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: ...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: ...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: ...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: ...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: ...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) ...

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