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: ...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: ...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: .... 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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ... 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: ...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: ...��) 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: ...”) 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...��) 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: ...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: ... 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: ... 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: ... 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: ...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...