Excerpt: ...y Defendant James Barnett, an employee of Defendant Southern California Regional Rail Authority (“Metrolink”), pulled out from a side street in the path of the now deceased Issac Sanchez (“Issac”) near the intersection of Pearblossom Highway and Small Road in the City of Palmdale, California and causing fatal injuries to Issac. Plaintiffs Raquel Nancy Morales (“Morales”), the surviving spouse of Issac, and Elvia Clara Sanchez (“Elvi...

Excerpt: ...equest for sanctions is DENIED. Defendant to give notice. 2. Background This action arises from an auto collision occurring on or about November 15, 2016 at the intersection of Avenue N and 11th Street West in Palmdale, California, where Defendant Ana Galvan in her vehicle made a left turn in front of Plaintiff Andrew Crawford who was riding his motorcycle. Plaintiff Andrew Crawford filed the Complaint on October 16, 2018, wherein he alleged a ca...

Excerpt: ... Salon, & Spa, allegedly suffered an injury caused by one of Defendant's employees, consisting of a deep cut with an unsanitized utensil into the skin surrounding her big toe, and then had her foot placed into unsanitary footbath water. As a result of the incident, Plaintiff alleges that she suffered an onychomycosis nail fungal infection. Plaintiff filed her personal injury Complaint in this action on May 01, 2018. Plaintiff filed a First Amende...

Excerpt: ...tion of marriage, LASC Case No. BD524898. Defendant is a self-represented litigant currently serving a federal prison sentence in Lompoc, California. On September 29, 2017, Plaintiff filed his Complaint, alleging that Defendant failed to make timely payments to him and asserting a Breach of Contract cause of action. This Court's notes reflect that on June 7, 2018, this Court received an ostensible Motion Requesting Extension of Time to Answer Sum...

Excerpt: ...hich occurred on or about August 29, 2016 involving Claimant Donald L. Parris and an underinsured motor vehicle. Claimant submits that on September 16, 2019, following settlement with the underinsured driver, he filed a claim with his insurance company. In regards to his claim, Claimant Donald L. Parris filed a petition on September 25, 2019 stating therein that after making an underinsured motorist claim to Respondent State Farm Mutual Automobil...

Excerpt: ...equest for sanctions is DENIED. Defendant to give notice. 2. Background This action arises from an auto collision occurring on or about November 15, 2016 at the intersection of Avenue N and 11th Street West in Palmdale, California, where Defendant Ana Galvan in her vehicle made a left turn in front of Plaintiff Andrew Crawford who was riding his motorcycle. Plaintiff Andrew Crawford filed the Complaint on October 16, 2018, wherein he alleged a ca...

Excerpt: ...dant”). Following Defendant's failure to file a responsive pleading, the court entered his default and default judgment. The judgment was renewed on December 6, 2012 by Plaintiff's Assignee, LVNV Funding, LLC (“LVNV Funding”). On March 5, 2019, Defendant filed the instant motion to vacate the default judgment pursuant to Code of Civil Procedure section 473, subdivision (d). To date, no opposition has been filed. The court initially notes th...

Excerpt: ...re to file a responsive pleading, the court entered his default on November 18, 2016, and his default judgment on January 24, 2017. On March 26, 2019, Defendant filed the instant motion to vacate the default judgment on equitable grounds. <00130014001c0011000300 00030051005200030055[eply has been filed. The court initially notes that the motion is not supported by a memorandum of points and authorities that contains a statement of facts, a concis...

Excerpt: ...une 19, 2019 at 8:30 am in Department 94. Discussion On December 21, 2017, Plaintiff County of Los Angeles (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Joseph Edward Giancaspro (“Defendant”). On March 7, 2019, Plaintiff filed the instant motion to reclassify the action as one of unlimited jurisdiction, pursuant to Code of Civil Procedure section 403.040. Defendant filed <005500480053004f005c00 0051...

Excerpt: ...ion for Terminating Sanctions Against Plaintiff Hyun Park is granted. Plaintiff's Complaint is dismissed with prejudice. ANALYSIS: Plaintiff Hyun Park (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Shaun Cole (Defendant”) on November 15, 2017. On January 3, 2019, the court granted Defendant's motions to Plaintiff's attendance at his deposition within 30 days, and to pay monetary sanctions. (Motion, Yee...

Excerpt: ...fare Fund, Board of Trustees of Southern California Pension Trust, Board of Trustees of Eleven Counties Cement Masons Vacation Savings Plan, Board of Trustees of Cement Masons Joint Apprenticeship Trust, Board of Trustees of Cement Masons Southern California Individual Retirement Account (Defined Contribution) Trust's Petition to Confirm Arbitration Award is granted in the amount of $22,962.55 principal, $4,360.00 attorneys' fees, and $568.65 cos...

Excerpt: ...d of America, Inc.'s Petition to Confirm Arbitration is granted. The court confirms the Award issued in Petitioner's favor on November 7, 2018, and orders that judgment be entered in conformity therewith, as follows: principal amount of $8,369.47 and $5,522.58 in late charges as of October 8, 2018, which continue to accrue at the rate of $2.72 per day thereafter until paid in full. Petitioner to file a memorandum of costs with respect to costs of...

Excerpt: ...y 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. To date, Defendant has not filed any additional papers. As explained in the court's ruling on February 2...

Excerpt: ...anuary 14, 2019, Plaintiff C&I Tax Consultants, Inc. (“Plaintiffs”) filed the instant action against Defendants S.E. Scher Corporation D/B/A Acrobat Outsourcing and The Service Companies, Inc. D/B/A TSC Staff (“Defendants”). The Complaint alleges causes of action for breach of written contract, quantum meruit, and unjust enrichment. Defendants filed the instant demurrer on March 14, 2019, accompanied by a meet and confer letter as require...

Excerpt: ...erms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) ...

Excerpt: ...of ten (10) percent per annum from the date of entry of judgment. Plaintiff filed the instant motion for attorneys' fees on December 27, 2018. The motion initially came for hearing on January 31, 2019, at which time it was continued to allow Plaintiff to address the timeliness of the motion. Plaintiff filed supplemental briefing on March 28, 2019. To date, no opposition has been filed. Plaintiff contends she is entitled to recover $4,425.00 in at...

Excerpt: ...nd every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney's fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.” (Civ. Code § 52(a).) “The Legislature's us...

Excerpt: ...oposed cross-complaint for the Court to review on April 17, 2019. TENTATIVE RULING: Defendant Hua Mao's Motion for Leave to File Cross-Complaint is GRANTED. Defendant Mao is ordered to file the proposed cross-complaint within seven (7) days of this Order. “Code of Civil Procedure section 426.50 authorizes relief from excusable failure to plead: ‘A party who fails to plead a cause of action subject to the requirements of this article, whether ...

Excerpt: ...plicants Bessie Huckabee, Kay Passailaigue Slade, Sandra Byrd, and Peter Kouten (collectively, “Applicants”) applied for and obtained an entry of judgment against Betty Fisher (“Fisher”) from this Court based on an order from the State of South Carolina. (11/6/18 Appl.) On February 4, 2019, Fisher filed a Motion to Vacate Sister- State Judgment (the “Motion”). Legal Standard CCP § 1710.40(a) provides that a judgment entered based on ...

Excerpt: ...�Motion”) under the discretionary provision of CCP § 473(b). Plaintiff filed an Opposition on February 5, 2019. Defendant replied on February 21. TENTATIVE RULING: Defendant Jesus Nunez's Motion to Vacate Default and Default Judgment is GRANTED. The default and default judgment are hereby vacated. The Answer that Defendant filed on January 25, 2019 is deemed filed. Trial is set for _________________ at 8:30 a.m. in Department 94. All discovery...

Excerpt: ...y. The appropriate standard for determining whether a matter must be reclassified for failing to meet the jurisdictional threshold for the amount of recovery is not whether damages “realistically” will exceed the threshold, but rather whether it is possible that the damages will. (See Maldonado v. Superior Court of Orange County (1996) 45 Cal.App.4th 397, 402 [“the trial court looks to the possibility of a jurisdictionally appropriate verdi...

Excerpt: ...omplaint by Plaintiff Eric Njokom(“Plaintiff”), Plaintiff filed a First Amended Complaint (the “FAC”) on January 3, 2019. Defendant then filed a Demurrer to the FAC on January 31, 2019. Plaintiff filed an Opposition on March 28, 2019. Defendant replied on April 17. 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.) “...

Excerpt: ...gment was assigned to AKT Enterprises Group, Inc. (“AKT”). On January 18, 2019, AKT filed the instant Motion to Amend Judgment, asking the Court to remove 1Two from the judgment so it can proceed with a writ of execution against Ricciardi. In an attempt to enforce the judgment, AKT requests the Los Angeles County Sheriff to serve a writ of execution to levy Ricciardi's bank account, but the Sheriff refused because 1Two is listed on the judgme...

Excerpt: ...ts—including how SAL is a party to the Contract, SAL's assignment of right on the Contract to LAFCU, and the basis to compel Jabarin to submit to arbitration. I. 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”), ...

Excerpt: ...ry 7, 2019, Moving Defendants filed a Demurrer to the Complaint. On January 22, 2019, Plaintiff filed an opposition. Moving Defendants replied on January 29. At the previous hearing, the Court continued the Demurrer because Moving Defendants failed to file a declaration attesting to what good faith meet-and-effort they made to resolve the disputed issues raised in the Demurrer. On March 13, 2019, Moving Defendants filed such a declaration; the Co...

Excerpt: ...ae Jung Lee. I. Background On October 19, 2018, Plaintiff Yong Bum Lee, as guardian of Sae Jung Lee (“Plaintiff”) filed a complaint against Defendants In Gap Jeon d/b/a 153 Barber Shop and Does 1 through 20 for violation of Unruh Civil Rights Act. On January 16, 2019, Defendant In Gap Chun (erroneously sued as In Gap Jeon) (“Defendant”) filed the instant demurrer to complaint. II. Legal Standard A demurrer is a pleading used to test the l...

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

Excerpt: ...nd renewed on August 30, 2018. On March 5, 2019, Defendant filed a Motion to Vacate the Renewal of Judgment <004b00480003004b004400 004b0048000300520055[iginal judgment. On April 11, 2019, Plaintiff filed an Opposition contending that Defendant fails to provide proof that he has paid the judgment in full. II. Legal Standard CCP § 683.170 provides in pertinent part: “(a) The renewal of a judgment pursuant to this article may be vacated on any g...

Excerpt: ...intiff 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 pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 25...

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

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

Excerpt: ...e deserves a chance to defend against the suit. TENTATIVE RULING: Defendants American Metal Recycling Service of Nevada, Inc. (“Defendant AMRSN”) and Howard Misle's Motion to Vacated Default and Default Judgment is continued to June 24, 2019 at 8:30 am in Department 94. Discussion On April 4, 2018, Plaintiff Navitas Lease Corp. (“Plaintiff”) filed the instant action for breach of lease agreement against Defendants American Metal Recycling...

Excerpt: ...473, subdivision (a) and California Rules of Court, Rule 3.1324. Plaintiff is to file the First Amended Complaint within ten (10) days of this order. Discussion On February 22, 2017, Plaintiff Gurgen Barsegyan (“Plaintiff”) filed the instant action for medical malpractice against Defendants Hollywood Cross Medical Clinic, Inc. (“Defendant Hollywood Cross”) and Magdi Gindi, M.D. (“Defendant Gindi”). The Complaint alleges that Defendant...

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

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

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

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

Excerpt: ...he ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 43...

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

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

Excerpt: ...dlord, Defendant C&S Enterprises #1, LP (“Defendant”) for unpaid security deposit, among other things. On March 6, 2019, Defendant filed a Demurrer to the Complaint. On March 18, Plaintiff filed an Opposition. Defendant replied on March 19. II. Discussion A. Meet and Confer "Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is s...

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

Excerpt: ...s not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsi...

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

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

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

Excerpt: ...n her Opposition, the Court is persuaded that there is a possibility that she could cure the discussed defects below. Accordingly, the Court GRANTS Plaintiff 15 days' leave to amend the Complaint. On December 1, 2017, Plaintiff Teresa Diaz Galeno (“Plaintiff”) filed this action against Defendant Los Angeles County Sheriff's Department (“Defendant”) for alleged the negligent act of Lojoya Montanet, Defendant's employee. (See Compl. ¶¶ 4,...

Excerpt: ...demonstrating a valid and enforceable Arbitration Agreement. (See 12/19/18 Minute Order p. 2.) The Court then turned to Plaintiff's arguments as to why arbitration should not be compelled and found that they were all unavailing, except for the argument on unconscionability. (See id. pp. 2-4.) The Court, therefore, continued the hearing on this Motion to allow the parties to file supplemental papers to address the issue of unconscionability. (See ...

Excerpt: ...nt of Funds is set for June 3, 2019 at 1:30 p.m. in Department 94. Each claimant must file a written claim within 30 days of this order; the written claim should include a declaration setting forth the basis for the claim of ownership or interest. All claimants must also personally appear at the June 3, 2019 disbursement hearing. If no appearances are made, the matter will be set for an <0052004700480003008600 0011000c[ I. Background On January 1...

Excerpt: ...he hearing is TAKEN OFF CALENDAR. On February 21, 2019, LOSK filed an Answer. On March 1 and 4, 2019, Plaintiff filed substantially the same Demurrers to the Answer. The Court STRIKES the March 4 Demurrer and considers the March 1 Demurrer. TENTATIVE RULING: Plaintiff Vosgy Kousayan's Demurrer to the Answer is OVERRULED. I. Background : Plaintiff Vosgy Kousayan (“Plaintiff”) filed this legal malpractice action on August 8, 2016 and the operat...

Excerpt: ...mons 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. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default jud...

Excerpt: ..., 2019, Plaintiff Felicia Mobley dba Mobley Law Offices, inpro per, filed a Motion to Vacate Dismissal (the “Motion”) under the discretionary provision of CCP § 473(b). II. Legal Standard “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. App...

Excerpt: ...(d)(3).) All hearing and trial dates are ADVANCED to today's date and VACATED. The Court sets a non-appearance OSC re Payment of Reclassification Fee for May 10, 2019 at 8:30 a.m. in Dept. 94. I. Background On September 27, 2017, Plaintiff Young Eun Choi (“Choi”) brought this action for conversion against Defendant Romy Tiffanie Han (“Han”). On January 16, 2019, Choi filed an Answer to the Complaint and a Cross-Complaint for $61,000 in da...

Excerpt: ...ant part: A service member may, at any time during his or her most current period of military service or within six months thereafter, petition a court for relief in respect of any obligation or liability incurred by the service member before the effective date of the orders for his or her most current period of military service or in respect of any tax or assessment whether falling due before or during his or her most current period of military ...

Excerpt: ...red Plaintiff Hong Rae Park to serve Defendant with verified responses to form interrogatories and requests for production within 20 days. Plaintiff was further ordered to pay Defendant monetary sanctions within 30 days of the order. Defendant served Plaintiff with notice of the order on January 10, 2019. (Motino, Whitemeyer Decl., Exh. A.) As of the filing of this motion, Plaintiff has failed to comply with any part of the court's order. (Id. at...

Excerpt: ...r on February 26, 2019. Plaintiff filed its opposition on March 5, 2019. The demurrer is procedurally defective in a number of respects. First, it is not accompanied by a proof of service demonstrating notice as required by Code of Civil Procedure section 1005. Indeed, Defendant points out that it was never served with the demurrer, but having discovered it online has filed a opposition. Second, the demurrer is not accompanied by a meet and confe...

Excerpt: ...April, 2008 and March, 2018. On July 23, 2018, Judgment Creditor filed an Assignment of Judgment with respect to Assignee Sacor Financial, Inc. (“Sacor Financial”). On January 28, 2019, Sacor Financial filed the instant motion for assignment order and restraining order. To date, no opposition has been filed. Legal Standard Code of Civil Procedure, section 708.510, subdivision (a) states, in relevant part: (a) Except as otherwise provided by l...

Excerpt: ... association, and Defendant is a member of the association as a condominium owner. (Compl. pp. 3-4.) Defendant and Plaintiff previously engaged in litigation and settled an action brought by Plaintiff for violation of its CC&Rs, where Defendant agreed to evict his tenant. (Id. p. 3; Motion, Exh. 2.) Plaintiff wanted Defendant's tenant to be evicted because he was renting out his space on Airbnb in violation the homeowner association's rules and r...

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

Excerpt: ...ntreal Family Trust and transfers by Attorney Keith A. Kink is granted. Background Plaintiff / Judgment Debtor Dov Charney (“Judgment Debtor”) (formerly president and CEO of American Apparel, Inc.) filed the instant action for defamation, false light, and other claims against Defendants Standard General, LP, Standard General Master Fund, LP, and P Standard General Ltd. (“Judgment Creditors”) on May 7, 2015. On September 30, 2015, the cour...

Excerpt: ...anuary 25, 2019, Judge Barbara A. Meiers reclassified this action to limtied jurisdiction court. Defendant filed a Demurrer to the FAC on November 28, 2018. Plaintiff filed an Opposition on March 1, 2019; Defendant replied on March 12. 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 g...

Excerpt: ...ed a Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”) under CCP § 664.6. 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 ma...

Excerpt: ...his action against Defendant Navient Solutions, LLC (“Defendant”). On September 28, 2018, Defendant filed a Motion to Compel Arbitration and to Dismiss or, in the Alternative, Stay Action (the “Motion”). On October 31, Plaintiff filed an opposition. Defendant replied on November 6. At the previous hearing, the Court continued this matter to allow Defendant to file supplemental evidence to demonstrate that it andSallie Mae, the name of the...

Excerpt: ...Plaintiff”) filed this action against Defendant Navient Solutions, LLC (“Defendant”). On September 26, 2018, Defendant filed a Motion to Compel Arbitration and to Dismiss, or in the Alternative, Stay Action (the “Motion”). On October 30, Plaintiff filed an opposition. Defendant replied on November 6. Then, Defendant requests Court's permission to file a sur-reply; the request is DENIED and the sur-reply is STRICKEN from the record, thou...

Excerpt: ...Defendant”). Because Plaintiff failed to respond to Defendant's forms interrogatories and requests for production of documents, the Court, on October 11, 2018, ordered him to respond and imposed monetary sanctions. (See 10/11/18 Minute Order.) Plaintiff still has not complied with the Court's October 11 Order. (See Motion, Bakshandeh Decl. ¶ 7.) As a result, Defendant filed Motion for Terminating Sanctions (the “Motion”) on December 31, 20...

Excerpt: ... causes of action. Otherwise, there will be a risk of one judgment based on one cause of action and another judgment based on other causes of action. I. Procedural Background On January 22, 2018, Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) filed this action against Defendant Dual Diagnosis Treatment Center, Inc. dba Sovereign Health of California dba Sovereign Health Restaurant adba Sovereign Health Rancho Mirage (“Defendant�...

Excerpt: ...Johnson serving a notice of this ORDER. The Court awards $900 in monetary sanctions to Defendant Johnson and against Plaintiff Corsini. Sanctions are to be paid within 30 days of Johnson serving a notice of this ORDER. Background <0003000b00b30026005200 0049004c004f00480047[ the instant action claiming that Defendant Yvonne Johnson (“Johnson”) breached the parties' “Unlawful Detainer Stipulation and Judgment” filed October 11, 2016 in Joh...

Excerpt: ...ee 11/29/18 Minute Order.) The Court, therefore, awarded $4,000 in damages, plus attorney's fees and costs. (See id.) Plaintiff filed a Memorandum of Costs on December 7, 2018 and a Motion for Attorney's Fees on December 11, 2018. II. Legal Standard “Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amou...

Excerpt: ... favor of Plaintiff and against Defendant in the sum of $4,000. Plaintiff then filed a Motion for Attorney's Fees under Civ. Code § 51 on January 14, 2019. On February 5, 2019, Defendant filed a Motion to Vacate Judgment (the “Motion”) under CCP § 473(b), arguing that he made a “mistake, inadvertence, surprise, or excusable neglect” in not appearing for the trial. On March 5, 2019, Plaintiff filed an Opposition. II. Defendant Timothy Gr...

Excerpt: ...f the Automobile Club (“Plaintiff”) against Defendant Stephanie Suzanne Galan (“Defendant”), but retained jurisdiction under CCP § 664.6. (See 1/11/19 Order.) Plaintiff dismissed former defendant Marcus Justin Galan on July 17, 2018 from this action. (See 7/17/18 Request for Dismissal.) On February 5, 2019, Plaintiff filed a Motion to Vacate Dismissal and for Entry of Judgment (the “Motion”). Plaintiff contends that an error was made...

Excerpt: ...Motion to Transfer) (the “Motion”). II. Legal Standard CCP § 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 court, on its own motion, may recl...

Excerpt: ...0 0057004b004800510003[filed a Motion to Strike, on November 21, and a Demurrer, on November 29, to the Answer. On December 26, Defendant filed an Opposition to the Motion to Strike; Plaintiff then filed a Reply to the Opposition on January 29, 2019. II. Motion to Strike In a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.”...

Excerpt: ...e subject property”). On August 23, 2018, the court granted Petitioner's request to deposit funds and be discharged from the action. The court also set the instant hearing regarding disbursement of the funds for August 23, 2018. On August 30, 2018, Petitioner deposited the funds of $11,897.33 with the court and filed proof of service of the notice of hearing. At the hearing regarding disbursement of funds on November 29, 2018, there were no app...

Excerpt: ... Richardson v. County of Los Angeles, LASC Case No. BC699104. Defendants filed the instant motion to transfer this action to the unlimited jurisdiction court on February 19, 2019. To date, no opposition has been filed. Defendants move to transfer this case on the grounds that it is related to Richardson, which involves damages of more than $25,000.00. Defendants concede that the damages sought by Plaintiff in this action are only $14,347.00. (Mot...

Excerpt: ...ness 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. The District filed the instant demurrer on September 10, 2018. The motion is accompanied by a declaration that satisfies the meet and confer requirements of Code of Civil Procedure section 430.41. (See Demurrer, Cheathem Decl.) Das filed her opposition on October 9, 2019, and the District...

Excerpt: ...ling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan <0047004800510046004800 0046005200510056004c[dered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430....

Excerpt: ...ant's failure to file a responsive pleading, the court entered his default on February 8, 2018, and default judgment on May 25, 2018. Defendant filed the instant motion to set aside the entry of default and default judgment on October 26, 2018. To date, no opposition has been filed. The matter initially came for hearing on December 13, 2018, at which time it was continued to January 3, 2019. On January 3, 2019, the court continued the hearing to ...

Excerpt: ...murrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered...

Excerpt: ...t Defendant Mark Varela (“Defendant”). Default was entered against Defendant on February 5, 2018, and a default judgment was enteredagainst Defendant on February 28. On August 23, 2018, Defendant filed a Motion to Vacate Default Judgment (the “Motion”). On January 24, 2019, Plaintiff filed an Opposition. On February 14, Defendant filed a Reply (erroneously named as an “Opposition to Plaintiff's Opposition”). Legal Standard “Notice a...

Excerpt: ... inadvertence, surprise, or excusable neglect” under CCP § 473(b). Accordingly, the Court exercises its discretion and deems the Motion as seeking relief under Section 473(b). Relief under CCP § 473(b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc. (1985) 170 Cal.App.3d 725.) It is the policy of the law to favor, wherever possible, a h...

Excerpt: ...30.41(a), § 435.5(a).) The Court is satisfied with Moving Defendants' counsel's meet-and-confer effort. (See 12/10/18 Gammill Decl.) Legal Standard “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 v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) The lega...

Excerpt: ...�Plaintiff”) filed the operative First Amended Complaint (the “FAC”) against Defendants City of Los Angeles and Los Angeles Unified School District (“LAUSD”) seeking refund of $21,989.34 in fees under Educ. Code § 17624. (See 6/4/18 Amendment to Complaint [naming LAUSD as Doe 1].) Plaintiff then filed a duplicative FAC on January 22; this duplicative FAC is STRICKEN from the record. On February 11, 2019, LAUSD filed a Demurrer to the F...

Excerpt: ...ecember 29, 2017, Plaintiff Level 1 Roofing, Inc. (“L1R”) filed this breach-of-contract action against Defendants Richard Thompson III (“Richard”), Carolyn Thompson (“Carolyn”), and Finance of America Reverse, LLC (collectively, “Defendants”). On April 26, 2018, Cross- Complainants Thompson and Carolyn (collectively, “Cross-Complainants”) filed the operative First Amended Cross-Complaint (“FAXC”) against Cross-Defendants L...

Excerpt: ...erative First Amended Complaint (“FAC”). On January 9, 2018, Defendant filed a Demurrer to the FAC. Plaintiff filed an Opposition on February 4. II. Meet and Confer “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the obj...

Excerpt: ...dant”) pursuant to a Labor Commissioner's decision. On January 30, 2019, Plaintiff filed a Motion for Assignment Order (the “Motion”). Plaintiff seeks an order assigning all revenues Defendant is receiving or may receive from all companies, <00360033003600b4000c00 004f0058005600030014[ Enterprises, LLC (“4P1E”). The Court will not enter an order on all companies, but will consider entering an order on SPS and 4P1E if the evidence suppor...

Excerpt: ...nuary 18, 2018 Minute Order, the Court also instructed Plaintiff to give notice of the Order. At the April 12, 2018 hearing, the Court noted that Plaintiff failed to properly serve the potential claimants. The Court, accordingly, continued the hearing on the disbursement of funds and instructed the court clerk to give notice. Proper notice has been given by the court clerk. At the last hearing on June 14, 2018, the Court set an OSC Hearing re: Es...

Excerpt: ...le- negligence action against Defendant Infinity Insurance Corp. (“Defendant”). Default was entered against Defendant on May 30, 2018. On February 1, 2019, Defendant filed a Motion to Quash Service of Summons and Vacate Default (the “Motion”) under CCP § 473.5. II. Discussion A. Defendant's Request to Quash Service of Summons and Demurrer to Complaint In addition to seeking an order vacating the default, Defendant also asks the Court for...

Excerpt: ...ust select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appe...

Excerpt: ... instant Petition to Confirm Arbitration Award (the “Petition”). II. Discussion A. Filing Requirements (CCP § 1285.4) CCP § 1285.4 states: “A petition under this chapter shall: a. Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. b. Set forth the names of the arbitrators. (c) Set forth or have attached a copy of the award and the written opinio...

Excerpt: ...ent. (Ibid.) Upon seeking treatment for his condition, Plaintiff has incurred almost $100,000.00 in medical bills and will likely require ongoing medical care. (Id. at ¶6 and Exh. A.) The court finds that the declaration of Plaintiff's attorney is not proper insofar as it is not shown to be based on personal knowledge. Simply stating that the facts therein are made on personal knowledge does not make it so. Clearly, Plaintiff's attorney cannot c...

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

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

Excerpt: ...d in its favor and againstRespondent Ticket Out Productions, LLC. (“Respondent”). This action arises out the parties' dispute over compensation owed to Petitioner's employees for production of a motion picture. Petitioner filed the instant petition on <0045004800480051000300 49004c004f004800470011[ Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacat...

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

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

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

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

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

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

Excerpt: ... purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan <0047004800510046004800 0046005200510056004c[dered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 ...