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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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...