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