Excerpt: ...Sr., Oscar Bustamante, and Maria Morales filed this action against Defendant, Wan Sung Chai damages arising out of an automobile accident. 2. Parties' Positions Defendant moves to transfer this action from unlimited to limited jurisdiction court, contending each of the four plaintiffs is claiming under $4000/person in medical expenses. Defendant contends Plaintiffs have not mentioned loss of earning, general damages, or punitive damages in discov...

Excerpt: ... a three-vehicle semi accident. 2. Motion to Compel Production of Defense Medical Report a. Parties' Positions Defendants, Gurdeep and Habir Singh had Plaintiff's IME conducted by Harvey Lawrence Edmonds, MD on 10/04/19. Plaintiff made numerous e-mail requests for a copy of the report, and Defendants consistently said they would provide the report once it was prepared/received. Defendants, in opposition, indicate they provided the report on 12/10...

Excerpt: ...On 10/31/19, the Court entered an order granting Defendant's motions to compel responses to the outstanding discovery, and also imposing sanctions; the Court ordered Plaintiffs to serve verified responses within ten days. To date, Plaintiffs have not complied with the order; at this time, Defendant seeks an order imposing terminating sanctions. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser s...

Excerpt: ...g out of an automobile accident. Plaintiff filed the complaint on 1/08/19. Plaintiff filed a proof of service of the summons, complaint, statement of damages, and related documents on 3/18/19; the POS indicates a registered process server served Defendant via substitute service on “Sam (last name unknown) – Paint shop clerk – person in charge” at Printop located at 8539 W. Sunset Blvd. On 4/30/19, at Plaintiff's request, the Clerk entered...

Excerpt: ...arising out of an automobile accident. Plaintiff alleges she was injured in an automobile accident in her capacity as a rider in an Uber vehicle driven by Salim “Doe.” 2. History of Motion to Compel Arbitration The Court was originally scheduled to hear this motion on 9/30/19. Plaintiff failed to oppose the motion, and the Court issued a tentative ruling granting the motion. Plaintiff appeared at the hearing and sought a continuance, which wa...

Excerpt: ...y of Pasadena for damages arising out of burn injuries sustained on a hot manhole cover on the public sidewalk. Lam was a toddler at the time she sustained her injuries. She fell onto the manhole cover, which was hot because it was 81 degrees and sunny outside. She sustained burns as a result of her fall. 2. Motion for Summary Judgment At this time, Defendant moves for summary judgment on the complaint. It contends it is entitled to judgment as a...

Excerpt: ... a slip and fall. The accident occurred on 4/27/15. Plaintiff filed her complaint 4/27/17. Plaintiff has not, to date, filed proof of service of the summons and complaint on any defendant in the action. The case was scheduled for an FSC on 10/11/18 and trial on 10/29/18. Plaintiff did not appear at the FSC or the trial, and on 10/29/18, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 4/26/19, Plaintiff filed the instant motion t...

Excerpt: ...complaint contains a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. At this time, Defendant moves to strike the prayer for punitive damages and related allegations against her. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the safety of others are sufficient to show malice. Tay...

Excerpt: ...on Plaintiff on 9/20/18. Plaintiff served responses on 3/14/19. The parties participated in an IDC on 5/14/19. At that time, Plaintiff agreed to serve supplemental responses. Despite further meet and confer efforts, Plaintiff has not done so. On 7/30/19, Defendant filed and served motions to compel further responses. On 10/10/19, the Court granted Defendant's unopposed motions to compel further responses and imposed sanctions in the amount of $48...

Excerpt: ..., Inc., De Ozark Group, Inc., De Morgan, Inc., Elk Trucking, Inc., Echo Linux, Inc., Hao Luo, Yuzuan Li, Jianwei Han, and Hong Liang for damages arising out of an automobile accident. Plaintiff alleges he was a passenger in a freight truck driven by Liang when the freight truck tipped over, causing him to sustain injuries. Plaintiff alleges the remaining defendants owned the freight truck, entrusted the freight truck to Liang, and/or employed Lia...

Excerpt: ... et al. for damages arising out of a robbery that occurred in BOA's parking lot. The robbery included an assault, which tragically resulted in the death of Decedent, Maria Salibian. 2. Motion for Summary Judgment At this time, BOA moves for summary judgment on the complaint, contending the robbery was not foreseeable, such that it had no duty to provide security guards in its parking lot. Alternatively, it contends Plaintiffs cannot show causatio...

Excerpt: ...complaint contains a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. At this time, Defendant moves to strike the prayer for punitive damages and related allegations against her. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the safety of others are sufficient to show malice. Tay...

Excerpt: ...n Defendant's bathroom. The basic facts concerning the fall are not in dispute. Plaintiff and Defendant went to lunch on the day of the incident. After lunch, they returned to Defendant's home. Plaintiff, who has a prosthetic leg, fell on Defendant's bathroom floor. Defendant's boyfriend had cleaned the bathroom floor while Plaintiff and Defendant were at lunch. 2. Motion for Summary Judgment a. Parties' Positions Defendant moves for summary judg...

Excerpt: ...accident. Plaintiff filed the complaint on 7/25/17. On 9/08/17, she filed proof of service of the summons and complaint. The POS indicates a registered process server served Defendant by personal service at his home address. On 1/18/18, at Plaintiff's request, the Clerk entered Defendant's default. On 2/04/19, Plaintiff filed papers in support of her request for default judgment. On 6/14/19, the Court entered Judgment in Plaintiff's favor in the ...

Excerpt: ...pany, PPA-CA LP, and Animal Emergency Center for damages arising out of a dog bite incident. Specifically, Plaintiff alleges Pathway operates a veterinary medical clinic, and Plaintiff was bitten by an animal that was at the facility. Plaintiff's complaint includes causes of action for strict liability and negligence, both of which are asserted against all of the defendants. 2. Demurrer a. Parties' Positions At this time, Pathway Vet Alliance, LL...

Excerpt: ...r. and Perris Valley Auto Center, Inc. for damages arising out of an automobile accident. Plaintiff's operative First Amended Complaint includes causes of action for gross negligence (first), motor vehicle owner liability – permissive use of vehicle (third), and negligent entrustment (sixth) against Moving Defendant, Perris. Plaintiff's first cause of action for gross negligence alleges Perris was grossly negligence because, at the time it sold...

Excerpt: ...r, LLC for medical malpractice. Plaintiff alleges Defendants negligently performed a cataract surgery, causing a lacerated iris. Plaintiff sues for medical malpractice and lack of informed consent. 2. Motion for Summary Judgment a. Moving Argument At this time, Defendants move for summary judgment, contending they complied with the standard of care at all times, and nothing they did caused or contributed to Plaintiff's claimed damages. Defendants...

Excerpt: ... arising out of a trip and fall on a city bus handicap ramp. Plaintiff filed her complaint on 1/26/18. In her complaint, at ¶¶8-10, Plaintiff alleges compliance with the Government Tort Claims Act. 2. Undisputed Facts Defendants deposed Plaintiff on 4/17/19. Defense Counsel showed Plaintiff a copy of her Government Tort Claim. Plaintiff admitted that she had never seen the form before, had not filled out the form, did not sign the form, and did...

Excerpt: ...is action against Defendant, Omni Contracting (California), Inc. for damages arising out of a construction-related accident. 2. Motion for Summary Judgment At this time, Defendant moves for summary judgment on the complaint, contending it is not liable for Plaintiff's injuries pursuant to Privette and its progeny. Plaintiff filed an opposition to the motion. Defendant filed a reply to the opposition. The Court has read and considered all papers i...

Excerpt: ...hristina Ramirez for damages arising out of an accident that occurred while Plaintiff was a passenger on Defendants' bus. On 9/23/19, Defendant deposed Plaintiff. The deposition commenced at 9:58 a.m. and concluded at 2:18 p.m. The deposition concluded because Plaintiff's attorney was making objections and Defendant's attorney believed they were improper. At this time, Plaintiff moves for a protective order. Specifically, Plaintiff seeks an order...

Excerpt: ...ges arising out of an automobile accident. Plaintiff's complaint contains a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. 2. Motion to Strike At this time, Defendant moves to strike the prayer for punitive damages and related allegations against him. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a cons...

Excerpt: ...ollywood. Plaintiff alleges Defendant approached him as if to hug him, but then bit his neck and broke his skin. On 7/09/19, Plaintiff submitted an Application to Serve Defendant by Publication. On 8/22/19, the Court issued an Order granting the application. On 9/30/19 and 10/10/19, Plaintiff filed proof of service of the summons and complaint on Defendant via publication in newspapers in California and Colorado. At this time, Defendant moves to ...

Excerpt: ...out of an automobile accident and subsequent assault. Plaintiff propounded RFAs and form interrogatories on Defendant on 7/26/19. Defendant initially served nothing but objections to the form interrogatories. Defendant ultimately agreed to serve supplemental responses on or before 10/11/19, which he did. Plaintiff continued to believe many of the responses were deficient, and Plaintiff wrote a meet and confer letter. Plaintiff scheduled an IDC fo...

Excerpt: ...s action against Defendants, Young Men's Christian Association of Glendale, Eric Perrodin, National Council of Young Men's Christian Associations of the United States of America, and YMCA of Glendale for damages arising out of wrongful death (premises liability), wrongful death (negligence), and survival claims. Plaintiffs allege their son, Abel Montes, Jr. died when he fell off Defendants' roof. 2. Motion for Summary Judgment a. Parties' Positio...

Excerpt: ...sagree concerning which party was at fault for the accident, with both claiming the other ran the red light. During deposition, Defendant testified that (a) she talked to the paramedic and physician at Monterey Park Hospital about the facts of the accident immediately after it occurred, and (b) she has a corrective lens prescription, but was not wearing glasses or contacts at the time of the accident. Plaintiff propounded deposition subpoenas for...

Excerpt: ...ion arising out of an accident with its insured, Demark Delaney. On 11/16/18, Plaintiff named T&T Crane and Truck, LLC as Doe 1. On 12/31/18, T&T filed an answer and cross-complaint; the cross-complaint is against Ramos and C.R. England. On 3/01/19, Ramos and C.R. England filed a cross-complaint against T&T. At this time, Ramos and C.R. England move for sanctions against T&T, contending it did not file its cross-complaint in good faith. They cont...

Excerpt: ...of an automobile accident. 2. Motion to Compel Deposition Plaintiff originally noticed Defendant, Maldonado's deposition for 8/12/19. On 8/09/19, Defense Counsel indicated Maldonado would not appear, and said she would contact Defendant that day to get availability. On 9/05/19, Plaintiff wrote to Defendant asking for dates. Defendant responded dates would be obtained. On 9/12/19, still not having dates, Plaintiff noticed Defendant's deposition fo...

Excerpt: ...ising out of incident that occurred when Plaintiff attempted to open the door of a freezer and the door came off its hinge, causing her to sustain injuries. On 9/20/19, the Court heard an IDC concerning Plaintiff's discovery propounded on Defendant. The Court expressed dismay that Defendant was not complying with its discovery obligations, and found that Defendant should provided supplemental responses to all discovery with two minor exceptions. ...

Excerpt: ...automobile accident. Plaintiff filed the action on 4/10/17. She filed proof of service of the summons, complaint, and related papers on each of the two defendants on 6/07/17. Each POS indicates a registered process server served the two defendants via substitute service on a John Doe co-occupant on 6/05/17, with the papers mailed the same day. Each POS includes the required declaration of diligence. On 8/16/17, William Anderson filed an answer to...

Excerpt: ...aintiff filed his complaint on 2/28/19 and Defendant filed an answer on 4/08/19. On 7/17/19, the Court granted a motion for trial setting preference; the case is set for trial on 11/14/19. 2. Expert Designations The parties simultaneously exchanged expert designations on 9/25/19. Defendant designated an accident reconstruction expert and a life care planning expert in its designation, but Plaintiff did not. Plaintiff, on 10/15/19, timely served a...

Excerpt: ...ntified as Ruben Lopez) for damages arising out of an automobile accident. 2. Motion for Sanctions At this time, Defendants move for sanctions against Plaintiff, contending Plaintiff's choice to have surgery prior to a scheduled IME violated court orders and constitutes spoliation of evidence. The following issues are presented by way of the motion:  Has Plaintiff violated any court order?  Did Plaintiff's pre-IME surgeries conduct constitu...

Excerpt: ...d before a summary judgment is made, and a party objects to a declaration from an undisclosed expert, the admissibility of the expert's opinion can and must be determined before the summary judgment motion is resolved.”) THE COURT HAS NOT REACHED A TENTATIVE DECISION AS TO THE RESULT IN THE EVENT THE OBJECTION TO THE AVRIT DECLARATION IS SUSTAINED. I. EVIDENCE This action arises from a slip and fall that occurred at Defendant's supermarket. An ...

Excerpt: ... Nuys for damages arising out of a slip and fall. Plaintiff's original complaint remains her operative complaint, and it includes causes of action for dangerous condition of public property and vicarious liability for wrongful acts or omissions by public entity employees. On 11/29/17, Plaintiff dismissed the County. On 1/19/18, Plaintiff added NF Plant Enterprises, L.P. as Doe 1. On 4/27/18, Plaintiff dismissed the City of LA. On 11/08/18, Plaint...

Excerpt: ...sing out of an automobile accident. At this time, Defendant moves for an order permitting him to conduct a mental health (neuropsychological) examination of Plaintiff. 2. Initial Notes As an initial note, on 6/12/18, the Court granted an order consolidating BC682495 with BC630861 for all purposes. When Defendant filed this motion, he filed it with case number BC682495. Pursuant to CRC 3.350(b), unless the court orders otherwise when granting the ...

Excerpt: ...aintiff's IMEs (2) to take place in San Clemente, both on the same day. San Clemente is within 75 miles of Plaintiff's residence, as required per Code. Plaintiff expressed difficulty attending the IMEs in San Clemente, and the parties agreed that they would be conducted at Defense Counsel's office in West LA instead. As a condition of the agreement, Plaintiff agreed to pay one of the expert's fees for traveling to the IME. Defense Counsel forward...

Excerpt: ...tained injuries after receiving facial injections administered by Defendants Zen Obagi and the Obagi Skin Health Institute. Defendants demurs to each cause of action on the basis that they fail to state facts sufficient to constitute a cause of action and that they are uncertain. Defendant seeks to strike the portions of the FAC relating to punitive damages and lost earnings. DEMURRER As a preliminary matter, the FAC is comprised of Judicial Coun...

Excerpt: ... or before 12/24/18. On 2/05/19, Defendant filed motions to compel, contending Plaintiff had not served responses to the outstanding discovery. The motions seek orders compelling responses without objections, and also seek imposition of sanctions. On 2/19/19, Plaintiff filed opposition to the motions. Plaintiff contends he served responses to the subject discovery on 1/08/19, such that the motions were improperly filed. Plaintiff also contends he...

Excerpt: ...9. Plaintiff timely designated experts on 1/21/19. Defendant, Spivek failed to do so. When Defense Counsel received Plaintiff's designation, he realized he had failed to designate an expert. He immediately (on 1/28/19) designated an expert, and served Plaintiff by mail and e-mail the same day; however, both the mailing address and the e-mail address were wrong. Defense Counsel realized the mistake, and forwarded the e-mail again on 2/04/19. At th...

Excerpt: ... out of an automobile accident. Plaintiff's complaint alleges each of the two defendants owned, operated, leased, and/or entrusted the vehicle involved in the collision with Plaintiff. The complaint includes causes of action for motor vehicle negligence, negligence, and negligent entrustment; the first two causes of action are alleged against both of the named defendants, and the third cause of action is alleged against Pearson, Sr. only. 2. Moti...

Excerpt: ...tion against Defendant, Temple City Unified School District for damages arising out of injuries sustained on Defendant's playground. Plaintiff suffered a concussion and had to have sutures as a result of the accident. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $5,000. If approved, $893.47 will be used for attorneys' fees, $2537 for medical expenses, and $1069.53 for cost...

Excerpt: ... to Plaintiff Canales, and OVERRULED as to Plaintiff Torres. Defendants' demurrer to the fifth cause of action is SUSTAINED without leave to amend as to Plaintiff Torres, and SUSTAINED with leave to amend as to Plaintiff Canales. Plaintiff Torres is given leave to amend her fourth cause of action for medical malpractice to seek emotional distress damages. I. Background Facts On December 21, 2016, Plaintiffs Anidia Torres and Leonardo Canales (“...

Excerpt: ...ut of an automobile v. motorcycle accident. Plaintiff propounded RPDs and form interrogatories on Defendant, and despite the parties' meet and confer efforts, including an informal discovery conference, the parties have been unable to resolve the issue of whether Defendant's responses to RPD 7 and form interrogatories 13.1 and 13.2 are sufficient. The form interrogatories and RPD at issue seek information about surveillance footage of Plaintiff c...

Excerpt: ...ny for damages arising out of exposure to legionella bacteria while visiting Disneyland Park. Plaintiff filed his complaint on 11/22/18. The complaint alleges that the injury occurred on Disney's property in Anaheim (¶8), but alleges venue is proper in Los Angeles because “Defendants reside in the County of Los Angeles.” (¶4). 2. Motion to Transfer Venue At this time, Defendants move to transfer venue to Orange County, contending the accide...

Excerpt: ...nt 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 outside the pleading that are judicially noticeable. (Blank v. Kirwan...

Excerpt: ...eceived. On October 12, 2018, Defendant Nicholson filed the instant motion for summary judgment. Plaintiff filed its opposition on November 29, 2018 and Defendant Nicholson replied on February 14, 2019. Discussion Defendant Nicholson moves for summary judgment on the grounds that Plaintiff's claims are barred by the statute of limitations. This was pled as her third affirmative defense. (Nicholson Answer, ¶3.) Specifically, that Plaintiff knew a...

Excerpt: ...ve categories of information: (1) Plaintiff Taylor's involvement in the parties' contract; (2) Defendant's alleged breach of contract; and (3) Plaintiff Taylor's alleged damages. As to Plaintiff Garcia, the motion is continued to May 2, 2019 at 8:30 am in Department 94. Defendant is to file and serve a revised separate statement at least 16 court days before the new hearing date. Legal Standard “The court may impose a terminating sanction by on...

Excerpt: ...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 outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought...

Excerpt: ...rd-party Century National Insurance Co. (“Century”) and another Deposition Subpoena on third-party State Farm General Insurance Co. (“State Farm”). (Motion, Exhs. 1- 2.) Plaintiff contends that the requested documents in the Subpoenas are overbroad and its production would invade upon his right of privacy and, as a result, filed a Motion to Quash Subpoena or, in the Alternative, for a Protective Order re: Subpoena for Business Records and...

Excerpt: ...Objection Filed in Support of the Reply <00520051005c0003003000 00480046004f00440055[ation filed in support of the Opposition to the Motion to Withdraw. (See 12/10/18 Reply, Objection.) Given that the Court is granting the Motion to Withdraw, it need not rule on the objection. III. Discussion A. Motion to Withdraw or Amend Deemed Admissions (CCP § 2033.300) “The court may permit withdrawal or amendment of an admission only if it determines tha...

Excerpt: ...nt”) in the total sum of $9,805.28. (See Exh. D.) On October 24, 2018, Petitioner filed a Petition to Confirm Arbitration Award (the “Petition”). The Court notes that Petitioner should have filed the Petition using Form ADR- 106 and need not file a Memorandum of Points and Authorities as it has done here. II. Legal Standard “If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same f...

Excerpt: ...ational Credit Acceptance, Inc. (“Plaintiff “) and against Defendant Albert Karayan (“Defendant”); on August 3, 2016, the judgment was renewed. On February 21, 2012, an Assignment of Judgment was filed naming Sacor Financial, Inc. as the Judgment Assignee. On November 16, 2018, Judgment Assignee filed a Motion for Assignment Order (the “Motion”). Judgment Assignee seeks an order assigning Defendant's interest in fees, commission, tips...

Excerpt: ...y. (CCP § 430.41(a).) The Court is satisfied with Cross-Defendant's counsel's meet-and-confer effort. (See 2/7/19 Mendola Decl.) Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. 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 de...

Excerpt: ...l Levy (“Levy.”) (collectively, “Defendants”). On December 27, 2018, Plaintiffs brought a Motion for Default Judgment. II. Legal Standard “The court may impose a terminating sanction by one of the following orders: 1. An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. 2. An order staying further proceedings by that party until an order for discovery is obeyed. 3. A...

Excerpt: ...ntiff”) initially filed a petition to compel arbitration on April 9, 2018 in the Contra Costa Superior Court—there was no ruling on the petition. The case was later transferred to this Court and the Complaint was deemed filed on September 26, 2018, a new date. After the transfer, Plaintiff filed a Motion to Compel Arbitration (the “Motion”) in this Court, seeking to compel Defendant Shao Bin Zhang (“Defendant”) to submit to arbitratio...

Excerpt: ...any attorney on his behalf) may object to the questions at the debtor's examination, and Judgment Creditor may, after the examination is over, file a motion seeking to compel answers to any specific questions it wishes to, based upon the transcript of the examination, and a question by question analysis. The Court will then rule on each objection accordingly. 2) Fink is ordered to produce responsive documents to Document Requests numbers 12, and ...

Excerpt: ...ntiff Lobel Financial Corp. in the total sum of $8,778.12 against Defendant Arion Jowell Marie West (“Defendant”). On October 3, 2018, Defendant filed a motion to vacate the default judgment, which was deemed void by the court clerk for failure to pay a filing fee. Later, Defendant's fee waiver was granted. Defendant then filed another Motion to Vacate the Default Judgment (the “Motion”) on January 23, 2019. II. Service “Unless otherwis...

Excerpt: ... 17, 2014. On January 30, 2019, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”) under CCP § 473(d) for lack of personal jurisdiction. Defendant contends that the substituted service of the Summons on her was improper and, therefore, the default and default judgment are void. II. Legal Standard “Notice and an opportunity to be heard must precede deprivations of life, liberty or property.” (Albrecht v. Superi...

Excerpt: ...7 of the US Bankruptcy Code. An “automatic stay” arises when a petition is filed under any chapter of the Bankruptcy Code. (11 U.S.C. § 362.) Accordingly, the instant action is stayed. The court sets a CMC re Status of Bankruptcy Proceeding for April 17. 2019.at 8:30 am in Department 94. Discussion <000300390044004f004f00 000b00b30033004f0044>intiff”) filed this breach-of- contract action against Defendants Michael's Cajun Seafood, LLC and...

Excerpt: ...a KMFG Industries Collision Center (“KMFG”) and Kenny Alcala aka Kenny Angel Alcala (“Alcala”) (collectively, “Defendants”). The court entered judgment based on the sister-state judgment against Defendants on the same date. Plaintiff filed a proof of personal service of the notice of entry on July 21, 2016. Defendants filed the instant motion to vacate default and judgment on January 25, 2018. At the initial hearing on March 13, 2018,...

Excerpt: ...ing Defendants' failure to file responsive pleadings, the court entered their defaults on December 4, 2018. Defendants filed the instant motion to set aside the entry of default on January 22, 2019. To date, no opposition has been filed. Defendants move for relief under Code of Civil Procedure section 473.5, which states in relevant part: a. When service of a summons has not resulted in actual notice to a party in time to defend the action and a ...

Excerpt: ...18, Plaintiffs filed a motion for reconsideration of the dismissal. At the hearing on October 22, 2018, the court granted Plaintiff's motion for reconsideration and vacated the August 13, 2018 dismissal. Plaintiffs now bring a motion to reclassify the action to a court of unlimited jurisdiction. Defendant filed her opposition on February 13, 2019. Legal Standard CCP section 403.040 allows a plaintiff to file a motion for reclassification of an ac...

Excerpt: ...rpose 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 outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under...

Excerpt: ...(“Morad”) on May 25, 2018. On November 21, 2018, Morad filed the instant Motion to Vacate Default (the “Motion”) under the mandatory provision of CCP § 473(b). The motion initially came for hearing on January 15, 2019, at which time it was continued to February 21, 2019. No additional briefing has been filed, except that on January 18, 2019, Plaintiff filed a notice of non- opposition. II. Legal Standard “Notwithstanding any other requ...

Excerpt: ...e 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 outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP...

Excerpt: ...ailing party is entitled to recover costs, including attorneys' fees, as a matter of right. (See CCP § 1032(a)(4).) Civ. Code § 1717 states in pertinent part: “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on ...

Excerpt: ...cond Amended Complaint. The City filed its Answer to the Second Amended Complaint on June 15, 2018. On August 15, 2018, the McClures filed their Second Amended Cross-Complaint against the City for indemnity and contribution. The City filed the instant motion for summary judgment as to Plaintiff's Second Amended Complaint, and the McClure's Second Amended Cross-Complaint on December 6, 2018. Plaintiff and the McClures filed their oppositions on Fe...

Excerpt: ...t, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman...

Excerpt: ... Defendants' failure to file a responsive pleading, the court entered their default on September 19, 2018. Defendants filed the instant motion to set aside the entry of default on October 29, 2018. The motion initially came for hearing on December 6, 2018, at which time the court ordered Defendants to file affidavits of fault attesting to their party's mistake, inadvertence, surprise or neglect. Defendants were also ordered to file a copy of thei...

Excerpt: ...rer to and a Motion to Strike the Complaint, contending that the Plaintiff's claim is barred by claim preclusion. II. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in good faith with the responding party. (CCP §§ 430.41(a), § 435.5(a).) The Court is satisfied with Defendant's meet-and-confer effort. (See Demurrer, Arakawa Decl. ¶¶ 3-6.) III. Legal Standard “A demurrer tests the legal su...

Excerpt: ...is reasonably accessible to disabled Plaintiff Scott Jones (“Plaintiff”). (See 12/17/18 Minute Order; Compl.) The Court, therefore, awarded $4,000 in damages, plus attorney's fees per noticed motion and costs per memorandum of costs. (See 12/17/18 Minute Order.) Plaintiff filed a Memorandum of Costs on December 20, 2018 and a Motion for Attorney's Fees on January 4, 2019. II. Legal Standard “Whoever denies, aids or incites a denial, or make...

Excerpt: ...Fix Post-Judgment Attorney's Fees is GRANTED. Defendants are awarded $207,029.735 in attorney's fees and $9,386.54 in costs. I. Plaintiff's Request for Judicial Notice and Objections A. Plaintiff's Request for Judicial Notice “Judicial notice may not be taken of any matter unless authorized or required by law.” (Evid. Code § 450.) Evid. Code §§ 451 and 452 list matters that are subject to judicial notice. Plaintiff requests that the Court ...

Excerpt: ...tion for motor negligence. Brown leased a 2014 Jeep Grand Cherokee (the “Jeep”) from Avis and was allegedly negligent in operating the Jeep and, as a result, injured Plaintiffs on January 25, 2016. (UMF Nos. 2-3, 6.) On September 4, 2018, Avis filed a Motion for Summary Judgment or, in the Alternative, Summary Adjudication (the “Motion”). Avis contends that the Graves Amendment (49 U.S.C. § 30106) shields it from any liability arising fr...

Excerpt: ...ith the responding party. (CCP § 430.41(a).) The Court is satisfied with Defendant's meet-and-confer effort. (See Demurrer, Williams Decl. ¶¶ 3-4.) III. Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) “The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a def...

Excerpt: ... negligence against Defendant Hovlus Transportation, Inc. (“Defendant”). Default was entered against Defendant on September 20, 2017, and a default judgment was entered against it on June 27, 2018. On January 7, 2019, Plaintiff filed a Motion to Add Additional Judgment Debtor; Defendant has opposed the motion and Plaintiff has replied. On January 9, 2019, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion to Vacate...

Excerpt: ...tisfy CCP section 1290.4 and that it could not be determined whether Petitioner <0011001700110003000300 00480055000300560058>bsequently took the hearing off calendar before re-noticing a hearing for December 11, 2018. On December 11, 2018, the Court continued the hearing to February 19, 2019. A. Service of Petition and Notice of Hearing (CCP § 1290.4) CCP § 1290.4 states in pertinent part: “(a) A copy of the petition and a written notice of t...

Excerpt: ...(d).) “It may be set aside on motion of the aggrieved party under section [473(d)] or independent of that section.” (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 43.) Defendant states in her motion that the Court entered default against Defendant on September 20, 1995, February 10, 2005, and February 6, 2015, on the same dates a judgment was entered against the Defendants. Defendant is incorrect. On September 20, 1995, the Court en...

Excerpt: ...t recusal. Any party who contends that disqualification or recusal is required must file a verified statement of disqualification for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. *** Defendant and Cross Complainant High Ten Partners, Inc. dba Coldwell Banker George Realty's Motion for Attorney's Fees isGRANTED. The Court awards reasonable attorney's...

Excerpt: ...f contract; (2) common counts; (3) fraud; (4) fraud; (5) negligence; and (6) intentional tort. On March 7, 2018, the Court overruled Defendant's demurrer to the first and second causes of action and sustained the demurrer to the third, fourth, fifth, and sixth causes of action with leave to amend. The Court also deemed the motion to strike moot. On June 5, 2018, Plaintiff filed a First Amended Complaint (“FAC”). On November 26, 2018, Defendan...

Excerpt: ...ified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) If there is a possibility that ...

Excerpt: ...ional Marketing, Inc. (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Danny R. Cordova and Brenda M. Colotta (“Respondents”). Respondents filed an Answer on October 25, 2018. Discussion Petitioners bring the instant Petition pursuant to the Federal Arbitration Act, set forth at 9 U.S.C. section 1, et seq., as required by the parties' arbitration agreement. (Pet., ¶10 and Exh. A, ¶18(e).) The p...

Excerpt: ...“Petitioner”) filed a Petition to Confirm Arbitration Award against Respondents Dan Perri and Nancy Wall (“Respondents”). To date, no opposition has been filed. Discussion A. Filing Requirements (CCP § 1285.4) CCP § 1285.4 states: “A petition under this chapter shall: a. Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. b. Set forth the nam...

Excerpt: ...on is sustained without leave to amend for failure to allege facts sufficient to state a cause of action. - The demurrer to the negligence and conversion causes of action for uncertainty is overruled. - The motion to strike is granted with 20 days' leave to amend. Legal Standard Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing ...

Excerpt: ...tion against Defendant Dimas Rubio (“Defendant”) on July 30, 2010. After Defendant failed to file an Answer, the court entered default against him on October 4, 2010, and default judgment on February 16, 2011. On August 10, 2018, Defendant filed the instant Motion to Vacate Default and Default Judgment, and Motion to Quash Service of the Summons and Complaint. Plaintiff filed its opposition on September 7, 2018. Motion to Vacate Default and D...

Excerpt: ...er default on September 11, 2018, and default judgment on November 30, 2018. Defendant filed the instant motion to set aside the entry of default and default judgment on January 16, 2019. To date, no opposition has been filed. CCP § 473(b) Defendant moves to vacate the entry of default and default judgment pursuant to Code of Civil Procedure section 473, subdivision (b), which requires that an application for relief must be made no more than six...

Excerpt: ...th respect to costs incurred in judicial proceedings to enforce the arbitration award. Background Plaintiff Rosa Henriquez (“Plaintiff Henriquez”) and Juan Sandoval (“minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Edgar Pineda (“Defendant”) on January 11, 2017. Following binding arbitration, Defendant filed the instant motion to correct the arbitration award on December 4, 2018. Plaintiffs fi...

Excerpt: ...t for failure to demonstrate that the contents of the reports, which are hearsay, are not reasonably subject to dispute. (See Kramer v. Barnes (1963) 212 Cal.App.2d 440, 446.) Discussion On May 18, 2017, Plaintiffs Juan Centeno Torres and Blanca Gonzalez filed the instant action for motor vehicle negligence against Defendants EZ Rent A Car, LLC (“EZ”) and Armonee Ricketts. Defendant EZ filed the instant motion for summary judgment on November...

Excerpt: ...y another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (Code Civ. Proc., § 128.5, subd. (a).) “Frivolous” means conduct that is either “totally and completely without merit” or “for the sole purpose of harassing an opposing party.” (Code Civ. Proc., § 128.5, subd. (b)(2); Marriage of Flaherty (1982) 31 C3d 637, 649-650.) The statute also provides a p...

Excerpt: ...dgment Debtor Jonathan Michael Thornberry II (“Judgment Debtor”) on October 9, 2009. On September 19, 2011, the court entered default judgment against Judgment Debtor. To date, the balance due on the judgment, including accrued interest is $24,810.86. (Motion, Horn Decl., ¶4.) On November 1, 2018, Judgment Creditor filed the instant motion for an assignment order and restraining order. To date, no opposition has been filed. Legal Standard Co...

Excerpt: ... that party. 4 An order rendering a judgment by default against that party.” (CCP § 2023.030(d).) “‘California discovery law authorizes a range of penalties for conduct amounting to ‘misuse of the discovery process,'' including terminating sanctions. [Citation.]” (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390.) Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying...

Excerpt: ...4 .260) provides: “Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.” (CCP § 695.010(a).) Moreover, CCP § 695.020(a) states that “[c]ommunity property is subject to enforcement of a money judgment as provided in the Family Code.” An earnings withholding order may not be issued against the earnings of the spouse of a judgment debtor except by court order upon noticed m...

Excerpt: ...ts should not have prescribed Plaintiff the medication Baclofen, which caused him to suffer an adverse reaction. (Compl., ¶13.) Plaintiff filed the instant motion for leave to amend the Complaint on January 8, 2019. Plaintiff moves for leave to amend the Complaint on the grounds that he has obtained new information regarding the parties responsible for his injuries and damages. To date, no opposition has been filed. Leave to amend is permitted u...

Excerpt: ...ement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (CCP § 439(a), italic added.) “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not ...

Excerpt: ...2018. Plaintiff filed the instant motion to compel both Defendants' further responses to Form Interrogatories, Set One, and Requests for Admission, Set One, on January 16, 2019. To date, no opposition has been filed. Plaintiff filed a reply on February 4, 2019. Plaintiff's motion is defective in numerous respects. The motion seeks to compel further discovery responses to interrogatories and requests for admission. However, no legal authority is c...

Excerpt: ...2018. Plaintiff filed the instant motion to compel both Defendants' further responses to Form Interrogatories, Set One, and Requests for Admission, Set One, on January 16, 2019. To date, no opposition has been filed. Plaintiff filed a reply on February 4, 2019. Plaintiff's motion is defective in numerous respects. The motion seeks to compel further discovery responses to interrogatories and requests for admission. However, no legal authority is c...

Excerpt: ...ntly and severally, ordered to pay Plaintiff sanctions of $1,506.50 within 30 days. Legal Standard CCP section 2030.300 provides that “[o]n receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that . . . “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Notice of the motion must be given within 45 days of s...

Excerpt: ...iff”) filed a Complaint for (1) breach of contract; (2) fraud; and (3) fraud against Defendants Helen Xu, Wenmei Yu and David Gao (“Defendants”) on April 28, 2017. The first cause of breach of contract was alleged against Defendant Xu. The second cause of action for fraud was alleged against Defendant Yu. The third cause of action for fraud was alleged against Defendant Gao. On June 14, 2017, Plaintiff filed a “First Amendment to the Thir...

Excerpt: ...is sustained as to the entire pleading without leave to amend. Defendants' Motion to Strike is accordingly placed off calendar as moot. Background On February 16, 2017, Plaintiff Simaalsadat Masajedian (“Plaintiff”) filed the instant action as an unlimited civil case (LASC Case No. BC650919) against Defendants Los Angeles Community College District (“LACCD”), Nicole Albo-Lopez, Leslee Koritzke, Laurence B. Frank, Eric C. Kim, Maricruz Vel...

Excerpt: ... Failure to comply with the court's order may result in the Petition being placed off calendar, or denied. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource <0003000300b30032005100 004c0057004c00520051[ to confirm an award is filed, the superior court must select one of only four courses of action: i...

Excerpt: ... for dismissal did not comply with the strict requirements of Section 664.6 and declined to enter the parties' stipulation as judgment for lack of jurisdiction. (See 12/6/18 Minute Order.) On December 21, 2018, Plaintiff filed a Motion to Vacate Dismissal (the “Motion”) under the mandatory provision of CCP § 473(b). II. Legal Standard “Notwithstanding any other requirements of this section, the court shall, whenever an application for reli...

Excerpt: ...on December 18, 2018. On January 3, 2019, Defendant Wyatt filed the instant motion to quash. To date, no opposition has been filed. Trial is set for June 18, 2019. Discussion “A motion to quash service of summons lies on the ground that the court lacks personal . . . jurisdiction over the moving party.” (Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th <00560003004c0056000300 00480056005600030045[y which a court acquires personal ju...