Excerpt: ...ling (the “Application'), seeking the sale of 1807 S. Wilton Place, Los Angeles, CA 90019 (the “Property”). On March 5, 2018, nonparty Lenox Financial Mortgage Corp. (“LFM”) filed a Motion for Leave to Intervene (the “Motion”). (1) Motion for Leave to Intervene Legal Standards CCP § 387(d)(1) states: “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if eitherof the following c...

Excerpt: ... “[a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things…”). Dulin, moreover, does not identify...

Excerpt: ...pondent”). On December 28, 2017, this Court issued an order (“December 28, 2017 Order”) granting Plaintiff's requested permanent injunction and finding that Plaintiff was the prevailing party and was entitled to attorney's fees and costs pursuant to CCP § 798.85. On January 31, 2018, Petitioner filed a Memorandum of Costs and Motion for Award of <00130014001b0003003000 004700480055000f0003[the Court instructed Petitioner to present further...

Excerpt: ...ny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) Counsel declares that it is seeking relieved because of a breakdown in attorney-client relationship with Plaintiff and Plaintiff's breach of their fee agreement. (Form MC-052 No. 2.) The Court is satisfied with Counsel's reason for seeking relief as counsel. An application to be relieve...

Excerpt: ...on of any “reasonable rule or regulation.” A hearing must be held 15 days after filing of the petition. (See id., § 798.88(d).) At that time, the court “shall” issue the injunction if it finds by clear and convincing evidence that existence of a continuing or recurring “reasonable” R&R violation. (See id.) The duration of the injunction may not exceed three years. (See id.) Discussion Petitioner Mobile Modular Development, Inc. (“P...

Excerpt: ...smissed without prejudice on June 9, 2015. The June 9, 2015 judgment provided that the Court retained jurisdiction to enforce the terms of the settlement agreement pursuant to CCP section 664.6. On December 27, 2016, Plaintiff filed a motion to vacate dismissal, enforce settlement and enter judgment. On March 20, 2017, the Court continued the hearing to May 24, 2017, ordering Plaintiff to pay Defendant's first appearance fee of $370.00 and provid...

Excerpt: ...nia legislature has authorized a special motion to strike that may be filed in lawsuits that seek to “chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (Code Civ. Proc., § 425.16(a).) Code of Civil Procedure section 425.16, subdivision (b)(1), provides: A cause of action against a person arising from any act of that person in furtherance of the person's right of petition o...

Excerpt: ...Johnson (“Plaintiff”) pursuant to CCP section 581(f)(2); this provision states that “[t]he court may dismiss the complaint as to that defendant when: Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moved for dismissal.” Defendants contend that CCP section 581(f)(2) is applicable in the context of a mo...

Excerpt: ...t is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electron...

Excerpt: ...smissed without prejudice on June 9, 2015. The June 9, 2015 judgment provided that the Court retained jurisdiction to enforce the terms of the settlement agreement pursuant to CCP section 664.6. On December 27, 2016, Plaintiff filed a motion to vacate dismissal, enforce settlement and enter judgment. On March 20, 2017, the Court continued the hearing to May 24, 2017, ordering Plaintiff to pay Defendant's first appearance fee of $370.00 and provid...

Excerpt: ...n award on November 3, 2017. On February 15, 2018, the Court continued the hearing, ordering Petitioner to demonstrate service of the petition and notice of the continued hearing date on Respondent. Petitioner filed a notice of continuance on March 19, 2018, attaching the petition and arbitration award. Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vaca...

Excerpt: ...t to judicial notice. Judicial notice is proper under Evidence Code section 452, subdivision (d)(2), of the records of “any court of record of the United States or of any state of the United States.” Plaintiff requests that the Court take judicial notice of Exhibit 1, Master Declaration of Covenants, Conditions and Restrictions of Maricopa Meadows recorded in the Pinal County, Arizona Recorder's Office on March 19, 2004 as Instrument No. 2004...

Excerpt: ...ound This action arises from a motor vehicle accident and a dispute regarding the denial of insurance coverage for the subject accident. Plaintiff Beatrice Gonzalez alleges she was in an accident on January 3, 2017, and that she subsequently sought coverage for the accident through her automobile insurance policy, issued by Defendant Century National Insurance Company (“Century”). However, on February 15, 2017, Defendant Pro General Insurance...

Excerpt: ... is to allow the parties time to prepare their opposition and replies and to prepare for the hearing." (Lackner v. North<005500570003004b004400 560003005100520003> discretion to shorten the notice period because it relates to due process for the non-moving party. (McMahon v. Superior Court<0055000f00030051005200 57004c004600480003> must begin anew and must be for the full 75 days. (Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1267-1268.) In...

Excerpt: ...tified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal....

Excerpt: ...o meet-and-confer with the nonresponsive party; nor must they demonstrate “good cause” for production of documents. These motions may be brought at any time. (Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consults. (2007) 148 Cal.App.4th 390, 404.) Further, where there has been no timely response to a request for admission under CCP § 2033.010, the propounding party may move for an order that the genuineness of any documents and the...

Excerpt: ...y the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” 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 Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, “parties” under section 664.6 means the litigan...

Excerpt: ...nce Association (“Plaintiff”) filed this action against Defendant Afshin Talebli (“Defendant”). On July 13, 2016, the Court entered a Judgment Order pursuant to the parties' Settlement Agreement and this action was dismissed, with the Court retaining jurisdiction under CCP § 664.6. On February 9, 2018, Plaintiff filed a Motion to Vacate Dismissal, Reinstate Case, and Enter Judgment Pursuant to Stipulation. Pursuant to the Settlement Agre...

Excerpt: ...sonal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) When a defendant moves to quash service of the summons and complaint, the plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to an effective service.” (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868.) Discussion Because the burden of proving valid service is on Plaintiff, Pla...

Excerpt: ...he Complaint. When Plaintiff did not appear at the June 3, 2016 trial date, the court dismissed the action without prejudice. Plaintiff initially moved to set aside the dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in failing to appear at trial. Alternatively, Plaintiff moves under the court's equitable authority. At the hearing on November 9, 2017, the court determined that it was satisfied Plaintif...

Excerpt: ... in in the entrance. Defendant Rushynski was landlord of the subject property and Defendant Rayataliabady was the tenant. On June 3, 2016 default was entered against both Defendants. Plaintiff and Defendant Rushynski stipulated to set aside the default. Defendant Rushynski was dismissed from the case on July 26, 2017. On September 28, 2017, default judgment was entered against Defendant Rayataliabady. On January 18, 2018, Defendant Rayataliabady ...

Excerpt: ...lve the objections to be raised in the demurrer.” CCP § 430.41(a). The parties are to meet and confer at least five days before the date the responsive pleading is due. CCP § 430.41(a)(2). Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. CCP § 430.41(a)(3). Analysis Defendant has filed a Declaration demonstrating compliance with the meet and confer requirement under CCP section 430.4...

Excerpt: ...to an indemnity agreement with USFC Inc. dba US Floor Covering (“USFC”) wherein ACIC agreed to provide the necessary bond for USFC, Inc. to obtain a contractor's license. Defendant/Cross-Complainant Mohammad Hedayati (“Cross-Complainant”) signed the indemnity agreement on behalf of USFC and as an individual. ACIC alleges that it incurred damages as a result of paying a bond claim. ACIC alleges Cross-Complainant has failed to indemnify and...

Excerpt: ...counsel's address of record is “1605 W. Olympic Blvd., Ste. 1024, Los Angeles, CA 90015.” The Olympic address is also the address where the subject discovery was served, and where the November 28, 2017 and January 5, 2018 meet and confer letters were sent. Defendant's counsel does not provide the court with any information as to why the motions were served to the South Vermont address instead, rather, counsel attests only that on February 5, ...

Excerpt: ...ney K. Kamlager, Mike Fong, Mike Eng, Andra Hoffman, Ernest H. Moreno, Nancy Pearlman, Michael J. Farrell (“Farrell”), and Thelma Day (“Day”) (collectively, “Defendants”). The complaint alleges at length the ways in which LACC did not provide the learning experience Plaintiff expected, for example by requiring Plaintiff to sit a room with no teacher for an entire semester on the promise of earning 0.5 credits, that they did not proper...

Excerpt: ...nsumer's personal records must “be accompanied by a declaration showing a reasonable and good faith attempt at informal resolution of the dispute between the party requesting the personal records and the consumer or the consumer's attorney.” Here, Defendant's counsel avers that after receiving “no written or formal response,” she sent a letter to the Custodian of Records for El Monte Injury Center requesting production of the document...

Excerpt: ...il 12, 2018, no opposition or reply has been filed. Factual Background Defendant is a public entity. (UMF No. 1.) On December 8, 2015, Plaintiff slipped and fell at Defendant's operated and controlled mental health clinic located at 240 East 20 th Street, Long Beach, California (the “Clinic”). (Id. Nos. 2-4.) Plaintiff used a set of stairs to go up to the second floor of the Clinic, then used the same stairs to exit. (Id. Nos. 8, 10.) As Plai...

Excerpt: ....) The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” (Id. at 6:639 (emphasis added).) “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only ‘where no prejudice ...

Excerpt: ...s for Failure to Obtain Default Judgment Hearing (the “OSC Hearing”). On March 21, 2018, Hsu filed a Motion to Vacate Dismissal (the “Motion”). Legal Standard “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief s...

Excerpt: ...the disbursement hearing and to file proof of service of the same within 30 days from the date of this Order. Motion to Discharge Before being sued by one or multiple claimants, a stakeholder may seize the initiative by bringing an action for interpleader compelling the claimants to interplead and litigate their claims to money or property held by the stake holder. (CCP § 386(b).) The plaintiff stakeholder must allege in the “complaint in inte...

Excerpt: ...evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Id., rule 3.1113(b).) CRC rule 3.1114 provides the following: (a) Memorandum not required Civil motions, applications, and petitions filed on Judicial Council forms that do not require a memorandum include the following: (1) Application for appointment of guardian ad litem in a civil case; (2) Application for an ...

Excerpt: ...and requested the Court to retain jurisdiction of this matter under CCP § 664.6. On January 9, 2017, the Court dismissed this action without prejudice under CCP § 664.6. On March 6, 2018, Plaintiff filed a Motion to Vacate Dismissal and Enforce Settlement Agreement and Enter Judgment (the “Motion”). As of April 11, 2018, no opposition or reply has been filed. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipulate, ...

Excerpt: ...20 Firtree Ct., Carson, CA 90746. (Opposition, Exh. A [Proof of Service of Summons].) On November 18, <0047004400510057001100 005100570055005c0003[of Default, Nov. 18, 2015.) On December 1, 2015, the Court entered a default judgment against Defendant. (Default Judgment, Dec. 1, 2015.) On December 21, 2017, Defendant filed a motion to set aside the default judgment. Legal Standard Under CCP § 473(d), the court “may, on motion of either party af...

Excerpt: ...t, and compels them to appear in court. (Mannesmann DeMag, Ltd. v. Superior Court<005100570003004c005600 00520003[ duty to respond in any way to a defectively served summons. (Kappel v. Barlett (1988) 200 Cal.App.3d 1457, 1466; Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) It makes no difference that defendant had actual knowledge of the action, as such knowledge does not dispense with the statutory requirements for service of summons...

Excerpt: ...provided by statute.” (§ 583.360, subd. (b).) The purpose of the five-year dismissal statute is to prevent the prosecution of stale claims where defendants could be prejudiced by loss of evidence and diminished memories of witnesses. (Lewis v. Superior Court (1985) 175 Cal.App.3d 366, 375, 220 Cal.Rptr. 594.) The statute also protects defendants from the annoyance of having unmeritorious claims against them unresolved for unreasonable periods ...

Excerpt: ...raw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) Counsel declares that it is seeking relieved because Defendant moved back to China and has not been responsive to any of Counsel's communications. (Form MC-052 No. 2.) The Court is satisfied with Counsel's reason for seeking relief as counsel. An application to be relieved as counsel must be made on Judici...

Excerpt: ...tions in the amount of $935.00. On November 13, 2017, Defendant filed motions to compel responses to form interrogatories and requests for production of documents. On December 13, 2017, the Court granted Defendant's motions to compel responses and ordered Plaintiff to pay sanctions in the amount of $820.00. On February 7, 2018, Defendant filed the instant motion. No opposition has been filed. Legal Standard Where a party willfully disobeys a disc...

Excerpt: ...ant filed a Motion for Summary Judgment or, in the Alternative, for Summary Adjudication (the “Motion”). On February 23, 2018, Plaintiff filed an opposition. On April 10, 2018, Defendant filed a reply. Factual Background Plaintiff was diagnosed with “[m]oderate to severe sensorineural loss of cochlear origin” by the Hearing Aid Services of Hollywood Incorporated in 2013, the effect of which caused him to not hear certain people's voices. ...

Excerpt: ...he discovery request. (Zomalt Decl., ¶ 2.) On July 10, 2017, the Court deemed Plaintiff's requests for admissions admitted. On October 17, 2017, Defendant filed a motion for relief from the deemed requests for admissions pursuant to CCP § 473(b). Legal Standard CCP § 2033.300(b) states: “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable ...

Excerpt: ...bstituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (CCP § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) Counsel declares that it is seeking relieved because of a breakdown in atto...

Excerpt: ... § 1283.6. On September 24, 2016, an arbitrator awarded Petitioner Geico General Insurance Co. (“Petitioner”) a sum of $10,770.96 (the “Arbitration Award”) against Respondent Fox Rent A Car, Inc. (“Respondent”). The arbitration arose from an Automobile Subrogation Arbitration Agreement (the “Arbitration Agreement”) between Petitioner and Respondent. (See Attach. 4(B).) On December 8, 2017, Petitioner filed a Petition to Confirm A...

Excerpt: ...and requests for production, and deeming the requests for admissions served on Defendant be admitted. (CCP §§ 2030.290; <00530055004c0044005700 00260026003300030044>nd have been properly noticed. The request for sanctions is granted in the amount of $1,740.00, based on five hours of attorney time billed at $300 per hour, and filing fees of $180. (See Motion, Lu Decl., ¶ 6.) Defendant is ordered to provide verified responses, without objection,...

Excerpt: ... 59, 67.) “Section 704.740 is part of the homestead laws. ‘Homestead laws are designed to protect the sanctity of the family home against a loss caused by a forced sale by creditors .... The homestead exemption ensures that insolvent debtors and their families are not rendered homeless by virtue of an involuntary sale of the residential property they occupy. Thus, the homestead law is not <004700480056004c004a005100480047000300570052000300530...

Excerpt: .... Later complaints, including the operative third amended complaint, also named Andre Rogatko and Silke Rogatko, the sellers of the property, as defendants. However, on February 26, 2018, Plaintiff dismissed the Silke Defendants from the suit with prejudice. Accordingly, Simon Gleyzer and Nonna Gleyzer are again the sole defendants. Following multiple successful demurrers, Plaintiff filed the operative third amended complaint on January 25, 2018....

Excerpt: ...ndants for forcible entry and detainer. Request for Judicial Notice Defendant's request for judicial notice of Exhibit A is DENIED. The purported declaration of Plaintiff does not include a court stamp or any other indicator that it is a record of a court per Evid. Code § 452(d). Defendant's request for judicial notice of Exhibit B is GRANTED per Evid. Code § 452(d). Judgment on the Pleadings Legal Standard It is well established in California ...

Excerpt: ...auses of action for (1) breach of contract and (2) common counts. On January 17, 2018, Plaintiff filed a Motion for Summary Judgment, or in the Alternative, for Summary Adjudication (the “Motion”). As of April 9, 2018, no opposition or reply has been filed. Factual Background Plaintiff alleges that it is a surety company. (Compl. ¶ 1.) On or around March 21, 2008, Plaintiff and Defendant allegedly executed a Bond Application and Indemnity Ag...

Excerpt: ...48004f>y. On December 13, 2017, Plaintiff filed a first amended complaint. Defendants filed the instant motion on March 19, 2018. Legal Standard Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (CRC Rule 3.1332(c).) The Court may look to the following fa...

Excerpt: ...§ 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result...

Excerpt: ...e arbitration award.” Per CCP § 1285.4, “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 names of the arbitrator; and (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” Per CCP § 1286, “If a petition or response under this chapter...

Excerpt: ... is a currently pending family law action (BD522537) in which the property of decedent Charles Edward Durning remains in dispute. Petitioner Douglas Durning, decedent's son, initially attempted to substitute in to his father's place in the family law action, as his father's successor-in-interest. The family court denied the request, and ordered Petitioner to be appointed his father's successor-in-interest in probate court. Petitioner thereafter i...

Excerpt: ... Lowd Daniels and Bleaker Daniels (collectively, “Defendants” or the “Daniels”). On May 24, 2017, default was entered against Mrs. Daniels; and on June 7, 2017, default was entered against Mr. Daniels. On January 23, 2018, this Court granted Defendants' Motion to Set Aside their default. On January 26, 2018, Cross‐Complainants the Daniels filed a First Amended Cross‐Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Constru...

Excerpt: ...t continued the Motion so that Defendant may perfect proper service of the moving papers. On March 15, 2018, Defendant filed a Proof of Service, but it is defective for three reasons. A. Service by Nonparty CCP § 1013a(1) states that “[p]roof of service by mail may be made by one of the following methods: An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address...

Excerpt: ...n is local or transitory, the court looks to the main relief sought. Where the main relief sought is personal, the action is transitory. Where the main relief relates to rights in real property, the action is local. (Id. at 481, n.5.) Venue of transitory actions against corporations is governed by section CCP section 395.5. That section provides, ‘A corporation or association may be sued in the county [1] where the contract is made or [2] is to...

Excerpt: ...intiff a Notice of Voiding Filing for failure to pay the filing fee for the Complaint under Gov. Code § 68634(g)—the Complaint was voided as a result. On March 21, 2018, Plaintiff filed a Declaration of Jacob O. Partiyelo, seeking to set aside the voided Complaint. On April 5, 2018, Plaintiff filed a Motion to Vacate Dismissal. As of April 10, 2018, no opposition or reply has been filed. Filing Requirements CCP § 1005(b) states in pertinent p...

Excerpt: ...bruary 21, 2018, Plaintiff filed a Motion to Vacate Dismissal (the “Motion”). On March 16, 2018, Defendant filed an opposition. On March 26, 2018, Plaintiff filed a reply. Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorne...

Excerpt: ...laint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, oc...

Excerpt: ... presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce ...

Excerpt: ...ing the agreement. On September 6, 2016, this Court granted Summary Judgment in its entirety as against the Defendant and awarded ACIC $32,385.41. On February 2, 2017, this Court granted Plaintiff' s Motion to be Deemed the Prevailing Party and granted ACIC an award of attorney's fees in the amount of $12,952.10, and costs in the amount of $1,241.90 against the Defendants. Defendants appealed this Courts order on the Motion for Summary Judgment. ...

Excerpt: ...lly brought suit against Defendants Anthony Llamas, the operator of a motor vehicle, and Juanita Llamas, the owner of a motor vehicle, alleging they were responsible for causing damage to Plaintiff's insured. Suit was initially filed in the Long Beach district of the Los Angeles Superior Court, and was given the case number 12C03221. Defaults were entered against both Defendants on November 05, 2012. Default judgment was entered against both Defe...

Excerpt: ...r foreclosure of the lien within 90 days after recordation of the lien. Id. at ¶¶ 8--10. Plaintiff Jason May is a general contractor and is the managing partner of IGBI, a limited liability corporation. May signed the complaint. Compl. at p. 5. DISCUSSION I. Motions to Strike CCP § 92(d) provides, “motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint” in li...

Excerpt: ... Plaintiff now seeks repossession of the containers that were subject to the breached rental agreement. Standard If personal property sought to be levied upon is in a private place of a judgment debtor, then the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the levying officer to seize the property in the private place. (CCP § 699.030(b).) The a...

Excerpt: ... the Alternative, for Summary Adjudication (the “Motion”). On February 7, 2018, Plaintiff filed a reply. At the initial hearing on this Motion on February 15, 2018, the Court noted that Defendant attempted to file his opposition papers with the Court, but the Court was not in possession of any opposition papers. Consequently, the Court continued the hearing so Defendant may file his opposition papers. On February 27, 2018, Defendant filed his...

Excerpt: ...ponses to discovery requests. (Code Civ. Proc., §§ 2030.290; 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve a timely response to the discovery request waives any objection to the request, including one based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290(a), 2031.300(a); Sinaiko Healthcare Consulting, Inc., su...

Excerpt: ...“Motion”). As of April 5, 2018, no opposition or reply has been filed. Discussion On October 30, 2017, Plaintiff served Defendant Request for Admissions. (Pleasant Decl. p. 1, Exh. A.) To date, Plaintiff has not received any discovery response from Defendant. (Id. p. 2.) In opposition, Defendant's counsel contends that Defendant has not been cooperative and refused to respond to Plaintiff's Request for Admissions. (Oppo. p. 2.) Defendant's re...

Excerpt: ...ruction and dba Wolf Concrete and Framing (collectively, “Defendants”). On February 28, 2018, Plaintiff filed a Motion to Deem the Truth of Matters Specified in Request for Admissions, to Compel Responses to First Set of Form Interrogatories, and to Request for Sanctions (the “Motion”). On March 21, 2018, Defendants filed an opposition. As of April 5, 2018, no reply has been filed. Additional Filing Fee of Motion As an initial matter, the...

Excerpt: ...Admitted. As of April 5, 2018, no opposition or reply has been filed. Plaintiff's Counsel's Notice of Unavailability The Court notes that on March 5, 2018, Plaintiff's Counsel James B. Copelan filed a Notice of Unavailability of Counsel (the “Notice of Unavailability”), citing to Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299. Carl v. Superior Court (2007) 157 Cal.App.4th 73 is instructive on the Notice of Unavailability. ...

Excerpt: ...arose from a dispute over Bond No. 04-WB055712 (the “Bond”) in the penal sum of $12,500, which was issued by Plaintiff effective on or about October 17, 2014. (Compl. ¶ 8.) Pursuant to the Application and Indemnity Agreement, GGC and Gulli agreed to indemnify Plaintiff in exchange for the issuance of the Bond. (Id. ¶ 7.) On May 8, 2017, Plaintiff filed a Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and for Attorney's Fees...

Excerpt: ...as taken under submission. On October 30, 2017, the Court ruled on the submitted matter, awarding and entering judgment in favor of Plaintiff. Plaintiff filed the instant motion on November 13, 2017. No opposition has been filed. Legal Standard A prevailing party in entitled to recover costs, including attorneys' fees, as a matter of right. (See Code Civ. Proc., §§ 1032(a)(4), 1032(b), 1033.5.) In a breach of contract action, attorneys' fees sh...

Excerpt: ...has been omitted from the FAC.) Plaintiffs allege they became aware from neighbors that bed bugs had been found on the premises, that they thereafter repeatedly requested Defendants come and fumigate their apartment to prevent the infestation from spreading, and that Defendants ignored their requests. Plaintiffs' apartment was subsequently infested with bed bugs, and Plaintiffs were injured thereby. Plaintiffs accordingly brought suit for (1) Neg...

Excerpt: ...ht more than 6 months after the entry of default and must be made within a “reasonable time.” Discussion Defendant moves to vacate the default judgment pursuant to CCP sections 473(b) on the grounds that his failure to answer the Complaint was the result of mistake, surprise, inadvertence, excusable neglect and/or fraud. Timely Filed The outside time limit for seeking relief under § 473(b) is 6 months. This limit is jurisdictional in the sen...

Excerpt: ... “Motion”). Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his o...

Excerpt: ... to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) Counsel declares that it is seeking relieved because Plaintiff has stopped communicating with her despite her numerous attempts to contact Plaintiff. (Form MC-052 No. 2.) The Court is satisfied with Counsel's reason for seeking relief as counsel. An application to be relieved as counsel must be ma...

Excerpt: ... the alter ego of her company, Judgment Debtor Blueyed Pictures, Inc., and therefore seeks to add Natella to the judgment. Plaintiff argues it has evidence that Natella, the sole owner of Judgment Debtor, has long used the company funds for herself. LEGAL STANDARD Pursuant to CCP § 187, a trial court has jurisdiction to modify a judgment to add additional judgment debtors. Section 187 grants to every court the power to use all means to carry its...

Excerpt: ...is the alter ego of her company, Judgment Debtor Blueyed Pictures, Inc., and therefore seeks to add Natella to the judgment. Plaintiff argues it has evidence that Natella, the sole owner of Judgment Debtor, has long used the company funds for herself. LEGAL STANDARD Pursuant to CCP § 187, a trial court has jurisdiction to modify a judgment to add additional judgment debtors. Section 187 grants to every court the power to use all means to carry i...

Excerpt: ...18, the Court granted Plaintiff's motion to amend judgment to add Blueyed Pictures International, the successor corporation of Blueyed Pictures, Inc., as a judgment debtor. Plaintiff now moves to add Jamee Natella, the sole owner and shareholder of both Blueyed Pictures, Inc., and Blueyed Pictures International as a judgment debtor. LEGAL STANDARD Pursuant to CCP § 187, a trial court has jurisdiction to modify a judgment to add additional judgme...

Excerpt: ...aintenance, special, capital improvement, reimbursement, and other assessments for the property they own, known as Unit 6, which was subject to covenants and conditions at the time they purchased the property. Plaintiff alleges that the subject property is encumbered by a mortgage in favor of Plaintiff, and it prays that the Court order foreclosure of the property based on Defendants' failure to pay. Plaintiff moves for judgment on the pleadings ...

Excerpt: ...the regular maintenance, special, capital improvement, reimbursement, and other assessments for the property they own, known as Unit 13, which was subject to covenants and conditions at the time they purchased the property. Plaintiff alleges that the subject property is encumbered by a mortgage in favor of Plaintiff, and it prays that the Court order foreclosure of the property based on Defendants' failure to pay. Plaintiff moves for judgment on ...

Excerpt: ...ction. On February 7, 2018, Plaintiff filed a Motion to Vacate Dismissal (the “Motion”). Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or...

Excerpt: ... First Amended Complaint (“FAC”). On February 7, 2018, Defendant filed the instant demurrer to FAC. No opposition has been filed. Discussion The Court finds Defendant has satisfied the meet and confer requirements pursuant to CCP section 430.41. Uncertainty Defendant demurs to the FAC for uncertainty. However, such demurrers are not permitted in a limited jurisdiction court. (See Code Civ. Proc., § 92(c).) First Cause of Action for Negligenc...

Excerpt: ...action as to Harvey and Victor only and the other dismissing this entire action. On February 14, 2018, Plaintiff filed a Motion to Vacate Dismissal (the “Motion”). Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's ...

Excerpt: ... pertinent part: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a defa...

Excerpt: ...nd Does 1 to 25 for general negligence and motor vehicle negligence. On January 6, 2017, Plaintiff filed amendments to complaint, substituting in Lee Edward Sander for Doe 1 and VIP Tours of California, Inc. for Doe 2. On January 10, 2017, dismissal was entered as to LACMTA. Plaintiff filed the instant motion on February 5, 2018. Defendants filed an opposition on March 19, 2018. Legal Standard CCP § 403.040 allows a plaintiff to file a motion fo...

Excerpt: ...or a haircut on October 5, 2016, and Defendant discriminated against her by charging $40.00 for a haircut because she was a woman, while men were charged $35.00. Plaintiff alleges causes of action for violation of the Gender Tax Repeal Act of 1995 and unfair business practices. Defendant moves the Court for an order compelling responses to its Form Interrogatories, Set One, and Requests for Production of Documents, Set One. Plaintiff's responses ...

Excerpt: ...des Pelayo (“Pelayo”) (collectively, “Plaintiffs”) filed this action against Defendant David Lopez (“Defendant”). On January 29, 2018, Defendant filed Motions to Compel Plaintiffs' Responses to Demands for Production and Inspection of Documents and Form Interrogatories; and to Request for Sanctions (collectively, the “Motions”). As of March 27, 2018, no opposition or reply has been filed. Discussion On August 21, 2017, Defendant s...

Excerpt: ...t one, (“RPDs”) and Requests for Admissions, set one, (“RFAs”). (Decl. Byrge ¶ 5; Exh. C.) On December 21, 2017, Plaintiff served responses to Defendant's RPDs and RFAs. (Decl. Byrge ¶ 9.) Plaintiff's counsel and Defense counsel were unable to resolve the discovery issues through meet and confer. (Decl. Byrge ¶ 10; Exh. F.) Defense counsel granted Plaintiff's counsel an extension to file motions to compel further responses until Februa...

Excerpt: ...tuted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (CCP § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) Counsel declares that it is seeking relieved because Plaintiffs have stopped co...

Excerpt: ...Kay Goddard (“Defendant”). On February 15, 2018, Plaintiff filed a Motion to Compel Deposition of Defendant's Expert Witness (the “Motion”). On February 23, 2018, Defendant filed an opposition. As of March 7, 2018, no reply has been filed. Legal Standard CCP § 94 set the limitations for discovery in limited jurisdiction courts. CCP § 94(b) limits one oral or written deposition by one party as to each adverse party, but “a deposition o...

Excerpt: ...mplaint.” This amended complaint alleged that certain school procedures are “fake” and that she filed this action within the time limit provided by the Government Claims Act. On December 19, 2017, the Court granted Defendants' motion for judgment on the pleadings, allowing Plaintiff twenty days leave to amend to state causes of action with facts demonstrating delayed discovery. On January 2, 2018, Plaintiff filed an amended complaint, erron...

Excerpt: ...n the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a).) A declaration regarding meet and confer efforts must be filed with the motion for judgment on the pleadings. (Seeid., § 439(a)(3).) Plaintiff has failed to file a declaration demonstrating satisfaction of meet and confer efforts pursuant to CCP section 439. Plaintiff is ordered to meet and confer with Defendant and file a declaration regarding such efforts directly in D...

Excerpt: ...tive, for Summary Adjudication (the “Motion”). At the hearing on this Motion on November 30, 2017, the Court continued the Motion pursuant to Defendant's request to allow Defendant to file <0003000300240056000300 00030018000f00030015>018, however, Defendant has not filed his opposition. Factual Background Plaintiff alleges that it is surety company. (Compl., ¶ 1.) On or around February 12, 2011, Plaintiff and Defendant allegedly executed a B...

Excerpt: ...August 30, 2017. On November 1, 2017, this matter was taken off-calendar due to Petitioner's failure to demonstrate that the petition or notice of hearing was served on Respondent Brian Lee. On January 16, 2018, Petitioner filed an Amended Memorandum of Costs and a Supplemental Memorandum of Law to support its request for (a) interest and (b) costs in connection with the re-scheduled hearing on the petition. On the same day, Petitioner filed a No...

Excerpt: ...ts. The motion was timely filed and the parties attempted to meet and confer between January 9, 2018 and January 29, 2018. (See Dell Decl., ¶ 3, Exs. 1-3.) Plaintiff also properly filed a separate statement. Form Interrogatory No. 150.4 Form Interrogatory No. 150.4 requested that Plaintiff “[i]dentify all DOCUMENTS that are part of each modification to the agreement, and for each state the name[,] ADDRESS, and telephone number of the PERSON wh...

Excerpt: ...au, Inc. (“Plaintiff”) filed this breach-of-contract action against Defendant Island Evision, LLC dba Elite Adventure Tours (“Defendant”). On November 30, 2017, Plaintiff filed a Motion to Conduct Additional Discovery or, in the Alternative, to Remove this Action from the Discovery Limitations of the Economic Litigation Rules (the “Motion”). On January 30, 2018, Defendant filed an opposition; on February 27, 2018, Plaintiff filed a re...

Excerpt: ...Plaintiff dismissed this action with prejudice. No judgment was enteredpursuant to the settlement agreement before the dismissal. On February 1, 2018, Plaintiff filed a Motion to Enforce Settlement and Enter Judgment. As of March 7, 2018, no opposition or reply has been filed. Legal Standard CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before t...

Excerpt: ... leave to amend. Plaintiff's counsel declares that he filed an amended complaint after the November 16, 2017 ruling. (Wolcott Decl. ¶ 2.) On December 1, 2017, this Court dismissed without prejudice this entire action for failure to file proof of service of the amended complaint. On February 14, 2018, Plaintiff filed a Motion to Set Aside the Dismissal (the “Motion”), arguing that the dismissal was a result of his counsel's mistake, inadverte...

Excerpt: ...cuted and signed a settlement to resolve this action. (See Motion, Exh. 2.) On April 5, 2016, Plaintiff dismissed this action without prejudice. No judgment was entered pursuant to the settlement agreement before the dismissal. On December 5, 2017, Plaintiff filed a Motion to Set Aside Dismissal and/or to Enforce Settlement Pursuant to Stipulation. As of March 5, 2018, no opposition or reply has been filed. Legal Standard CCP § 664.6 provides: �...

Excerpt: ...ise occurs when a Defendant is unexpectedly placed in a position to his injury without any negligence of his own. Excusable neglect is a basis for relief when the Defendant has shown some reasonable excuse for the default. Credit Managers Association of California v. National Independent Business Alliance (1984) 162 Cal.App.3d <0044004f00110024005300 000f0003001c00130018>. Discussion Background On July 6, 2017, the Court dismissed this action aft...

Excerpt: ...ed, only one filing fee was paid. Defendant is ordered to pay two additional filing fees and bring proof of payment to court on the day of hearing. If the additional fees are not paid, this motion will be continued so that payment may be made. On April 17, 2017, Defendant served its Request for Production of Documents, Form Interrogatories, and Special Interrogatories on Plaintiff. (Schneider Decl. ¶ 2, Exhs. A, B, C.) Plaintiff has failed to se...

Excerpt: ...ner in April 2012. Default judgment was entered against Defendant on May 6, 2016 in the amount of $14,276.51. Plaintiff now alleges that Defendant transferred real property into the Kook Solomon S & Myoung S Trust aka Solomon S and Myoung Kook Trust, of which he is trustee. Plaintiff moves to amend the judgment to name Defendant in his capacity as trustee. The instant motion came on for hearing on November 27, 2017. On that date, the Court held t...

Excerpt: ...urrer to the First Amended Complaint (“FAC”) for lack of standing. On January 17, 2018, after having taken the matter under submission, the Court sustained Costco's Demurrer to the Second Amended Complaint (“SAC”) without leave to amend. On January 30, 2018, Costco filed the instant Motion for Attorney's Fees. On February 02, 2018, Plaintiff filed the instant Motion for Reconsideration, arguing it should have been granted leave to amend. ...