Excerpt: ...lity against Defendant Timothy Grady (“Defendant”) on January 22, 2016. Following a trial held on July 24, 2017, judgment was entered in Plaintiff's favor. On October 12, 2017, the court awarded Plaintiff attorneys' fees and costs. Two months later, Defendant filed a motion to vacate the judgment based on excusable neglect that the court granted on February 20, 2018. Trial was then rescheduled, and after multiple continuances, held on January...

Excerpt: ...dant a motion to vacate the entry of default and default judgment. The matter initially came for hearing on September 11, 2018, at which time it was continued to September 13, 2018 to allow Defendant to file proof of service of the motion, notice of the continuance of this hearing date, and any papers to correct the evidentiary deficiencies in his moving papers. Defendant was also ordered to serve such papers and file a proof of service of the sa...

Excerpt: ...t alleged causes of action for (1) breach of contract; and (2) common counts. On March 14, 2019, the court sustained Defendants' demurrer to the Complaint with 20 days' leave to amend and placed their motion to strike portions of the Complaint off calendar. On April 30, 2019, the court denied Defendants' Motion to Dismiss Plaintiff's Complaint with Prejudice for lack of exigency and ruled that Defendants could file a noticed motion for the relief...

Excerpt: ...�Yi”). Yi cross-complained for unfair business practices, fraud, and abuse of process against Fontano and H.J. Sims (“Sims”). Default was entered against Fontano on November 14, 2012, and against Sims on March 14, 2013. Judgment was entered jointly and severally against Fontano and Sims on April 24, 2015, in the amount of $16,650.00. On July 20, 2016, the court granted Fontano's motion to set aside the entry of default and default judgment ...

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 bro...

Excerpt: ... James A. Ovenden (“Ovenden”). On May 1, 2019, Defendants Shiomoto and DMV (collectively, “Moving Defendants”) filed a Demurrer to the Complaint. Before filing a demurrer, the moving party must meet and confer in good faith with the responding party. (CCP § 430.41(a).) Having reviewed Moving Defendants' counsel's meet-and-confer declaration, the Court is satisfied with the effort. II. Legal Standard “A demurrer tests the legal sufficie...

Excerpt: ... action pursuant to the Agreement. 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 may retain jurisdiction over the parties to enforce the settleme...

Excerpt: ...N: Untimely filed on May 22, 2019. TENTATIVE RULING: On June 21, 2016, Los Angeles Unified School District (“the District”) filed the instant action to recover allegedly mistaken wage overpayments made to dozens of employees, including Roshini Das (“Das”). On August 23, 2018, Das filed her First Amended Cross- Complaint. On October 25, 2018, the court reclassified this case to a court of unlimited jurisdiction due to the claims in the Fir...

Excerpt: ...1b>, Judgment Creditor filed an Assignment of Judgment, assigning its right to the judgment to Sacor Financial, Inc. (“Sacor”). As the assignee of judgment, Sacor filed the instant Motion for Assignment Order <0055005c00030015001b00 00370052000300470044>te, no opposition has been filed. Sacor asks for an assignment order with respect to all Judgment Debtor's fees for rides, tips and bonuses earned as an Independent Contractor for Uber Technol...

Excerpt: ...1b>, Judgment Creditor filed an Assignment of Judgment, assigning its right to the judgment to Sacor Financial, Inc. (“Sacor”). As the assignee of judgment, Sacor filed the instant Motion for Assignment Order <0055005c00030015001b00 00370052000300470044>te, no opposition has been filed. Sacor asks for an assignment order with respect to all Judgment Debtor's fees for rides, tips and bonuses earned as an Independent Contractor for Uber Technol...

Excerpt: ...uest to Seal Records Together with the Amended Petition, Petitioner lodged Claimant's medical records conditionally under seal and filed an application for an order sealing the medical records. Under Cal. Const., art. I, § 3, subd. (b)(1), “The people have the right of access to information concerning the conduct of the people's business.” “[A] constitutional right of access to certain court documents grounded in the First Amendment. [Cita...

Excerpt: ...dgment, and Motion to Quash Service of Summons is continued to July 17, 2019 at 8:30 am in Department 94. Discussion <004f004800030030004400 00480052005a00510048[rs Association (“Plaintiff”) filed this action against Defendant Forrest Bailman (“Defendant”). Plaintiff's application for publication was granted on May 7, 2013. Following his failure to respond, default was entered against Defendant on August 7, 2013, and default judgment was ...

Excerpt: ... petition on December 14, 2011. On October 23, 2018, the court set the hearing on the Petition for December 20, 2018, and ordered Petitioner to provide notice of the hearing on all parties to this action, and file proof of service thereof. At the hearing on December 20, 2018, neither party appeared. The court found Petitioner had not complied with the service requirements under Code of Civil Procedure section 1290.4 and continued the matter to Fe...

Excerpt: ...aintiff Garcia's ignorance is no excuse for failing to respond. Pro per litigants are held to the same standards as attorneys. The responses provided are deficient, warranting an issue or evidence sanction. ANALYSIS-TENTATIVE RULING: Defendant Brock Plumbing, Inc.'s Motions for Terminating Sanctions, or in the alternative, for an Order Imposing Evidentiary and/or Issue Sanctions, and for Monetary Sanctions is GRANTED in part, and DENIED in part. ...

Excerpt: ...firms 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 Californ...

Excerpt: ... statute. TENTATIVE RULING: Defendants Ashot Manukian and Marina Manukian's Motion for Reconsideration is DENIED. Discussion Plaintiff Rafael D. Miranda (“Plaintiff”) filed the instant action for breach of contract, promissory fraud, and common counts against Defendants Ashot Manukian and Marina Manukian on December 30, 2015. A First Amended Complaint was filed on June 19, 2017. Following Defendants' failure to appear, the court entered Defen...

Excerpt: ...g 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 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. However, in construing the allegations, the court is to give effect t...

Excerpt: ...s, however, failed to pay the money judgment. In order to effectuate the enforcement of judgment, the Court issued an Assignment Order on May 2, 2018, assigning Defendants' right to payments from the Center for Medicaid and Medicare Services (“CMS”) to Plaintiff under CCP § 708.510 and 42 C.F.R. §§ 424.86, 424.90. Plaintiff then sought to enforce the assignment order, but Noridian Healthcare Services, LCC (“Noridian”), an entity to whi...

Excerpt: ...lifornia Automobile Insurance Co. (“Plaintiff”) paid to nonparty Warren Rositter (“Mr. Rositter”). (Compl. ¶¶ 8, 13.) The controversy originates from a September 11, 2016 car accident involving Robert Lopez (“Mr. Lopez”), who was a driver insured by Plaintiff. (Id. ¶¶ 7, 17.) Mr. Rositter, an insured of Defendant, was a passenger in Mr. Lopez's car at the time of the accident and, as a result, suffered personal injuries. (Id. ¶¶...

Excerpt: ...ctober 2018. Plaintiff then filed a first amended complaint on September 19, 2018. On March 18, 2019, Plaintiff filed the instant Motion for Leave to File Second Amended Complaint (the “Motion”). II. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, o...

Excerpt: ...��). Pursuant to the Application for Entry of Sister State Judgment, filed on May 16, 2017, this court entered judgment against Defendants in the amount of $4,871.30. On January 7, 2019, Plaintiff filed the instant Motion for Award of $3,025.00 in Attorney's Fees and $574.25 in Costs (the “Motion”),totaling $3,599.25. In the Motion, Plaintiff asks the Court to take judicial notice of certain exhibits, but the Court may consider the exhibits w...

Excerpt: ... to resolve their contractual dispute. (Ahluwalia Decl. ¶ 2, Exh. A.) Pursuant to the Settlement Agreement, Defendants fulfilled their obligation to pay Plaintiff $18,000, but Plaintiff failed to fulfill his obligation to dismiss this action. For this reason, Defendants brought the instant Motion to Enforce Settlement Agreement (the “Motion”) on March 21, 2019. II. Legal Standard Under CCP § 664.6: “If parties to pending litigation stipul...

Excerpt: ... of May 1, 2019. REPLY: None filed as of May 1, 2019. Plaintiff filed the instant motion for terminating sanctions on March 14, 2019 due to Defendants' failure to comply with the court's December 6, 2018 order. To date, no opposition has been filed and Defendants have not complied with the court's December 6, 2018 order. (Motion, Mendelson Decl., ¶3.) Where a party willfully disobeys a discovery order, courts have discretion to impose terminatin...

Excerpt: ...st the City of Rosemead. In fact, the County's government claim against the City was denied in early November 2018. The court should exercise its discretion to deny leave to file the proposed cross- complaint. REPLY: The County sought numerous times to resolve this dispute without court intervention. It is only due to the fact that the City dismissed these attempts without good reason that the County now seeks leave to bring its cross-complaint. ...

Excerpt: ...: The motion is untimely, does not satisfy the meet and confer requirements, and is moot since the PMQ deposition is currently scheduled for May 7, 2019. REPLY: None filed as of May 1, 2019. TENTATIVE RULING: Plaintiff Mariscos Bahia, Inc.'s Motion for an Order Compelling Deposition of Defendant Winger's Inc.'s Person Most Qualified, and for Monetary Sanctions is continued to July 8, 2019 at 8:30 am in Department 94. Code of Civil Procedure secti...