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: ...��) 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: ...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: ...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: ...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: ...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: ...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: ...�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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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) ...