Excerpt: ...3(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) resulting default entered by the clerk against his or her client, and which will result in entry...

Excerpt: ...o the FAC. Plaintiff filed an opposition on May 9, 2018. Discussion Meet and Confer On November 28, 2017, Defendant's counsel telephoned and emailed Plaintiff's counsel to meet and confer with respect to the demurrer. (Brandt Decl., ¶ 2.) Plaintiff's counsel responded with the suggestion that parties meet and confer by email and that he would waive an in-person or telephone meet and confer. (Id. at ¶ 2.) On November 29, 2017, Defendant's counse...

Excerpt: ...filed a petition to confirm arbitration award and enter judgment against Defendant. On December 5, 2017, the court entered judgment in favor of Plaintiff. Plaintiff filed a memorandum of costs on December 13, 2017 seeking costs associated with the petition. On February 5, 2018, Plaintiff filed a motion for attorney fees. At the March 21, 2018 hearing on the motion, the court continued the hearing to the instant date in order to allow for a supple...

Excerpt: ...efendant to turnover his judgment in case Kiser v. Michelson (INS1701269) to Plaintiff. Legal Standard CCP § 699.040 provides in pertinent part: “(a) If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer either or both of the following: (1) Possession of the p...

Excerpt: ...filed this subrogation action against Defendant Sathya <0044005100570003005200 00450048005500030019>, 2017, and default judgment was entered against Defendant on January 22, 2018. On April 5, 2018, Plaintiff filed a Motion to Amend Judgment to Correct Error (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 mad...

Excerpt: ...d to appear for her deposition at a date, time and place to be decided by the Court at the time of the hearing. The Court declines to award sanctions. Plaintiff's Motion to Compel Witness Angela Ayvazyan (“Ayvazyan”) to Attend and Give Testimony at a Deposition is granted. Ayvazyan is ordered to appear for her deposition at a date, time and place to be decided by the Court at the time of the hearing. The Court declines to award sanctions. Leg...

Excerpt: ...a tutoring class in conjunction with the class even though it was not a requirement in the course description. Plaintiff alleges that although she turned in all her assignments, she received a failing grade in the class. Plaintiff alleges Defendants defrauded her and acted in bad faith during the grievance process regarding her request for a grade change. On March 8, 2018, the court sustained the demurrer of Defendants Los Angeles Community Colle...

Excerpt: ...earing, the Court continued the hearing on the Motion to allow Defendant to file supplemental evidence in support of his Motion. On February 27, 2018, the Court continued the hearing on this Motion to April 17, 2018 and, again, to May 23, 2018 because of improper service. On April 11, 2018, Defendant filed another Motion to Vacate Default Judgment even though the Court did not permit Defendant to file such a motion. Nevertheless, the Court exerci...

Excerpt: ...third party] Lesley Lurlie.” Defendant “failed to honor his agreement,” due to the provision of “completely false and inaccurate information.” Plaintiff seeks $,7500 in unpaid fees. Plaintiff also alleges Defendant failed to pay for services for related to an investigation into third party LRS Realty & Property Management. On March 9, 2018, Plaintiff in pro per filed a complaint for breach of contract (first and second causes of action)...

Excerpt: ...y relief against Carr. On February 20, 2015, the clerk entered a default against Defendant Carr. On October 6, 2015, Plaintiff dismissed defendants Megan Shiosaki, Milton Shiosaki and Sheri Shiosaki without prejudice. On October 28, 2015, Milton Shiosaki dismissed the cross- complaint with prejudice. On September 18, 2017, the court entered a default judgment in favor of Plaintiff Interinsurance Exchange of the Automobile Club and against Defenda...

Excerpt: ...sion On January 31, 2018, Defendant served Supplemental Request for Production of Documents on Plaintiff. (Motion, Dreizler Decl. ¶ 2, Exhs. A.) In opposition, Plaintiff provides evidence that he served a response to Defendant's Supplemental Request for Production of Documents on March 13, 2018 and a verification for the response on March 26, 2018. (Oppo., Tran Decl. ¶¶ 4-5, Exhs. 2-3.) In reply, Defendant argues that the method of service by ...

Excerpt: ...nsel 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 the proposed order must be served on the client and on all other...

Excerpt: ...ils to timely serve responses to discovery requests. (Code Civ. Proc., §§ 2030.290; 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve a timely response to the discovery request waives any objection to the request, including one based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290(a), 2031.300(a); Sinaiko Healthca...

Excerpt: ...8, Plaintiffs filed a Motion to File Complaint, Nunc Pro Tunc, as March 15, 2018 Based on Clerk's Ministerial Error (the “Motion”). Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or 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 specificall...

Excerpt: ...laintiff filed the instant motion, requesting that the Court require a bench trial, rather than a jury trial, in this action. Legal Standard The California Constitution states, “Trial by jury is an inviolate right and shall be secured to all.” Moreover, pursuant to CCP § 631: (a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a ju...

Excerpt: ...llectively, “Moving Defendants”) and Local 848, International Brotherhood of Steamsters (erroneously sued and named as “Service Employee International Union Local 848”). On March 26, 2018, Moving Defendants filed a Motion to Dismiss (the “Motion”); on May 15, 2018, Moving Defendants filed a reply. Legal Standard CCP § 583.210(a) states: “The summons and complaint shall be served upon a defendant within three years after the action ...

Excerpt: ...05. Defaultjudgment was entered against Defendant on December 7, 2005. On February 15, 2018, Defendant filed a Motion to Vacate Default and Default Judgment. On May 8, 2018, Plaintiff filed an opposition. Discussion Defendant seeks to aside the default and default judgment entered against him under CCP § 473.5(a), Civ. Code § 1788.61, the doctrine of extrinsic fraud and mistake, and because the Court lacks personal jurisdiction over him due to ...

Excerpt: ...ative or, to the extent provided by statute, against the decedent's successor in interest.” (CCP § 377.40.) “Where a defendant dies and no personal representative is substituted, any judgment rendered is in excess of the court's jurisdiction to try the case” and is void. (Herring v. Peterson (1981) 116 Cal.App.3d 608, 611–612.) “[J]udgment cannot be rendered for or against a decedent, nor for or against a personal representativ...

Excerpt: ...ppear and, upon a showing of sufficient evidence by Plaintiff, the Court awarded Plaintiff $4,000 in damages. On April 13, 2018, Plaintiff filed the instant motion for attorney's fees and memorandum of costs. Plaintiff requests $5,850 in attorney's fees and $525 in costs. Legal Standard An award of attorney's fees is mandatory for a party that prevails in an action brought under the Unruh Civil Rights Act. (Civ. Code § 52(a).) The fee setting in...

Excerpt: ... the amount of $870 (the “Arbitration Award”) against Respondent Spectrum Voip (“Respondent”). The arbitration arose from Respondent's breach of Master Services Agreement (the “Arbitration Agreement”) with Petitioner. (See Attach. 8.c.) On January 16, 2018, Petitioner filed a Petition to Confirm Arbitration Award (the “Petition”). Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforcea...

Excerpt: ...enrichment. On January 10, 2017, Defendants collectively filed an answer. On November 21, 2017, the Court granted Plaintiff's motions to compel discovery responses, and ordered all Defendants to serve verified responses to Plaintiff's Documents Demands and Special Interrogatories and to pay monetary sanctions to Plaintiff in the amount of $1980. <0003004900520055000300 0047000300280059004c>dentiary Sanctions (“sanctions motions”) against Defe...

Excerpt: ...al 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 defects that appear on the face of the pleading un...

Excerpt: ... “Defendants”). On January 25, 2018, Defendants filed a Motion for Summary Judgment. On January 8, 2018, Plaintiff filed a Motion for Leave to Amend Complaint (the “Motion to Amend Complaint”), which has been opposed by Defendants. (1) Motion for Leave to Amend Complaint 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 to any pleading. (CCP § 473(a)(...

Excerpt: ... 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 compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (CCP § 2025.450(a).) A motion to compel deposition shall be accompanied b...

Excerpt: ...ing party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal. Ap...

Excerpt: ...ff naming Solar Energy Technologies (“SET”) as the principal. On August 7, 2017, Plaintiff deposited in $12,500 in funds with the Court. On December 15, 2017, Plaintiff filed a Motion to Release Interpleaded Funds (the “Motion”) because the conflicting claims among Defendants against the Contractor's Bond has been resolved. Legal Standard Under CCP § 386, “[w]hen a person may be subject to conflicting claims for money or property, the ...

Excerpt: ... Set Aside Default and Default Judgment (the “Motion”). The matter first came on for hearing on March 12, 2018, at which time the Court continued the matter due to improper service. The matter came on for hearing again on April 11, 2018, and the Court again continued the matter, and gave Defendant instructions to remedy her improper proof of service. <000300130015000f000300 1500130014001b0011> Service In its April 11, 2018, order, the Court i...

Excerpt: ...instructing Obilana to provide additional information for the Court to decide the Request. Legal Standard CCP § 630.20 states in pertinent part: “(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as ...

Excerpt: ...rs, LLC, and James moon, failed to pay for merchandise sold to Defendants by Plaintiff. Default judgment was entered on October 31, 2017, in the total amount of $24,682.33. On March 21, 2018, Plaintiff filed the instant motion for a turnover order. Legal Standard CCP § 699.040(a) provides, “If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so re...

Excerpt: ...nt. 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 agreement can be reached that would resolve the objections to be raised in the demurrer.” (Emphasis added.) CCP § 430.41(a)(2) states: “The parties shall meet and ...

Excerpt: ... to a restaurant located at 18800 Ventura Boulevard, Tarzana, California. (Complaint, ¶¶2-6.) Defendant California Pizza Kitchen, Inc. (“CPK”) is alleged to operate the subject location. (Id. at ¶3.) As a result, Plaintiff was allegedly unable to enjoy the music being played over the speaker system. (Id. at ¶5.) Civil Code section 51(f) states that “[a] violation of the right of any individual under the federal Americans with Disabiliti...

Excerpt: ...n California on November 1, 2016. Legal Standard Pursuant to CCP § 685.040: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment inc...

Excerpt: ... he rendered for Defendant. Plaintiff asserts causes of action for (1) violation of Civ. Code § 1950.5 and (2) quantum meruit. On March 30, 2017, Cross- Complainant Han filed a cross-action against Cross-Defendant Shelley. On February 27, 2018, Defendant filed a Motion for Summary Judgment or, in the Alternative, Summary Adjudication. On May 3, 2018, Plaintiff filed an opposition. On May 11, 2018, Defendant filed a reply. Background Plaintiff al...

Excerpt: ... 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) resulting default entered by the clerk against his or her client, and which will r...

Excerpt: ...ity. (Pet. ¶ 3(g); Ex. 5.). Plaintiffs' assert that Plaintiff Galindo is a “minor” due to her medical condition. (Ibid.) Plaintiff Galindo is not a minor by age. (Ibid.) Plaintiffs bring this petition to relieve Plaintiff Gallindo of the claim requirements of Gov. Code § 954.4. Legal Standard If an injured party who has failed to timely file a claim has submitted a written application to the public entity for leave to present such claim and...

Excerpt: ...Plaintiff sanctions of $791.00 within 30 days. Background Plaintiff served Grindle with Requests for Admissions (RFAs), Special Interrogatories (SIs) and Form Interrogatories (FIs), Sets One on January 9, 2018, by mail. (Motions, 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 Gri...

Excerpt: ...tions against Plaintiff and his counsel Christopher G. Weston, jointly and severally. Sanctions are to be paid within thirty (30) days from the date of serving a notice of this Order by Defendant. On November 15, 2017, Plaintiff Hyun Park (“Plaintiff”) filed this action against Defendant Shaun Coyle (“Defendant”). On March 22, 2018, Defendant filed Motions to Compel Responses to Form Interrogatories and Requests for Production of Document...

Excerpt: ...ion”). Discussion On February 27, 2018, Plaintiff served a Request for Admissions on Defendant. (Louro Decl. p. 1, Exh. A.) To date, Plaintiff has not received any discovery response from Defendant. (Id. p. 1.) Because Defendant has failed to serve any response to Plaintiff's Request for Admissions, the unopposed Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff's Request for Admissions to Defendant...

Excerpt: ...ankle on a beer case. On April 17, 2018, Defendant, specially appearing, brought the instant motion to quash service of summons Standard “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Actual notice of the action is not itself a valid ...

Excerpt: ...espondent to pay Petitioner $1,459.49. Petitioner filed the instant petition on February 16, 2017. The matter initially came on for hearing on September 26, 2017, at which time the Court continued the hearing to allow Petitioner to file a proper proof of service. Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as ...

Excerpt: ...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 Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Id. 3.1362(d).) Counsel states t...

Excerpt: ..., 2018, 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...

Excerpt: ...ok account, (4) account stated, (5) unjust enrichment, and (6) breach of personal guaranty. On January 2, 21002, default judgment was entered against defendant. On October 5, 2011, the judgment was renewed. On March 5, 2018, the judgment was assigned to New Falls Corporation by Court order. On April 24, 2018, defendant filed this motion to vacate and set aside default and judgment on the grounds that it is void as a matter of law because service ...

Excerpt: ...uests for admissions admitted is GRANTED. Defendant's request for sanctions is also GRANTED in the reduced amount of $2,936, payable by Plaintiff to Defendant through his counsel within thirty (30) days. Legal Standard Interrogatories Where there has been no timely response to interrogatories served under CCP § 2030.010, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statut...

Excerpt: ...ges that on September 17, 2015, she tripped when entering a bus operated by Defendant. On September 12, 2017, Plaintiff filed a complaint against Defendant for general negligence Legal Standard A party may bring a motion to compel further responses to requests for production (“RPDs”) once it has deemed the responses to be incomplete or evasive, or an objection is made without merit. (CCP § 2031.310(a).) The burden is on the responding party ...

Excerpt: ... parties on the date to be set for the deposition of Plaintiff and on a new trial date and the extension of discovery cut off dates Legal Standard CCP section 2025.450(a) states in relevant part: If, after service of a deposition notice, a party to the action . . ., 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 store...

Excerpt: ...applications to serve Defendants by publication. These requests were denied on the ground Plaintiff had not made the requisite showing. On November 27, 2017, Plaintiff subpoenaed the DMV, seeking records relating to the vehicle involved in the accident, in order to obtain Defendants' address and effectuate service upon them. The DMV responded with a letter objecting to the subpoena on December 5, 2017. Plaintiff thereafter filed the instant motio...

Excerpt: ...Summary Judgment (the “Motion”). Factual Background On May 25, 2011 and October 14, 2015, Defendant executed the Agreements to acquire student loans to attend Westwood College – South Bay (“WCSB”). (UMF Nos. 1- 2.) WCSB disbursed the loans to Defendant. (Id. No. 3.) Alta Colleges, Inc. (“Alta”) operated WCSB from 1989 to March 2016, when WCSB ceased to operate as a college. (Id. Nos. 4-6.) On or about April 27, 2016, Alta assigned a...

Excerpt: ...endants”). On March 24, 2017, judgment was entered in California pursuant to the sister-state judgment provisions. Plaintiff filed the instant motion on April 3, 2018. No opposition has been filed. Legal Standard Pursuant to CCP § 685.040: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless...

Excerpt: ...ngs. 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; or from matters ou...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...(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...

Excerpt: ...ary 29, 2018, Judgment Creditor filed the instant motion. Judgment Creditor moves for an assignment order for 25% of Judgment Debtor's interest in any and all commissions and/or other payments generated by Fourteen Consulting, LLC until the judgment is satisfied. Judgment Creditor obtained a judgment against Judgment Debtor in the amount of $13,152.68 on September 29, 2016. (See Iezza Decl., ¶ 2.) Judgment Debtor has made no payments towards the...

Excerpt: ...aints with Defendant regarding these attorneys. Plaintiff's negligence claim is based on Defendant's alleged failure to investigate Plaintiff's complaints and Defendant's dismissal of these complaints. Meet and Confer Requirement Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an am...

Excerpt: ...ts with Defendant regarding these attorneys. Plaintiff's negligence claim is based on Defendant's alleged failure to investigate Plaintiff's complaints and Defendant's dismissal of these complaints. Meet and Confer Requirement Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amend...

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: ...e Renewal Judgment nunc pro tuncto November 9, 2015. Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or 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 proceedi...

Excerpt: ...before the hearing,” which may be served by mail. CCP § 1013(a) provides in pertinent part: “In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given...

Excerpt: ...t filed a Motion for Summary Judgment (the “Motion”). On April 13, 2018, Plaintiff filed an opposition. On April 27, 2018, Defendants filed a reply. Background Plaintiff alleges that on September 25, 2015, Defendants negligently operated, maintained, and controlled their vehicle so as to cause a vehicle collision and Plaintiff's bodily injuries. (Compl. ¶¶ 3-4.) Plaintiff does not dispute the fact that this action and the small claim action...

Excerpt: ...ed an opposition. No reply has been filed. Standard CCP §473(a)(1) provides that the court “may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading....” The determination of granting leave is a matter of discretion for the trial court. (Weil & Brown, Civ.Pro.Before Trial (2008) Chap. 6-- Pleadings, 6:637.) The policy favoring amendment and resolving all matters in the same dispute is “so stron...

Excerpt: ...n to Strike Portions of the First Amended Complaint is granted. Discussion Plaintiff Min Sok (“Plaintiff”) filed this instant action against Defendants Gregory K. Hong and Gregory K. Hong Medical Corporation (“Defendants”). Plaintiff alleges that he suffered from varicose veins, with resulting pain in his legs. Plaintiff alleges he came across an advertisement for Defendants' medical clinic which “advertised a high successful percentage...

Excerpt: ...8. On March 26, 2018, Defendant filed the instant motion to quash service of summons for lack of jurisdiction on the grounds that Plaintiffs failed to properly serve him. No opposition has been filed. Standard “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove … the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 ...

Excerpt: ...ment (the “Motion”). On March 13, 2018, the Court continued the Motion to allow time for Defendant to file proof of Service of the Motion to Plaintiff, and a supplemental declaration to support her motion. Defendant was to file these documents by April 19, 2018. On April 27, 2018, Plaintiff filed an opposition. No reply has been filed. No other documents have been filed by Defendant regarding this motion. Legal Standard The trial court has br...

Excerpt: ...ssor in interest to Highland Development Properties (“Defendant”) filed a motion to set aside the default judgment. On January 2, 2018, the Court ordered the default and default judgment set aside and vacated pursuant to the joint stipulation to set aside default judgment and to take the motion to set aside default judgment off calendar. On February 1, 2018, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on F...

Excerpt: ...��Stipulation”) pursuant to CCP § 664.6. On April 19, 2017 the Court entered a dismissal without prejudice. On March 15, 2018, Plaintiff submitted the instant motion to vacate dismissal and enter judgment pursuant to the terms of the Stipulation. Plaintiffs submit on the moving papers per CRC Rule 3.1304(c). No opposition or reply has been filed. Standard CCP § 664.6 states: “If parties to pending litigation stipulate, in a writing signed b...

Excerpt: ...). On August 4, 2017, Defendant filed a demurrer to FAC and motion to strike. On September 12, 2017, Plaintiff filed a Second Amended Complaint (“SAC”). On September 13, 2017, the Court ordered the SAC stricken, sustained the demurrers to the second and third causes of action with leave to amend, and granted the motion to strike punitive damages and attorneys' fees with leave to amend. On September 27, 2017, Plaintiff filed a Third Amended Co...

Excerpt: ... of Medicare (the “Motion”). Legal Standards CCP § 708.510(a) provides in part: “Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver ... all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments....” The statute proceeds to set forth a nonexc...

Excerpt: ...t (the “Motion”). On April 11, 2018, Plaintiff filed an opposition. On April 25, 2018, Defendants filed a reply. Factual Background The Complaint alleges that Plaintiff is bringing this action on behalf of its insured Robin Becica (“Becica”) for a multi-vehicle collision. (Compl. ¶ 2.) The multi-vehicle collision occurred on November 7, 2014, which involved drivers Natividad Ramirez (driving her 2003 Nissan X- Terra), Becica (driving her...

Excerpt: ...filed a Memorandum of Costs. More than a year after judgment was entered, Plaintiff filed a Motion to Amend Judgment (the “Motion”) on April 10, 2018. Legal Standard CCP § 187 states: “[w]hen jurisdiction is, by the Constitution or 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...

Excerpt: ...o 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 Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.”...

Excerpt: ...quest for monetary sanctions is DENIED. On December 9, 2016, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Miguel Rivas and Maria Galindas (collectively, “Defendants”). On February 26, 2018, Plaintiff filed Motions to Compel Responses to Form Interrogatories and Requests for Production of Documents; and to Request for Sanctions (collectively, the “Motions”). Discussion On J...

Excerpt: ...cause of (1) an error in the transmission of the document to the court that was unknown to the sending party or (2) a failure to process the document after it has been received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion must be accompanied by the transmission record and a proof of transmission in the following form: “On (date) __________ at (time) __________, I transmitted to th...

Excerpt: ...cause of (1) an error in the transmission of the document to the court that was unknown to the sending party or (2) a failure to process the document after it has been received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion must be accompanied by the transmission record and a proof of transmission in the following form: “On (date) __________ at (time) __________, I transmitted to th...

Excerpt: ....97, with Defendant's insurer paying $4,701.12 in a single lump sum payment, and Defendant responsible for payment of $5,403.85 in monthly payments of $50 beginning on January 15, 2011. The court dismissed the action on July 26, 2011, and retained jurisdiction to enforce the settlement agreement pursuant to Code of Civil Procedure section 664.6. Defendant failed to make any payments pursuant to the agreement. Plaintiff filed the instant noticed m...

Excerpt: ...d and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. CCP § 473(b) Permits the Court to “relieve a party of his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or through his or he...

Excerpt: ...acate Default based on CCP § 473(d). Legal Standard CCP § 473(d) states: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” “A trial court has no statutory power under section 473, subdivision (d) to s...

Excerpt: ...to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Per CCP § 1285.4, “A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence...

Excerpt: ...gainst Defendant, for tortious breach of contract. Defendant's motion for summary judgment was taken under submission on October 16, 2017, and a ruling was issued October 30, 2017. The Court construed Defendant's motion for summary judgment as a motion for judgment on the pleadings, because it was (at least in part) directed at the insufficiency of the pleading, rather than the a resolution of the factual dispute. The Court granted the motion for...