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: ...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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ... (“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: ...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: ...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: ...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: ...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: ... “[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: ...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: ...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: ...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: ...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...