Excerpt: ...Plaintiff on October 10, 2018, and Replied to by Defendant on October 18, 2018. Due to Default Judgment being entered on September 28, 2018, the hearing on Defendant's Motion to Vacate Entry of Default was never heard. ANALYSIS: Background On March 28, 2018, Plaintiff Jemal Williams (“Plaintiff”) filed a complaint against Defendants Hooshang Radnia as Trustee of the Hooshang Radnia Family Trust and United RTM Incorporated (collectively, “De...

Excerpt: ...., ¶ 1.) Defendant Joseph Callier (“Defendant”) purchased a condominium in Plaintiff's common interest development that was subject to a Declaration of Covenants, Conditions, and Restrictions (the “Declaration”). (Id., ¶ 5, Exh. A.) On October 10, 2016, Plaintiff filed a Complaint based on the Declaration to recover monies owed and to foreclose an assessment lien against Defendant. On June 27, 2017, the parties reached a settlement agre...

Excerpt: .... On February 14, 2019, Cross-Complainant filed a Cross- Complaint for indemnity and apportionment of fault against Cross-Defendants Yrin Jannete Pereida And Yris Pereira (“Cross-Defendants”). Cross-Defendants filed the instant demurrer to the Cross-Complaint on July 22, 2019. Cross-Complainant filed an opposition on August 7, 2019 and Cross-Defendants replied on August 9, 2019. The Demurrer initially came for hearing on August 19, 2019, at w...

Excerpt: ...counts Receivable Capitol Group, LLC and Medlien Solutions (“Respondents”). On June 26, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed. Legal Standard Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all ...

Excerpt: ...ered judgment in favor of Plaintiff and against A K & D in the amount of $11,765.00, plus 10 percent interest from May 13, 2016. Judgment Creditor now moves to amend the judgment to add Anna Darbinian (“Darbinian”) and Neville Asherson (“Asherson”) to the judgment as alter egos of A K & D. Legal Standard Pursuant to Code of Civil Procedure section 187, a trial court has jurisdiction to modify a judgment to add additional judgment debtors....

Excerpt: ...a (“Cross-Complainant”). On June 21, 2019, Cross-Complainant filed a Cross-Complaint for breach of contract against Cross-Defendant. Cross-Defendant then filed the instant Demurrer to the Cross-Complaint on September 4, 2019. To date, no opposition has been filed. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party...

Excerpt: ...ne of the accident support the third cause of action and request for exemplary damages. REPLY: None filed as of December 2, 2019. ANALYSIS: Plaintiffs Rodolfo A. Pineda and Judy Pineda (“Plaintiffs”) filed the instant action for negligence, motor vehicle negligence, and intentional tort against Defendant Joanna Otero (“Defendant”) on January 25, 2019. Defendant filed the instant Motion to Strike on May 7, 2019. Plaintiff filed their oppos...

Excerpt: ...l tort and fourth cause of action for fraud in the First Amended Complaint for failure to allege facts sufficient to state a cause of action and uncertainty. There are no facts alleged that Defendant intentionally violated the law, and the fraud cause of action is not alleged with the requisite specificity. Strike the request for punitive damages because it is unsupported by the facts alleged. OPPOSITION: [Untimely filed on November 22, 2019; due...

Excerpt: ...dvertence. OPPOSITION: The mistake of Defendant's two attorneys in failing to communicate about the filing of the Cross-Complaint should not be at Plaintiff's expense. REPLY: None filed as of December 2, 2019. ANALYSIS: On March 7, 2019, Plaintiff Saeed Abolghasemi (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Ivania Pineda (“Defendant”). Defendant filed her Answer on April 25, 2019. On August 1, 20...

Excerpt: ...uerrer is SUSTAINED without leave to amend as to Plaintiff's first, second, and ninth causes of action. SUMMARY OF COMPLAINT: Action for (1) violations of the Vocational Nursing Practice Act and California Board of Nursing, (2) Breach of Contract, (3) Fraud, (4) Discrimination, (5) Defamation, (6) Civil Conspiracy, and (7) Bribery arising from Plaintiff (a nursing student)'s complaints about her peer's cheating, the response of the College Admini...

Excerpt: ... motor vehicle negligence. Plaintiff alleges in the Complaint that Defendant breached her duty of care by negligently reversing her motor vehicle, striking Plaintiffs' vehicle. On August 15, 2019, Defendant brought the instant Motion for Summary Judgment on the Complaint (the “Motion”). An opposition was late-filed and late-served by plaintiffs, thus the court declines to consider the opposition. II. Legal Standard “The motion for summary j...

Excerpt: ... from spending, transferring, or wasting any of the subject funds in his Wells Fargo and Bank of America, N.A. Accounts (the “Bank Accounts”) and restraining the Los Angeles Sheriff's Department from releasing any personal property to Kim or Kim's business, the Law Offices of Moon Kim, Professional Corporation (the “Law Offices of Moon Kim”). Plaintiff/Judgment Creditor Daisy Sandoval obtained a writ of execution against the personal prop...

Excerpt: ...ESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFF'S COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS' NOTICE OF THIS ORDER. ANALYSIS: On August 19, 2019, Plaintiff Ericka Guadalupe Marin (“Plaintiff”) filed this action against Defendants Westlake Services, LLC dba Westlake Financial Services (“Holder”) and Great American Insurance Company (“Great American”). Plaintiff filed the instant Motion to Compe...

Excerpt: ...d claims against Defendant Holy Temple Missionary (“Defendant”) on March 25, 2019. Following Defendant's failure to file a responsive pleading, the court entered its default on May 16, 2019 and default judgment on July 25, 2019. Defendant filed the instant Motion to Vacate Default and Default Judgment and/or Quash Service of Summons and Complaint on October 11, 2019. To date, no opposition has been filed. Vacate Default and Default Judgment T...

Excerpt: ...ian Ledesma (“Defendant”). Defendant filed his Answer on May 31, 2019. On July 1, 2019, Defendant also filed a Notice of Stay of Proceedings pursuant to arbitration of attorney fees and costs under Business and Professions Code section 6201. However, no copy of Defendant's request for arbitration is attached to the Notice of Stay as required by Cal. Business and Profession Code section 6201, subdivision (b). Plaintiff filed the instant Motion...

Excerpt: ...fendant Adrian Romero (“Defendant”), on June 11, 2019. After the Court sustained Defendant's demurrer to the first amended complaint, Plaintiff filed a Second Amended Complaint (“SAC”) on December 18, 2018. Then, without leave of court, Plaintiff filed a Third Amended Complaint (“TAC”) on December 31. On July 2, 2019, Defendant filed a Motion to Strike the TAC and a Demurrer to the SAC. Before filing a demurrer or motion to strike, th...

Excerpt: ... Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed this action against Defendants Mosh Company, Inc. (“MCI”) and Moshe Golan (“Golan”) (collectively, “Defendants”) for breach of contract and related causes of action. On February 26, 2018, Plaintiff served form interrogatories (“FROG”) on Defendants, to which Defendants responded on April 26, 2018. (Motions, Tabibi Decls. ¶¶ 2-3.) Finding Defendants' discovery responses to b...

Excerpt: ...Holdings, LLC, Howard Management Group, Daniel Sloan, Gonzalo Olmedo d/b/a Olmedo's Construction, and Business Alliance Insurance Company's Motion for Protective Order is PLACED OFF CALENDAR. Plaintiffs Joel Bander and Felicia Bander's Motions to Compel Further Discovery Responses are PLACED OFF CALENDAR. Defendant WIR Holdings, LLC's Motion for Leave to File Cross-Complaint is PLACED OFF CALENDAR. REQUEST FOR RELIEF: Grant Plaintiff leave to fil...

Excerpt: ...Anderson(“Defendant”), an operator of a hair salon. In response, Defendant filed a Demurrer to and Motion to Strike the Complaint on July 16, 2019. Plaintiff filed an Opposition on July 22. 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.” (Harr...

Excerpt: ...ed and abetted his car credit company in repossessing his 1998 Mercedes-Benz. According Plaintiff, an officer from the Santa Monica Police Department (“SMPD”) “threatened and demanded” him to give his car key over, which he did. Because of this, Plaintiff loss this Mercedes-Benz and missed work. Plaintiff also alleges in a conclusory manner that the officer racially harassed him. On June 5, 2019, Plaintiff brought the instant Motion for S...

Excerpt: ..., 2019, Plaintiffs Bruce Ngoun Ho and Dana May Ho (collectively, “Plaintiffs”) served their Requests for Production of Documents (“RFP”) on Defendant Chang Hyo Choo (“Defendant”). (8/12/19 Dunham Decl. ¶ 3, Exh. A.)[1] On June 7, 2019, Defendant served their discovery responses on Plaintiffs. (Id. ¶ 3, Exh. C.) As relevant here, Defendant's response to RFP No. 5 states: “Responding Party will comply by providing his driver's licen...

Excerpt: .... On January 25, 2017, Judgment Creditor assigned her judgment to Judgment Assignee Andrew Larson dba HCR Beverly Hills (“Judgment Assignee”). On May 8, 2019, Judge Moreton signed an Affidavit of Identity and Order to add non-party Moon Kim (“Kim”) as an additional name of Judgment Debtor. In effect, the Court has deemed Judgment Debtor to be “Law Offices of Moon Kim aka Moon Kim” or “Moon Kim dba Law Offices of Moon Kim.” Soon af...

Excerpt: ... and default judgment <0047000300240058004a00 00130014001b000f0003[respectively. Plaintiff dismissed Starbucks without prejudice on August 2. On April 26, 2019, CHL filed an ex parte application to vacate the default and default judgment, but it was denied. Then on May 2, 2019, CHL filed the instant Motion to Vacate Default and Default Judgment (the “Motion”) under CCP § 473(b) and equitable relief. Plaintiff filed an Opposition on May 8. CH...

Excerpt: ...spite being represented by counsel since March, 2017. OPPOSITION: The motion is untimely as it was not brought within six months of entry of default. Nor is the motion supported by evidence of any mistake, inadvertence or excusable neglect by Defendant. REPLY: The motion is timely brought less than six months after the entry of default judgment. A void default or default judgment may be set aside under Code of Civil Procedure section 473.5. This ...

Excerpt: ...1, 2001, Plaintiff Bank of America, NA filed a complaint for (1) breach of written agreement, (2) money lent, (3) open book account, (4) account stated, (5) unjust enrichment, and (6) breach of personal guaranty. On January 2, 21002, default judgment was entered against Defendant Jagit Singh (“Defendant”). The judgment was renewed on October 5, 2011. On March 5, 2018, the judgment was assigned to moving party New Falls Corporation (“New Fal...