Excerpt: ...WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT ROBERT CLIPPINGER PAY SANCTIONS OF $250.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT MAKES NO RULING ON THE REMAINING REQUESTS FOR DISCOVERY ORDERS AT THIS TIME. ANALYSIS: Plaintiff AAble Securities, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendants Robert Clippinger (“Defendant Clippinger”) and C...

Excerpt: ...When Defendant failed to file a responsive pleading, Plaintiff obtained entry of default on June 27, 2011 and default judgment on August 4, 2011. On January 4, 2021, Defendant filed the instant Motion to Vacate Default and Default Judgment and to Quash Service of the Summons and Complaint. Plaintiff filed an opposition on February 8, 2021 and Defendant replied on March 25, 2021. Discussion Defendant moves to vacate the entry of default and defaul...

Excerpt: ...RANCE FEES AND RESERVATION OF A HEARING DATE. DEFENDANT RAYMOND GHERMEZIAN, ESQ. IS TO FILE A RESPONSIVE PLEADING WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: On July 10, 2021, Plaintiff High Desert Medical Office, Inc. (“Plaintiff”) filed the Complaint in this action for breach of contract and related claims against Defendants Raymond Ghermezian, Esq. (“Defendant Ghermezian”) and Raymond Ghermezian, A Professional Law Corporati...

Excerpt: ... Montana Homeowners Association (“Plaintiff”) and against Defendant Laura M. Gomez (“Defendant”) in Case No. CC2010-075338. The default judgment was entered in the principal sum of $1,503.86, attorney's fees of $580.00, and costs of $278.00. (Motion, RJN, Exh. 2.) On August 10, 2018, this Court entered judgment based on the sister-state judgment in Case No. CC2010-075338. Plaintiff filed the instant Motion for Award of Attorney's Fees and...

Excerpt: ... AND LOST PROFITS. 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 (“N. McCadded Pl”) and Babu-Khan Enterprises, Inc. (“Babu-Kha...

Excerpt: ...Trial (“the Motion to Exclude”) on May 22, 2020. On September 14, 2020, Plaintiff filed the instant Motion for Sanctions (“the Motion for Sanctions”). On September 15, 2020, the Court denied the Motion to Exclude. Defendant filed an opposition to the Motion for Sanctions on March 23, 2021 and Plaintiff replied on March 29, 2021. Discussion Plaintiff moves for sanctions against Defendant pursuant to Code of Civil Procedure section 128.5. U...

Excerpt: ... Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Fernando Antonio Gutierrez (“Defendant”) on March 29, 2016. On December 15, 2017, 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. The Court dismissed the action pursuant to the stipulation on the same date. On November 17, ...

Excerpt: ...ervice by publication and Plaintiff filed proof of service by publication on May 26, 2020. Following Defendant's failure to respond to the Complaint, the Court entered her default on July 1, 2020. Defendant filed a Motion to Vacate Default on July 28, 2020. Default judgment was then entered against Defendant on September 2, 2020 and the hearing date on the Motion to Vacate Default was placed off calendar. Defendant filed the instant Motion to Vac...

Excerpt: ... OF THE RECLASSIFICATION FEE, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT ANALYSIS: On March 6, 2020, Plaintiff Stephanie Garcia (“Plaintiff”) filed the instant action for premises liability against Defendant Urban Outfitters West LLC (erroneously sued as FreePeopleCom LLC and Urban Outfitters, Inc.) (“Defendant”). ...

Excerpt: ...N THE PETITION BEING PLACED OFF CALENDAR OR DENIED. ANALYSIS: Petitioner EPR Recruiting, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Centec Security Systems, Inc. (“Respondent”) on November 24, 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 ...

Excerpt: .... Following the failure to respond, the Court entered default against Defendants on June 4, 2020. Defendant Berhe, purporting to do business as Grand Prize Liquor (“Defendant”), filed the instant Motion to Vacate Default on January 15, 2021. Default judgment was then entered against Defendant on February 16, 2021. Plaintiff filed an opposition to the Motion to Vacate on March 17, 2021. Discussion Defendant moves for relief from the default pu...

Excerpt: ...way Consultancy Firm (“Plaintiffs”) filed the instant action for breach of lease agreement and common counts against Defendants David Lilly and Low Cost Legal Documents, Inc. (“Defendants”). On November 4, 2019, Plaintiffs filed a First Amended Complaint for (1) breach of contract; (2) unjust enrichment; (3) tortious interference with business relationship; (4) interference with prospective economic advantage; and (5) trespass on business...

Excerpt: ...ows 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, the...

Excerpt: ... intentional tort against Defendant US Storage Center, Inc. (“Defendant”). On June 5, 2019, Plaintiff filed the First Amended Complaint. On October 21, 2019, the Court scheduled an Order to Show Cause Re: Failure to File Proof of Service for February 26, 2020. On February 5, 2020, the Court overruled Defendant's demurrer and motion to strike the First Amended Complaint. The parties tried to file a Notice of Settlement on March 3, 2020, but th...

Excerpt: ...t Larreau”) on May 26, 2020. Following the failure to file a responsive pleading, the Court entered Defendant Larreau's default on October 19, 2020. Defendant Kadkhoda filed the instant Motion for Determination of Good Faith Settlement on March 4, 2021. No opposition has been filed to date. Legal Standard Code of Civil Procedure section 877.6 states, in pertinent part: (a) (1) Any party to an action in which it is alleged that two or more parti...

Excerpt: ...nts' installation of an HVAC system at Plaintiff's residence. Defendants filed a Motion for Summary Judgment on December 21, 2020. On January 11, 2021, Plaintiff filed the instant Motion for Leave to Amend Complaint (“the Motion”), which is now set to be heard concurrently with the Motion for Summary Judgment. No opposition to this Motion has been filed. Discussion Plaintiff moves for leave to add allegations regarding events that occurred af...

Excerpt: ... IN THE SPRING STREET COURTHOUSE. AT LEAST NINE (9) COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE SUPPLEMENTAL PAPERS ADDRESSING THE STATUS OF DEFENDANTS HOME SAVING TERMITE CONTROL, INC. AND KAREN MIRA. ANALYSIS: On October 15, 2019, Plaintiff Old Republic Surety Company (“Plaintiff”) initiated this interpleader action against Defendants Home Saving Termite Control, Inc. (“Defendant HSTC”), Taslimi Construction, Co., Inc...

Excerpt: ...Ryu (“Defendants”) on November 21, 2018. On July 15, 2020, the Court granted Defendants' motions to compel Plaintiff's responses to written discovery. (Minute Order, 07/15/20.) 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. (Notice of Ruling, filed 7/15/2...

Excerpt: ...tant action for breach of contract and breach of fiduciary duty against Westlake Services, LLC (“Defendant”) on January 21, 2020. The Court overruled Defendant's demurrer to the Complaint on September 14, 2020 and it filed an Answer to the Complaint ten days later. On January 26, 2021, the Court sustained Plaintiff's demurrer to the Answer with 20 days' leave to amend. Defendant filed its First Amended Answer (“the Amended Answer”) on Feb...

Excerpt: ...Plaintiff substituted in new counsel. On August 27, 2020, Plaintiff filed the instant Motion for Leave to Amend Complaint. Defendant filed an opposition on February 23, 2021. Discussion Plaintiff moves for leave to add one of Defendant's vendors, PestSure, to the action. Plaintiff contends that PestSure is a necessary party to the action following investigation and discovery into the cause of its insured's injuries. (Motion, p. 3:11-13.) Leave to...

Excerpt: ...E PETITION BEING PLACED OFF CALENDAR OR DENIED. ANALYSIS: Petitioner GEICO Indemnity Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Allstate Indemnity Company (“Respondent”) on November 12, 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 v...

Excerpt: ... America, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondent Unleashed, LLC (“Respondent”). This action arises out the parties' dispute over compensation owed to Petitioner's employees for production of the theatrical motion picture entitled “Unleashed.” (Pet., ¶¶3-5.) Petitioner filed the instant petition on November 12, 2020. To date, no opposition has been filed. “Any pa...

Excerpt: ...EN (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. (“Claimant ATM Pro.”) and Michael Zargar (“Claimant Zargar”) (collectively, “Claimants”). On October 2, 2020, Petitioner filed Notice of Hearing and Proof of Service. On October 29, 2...

Excerpt: ...gence against Defendant Dawnette Anderson (erroneously sued as Renee Anderson) (“Defendant”) on May 23, 2018. Following Defendant's failure to file a responsive pleading, the Court entered her default on January 14, 2019. Plaintiff filed a second proof of service of the Summons and Complaint with respect to Defendant on August 5, 2020. Defendant sought to file a demurrer on August 21, 2020 and motion to compel discovery responses on December ...

Excerpt: ...biola Alvarez Lopez and Jorge Eugenio (“Defendants”). Plaintiffs filed a proof of service of the Summons and Complaint demonstrating that Defendants were sub-served in this action effective May 29, 2019. Defendants filed an Answer on July 17, 2019. On January 15, 2020, Plaintiffs filed a Motion to Compel Defendant Lopez's Appearance at Deposition. On January 24, 2020, non-party Loya Casualty Insurance Company (“Loya Casualty”) filed a Mot...