Excerpt: ...of the Central Civil West Courthouse and now in complex litigation Department 14 of the Spring Street Courthouse – considered the Notice of Related Case that had been filed on March 7, 2018 in complex litigation case BC512269 by Defendant Weber Distribution LLC dba Weber Logistics (and previously on December 2, 2016 in unlimited jurisdiction case BC642612 by that case's Plaintiffs Michele Valencia, et al.), and declined to relate those two case...

Excerpt: ...ded to court clerk notices of rejection – which, respectively, requested copies of the memorandum of costs after judgment, acknowledgement of credit, and declaration of accrued interest (March 2, 2017 rejection); a copy of counsel's change of address and of the judgment (April 19, 2017 rejection); and a copy of the 2007 renewal (November 13, 2017 rejection). Yet thereafter, on January 18, 2018 another rejection issued, citing failure to submit ...

Excerpt: ...place of corporate residence is the proper place of trial absent a plaintiff carrying the burden of proof to show an applicable exception. Defendant notes that this case is not one required to be filed in the Central District (e.g., not a personal injury, limited jurisdiction, or probate case), and because the contract of employment was not to be performed in the Central District and the employer does not reside or do business in the Central Dist...

Excerpt: ...istrict. The court found that the optional filing requirements of LASC Local Rule 2.3(a)(1)(B) allowed the real property case to proceed in the Central District and therefore Defendants had failed to show this was an improper district, and found that the moving parties had failed to sufficiently evidence that a transfer was appropriate for the convenience of witnesses and the interest of justice. On June 15, 2018 a second motion to transfer was f...

Excerpt: ...C413487 Judge Deirdre Hill in Department 49 of the Stanley Mosk Courthouse considered an unspecified Notice of Related Case – presumably the one filed December 7, 2017 in that case by case BC658924 Plaintiffs Daniel Shamtoub and David Shamtoub (forwarding a Notice they had filed May 2, 2017 in case BC658924) – and Judge Hill denied the request due to the pending bankruptcy stay in case BC413487, without prejudice to renewal for consideration ...

Excerpt: ...tigation, which permission is granted only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. CCP § 391.7(b). In Los Angeles Superior Court, the presiding judge has designated the supervising judge of the civil division to exercise this authority and responsibility. See CCP § 391.7(e). On July 10, 2014 Judge Michelle R. Rosenblatt in Los Angeles Superior Court case BC518877, Etame, et al. v. Copar...

Excerpt: ... by Defendant Equifax Inc., that had been set for hearing in limited jurisdiction Department 94, as to which an omnibus opposition was filed by counsel for 12 other plaintiffs, so that the motion could instead be filed and heard in this court. On June 12, 2018 Defendant Equifax Inc. refiled the motion to transfer and consolidate, arguing that this case is one of hundreds of putative class actions and individual actions filed on behalf of consumer...

Excerpt: ...tigation more convenient for itself and less convenient (and more expensive) for Defendant, who resides in the West District where Plaintiff also has an office; also, pursuant to Local Rule 2.3(a)(1)(B) the case is improperly venued in the Northwest District because it is Plaintiff, not Defendant, who resides therein and the contract's performance was not required there (indeed, if anywhere the performance was required in the Central District, th...

Excerpt: ...November 16, 2007 judgment in this case (superceding the March 20, 2007 judgment that was set aside), Ms. Mack previously filed a motion to clarify judgment on June 10, 2015 that was heard and denied on July 7, 2015 by Judge Josh M. Fredricks, then-assigned to Department 50 of the Stanley Mosk Courthouse where the case is assigned. Accordingly, the court takes the matter off calendar in this courtroom, without prejudice to it being rescheduled fo...

Excerpt: ...an Beach and therefore a transfer will promote convenience of witnesses and/or the ends of justice – only one of which is required under the Local Rule – because the Torrance courthouse is 6 miles from the moving party's office, while the Stanley Mosk courthouse is more than 20 miles away. Defendant argues that since Plaintiff/Cross- Defendant's witnesses are located in Irvine, there will be no prejudice to the opposing party. The motion is s...

Excerpt: ...le 2.3(b)(2) will promote convenience to Ms. Gail and to the parties' attorneys and their expert witnesses who will be inspecting the property, and will also promote the ends of justice. Ms. Gail notes that earlier-filed case BC676686 was originally filed as a limited jurisdiction civil law action (case 16K07998, before Ms. Gail's cross-complaint's request for damages required reclassification of the matter as an unlimited jurisdiction case), whi...

Excerpt: ... courthouse considered the Notice of Related Case that had been filed on March 2, 2018 in completed case BS170202 (on December 1, 2017 in pending case BC685146) by Plaintiff Electric Turn Investments Limited, and declined to relate those two unlimited jurisdiction civil law cases. On April 24, 2018, apparently at the instruction of Judge Rudolph M. Hammock to whom case BC685146 is assigned, Plaintiff filed a motion in case BC685146 for this court...

Excerpt: ... dispute over a failing retaining wall in West Covina, so the East District is where the subject wall and properties are located and where the parties, witnesses, and material documents are located. By contrast, the Stanley Mosk courthouse is 22 miles away, which Defendants assert will make it significantly inconvenient for witnesses to attend key hearings and/or trial; further, the court's filing court locator indicates the matter should instead...

Excerpt: ... October 23, 2012 in subject case YC061706). Mr. Medill states that the parties to the judgment- satisfaction settlement agreement in case YC066942, submitted at Exh. A, represented and/or assisted Carlyn Moore in a personal injury case from September 2006 until its July 2009 settlement, but then disputes arose among the parties as to the attorney fees and costs so the parties deposited funds with the clerk of the court pursuant to court orders. ...

Excerpt: ...rth Valley District, and therefore he seeks a transfer for his convenience as well as in the interest of justice, pursuant to LASC Local Rule 2.3(b)(2). The motion is supported by the declaration of Mary Lou Byrne, the daughter and a caregiver of Defendant, who declares that Defendant is 91 years old, resides in an assisted living complex in Altadena, and is currently in hospice care (Byrne Dec., ¶ 1‐2, 4). Ms. Byrne declares that Defendant wo...

Excerpt: ...artment 78 of the Stanley Mosk courthouse. Mr. Sullivan states that this case had been filed in December 2011 and was assigned in April 2015 to Judge Feuer, who in January 2017 approved the stay of the action pending performance of certain environmental remediation actions on the subject real property pursuant to the parties' partial settlement, and ordered status reports be filed every six months (Exh. A), and who presided over numerous hearings...

Excerpt: ...o the parties filing a noticed motion for this relief. On March 28, 2018 Bank Defendants filed this motion for an order entering the parties' stipulation and protective order, filed jointly with plaintiffs/cross‐defendants Unicom Systems Inc., Unicom Engineering Inc., and Unicom Government Inc., and cross‐defendants Firetide Inc., GTSI Financial Services Inc., GTSI Professions Services, Inc., Network Engines International Inc., Rockstar Holdi...

Excerpt: ...ted Case that had been filed on February 22, 2018 and February 23, 2018 by Plaintiff/Defendant Serian Rabadi, and declined to relate limited jurisdiction unlawful detainer case 18VEUD00637 – now assigned to Judge Virginia Keeny in Department O of the Van Nuys courthouse – to that case. On March 29, 2018 Plaintiff Serian Rabadi filed a motion in case PC058161 for this court's consideration of whether cases PC058161 and 18VEUD00637 should be re...

Excerpt: ... to the Stanley Mosk courthouse in the Central District), and therefore that courthouse will be more convenient for the parties, witnesses, and counsel, and there are no such corresponding, much less overriding, legitimate benefits to having the case remain in the Central District. Based on this, Defendant requests the court transfer the action to promote the ends of justice, pursuant to LASC Local Rule 2.3(b)(2). The motion is supported by the d...

Excerpt: ... occurred at the Los Angeles Convention Center, and therefore the case should be transferred pursuant to CCP §§ 396b and 397(a), and LASC Local Rule 2.3(a)(1)(A). Plaintiff and defendant George P. Johnson Co. have executed a stipulation to the transfer, with Plaintiff agreeing to pay the transfer costs; although defendant Terex Corporation did not execute the stipulation, it does not oppose the motion. (Hernandez Dec., ¶ 13‐15 and Exh. 5.) N...

Excerpt: ...il records erroneously show to be a Los Angeles County Superior Court case. Under those orders, Mr. Payne became subject to a CCP § 391.7 prefiling requirement by which he is required to get the permission of the presiding judge to file new litigation, which permission is granted only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. CCP § 391.7(b). In Los Angeles Superior Court, the presiding ju...

Excerpt: ...anley Mosk courthouse considered the Notice of Related Case that had been filed on September 11, 2017 by attorney Kenneth J. Catanzarite for “Defendants and Cross‐ Complainants,” as well as Plaintiffs Heather Campbell and Shanelle Payseno's objection thereto, and declined to relate later‐filed case LC106120 – assigned to Judge Huey P. Cotton in Department A of the Van Nuys courthouse – to that case. On December 14, 2017 in case BC6731...

Excerpt: ... only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. CCP § 391.7(b). The presiding judge has designated the supervising judge of the civil division to exercise this authority and responsibility. See CCP § 391.7(e). The court notes that on September 12, 2012 the above‐noted vexatious litigant filed an appeal of case SC116133 in which he was declared vexatious (appellate case B243743). Records...

Excerpt: ...s motor vehicle negligence action against Defendants on April 13, 2015 and the case was assigned to Personal Injury courtroom Department 91. On July 5, 2017 the case was assigned for trial to Judge C. Edward Simpson in Department R of the Pasadena courthouse. Jury voir dire commenced the following week and day 1 of trial was July 18, 2017. On July 24, 2017 trial concluded and the same day the jury returned a verdict in favor of Defendants. On Nov...

Excerpt: ...ion. See CRC 3.300(h)(1)(D) and LASC Local Rule 3.3(f)(3). On September 20, 2017 Plaintiff Samson Michael filed a Notice of Related Case in case BC673670, indicating that that case was related to a prior case that had originally been filed in Los Angeles Superior Court on June 19, 2015 as case BC584066 but was later transferred to Kern County Superior Court on December 4, 2015 and litigated to conclusion under new case number BCV‐16‐102670. O...

Excerpt: ...rior Court. The court ordered that any response to the OSC be filed and served in Department 1 no later than five court days before the hearing. In its order the court had noted that in each of the 90 essentially identical seven‐page complaints, plaintiff pleads that it is a non‐governmental organization bringing an action on behalf of the people of the State of California under the Immigration Consultants Act (“ICA”) to shut down illegal...

Excerpt: ...r Court. The court ordered that any response to the OSC be filed and served in Department 1 no later than five court days before the hearing. In its order the court had noted that in each of the 90 essentially identical seven‐page complaints, plaintiff pleads that it is a non‐governmental organization bringing an action on behalf of the people of the State of California under the Immigration Consultants Act (“ICA”) to shut down illegally ...

Excerpt: ...ule 3.3(f)(3). On August 16, 2017 in case BC659723 Judge Deirdre Hill in Department 49 of the Stanley Mosk courthouse considered the Notice of Related Case that had been filed on July 28, 2017 by defendant Long Beach Unified School District (“LBUSD”): Judge Hill expressly declined to relate limited jurisdiction case 17K00990 with case BC659723, and did not rule on whether later‐filed cases NC061173 and NC061252 were related to case BC659723...

Excerpt: ...nted only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. CCP § 391.7(b). The presiding judge has designated the supervising judge of the civil division to exercise this authority and responsibility. See CCP § 391.7(e). The court notes that on September 12, 2012 the above‐noted vexatious litigant filed an appeal of case SC116133 in which he was declared vexatious (appellate case B243743). Rec...

Excerpt: ...at any litigation would proceed in Long Beach (Exh. 3 at p.10), which venue complies with LASC Local Rules and the court's “filing court locator” given the subject freeway sign's location at 3350 E. 29th St. [sic] in Long Beach, and therefore the court should exercise its CCP § 402(b) authority to transfer the case from one location to another location of the court. Additionally, Defendants assert that a transfer is appropriate pursuant to C...

Excerpt: ... which permission is granted only if it appears the litigation has merit and is not being filed for purposes of harassment or delay. CCP § 391.7(b). The presiding judge has designated the supervising judge of the civil division to exercise this authority and responsibility. See CCP § 391.7(e). The court notes that his filings in that case reflect that at that time the above‐noted vexatious litigant resided at an address on Vermont Ave. in Los...

Excerpt: ...artment. In its order that day, the court observed that its September 19, 2017 order on Plaintiffs' September 18, 2017 ex parte appearance had noted that it appeared Plaintiffs may be attempting to persist in conduct that was previously determined sanctionable, as described in this court's earlier court orders. The court cautioned that it might set another CCP § 128.7(c)(2) Order to Show Cause re: imposition of sanctions if Plaintiffs continued ...

Excerpt: ...efendant was informed that Mr. Parris himself intends to be Plaintiff's trial attorney. Defendant states that Mr. Parris is the prominent long‐term mayor of Lancaster (since 2008) who is frequently in the local media and well known/recognized locally, and who has an undue influence over his constituents who will make up a majority of the small community's jury pool. Accordingly, Defendant asserts that she cannot obtain an impartial trial in the...

Excerpt: ...e the case should proceed in the Central District. Defendant asserts that Plaintiff improperly venued this case in the East District using the location of nominal defendant Inovit Inc. The motion is supported by the declaration of Mr. Muradyan, who declares to his residence address and the address at which the subject contract was entered into (Muradyan Dec., ¶ 3, 5); that he no longer works at or has occasion to travel to the El Monte site of I...

Excerpt: ...located at 7120 Corbin Ave. in Reseda, where she resided from 2004 until her 2016 death, and therefore all the claims arose in the Northwest District rather than the Central District. Also, Defendant argues that transfer is appropriate for the convenience of witnesses, since the surviving plaintiff Bryan Hidalgo and all the witnesses are located in the Northwest District. Defendant asserts that Plaintiffs will not be prejudiced by such transfer, ...