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: ... 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: ... 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: ... 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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...�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: ...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: ... 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: ... 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: ...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: .... 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...