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

Excerpt: ...ount of $5,432.75, Plaintiff brought the instant Motion to Enforce Settlement Agreement(the “Motion”) on February 4, 2019. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requeste...

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

Excerpt: ...he was delayed in receiving the Summons and Complaint and confused as to his rights under the license bond. OPPOSITION: Defendant Aulert is not entitled to relief under CCP section 473(b) because this motion is more than six months after default. He also has not shown that his failure to respond was the result of mistake, inadvertence, surprise or excusable neglect. Nor is he entitled to any equitable remedies because he had notice of this action...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...(2004) 123 Cal.App.4th 1057, 1064.) “The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authoritie...

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

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

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

Excerpt: ...y matters that can be judicially noticed. [Citations.]” (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) “The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter sh...

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

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

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

Excerpt: ... Respondent Chubb National Insurance Co. (“Respondent”), Petitioner moved the Court to confirm the award on October 24, 2018. On February 27, 2019, the Court entered the award as a judgment in the total sum of $9,805.28. On March 7, 2019, Petitioner filed a Motion for Attorney's Fees under CCP § 1717. On April 9, 2019, Respondent filed an Opposition. .Legal Standard A prevailing party is entitled to recover costs, including attorneys' fees, ...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...Garrett J. Baker (“Defendant”). On December 18, 2018, Defendant filed a Motion to Quash Service of Summons and Complaint (the “Motion”); alternatively, Defendant asks that this Court stays this action under 50 U.S.C.A. § 3932(b) because he is currently on active duty in the military. On January 4, 2019, Plaintiff filed an opposition. Defendant replied on January 14. At the previous hearing, the Court continued this Motion to allow the pa...