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Judge: Blancarte, James E x
2020.09.02 Demurrer, Motion to Strike 811
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.09.02
Excerpt: ... et seq. and CCP § 436 et seq.) TENTATIVE RULING: 1. The demurrer and motion to strike of Defendant, Kuzyk Law, LLP, it TAKEN OFF CALENDAR as moot because the Plaintiff dismissed Kuzyk Law, LLP, on September 30, 2019. 2. The demurrer of Defendant, Ameriprise Auto, to the Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. 3. The motion to strike of Defendant, Ameriprise Auto, is TAKEN OFF CALENDAR as moot. SERVICE: [X] Proof of Service Ti...
2020.09.02 Demurrer, Motion to Strike 683
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.09.02
Excerpt: ...oneously sued and served as Ticktocker Timeless Treasures Thrift Shop and National Charity League) RESP. PARTY: None DEMURRER; MOTION TO STRIKE TENTATIVE RULING: Defendant National Charity League, Los Angeles Founder Chapter's Demurrer to Complaint is OVERRULED as to the first and third causes of action and SUSTAINED without leave to amend as to the second cause of action. Defendant's Motion to Strike is GRANTED with leave to amend as to punitive...
2020.09.01 Motion for Sanctions 658
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.09.01
Excerpt: ...B. Spoors MOTION FOR SANCTIONS (CCP § 128.7) TENTATIVE RULING: Defendants John Elliot, Lisa Jewett, and Victoria Elliot's Motion for Sanctions Pursuant to Code of Civil Procedure section 128.7 is GRANTED against Douglas B. Spoors only in the amount of $1,800.00 to be paid within thirty (30) days of notice of this order. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court ...
2020.09.01 Motion for Reconsideration, to Quash Deposition Sybpoena Duces Tecum, to Disquality Counsel 230
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.09.01
Excerpt: ...hahrouz Jahanshahi, in pro per RESP. PARTY: Defendant/Cross-Complainant Rodney Lewin MOTION FOR RECONSIDERATION (CCP § 1008) MOTION TO QUASH SUBPOENA (CCP § 1987.1) MOTION TO DISQUALIFY COUNSEL (CCP § 128) TENTATIVE RULING: Cross-Defendant Shahrouz Jahanshahi's (1) Motion for Reconsideration of the December 10, 2019 Order is GRANTED as to the Motion for Sanctions only. After reconsidering Cross- Defendant's Motion for Sanctions, it is DENIED f...
2020.08.31 Petition to Confirm Arbitration Award 926
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.31
Excerpt: ...§§ 12c, 1005(b)) OK OPPOSITION: None filed as of August 26, 2020 [ ] Late [X] None REPLY: None filed as of August 26, 2020 [ ] Late [X] None ANALYSIS: I. Background On July 19, 2017, Petitioner Michael Rohrbaugh (“Petitioner”) and Respondent DLM Entertainment Group, LLC (“Respondent”) entered into a Settlement and Mutual Release (the “Agreement”). (3/9/20 Rohrbaugh Decl., ¶ 14, Exh. 1.) On January 27, 2020, Arbitrator Max J. Sprech...
2020.08.31 Motion to Set Aside or Vacate Court Order 179
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.31
Excerpt: ...nwarranted. 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 on December 9, 2019 [ ] Late [ ] None REPLY: None filed as of August 26, 2020 [ ] Late [X] None PLF. SUPP. PAPERS: Filed on January 22, 2020 [ ] Late [ ] None DEF. SUPP. PAPERS: Filed on March 11, 2020 [ ] Late [ ] None ANALYSIS: I. Background On Februar...
2020.08.31 Motion to Quash 275
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.31
Excerpt: ...6, 2020 [ ] Late [X] None ANALYSIS: I. Background On June 3, 2019, Plaintiff Joel Wise (“Plaintiff”) filed an action for breach of contract unfair and fraudulent business practices against Defendants Quick Wireless, Inc. (“Quick Wireless”), Marida Mattia (“Mattia”), Carl Hebeler (“Hebeler”), Duckfish Electronics, LLC (“Duckfish”), Victor Tayebi (“Victor”), and Vala Tayebi (“Vala”). On December 10, 2019, Defendants Vict...
2020.08.27 Motion to Quash Service of Summons and Complaint, to Set Aside Judgment 918
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.27
Excerpt: ...EFAULT (CCP §473(d)) MOTION TO QUASH SERVICE OF PROCESS (CCP § 418.10) TENTATIVE RULING: Defendant Eric Anderson's Motion to Quash Service of Summons and Complaint and to Set Aside 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: Filed on March 18, 2020 [ ] Late [ ] None REPLY: Filed on August 17, ...
2020.08.26 Motion to Strike Answer 784
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.26
Excerpt: ...5) TENTATIVE RULING: Plaintiff High Integrity Rack & Shelving, LLC's Motion to Strike Defendant's Answer is DENIED. However, the Court sets an OSC Hearing re Legal Representation of Defendant for October 29, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [ ] Correct Address (CCP §§ 1013, 1013a) NO [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSIT...
2020.08.26 Motion for Summary Judgment, Adjudication 006
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.26
Excerpt: ...ND REQUEST FOR SANCTIONS MOVING PARTY: Defendant GEICO Indemnity Company, erroneously sued as GEICO Insurance RESP. PARTY: None MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION (CCP § 437c) MOTION TO CONTINUE TRIAL, COMPEL DISCOVERY, COMPEL DEPOSITION, AND REQUEST FOR SANCTIONS (CRC 3.1332; CCP §§ 2030.290, 2031.300, 2025.450) TENTATIVE RULING: Defendant GEICO Indemnity Company's Motion for Summary Judgment is GRANTED. Having granted Defendant...
2020.08.26 Motion for Attorneys' Fees 556
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.26
Excerpt: ...m's Motion for Attorneys' Fees and Costs is GRANTED in the amount of $2,833.72, based on $2,220.00 in attorneys' fees and $613.72 in costs. 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 August 24, 2020 [ ] Late [X] None REPLY: None filed as of August 24, 2020 [ ] Late [X] None ANALYSIS: I. Background...
2020.08.24 Motion to Quash Answer 317
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.24
Excerpt: ...d Crossroads Homeowners Association, Inc. RESP. PARTY: None MOTION TO QUASH ANSWER (CCP § ?? ) TENTATIVE RULING: Plaintiff Inglewood Crossroads Homeowners Association, Inc.'s Motion to Quash Answer is DENIED. However, provided that Plaintiff files a signed proof of service before the hearing demonstrating Defendant was appraised of the April 15 th continuance, Defendant is ordered to appear at the hearing and be prepared to discuss the authentic...
2020.08.20 Motion to Set Aside Default, Judgment 635
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.20
Excerpt: ...l Aleksanian's Motion to Set Aside Default and Default Judgment is CONTINUED TO OCTOBER 27, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, the parties must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied. SERVICE: [X] Proof of Service Timely Filed (CRC, rule...
2020.08.18 Petition to Determine if Dog is Potentially Dangerous 342
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.18
Excerpt: ...oner City of Burbank Animal Shelter's Petition to Determine if Dog is Potentially Dangerous is GRANTED. In addition, Respondent is ordered to pay a fine of $250.00 to the City of Burbank. 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 August 14, 2020 [ ] Late [X] None REPLY: None filed as of August 14...
2020.08.18 Petition to Confirm Arbitration Award 101
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.18
Excerpt: ...rm FINRA Dispute Resolution Arbitration Award is GRANTED. 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 August 14, 2020 [ ] Late [X] None REPLY: None filed as of August 14, 2020 [ ] Late [X] None ANALYSIS: I. Background On October 22, 2018, Petitioner Isidro Miramontes (“Petitioner”) filed a stat...
2020.08.18 Motion to Enter Renewal of Judgment Nunc Pro Tunc 357
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.18
Excerpt: ...945) 69 Cal.App.2d 574) TENTATIVE RULING: Assignee of Record Phantom Fireworks Western Region, LLC's Motion to Enter Renewal of Judgment is CONTINUED TO OCTOBER 26, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, the parties must file and serve supplemental papers as requested herein. Failure to obey the Court's order may result in the Motion being placed off calendar ...
2020.08.18 Motion for Summary Judgment, Adjudication 435
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.18
Excerpt: ...GMENT/ADJUDICATION (CCP § 437c) TENTATIVE RULING: Defendant Bank of America, N.A.'s Motion to Summary Judgment or, in the Alternative, Summary Adjudication, is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK OPPOSITION: Filed on July 31, 2020 [ ] Late [ ] None REPLY: Filed on August 13, 2020 [ ] Late [ ] None ANALYSIS: I. Background On Janua...
2020.08.17 Petition for Determination of Potentially Dangerous Dogs and Imposition of Fines 080
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.17
Excerpt: ...NTATIVE RULING: Petitioner Inland Valley Humane Society's Petition for Determination of Potentially Dangerous Dogs is GRANTED. Before releasing the Dogs, Respondent must comply with the conditions as set forth in Part III. B of this order, and must continue to comply with said conditions during his ownership of the Dogs. Furthermore, Respondent is ordered to pay a $250.00 fine to the City of Pomona, and must pay Petitioner fees and costs in the a...
2020.08.17 Motion to Strike Punitive Damages 967
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.17
Excerpt: ...RIKE (CCP § 436) TENTATIVE RULING: Defendant Southern California Edison Company's Motion to Strike Punitive Damages is GRANTED. Plaintiff is GRANTED 30 DAYS' LEAVE TO AMEND THE COMPLAINT. 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 on May 11, 2020 [ ] Late [ ] None REPLY: Filed on August 6, 2020 [ ] Late [ ]...
2020.08.17 Demurrer 439
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.17
Excerpt: ...orraine Irwin's Demurrer is OVERRULED. In addition, because the Court finds that Plaintiff's claims should be adjudicated by the family law court, which has jurisdictional priority over the Subject Property, the Court enters a STAY in this action. Within thirty (30) days of notice of this order, the parties must confer to decide whether (1) Defendants will file a motion for joinder of Plaintiff in the marital dissolution action, or (2) Plaintiff ...
2020.08.13 Demurrer 994
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.13
Excerpt: ...ro per DEMURRER (CCP § 430.10, et seq.) TENTATIVE RULING: Cross-Defendants Young K. Lim and Jin Ree's Demurrer to Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the second and third causes of action and SUSTAINED WITH THIRTY (30) DAYS' LEAVE FOR CROSS-COMPLAINANT TO AMEND AS TO THE FIRST AND FOURTH CAUSES OF ACTION. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21...
2020.08.10 Demurrer 379
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.10
Excerpt: ...s Complaint is SUSTAINED WITHOUT 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: None filed as of August 6, 2020 [ ] Late [X] None REPLY: None filed as of August 6, 2020 [ ] Late [X] None ANALYSIS: I. Background On February 10, 2020, Plaintiff Natalie Nguyen (“Plaintiff”) filed a form complaint, in ...
2020.08.10 Demurrer 126
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.10
Excerpt: ...0 [ ] Late [ ] None REPLY: Filed on July 29, 2020 [ ] Late [ ] None PROCEEDINGS: (2) DEFENDANTS RATNER INVESTMENT AND RATNER MANAGEMENT'S DEMURRER WITH MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FAC MOVING PARTY: Defendants Ratner Gleason Investment, LLC and Ratner Property Management, Inc. RESP. PARTY: Daniel Willsey, in pro per DEMURRER (CCP §§ 430.31, et seq.) DEMURRER WITH MOTION TO STRIKE (CCP §§ 430.31, et seq.; 435) OPPOSITION: Filed on ...
2020.08.06 Motion to Release Public Records, for Appointment of Counsel 326
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.06
Excerpt: ...ET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the motion being placed off calendar or denied. SERVICE: [ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A [ ] Correct Address (CCP §§ 1013, 1013a) N/A [ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A OPPOSITION: None filed as of August 4, 202...
2020.08.05 Demurrer 726
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.05
Excerpt: ...iff's second and third causes of action is SUSTAINED WITHOUT 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: None filed as of August 3, 2020 [ ] Late [X] None REPLY: None filed as of August 3, 2020 [ ] Late [X] None ANALYSIS: I. Background On September 23, 2019, Plaintiff Robert Khalili (“Plaintiff”...
2020.08.04 Demurrer 635
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.04
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...
2020.08.03 Motion to Set Aside and Vacate Default, Judgment 599
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.03
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...
2020.08.03 Demurrer 541
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.08.03
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...
2020.07.29 Petition to Confirm Arbitration Award 546
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.29
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...
2020.07.29 Motion for Summary Judgment, Adjudication 229
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.29
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...
2020.07.22 Motion for Attorney's Fees 843
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.22
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 (�...
2020.07.21 Petition to Determine if Dog is Vicious 937
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.21
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...
2020.07.15 Motion to Set Aside Sister-State Judgment 838
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.15
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...
2020.07.15 Motion to Quash Service of Summons 884
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.15
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...
2020.07.14 Motion to Quash Service of Summons, to Dismiss Complaint 764
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.14
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...
2020.07.07 Motion for Prejudgment Attorney's Fees, to Tax Costs 172
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.07
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 [...
2020.07.07 Demurrer, Motion to Strike 538
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.07
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...
2020.07.02 Demurrer 596
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.02
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...
2020.07.01 Motion to Reinstate Expired Judgment 490
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.07.01
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...
2020.06.30 Petition to Confirm Arbitration 800
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.30
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...
2020.06.25 Motion to Set Aside or Vacate Default, Judgment, to Quash Service 313
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.25
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...
2020.06.25 Motion for Summary Judgment 791
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.25
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...
2020.06.23 Motion for Summary Judgment, Adjudication 746
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.23
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...
2020.06.22 Petition to Determine if Dog is Potentially Dangerous 753
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.22
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...
2020.06.22 Motion for Summary Judgment 524
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.22
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...
2020.06.22 Motion for Preliminary Injunction 452
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.06.22
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...
2020.03.19 Motion to Deem Requests for Admission Admitted, Request for Sanctions 443
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.03.19
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 ...
2020.03.11 Motion to Release Public Records, for Appointment of Counsel 326
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.03.11
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...
2020.03.09 Petition to Confirm Arbitration Award 773
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.03.09
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...
2020.03.09 Motion to Set Aside Default 733
Location: Los Angeles
Judge: Blancarte, James E
Hearing Date: 2020.03.09
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...

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