Excerpt: ...d in Negligence and Premises Liability. Defendant filed its Answer on April 13, 2018. Plaintiff deposed Defendant's Person Most Knowledgeable (“PMK”) on June 12, 2019, whereby it request the production of a certain Incident Report produced by Defendant immediately Plaintiff's slip-and-fall accident occurred at its store. In responses to Defendant's objection to the production of this Incident Report, Plaintiff filed the instant motion to comp...

Excerpt: ... rest through a loan from Defendant Steven Michael Lasky (“Steven”) for $85,000.00, with the deed to the Property being transferred to both Plaintiff and Steven. Steven's interest in the Property was transferred to his wife and Co-defendant Lori Ann Lasky (“Lori”), who is also Plaintiff's daughter. Plaintiff alleges that after paying off the loan to Steven on or before October 31, 2011, the Property was conveyed from Steven to Plaintiff. ...

Excerpt: ...eged “Plaintiff lent Defendant $1,000.00 cash. Defendant's adult children are incarcerated and drug addicts. Defendant claimed she lent her last $5,000…to [a] woman in Kansas. Plaintiff temporarily lent Defendant $1,000.00 until her rent [sentence ends incomplete.]” The hearing on Schroeder's Claim and Order was set for January 31, 2019. On January 15, 2019, Lima filed a “Defendant's Claim and Order to Go to Small Claims Court” against ...

Excerpt: ...rvision; (3) Negligent Hiring/Retention; (4) Intentional Infliction of Emotional Distress (IIED); (5) Assault; (6) Sexual Battery (Civil Code (“Civ. Code”) section (“§”) 1708.5); (7) Sexual Harassment (Civ. Code § 51.9); (8) Gender Violence (Civ. Code § 52.4); (9) Breach of Fiduciary Duty; and (10) Constructive Fraud (Civ. Code § 1573). In the Complaint, Plaintiff alleges that Williams, an adult teacher, coach, and employee of both AV...

Excerpt: ...ation revealed the presence of mold in the property. Plaintiff alleges that she developed numerous health afflictions that prevented her from performing her job, and she was further forced to vacate the property due to the mold. Plaintiff filed suit on August 08, 2013, against “CMG Mortgage, a business organization, form unknown”, alleging a cause of action for premises liability and seeking a variety of damages. Service of the Summons and Co...

Excerpt: ... collided with the broken-down vehicle driven by Defendant Felix Adrian Marentes (“Marentes”), an employee of Defendant New Start Transportation, Inc. (“New Start”), on the north-bound State Route 14 in the city of Acton, California. On March 23, 2018, Lemons filed his Complaint in case MC027851, alleging two (2) causes of action for (1) Motor Vehicle Personal Injury; and (2) General Negligence. On April 12, 2018, Country Wide and Gardine...

Excerpt: ...reditors Adjustment Bureau (“Plaintiff”), to whom the policy debts were assigned, filed its Complaint against Defendant alleging four (4) causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. On March 01, 2019, Defendant filed its Answer raising 17 affirmative defenses. On June 06, 2019, Plaintiff filed the instant motion for summary adjudication of the First Cause of Action for Brea...

Excerpt: ...rtments is located at 855 West Jackman Street, Lancaster, California. Plaintiff claims that Defendants violated the anti- smoking provision of the lease agreement by failing to take reasonable measures to eliminate and/or minimize second-hand smoke emanating from another unit in the property. Plaintiff filed her original Complaint on July 27, 2018, alleging causes five (5) causes of action against all defendants sounding in (1) Negligence; (2) Vi...

Excerpt: ...of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Quantum Meruit. On August 09, 2019, Defendant filed the instant demurrer and motion to transfer the action and consolidate with related case BC524946. Plaintiff filed opposition on August 21, 2019. 2) Analysis Judicial Notice – Defendant requests judicial notice of the court records, complaint, and judgement lien in the Related Case, No. BC524946 and consol...

Excerpt: ...ely the “Defendants”), which Plaintiff Michael W. Pincher, individually and as trustee of the Mary A. Pincher Living Trust (“Plaintiff”) alleges caused Decedent's death. Plaintiff filed the initial Complaint on March 13, 2018, alleging three (3) causes of action for (1) Professional Negligence (Medical Malpractice – Survival Action); (2) Professional Negligence (Medical Malpractice – Wrongful Death); and (3) Elder Abuse. Following fou...

Excerpt: ...ntered against Defendant on January 18, 2018, and default judgment was entered on April 16, 2019. On July 3, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the <0058004a00580056005700 001c001100030037004b[e motion is brought pursuant to Code of Civil Procedure section 473, subdivisions (b) and (d) and is accompanied by a request for judicial notice. The Court denies the request for judicial notice as irrelevant t...

Excerpt: ... of record in the amount of $341.91. Sanctions to be paid within 30 days. Plaintiff Romex Textiles, Inc.'s Motion to Compel Defendant Mosh Company, Inc. to Further Respond to Requests for Production of Documents, and to Request for Monetary Sanctions is CONTINUED TO A DATE TO BE DETERMINED AT THE CASE MANAGEMENT CONFERENCE RE STATUS OF BANKRUPTCY PROCEEDING SET FOR DECEMBER 2, 2019 AT 8:30 AM IN DEPARTMENT 94. ANALYSIS: This action arises from a ...

Excerpt: ...fendant”). Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on June 12, 2019. Defendant filed his opposition on August 12, 2019. I. 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. (Code Civ. Proc., § 437c, subd. (c); Vesely v. Sager (1971) 5 Cal.3d 153.) The moving party must make an af...

Excerpt: ...dum of Costs After Judgment filed on April 11, 2019. Defendant's Motion to Tax and/or Strike Costs is GRANTED as to the entire Memorandum of Costs After Judgment filed on April 11, 2019 and DENIED as to the Memorandum of Costs After Judgment filed on February 7, 2017 and Memorandum of Costs On Appeal filed on April 11, 2019. ANALYSIS: Background On June 18, 2014, Plaintiff Westridge Estates Neighborhood Association (“Plaintiff”) filed this in...

Excerpt: ...ir, repurchase or refund it. (Compl., ¶¶5-19.) Originally filed as an unlimited jurisdiction case, the parties stipulated to have the matter transferred to the limited jurisdiction court effective July 11, 2018. Plaintiff now moves for additional discovery pursuant to Code of Civil Procedure section 95. Defendant filed its opposition on August 13, 2019. Discovery in a limited action is permitted only to the extent provided by in Code of Civil P...

Excerpt: ...ent on May 12, 1999. <00130013001c0003004400 0044004a0044004c0051[ on December 14, 2018. Notice of the latest renewal of judgment was served on Defendant on February 15, 2019. Defendant filed the instant motion to vacate the renewal of judgment on March 15, 2019. Notice that the judgment was assigned to Cavalry Investments, LLC (“Judgment Assignee”) having been filed on August 27, 2012, Judgment Assignee filed its opposition on April 5, 2019....

Excerpt: ...e Farm Mutual Automobile Insurance Company (“Defendant”), alleging that it breached its obligation to indemnify him for losses he incurred with respect to his insured motor vehicle. The Complaint alleged claims for (1) bad faith breach of contract; (2) bad faith breach of contract; (3) breach of the implied covenant of good faith and fair dealing. On May 22, 2017, the Court sustained Defendant's demurrer to the Complaint with leave to amend. ...

Excerpt: ...ondent”) demanding arbitration of their uninsured motorist claim. Claimants filed the instant litigation on October 01, 2018, and thereafter filed the instant motion to compel arbitration on December 19, 2018, arguing that Claimants are entitled to completion of arbitration within 90 days. Respondent opposed the instant motion on January 11, 2019, arguing that there is a dispute as to whether Claimants are entitled to insurance coverage in the ...

Excerpt: ... (“J. Leyva”). On April 24, 2017, the Complaint was filed against Defendant, with J. Leyva alleging one cause of action for Negligence, and Plaintiff Tannya Leyva (“T. Leyva”) alleging a cause of action for Loss of Consortium. Defendant filed her Answer to the Complaint on August 07, 2017. The Court, after stipulated requests from the parties, continued the original June 29, 2018 trial date to August 03, 2018, and a second time, to Februa...

Excerpt: ...n for the legal services she provided to Defendant Marcia Golan (“Ms. Golan”). Ms. Golan counter sued Ms. Davis for breach of fiduciary duty, slander, and other things with a Cross-Complaint and First Amended Cross-Complaint (“FAXC”) on April 23 and May 15, 2018, respectively. Ms. Davis answered the FAXC on June 20. On July 29, 2019, Ms. Davis filed the instant Motion for Leave to File an Amended Answer to the FAXC (the “Motion”). Ms....

Excerpt: ... the thirtieth day after the service of the Arbitration Award, which was February 27, 2017. On April 13, 2017, Ms. Manoukian brought the instant Petition to Confirm Arbitration Award (the “Petition”). Even though ADLI Law Group, P.C. (“ADLI “) was not a party named in the Arbitration Award, it also joined the Petition. ADLI, however, is not entitled to have the Arbitration Award confirmed in its favor; its Petition is DENIED. The Court co...

Excerpt: ... for his legal services as required by their retainer agreement. Mr. Cooper previously represented Ms. Trinidad in a dissolution proceeding involving Salvador Gonzalez Trinidad (“Mr. Trinidad”), her former husband. On December 7, 2018, Ms. Trinidad brought a Cross-Complaint against Mr. Trinidad for indemnification for any obligations she has under the retainer agreement. In response, Mr. Trinidad filed a Demurrer to and Motion to Strike the C...

Excerpt: ...r”) petitions the court to confirm the arbitration award in its favor and againstRespondents DDB Sea, LLC and C Plus Pictures, LLC (“Respondents”). This action arises out the parties' dispute over compensation owed to Petitioner's employees for production of a motion picture. Petitioner filed the instant petition on April 8, 2019. To date, no opposition has been filed. Legal Standard Per CCP § 1285, “Any party to an arbitration in which ...

Excerpt: ...ORT; AND (3) THE FOURTH CAUSE OF ACTION FOR FRAUD; AND GRANTED WITH 30 DAYS' LEAVE TO AMEND AS TO THE REQUEST FOR EXEMPLARY DAMAGES. ANALYSIS: I. Legal Standard Demurrer 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 purpos...

Excerpt: ...tant action for negligence against Defendant Bank of America, NA (“Defendant”) on July 30, 2018. The action concerns a $39.00 service fee on Plaintiff's credit card account, which he alleges was not refunded. (Compl., pp. 1- 2.) On November 14, 2018, the court sustained Defendant's demurrer to the Complaint with leave to amend. Plaintiff filed the First Amended Complaint on January 3, 2019. On April 24, 2019, the court sustained Defendant's d...

Excerpt: ...ment is in the amount of $8,657,00, not more than $10,000.00. Nor does Plaintiff explain why this motion was not brought earlier. REPLY: Plaintiff's damages are not limited to his medical damages, but include his general damages for ongoing pain and inconvenience. The value of his pain and suffering on its own is over $25,000.00. The motion is timely in that Plaintiff's counsel substituted in as counsel of record in January, 2019 and this motion ...

Excerpt: ...tities affiliated with his real estate broker license. OPPOSITION: None filed as of August 7, 2019. ANALYSIS: Plaintiff / Judgment Creditor Play Vista Parks & Landscape Corp. (“Judgment Creditor”) obtained a judgment against Defendant / Judgment Debtor Hythum Kiswani (“Judgment Debtor”) on July 10, 2009 in the amount of $8,087.73, plus costs and fees of $7,498.00. On January 28, 2019, Judgment Creditor filed the instant motion for assignm...

Excerpt: ...led as of August 2, 2019. REPLY: None filed as of August 2, 2019. ANALYSIS: On December 28, 2018, Arbitrator Barbara M. Zak issued an Arbitration Award in favor of Petitioner Adam Scot Goldstein (“Petitioner”) and against Respondent Ameriprise Financial Services, Inc. (“Respondent”), which states in pertinent part: The Arbitrator recommends the expungement of all references to occurrence number 1904848 from registration records maintained...

Excerpt: ...Los Angeles, CA 90025 (the “7-Eleven Store”), but after he was terminated by former Defendant Raymond Varner dba 7-Eleven Store (“Mr. Varner”), he brought this action for failure to provide meal and rest periods and pay wages, among other things. During the course of litigation, Mr. Varner passed away and was substituted in by Estate of Raymond Varner dba 7-Eleven Store (erroneously named separately as “Estate of Raymond Varner and Esta...

Excerpt: ...ition and also appear for her physical examination. OPPOSITION: None filed as of July 31, 2019. ANALYSIS: Motion to Compel Deposition: Defendant Jennifer Becerra moves the Court to compel Plaintiff to appear for her deposition and requests sanctions. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination,...

Excerpt: ...fendant was properly served by a registered process server to the address on his driver's license. If the motion is granted, sanctions should be granted against Defendant and his attorney of record. REPLY: Defense counsel reached out numerous times to Plaintiff's counsel in an effort to have the default and default judgment set aside by stipulation. The motion and supporting papers demonstrate that good cause exists to vacate the default and judg...

Excerpt: ... against Defendants on May 14, 2019. On June 18, 2019, Defendants filed the instant Motion to Set Aside Default Judgment. No opposition has been filed. MOTION: To set aside the default judgment against Defendants on the grounds that Defendants failed to file a timely answer due to their mistake and ignorance of the law. Defendants mistakenly believed that they only had to appear in person for a court hearing and did not know they had to file an a...

Excerpt: ...ial date set for September 3, 2019. MOTION: Vacate Defendant Aulert's default on the grounds that he was delayed in receiving the Summons and Complaint and confused as to his rights under the license bond. OPPOSITION: Defendant Aulert is not entitled to relief under CCP section 473(b) because this motion is more than six months after default. He also has not shown that his failure to respond was the result of mistake, inadvertence, surprise or ex...

Excerpt: ... untimely and will prejudice Defendant. ANALYSIS: <0052005500470052005900 00440003004400510047[ Ernesto Montoya (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Norylie Aguilar Desalesa (“Defendant”). Plaintiffs filed the instant motion for leave to amend the Complaint on May 3, 2019. Plaintiffs moves for leave to amend the Complaint on the grounds that Rumaldo Castillo (“Castillo”) was also injur...

Excerpt: ...eave to re-add his request for declaratory and injunctive reliefs to the First Amended Cross-Complaint SUMMARY OF COMPLAINT: Los Angeles Unified School District filed the instant action to recover allegedly mistake wage overpayments made to dozens of employees. GROUNDS FOR MOTION: LAUSD demurs to the First Amended Cross-Complaint of Roshini Das on the grounds that it fails to allege facts sufficient to state a cause of action. Das has not alleged...

Excerpt: ...es. OPPOSITION: Plaintiffs' motion is defective on its face as it does not include a meet and confer declaration or a separate statement in compliance with Cal. Rules of Court Rule 3.1345. REPLY: None filed as of July 24, 2019. ANALYSIS: Plaintiffs Nathan Johnson and Shari Edwards (“Plaintiffs”) filed the instant motion for breach of contract against Defendants Oak Crest Academy and Jeannie A. Gudith (“Defendants”) on October 11, 2018. Pl...

Excerpt: ...for failure to allege facts sufficient to state a cause of action because (1) Plaintiff lacks standing to bring this action; and (2) the claim is barred by the one-year statute of limitations. Strike request for attorneys' fees as without basis in contract or statute. OPPOSITION: Neither the allegations nor the request for judicial notice demonstrate that Plaintiff is not the real party in interest or that Plaintiff's claim is time-barred. REPLY:...

Excerpt: ... Cross-Complainant. OPPOSITION: Cross-Complainant alleges that Cross-Defendant is responsible for the damages claimed by Plaintiff. Cross-Defendant is also an indispensable party. REPLY: Reiterates moving papers. ANALYSIS: 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 opposing party's pleading. It is not the function of the dem...

Excerpt: ... filed her Answer and the court had already set the trial date. ANALYSIS: On June 20, 2018, Plaintiff Narjes Deris (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Yolonda Avina, Martin Osorio (“Defendant Osorio”), and Beatriz Mena (“Defendant Mena”). Defendant Mena filed her Answer on November 8, 2018. No other Defendant has filed a responsive pleading to the Complaint. Indeed, Plaintiff has not ...

Excerpt: ...ent 17, but the parties executed a Stipulation on January 31, 2019 to reclassify this action to limited jurisdiction court (Department 94). Pursuant to the Stipulation, Department 17 then entered an order to reclassify this action and to dismiss the first cause of action for wrongful termination in violation of public policy without prejudice. Consequently, four causes of action remain: (1) failure to furnish timely and accurate wage statements i...

Excerpt: ...Viking Insurance”) filed the instant Motion for Leave to Intervene on May 17, 2019. Viking Insurance seeks to intervene in this action on behalf of its insured, Mr. Benson, under CCP § 387(d)(1). II. Legal Standard CCP § 387(d)(1) states: “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional r...

Excerpt: ...e as the parties were engaging in settlement negotiations. On June 5, 2019, Plaintiff served another notice of deposition of PMK on Defendant for a deposition scheduled on June 20, 2019. (Id., Starr Decl. ¶ 14, Exh. M.) Plaintiff attempted to confirm whether the deposition was going forward, but Defendant failed to respond. As a result, Plaintiff filed the instant Motion to Compel Deposition and to Request for Monetary Sanctions (the “Motion�...

Excerpt: ...against Defendants Penango, Inc. (“Penango”) and Sean Leonard (“Mr. Leonard”) (collectively, “Defendants”) for breach of contract and other related claims on December 21, <0057005600030052005100 0003001500130014001b>, and a default judgment was entered against them on August 24, 2018. Claiming that they lacked actual notice in time to file an answer, Defendants filed a Motion to Vacate Default and Default Judgment (the “Motion”) u...

Excerpt: ... detainer action by executing a Stipulation a month later. The Stipulation required Johnson to pay $2,000 to Corsini in exchange for her to voluntarily vacate her apartment. (FAC, Exh. A.) If Johnson failed to pay, Corsini could move to dismiss the unlawful detainer action. (Id., Exh. A.) Johnson ultimately did not pay Corsini. (Id., Attach. BC-2.) As a result, Corsini moved to dismiss the unlawful detainer action, which the trial judgment grante...

Excerpt: ...section 218.5. REPLY: The case on which Plaintiff relies does not stand for the proposition that attorneys' fees can be recovered in a penalties case. Binding authority holds that penalties are not wages, and attorneys' fees cannot be recovered absent a claim for wages. ANALYSIS: Plaintiff Robert Weissman (“Plaintiff”) filed the instant action for penalties under the Labor Code for non-payment of wages against Attack! Marketing (“Defendant�...

Excerpt: ...anding to bring this action. REPLY: Plaintiff fails to explain why this action was not brought by his former wife, who was the owner of the subject motor vehicle. Despite being advised of this defect by the court, Plaintiff is unwilling or unable to amend the pleading to state a cause of action. ANALYSIS: 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...

Excerpt: ... Davey-Surjue, LASC Case No. BD422324[1] (“the Dissolution Proceeding”). One of the issues in the Dissolution Proceeding was Steve's payment of child support, in which the Child Support Services Department (“CSSD”) was involved. CSSD claimed that on April 16, 2014 it inadvertently deposited funds of $24,498.23 in child support money to Defendant JPMorgan Chase Bank (“Defendant”) account number 7570. (Motion, RJN, Exh. B.) On April 23,...

Excerpt: ...On June 25, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the <002d0058004f005c000300 [ Motion to Vacate Defendant moves to vacate the entry of default and to quash service of the Summons and Complaint. When a motion to quash is brought concurrently with a motion to vacate default, the court must rule on the motion to vacate first. (Steven M. Garber & Assocs. v Eskandarian (2007) 150 CA4th 813, 819 (holding that...

Excerpt: ...ing on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [...

Excerpt: ...LAFCU”). The Complaint arose from a dispute over a sale of vehicle, where Erazo is now seeking compensation for her purchase. (Compl.) On October 17, 2018, Cross-Complainant LAFCU filed a Cross-Complaint against Cross-Defendants Erazo, Karim Jabarin (“Jabarin”), and Southcoast Automotive Liquidators, Inc. (“SAL”). The Cross- Complaint arose in part from the sale of Erazo's vehicle, where LAFCU is seeking indemnification and apportionmen...

Excerpt: ...ien. (Pagano Decl. ¶ 6, Exh. A.) Because Defendant failed to fully pay Plaintiff the settlement amount of $10,800, Plaintiff brought the instant Motion to Vacate Conditional Settlement and to Enforce Settlement Agreement (the “Motion”) on May 31, 2019. II. Legal Standard Under CCP § 664.6: “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 settl...

Excerpt: ...��) petitions the court to confirm the arbitration award in its favor and againstRespondents Maggie Productions, LLC, Silver Linings Media Group, and Gold Star Films, LLC (“Respondents”). This action arises out the parties' dispute over compensation owed to Petitioner's employees for production of a motion picture. Petitioner filed the instant petition on February 15, 2019. To date, no opposition has been filed. Legal Standard Per CCP § 1285...

Excerpt: ...ion to reclassify the action as one of unlimited jurisdiction, pursuant to Code of Civil Procedure section 403.040. Defendant filed <005500480053004f005c00 005100030049004c004f[ed. Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification 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 ...

Excerpt: ...rt dismissed this action without prejudice on December 28, 2018. On March 21, 2019, Plaintiff filed the instant Motion to Vacate Dismissal (the “Motion”) under the discretionary provision of CCP § 473(b). Defendant twice filed her Opposition Papers on April 9 and 22, 2019. The Court STRIKES the Opposition from April 22 from the record as it is not permissible under CCP § 1005 and the Court did not authorize such filing. II. Discussion “Th...

Excerpt: ...�Motion”) pursuant to CCP § 36(a), which states in relevant part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” At t...

Excerpt: ...t Bench Producers”) (“Respondent”). At the previous hearing, the Court continued the Petition to allow Petitioner to file Supplemental Papers, which Petitioner did on June 14, 2019. II. Discussion A. Petitioner Fails to Name the Proper Party The Petitioner confusingly names Respondent as a party to and as the arbitrator in an arbitration proceeding. (Pet. Item Nos. 1, 6.) Both of these facts could not have possibly been true. Petitioner als...

Excerpt: ... March 7, 2018,and a default judgment was entered against Defendants on July 23, 2018. <0046004400570048000300 0058004f005700030044[nd Default Judgment (the “Motion”) under CCP § 473.5 for lack of actual knowledge. The motion came for hearing on May 15, 2019, at which time was continued to allow the parties to file supplemental briefing. Singh filed his supplemental brief on June 18, 2019 and Plaintiff filed its supplemental opposition on Ju...

Excerpt: ...nd obtained an entry of judgment against Respondent Rafael J. Chavez (“Respondent”) from this Court based on an order from the State of Pennsylvania. (04/10/19 Appl.) On May 10, 2019, Respondent filed the instant Motion to Vacate Sister-State Judgment (the “Motion”). To date, no opposition has been filed. II. Legal Standard Although Respondent moves for relief pursuant to CCP § 473(b), the correct moving statute is CCP § 1710.40(a), whi...

Excerpt: ...23, 2006 and renewed on March 15, 2016. On May 17, 2019, Plaintiff filed the instant motion to vacate the entry of default and default judgment. To date, no opposition has been filed. <0026005200470048000300 00030033005500520046[edure section 473, on the grounds that that default and default judgment were entered due to Plaintiff's counsel's mistake. Plaintiff contends that at the time the default and default judgment were entered against Defenda...

Excerpt: ...erent facts have been discovered in that Defendants retained counsel prior to the filing of their motion to vacate and he inadvertently failed to timely file the motion. OPPOSITION: Relief is only available for attorney fault where the attorney represented the moving party at the time of the default. REPLY: Defendants have timely sought relief, which is mandated by the statute. ANALYSIS: Background Plaintiff Rafael D. Miranda (“Plaintiff”) fi...

Excerpt: ...Series, LLC (“LSL”), Krystle Rakestraw (“Ms. Rakestraw”), and Emmanuel Mertis (“Mr. Mertis”). Because Plaintiff failed to appear for an OSC Hearing re: Entry of Default and Default Judgment on November 6, 2018, the Court dismissed this action. On May 6, 2019, Plaintiff filed the instant Motion to Vacate Dismissal (the “Motion”) under the mandatory provision of CCP § 473(b). On June 21, LSL and Ms. Rakestraw (collectively, “Oppo...

Excerpt: ...t against Judgment Debtor. In that effort, Judgment Creditor applied for an order requiring Judgment Debtor to appear for a debtor's examination, and the Court issued an order for a debtor's examination scheduled for March 28, 2019. (12/18/18 Appl. & Order for Examination.) Judgment Debtor failed to appear for the debtor's examination hearing. As a consequence, Judgment Creditor brought the instant Motion for Sanctions (the “Motion”) on April...

Excerpt: ...ndants”) signed a Settlement Agreement wherein Defendants agreed to pay Plaintiff $10,844.24. On February 14, 2017, Plaintiff dismissed this action against Defendants. Because Defendants failed to pay the $10,844.24 in full, Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment (the “Motion”) under CCP § 664.6 on May 21, 2019. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipulate, in a wri...

Excerpt: ...nation of the validity of an election of the condominium association under Corp. Code § 7616 and (2) injunctive relief under Civ. Code § 5145. This action arises from an election at an annual meeting of Defendant's members that occurred from March 20 to 26, 2019. (Compl. ¶¶ 20-34.) At the election, Plaintiff and other members appointed Mark Greenberg (“Mark”) as their proxy to cast ballots on their behalf. (Id. ¶ 26.) Plaintiff claims th...

Excerpt: ...default judgment, which was deemed void by the court clerk for failure to pay a filing fee. Later, Defendant's fee waiver was granted. Defendant then filed another Motion to Vacate the Default Judgment (the “Motion”) on January 23, 2019. The matter came for hearing on February 26, 2019, at which time the court continued it to allow Defendant to file supplemental briefing address procedural and substantive defects. The hearing was continued ag...

Excerpt: ...Ovenden (“Ovenden”). On May 29, 2019, Defendants AA and Ovenden (collectively, “Moving Defendants”) filed the instant Demurrer to the Complaint. Before filing a demurrer, the moving party must meet and confer in good faith with the responding party. (CCP § 430.41(a).) Having reviewed Moving Defendants' counsel's meet-and-confer declaration, the Court is satisfied with the effort. (Hamilton Decl.) On June 13, 2019, the Court sustained Shi...

Excerpt: ...epresentation by counsel. As a corporation, defendant may not represent itself in this litigation, and may only appear through counsel. The continued failure of the Defendant to obtain counsel may result in the striking of its Answer in these proceedings at a future hearing, including at the August 27, 2019 hearing. Discussion On May 25, 2018, Plaintiff Feldman & Associates, Inc. (“Plaintiff”) filed the instant action against Defendant AKG Co...

Excerpt: ...nt Agreement under CCP § 664.6 to resolve this action. (Blackwood Decl., Exh. 1.) It appears that Plaintiff twice asked the court clerk to dismiss this action on August 24, 2017 and June 7, 2018, and the court clerk mistakenly entered both requests. Because Defendants have failed to comply with their obligations to pay Plaintiff the full $7,843.67 (which includes attorney's fees and costs) pursuant to the Settlement Agreement, Plaintiff brought ...

Excerpt: ...Coast National Insurance Company (“Plaintiffs”) filed the instant action for automobile subrogation against Defendant Jesus Ricardo Pina Carillo (“Defendant”) on November 20, 2017. Following Defendant's failure to file a responsive pleading, the court entered Defendant's default on June 21, 2018 and his default judgment on November 29, 2018. Defendant filed the instant Motion to Vacate Default and Default Judgment on April 30, 2019. Defen...

Excerpt: ... This is an improper motion for judgment on the pleadings. Both causes of action are proper, but if the court is inclined to grant the motion Plaintiff requests leave to amend the Complaint. REPLY: None filed as of June 26, 2019. ANALYSIS: On February 7, 2018, Plaintiff Christy Adair (“Plaintiff”) filed this action for negligence and public disclosure of private facts against Defendant City of Los Angeles (“Defendant”) (erroneously sued a...

Excerpt: ...tively, “Moving Defendants”), among other Defendants. On April 23, 2019, the Court sustained Moving Defendant's first demurrer to the complaint with leave to amend. Accordingly, Plaintiff filed the operative First Amended Complaint (the “FAC”) on May 2. Moving Defendants then filed the instant Demurrer to the FAC on May 31. Plaintiff filed an Opposition on June 11. Moving Defendants replied on June 19. Before filing a demurrer, the moving...

Excerpt: ...udgment is not a final judgment under South Carolina law, the underlying judgment was not against Defendant in her individual capacity, and service of the notice of entry of judgment is presumptively invalid. OPPOSITION: None file as of June 18, 2019. ANALYSIS: I. Background On November 6, 2018, applicants Bessie Huckabee, Kay Passailaigue Slade, Sandra Byrd, and Peter Kouten (collectively, “Applicants”) applied for and obtained an entry of j...

Excerpt: ...ult in the hearing being taken off calendar. I. Background On July 21, 2000, Plaintiff First Select Corporation (“Plaintiff”) obtained a default judgment against Defendant Lara Karuna Vaidya (“Defendant”). On April 9, 2009, Plaintiff filed an Assignment of Judgment, whereby Plaintiff assigned its right to the default judgment to Judgment Assignee BV Financial Management, LLC (“Judgment Assignee”). The default judgment was twice renewe...

Excerpt: ... has failed to establish that it lacked actual notice, of that any lack of action notice was not caused by its own inexcusable neglect or avoidance of service. REPLY: Misle's liability in this action is tenable at best, and he deserves a chance to defend against the suit. ANALYSIS: Background On April 4, 2018, Plaintiff Navitas Lease Corp. (“Plaintiff”) filed the instant action for breach of lease agreement against Defendants American Metal R...

Excerpt: ... and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is br...

Excerpt: ...or Production of Documents on Defendant Daniel Sloan (“Sloan”). (Motion, Ahdoot Decl. ¶ 2, Exh. A.) In February 2019, Sloan responded to the requests, but Plaintiff Felicia found the responses to be incomplete and inadequate. (Id. ¶¶ 3-4, Exhs. B, C.) Plaintiff Felicia sent Sloan a meet-and- confer letter regarding their concerns, but he failed to respond or provide any supplemental <004f0057000f0003003300 000300290048004f004c[cia filed th...

Excerpt: ...Inc. Discussion On February 11, 2019, Plaintiff Cheetah Software Systems, Inc. (“Plaintiff”) filed this action against Defendants Fox River Services, Inc. and Penn-Ridge Transportation, Inc., (“Defendant Penn-Ridge”). On February 15, 2019, Plaintiff filed an Amendment to Complaint to add Fox River Services, LLC, a.k.a. Fox River Accounting Services, LLC as a defendant in lieu of Doe 1. Following their failure to respond, default was enter...

Excerpt: ...rm the award on October 24, 2018. On February 27, 2019, the Court entered the award as a judgment in the total sum of $9,805.28. On March 7, 2019, Petitioner filed the instant Motion for Attorney's Fees under CCP § 1717. On April 9, 2019, Respondent filed an Opposition. At the previous hearing, the Court found several issues with the moving papers and ordered Petitioner to file supplemental papers to address them. (5/1/19 Minute Order.) On June ...

Excerpt: ...��Plaintiff”) made to nonparty Warren Rositter (“Mr. Rositter”). (Compl. ¶¶ 8, 13.) The controversy originates from a September 11, 2016 car accident involving another nonparty, Robert Lopez (“Mr. Lopez”), who was a driver insured by Plaintiff. (Id. ¶¶ 7, 17.) Mr. Rositter, who was insured by Defendant, was a passenger in Mr. Lopez's car at the time of the accident <00030003000b002c004700 001400160011000c0003[ Although Plaintiff pai...

Excerpt: ...ught this subrogation action against Defendants Memo Trucking, Inc. and Manuel Alejandro Chacon (collectively, “Defendants”) on February 7, 2019. Seven days later and before Defendants had made a general appearance, Plaintiff filed the operative First Amended Complaint (the “FAC”) asking for an “excess of $25,000” in damages. (FAC ¶ 1.) On April 11, 2019, Plaintiff filed the instant Motion to Reclassify (the “Motion”). I. Legal S...

Excerpt: ...gainst Defendants. (Gherman v. Colburn (1971) 18 Cal.App.3d 1046, 1050 [“When there is a voluntary dismissal of an entire action, the action is no longer pending and the court's jurisdiction over the parties and the subject matter terminates.”].) On January 22, 2019, Plaintiff filed a Motion to Vacate Dismissal and Enter Judgment (the “Motion”) under CCP § 664.6. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation ...

Excerpt: ...r Of Discovery Objections is GRANTED. REQUEST FOR RELIEF: Relieve Plaintiffs / Cross-Defendants from the court's discovery orders, dismissal and judgment on the grounds that their former attorney was disbarred in March, 2018 but never advised the court or the parties and deserted the representation of Plaintiffs / Cross-Defendants in this action. OPPOSITION: Mandatory relief is not available for judgments and dismissals rendered after trial, and ...

Excerpt: ...ed her desire to file a cross-complaint since July, 2017. Despite filing an Answer on April 12, 2018, Defendant did not file a cross-complaint. As the attempt to file a cross-complaint at this time is in bad faith, the motion should be denied. REPLY: Reiterates that the motion is not brought in bad faith. ANALYSIS: Background On March 22, 2017, Plaintiff Pacific Coast Design Group Construction Management and Development (“Plaintiff”) filed th...

Excerpt: ...'s Motion to Compel Cross-Defendants Southcoast Automotive Liquidators, Inc. dba Discount Auto Plaza and Karim Jabarin to arbitrate is denied. Background On September 6, 2018, Plaintiff Elida Erazo (“Erazo”) filed this action against Defendant Los Angeles Federal Credit Union (“LAFCU”). On October 17, 2018, Cross-Complainant LAFCU filed a Cross-Complaint against Cross-Defendants Erazo, Karim Jabarin (“Jabarin”), and Southcoast Automot...

Excerpt: ...ision of CCP § 473(b). The motion initially came for hearing on March 26, 2019, at which time the court continued the matter to allow Plaintiff to provide evidence of reasonable diligence in moving to set aside the dismissal. Plaintiff filed a supplemental declaration on May 9, 2019. The supplemental papers were timely filed and served in accordance with Code of Civil Procedure section 1005, as ordered. No supplemental opposition has been filed....

Excerpt: ...s from his account that constituted a possible fraud/breach. On March 7, 2018, the court ruled on Defendant's demurrer to the Complaint by overruling the demurrer to the first cause of action for breach of contract and second cause of action for common counts. The court sustained the demurrer with leave to amend as to the third cause of action for fraud, fourth cause of action for fraud, fifth cause of action for general negligence, and sixth cau...

Excerpt: ...against Defendant John R. Contos (“Defendant”). On January 3, <0054005800480056005700 00520047005800460057>ion of Documents on Defendant. (Motions, Revitz Decls. ¶ 4, citing to Exhs. 1s.) To date, Plaintiff has not received any verified responses to the propounded discovery requests from Defendant. (Id., Leeds Decls. ¶ 12.) As a result, Plaintiff filed the instant Motions to Compel Post-Judgment Interrogatories and Requests for Production o...

Excerpt: ...: (1) breach of contract, (2) wrongful eviction, (3) declaratory relief, (4) injunctive relief, and (5) promissory estoppel. At an OSC Hearing re: Reclassification on February 21, 2019, Plaintiff orally requested the Court to dismiss her third and fourth causes of action for declaratory and injunctive reliefs, and the dismissal was entered forthwith. (2/21/19 Minute Order.) Defendant filed Motions to Strike and Demurrers on October 23, 2018 and M...

Excerpt: ...to the Complaint, contending that Plaintiff fails to allege sufficient facts to demonstrate that it has standing to bring this action. The Court notes that Plaintiff fails to file a proof of service to show when the Summons and Complaint were served on Chinchilla, so the Court cannot determine if the Demurrer is timely under CCP § 430.40(a). Nevertheless, because there is no opposition from Plaintiff on this point, and because the failure to all...

Excerpt: ...tending that Plaintiff fails to allege sufficient facts to demonstrate that it has standing to bring this action. The Court notes that Plaintiff fails to file a proof of service to show when the Summons and Complaint were served on Bautista, so the Court cannot determine if the Demurrer is timely under CCP § 430.40(a). Nevertheless, because there is no opposition from Plaintiff on this point, and because the failure to allege sufficient facts is...

Excerpt: ...aint (the “Motion”); alternatively, Defendant asks that this Court stays this action under 50 U.S.C.A. § 3932(b) because he is currently on active duty in the military. On January 4, 2019, Plaintiff filed an opposition. Defendant replied on January 14. At the initial hearing on January 22, 2019, the Court continued this Motion to allow the parties to file supplemental papers to address the following issues: “1) service at his ‘usual mail...

Excerpt: ...allege sufficient facts to demonstrate that it has standing to bring this action. The Court notes that Plaintiff fails to file a proof of service to show when the Summons and Complaint were served on Lopez, so the Court cannot determine if the Demurrer is timely under CCP § 430.40(a). Nevertheless, because there is no opposition from Plaintiff on this point, and because the failure to allege sufficient facts is not a ground waivable by an untime...

Excerpt: ...f's damages are not limited to his medical damages, but include his general damages for ongoing pain and inconvenience. The value of his pain and suffering on its own is over $25,000.00. The motion is timely in that Plaintiff's counsel substituted in as counsel of record in January, 2019 and this motion was filed in March, 2019. Defendant will not be prejudiced by reclassification at this time. TENTATIVE RULING: Plaintiff Luis Renee Boza's Motion...

Excerpt: ...tending that Plaintiff fails to allege sufficient facts to demonstrate that it has standing to bring this action. The Court notes that Plaintiff fails to file a proof of service to show when the Summons and Complaint were served on Bautista, so the Court cannot determine if the Demurrer is timely under CCP § 430.40(a). Nevertheless, because there is no opposition from Plaintiff on this point, and because the failure to allege sufficient facts is...

Excerpt: ...ime he promptly moved for relief. TENTATIVE RULING: Defendant James Harvey Tipler's Motion to Vacate Judgment is DENIED. Discussion Plaintiff State Bar of California (“Plaintiff”) filed a Request for Entry of Judgment on March 8, 2018. Judgment was entered against Defendant James Harvey Tipler (“Defendant”) on the same date. Proof of service of the Request for Entry of Default was filed on September 27, 2018 and demonstrates service on De...

Excerpt: ...0580047004a[ment was entered against her on October 29, 2018. Jorge was dismissed from the action on October 29, 2018. On February 1, 2019, Stephanie filed the instant motion to vacate default and default judgment. Plaintiff filed her opposition on March 25, 2019. The motion initially came for hearing on April 8, 2019, at which time it was continued for further briefing. Discussion Defendant seeks an order vacating the default and default judgmen...

Excerpt: ...nfirms that the traffic signal at the intersection where the accident occurs switches from green to red within a few seconds, thereby failing to give motorists enough time to enter and exit the intersection. The facts presented here were known to the County when it brought its first motion for summary judgment. The issues on which this motion is based were already adjudicated in Lee's favor in the original motion. Cross-Defendant Southern Califor...

Excerpt: ...allege sufficient facts to demonstrate that it has standing to bring this action. The Court notes that Plaintiff fails to file a proof of service to show when the Summons and Complaint were served on Lopez, so the Court cannot determine if the Demurrer is timely under CCP § 430.40(a). Nevertheless, because there is no opposition from Plaintiff on this point, and because the failure to allege sufficient facts is not a ground waivable by an untime...

Excerpt: ...odman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.) Finally, CCP section 430.41 requires that “[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 an agreement can be reached that...

Excerpt: ...fendant”) on January 5, 2018. Defendant filed the instant motion to enforce settlement on February 14, 2019. To date, no opposition has been filed. The motion is made pursuant to Code of Civil Procedure, section 664.6. Strict compliance with the statutory requirements of CCP section 664.6 is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) ...