Excerpt: ...9. TENATATIVE RULING Defendant EAN Holdings, LLC's Demurrer to the Complaint is sustained without leave to amend. ANALYSIS On July 3, 2018, Plaintiffs Darlyn Tan, Ricardo Pascual, Kimberly Urrtia, and Michael Ascencion (“Plaintiffs”) filed the instant action against Defendants EAN Holdings, LLC (erroneously sued as EAN Holdings, LLC dba Alamo Rent-A-Car), and Jain Feng (“Defendant Feng”). The Complaint alleges causes of action for motor v...

Excerpt: ...version or interference with prospective economic advantage. OPPOSITION: Defendants continue to litigate this action in the pleading stage despite the court having determined that the conversion and interference with prospective economic advantage were sufficiently pled in ruling on Defendant Gagig's demurrer to the original Complaint. REPLY: None filed as of April 16, 2019. TENTATIVE RULING: Defendants Clean Casting Jewelry, Inc.'s and Vahe Sarg...

Excerpt: ...re than the difference between the security and the debt”].) On January 28, 2019, Plaintiff filed a Motion for Summary Judgment (the “Motion”) on the only claim for deficiency balance in the Complaint. The Motion is based on Plaintiff's requests for admissions to Defendant, the truth of which the Court deemed admitted on October 3, 2018, and other evidence. OPPOSITION<0003000300030003000300 0003000300030003003e[ ] Late [X] None REPLY<000f00...

Excerpt: ...Complete and truthful testimony was a condition precedent for Plaintiff's contractual indemnity claim. TENTATIVE RULING: Defendants Moe Siry and Siry Investments, L.P.'s Motion for Summary Judgment is denied. Plaintiff Mehrdad Okhovat's request for attorneys' fees as sanctions pursuant to Code of Civil Procedure section 437c, subdivision (j) is also denied. ANALYSIS: Background Plaintiff Mehrdad Okhovat (“Plaintiff”) filed the instant action ...

Excerpt: ...Cal.App.4th 1057, 1064.) “The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authorities, except a...

Excerpt: ...wing the filing of Defendant's demurrer, Plaintiff filed a First Amended Complaint on December 24, 2018. The First Amended Complaint was later struck as untimely. (Minute Order, dated 01/23/19.) On December 31, 2018, Plaintiff dismissed Morisset from the action with prejudice. On the same date, the court sustained Defendant's demurrer to the Complaint without leave as to the first cause of action for breach of contract, and with leave to amend as...

Excerpt: ...he 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 brought under CCP § 43...

Excerpt: ...onform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself: the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.'” (Sayta, supra, 17 Cal.App.5th at p. 966, italic added.) Here, the R...

Excerpt: ...cation,” this action will “proceed as a limited civil case.” (CCP § 403.040(d)(3).) All hearing and trial dates are ADVANCED to today's date and VACATED. I. Background On April 20, 2017, Plaintiff Michelle Francioni (“Plaintiff”) brought this action for personal injuries against Defendants Kevin Murphy and Brian Murphy (collectively, “Defendants”). On March 11, 2019, Plaintiff filed a Motion for Reclassification from Limited Jurisd...

Excerpt: ...vely, “Defendants”). On October 17, 2017, the default judgment was renewed. On March 9 and June 20, 2018, Pedro Velazquez Sr. and Edelmira Velazquez (“Moving Defendants”) filed a Motion to Vacate the Renewal of Judgment (the “Motion”) under CCP § 683.170 on the ground of improper of the Summons and Complaint. On June 20 and August 27, 2018, Plaintiff filed a First and Second Opposition. At the first hearing on September 12, 2018, the...

Excerpt: ...dlord, Defendant C&S Enterprises #1, LP (“Defendant”) for unpaid security deposit, among other things. On March 6, 2019, Defendant filed a Demurrer to the Complaint. On March 18, Plaintiff filed an Opposition. Defendant replied on March 19. II. Discussion A. Meet and Confer "Before 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 s...

Excerpt: ...2002, and default judgment on October 29, 2002. Plaintiff renewed the judgment on August 30, 2010. On January 11, 2019, Defendant filed the instant motion to vacate entry of default and default judgment. The matter initially came for hearing on February 11, 2019 and was continued to March 28, 2019. Plaintiff filed its opposition on March 13, 2019. To date, no reply has been filed. Discussion Defendant moves to vacate the default and default judgm...

Excerpt: ...iffs filed their opposition on March 13, 2019, and Defendant replied on March 18, 2019. Discussion Plaintiffs' Complaint alleges a single cause of action for motor vehicle negligence based on an accident that occurred on September 15, 2017 at 3rd Street and Highland Avenue in Los Angeles, California. (Compl., ¶MV-1.) They also allege that Defendant Rachal was driving the motor vehicle owned by Defendant Avis. (Id. at ¶¶MV-2.) No other facts ar...

Excerpt: ...n opposition. Villa v. McFerren (1995) 35 Cal.App.4th 733. When a Defendant or Cross-Defendant seeks summary judgment, he/she must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. CCP § 437c(p)(2). When a Plaintiff or Cross-Complainant seeks summary judgment, he/she must produce admissible evidence on each element of each cause of action on wh...

Excerpt: ...s 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 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 extrinsi...

Excerpt: ... on Defendant was filed on June 20, 2018. Following Defendant's failure to file a response to the Complaint, the court entered his default on August 21, 2018. Default judgment was entered on September 25, 2018. On October 16, 2018, the court denied Defendant's ex parte application to set aside the default and default judgment. Defendant filed the instant motion to set aside the default and default judgment on October 30, 2018. Plaintiff filed its...

Excerpt: ... filed on June 19, 2017. Following Defendants' failure to appear, the court entered Defendants' default on April 17, 2018. On May 7, 2018, Defendants filed their Answers. The court entered default judgments against Defendants on July 25, 2018. Defendants filed the instant motion on January 10, 2019. Plaintiff filed his opposition on February 21, 2019. Defendants move pursuant to Code of Civil Procedure, section 473, subdivision (b), for mandatory...

Excerpt: ...mobile subrogation against Defendants Orlando Valladolid (“Defendant Valladolid”) and Candy Perez (“Defendant Perez”) on March 14, 2013. On October 21, 2015, the Court set an OSC re: sanctions for failure to file documents necessary to bring the matter to trial or effect a final disposition for November 3, 2015. On November 3, 2015, the Court continued the OSC to January 4, 2016, granting Plaintiff an additional 60 days to submit an order...

Excerpt: ...004) 123 Cal.App.4th 1057, 1064.) “The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authorities,...

Excerpt: ...vided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” Discussion On October 10, 2014, the Agua Fria Justice Court in the State of Arizona entered judgment in favor of Plaintiff Rancho Bella Vista Homeowner...

Excerpt: ... 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 <0047004800510046004800 0046005200510056004c[dered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 ...

Excerpt: ...int on Defendant was filed on June 20, 2018. Following Defendant's failure to file a response to the Complaint, the court entered his default on August 21, 2018. Default judgment was entered on September 25, 2018. On October 16, 2018, the court denied Defendant's ex parte application to set aside the default and default judgment. Defendant filed the instant motion to set aside the default and default judgment on October 30, 2018. Plaintiff filed ...

Excerpt: ...ture”) pursuant to an Order, Decision or Award (“ODA”) issued on April 18, 2017. Judgment was entered against Defendants on the same date. The Labor Commissioner now moves to set aside the judgment against CISCO pursuant to Code of Civil Procedure section 473, subdivision (d), which provides in relevant part: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered...

Excerpt: ...zco (collectively, “Petitioners”) and against Respondents Valley View Properties, Inc. and Jose Diaz (collectively, “Respondents”) in the sum of $21,125. (Pet., Attach. 8b; Attach. 8(c).) On August 10, Petitioners filed a Petition to Confirm Arbitration Award (the “Petition”). The Petition came for hearing on January 2, 2019, at which time was continued to allow Petitioner to cure certain defects. Petitioner filed a First Amended Peti...

Excerpt: ...d in its favor and againstRespondent Ticket Out Productions, LLC. (“Respondent”). 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 <0045004800480051000300 49004c004f004800470011[ Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacat...