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: ...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: ..., 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: ...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...