Excerpt: ... Company (“Ford”) alleging violations of provisions of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Act (also known as Lemon Law claims). Ford now moves to disqualify Victor Block, counsel for Markle, and his newly formed law firm, the Block Law Group, because Mr. Block previously and recently represented Ford in hundreds of Lemon Law cases. Evidence Request for Judicial Notice Markle's request for judicial notice is granted. ...

Excerpt: ...move for relief under CCP, §473 seeking an Order allowing them to file an untimely Motion to Tax Costs. CCP §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 excusable neglect. Application for this relief shall be accompanied by...

Excerpt: ...rown”); Philip L. Browning; County of Los Angeles; Los Angeles Department of Children and Family Services; Superior Court of California for the County of Los Angeles; Mary Theresa Meza; Carvin Hall; Sonia Valiente; and Monica Rosenblum (collectively, “Defendants”). On October 3, 2016, Plaintiff filed a First Amended Complaint (“FAC”). The gravamen of Plaintiff's action is that the Court Commissioner hearing her juvenile dependency case ...

Excerpt: ...rporation (“Defendant”) alleging violations of the Fair Employment and Housing Act and the Labor Code. Plaintiff had been employed by Defendant from 2008 until 2016, when he resigned. Defendant now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitration between the parties exist and that the arbitration agreement is unconscionable, and ther...

Excerpt: ...LLC and Nathanial Cunningham Jr. Plaintiff seeks an award of $60,374.03 reflecting $55,813.26 in principal, $1,819.51 in prejudgment interest, $2,006.26 in attorneys' fees and $735.00 in costs. Plaintiff also seeks an additional $15.29 per day in prejudgment interest from December 18, 2017. The Court finds that Plaintiff has sufficiently supported its requests with the submitted evidence and declarations. Accordingly, the Court grants Plaintiff's...

Excerpt: ...a, Inc. (“LISI”), Hi-Shear Corporation, Inc. (“Hi- Shear”), and Michael Keating. Default was entered against LISI on November 13, 2017. LISI now moves to set aside the entry of default against it pursuant to CCP §§ 473.5 and 473(b). LISI originally made this motion on November 22, 2017 on an ex parte basis, which Plaintiff opposed on the grounds that no exigent circumstances existed. The Court denied the motion without prejudice to LISI...

Excerpt: ...ino”), as successor-in-interest to Eugene Nicholas Merino (“Eugene Merino”), deceased, and Doe Defendants 1 through 10, inclusive. The Garcias also filed a notice of related case on that same date, identifying the case Merino v. Garcia, et al., Los Angeles County Superior Court Case Number BC635651 (Merino v. Garcia), as a pending related case between the same parties on the same or similar claims. On August 2, 2017, the Honorable Howard L....

Excerpt: ...ED C. REQUESTS FOR SANCTION S Factual & Procedural Background Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed the instant action on February 16, 2017 against Entity Defendant A & G Connection, Inc. and Individual Defendants Hyung Gun Ban and Young Sook Ban. The Complaint alleges causes of action for: (1) breach of contracts; (2) open account; (3) account stated; (4) goods sold and delivered, (5) conversion, (6) claim and deliver, (7) promi...

Excerpt: ...s of the Paul L. Garcell and Pamela Hertz Revocable Family Trust, Stacey L. Hertz, as Trustee of the Stacey L. Hertz Revocable Family Trust, and as Personal Representative of the Estate of Murray Hertz, Patrick Dermody and Clara Carmen Dermody as individuals and Trustees of the Patrick and Clara Carmen Dermody Family Trust, Robert Richardson, individually and as Trustee of the Robert S. Richardson and Saundra Richardson Family Trust (collectively...

Excerpt: ...N INVESTMENTS, LLC Background On March 15, 2017, Plaintiffs Landmark Dividend LLC and Landmark Infrastructure Holding Company LLC (jointly “Plaintiffs”) filed their initial Complaint. Defendants Ross Klein (“Klein”) and Lefturn Investments, LLC (jointly, “Defendants”) demurred, and prior to the hearing on Defendants' demurrer to the Complaint, on July 13, 2017, Plaintiffs filed their First Amended Complaint (“FAC”). The FAC allege...

Excerpt: ... RULING ON PLAINTIFF'S AND CROSS- DEFENDANTS' MOTION FOR JUDGMENT PURSUANT TO CCP SECTION 631.8 [TENTATIVE AND PROPOSED] STATEMENT OF DECISION BY THE COURT AFTER TRIAL This matter came on for trial on September 25-27, 2017 in Department 50 of the above- entitled Court before the Hon. Teresa A. Beaudet, sitting without a jury. The Court, having considered the evidence and read the arguments of counsel, issues this tentative and proposed Statement ...

Excerpt: ...requirements (CRC 3.1362) and has provided sufficient reasons for withdrawal. Accordingly, the motion to be relieved as counsel will be granted. It is so ORDERED. DATED: January 18, 2018 __ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court ...

Excerpt: ... set forth below. The Legislature recently passed AB 383, which adds Section 2016.080 to the Code of Civil Procedure, effective January 1, 2018. That section provides, at subdivision (a): “If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court's own motion for the purpose of discussing discovery matters in dispu...

Excerpt: ...aintiff seeks an award of $39,044.56 <004b004800030026005200 005600030057004b0044>t Plaintiffs have sufficiently supported their requests with the submitted evidence and declarations. Accordingly, the Court grants Plaintiff's request and will enter judgment for Plaintiff in the amount of $39,044.56. No appearances are necessary at the hearing on this matter. <0003000300030003000300 03> __ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court ...

Excerpt: ...s Ditech Financial LLC; MTC Financial Inc.; and The Bank of New York Mellon. This action arises from a dispute over a mortgage on real property located in Long Beach, California (the “Property”). The Complaint asserts causes of action for (1) violations of Civil Code §2923.6; (2) negligence; (3) violations of Business & Professions Code §17200, et seq.; and (4) declaratory relief. Ditech Financial LLC (“Ditech”) and The Bank of New York...

Excerpt: ...G ON LIABILITY APPEAL AND B. PREVAILING ON FEES/COSTS APPEAL Background On January 15, 2014, Plaintiff The Redbean House Corporation (“Redbean”) filed a complaint against Defendant Colonnade Wilshire Corp. (“Colonnade”), Charles Dunn Real Estate Services, Inc. (“Charles Dunn”), Amir Madadi (“Madadi”), and DOES 1 through 10 (collectively “Defendants”) alleging causes of action for: (1) intentional misrepresentation; (2) neglige...

Excerpt: ...AINTIFF'S REQUEST FOR DEFA U Plaintiff H.L. Foodservice, Inc. requests that the Court enter default judgment against Defendants YS USA, LLC and Seok Park. After reviewing Plaintiff's default judgment package in support thereof, the Court finds the following defects:  Plaintiff still does not provide a separate document submitted under oath including an interest computation pursuant to Cal. Rules of Court Rule 3.1800(a)(3). While the Court appr...

Excerpt: ...ebruary 10, 2016. Plaintiff moves to compel the deposition of Carl Vizri after noticing his deposition for <0003002700480046004f00 0011000c00030037004b>e Court notes that no opposition to the motion to compel nor proofs of service of the motion have been filed. Accordingly, the Court denies the motion without prejudice to Plaintiff renewing the motion and giving proper notice thereof. Plaintiff is ordered to provide notice of this Order. <0003000...

Excerpt: ...ace (“Defendant”) to recoup money Defendant allegedly obtained through a fraudulent scheme involving encumbering property that was not hers. On the same day the action was filed, the parties entered into a written settlement agreement (the “Agreement”). Plaintiffs subsequently moved to enforce the settlement agreement; the Court granted the unopposed motion on June 30, 2017. The Court also ordered Plaintiffs to give notice and to file a p...

Excerpt: ... March 15, 2017 against Defendants Ross Klein and Lefturn Investments, LLC (jointly, “Defendants”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on July 13, 2017. The FAC alleges that Lefturn Investment, LLC was assigned nine Outdoor Advertising Lease Agreements (the “Site Leases”) for sites on which nine billboards were placed, located in various states in the Southeast United States, along with a Master Lease which...

Excerpt: ... ESCALATOR CO., INC. and Michael Barnum in the amount of $48,101.40. After reviewing Plaintiff's default judgment package, the Court finds that Plaintiff has corrected all of its defects. However, the Court finds that there remains insufficient evidence to grant judgment as to Michael Barnum. In terms of evidence of alter ego, statements made on information and belief are not statements made from personal knowledge of the purported facts. Moreove...

Excerpt: ....03. After reviewing Plaintiff's default judgment package, the Court finds the following defects:  Plaintiff declares that the Complaint sought $24,000, but thereafter the parties entered into a settlement agreement that provided Defendant would pay $24,000 plus $6,000 in estimated legal expenses to compensate for Plaintiff bringing this suit. Plaintiff further declares that Defendant paid $25,000 but still owes $6,000 for the remaining $4,000...

Excerpt: ...ment package, the Court finds the following defects:  While Plaintiff's counsel has adequately explained the corrections made to the CIV‐100, including the change with regard to the principal reflecting only six months of lost rent less a security deposit paid, along with interest and attorneys' fees calculations, the information provided must be given in a declaration under oath by a percipient witness, not by counsel who has no personal kn...

Excerpt: ...ne and Mimi Saidane (jointly, “Plaintiffs”) brought this action on June 30, 2017 against Defendants Patrick Khalafian (“Khalafian”),” Dertad Teddy Bedjakian “Bedjakian”) and 168 Entertainment, LLC (the “LLC”). The Complaint alleges that the Plaintiffs entered into an investment agreement (the “Agreement”) with Khalafian and the LLC on November 30, 2009, wherein Plaintiffs agreed to invest $205,000 into a new internet project...

Excerpt: ...Hearing Date Hearing Time: BC 672524 January 10, 20 8:30 a.m. [TENTATIVE] ORDER RE: APPLICATION FOR ADMISSION PR Katherine L. Villanueva applies to the Court for admission pro hac vice to appear on behalf of Defendant Lincoln Benefit Life Company ("LBLC)_ The Application is submitted with a declaration by Katherine L. Villanueva made under penalty of perjury and is in compliance with the requirements set forth in Califomia Rules of Court Rule 9.4...