Excerpt: ...ract, breach of the covenant of good faith and fair dealing, quantum meruit, unjust enrichment, and for foreclosure of mechanic's lien against Defendant Teresa P. Caldwell (“Defendant”). On July 2, 2019, Defendant filed the instant Demurrer to Complaint of Pacifica Stone and Tile, Incorporated (the “Demurrer”). On August 14, 2019, Plaintiff filed an Opposition and on August 23, 2019, Defendant filed a Reply. On October 23, 2019, Plaintiff...

Excerpt: ... the instant Demurrer to Plaintiff's Complaint (the “Demurrer”). To date, no opposition or reply briefs have been filed. II. Legal Standard “The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) “A demurrer...

Excerpt: ... a Promissory Note dated July 1, 2010 for $20,000.00 between Defendant and Phillip Clarke, Plaintiff's husband who not a party to this action. (Plf. Exhibit List, Exh.C.) Defendant is the Trustee of the Betty J. Wilkins Living Trust, which owns real property located at 11522 Promenade Dr., Santa Fe Springs, CA 90670 (the “Subject Property”). Plaintiff contends that the money was borrowed to “make payments” on the Subject Property. (Prisci...

Excerpt: ...nswer. On May 3, 2019, Cordova and Montoya filed a Motion for Leave to File First Amended Complaint (“Motion for Leave”), seeking to add Rumaldo Castillo (“Castillo”) as a plaintiff to this action. The Motion for Leave was initially heard on July 31, 2019, where Defendant argued in opposition that Castillo's claims were barred by the statute of limitations. (7/31/2019 Minute Order.) The Court rejected Defendant's arguments and noted the s...

Excerpt: ...re DENIED. OPPOSITION: Filed on January 14, 2020 ANALYSIS: I. Background On December 19, 2018, Plaintiff Latusha Hawley (“Plaintiff”) filed an action for motor vehicle negligence against Defendants Los Angeles County Metropolitan Transportation Authority (“Defendant”) and Octavio Ramos. On March 7, 2019, Defendant filed an Answer. On August 14, 2019, Defendant filed four Motions to Compel Further Discovery and Request for Sanctions. On Se...

Excerpt: ... filed the instant Motion to Strike Plaintiff's Request for Attorneys' Fees (the “Motion”) and a Request for Judicial Notice. On January 8, 2020, Plaintiff filed an Opposition. On January 13, 2020, Defendant filed a Reply brief and a second Request for Judicial Notice. II. Legal Standard California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, or improper. (Code Civ. Proc., §§...

Excerpt: ...ainst Defendants Jermayne Cooper and Jeannette Morgan (collectively, “Defendants”). The Judgment was entered in the amount of $1,995.00, which included $500.00 in attorneys' fees. (Request for Judicial Notice “RJN, ” Exh. 2, ¶¶ 4, 6.) The Judgment also included “all reasonable costs and attorneys' fees incurred by Plaintiff after the entry of this judgment in collecting the amounts awarded herein.” (Id., ¶ 7.) On February 27, 2018,...

Excerpt: ...st Defendants Nicholas Nagel and Jennifer Nagel (collectively, “Cross-Complainants”). Plaintiff's action stems from an accident that occurred between Plaintiff's insured and Nicholas Nagel, Jennifer Nagel's son. On June 12, 2019, Cross-Complainants filed an Answer and a Cross-Complaint against Cross-Defendants Mendota Insurance Company (“Mendota”) and Robert Nagel without clearly specifying a cause of action. On September 23, 2019, Mendot...

Excerpt: ...ckground The arbitration underlying this petition arose from allegations of breach of contract, breach of fiduciary duty, unsuitability, switching, fraud, negligent misrepresentation, negligence, and failure to supervise by Respondent Salvador Marroquin (“Respondent Marroquin”) against Petitioner Isidro Miramontes (“Petitioner”) and Respondent Morgan Stanley & Co. (“Respondent Morgan Stanley”) formerly known as Morgan Stanley DW, Inc....

Excerpt: ...or Production, Set One, Nos. 2 and 15, within 20 days of the date of this order. Judgment Creditor's request for sanctions is GRANTED. The Court imposes $810 in monetary sanctions against Judgment Debtor. ($250/hour * 3 hours + 1 filing fee of $60) Judgment Debtor is to pay these sanctions within 30 days of the date of this order. I. Background On January 27, 2012, a judgment was entered in favor of Plaintiff Merrill Corporation, Inc. (“Judgmen...

Excerpt: ...ed by Plaintiffs. The Complaint asserts causes of action for: (1) breach of oral contract, (2) breach of implied in fact contract, (3) quantum meruit, (4) open book account, and (5) account stated. MOTION: Defendant demurs to the entire Complaint (C/A 1-5) based on Plaintiffs' failure to state sufficient facts to any cause of action. As to C/A 1 and 2, Plaintiffs allege the Plaintiff entity entered into a contract with Defendant at a certain time...

Excerpt: ...ant Los Angeles County Metropolitan Transportation Authority (“Defendant”). On August 14, 2019, Plaintiff filed a First Amended Complaint (“FAC”) alleging negligence and dangerous premises. Plaintiff alleges she suffered injuries after she boarded one of Defendant's trains, which began jerking as it took off, causing Plaintiff to slip and fall. (FAC, ¶ 9.) On November 21, 2019, Defendant filed the instant Demurrer to Plaintiff's First Am...

Excerpt: ...ination of lease agreement. REQUEST FOR RELIEF: Strike portions of First Amended Complaint that refer to a prior action between the parties on the grounds that claims resolved in that prior action are barred by res judicata. Strike requests for attorneys' fees and punitive damages as unsupported by the allegations. ANALYSIS: On January 2, 2019, Plaintiff Edward Leon Guy III (“Plaintiff”), a former tenant, brought this action to recover his se...

Excerpt: ...He continues to threaten Plaintiff and must be investigated. REPLY: None filed as of January 13, 2020. ANALYSIS: Plaintiff Mike McKelvy (“Plaintiff”) filed the instant action for defamation and slander against Defendant David Miller on December 18, 2018. Defendant filed a Special Motion to Strike the Complaint, which the Court placed off calendar on July 29, 2019 as not permitted in a court of limited jurisdiction. Defendant then filed a demu...

Excerpt: ...mined at a later hearing Plaintiff was asserting a products liability claim. (9/24/19 Minute Order.) On July 11, 2019, Defendant filed a Demurrer to Plaintiff's Complaint. On September 4, 2019, the Court sustained Defendant's Demurrer with 45 days' leave to amend. (Id.) The Court found that, because Plaintiff had not alleged which theory of liability he was asserting, it was not able to apply the correct elements of a product liability claim. (Id...

Excerpt: ...��) and Defendant Mia Adler Ozair (“Defendant”) executed an Attorney-Client Contingent Fee Retainer Agreement (the “Retainer Agreement”) in connection with a slip and fall action. On September 12, 2019, Plaintiffs filed an action for breach of the Retainer Agreement against Defendants. This Complaint was filed before a Notice of Client's Right to Fee Arbitration (the “Arbitration Notice”) was provided to Defendant. On November 7, 2019...

Excerpt: ...ntiff Michelle Madrigal (“Plaintiff”) filed the instant action for nuisance, negligence and trespass against Defendants Paul Andrikian, Karineh Andrikian, and Green Apple Tree Investments LLC (“Defendants”). On November 22, 2019, Defendants filed the instant Demurrer to the Complaint. To date, no opposition has been filed. Discussion The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of C...

Excerpt: ...(Pet., Statement of Decision and Award, p. 15.) The arbitration award stems from a dispute over legal services provided to Petitioner's daughter and granddaughter, Jennifer Hebert (“Hebert”). (Id., p. 5.) On June 29, 2017, Petitioners filed a Petition to Confirm Arbitration Award (the “Petition”) against Respondent. The non-jury trial scheduled for December 31, 2018 was placed off calendar when counsel for Petitioner stated it intended to...

Excerpt: ... $8,708.39. On October 31, 2019, Judgment Debtor filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”). On December 20, 2019, Judgment Creditor filed an Opposition brief. To date, no reply brief has been filed. II. Legal Standard & Discussion A. Service Code of Civil Procedure section 1005 requires that all moving and supporting papers for a motion be served and filed at least 16 court days before the hearing on th...

Excerpt: ...y (the “Financial Responsibility Agreement”) (collectively, the “Agreements”). (Mot., Sobel Decl., ¶¶ 11, 16, Exhs. 1, 2.) The Agreements provided for the care of Defendant's newborn child. (Mot., p. 6.) Defendant terminated Plaintiff's services on November 12, 2015. (Supp. Solorzano Decl., ¶ 6.) On July 6, 2018, Plaintiff filed an action for breach of contract and account stated against Defendant for failure to pay for the care provid...

Excerpt: ...meruit, and accounts stated. On February 8, 2018, default was entered against Judgment Debtor. On May 22, 2018, default judgment against Judgment Debtor was entered. Judgment Creditor attempted to serve Judgment Creditor with an order to appear for examination on July 3, 2019 but was unable to do so. (Mot., p. 7.) The Court notes that on July 3, 2019, the scheduled hearing on Application for Order for Appearance and Examination was placed off cal...

Excerpt: ... are no disputed facts as to Defendant's liability for indemnity on the construction bond. OPPOSITION: None filed as of December 19, 2019. REPLY: None filed as of December 19, 2019. ANALYSIS: Discussion Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the instant action for breach of indemnity agreement, statutory indemnity, and common counts against Defendants Newport Construction, Inc., Michael Mansour Mojaver aka Michae...

Excerpt: ...ponsive pleading, the court entered her default on May 14, 2010 and her default judgment on May 21, 2010. Defendant filed the instant Motion to Vacate Default and Default Judgment on August 14, 2019. To date, no opposition has been filed. As an initial matter, the motion is not accompanied by a proof of service demonstrating service of the motion on Plaintiff as required by Code of Civil Procedure section 1005. The hearing on the motion must be c...

Excerpt: ...ssolution proceeding”). In December 2015, the dissolution proceeding resolved with a stipulation for entry of judgment pursuant to which Defendant received certain real property as her sole and separate property. The parties' contractual relationship ended in June 2016. In July 2016, Plaintiff filed a Notice of Lien in the dissolution proceeding. In October 2017, Plaintiff filed an Amended Notice of Lien and recorded it with the Los Angeles Cou...

Excerpt: ... (“the Motion”). Defendant filed his opposition on August 26, 2019. Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (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...