Excerpt: ...747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. T...

Excerpt: ...to give notice. I. Legal Standard California Code of Civil Procedure section 877.6, subdivision (a)(1), provides, in relevant part, that, on noticed motion, “[a]ny party to an action wherein it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligo...

Excerpt: ...ter inserted in any pleading; or (2) strike out all or any part of the pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP, §§ 436(a)-(b); Stafford v. Schultz (1954) 42 Cal.2d 767, 782 [“matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) Discussion As a preliminary matter, the Court n...

Excerpt: ...wing service of the written notice of entry of the order. (Id.) A request to reconsider the matter must consider “new or different facts, circumstances, or law.” (Id.) The judge that granted or denied the order must hear the reconsideration. (Id.) The party seeking the reconsideration must state by affidavit “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circums...

Excerpt: ...ed against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment...

Excerpt: ...nction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) Compel RPDs Where there has been no timely ...

Excerpt: ...h 1, 2021, the Court found that counsel had substantially complied with CRC Rule 3.1362 and that the granting of the motion would not prejudice Plaintiff Lutzker. However, the Court found counsel had failed to file proof of service as to the service of the moving papers on Plaintiff and the other parties, that the notice of ruling of the continued hearing was not served on Plaintiff Hesselbein, and that the next scheduled hearing date had since c...

Excerpt: ...ral demurrer, “ordinarily, a [motion for judgment on the pleadings] does not lie as to a portion of a cause of action, and if any part of a cause of action is properly pleaded, the [motion] will be overruled.” (Fire Ins. Exchange v. Superior Court (2004) 116 Cal.App.4th 446, 452.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations— assumed to be true and liberally construed—are...

Excerpt: ...nt. On December 12, 2019, Defendant filed a cross-complaint against Plaintiff. On October 20, 2020, Defendant dismissed its cross-complaint. On January 15, 2021, Defendant filed the instant motion to compel Plaintiff to appear for his deposition and produce documents. Defendant also seeks $985.00 in monetary sanctions against Plaintiff and/or his counsel. On February 16, 2021, Plaintiff's counsel filed a motion to be relieved as counsel. That mot...

Excerpt: ...y to prevent prejudicing the party's interest in the litigation… (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared… (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court...

Excerpt: ...o Natividad (“Tito”), [1] who was insured by Defendant Mercury Insurance Group also known as Mercury Insurance Company (“Mercury”), while driving a vehicle owned by Defendant Gregory John Catamisan Natividad erroneously sued as John Catamusa (“Gregory”). On August 10, 2017, Plaintiff filed his operative complaint against Defendants Tito, Gregory, Mercury (collectively “Defendants”) and Does 1 to 10. Plaintiff asserts two causes of...

Excerpt: ...hen one of the dogs jumped at her and caused her to stumble over backward, landing on her back. On January 16, 2019, Plaintiffs Teresa Ramos and David Ramos (collectively “Plaintiffs”) filed a complaint against Defendants Leonor Valdivia and Raul Valdivia for (1) negligence and (2) loss of consortium. On March 20, 2019, Defendant/Cross-Complainant Leonor Valdivia filed a cross-complaint against Cross-Defendant Miguel Vildoso for (1) indemnity...

Excerpt: ...a Anthony Chemnitzer for motor vehicle negligence and violation of Vehicle Code § 22350.50 on the basis based on a car accident. Legal Standard It is well established in California that either prior to trial or at the trial the plaintiff or the defendant may move for judgment on the pleadings and that the appropriate ground for such a motion is the same as that arguable by general demurrer, namely, the failure to state a cause of action or defen...

Excerpt: ...ns are GRANTED. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly s...

Excerpt: .... Background This action arises from an incident that allegedly occurred on 8/26/19. The first amended complaint alleges that Plaintiff was on her mobile phone in the alley behind Defendants' property when Defendants' dog began barking and chasing after Plaintiff. In attempting to jump over a fence in order to protect herself, Plaintiff sustained lacerations and bruising to her toe and abdomen. Plaintiff alleges claims for (1) statutory strict li...

Excerpt: ...rea (the “East Stairway”). (SSUMF ¶¶ 3, 4, 6.) The East Stairway consists of 4 stairs from the Park up to the sidewalk of the west side of Raymond Street with metal handrails on the north and south sides of the stairs. (SSUMF ¶ 7; Rosas Decl., Exh. 4.) The Incident took place when Plaintiff went to grab the south rail with his right hand it popped after a weld located on the handrail separated (the “Handrail”). (SSUMC ¶¶ 9-10; Rosas ...

Excerpt: ...t by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030(a).) The plaintiff, however, will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Id., § 1030(b).) The motion must be accompanied by an affidavit stating the nature and amount of costs and attorney's fees the defenda...

Excerpt: ...'s mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).)¿¿¿ If a party stipulates that no claim is being made for mental and emotional distress over and above that usually associated with the physical injuries claimed and that no expert testimony will be presented regarding the mental and emotional distress...

Excerpt: .... On February 11, 2020, Plaintiff Damon Blount (hereinafter “Plaintiff”) filed a complaint against Defendants William Schuberth and Does 1-25 for negligence and an intentional tort, i.e. assault. On August 4, 2020, Defendant William Schuberth (hereinafter “Defendant”) filed his answer to the complaint. On October 13, 2020, Plaintiff filed the instant motion to amend. Thereafter, Defendant filed opposition papers on March 8, 2021. Subseque...

Excerpt: ...of Plaintiffs' opposition to Defendant Dr. Keushkerian's motion for summary judgment. The Court continued the hearing on the motion for summary judgment to allow the parties to brief the issue regarding the Court's authority to continue the matter after Plaintiffs' failure to file an opposition within the requisite time. Both parties filed briefs on March 11, 2021. As pointed out by Defendant Dr. Keushkerian, CCP section 437c(h) provides statutor...

Excerpt: ...�Defendant Stewart”), Urological Medical Associates (hereinafter “Defendant UMA”), and Does 1-40 for professional negligence. On August 4, 2020, Defendants Carrie Aline Stewart, M.D. and Urological Medical Associates (hereinafter “Defendants”) filed their answer to the complaint. Thereafter, on December 02, 2020, Plaintiff amended her complaint to include a cause of action for medical battery after the Court granted her leave. On Februa...

Excerpt: ...are to be paid within 30 days. This action arises from an automobile accident that occurred on January 12, 2018. On December 23, 2019, plaintiff John Hale filed a complaint for two counts of negligence against defendants Alexander Martinez and Karen Fry. Plaintiff now moves for an order quashing two subpoenas for the production of business records served by defendants upon Plaintiff's automobile insurance company, Interinsurance Exchange of the A...

Excerpt: ... Interrogatories-General, Set One; Form Interrogatories-General, Set Two; Request for Production of Documents, Set One; and Request for Production of Documents, Set Two and Requests for Monetary Sanctions are GRANTED. Plaintiff's Motions for Request for Admissions, Set One and Request for Admission, Set Two to be Deemed Admitted by Defendant Matthew Scott Hess and Requests for Monetary Sanctions are GRANTED. Plaintiff's Motion to Compel the Depos...

Excerpt: ...cause shown.” (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).) The motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310(b).) “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditi...

Excerpt: ...ode of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) ...

Excerpt: ...tions of $1,985.00 Against Plaintiff and Her Attorneys of Record is GRANTED. BACKGROUND This action arises out of a motor vehicle accident that occurred on June 20, 2017. On March 29, 2018, Plaintiff Doris Coleman and Robert Coleman (hereinafter, the “Plaintiffs”) filed a complaint against Defendants Metro, Los Angeles Metropolitan Transportation Authority (“MTA”), and Armando Ramirez for general negligence, motor vehicle negligence, and ...

Excerpt: ...Enterprise Rent-A-Car Company of Los Angeles, LLC for general negligence and motor vehicle negligence. On September 4, 2020, Defendant Lopez filed his answer to the complaint. On November 5, 2020, Defendant Lopez filed the instant motion to transfer venue to Riverside County. Thereafter, Plaintiff filed opposition papers on January 26, 2021. In response, Defendant Lopez filed his reply on March 8, 2021. Analysis: I. Motion to Transfer Venue a. Le...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Id.) “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attestin...

Excerpt: ...T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339 (Concepcion).) “To further that policy, Code of Civil Procedure, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the ...

Excerpt: ...t (“Defendant”) for negligence and premises liability relating to a slip and fall that occurred on January 24, 2018 at the premises of Cities Restaurant. Plaintiff alleges that she slipped on a puddle of liquid near the restrooms and fell as a result (Complaint at ¶¶11- 12; UMF 25.) She further alleges that there was no warning that there was a liquid on the floor and that the Defendant “knew, or in the exercise of reasonable care should ...

Excerpt: ...” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law...

Excerpt: ...tant action against Defendants Andreas Elsenhaus (“Defendant Elsenhaus”) and Lion Interior Design, Inc. (“Defendant Lion Interior”). The Court entered Defendant Elsenhaus' default on February 22, 2017. On January 16, 2018, the Court noted that Defendant Lion Interior had not yet been served and set an Order to Show Cause regarding Failure to File Proof of Service and Failure to File Default Judgment for April 16, 2018. Following service o...

Excerpt: ...efendant”) asserting a cause of action for premises liability. On July 07, 2020, Defendant filed an answer to the complaint. On February 11, 2021, Plaintiff filed the present motion to quash. Thereafter, on February 24, 2021, Defendant filed its opposition to the motion, and on March 02, 2021, Plaintiff filed her reply. ANALYSIS: I. Legal Standard A copy of a subpoena for business records must be served on all other parties who have appeared in...

Excerpt: ... is DEEMED MOOT AS TO THE REQUEST COMPELLING FURTHER RESPONSES TO THE REQUESTS FOR ADMISSION AND GRANTED AS TO THE REQUEST FOR SANCTIONS FOR THE SAME. SANCTIONS OF $810.00 ARE AWARDED JOINTLY AND SEVERALLY AGAINST PLAINTIFF AND COUNSEL OF RECORD, TO BE PAID TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE HEARING IS CONTINUED TO MAY 19, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE TO ADDRESS SANCTIONS AS TO THE A...

Excerpt: ...he Plaintiff's vehicle, proximately causing injuries and damages to Plaintiff. Plaintiff alleges one cause of action for negligence against Defendants Jeffrey Robert Larson, BCI Coca-Cola Bottling Company of Los Angeles LLC, Reyes Coca-Cola Bottling, L.L.C. Plaintiff moves to amend the complaint to add a prayer for punitive damages against Defendants. Plaintiff asserts that Defendants' engaged in false record keeping concerning time on and off du...

Excerpt: ...on for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and �...

Excerpt: ...t on Sister State Judgment. The Court entered judgment the same day against Judgment Debtor Maria Josielyne Dy Angeles (“Judgment Debtor”). On August 22, 2019, Judgment Debtor filed a Motion to Vacate Sister State Judgment (“the Motion to Vacate”), which came for hearing on October 23, 2019. At the initial hearing, the Court continued the matter upon finding that the Motion to Vacate was improperly served on Judgment Creditor in violation...

Excerpt: ...tively, Respondents”) on November 4, 2020. The Petition seeks to confirm the arbitration award issued on September 15, 2020 in favor of Petitioner requiring expungement of all references to a certain customer dispute information maintained by the Central Registration Depository (“CRD”). (Pet., Exh. 1.) On December 7, 2020, Petitioner filed a notice of non‐opposition. To date, no opposition has been filed. Discussion “Any party to an arb...

Excerpt: ...Office of Matthew P. Fletcher (“Judgment Debtor Law Office”) on January 5, 2015. On March 23, 2017, the Court entered judgment in favor of Judgment Creditor; a first amended judgment was entered on October 27, 2017. On December 28, 2017, the Court entered a second amended judgment to change Judgment Debtor Law Office's name to “Law Office of Matthew P. Fletcher, a Professional Law Corporation.” Judgment Creditor filed the instant Motion t...

Excerpt: ... Complaint in this action against Defendants Ellis Law Corporation (“Defendant”) and Andrew L. Ellis, Esq., who was dismissed on December 16, 2020. The Complaint alleges causes of action for (1) breach of contract; (2) breach of fiduciary duty; (3) conversion; (4) violation of Cal. Business & Professions Code § 17200; and (5) intentional interference with contractual relations. Defendant filed the instant Demurrer to the Complaint on Februar...

Excerpt: ...WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $810.00 WITHIN 20 DAYS' SERVICE OF THIS ORDER. Plaintiff Nussbaum, APC's Motion for Order Compelling Defendant's Further Responses to Requests for Admission and Request for Sanctions is GRANTED AS TO REQUEST NOS. 1-5, 7-11. DEFENDANT IS TO SERVE FURTHER RESPONSES WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL ...

Excerpt: ...y Moncrief (“Defendants”). Plaintiff is an assignee of Gorilla Corporation dba Bullet Restoration (“Gorilla”), who allegedly provided labor, materials, and services to Defendants' real property. (Compl. ¶¶ 7, 10.) On December 13, 2018, the Court granted Defendants' motion to compel arbitration and awarded Defendants attorney's fees of $4,125.00. (Minute Order, 12/13/18.) An order reflecting the December 13, 2018 was signed by the Court ...

Excerpt: ...ually and in their capacity as trustees under the Trust Agreement Entered into between George S. Stern and Adele R. Stern dated February 27, 1985 (“Stern Defendants”) and Miguel Angel Martinez Velasco (“Defendant Velasco”) on December 5, 2019. On August 11, 2020, Defendant Velasco filed the instant Motion for Judgment on the Pleadings (“the Motion”). The Stern Defendants filed a Notice of Joinder in the Motion on August 25, 2020. To d...

Excerpt: ...T PARAGRAPHS 43, 50, 56, 66, 76, 87 AND p. 14:18, AND DENIED AS TO THE REQUEST FOR ATTORNEY FEES. ANALYSIS: On August 7, 2020, Plaintiffs Priyanka Sharma and Nathanael Cade (“Plaintiffs”) filed the Complaint in this action against Defendant Minnie L. Douglas (“Defendant”). Defendant filed a demurrer to the Complaint on October 9, 2020. On October 13, 2020, Plaintiffs filed the operative First Amended Complaint, which alleges causes of act...

Excerpt: ...Tara Moore (“Defendants”). The Complaint alleges causes of action for (1) breach of contract; (2) conversion; (3) fraud; (4) negligent misrepresentation; (5) unjust enrichment; and (6) unfair business practices. Defendants filed the instant Demurrer to the Complaint on December 16, 2020. Plaintiff filed an opposition on February 17, 2021 and Defendants replied on February 19, 2021. Discussion The Demurrer is accompanied by a meet and confer d...

Excerpt: ...the dismissal was served on both parties the same date. On November 13, 2019, the parties filed a stipulation and order to vacate the dismissal. On February 24, 2020, the stipulation was denied. It does not appear that notice of the denial was provided to the parties. Plaintiff filed the instant Motion to Vacate Dismissal on September 17, 2020. On September 17, 2019, Plaintiff's counsel file the instant motion adding that at no time was Plaintiff...

Excerpt: ...UCTION OF DOCUMENTS. DEFENDANT PABLO JIMENEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT PAY SANCTIONS OF $247.50 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO APRIL 29, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEA...

Excerpt: ...n Granados on January 17, 2018 and trial was initially set for October 18, 2019. On December 2, 2018, Defendants filed an Answer. On June 25, 2019, the parties stipulated to continue the trial, as well as pre-trial deadlines, to October 18, 2019. On July 3, 2019, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendants. On October 17, 2019, the parties once again stipulated to continue the trial to April 18,...

Excerpt: ...��Plaintiff”) filed the Complaint in this action for (1) breach of contract; (2) common counts; and (3) fraud against Defendant Feliciano A. Serrano, II (“Defendant”). Defendant filed the instant Demurrer and Motion to Strike Portions of the Complaint on November 23, 2020. Plaintiff filed oppositions on February 10, 2021 and Defendant filed replies on February 18, 2021. Demurrer The Court finds that the Demurrer is accompanied by a meet and...

Excerpt: ...lage, Inc. (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Ch Worldwide, Inc. (“Defendant Ch Robinson”) and others. Defendant Ch Robinson filed the instant Demurrer to the Complaint on April 15, 2020. Thereafter, the case was reassigned to this limited jurisdiction Court. Plaintiff filed an opposition to the Demurrer on November 20, 2020 and Defendant Ch Robinson replied on February 11, 20...

Excerpt: ...eadows Homeowners Association (“Plaintiff”) and against Defendants Boniface C. Nwagbo and Jane Doe Nwagbo (“Defendants”) in Case No. CV2012-0471. The default judgment was entered in the principal sum of $2,261.10, attorney's fees in the amount of $1,100.00, and costs in the amount of $518.49. (Motion, RJN, Exh. 2.) On April 14, 2017, this Court entered judgment based on the sister-state judgment in Case No. CV2012-0471. On June 12, 2018, ...

Excerpt: ... AMOUNT OF $282.00 (ITEM 16). THE MOTION IS DENIED AS TO THE REMAINING COSTS. ANALYSIS: Plaintiff Dedicato Treatment Center, Inc. (“Dedicato”) filed this action against Defendant Michael Anderson on September 12, 2018. The claims arise from an alleged insufficient check issued for drug treatment and addiction services rendered to Linda Pawlik (“Pawlik”). Pawlik intervened in the action with a Cross-Complaint against Dedicato on July 1, 20...

Excerpt: ...icle negligence against Defendant Byoung Woo Lim (“Defendant”). On December 8, 2016, Defendant filed the instant Motion to Compel Plaintiff's Deposition, or in the alternative, Require Plaintiff to Stay Action. On April 19, 2017, pursuant to the parties' stipulation, the court stayed the case on the grounds that Plaintiff is an active servicemember,[1] continued the hearing to April 19, 2018 and set an OSC re: Dismissal on that date. At the O...

Excerpt: ...a D. Gatewood (hereafter “Judgment Debtor”) on March 9, 2005. Default judgment was entered against Judgment Debtor on May 26, 2005. The judgment was renewed on March 26, 2015 and a Writ of Execution was issued on March 12, 2019. On August 26, 2019, Judgment Debtor filed the instant Motion to Dismiss and Motion to Set Aside Right To Attach Order And Release Attached Property (“the Motions”). The Motions came for hearing on March 12, 2020, ...

Excerpt: ...ant action for discrimination on the basis of disability against Defendants Brand Boulevard Associates LP, Sesan Corporation and United Lions Management Group (“Defendants”) on August 5, 2020. The Complaint alleges a single cause of action for Violation of the Unruh Civil Rights Act. On October 27, 2020, Defendants filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on January 28, 2021. Discussion The Demurrer is not ac...

Excerpt: .... Code section 68084.1, subdivision (d). The Demurrer is sustained without leave to amend as to Plaintiffs Chaundra Mills, Sharon Hooks, Philip Hooks, Tonia Hooks, Karen Shelton, and Felicia Hooks for failing to allege the submission of a claim under Cal. Govt. Code section 68084.1. All Plaintiffs' claims against Defendant Carter are further sustained without leave to amend. The Demurrer is sustained with 30 days' leave to amend as to Plaintiffs'...

Excerpt: ...dgment in Small Claims Claim No. 180723, in the total amount of $4,288.70. The action was originally filed in Santa Clarita County, then transferred to an unlimited jurisdiction court in Los Angeles Superior Court, Case No. BC360854. The action was then transferred to the limited jurisdiction court on February 26, 2007. Following the Court's order overruling Defendant's demurrer to Plaintiff's First Amended Complaint, Defendant failed to file an ...

Excerpt: ...the Matter of Alan Schuchman, which included an award of costs to Plaintiff “enforceable both as provided in Business and Professions Code section 6140.7 and as a money judgment.” (Opp., RJN, Exh. A, p. 20.) On April 19, 2006, Plaintiff filed a Certificate of Costs in the amount of $14,091.28 and in an order entered on June 27, 2006, the Supreme Court of California, en banc, accepted the Review Department's recommendation. (Id. at Exh. B.) On...

Excerpt: ...dgment (“the Motion”) on July 23, 2020. Defendant filed an opposition on December 29, 2020 and Plaintiff replied on January 5, 2021. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that when he visited Defendant's store in Paramount, California in June 2017 “there were no accessible service and sales counters in the returns section of the Store,” nor was there any sign...

Excerpt: ...t Motion for Summary Adjudication (“the Motion”) against Defendant on October 26, 2020. Plaintiff filed an opposition on January 20, 2021 and Plaintiff replied on January 27, 2021. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that he visited Defendant's store at 810 S. Broadway, Los Angeles, California (“the Store”) on September 14, 2019. (Id. at ¶6.) On the day of...

Excerpt: ...a Contreras (“Defendant”). Plaintiff filed a proof of substitute service with respect to Defendant on August 25, 2020. On October 27, 2020, Defendant filed the instant Motion to Quash Service of the Summons and Complaint. To date, no oppostion has been filed. Discussion “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...

Excerpt: ...VICE OF THIS ORDER. ANALYSIS: On September 12, 2019, Plaintiff Enrique M. Mendoza (“Plaintiff”) filed the Complaint in this action for (1) breach of contract; and (2) fraud against Defendant Bertha Castillo (“Defendant”). On September 9, 2020, the Court overruled Defendant's demurrer to the first cause of action and sustained it with leave to amend as to the second cause of action. Plaintiff filed the First Amended Complaint on September ...

Excerpt: ...oining Respondent from continuing violation of the rules of Petitioner's Mobile Home Park. On February 5, 2020, the Court granted the Petition. Petitioner filed the instant Motion for Attorney Fees and Costs on July 23, 2020. Respondent filed an opposition on August 11, 2020 and Petitioner replied on January 19, 2021. Discussion A prevailing party is entitled to recover costs, including attorneys' fees, as a matter of right. (Code Civ. Proc., §�...

Excerpt: ...omobile subrogation against Defendant Khedrick Gerard Blackmon, Sr. (“Defendant Blackmon”) and James B. Sexton (“Defendant Sexton”) on December 14, 2017. On August 23, 2018, the Court entered Defendant Blackmon's default. On December 12, 2019, pursuant to Plaintiff's oral request, the Court dismissed Defendant Sexton from the action with prejudice and vacated the entry of default against Defendant Blackmon. (Minute Order, 12/12/19.) On Ja...

Excerpt: ...otion for Summary Adjudication (“the Motion”) on October 19, 2020. Defendants filed an opposition on January 19, 2021. Plaintiff filed a reply on January 25, 2021. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that when he attempted to visit Defendants' store, Delicias De El Salvador restaurant (“the Restaurant”) at 3400 East 8th Street, Los Angeles, California in Fe...

Excerpt: ...ion assessments against Defendants Hartyoun I. Yousif, Astghik Yousif Mazmanian, George Avid Karakhatounian and Aleza Karakhatounian. (“Defendants” or “Judgment Debtors”) on April 15, 2016. Default judgment was entered against Defendants on August 24, 2017. (Judgment, filed 08/24/17.) Judgment Creditor now moves to amend the judgment, notice of pendency and notice of delinquent assessment lien on the grounds that the documents incorrectly...

Excerpt: ...endant / Judgment Debtor Noah A. Saeedy (“Judgment Debtor”) on December 1, 2005. On May 11, 2006, the Court confirmed the arbitration award and judgment was entered in Judgment Creditor's favor on June 15, 2006. The judgment was renewed on October 3, 2015. On March 4, 2020, the Court granted Judgment Debtor's Motion to Vacate the Renewal of Judgment and also vacated the underlying order confirming the arbitration award. On March 16, 2020, the...

Excerpt: ...: Plaintiff Brian Keith Barnett (“Plaintiff”), in pro per, filed the instant action against Defendants Raybon Johnson, Warden CSP-LAC, M. Fordham, A. Ojeda and D.T. Jemison (“Defendants”). Plaintiff alleges Defendants are the warden and correctional staff with access to Facility A at California State Prison A in Los Angeles County (“CSP-LAC”). (Compl., ¶¶2-6.) Defendants allegedly converted Plaintiff's personal property. (Id. at ¶�...

Excerpt: ...ome Owners Association (“Plaintiff”) and against Defendants Favio De Marco and “Jane Doe” De Marco (“Defendants”). Pursuant to Plaintiff's Application for Entry of Sister State Judgment, on July 25, 2019, this Court entered judgment against Defendants in the amount of $10,658.96. On August 17, 2020, Plaintiff filed the instant Motion for Award of Attorney's Fees and Costs. To date, no opposition has been filed. Legal Standard Code of ...

Excerpt: ...n Mokhtar (“Defendants”). Defendants filed an Answer to the Complaint on September 3, 2020. Plaintiff filed the instant Demurrer to the Answer on September 15, 2020. To date, no opposition has been filed. Discussion Meet and Confer Requirement Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed ...

Excerpt: ... (“Defendant”) on October 24, 2019. Defendant answered on January 16, 2020 and filed the instant Motion for Summary Judgment against Plaintiff on May 20, 2020. To date, no opposition has been filed. Discussion Plaintiff alleges that on April 23, 2019 between 3:00 pm and 3:30 pm, the railroad crossing gate at the intersection of Tapo Street and Angeles Avenue in Simi Valley, California malfunctioned. (Compl., p. 4.), Plaintiff alleges that no ...

Excerpt: ...ebruary 18, 2020. Defendant filed its Answer on April 29, 2020. Defendant filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“the Motion”) on August 12, 2020. Plaintiff filed an opposition on December 29, 2020. Discussion Evidentiary Objections Evidentiary objections on a motion for summary judgment or adjudication must comport with the formatting requirements of Cal. Rules of Court Rule 3.1354. Defend...

Excerpt: ... 2019. Defendant filed the instant Motion for Summary Judgment or in the alternative, Summary Adjudication against Plaintiff on October 30, 2020. Plaintiff filed an opposition on December 30, 2020. The opposition was untimely served by overnight express on the same date, in violation of Code of Civil Procedure section 437c, subdivision (b)(2). Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He f...

Excerpt: ...T. Kennedy (“Plaintiff”), in pro per, filed the action in Case No. 19STLC06300 against Defendants USAA General Indemnity Co. (erroneously sued as USAA, Inc.) (“Defendant USAA”) and Copart, Inc. (“Defendant Copart”) on July 8, 2019. Defendant USAA filed its Answer on August 13, 2019. On October 18, 2019, Plaintiff filed a First Amended Complaint. Plaintiff filed the action in LASC Case No. 19STLC07027 for breach of contract and bad fai...

Excerpt: ...filed this action against Defendants ABM Industry Groups, LLC, Oscar Rodas Quijada and Saks Beverly Hills, LLC (“Defendants”) for motor vehicle negligence. On August 21, 2020, Defendants cross- complained for motor vehicle negligence. On November 3, 2020, Defendants ABM and Quijada (“Moving Defendants”) filed the instant Motion to Compel Further Responses to Requests for Admission and Request for Sanctions. Plaintiff filed an opposition o...

Excerpt: ...failure to file a responsive pleading, the Court entered their default on August 6, 2018 and default judgment on August 15, 2018. Following Plaintiff's Application for Writ of Execution, Possession or Sale, Defendants filed a Notice of Claim of Exemption on February 19, 2020. When the Claim of Exemption came for hearing on July 1, 2020, Defendants indicated that they would be moving to set aside the default and default judgment. The instant Motio...

Excerpt: ...roposed order within ten (10) days' service of this order. ANALYSIS: Petitioner California Department of Tax and Fee Administration (“Petitioner') filed the instant Petition for Determination of Third Party Claim on August 27, 2020 against Respondents ATM Professional, Inc. and Michael Zargar (“Claimants”). On October 2, 2020, Petitioner filed Notice of Hearing and Proof of Service. On October 29, 2020, Petitioner filed a Notice of Acknowle...

Excerpt: ...Defendant's failure to file a responsive pleading, the court entered his default on August 23, 2018 and default judgment on May 15, 2019. Defendant filed a Motion to Vacate Default and Default Judgment on October 31, 2019 (“the first Motion”). On January 9, 2020, the Court denied the first Motion but provided for the possibility of a re- filed motion to vacate. On March 9, 2020, Defendant filed the instant Renewed Motion to Vacate Default and...

Excerpt: ...iguez, Sr., Rebecca Rodriguez, Ramon Gonzalez, and Jorge Rodriguez, Jr. aka George Rodriguez (“Respondents”) on September 16, 2020. Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondents from continuing violation of the rules of Petitioner's Mobile Home Park, Sunset Gardens-West Mobilehome Park (“the Park), as follows: (1) Respondents shall remove all improperly stored items from around the Premises and pr...

Excerpt: ...y Judgment (“the Motion”). On stipulation of the parties, the case was reassigned from Department 43 of the Chatsworth Courthouse to Limited Jurisdiction court (formerly Department 94 of the Stanley Mosk Courthouse). On November 24, 2020, Defendant filed an opposition to the Motion and Plaintiff replied on November 30, 2020. Discussion Evidentiary Objections Defendant's evidentiary objections to paragraphs 2-6 and 10-11 of the declaration of ...

Excerpt: ...ward against Ace USA Group (“Respondent”) on July 29, 2020. To date, no opposition 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 parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Per Code of C...

Excerpt: ...ioner”) and against Randy Rose (“Respondent”). On September 26, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Petition was initially set for hearing on January 30, 2020 but the hearing was continued prior to that date. At the initial hearing on September 3, 2020, the Court found Petitioner had not demonstrated proper notice of the Petition and Notice of Hearing. (Minute Order, 9/3/20.) Th...

Excerpt: ...2020. The Petition initially came for hearing on July 2, 2020 at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing or Arbitration Award. The Court continued the hearing and ordered Petitioner to file supplemental papers correcting the service defects. The Court also ordered Petitioner to give notice of the order and continued hearing date. On July 21, 2020, Petitioner filed proof of personal ser...

Excerpt: ...titioner”) filed the instant Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club (“Respondent”) on September 30, 2019. Respondent filed an Answer on January 23, 2020 and an opposition on February 3, 2020. On March 9, 2020, Petitioner filed its Reply. The Petition initially came for hearing on September 1, 2020 at which time it was contin...

Excerpt: ...�) on April 2, 2020. Plaintiff filed a First Amended Complaint on June 3, 2020. On June 17, 2020, Defendant filed the instant Motion to Compel Arbitration and Stay Proceeding, or in the alternative, Dismiss the Action. Plaintiff filed an opposition on October 16, 2020 and Defendant replied on October 22, 2020. Discussion Existence of an Arbitration Agreement The arbitration agreement invokes the Federal Arbitration Act and is governed by federal ...

Excerpt: ...btil's Motion to Strike Portions of the First Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: On May 27, 2020, Plaintiff Raymond Perez aka Law Offices Raymond Perez (“Plaintiff”) filed the instant action against Defendants Jennifer Mellon; Downtown L.A. Law Group, Farid Yaghoubtil (“Moving Defendants”) and State Farm Mutual Automobile Insurance Company. Plaintiff filed the First Amended Complaint alleging (1) declaratory re...

Excerpt: ...(“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jay Goldner and Denise Goldner, as Co-Trustees of the Goldner Intervivos Trust (“Respondents”) dated October 29, 1987 (“Respondents”) on January 23, 2020. To date, no opposition has been filed. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior c...

Excerpt: ...GATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE REQUESTS FOR ADMISSION ARE DEEMED ADMITTED AGAINST DEFENDANT LOPEZ. DEFENDANT LOPEZ IS FURTHER ORDERED TO PAY SANCTIONS OF $425.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Doc...

Excerpt: ...“Defendants”) on August 12, 2016. On June 30, 2020, the Court granted Defendants' motions to compel Plaintiff's responses to written discovery. (Minute Order, 06/30/20.) The Court ordered Plaintiff to serve responses to the discovery within 20 days' notice of the order and to pay monetary sanctions within 30 days' notice of the order. (Ibid.) Notice of the ruling was served on Plaintiff on the same date. (Motion, Myers Decl., Exh. D.) To date...

Excerpt: ...wing, Inc. (“Respondent”) on April 16, 2020. To date, no opposition has been filed. 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 co...

Excerpt: ...SED. ANALYSIS: On October 1, 2019, Plaintiff Anytime Rent A Car, Inc. filed the instant action against Defendants Nextgear Capital, Inc. (“Defendant NextGear”) Arrowhead General Insurance Agency Holding Corp. (“Defendant Arrowhead”) and YouZoom Insurance Services, Inc. (“Defendant YouZoom”). The Complaint alleges a single cause of action for breach of contract against Defendant NextGear and breach of implied-in-fact contract against D...

Excerpt: ...“Plaintiff') filed the instant action for breach of contract and common counts against Defendants California Legal Funding, LLC and Richard Moran (“Defendants”) on February 5, 2020. On June 29, 2020, Defendants filed the instant Motion for Dismissal and Sanctions Pursuant to Code of Civil Procedure section 128.7. Defendants concurrently filed the instant Demurrer to the Complaint. On October 2, 2020, Plaintiffs filed oppositions and Defenda...

Excerpt: ...Petition to Compel Arbitration against Respondents Liliana Arriaga Franco and Tizoc Valencia (“Respondents”) on January 2, 2020. The Petition initially came for hearing on July 15, 2020, at which time the Court found no proof of service of the Petition or notice of hearing had been filed. (Minute Order, 7/15/20.) The Court continued the hearing and ordered Petitioner to file proof of service in conformity with the statutory requirements. (Ibi...

Excerpt: ...on assessments against Defendant Jeffrey Foy (“Judgment Debtor”) on April 3, 2014. On April 17, 2015, the Court entered default judgment against Judgment Debtor in the amount of $6,484.80, $1,417.50 attorney fees and $587.12 costs. (Opp., Exh. 1.) On June 9, 2015, Judgment Creditor filed a Writ of Execution for the total judgment amount of $8,489.42, plus $25.00 for the cost of filing the Writ and daily interest of $2.33. (Opp., Exh. 2.) On A...

Excerpt: ...020. The Petition initially came for hearing on July 2, 2020 at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing or Arbitration Award. The Court continued the hearing and ordered Petitioner to file supplemental papers correcting the service defects. The Court also ordered Petitioner to give notice of the order and continued hearing date. On July 21, 2020, Petitioner filed proof of personal serv...

Excerpt: ... Bankers Insurance Company of Florida and Eric Romero (“Defendants”) for fraud, intentional tort and breach of contract with respect to withholding of benefits due under an insurance policy (“the Policy”). On June 29, 2020, Defendants filed the instant Demurrer to the Complaint. To date, no opposition has been filed. Discussion First, Defendants have not demonstrated Plaintiff was served with the notice of hearing as ordered by the Court....

Excerpt: ... of construction contract and related claims against Defendants AWI Builders, Inc., Great American Insurance Company and The Hanover Insurance Company (“Defendants”) on March 30, 2020. Defendants filed the instant Motion to Strike on June 29, 2020. To date, no opposition has been filed. Discussion As an initial matter, there is no proof of service of the notice of hearing on Plaintiff. The Court set the Motion to Strike for hearing on June 29...

Excerpt: ...tober 30, 2019. Defendant filed an opposition on January 27, 2020 and Plaintiff replied on January 30, 2020. Discussion Plaintiff alleges that Defendant entered into a contract with Plaintiff's assignor and now brings this action for (1) open book account for money owed for goods sold and delivered and/or services rendered; (2) account stated; and (3) breach of contract. The Complaint attaches a copy of the written agreement for linen and garment...

Excerpt: ...ction for motor vehicle negligence against Defendants William Baumgart (“Defendant Baumgart”) RJS Construction Supplies and RJS Demolition and Disposal (“Defendants”) on March 8, 2019. Defendant Baumgart filed the instant Motion for Summary Judgment, or in the alternative Summary Adjudication on May 4, 2020. Plaintiff filed an opposition on June 8, 2020 and Defendant Baumgart replied on September 28, 2020. Plaintiff filed a Motion for Lea...

Excerpt: ...filed the instant Motion for Summary Judgment against Plaintiff on March 30, 2020. Plaintiff filed an opposition on June 8, 2020. Discussion Plaintiff alleges his vehicle was damaged in a motor vehicle accident involving Defendants' box truck that occurred on April 13, 2017. (Compl., ¶¶2-10.) The Complaint alleges a single cause of action for negligence based on Defendant's truck being parked illegally in a no-parking zone with its unmarked lif...