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: ...��). 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: ...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: ...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: ...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: ...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: ... 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...