Excerpt: ...re to file a responsive pleading, the court entered his default on November 18, 2016, and his default judgment on January 24, 2017. On March 26, 2019, Defendant filed the instant motion to vacate the default judgment on equitable grounds. <00130014001c0011000300 00030051005200030055[eply has been filed. The court initially notes that the motion is not supported by a memorandum of points and authorities that contains a statement of facts, a concis...

Excerpt: ...d of America, Inc.'s Petition to Confirm Arbitration is granted. The court confirms the Award issued in Petitioner's favor on November 7, 2018, and orders that judgment be entered in conformity therewith, as follows: principal amount of $8,369.47 and $5,522.58 in late charges as of October 8, 2018, which continue to accrue at the rate of $2.72 per day thereafter until paid in full. Petitioner to file a memorandum of costs with respect to costs of...

Excerpt: ...fare Fund, Board of Trustees of Southern California Pension Trust, Board of Trustees of Eleven Counties Cement Masons Vacation Savings Plan, Board of Trustees of Cement Masons Joint Apprenticeship Trust, Board of Trustees of Cement Masons Southern California Individual Retirement Account (Defined Contribution) Trust's Petition to Confirm Arbitration Award is granted in the amount of $22,962.55 principal, $4,360.00 attorneys' fees, and $568.65 cos...

Excerpt: ...ion for Terminating Sanctions Against Plaintiff Hyun Park is granted. Plaintiff's Complaint is dismissed with prejudice. ANALYSIS: Plaintiff Hyun Park (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Shaun Cole (Defendant”) on November 15, 2017. On January 3, 2019, the court granted Defendant's motions to Plaintiff's attendance at his deposition within 30 days, and to pay monetary sanctions. (Motion, Yee...

Excerpt: ...une 19, 2019 at 8:30 am in Department 94. Discussion On December 21, 2017, Plaintiff County of Los Angeles (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Joseph Edward Giancaspro (“Defendant”). On March 7, 2019, Plaintiff filed the instant motion to reclassify the action as one of unlimited jurisdiction, pursuant to Code of Civil Procedure section 403.040. Defendant filed <005500480053004f005c00 0051...

Excerpt: ...dant”). Following Defendant's failure to file a responsive pleading, the court entered his default and default judgment. The judgment was renewed on December 6, 2012 by Plaintiff's Assignee, LVNV Funding, LLC (“LVNV Funding”). On March 5, 2019, Defendant filed the instant motion to vacate the default judgment pursuant to Code of Civil Procedure section 473, subdivision (d). To date, no opposition has been filed. The court initially notes th...

Excerpt: ...y a filing fee. Later, Defendant's fee waiver was granted. Defendant then filed another Motion to Vacate the Default Judgment (the “Motion”) on January 23, 2019. The matter came for hearing on February 26, 2019, at which time the court continued it to allow Defendant to file supplemental briefing address procedural and substantive defects. To date, Defendant has not filed any additional papers. As explained in the court's ruling on February 2...

Excerpt: ...erms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) ...

Excerpt: ...of ten (10) percent per annum from the date of entry of judgment. Plaintiff filed the instant motion for attorneys' fees on December 27, 2018. The motion initially came for hearing on January 31, 2019, at which time it was continued to allow Plaintiff to address the timeliness of the motion. Plaintiff filed supplemental briefing on March 28, 2019. To date, no opposition has been filed. Plaintiff contends she is entitled to recover $4,425.00 in at...

Excerpt: ...anuary 14, 2019, Plaintiff C&I Tax Consultants, Inc. (“Plaintiffs”) filed the instant action against Defendants S.E. Scher Corporation D/B/A Acrobat Outsourcing and The Service Companies, Inc. D/B/A TSC Staff (“Defendants”). The Complaint alleges causes of action for breach of written contract, quantum meruit, and unjust enrichment. Defendants filed the instant demurrer on March 14, 2019, accompanied by a meet and confer letter as require...

Excerpt: ...oposed cross-complaint for the Court to review on April 17, 2019. TENTATIVE RULING: Defendant Hua Mao's Motion for Leave to File Cross-Complaint is GRANTED. Defendant Mao is ordered to file the proposed cross-complaint within seven (7) days of this Order. “Code of Civil Procedure section 426.50 authorizes relief from excusable failure to plead: ‘A party who fails to plead a cause of action subject to the requirements of this article, whether ...

Excerpt: ...omplaint by Plaintiff Eric Njokom(“Plaintiff”), Plaintiff filed a First Amended Complaint (the “FAC”) on January 3, 2019. Defendant then filed a Demurrer to the FAC on January 31, 2019. Plaintiff filed an Opposition on March 28, 2019. Defendant replied on April 17. 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.) “...

Excerpt: ...nd every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney's fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.” (Civ. Code § 52(a).) “The Legislature's us...

Excerpt: ...y. The appropriate standard for determining whether a matter must be reclassified for failing to meet the jurisdictional threshold for the amount of recovery is not whether damages “realistically” will exceed the threshold, but rather whether it is possible that the damages will. (See Maldonado v. Superior Court of Orange County (1996) 45 Cal.App.4th 397, 402 [“the trial court looks to the possibility of a jurisdictionally appropriate verdi...

Excerpt: ...gment was assigned to AKT Enterprises Group, Inc. (“AKT”). On January 18, 2019, AKT filed the instant Motion to Amend Judgment, asking the Court to remove 1Two from the judgment so it can proceed with a writ of execution against Ricciardi. In an attempt to enforce the judgment, AKT requests the Los Angeles County Sheriff to serve a writ of execution to levy Ricciardi's bank account, but the Sheriff refused because 1Two is listed on the judgme...

Excerpt: ...ts—including how SAL is a party to the Contract, SAL's assignment of right on the Contract to LAFCU, and the basis to compel Jabarin to submit to arbitration. I. Background On September 6, 2018, Plaintiff Elida Erazo (“Erazo”) filed this action against Defendant Los Angeles Federal Credit Union (“LAFCU”). On October 17, 2018, Cross- Complainant LAFCU filed a Cross-Complaint against Cross-Defendants Erazo, Karim Jabarin (“Jabarin”), ...

Excerpt: ...�Motion”) under the discretionary provision of CCP § 473(b). Plaintiff filed an Opposition on February 5, 2019. Defendant replied on February 21. TENTATIVE RULING: Defendant Jesus Nunez's Motion to Vacate Default and Default Judgment is GRANTED. The default and default judgment are hereby vacated. The Answer that Defendant filed on January 25, 2019 is deemed filed. Trial is set for _________________ at 8:30 a.m. in Department 94. All discovery...

Excerpt: ...plicants Bessie Huckabee, Kay Passailaigue Slade, Sandra Byrd, and Peter Kouten (collectively, “Applicants”) applied for and obtained an entry of judgment against Betty Fisher (“Fisher”) from this Court based on an order from the State of South Carolina. (11/6/18 Appl.) On February 4, 2019, Fisher filed a Motion to Vacate Sister- State Judgment (the “Motion”). Legal Standard CCP § 1710.40(a) provides that a judgment entered based on ...

Excerpt: ...nd renewed on August 30, 2018. On March 5, 2019, Defendant filed a Motion to Vacate the Renewal of Judgment <004b00480003004b004400 004b0048000300520055[iginal judgment. On April 11, 2019, Plaintiff filed an Opposition contending that Defendant fails to provide proof that he has paid the judgment in full. II. Legal Standard CCP § 683.170 provides in pertinent part: “(a) The renewal of a judgment pursuant to this article may be vacated on any g...

Excerpt: ... 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 on each element of each cause of action on whi...

Excerpt: ...ry 7, 2019, Moving Defendants filed a Demurrer to the Complaint. On January 22, 2019, Plaintiff filed an opposition. Moving Defendants replied on January 29. At the previous hearing, the Court continued the Demurrer because Moving Defendants failed to file a declaration attesting to what good faith meet-and-effort they made to resolve the disputed issues raised in the Demurrer. On March 13, 2019, Moving Defendants filed such a declaration; the Co...

Excerpt: ...ae Jung Lee. I. Background On October 19, 2018, Plaintiff Yong Bum Lee, as guardian of Sae Jung Lee (“Plaintiff”) filed a complaint against Defendants In Gap Jeon d/b/a 153 Barber Shop and Does 1 through 20 for violation of Unruh Civil Rights Act. On January 16, 2019, Defendant In Gap Chun (erroneously sued as In Gap Jeon) (“Defendant”) filed the instant demurrer to complaint. II. Legal Standard A demurrer is a pleading used to test the l...

Excerpt: ...e deserves a chance to defend against the suit. TENTATIVE RULING: Defendants American Metal Recycling Service of Nevada, Inc. (“Defendant AMRSN”) and Howard Misle's Motion to Vacated Default and Default Judgment is continued to June 24, 2019 at 8:30 am in Department 94. Discussion On April 4, 2018, Plaintiff Navitas Lease Corp. (“Plaintiff”) filed the instant action for breach of lease agreement against Defendants American Metal Recycling...

Excerpt: ...intiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 25...

Excerpt: ...473, subdivision (a) and California Rules of Court, Rule 3.1324. Plaintiff is to file the First Amended Complaint within ten (10) days of this order. Discussion On February 22, 2017, Plaintiff Gurgen Barsegyan (“Plaintiff”) filed the instant action for medical malpractice against Defendants Hollywood Cross Medical Clinic, Inc. (“Defendant Hollywood Cross”) and Magdi Gindi, M.D. (“Defendant Gindi”). The Complaint alleges that Defendant...