Excerpt: ...Section 704.740 [] says[] a dwelling may not be sold to enforce a money judgment ‘except pursuant to a court order for sale obtained under this article . . . .' (§ 704.740, subd. (a).) The ‘article' referred to is article 4, “Homestead Exemption,” sections 704.710 through 704.850.” (Wells Fargo Financial Leasing, Inc. v. D & M Cabinets (2009) 177 Cal.App.4th 59, 67.) “Section 704.740 is part of the homestead laws. ‘Homestead laws a...

Excerpt: ...tiff Ernest Kemeny (“Plaintiff”) filed this action against Defendant County of Los Angeles (“Defendant”), seeking refunds of his property taxes. On January 26, 2017, Defendant filed a Motion to Reclassify and a Demurrer. Legal Standard CCP § 403.040 provides in relevant part: “(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. ...

Excerpt: ... amend the initial pleading. (Code Civ. Proc., § 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).) An action is subject to reclassification from unlimited to limited jurisdiction, “when (i) the absence of jurisdiction is apparent ...

Excerpt: ... made promptly on the necessity for the continuance being ascertained. A continuance before or during trial shall not be granted except on an affirmative showing of good cause under the standards recommended in section 9 of the Standards of Judicial Administration. . . .” The general rule governing continuances set forth in section 9 of the Standards of Judicial Administration is that “. . . the necessity for the continuance should have resul...

Excerpt: ... Set One (RFPs) on January 9, 2018, by mail. (Motion, Simpson Decl. ¶4, and Exh. 1.) On or around March 2, 2018, Grindle's counsel served objection-only responses. (Id. at ¶7). Plaintiff's counsel was made aware at some point that Grindle's counsel was unable to reach Grindle. Counsel agree that on March 9, 2018, when Plaintiff's counsel appeared at Grindle's counsel's office to defend Plaintiff's deposition, Plaintiff's counsel had Grindle's d...

Excerpt: ...ny commissions in order to satisfy the judgment and an order restraining Defendant and his servant, agent, employee, or attorney from encumbering, assigning, disposing or spending the commissions. Legal Standards The Enforcement of Judgments Law (CCP §§ 680.010-724 .260) provides: “Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.” (CCP § 695.010(a).) CCP § 708.510(a) p...

Excerpt: ...veridge (“Defendant”). On April 13, 2018, Defendant filed the instant demurrer to the TAC. No opposition has been filed. Legal Standard When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects app...

Excerpt: ...y's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (Code Civ. Proc., § 128.5, subd. (a).) The reasonableness of attorney fees lies within the discretion of the trial court. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1096.) The court makes it determination based on the consideration of a number of factors, including, “the nature of th...

Excerpt: ...08. On April 27, 2017, Defendant Jackson filed a cross-complaint for indemnity, declaratory relief and apportionment of fault against Defendant Jeffrey. On May 25, 2017, Defendant Jeffrey, in pro per, answered the complaint. On June 20, 2017, Plaintiff dismissed Defendant Jose Novoa. On November 28, 2017, the court granted Plaintiff's motion to deem admissions admitted as to Defendant Jeffrey. On February 20, 2018, Plaintiff dismissed Defendant J...

Excerpt: ... common counts for money had and received, (2) conversion pursuant to Civ. Code § 3336, (3) violation of CCP § 706.154(a), and (4) violation of CCP § 708.210 (erroneously cited as CCP § 708.10). On February 18, 2018, Defendant filed a Motion for Summary Judgment or, in the Alternative, Summary Adjudication (the “Motion”). On March 8, 2018, Plaintiff filed an opposition. On April 27, 2018, Defendant filed a reply. Background This action is...

Excerpt: ...etermination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) “The notice of motion and motion, the declaration, and...

Excerpt: ...filed a reply. Legal Standards Pursuant to CCP § 94(b), a party can take “[o]ne oral or written deposition” of each adverse party. Service of a proper deposition notice must be “effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify . . . .” (CCP § 2025.280.) If, after service of a deposition notice, a party or party- affiliated deponent fai...

Excerpt: ...ve for an order compelling initial responses without objections. (Code Civ. Proc., §§ 2030.290(b), 2031.300(b).) The moving party need not attempt to meet-and-confer with the nonresponsive party; nor must they demonstrate “good cause” for production of documents. These motions may be brought at any time. (Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consults. (2007) 148 Cal.App.4th 390, 404.) Discussion Discovery Requests Defendan...

Excerpt: ...sdiction over the parties and the subject matter terminates.” (Gherman v. Colburn (1971) 18 Cal.App.3d 1046, 1050.) Because Case No. 17K04588 is no longer pending and the Court lacks jurisdiction, the Court cannot consolidate this case (17K05859) with Case No. 17K04588. Accordingly, the Motion is MOOT. Moving party to give notice. ...

Excerpt: ...int cannot with reasonable diligence be personally delivered to the person to be served…a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business… Under CCP §418.10(a)(1), “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion…...

Excerpt: ...Procedure section 473(b) provides in part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall ...

Excerpt: ...cate Default and for Leave to File Answer and Cross-Complaint (the “Motion”). Legal Standard “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed...

Excerpt: ...Plaintiff filed a Motion to Vacate Dismissal (the “Motion”). Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, 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 attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) res...

Excerpt: ...for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach” was filed. Plaintiff now moves to set aside the December 22, 2017 dismissal and to enter judgment pursuant to the parties' Stipulated Settlement. The motion was filed February 15, 2018 and originally set for hearing on April 4, 2018. At the hearing on April 4, 2018, the court noted that there was no proof of service to show that the moving papers had been properly served o...

Excerpt: ...54 against Defendants Ostioneria Colima, Inc. (“Ostioneria Colima”), Morteza Kohan, Gisele Kohan and Does 1-5 based on his allegation that on or about November 8, 2017 and again on or about November 11, 2017, he encountered access barriers while patronizing Ostioneria Colima's business establishment which prevented him from the equal use and enjoyment of the premises. The Complaint was filed on February 21, 2018 and includes a request for pun...

Excerpt: ... Admissions on Plaintiff. (Petersen Decl. ¶ <0059004800470003004400 005900480055005c0003>response from Plaintiff. (Id. ¶ 5.) Because Plaintiff has failed to serve any response to Defendant's Request for Admissions, the unopposed Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Defendant's Request for Admissions to Defendant is hereby deemedadmitted. Defendant requests monetary sanctions in the amount of $1,0...

Excerpt: ...cl. ¶ 2, Exh. A.) To date, Plaintiff has not responded to Nubar's discovery request. (Id. ¶ 3.) Because Plaintiff has failed to serve his discovery response to Defendant, the unopposed Motion is GRANTED. Pursuant to CCP § 2030.290, Plaintiff is ordered to serve a verified response, without objections, to Defendant's Form Interrogatories within twenty (20) days of the date of this Order. Defendant requests monetary sanctions in the amount of $1...

Excerpt: ...mount of $520.00 within thirty (30) days. The Court finds Plaintiffs Tiffany Marie Dwyer's and Brian Savon Dwyer's failure to respond a misuse of the discovery process. (CCP § 2023.010(d).) Sanctions have been sufficiently noticed, however, the amount requested is excessive given the simplicity of these nearly identical and <0003003200550055000300 004c0055004a004c0051>ia Bernal Orr are ordered to pay sanctions in the amount of $260.00 per motion...

Excerpt: ...(Motion, Gurbuz Decl., ¶2 and Exh. 1.) Bank served responses on February 21, 2018. (Id., ¶3 and Exh. 2.) Upon receipt of review of said responses, counsel for Plaintiff and Bank engaged in a telephonic meet and confer, during which time counsel for Bank agreed to provide supplemental responses to some, but not all, of the SIs. (Id. at ¶4.) On April 2, 2018, Bank served its supplemental responses. (Id. at ¶5.) Plaintiff filed the instant motio...

Excerpt: ...L. Bell was awarded attorney's fees as part of the original judgment when Judgment debtors refused to release the wrongfully filed abstract of judgment against her property. Thus, Judgment Creditor Linda Bell claims she is entitled to collect the attorney's fees incurred in collecting this judgment.” (Motion 4:3-6.) On March 19, 2018, the Court originally heard this matter and continued it to Mary 7, 2018, because Defendant did not file the cor...