Excerpt: ...s to correct Judgment Debtor's name from Marcos Encisco to Marcos Enciso. “When jurisdiction is, by the Constitution of 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 may be adopt...

Excerpt: ... on July 27, 2016. Plaintiff filed the instant motion on November 13, 2017. No opposition has been filed. Discussion Plaintiff brings this action for subrogation recovery arising from a motor vehicle accident that occurred on March 5, 2014. “Under the doctrine of subrogation, when an insurer pays money to its insured for a loss caused by a third party, the insurer succeeds to its insured's rights against the third party in the amount the insure...

Excerpt: ...aintiff was a passenger on an Antelope Valley Transit Authority vehicle. The incident occurred on September 9, 2016, at 10 th Street West and Avenue K in Lancaster, California. She filed her First Amended Complaint on July 28, 2017. Defendant Ciuni filed an answer and a cross‐complaint against Defendant Antelope Valley Transit Authority on August 22, 2017. Defendants Antelope Valley Transit Authority and Abdul‐Jabbaar filed an answer to the f...

Excerpt: ...al interference with contractual relations; (8) interference with prospective business relations; and (9) injunctive relief. Defendants have file an answer and a cross-complaint. On December 28, 2018, defense counsel filed a motion to be relieved as counsel because he “cannot have rational and productive communication about how to prepare this case for trial with my clients. The attorney-client relationship is no longer functional.” Dec. in s...

Excerpt: ...ained a fraudulent judgment of possession of Plaintiff's home in an unlawful detainer action. Further, after obtaining the judgment for possession, Plaintiff alleges that Defendant took control of certain personal properties belonging to Plaintiff. Defendant's unlawful detainer judgment was later reversed in full by the Court of Appeal of California. However, Plaintiff alleges that Defendant refused to return Plaintiff's personal property to him,...

Excerpt: ...Restrictions (“CC&R”). Defendants filed for Chapter Seven bankruptcy in U.S. Bankruptcy Court in the District of Arizona on October 2, 2009. Mt. to Vacate J. at pp. 1—2. Plaintiff filed an action to collect debt in the Superior Court of Casa Grande in the State of Arizona. A default judgment was entered on May 15, 2013. See Req. for Judicial Notice in Supp. of Mt. of Ironwood Commons Cmty. Ass'n., Inc. for Att'ys.' Fees and Costs at Ex. 2. ...

Excerpt: ...), Mina Abraham, <000f00030033004f004400 0049004c004f00480047> a first amended complaint (“FAC”), alleging (1) elder abuse, (2) medical/dental negligence, and (3) loss of consortium. On January 10, 2018, Defendant Sedgh filed a demurrer to the first cause of action, and a motion to strike the damages requested as to the first cause of action. On January 18, 2018, Plaintiffs filed a request for dismissal, and dismissed the first cause of actio...

Excerpt: ... 7/26/2016 against Defendant Abrahami for breach of contract and quantum meruit. The Court has set the trial date for 3/9/2018. Plaintiff moves for summary judgment or in the alternative summary adjudication on both causes of action. Legal Standard A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (CCP § 437c(c); Vesely v. Sager (1971) 5 Cal.3d 153.) The m...

Excerpt: ... in Fisch's claim of exemption. ACIC claims they are unable to obtain any information regarding the amount of funds levied. (Id.) Fisch filed the Claim of Exemption for “cash for basic neccesities [sic] & labor expenses” on June 26, 2017. ACIC filed the instant opposition on July 13, 2017. Legal Standard The claim of exemption must comply with CCP §703.520: “(a) The claimant may make a claim of exemption by filing with the levying officer ...

Excerpt: ... filed the Cross-Complaint on December 7, 2017 alleging (1) breach of written contract; (2) breach of oral contract; (3) professional negligence; and (4) attorney malpractice. Plaintiff brought the instant Demurrer to the Cross-Complaint on January 11, 2018. Plaintiff Demurrers the entire Cross-Complaint on the grounds that the Cross-Complaint is procedurally defective and Defendant has failed to allege sufficient facts to establish causes of act...

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: ...obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced. . . . (b) The issue of the good faith of a settlement may be determined by the ...

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: ...representation; (4) breach of fiduciary duty; (5) breach of the covenant of good faith and fair dealing; and (6) unjust enrichment. On September 26, 2016, Defendants Golesorkhi, Nassir, and The Nassir Trust (collectively “Defendants”) filed a demurrer to complaint. On October 27, 2016, the Court sustained the demurrer to complaint with leave to amend all but the sixth cause of action. On November 29, 2016, Plaintiff filed a First Amended Comp...

Excerpt: ... action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document or tangible thing for inspection and copying.” (CCP § 2025.280.) “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination … the party giving the notice may move for an order compelling the deponent's attendance and testimo...

Excerpt: ...0003[12, 2016. Diaz was carrying 2 passengers, Amy Massengill and Jordan Boswell (BC679438 plaintiffs) in one vehicle, and Plaintiff was in his own vehicle at the time of the accident. “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were a...

Excerpt: ...tant motion to quash service of summons. Defendant argues she has never lived at the address where Plaintiff served the summons and complaint. On 1/18/2018 Defendant filed an ex parte application to quash service of the summons and complaint. On the same day, the Court denied the ex parte application citing an insufficient showing of irreparable harm. Legal Standard Motion to Quash “When a motion to quash is properly brought, the burden of proo...

Excerpt: ...blocked by a step. Compl. at ¶¶ 5—6. He sought a minimum of $4,000 in damages, attorneys' fees, costs, and prejudgment interest pursuant to Civil Code Section 52. Defendant responded by filing a general denial along with six affirmative defenses on March 17, 2016. Trial was set for July 24, 2017. An amended general order was filed October 5, 2015. At the trial, Defendant did not appear. The court entered judgment in Plaintiff's favor for $4,0...

Excerpt: ...iff American Contractors Indemnity Company (“Plaintiff”) filed the instant action against Defendants Sylvia Estrada aka Sylvia Estrada Ferguson, individually and dba Sylvia Ferguson & Associates Talent & Literacy Agency (“Defendant Estrada”), and Demeryst M. Upshaw (“Defendant Upshaw”) (collectively “Defendants”). Plaintiff alleges breach of an indemnity contract upon which Defendants were issued Talent Agency Bond No. 100756944 (...

Excerpt: ...g that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Italic added.) CCP § 430.41(a)(2) states: “The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party sh...

Excerpt: .... On December 27, 2017, Defendants filed a Demurrer to the Complaint. On February 1, 2018, Plaintiff filed an opposition. On February 7, 2018, Defendants filed a reply. Meet and Confer Pursuant to CCP § 430.41(a), “[b]efore 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 agr...

Excerpt: ...ement”) on December 1, 2011, whereby ACIC provided a Contractors License Bond, No. SC100181729 (the “Bond”), naming Flooring Plus II as the principal. (Compl. ¶¶ 3, 5-6.) Lynch has allegedly breached the Agreement, causing ACIC to incur $8,450 in damages. (Id. ¶ 9.) On November 29, 2017, Lynch filed an Answer to the Complaint and a Cross-Complaint against ACIC, both of which were improperly filed as a single document. On December 4, 2017...

Excerpt: ... 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 described in the deposition notice, the party giving the notice may move for an order compel...

Excerpt: ...rt will not consider late filed paper. 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 (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassi...

Excerpt: ...�RIS”) through Empire Fire and marine Insurance Company, on behalf of Defendant Gary Clayton filed the instant motion to set aside default. RIS contends that Defendant died before the Complaint was filed and purportedly served, thus Defendant did not have notice of this action. No opposition has been filed. Legal Standard CCP section 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her l...

Excerpt: ...ded in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (CCP § 1290.4(a), (b).) Petitioner filed a proof of service on November 13, 2017, demonstrating service of the Petition on Respondent by substitut...

Excerpt: ... from Limited Jurisdiction to Unlimited Jurisdiction (the “Motion”). Legal Standard In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified fromunlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. This high standard is appropriate in light of “the circumscribed procedures and recovery available i...

Excerpt: ...within 30 days of this order. Legal Standard CCP section 2025.450(a) states in relevant part: 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 inspect...

Excerpt: ...edly executed on August 23, 2010 by Rinat Tal (“Tal”), Michael Goland (“Goland”), and Kings Canyon Consortium, Inc. (SAC ¶ 6.) On December 22, 2017, Plaintiff filed a First Amended Answer (“FAA”) to the SAC. On January 18, 2018, Defendant filed a Demurrer to the FAA. On January 31, 2018, Plaintiff filed an opposition. On February 5, 2018, Defendant filed his reply. Timeliness CCP § 430.40(b) states: “[a] party who has filed a comp...

Excerpt: ...ly pleaded material facts and allegations, but not contentions or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Wise v. Pacific Gas and Elec. Co. (2005) 132 Cal.App.4th 725, 738.) Presentation of extrinsic evidence is not proper on a motion for judgment on the pleadings. (Cloud v. Northrop Grumman Corp., 67 Cal.App.4th 995, 999.) “Generally speaking, the determination whether an answer states a defense is governed by t...

Excerpt: ...it knew Plaintiff was represented by an attorney, constituting unfair and deceptive business practice and a violation of the statutory duties imposed by the Rosenthal Fair Debt Collection Practices Act and Business Professions Code. Plaintiff seeks actual damages, statutory damages, attorney's fees and costs, punitive damages, injunctive relief, and restoration of money or property acquired by unfair competition. Legal Standard The court may comp...

Excerpt: ...within 30 days of this order. Legal Standard CCP section 2025.450(a) states in relevant part: 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 inspect...

Excerpt: .... The Court did so on April 29, 2015. Plaintiff now alleges Blueyed Pictures, Inc. has been replaced by a successor corporation, Blueyed Pictures International. Plaintiff therefore moves to add Blueyed Pictures International as a judgment debtor. This matter previously came on for hearing on September 11, 2017, and November 13, 2017, before being continued to February 14, 2018. Legal Standard Pursuant to CCP § 187, a trial court has jurisdiction...

Excerpt: ..., Cross-Complainant MEC filed a Cross-Complaint against Khullar, alleging breach of contract for failure of payment. On November 15, 2017, MEC filed a Motion to Conduct Additional Discovery (the “Motion”), seeking to conduct additional written discovery in the form of (1) form interrogatories and (2) special interrogatories. As of February 7, 2018, no opposition or reply has been filed. Legal Standard CCP § 94(a) limits discovery by means of...

Excerpt: ...250. Background On February 22, 2013, Plaintiff Jamie Matias (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). Service of the Summons and Complaint, by personal service, was not made until September 11, 2017. (Proof of Personal Service, filed 10/27/17.) On October 27, 2017, the court entered default against Defendant for failing to ...

Excerpt: ..., as Trustee of the Vincenzo and Igne Cristiano 1990 Family Trust (“Defendant”). Defendant filed an Answer and Cross-Complaint on February 3, 2016. The action came for trial on June 9, 2017, at which time Defendant failed to appear. The court entered judgment in Plaintiff's favor and dismissed the Cross-Complaint without prejudice. On December 6, 2017, Defendant filed the instant motion to vacate the judgment entered on June 9, 2017. Discussi...

Excerpt: ...ound: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense to the original action; and (3) diligence in seeking to set aside the default/default judgment once it was discovered. (Rappleyea v. Campbell (1994) 8 Cal.4 th 975, 982.) The statutory limits on relief under CCP §§473(b) and 473.5 do not apply, but once the purported extrinsic fraud or mistake is discovered, a party is expected to proceed diligently to seek ...

Excerpt: ...; and (5) costs of $495.00. Discussion Petitioner Board of Trustees of the Southern California Plastering Institute (“Petitioner”) filed the instant petition to confirm the arbitration award issued in its favor and against Respondent Sierra Fireproofing, Inc. (“Respondent”). Service of the Petition and Notice of Hearing The Petition was filed on December 22, 2016, and initially set for hearing on June 28, 2017. Following multiple continua...

Excerpt: ...n from Limited Jurisdiction to Unlimited Jurisdiction (the “Motion”). Legal Standard In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified fromunlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. This high standard is appropriate in light of “the circumscribed procedures and recovery available ...

Excerpt: ...s liability. On October 31, 2017, Defendants filed a Motion for Summary Judgment (the “Motion”). As of February 6, 2018, no opposition or reply has been filed. Factual Background Plaintiffs allege that Mohammadian was employed and/or working on behalf of PRN. (Compl. ¶ 5.) Plaintiffs further allege that on or about March 18, 2015, Defendants “negligently and carelessly owned, operated, maintained, entrusted, and drove their respective vehi...

Excerpt: ...eing placed off-calendar. Discussion Plaintiff Dana R. Pysz (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant F. Daniel Penrod IV (“Defendant”) on July 12, 2017. Defendant filed the instant demurrer on October 2, 2017. Plaintiff filed an opposition on January 31, 2018. Pursuant to CCP § 430.40(a), “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confe...

Excerpt: ...eld Co. (2001) 25 Cal.4th 826, 858, emphasis added.) CCP § 657 provides in pertinent part: “[t]he verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party . . . 1. [i]rregularity in the proceedings of the court...

Excerpt: ...f whether or not the opposing party files an opposition. Villa 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...

Excerpt: ...moves to set aside the June 2, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in filing the request for dismissal. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit of fault attesting to his/her mistake, inadvertence, surprise or neglect, the court shall vacate a resulting default, def...

Excerpt: ...e of Renewal Judgment to the Court (the “Renewal Application”). (Scalia Decl. ¶ 3.) On September 17, 2015, the clerk of the court issued a rejection of Renewal Application because the Assignment of Judgment named Columbia Credit Services, Inc. (“CCS”) as the assignor that assigned the judgment over to SFI. CCS was not the judgment assignor named in the judgment order—rather, NCA was the judgment assignor. On November 6, 2017, SFI filed...

Excerpt: ...t Defendant was served by substitute service at 16131 Eucalyptus Avenue, Apt. B1, Bellflower, California 90706, on August 12, 2017 by service on an unknown male occupant. (Proof of Service.) The server was a registered California process server. (Id. No. 7.) The Declaration of Diligence shows that the server attempted to serve Defendant on July 29 and August 1, 4, and 10, 2017. (Id., Declaration of Diligence.) On December 8, 2017, Defendant filed...

Excerpt: ...outh Gate, California 90280 on January 5, 2015. (January 8, 2015 Proof of Service.) The server was Kevin Appleton, who was a registered California process server. (Id. No. 7.) The Declaration of Diligence shows that the server attempted to serve Defendant on December 18, 22, and 30, 2014. (Id., Declaration of Diligence.) The Summons and Complaint were ultimately served on an unknown male at the Kauffman Avenue address. (Id.) On April 6, 2016, def...

Excerpt: ...risdiction to Unlimited Jurisdiction and to Amend her Complaint (the “Motion”). On January 31, 2018, Defendants filed an Opposition. On February 7, 2018, Plaintiff filed a Reply. Discussion Plaintiff has brought two motions (a motion to reclassify and a motion to amend complaint) as one motion. The Court addresses each request in turn. A. Defendants' Objections Defendants have submitted objections to statements Plaintiff's counsel made in his...

Excerpt: ...for Rent Assignment Order, assigning all rent income derived from the premises known as 408 1 st Street, Los Beach, California 90802 (the “Premises”) to Defendant (the “Assignment Order”). The Premises was purportedly being leased to Harris and HLG by Holt. On December 18, 2017, Defendant filed a Motion for Issuance of an OSC re: Contempt (the “Motion”). On January 26, 2018, Harris and HLG filed an opposition. As of January 30, 2018, ...

Excerpt: ...oving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail at an address specified on the deposition record.” Here, the proof of service of the motion indicates that it was served only on Victor Sanchez, who is identified in the proof ...

Excerpt: ...reviously ordered sanctions of $780.00 by March 1, 2018. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidenc...

Excerpt: ...6078291 (the “Bond”), and to pay Plaintiff for the damages it incurred under the Bond in the amount of $10,852.94. On October 4, 2017, Plaintiff filed a Motion for Summary Judgment or, in the Alternative, Summary Adjudication (the “Motion”). As of January 30, 2018, no opposition has been filed. Factual Background Plaintiff claims that on September 7, 2007, Defendant executed an Indemnity Agreement (the “Agreement”) with third party Su...

Excerpt: ...inst Defendants Jeong and Vid Fashion on December 15, 2015; default was entered against Defendant Comode on May 26, 2016. An OSC re failure to file proof of service and file default judgment was set for September 15, 2017. When Plaintiff failed to appear at the OSC, 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 ...

Excerpt: ...lt judgment was entered against Defendant on March 23, 2016. Defendant filed the instant motion on November 27, 2017. No opposition has been filed. Legal Standard CCP section 473(b) provides, 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 excusabl...

Excerpt: ..., to be paid or appealed within 15 business days. (Ibid.) The citation and procedure for appealing the citation were served on Respondent on August 4, 2016 by certified mail. (Ibid.) Respondent's motion has not demonstrated that the judgment was entered due to his mistake, neglect, inadvertence or excusable neglect. He contends that at the time he agreed to purchase the car wash he was unaware that the business had to be fully registered, and tha...

Excerpt: ...efects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal 3d 311, 318. No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430.30 [as to any matter on its face or from which judicial notice may be taken], and § 430.50(a) [can be taken to the entire complaint o...

Excerpt: ...irst Amended Complaint (FAC) fails to state sufficient facts to state a cause of action. Specifically, Defendant contends that the FAC fails to state a cause of action as there is no requirement for Defendants to provide an assistive listening device to Plaintiff during his purported visit to the carwash. Defendant asserts that being able to hear music at a carwash falls outside the provision of Civil Code Section 51, as Plaintiff was at the carw...

Excerpt: ...e the objections to be raised in the demurrer.” (Italic added.) The Court is satisfied with Defendant's counsel's meet-and-confer declaration. (See Sarkissian Decl.) Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a co...

Excerpt: ... on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or jud...

Excerpt: ...ision 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 as the ca...

Excerpt: ...at a record be filed under seal “only if it expressly finds facts that establish” all of the following: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive...

Excerpt: ...ht. Where the main relief sought is personal, the action is transitory. Where the main relief relates to rights in real property, the action is local. (Id. at 481, n.5.) Venue of transitory actions against corporations is governed by section CCP section 395.5. That section provides, ‘A corporation or association may be sued in the county [1] where the contract is made or [2] is to be performed, or [3] where the obligation or liability arises, o...

Excerpt: ... (and its principal, non-party Tara Pullee) declared a no-asset bankruptcy. Plaintiff also discovered that the leased equipment had been transferred to Defendant James Zeffery (originally misspelled Zeffrey), who refused to return the equipment. Plaintiff therefore brought suit against Defendant for claim and deliver and willful and malicious conversion. Default was entered February 26, 2015, and default judgment was entered June 14, 2016. On Apr...

Excerpt: ...t against Defendant Jana Feifer (“Defendant”) on January 7, 2016. On December 13, 2016, the matter was set for trial on June 8, 2017. On June 7, 2017, Plaintiff filed an unconditional notice of settlement of the entire action. When the matter was called for trial on June 8, 2017, the court dismissed the action due to Plaintiff's failure to appear pursuant to CCP section 581(b)(3). Plaintiff now moves to set aside the June 8, 2017 dismissal an...

Excerpt: ...y at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney's fees” means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the ground...

Excerpt: ...gment was renewed on May 09, 2003. The renewal indicated a payment of $29.04 had been made, leaving the total judgment, plus all new interest, at $10,955.88. The judgment was renewed again on March 11, 2013. The renewal indicated payments of $4,051.61 had been made, leaving the total judgment, plus all new interest, at $13,681.14. In early 2017, Plaintiff attempted to execute the judgment against Timothy J. Tyler II (“J. Tyler”). J. Tyler fil...

Excerpt: ...ally, there appears to be no proof of service indicating the motion was served on Plaintiff.) Trial went forward without Defendant's participation on October 02, 2017, and judgment was thereafter entered in Plaintiff's favor. On October 3, 2017, Plaintiff served a memorandum of costs upon Defendant. On November 22, 2017, having received no opposition from Defendant, the Court granted the memorandum of costs in part, after striking the request for...

Excerpt: ...de in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.” (Italics added.) The Court notes that while Plaintiff has requested a hearing date on this Application, Plaintiff has not requested, nor has the Court issued an order to show cause to Defendants as required by CCP § 704.770(a). It is Plaintiff's resp...

Excerpt: ... to Plaintiff's Complaint, Plaintiff filed a First Amended Complaint (the “FAC”) on December 15, 2017. The second cause of action for negligence in the FAC is the only cause of action asserted against the CHP. Plaintiff alleges that he was driving on the I-5 freeway during a light rain period after heavy rainfall on January 10, 2017. (FAC ¶ 11.) As Plaintiff was slowing down to enter standing water on the freeway, his car began to hydroplane...

Excerpt: ...fendant agreed to remit to Plaintiff 50% of the first month's rent, in light of this delay, but failed to do so. Plaintiff therefore seeks this amount in damages. Second, Plaintiff alleges there were a significant number of problems with the premises, including water leaks, a water heater that “exploded and caused extensive flooding and damage to the neighbor's apartment”, malfunctioning electricity, non-working air conditioner, washer and dr...

Excerpt: ...is possible to raise the objection more than once by different methods. The most common alternative method is a motion at the trial, or prior to trial, for judgment on the pleadings pursuant to CCP section 438(c)(1)(B). The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, i...

Excerpt: ...ied where 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...

Excerpt: ...pp.4th 486, 495.) Ultimate discovery sanctions are justified where 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 willfulne...

Excerpt: ...ake of court. (Lane v. Superior 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 National...

Excerpt: ...et aside the dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in filing the request for dismissal in this action. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit of fault attesting to his/her mistake, inadvertence, surprise or neglect, the court shall vacate a resulting default, default jud...

Excerpt: ... a mobilehome (Civ. Code, § 798.11), and “tenancy” is the right of a homeowner to the use of a site within a mobilehome park (Civ. Code, § 798.12). Any rental agreement shall be in writing and contain the provisions set forth. (Civ. Code, § 798.15.) A homeowner shall give written notice to the management not less than 60 days before vacating his or her tenancy. (Civ. Code, § 798.59.) Petition of Abandonment Where “the petitioner shows b...

Excerpt: ...st Plaintiff. Background Plaintiff Golden Bear Insurance Co. initially sued Defendant VIP Tours of California, Inc., for failure to pay premiums owed under an insurance policy issued by Plaintiff to Defendant. Defendant thereafter filed a cross-complaint against Plaintiff and an insurance broker, Bliss & Glennon, Inc., for negligence in failing to provide notice of the policy to the Federal Motor Carrier Safety Administration, thereby resulting i...

Excerpt: ... are directed waives any right to 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).” Unverified responses are equivalent to “no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Further, while serving verified responses prior to...

Excerpt: ...s are directed waives any right to 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).” Unverified responses are equivalent to “no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Further, while serving verified responses prior t...

Excerpt: ...rnia awarded Andrew Barcello (“Barcello”) $14,649.94 in damages against Owl Territory, Inc. dba Docrun <00030046004f0048005500 00470003004d00580047[gment against Docrun (the “Judgment”) based on the Labor Commissioner's Award (the “Award”). On April 28, 2017, Barcello assigned his Judgment to Richard G. Hyppa (“Hyppa”). On May 22, 2017, Hyppa filed a Motion to Amend Judgment to Add Judgment Debtor Jennifer Reuting (the “Motion t...

Excerpt: ...d Indemnity Agreement (the “Agreement”) on January 18, 2008, where SCP provided a Contractors License Bond, No. SC1046786 (the “Bond”), naming Baja Plumping, Inc. (“BPI”) as the principal and SCP as surety. (Compl. ¶¶ 5-6.) SCP has since merged with Plaintiff, and Plaintiff now owns SCP's bonds. (Id. ¶ 6.) Plaintiff allegedly fulfilled its obligations under the Bond and incurred $7,500 in damages and now seeks to recover the damage...

Excerpt: ...this motion, Defendant Gracie has failed to comply with any part of the Court's order. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a...

Excerpt: ...��Defendant”) and Does 1 through 10 for injunctive relief pursuant to Civil Code section 798.88. On October 27, 2016, Petitioner filed an amended petition. On February 21, 2017, the Court granted Petitioner's motion for injunctive relief. On October 18, 2017, the Court entered an order granting the petition for injunctive relief. Petitioner filed the instant motion on December 5, 2017. No opposition has been filed. Discussion Attorney's Fees A ...

Excerpt: ... section 2023.040 states that “[a] request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.” (CCP § 2023.040.) Plaintiff's motion incor...

Excerpt: ... knew Plaintiff was represented by an attorney, constituting unfair and deceptive business practice and a violation of the statutory duties imposed by the Rosenthal Fair Debt Collection Practices Act and Business Professions Code. Plaintiff seeks actual damages, statutory damages, attorney's fees and costs, punitive damages, injunctive relief, and restoration of money or property acquired by unfair competition. Legal Standard The court may compel...

Excerpt: ...ed 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 May...

Excerpt: ...ervice of summons and complaint. As Defendant is in default, he currently does not have standing to bring a motion to quash. (See Harbour Vista, LLC v. HSBC Mortgage Services Inc.<005c000300520049000300 00570003005700480055[minates a defendant's rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered. [citations] A defendant against whom a default has been entered is ou...

Excerpt: ...t dismissed the action without prejudice. Plaintiff now moves to set aside the October 18, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of his attorney in failing to appear. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit of fault attesting to his/her mistake, inadvertence, surprise or neglect, th...

Excerpt: ...ate of Califomia Department of Health Services ("DHS") and Estate of Faye Dean Sanchez (the "Estate") because each party has a conflicting demand over a settlement åLnd from another case. On November 22, 2017 DHS filed a Motion to Set Order to Show Cause Hearing Regarding Plaintiff-in-Intel-pleader' s Failure to Sen-e or Dismiss Estate of Faye Dean Sanchez (the 'Motion"). No opposition or reply has been filed as ofDecember 28, 2011 Trial is sche...

Excerpt: ...der and Order Restraining Judgment Debtor pursuant to CCP § 708.510 and § 708.520. As of December 28, 2017, no opposition or reply has been filed. Plaintiff's (1) request for an order requiring Defendant to assign present and future interests in her commissions and/or fees from CHD to Plaintiff until the money judgment is satisfied is granted; (2) request for a restraining order is DENIED. Legal Standards The Enforcement of Judgments Law (CCP �...

Excerpt: ... Trustee's Deed Upon Sale, Instrument No. 2015- 0228752 at the Maricopa County Recorder's Office; 4) Judgment in case number CC2015- 005809; and 5) Notice of Entry of Judgment on Sister-State Judgment in the instant case. Because these documents are judicially noticeable public records or records of a court of this state or any state of the United States, the court takes judicial notice of the documents. Legal Standard CCP § 1710.40 provides tha...

Excerpt: ... foregoing, Plaintiff brought suit for violation of the Unruh Civil Rights Act. Legal Standard 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 ass...

Excerpt: ...560048005500 0044000300550048004a>istered California process server. (Id. No. 7.) Default was entered against Defendant on July 20, 2017; and default judgment was entered against Defendant on September 12, 2017. On November 14, 2017, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”). On December 8, 2017, Plaintiff filed Opposition; and on December 22, 2017, Defendant filed a Reply. Discussion CCP § 473(b) “The ...

Excerpt: ...d cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) If there is a possibility that the damages will exceed $25,000.00, th...

Excerpt: ... August 16, 2016, and that in response, on October 26, 2016, Plaintiff wrote to Defendants, informed them that the attempted withdrawal of the personal guaranty constituted a breach of the lease, and demanded that they vacate the premises. Plaintiff was thereafter forced to expend significant attorney's fees in order to finally effectuate, in March 2017, Defendants' removal from the property. Plaintiff brought suit on April 20, 2017, for breach o...

Excerpt: ...proceeding may be adopted which may appear most conformable to the spirit of this code.” Pursuant to CCP § 664.6: If parties 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 ...

Excerpt: ...intiff to Defendant. Defendant thereafter filed a cross-complaint against Plaintiff and an insurance broker, Bliss & Glennon, Inc., for negligence in failing to provide notice of the policy to the Federal Motor Carrier Safety Administration, thereby resulting in Defendant's license to operate a fleet of commercial vehicles being revoked. Plaintiff now moves for issue, evidentiary, or terminating sanctions against Defendant, as well as an addition...

Excerpt: ...r 13, 2016, Plaintiff filed a First Amended Complaint, asserting causes of action for (1) violation of rent control regulations, (2) unlawful business practices, and (3) unjust enrichment. On August 2, 2017, Defendants filed a Motion for Summary Judgment, contending that this action is barred by claim preclusion. As of December 27, 2017, no opposition or reply has been filed. Procedural Background Plaintiff admits in the FAC that this action was ...

Excerpt: ...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 (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limite...

Excerpt: ...abbooi remains the only plaintiff in this action. Defendants filed the instant motion for judgment on the pleadings on November 28, 2017. Legal Standard: The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law....