Excerpt: ...torneys' fees. Furthermore, much of the time billed was not necessary to the defense of this action. REPLY: The indemnity provision must be interpreted to provide for attorneys' fees to the prevailing party. Plaintiff's strong-arm tactics required a significant effort on defense by Defendant. ANALYSIS Legal Standard <004c004000510003004400 00510003005200510003[a contract, where the contract specifically provides that attorney's fees and costs, wh...

Excerpt: ...y are high-frequency litigators, and the Complaint alleges facts sufficient to state a cause of action. REPLY: The opposition does not address the deficiencies in the Complaint. ANALYSIS: Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness...

Excerpt: ...nd Kurosh Kay (“Mr. Kay”) on June 22, 2018. The parties then proceeded to discovery. On November 26, 2018, Plaintiff noticed a deposition of Winger's Inc.'s person most knowledgeable (“PMK” or “PMQ”) for December 17, 2018. (Motion, Abramson Decl. ¶ 4, citing to Exh. 1.) On December 12, 2018, Winger's Inc.'s counsel indicated that someone named Mr. Khodayeki would be attending the PMQ deposition. (Id., Abramson Decl. ¶ 5, citing to E...

Excerpt: ...laintiff Garcia is prohibited from presenting evidence, 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. REQUEST FOR RELIEF: Grant terminating sanctions against Plaintiffs for their failure to comply with the court's earlier orders regarding discovery responses. Alternatively, grant issue, evidence or monetary sanctions. OPP...

Excerpt: ...er to the Complaint on May 15, 2019. 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.) “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 ...

Excerpt: ... Bench Producers”) (“Respondent”). The Court, however, cannot consider the Petition at this time. II. Discussion “The prevailing party in an arbitration therefore may petition the court to confirm an award; the losing party may petition to modify or vacate the award entirely. [Citations.]” (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 765.) A. Service of Petition CCP § 1286.8 states in pertinent part: “The court may not correct a...

Excerpt: ...'s purchase of a used vehicle, namely a 2013 Nissan Altima 4C, from nonparty Family Auto Group, Inc. dba Familia Motors. (Compl. ¶¶ 3, 14.) Defendant is the holder of that sales contract of the vehicle. (Id. ¶ 6.) On March 28, 2019, Plaintiff brought the instant Petition to Compel Arbitration (the “Petition”), contending that Defendant failed to submit to arbitration as required by the sales contract. Defendant filed an Opposition on May 2...

Excerpt: ... 2019, Defendant filed a Motion to Vacate Default (the <004f000300510052005700 4c004600480011[ II. Legal Standard “When service of a summons 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.” (CCP § 473.5(a)...

Excerpt: ...��), and Annie Eum aka Ann Eum (“Annie”) (erroneously sued as separate individuals, “Annie Eum” and “Ann Eum”) (collectively, “Defendants”). On July 11, 2018, Plaintiff filed the operative First Amended Complaint (the “FAC”). Defendants filed the instant Motion to Quash Service of the Summons (the “Motion”) on November 29, 2018 and an Amended Motion to Quash Service (the “Amended Motion”) on May 17, 2019. The Court con...

Excerpt: ... relate to Attorney Smith. The Court believes it can be fair and impartial and does not believe that the foregoing circumstances warrant recusal. Any party who contends that disqualification or recusal is required must file a verified statement of disqualification for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. TENTATIVE RULING: Defendant Helen Xu'...

Excerpt: ...tive damages and granted without leave to amend as to the request for attorneys' fees. ANALYSIS: Background On December 17, 2018, Plaintiff Sabrina Schloss (“Plaintiff”) filed the instant action for medical malpractice and other claims against Defendants Studio City Orthodontist, Joshua Candelaria, and Katayoon Shafagh, D.D.S. (“Defendants”). Defendants filed the instant demurrers and motions to strike on March 7, 2019. They are accompani...

Excerpt: ... contractual relationship ended in May, 2016. (Id. at ¶4.) In December, 2015, the dissolution proceeding ended with a stipulation for entry of judgment pursuant to which Defendant received certain real property as her sole and separate property. (Id. at ¶5.) In July, 2016, Plaintiff filed a Notice of Lien in the dissolution proceeding. (Id. at ¶6 and Exh. 2.) In October, 2017, Plaintiff filed an Amended Notice of Lien and recorded it with the ...

Excerpt: ...the supplemental papers may result in the Motion being taken off calendar or denied. Opposition and reply papers are to be filed per the Code of Civil Procedure. Discussion On February 21, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiffs”) filed this action for automobile subrogation against Defendant Janet Cruz (“Defendant”). On January 14, 2019, the Court granted Plaintiff's motion to compel Defendant's respon...

Excerpt: ...t judgment on May 12, 1999. The judgment was first renewed on March 18, 2009 and then again on December 14, 2018. Notice of the latest renewal of judgment was served on Defendant on February 15, 2019. Defendant filed the instant motion to vacate the renewal of judgment on March 15, 2019. Notice that the judgment was assigned to Cavalry Investments, LLC (“Judgment Assignee”) having been filed on August 27, 2012, Judgment Assignee filed its opp...

Excerpt: .... Trial is set for August 19, 2019 at 8:30 a.m. in Department 94. All discovery cut-off dates follow the new trial date. I. Background This action arises from an automobile accident involving Plaintiff Victor Nava Valdez (“Plaintiff”) and Defendant Nellie Hernandez Berumen. On January 14, 2019, the Court dismissed this action without prejudice because Plaintiff failed to appear for trial. On March 7, 2019, Plaintiff filed a Motion to Vacate D...

Excerpt: ...an automobile accident between Plaintiff Victor Barrera-Maldonado (“Plaintiff”) and Defendant Jorge Arevalo (“Defendant”). A default was entered against Defendant in June 2017, and a default judgment was entered against him in April 2018. On April 4, 2019, Defendant filed a Motion to Quash Service of Process and Vacate Default and Default Judgment (the “Motion”). Defendant was served with the Summons and Complaint by substituted servi...

Excerpt: ...resolve their dispute. (See Doss Decl. ¶ 3, Exh. A.) Because Defendant failed to fulfill its obligations under the Settlement Agreement, Plaintiff filed a Motion to Enforce Settlement Agreement (the “Motion”) on March 25, 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 par...

Excerpt: ...kground On February 5, 2019, Plaintiff Nathaniel J. Friedman (“Plaintiff”) filed this breach-of-contract action against Defendants NK Beverly Hills Corp. (“NK”) and Shah Kashfi (“Kashfi”) (collectively, “Defendants”). This action arises from a commercial lease agreement (the “Lease”) signed by Plaintiff and NK. (Compl., Exh. A p. 5.) On March 13, 2019, Defendants filed their Demurrer to and Motion to Strike the Complaint. Plai...

Excerpt: ...nse to the supplemental evidence in accordance with CCP § 1005. Briefing will close after Defendant's filing, if any. I. Background After Plaintiff Rosa Henriquez (“Plaintiff Henriquez”) and Juan Sandoval (“minor Plaintiff”) filed this action against Defendant Edgar Pineda (“Defendant”) on January 11, 2017, the parties proceeded to arbitration to resolve their dispute. On October 9, 2018, the arbitrator issued an award in favor of Pl...

Excerpt: ...ication for cause pursuant to Code of Civil Procedure section 170.3(c) within 20 days of this order setting forth their contentions as to disqualification. TENTATIVE RULING: Plaintiff First Capitol Consulting, Inc.'s Motions to Compel Defendant Gen Restaurant Management, LLC's Further Responses to the Requests for Admissions and Requests for Production of Documents, and to Request for Monetary Sanctions are GRANTED. Defendant Gen Restaurant Manag...

Excerpt: ...il 18. Defendant replied on May 2. The controversy at issue arose from Defendant's store in West Hills on the morning of January 13, 2018 when Plaintiff, who is African American, asked a female employee to use the restroom there. (Oppo., Resp. to UMF Nos. 4, 8-9.) The restroom required a code to be opened, and under Defendant's policy, the code was only given to customers. (Id., Resp. to UMF Nos. 2- 3.) Defendant claims it had this policy in orde...

Excerpt: ...mended Complaint (the “FAC”), erroneously titled as a “Cross-Complaint,” the Court sustained Defendant's demurrer to the FAC with leave to amend on January 29, 2019. A day later, Plaintiff filed a three-page Second Amended Complaint (the “SAC”). On March 21, 2019, Defendant filed another Demurrer to the SAC. Plaintiff has not filed an opposition to the pending demurrer. II. Meet and Confer “Before filing a demurrer pursuant to this ...

Excerpt: ... be granted against Defendant and his attorney of record. REPLY: Defense counsel reached out numerous times to Plaintiff's counsel in an effort to have the default and default judgment set aside by stipulation. The motion and supporting papers demonstrate that good cause exists to vacate the default and judgment. TENATIVE RULING: The hearing on Defendant's Motion to Vacate Default and Default Judgment, and Motion to Quash Service of Summons is co...

Excerpt: ...heir failure to file responsive pleading, the court entered Defendants' defaults on May 23, 2018 and default judgments on September 5, 2018. On March 20, 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 128, on the grounds that the court can amend its orders to conform to the law. Alternatively, it is brou...

Excerpt: ...f summons was filed on March 5, 2019. On March 29, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint (the “Motion”). To date, no opposition has been filed. Timing of Motion “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good causeallow, may serve and file a notice of motion for one or more of the following purposes: To quash service of su...