Excerpt: ...reach of contract against Defendant Michael James Porteous (“Defendant”). When Defendant failed to file a responsive pleading, Plaintiff obtained entry of default on April 28, 2020. On June 9, 2020, Defendant filed the instant (1) Motion to Vacate Entry of Default and any Default Judgment; and (2) Motion to Quash Service of the Summons and Complaint. To date, no opposition has been filed. Discussion Defendant moves to vacate the entry of defa...

Excerpt: ...ct against Defendants Pedro Rodriguez (“Defendant Pedro”), Lilia Rodriguez (now Lilia V. Huber) (“Defendant Lilia”) and Just In Time Transportation. Proof of service of the Summons and Complaint was filed on January 14, 2019. When Defendants failed to answer the Complaint, Plaintiff entered their default and default judgment on February 24, 2009 and August 10, 2009, respectively. The judgment was renewed on July 22, 2019. Proof of service...

Excerpt: ... to Exclude Plaintiff's Testimony at Trial on May 22, 2020. Plaintiff filed an opposition on September 1, 2020 and Defendant replied on September 3, 2020. Discussion The Motion is brought pursuant to Cal. Evidence Code sections 402, 701 and 702. Section 402 provides that “[t]he court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury.” (Cal. Evid. Code, § 402, subd. (b).) To the ex...

Excerpt: ...rporation (“Plaintiff' or “Cross-Complainant”) filed the instant action for breach of contract and fraud against Defendants Imani Gabriele Grimes and Katherina Belinda Bell (“Defendant”) on June 9, 2017. The Complaint alleges that Defendant Grimes breached the motor vehicle purchase agreement (“the Contract”) assigned to Plaintiff by failing to make payment on the motor vehicle on or about April 22, 2017 as required under its terms....

Excerpt: ...ding foreclosure of mechanic's lien against Defendant Tracey Rene Washington (“Cross-Complainant”) on January 7, 2020. On March 2, 2020, Cross-Complainant filed a Cross-Complaint, then filed a First Amended Complaint on April 17, 2020. The First Amended Cross-Complaint makes claims for (1) breach of contract; (2) good faith and fair dealing; (3) slander of title; (4) recovery on license bond; and (5) declaratory relief against Cross-Defendant...

Excerpt: ...ed Cross-Complaint. More than a year later, on December 18, 2019, the Court denied Cross-Complainant's ex parte application to transfer the action to a court of unlimited jurisdiction. (Minute Order, 12/18/19.) The Court also ruled that Cross-Complainant could file a notice motion to reclassify. Cross-Complainant filed the instant Motion to Transfer / Reclassify (the “Motion”) on February 3, 2020. Cross-Defendant filed an opposition on July 2...

Excerpt: ...Y ORDERED TO PAY SANCTIONS OF $535.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Gerald Crosby (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendants The Burbank Hotel, LLC (“Defendant The Burbank Hotel”) and Mark Crigler on January 29, 2020. On April 27, 2020, Plaintiff filed an amendment to the Complaint adding J.P. Allen, Inc. as a defendant. On May 13, 2020...

Excerpt: ...st 20, 2019. (Pet., ¶9 and Exh. 5.) On October 3, 2019, Petitioner Brownhouse Construction (“Petitioner”) timely filed the instant Petition to Vacate Arbitration Award against Respondent Joseph Hakimpour (“Respondent”). Petitioner filed a supplemental declaration in support of the Petition on January 14, 2020. With leave of Court, Respondent filed a late opposition on January 17, 2020 and Petitioner replied on January 31, 2020. At the in...

Excerpt: ... 11, 2020. On April 10, 2020, Defendant filed the instant Demurrer to the Complaint. The day before the August 11, 2020 hearing on Demurrer, Plaintiff filed an opposition. At the hearing the Court continued the matter to September 10, 2020 to allow Plaintiff to obtain counsel and concurrently set an Order to Show Cause regarding representation. (Minute Order, 8/11/20.) The Court also ordered that “[t]he amended complaint addressing deficiencies...

Excerpt: ...ia-Ocampo and Jose A. Ramirez-Martinez (“Plaintiffs”) filed this action for violation of consumer rights and for unfair business practices against Defendants Westlake Services, LLC dba Westlake Financial Services (“Westlake”) and Great American Insurance Company (“GAIC”) (collectively, “Defendants”). This action arises from a dispute over Plaintiffs' purchase of a used vehicle, namely a 2013 Nissan Sentra. (Compl., ¶16.) Accordin...

Excerpt: ... 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 November 27, 2019, Defendant filed the instant Demurrer and Motion to Strike the Complaint. Plaintiff filed a joint opposition on January 15, 2020 and Defendant filed a joint reply on January 21, 2020 (refiled on September 2, 2020). Demurrer The Court finds that ...

Excerpt: ...n March 22, 2018, the Court entered an amended judgment in Plaintiff's favor. On September 20, 2018, the Court denied Plaintiff's Motion for Attorney's Fees as untimely but ruled that relief was possible under Code of Civil Procedure section 473, subdivision (b). On October 18, 2018, Plaintiff filed a Motion for Relief from Denial of Motion for Attorney's Fees. The matter came for hearing on February 21, 2019, at which time Plaintiff failed to ap...

Excerpt: ...t Sychev”), and Planet Bouncy, LLC (“Defendant”) on April 9, 2018. Following their failure to file a responsive pleading, the court entered default against Defendants Sychev and Planet Bouncy, LLC on June 18, 2019 and default judgment on September 27, 2019. Defendant Sychev filed the instant Motion to Vacate Default and Default Judgment and Quash Service of Summons on November 19, 2019. Plaintiff filed its opposition on January 6, 2020 and ...

Excerpt: ...fell on a sidewalk located on 1730 W. 242nd Street. She first made a claim to the City of Lomita. (Second Amended Complaint (“SAC”), Ex. 1.) The claim was rejected on March 21, 2019. The rejection letter stated that the sidewalk at 1430 W. 242nd Place was in Torrance and advised Plaintiff to file a claim with Torrance. (SAC, Ex. 2.) Plaintiff then filed a claim with the City of Torrance on March 28, a week after receiving the City of Lomita's...

Excerpt: ... Portions of the First Amended Complaint is GRANTED WITH 20 DAYS' LEAVE TO AMEND. ANALYSIS: On September 19, 2019, Plaintiff Justin McClain (“Plaintiff”) filed this action for (1) negligent maintenance; (2) nuisance; and (3) breach of habitability against Defendant Shafi Babu-Khan (“Babu-Khan”). On October 3, 2019, Plaintiff filed the First Amended Complaint alleging the same causes of action and adding Defendants N. McCadded Pl, LLC (“...

Excerpt: ...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. Legal Standard “Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of t...

Excerpt: ...nt Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on February 9, 2020. (Proof of Service, filed 2/13/20.) On March 10, 2020, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. The Motion initially came for hearing on June 30, 2020, at which time the Court continued the matter to allow Defendant to perfect service of the papers and submit supplemental papers. To date, no additional proof...

Excerpt: ...ny Agreement.” (Compl., ¶¶BC-1, BC-2 and CC-1.) On February 18, 2020, Defendant filed the instant Demurrer to the Complaint. The Demurrer was initially scheduled for March 17, 2020 but continued prior to hearing to August 31, 2020. To date, no opposition has been filed. Discussion The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Medeill Decl., �...

Excerpt: ...N FOR DECLARATORY RELIEF. ANALYSIS: On January 13, 2020, Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust filed the instant action against Trusted Hands Home Health Inc. and Armine Yengibaryan. On April 2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter...

Excerpt: ...itration Award (the “Petition”). The Petition initially came for hearing on January 13, 2020, at which time the Court found it to be procedurally and substantively defective. The Court continued the hearing to March 18, 2020 and ordered Petitioner to file and serve supplemental papers addressing the defects at least 16 court days prior to the new hearing date. On March 2, 2020, Petitioner filed an Amended Petition and proof of service. To dat...

Excerpt: ... OFF CALENDAR. ANALYSIS: On October 15, 2018, Plaintiff Yanette Arlene Enriquez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Charles Michael Heldebrant (“Defendant”). On November 26, 2019, the Court denied Plaintiff's motion to reclassify the action to a court of unlimited jurisdiction. To the extent Plaintiff reserved a hearing for a second motion to reclassify, the hearing is placed off calendar....

Excerpt: ...fendant” or “LACMTA”). Specifically, the Complaint alleges that on November 6, 2016, a LACMTA bus rear-ended a vehicle in which Plaintiff was a passenger, causing him injury. (Compl., ¶GN-1.) On April 24, 2020, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on August 12, 2020 and Defendant replied on August 20, 2020. Legal Standard [A] defendant moving for summary judgment or summary adjudication “...

Excerpt: ...ntercommunity Care Center's (“Plaintiff”) challenge to a citation issued by Defendant California Department of Public Health (“Defendant”). 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 483.25(d)(1) and (2) and 22 California Code of Regulations section 72523(a). Plaintiff filed this action on February 6, 2019. On January 31, 202...

Excerpt: ...he Arbitration Award, the Court entered judgment in favor of Petitioner on January 23, 2009. On January 22, 2019, Sacor Financial (“Sacor”) sought to file an Acknowledgment of Assignment of Judgment and Application for Renewal of Judgment (“Assignment and Application”). (Motion, Scalia Decl., ¶4.) The filings were rejected due to errors regarding Sacor's name and address. (Notice of Rejection, dated 1/24/19.) Sacor did not receive notice...

Excerpt: ...t 7, 2017, attorney's fees of $15,027.50 and costs of $1,605.70 were awarded on that judgment. Judgment Debtor filed an appeal on August 17, 2017, on which she defaulted. She filed a second appeal on September 11, 2017 regarding the judgment and the award of attorney's fees and costs. On December 22, 2017, Judgment Creditor filed a motion to compel Judgment Debtor's response to post-judgment discovery. On January 29, 2018, Judgment Debtor failed ...

Excerpt: ...ollowing Defendant's failure to file a responsive pleading, the court entered his default on July 18, 2019. Defendant filed the instant Motion to Vacate Default on April 9, 2020. Plaintiff filed an opposition on April 23, 2020. Discussion CCP § 473(d) The Motion is first brought pursuant to Code of Civil Procedure section 473, subdivision (d), under which “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473,...

Excerpt: ...d Zee Law Group, APC (“Defendant Zee Law”) on October 21, 2016. The only cause of action alleged against Defendant Zee Law in the Complaint is the first cause of action for violation of Civil Code section 1788, et seq. under the Rosenthal Act. On March 16, 2020, Defendant Zee Law filed the instant Motion for Judgment on the Pleadings. Plaintiff filed an opposition on August 5, 2020 and Defendant Zee Law replied on August 11, 2020. Discussion ...

Excerpt: ...t, Plaintiff successfully obtained default and default judgment against him in the amount of $12,569.92 on February 6, 2019 and April 23, 2019, respectively. On September 26, 2019, Plaintiff filed an Acknowledgment of Partial Satisfaction of Judgment in the amount of $10,000.00. On December 10, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the “Motion”) under Code of Civil Procedure sections 473, subdivision...

Excerpt: ...ky Mitchell (“Plaintiff”) filed this action against Defendant City of Los Angeles (“Defendant”) for premises liability arising out of a trip and fall incident. On March 4, 2020, Plaintiff filed the instant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. To date, no opposition has been filed. Legal Standard Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action wi...

Excerpt: ...YS OF THIS ORDER; THE WRITTEN CLAIM SHOULD INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING. IF NO CLAIMS OR APPEARANCES ARE MADE, THE MATTER WILL BE SET FOR AN OSC RE: ESCHEATING FUNDS. (CODE CIV. PROC., § 128; GOVT. CODE, § 68084.1.) PLAINTIFF CAPITAL TRUST ESCROW IS ORDERED TO GIVE NOTICE OF THIS ORDER AND THE DISBURSEMENT HEARING ON AL...

Excerpt: ...IS: Plaintiffs Mark Knox and Vivian Knox, a minor by and through her guardian ad litem Nicole Knox (“Plaintiffs”) filed the instant action against Defendant NYX Sleep Disorders Center, LLC (“Defendants”) on July 14, 2017. However, Defendant was not served with the Summons and Complaint until January 27, 2020. (Proof of Service, filed 2/3/20.) Following a meet and confer effort by the parties, Plaintiff filed the First Amended Complaint on...

Excerpt: ...“RSO”) and fraud against Defendant 540 Landfair, LLC (“Defendant”). As its responsive pleading, Defendant filed a petition and motion to compel arbitration on June 30, 2020 (“the Motion”). On July 21, 2020, Plaintiff filed an opposition to the Motion and Defendant replied on August 5, 2020. Legal Standard “A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the pet...

Excerpt: ..., Inc. (“Plaintiff”) filed the instant action for breach of oral contract, common counts and fraud against WSI Vanlines, Inc. dba Hyundae Global Express (“WSI”); Woori Shipping, Inc. dba Hyundae Global Express (“Woori”); Youngmin Kim (“Kim”); and Jin Kyu Lim aka Jay Lim (“Lim”). On February 24, 2020, Plaintiff filed the First Amended Complaint (“FAC”) for (1) breach of oral contract; (2) money due on an open book account; ...

Excerpt: ...2020, an arbitrator issued an Arbitration Award in favor of Pavel Zabela (“Assignor”) and against Hyrecar, Inc. (“Respondent”). On April 6, 2020, Zabela assigned right, title and interest to all claims held against Respondent to Arden Silverman dba Capital Asset Protection (“Petitioner”). Petitioner filed the instant Petition to Confirm Arbitration Award on the same date (the “Petition”). To date, no response has been filed. Legal...

Excerpt: ... the Presiding Judge or his or her designee in the court where the litigation is proposed. ANALYSIS: Plaintiff Yvonne Jiang (“Plaintiff”) filed a Complaint for (1) breach of contract, (2) fraud, and (3) fraud against Defendants Helen Xu (“Xu” or “Defendant Xu”), Wenmei Yu and David Gao (collectively, “Defendants”) on April 28, 2017. The first cause of action for breach of contract was alleged against Defendant Xu. The second cause...

Excerpt: ...shrad (“Defendant”) on February 14, 2012. Following a bench trial before Judge David Minning, the court issued a decision in favor of Plaintiff on December 19, 2014. Despite Defendant's request for a statement of decision, Judge Minning declined to issue one. On March 2, 2015, Judge Minning granted Plaintiff's motion for attorneys' fees in the reduced amount of $40,000.00. On June 5, 2015, Judge Minning entered judgment in Plaintiff's favor i...

Excerpt: ...ENCES TO THE PARTIES' EARLIER ACTION AND GRANTED WITHOUT LEAVE TO AMEND AS TO THE PUNITIVE DAMAGES AND ATTORNEY'S FEES ALLEGATIONS. ANALYSIS: On January 2, 2019, Plaintiff Edward Leon Guy III (“Plaintiff”), a former tenant, brought this action to recover his security deposit from his former landlords and management company, Defendants Crystal Property Management, Inc. (“Defendant CPM”), Manley Henry, Gaynelle Henry, Melville Apartments, a...

Excerpt: ...kson.” On October 24, 2018, the Court entered an order for service of “Roe Kaikea Jackson” by publication. Proof of publication was filed by Plaintiff on January 11, 2019. As no responsive pleading was filed, the Court entered default on February 15, 2019 against “Roe Kaikea Jackson.” On August 29, 2019, the Court rejected Plaintiff's request to enter default judgment against “Roe Kaikea Jackson” because there was no proof of servic...

Excerpt: ...�Plaintiffs”) 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. On September 23, 2019, the Court sustained Defendants' Demurrer to the Complaint and granted Defendants' Motion to S...

Excerpt: ... Ashley”) on July 20, 2017. The court entered default judgment against Defendants on August 9, 2018. Defendant Rodney filed the instant Motion to Vacate Default and Default Judgment (“the Motion”) on February 19, 2020. Plaintiff filed an opposition on April 2, 2020. The Motion came for hearing on June 24, 2020, at which time the Court continued the matter to allow Defendant Rodney to file a reply. The reply was filed on July 14, 2020. Discu...

Excerpt: ...neral Indemnity Co.'s Motion to Strike the Request for Punitive Damages in the Consolidated First Amended Complaint is PLACED OFF CALENDAR AS MOOT. ANALYSIS: Plaintiff Tiffanie 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 Answ...

Excerpt: ...t Ramon G. Favela (“Ramon”) on July 27, 2017. Following Ramon's failure to file a responsive pleading, the court entered his default on January 25, 2019. On January 30, 2019, Plaintiff added Defendants Jennifer Favela (“Jennifer”) and Fernando Favela (“Fernando”) to the Complaint. Default was entered against Jennifer and Fernando on July 18, 2019. On November 1, 2019, Defendants filed the instant Motion to Vacate Entry of Default. Pla...

Excerpt: ...��) for breach of contract and related claims. On September 24, 2018, Defendant / Cross- Complainant filed a Cross-Complaint, then on November 6, 2018, filed an Amended Cross-Complaint. The Amended Cross-Complaint seeks damages in excess of $1 million from Plaintiff. (Amended X-Compl., Prayer.) A year later, on December 18, 2019, the Court denied Defendant / Cross- Complainant's ex parte application to transfer the action to a court of unlimited ...

Excerpt: ... Lyle and Tom McAllister's Motion for Assignment Order is GRANTED as to the charging order and request for accounting solely as to (1) Silver Green Farms, LLC; (2) A&H Investments, LLC; (3) Citi Properties Investment LLC; and (4) Superior Hospitality, LLC. The Motion for Assignment Order is DENIED as to the restraining order. ANALYSIS: Judgment in this action was entered on behalf of Judgment Creditors John Dawn, Lyle Dawn and Tom McAllister and ...

Excerpt: ...tion against Respondents Liliana Arriaga Franco and Tizoc Valencia (“Respondents”) on January 2, 2020. No proof of service of the Petition or notice of hearing has been filed. Also, to date, no opposition has been filed. Legal Standard “A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreem...

Excerpt: ... OPPOSITION: Filed on June 30, 3030 [ ] Late [ ] None REPLY: Filed on July 6, 2020 [ ] Late [ ] None Motion to Dismiss OPPOSITION: Filed on June 30, 3030 [ ] Late [ ] None REPLY: Filed on July 6, 2020 [ ] Late [ ] None ANALYSIS: I. Background On July 22, 2019, Plaintiff Custompak, LLC (“Plaintiff”) filed an action for breach of contract and common counts against Defendant 3L Distribution, Inc. (“Defendant”). Plaintiff filed a proof of ser...

Excerpt: ...against Defendants Clement Dennis Lee (“Defendant Clement”) and Yenkuang Lee on September 2, 2016. Following multiple continuances, the trial date was continued by stipulation from June 19, 2019 to August 19, 2019. On August 15, 2019, Plaintiffs filed and gave notice of an ex parte application to continue the trial date. The application was heard and granted over Defendants' objection on August 19, 2019, continuing the trial date to December ...

Excerpt: ...LAINT, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. ANALYSIS: On January 10, 2019, Plaintiff Stephanie Shin (“Plaintiff”) filed the instant action for forcible entry and detainer against Defendants Jewish Educational Movement (“Defendant JEM”) and Hertzel Illulian (collectively, “Defendants”). On April 15, 2020, Plaintiff f...

Excerpt: ...an Contractors Indemnity Company (“Defendant ACIC”). On October 29, 2018, the Court entered default judgment against Defendants Lopaz and Rudy's Mechanical Plumbing. Following Defendant ACIC's default and subsequent motion to vacate default, which the Court granted, it filed an Answer on October 24, 2019. On December 12, 2019, Defendant ACIC filed the instant Motion for Judgment on the Pleadings. Plaintiff filed his opposition on April 15, 20...

Excerpt: ...iamond Auto (“Defendant”). On January 21, 2020, Plaintiff filed the instant Motion for Summary Judgment against Defendant. On April 14, 2020, Defendant filed its opposition to the Motion for Summary Judgment and Plaintiff replied on July 2, 2020. Discussion The Complaint alleges that on March 2, 2016, Plaintiff and Defendant entered into a Master Dealer Agreement (“the MDA”), which was personally guaranteed by Defendant in his individual ...

Excerpt: ...ers Mark Douglas Panfil and Aldo Lozano (“Petitioners”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Guity Javid, Guity Javid Trust, Negeen Dehesh, Negeen Dehesh Trust, RBC Capital Markets, LLC, and Financial Industry Regulatory Authority, Inc. (“Respondents”) on September 26, 2019. The Petition seeks to confirm the arbitration award issued on September 16, 2019 in favor of Petitioners requiring ...

Excerpt: ...practices against Defendants Alero Mack Jr. (“Mack”), Kristina Klam (“Klam”), William Burke (“Burke”), Thomas J. Holthus (“Holthus”), and McCarthy & Holthus, LLP (“M&H”) (collectively, “Defendants”). On September 11, 2019, Defendant Mack filed a Cross-Complaint against Defendants Burke, Holthus, Klam, M&H, and O'Hare & Greco (“O'Hare”) for indemnification, apportionment of fault, declaratory relief, breach of contract,...

Excerpt: ...d Misty Thomson's Request for Sanctions Under Code of Civil Procedure § 128.5; Defendants Alex Yerkes and Misty Thomson's Request for Sanctions Under Cal. Rules of Court, Rule 2.30 is DENIED. ANALYSIS: On January 30, 2015, Plaintiff Haroun Bacchus (“Plaintiff”) filed this action against Defendants Misty Thomson and Alexander Yerkes (collectively, “Defendants”). The operative Second Amended Complaint (“FAC”) was filed on November 13, ...

Excerpt: ...to file a responsive pleading, the court entered his default on August 23, 2018 and his 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 Default Judgment...

Excerpt: ...RDER. ANALYSIS: On April 29, 2019, Plaintiff Princess Neva Celo (“Plaintiff”) filed this action against Defendant Gerardo Marcelo Martinez (“Defendant”) for motor vehicle negligence. On August 2, 2019, Defendant filed his answer. Thereafter, on February 7, 2020, Plaintiff filed the instant Motion to Reclassify (the “Motion”). Defendant filed an opposition on April 6, 2020. Legal Standard Code of Civil Procedure section 403.040 allows ...

Excerpt: ...gment Debtor Ronda Dixon (“Judgment Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on February 9, 2020. (Proof of Service, filed 2/13/20.) On March 10, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. To date, no opposition has been filed. Legal Standard Code of Civil Procedure section 1710.40, subdivision (a) provides that a judgment entered based on a sister state judgment “may ...

Excerpt: ...st Defendant Elizabeth Stockwell (“Defendant Stockwell”). Following the filing of Defendant Stockwell's Motion for Summary Judgment, opposition to, and reply in support of, in early 2019, the action was transferred from the Chatsworth Courthouse to the Limited Jurisidiction Department and reset for trial. On December 23, 2019, Plaintiff filed doe amendments naming Defendant Ann Ryan as Doe 1 and Specially Appearing Defendant Deborah Kimble as...

Excerpt: ... single cause of action for motor vehicle negligence. On August 14, 2019, the Court deemed the instant action related to State Farm Mutual Automobile Insurance Company v. Los Angeles County Metropolitan Transportation Authority, LASC Case No. 19STLC00645 (“LASC Case No. 19STLC00645”). This action is the lead case. On January 9, 2020, Defendant LACMTA filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication. P...

Excerpt: ...ns via COVID‐19, the parties shall make every effort to appear telephonically via CourtCall for their scheduled hearing. Whittley Arms Assoc., Inc. v. Pillman, et al. MOTION TO STRIKE AND/OR TAX COSTS TENTATIVE RULING: Plaintiff Whittley Arms Association, Inc.'s Motion for Attorney's Fees is GRANTED in the amount of $12,350.00. Defendant Stephen Pillman's Motion to Tax Costs is DENIED. ANALYSIS: On October 24, 2016, Plaintiff Whittley Arms Asso...

Excerpt: ...ns via COVID‐19, the parties shall make every effort to appear telephonically via CourtCall for their scheduled hearing. Interinsurance Exchange of the Automobile Club v. Maez, et al. MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT (C.C.P. §§ 473(d), 473.5) TENTATIVE RULING: Defendant Rodney Maez's Motion to Vacate and Vacate Default Judgment is DENIED. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed ...

Excerpt: ...ns via COVID‐19, the parties shall make every effort to appear telephonically via CourtCall for their scheduled hearing. Martin v. Lilly, et al. DEMURRER (CCP §§ 430.31, et seq.) TENTATIVE RULING: Defendant David Lilly's Demurrer to the First Amended Complaint is SUSTAINED WITH 30 DAYS' LEAVE TO AMEND AS TO THE 1ST, 2ND, 3RD AND 4TH CAUSES OF ACTION AND OVERRULED AS TO THE 5TH CAUSE OF ACTION. LEAVE TO AMEND IS GRANTED WITHIN 30 DAYS' NOTICE ...

Excerpt: ...ARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Francys Cornejo Villalta (“Defendant Villalta”) and Glen Bill Hernandez (“Defendant Hernandez”) on November 14, 2018. On January 3, 2019, Plaintiff entered Defendant Villalta's default. On April 19, 2019, Defendant Hernandez filed his Answer ...

Excerpt: ...AVE TO AMEND. ANALYSIS: On March 29, 2019, Plaintiff Jahan Frederick Handjani (“Plaintiff”) filed the instant action for negligence, breach of warranty and fraud against Defendant Ford Motor Company (“Defendant”). Following multiple meet and confer efforts by Defendant, followed by multiple attempts to amend the Complaint by Plaintiff, Plaintiff filed the Third Amended Complaint on September 5, 2019. (Motion, Solorio Decl., ¶¶3-18.) Des...

Excerpt: ...rm Mutual Automobile Insurance Co. filed an action for automobile subrogation against Defendants Alexander Yuspraikh (“Defendant Yuspraikh”) and Marcelo Aragon (collectively, “Defendants”). On September 18, 2019, Defendant Yuspraikh filed the instant Motion for a Protective Order Regarding Written Discovery (the “Motion”). On December 24, 2019, Plaintiff filed an Opposition and Defendant Yuspraikh replied on January 7, 2020. The Motio...

Excerpt: ...nt Forrest Bailman (“Defendant”). Plaintiff's application for publication was granted on May 7, 2013. Proof of service by publication was filed on July 12, 2013. Following Defendant's failure to respond, default was entered against him on August 7, 2013, and default judgment was entered on May 8, 2014. On March 18, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment; Motion to Quash Service. Plaintiff then filed an...

Excerpt: ...g Ramon's failure to file a responsive pleading, the court entered his default on January 25, 2019. On January 30, 2019, Plaintiff added Defendants Jennifer Favela (“Jennifer”) and Fernando Favela (“Fernando”) to the Complaint. Default was entered against Jennifer and Fernando on July 18, 2019. On November 1, 2019, Defendants filed the instant Motion to Vacate Entry of Default. Plaintiff filed an opposition on December 2, 2019 and Defenda...

Excerpt: ...Department of Public Health with respect to a patient at Plaintiff's facility. Plaintiff is a long- term, elder care center against which Defendant issued a Class “A” Citation and $16,000.00 penalty for violation of 42 Code of Federal Regulations parts 483.25 and 483.25, subpart (h). Plaintiff filed this action on May 16, 2018 and Defendant Answered on August 6, 2018. Plaintiff filed the instant Motion for Summary Judgment, or in the alternat...

Excerpt: ...V of Colorado, LLC (“Judgment Creditor”) filed the instant action against Defendant / 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. Notice of the renewal of judgment was served on Judgment Debtor on February 9, 2016. Judgment Debtor filed t...

Excerpt: ...eding”). In December 2015, the dissolution proceeding resolved with a stipulation for entry of judgment pursuant to which Defendant received certain real property as her sole and separate property. The parties' contractual relationship ended in June 2016. In July 2016, Plaintiff filed a Notice of Lien in the dissolution proceeding. In October 2017, Plaintiff filed an Amended Notice of Lien and recorded it with the Los Angeles County Recorder's ...

Excerpt: ...Plaintiff”) brought this action for a deficiency judgment after the repossession and sale of the GMC. (See Brown v. Jensen (1953) 41 Cal.2d 193, 198 [“a deficiency is nothing more than the difference between the security and the debt”].) On April 17, 2019, the Court granted Plaintiff's Motion for Summary Judgment. Plaintiff filed the instant Motion for Attorneys' Fees on July 11, 2019. To date, no opposition has been filed. Legal Standard A...

Excerpt: ...eatment and addiction services rendered to Lina Pawlik (“Pawlik”). Defendant filed an Answer on November 30, 2018. Defendant filed the instant Motion for Summary Judgment on December 3, 2019. Plaintiff filed its opposition on February 11, 2020 and Defendant replied on February 20, 2020. Discussion Defendant brings the instant Motion for Summary Judgment on the grounds that he cannot be liable for an insufficient check issued in a representati...

Excerpt: ...endant Oscar Flores (“Defendant”) on October 17, 2018. On December 6, 2018, Defendant filed his answer. On January 23, 2020, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendant. On February 10, 2020, Plaintiff filed the instant motion, which is accompanied by a meet and confer declaration, for judgment on Plaintiff's complaint. (Motion, Pleasant Decl., Ex. A.) To date, no opposition has been filed. L...

Excerpt: ...FESSIONAL EXPERIENCE, RATES FOR ARBITRATION SERVICES, AND ANY OTHER PERTINENT INFORMATION. ANALYSIS: Petitioner David Schneider (“Petitioner”) filed the instant Petition to Compel Arbitration against Respondent Maurice Pessah (“Defendant”) on October 9, 2019. The Petition was initially set for hearing on December 26, 2019 but continued on the Court's own motion to March 2, 2020. To date, no opposition has been filed. Legal Standard “On ...

Excerpt: ... December 11, 2019. To date, no opposition has been filed. Plaintiff alleges that she suffered injuries following a slip and fall at Defendant's premises on March 2, 2019. (Compl., p. 4.) Specifically, Plaintiff alleges that Defendant allowed rain water to remain in the public eating area without cleaning it up, causing Plaintiff to fall and injure her hip, butt, knee and back. (Ibid.) The elements of a cause of action for premises liability are ...

Excerpt: ...TO REINSTATE THIS CASE THEREIN. DEFENDANTS BRAYAN'S AUTO SALES, INC. AND CREDENTIAL ACCEPTANCE CORPORATION ARE ALSO JOINTLY AND SEVERALLY ORDERED TO PAY PLAINTIFF'S COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS. ANALYSIS: On October 4, 2019, Plaintiffs Salomon D. Hurtarte and Ingrid A. Lopez (“Plaintiffs”) filed this action against Defendants Brayan's Auto Sales, Inc. (“Dealer”), Credential Acceptance Corporation (“Holder”) and State ...

Excerpt: ...ssociation (“Judgment Creditor”) and against Amelia Roberta Espinosa (“Judgment Debtor”). Pursuant to the Application for Entry of Sister State Judgment, on July 11, 2018, this Court entered judgment against Judgment Debtor in the amount of $6,021.29. On October 8, 2019, Judgment Creditor filed the instant Motion for Award of Attorney's Fees and Costs (the “Motion”). The motion is accompanied by a request for judicial notice of the (1...

Excerpt: ... Stockwell (“Defendant Stockwell”). Following the filing of Defendant Stockwell's Motion for Summary Judgment in January 2019, the action was transferred from the Chatsworth Courthouse to the Limited Jurisidiction Department and reset for trial. On December 23, 2019, Plaintiff filed doe amendments naming Defendant Ann Ryan as Doe 1 and Specially Appearing Defendant Deborah Kimble as Doe 2. On January 27, 2020, Defendant Kimble filed the insta...

Excerpt: ... Stockwell (“Defendant Stockwell”). Following the filing of Defendant Stockwell's Motion for Summary Judgment in January 2019, the action was transferred from the Chatsworth Courthouse to the Limited Jurisidiction Department and reset for trial. On December 23, 2019, Plaintiff filed doe amendments naming Defendant Ann Ryan as Doe 1 and Specially Appearing Defendant Deborah Kimble as Doe 2. On January 27, 2020, Defendant Kimble filed the insta...

Excerpt: ...with a bicycle-versus-vehicle accident. On August 19, 2019, Defendants moved the Court for an order compelling Plaintiff's attendance at deposition and for monetary sanctions. (Motion, 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 rescheduled to March 18, 2019 at his request. (Id....

Excerpt: ...with a bicycle-versus-vehicle accident. On August 19, 2019, Defendants moved the Court for an order compelling Plaintiff's attendance at deposition and for monetary sanctions. (Motion, 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 rescheduled to March 18, 2019 at his request. (Id....

Excerpt: ...s-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 drug treatment and addiction services rendered to Lina Pawlik (“Pawlik”). On July 1, 2019, Pawlik filed a Cross-Complaint-in-Intervention, and then on September 17, 2019, filed a First Amended...

Excerpt: ...s-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 drug treatment and addiction services rendered to Lina Pawlik (“Pawlik”). On July 1, 2019, Pawlik filed a Cross-Complaint-in-Intervention, and then on September 17, 2019, filed a First Amended...

Excerpt: ...asualty Indemnity Exchange (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Amador Sagrero (“Defendant Sagrero”) and Leonardo Orozco (“Defendant Orozco”). Following Defendants' failure to file a responsive pleading, the Court entered default against them on December 18, 2017 and default judgment on April 23, 2019. Defendant Leonardo Orozco's Motion to Vacate Default Judgment Defendant Leonardo Orozc...

Excerpt: ... (“Defendant”). Specifically, the Complaint alleges that on January 24, 2017, Plaintiff slipped and fell on water on the floor at Hollywood High School, 1521 E. Highland Avenue, Los Angeles, California. (Compl., ¶PL-1.) On September 25, 2019, the Court granted Defendant's discovery motion, including a motion to deem requests for admission admitted. (Minute Order, 9/25/19.) On November 14, 2019, Defendant filed the instant Motion for Summary ...

Excerpt: ...“Defendant”). On December 26, 2019, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition to the Demurrer on January 24, 2020, and Defendant filed a reply on February 6, 2020. Discussion The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Park Decl., ¶4.) The Demurrer is also accompanied by a request for judicial not...

Excerpt: ...r Trans, Inc., Gurpreet Kaur, and Harsimran Singh for breach of written lease agreement and breach of guaranty. Specifically, the Complaint alleges that on March 21, 2018 Plaintiff and Defendant Tiger Trans entered into a written lease agreement (“the Lease”) of a motor vehicle (“the Subject Vehicle”) whereby Defendant Tiger Trans was to make monthly payments of $2,995.00 for 36 months. (Compl., ¶8 and Exh. 1.) Defendants Kaur and Singh ...

Excerpt: ...f upon determination by the Clerk that that the corrected Acknowledgement and Application are in proper form, the judgment shall be renewed. ANALYSIS: National Credit Acceptance, Inc. (“Petitioner”) filed the instant action as a Petition to Confirm Arbitration against Defendant Frida Kuzukyan (“Defendant”) on July 31, 2008. Following confirmation of the Arbitration Award, the Court entered judgment in favor of Petitioner on January 23, 20...

Excerpt: ...n initially came for hearing on December 18, 2019, at which time the Court continued the matter to allow Defendant to demonstrate compliance with the meet and confer requirement set forth at Code of Civil Procedure section 435.5. Specifically, the Court ordered Defendant to (1) meet and confer to determine whether an agreement can be reached that resolves the issue raised in the Motion to strike; and (2) file and serve a declaration regarding the...

Excerpt: ...mnity against Defendants Siddarth Arya (“Defendant Arya”) and Daniel Snyder dba Daniel Lester Snyder (“Defendant Snyder”). This action arose from a dispute over Bond No. 04-WB050381 (the “Bond”) in the penal sum of $15,000 for homeowner claimants or $7,500 for non-homeowner claimants. (Compl. ¶¶ 7, 25.) Pursuant to the Application and Indemnity Agreement, Snyder agreed to indemnify Plaintiff in exchange for the issuance of the Bond....

Excerpt: ...o Marin-Cruz (“Defendant”). Because Defendant failed to answer the Complaint, Plaintiff successfully obtained default and default judgment against him in the amount of $12,569.92 on February 6, 2019 and April 23, 2019, respectively. On September 26, 2019, Plaintiff filed an Acknowledgment of Partial Satisfaction of Judgment in the amount of $10,000.00. On December 10, 2019, Defendant filed the instant Motion to Vacate Default and Default Judg...

Excerpt: ... SUPPORT OF THE REQUEST FOR PUNITIVE DAMAGES. THE MOTION TO STRIKE IS DENIED AS TO THE CAUSE OF ACTION FOR “INTENTIONAL TORT.” ANALYSIS: On December 18, 2017, Plaintiff Drago Baric (“Plaintiff”) filed this action for intentional tort against Defendant US Storage Center, Inc. (“Defendant”). On June 5, 2019, Plaintiff filed the First Amended Complaint. Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the First ...

Excerpt: ... of the Complaint is DEEMED MOOT AS TO DEFENDANTS BETH PENTICOFF AND JACK HAGEMAN AND GRANTED WITHOUT LEAVE TO AMEND AS TO DEFENDANT MERCURY INSURANCE COMPANY. ANALYSIS: On October 26, 2018, Plaintiffs The Law Man Group, APC and Shawn Gozarkah (collectively, “Plaintiffs”) filed this action for damages resulting from an attorney's lien against Defendants Mercury Insurance Co. (“Mercury”), Beth Penticoff (erroneously sued and served as “B...

Excerpt: ...Defendants Lucero Miramontes, Accident Center, and Discovery Diagnostics, Inc. On October 15, 2019, Plaintiff filed a First Amended Complaint for the same cause of action against the same Defendants. On December 13, 2019, Defendants filed the instant Demurrer to the First Amended Complaint. Defendant Daniel Powers, M.D., Inc. dba v. Discovery Diagnostics, Inc. filed an opposition on January 21, 2020 and Plaintiff replied on January 27, 2020. Disc...

Excerpt: ...TO BE PAID WITHIN THIRTY (30) DAYS OF PLAINTIFF SERVING NOTICE OF THIS ORDER. THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO MARCH 25, 2020 AT 10:30 AM IN DEPARTMENT 26. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO PAY FIVE (5) ADDITIONAL MOTION FILING FEES. FAILURE TO COMPLY WITH THE COURT'S ORDER MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR. ANALYSIS: Plaintiff Javier Quiroz (“Plaintiff”) fil...

Excerpt: ...tively, “the Kang Defendants”) and Keung Ri Hahn (“Defendant Hahn”) for breach of written contract. Specifically, the Complaint alleges that in 2009, Plaintiff and Defendant Hahn entered into a 10- year agreement (“the Location Agreement”) for the placement and continuous operation of an automated teller machine (“ATM”) at Aloha Deli Market. Following Defendant Hahn's sale of Aloha Deli Market to the Kang Defendants in 2016, they ...

Excerpt: ...udgment 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 the instant Motion to Vacate Sister State Judgment, which came for hearing on October 23, 2019. At the initial hearing, the Court continued the matter upon finding that the Motion was improperly served on Judgment Creditor by Judgment Debtor, in violation of...

Excerpt: ... subrogation against Defendants Veronica Muro (“Defendant Muro”), Miguel Angel Marentes and Ascencion Marentes (“the Marentes Defendants”) on April 18, 2018. The Complaint alleges that Defendant Muro's negligence during the operation of the Marentes' motor vehicle resulted in damages to Plaintiff's insured. (Compl., ¶6.) On June 12, 2019, the Court granted Plaintiff's unopposed Motion to Deem Requests for Admission Admitted against Defen...

Excerpt: ...ile subrogation against Defendants Mark P. Lopez, Sergei Sychev aka Sergei A. Sychev (“Defendant Sychev”), and Planet Bouncy, LLC (“Defendant”) on April 9, 2018. Following their failure to file a responsive pleading, the court entered default against Defendants Sychev and Planet Bouncy, LLC on June 18, 2019 and default judgment on September 27, 2019. Defendant Sychev filed the instant Motion to Vacate Default and Default Judgment and Quas...

Excerpt: ...he instant action for breach of contract against Defendant Gardena Hospital, LP dba Memorial Hospital of Gardena (“Defendant”) on August 12, 2019. On September 18, 2019, Defendant filed the instant Motion to Compel Arbitration. To date, no opposition has been filed. Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to a...