Excerpt: ...ce of settlement of entire case as filed on September 20, 2017, conditioning dismissal upon approval of the minor's compromise of pending action. The petition to approve the minor's compromise was filed on October 3, 2017, with a hearing date of November 8, 2017. When the matter came for trial on October 23, 2017 and Plaintiffs failed to appear, the court dismissed the action pursuant to CCP section 581(b)(3). Plaintiffs now move to vacate the di...

Excerpt: ..., Inc. (“Respondent”) on April 21, 2016. After the matter was ordered to arbitration, Petitioner filed the instant motion to confirm the arbitration award on <0003004800570003005600 48005400110003> 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) 19 Cal.App.3d 836, 840.) A party may seek a court judgment confirming an arbitration award by filing ...

Excerpt: ...t merit. (CCP §2033.290(a).) The motion must be accompanied by a Section 2016.040 meet and confer declaration and must be noticed within 45 days of service of the response, or supplemental response, unless the parties have agreed in writing to an extension of the 45‐day deadline. (CCP §§ 2033.290(b)‐(c).) If the motion is not timely filed, the party waives the right to compel further responses to the requests for admissions. See Id. The mo...

Excerpt: ...tiff because Plaintiff failed to provide any evidence at the April 16, 2015 bench trial against Hartford. (July 15, 2015 Notice of Ruling.) On January 10, 2017, Judge Elaine Lu entered default judgment against Defendant Los Angeles Legales (“Legales”) in favor of Plaintiff (“January 10, 2017 Judgment”). On November 3, 2017, Plaintiff filed a Motion to Amend Judgment (the “Motion”), seeking to add Hartford into the January 10, 2017Judg...

Excerpt: ...ction of documents. When no responses were received, Defendants filed a motion to compel responses, which was granted on August 15, 2017. When responses were still not forthcoming, Defendants filed the instant motion to compel further or award terminating sanctions. 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), 2030.29...

Excerpt: ...cle (2007 Lexus LX4570) for the purpose of valet parking, but negligently operated the Lexus vehicle such as to collide it with a third-party Luther B. Chen's vehicle (2012 Honda Civic). (Id. ¶ 10.) Because of the collision, Plaintiff paid $7,519.83 in liability to its insured and Chen. (Id. ¶ 16.) Plaintiff seeks to recover the amount of damages it insured and paid. On November 3, 2017, Plaintiff filed a Motion for Summary Judgment (the “Mot...

Excerpt: ...ntract arising out of a claim for indemnity for payment of a bond. Plaintiff American Contractors Indemnity Company (“ACIC”) entered into an indemnity agreement with USFC Inc. dba US Floor Covering (“USFC”) wherein ACIC agreed to provide the necessary bond for USFC, Inc. to obtain a contractor's license. Defendant/Cross-Complainant Mohammad Hedayati (“Cross-Complainant”) signed the indemnity agreement on behalf of USFC and as an indiv...

Excerpt: ...ever”), Jang R. Cho, and Nextrade, Inc. (collectively, “Defendants”), asserting causes of action for (1) breach of contract, (2) open account, (3) account stated, and (4) goods sold and delivered (quantum meruit). Cross-Complainant Texever filed a Cross-Complaint on October 20, 2017 and a First Amended Cross-Complaint (the “FACC”) on January 11, 2018, both against Cross-Defendants Neman, Yaghoud Nourany, Yoel Neman, and Chris Lee. On Oc...

Excerpt: ... of assignment of judgment to contain the following: (1) The title of the court where the judgment is entered and the cause and number of the action. (2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court. (3) The name and address of the judgment creditor and name and last known address of the judgment debtor. (4) A statement describing the right represented by the judgment that is ...

Excerpt: ...e while driving his vehicle. (Compl. ¶ GN-1.) Because of the seizure, Defendant collided his vehicle into five other vehicles, including Plaintiff's, causing Plaintiff's injuries. (Id.) On November 9, 2017, Plaintiff filed a Motion for Summary Judgment, or in the Alternative, for Summary Adjudication (the “Motion”). On January 12, 2018, Defendant filed <00480053004f005c000300 00030049004c004f0048[d. Legal Standard “In moving for summary ju...

Excerpt: ...id Petitioner this amount exactly.[1] However, Petitioner argues Respondent failed to take into account interest that Petitioner was owed, and after attempting to convince Respondent to pay interest without success, brought the instant petition on March 28, 2017, to compel Respondent to pay interest. Legal Standard Pursuant to Civ. Code § 3287(a): A person who is entitled to recover damages certain, or capable of being made certain by calculatio...

Excerpt: ...amend, Plaintiff filed an “Amended Complaint” which appears to allege a fraud claim without expressly stating so. The Court deems this pleading to be the First Amended Complaint for fraud. Plaintiff alleges in the FAC that he was enrolled in a graduate studies program at CSUN in 2010 through the thesis program. (FAC 2:12.) Plaintiff alleges that in 2009, he was enrolled in the Comprehensive Exam Program. (FAC 2:17.) Plaintiff alleges that Ali...

Excerpt: ...ctions <0048000300560048004600 0011001a000b0045000c[ provides that By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:...

Excerpt: ...d by Defendant Rita Vilchez and Defendant West Coast Landscape Management LLC, causing harm to Plaintiff's insured. Default was entered against Defendants Andrew Vilchez and Rita Vilchez on January 14, 2015. Default was entered as to Defendant West Coast Landscape Management, LLC, on October 1, 2015. The Court entered default judgment against Defendants on April 19, 2016. Defendants Rita Vilchez and Andrew Vilchez filed the present motion on Janu...

Excerpt: ... 5, 2012. On October 22, 2012, Plaintiff dismissed Defendant Garcia from the action. Plaintiff and Defendant Rodriguez reached a settlement on October 15, 2012, in which Defendant Rodriguez agreed to pay $4,637.10 in monthly installments. (Motion, Poteet Decl., ¶8 and Exh. B.) The stipulated judgment was entered by the Court on November 9, 2012. The stipulated judgment also provides that upon Defendant's default, Plaintiff would demand full paym...

Excerpt: ...es, Set One; Request For Monetary Sanctions are GRANTED. Defendants have not provided any responses to the discovery propounded by Plaintiff. There is no requirement for a prior meet and confer before a motion to compel initial responses can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. Based on the foregoing, Plaintiff is entitled to an order that Defendants answer the interrogat...

Excerpt: .... Plaintiff served verified discovery responses to the outstanding discovery on August 21, 2017. With respect to the issue of sanctions, the Court finds that an award of sanctions is appropriate <0048004800510003005300 005100520057004c0046>ed. Plaintiff has not demonstrated that its failure to respond was substantially justified. Defendant provided extensions of time for Plaintiff to serve responses, including to July 21, 2017 and August 7, 2017....

Excerpt: ...t against Defendant, the Court dismissed the action without prejudice. Plaintiff now moves to set aside the August 9, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in failing to obtain default judgment. 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 mi...

Excerpt: ...urt notes that Defendant has not indicated the basis on which he seeks relief. However, Defendant's arguments are that the default judgment is void and in violation of due process. As such, the Court finds that Defendant is seeking relief pursuant to CCP section 473(d) and on equitable grounds. Section 473(d) Section 473(d) provides that “[t]he court may . . . on motion of either party after notice to the other party, set aside any void judgmen...

Excerpt: ...however, the amount requested is excessive given the simplicity of these nearly identical and unopposed motions. Therefore, Defendant is ordered to pay sanctions in the amount of $420.00, based on two hours of attorney time billed at $150.00 per hour, and two filing fees of $60.00 each, within 30 days. (See Motion, Gaba Decl., ¶9.) Moving party to give notice. ...

Excerpt: ... December 6, 2017. This motion was filed on December 21, 2017 and seeks attorneys' fees in the amount of $7,035.89 and $1008.61 in costs per its filed memorandum of costs. A motion for attorneys' fees must be filed and served within the time for filing a notice of appeal under California Rules of Court Rule 8.822. Cal. Rules of Court Rule 3.1702(b). Court Rule 8.822 states that an attorneys' fees motion must be filed within either (1) 30 days aft...

Excerpt: ... an additional filing fee and bring proof of payment to court on the day of hearing and 2) provide a declaration on the day of the hearing show that it has satisfied the requirement of CCP § 2025.450(b)(2). If either of the conditions are not met, the hearing on this Motion will be continued. Background On June 4, 2015, Plaintiff Mario Garcia (“Plaintiff”) filed this breach-of-warranty action against the seller of his vehicle (VIN 1HD4LE233F...

Excerpt: ...elevant, improper, and now drawn in conformity with California law. 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.” (Code Civ. Proc., § 92(d).) The motion does not challenge the complaint on the basis of unsupported damages or relief. Accordingly, Defendant's motion to strike is denied. The Court notes Defenda...

Excerpt: ... Defendants Christy Iniguez (“Iniguez”) and Ricardo Cortes (“Cortes”) (collectively, “Defendants”). Defendants live in Chicago, Illinois, and Plaintiff lives in Los Angeles, California. The parties entered into a lease agreement for Defendants to lease Plaintiff's property in Chicago, Illinois. On June 26, 2017, Defendants filed a Motion to Quash the Summons and Complaint (the “Motion”). On January 4, 2018, Plaintiff filed his Opp...

Excerpt: ...er, fax number and email address, and State Bar membership number of the attorney for the party on whose behalf the paper is presented. (See CRC Rule 2.111(1).) Instead, the caption only includes the contact information for Defendant, which claims to represent itself. (See Answer, p. 1.) Furthermore, the Answer is signed by “Yigal Azrouel.” (Ibid.) A corporation cannot sue or defend in pro per. (Merco Const. Engineers v. Municipal Court (1978...

Excerpt: ... Law Group, P.C. on October 12, 2017 and ADLI Law Group, P.C. subsequently assigned the arbitration award to Petitioner Arden Silverman of Capital Asset Protection (“Petitioner”) on the same date. Petitioner filed a petition to confirm the arbitration award on November 3, 2017. Discussion Petitioner filed the instant petition to confirm the arbitration award issued in favor of Mr. Sherman and against Respondent in an attorney-client fee arbit...

Excerpt: ...o CCP section 664.6 on the same date. Plaintiff now moves to enforce the settlement and enter judgment pursuant to that statute. Under CCP section 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 partie...

Excerpt: ...ED. Background On August 9, 2017, Plaintiff/Cross-Defendant Sky High Investments Company, LLC (“Sky High”) filed the instant action against Defendant/Cross-Complainant Antonio Perez (“Cross-Complainant”). Sky High alleged in its complaint that Cross-Complainant Perez agreed to lease the property located at 931 E. Pico Blvd., Unit #117, and pay rent at $2,800 a month from February 1, 2017 until January 31, 2018. Sky High alleges that on or...

Excerpt: ...ED. Background On August 9, 2017, Plaintiff/Cross-Defendant Sky High Investments Company, LLC (“Sky High”) filed the instant action against Defendant/Cross-Complainant Daniel Aragon (“Cross-Complainant”). Sky High alleged in its complaint that Cross-Complainant Aragon agreed to lease the property located at 931 E. Pico Blvd., Unit #117, and pay rent at $2,800 a month from February 1, 2017 until January 31, 2018. Sky High alleges that on o...

Excerpt: ...ntrusted to the California State Controller's Office. In 2014, Plaintiff alleges that she discovered that Farmer's money had been fraudulently obtained by Thomas and Dustin Rodine (“the Rodines”). Plaintiff alleges that the Rodines were convicted of fraud in May 2010, and ordered to pay restitution. Plaintiff alleges that the Attorney General received the restitution, and Farmer received nothing. Plaintiff alleges that the money was delivered...

Excerpt: ...e was posted on the website www.ripoffreport.com, which is operated by Defendant Xcentric Ventures, LLC, and is available via search engines operated by Defendant Google, Inc. On July 25, 2017, Plaintiff filed a motion for a preliminary injunction, seeking to have the article taken down. On August 17, 2017, the Court denied the motion, on the ground no proof of service demonstrates whether either the motion for preliminary injunction or the under...

Excerpt: ...ered in a motor vehicle accident. On January 13, 2017, Plaintiff filed a First Amended Complaint (“FAC”). On April 3, 2017, Defendants filed motions to compel production, interrogatories, and deposition. On August 9, 2017, the Court granted Defendants' motions to compel responses and attendance at deposition. On September 29, 2017, Plaintiff filed the instant motion for reclassification. Defendants filed an opposition on December 21, 2017. De...

Excerpt: ...fendant to perform certain construction at the real property located at 433 E. Lanzit Avenue, Los Angeles, CA 90061. Further, Plaintiff alleges that based on Defendant Khalil's representations, it did a limited portion of the work while Kahlil paid the deposit, and upon completion of this initial work submitted an invoice to Defendants in the amount of $19,273.13. Plaintiff filed the instant action to collect this amount due under the contract. D...

Excerpt: ...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, 707.) Purs...

Excerpt: ...ontinuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested...

Excerpt: ...on as it was improperly filed. On March 1, 2017, Plaintiff American Technologies, Inc. (“ATI” or “Plaintiff”) filed this <0026004400550052004f00 002700440051004c0048[ls (“Mrs. Daniels”) and Bleaker Daniels (“Mr. Daniels”) (collectively, “Defendants”), who are wife and husband. On May 24, 2017, default was entered against Mrs. Daniels; and on June 7, 2017, default was entered against Mr. Daniels. No default judgment has been en...

Excerpt: ...ective economic advantage, and (5) conversion. This action arose from an alleged unpaid attorney's fee from another case. Plaintiff represented a Ronald Sarrow (“Sarrow”), a third party, in a vehicle collision action against Defendant in small claim court, and the representation was based on a contingency fee Retainer Agreement. Plaintiff assisted Sarrow in obtaining a judgment in his favor in the amount of $4,065 against Defendant, who was r...

Excerpt: ...ndsen is ordered to file and serve a supplemental briefing by December 11, 2017 explaining why the demurrer should not be placed off-calendar as moot in light of his dismissal. The Court also ordered that Gulbrandsen must meet and confer with Ganoung to resolve objections raised by demurrer pursuant to CCP §430.41 no later than December 11, 2017. On November 29, 2017, Gulbrandsen filed the Declaration of Robin F. Genchel Re: Meet and Confer Prio...

Excerpt: ... 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 defects that appear on the face of the pleading under attack, ...

Excerpt: ...e Company's Demurrer to the Third cause of action of the First Amended Complaint is OVERRULED. Defendant Century-National Insurance Company's Motion to Strike Punitive Damages in Plaintiff's First Amended Complaint is moot in light of the Court's ruling on Defendants' Demurrer. This motion is therefore not decided. Demurrer Initially, the Court notes that special demurrers are not allowed in limited jurisdiction courts. (Code Civ. Proc. § 92(c)....

Excerpt: ... that “[t]he court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” Rule 3.1324 of the California Rules of Court sets out a number of requirements for amended pleadings. These requirements will be examined in turn. Rule 3.1324(a) requi...

Excerpt: ...ro.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 pol...

Excerpt: ... and compels them to appear in court. (Mannesmann <0024005300530011001600 00140014001500150011>) A defendant is under no duty to respond in any way to a defectively served summons. (Kappel v. Barlett (1988) 200 Cal.App.3d 1457, 1466; Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) It makes no difference that defendant had actual knowledge of the action, as such knowledge does not dispense with the statutory requirements for service of s...

Excerpt: ...dant, and compels them to appear in court. (Mannesmann <0024005300530011001600 00140014001500150011>) A defendant is under no duty to respond in any way to a defectively served summons. (Kappel v. Barlett (1988) 200 Cal.App.3d 1457, 1466; Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) It makes no difference that defendant had actual knowledge of the action, as such knowledge does not dispense with the statutory requirements for service...

Excerpt: ...iff now moves to set aside the July 5, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of her 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, the court shall vacate a resulting default, default ju...

Excerpt: ...f. Cross-Defendant filed the instant Motion on November 8, 2017. On December 18, 2017, the Honorable Elaine Lu of this Court continued this matter to allow Cross-Defendant to respond to the arguments raised in Cross-Complainant's untimely opposition. The Court ordered Cross-Complainant to re-serve its opposition on Cross-Defendant and file proof of service of such by December 21, 2017. The Court also ordered Cross-Defendant to file and serve any ...

Excerpt: ...Response Pursuant to Court's December 21, 2017 Order and to Plaintiff's Motion to Reconsider, filed on January 5, 2018, it contends that the individual defendants were not served with this motion. The individual defendants have never appeared in this action and counsel for the City of Los Angeles has advised the court that it cannot accept service of the summons and complaint in this case on behalf of any of the individual defendants. However, co...

Excerpt: ... 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 moves to set aside the June 8, 2017 dismissal and to enter judgment pursuant to the parties' stipulated settlement. At the initial hearing on October 25, 2017, th...

Excerpt: ... with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Defendant Lincoln Transportation has not shown that any of these factors is present here. Plaintiff, however, is ordered to serve verified responses to the interrogatories and request for production of documents, without objections, within 20 days. The Court finds Plaintiff's failure to respond a misuse of the discovery process. (CCP § 2023.010(d).) Sanctions have ...

Excerpt: ...nd 452. Overview of Relevant Law The objection that a complaint does not state facts sufficient to constitute a cause of action is normally raised at an early stage in the proceedings by a general demurrer. However, a general demurrer is not the only procedural device available for this purpose, and it 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 t...

Excerpt: ...�) and Raymond Verduzco (“Raymond”) (collectively, “Defendants”) on October 4, 2016. At the trial setting conference, trial was scheduled for February 21, 2017. Defendants failed to appear on the trial date of February 21, 2017, and a prove-up hearing was held. At the prove up hearing, Plaintiff contends that judgment was granted against both Defendants Sara Verduzco and Raymond Verduzco, and that possession of the motor vehicle was award...

Excerpt: ...stant action on October 12, 2016, against Defendant Brandon Forsberg (“Defendant”) alleging auto negligence. Plaintiff alleged that on October 14, 2015, she was injured when Defendant negligently rear-ended her. Legal Standard Motion for Leave to File Amended Complaint Amendment once as a matter of course is permitted any time before the answer or demurrer is filed. (Code Civ. Proc., § 472(a).) After that “the court may, in its discretion ...

Excerpt: ... v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) “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 policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party' is sho...

Excerpt: ...nitial 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 limited only if i...

Excerpt: ...er. The Court declines to impose sanctions on Plaintiff and its counsel as requested by Defendant. Legal Standard A motion to compel further responses to a demand for inspection “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1).) Once the party who seeks to compel production has met its burden of showing good cause, the burden shifts to the resisting party to justify its o...

Excerpt: ...rrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that . . . “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Notice of the motion must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (CCP § 2030.300(c).) Notice of the motion must be given w...

Excerpt: ...0037004b004800030029>irst Amended Complaint <0055004800540058004800 00580051004c0057004c>ve damages. (FAC, ¶14(a)(2).) Sanraj Corporation, Sanjay Patel, and Aditya Choksi (“Moving Defendants”) move to strike the request for punitive damages on the grounds that it is not supported by any alleged facts demonstrating that their conduct was intentional, malicious, oppressive or fraudulent. Civil Code section 3294 authorizes punitive damages in n...

Excerpt: ...nt motion to vacate the default judgment on May 18, 2017. The judgment was timely renewed on April 15, 2014. Defendant filed the instant motion to vacate the default judgment on January 9, 2017. The hearing was initially set for June 12, 2017, but continued by the court to allow Plaintiff to provide a courtesy copy of its opposition papers. Discussion Defendant moves to vacate the default judgment pursuant to CCP section 473 on the grounds that s...

Excerpt: ...) At the end of the hearing, Defendant's President and CEO, James Cowherd, informed Banks of Defendant's new address at 3125 West Ali Baba Lane, Las Vegas, Nevada (“Ali Baba address”) and that Defendant's old addresses at Commercial Way and East Patrick Lane were no longer valid. (Id. at ¶3 and Exh. A.) This request was made on the record and confirmed on the record by Banks. (Ibid; Bret Decl., ¶4 and Exh. E-G.) <0056000300490044005900 0055...

Excerpt: ... that Petitioner did not attach a copy of the reservation receipt to the October notice, despite including the Reservation ID on the first page. The December 12, 2017 notice includes the receipt on the last page and, without explanation, has photos attached. Neither notice, however, includes the Court-ordered proof of service. On this ground alone, the Petition must be denied. Whether Respondent is Bound to Current Rules and Regulations Petitione...

Excerpt: ...ds that the proof of service of the Petition, filed on March 13, 2017, did not demonstrate personal service on Respondent, or diligence for purposes of substitute service. Petitioners were ordered to file a proof of service demonstrating proper personal or substitute service of the Petition on Respondent by May 1, 2017. Petitioners were further ordered to give notice of the new hearing date and file proof of service of the same by May 1, 2017. At...

Excerpt: ...f a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments: (1) Wages dues from the federal government that are not subject to withholding under an earnings withholding order. (2) Rents. (3) Commissions. (4) Royalties. <0003004400030053004400 004600520053005c0055[ight. <004f005200440051000300 590044004f005800480011[ Code of Civil Procedure...

Excerpt: ... 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 agreement can be reached that would resolve the objections to be raised in the demurrer.” Pursuant to a Court's order, Defendant submitted a declaration attesting to its meet-and...

Excerpt: ...'s insureds, non-parties Sherry and Mark Young (collectively, the “Youngs” or “insureds”), purchased an HVAC unit at Defendant Costco Wholesale Corporation (“Costco”), which was sold and installed by Defendants Rowland Air, Inc. and its employees, Robert Avalos, Jeff Hanley, Jonathan Morales, and Javier Ramirez (collectively, “non- Costco Defendants”). Because of the purported improper installation of the HVAC and the property dam...

Excerpt: ... Sayegh (“Plaintiff”) filed the instant action against Defendant State Farm Mutual Automobile Insurance Company (“Defendant”), alleging that it breached its obligation to indemnify him for losses he incurred with respect to his insured motor vehicle. The Complaint alleges claims for (1) bad faith breach of contract; (2) bad faith breach of contract (indemnity); (3) breach of the implied covenant of good faith and fair dealing; and (4) dec...

Excerpt: ...arty. Petitioner now seeks a court order under Gov. Code § 12261 to reinstate its status to active. Legal Standards California Government Code § 12261 provides: “(a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following: (1) The factual representations by a shareholder, member, partner, or other person that are contained in the termination document are materially...

Excerpt: ...n February 16, 2016. The Cross-Complaint was filed on April 15, 2016. In the Cross- Complaint, Cross-Complainant prayed for compensatory damages but did not indicate an amount. Legal Standard CCP § 403.040 allows a defendant to file a motion for reclassification of an action within the time allowed for that party to respond to the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the defendant to respond to the plea...

Excerpt: ...��Defendants”). Shigeta made a claim to her insurer, Plaintiff, and Plaintiff paid the claim in the amount of <005200570044004f000300 0044004c004700030052[n the claim against Defendants, who are alleged to have caused the loss or are otherwise liable for the loss. Shigeta filed an unlimited civil action arising out of the same accident on October 29, 2016, Shigata v. Zepeda, BC638859. That case is assigned to Department 91. Zepeda and Rodriguez...

Excerpt: ...r machine (“ATM”) units throughout Southern California. Plaintiff alleges that Defendant Hahn is the former owner of the market located at 2404 South Vermont Avenue, in Los Angeles County (the “Market”). Further, Plaintiff alleges that Kelly Kang and Johnathan Kang are the current owners of the market. Plaintiff alleges that on or about June 19, 2009, Plaintiff and Defendant Hahn entered into a written agreement pursuant to which Plaintif...

Excerpt: ...��Defendant”). On February 6, 2017, Defendant filed an Answer. On December 13, 2017, Plaintiff filed a Motion for Judgment on the Pleadings (the <00130014001b000f000300 004c0057004c00520051> or reply has been filed. Meet and Confer “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion f...

Excerpt: ...ff's personal information held by Defendant. On November 13, 2017, Defendant filed a Demurrer. On December 28, 2017, Plaintiff filed <005700030049004c004f00 004f005c0011[ 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 a...

Excerpt: ...on 664.6 Plaintiff now moves to enforce the settlement and enter judgment pursuant to that statute. Under CCP section 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 juris...

Excerpt: ...he hearing on the Petition was initially set for August 29, 2017, but continued to October 12, 2017. On September 5, 2017, Petitioner filed an amended notice of hearing on the Petition, demonstrating that notice of the continued hearing was served on Respondent by mail. However, the notice of the hearing is required to be served on Respondent in the manner provided by the arbitration agreement, or if the arbitration agreement does not provide a m...

Excerpt: ...amount of $4,000 in damages and no attorney's fees. Plaintiff appealed the attorney's fees portion of the default judgment, and the Court of Appeals reversed, holding that the award of no attorney's fees was an abuse of discretion and remanded this action for this Court to determine a reasonable amount of attorney's fees. <0003004900520055000300 00030024005700570052[rney's Fees (the “Motion”). As of December 26, 2017, no opposition or reply h...

Excerpt: ...2, 2014, Plaintiff's attorney, Harold Rubinfeld (“Rubinfeld”), and Defendant presented the Court with a Stipulation for Installment Payments and Entry of Judgment in the Event of Default (the “Stipulation”). (June 12, 2014 Minute Order; Rubinfeld Decl., Exh. A.) On the same day, the Court dismissed this action without prejudice and stated that it retained jurisdiction pursuant to the Stipulation and CCP § 664.6 to enforce the full terms ...

Excerpt: ...t aside the November 6, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of her 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, the court shall vacate a resulting default, default judgment or dismi...

Excerpt: ...ed to appear at the OSC, the Court dismissed the action without prejudice. Plaintiff now moves to set aside the June 23, 2017 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of her 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, inadver...

Excerpt: ...ant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, �...

Excerpt: ... days of the April 18, 2017 order. As of the filing of this motion, Defendant 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...

Excerpt: ...an be justified. . . .” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) “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 policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable preju...

Excerpt: ...ions to Strike under CCP § 425.16 (anti-SLAPP statute), the Court entered judgment in <005600570003001a000f00 004f0044004c00510057[iff filed a Notice of Appeal. On October 19, 2017, the court clerk entered a Remittitur from the Court of Appeals affirming the judgment. On November 16, 2017, Citibank filed a Motion for Award of Attorney's Fees on Appeal (the “Motion”) pursuant to CCP § 425.16(c). On December 29, 2017, Plaintiff filed an Oppos...

Excerpt: ...et, Lancaster, California 93536 (the “Subject Property”). On September 26, 2017, the Berumens (“Cross-Complainants”) filed a Cross-Complaint against Sunnova Energy Corporation (“SEC”), Pacwest Power (“Pacwest”), LLC, Keith Gonzalez, Markee Lawain Adams (“Adams”), Suncoast Solar (“Suncoast”), Chris Perrier (“Perrier”), CEDI, and State <005c000f000300b3002600 00480051004700440051[ts”), asserting causes of action for (1...

Excerpt: ...ation (“Costco”), which was sold and installed by Defendants Rowland Air, Inc. and its employees, Robert Avalos, Jeff Hanley, Jonathan Morales, and Javier Ramirez (collectively, “non- Costco Defendants”). Because of the purported improper installation of the HVAC and the property damages arising therefrom, Plaintiff paid the Youngs $24,421.22, under to their insurance policy, and filed this subrogation action to recover the damages. On Fe...

Excerpt: ...motion should have instead been brought as a “renewed” application pursuant to CCP section 1008(b).A motion for reconsideration under section 1008(a) seeks to modify or set aside the court's previous order, while a renewed motion seeks the same relief that was previously denied. (CCP § 1008(a), (b); California Correctional Peace Officers <0003005100110003001400 004f005600520003>Tate v. Wilburn (2010) 184 Cal.App.4th 150, 156-157.) Accord...

Excerpt: ...of Service.) On November 30, 2017, Lark filed a Demurrer to the Complaint, arguing that Plaintiff fails to allege sufficient facts to constitute a cause of action against him. As of December 26, 2017, no opposition has been filed. 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 allege...

Excerpt: ... December 21, 2017, no opposition has been filed. Overview of Relevant 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, how...

Excerpt: ...017 reverses the judgment ofthe trial court and leaves to the trial court, upon remand, to calculate the precise amount of rent Defendant is to pay as part of the conditional settlement to be entered in her favor Plaintiff PLB Management, LLC ("Plaintiff) appealed an underlying unlawful detainer judgment arguing that the judgment failed to state the correct adjusted rent Defendant Tanya Santiago ('Defendant") was required to pay due to a breach o...

Excerpt: ...amount of $4,000 in damages and no attorney's fees. Plaintiff appealed the attorney's fees portion of the default judgment, and the Court of Appeals reversed, holding that the award of no attorney's fees was an abuse of discretion and remanded this action for this Court to determine a reasonable amount of attorney's fees. <0003004900520055000300 00030024005700570052[rney's Fees (the “Motion”). As of December 26, 2017, no opposition or reply h...

Excerpt: ...ave to File Cross-Complaint against the driver of Plaintiff's vehicle, Vagan Gukasyan (“Gukasyan”), who is a nonparty to this action. The proposed cross-complaint asserts causes of action for (1) indemnity, (2) apportionment, and (3) declaratory relief. As of December 26, 2017, no opposition has been filed. Legal Standard The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment...

Excerpt: ...ny objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Background This is a personal injury action arising from a car and bicycle collision. On August 12, 2016, Plaintiff Daniel Brito ("Plaintiff") filed a complaint against Defendants Israel T. Osorio (“Osorio”) and Daisy L. Rivera (“Rivera”) (collectively “Defendants”),...

Excerpt: ...respondingly extended based upon new trial date. Background On October 2, 2014, Insured Martin Villegas and Defendant Michael Douglas (“Defendant”) were involved in an automobile accident where Martin Villegas was in the course and scope of his employment as a landscaper for Centeno S. Landscaping, Co. On September 8, 2016, Plaintiff Insurance Company of the West (“Plaintiff”) filed a Complaint for subrogation recovery against Defendant. ...

Excerpt: ...cle collision and injured one of its insured. On March 2, 2017, Defendant filed an Answer. On August 30, 2017, Plaintiff served a Request for Admissions, Set One on Defendant. (Trabish Decl. ¶ 2, Exh. 1, Proof of Service.) Plaintiff has not received a discovery response to the Request for Admissions from Defendant. (Id. ¶ 3.) On October 25, 2017, Plaintiff filed a Motion for Order Deeming Plaintiff's Request for Admissions as Admitted (the “M...

Excerpt: ...of-contract action against Defendants Vees Café, LLC (“VCL”) and Hector Aquino (“Aquino”). On November 23, 2015, VCL and Aquino (“Defendants/ Cross-Complainants”) filed a Cross-Complaint against Luis, Lopez, and Gomez (collectively, “Plaintiffs/Cross-Defendants”) On December 12, 2017, Defendants/Cross-Complainants filed a Motion to Disqualify Attorney Marc I. Zussman and his Law Offices and Request for Sanctions Against Attorney ...

Excerpt: ...ed jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 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 not grounds for a demurrer. (Pierson v Sharp Memorial Hospital (1989) 216 Cal.App.3d 340, 342; see also City & County of San Franc...

Excerpt: ...dman caused the Sheriff to levy $10,143.00 from a bank account at Wells Fargo Bank that was jointly owned by Third-Party Claimant Dona Powell (“Powell”) and her son, Defendant Solomon. On April 7, 2017, Powell filed a third-party claim of exemption in which Powell declared that all of the funds in the account belonged to her; and that Solomon was added to the account only as a “joint tenant” in the event of her death, but that the funds d...

Excerpt: ...has not resulted in actual notice to a party in time to defend the action.” Relief must be sought “within a reasonable time, but in no event exceeding” two years after entry of the default judgment or 180 days after service of written notice that the default or default judgment has been entered, whichever is earlier. Defendant's motion is not timely under this statute. CCP § 473(d) provides that “[t]he court may . . . on motion of either...

Excerpt: ...��Valerie Avelar, aka Valerie Jauregui, and Does 1-10, inclusive,” but the case number reflects the case number for the instant case. Plaintiff now moves to set aside the dismissal pursuant to CCP § 473(b),(d), based on the mistake of counsel in writing the incorrect case number on the form. 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 a...

Excerpt: ...n attesting to those efforts. (CCP § 2030.300(b).) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) A discovery motion should not be denied automatically based upon the reason that the moving parties failed to meet and confer in good faith. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424...

Excerpt: ...owed only on the ground that the damages or relief sought are not supported by the allegations in the complaint. CCP § 92(d). An anti-SLAPP motion pursuant to CCP § 425.16 is defined as a special motion to strike and seeks to strike the entire cause of action. For that reason, it exceeds what § 92(d) permits and thus is barred in limited civil cases. The text of § 92(d) alone thus requires the Court to deny the instant motion. Further, this r...

Excerpt: ...responses to the discovery be made. (Mot. Ex. B, C). Defendant indicates that no responses have been received. Based on the foregoing, Defendant is entitled to an order compelling Plaintiff to respond to the form and special interrogatories and requests for production propounded by Defendant. <001c001300030044005100 00130013000300440051>d have been properly noticed. Defendant requests sanctions in the amount of $960.00 per motion, or $2,880.00 in...