Excerpt: ...0.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. SERVICE OF MOTION: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability. RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant on January 21, 2021, admitted. Plaintiff should be awarded sanctions of $1,...

Excerpt: ...IS TO FILE AND SERVE THE PROPOSED ANSWER WITHIN 20 DAYS OF THIS ORDER. TRIAL IS SET FOR APRIL 20, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract. RELIEF REQUESTED: Vacate default and default judgment against Defendant due to mistake,...

Excerpt: ...ice of this order. Plaintiff's request for sanctions is also GRANTED in the amount of $500.00 to be paid by Defendant NBA within thirty (30) days of notice of this order. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of October 8, 2021 [ ] Late [X] None REPLY: None filed as of October 8, 2021 [ ] Late [...

Excerpt: ...ely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for automobile subrogation. MOTION: Plaintiff moves for judgment on the pleadings with respect to the Complaint. The Answer does not allege any matter that would constitute a valid affirmative defense and the Court granted Plaintiff's Motion to Deem the Requests for Admission (Set One) Admitted against Defe...

Excerpt: ...ND SERVED WITHIN 10 DAYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of October 6, 2021. REPLY: None filed as of October 6, ...

Excerpt: ...OR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK BACKGROUND: Action for personal injuries. REQUEST FOR RELIEF: Reclassify action to unlimited jurisdiction court. Plaintiff's future medica...

Excerpt: ...13a) NO [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) NO SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondents pursuant to the terms of the arbitration award. OPPOSITION: None filed as of October 4, 2021. REPLY: None filed as of October 4, 2021. ANALYSIS: Petitioner Ricky Poon, Esq. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Linger Chu, Hsi-Shieh Ch...

Excerpt: ... 1013, 1013a) OK [X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of promissory note. REQUEST FOR RELIEF: Grant Plaintiff summary judgment on the grounds that there are no disputed facts as to Defendant's liability for breach of the promissory note. Defendant's partial payments were first made towards interest, leaving unpaid principal and prejudgment interest accruing from the date of the breach. OPPOSITION: ...

Excerpt: ...nthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788, et seq. and the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.25(a). MOTION: Sustain demurrer to the Answer for failure to allege sufficient facts and uncertainty. OPPOSITION: None filed as of October 4, 2021. REPLY: None filed as of October 4, 2021. ANALYSIS: Plaintiff Erica Chappell (“Plaintiff”) filed the instant action for violations of the Rosen...

Excerpt: .... SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. RELIEF REQUESTED: Quash service of the Summons as improper and vacate the default judgment. The papers were served to the wrong post office box and Plaintiff was not the person who signed the receipt of certified mail. Plaintiff did not file a claim of exempti...

Excerpt: ...rsonal injury damages on Plaintiff's behalf. (Compl., ¶11.) The trial date in this matter was continued from June 28, 2021 to May 9, 2021 pursuant to the parties' stipulation. (Stip and Order, filed 06/10/21.) On June 8, 2021, Plaintiff filed the instant Motion for Leave to Amend Complaint (“the Motion”). Defendant filed an opposition on September 16, 2021 and Plaintiff replied on September 27, 2021. Discussion Leave to amend is permitted un...

Excerpt: ...ES TO INTERROGATORY NOS. 23, 26, 28 AND 32 WITHIN 20 DAYS' SERVICE OF THIS ORDER. NO FURTHER RESPONSE IS REQUIRED FOR INTERROGAORY NO. 5. PLAINTIFF EGAL SHAHBAZ AND FORMER COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $860.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff Egal Shahbaz (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant ...

Excerpt: ...k Mosesi (“Defendant Mosesi”) and Law Office of Henrik Mosesi (“Defendant Law Office”) on May 5, 2021. Plaintiff also filed a Notice of Related Case with respect to a Small Claims action between the same parties (“LASC Case No. 21PDSC00407”). On June 7, 2021, Defendant Mosesi filed the instant Motion to Compel Arbitration. On June 28, 2021, the Court ruled that this action was not related to the Small Claims case. No opposition has be...

Excerpt: ...on for breach of retainer agreement and quantum meruit against Defendants Houshang Pavehzadeh (“Defendant Pavehzadeh”) and Mona Soleimani (“Defendant Soleimani”) on July 5, 2019. Defendant Pavehzadeh filed an Answer on August 15, 2019, but Plaintiff ultimately sought to serve Defendant Soleimani by publication. Proof of service of the Summons and Complaint on Defendant Soleimani by publication was filed on Defendant 26, 2019. Following De...

Excerpt: ...urchill (“Petitioner”) and against State Farm Mutual Automobile Insurance Company (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on May 21, 2021. Respondent filed a Response on August 30, 2021 and Petitioner replied on September 17, 2021. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The ...

Excerpt: ...tiff”) filed the instant action for automobile subrogation against Defendants Yuliana Alvarenga (“Defendant”) and Jose A. Medina (“Medina”) on August 2, 2016. Medina was dismissed on May 31, 2019. On January 24, 2020, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. (Stip and Order for Entry of Judgment, filed 01/24/20.) Th...

Excerpt: ...on of the Unruh Civil Rights Act (“the Unruh Act”) against Defendants Hayrapt Gregorian, individually and as trustee of the Gregorian Living Trust, under declaration dated June 3, 2004, and Ziba Gregorian, individually and as trustee of the Gregorian Living Trust, under declaration dated June 3, 2004 (“Defendants”) on May 7, 2021. Defendants filed the instant Motion for Sanctions Per Code of Civil Procedure section 128.7 against Plaintiff...

Excerpt: ...iation (“Judgment Creditor”) and against Amelia Roberta Espinosa (“Judgment Debtor”). Pursuant to the Application for Entry of Sister State Judgment filed in this Court on July 11, 2018, this Court entered judgment against Judgment Debtor in the amount of $6,021.29 on the same date. On February 26, 2020, the Court granted Judgment Creditor's first motion for attorney's fees and costs. (Minute Order, 02/26/20.) On June 3, 2021, Judgment Cr...

Excerpt: ...e instant Demurrer to the Complaint on September 2, 2021. No opposition has been filed to date. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Gardner Decl., ¶2 and Exh. A.) Defendant Chase Bank demurs on the grounds of res judicata and asks the Court to take judicial notice of the records in a Small Claim action filed by Plaintiff, as follows: 1. Plaintiff'...

Excerpt: ...19, 2021, an Arbitration Award was issued in favor of Budget Uniform Rental, Inc. (“Petitioner”) and against B & R Road Service, Inc. (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on May 25, 2021. Petitioner filed a proof of service of the Summons, Petition and Notice of Hearing on June 4, 2021. To date, no response has been filed. Legal Standard “Any party to an arbitration in w...

Excerpt: ...rcamo (“Defendant”) on July 7, 2020. Following Defendant's failure to file a responsive pleading, the Court entered default on October 19, 2020 and default judgment on October 28, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on August 24, 2021. Plaintiff filed an opposition on September 1, 2021. Discussion Defendant moves for relief from the default and default judgment pursuant to Code of Civil Procedure, s...

Excerpt: ...iff”) filed an action for breach of contract and common counts against Defendants Garri Chernyavskiy and Polina Chernyavskiy (“Defendants”). Prior to filing this action, Plaintiff had brought an unlawful detainer case against Defendants in Ahdoot v. Chernyavskiy, et al., LASC Case No. 19STCV07772 (“the Unlawful Detainer action”) on March 6, 2019. On January 31, 2020, the Chernyavskiys filed an Answer and a Cross-Complaint for malicious ...

Excerpt: ... 28, 2021, the Court sustained Defendant's demurrer to the Complaint with leave to amend. Plaintiff filed the First Amended Complaint on July 29, 2021, alleging (1) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788, et seq.; (2) Violation of the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.25(a); and (3) Breach of California Business and Professions Code § 17200. Defendant filed th...

Excerpt: ...9, Plaintiff Steven J. Cooper filed the instant action for breach of retainer agreement against Defendant Lance Turner. The action arises out of Cooper's representation of Turner in a paternity action. (Compl., ¶BC-2 and Exh. A.) The Summons and Complaint were served on May 1, 2021. (Proof of Personal Service, filed 05/01/21, ¶3.) On June 3, 2021, Turner filed an Answer to the Complaint. Turner (hereinafter “Cross-Complainant”) then filed t...

Excerpt: ...ANT IS TO FILE AN ANSWER TO THE COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: On June 30, 2020, Plaintiff Marc Ghoukassian (“Plaintiff”) filed the instant action for breach of contract, common counts, and medical negligence against Defendant Ryan Osborne, M.D. The action arises out of Plaintiff's retention of Defendant in or around May 2017 for removal of a stone near Plaintiff's salivary gland. (Compl., p. 3, ¶5.) On June 14, 2021...

Excerpt: ...t, common counts, negligent infliction of emotional distress and intentional infliction of emotional distress against Defendant Bell Cab Company (“Defendant”). On August 2, 2019, the Court entered Defendant's default, after which Plaintiff made numerous attempts to enter default judgment. On September 18, 2020, the Court struck the form Complaint with 20 days' leave to amend due to Plaintiff's failure to attach causes of action. (Minute Order...

Excerpt: ... Complaint with leave to amend on July 28, 2021. (Minute Order, 07/28/21.) On July 29, 2021, Plaintiff filed a First Amended Complaint. On August 27, 2021, Defendant filed the instant Motion to Stay Discovery. Plaintiff filed an opposition on September 3, 2021. Discussion It is in the Court's discretion to manage discovery in a civil action, including whether to stay discovery. (Save Open Space Santa Monica Mountains v. Superior Court (2000) 84 C...

Excerpt: ...ner”) and against Gerald Malanga (“Respondent”). On January 17, 2010, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Petition was initially set for hearing on August 6, 2020, at which time the Court continued the hearing to December 3, 2020 to allow Petitioner to correct defects in service of the arbitration award, Petition and notice of hearing. (Minute Order, 08/06/20.) On October 16, 2020, th...

Excerpt: ...against Defendant Z Dental Group, Inc. (“Defendant”) on August 22, 2019. On October 21, 2019, Defendant filed an Answer in pro per. At the February 2, 2021 hearing on Plaintiff's discovery motions, the Court noted that Defendant improperly answered in pro per and must appear in the action going forward through an attorney. (Minute Order, 02/02/21.) On March 10, 2021, Defendant filed a substitution of attorney and the Court discharged the Orde...

Excerpt: ...t against Defendant Dean Reber (“Defendant”). On August 22, 2019, the matter came for trial. Upon Plaintiff's failure to appear, the Court dismissed the action without prejudice. (Minute Order, 08/22/19.) Defendant served Plaintiff with notice of the order of dismissal on the same date. (Notice of Ruling, filed 08/22/19.) On September 4, 2019, Defendant filed a Memorandum of Costs. On October 21, 2019, Defendant filed a Motion for Attorney's ...

Excerpt: ... Rock The Spectrum, LLC (“Defendant”), asserting causes of action for breach of written agreement and breach of the implied covenant of good faith and fair dealing. On November 13, 2018, the Court sustained Plaintiffs' demurrer to Defendant's Answer. The action was originally filed in a court of unlimited jurisdiction, then transferred to the limited jurisdiction court on January 9, 2019 upon Defendant's unopposed motion to reclassify. Plaint...

Excerpt: ...ETITIONER ISIDRO MIRAMONTES. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Petitioner Isidro Miramontes (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents UBS Financial Services, Inc. (“Respondent UBS”) and Financial Industry Regulatory Authority (“Respondent FINRA”) on April 28, 2021. The Petition seeks to confirm an arbitration award issued...

Excerpt: ...ember 6, 2019, Plaintiff Jirair Marouti (“Plaintiff”) filed this action against Defendant Lauren Ashley Miller (“Defendant”) for motor vehicle negligence. Service was accomplished on Defendant in June 2020, at which time an Answer was filed. Plaintiff filed a substitution of attorney on June 29, 2020. On September 28, 2020, Plaintiff filed the first Motion to Reclassify Action (“the first Motion”). The first Motion was denied without ...

Excerpt: ...S TO SERVE VERIFIED RESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $323.30 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Defendant Soon Kim (“Defendant”) propounded Form Interrogatories, Set One and Special Interrogatories, Set One, on Plaintiff Marina Fabro (“Plaintiff”) on April 20, 2021. (Motions, Keshishian Decl., Exh. A....

Excerpt: ...) filed the instant action for subrogation recovery against Defendant Kenny Summerville (“Defendant”) on November 15, 2016 for an accident that occurred on or about April 16, 2014. Proof of service was filed on June 1, 2017, evidencing personal service of Defendant on April 3, 2017, at 6641 Sugar Pine Court, Chino, CA 91710 (“Chino property”). Default was entered on January 18, 2018 and, thereafter, Judgment was entered on December 31, 20...

Excerpt: ...�Defendants”). Prior to filing this action, Plaintiff had brought an unlawful detainer case against Defendants in Ahdoot v. Chernyavskiy, et al., LASC Case No. 19STCV07772 (“the Unlawful Detainer action”) on March 6, 2019. On January 31, 2020, the Chernyavskiys filed an Answer and a Cross-Complaint for malicious prosecution against Plaintiff's counsel, Jeff Katofsky, Jeff Katofsky, a Professional Law Corporation, and Michael Leff (“Cross-...

Excerpt: ...dgment in favor of Plaintiff The Village of Copper Basin Community Association (“Plaintiff”) and against Defendants Jorge A. Marciano and Jane Doe Marciano (“Defendants”) in The Village of Copper Basin Community Association v. Marciano, Case No. CC2014-4107. The default judgment was entered in the principal sum of $2,291.56, interest, attorney's fees of $962.50, and costs of $234.8. (Motion, RJN, Exh. 2.) On November 16, 2016, this Court ...

Excerpt: ...THIS ORDER. DEFENDANT VILLA MARINA CENTER CA, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $250.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On February 19, 2021, Plaintiff Jason McCann (“Plaintiff”) filed this action against Defendants Adolfo Daye, Adal Corporation, and Villa Marina Center CA, LLC (erroneously sued as RAR2-Villa Marina Center CA, LLC) (“Defendants”) for dis...

Excerpt: ...2, 2020. Defendant filed an Answer to the Complaint on July 30, 2020. Plaintiff filed the instant Motion to Reclassify on April 21, 2021. Defendant filed an opposition on June 21, 2021 and Plaintiff replied on June 22, 2021. Discussion Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd...

Excerpt: ...dant Osbaldo Medrano (“Defendant”) on February 2, 2021. On March 26, 2021, Defendant filed an Answer. Plaintiff filed the instant Motion for Judgment on the Pleadings on April 12, 2021. To date, no opposition has been filed. Legal Standard The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may ...

Excerpt: ...rance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Beatrice Espinoza aka Beatrice Hernandez (“Defendant”) on December 15, 2017. On March 3, 2020, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. (Stip and Order for Entry of Judgment, filed 03/03/20.) The request for dismissal wit...

Excerpt: ...�Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Filadelfo Perez (“Defendant”). Plaintiff filed Proof of Substitute Service of April 22, 2021. Defendant filed the instant Motion to Quash Service of the Summons and Complaint on July 2, 2021. Plaintiff filed an opposition on August 4, 2021 and Defendant replied on August 16, 2021. Discussion Defendant moves to quash service of the Summons and Complaint on t...

Excerpt: ... for breach of construction contract and related claims against Defendants AWI Builders, Inc. (“Defendant AWI”), 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. The unopposed Motion initially came for hearing on October 7, 2020 and was granted by the Court. (Minute Order, 10/07/20.) Following a motion for reconsideration by...

Excerpt: ...ER TO FILE A PROPOSED JUDGMENT WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Petitioner Michael Robinette Jeppson (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents CitiGroup Global Markets, Inc. (“CitiGroup”) and Financial Industry Regulatory Authority (“FINRA”) (“collectively, Respondents”) on April 9, 2021. The Petition seeks to confirm the arbitration award issued on March 23...

Excerpt: ...OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $861.65 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE 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”). Following the Court's ruling on Defendant's Demurrer to the Complaint...

Excerpt: ...dants Curtis McIntosh and Kevin Stephens (“Defendants”). The Complaint alleges that on or about August 23, 2017, Plaintiff agreed to purchase from Defendants a proof of claim in the Bankruptcy Case In re Jan Moran Fish, Bankruptcy District for the Central District of California, Case No. 6:16-bk-13896-WJ (“the Bankruptcy Case”), and all monies payable pursuant to said proof of claim. (Compl., ¶7.) In exchange for the proof of claim, Plai...

Excerpt: ...udgment in favor of Plaintiff Desert Ridge Community Association (“Plaintiff”) and against Defendants Siavash Sam Mardjaee and Jane Doe Mardjaee (“Defendants”) in Desert Ridge Community Association v. Mardjaee, Case No. CC2013-098737. The default judgment was entered in the principal sum of $1,157.75, attorney's fees of $1,522.50, and costs of $417.43. (Motion, RJN, Exh. 2.) On January 3, 2018, this Court entered judgment pursuant to the ...

Excerpt: ...aint in this action against Defendants Joseph Bendix (“Defendant Bendix), Nancy Nelson (“Defendant Nelson”) and Essex Property Trust, Inc. (“Defendant Essex”) (collectively, “Defendants”). On May 10, 2021, the Court ruled on Defendant Essex's Demurrer to, and Motion to Strike Portions of, the First Amended Complaint. On June 2, 2021, the Court ruled on Defendants Bendix and Nelson's Demurrer to, and Motion to Strike Portions of, the...

Excerpt: ...y 27, 2020. On May 11, 2021, Plaintiff filed the instant Motion for Summary Judgment. Defendants filed an opposition on July 15, 2021 and Plaintiff replied on July 22, 2021. Legal Standard On a motion for summary judgment or adjudication of a particular cause of action, a moving plaintiff must show that there is no defense by proving each element of the cause of action entitling the party to judgment on that cause of action. (Code Civ. Proc., § ...

Excerpt: ...GMENT TO BE FILED WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Petitioner James Jeffrey Dorman (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Dorman Skorheim Wealth Management LLC (“DSWM”) and Financial Industry Regulatory Authority (“FINRA”) (“collectively, Respondents”) on April 4, 2021. The Petition seeks to confirm the arbitration award issued on March 17, 2021 in favor ...