Excerpt: ...INTIFF IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ANALYSIS: Plaintiff Noah N., by and through his Guardian Ad Litem Nonyelum Nwuwa (“Plaintiff”) filed the instant action for personal injuries against Defendant Leap and Bound Child Development Center (“Defendant”) on September 15, 2020. The Complaint alleges causes of action for various types of negligence. Plaintiff filed the instant Motion to Reclassify Action on June 23, 2...

Excerpt: ...s, Set One, and for Monetary Sanctions are GRANTED. DEFENDANT JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC. IS TO SERVE VERIFIED RESPONSES TO THE SPECIAL INTERROGATORIES WITHOUT OBJECTION WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC. IS ALSO ORDERED TO PAY SANCTIONS OF $310.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. THE COURT MAKES NO ORDER ON PLAINTIFF'S REQUEST TO COMP...

Excerpt: ...young Oh, Rebekah Rife, and Jeffrey Young (“Plaintiffs”) filed the instant action for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”) against Defendant FF Properties II, L.P. (“Defendant”) on November 13, 2020. Plaintiff filed a First Amended Complaint on December 17, 2020. On March 2, 2021, Defendant filed the instant Motion to Strike Portions of the First Amended Complaint. Plaintiffs filed an opposition on ...

Excerpt: ...mithee and Michael Yanez (“Plaintiffs”) filed the instant action for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”) against Defendant FF Properties II, L.P. (“Defendant”) on November 12, 2020. Plaintiff filed a First Amended Complaint on December 17, 2020. On March 2, 2021, Defendant filed the instant Motion to Strike Portions of the First Amended Complaint. Plaintiffs filed an opposition on July 16, 2021. De...

Excerpt: ...instant Demurrer to the Complaint on July 2, 2021. Plaintiff filed an opposition on July 9, 2021 and Defendant replied on July 21, 2021. 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, Flynn Decl., ¶¶3-9 and Exh. B.) Defendant demurs to the sole cause of action of the Complaint for failure to allege facts to state a cause of action. (C...

Excerpt: ...and Barbara Jones (“Defendants”) on August 24, 2017. On August 7, 2018, Plaintiff filed a copy of its settlement agreement with Defendants with a request for dismissal of the action and the Court to retain jurisdiction under Code of Civil Procedure section 664.4. The Court dismissed the action pursuant to the stipulation on the same date. (Minute Order, 08/07/18.) On February 4, 2021, Plaintiff filed the instant Motion to Vacate Dismissal, En...

Excerpt: ...EPOSITION AT A DATE AND TIME DETERMINED BY PLAINTIFF'S COUNSEL, WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT IS TO PAY SANCTIONS OF $1,159.10 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On June 12, 2017, Plaintiff Katherine Torres (“Plaintiff”) filed the instant action for violation of the Consumer Legal Remedies Act, fraudulent misrepresentation, negligent misrepresentation, violation of Cal. Bus. & Profs. Code §...

Excerpt: ...was designated a collections case and assigned to the Chatsworth Courthouse. On February 9, 2017, Defendant filed an Answer to the Complaint in pro per. Both parties appeared for the original trial date on February 9, 2018, which was then continued to April 17, 2018. On April 16, 2018, Defendant filed a trial brief and the trial was again continued to August 15, 2018. The trial was continued several more times until July 24, 2019, at which time t...

Excerpt: ... OF THIS ORDER. ANALYSIS: Pro Se Plaintiff Nicole Jackson (“Plaintiff”) filed the Complaint in this action for intentional tort and general negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) on July 22, 2020. Proof of service of the Summons and Complaint was not filed until February 22, 2021. On April 27, 2021, the Court sustained Defendant's Demurrer to the Complaint with leave to amend an...

Excerpt: ... DAYS' OF THIS ORDER. ANALYSIS: Plaintiff Atkinson-Baker, Inc. (“Plaintiff”) filed the instant action for breach of oral contract for court reporting services and common counts against Defendant Un Hui F. Nam dba Law Offices of Dr. Un Hui Nam (“Defendant”) on August 17, 2020. Defendant filed the instant Motion to Transfer Action and for Award of Attorney's Fees (“the Motion”) on November 30, 2020. The Motion initially came for hearing...

Excerpt: ...013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on July 7, 2021 [ ] Late [ ] None REPLY: None filed as of July 15, 2021 [ ] Late [X] None ANALYSIS: I. Background On May 8, 2019, Plaintiff Bolun Allen Deng (“Plaintiff”) filed a Complaint for rescission of contract and money had and received against Defendants JSL Plaza Puente Hills, LLC (“JSL”), JTNA Management, Inc. (“JTNA”), and Joseph Liu (“...

Excerpt: ...each contract, breach of guaranty and common counts against Defendants A Top Line Charter, LLC and Didar Singh (“Defendants”) on December 22, 2020. In response to the Complaint, Defendants filed the instant Motion to Compel Arbitration and Stay Action. No opposition to the Motion has been filed to date. Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy...

Excerpt: ... (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on December 28, 2020 [ ] Late [ ] None REPLY: None filed as of July 15, 2021 [ ] Late [X] None ANALYSIS: I. Background On January 13, 2020, Plaintiff Law Firm of Harold Greenberg (“Plaintiff”) filed an action for breach of contract and common counts against Defendant David Shenky (“Defendant”). Following Defendant's failure to respond to th...

Excerpt: ...ing Pacific Credit Exchange (“Judgment Assignee”) as the judgment assignee. The judgment was renewed on July 23, 2020 and the Notice of Renewal of Judgment was served on Defendant on December 10, 2020. (Proof of Service, filed 01/27/21.) Defendant filed the instant Motion to Vacate Default (“the Motion”) on April 26, 2021. No opposition has been filed to date. Discussion Defendant moves to vacate the judgment entered against him pursuant ...

Excerpt: ...6, 2020. Following Defendant Robinson's failure to file a responsive pleading, the Court entered his default on December 11, 2020 and default judgment on January 26, 2021. Defendant Robinson filed the instant Motion to Vacate Default and Default Judgment on June 11, 2021. Plaintiff filed an opposition on July 8, 2021. The Court will not consider the opposition, which is grossly untimely, unless Defendant Robinson waives the defective service. The...

Excerpt: ...20.) On April 19, 2006, Plaintiff filed a Certificate of Costs in the amount of $14,091.28 and in an order entered on June 27, 2006, the Supreme Court of California, en banc, accepted the Review Department's recommendation. (Id. at Exh. B.) On February 5, 2016, Plaintiff The State Bar of California (“Plaintiff”) filed the instant action for Request for Entry of Judgment against Defendant Alan Schuchman (“Defendant”). Judgment was entered ...

Excerpt: ...Deliver Certificate of Ownership. The action pertains to the sale of a used 2015 Chevrolet Silverado 1500 (“the Vehicle”). On October 13, 2020, the Court sustained Defendant's demurrer to the Complaint with leave to amend. (Minute Order, 10/13/20.) Plaintiff filed the First Amended Complaint on November 2, 2020. The First Amended Complaint added causes of action as follows: (1) Negligence Per Se, Violation of Veh. Code § 4456; (2) Negligence...

Excerpt: ... FROM ORDER DENYING MOTION FOR ATTORNEY'S FEES AND COSTS AND GRANTING MOTION TO TAX COSTS (CCP § 473(b)) TENTATIVE RULING: Petitioner Merle's Manor II, LLC's Motion For Relief From Order Denying Motion For Award Of Attorney's Fees And Costs As Untimely, And Granting Motion To Tax Costs is GRANTED. Petitioner is awarded $7,621.50 in attorney fees and $839.11 in costs. Respondent is awarded fees of $2,500.00 under Code of Civil Procedure section 4...

Excerpt: ...ERVE CODE- COMPLIANT RESPONSES WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. Defendant Los Angeles County Metropolitan Transit Authority's Motion for Order Compelling Plaintiff Nicole Jackson's Further Responses to Request for Production of Documents, Set One is GRANTED. PLAINTIFF IS TO SERVE CODE- COMPLIANT RESPONSES WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. THE COURT MAKES NO ORDER REGARDING THE REQUEST TO COMPEL FURTHER RESPONSES TO FORM INT...

Excerpt: ... and Complaint has been filed for either Defendant, but Defendant Uber answered on September 27, 2019. On September 2, 2020, Plaintiff filed a substitution of attorney with new counsel. The Court's denied Plaintiff's ex parte application to reclassify the action to a court of limited jurisdiction on December 4, 2020. On January 28, 2021, Plaintiff filed the instant motion to reclassify. Defendant Uber filed an opposition on June 18, 2021. Discuss...

Excerpt: ... Joyner aka Stephen Dwayne Joyner, Jr aka Steven Joyner (“Defendant”), based on purported breach of an indemnity agreement signed pursuant to the issuance of Contractors License Bond, No. 100210692. (Compl., ¶¶3-8 and Exh. A.) The Bond was issued to S Joyner Electric as principal. (Id. at ¶5.) Defendant filed an Answer to the Complaint on November 10, 2020. On April 8, 2021, Plaintiff filed the instant Motion for Summary Judgment, or in th...

Excerpt: ...ant's ex parte application, the January 4, 2018 trial date was continued to May 29, 2019. On May 4, 2018, the Court granted Defendant's motion for leave to file an amended Answer and Cross-Complaint. The parties then stipulated to continue the trial date to August 15, 2018, for which Defendant filed a trial brief on August 10, 2018. Trial was then continued multiple times and on July 24, 2019, the case was transferred to the limited jurisdiction ...

Excerpt: ...r 23, 2019. Proof of substitute service of the Summons and Complaint was not filed until February 23, 2021, along with a request for entry of default. The Court entered default against Defendant on the same date. Additionally, the Court vacated the trial date and set an Order to Show Cause Re: Entry of Default Judgment or Dismissal for June 23, 2021. (Minute Order, 04/21/21.) Defendant filed the instant Motion to Vacate Default (“the Motion”)...

Excerpt: ...LC dba The Executive Co., The Executive Cut and Shave, LLC (collectively, “Defendant The Executive”) and John Carnevali (“Defendant Carnevali”) on February 2, 2021. Plaintiff filed the First Amended Complaint on February 11, 2021. Defendant Carnevali filed an Answer on April 20, 2021. Plaintiff filed the instant Demurrer to the 37th Affirmative Defense of Defendant Carnevali's Answer on May 21, 2021. Defendant Carnevali filed an oppositio...

Excerpt: ...2 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Westlake Services, LLC (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants T&A Elite Auto Sale, LLC (“Defendant T&A”) and Azzam Ishak (“Defendant Ishak”) on October 30, 2018. On April 10, 2020, Plaintiff dismissed Defendant T&A from the action. Following Defendant Ishak's failure to file a responsive pleadi...

Excerpt: ...��the Unruh Act”) against Defendants Larchmont Village Investors, LP, Tho-Sey, Inc. and Sisato, Inc. (“Defendants”) on July 10, 2020. Defendants filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“the Motion”) on April 2, 2021. Plaintiff filed an opposition on June 7, 2021 and Defendants replied on June 14, 2021. The opposition was untimely served by overnight express only 14 days prior to the he...

Excerpt: ...ITIONERS TO FILE AND SERVE PROPOSED JUDGMENT WITHIN TEN (10) DAYS' SERVICE OF THE ORDER. ANALYSIS: On December 21, 2020, an arbitrator issued an Arbitration Award in favor of Petitioners Li Yao and Seven Star Int'l Development & Construction, Inc. (“Petitioners”) and against Respondent Daphne Ouyang (“Respondent”). On February 11, 2021, Petitioners filed the instant Petition to Confirm Arbitration Award (the “Petition”). Respondent fi...

Excerpt: ...“Defendant”) on November 3, 2017. On February 28, 2020, Plaintiff filed a Notice of Settlement. On March 26, 2020, Plaintiff dismissed the action pursuant to the Court's retention of jurisdiction under Code of Civil Procedure section 664.6. On July 8, 2020, Plaintiff filed its first “Request to Set Aside Dismissal and Enter Judgment Pursuant to Stipulated Judgment” on the grounds that Defendant has failed to fulfill his obligations under ...

Excerpt: ...n (“Petitioner”). On October 3, 2019, Petitioner filed this action by a Petition to Vacate Arbitration Award (“the Petition to Vacate”). On January 7, 2020, Respondent filed a responsive Petition to Confirm Arbitration Award (“the Petition to Confirm”). On September 21, 2020, the Court denied the Petition to Vacate and granted the Petition to Confirm. (Minute Order, 09/21/20.) The Court entered judgment in Petitioner's favor on Septem...

Excerpt: ...t action for breach of contract against Defendants US Nissi Auto Sales LLC and Ronaldo Lopez (“Defendant Lopez”) on May 31, 2018. On August 19, 2020 and October 21, 2020, the Court granted Plaintiff's motions to compel Defendant Lopez's responses to written discovery and for an award of sanctions. (Minute Orders, 08/19/20 and 10/21/20.) The responses were to be served within 20 days' notice of the order and sanctions were to be paid within 30...

Excerpt: ...each of contract and breach of the implied covenant of good faith and fair dealing against Defendants Progressive Insurance Company (“Defendant Progressive”) and Kari N. Houser (“Defendant Houser”) on March 5, 2020. Defendants filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on March 30, 2021. Plaintiff filed an opposition on June 1, 2021. The opposition was untimely served by electronic mail on ...

Excerpt: ...HEREBY DISMISSES PLAINTIFFS' COMPLAINT WITH PREJUDICE. THE REQUESTS FOR MONETARY SANCTIONS ARE DENIED. DEFENDANTS ARE TO FILE A PROPOSED JUDGMENT WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs Rosa Maria Munoz-Castro, Hector Manuel Munoz and Paola Abigail Cardona (collectively, “Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Cole Benjamin Myers and Corporation of the President of the C...

Excerpt: ...laintiff”) filed the instant action for breach of contract and common counts against Defendant BaronHR, LLC. (“Defendant”) October 26, 2020. On March 4, 2021, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted Against Defendant and Request for Monetary Sanctions. (Minute Order, 03/04/21.) Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on March 16, 2021. No oppos...

Excerpt: ...Complaint in this action against Defendant Gary D. Gude (“Defendant”). The Complaint alleges causes of action for (1) “civil rights”; (2) battery; and (3) intentional tort. The Complaint also seeks an award of exemplary damages. Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on February 19, 2021. On April 1, 2021, Defendant filed a reply that makes reference to an opposition, however, no oppositio...

Excerpt: ...S ORDER. ANALYSIS: On July 2, 2019, an arbitrator issued an Arbitration Award in favor of Cameron Weiss (“Petitioner”) and against Derrick Willies (“Respondent”). On September 9, 2019, Petitioner filed the instant Petition to Confirm Arbitration 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. (Minute Order, 01/13/20.) ...

Excerpt: ...500.00 IN ARBITRATION FEES. 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 Winning Season, LLC (“Respondent”). This action arises out the parties' dispute over compensation owed to Petitioner's employees for production of the theatrical motion picture entitled “The Winning Season.�...

Excerpt: ...D COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $690.40 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. Defendant Miguel Garcia-Sanchez's Motion to Compel Plaintiff Cynthia L. Suarez's Attendance at Deposition and Request for Sanctions is GRANTED. PLAINTIFFS CYNTHIA L. SUAREZ IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF CY...

Excerpt: ...HIRD AND FOURTH CAUSES OF ACTION. Defendant Nancy Nelson's Motion to Strike Portions of the First Amended Complaint is DEEMED MOOT. Defendant Joseph Bendix's Motion to Strike Portions of the First Amended Complaint is DENIED. Plaintiff Giavanna Whited may filed a Second Amended Complaint in accordance with this ruling within 20 days' service of the order. ANALYSIS: On December 10, 2020, Plaintiff Giavanna Whited (“Plaintiff”) filed the Compla...

Excerpt: ...l Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jose Velasquez (“Defendant”) on December 8, 2017. On August 19, 2020, Plaintiff file 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 30, 2...

Excerpt: ... dates in this Department, including Defendant CCC Woodland Hills, Inc.'s Motion for Summary Judgment, are vacated and to be rescheduled in the new department. ANALYSIS: Plaintiff Diane Davis (“Plaintiff”) filed the instant action for violation of the Unruh Civil Rights Act (“the Unruh Act”) against Defendant CCC Woodland Hills, Inc. (erroneously sued as California Chicken Café) (“Defendant”) on March 5, 2020. The First Amended Compl...

Excerpt: ...t filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“the Motion”) on March 10, 2021. Plaintiff filed an opposition on April 19, 2021. Legal Standard A defendant seeking summary judgment must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff is under...

Excerpt: ... ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Julia Delgadillo (“Defendant”) on May 2, 2018. On October 23, 2019, Plaintiff filed a Notice of Settlement. On December 27, 2019, Plaintiff filed a copy of the parties' stipulated settlement agreement with a request to dismiss the action pursuant to Code of Civil Procedure section 664.6. T...

Excerpt: ...Mohammad Bhola and Jane Doe Bhola, whose true name is Malika Bhola (“Judgment Debtors”) on January 17, 2019. The Court entered judgment in the total amount of $5,996.18 the same day. On March 4, 2020, the Court granted Judgment Creditor's motion to amend the judgment to reflect the correct amount of attorney's fees and costs awarded in the Sister State judgment. The amended judgment was signed on September 24, 2020. Judgment Creditor filed th...

Excerpt: ...August 13, 2020. When Defendant failed to respond to the Complaint, Plaintiff obtained entry of default on October 14, 2020. Following the parties' stipulation to set aside the entry of default, Defendant filed the instant Demurrer to the Complaint on April 13, 2021. Plaintiff filed an opposition on May 13, 2021. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurre...

Excerpt: ...Respondent Delmy Jovel (“Respondent”) on January 8, 2021. 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 vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Per Code of Civ...

Excerpt: ...D ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $472.00 TO DEFENSE COUNSEL. ANALYSIS: Plaintiff Katrina McKinney (“Plaintiff”) filed the instant action for premises liability against Defendant Five Below, Inc. (“Defendant”) on March 30, 2020. On July 21, 2020, the case was reassigned from an unlimited jurisdiction court to the limited jurisdiction court. (Minute Order, 07/21/20.) On March 11, 2021, the Court granted Defendant's mo...

Excerpt: ... August 6, 2018. Following Defendant's default, the Court entered default judgment against Defendant on October 31, 2019. On August 24, 2020, Plaintiff filed its first memorandum of costs after judgment. Plaintiff filed an application for judgment debtor examination, which was continued from October 27, 2020 to March 1, 2021. Upon Defendant's filing of a claim of exemption, the Court partly granted Defendant's claim on January 14, 2021. (Minute O...

Excerpt: ...��Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Gizzelle Andrea Becerra and Beartha Deanda Becerra (“Defendants”) on September 25, 2019. On February 2, 2021, the Court granted Defendants' motion to compel Plaintiff's responses to form interrogatories, set two, and award monetary sanctions. (Minute Order, 02/02/21.) Defendant filed the instant Motion for Terminating Sanctions and Monetary Sanctions on A...

Excerpt: ...WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER ANALYSIS: Petitioner GEICO Indemnity Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Allstate Indemnity Company (“Respondent”) on November 12, 2020. At the initial hearing on March 18, 2021, the matter was continued to provide for proper service of the Petition. To date, no opposition has been filed. Legal Standard Per Code of Civil Procedure section 1285, ...

Excerpt: ...-ARBITRATION STATUS CONFERENCE IS SET FOR NOVEMBER 20, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff The Law Offices of Larry H. Parker, Inc. (“Plaintiff”) filed the instant action for breach of retainer agreement and common counts against Defendants Israel Rendon and Karla Casillas on October 30, 2020. Following their failure to respond, the Court entered default against Defendants on March 18, 2021. ...

Excerpt: ...fendant Pedro Candelario Arzu is filed stamped February 11, 2020. Defendant was personally served with the Complaint on February 21, 2021. (Proof of Service, filed 03/24/21, ¶5.) On April 19, 2021, Defendant filed the instant Demurrer to the Complaint. Plaintiffs filed an opposition on May 6, 2021 and Defendant replied on May 12, 2021. Discussion Defendant's Meet and Confer Effort Concurrent with the filing of the Demurrer, Defendant filed a Dec...

Excerpt: ... December 5, 2017. Plaintiff filed the instant Motion for Summary Judgment on December 26, 2018. Defendant filed an opposition on February 26, 2019. On February 27, 2019, the trial court vacated the hearing date on the Motion. On June 6, 2019, the action was transferred to the limited jurisdiction court, Department 94, in the Stanley Mosk Courthouse. The action was then transferred to Department 26 of the Spring Street Courthouse on November 30, ...

Excerpt: ...breach of contract and breach of the covenant of good faith and fair dealing against Defendants Anthony Hames (“Defendant Hames”) and Felton Buckholtz (“Defendant Buckholtz”) (collectively, “Defendants”) on October 16, 2019. On February 14, 2020, Plaintiff filed a Motion to Compel Responses to Demand for Inspection and Form Interrogatories (“the Motion to Compel”). The Motion to Compel was initially set for hearing on March 19, 20...

Excerpt: ...ENDANTS ARE TO FILE A MEET AND CONFER DECLARATION DEMONSTRATING COMPLIANCE WITH CODE OF CIVIL PROCEDURE SECTIONS 430.41 AND 435.5. FAILURE TO DO SO MAY RESULT IN THE DEMURRER AND MOTION TO STRIKE BEING PLACEDANALYSIS: On January 11, 2021, Plaintiff American Health Capital d/b/a American Healthcare Capital (“Plaintiff”) filed the Complaint in this action against Defendants Spotlight Group Agency (“Defendant SGA”), Susan Douglas and Candis ...

Excerpt: ...TION PURSUANT TO CAL. RULES OF COURT, RULE 3.1702. RESPONDENTS ARE TO FILE A PROPOSED JUDGMENT WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: On November 3, 2020, Petitioner Greentek Construction, Inc. (“Petitioner”) filed the instant Petition to Correct Arbitration Award against Respondents Joseph Correa and Margaret Correa (“Respondents”). Respondents filed a response to the Petition on December 14, 2020 and Petitioner filed a r...

Excerpt: ...nel Patterson (“Plaintiff Patterson”) filed the instant action for motor vehicle negligence against Defendant Sonia Garcia (“Defendant”) on September 15, 2017. On September 10, 2019, the Court granted Defendant's motions to compel Plaintiff Patterson's responses to supplemental interrogatories and request for production of documents. (Minute Order, 09/10/19.) Defendant filed the instant Motion for Terminating Sanctions and Monetary Sancti...

Excerpt: ... 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 a Motion to Vacate Sister State Judgment (“the Motion to Vacate”), which came for hearing on October 23, 2019. At the initial hearing, the Court continued the matter upon finding that the Motion to Vacate was improperly served on Judgment Creditor in violation ...

Excerpt: ...��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 August 18, 2020, Defendant Zee Law's Motion for Judgment on the Pleadings came for hearing. The Court took the matter under submission and issued a ruling granting Defendant Zee Law judgment on the pleadings without leave ...

Excerpt: ...019, the Court overruled Defendant's demurrer to the Complaint. On the same date, the case was reassigned from Department 43 of the Chatsworth Courthouse to the Department 94 of the Stanley Mosk Courthouse. On April 29, 2019, Defendant filed an Answer to the Complaint. On January 27, 2021, Defendant filed a Motion for Leave to File Amended Answer, which came for hearing on April 14, 2021. The Court continued the hearing to May 11, 2021 to allow P...

Excerpt: ... (“Defendant”) on September 18, 2018. On April 29, 2019, Defendant filed an Answer to the Complaint. On January 27, 2021, Defendant filed the instant Motion for Leave to File Amended Answer (the “Motion”). The Motion initially came for hearing on April 14, 2021 at which time the Court was inclined to grant leave to amend. (Minute Order, 04/14/21.) However, the Court instructed Defendant to file a declaration in compliance with California ...

Excerpt: .... (“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, and negligence. Defendant/Cross Complaina...

Excerpt: ...TO AMEND AS TO PARAGRAPHS 32, 33, 43 AND 63 OF THE FIRST AMENDED COMPLAINT AND DENIED AS TO PARAGRAPH 44. DEFENDANT ESSEX PROPERTY TRUST, INC. IS TO FILE AN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. Defendant Essex Property Trust, Inc.'s Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE FIRST AND FIFTH CAUSES OF ACTION, AND OVERRULED AS TO THE SECOND CAUSE OF ACTION. Def...

Excerpt: ...Soko (U.S.A.), Inc. (“Defendant Mitsui-Soko”) on June 6, 2018. The case was originally filed in an unlimited jurisdiction court. Plaintiff filed a First Amended Complaint on August 3, 2018. On September 28, 2018, Defendant TMX filed a Cross-Complaint against Plaintiff for breach of contract, conversion and negligence. Plaintiff dismissed Defendant Mitsui-Soko on February 28, 2019. On January 7, 2021, the case was reclassified to the limited j...

Excerpt: ...“Plaintiff”) filed the instant action against Defendant Ford Motor Company (“Defendant”). Plaintiff filed the operative Third Amended Complaint on September 5, 2019. The Third Amended Complaint broadly alleges that Plaintiff owned 1996 and 1999 Ford Rangers, both of which caught fire under the hood and were destroyed. (TAC, p. 2:8-10.) Plaintiff alleges he believes the fires were the result of a manufacturing or design defect. (Id. at p. ...

Excerpt: ...020, the Court found Petitioners had failed to demonstrate proper service of the Petition, Notice of Hearing, or Arbitration Award. (Minute Order, 10/07/20.) The Court continued the hearing to allow Petitioners to demonstrate service of the papers as required by law. Petitioners filed a proof of service by mail on December 17, 2020. At the second hearing on January 13, 2021, the Court again found service had not been properly effectuated. The hea...

Excerpt: ...t Gilbert (“Cross- Defendant”). Cross-Complainant then filed the First Amended Cross-Complaint on January 28, 2021. On March 11, 2021, Cross-Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the First Amended Cross-Complaint. Cross-Complainant filed oppositions on April 23, 2021 and Cross- Defendant replied on April 28, 2021. Discussion The Court finds there are procedural issues that should be addressed prior to ruli...

Excerpt: ...anley Henry, Gaynelle Henry, Melville Apartments, and the Henry Family Trust (collectively, “Defendants”). Plaintiff filed a Second Amended Complaint on March 16, 2020 alleging causes of action for (1) conversion; (2) intentional misrepresentation; (3) violation of Cal. Civil Code § 1950.05, et seq.; (4) breach of implied covenant of good faith and fair dealing; and (5) negligent infliction of emotional distress. On August 10, 2020, the Cour...

Excerpt: ...ROPER MATTER. ANALYSIS: On April 16, 2020, Plaintiff Alan Blake Eliel (“Plaintiff”) filed the Complaint in this action against Defendant Ronald Stein (“Defendant'). Following the filing of Defendant's demurrer to and motion to strike the Complaint, Plaintiff filed the First Amended Complaint on March 24, 2021. The First Amended Complaint alleges causes of action for: (1) negligence; (2) strict liability based on common law; (3) strict liabi...

Excerpt: ...e 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 “Cross-Defendants”). On August 27, 2020, the Court sustained Cross-Defendants' demurr...

Excerpt: ... CENTRAL REGISTRATION DEPOSITORY (“CRD”) FOR PETITIONER ISIDRO MIRAMONTES. PETITIONER IS TO FILE A PROPOSED ORDER CONFIRMING THE ARBITRATION AWARD WITHIN TEN (10) DAYS' SERVICE OF THIS ORDER. ANALYSIS: Petitioner Isidro Miramontes (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Morgan Stanley & Co., LLC (“Respondent Morgan Stanley”) and Financial Industry Regulatory Authority ...

Excerpt: ...LYSIS: On January 12, 2021, Plaintiff Pyro-Comm Systems, Inc. (“Plaintiff”) filed the instant action for (1) breach of contract; (2) work, labor and materials/agreed price; (3) open-book account; (4) account stated; (5) reasonable value/work labor and services; and (6) foreclosure of mechanic's lien against Defendants JSK Tech, Inc. dba KSJ Design Build (“Defendant JSK”), Jane Woo aka Jae Woo (“Defendant Woo”) and PCH Property, LLC (�...

Excerpt: ...A FIRST AMENDED COMPLAINT WITHIN 20 DAYS' SERVICE OF THIS ORDER. Defendant Los Angeles Metropolitan Transportation Authority's Motion to Strike Portions of the Complaint is PLACED OFF CALENDAR. ANALYSIS: Plaintiff Nicole Jackson (“Plaintiff”) filed the Complaint in this action for intentional tort and general negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) on July 22, 2020. Proof of serv...

Excerpt: ...TTORNEY'S FEES AND COSTS IS DENIED. THE REQUEST FOR INTEREST IS GRANTED AT A RATE OF TEN (10) PERCENT PER ANNUM FROM MARCH 4, 2018. ANALYSIS: On August 7, 2018, Plaintiffs Aleksandr Zeltser and Yelena Zeltser (collectively “Plaintiffs”) filed the instant action against Defendant We 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 deal...

Excerpt: ...r breach of contract against Defendant Corey Cofield (“Defendant”). Defendant filed a demurrer on March 4, 2021 and an Amended Notice of Demurrer and Demurrer on March 10, 2021. No opposition has been filed to date. 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, Ibisi Decl., ¶3 and Exh. B.) Defense counsel sent Plaintiff a meet and...

Excerpt: ... Sanctions is CONTINUED TO MAY 18, 2021 AT __10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST TEN (10) COURT DAYS PRIOR TO THE HEARING, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL BRIEFING REGARDING THE OUTSTANDING DISCOVERY REQUESTS. NO FURTHER BRIEFING IS PERMITTED. ANALYSIS: Plaintiff Simeon Thompson (“Plaintiff”) filed the instant action for breach of contract and breach of the covenant of good faith and fair dealing ag...

Excerpt: ...MBER 1, 2019. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Atapana Faliu (“Defendant”) on February 13, 2019. On December 23, 2019, 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 request for dismissal with retention ...

Excerpt: ... 20 DAYS' SERVICE OF THIS ORDER ANALYSIS: On January 6, 2021, Plaintiff Cesar Heras (“Plaintiff”) filed the Complaint in this action against Defendant Glenn Building Services, Inc. (“Defendant”). The Complaint alleges causes of action for (1) Employment Discrimination in Violation of the California Fair Employment and Housing Act and Government Code § 12940(a) (disparate treatment); (2) Employment Discrimination in Violation of Governmen...

Excerpt: ...r”) and against Paul Bickenbach (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2020. Petitioner filed a proof of service of the Summons, Petition and Notice of Hearing on October 20, 2020 (this was refiled on November 23, 2020). The Petition initially came for hearing on October 26, 2020, at which time the Court continued the matter to January 25, 2021. Prior to the new he...

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