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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ..., 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: ... 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: ...). 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: ...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...