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: ...YSIS: I. Discussion On December 4, 2019, Petitioner Inland Valley Humane Society on behalf of The City of Pomona (“Petitioner” or “IVHS”) filed a petition to determine if a dog is potentially dangerous. On December 4, 2019, the Court set a hearing on the petition for April 8, 2020. On December 9, 2019, the Court set a hearing on the petition for December 18, 2019. No opposition has been filed. II. Legal Standard A petition to determine if...

Excerpt: ... Your Way Out Bail Bonds (“YWO”) (collectively, “Defendants”). SAB is the landlord and owner of the premises out of which YWO operates. (Sabouhi Decl., ¶¶ 2, 3.) The complaint alleges Defendant failed to offer a disabled handicap parking spot for Plaintiff and others similarly disabled. (Compl., ¶¶ 4, 12.) On September 23, 2019, YWO was dismissed with prejudice. On August 30, 2019, SAB filed this Motion for Summary Judgment or in the ...

Excerpt: ...Ok Lee (collectively, “Defendants”) in connection with a bicycle-vehicle accident. On August 19, 2019, Defendants moved the court for an Order Compelling Plaintiff's Attendance at Deposition and for Monetary Sanctions. (Bui Decl., ¶ 2.) Defendants presented evidence of Plaintiff's repeated failure to appear for scheduled depositions. (8/19/2019 Minute Order.) Specifically, Plaintiff was noticed for deposition on March 5, 2019, but reschedule...

Excerpt: ...ed Complaint in its entirety on the basis that it is barred by res judicata, and to the individual causes of action for failure to state sufficient facts to constitute a cause of action. OPPOSITION: Plaintiffs filed a number of documents appearing to argue that res judicata does not apply. No grounds are intelligible. ANALYSIS: 1. Background The grounds for this action are unclear. Plaintiffs' First Amended Complaint (“FAC”) alleges causes of...

Excerpt: ...and Maria Tovar, (collectively, “Defendants”). On September 18, 2008, Default Judgment was entered by the court against Defendants in the amount of $18,402.36 jointly and severally. (9/18/08 Default Judgment.) On September 24, 2008, Plaintiff Filed a Memorandum of Costs After Judgment, which sought $18,597.24 in attorneys' fees and costs. (Mot., Exh. 3.) Plaintiff filed an application for renewal of judgment against Manuel Tovar on August 1, ...

Excerpt: ...ff Antanesha Hasley's Deposition. OPPOSITION: Filed on December 5, 2019. ANALYSIS: On March 16, 2017, Plaintiff Antanesha Hasley (“Plaintiff”) filed a Complaint against Defendants Victor Ahumada, M.R. Transportation, Inc. and Marianne Straughter (“Defendants”) arising from a March 16, 2015, automobile collision. Legal Standard Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including a...

Excerpt: ... 23, 2016, Plaintiffs Marcela Carmona and Jose D. Luna (collectively, “Plaintiffs”) entered into a Retail Installment Sale Contact (“Contract”) for the purchase of a used vehicle, namely a 2009 Acura TSX from Defendant Pedro Segura dba Segura Motors (“Defendant”). (Compl. ¶ 3,16, Exh. 1.) On March 22, 2019, Plaintiffs filed this action for violation of consumer rights, for unfair business practices, for violation of the implied warra...

Excerpt: ...tiff the sum. On June 3, 2019, Plaintiff filed an amendment to complaint, substituting in Defendant Superior Awning, Inc. as Doe 1. On August 9, 2019, Defendant Outloud Audio filed this motion. On November 26, 2019, Plaintiff filed the opposition. II. Legal Standard CCP section 1281.2 permits a party to file a motion to request that the Court order the parties to arbitrate a controversy. Under CCP section 1281.2, the Court may grant the motion if...

Excerpt: ...ber 9, 2018, the arbitrator issued an award in favor of Plaintiff Henriquez in the amount of $21,792.00. On February 14, 2019, the Court corrected the arbitration award by reducing it to $15,000 and approved minor Plaintiff's petition to approve minor compromise. On February 20, 2019, Plaintiff Henriquez filed a Memorandum of Costs asking for $6,614.65 in costs. In response, Defendant filed a Motion to Strike Costs on March 12. Plaintiff Henrique...

Excerpt: ...ndant was sub-served by leaving the papers with Catalina Alvarado at 18405 Companario Drive, Rowland Heights, California on June 20, 2002 at 9:59 am. (Opp., Espinosa Decl., ¶ 10, Exh. A.) Default was entered on October 15, 2002. Default judgment was entered against Defendant on October 29, 2002. On August 30, 2010, Plaintiff submitted an application for renewal of judgment and case was given new case number. A Writ of Execution was issued on Dec...

Excerpt: ...um of $12,500 in June 2014. (Plaintiff's UMF, No. 2.) The Bond named Rocky Road General & Electrical Contractors, Inc. (“Rocky”) as the principal. (Id.) In exchange for the bond, ACIC and Martin John Farrell-Araque (“Defendant”) executed an Indemnity Agreement (the “Agreement”) on May 21, 2014. (Plaintiff's UMF Nos. 1, 2.) The Agreement stated the following: “IN CONSIDERATION of the execution of such bond, the undersigned, individua...

Excerpt: ...”), seeking to release a mechanic's lien recorded by Respondent HK General Contractors (“Respondent”) on real property known as 423 N. La Brea Ave., Inglewood, CA 90302 (the “Subject Property”). Respondent recorded the mechanic's lien on April 30, 2018 in the amount of $600,000 claiming it was not paid for labor, services, equipment, or materials furnished by Respondent for a work improvement done on the Subject Property. (Pet., ¶ 3.) ...

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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...ant”) on September 16, 2019. Defendant filed the instant Demurrer on October 28, 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's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demu...

Excerpt: ...g that her credit is being ruined because Defendant has not paid for her rental car. (Compl., ¶11g.) Defendant was not served in the action until October 2017, and did not file its Answer until February 2018. Defendant filed a Motion for Summary Judgment on August 20, 2018. At the hearing on November 15, 2018, the Court deemed the Motion for Summary Judgment to be a Motion for Judgment on the Pleadings and granted it with 30 days' leave to amend...

Excerpt: ...ed economic damages. She has only produced medical records showing bills of $9,282.00. She offers no proof of her purported lost income or that good cause exists regarding the timing of this motion. ANALYSIS: On October 15, 2018, Plaintiff Yanette Arlene Enriquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Charles Michael Heldebrant (“Defendant”). In the caption, the Complaint states that the amou...

Excerpt: ... cannot be liable for the criminal acts of third parties. OPPOSITION: The declaration of Defendant's expert is insufficient to carry their burden on summary judgment. Plaintiff is the real party in interest and Defendants owed her a duty to safeguard her property. REPLY: Reiterates moving arguments. ANALYSIS: On June 27, 2018, Plaintiff Ramesh Khalili (“Plaintiff”) filed the instant action for failure to provide adequate security against crim...

Excerpt: ...e statute of limitations, or alternatively, that the loan agreement fails to include all the information mandated for a retail installment contract by the Unruh Act. OPPOSITION: The cause of action for breach of an installment contract arises separately for each installment, and the statute of limitations for breach of a promissory note is six years. Also, where a note is acquired by a party who does not know of the note's non-compliance with the...

Excerpt: ...n favor of Plaintiff / Judgment Creditor Maricopa Meadows Homeowners Association (“Plaintiff”) and against Defendants Gloria Marquez and Regino Marquez (collectively “Defendants”). On July 24, 2019, Plaintiff filed a Motion for Award of Attorney's Fees and Costs (the “Motion”), requesting $2,540.00 in attorney's fees and $695.45 in costs. (Baillio Decl. ¶¶ 15-16.) Defendants do not oppose. II. Request for Judicial Notice Plaintiff r...

Excerpt: ...ndlord Defendant Chengchen Li aka Michelle Li (“Defendant”). On June 4, 2019, Plaintiff filed the First Amended Complaint (the “FAC”) for (1) fraud, (2) unjust enrichment, (3) breach of implied covenant of good faith, and (4) unlawful and unfair business practices. On October 1, 2019, the court sustained Defendant's demurrer to the entire FAC granted Defendant's motion to strike punitive damages, both with 20 days leave to amend. On Octob...

Excerpt: ....) On August 8, 2018, Plaintiff filed an Amendment to Complaint naming Canoga Park Bowl, LLC (“Canoga”) as a defendant. On November 8, 2018, Plaintiff filed a proof of service alleging that it served Mr. David Friedrich, Canoga's authorized agent, with the summons and complaint via personal service on October 4, 2018. Also on November 8, 2018, Default was entered against Canoga, and on August 5, 2019, judgment was entered in favor of Plaintif...

Excerpt: ...on for breach of written agreement and breach of the implied covenant of good faith and fair dealing. Plaintiffs alleged they entered into confidential settlement agreement with Defendant on or about December 1, 2017, for termination of the prior franchise agreement for the children's gym. (Complaint ¶6; Exhibit A.) Plaintiffs alleged Defendant breached the agreement and the implied covenant of good faith and fair dealing by refusing to perform ...

Excerpt: ...ss records is also MOOT. SUMMARY OF COMPLAINT: This action is a lemon law/breach of implied warranty of merchantability case arising from the sale of a vehicle. Plaintiff alleges that he purchased a 2016 Nissan Pathfinder from Defendant Safeway Auto Center, Inc. which was represented to be in good condition and never involved in an accident. Four days after Plaintiff purchased the vehicle, it died in the middle of an intersection and Plaintiff le...

Excerpt: ...OF ACTION IN THE CROSS-COMPLAINT WITH 20 DAYS' LEAVE TO AMEND. ANALYSIS: On March 18, 2019, Plaintiff MS Trading Services, Inc. (“Plaintiff”) filed the instant action for breach of oral contract and common counts against Defendant Mark Thornton (“Defendant”). Defendant filed a Cross-Complaint for breach of covenant of good faith and fair dealing, fraud, defamation, interference with prospective economic advantage and unfair business pract...

Excerpt: ...�Defendant”) and Arore B. Wagoner (“Arore”) on August 25, 2017. Arore was dismissed by Plaintiff on September 27, 2017. Trial in this matter was initially scheduled for February 22, 2019, and twice continued due to Defendant's non-appearance. When Defendant again failed to appear for trial, the court entered judgment in Plaintiff's favor on July 15, 2019. Plaintiff timely filed the instant motion for attorneys' fees on July 18, 2019. (See C...

Excerpt: ...which judgment was entered pursuant to the parties' stipulation on April 2, 2018. The Court takes judicial notice of the records of Akinyemi v. Wan, et al., LASC Case No. 17SMUD00919 (“the unlawful detainer action”). (Cal. Evid. Code, § 452, subd. (c).) On June 18, 2018, Cross-Defendant filed the instant action for breach of the settlement agreement. Cross-Complaint filed a cross-action on November 2, 2018. The Cross-Complaint alleges causes...

Excerpt: ...ff”) brought this action for breach of contract and related claims against Defendants Dave Walter and Dave Walter Tile & Stone Installations (collectively, “Defendants”). In response, Defendants filed a Demurrer to and a Motion to Strike the Complaint on May 23, 2019. Plaintiff filed his Opposition Papers on June 27, and Defendants replied on July 9. At the initial hearing on July 16, the Court found that Defendants failed to meet and confe...

Excerpt: ...st Defendants that Plaintiff informed its counsel that it had paid its insureds damages beyond the $21,569.91 originally pled in the Complaint. Therefore, the Complaint must be amended in the interests of justice and the action transferred to a court of unlimited jurisdiction. OPPOSITION: None filed as of November 5, 2019. ANALYSIS: On May 9, 2017, Plaintiff Trumbull Insurance Company (“Plaintiff”) filed the instant action for automobile subr...

Excerpt: ...ndum of Costs as they are barred by its offer under Code of Civil Procedure section 998. The Court can also exercise its discretion to bar the recover of costs incurred prior to the 998 offer, which was not reasonable nor made in good faith. OPPOSITION: As the prevailing party, Defendant is entitled to costs as a matter of right. Plaintiff does not offer any valid reason the Court should exercise its discretion to tax the costs. The costs sought ...

Excerpt: ...On March 7, 2018, Defendant filed its answer. Thereafter, on July 30, 2019, Plaintiff filed the instant Motion to Reclassify (the “Motion”). II. Legal Standard “If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order for reclassification only if both of the ...

Excerpt: ...Cross-Defendant Dedicato Treatment Center, Inc. (hereinafter referred to as “Cross-Defendant”) filed this action against Defendant Michael Anderson (“Defendant”) on September 12, 2019, arising from an insufficient check issued for Cross-Defendant's services rendered to Lina Pawlik. On July 1, 2019, Linda Pawlik filed a Cross-Complaint-in-Intervention, and then on September 17, 2019, filed a First Amended Cross-Complaint against Cross-Defe...

Excerpt: ...E REQUEST FO $7,500.00 IN DAMAGES AND ATTORNEY'S FEES. ANALYSIS: Plaintiff Albert Kamkar (“Plaintiff”) filed the instant action for breach of contract, open book account and fraudulent conveyance against Defendant Michael Rahimi (“Defendant”) on August 26, 2019. Defendant filed the instant Demurrer and Motion to Strike on October 11, 2019. Plaintiff filed his oppositions on October 28, 2019, but no proof of service is attached demonstrati...

Excerpt: ...� 664.6 to enforce the settlement. ANALYSIS: Plaintiff Shot's America, LLC's Motion to Enforce the Settlement Agreement and Enter Judgment is GRANTED. I. Background On July 30, 2018, Plaintiff Shots America, LLC (“Plaintiff”) executed a Settlement Agreement with Timothy Jason Stuart Miller (“Defendant”), to resolve this conversion of company funds action. (Motion, Exh. A (Settlement Agreement).) Pursuant to the Settlement Agreement, Defen...

Excerpt: ...s the doctrine of alter ego to add the following as a defendant: Best Domestic Employment Services, LLC (“BDES”) and Eric Blunt (“Blunt”). (See Motion p. 2.) No opposition has been filed. ANALYSIS: Plaintiff Luke Woodward's Motion to Amend Judgment is DENIED. I. Background On July 18, 2011, a judgment was entered against Defendant Best Domestic Services, LLC (“Defendant”) and in favor of Plaintiff Luke Woodward (“Plaintiff”). On J...

Excerpt: ... medical providers and insurers. REPLY: Filed on November 4, 2019. Reiterates the demurrer. ANALYSIS: Background On February 8, 2018, Plaintiff Healthcare Ally Management of California, LLC (“Plaintiff”) filed the instant action against Defendant Blue Shield of California (“Defendant”) arising from an alleged failure to pay for agreed upon medical services provided to Defendant's members. Defendant filed the instant demurrer to the Compla...

Excerpt: ...nge to a citation issued by Defendant California Department of Public Health. Plaintiff is an elder care center, and the Class “A” citation and the $20,000.00 penalty was issued for violation of 42 Code of Federal Regulations parts 483.20(G), 483.24, and 483.25(d). GROUNDS FOR MOTION: Plaintiff failed to file and serve a case management statement within the time period required by Cal. Health & Safety Code section 1428, subdivision (b). This ...

Excerpt: ...MITTED WITHIN TEN (10) DAYS. ANALYSIS: I. Background On January 14, 2019, an arbitrator awarded Writers Guild of America, West, Inc. (“Writers Guild”) $19,190 in damages plus finance charges of 18 % per year “on unpaid balance of each Principal Amount commencing on the date that is fourteen (14) days following the Contract Date of each option/purchase agreement” until the finance charges are paid in full, as well as $2,700 in arbitration ...

Excerpt: ...inst Defendant Torrance Unified School District (“Defendant”) for (1) negligence and (2) premises liability on September 5, 2019. In response, Defendant filed a Demurrer to the FAC on October 3, 2019. Plaintiff dismissed former Defendant City of Torrance on October 28. The Court is satisfied with Defendant's meet-and-confer effort. (Mott Decl. ¶ 5.) Accordingly, the Court turns to the merits of the Demurrer. II. Legal Standard “A demurrer ...

Excerpt: ...��). (Motion, Exh. A (Settlement Agreement).) Because Defendant breached his obligations to fully pay Plaintiff for the amount owed under the Settlement Agreement, Plaintiff has brought the instant Motion to Enforce the Settlement Agreement and Enter Judgment (the “Motion”) under CCP § 664.6. II. Legal Standard Code of Civil Procedure, section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties o...

Excerpt: ...lectively, “Defendants”) for (1) rescission of contract and (2) money had and received. In response, Defendants filed a Demurrer to the Complaint on September 16, 2019. Plaintiff opposed the Demurrer on October 18. Defendants have submitted proof of a meet of confer effort they made as required by CCP § 430.41(a), which Plaintiff does not dispute as insufficient. II. Legal Standard “A demurrer tests the legal sufficiency of the factual all...

Excerpt: ... filed an answer, default and default judgment were entered against him and in favor of Plaintiff Wells Fargo Bank, National Association (“Plaintiff”) on July 17 and October 8, 2019, respectively. The judgment was renewed on March 8, 2019. On April 11, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion to Vacate”), arguing that the substituted service of the Summons and Complaint was improper and ...

Excerpt: ...NIED AS TO THE SECOND CAUSE OF ACTION FOR COMMON COUNTS. THE COURT WILL NOT CONSIDER DEFENDANTS' REQUEST FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7 AT THIS TIME. ANALYSIS: Plaintiff Raj Champaneri (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Overland Pacific & Cutler LLC, Nevada Department of Transportation (“NDOT”), Kristina Swallow, Cole Mortensen, Jessica Biggin...

Excerpt: ...Vaquedano (“Defendant”). Defendant filed his Answer on May 10, 2019 and Proposed Intervenor Enterprise Rent-A-Car, LLC (“Enterprise”), on behalf of EAN Holdings, LLC filed the instant Motion to Intervene on September 25, 2019. To date, no opposition has been filed. The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed when “[t]he person seeking intervention claims an interest relating to the...

Excerpt: ...��Defendant”). Because Defendant failed to answer the Complaint, Plaintiff successfully obtained default and default judgment against her on March 12, 2014 and August 3, 2015, respectively. Four years later, Defendant brought the instant Motion to Vacate Default and Default Judgment (the “Motion”) under CCP § 473(d). Plaintiff filed an Opposition on August 21. Defendant filed a Reply on August 27. Plaintiff then filed an Objection to evide...

Excerpt: ...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 its first Motion to Vacate Default and Default Judgment (the “Motion”) on March 25, 2018. The motion was place...

Excerpt: ...Gonzales”) (“Gonzalez”) filed this breach-of-contract action against Defendant Leticia Vasquez dba Vasquez for Water Board 2016 (“Vasquez”). In response, Vasquez filed a Cross- Complaint against Gonzalez and other cross-defendants for breach of contract and fraud. After Gonzalez served his special interrogatories (“SROG”) on Vasquez, Vasquez responded on July 19, 2019. (Motion, Buccat Decl. ¶ 6.) Claiming that Vasquez's responses a...

Excerpt: ...omplaint, but the Court overruled it on October 22, 2018 and granted Defendant leave to file an answer within 20 days. Defendant, however, failed to file his answer within 20 days, so default was entered against him on November 27, 2018. Default judgment was subsequently entered against Defendant as well on August 8, 2019. Upon learning about the default and default judgment, Defendant filed the instant Motion to Vacate Default and Default Judgme...

Excerpt: ...t”) on August 9, 2019. Defendant filed the instant Demurrer on September 12, 2019. To date, no opposition has been filed. I. 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's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demur...

Excerpt: ..., Plaintiff filed a doe amendment naming Jesus Reyes (“Defendant”) and a First Amended Complaint. The First Amended Complaint alleges claims for (1) Personal Injuries; (2) Strict Liability [Civ. Code § 3342]; (3) Negligence; and (4) Negligent Infliction of Emotional Distress. On December 17, 2018, Plaintiff dismissed Pena. Defendant filed and served the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on July...

Excerpt: ...er then improperly obtained default against Respondent on July 29. On September 24, 2019, the Court vacated the entry of default on its own motion on the grounds that entry of default as to a Petition to Compel Arbitration is not proper under Code of Civil Procedure section 585. The hearing on the Petition to Compel Contractual Arbitration now comes before the Court. II. Legal Standard “On petition of a party to an arbitration agreement allegin...

Excerpt: ... On June 2, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed. I. Legal Standard Per CCP § 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 parties to the arbitration and may name as respondents any other persons bound by the arbitration awar...

Excerpt: ... agreed to an open-ended extension of the time to respond while the parties negotiated, but when negotiations stalled, sought Defendant's default. OPPOSITION: Plaintiff filed a doe amendment to change the name of Fox River Services, Inc. to Fox River Services, LLC, a.k.a. Fox River Accounting Services, LLC. Fox River Services, Inc. does not exist and Fox River Services, LLC, a.k.a. Fox River Accounting Services, LLC was properly served and has no...

Excerpt: ...3, 2003, Plaintiff / Judgment Creditor Ford Motor Credit Company (“Judgment Creditor”) filed the instant collections action against Defendant / Judgment Debtor Mark J. Avila (“Judgment Debtor”). On September 22, 2003, the Court entered default judgment against Judgment Debtor. The judgment was renewed on July 8, 2013. On October 17, 2018, the Court denied Judgment Debtor's Motion to Vacate Default and Default Judgment. Judgment Creditor f...

Excerpt: ...��) and Miriam Lazarovits dba Sol's Plumbing & Rooter (“Ms. Lazarovits”) (collectively, “Defendants”). Because Defendants failed to answer the Complaint, default was entered against them on April 30, 2019. Admitting their mistake for not answering the Complaint, Defendants brought separate Motions to Vacate Default and Default Judgment (collectively, the “Motions”) under the discretion provision of CCP § 473(b) on June 17, 2019. Whil...

Excerpt: ...r”) and against Respondent Briarwood Builder, Inc. (“Respondent”) in the sum of $18,001.50. Petitioner then brought the instant Petition to Confirm the Arbitration Award (the “Petition”) on April 10, 2019. II. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267,...

Excerpt: ...”) filed the instant action against Defendants Alisa Moffett and Domani Designs, Inc. dba Alisa Moffett Interiors (“Defendants”) on April 30, 2019. The Complaint alleges causes of action for 1) fraud; 2) breach of contract; 3) unjust enrichment; 4) money had and received' and 5) violation of Penal Code section 496. Defendants filed the instant Demurrer and Motion to Strike on August 26, 2019, which are accompanied by the required meet and c...

Excerpt: ...LLC (“Defendants”). Plaintiff filed the instant Motion for Summary Judgment on July 3, 2019. Defendants filed their opposition on September 9, 2019. I. Legal Standard A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Vesely v. Sager (1971) 5 Cal.3d 153.) The moving party must make an affirmative showing that he/she ...

Excerpt: ...ant Nellie Hernandez Berumen (“Defendant”) on July 12, 2017. Following Plaintiffs' failure to appear at trial on January 14, 2019, the Court dismissed the action without prejudice. Plaintiff filed the first Motion to Set Aside the Dismissal on March 7, 2019 but failed to appear at the hearing on May 8, 2019. The hearing was placed off calendar. Plaintiff filed a second Motion to Set Aside Dismissal that was granted on June 19, 2019. The Court...

Excerpt: ...2019 trial date. On September 4, 2019, Plaintiff filed the instant Motion to Reclassify (“the Motion”). Defendant filed his opposition on September 10, 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 th...

Excerpt: ...o Salamanca (“Plaintiff”) filed the instant action against Defendants Daisy Padilla and Maria Padilla for motor vehicle negligence on November 2, 2015. Plaintiff filed a First Amended Complaint on April 12, 2017, which alleges damages in excess of $25,000.00. Plaintiff's first Motion to Reclassify was denied on May 24, 2018. Plaintiff now brings this renewed Motion to Reclassify. To date, no opposition has been filed. Legal Standard CCP secti...

Excerpt: ... on Defendant through publication, and such service was accordingly made. (6/20/18 Proof of Service of Summons.) A default was entered against Defendant August 21, 2018, and a default judgment was entered on September 25, 2018. Defendant promptly filed a motion to vacate default and default judgment on October 30, 2018. At the initial hearing on the motion to vacate on December 5, 2018, the Court continued it to allow Defendant an opportunity to ...

Excerpt: ...m, Inc. (collectively, “Petitioners”) and against Respondents Silva Moradi, Nobility Health, <002f002f00260003000b00 00590048004f005c000f> “Respondents”) in the sum of $17,090. Petitioners then brought the instant Petition to Confirm and Correct Arbitration Award (the “Petition”) on May 14, 2019. II. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment o...

Excerpt: ... not allege facts showing compliance with the government claims process. OPPOSITION: Plaintiff's government claim substantially complies with the law and there is no prejudice from any non-compliance. REPLY: None filed as of September 6, 2019. ANALYSIS: Plaintiff Miguel Angel Torres (“Plaintiff”) filed the instant action for assault and battery, false imprisonment and related claims against Defendants California Department of Motor Vehicles a...

Excerpt: ...MEND AS TO THE ALLEGATIONS AND REQUEST FOR PUNITIVE DAMAGES. SUMMARY OF COMPLAINT: Action for breach of contract, common counts, and defamation. REQUEST FOR RELIEF: Sustain demurrer to Complaint for failure to allege facts sufficient to state a cause of action and uncertainty. Strike request for punitive damages as unsupported by the facts alleged. ANALYSIS: Plaintiff Enrich Financial, Inc. (“Plaintiff”) filed the instant action for breach of...

Excerpt: ...t had paid its insureds damages beyond the $21,569.91 originally pled in the Complaint. Therefore, the Complaint must be amended in the interests of justice and the action transferred to a court of unlimited jurisdiction. OPPOSITION: None filed as of September 6, 2019. ANALYSIS: On May 9, 2017, Plaintiff Trumbull Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Angelica Gema Garcia and Ang...

Excerpt: ...llateral estoppel. REPLY: The opposition is confusing and ultimately fails to show that there is no possibility of a judgment exceeding $25,000.00. ANALYSIS: <0051005700030024004f00 00480055000300470045>a Alyssa Pizer Management, LLC (“Cross-Defendant”) filed the instant action for breach of contract against Defendant / Cross-Complainant Marley Kate Rizzuti (“Cross-Complainant”). On December 11, 2018, Cross- Complainant filed a Cross-Comp...

Excerpt: ...nd negligence, and reclassify action as unlimited based on damages in excess of $25,000.00. OPPOSITION: Defendant unreasonably delayed in moving to amend its Cross-Complaint such that Plaintiff will be prejudiced if amendment is allowed. Furthermore, the proposed First Amended Cross-Complaint does not allege sufficient facts to state the new causes of action. These motions are brought in bad faith and must be denied. REPLY: There is no substantia...

Excerpt: ...rvice shows that a registered process server personally served Defendant with the Summons and Complaint on April 13, 2019 at 3027 <00440059004c0047000300 00470047005500480056[s”). (4/23/19 Proof of Service of Process.) Defendant claims that he was not personally served with the Summons and Complaint and brought the instant Motion to Quash Service of Summons and Complaint (the “Motion”) on June 20. Plaintiff filed an Opposition on July 13. D...

Excerpt: ...(the “Trust”) on May 18, 2018, seeking damages for her trip and fall on a sidewalk. Cross- Complainants McClure and the Trust, owners of the real property abutting the sidewalk, then filed the operative Second Amended Cross-Complaint against Cross-Defendant City on August 15, 2018 for indemnity and contribution. On April 11, 2019, McClure and the Trust filed an Application for Determination of Good Faith Settlement (the “Application”) bet...

Excerpt: ... time billed was not necessary to the defense of this action. REPLY: The indemnity provision must be interpreted to provide for attorneys' fees to the prevailing party. Plaintiff's strong-arm tactics required a significant effort on defense by Defendant. ANALYSIS: Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the instant action for breach of contract and quantum meruit against Defendant Maria Asuncion Longa on August 3,...

Excerpt: ...led the operative Second Amended Complaint (“SAC”) for (1) retaliation under Civ. Code § 1942.5(a) when he complained to Defendant about a faulty oven; (2) breach of implied warranty of habitability because Defendant failed to fix his oven for over a year; (3) breach of covenant of quiet enjoyment; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. On January 4, 2017, Judge Klein reclassifie...

Excerpt: ...��) filed the operative First Amended Complaint (“FAC”) on May 17, 2019 against Defendants Katayoon Shafagh, D.D.S. dba Studio City Orthodontist (“Dr. Shafagh”) (erroneously sued separately as “Katayoon Shafagh dba Kathy Shafagh” and “Studio City Orthodontist”) and Joshua Candelaria (collectively, “Defendants”). The purpose of Plaintiff's action is to recover $5,000 that she paid Defendants for an orthodontic treatment involvi...

Excerpt: ...efendants American International Alliance, Inc. dba Star Construction 1 (“Star Construction”), Sardor Umrdibov (“Umrdibov”), Stephanie O'Neal (“O'Neal”), and Kyle Kaplan (“Kaplan”). Plaintiff then filed two Amendments to the Complaint naming Doe 21 and 22 as Brian Weitman and Amy Weitman (collectively, the “Weitmans”), respectively. This action arose from a dispute over Bond No. 04WB082074 (the “Bond”) in the penal sum of ...

Excerpt: ... right to Plaintiff Andrew Kalman. Based on that assignment of right, Plaintiff brought this action on June 28, 2018 based on CES's contract with Defendant Veronica F. Haro. CES allegedly performed all its contractual obligations, but Defendant failed to pay for the work. Asserting that Defendant breached of their contract, CES recorded a mechanics' lien on Defendant's real property. Plaintiff then brought this action seeking a foreclosure of the...

Excerpt: ... the Complaint, default was entered against them on June 3, 2019. Realizing that their mistake caused the entry of default, Defendants filed the instant Motion to Vacate Default (“Motion”) on July 11, 2019 under the discretionary provision of CCP § 473(b). II. Legal Standard “Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Defendants seek reli...

Excerpt: ... with “preconstruction services, solutions to design issues, and alternative cost saving ideas.” (Id. ¶ 13.) On May 26, 2017, Defendant furnished Plaintiff with a letter of intent to award electrical contracting services, but thereafter, without making such award, continued to request additional information from Plaintiff about the electrical services and made oral promises to eventually award the electrical contracting services to Plaintiff...

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