Excerpt: ...), Lakewood Sheriff's Department, LBM Pathology Medical Group, Columbia Emergency Medical Group, Inc., and Memorial Care Health System. On April 18, 2018, CHLB filed a Demurrer to and Motion to Strike the Complaint. Meet and Confer Pursuant to CCP § 430.40(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 demurre...

Excerpt: ...f contract and (2) common counts. On February 5, 2018, Plaintiff filed a Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (the “Motion”). On May 1, 2018 Defendant filed an opposition. On May 10, 2018, Plaintiff filed a reply. Factual Background Plaintiff alleges that it is a surety company. (Compl. ¶ 1.) On or around January 28, 2008, Plaintiff and Defendant allegedly executed the Agreement, in which Plaintiff pro...

Excerpt: ... the instant demurrer to complaint. Plaintiff filed an opposition on May 4, 2018. Defendants filed a reply on May 4, 2018. Discussion The Court finds Defendants have satisfied the meet and confer requirements pursuant to CCP section 430.41. Uncertainty Defendants demur to the complaint on grounds of uncertainty. However, such demurrers are not permitted in a limited jurisdiction court. (See Code Civ. Proc., § 92(c).) First Cause of Action for Vi...

Excerpt: ...eged violations of the Unruh Act. The case was transferred to limited jurisdiction on November 3, 2016. On May 12, 2016, Plaintiff served her offer to compromise under CCP § 998 for $3,999 plus costs under CCP § 1032 and attorney's fees allowed by law. Defendant rejected the offer. Defendant made an offer under CCP § 998 for $5,000, including costs and attorney's fees, on May 26, 2016. Plaintiff rejected that offer. Plaintiff filed a motion fo...

Excerpt: ...n [citation].” (International Ins. Co. v. Superior Court (Rhone- Poulenc Basic Chemicals Co.) (1998) 62 Cal.App.4th 784, 786.) Here, Judge Orozco is unavailable because she was reassigned to Personal Injury Court and relocated to the Spring Street Courthouse. Accordingly, Judge Orozco's ruling may be reconsidered by another judge. II. Background Plaintiff Simaalsadat Masajedian (“Plaintiff”) has filed this action based on her education at L...

Excerpt: ... Defendant and A1 Kabob on January 12, 2018. Defendant filed the instant motion on April 3, 2018. 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 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. Applicati...

Excerpt: ...ent from “Adrian Van Riis” to “Adrian Van Rijs.” 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 proc...

Excerpt: ...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. App. 3d 902, 905...

Excerpt: ... a Motion to Correct Error in Rejecting Renewal of Judgment (the “Motion”), requesting the that the Court enter the Renewal Judgment nunc pro tunc as June 30, 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...

Excerpt: ...018, Plaintiff served a Request for Admissions on Defendant. (Paniagua Decl. ¶ 2, Exh. 1.) To date, Plaintiff has not received any discovery response from Defendant. (Id. ¶ 4.) 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 is hereby deemedadmitted. Plainti...

Excerpt: ...rty may bring a motion to compel further responses to interrogatories once it has deemed the responses to be incomplete or evasive, or an objection is made without merit. (CCP § 2030.300(a).) The burden is on the responding party to justify its objections. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The motion must be accompanied by a Section 2016.040 meet and confer declaration and must be noticed within 45 days of service...

Excerpt: ...d Dismiss, or in the Alternative, Stay Action (the “Motion”). On May 3, 2018, Plaintiff filed an opposition. On May 7, 2018, Defendant filed a reply. Background Plaintiff alleges that Defendant is in the business of collecting debts. (Compl. ¶ 9.) Plaintiff allegedly created an account with Defendant and incurred a financial obligation to Defendant, and Plaintiff allegedly defaulted on his financial obligation. (Id. ¶ 10.) Plaintiff alleges...

Excerpt: ... (“Defendant”) for breach of contract and fraud. On June 2, 2017, Defendant demurred to the initial complaint. On October 24, 2017, the Court sustained the demurrer with 10 days leave to amend and set an OSC regarding reclassification. On November 16, 2017, Plaintiff filed an amended pleading. On December 14, 2017, the Court reclassified the instant case as a limited jurisdiction matter and ordered the case transferred. On December 29, 2017, ...

Excerpt: ..., 2017, Plaintiffs filed their complaint for personal injuries arising from the accident against Defendant. On October 16, 2017, Defendant filed a Cross-Complaint for indemnity and contribution for the accident. On January 29, 2018, Defendant served deposition notices for Plaintiffs Don Tran and Jimmy Tran, both scheduled for March 23, 2018. Plaintiffs objected to Plaintiff Don Tran's deposition on the basis that it exceeded the permissible disco...

Excerpt: ...to determine the merits of plaintiff's claim. Walker v. Superior Court (1991) 53 Cal.3d 257, 269- 270. Instead, the Court's sole inquiry is whether the verdict will necessarily fall below the $25,000 amount. Id. Under the Walker standard a matter may be reclassified as a limited civil action “when (i) the absence of jurisdiction is apparent before trial from the complaint, petition, or related documents, or (ii) during the course of pretria...

Excerpt: ...re cannot maintain an action in a California state court. On April 25, 2018, Defendant filed a supplemental request for judicial notice. On May 1, 2018, Plaintiff filed its opposition. Standard “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds… [t]he person who filed the pleading does not have the le...

Excerpt: ...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 testimony …. The...

Excerpt: ...tiff filed a Motion to Declare Plaintiff Dave Bischof as a Vexatious Litigant (the “Motion”). Service and Notice CCP § 1005(b) provides in pertinent part: “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing,” which may be served by mail. CCP § 1013(a) provides in pertinent part: “[i]n case of service by mail, the notice or oth...

Excerpt: ...ries. In addition, CCP § 2030.290(c) provides for mandatory sanctions against the unsuccessful party unless the court finds they have acted with substantial justification. Discussion Plaintiff Victoria Akinfe has not provided verified responses to the form interrogatories propounded by Defendant. There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. Further, the motion can be brought...

Excerpt: ... California, Inc. for Doe 2. On January 10, 2017, dismissal was entered as to LACMTA. Plaintiff filed the instant motion on February 5, 2018. Defendants filed an opposition on March 19, 2018. Plaintiff filed a reply on March 26, 2018. On April 2, 2018, the Court continued the hearing on the instant motion to May 14, 2017 to allow Plaintiff to file a supplemental declaration attesting to why Plaintiff did not seek reclassification earlier by April...

Excerpt: ... Plaintiff allegedly defaulted on his financial obligation. (Id. ¶ 10.) Plaintiff alleges that the manner in which Defendant collected her debts violated state and federal statutes. (Id. ¶¶ 17, 23, 28, 33.) Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petition...

Excerpt: ...efendant served Form Interrogatories on Plaintiff. (Koury Decl. ¶ 2, Exh. A.) To date, Plaintiff has not responded to Defendant's discovery request. (Id. ¶ 6.) Because Plaintiff has failed to serve its 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 servi...

Excerpt: .... No dispositive ruling is issued at this time on Defendant Martin Jimenez's Motion to Compel Depositions of Plaintiffs. A motion must be brought separately against each party and discovery method at issue. The instant Motion to Compel Plaintiffs Depositions should have been filed as two separate motions for each of the Plaintiffs: (a) a motion to compel Ms. Dwyer's deposition and (b) a motion to compel Ms. Dwyer's deposition. Because this is an ...

Excerpt: ...8, long after the trial <0056000300570052000300 00520052004900030052[f service indicating the motion was served on Plaintiff. Trial went forward without Defendant's participation on October 2, 2017, and judgment was thereafter entered in Plaintiff's favor. On January 5, 2018, the Court heard Defendant's ex parte application to vacate judgment. The Court denied the ex parte application and instructed her that she would need to file a noticed motio...

Excerpt: ...t appear for trial. On April 3, 2018, the Court conducted a trial and awarded judgment in favor of Plaintiff for the sum of $4,000.00 plus interest and costs against Defendants. On April 4, 2018, Plaintiff filed the instant motion to fix attorney's fees as costs. Standard In an action to enforce a contract authorizing an award of fees and costs to one party, the party “prevailing on the contract” is entitled to reasonable fees. (See Civ. Code...

Excerpt: ...ing from Defendant's allegedly defamatory Yelp review of Plaintiff's plastic surgery practice. On December 13, 2018, Defendant served Plaintiff with a notice of deposition, noticed for January 19, 2018. Plaintiff failed to appear at the January 19, 2018 deposition and a certificate of non-appearance was taken. On March 16, 2018, Defendant filed the instant motion to compel after meeting and conferring with Plaintiff's counsel. On April 27, 2018, ...

Excerpt: ... 2018, Plaintiff filed a Motion for Leave to File an Amended Complaint (the “Motion”). 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)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit and discretion will usually be exercised liberally to permit amendment of the pleading...

Excerpt: ...nent part: “[a]ny party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in <0044004700470048004700 11000c[ Discussion The in Motion, Plaintiff argues: “[a] s...

Excerpt: ...suant to CCP §2015.5 regarding such efforts directly in Department 94 by June 11, 2018. As to the merits, Defendant's Demurrer is SUSTAINED with 20 days' leave to amend; and Defendant's Motion to Strike is DENIED. Legal Standard Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (CCP §589; Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) A demurrer can be used only to cha...

Excerpt: ... Fung (“J. Fung”), Carol Fung and Does 1-5 based on his allegation that on or about June 27, 2017 and again on July 5, 2017, while patronizing Defendant Carniceria La Lupita's business establishment, he encountered access barriers which prevented him from the equal use and enjoyment of the premises. J. Fung's demurrer came for hearing on March 13, 2018, at which time it was continued by the court to allow the filing of a meet and confer decla...

Excerpt: ...ed in the Complaint as 2015 Chrysler 200, VIN No. 1C3CCCAB4FN719922 (the “Subject Vehicle”). (Notice of Motion pp. 1-2; Compl. ¶ 5.) Plaintiff argues that 50 U.S.C.A. § 3952 (“Servicemembers Civil Relief Act”) allows this court to issue such an order. (Notice of Motion p. 1.) 50 U.S.C.A. § 3952(a) states: “[p]rotection upon breach of contract (1) Protection after entering military service After a servicemember enters military service...

Excerpt: ...ion for (1) negligence; (2) private nuisance; and (3) trespass. On February 23, 2018, Defendant filed a Motion for Summary Judgment or, in the Alternative, Summary Adjudication as to the FAC. On April 25, 2018, Plaintiff filed an opposition. On May 4, 2018, Defendant filed a reply. Background Defendant owns a property known as 8050 Deering Avenue, Canoga Park, CA 91304, which abuts Plaintiff's property known as 7045 Variel Avenue, Canoga Park, CA...

Excerpt: ...d her responses to Defendant's Form Interrogatories. (Id., Exh. B.) Defendant found Rodriguez's response to her Form Interrogatories No. 110.2 to be inadequate and sent her a meet and confer letter on February 7, 2018. On March 15, 2018, Defendant filed a Motion to Compel Plaintiff Rodriguez Further Responses to Form Interrogatories and to Request for Monetary Sanctions (the “Motion”). In April 12, 2018, Rodriguez filed an opposition. On Apri...

Excerpt: ... Dornelio Thibes and Karla Thibes (collectively “Respondents”) from violating the parties' Rental Agreement and the Park Rules and Regulations. On November 20, 2017, the Court issued an order granting the petition for injunction. Petitioner filed the instant motion on December 28, 2017. Respondents filed an opposition on April 10, 2018 and Petitioner replied on April 13, 2018. Legal Standard Civil Code § 798.85 states: “In any action arisi...

Excerpt: ...18. Legal Standard: The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321-322, citing Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1...

Excerpt: ...tiff”). The FAC asserts causes of action for (1) open book account and (2) breach of contract. On October 24, 2017, the Court denied Defendant's motion for summary judgment (“First Motion for Summary Judgement”). However, in its January 23, 2018 Minute Order, this Court permitted Defendant to “re-file its Motion for Summary Judgment no later than February 9, 2018.” On February 9, 2018, Defendant filed a Motion for Summary Judgment or, i...

Excerpt: ... address where he is incarcerated and served the required papers on Plaintiff. The Court is satisfied with Counsel's supplemental papers. The Court notes that trial has not been scheduled. Accordingly, this unopposed Motion is GRANTED on the CONDITION that “a copy of the signed order must be served on the client and on all parties that have appeared in the case” and Counsel to file proof of service of the same with the Court within 10 days fr...

Excerpt: ...om at the subject L.A. Fitness club. On April 6, 2018, Defendant moved to compel Plaintiff's deposition. Plaintiff did not file an opposition. Legal Standard “If, after service of a deposition notice, a party… 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 or tangible thing described in the deposition notice, the party giving the...

Excerpt: ...he court finds they have acted with substantial justification. The responding party waives any objection to the demand unless the court, on motion, finds that the party has subsequently served responses in substantial compliance and the failure to serve responses timely was the “result of mistake, inadvertence, or excusable neglect .” (CCP § 2031.300(a).) Discussion Plaintiff served RPDs on March 28, 2017 on Defendant's registered agent, as ...

Excerpt: ...E.”), Zion Cohen (“Cohen”), individually and dba Z.C. Construction Electric, David Sheetrit, Ilana Sheetrit, and Shlomi Ifrah (“Ifrah”), individually and dba First Choice Coring, Inc. S.H.E. and Cohen have filed an Answer. Default was entered against Ifrah on February 13, 2015, and the remaining Defendants were dismissed in 2015. On June 10, 2015, the Court granted Plaintiff's motion to deposit by stakeholder and discharge stakeholder. ...

Excerpt: ...t with Judge Allan Goodman presiding. In his Interim Statement of Decision (“ISD”) filed September 22, 2016, Judge Goodman decided in favor of Plaintiff and against Defendants Daniel Astorga, Lilian Arias, and Pedro Astorga, jointly and severally, in the principal sum of $17,131.00 plus pre-judgment interest at the rate of 1.5% per month (18% per annum). However, Judge Goodman decided to wait until the Cross-Complaint was resolved before ente...

Excerpt: ...ersonally served Mr. Hertz on February 22, 2018 at 1160 North Everett St. Glendale CA 91207. On March 27, 2018, Defendant filed the instant motion to quash service of summons. On April 18, 2018, Plaintiff opposed the motion and filed a third proof of service, purporting to have personally served Mr. Hertz on March 27, 2018 at an ex parte hearing in Department 77 to shorten time to hear the instant motion. On April 25, 2018, Defendant late-filed i...

Excerpt: ...otices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it willbe made, and the papers, if any, upon which it is to be based.” (CCP § 1010.) “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (CRC 3.1110(a).) “A request for a sanction shall, in the notice of motion, identify every pe...

Excerpt: ...the incompetent person's rights in the action, to control the litigation, to compromise or settle, to direct the procedural steps, and make stipulations.” (Id. at 644; see also In re Charles T. (2002) 102 Cal.App.4th 869, 875–876.) Discussion Plaintiff Damian Bejarano is eleven years old. At the time of filing the complaint in this action, Maria Aguilar, Plaintiff's biological mother, was appointed as his guardian ad litem (“GAL”). (D...

Excerpt: ...��). On April 18, 2018, Defendant filed <0049004c004f0048004700 0011> Legal Standard If a party to whom requests for admission are directed fails to serve a timely response, the propounding party may move for an order that the truth of any matters specified in the requests be deemed admitted. (CCP § 2033.280(b).) It is mandatory that the court imposes monetary sanctions on the party or attorney, or both, whose failure to serve a timely response ...

Excerpt: ...e GRANTED. Defendants Nora Orellano and Elio Orellanoare ordered to provide responses to the requests for production of documents propounded to them, without objections, within twenty (20) days. The Court finds Defendants Nora Orellano's and Elio Orellano's failure to serve verified responses a misuse of the discovery process. (CCP §§ 2023.010(d); 2033.280.) Sanctions have been sufficiently noticed. Therefore, Defendants Nora Orellano and Elio ...

Excerpt: ...el Solorzano (“Solorzano”), P.V. Grill, LLC dba PV Grill, and Neda Mousazadeh (collectively, “Defendants”). On April 9, 2018, Plaintiffs filed a (1) Motion to Deem Request for Admissions as Admitted, to Compel Responses to Form Interrogatories, and to Request for Sanctions (the “Motion to Compel”) and (2) Application for Default Judgment (the “Application”). (1) Application for Default Judgment Improper Filing of Application The C...

Excerpt: ...a.m. in Department 94. 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)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit and discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 929.) “Althoug...

Excerpt: ...nt 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 moving party must make an affirmative showing that he/she is entitled to judgment irrespective of whether or not the opposing party files an opposition. (Villa v. McFerren (1995) 35 Cal.App.4th 733.) When a Defendant or Cross-Defendant seeks summary judgment, he/she must show eit...

Excerpt: ... 22, 2009. On March 6, 2018, Plaintiff filed a Motion to Enter Judgment (the “Motion”). Legal Standard Under CCP § 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain ...

Excerpt: ...f's Form Interrogatories, Special Interrogatories, and Requests for Production of Documents within twenty (20) days of the date of serving a notice of this Order by Plaintiff. The Court awards Plaintiff $1,500 in monetary sanctions against Defendant. Sanctions are to be paid to Plaintiff by Defendant within thirty (30) days from the date of this Order. On February 22, 2017, Plaintiff Hapag-Lloyd (American), LLC (“Plaintiff”) filed this action...

Excerpt: ...Defendant Cross- Complainant within (30) days. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence, contempt or monetary sanctions. (CCP, §§ 2023.010(g), 2023.030; R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence s...

Excerpt: ...iff 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) resulting...

Excerpt: ...e place on February 7, 2017. Defendant attended the conference on February 7, 2017, where Mina Li signed a settlement agreement, settling the matter for $8,000.00 on behalf of Defendant. The settlement agreement provided that, in the event of default of payment, the parties authorized the Labor Commissioner to issue an Order, Decision or Award by Settlement (“ODAS”) directing Defendant to pay Plaintiff a sum of $19,572.88. On May 10, 2017, th...

Excerpt: ...nst cross-defendants Pegasus Elite Aviation, Inc. (“Cross-Defendant” or “Pegasus”) and Timothy Prero, alleging causes of action for (1) Breach of Contract; (2) Wrongful Assignment to Perform Dangerous Work; (3) “Tortuous” [sic] Interference with Contract; and (4) Defamation-Libel. Cross-Complainant alleges the following. Hoffman and Pegasus entered into a charter airline pilot and training agreement. (FACC, ¶ 9.) Cross-Defendant cond...

Excerpt: ...ering/AMTEC Alarm (“AMTEC”). On March 28, 2017, Plaintiff Alliance United Insurance Company (“Plaintiff”) filed an action (Case No. 17K03796; Alliance v. Huang, et al.) against Defendants Huang, Wu, and AMTEC. The Court has entered an orderpursuant to the parties' stipulation to consolidate the two cases with Case No. 17K00104 as the lead case. The two actions arose from a multi-vehicle collision on June 22, 2016. On March 28, 2018, Wu an...

Excerpt: ...) common counts. On October 16, 2017, Plaintiff filed a Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (the “Motion”). Factual Background Plaintiff alleges that it is a surety company. (Compl. ¶ 1.) On or around April 14, 2011, Plaintiff and Defendant allegedly executed the Agreement, in which Plaintiff provided a Contractor License Bond No. SC6053029 (the “Bond”) naming Creative Image Development, Inc. (“...

Excerpt: ...ighty-sixed from dfdts store. I don't like getting eighty-sixed. I want damages court willing. [].” Since the Complaint is brought against only Defendant, Plaintiff is essentially alleging that Defendant denied him access and service to her store. Defendant declares that she is the owner/operator of the McDonald store located at Atlantic Avenue and Pendleton Avenue (the “Pendleton McDonald's”). (Williams Decl. ¶¶ 1-2.) At deposition, Plai...

Excerpt: ...erve verified responses to FCA's discovery requests, FCA filed several motions to compel discovery responses on October 31, 2017. In its February 8, 2018 Minute Order, the Court found that the motions to compel discovery responses to be moot, but granted $1,260 monetary sanctions against Plaintiffs because they failed to timely serve discovery responses to Defendant. The Court ordered Plaintiffs to pay the monetary sanctions within 30 days. On th...

Excerpt: ...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.” (Id. 3.136...

Excerpt: ...n to Torrance, but Torrance is part of Los Angeles County, and CCP § 396b is therefore inapplicable. Instead, motions to transfer between districts within the same county should be brought pursuant to Los Angeles County Rules of Court, Rule 2.3(b). Such motions should be filed in Department 1. Defendant's motion is therefore DENIED. In opposing the instant motion, Plaintiff has inadvertently raised a new issue by repeatedly referring to this cas...

Excerpt: ... (“Defendant” or “Biron”). On December 8, 2016, Biron filed a Cross-Complaint against David Zinberg and Lea Zinberg. On February 8, 2018, this Court, on the oral request of Defendant, dismissed the Complaint without prejudice pursuant toCCP § 581(b)(5). On October 24, 2017, Plaintiff filed a Motion to Determine Prevailing Party and Fix Post Judgment Attorney's Fees (the “Motion”). Legal Standard CCP § 1021 states: “[e]xcept as att...

Excerpt: ...nst Defendant on December 22, 2017. On March 21, 2018, Defendant filed a Motion to Vacate Default based on CCP §§ 473(d) and 473.5, improper service, and equitable relief. Discussion In Defendant's Notice of Motion, Defendant appears to conflate default judgment and entry of default. The two legal concepts are analytically distinct. The Court, nonetheless, deems the instant Motion as seeking to set aside both the entry of default and default ju...

Excerpt: ...he “Motion”) arguing that the Summons and Complaint were improperly served on him. Discussion A. Improper Filing of Papers CCP § 1005(c) provides in pertinent part: “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . . [A]ll papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means...

Excerpt: ...el Responses to Form Interrogatories, and Request for Sanctions (collectively, the “Motions”). Discussion On November 20, 2017, Plaintiff served a Request for Admissions and Form Interrogatories on Defendant. (Tapper Decls. ¶ 2, Exhs. As.) To date, Defendant has not responded to Plaintiff's discovery requests. (Id. ¶ 5.) Because Defendant has failed to serve any responses to Plaintiff's discovery requests, the unopposed Motions are GRANTED....

Excerpt: ... “[a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things…”). Dulin, moreover, does not identify...

Excerpt: ...on October 4, 2017 and the operative First Amended Complaint (“FAC”) on January 23, 2018. On March 2, 2018, Defendant filed a Demurrer to the FAC. On April 4, 2018, Plaintiff filed an opposition. The Court notes that Plaintiff seeks damages in excess of $25,000. (FAC pp. 7‐8.) The Court has no jurisdiction to award damages greater than $25,000. (See CCP § 86(a).) The Court also notes that the First Amended Complaint seeks declaratory relie...

Excerpt: ...pondent”). On December 28, 2017, this Court issued an order (“December 28, 2017 Order”) granting Plaintiff's requested permanent injunction and finding that Plaintiff was the prevailing party and was entitled to attorney's fees and costs pursuant to CCP § 798.85. On January 31, 2018, Petitioner filed a Memorandum of Costs and Motion for Award of <00130014001b0003003000 004700480055000f0003[the Court instructed Petitioner to present further...

Excerpt: ...ling (the “Application'), seeking the sale of 1807 S. Wilton Place, Los Angeles, CA 90019 (the “Property”). On March 5, 2018, nonparty Lenox Financial Mortgage Corp. (“LFM”) filed a Motion for Leave to Intervene (the “Motion”). (1) Motion for Leave to Intervene Legal Standards CCP § 387(d)(1) states: “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if eitherof the following c...

Excerpt: ...Johnson (“Plaintiff”) pursuant to CCP section 581(f)(2); this provision states that “[t]he court may dismiss the complaint as to that defendant when: Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moved for dismissal.” Defendants contend that CCP section 581(f)(2) is applicable in the context of a mo...

Excerpt: ...5.79. Said judgment included an award of attorneys' fees pursuant to provisions of the written agreement in the dispute. On March 27, 2018, Plaintiffs filed the instant motion for costs of enforcing judgment. No opposition has been filed. Standard A judgment creditor is entitled to the “reasonable and necessary costs” incurred in enforcing the judgment, including attorney fees, if the underlying judgment provides for an award of CCP § 1033.5...

Excerpt: ...nia legislature has authorized a special motion to strike that may be filed in lawsuits that seek to “chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (Code Civ. Proc., § 425.16(a).) Code of Civil Procedure section 425.16, subdivision (b)(1), provides: A cause of action against a person arising from any act of that person in furtherance of the person's right of petition o...

Excerpt: ...on of any “reasonable rule or regulation.” A hearing must be held 15 days after filing of the petition. (See id., § 798.88(d).) At that time, the court “shall” issue the injunction if it finds by clear and convincing evidence that existence of a continuing or recurring “reasonable” R&R violation. (See id.) The duration of the injunction may not exceed three years. (See id.) Discussion Petitioner Mobile Modular Development, Inc. (“P...

Excerpt: ...ants on August 29, 2017. On March 23, 2018, Defendants filed a Motion to Vacate Default and Default Judgment. On April 10, 2018, Plaintiff filed an opposition. On April 17, 2018, Defendants filed a reply. Discussion A. CCP § 473(b) “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, inadverte...

Excerpt: ...sions as Admitted, Compel Responses to Form Interrogatories,and Request for Sanctions (collectively, the “Motions”). As of April 17, 2018, no opposition or reply has been filed. Discussion On November 15, 2017, Plaintiff served a Request for Admissions and Form Interrogatories on Defendant. (Tapper Decls. ¶ 2.) To date, Defendant has not responded to Plaintiff's discovery requests. (Id. ¶ 4.) Because Defendant has failed to serve any respon...

Excerpt: ...of the judgment from Plaintiff to SFI was mailed to the court on January 20, 2015 for filing. (Motion, Scalia Decl., ¶ 3 and Exh. B.) Thereafter, on July 15, 2015, SFI states that it mailed an application for renewal of judgment to the court. (Id. at ¶ 4 and Exh. C.) The application was received by the court on July 17, 2015. On September 10, 2015, the application was rejected as being untimely because the ten-year limitation on judgments expir...

Excerpt: ...o serve verified responses to Plaintiff's interrogatories and request for production of documents within 20 days and to pay $620 in monetary sanctions within 30 days. On March 14, 2018, Plaintiff filed a Motion for Terminating Sanctions (the “Motion”). As of April 17, 2018, no opposition or reply hasbeen filed. Legal Standards The court may impose a terminating sanction by one of the following orders: 1. An order striking out the pleadings or...

Excerpt: ...December 28, 2018, the Court granted Plaintiff's Motion to Compel Moreno's Responses to Its Form Interrogatories and ordered Moreno to serve verified responses within thirty (30) days. On March 12, 2018, Plaintiff filed a Motion for Terminating Sanctions (the “Motion”). As of April 17, 2018, no opposition or reply has been filed. Legal Standards The court may impose a terminating sanction by one of the following orders: 1. An order striking o...

Excerpt: ...position and replies and to prepare for the hearing." (Lackner v. North<005500570003004b004400 560003005100520003[ discretion to shorten the notice period because it relates to due process for the non-moving party. (McMahon v. Superior Court<0055000f00030051005200 57004c004600480003[ must begin anew and must be for the full 75 days. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268.) The Court notes that the Proof of Service of the Mo...

Excerpt: ...sponses to Form Interrogatories and to Request for Monetary Sanctions (the “Motion”). In April 11, 2018, Saldana filed an opposition. On April 16, 2018, Defendant filed a reply. Legal Standard “On receipt of a response to [interrogatories], the [propounding party] may move for an order compelling a further response if that party deems that: ¶ An answer to a particular [request or interrogatory] is evasive or incomplete.” (CCP § 2030.300...

Excerpt: ...y 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.” (Italic added.) CCP § 435.5(a)(3) requires the moving party on a motion to strike to file and serve a meet-and- confer declaration. The Court is satisfied with Defendant's counsel's meet-and-confer declaration. (See Demurrer, Nicolaisen ...