Excerpt: ...ys of the date of this hearing. Le requests sanctions against Solorio and Solorio's former attorney, Mr. Rosiak, for the “frivolous” filing of Solorio's procedurally improper First Amended Cross Complaint pursuant to CCP §128.5. CCP §128.5 provides: “A trial court may order a party, the party's attorney, or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in ...

Excerpt: ...aintiffs MARIA RIVERA and JAIME RIVERA on April 18, 2017. Plaintiffs allege in pertinent part, “Defendant ROSA CRUZ and MIRNA ESCALANTE RIM are landlords to both plaintiffs. [¶] In accordance with the oral rental agreement Plaintiffs entered into possession of the premises and continued to occupy them until the filing of this action. [¶] On or at the beginning of this year, defendants Cruz and Rim asked plaintiffs to move out…. They entered...

Excerpt: ...n for contractual fraud was filed by Plaintiffs GARI MASI and FERN ELLEN MASSI on September 6, 2017. Plaintiffs' SAC, filed on February 13, 2018, asserts the following causes of action: (1) Fraud; (2) Breach of Contract; (3) Conversion; and (4) Quiet Title. Defendant SHANNON WRIGHT demurs to all of the causes of action asserted within Plaintiffs' SAC pursuant to CCP §430.10(e). First Cause of Action – Fraud Fraud actions are subject to strict ...

Excerpt: ...statements contained therein. Cal. Ev. Code §452. This breach of contract action was filed by Plaintiffs JOSEPH VINCI and JOSEPHINE VINCI on January 29, 2018. Plaintiffs allege, in pertinent part: “Plaintiffs entered into a written agreement with Defendant RODE BROS., INC. (‘Rode') … to provide certain work, labor and materials to a home improvement project located at 8111 Coventry Circle, Whittier, California 90605…. The scope of work i...

Excerpt: ... been made available on behalf of the individual and where the amount of reimbursement the State can reasonably expect to recover exceeds the costs of such recovery, the State or local agency will seek reimbursement for such assistance to the extent of such legal liability.” (42 U.S.C. §1396(a)(25)(A)(B).) “The director's recovery is limited to the amount derived from applying Section 14124.72, 14124.76, or 14124.78, whichever is less, to th...

Excerpt: ...o pay Defendant MJCK CORPORATION and its counsel of record, sanctions in the total amount of $360.00 ($300/hr. x 1 hrs.) + ($60 filing fee) within 15 days of the date of this hearing. Plaintiff NINGBO RONGZHI CLOTHES CO LTD is ORDERED to provide verified responses and documents, without objection within 15 days of the date of this hearing. The Court notes that the Moving Papers allude to the existence and attachment of Mr. Biggins' Declaration. T...

Excerpt: ...of the date of this hearing. Plaintiff DAVID RUDICK is ORDERED to provide verified responses, without objection within 15 days of the date of this hearing. Moving Party to give Notice. No Opposition filed as of April 19, 2018. If a party to whom interrogatories are directed fails to respond at all, the propounding party's remedy is to seek a court order compelling answers thereto. (CCP §2030.290.) All that needs to be shown is that the discovery...

Excerpt: ...ive Notice. The Parties' Requests for Judicial Notice are GRANTED. Cal. Ev. Code §452. This action was filed by Plaintiff DIANE MARKOFF on January 5, 2017. Plaintiff alleges that on January 14, 2016, she visited her deceased mother (“Decedent”) at Defendants' facility to spend a few moments with Decedent and to take a final picture of her. Plaintiff alleges that a hospital nurse, Tanya La Francis (“Nurse”) “became enraged” and “mov...

Excerpt: ...suaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Further, pursuant to the parties' representations, many of the disputed items can be, or have been resolved without Court intervention. Counsel are ORDERED to ma...

Excerpt: ...aint. On August 24, 2017, this action was transferred to Dept. SE‐F, and reclassified as an Unlimited Action. Plaintiff argues that “it is…necessary to amend the original Petition filed in the Probate Division and ordered transferred to this court to state the newly assigned case number and case title, and to include the foresaid claim's and causes of action that have arisen after the filings of the initial petition….” (Kelly Decl., ¶1...

Excerpt: ...o the previously set trial date of September 11, 2017. There have since been two continuances of the trial date, and trial is now set for May 22, 2018. On February 28, 2017, Defendant inadvertently served Plaintiff with a Second Demand for Expert Exchange (after the trial date had been changed). Consequently, Plaintiff served Defendant with a Second Expert Witness Designation (designating David Lewin, Ph.D.). Defendant now seeks a protective orde...

Excerpt: ... a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the writ...

Excerpt: ...wood Regional Medical Center – X‐rays; Fariba Shokoohy, M.D.; Los Coyotes Drug; Golden Age Dental Care; Dennis Clark, M.D.; Dennis Clark, M.D. – Billing; Los Alamitos Medical Center; Los Alamitos Medical Center c/o Central Financial Control; Los Alamitos Medical Center – X‐rays; Super Care Inc.; Pharm D & Associates, Inc.; California Diagnostics Laboratories; California Mobile X‐ray; Americare Ambulance Service; Companion Home Health ...

Excerpt: ... of $310.00 ($250/hr. x 1 hr.) + ($60 filing fee) within 15 days of the date of this hearing. Defendant VANDANA AGARWAL is ORDERED to provide verified responses to Plaintiff/Cross‐Defendant's Form Interrogatories, without objection within 15 days of the date of this hearing. Moving Party to give Notice. No Opposition filed as of April 17, 2018. Motion to Compel Form Interrogatories If a party to whom interrogatories and document demands are dir...

Excerpt: .... This quiet title action was filed on September 21, 2017 by Plaintiff RONALD RODRIGUEZ. Plaintiff alleges that in or around May 2013, he owned the Subject Property located at 21107 Haston Place, Lakewood, California 91705. (FAC ¶6.) “At the time, because of the economic downturn, Plaintiff's <00870085008e0091009500 00060003021b037901e4>) Plaintiff further alleges that his mother's fiancé, Defendant ROBINSON VELEZ, offered to help Plaintiff a...

Excerpt: ...THLEEN ANDERSON, individually and as successor in interest to decedent JOHNNY ANDERSON; and the ESTATE OF JOHNNY ANDERSON, by and through KATHLEEN ANDERSON. Plaintiffs' Fourth Amended Complaint was filed on December 4, 2017, and asserts the following causes of action: (1) Wrongful Death; (2) Battery and Survivorship; and (3) Violation of Civil Code §52.1. Defendants COUNTY OF LOS ANGELES (“County”) and KARLOS MILLAN (“Millan”) demur to P...

Excerpt: ...GRANTED. CCP § 2025.450. Defendant/Cross-Complainant LAQUENT D. FOBBS is ORDERED to pay Plaintiff/Cross-Defendant VEROS CREDIT, LLC and its counsel of record, sanctions in the total amount of $1,642.50 ($325/hr. x 4.5 hrs.) + ($180 filing fee) within 15 days of the date of this hearing. Defendant/Cross-Complainant LAQUENT D. FOBBS is ORDERED to provide verified responses to Plaintiff/Cross-Defendant's Form Interrogatories (set two), without obje...

Excerpt: ...st him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted….” (emphasis added.) (CCP §473(b).) First, as argued by Plaintiff in Opposition, Defendant failed to attach a copy of her proposed answer or pleading to the instant application to set aside...

Excerpt: ... on March 28, 2018. The relevant facts are as follows: “On or about June 29, 2015 [Plaintiff]…insured the real property commonly known as 3133 Punta Del Este Drive, Hacienda Heights, CA (‘the insured property'); Destruction or damage resulting from fire or smoke was among the type of losses insured against by Plaintiff. The insured property was, at such time, owned by James and Patricia Rago (‘Plaintiff's insured').” (Complaint ¶3.) �...

Excerpt: ...swer fails to plead any facts in support of the alleged affirmative defenses, and fails to provide a defense against he claims made by in Plaintiff's Complaint. Thus, Plaintiff contends that judgment must be entered in his favor. However, Defendant has also made a general denial. “Defendant denies each and every, all and singular, generally and specifically, allegations contained in the Complaint and each cause of action thereof; denies that De...

Excerpt: ...o Special Interrogatories (set one) is GRANTED in part, and MOOT in part. I. Plaintiff's motion to compel further responses and actual production of documents, and to request for identification and production of documents (set one) is GRANTED in part, and MOOT in part. Moving Party to give notice. Counsel are encouraged to make continued efforts to informally resolve their discovery disputes. Motion to Compel Further Responses to Requests for Adm...

Excerpt: ...ber 10, 2017. The relevant facts are as follows: “On or about August 28, 2009, Plaintiff and Defendant entered into a written lease agreement for a term commencing on September 1, 2009 and ending on May 31, 2017.” (FAC ¶5.) The “Lease” is attached to the FAC as Exhibit A. “While the Lease included language that ambiguously released Defendant from liability for damage to Plaintiff's property or loss of business, such release did not enc...

Excerpt: ...50. Moving Party to give Notice. Motion to Strike Answer Cross‐Complainant DIAZ's motion to strike Cross‐Defendant CALIFORNIA ELDER LAW CENTER, INC.'s (“CELC”) Answer filed December 6, 2017 is STRICKEN Cross‐Defendant did not obtain leave of Court prior to filing it. (See CCP §472; Bank of America v. Goldstein (1938) 25 Cal.App.2d, 37, 45.) Motion to Strike First Amended Cross‐Complaint On January 30, 2018, Cross‐Complainants MICHA...

Excerpt: ...ary 17, 2017, asserts the following causes of action: (1) Accounting; (2) Breach of Fiduciary Duty; (3) Conversion; (4) Elder Abuse; (5) Quiet Title of Allred Avenue Property; (6) Conversion of Stock Certificate (Leisure World); (7) Injunction; (8) Declaratory Relief; (9) Fraud; and (10) Claim and Delivery. Plaintiff moves to sever his first cause of action for accounting. Plaintiff argues that the first cause of action for accounting should be s...

Excerpt: ...tice. Defendant/Cross‐Complainant JAIME G. MONTECLARO is ORDERED to provide further verified written responses, without objection to Plaintiff/Cross‐ Defendant LEGAL SUPPORT, INC.'s (i) Form Interrogatories (set one); and (ii) Special Interrogatories (set one), no later than 10 days from the date of this hearing. Defendant/Cross‐Complainant JAIME G. MONTECLARO is ORDERED to pay Plaintiff/Cross‐Defendant LEGAL SUPPORT, INC. and its counsel...

Excerpt: ...el's motion to withdraw was granted February 28, 2018. As of March 28, 2018, no Substitution of Counsel has been filed. On December 12, 2017, this Court ORDERED Defendant MALDONADO to serve further responses, without objection to Form Interrogatory 17.1 (with respect to RFA's 3-8). Notwithstanding, as of January 22, 2018 (the filing date of the instant motion), no further responses have been served. Consequently, Plaintiff argues that the Court s...

Excerpt: ...s may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on April 30, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after Ja...

Excerpt: ...aintiff's Complaint asserts the following causes of action: (1) Intentional Interference with Prospective Economic Relations; (2) Negligent Interference with Prospective Economic Relations; and (3) Inverse Condemnation in Violation of California Constitution Article I, §19. Defendant CITY OF PICO RIVERA (“Pico Rivera”) demurs to the entire Complaint pursuant to CCP §430.10(e) and (f). Defendant argues that the Complaint is fatally uncertain...

Excerpt: ...tiff alleges that the non‐judicial foreclosure sale of her residential property should be enjoined due to Defendant NATIONS DIRECT MORTGAGE, LLC's conduct in their alleged refusal to provide Plaintiff with a loan modification. Plaintiff's SAC, filed October 17, 2017, asserts the following causes of action: (1) Violation of Homeowner's Bill of Rights, Cal. Civ. Code §2923.6; (2) Negligence; (3) Violation of Bus. & Prof. Code §17200 et seq.; an...

Excerpt: ...ive Order after it is executed by the parties' and received by this Court. II. Plaintiffs' motion to compel Defendant GLORIA MONICA RODRIGUEZ to produce documents requested at her deposition and to answer deposition questions related thereto is GRANTED in part. III. Defendant ALI SABBAGHZADEH, D.D.S.'s motion to quash deposition subpoenas for production of bank records is GRANTED. IV. Defendant ERNESTO TENA, D.D.S.'s motion to quash amended Depos...

Excerpt: ... Cal. Ev. Code §452. When a motion to expunge lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real‐property claim, and to evidence the probability validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion to expunge, reflect...

Excerpt: ...emurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. (CCP §430.30(a).) Consequently, the statements contained in the declarations attached to the Moving, Opposition, and Reply Papers are not considered, and the evidentiary objections raised by the parties are MOOT. This action for creation of a private nuisance, violation of Califo...

Excerpt: ...ny of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐complaint. (b) Any other cross‐complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court to file any cross‐complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice ...

Excerpt: ...chase Agreement (“Agreement”) whereby Defendant agreed to sell Plaintiff the residential property located at 8576 Florence Avenue, in Downey, California for $620,000.00. (SSUDF No. 1.) “On September 26, 2016, Defendant Solorio sent Le a Notice to Buyer to Perform, alleging that Le had failed to remove all contingencies prior to sale.” (Id. No. 3.) Plaintiff further alleges that “[t]he notice was defective, as it gave only Le one day to ...

Excerpt: ...submits a partial opposition to Plaintiff's motion, arguing that Plaintiff's requests are overbroad and burdensome. The Motion to Compel Arbitration and Motion for Trial Preference are currently scheduled for hearing on May 1, 2018. “Because a Code of Civil Procedure section 1281.2 petition to compel arbitration falls within the provisions of the Code of Civil Procedure for “special proceedings of a civil nature,” the Civil Discovery Act...

Excerpt: ...sel of record, sanctions in the total amount of $460.00 ($200/hr. x 2 hrs.) + ($60 filing fee) within 15 days of the date of this hearing. Defendant XING LI is ORDERED to provide verified responses and documents, without objection within 5 days of the date of this hearing. If a party to whom document demands are directed fails to respond at all, the propounding party's remedy is to seek a court order compelling answers thereto. (CCP §§ 2031.300...

Excerpt: ...ANDOVAL and INVESTORFORECLOSE refuse to stipulate to continue the discovery cut‐off and motion deadlines to track the new trial date (August 6, 2018.) Consequently, Plaintiffs move to continue the discovery cut‐off and motion deadlines to track the continued trial date. Additionally, Plaintiffs request that this Court ORDER Defendants STREMIZ, SANDOVAL, and INVESTORFORECLOSE CORP. to produce “certain email communications from their Yahoo Ad...

Excerpt: ...2018. Plaintiff's Complaint asserts the following causes of action: (1) Intentional Interference with Prospective Economic Relations; (2) Negligent Interference with Prospective Economic Relations; and (3) Inverse Condemnation in Violation of California Constitution Article I, §19. Defendant CITY OF DOWNEY (“Downey”) demurs to the entire Complaint pursuant to CCP §430.10(e) and (f). Defendant argues that the Complaint is fatally uncertain. ...

Excerpt: ...is or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer….2. When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, in writ...

Excerpt: ...017. On March 3, 2017, Plaintiff ALBERTO MURATALLA passed away, and the ESTATE OF ALBERTO MURATALLA was substituted in as Plaintiff for the place and stead of the Decedent. The Complaint alleges in pertinent part: “The subject of this action is certain real property… commonly known as 9027 Hegel Street, Bellflower, California 90706, County of Los Angeles, State of California….” (Complaint ¶¶5‐6.) “Plaintiff ALBERTO MURATALLA, and De...

Excerpt: ...n arises out of the Defendants' purported breach of Settlement Agreement(s) concerning the conveyance of an exclusive easement. Plaintiff's Complaint was filed on April 5, 2017. The relevant facts are as follows: “Slattery and the Samarins fully executed [a] Settlement Agreement on March 25, 2015. The Samarins then sold the Neighboring Property to Ding on April 9, 2015. In the interim, the Samarins failed to deed the portion of land under the e...

Excerpt: ...n 2016.040.” (CCP §2025.450(b)(2).) The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further efforts to resolve the issues presented in the subject motions. If...

Excerpt: ...er 13, 2017, without objection, at a reasonable date and time to be determined by the parties— no later than 15 days from the date of this hearing. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a va...

Excerpt: ...rty to give Notice. Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions, and avoid inconsistent results by hearing and deciding common issues together. (Estate of Baker (1982) 131 Cal.App.3d 471...

Excerpt: ... the hearing date. Defendant isORDERED to file and serve its Amended Answer within 5 court days of the hearing date. Defendant's motion for leave to amend answer is granted. (CCP §§473(a)(a), 576.) Defendant brings this motion to amend its Answer to include the affirmative defense of Statute of Limitations. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality sho...

Excerpt: ...t Property located at 21107 Haston Place, Lakewood, California 91705. (FAC ¶6.) “At the time, because of the economic downturn, Plaintiff's real property was in the process of being foreclosed.” (FAC ¶7.) Plaintiff further alleges that his mother's fiancé, Defendant ROBINSON VELEZ, offered to help Plaintiff avoid foreclosure. (FAC ¶8.) “Under Defendant's proposal, Plaintiff was to short‐sell the property to Defendant for $320,000.00, ...

Excerpt: ...status of the trustee. Any objection shall set forth the factual basis on which the objection is based and shall be served on the trustee.” (Cal. Civ. Code §2924l(c).) “In the event that no objection is served within the 15-day objection period, the trustee shall not be required to participate any further in the action or proceeding, shall not be subject to any monetary awards as and for damages, attorneys' fees or costs, shall be required t...

Excerpt: ...te over real property located in India. Plaintiffs REMESHKUMAR BHARATI and JAGESHWARI BHARATI filed this action on December 15, 2017. The relevant facts are as follows: “On or about March 2016, plaintiffs demanded that defendants specifically perform the act of executing a deed to ancestral property. In exchange plaintiffs gave to defendants money and stock certificates to an account with Fidelity Investments. Defendants took the money and the ...

Excerpt: ... 90240. (Complaint ¶¶ 1‐7.) Defendant TELE DOLPHIN EQUITY PARTNERS LLC owns the aforementioned premises. (Id. 8.) Plaintiffs allege that Peoples is the owner of an unrestrained dog that viciously attached Plaintiff (minor) Vanessa Renteria once in 2015, and then again in 2016. Plaintiffs purportedly reported Peoples' dog's attacks to the manager of the Premises who knew or had reason to know of the dog's vicious tendencies. Plaintiffs further...

Excerpt: ...as follows: “Plaintiff was employed by the defendant as a nurse who administers…patient care. She worked at the facility for approximately 2 years as a full0time employee up until her termination.” (FAC ¶8) “Several times during the plaintiff's employment, defendant Ekenedilichukwu Nzenwaka had assaulted the plaintiff on several occasions including but not limited to verbal abuse, tormenting the plaintiff, interfering with her work sched...

Excerpt: ...ated a good faith effort to informally resolve the instant discovery dispute. The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further efforts to resolve the issu...

Excerpt: ...o follow “rainy weather protocol” is MOOT pursuant to this Court's Order of December 11, 2017. II. Defendants'/Cross‐Complainants' SUPER CENTER CONCEPTS, INC.; ROSA GASPAR; MARIA MORENO; and EDUARDO SERRANO's motion for a protective order to preclude enforcement of the deposition of Rosa Gaspar is MOOT pursuant to this Court's Order of December 11, 2018. III. Defendants'/Cross‐Complainants' SUPER CENTER CONCEPTS, INC.; ROSA GASPAR; MARIA ...

Excerpt: ...le a Third Amended Complaint. Plaintiff's proposed TAC seeks to amend the its current operative pleading by adding two additional causes of action for Negligence and Breach of Contract. Plaintiff argues that these proposed amendments contain facts ascertained through further discovery, “a review of prior pleadings,” and investigation. “A separate declaration must accompany [a motion for leave to file an amended complaint] and must specify: ...

Excerpt: ...he threatened foreclosure of their residential real property. (Complaint ¶2.) Plaintiffs allege that they have submitted numerous loan modification application in order to prevent the foreclosure of their Property. Plaintiffs allege, “Defendants wrongfully delayed Plaintiffs' modification request due to their own ineffective and unreasonably slow processing system and the financial incentives they received by asking Plaintiffs to submit and re...

Excerpt: ...20, 2017. Plaintiff's Complaint asserts the following causes of action: )1) Common Counts – Open Book Account; (2) Common Counts – Goods Sold and Delivered; and (3) Common Counts – Account Stated. Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Open Account; (3) Account Stated; (4) Goods Sold and Delivered; (5) Conversion; (6) Claim and Delivery; (7) Promise Without Intent to Perform; (8) Intentiona...

Excerpt: ...ongful foreclosure was filed by Plaintiffs JAMES ORTIZ and YOLANDA ORTIZ on September 19, 2017. As alleged, the relevant facts are as follows: “The claims brought herein are based on a refinance of Plaintiffs' primary residential property in which Plaintiffs were induced into a predatory Negative Amortization, Adjustable rate mortgage loan that stripped Plaintiffs' equity and resulted in a premature, wrongful foreclosure of their real property ...

Excerpt: ...ursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Further, pursuant to the parties' representations, many of the disputed items can be, or have been resolved without Court intervention. Counsel are ORDERED to make further efforts to resolve the issues presented. If, after exhausti...

Excerpt: ...n to compel further responses and actual production of documents, and to request for identification and production of documents (set one) is CONTINUED to Thursday, April 12, 2018 at 1:30 p.m. in Dept. SE‐C. Moving Party to give notice. A motion to compel further responses must be accompanied by a meet and confer declaration. The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel ar...

Excerpt: ...to pay Plaintiff and its attorney of record, sanctions in the total amount of $510.00 (1.5 hrs. x $300/ hr.) + ($60.00 filing fee) no later than Thursday, March 22, 2018. “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. The Court, on motion, may relieve that party from this wa...

Excerpt: ..., 1998; and the JAMES G. KALLINS PERSONAL RESIDENTIAL TRUST JUNE 16, 1998's motion to strike portions of Plaintiffs' Complaint is GRANTED with 20 days leave to amend. CCP §436. Moving Party to give notice. This property damage action was filed by Plaintiffs STEPHEN D. CHU; WILLIAM H. CHU; and AGNES O. CHU on August 8, 2017. The relevant facts are as follows: Plaintiffs WILLIAM and AGNES CHU purchased a single‐family home in June 1992 located a...

Excerpt: ...d, the relevant facts are as follows: LSI is a business that provides staffing and support services for law offices. (SAC ¶10.) “In 2004… LSI entered a long‐term business relationship with Monteclaro, to provide his law office with extensive staffing and support services.” (SAC ¶18.) “Cabrera also worked for LSI until March 2016 (as a salaried employee) when she voluntarily abandoned her position after LSI declined to meet her unreaso...

Excerpt: ... of contract was filed by Plaintiff AIDA BRISENO on December 12, 2017. Plaintiff alleges that “[t]his civil lawsuit is a continuation of claims that could not be made in the Arbitration Hearing with the Contractors State Licensing Board… on 04/06/17….” (Complaint ¶1.) Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Property Damages; (3) Negligence; and (4) Punitive Damages. Defendant demurs to Pl...

Excerpt: ...relevant facts are as follows: Plaintiff is a 20‐year old Special Education student who was allegedly involved in an ATV accident on March 9, 2015 during an automotive repair class at LAUSD's Slawson Occupation Center. Plaintiff alleges that Plaintiff received no training whatsoever from his instructor, Sayed Hossein Saidi on how to operate an ATV, and that there was no safety or protective clothing available for him to use. While Plaintiff was...

Excerpt: ...intiffs have not demonstrated a good faith effort to informally resolve the instant discovery dispute. The Court is not persuaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further ef...

Excerpt: ...NTED. Cal. Ev. Code §452. This action for quiet tile was filed by Plaintiffs on February 9, 2017. The relevant facts are as follows: The real property that is subject to this action is commonly referred to as 7124 Plaska Avenue #A, Huntington Park, CA 90255. (Defendant's SSUMF No. 1.) NEW ERA INVESTMENT, INC. obtained a loan from ANCHOR LOANS, INC. for $107,000.00 secured by the Subject Property on May 29, 2013. (Id. No. 3.) Sometime in 2014, Pl...

Excerpt: ...rder pursuant to CCP §708.510 as to payments due or to become due to the judgment debtor stemming from real estate commissions payable to Defendant by his employing real estate broker, LMM Real Estate, Inc. (See Silverman Decl., ¶3.) <0092008e008b0085008300 0096008a00870003008c>udgment 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...

Excerpt: ...osing party to give Notice. This action for sexual battery was filed by Plaintiff DORA MENDOZA on January 25, 2015. Plaintiff alleges, in pertinent part: “During a particular chiropractic session on or around December 2014 to January 2015, Defendant LOWRY was in the process of providing a massage and adjustments to Plaintiff's neck area, when Defendant LOWRY inexplicably and intentionally stuck his hands under Plaintiff's shirt and bra strap an...

Excerpt: ...intiff, PRC…. PRC agreed to provide emergency services at Defendant's commercial property. In return, Defendants agreed to pay a fee for services rendered…. ¶ [T]he total sum of $57,561.49 remains due and owing for the emergency since approximately February 14, 2017.” (Complaint ¶¶7‐8.) Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Open Book Account; (3) Common Counts; and (4) Quantum Meruit....

Excerpt: ...ed by Plaintiff BASIC PLUS, INC. on November 7, 2017. As alleged, the relevant facts are as follows: “Plaintiff and KP and Does 1 through 10…conducted certain business transactions with each other wherein Plaintiff delivered certain textile products to said Defendants…. Defendants… took possession from Plaintiff… however…Defendants have failed (to date) to make full payment to Plaintiff for said goods….” (Complaint ¶11.) “Defen...

Excerpt: ... It is unclear to the Court how Defendant STREMIZ can join in the demurrer of Defendants SANDOVAL and INVESTORFORECLOSE where not all defendants are similarly situated in this action. It is not readily apparent how the arguments applicable to the broker defendants also apply to the “joining” defendant herein. Nor has the “joining” defendant assisted the Court in indicating how those arguments would be applicable. Accordingly, Defendant ST...

Excerpt: .... Plaintiff's request for judicial notice is GRANTED as to the existence of the documents, but not as to the hearsay statements contained therein. Cal. Ev. Code §452. When assessing the amount of any attorney's fee award, courts typically determine what is reasonable through the application of the “lodestar” method. Under the lodestar method, a base amount is calculated from a compilation of (1) time reasonably spent and (2) the reasonable h...

Excerpt: ...y Plaintiff MIKE ROCHE, INC. on December 30, 2016. As alleged, the relevant facts are as follows: “On or about June 6, 2016, Plaintiff and Defendants entered into a contract for mobile fleet bulk fuel and oil. In exchange for Plaintiff providing Defendants' trucks with bulk fuel and oil at specified rates, Defendants agreed to pay the amount due within 10 days from the date of the invoice. ¶ Plaintiff negotiated the terms of the contract with ...

Excerpt: ...mplaint within 5 court days of the hearing date. Moving Party to give Notice. No Opposition filed as of February 27, 2018. Plaintiffs seek leave to file a Fifth Amended Complaint in order to expand their cause of action for Breach of Mandatory Duty to include newly discovered evidence. California recognizes “a general rule of…liberal allowance of amendments…” (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939.) It has also long been...

Excerpt: ...��In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions m...

Excerpt: ...arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the pa...

Excerpt: ...n of Cori B. Jones, is DEEMED SERVED AND FILED as of the hearing date, and is set for hearing on Tuesday, April 3, 2018 at 1:30 p.m. in Dept. SE‐C. Defendant's application to vacate default is granted in the interests of justice and judicial efficiency, and to prevent irreparable harm. Upon review of the Moving Papers, the Court finds that Defendant was not properly served with Notice of Summons and Complaint and did not receive actual notice o...

Excerpt: ... Amended Answer within 5 court days of the hearing date. Defendant NORTH AMERICAN STAINLESS, INC.'s motion for leave to amend answer is granted. (CCP §§473(a)(a), 576.) Defendant brings this motion to amend its Answer to include as an affirmative defense, the issue of the Employer's (Bralco Metals), negligence. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality...

Excerpt: ...��(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an ...

Excerpt: ... §430.10(e). Moving Party(s) to give Notice. The Court notes that Defendant FIDELITY AND DEPOSIT COMPANY OF MARYLAND's demurrer to Plaintiff's FAC references a “concurrently filed” Motion to Strike. No such Motion to Strike has been filed, and there is no Motion to Strike on calendar for February 27, 2018. This breach of contract action was filed by Plaintiff ALFRED L. NEWBERRY on September 8, 2017. The relevant facts are as follows: “On O...

Excerpt: ...41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on March 19, 20...

Excerpt: ...pplication by a judgment creditor of a member or transferee, a court may enter a charging order against the transferable interest of the judgment debtor for the unsatisfied amount of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and requires the limited liability company to pay over to the person to which the charging order was issued any distribution that would otherwise be paid to the judgment de...

Excerpt: ...rbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the par...

Excerpt: ...iled by Plaintiffs JAMAL DAWOOD; WHITE EAGLE PROPERTIES; MEDLINE MANAGEMENT CORPORATION; and FIRESTONE FINANCE CORPORATION on August 7, 2017. A First Amended Complaint was filed on September 12, 2017. The FAC asserts the following causes of action: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Fraud; (4) Breach of Oral Contract; (5) Negligence Per Se; (6) Accounting; (7) Negligence; and (8) Breach of Implied Covenant. Defendants MICHAEL CHANG...

Excerpt: ...LOURENCO, D.D.S.; A A LOURENCO DENTAL PROFESSIONAL CORPORATION; and GLORIA MONICA RODRIGUEZ's motion to quash third‐party persons most knowledgeable deposition subpoenas to Bank of America, N.A. is DENIED. Opposing Party to give notice. Defendant CHANTISTE BEAL, D.D.S. moves to quash Plaintiffs' subpoenas for production of business records related to her, which were served on the following entities: (1) The Custodian of Records at Bank of Ameri...

Excerpt: ..., 2017, Plaintiff filed a third amended complaint, which asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; (3) Fraud; and (4) Conversion. Defendants RAAM CONSTRUCTION, INC. and RICHARD LARA (collectively “Raam”) demur to Plaintiff's first, second, and third causes of action pursuant to CCP §430.10(e). Specifically, Raam demurs on the basis that Plaintiff has failed to allege that Plaintiff held the proper con...

Excerpt: ...sition(s) filed as of February 20, 2018. The Court notes that a Notice of Stay of Proceedings was filed as to Defendant PEREZ BROTHERS TRANSPORT, LLC on February 8, 2018. The Court finds that Counsel has met the procedural requirements, including proper notice to the client at the last known residence or business address of the client. C.R.C. 3.1362. Here, Counsel's declaration(s) indicate that the “[c]lient-attorney relationship has deteriorat...

Excerpt: ...ises from Defendants' purported premises liability. As alleged, “[o]n or about December 20, 2013 the plaintiff…. slipped and fall [sic] in oil on the loading ramp at [sic] located at 12440 E. Imperial Hwy, Norwalk California building.” (FAC ¶ 4.) Plaintiffs further allege that “[t]he defendants created a dangerous condition by allowing the oil to remain on the loading ramp.” (Id.) Defendant SONNEBLICK‐DEL RIO NORWALK, LLC is alleged ...

Excerpt: ...MARINA MONTELLANO and PEDRO MONTELLANO's joinder to Defendants NHIN DAU HO and WAI YIN NG's motion for summary judgment or alternatively summary adjudication is MOOT. Moving Party(s) to give Notice. Defendants NHIN DAU HO and WAI YIN NG's request for judicial notice is GRANTED. Cal. Ev. Code §452. This action for breach of contract concerning real property was filed on September 6, 2016 by Plaintiff RAUL VELASQUEZ. The relevant facts are as foll...

Excerpt: ... The parties shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days of the date of this hearing. The Court finds that 30 days is warranted where trial is not scheduled until June of 2018. The date may be extended by agreement of the parties. Service of a proper deposition notice obligates a party to attend and testify. If such party fails to appear, such appearance may be c...

Excerpt: ...018. (CCP §1005(b).) There is no POS attached to Defendant MONTECLARO's untimely Opposition. Defendant/Cross‐Complainant JAIME G. MONTECLARO is ORDERED to provide further verified written responses, without objection to Plaintiff/Cross‐ Defendant LEGAL SUPPORT, INC.'s requests for production of documents (set one), together with all responsive documents in his possession, custody, or control, no later than 30 days from the date of this heari...

Excerpt: ...ngrid] received a settlement for medical negligence, attorney Fukushima hired Roxana Gunther to take care of Ingrid…. By all appearances Roxana has done everything except take care of the plaintiff's step‐daughter.” (Complaint ¶11.) “Ingrid's attorney at all relevant times to this action, is PAUL FUKUSHIMA.” (Id. ¶9.) “Plaintiff discovered by the police that Roxana made the outrageous claim that the Plaintiff had repeatedly raped In...

Excerpt: ... within the time prescribed in this article: … (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute” (CCP §583.250(a)(2) and (b).) This action was filed on January 26, 2012...

Excerpt: ...plaint is GRANTED without leave to amend. MOOT. Moving Party to give Notice. This premises liability action was filed by Plaintiffs JOSE ALCANTARA and JAMES CERDA on March 22, 2017. Plaintiffs allege, in pertinent part: “On September 20, 2015, while the Plaintiffs were invitees…at the Buffalo Wild Wings Premises and on the Premises, a verbal disturbance occurrence…. Defendants aggravated, enflamed and increased the tension and confrontation...

Excerpt: ...y stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall d...

Excerpt: ...d as an active civil case. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on March 6, 2018 at 8:30 a.m. in Department SE‐F Code of Civil Procedure section 473(d), provides “[t]he court ... may on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP § 473(d).) “A judgment void on its face ... is subject to collateral attack at any time.” (Rochin v. Pat Johnson Mfg. Co. (...

Excerpt: ...wrong business entity (2202 E. ANDERSON ST., LLC). The unopposed motion to quash is granted. Once a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. (Vons Companies, Inc. v. Seabest Food, Inc. (1996) 14 Cal.4th 434, 449.) Here, Zion Vanounou has submitted evidence indicating that 2202 E. ANDERSON ST., LLC is not a valid and e...

Excerpt: ...aring date. The date may be extended by agreement of the parties. Defendant's request for sanctions is DENIED. Moving Party to give notice. The Court finds that Defendant is clearly entitled to take Plaintiff's deposition. Any party may obtain discovery… by taking in California the oral deposition of any person, including any party to the action.” (CCP §2025.010.) (emphasis added.) In Opposition, Plaintiff's Counsel argues that Plaintiff's a...

Excerpt: ...1, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on February 26, 2018. (NO FAX FILING.) CCP § 430.41(a)...

Excerpt: ... 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.” (emphasis added). (CCP § 2034.610(b).) Here, the Court finds that exceptional circumstances exist to warrant Plaintiff's untimely filing of the instant motion— specifically, Plaintiff's former counsel's unforeseeable withdrawal from this ...

Excerpt: ...do not constitute confidential proprietary information. Plaintiff argues that Defendant produced the “confidential” information in a separate and unrelated litigation, and that Defendant produced such documents without objection. The Court has reviewed its September 29, 2017 Order in light of the arguments raised in the subject briefs and has revised the Order as follows: A. Defendant/Cross‐Complainant's SUPER CENTER CONCEPTS, INC.'s motion...