff allegedly purchased a double oven from Defendant, but after Plaintiff received the product, he discovered that it contained defects. Defendant eventually offered to repurchase the product and to pay $500 in attorney's fees. However, Plaintiff did not accept the offer arguing that Defendant failed to offer to reimburse Plaintiff for his consequential and incidental damages. On December 5, 2017, the parties reached a settlement agreement in w...

Excerpt: ...amination by Dr. William Dillin and a neurological examination by Dr. Barry Ludwig. Plaintiff has refused to attend either examination. Defendant filed the instant motion to compel two IMEs on January 26, 2018. Plaintiff filed her opposition on February 9, 2018. DISCUSSION Where the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may seek discovery by physical examination of the plaintiff. (Code Civ....

Excerpt: ...on involves a motor vehicle accident between Plaintiff Samvel Vagarshakian, who was driving Plaintiff Diana Rozenoyer's vehicle, and a tractor-trailer driven by Defendant Raymond Harry Humecky, which was owned/entrusted by Defendants Pepsico, Inc. and New Bern Transport Corporation (collectively, “Defendants”). The accident occurred on September 11, 2015. The complaint, filed July 27, 2016, alleges causes of action for general negligence and ...

Excerpt: ...n ad litem Keith R., alleges that on January 16, 2015, she was injured when a fellow student at Lennox Middle School physically attacked her. The complaint, filed October 13, 2015, alleges causes of action for: (1) negligent supervision; (2) assault, (3) battery, and (4) intentional infliction of emotional distress. On February 2, 2018, Plaintiff filed the instant motion for leave to amend the complaint to add a cause of action for “Breach of M...

Excerpt: ... Vallejano filed the complaint, on February 1, 2017 against Defendants Jasmin Diaz, Lourdes Stoup, and Does 1 through 10, alleging causes of action for motor vehicle and general negligence. Defendant Stoup moves for an order compelling Plaintiff to attend his deposition on March 1, 2018 at 10:00 a.m. at the offices of Mark R. Weiner & Associates at 655 N. Central Avenue, Suite 1125 in Glendale, California. Defendant also request monetary sanction...

Excerpt: ...w, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cross-complaint). (Code Civ. Proc. §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true. (Donabedian, 116 Cal.App.4th at ...

Excerpt: ...t Law A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge...

Excerpt: ... for his e-cigarette exploded in his left pocket, causing his pants to catch on fire and cause burns on his legs. Plaintiff commenced this action on February 29, 2016 against Defendants Lincoln Tobacco Shop, Inc., Rezkalla Abdulmasi Tami, and Mike Tami (collectively referred to as “Lincoln Tobacco”). The operative first amended complaint, filed February 1, 2017 against Lincoln Tobacco and Defendants La Vaporz Wholesale (E-Nvest, Inc. dba La V...

Excerpt: ... for his e-cigarette exploded in his left pocket, causing his pants to catch on fire and cause burns on his legs. Plaintiff commenced this action on February 29, 2016 against Defendants Lincoln Tobacco Shop, Inc., Rezkalla Abdulmasi Tami, and Mike Tami (collectively referred to as “Lincoln Tobacco”). The operative first amended complaint, filed February 1, 2017 against Lincoln Tobacco and Defendants La Vaporz Wholesale (E-Nvest, Inc. dba La V...

Excerpt: ...efendant's union, Defendant began receiving unprovoked attack benefits in June 2013. Contrary to the terms of the collective bargaining agreement governing Defendant's employment, Defendant also applied for and received workers' compensation benefits. Defendant received a total of $17,981.85 in workers' compensation benefits between <0048004700030057004b00 004c0057000300520051[ September 15, 2017, alleging a single cause of action for money had a...

Excerpt: ...s counsel advised Plaintiff that Defendant was notified of the deposition. (Id. ¶ 3.) Defendant failed to appear at the deposition. (Id. ¶ 4, Exhibit 3.) Plaintiff has scheduled a new deposition which is currently set for March 2, 2108. (Id. ¶ 5.) The Court notes that CCP § 2025.450 requires that a motion to compel a deposition shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend ...

Excerpt: ...exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Further, CCP § 2031.300(a) states that if a party to who a request for production fails to serve a timely response, “[t]he party to whom the demand for inspection, copying, testing, or sampling is directed wa...

Excerpt: ...rought suit against Defendants Katia Livette Santoscarillo and Santiago Santos Gomez, alleging Defendants damaged a vehicle owned by Plaintiff's insured, Cindy Nguyen, on January 24, 2015. The instant motion was originally heard on September 11, 2017. At that time, however, the Court noted that discovery was closed. Accordingly, the motion was continued, and Plaintiff was invited to move to reopen discovery. Plaintiff did so via an ex parte appli...

Excerpt: ...gs or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (CCP § 436(b).) Motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (CCP § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but th...

Excerpt: ...t prejudice on September 6, 2016. In the conditional settlement, defendants were to make payments of $500 per month, due on the eighth of each month. The first deadline was July 8, 2016. Defendants made payments regularly for the first twelve month, but defaulted on the payment due July 8, 2017. Dec. of Glenn A. Besnyl at ¶ 3. In the event of default, plaintiff would be entitled to the principal amount of $12,000 less any payments received, eigh...

Excerpt: ...occurred on June 19, 2014. The complaint, filed June 2, 2016, alleges causes of action for motor vehicle and general negligence. Plaintiff moves the Court for an order continuing the trial date of April 3, 2018 to September 24, 2018. “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regar...

Excerpt: ... party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, or improper. (CCP §§ 435; 436(a).) Motions may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (CCP § 436(b).) Motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegation...

Excerpt: ...tters specified in the requests be deemed admitted, as well as for a monetary sanction. (CCP § 2033.280(b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response and (2) that the party's failure to respond was the result of mistake, inadvertence, or excusable neglect. (CCP § 2033.280(a...

Excerpt: ...ereafter brought this suit to foreclose the mechanic's lien and obtain recovery of the amount owed. Plaintiff's mechanic's lien, attached to the complaint, correctly identified the property at issue here as 933 Robinson Street. Additionally, in the body of the complaint, the correct assessor's number was used to identify the property. However, in the body complaint, Plaintiff inadvertently listed the property as 733 Robinson Street. Plaintiff the...

Excerpt: ...dence as to: (a) the docket for the criminal case for which Addison has been placed on probation; (b) when the period for appealing Addison's conviction will expire; (c) when Addison was placed on probation and for what term; (d) the projected expiration date of Addison's probation; (e) whether a restitution hearing has been set in the criminal case, and (f) if so, the date of the restitution hearing. Neither party has cited binding authority on ...

Excerpt: ...Defendant was driving. Bernard Lavitch has resided at 22311 Plummer St., Chatsworth, CA 91311 (the “Plummer Residence”) throughout this litigation. After years of attempting to serve the defendants in this matter, Plaintiff finally served the summons and complaint at the Plummer Residence on March 16, 2017. On that day, the process server personally served Bernard Lavitch and made substituted service for Defendant. According to Plaintiff's se...

Excerpt: ...nd On February 3, 2016, Plaintiff-in-Interpleader Law Offices of Eric Bryan Seuthe & Associates (“Plaintiff-in-Interpleader”) filed this action against Defendants-in-Interpleader State of California Department of Health Services (“DHS”) and Estate of Faye Dean Sanchez (the “Estate”), alleging it was in possession of funds that each party to which each Defendant had a claim. On November 22, 2017, DHS filed the instant motion, requestin...

Excerpt: ...nd On February 3, 2016, Plaintiff-in-Interpleader Law Offices of Eric Bryan Seuthe & Associates (“Plaintiff-in-Interpleader”) filed this action against Defendants-in-Interpleader State of California Department of Health Services (“DHS”) and Estate of Faye Dean Sanchez (the “Estate”), alleging it was in possession of funds that each party to which each Defendant had a claim. On November 22, 2017, DHS filed the instant motion, requestin...

Excerpt: ... in order to get her hair done. Plaintiff alleges that her scalp was burned as a result of an unlicensed beautician who left bleach on her scalp for over an hour. The incident occurred on April 1, 2015. The complaint was filed on June 21, 2016. The first amended complaint, filed on March 24, 2017, alleges causes of action for: (1) negligence; and (2) IIED. Defendant Rosa Maria Valdez Reyes (aka Rosa Valdez), individually and doing business as Mel...

Excerpt: ...default judgment by that date. The Court's October 17, 2016, order notes that “the Court finds the Defendants are in default.” The OSC was therefore continued to February 16, 2017. On that date, the Court again continued the matter, to August 16, 2017. Plaintiff failed to appear on that date, and was accordingly dismissed. Legal Standard: CCP § 473(b) states, in part: The court shall, whenever an application for relief is made no more than s...

Excerpt: ...endant Maico Gomez D'Arbel (“D'Arbel”). At that time, D'Arbel was driving a vehicle owned by Defendant Compulink Management Center Inc. (“Compulink”) during the course and scope of his employment. The complaint, filed October 6, 2017, alleges causes of action for: (1) negligence; (2) negligence per se; (3) negligent entrustment; and (4) negligent hiring, supervision and retention. Compulink moves to strike the request for attorney's fees ...

Excerpt: ...Legal Standard Interrogatories Where there has been no timely response to interrogatories served under CCP § 2030.010, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party,...

Excerpt: ...$1,464.75 within 30 days of service of notice of this order. Background This is a personal injury action arising out of an automobile accident. On January 18, 2018, Defendant Monika Irene Bittle filed the instant motion to compel Plaintiff Ingrid Graciela Campos to submit to a physical examination. Legal Standard CCP section 2032.020(a) states in relevant part: “Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 ...

Excerpt: ...��Plaintiff”) and Defendants Kole Patrick Kelly, Jr., John M. Frank Construction, Inc., Jessica Mendoza, and Maria Magdalina. The accident occurred on May 15, 2015. Defendants Kole Patrick Kelly, Jr. and John M. Frank Construction, Inc. (hereinafter, “Defendants”) filed 3 motions to compel responses from Plaintiff for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Prod...

Excerpt: ...Menard Leelin and Yojie Leelin (“Defendants”) on their property. Defendants filed 3 motions to compel responses from Plaintiff for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one. The motions are not opposed. On July 25, 2017, Defendants served on Plaintiff the discovery requests. Defendants granted Plaintiff an extension such ...

Excerpt: ...driven/operated by Defendant Brian Alfred Entenmann. The accident occurred on April 20, 2015 at 5:15 a.m. Sherman alleges at the time of the accident, there were no warning sounds, and no gate or warning light was posted to warn Sherman of an oncoming train. Sherman moves to compel the deposition of Karen Haid, who is an employee of Defendant Pacific Harbor Line, Inc. (“Pacific Harbor”) and the second conductor at the time of the incident. Th...

Excerpt: ... personal service on January 10, 2018, filed Proof of Service on January 25, 2018. The Court is satisfied with the Proof of Service. Factual Background On May 14, 2014, Petitioner and Respondent entered into an Agreement in which Respondent retained Petitioner to represent him in his divorce proceedings. (Motion p. 1; Weinberg Decl. ¶ 3.) Petitioner billed respondent $10,411.78 for the legal services rendered, but Respondent breached the Agreeme...

Excerpt: ... judgement and adjudication on 8-9-17. This Court granted the motion on 11-8-17, awarding Plaintiff $15,565.97. Judgment was entered on 11- <0052005300530052005600 004f004800470011[ Discussion “Generally, the inclusion of attorney fees as an item of loss in a third-party claim- indemnity provision does not constitute a provision for the award of attorney fees in an action on the contract which is required to trigger [Civil Code] section 1717.�...

Excerpt: ...Eugenio Medrano (“Medrano”), Mendota Insurance Co. (“EIC”), Ally Financial (“AF”), State of California Department of Motor Vehicles (“DMV”), Jean Shiomoto, in her capacity as the Director of the DMV, and DDS Collision (collectively, “Defendants”). Plaintiff asserts two causes of action, but they are both the same as they seek preliminary injunction for transfer of title of a vehicle known as 2015 Chrysler 200 Limited, VIN No. ...

Excerpt: ...perior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; CCP § 473(d).) However, while a trial court may correct clerical errors and misprisions in a judgment, it cannot amend a judgment once entered, if the error to be corrected is a judicial one, for instance if it embodies an intentional action of the court even though legally erroneous. (Kamper v. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.) Plaintiff Yoled Davoudian (“Plaintiff”)...

Excerpt: ...mend Judgment Nunc Pro Tunc (the “Motion”). Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding ma...

Excerpt: ...the judgment was renewed. On August 25, 2017, Plaintiff filed a Motion to Amend Judgment to Alter Name of Judgment Debtors (the “Motion”). As of February 5, 2018, no opposition or reply has been filed. Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercis...

Excerpt: ...fendants Cerritos Fitness & Health, LLC (“Cerritos”), Fire & Ice Transport, LLC (“F&IT”), Chamberlain Backhoe Service dba American Backhoe (“CBS”), and Ganahl Lumber Company (“GLC”) (collectively, the “Claimants”) have made claims on the Bond. GLC was dismissed from this action on October 5, 2017. Indemnitor was dismissedwithout prejudice from this action on January 30, 2018. The Complaint asserts three causes of action: (1) i...

Excerpt: ...Unlimited Jurisdiction (the “Motion”). On January 25, 2018, Defendant filed an Opposition. On January 29, 2018, Plaintiff filed a Reply. Legal Standard CCP section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (...

Excerpt: ...parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (CCP § 436(b).) Motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (CCP § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but that are...

Excerpt: ...ing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (emphasis added.) Pursuant to CCP § 1005, service of the oppositi...

Excerpt: ...purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Italic added.) The Court is satisfied with Defendant's counsel's meet-and-confer declaration. (See Demurrer, Nicolaisen Decl.; see also December 11, 2017 Nicolaisen Decl.) Legal Standards The legal standard for a demurrer and a motion to strike is the same. “A demurrer tests the legal sufficiency of the factual allegati...

Excerpt: ...ina and Nestdrop's defaults were entered on November 7, 2016. Petitioner filed the instant motion to confirm arbitration award on January 16, 2018. The motion only seeks to confirm the arbitration award with respect to Respondent Radina, as Petitioner has dismissed Defendants Pycher and Nestdrop, Inc. An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) ...

Excerpt: ...excessive given the simplicity of these nearly identical and unopposed motions. Therefore, Plaintiff and his counsel are ordered to pay sanctions in the amount of $579.00, based on three hours of attorney time billed at $133.00 per hour, and three filing fees of $60.00 each, within 30 days. (See Motion, Bae Decl., ¶4.) Moving party to give notice. ...

Excerpt: ...e there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701,...

Excerpt: ...red into a Bond Application and Indemnity Agreement (the “Agreement”) on May 20, 2009, where Plaintiff provided a Contractors License Bond, No. 100085850 (the “Bond”) in a sum of $12,500, naming USFC as the principal and Plaintiff as surety. (Compl. ¶¶ 3, 5.) Plaintiff allegedly fulfilled its obligation and incurred $11,000 in damages under the Bond and now seek to recover the damages plus costs and attorney's fees from Defendant. On Ma...

Excerpt: ...ation. On January 25, 2018, Plaintiff filed an Opposition. On January 31, 2018, Defendant filed a Reply. Background On or about September 6, 2016, Plaintiff contracted with Rener Construction & Design, Inc. (“Rener”) to remodel his real property at 631 N. Elm Drive, Beverly Hills, California 90210 (the “Property”). (Compl. ¶¶ 1, 5.) Defendant is the Surety of Rener under Bond No. SSI04436 (the “Bond”), which covers the remodeling wo...

Excerpt: ...ado dba Primo Construction (“FDH”), and Jackie Hurtado (“Hurtado”). On October 25, 2017, DFL filed an Answer to the Complaint. Cross-Complainant DFL also filed a Cross-Complaint against Cross-Defendants PCI, FDH, and Hurtado on October 25, 2017. On January 8, 2018, WDCN filed a Motion for Judgment on the Pleadings (the “Motion”) as to the DFL's Answer and Cross-Complaint. On January 29, 2018, DFL filed an opposition. As of February 2,...

Excerpt: ...s, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586.) Here, there was no motion to have the discovery heard closer to the original trial date. The parties did orally stipulate to continue the trial date on December 14, 2017, however, there is nothing to indicate that they also stipulated to continue the discovery and motion cutoff dates. Even if the parties stipulated that the discovery and motion cutoff dates were continu...

Excerpt: ...onsent from Plaintiff as to Winters potentially testifying at trial as a witness and being an advocate for her. On June 28, 2017, Plaintiff filed this breach-of-contract action against her former automobile insurers, Defendants Century National Insurance Co., and Pro Insurance Solutions, Inc. Plaintiff claims that Defendants breached their insurance contract by not covering her son for a multiple vehicles collision accident that occurred on Janua...

Excerpt: ...480049004800 00520055000300490044[iling to answer the Complaint. When Plaintiff did not appear at the June 3, 2016 trial date, the court dismissed the action without prejudice. Plaintiff now moves to set aside the dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in failing to appear at trial. Alternatively, Plaintiff moves under the court's equitable authority. At the hearing on November 9, 2017, the co...

Excerpt: ...ho Nourmand alleges failed to file his previous claim before the running of the two-year statute of limitations and failed to inform him of the statute of limitations. On January 5, 2018, Nourmand filed a Motion to Strike (the “Motion”), seeking to strike Plaintiff's prayer for punitive damages and general damages. On January 22, 2018, Plaintiff filed an opposition. On January 30, 2018, Nourmand filed a reply. Legal Standard The legal standar...

Excerpt: ...s subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences a...

Excerpt: ...v.Pro.Before Trial (2008) Chap. 6-- Pleadings, 6:637.) The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” (Id. at 6:639 (emphasis added).) “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this ...

Excerpt: ...la v. McFerren (1995) 35 Cal.App.4th 733. When a Defendant or Cross-Defendant seeks summary judgment, he/she must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. CCP § 437c(p)(2). When a Plaintiff or Cross-Complainant seeks summary judgment, he/she must produce admissible evidence on each element of each cause of action on which judgment is s...

Excerpt: ...order. Legal Standard If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing d...

Excerpt: ...exception except as expressly provided by statute.” (§ 583.360, subd. (b).) The purpose of the five-year dismissal statute is to prevent the prosecution of stale claims where defendants could be prejudiced by loss of evidence and diminished memories of witnesses. ( Lewis v. Superior Court (1985) 175 Cal.App.3d 366, 375, 220 Cal.Rptr. 594.) The statute also protects defendants from the annoyance of having unmeritorious claims against them unres...

Excerpt: ...st Defendant Robert Katz (“Defendant”) on June 11, 2014. On November 9, 2015, Plaintiff filed a notice of conditional settlement of the action and indicated that he would file a request for dismissal by September 1, 2020. When the matter came for trial on December 11, 2015, the Court dismissed the action due to neither party appearing. Following the Court's denial of Plaintiff's ex parte application for entry of judgment pursuant to the parti...

Excerpt: ...appear for trial. Plaintiff now moves for relief from the order of dismissal pursuant to CCP section 473(b), which states in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy ...

Excerpt: ...me it was continued by the Court to allow the filing of a meet and confer declaration. Infinity filed a meet and confer declaration on January 17, 2018. Discussion Meet and Confer Pursuant to CCP § 430.40(a), “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement ...

Excerpt: ...15, 2017, this Court entered judgment in Defendant's favor and awarded costs to Defendant. On November 7, 2017, Plaintiff filed a Motion to Tax Costs (the “Motion”). On January 23, 2018, Defendant filed an Opposition. As of January 30, 2018, no reply has been filed. Legal Standard After judgment is entered, the prevailing party “who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice...

Excerpt: ...5, Robinson's request for default judgment resulted in default judgment being was entered against Defendant. On March 4, 2015, Clark's request for default judgment resulted in default judgment being was entered against Defendant. On May 19, 2017, Defendant filed a motion to set aside theentry of default. On August 16, 2017, this Court denied the motion to set aside the entry of default without prejudice and ruled that Defendant could file another...

Excerpt: ...ative. On October 31, 2017, Plaintiff re-served Defendants the Summons and Complaint. (October 31, 2017 Proof of Service.). On November 30, 2017, State Farm filed another Motion to Quash. As of January 30, 2018, no opposition or reply has been filed. Legal Standard A motion to quash service of summons is the first line of defense against an improper summons or service. It is the only procedure which can be utilized at the outset of the action wit...

Excerpt: ...tered pursuant to the Stipulation. On April 18, 2017, Plaintiff dismissed this entire action with prejudice. On June 30, 2017, Plaintiff filed a Motion to Enforce Settlement and for Award of Attorneys' Fees. On August 3, 2017, Defendant filed an opposition. On August 9, 2017, Plaintiff filed a reply. Legal Standard CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the ...

Excerpt: ... Boaz Construction, LLC and Michael Lee Smith (“Respondents”). The matter initially came for hearing on November 9, 2016, at which time it was continued to February 6, 2017 to allow Petitioner to serve the notice of hearing in accordance with the rules regarding service of a summons and complaint. A copy of the proof of service was to be filed by January 23, 2017. Respondent Smith, who appeared in pro per, was ordered to file and serve any re...