Excerpt: ...Casino's demurrer is SUSTAINED in part, OVERRULED in part: - Defendant's demurrer is OVERRULED as to the seventh and eighth causes of action. - Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the ninth cause of action. Secure Stone's demurrer is SUSTAINED in part, OVERRULED in part: - Defendant's demurrer is OVERRULED as to the seventh cause of action. - Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the ninth cau...

Excerpt: ...xposure to the sun.” (Third Am. Compl. ¶ 12.) Plaintiff alleges causes of action for breach of contract, negligent misrepresentation, concealment, and declaratory relief. Plaintiff moves the Court to reconsider its December 14, 2017 order awarding discovery sanctions to Defendants because “the Court was informed as to Plaintiff's attempts to reset his deposition.” Plaintiff argues that he made several attempts to obtain new dates for his d...

Excerpt: ...The server attempted to serve Defendant at 2023 Coldwater Canyon, Beverly Hills, California 90210 four different times on July 8, 9, 10, and 11, 1998. (Id.) On July 11, 1998, the server left the Summons and Complaint with an adult female at the Coldwater Canyon address, and a copy of the Summons and Complaint was mailed to the Coldwater Canyon address on July 13, 1998. (Id., Exhs. 1-2.) Default and default judgment were entered against Defendant ...

Excerpt: ...s later put a stop on the check and Plaintiff has not been paid. (FAC p.4.) Plaintiff filed his first amended complaint on July 16, 2015, alleging (1) breach of contract; (2) mechanic's lien foreclosure; (3) check fraud; (4) breach of implied covenant of good faith and fair dealing. ANALYSIS Demurrer 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...

Excerpt: ...(“SAC”). Defendant filed a demurrer to SAC on November 3, 2017. On December 21, 2017, the demurrer to SAC was taken off calendar after the Court, on its own motion, ordered the SAC filed on August 15, 2017 stricken from the record. Defendant was granted thirty days to bring a demurrer or file an answer to the operative FAC. On February 15, 2018, Defendant filed the instant demurrer to FAC. No opposition has been filed. Discussion The Court fi...

Excerpt: ...a gazebo at his residence, and Plaintiff provided a $6,000 deposit toward the work. When Defendants failed to reply, Plaintiff canceled the contract, but Defendants refuse to return the $6,000 deposit. Jerrel Jerome Bailey subsequently filed a cross-complaint against Casa Palmero Homeowners Association, wherein Bailey alleges that cross-defendant restrict access to Plaintiff's residence. Plaintiff moves the Court for an award of attorney's fees o...

Excerpt: ...ation action against Defendant Billy Ray Wright (“Defendant”). In June 2017, the parties executed a Settlement Agreement to resolve this action. (Davtyan Decl. ¶ 4, Exh. <0051000300320055004700 00580044005100570003[to a Stipulation signed by the parties, to retain jurisdiction of this action under CCP § 664.6, this action was dismissed without prejudice. On November 30, 2017, Plaintiff filed a Motion for Judgment Pursuant to CCP § 664.6 (t...

Excerpt: ...iduals the user believes have wronged them in some manner. Plaintiff's complaint alleges that in 2014, an anonymous source (John Doe) falsely accused Plaintiff as a “scam artist fraud,” which allegedly constitutes defamation. Plaintiff alleges that defendant Xcentric has also republished that website “article.” Plaintiff seeks to obtain an order that the content posted on Ripoffreport.com is offensive and defamatory and ordering that the ...

Excerpt: ... dismissal should be set aside pursuant to CCP section 473(b) for attorney mistake, inadvertence, surprise, or excusable neglect. CCP section 473(b) provides that when an application for relief is made no more than six months after entry of dismissal and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, the court shall set aside a dismissal entered against the attorney's client, u...

Excerpt: ...efendant Costco Wholesale Corporation (“Costco”), which was sold and installed by Defendants Rowland Air, Inc. and its employees, Robert Avalos, Jeff Hanley, Jonathan Morales, and Javier Ramirez (collectively, “non-Costco Defendants”). Because of the purported improper installation of the HVAC and the property damages arising there from, Plaintiff paid the Youngs $24,421.22, under their insurance policy, and filed this subrogation action ...

Excerpt: .... No opposition has been filed. Legal Standard CCP section 706.109 allows the court to issue an order authorizing the withholding of the non- judgment debtor spouse's wages. (Code Civ. Proc., § 706.109.) CCP section 695.020 provides that “[c]ommunity property is subject to enforcement of a money judgment as provided for in the Family Code.” Family Code section 910(a) states that community estate interests are liable for the debts of either s...

Excerpt: ... 29, 2017, the Court granted Defendants' motion for summary judgment on the ground that Plaintiff's Complaint is barred by the one-year statute of limitations for legal malpractice, as set forth in CCP § 340.6(a). Defendants presented the following evidence in support of their motion: On or about August 25, 2011, Plaintiff retained Defendants to represent her in a personal injury action against the City of Los Angeles (“the City”). (UMF 2.) ...

Excerpt: ...on to Set Aside the Dismissal (the “Motion”). As of March 12, 2018, no opposition or reply has been filed. 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, inadvert...

Excerpt: ...), Shara Nazarian (“Nazarian”), LA Commercial Group, Inc. dba Continental Commercial Group (“LACG”), Ilin Magran (“Magran”), and Armen Manssourian (“Manssourian”). This action arose from a dispute over Bond No. 04- WB031350 (the “Bond”), issued by Plaintiff, with penal sum of $14,586 for the benefit of homeowner claimants and $7,086 for non-homeowner claimants. (Compl. ¶¶ 15-16; Motion, Pagan Decl. ¶ 2.) In exchange for the...

Excerpt: ...tion 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.) Here, Plaintiff fails to file any proof of service show...

Excerpt: ... discovery requests. (Id. ¶¶ 3-4.) Because Defendant has failed to respond to Plaintiff's discovery requests, the unopposed Motions are GRANTED. Pursuant to CCP § 2030.290, Defendant is ordered to serve verified responses, without objections, to Plaintiff's Form Interrogatories within twenty (20) days of the date of this Order. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff's Request for Admissions to Defendant is...

Excerpt: ...ict liability – ultra hazardous activity; and (5) premises liability. This action arose from a zip line incident that occurred on August 30, 2014, when Plaintiff was invited to a party at Nejat's property located at 2321 Castillian Drive, Los Angeles, California 90068 (the “Premises”). (Compl. ¶ 7.) At the party, a zip line was installed on the Premises for use and entertainment. (Id.) At 9:00 p.m., Plaintiff attempted to use the zip line,...

Excerpt: ...ts Yadmaa Gantumur and Luis Albert Jimenez. On March 7, 2016, a Stipulation was filed and entered as an order to consolidate the two cases (Case Nos. 15K02511 and 15K01947) with Case No. 15K01947 designated as the lead case. On February 7, 2018, Jimenez filed a (1) Motion for Determination of Good Faith Settlement with Plaintiff Mercury Insurance Co. and (2) Motion for Determination of Good Faith Settlement with Plaintiff Interinsurance Exchange ...

Excerpt: ... this action based on promissory estoppel against Defendants Los Angeles Community College District (“LACC”), Eric C. Kim (“Kim”), Bernadette Tchen (“Tchen”), Reneé D. Martine (“Martine”), Scott J. Svonkin, Sydney 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 way...

Excerpt: ...ages, but $0 in attorney's fees. Plaintiff appealed, arguing attorney's fees were mandatory pursuant to the Unruh Civil Rights Act. The Court of Appeal agreed, overturned the judgment insofar as it did not include attorney's fees, and remanded the matter to this Court with instructions to award a reasonable amount of attorney's fees. Plaintiff thereafter filed the instant motion for attorney's fees. Legal Standard An award of attorney's fees is m...

Excerpt: ...eved as Counsel (the “Motion”). Counsel declares that Plaintiff has been non-communicative with her despite her numerous attempts to reach out to Plaintiff. (Form MC-052 No. 2.) Thus, Counsel cannot effectively prosecute this action and is now seeking to be relieved as counsel. The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney an...

Excerpt: ... in Defendant's Requests for Admission to Plaintiff is hereby deemed admitted. Defendant's request for sanctions is DENIED. Discussion <0048005400580048005600 00550052004700580046>tion, Requests for Admission, and Special Interrogatories. (Le Decls. ¶ 2, Exhs. As.) Plaintiff has failed to serve any discovery responses to Defendant's discovery requests. (Id. ¶ 2.) Because Plaintiff has failed to respond to Defendant's discovery requests, the uno...

Excerpt: ...es, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568.) In Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588, the court held that, “[b]y simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court ‘transgresse[d] the confines of the applicable principles of law' . . ....

Excerpt: ...gment void on its face— meaning where the invalidity is ‘apparent upon an inspection of the judgment-roll', which includes the proof of service (CCP § 670(a))—may be set aside pursuant to section 473(d) at any time. (See Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Where a judgment is valid on its face, but is nevertheless deemed void after considering evidence beyond the judgment, the motion must be brought within the same...

Excerpt: ...a copy of the agreement to arbitrate; (b) the names of the arbitrators; and (c) a copy of the award and the written opinion of the arbitrators, if any. See CCP § 1285.4. Arbitration proceedings by voluntary acts of the parties are favored by courts and all that is necessary to support an award is substantial compliance with the applicable statute. Horn v. Gurewitz (1968) 261 Cal.App.2d 255, 261. “[W]here parties have agreed their dispute will ...

Excerpt: ...6 & 437.) A Motion to Strike can be used to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a Court rule or order of the Court under CCP § 436. Under CCP § 431.10(b), “irrelevant matter” includes: allegations not essential to the claim or defense; allegations neither pertinent to nor supported by an otherwise sufficie...

Excerpt: ...f CAL-SPV, Inc.'s (“CAL-SPV”) favor and against Defendant Geneva O. Mabry (“Mabry”) in the sum of $4,341.43 plus $350.49 in attorney's fees, $1,148.99 in interest, and $147 in costs. On August 18, 2011, CAL- SPV assigned its judgment to E-Tail Network, Inc. (“ETN”). On April 17, 2012, the judgment was renewed. On January 25, 2018, ETN filed an Application for Sale of Dwelling (the “Application”). Discussion A. CCP § 704.750(a) Re...

Excerpt: ...se, operate, and safeguard the premises. Defendants/Cross-Complainants Tyrone Perkins and Claire Vines thereafter filed a cross- complaint against Cross-Defendants Linda Biron and First Greenstone Holdings, Inc., the alleged owner of the property at issue in this dispute. Cross-Complainants allege Cross- Defendants verbally agreed to allow Cross-Complainants to move out of the property before the expiration of the two-year term specified in the r...

Excerpt: ...18, no opposition or reply has been filed. Legal Standard The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit and discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 9...

Excerpt: ...al negligence. On November 16, 2017, this Court granted Gonzalez's Motion to Deem Admitted Matters Contained Within First Set of Request for Admissions Admitted. On December 12, 2017, Gonzalez filed a Motion for Summary Judgment (the “Motion”). As of March 8, 2018, no opposition or reply has been filed. Judicial Notice “Judicial notice may not be taken of any matter unless authorized or required by law.” (Evid. Code § 450.) Matters that ...

Excerpt: ...fault judgment as follows:  In favor of Plaintiff against Defendants Golden Coolers, a business entity form unknown; Ramon F. Ibarra, an individual and doing business as Golden Coolers; and Jorge Alvarez, an individual and doing business as Golden Coolers;  In the sum of $12,8222.97 plus $729.8 in attorney's fees, $496.35 in interest, and $626.71 in costs; and the principal reflects treble damages of $1,500 under Civ. Code § 1719. On Decem...

Excerpt: ...ttorney and after notice from one to the other. (CCP § 284(b).) California Rules of Professional Conduct, 3-700(C) provides that counsel may request permission to withdraw where the client, inter alia, “renders it unreasonably difficult for the member to carry out the employment effectively” or “breaches an agreement or obligation to the member as to expenses or fees.” (CRPC 3-700(C)(1).) “The determination whether to grant or deny a m...

Excerpt: ...ries and document demands, without objections, within 20 days of Defendants' filing of proof that the additional filing fees have been paid. The court also deems the requests for admission admitted upon Defendants' filing of proof that the additional filing fees have been paid. The Court finds Plaintiff Zula Tucker Living Trust's failure to respond a misuse of the discovery process. (CCP § 2023.010(d).) Sanctions have been sufficiently noticed, ...

Excerpt: ...kamoto (collectively, “Defendants”) for alleged damages arising from an October 11, 2013 vehicle collision. On December 13, 2017, Plaintiff filed a Motion to Compel Plaintiff to Submit to Physical Examination (the “Motion”). As of March 8, 2018, no opposition or reply has been filed. Legal Standard CCP § 94 set the limitations for discovery in limited jurisdiction courts. CCP § 94(d) provides that one party may conduct “[p]hysical and...

Excerpt: ...gment void on its face— meaning where the invalidity is ‘apparent upon an inspection of the judgment-roll', which includes the proof of service (CCP § 670(a))—may be set aside pursuant to section 473(d) at any time. (See Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Where a judgment is valid on its face, but is nevertheless deemed void after considering evidence beyond the judgment, the motion must be brought within the same...

Excerpt: ... 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.) Merits 1. Defendants Phillip Lee, Paul Kim, David Lee, and Brian Lee[1] Personal service is authorized by CCP § 415.10: “A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be...

Excerpt: ...co”) (collectively, “Defendants”) for alleged damages arising from an October 17, 2013 vehicle collision. The Complaint asserts causes of action for (1) motor vehicle and (2) general negligence. The Complaint alleges that “Defendants . . . negligently, unlawfully, carelessly, drove, operated, leased, rented, maintained, controlled, entrusted their vehicle so as to cause said vehicle to collide with the electric wheelchair Plaintiff was ri...

Excerpt: ...count; and (4) Quantum Meruit. On January 23, 2018, Defendant Ira Leibowitz filed a demurrer to the SAC. On February 28, 2018, the Court ordered Plaintiff to arbitrate its dispute with Division Six Sports, Inc., only. The case was stayed as to Division Six Sports, Inc., only. 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 opposi...

Excerpt: ...ehicle”). In April 2016, Carson parked the Vehicle in a commercial truck parking area. Defendant/Cross-Complainant Teyamo, Inc. dba Southside Tow and Recovery (“Teyamo”) towed the Vehicle, causing damage to the vehicle in the amount of $14,993.20. Infinity filed the complaint on March 2, 2017 alleging negligence and subrogation of monies paid. Teyamo filed a cross-complaint on alleging that it entered into a written agreement with Infinity ...

Excerpt: .... On June 20, 2017, Defendant filed an Answer. Because Defendant failed to serve a verified response to Plaintiff's Request for Admissions, the Court granted Plaintiff's Motion to Deem the Admissions as admitted on December 18, 2017. On February 6, 2018, Plaintiff filed a Motion for Judgment on the Pleadings (the “Motion”) as to the Answer. On March 5, 2018, Defendant filed an opposition. As of March 7, 2018, Plaintiff filed a reply. Late-Fil...

Excerpt: ...�any party affected by the order may . . . make application to the same judge or court that made the order.” (CCP § 1008.) For this reason, the instant motion is CONTINUED to March 15, 2018, at 11:00 a.m. in Department 77, so that it may be heard before Judge Orozco. Clerk to give notice. ...

Excerpt: ... add Frederick Berger, Lisa Berger and Security Corp. as additional judgment debtors. In addition to finding that the motion was not served pursuant to CCP section 1005, the court determined that Plaintiff had not demonstrated the merits of her motion. Plaintiff sought to conduct an examination of Lisa Berger on June 23, 2014, however, the court found the application and order for appearance and examination were not properly served. The court con...

Excerpt: ...ts Olympic Coachcraft and Anna K. Hyun (collectively, “Defendants”). On February 8, 2018, Plaintiff filed a (1) Motion to Compel Written Discovery from Defendant Anna K. Hyun and Deem Matters in the Requests for Admission Admitted and (2) Motion to Compel Written Discovery from Defendant Olympic Coachcraft and Deem Matters in the Requests for Admission Admitted (the “Motions”). (Emphasis added.) As of March 5, 2018, no opposition or reply...

Excerpt: ... February 8, 2018, Plaintiff filed a Motion to Deem Admitted the Request for Admissions and to Request for Sanctions (the “Motion”). As of March 5, 2018, no opposition or reply has been filed. Discussion On November 28, 2017, Plaintiff served Defendant a Request for Admissions. (Tapper Decl. ¶ 2, Exh. A.) Defendant has failed to serve any discovery response to Plaintiff's Request for Admissions. Because Defendant has failed to respond to Pla...

Excerpt: ...ition to release the lien, the moving party must demand in writing that the claimant execute and record a release of the lien and set forth the grounds for that demand. (Civil Code § 8482 (see also § 8100).) The petition must be verified, attach a certified copy of the lien, and allege details regarding the subject property, the lien's recording, et al. as specified in Civil Code § 8484. The petition and notice of hearing must be served at lea...

Excerpt: ...endant. On July 16, 2017, default judgment was entered against Defendant. On December 7, 2017, Defendant filed, in pro per, a Motion to Set Aside Default and Default Judgment (the “Motion”). As of March 7, 2018, no opposition or reply has been filed. CCP § 1005(b) states in pertinent part: “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the ...

Excerpt: ...Plaintiff's supplemental brief is to be filed no later than April 6, 2018. On December 7, 2015, Plaintiff Santa Clarita Sienna Ridge Maintenance 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, 20...

Excerpt: ... 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 he is seeking relieved because of a breakdown in attorney-client relationship such he can no longer effectively represent Defendants. (Form MC-052 No. 2.) The Court is satisfied with Counsel's reasonsfor seeking relief as counsel. CRC 3.1362(d)(1) provides: “If the n...

Excerpt: ...e Case Summary in this matter so that it reflects the correct names set for on the Judgment, which was entered on March 18, 2008. CCP §473(a)(1) provides that “[t]he court may, in furtherance of justice, and on terms as may be proper, allow a party to amend any pleading of proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or mistake in any other respect.” Here, Plaintiff avers that...

Excerpt: ...med a corporation called Covenant Hospice & Palliative Care of California, Inc. (“Covenant Hospice”). Each of the four shareholders held 25% of the company and each was a member of the Board of Directors. Diaz's girlfriend, Defendant Donna Rowe, was an employee at the time of the events, but was not a shareholder or board member. Plaintiff alleges that Diaz brought Rowe to multiple board meetings, where she made threats, including using profa...

Excerpt: ...Cross-Defendant”) and Roes 1 to 100 for (1) indemnification and (2) apportionment of fault. On November 21, 2017, Cross- Defendant filed the instant demurrer to cross-complaint. Cross-Complainant filed an opposition on December 28, 2017. Cross-Defendant filed a reply on January 4, 2018. On January 11, 2018, the Court continued the hearing to March 1, 2018, finding Cross-Defendant had failed to file the requisite meet and confer declaration. Dis...

Excerpt: ...t has since failed to divide their father's personal possessions or return to Plaintiff her own personal property located at the real property. Plaintiff's complaint brings three causes of action: (1) claim and delivery; (2) conversion; and (3) declaratory and injunctive relief. On December 1, 2017, Defendant filed his demurrer to the complaint. On December 28, 2017, the Court heard the demurrer and issued the following ruling: On the Court's...

Excerpt: ...cordingly, on June 19, 2017, the Court granted Defendant's unopposed motion to release the mechanic's lien. On December 11, 2017, the Court signed a judgment in favor of Defendant. On January 25, 2018, Defendant filed the instant motion for attorney's fees. Legal Standard A prevailing party in entitled to recover costs, including attorneys' fees, as a matter of right. (See CCP § 1032(a)(4).) In a breach of contract action, attorneys' fees shall ...

Excerpt: ... proceed pursuant to a court order. In order to obtain such an order, the judgment creditor must first submit an application, under oath, containing all of the following information: (a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling and the person or persons who claimed any such exemption. (b) A statement, which may ...

Excerpt: ...ired to enter judgment in conformity with the award. Valsan Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4th 809, 818. The contents of a petition to confirm an arbitration award shall set forth the substance of or have attached a copy of the agreement to arbitrate, the names of the arbitrators, and shall set forth or have attached a copy of the award and the written opinion of the arbitrators. C.C.P. § 1285.4. Background ...

Excerpt: ...e Case Summary in this matter so that it reflects the correct names set for on the Judgment which was entered on April 24, 2009. CCP §473(a)(1) provides that “[t]he court may, in furtherance of justice, and on terms as may be proper, allow a party to amend any pleading of proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or mistake in any other respect.” Here, Plaintiff avers that ...

Excerpt: ...ove for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal. App. 3d 902, 905-...

Excerpt: ...djian (“Armine”) and Alec Kalandjian (“Alec”) were allegedly injured and suffered property damage due to the negligence of Defendants Gevork Danielian and Angela Abrahamian (“Defendants”), who were driving and/or owned the vehicle in question. Legal Standard Interrogatories Where there has been no timely response to interrogatories served under CCP § 2030.010, the propounding party may move for an order compelling responses and for a...

Excerpt: ...rved with a summons and complaint, the court lacks personal jurisdiction and a default judgment in such action is subject to being set aside as void. (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1441.) Defendant has presented sufficient factual evidence demonstrating that she was not validly served with the Summons and Complaint under CCP section 473(d). Defendant has filed a declaration stating that she never received actual no...

Excerpt: ...f either party after notice to the other party, set aside any void judgment or order.” If a defendant is not validly served with a summons and complaint, the court lacks personal jurisdiction and a default judgment in such action is subject to being set aside as void. (Dill v. Berquist Construction Co.(1994) 24 Cal.App.4th 1426, 1441.) Here, Defendant demonstrates that Plaintiff did not validly substitute serve her under CCP section 415.20 beca...

Excerpt: ...ff's counsel was informed by Plaintiff that Defendant had an active policy of insurance at the time of loss and should not have entered judgment against Defendant. Plaintiff requests to vacate the judgment as to Defendant, and dismiss the case as to Defendant. The Court heard Plaintiff's motion on June 20, 2017, and continued the matter to August 22, 2017, allowing Plaintiff to file supplemental briefing. The Court had noted that the legal author...

Excerpt: ...0057[ waited for Plaintiff to obtain default judgment. On August 16, 2017, there being no appearances at the OSC, the Court ordered the case dismissed. Legal Standard: CCP § 473(b) states, in part: 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, <004a000300470048004...

Excerpt: ...the fifteenth day before the date initially set for trial. (See Code Civ. Proc., § 2024.020(a).) The initial trial date was set for October 6, 2017. On June 27, 2017, the trial was continued to February 7, 2018 pursuant to the parties' stipulation. All discovery and motion completion dates were extended in accordance with the February 7, 2018 trial date. On February 7, 2018, the trial was continued to April 10, 2018, pursuant to the request of D...

Excerpt: ... action for negligence/premises liability. Legal Standard A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (CCP § 437c(c); Vesely v. Sager (1971) 5 Cal.3d 153.) The moving party must make an affirmative showing that he/she is entitled to judgment irrespective of whether or not the opposing party files an opposition. (Villa v. McFerren (1995) 35 Cal.App.4t...

Excerpt: ... Plaintiff holds free and clear title to the Property and an order should be issued to establish that fact in the public land records, effective as of the commencement of this lawsuit.” (Id., ¶ 15.) Little else is pled. The Court grants Defendant's Request for Judicial Notice (“RJN”) pursuant to Evidence Code § 452. Plaintiff's Opposition to the RJN is largely unintelligible and unavailing. For instance, Plaintiff states without further e...

Excerpt: ... the fourth cause of action for fraud, the fifth cause of action for intentional misrepresentation, and the sixth cause of action for negligent misrepresentation, the eighth cause of action for conversion, and the ninth causes of action for theft is SUSTAINED with leave to amend on the grounds that they are barred by the applicable statute of limitations. Defendant's demurrer as to the fourth cause of action for fraud, the fifth cause of action f...

Excerpt: ...his is an action for breach of contract arising out of a claim for indemnity for payment of a bond. Plaintiff American Contractors Indemnity Company (“ACIC”) entered into 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 ...

Excerpt: ... pursuant to a written Indemnity Agreement executed between the parties. On October 25, 2017, the Court granted Plaintiff's Motion for Summary Judgment against Defendant and awarded Plaintiff $18,176.71. (Minute Order 10/25/17.) Plaintiff now moves to be deemed the prevailing party and to be granted attorney's fees of $8,517.76, and costs in the amount of $1,194.89 pursuant to its Memorandum of Costs against Defendants. Legal Standard A prevailin...

Excerpt: ...me of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.” Pursuant to CCP § 473(d), “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Courts have inherent ...

Excerpt: ...eed to pay Petitioner for professional services rendered pursuant to the agreement. Respondent breached the agreement by failing and refusing to pay the balance due and owing in the amount of $23,308.95. Petitioner now moves to compel arbitration pursuant to the terms of the agreement. Petitioner argues that the Court should compel Respondent to arbitration in accordance with the parties' express agreement. Petitioner argues that there has been n...

Excerpt: ...ests for Admissions is hereby deemed admitted. Sanctions are awarded to Plaintiff in the amount of $1,880, payable by Defendant Saleh M. Akhoon within thirty (30) days from the date of this Order. Background On February 3, 2017, Plaintiff Meena Shahani (“Shahani” or (“Plaintiff”) filed this breach- of-contract action against Defendants Saleh M. Akhoon (“Akhoon”) and Fashion of Planet, Inc. (collectively, “Defendants”). On February...

Excerpt: ...nding the resolution of a criminal investigation involving Defendant, or for a protective order. Legal Standard Civil discovery may be stayed to await the outcome of a related criminal case where it might benefit the litigants and does not implicate constitutional issues. (Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885.) Courts are guided by the strong principle that any elapsed time other than that reasonably required for pleading...

Excerpt: ...on. State Farm moves the Court to enforce the settlement agreement entered into by the parties pursuant to CCP sections 664.6 and 1032. Legal Standard: Motion to Enforce Settlement Agreement and Enter Judgment 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 the court, for settlement of the case, or part thereof, the court, upon motion, may ...

Excerpt: ...he or she holds.) [Hancock Oil Co. v. Hopkins (1944) 24 C2d 497, 508; City of Morgan Hill v. Brown (1999) 71 CA4th 1114, 1122.] Once the stakeholder's right to interplead is established, and he or she deposits the money or personal property in court, he or she may be discharged from liability to any of the claimants. This enables the stakeholder to avoid multiplicity of actions, and the risk of inconsistent results if each of the claimants were t...

Excerpt: ...dant and Defendant's counsel are ordered to pay sanctions in the amount of $900.00 to Plaintiff within 20 days of the written notice of this order. Motion to Compel Responses to Form and Special Interrogatories Plaintiff Mario Flakes (“Plaintiff”) moves to compel responses to form and special interrogatories from Defendant. Plaintiff served the form and special interrogatories on September 15, 2017. (Mehrban Decl. ¶ 3.) Before preparing this...

Excerpt: ...ust 17, 2017. On that date, there being no appearances, the Court ordered the case dismissed. Legal Standard: CCP § 473(b) states, in part: 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, <004a000300470048004900 00480055004800470003[by the clerk against his or her c...

Excerpt: ...imited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (CCP § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but that are not grounds for a demurrer. (Pierson v Sharp Memorial Hospital (1989) 216 Cal.App.3d 340, 342; see also City & County of San Francisco v St...

Excerpt: ...cation of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; 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 h...

Excerpt: ...ce and declaratory relief. Legal Standard CCP section 428.10 states in relevant part: A party against whom a cause of action has been asserted in a complaint or cross- complaint may file a cross-complaint setting forth either or both of the following: <00030057004b0048000300 005a004b005200030049[iled the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an act...

Excerpt: ...ranting Defendants' separate Motions to Strike under CCP § 425.16 (anti-SLAPP statute), the Court entered judgment in favor of Defendants on July 15, 2015. On August 7, 2015, Plaintiff filed a Notice of Appeal. On October 19, 2017, the court clerk entered a Remittitur from the Court of Appeals affirming the judgment. On November 16, 2017, Citibank filed a motion for award of attorney's fees on appeal, requesting $11,055. The Court granted the mo...

Excerpt: ...��Villanueva”); and Alliance United Insurance Company, Inc. (“Alliance Insurance”) for (1) motor vehicle negligence; (2) general negligence; (3) fraud; and (4) intentional tort. On November 17, 2017, Defendants Padilla, Villanueva, and Alliance Insurance filed a demurrer to complaint and motion to strike. On December 19, 2017, the Court sustained the demurrers to the first, second, and third causes of action with leave to amend, and sustain...

Excerpt: ...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 Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. C.C.P. § 435(b)(1); Cal. Rules of Court, Rule 3....

Excerpt: ...quest is GRANTED pursuant to Evid. Code §§451 and 452. Overview of Relevant Law 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 demurrer, all facts pleaded in the complaint are assumed to be tr...

Excerpt: ...the instant action on February 5, 2016. Plaintiff alleges generally that he sought to obtain refinancing for certain property from Defendant PennyMac Loan Services, LLC, but was mistreated due to his age. On August 1, 2016, the Court sustained the demurrer to complaint in its entirety, granting leave to amend only as to the cause of action for age discrimination under the Fair Housing Act (“FHA”). Plaintiff filed a First Amended Complaint (�...

Excerpt: ...he contacted Defendant Lee to fix the issues. (Id. ¶ 8.) Plaintiff alleges that each time she requested maintenance, Defendant would delay or not make repairs. (Id. ¶ 9.) After multiple incidents of leakage of toilets, irrigation systems and sinks, Plaintiff claims she discovered mold and fungus. (Id. ¶ 18.) Plaintiff alleges her daughter experienced coughing and chest pain due to the fungus. (Id. ¶ 19.) Plaintiff filed suit against Defendant...

Excerpt: ...September 9. Defendant filed an answer on October 3, 2017. Plaintiff filed a case management statement on May 16, 2017. Request for Judicial Notice Defendant requests judicial notice of (A) the Court's docket in this matter; (B) proof of service of the Complaint; (C) excerpt from June 15, 2006 report by the Administrative Office of the Courts to the Judicial Council regarding the Reorganization of the California Rules of Court; (D) California Rul...