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

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

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

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

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

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

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