Excerpt: ...y are high-frequency litigators, and the Complaint alleges facts sufficient to state a cause of action. REPLY: The opposition does not address the deficiencies in the Complaint. 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 demurrer to challenge the truthfulness...

Excerpt: ...torneys' fees. Furthermore, much of the time billed was not necessary to the defense of this action. REPLY: The indemnity provision must be interpreted to provide for attorneys' fees to the prevailing party. Plaintiff's strong-arm tactics required a significant effort on defense by Defendant. ANALYSIS Legal Standard <004c004000510003004400 00510003005200510003[a contract, where the contract specifically provides that attorney's fees and costs, wh...

Excerpt: ...nd Kurosh Kay (“Mr. Kay”) on June 22, 2018. The parties then proceeded to discovery. On November 26, 2018, Plaintiff noticed a deposition of Winger's Inc.'s person most knowledgeable (“PMK” or “PMQ”) for December 17, 2018. (Motion, Abramson Decl. ¶ 4, citing to Exh. 1.) On December 12, 2018, Winger's Inc.'s counsel indicated that someone named Mr. Khodayeki would be attending the PMQ deposition. (Id., Abramson Decl. ¶ 5, citing to E...

Excerpt: ...laintiff Garcia is prohibited from presenting evidence, including witness testimony, at trial regarding the above categories of information: (1) Defendant's alleged breach of contract; and (2) Plaintiff Garcia's alleged damages. REQUEST FOR RELIEF: Grant terminating sanctions against Plaintiffs for their failure to comply with the court's earlier orders regarding discovery responses. Alternatively, grant issue, evidence or monetary sanctions. OPP...

Excerpt: ...er to the Complaint on May 15, 2019. II. Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) “The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris ...

Excerpt: ... Bench Producers”) (“Respondent”). The Court, however, cannot consider the Petition at this time. II. Discussion “The prevailing party in an arbitration therefore may petition the court to confirm an award; the losing party may petition to modify or vacate the award entirely. [Citations.]” (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 765.) A. Service of Petition CCP § 1286.8 states in pertinent part: “The court may not correct a...

Excerpt: ...'s purchase of a used vehicle, namely a 2013 Nissan Altima 4C, from nonparty Family Auto Group, Inc. dba Familia Motors. (Compl. ¶¶ 3, 14.) Defendant is the holder of that sales contract of the vehicle. (Id. ¶ 6.) On March 28, 2019, Plaintiff brought the instant Petition to Compel Arbitration (the “Petition”), contending that Defendant failed to submit to arbitration as required by the sales contract. Defendant filed an Opposition on May 2...

Excerpt: ... 2019, Defendant filed a Motion to Vacate Default (the <004f000300510052005700 4c004600480011[ II. Legal Standard “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.” (CCP § 473.5(a)...

Excerpt: ...��), and Annie Eum aka Ann Eum (“Annie”) (erroneously sued as separate individuals, “Annie Eum” and “Ann Eum”) (collectively, “Defendants”). On July 11, 2018, Plaintiff filed the operative First Amended Complaint (the “FAC”). Defendants filed the instant Motion to Quash Service of the Summons (the “Motion”) on November 29, 2018 and an Amended Motion to Quash Service (the “Amended Motion”) on May 17, 2019. The Court con...

Excerpt: ... relate to Attorney Smith. The Court believes it can be fair and impartial and does not believe that the foregoing circumstances warrant recusal. Any party who contends that disqualification or recusal is required must file a verified statement of disqualification for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. TENTATIVE RULING: Defendant Helen Xu'...

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 bro...

Excerpt: ...t alleged causes of action for (1) breach of contract; and (2) common counts. On March 14, 2019, the court sustained Defendants' demurrer to the Complaint with 20 days' leave to amend and placed their motion to strike portions of the Complaint off calendar. On April 30, 2019, the court denied Defendants' Motion to Dismiss Plaintiff's Complaint with Prejudice for lack of exigency and ruled that Defendants could file a noticed motion for the relief...

Excerpt: ...dant a motion to vacate the entry of default and default judgment. The matter initially came for hearing on September 11, 2018, at which time it was continued to September 13, 2018 to allow Defendant to file proof of service of the motion, notice of the continuance of this hearing date, and any papers to correct the evidentiary deficiencies in his moving papers. Defendant was also ordered to serve such papers and file a proof of service of the sa...

Excerpt: ...lity against Defendant Timothy Grady (“Defendant”) on January 22, 2016. Following a trial held on July 24, 2017, judgment was entered in Plaintiff's favor. On October 12, 2017, the court awarded Plaintiff attorneys' fees and costs. Two months later, Defendant filed a motion to vacate the judgment based on excusable neglect that the court granted on February 20, 2018. Trial was then rescheduled, and after multiple continuances, held on January...

Excerpt: ...�Yi”). Yi cross-complained for unfair business practices, fraud, and abuse of process against Fontano and H.J. Sims (“Sims”). Default was entered against Fontano on November 14, 2012, and against Sims on March 14, 2013. Judgment was entered jointly and severally against Fontano and Sims on April 24, 2015, in the amount of $16,650.00. On July 20, 2016, the court granted Fontano's motion to set aside the entry of default and default judgment ...

Excerpt: ... action pursuant to the Agreement. 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 settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settleme...

Excerpt: ...N: Untimely filed on May 22, 2019. TENTATIVE RULING: On June 21, 2016, Los Angeles Unified School District (“the District”) filed the instant action to recover allegedly mistaken wage overpayments made to dozens of employees, including Roshini Das (“Das”). On August 23, 2018, Das filed her First Amended Cross- Complaint. On October 25, 2018, the court reclassified this case to a court of unlimited jurisdiction due to the claims in the Fir...

Excerpt: ... James A. Ovenden (“Ovenden”). On May 1, 2019, Defendants Shiomoto and DMV (collectively, “Moving Defendants”) filed a 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. II. Legal Standard “A demurrer tests the legal sufficie...

Excerpt: ...uest to Seal Records Together with the Amended Petition, Petitioner lodged Claimant's medical records conditionally under seal and filed an application for an order sealing the medical records. Under Cal. Const., art. I, § 3, subd. (b)(1), “The people have the right of access to information concerning the conduct of the people's business.” “[A] constitutional right of access to certain court documents grounded in the First Amendment. [Cita...

Excerpt: ...1b>, Judgment Creditor filed an Assignment of Judgment, assigning its right to the judgment to Sacor Financial, Inc. (“Sacor”). As the assignee of judgment, Sacor filed the instant Motion for Assignment Order <0055005c00030015001b00 00370052000300470044>te, no opposition has been filed. Sacor asks for an assignment order with respect to all Judgment Debtor's fees for rides, tips and bonuses earned as an Independent Contractor for Uber Technol...

Excerpt: ...1b>, Judgment Creditor filed an Assignment of Judgment, assigning its right to the judgment to Sacor Financial, Inc. (“Sacor”). As the assignee of judgment, Sacor filed the instant Motion for Assignment Order <0055005c00030015001b00 00370052000300470044>te, no opposition has been filed. Sacor asks for an assignment order with respect to all Judgment Debtor's fees for rides, tips and bonuses earned as an Independent Contractor for Uber Technol...

Excerpt: ...g 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 purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. However, in construing the allegations, the court is to give effect t...

Excerpt: ...dgment, and Motion to Quash Service of Summons is continued to July 17, 2019 at 8:30 am in Department 94. Discussion <004f004800030030004400 00480052005a00510048[rs Association (“Plaintiff”) filed this action against Defendant Forrest Bailman (“Defendant”). Plaintiff's application for publication was granted on May 7, 2013. Following his failure to respond, default was entered against Defendant on August 7, 2013, and default judgment was ...

Excerpt: ... petition on December 14, 2011. On October 23, 2018, the court set the hearing on the Petition for December 20, 2018, and ordered Petitioner to provide notice of the hearing on all parties to this action, and file proof of service thereof. At the hearing on December 20, 2018, neither party appeared. The court found Petitioner had not complied with the service requirements under Code of Civil Procedure section 1290.4 and continued the matter to Fe...

Excerpt: ...aintiff Garcia's ignorance is no excuse for failing to respond. Pro per litigants are held to the same standards as attorneys. The responses provided are deficient, warranting an issue or evidence sanction. ANALYSIS-TENTATIVE RULING: Defendant Brock Plumbing, Inc.'s Motions for Terminating Sanctions, or in the alternative, for an Order Imposing Evidentiary and/or Issue Sanctions, and for Monetary Sanctions is GRANTED in part, and DENIED in part. ...

Excerpt: ...firms 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 Californ...

Excerpt: ... statute. TENTATIVE RULING: Defendants Ashot Manukian and Marina Manukian's Motion for Reconsideration is DENIED. Discussion Plaintiff Rafael D. Miranda (“Plaintiff”) filed the instant action for breach of contract, promissory fraud, and common counts against Defendants Ashot Manukian and Marina Manukian on December 30, 2015. A First Amended Complaint was filed on June 19, 2017. Following Defendants' failure to appear, the court entered Defen...

Excerpt: ...s, however, failed to pay the money judgment. In order to effectuate the enforcement of judgment, the Court issued an Assignment Order on May 2, 2018, assigning Defendants' right to payments from the Center for Medicaid and Medicare Services (“CMS”) to Plaintiff under CCP § 708.510 and 42 C.F.R. §§ 424.86, 424.90. Plaintiff then sought to enforce the assignment order, but Noridian Healthcare Services, LCC (“Noridian”), an entity to whi...

Excerpt: ...lifornia Automobile Insurance Co. (“Plaintiff”) paid to nonparty Warren Rositter (“Mr. Rositter”). (Compl. ¶¶ 8, 13.) The controversy originates from a September 11, 2016 car accident involving Robert Lopez (“Mr. Lopez”), who was a driver insured by Plaintiff. (Id. ¶¶ 7, 17.) Mr. Rositter, an insured of Defendant, was a passenger in Mr. Lopez's car at the time of the accident and, as a result, suffered personal injuries. (Id. ¶¶...

Excerpt: ...ctober 2018. Plaintiff then filed a first amended complaint on September 19, 2018. On March 18, 2019, Plaintiff filed the instant Motion for Leave to File Second Amended Complaint (the “Motion”). II. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, o...

Excerpt: ...��). Pursuant to the Application for Entry of Sister State Judgment, filed on May 16, 2017, this court entered judgment against Defendants in the amount of $4,871.30. On January 7, 2019, Plaintiff filed the instant Motion for Award of $3,025.00 in Attorney's Fees and $574.25 in Costs (the “Motion”),totaling $3,599.25. In the Motion, Plaintiff asks the Court to take judicial notice of certain exhibits, but the Court may consider the exhibits w...

Excerpt: ... to resolve their contractual dispute. (Ahluwalia Decl. ¶ 2, Exh. A.) Pursuant to the Settlement Agreement, Defendants fulfilled their obligation to pay Plaintiff $18,000, but Plaintiff failed to fulfill his obligation to dismiss this action. For this reason, Defendants brought the instant Motion to Enforce Settlement Agreement (the “Motion”) on March 21, 2019. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipul...

Excerpt: ...ctively, “Defendants”). Before the Court is Plaintiff's Motion for Award of Attorney's Fees and Costs (the “Motion”), filed on March 13, 2019, seeking $2,478.05 in attorney's fees and costs for enforcing the judgment. In the Motion, Plaintiff asks the Court to take judicial notice of certain exhibits, but the Court may consider the exhibits without granting the request for judicial notice. Thus, the Court need not rule on the request and ...

Excerpt: ...ount of $5,432.75, Plaintiff brought the instant Motion to Enforce Settlement Agreement(the “Motion”) on February 4, 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 settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requeste...

Excerpt: ...uction of Documents and Form Interrogatories, and to Request for Monetary Sanctions are GRANTED IN PART.  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 GRANTED. I. Background This action arises from a contractual dispute between Plaintiff Romex Textiles, Inc. (“Plaintiff”) and Defendant Mosh Company, Inc. (�...

Excerpt: ...brought by his former wife, who was the owner of the subject motor vehicle. Nor has Plaintiff alleged a breach of contract. The insurance policy is clear that the damage to the vehicle is not covered and Plaintiff cannot bring in extrinsic evidence to contradict it. TENTATIVE RULING: Demurrer of Defendant United Services Automobile Association to Plaintiff Jon Collard's Third Amended Complaint is sustained with 20 days' leave to amend. Legal Stan...

Excerpt: ...three minutes and without any apparent distress. Furthermore, any alleged defect on the premises did not create an unreasonable risk of harm, and Defendant routinely and adequately maintained the premises such that it did not breach any duty of care owed to Plaintiff. OPPOSITION: None filed as of May 15, 2019. REPLY: None filed as of May 15, 2019. TENTATIVE RULING: Defendants JMI Steel, Inc. and Romeo Villacorta's Motion for Summary Judgment is g...

Excerpt: ...cussion Plaintiff Michael William Swain, Jr. (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant City of Santa Monica (“Defendant”) on December 12, 2016. On January 3, 2019, the court conditionally granted Plaintiff's counsel's motion to withdraw as counsel. On January 10, 2019, the court granted Defendant's motion to compel Plaintiff's independent medical examination (“IME”) on December 13, 2018. Def...

Excerpt: ...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 excusable neglect. Nor is he entitled to any equitable remedies because he had notice of this action...

Excerpt: ...r 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 brought u...

Excerpt: ... of whether or not the opposing party files an 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...

Excerpt: ...ry 30, 2019, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”) under CCP § 473(d) for lack of personal jurisdiction. Defendant contends that the substituted service of the Summons on her was improper and, therefore, the default and default judgment are void. <004700440051005700b600 00560048004700030030[otion to Vacate Default and Default Judgment pursuant to Code of Civil Procedure section 473, subdivision (d). P...

Excerpt: ...e 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 extrinsic evidence can be considered (i.e., no “spea...

Excerpt: ...house on May 26, 2017, the action was transferred to this courthouse and reclassified to limited jurisdiction court on May 17, 2018. Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant Amazing Snow, LLC (“Defendant”) on July 16, 2018 for (1) breach of contract, (2) negligence, and (3) and intentional interference with contractual relations. Plaintiff dismissed former defendant Massino Arcella dba Massi Gelati (...

Excerpt: ...to CCP § 1005. I. Background On December 29, 2017, Plaintiff Mercury Insurance Co. (“Plaintiff”) filed this subrogation action against Defendants Harkirit Singh (“Singh”) and AKB Transport, Inc. (collectively, “Defendants”). A default was entered against Defendants on March 7, 2018,and a default judgment was entered against Defendants on July 23, 2018. <0046004400570048000300 0058004f005700030044[nd Default Judgment (the “Motion”...

Excerpt: ...ent in favor of Plaintiff Foreman Financial, Inc. (“Plaintiff”) and against Defendants. On October 26, 2018, Vargas filed a Motion to Vacate Default and Default Judgment (the “Motion”) under CCP § 473.5. Plaintiff filed its opposition on February 21, 2019. On March 13, 2019, Vargas filed a supplemental declaration. II. Discussion A. Defendant South Bay, LLC aka Southbay Depot, LLC dba United Auto Depot “Since the passage of the State B...

Excerpt: ...6. Approximately ten years later, Defendant sought to vacate the judgment, but Judge Mark Borenstein (Dept. 44) denied the motion in August 2016. (8/17/16 Minute Order.) The judgment was subsequently renewed on September 1, 2016. Later that September, Defendant appeal Judge Borenstein's denial of its motion to vacate judgment. (9/30/16 Notice of Appeal.) The Court of Appeal, Second Appellate District affirmed Judge Borenstein's ruling on the deni...

Excerpt: ...ing completion of arbitration. I. Background On February 14, 2019, Plaintiffs Gregoria Gonzalez and Juan Matamoros (collectively, “Plaintiffs”) filed this action for violation of consumer rights and for unfair business practices against Defendants La Playita Auto Sales, Inc. (“La Playita”), Metropolitan Finance, LLC dba Universal Financial Co. (erroneously sued and named as “Universal Financial Co.”) (“Metropolitan”), and Traveler...

Excerpt: ...a Summons and Complaint by substitution on December 15, 2018 at 7433 Fairway Dr., Yucca Valley, CA 92284 (the “premises”). (10/12/18 Proof of Service of Summons.) Defendant's counsel retained an investigator to cold call the premises, and the investigator discovered that the resident of the premises was Brandon D. Greenwood (“Mr. Greenwood”) and no one by the name of Defendant lived there. (Motion, Feldman Decl. ¶¶ 4-5.) For this reason...

Excerpt: ...ATED. A nonappearance case review re Status of Reclassification Fee Payment is scheduled for June 28, 2019 at 8:30 a.m. in Dept. 94. I. Background Plaintiff Ara Asaduriyan (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Jong Son Cho (“Defendant”) on June 8, 2018. Defendant filed his Answer on August 9, 2018. Plaintiff filed the instant motion to reclassify the action to a court of unlimited jurisdicti...

Excerpt: ...Haiem (“Haiem”), Shawdon Javadizadeh (“Javadizadeh”), Jacob Lavian (“Lavian”), and Yasha Torabi (“Torabi”) against Defendants Desmond B. Keenan (“Desmond”) and Corry M. Keenan (“Corry”) (collectively, “Defendants”) on the Complaint. (See 9/18/18 Minute Order.) Judge Mohr also ordered that another judgment in the sum of $3,863 be entered on the Cross-Complaint in favor of Cross- Complainants Desmond and Corry against Cr...

Excerpt: ..., 2019. TENTATIVE RULING: Defendant Krystal Antoinette Holguin's Motion to Vacate Default and Default Judgment is DENIED. Defendant moves for equitable relief from the default and default judgment. Equitable relief from a default judgment can be sought at any time on the ground of extrinsic mistake. (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1300; Olivera v. Grace (1942) 19 Cal.2d 570, 576.) There are three essential requirements...

Excerpt: ...ls to allege any facts to state a cause of action. OPPOSITION: The statute of limitations was tolled by the delayed discovery rule. Cross- Defendant fraudulently concealed the taking of the money. REPLY: The delayed discovery rule does not apply where the claimed harm is discovered during the applicable statute of limitations period. TENTATIVE RULING: The demurrer to the First Amended Cross-Complaint is OVERRULED. Cross-Defendant Rebecca Acosta i...

Excerpt: ... Code of Civil Procedure section 2033.420 is GRANTED in the amount of $14,935.00. Discussion On May 18, 2017 Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed this action against Defendant Stuart M. Lynch (“Defendant”) for breach of indemnity agreement. Defendant filed an Answer denying he signed the indemnity agreement, and filed a Cross-Complaint for breach of contract. Plaintiff now moves for costs pursuant to Code o...

Excerpt: ...fication fee to be paid within 15 days of this order. Legal Standard Code of Civil Procedure section 403.040 provides in relevant part: “(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The...

Excerpt: ... Exchange of Automobile Club (“Plaintiff”) filed this action against Defendant Joseph A. Knox (“Defendant”) for common counts and unjust enrichment. The court entered Defendant's default on November 22, 2010, and default judgment on November 29, 2010. On January 7, 2019, the court denied Plaintiff's ex parte application to vacate the judgment due to fraud. Plaintiff filed the instant Motion to Vacate Default and Default Judgment (the “M...

Excerpt: ...s based on a contract is bound by its terms, including any provision to arbitrate. Nor is the motion untimely, since the arbitration clause gives the parties one year to file a demand. TENATIVE RULING: Defendants Molina Healthcare of California and Matt Schueren's Motion to Compel Arbitration and for Stay of Proceedings is GRANTED. Legal Standard Code of Civil Procedure, section 1290.4 provides that service of a petition to compel arbitration “...

Excerpt: ...the supplemental papers may result in the Motion being taken off calendar or denied. Opposition and reply papers are to be filed per the Code of Civil Procedure. Discussion On February 21, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiffs”) filed this action for automobile subrogation against Defendant Janet Cruz (“Defendant”). On January 14, 2019, the Court granted Plaintiff's motion to compel Defendant's respon...

Excerpt: ...t judgment on May 12, 1999. The judgment was first renewed on March 18, 2009 and then again 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 opp...

Excerpt: ... contractual relationship ended in May, 2016. (Id. at ¶4.) In December, 2015, the dissolution proceeding ended with a stipulation for entry of judgment pursuant to which Defendant received certain real property as her sole and separate property. (Id. at ¶5.) In July, 2016, Plaintiff filed a Notice of Lien in the dissolution proceeding. (Id. at ¶6 and Exh. 2.) In October, 2017, Plaintiff filed an Amended Notice of Lien and recorded it with the ...

Excerpt: ...tive damages and granted without leave to amend as to the request for attorneys' fees. ANALYSIS: Background On December 17, 2018, Plaintiff Sabrina Schloss (“Plaintiff”) filed the instant action for medical malpractice and other claims against Defendants Studio City Orthodontist, Joshua Candelaria, and Katayoon Shafagh, D.D.S. (“Defendants”). Defendants filed the instant demurrers and motions to strike on March 7, 2019. They are accompani...

Excerpt: ...resolve their dispute. (See Doss Decl. ¶ 3, Exh. A.) Because Defendant failed to fulfill its obligations under the Settlement Agreement, Plaintiff filed a Motion to Enforce Settlement Agreement (the “Motion”) on March 25, 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 settlement of the case, or par...

Excerpt: .... Trial is set for August 19, 2019 at 8:30 a.m. in Department 94. All discovery cut-off dates follow the new trial date. I. Background This action arises from an automobile accident involving Plaintiff Victor Nava Valdez (“Plaintiff”) and Defendant Nellie Hernandez Berumen. On January 14, 2019, the Court dismissed this action without prejudice because Plaintiff failed to appear for trial. On March 7, 2019, Plaintiff filed a Motion to Vacate D...

Excerpt: ...an automobile accident between Plaintiff Victor Barrera-Maldonado (“Plaintiff”) and Defendant Jorge Arevalo (“Defendant”). A default was entered against Defendant in June 2017, and a default judgment was entered against him in April 2018. On April 4, 2019, Defendant filed a Motion to Quash Service of Process and Vacate Default and Default Judgment (the “Motion”). Defendant was served with the Summons and Complaint by substituted servi...

Excerpt: ...kground On February 5, 2019, Plaintiff Nathaniel J. Friedman (“Plaintiff”) filed this breach-of-contract action against Defendants NK Beverly Hills Corp. (“NK”) and Shah Kashfi (“Kashfi”) (collectively, “Defendants”). This action arises from a commercial lease agreement (the “Lease”) signed by Plaintiff and NK. (Compl., Exh. A p. 5.) On March 13, 2019, Defendants filed their Demurrer to and Motion to Strike the Complaint. Plai...

Excerpt: ...mended Complaint (the “FAC”), erroneously titled as a “Cross-Complaint,” the Court sustained Defendant's demurrer to the FAC with leave to amend on January 29, 2019. A day later, Plaintiff filed a three-page Second Amended Complaint (the “SAC”). On March 21, 2019, Defendant filed another Demurrer to the SAC. Plaintiff has not filed an opposition to the pending demurrer. II. Meet and Confer “Before filing a demurrer pursuant to this ...

Excerpt: ...il 18. Defendant replied on May 2. The controversy at issue arose from Defendant's store in West Hills on the morning of January 13, 2018 when Plaintiff, who is African American, asked a female employee to use the restroom there. (Oppo., Resp. to UMF Nos. 4, 8-9.) The restroom required a code to be opened, and under Defendant's policy, the code was only given to customers. (Id., Resp. to UMF Nos. 2- 3.) Defendant claims it had this policy in orde...

Excerpt: ...ication for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. TENTATIVE RULING: Plaintiff First Capitol Consulting, Inc.'s Motions to Compel Defendant Gen Restaurant Management, LLC's Further Responses to the Requests for Admissions and Requests for Production of Documents, and to Request for Monetary Sanctions are GRANTED. Defendant Gen Restaurant Manag...

Excerpt: ...nse to the supplemental evidence in accordance with CCP § 1005. Briefing will close after Defendant's filing, if any. I. Background After Plaintiff Rosa Henriquez (“Plaintiff Henriquez”) and Juan Sandoval (“minor Plaintiff”) filed this action against Defendant Edgar Pineda (“Defendant”) on January 11, 2017, the parties proceeded to arbitration to resolve their dispute. On October 9, 2018, the arbitrator issued an award in favor of Pl...

Excerpt: ...st the City of Rosemead. In fact, the County's government claim against the City was denied in early November 2018. The court should exercise its discretion to deny leave to file the proposed cross- complaint. REPLY: The County sought numerous times to resolve this dispute without court intervention. It is only due to the fact that the City dismissed these attempts without good reason that the County now seeks leave to bring its cross-complaint. ...

Excerpt: ... of May 1, 2019. REPLY: None filed as of May 1, 2019. Plaintiff filed the instant motion for terminating sanctions on March 14, 2019 due to Defendants' failure to comply with the court's December 6, 2018 order. To date, no opposition has been filed and Defendants have not complied with the court's December 6, 2018 order. (Motion, Mendelson Decl., ¶3.) Where a party willfully disobeys a discovery order, courts have discretion to impose terminatin...

Excerpt: ... 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 judgment. TENATIVE RULING: The hearing on Defendant's Motion to Vacate Default and Default Judgment, and Motion to Quash Service of Summons is co...

Excerpt: ...: The motion is untimely, does not satisfy the meet and confer requirements, and is moot since the PMQ deposition is currently scheduled for May 7, 2019. REPLY: None filed as of May 1, 2019. TENTATIVE RULING: Plaintiff Mariscos Bahia, Inc.'s Motion for an Order Compelling Deposition of Defendant Winger's Inc.'s Person Most Qualified, and for Monetary Sanctions is continued to July 8, 2019 at 8:30 am in Department 94. Code of Civil Procedure secti...

Excerpt: ...heir failure to file responsive pleading, the court entered Defendants' defaults on May 23, 2018 and default judgments on September 5, 2018. On March 20, 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 128, on the grounds that the court can amend its orders to conform to the law. Alternatively, it is brou...

Excerpt: ...f summons was filed on March 5, 2019. On March 29, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint (the “Motion”). To date, no opposition has been filed. Timing of Motion “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good causeallow, may serve and file a notice of motion for one or more of the following purposes: To quash service of su...

Excerpt: ...uzman dba Iguana's Bar (“Defendant Guzman”). Following both Defendants' failure to file a responsive pleading to the First Amended Complaint, the court entered their defaults on November 6, 2017, and default judgments on September 10, 2018. On March 8, 2019, Defendant Guzman filed the instant motion to vacate the entry of default and default judgment. To date, no opposition has been filed. The court initially notes that the motion is not acco...

Excerpt: ...dence, including witness testimony, at trial regarding the above categories of information: (1) Defendant's alleged breach of contract; and (2) Plaintiff Garcia's alleged damages. Discussion On December 7, 2017, Plaintiffs Faye Garcia and Charles Taylor (collectively “Plaintiffs”) filed this action for breach of contract against Defendant Brock Plumbing, Inc. (“Defendant”). On September 10, 2018, the Court granted Defendant's motion to co...

Excerpt: ...1. An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. 2. An order staying further proceedings by that party until an order for discovery is obeyed. 3. An order dismissing the action, or any part of the action, of that party 4. An order rendering a judgment by default against that party.” (CCP § 2023.030(d).) The Court may impose terminating sanctions against anyone engagi...

Excerpt: ...(2004) 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 authoritie...

Excerpt: ...y matters that can be judicially noticed. [Citations.]” (Burnett v. Chimney Sweep (2004) 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 sh...

Excerpt: ...on for (1) Violation of Civil Code section 1950.5(b); (2) Violation of Civil Code section 1950.5(e); (3) Violation of Civil Code section 1950.5(f); (4) Violation of Civil Code section 1950.5(g); (5) Violation of Civil Code section 1950.5(l); (6) Breach of Contract; and (7) Unfair, Unlawful and Deceptive Business Practices. Defendant filed the instant demurrer on March 6, 2019. Plaintiff filed her opposition on March 18, 2019, and Defendant replie...

Excerpt: ...oof of Service of Summons for June 19, 2019 at 8:30 a.m. in Department 94. I. Background <004b00440051004a004800 00240058005700520050[obile Club (“Plaintiff”) brought this subrogation action against Defendant Cherie Lynn Abney. On January 14, 2019, the Court dismissed this action without prejudice because Plaintiff failed to appear for trial. On March 13, 2019, Plaintiff filed a Motion to Vacate Dismissal (the “Motion”) under the mandator...

Excerpt: ... 2018, Defendant served a deposition notice on Plaintiff Flores for September 20, 2018. On September 18, 2018, Plaintiff's counsel informed defense counsel that Plaintiff Flores would not appear, and he in fact, did not appear on September 20, 2018. Defendant is entitled to an order dismissing Plaintiff Flores from his action for his failure to comply with the court's order. Alternatively, grant appropriate issue and evidentiary sanctions preclud...

Excerpt: ...rmance), defendant's breach, and resulting damages. [Citation.] Less well-known are the common counts. ‘A common count is not a specific cause of action . . .; rather, it is a simplified form of pleading normally used to aver the existence of various forms of monetary indebtedness . . . .' [Citation.]” (Professional Collection Consultants v. Lujan (2018) 23 Cal.App.5th 685, 690.) “An action upon any contract, obligation or liability founded...

Excerpt: ... Respondent Chubb National Insurance Co. (“Respondent”), Petitioner moved the Court to confirm 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 a Motion for Attorney's Fees under CCP § 1717. On April 9, 2019, Respondent filed an Opposition. .Legal Standard A prevailing party is entitled to recover costs, including attorneys' fees, ...

Excerpt: ..., 2019, Plaintiff Sedona Gardens HOA (“Plaintiff”) applied for and obtained an entry of judgment against Defendant Joe Tseng (“Defendant”) from this Court based on another judgment from the State of Arizona. On October 5, 2019, Defendant filed a Motion to Vacate Sister-State Judgment (the “Motion”). Plaintiff filed an Opposition on April 17, 2019. II. Legal Standard CCP § 1710.40(a) provides that a judgment entered based on a sister ...

Excerpt: ...h 15, 2018, Plaintiff Carmen Portillo Barrientos (“Plaintiff”) filed this negligence action against Defendant Ramon Arias (“Defendant”). Because Plaintiff failed to attend her noticed deposition and to respond to Defendant's form and special interrogatories and requests for production of documents, the Court issued an order compelling her to attend her deposition, to respond the propounded discovery requests, and to pay monetary sanctions...

Excerpt: ...Polanco and Rigoberto C. Polanco (collectively, “Defendants”). After defaults were entered against Defendants, a default judgment was entered against them on September 21, 2018. On March 20, 2019, Plaintiff filed a Motion to Vacate Default Judgment (the “Motion”) under the mandatory provision of CCP § 473(b). The Court notes that Plaintiff only asks the Court to vacate the default judgment—not the defaults. (Notice of Motion pp. 1-2.) ...

Excerpt: ...eously sued as “Neyra Vurama Rameriz”) (“Ramirez”) and Jill Taymany (“Taymany”) on May 2, 2017 then dismissed the Complaint on July 24, 2018. The Ramirez, on June 12, 2017, filed a Cross-Complaint against Taymany. On January 24, 2019, Plaintiff filed a Motion to Vacate Dismissal (the “Motion”) under the mandatory provision of CCP § 473(b). II. Legal Standard “Notwithstanding any other requirements of this section, the court sha...

Excerpt: ...emorandum of costs to obtain costs. I. Background Seven months after Plaintiff Law Firm of Harold Greenberg (“Plaintiff”) a Complaint against his former client, Defendant Mansour Nowfar aka Mansour Mark Nowfar aka Nosratolloh Nowfar-Moghadam (“Defendant”), for failure to pay attorney's fees, Plaintiff filed a Petition for Confirmation of Arbitration Award (the “Petition”) on February 20, 2019. Plaintiff presents a copy of the Arbitrat...

Excerpt: ...ts of the University of California (“Defendant”). The parties have brought cross-motions for summary judgment. Defendant filed its Motion for Summary Judgment (“Defendant's MSJ”) on October 26, 2018, to which Plaintiff opposed on February 19, 2019 and Defendant replied on February 26. Plaintiff filed its Motion for Summary Judgment (“Plaintiff's MSJ”) on October 30, 2018, to which Defendant opposed on February 15, 2019 and Plaintiff r...

Excerpt: ...uly 2, 2018. On July 11, 2018, Plaintiff filed the First Amended Complaint. Defendants filed the instant motion to quash service of the Summons and Complaint on November 29, 2018. On December 24, 2018, Plaintiff filed five declarations in opposition to the motion to quash. At the hearing on January 17, 2019, the court continued the matter to allow Defendants to file supplemental declarations and for Plaintiff to file an opposing memorandum of poi...

Excerpt: ...he service of such petition and notice” and if the arbitration does not provide the manner in which service is to be made, service “shall be made in the manner provided by law for the service of summons in an <0044000c000f0003000b00 45000c0011000c> CCP Section 1281.2 states that “the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless...

Excerpt: ...alendar, or denied. Legal Standard “The court may impose a terminating sanction by one of the following orders: 1. An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. 2. An order staying further proceedings by that party until an order for discovery is obeyed. 3. An order dismissing the action, or any part of the action, of that party. 4. An order rendering a judgment by de...

Excerpt: ..., 2015. At the trial on December 21, 2015, the court found in favor of Defendant, who thereafter moved for attorneys' fees and discretionary costs against Plaintiff in the amount of $663,031.00, and for sanctions against Plaintiff in the same amount. On January 28, 2016, the trial court denied the request for fees on the grounds that the lease was unintelligible, and denied the request for sanctions for failure to comply with the 21-day safe harb...

Excerpt: ...t; 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 ...

Excerpt: ...property known as 23139 Ocean Avenue, Torrance, California (the “Dwelling”). On February 2, 2019, the court set the hearing on the Application for April 4, 2019. To date, no response has been filed to the Application. Legal Standard “Section 704.740 [] says[] a dwelling may not be sold to enforce a money judgment ‘except pursuant to a court order for sale obtained under this article ....' (§ 704.740, subd. (a).) The ‘article' referred ...

Excerpt: ...ed against him on March 15, 2010. On January 10, 2019, Plaintiff filed a Notice of Stay of Proceedings because Defendant was in a bankruptcy proceeding in federal court. On January 8, 2019, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”) under CCP §§ 473(d) and 473.5 and equitable relief. On January 16, 2019, Plaintiff filed an opposition. The matter initially came for hearing on January 29, 2019, at which tim...

Excerpt: ...ainst Defendants Robert Dafferner (“Defendant”) and Neysa Washington, Jr. (“Neysa”) On December 7, 2016, the court entered default against Defendant <0051005700480047000300 004d00580047004a0050>ent against Defendant and Neysa. On December 11, 2017, the court granted Defendant's motion to set aside the entry of default and default judgment against him and ordered Plaintiff to re-serve Defendant. This matter came for trial on June 11, 2018,...

Excerpt: ...Garrett J. Baker (“Defendant”). On December 18, 2018, Defendant filed a Motion to Quash Service of Summons and Complaint (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 previous hearing, the Court continued this Motion to allow the pa...