Excerpt: ...egardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. S...

Excerpt: ... Form Interrogatories (Set One). On July 31, 2023, Defendants filed this motion to compel Plaintiff's responses to Form Interrogatories (Set One) and request for sanctions. II. Legal Standard If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) ...

Excerpt: ...failed to respond. On February 21, 2023, Defendant returned possession of the premises to Plaintiff. On March 23, 2023, the Court granted Plaintiff's Motion to Deem Requests for Admissions Admitted and all of the Request for Admissions against Defendant were deemed admitted. On April 20, 2023, Plaintiff filed the instant Motion for Summary Judgment for monetary damages. II. Legal Standard Burdens on Summary Judgment Summary judgment is proper “...

Excerpt: ... the Court granted McCool's Motion for Leave to File Cross-Complaint. The Cross- Complaint was filed on April 22, 2021, against Cross-Defendants MFC and Interinsurance Exchange of the Automobile Club (“Interinsurance Exchange”) for breach of written contract, breach of the implied covenant of good faith and fair dealing, conversion, negligence, and negligent hiring, retention, and supervision. On July 26, 2021, based on McCool's request, the ...

Excerpt: ...es talked and multiple extensions were granted, with responses being ultimately due on May 10, 2023. (Espinosa Decl., ¶ 3.) On May 10, 2023, Defendant served unverified responses. (Espinosa Decl., ¶ 4; Exh. B.) On June 6, 2023, Plaintiff sent a meet and confer letter in an attempt to get verified responses. (Espinosa Decl., ¶ 5; Exh. C.) An extension was granted making responses due on July 5, 2023. (Espinosa Decl., ¶ 6.) On August 31, 2023, ...

Excerpt: ...g on August 18, 2023, via personal service. (9/25/2023 Proof of Personal Service.) No response has been filed. II.Legal Standard The Mobilehome Residency Law (“MRL”) gives management an injunctive relief remedy for violations of “reasonable” park rules and regulations. (Civ. Code, § 798.88.) Specifically, management may obtain a restraining order against a continuing or recurring violation of any “reasonable rule or regulation.” (Civ...

Excerpt: ... 3 .) Defendant did not timely file an Answer to Plaintiff's Complaint. On May17, 2023, Plaintiff sought, and the Court entered its Request for Entry of Default as to the Defendant. (Garan Decl., ¶¶ 4, 5.) On or about May 25, 2023, Plaintiff submitted its Default Judgment Package to the Court. (Garan Decl., ¶ 6.) On or about June 1, 2023, counsel for Plaintiff was informed by Plaintiff that Debtor had been in direct communications with Plainti...

Excerpt: ...ant to CCP § 664.6. The Motion is unopposed. Plaintiff attests the Agreement was reached for the total amount of $7,574.87. Plaintiff avers the terms of the Agreement required Defendant Reese to make payments of $400.00 per month from September 2, 2021, to February 2, 2023, and then $374.87 paid on March 2, 2023, in exchange for Plaintiff's dismissal of her claims against Defendant Reese. (Tapper Decl., Exhibit A at pg. 2:3-13.) This Court has r...

Excerpt: ...2023, KC filed an Answer to the Complaint. KC also filed a Cross- Complaint against Cross-Defendants CAB and American Textile Maintenance Company dba Republic Master Chefs (“ATM”) for 1) fraud, 2) breach of contract, 3) breach of covenant of good faith and fair dealing, 5) unfair business practices, and 6) declaratory relief. On February 16, 2022, the Court held a hearing and granted the Petition. On June 20, 2023, Cross Defendant CAB's Demur...

Excerpt: ...for development. Defendants ultimately withdrew from the project when Plaintiff demanded that they redo the designs to conform to applicable requirements. Defendants have refused to return the money paid to them under their agreement with Plaintiff. Plaintiff filed this action for consequential damages in the amount of $12,000 and a refund of the initial contract fee of $4500. Default was entered against Defendants Carcamo and Shugart on 12-20-21...

Excerpt: ...Agreement and Petitioner's Park Rules and Regulations under Civil Code § 798.88. (Pet. p. 1, Prayer.) Respondent Allocer was personally served with the Notice and Petition on June 1, 2023. (6-2-23 Proof of Service.) Respondent Diaz was served by substituted service with the Notice and Petition on June 1, 2023. (6-2-23 Proof of Service.) On June 27, 2023, the Court continued the hearing on the Petition to August 9, 2023 and ordered Petitioner to ...

Excerpt: ...t West Wing Grand Plaza (“West Wing”). (See Compl., generally.) On March 1, 2017, Lewin, as assignee of the Law Offices of Rodney T. Lewin APC, filed a Cross- Complaint against Jahanshahi seeking to recover $10,273.15 in attorney's fees, plus interest (Cross- Compl. ¶ 12.) On June 6, 2017, Jahanshahi filed a First Amended Complaint (the “FAC”) for breach of contract, breach of the covenant of good faith and fair dealing, common counts, b...

Excerpt: ...on with retention of jurisdiction per CCP §664.6 was entered on May 18, 2022. Complaint filed on 8/12/19 Subrogation II. Legal Standard “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court m...

Excerpt: ...orm interrogatories. Responses to those requests were due on or before July 17, 2023. (CCP § 2031.010 et seq.) On July 21, 2023, Plaintiff's counsel emailed Defendant's counsel advising that responses were overdue. (Delman Decl., ¶ 3, Ex. 2). On August 14, 2023, Plaintiff filed three motions on each Defendant individually: (1) Motions to Compel Responses to Request for Production, Set One, and Request for Monetary Sanctions; (2) Motions to Comp...

Excerpt: ... settled and the parties entered into a settlement agreement pursuant to a Stipulation for Entry of Judgment (“Stipulation”). On January 9, 2023, the Court dismissed the matter without prejudice but retaining jurisdiction pursuant to CCP Section 664.6. On June 10, 2022, Plaintiff filed a Stipulation to Vacate Default Judgment, requesting the Court to vacate the dismissal entered on January 9, 2023 and enforce the terms of the settlement agree...

Excerpt: ...g. On August 30, 2023, Plaintiff filed the instant motion to set aside/vacate dismissal. Grounds for Motion Plaintiff moves to vacate the dismissal under CCP § 473(b) on the grounds that the action was dismissed as a result of its attorney's mistake and inadvertence. LEGAL STANDARD “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken again...

Excerpt: ...ortions of Plaintiff's Complaint (the “Motion”) on August 07, 2022. The Motion seeks to strike the allegations supporting the claim for exemplary damages under Civil Code § 3340 as well as the request for judicial referral of the individual defendants to the California Veterinary Medical Board for disciplinary action. (See Notice of Motion at pg. 2.) Plaintiff opposes the Motion. II. Legal Standard California law authorizes a party's motion ...

Excerpt: ...udgment upon Breach (“Stipulation”). On January 4, 2022, the Court dismissed the case without prejudice and retained jurisdiction pursuant to CCP section 664.6. (01/04/2022 Minute Order.) Plaintiff filed in the instant Motion to Set Aside Dismissal and to Enter Judgment (“Motion”) on August 25, 2023. II. Legal Standard Under Code of Civil Procedure, section 664.6: (a)¿If parties to pending litigation stipulate, in a writing signed by the...

Excerpt: ...ent has been reached and a stipulated settlement would be filed shortly. (02/28/23 Minute Order.) On March 22, 2023, Plaintiff's counsel represented that additional time was needed to complete the settlement. (03/22/2023 Minute Order.) On May 24, 2023, counsel indicated that the settlement was still pending as Defendant Harari was deceased. (05/24/23 Minute Order.) No Stipulation has been filed with the Court. Plaintiff filed the instant Motion t...

Excerpt: ...Agreement (“Agreement”) entered into by Petitioner and Respondents. On August 16, 2023, the Court rejected Petitioner's Requests for Entry of Default/Judgment against Respondents. (8-16-23 Notices of Rejection.) No opposition has been filed. II. Legal Standard Pursuant to Code of Civil Procedure §1281.2, generally, on a petition to compel arbitration, the court must grant the petition unless it finds either (1) no written agreement to arbitr...

Excerpt: ...the other hand. (Compl. ¶ 6) Plaintiff compensated the insured for claimed damages in the amount of $13,086.47 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.) On February 16, 2021, Defendant filed an Answer to the Complaint. On October 6, 2022, Plaintiff filed a Notice of Settlement. On February 1, 2023, Plaintiff filed a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upo...

Excerpt: ...tation. Defendant, in propria person, filed an Answer on April 7, 2022. Defendant also filed a Cross- Complaint against Hospice and Everest for (1) common count – work labor and services and (2) breach of oral contract. Hospice and Everest filed a joint Answer to the Cross-Complaint on May 13, 2022. On February 9, 2023, Plaintiffs/Cross-Defendants filed a Motion for Summary Adjudication of Plaintiff's first cause of action for violation of Busi...

Excerpt: ... On the same day, Defendant Kothari filed an Application for Stay. On April 14, 2023, the proceedings were stayed for 90 days and an Early Evaluation Conference was scheduled for May 24, 2023. (4-14-23 Notice of Stay.) The Court lifted the stay on May 24, 2023. (5-24-23 Minute Order.) On August 2, 2023, Plaintiff filed a Motion to Compel YNG LLC's Further Answers to Interrogatories. On September 19, 2023, the Court placed the Motion off calendar ...

Excerpt: ...he Petition. On September 14, 2023, the Court, on its own motion, continued the hearing to September 21, 2023. (9-14-23 Minute Order.) No reply has been filed. II. Legal Standard Pursuant to Code of Civil Procedure §1281.2, generally, on a petition to compel arbitration, the court must grant the petition unless it finds either (1) no written agreement to arbitrate exists; (2) the right to compel arbitration has been waived; (3) grounds exist for...

Excerpt: ...a persona, and Defendant Victor, in propria persona, each filed a separate Answer to the Complaint. On August 2, 2023, Plaintiff filed the two instant Motions: (1) Motion to Deem Plaintiff's Request for Admissions as Being Admitted and Request for Monetary Sanctions as to Defendant Victor Martinez (“Deem – Victor”); (2) Motion to Deem Plaintiff's Request for Admissions as Being Admitted and Request for Monetary Sanctions as to Defendant Rod...