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: ... 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 ...