Excerpt: ...ss (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF COMPLAINT: Action for breach of attorney's lien, interference with contractual relations, and interference with prospective economic relations. REQUEST FOR RELIEF: Sustain demurrer to each cause of action and strike request for punitive damages failure to allege sufficient facts. OPPOSITION: Plaintiff had an attorney lien on its client's judgment in the...

Excerpt: ...ant Petition to Confirm Arbitration Award (the “Petition”) on June 25, 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, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confi...

Excerpt: ...r Gleason Investment, LLC (“Ratner LLC”), Ratner Property Management, Inc. (“Ratner Inc.”), Valerie E. Gilbert, and the Prahledkusum Trust (collectively, “Defendants”) for (1) abuse of process, (2) malicious prosecution, (3) fraud, and (4) breach of contract. In response, Ratner LLC and Ratner Inc. (collectively, the “Ratner Entities”) filed a Demurrer to and Motion to Strike Portions of the Complaint on September 13, 2019. The Ra...

Excerpt: ...an arbitrator issued an Arbitration Award in favor of Petitioner Michael A. Brennan (“Petitioner”) against Respondents Nashat N. Metri and Mark N. Metri (collectively, “Respondents”) in the sum of $6,394.25 plus 10% per annum from the thirtieth day after the service of the Arbitration Award, which was October 28, 2016. On November 14, 2017, Petitioner brought the instant Petition to Confirm Arbitration Award (the “Petition”). The Peti...

Excerpt: ... award cannot be fairly corrected; (5) the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. RESPONSE: Filed June 4, 2019. REPLY: Filed June 17, 2019. ANALYSIS: On May 24, 2019, Petitioner Ani A. Avetisyan (“Petitioner”) filed the instant Petition to Vacate Arbitration Award against Respondent Sivan Bahbajian (“Respondent”). Respondent filed a Petition to Confirm Arbitration award in the...

Excerpt: ...3, 2018, Plaintiff Atkinson-Baker, Inc. (“Plaintiff”) filed the instant action for breach of oral contract, open book account and services performed against Defendant Linnea N. Willis dba Law Offices of Linnea N. Willis (“Defendant”). Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on June 27, 2019, at which time it also dismissed the first cause of action for breach of contract. The Mo...

Excerpt: ... Plaintiff is in good faith OPPOSITION by the City: Plaintiff incurred more than $22,000.00 in medical expenses and the McClure Defendants have not shown how a settlement of merely $2,700.00 is proportional to the potential liability. OPPOSITION by Plaintiff: The McClure Defendants are liable for at least half of Plaintiff's damages, or $12,500.00. REPLY: This action arises from a trip and fall on a City owned sidewalk. There is no evidence that ...

Excerpt: ...must be investigated. REPLY: Plaintiff objects to the opposition because it was not properly served. Also, the opposition makes no argument to refute the demurrer. It simply reiterates the meaningless allegations of the Complaint and attaches exhibits that cannot be considered by the Court. ANALYSIS: Plaintiff Mike McKelvy (“Plaintiff”) filed the instant action for defamation and slander against Defendant David Miller on December 18, 2018. De...

Excerpt: ...led. On July 19, 2019, the court issued a minute order noting that requests for permanent injunction and declaratory relief are impermissible in limited jurisdiction and would cause the case to be reclassified. (Min. Order, 7/19/19.) In a minute order dated October 8, 2019, the court continued a hearing on the Complaint as a Petition to December 12, 2019 to hear the demurrer and motion to reclassify. (Min. Order, 10/8/19.) II. Legal Standard A. R...

Excerpt: ...assify and demurrer to the complaint. Plaintiff filed oppositions to the demurrer and motion to reclassify on August 1, 2019 and September 27, 2019, respectively. II. Legal Standard A. Reclassification California Code of Civil Procedure, section 403.040 provides in relevant part: “(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The d...

Excerpt: ...itten Contract), Second (Open Book Account), Third (Account Stated), and Fourth (Breach of Oral Contract) causes of action in the First Amended Complaint of Plaintiffs, Seth Tuckerman and Clara Tuckerman, Trustees of the Tuckerman Trust, dated May 31, 2017 (collectively “Plaintiffs”). Defendant argues Plaintiffs failed to allege sufficient facts to constitute the causes of action. As a preliminary matter, the court takes judicial notice of th...

Excerpt: ...monstrating satisfaction of meet and confer efforts pursuant to CCP section 430.41. Defendants are ordered to meet and confer with Plaintiff and file a declaration regarding such efforts directly in Department 94 by JAN. 23, 2019. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for intentional and negligent interference w...

Excerpt: ...does not meet substantial compliance. The court is without jurisdiction to grant leave from the Government Tort Claims Act because the subject incident took place more than one year ago. OPPOSITION: Defendant is hiding behind a technicality. The court should rely on the dissent opinion from Hall v. Los Angeles. The law should be granted to treat municipalities like private individuals. REPLY: Plaintiff concedes the law would not authorize this la...

Excerpt: ...Late [X] None ANALYSIS: I. Background On November 23, 2016, Plaintiff Michael Washington (“Plaintiff”), an inmate in the California State Prison – Los Angeles County (“CSP-LAC”), filed this action against Defendant E. Montgomery (“Defendant”), a health records technician at CSP-LAC, for releasing his medical records to another inmate, James Washington, without his authorization. On November 6, 2018, the Court heard Plaintiff's first...

Excerpt: ...ner”) and against John Spahi and Allied Estates, Inc. (“Respondents”). On June 17, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed. I. 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: ...MPELLING RESPONSES TO REQUESTS FOR PRODUCTION, FORM INTERROGATORIES, AND TO DEEM REQUESTS FOR ADMISSION ADMITTED ARE THREE (3) SEPARATE MOTIONS. MOVING PARTY IS TO PAY TWO ADDITIONAL MOTION FILING FEES BEFORE THE MOTIONS ARE HEARD. IF THE FEES ARE NOT PAID, TWO (2) OF THE MOTIONS WILL BE PLACED OFF CALENDAR. ANALYSIS: Plaintiff Amy Alice Kenney (“Plaintiff”) filed the instant action for breach of contract, misrepresentation and related claims...

Excerpt: ...aring is set for January 22, 2020 at 10:30 am in Department 94. ANALYSIS: On February 5, 2019, Wesco Insurance Company (“Plaintiff”) filed this action for indemnity, reimbursement, and interpleader with respect to claims against a construction bond against Defendants Century Construction West, Inc., dba SaveCal, Varuzh Muradyan, Sara Silva, Marlette Rankin, Angela Morrow, Stacy Thompson, and Janetta Thompson Trustee of The Laura Reed Trust. C...

Excerpt: ...efendant City of Los Angeles (“Defendant”). Seven months later, this action was reclassified and transferred to limited jurisdiction court. <0051005700030030005200 0003002d00580047004a[ment on the Pleadings as to its Complaint (the “Motion”). Plaintiff filed an Opposition on September 3, and Defendant replied on September 12. This action initially came for a hearing on October 7, but the Court found Plaintiff's meet-and-confer effort to b...

Excerpt: ...of contract. OPPOSITION: None filed as of September 27, 2019. ANALYSIS: Request for Judicial Notice Plaintiff American Contractors Indemnity Company requests that the court take judicial notice of (1) ACIC's Complaint for breach of contract and common counts filed June 27, 2018; (2) Defendant Eduard Klinkovich aka Erik Klinkovich (“Erik”)'s General Denial to ACIC's Complaint filed September 17, 2018; (3) Defendant Erik's Answer to ACIC's ...

Excerpt: ... been resolved for more than six years and the request for additional fees should be denied. ANALYSIS: Plaintiff Lin Van Enterprises (“Plaintiff”) filed the instant action for breach of contract and related claims against Longinna Willis (“Defendant”) on December 2, 2011. Defendant filed an Answer on March 12, 2012. On October 15, 2012, the Court entered judgment in favor of Plaintiff in the principal amount of $11,457.87. On November 16,...

Excerpt: ...Defendant Khosro Salem (“Defendant”). Proof of Substitute Service of the Summons and Complaint was filed on September 17, 2018. Following Defendant's failure to file a responsive pleading, the court entered his default on October 19, 2018 and default judgment on December 14, 2018. Plaintiff mail-served notice of the entry of default judgment on Defendant on December 31, 2018. On June 28, 2019 Defendant filed the instant Motion to Vacate Entry...

Excerpt: ... 2017. The matter was set for trial on June 6, 2019. On the morning of trial, Plaintiff's counsel checked in with the clerk in Department 94, but thereafter was not present when the matter was called at 10:13 am. (Minute Order, dated 06/06/19.) The court then dismissed the entire case without prejudice. (Ibid.) On June 12, 2019, Plaintiff appeared ex-parte seeking to advance the hearing date on its motion to set aside, or alternatively, for recon...

Excerpt: ...S: On February 22, 2019, Wesco Insurance Company (“Plaintiff”) filed this action for indemnity, reimbursement, and interpleader with respect to claims against a construction bond issued to Defendants Christopher Hutchinson aka Christopher Edward Hutchinson, individually and dba Hutchinson Construction & Development (“Hutchinson”). Petitioner filed the instant Motion to Deposit by Stakeholder and for Discharge of Stakeholder on May 22, 201...

Excerpt: ...2019. Defendants filed the instant Demurrer on September 3, 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 demurrer, all facts plea...

Excerpt: ...s open to further briefing at the hearing to determine whether this Petition should be continued for supplemental briefing. OPPOSITION: Filed on Sept. 13, 2019 [ ] Late [ ] None REPLY: Filed on Sept. 23, 2019 [ ] Late [ ] None ANALYSIS: I. Background On May 7, 2019, Petitioner Scott Resnick (“Petitioner” or “Resnick”), who is a plaintiff in a New York action known as Scott Resnik v. Ted Owen and Dity Deeds Entertainment, LLC (index no. 65...

Excerpt: ...ir or unlawful business practices; and (3) negligent misrepresentation. REQUEST FOR RELIEF: Compel Defendant to arbitrate this controversy pursuant to the parties' agreement. OPPOSITION: Plaintiff has not carried her burden of demonstrating that Defendant refused to arbitrate this controversy and fails to provide a list of arbitrators. Defendant seeks to compel Cross-Defendant Southcoast Automotive Liquidators, Inc. to arbitrate, as well. REPLY: ...

Excerpt: ...tract action against Defendant Paul N. Tauger (“Tauger”) to recover damages for various services it provided to Tauger in support of his legal practice. Tauger then <004e004800550003005200 00030016001300110003[ On June 18, 2019, Atkinson-Baker brought the instant Motion for Summary Judgment or, in the Alternative, Summary Adjudication (the “Motion”) on its Complaint and Tauger's Cross-Complaint. No opposition or reply has been filed. II. ...

Excerpt: ... Defendant Chengchen Li aka Michelle Li (“Plaintiff”). On June 4, 2019, Plaintiff filed the operative 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. In response, Defendant filed a Demurrer to and Motion to Strike the FAC on June 24, 2019. Plaintiff filed Opposition Papers on July 3. At the initial hearing, the Court con...

Excerpt: ...d from 08C05321 to LAM08CS5321. On February 21, 2019 Assignee of Record Sarcor Financial, Inc. (“Sarcor”) submitted an Assignment of Judgment, Application for and Renewal of Judgment, Memorandum of Costs After Judgment, and Notice of Renewal of Judgment (the “Renewal Package”). (Scalia Decl., ¶ 3, Exh. A.) On February 26, 2019, the Clerk sent a Notice of Rejection of Sarcor's Application because the case numbered was incorrectly entered ...