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: ...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: ...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: ...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: ...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: ...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: ...(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: ...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...