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