Excerpt: ...the price of those jeans. Defendant Moris Sakhai dba A Trip to New York moves for judgment on the pleadings on the grounds that the six causes of action in the complaint fail to state facts sufficient to constitute a cause of action upon which relief can be granted because A Trip to New York is a fictitious business name and not a legal entity. Plaintiff opposes the motion on the grounds that Mr. Sakhai is the owner of A Trip to New York, A Trip ...

Excerpt: ...wer of Jose Gerardo Dominguez Herrera to Unverified Complaint filed in Emilio Lopez Perez v. Sylvia Barajas on January 26, 2016. 4. Cross-Complaint filed by Jose Gerardo Dominguez Herrera against Sylvia Barajas in Emilio Lopez Perez v. Sylvia Barajas on January 26, 2016. 5. First-Amended Cross-Complaint filed by Jose Gerardo Dominguez Herrera against Sylvia Barajas in Emilio Lopez Perez v. Sylvia Barajas on August 15, 2016. 6. Answer to Cross-Com...

Excerpt: ...er the establishment because its entrance was blocked by a step, violating state and federal law. The matter went to trial in this department on January 26, 2018, and the Court entered judgment in favor of Plaintiff in the amount of $4,000.00. Plaintiff moves the Court for an award of attorney's fees on the grounds that he is the prevailing party in this action, the fees are authorized by Civil Code section 52, and the fees incurred are reasonabl...

Excerpt: ...Reiko Posner Miller (“Defendant”). Default was entered against Defendant on July 20, 2017; and default judgment was entered against Defendant on September 12, 2017. On January 11, 2018, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”). On February 28, 2018, Plaintiff filed an opposition; and on March 12, 2018, Defendant filed a reply. Legal Standard “The court may, upon any terms as may be just, relieve a p...

Excerpt: ...ogation action against Defendants Imalay Joana Flores (“Flores”) and Cecilia Gonzalez (“Gonzalez”) (collectively, “Defendants”). The Proofs of Service filed on May <0056005800450056005700 004800550059004c0046[e. <0048005000450048005500 00110003000300270048[fault judgment was entered against Defendants on August 7,2017. On February 9, 2018, Defendants filed, in pro per, a Motion to Vacate Default (the “Motion”). On March 7, 2018, P...

Excerpt: ...fter reasonable diligence, Carwell was served with the summons and complaint by substituted service on July 17, 2016. Default was entered against Carwell on March 9, 2017; and default judgment was entered against Carwell on April 19, 2017. On December 20, 2017, Defendant filed, in pro per, a Motion to Set Aside Default Judgment (the “Motion”). On March 7, 2018, Plaintiff filed an opposition. As of March 13, 2018, no reply has been filed. Disc...

Excerpt: ...endant Okyere. Plaintiff alleges that Defendants repaid only a portion of the sum owed and have left a balance due in the sum of $14,323.00 on one agreement and $6,118.00 on another agreement, totaling $20,441.00. Plaintiff moves the Court to enter judgment in favor of Plaintiff in the sum of $22,472.05 against Defendants based upon the default of the defendants of the terms of the written settlement agreement entered into between the parties. Th...

Excerpt: ...ntiffs have been uncooperative with Counsel and disagree with each other about how to proceed in this case, leading to a breakdown in their attorney-client relationships. (Forms MC-052 No. 2.) 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 and after notice from one to the other. (CCP § 284(b).) California Rules of Professional Co...

Excerpt: ... Item No. 10.) On February 9, 2018, Defendants filed a Demurrer to the Complaint. On March 5, 2018, Plaintiff filed an opposition. On March 12, 2018, Defendants filed a reply. Meet and Confer Pursuant to CCP § 430.41(a), “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether...

Excerpt: ...y judgment against Plaintiff's Complaint. Plaintiff did not oppose the motion. On June 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 i...

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: ...(“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: ...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: ...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: ... 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: ...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: ...), 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: .... 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: ...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: ... 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: ...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...