Excerpt: ...in”) and Virginia Fernandez (“Defendant Virginia”) on August 30, 2017. The case came for trial on July 25, 2019, at which time the parties reached a settlement that was recited in open court. (Minute Order, 07/25/19.) On September 3, 2019, Plaintiff dismissed Defendant Virginia from the action. (Request for Dismissal, filed 09/03/19.) Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of j...

Excerpt: ...2022 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Westlake Services, LLC (“Plaintiff”) filed the instant action for common counts against Defendant J's Aviation Consulting Group, LLC dba Autovation (“Defendant J's Aviation”) and Joshua R. Henderson aka Josh R. Henderson (“Defendant Henderson”) (collectively, “Defendants”) on May 19, 2021. On July 26, 2021, Defendants filed an Answer to the Compl...

Excerpt: ...sa Bonner, Alyson Green, Desiree Harris and Goldie Clark (“Plaintiffs”) filed this action against Defendant GHP Management Corporation (“Defendant”). Plaintiffs filed a First Amended Complaint on June 7, 2021. On August 24, 2021, Defendant filed the instant Motion to Strike the Request for Punitive Damages. Plaintiffs filed an opposition on January 10, 2022. Discussion The Motion is accompanied by a meet and confer declaration as required...

Excerpt: ... violation of the Unruh Civil Rights Act (“the Unruh Act”) against Defendant American Gun Works (“Defendant”) on February 24, 2021. On May 12, 2021, Defendant filed a Demurrer to the Complaint and a Motion for Sanctions. Plaintiff dismissed the action on May 26, 2021. Defendant filed an Amended Motion for Sanctions on August 13, 2021. Plaintiff's former counsel Jacob A. Shahbaz filed on opposition on January 10, 2022, to which Plaintiff f...

Excerpt: ...e 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 and common counts. REQUEST FOR RELIEF: Grant Defendant leave to file compulsory cross-complaint. The cross-claims arise from the same set of operative facts as the Complaint and supporting facts were not available at the time the Answer was filed. OPPOSITION: Defendant's Answer al...

Excerpt: ...d, alternatively, Motion for Relief from Order is DENIED. 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 motor vehicle negligence. RELIEF REQUESTED: Reconsider the Court's order deeming the requests for admissions admitted. It is undisputed that Defendant received completed responses to the requests on or a...

Excerpt: ...hanic's Lien is GRANTED. PETITIONERS ARE AWARDED ATTORNEY'S FEES OF $1,781.25. RELIEF SOUGHT: [X] Release of Mechanic's Lien - Per CC § 8480. [X] Attorneys' Fees and Costs - Per CC § 8488(c). [ ] Other: SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] Correct Manner of Service (Civ. Code 8486(b)) OK [X] 15/20 Day Lapse (Civ. Code 8486(b)) OK PETITION MUST CONTAIN: [X] Date of lien: Septembe...

Excerpt: ...DEFENDANT KYLE DARNELL WRIGHT IN THE AMOUNT OF $2,059.84 PRINCIPAL, $322.24 INTEREST, $360.00 COSTS AND $424.69 ATTORNEY'S FEES. 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 automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Def...

Excerpt: ... INTERPLEADER FUNDS ARE TO BE DISBURSED TO PLAINTIFF. 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 Defendants Eladia Madriles and Antonio Madriles pursuant to the terms of the arbitration award by order the interpleader funds...

Excerpt: ...[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 and common counts. RELIEF REQUESTED: Vacate dismissal of entire action due to Plaintiff's attorney's failure to appear on time for trial. OPPOSITION: Plaintiff did not act with diligence in bringing this motion and Defendant was not properly served. REPLY: None...

Excerpt: .... BY FEBRUARY 22, 2022, PETITIONER IS TO FILE PROOF OF SERVICE DEMONSTRATING SERVICE OF THE PETITION AND NOTICE OF HEARING. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) NO [X] Correct Address (CCP 1013, 1013a) OK SUMMARY OF PETITION: Petition for permanent injunction against Respondents with respect to violations of mobile home park rules. OPPOSITION: None...

Excerpt: ...ciation (“Plaintiff”) filed this action against Defendant Forest K. Balmain (“Defendant”) for enforcement of homeowner's association assessments. The Court granted Plaintiff's application for publication and 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 fil...

Excerpt: ...DURE SECTIONS 583.210 AND 583.250. ANALYSIS: Plaintiff / Judgment Creditor Lobel Financial Corporation (“Judgment Creditor”) filed the instant action against Defendant / Judgment Debtor Rogelio Flores (“Judgment Debtor”) on July 12, 2017. Following Judgment Debtor's failure to file a responsive pleading, default judgment was entered on November 8, 2007. The judgment was renewed on August 21, 2017. Notice of the renewal of judgment was ser...

Excerpt: ...CH CONTINUE TO ACCRUE AT $1.51 PER DAY THEREAFTER. COSTS TO BE RECOVERED BY MEMORANDUM OF COSTS. ANALYSIS: Petitioner Directors Guild of America, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondent Sino American Film Company Limited (“Respondent”). This action arises out the parties' dispute over residuals owed to employees represented by Petitioner for production of a theatrical mo...

Excerpt: ...E COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. Defendant Patrick Potao Lu's Motions to Compel Deposition and Request for Sanctions are GRANTED. PLAINTIFF HANS HERNANDEZ IS ORDERED TO APPEAR FOR VIDEO DEPOSITION ON JANUARY 13, 2022 AT 1:00 PM. PLAINTIFF HERNANDEZ AND COUNSEL OF RECORD ARE FURTHER ORDERED TO PAY SANCTIONS OF $380.34 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs Freddy James Tenorio, III (“Plaint...

Excerpt: ...nuel, Esq. (“Plaintiff”) filed the instant action against Defendants Chris Eskijian, Armen Eskijian and EIJ, Inc. dba Beverly Hills Watch Co. (“Defendant EIJ”) on August 26, 2021. On September 10, 2021, Plaintiff filed the First Amended Complaint solely against Defendant EIJ. Defendant EIJ filed the instant Demurrer to the First Amended Complaint on September 20, 2021. Plaintiff filed an opposition on October 7, 2021. On October 12, 2021,...

Excerpt: ...action against Defendant Betty T. Yee, Controller of the State of California (“Defendant”) on June 22, 2021. Plaintiffs bring this action under Code of Civil Procedure section 1541 to recover unclaimed property from their father's estate, which is now in Defendant's control. Defendant filed the instant Demurrer to the Complaint on September 7, 2021. Plaintiffs filed an opposition on October 5, 2021 and Defendant replied on October 8, 2021. Th...

Excerpt: ...ses, Inc. (“Plaintiff”) filed the instant action for breach of contract, fraud, unfair business practices, and related claims against Defendants Barco Solutions, Inc., Diego Fabian Barco Castillo (“Defendant Castillo”) and Intero Real Estate Services Downey on December 2, 2019. Following Defendant Castillo's failure to file a responsive pleading, the Court entered default on August 24, 2020 and default judgment on June 18, 2021. The remai...

Excerpt: ..., 2017 THAT CONTINUE TO ACCRUE IN THE AMOUNT OF $0.67 PER DAY THEREAFTER. COSTS TO BE RECOVERED BY MEMORANDUM OF COSTS. ANALYSIS: Petitioner Directors Guild of America, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents BYM PS, LLC, Cinelou Films, LLC and Cinelou Releasing, LLC (“Respondents”). This action arises out the parties' dispute over residuals owed to employees represente...

Excerpt: ...ndant Davoudi”). Defendants Nemanpour and Davoudi filed Answers on January 28, 2021; Defendant Rivas filed an Answer on March 1, 2021. On October 26, 2021, the Court granted Plaintiff's motion to compel Defendant Nemanpoour's responses to form interrogatories and request for monetary sanctions. (Minute Order, 10/26/21.) Plaintiff filed the instant Motion for Leave to File First Amended Complaint on November 29, 2021. No opposition has been file...

Excerpt: ...rchmont Village Investors, LP, Tho-Sey, Inc. and Sisato, Inc. (“Defendants”) on July 10, 2020. On June 21, 2021, the Court granted Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication. (Minute Order, 06/21/21.) Pursuant to that order, judgment was entered in Defendants' favor on June 22, 2021. Plaintiff filed an appeal of the judgment on July 22, 2021, which remains pending. Defendants filed the instant Motion ...

Excerpt: ...brogation against Defendants Leoncio Vazquez (“Defendant Vazquez”) and Alejandra Corona (“Defendant Corona”) on April 13, 2020. Defendant Vazquez filed an Answer on June 3, 2020. On June 7, 2021, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendant Vazquez. (Minute Order, 06/07/21.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant Vazquez on July 17, 2021. On Sept...

Excerpt: ...t Victor Lucero dba Blue Diamond Auto (“Defendant”). Default was entered against Defendant on September 17, 2018. On June 12, 2018, the Court denied Plaintiff's application for writ of attachment. On December 16, 2019, the Court signed into order the parties' stipulation to set aside the entry of default. Plaintiff's ex parte application for writ of attachment was previously scheduled for March 17, 2020 but taken off calendar following COVID-...

Excerpt: ...AYS PRIOR TO THE NEW HEARING DATE. FAILURE TO COMPLY WITH THE COURT'S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DISMISSED. ANALYSIS: Petitioners Law Offices of William P. Glavin, APC and William P. Glavin (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Ronald Kim (“Respondent”) on July 15, 2021. To date, no opposition has been filed. Legal Standard The Petition is brought pursuant to Cal...

Excerpt: ...inued to allow Petitioner's counsel time to submit some form of accounting for costs reasonably incurred herein. Therefore, the hearing for the Attorney fees and Costs is CONTINUED TO January 20, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: This is action arises from a mobilehome owner's allegations that its tenants have violated, and currently are violating, reasonable mobilehome park rules or regulations in breac...

Excerpt: ...on August 5, 2020. The Complaint alleges a single cause of action for Violation of the Unruh Civil Rights Act. On February 10, 2021, the Court overruled Defendants' Demurrer to the Complaint. Defendants filed an Answer on March 11, 2021. Plaintiff filed the instant Motion for Summary Judgment (“the Motion”) on August 18, 2021. Defendants filed an opposition on October 26, 2021 and Plaintiff replied on November 2, 2021. Discussion Plaintiff al...

Excerpt: ... instant interpleader action against Defendants Edna Luz Liquidano and Ana Carolina Pineda (“Defendants”) on August 31, 2020. Defendant Liquidano filed an Answer on May 26, 2021 and a Cross-Complaint on July 27, 2021. Defendant Pineda filed an Answer on August 17, 2021. On August 26, 2021, Defendants filed the instant Motion for Summary Adjudication. Plaintiff filed an opposition on October 25, 2021. Discussion Procedural Requirements A motio...

Excerpt: ...gation against Defendants Kaseem Stokes (“Defendant Stokes”) and Latasha Pierce (“Defendant Pierce”) on September 1, 2020. Defendant Pierce filed an Answer on October 28, 2020. To date, no proof of service of the Summons and Complaint has been filed with respect to, nor responsive pleading filed by, Defendant Stokes. On June 15, 2020, the Court granted Plaintiff's unopposed Motion to Deem Requests for Admission Admitted against Defendant ...

Excerpt: ...efendant”). Defendant filed a Cross-Complaint against Plaintiff on March 3, 2020. The case came for trial on May 4, 2021, at which time the Court dismissed the Cross-Complaint for lack of service and dismissed the Complaint for failure to file joint trial documents and be ready for trial. (Minute Order, 05/04/21.) Plaintiff filed the instant Motion to Vacate Dismissal on October 21, 2021. No opposition has been filed to date. Discussion Plainti...

Excerpt: ...ntiff filed the instant Motion for Summary Judgment (“the Motion”) on August 12, 2021. No opposition has been filed to date. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that Defendant owned Serenity Hair Salon (“the Salon”) in Sherman Oaks, California in March 2019 and owns the Salon currently. (Id. at ¶¶2-3.) Plaintiff allegedly visited the Salon on March 29, 20...

Excerpt: ...Tonya Miller (“Judgment Debtor”) on August 28, 2017. Judgment was entered against Judgment Debtor on the same date in the amount of $18,886.23. (Judgment, 08/28/17.) On May 11, 2021, Judgment Creditor filed the instant Motion for Assignment Order of commissions Judgment Debtor purportedly earns from Sony Pictures Entertainment, Inc. (“Sony”). The Motion initially came for hearing on September 8, 2021, at which time the Court found Judgmen...

Excerpt: ...ollection Practices Act, Cal. Civ. Code § 1788, et seq. and the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.25(a) against AFNI, Inc. (“Defendant”) on July 21, 2021. Defendant filed its Answer on August 23, 2021. Following Plaintiff's filing of a demurrer to the Answer, Defendant filed an Amended Answer to the Complaint on September 14, 2021. On September 24, 2021, Plaintiff filed the instant Demurrer to the Amen...

Excerpt: ...HERMEZIAN, A PROFESSIONAL LAW CORPORATION. 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 Corporation (“Defendant Ghermezian Corp.”). Plaintiff filed proofs of substitute service on November 2, 2020. On February...

Excerpt: ...HE COMPLAINT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff John Jenkins (“Plaintiff”) filed the instant action for claims related to his tenancy at 1209 1/2 S. Arlington Avenue, Los Angeles, CA 90019 (“the Premises”) against Defendants Rochelle Gleaton (erroneously sued as Rochelle Gleason) (“Defendant Gleaton”) and Brendon Roberts (“Defendant Roberts”) on July 16, 2021. On August 16, 2021, Defendants filed a declaration for a...

Excerpt: ...nd Moet Fawaz aka Mohammed Moet Fawaz (“Defendant Fawaz”). Proof of substitute service on Defendant Fawaz was filed on July 29, 2021. On August 25, 2021, Defendant Fawaz filed the instant Motion to Quash Service of the Summons and Complaint. Plaintiff filed an opposition on September 17, 2021. Discussion Defendant Fawaz moves to quash service of the Summons and Complaint on the grounds that the purported substitute service never took place. C...

Excerpt: ...the instant action for breach of contract and common counts against Defendants Ramon G. Barredo and Imelda S. Barredo, individually and as Trustees of the 2016 Barredo Family Living Trust on July 20, 2021. Ramon G. Barredo (“Cross-Complainant”) filed a Cross-Complaint on August 24, 2021 against PRC Restoration, Inc. (“Cross-Defendant PCR”) and State Farm General Insurance Company. The Cross-Complaint alleges causes of action for (1) conve...

Excerpt: ...ce Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Angel Javier Guzman (“Defendant”) on January 17, 2018. On November 12, 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 11/12/20.) The request for dismissal with retention of jurisdi...

Excerpt: ... on May 20, 2021. Defendant filed the instant Demurrer to the Complaint on July 2, 2021. Plaintiff filed an opposition on August 17, 2021. The Demurrer initially came for hearing on September 1, 2021, at which time the Court continued the matter for failure to include a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Minute Order, 09/01/21.) Defendant filed a meet and confer declaration on September 1, 2021, al...

Excerpt: ...fendant Hovik Khatchaturian, as an individual and as trustee of The Hovik Khatchaturian Separate Property Trust Dated July 27, 2016 (“Defendant”), on April 13, 2021. Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., ¶1.) He further alleges that on January 6, 2020, he visited “Broadway Bakery” located at 1128 E. Broadway, Glendale, California (“the Premises”). (Id. at...

Excerpt: ...NGS: Lawrence Drake (“Plaintiff”) purchased a 2016 Chevrolet Tahoe from General Motors, LLC (“Defendant”). Plaintiff alleges that, after he purchased the vehicle, the vehicle experienced multiple defects including, but not limited to, door handle failure, display issues, remote failure, abnormal noises, TSB-NA-259 for Remote Detection, mirrors system failure memory seat module malfunction, check engine light on at least two separate occas...

Excerpt: ...NTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT SERGIO RIVELINO QUINTANILLA IN THE AMOUNT OF $6,016.72 PRINCIPAL AND $60.00 COSTS. 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 automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against De...

Excerpt: ...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 and common counts. RELIEF REQUESTED: Vacate default against Defendant due attorney inadvertence in failing to timely file an Answer. Defense counsel started the filing process but inadvertently failed to complete it and was surprised to receive notice of the entry of default. OPPOSITION: If the ...

Excerpt: ...l Interrogatories and Request for Sanctions is GRANTED. DEFENDANT CHARLES SAN NICOLAS IS TO SERVE FURTHER RESPONSES TO THE INTERROGATORIES WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT CHARLES SAN NICOLAS IS ALSO ORDERED TO PAY SANCTIONS OF $260.00 TO PLAINTIFFS WITHIN 20 DAYS' SERVICE 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 �...

Excerpt: ...D JUDGMENT OF DISMISSAL TO BE FILED 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 SUMMARY OF COMPLAINT: Action for breach of retainer agreement. Cross-action for breach of contract, common counts and malpractice. MOTION: The Cross-Complaint is barred by the one-year statute of limitations. The Cross-Complaint was ...

Excerpt: ...0) 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. REQUEST FOR RELIEF: Grant Defendant leave to file compulsory cross-complaint on the grounds that the cross-claims arise from the same set of operative facts as the Complaint. Defendant did not act in bad faith when it failed to file the cross-complaint at the same time as the Answer. OPPOSITION: None fil...

Excerpt: ...) 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: Allow Plaintiff to file a First Amended Complaint to correct an error in the description of the accessibility violations. The Complaint incorrectly alleged that the non-compliant paths of travel were inside Defendant's gas station. Plaintiff's federal action against Defendants and the parties' negotiation...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...

Excerpt: ... Collision Repair of South Bay, Inc. RESP. PARTY: Defendants Western Heritage Insurance and West Coast Classics, LLC TENTATIVE RULING Plaintiff's motion granted in part and denied in part. Defendant's motion granted in part and denied in part. Defendants Western Heritage Insurance and West Coast Classics, LLC are ordered to produce the documents sought in Request for Production of Documents, Nos. 7-8, except for WH's correspondence with its attor...

Excerpt: ...SITION: Filed on June 29, 2021 [ ] Late [ ] None REPLY: Filed on July 19, 2021 [ ] Late [ ] None ANALYSIS: I. Background On December 21, 2020, Plaintiff Orlando Garcia (“Plaintiff”) filed an action against Donel Investments, LLC (“Donel”) and HG Tobacco Mart, Inc. (“HG Tobacco”). Defendant Donel filed an Answer on March 10, 2021. Defendant HG Tobacco filed the instant Motion to Strike Plaintiff's Complaint (the “Motion”) on Februa...

Excerpt: ...rez Tapia filed the instant action for motor vehicle negligence against Defendant Vanessa Marie Montano Ventura (“Defendant”) on February 25, 2019. Tapia was dismissed from the action on December 3, 2020. On January 12, 2021, the Court granted Defendant's motion to compel Plaintiff's responses to request for production of documents. (Minute Order, 01/12/21.) The Court ordered Plaintiff to serve responses to the discovery and pay monetary sanc...

Excerpt: ... Anthony Robinson (“Defendants”) on November 19, 2020. Following the filing of Defendants' Demurrer to the Complaint, Plaintiff filed the First Amended Complaint on April 13, 2021. Defendant filed the instant Demurrer to the First Amended Complaint on July 13, 2021. Plaintiff filed an opposition on July 19, 2021. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Dem...