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