Excerpt: ...s causes of action for (1) violation of the Rosenthal Act; (2) breach of contract; and (3) violation of Civil Code section 1950.5. On February 24, 2021, the Court granted Plaintiff's Motion for Summary Adjudication of the breach of contract cause of action. The parties filed a notice of settlement on October 20, 2021 and the Court set an OSC re dismissal for April 27, 2022. Plaintiff filed the instant Motion for Attorney's Fees on November 15, 20...

Excerpt: ...00 COSTS. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Keara Camille Phipps (“Defendant”) on January 2, 2015. On September 4, 2015, 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 t...

Excerpt: ...L. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $1,431.45 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff filed the instant action as a limited jurisdiction case against Defendant and Amityville Holdings, Inc. on February 13, 2019. Amityville Holdings, Inc. was subsequently dismissed from this action. Plaintiff filed the instant Motion to Compel Production of Documents and Appearance at Deposition; Issuance o...

Excerpt: .... An Amended Summons on the Complaint was filed on September 23, 2021 after the original Summons was rejected for filing. Defendant filed the instant “Demurrer to the Amended Complaint” on December 17, 2021. However, there is no “Amended Complaint” filed, only the Amended Summons on the Complaint. The Court, therefore, will consider the Demurrer to be against the Complaint. No opposition has been filed to date. Discussion The Court finds ...

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...