Excerpt: ...artnership DEMURRER (CCP § 430.40, et seq.) TENTATIVE RULING: Plaintiff/Cross-Defendant Zemanek & Mills, APC's Demurrer to Defendant's Cross- Complaint is SUSTAINED as to the first through fifth causes of action. Defendant HREP is granted 20 DAYS' LEAVE TO AMEND. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed o...

Excerpt: ...EFAULT AND DEFAULT JUDGMENT (CCP §§ 473, 473.5) TENTATIVE RULING: Defendants Wilshire Property Management, LLC, Moshe Feingold, and Morris Maky's Motion is GRANTED as to the request to set aside default. The default entered against Defendants Wilshire Property, Feingold, and Maky on October 1, 2019 is HEREBY VACATED. However, Defendants' request to set aside default judgment is DENIED. Proposed answer to be filed within ten (10) days of this or...

Excerpt: ... seq.) TENTATIVE RULING: Defendants Gold'n Time, Inc. and Mahmoud Mourtban's Demurrer to Plaintiff's First Amended Complaint is OVERRULED as to the first cause of action, SUSTAINED WITHOUT LEAVE TO AMEND as to the third and fourth causes of action, and SUSTAINED WITH LEAVE TO AMEND as to the second and fifth causes of action. Plaintiff is granted 20 DAYS' LEAVE TO AMEND. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct...

Excerpt: ...q.) TENTATIVE RULING: Defendants Melissa English and Lunona Burton's Petition to Confirm Arbitration Award is GRANTED ON THE CONDITION THAT, before the hearing, Defendants file a proof of service demonstrating they notified Plaintiff of the change in hearing location. Otherwise, the hearing is CONTINUED TO OCTOBER 15, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. If continued, at least 16 court days before the next schedule...

Excerpt: ...ARY ADJUDICATION (CCP § 437c) TENTATIVE RULING: Defendant PV Holding Corp.'s Motion for Summary Judgment is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 27, 2020 [ ] Late [X] None REPLY: None filed as of July 27, 2020 [ ] Late [X] None ANALYSIS: I. Background On April 30, 2019, Plainti...

Excerpt: ...re to do so may result in the Motion being placed off calendar or denied. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 20, 2020 [ ] Late [X] None REPLY: None filed as of July 20, 2020 [ ] Late [X] None ANALYSIS: I. Background On June 27, 2018, Plaintiff American Contractors Indemnity Company (�...

Excerpt: ...[X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 17, 2020 [ ] Late [X] None REPLY: None filed as of July 17, 2020 [ ] Late [X] None ANALYSIS: I. Background On June 17, 2020, Petitioner Inland Valley Humane Society (“Petitioner”) filed the instant Petition for Determination of Vicious Dog and Imposition of Fines (the “Petition”) against Respondent Jorge H...

Excerpt: ...] None ANALYSIS: I. Background On May 14, 2018, the District Court of the 101st Judicial Distract in Dallas County, Texas entered a final default judgment in the amount of $14,475.11, plus post-judgment interest and taxable court costs (the “Judgment”) in favor of Judgment Creditor Deadsoxy, LLC (“Judgment Creditor”) and against Judgment Debtor Soxnet, Inc. (“Judgment Debtor”). (11/6/19 Application, Exh. B.) On November 6, 2019, Judgm...

Excerpt: ...d off calendar or denied. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 13, 2020 [ ] Late [X] None REPLY: None filed as of July 13, 2020 [ ] Late [X] None ANALYSIS: I. Background On May 8, 2018, Plaintiff Ji Ae Kim (“Plaintiff”) filed an action for negligence against Defendant Anthony Fornas...

Excerpt: ... OPPOSITION: Filed on June 30, 3030 [ ] Late [ ] None REPLY: Filed on July 6, 2020 [ ] Late [ ] None Motion to Dismiss OPPOSITION: Filed on June 30, 3030 [ ] Late [ ] None REPLY: Filed on July 6, 2020 [ ] Late [ ] None ANALYSIS: I. Background On July 22, 2019, Plaintiff Custompak, LLC (“Plaintiff”) filed an action for breach of contract and common counts against Defendant 3L Distribution, Inc. (“Defendant”). Plaintiff filed a proof of ser...

Excerpt: ...dition, Plaintiff's motion for attorney's fees on appeal is GRANTED IN THE AMOUNT OF $12,350.00. However, Defendant's motion to tax costs on appeal is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK Motion for Attorney's Fees (Prejudgment) OPPOSITION: Filed on June 23, 2020 [ ] Late [ ] None REPLY: Filed on June 30, 2020 [...

Excerpt: ... ] Late [ ] None REPLY: Filed on April 16, 2020 [ ] Late [ ] None ANALYSIS: I. Background On November 15, 2019, Plaintiff Ai-Ajah Parker (“Plaintiff”) filed a form Complaint, in pro per, for general negligence, intentional tort, and legal malpractice against Defendant Liberty Law Group (“Defendant”). (Compl., ¶ 10.) On December 20, 2019, Defendant filed a Declaration of Demurring or Moving Party in Support of Automatic Extension, stating...

Excerpt: ...imely Filed (CRC 3.1300) OK (both) [X] Correct Address (CCP 1013, 1013a) OK (both) [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK (both) Motion for Leave to Amend OPPOSITION: Filed on June 18, 2020 [ ] Late [ ] None REPLY: None filed as of June 30, 2020. [ ] Late [X] None Demurrer OPPOSITION: None filed as of June 30, 2020 [ ] Late [X] None REPLY: None filed as of June 30, 2020 [ ] Late [X] None ANALYSIS: I. Background On January 16, 2019, Plainti...

Excerpt: ...s of June 29, 2020 [ ] Late [X] None ANALYSIS: I. Background On December 3, 1999, the Court entered a judgment in favor of Judgment Creditor National Credit Acceptance, Inc. (“Judgment Creditor”) and against Judgment Debtor Hsu Lung aka Hwalung L. Hsu aka Hsu Hwang Lung (“Judgment Debtor”) in the amount of $8,814.76 (the “Judgment”) under the original Case No. 99C02914. (Mot., Scalia Decl., ¶ 3, Exh. A.) On March 19, 2009, the Judgme...

Excerpt: ...ein. Failure to do so may result in the Petition being placed off calendar or denied. SERVICE: [ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO [ ] Correct Address (CCP §§ 1013, 1013a) NO [ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO OPPOSITION: None filed as of June 25, 2020 [ ] Late [X] None REPLY: None filed as of June 25, 2020 [ ] Late [X] None ANALYSIS: I. Background On February 25, 2020, Petitioner Progressive Direct Insur...

Excerpt: ... filed this action against Defendant/Judgment Debtor Forrest Balmain (“Defendant”). Following multiple unsuccessful attempts to personally serve Defendant at 29277 North Rio Lobo Way, Santa Clarita, CA 91354 (the “Rio Lobo Address”), on May 7, 2013, Plaintiff's Application for Publication was granted, and the proof of service by publication was filed on July 12, 2013. (Oppo., Medioni Decl., ¶ 10, Exhs. E, F.) On August 7, 2013, default w...

Excerpt: ... 9, 2018, Plaintiff Gregory Randolph (“Plaintiff”) filed an action for violation of the Rosenthal Fair Debt Collection Practices Act, violation of the Fair Debt Collection Practices Act, conversion, and negligence against Defendant Capital One Auto Finance. On August 8, 2019, Plaintiff substituted Capital Auto Financing, Inc. (“Defendant”) for Doe 2 and on October 4, 2019, dismissed Capital One Auto Finance from the lawsuit. (8/8/19 Amend...

Excerpt: ... Late [X] None REPLY: None filed as of June 17, 2020 [ ] Late [X] None ANALYSIS: I. Background On January 24, 2019, Plaintiff Delta Ridge Homeowners Association (“Plaintiff”) filed an action to foreclose lien, for breach of covenants, quantum meruit, and account stated against Defendant Miguel A. Arzate (“Defendant”). On August 5, 2019, Defendant filed an Answer, in pro per. On November 15, 2019, Plaintiff filed a motion to compel respons...

Excerpt: ...: None filed as of June 17, 2020 [ ] Late [X] None REPLY: None filed as of June 17, 2020 [ ] Late [X] None ANALYSIS: I. Background On February 21, 2020, Petitioner Inland Valley Humane Society (“Petitioner or “IVHS”) filed the instant Petition for Determination of Potentially Dangerous Dog and Imposition of Fines against Respondent Julia Alicia Calixto (“Respondent”). The Petition seeks a declaration that two German Shepherd male dogs a...

Excerpt: ...On April 10, 2019, Plaintiff Community Hospital Long Beach (“Plaintiff”) filed an action to enforce hospital lien against Progressive Casualty Insurance Company (“Defendant”). On May 6, 2019, Plaintiff filed a First Amended Complaint. On June 17, 2019, Defendant filed a Demurrer with Motion to Strike on the basis that (1) Plaintiff lacked standing to bring this action and (2) that the claim was barred by the one-year statute of limitation...

Excerpt: ...ember 16, 2019, Plaintiff Lakeisha Fernandez (“Plaintiff”) filed an action for fraud and breach of contract against Defendant Westlake Services, LLC dba Westlake Financial Services, LLC (“Defendant”). On March 3, 2020, Defendant filed an Answer. On January 28, 2020, Plaintiff filed the instant Motion and Application for Preliminary Injunction (the “Motion”). On March 10, 2020, Plaintiff filed an Ex Parte Application for Temporary Rest...

Excerpt: ...iled an action for discrimination on the basis of disability in public accommodations against Defendants Happy Toms Burgers, Raul Sanchez, and Happy Toms, LLC (“Defendant”) (collectively, “Defendants”). On January 6, 2020, Defendant Happy Toms, LLC filed an Answer. On February 6, 2020, Defendant Happy Toms, LLC filed the instant Motion for Order Deeming Truth of Matters Admitted and Request for Sanctions (the “Motion”). No opposition ...

Excerpt: ...16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the motions being placed off calendar or denied. ANALYSIS: I. Background On September 28, 2018, Plaintiff Lamaas El (“Plaintiff”) filed an action for general negligence, in pro per, against Custody Assistant Soto (“Defendant”). Plaintiff alleges that on April 16, 2...

Excerpt: ...“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Morgan Stanley & Co., LLC and Financial Industry Regulatory Authority (“Respondents”) on August 30, 2019. The Petition seeks to confirm the arbitration award issued on April 15, 2019 in favor of Petitioner requiring expungement of all references to the arbitration proceeding from registration records maintained by the Central Registration...

Excerpt: ...romissory note. On August 14, 2019, the Court entered default against Defendant. On October 31, 2019, Defendant filed the instant motion to set aside default. The motion was originally scheduled to be heard on November 26, 2019, in Department F43 (in Chatsworth). The case was transferred and the motion was set for hearing on March 9, 2020, in Department 25 (Spring Street). II. Legal Standard C.C.P. §473(b) provides, in pertinent part, as follows...