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: ...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: ...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: ...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: ...Support of Automatic Extension. On May 26, 2023, Defendant filed a Demurrer to Plaintiff's Complaint. The Court sustained the Demurrer with twenty (20) days leave to amend. (6-29-23 Minute Order.) On July 7, 2023, Plaintiff filed the First Amended Complaint (“FAC”). On August 7, 2023, Defendant filed the instant Demurrer to the FAC (“Demurrer”). In response, Plaintiff attempted to file the Second Amended Complaint (“SAC”); however, th...

Excerpt: ...July 27, 2023, Plaintiff filed the First Amended Complaint (“FAC”). The Court denied Defendant's Motion to Strike; however, the Court, on its own motion, ordered the First Amended Complaint stricken. (8-3-23 Minute Order.) On August 28, 2023, Defendant filed the instant Demurrer to the Complaint (“Demurrer”). Defendant also filed an Answer on the same day. No opposition has been filed. II. Legal Standard A demurrer is a pleading that may ...

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: ... Defendant Douglas Center, in propria persona, filed an Answer to the Complaint on April 21, 2023. Defendant Ortiz filed an Answer on May 16, 2023. On August 10, 2023, Plaintiff filed the instant Motion to Compel Defendant Douglas Center Partners LLC's Answers to Interrogatories (“Motion”). No opposition has been filed. II. Legal Standard & Discussion A. Special Interrogatories A party must respond to interrogatories within 30 days after serv...

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...

Excerpt: ...l damages for theft, (2) conversion, (3) claim and delivery, (4) restitution (unjust enrichment), (5) breach of contract, (6) fraud (intentional misrepresentation), and (7) negligence. On December 8, 2021, the Court denied Defendant Brown's Motion to Quash Service of Summons and ordered him to file and serve a responsive pleading within 20 days of the order. (12-8- 21 Minute Order.) On December 28, 2021, Defendant Brown filed a Demurrer to the fi...

Excerpt: ...iled the instant Petition to Confirm Arbitration Award (“Petition”) as to Respondent Caldera. Petitioner filed proof that Respondent was personally served with the Petition and supporting documents on May 30, 2023. (6-7-23 Proof of Service.) On June 20, 2023, Respondent filed a General Denial. On June 28, 2023, Respondent filed a Demand for Arbitration. II. Legal Standard Once arbitration is concluded, “any arbitrator's award is enforceable...

Excerpt: ...ompl.) Plaintiff compensated the insured for claimed damages in the amount of $21,815.33 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 3- 4.) Defendant filed an Answer to the Complaint on October 5, 2020. On June 22, 2021, Plaintiff filed a Stipulation for Settlement and Entry of Judgment and Order (“Stipulation”), signed by Plaintiff and its representatives and Defendant and her attorney, to dism...

Excerpt: ...t took the Demurrer with Motion to Strike off calendar. Defendant filed an Answer on May 22, 2023. On the same day, Defendant filed the instant Motion to Strike Punitive Damages from First Amended Complaint (“Motion”). Plaintiff filed an Opposition on August 18, 2023, and Defendant filed a Reply on August 24, 2023. On August 28, 2023, the Court continued the hearing on the Motion to September 20, 2023. (8- 28-23 Minute Order.) II. Legal Stand...

Excerpt: ...been filed. II. Legal Standard A demurrer is a pleading that may be used to test the legal sufficiency of the factual allegations in the complaint. (Code of Civ. Proc. § 430.10.) There are two types of demurrers – general demurrers and special demurrers. (See McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) General demurrers can be used to attack pleadings for failure to state facts sufficient to constitute a cause of act...

Excerpt: ...21, Defendants filed an Answer to the Complaint. On April 4, 2023, Plaintiff informed the Court of his intention to file a motion to reclassify, thus, the Court placed the trial off calendar. (4-4-23 Minute Order.) On June 2, 2023, Plaintiff filed the instant Motion to Reclassify Case (“Motion”). On August 11, 2023, Defendants filed a late Opposition, that was not received by the Court prior to the hearing on the Motion. On August 16, 2023, t...

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 the instant Motion to Compel YNG LLC's Further Answers to Interrogatories (“Motion”). Defendant YNG filed an Opposition on Se...

Excerpt: ...wer to the Complaint. Defendant PG filed an Answer on February 1, 2023. On March 14, 2023, Plaintiff amended the Complaint to add HGL Restaurant Group, LLC (“HGL”) as Defendant Doe 1. (3-14-23 Amendment to Complaint.) HGL filed an Answer on April 19, 2023. On June 14, 2023, Plaintiff filed another Amendment to Complaint, adding Upside Crenshaw Holding, LLC (“Upside”) as Defendant Doe 6. (6-14-23 Amendment to Complaint.) On July 3, 2023, P...

Excerpt: ... FPI Management [1] , Inc. (“FPI”), and Eden Iris Gardens, LLC (“Eden”) for (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) personal injury, (5) intentional infliction of emotional distress, and (6) breach of contract. On April 19, 2023, Defendant FPI filed a Demurrer with Motion to Strike Complaint. Defendant Rockvale LP filed a Joinder to Defendant FPI's Demurrer with Motion to Strike. On July 3, 2023, ...

Excerpt: ... August 18, 2018. (12-5-19 Minute Order.) The Court also noted that Petitioner could file a noticed motion if he intended to request attorney's fees. (Ibid.) Petitioner filed his first Motion for Attorney's Fees on February 27, 2020. On October 28, 2020, the Court noted that Petitioner had not cited any authority for its request and continued the hearing to allow Petitioner additional time to file supplemental papers. (10-28-20 Minute Order.) Pet...

Excerpt: ... Plaintiff's automobile insurance policy, on the other hand. (Compl.) Plaintiff compensated the insured for claimed damages in the amount of $16,108.21 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.) On April 30, 2021, Defendant filed an Answer to the Complaint. On December 5, 2022, Plaintiff filed a Stipulation for Entry of Judgment in the Event of Default (“Stipulation”), signed by both part...

Excerpt: ...l damages for theft, (2) conversion, (3) claim and delivery, (4) restitution (unjust enrichment), (5) breach of contract, (6) fraud (intentional misrepresentation), and (7) negligence. On December 8, 2021, the Court denied Defendant Brown's Motion to Quash Service of Summons and ordered him to file and serve a responsive pleading within 20 days of the order. (12-8- 21 Minute Order.) On December 28, 2021, Defendant Brown filed a Demurrer to the fi...

Excerpt: ...wledgment of receipt of service, indicating that the pleadings were mailed to 100 West 1st Street, Room 228, Los Angeles, CA 90012. On February 17, 2023, the date set for Non-Jury Trial, the Court noted that service was not properly effectuated on Defendant and placed trial off calendar. (2-17-23 Minute Order.) The Court set Order to Show Cause Re: Failure to File Proof of Service for April 26, 2023. (Ibid.) On April 3, 2023, Plaintiff filed Proo...

Excerpt: ...rance policy, on the other hand. (Compl.) Plaintiff compensated the insured for claimed damages in the amount of $13,616.20 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.) On August 20, 2021, Defendant filed an Answer to the Complaint. On November 3, 2022, the Court was informed that the matter had settled and placed trial off calendar. (11-3-22 Minute Order.) On February 28, 2023, Plaintiff filed...

Excerpt: ...tively “Defendants”). On May 24, 2023, pursuant to Plaintiff's request, the Court dismissed Defendants Tammy and Kevin Williams without prejudice. (5-18-23 Request for Dismissal.) On May 20, 2023, Defendant Herma JoEtta Clay (erroneously sued as Hermana JoEtta Clay), in propria persona, filed an Answer to the Complaint. On June 20, 2023, pursuant to Plaintiff's request, default was entered against Defendants Clark and Hennessee. (6-20-23 Requ...

Excerpt: ... Compel Discovery Responses to Plaintiff's Demand for Request for Form Interrogatories, Set One, Request for Admissions, Set One, and Monetary Sanctions. On May 17, 2023, the Court noted that Plaintiff had impermissibly filed two separate motions as a single motion and paid a single filing fee, failed to attach the discovery requests, and did not indicate whether Defendant had failed to respond to the discovery requests. (5-17-23 Minute Order.) F...

Excerpt: ...tiff filed an Opposition on May 17, 2023, and Defendant filed a Reply on May 22, 2023. On May 30, 2023, the Court determined that the matter is not a “collection hub” case and ordered it transferred to Department 1 for re-assignment. (5-30-23 Minute Order.) The case was reassigned to Department 25 at the Spring Street Courthouse. (6-2-23 Minute Order.) The Court set the hearing on the Demurrer for August 31, 2023. (7-31-23 Minute Order.) On A...

Excerpt: ...ories and Request for Monetary Sanctions (“Motion”). The Court, on its own Motion, continued the hearing on the Motion to June 21, 2023. (6-1-23 Minute Order.) On June 20, 2023, Defendant filed the Declaration of Evan M. Spears in response to the Motion; however, the Court did not receive it in time for the hearing on the Motion. On June 21, 2023, the Court continued the hearing on the Motion and ordered Plaintiff to file a corrected Notice o...

Excerpt: ...ance of nuisance, and (5) unfair competition under California Business and Professions Code § 17200. On January 20, 2023, Defendant filed an Answer to the Complaint. On June 20, 2023, Plaintiff Brant Silvia filed the instant Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents and Request for Sanctions (“Motion”). On June 23, 2023, Defendant filed a Substitution of Attorney, indicating that his new legal rep...

Excerpt: ...n July 19, 2023, El Monte Auto Repair filed an Amended Cross-Complaint for (1) negligent misrepresentation, (2) negligence, (3) breach of implied covenant of good faith and fair dealing, (4) breach of contract – violation of warranty and (5) breach of contract – storage fees. On August 18, 2023, Santos filed a Demurrer to the Cross-Complaint (“Demurrer”). On September 6, 2023, Santos filed a Notice of Non-Opposition to Demurrer. To date, ...

Excerpt: ..., “Defendants” or “Debtors”). The judgment was initially entered on January 7, 1997, in the sum of $2,489.00, entered again on November 3, 2005, for $2,645.89, and last entered on October 21, 2015 in the sum of $5,013.82. (12-16-20 Assignment of Judgment.) On December 16, 2020, the judgment was assigned to Collect Access LLC. (Ibid.) Collect Access LLC filed an Abstract of Judgment on October 27, 2022. On October 12, 2022, Defendant/Debto...

Excerpt: ...d, and an individual insured by Plaintiff's automobile insurance policy, on the other hand. (Compl.) Plaintiff compensated the insured for claimed damages in the amount of $19,778.32 and filed the instant claim against Defendants for allegedly causing the damages. (Ibid. pp. 2-3.) On January 7, 2021, Defendants filed a joint Answer to the Complaint. On November 28, 2022, Plaintiff filed a Notice of Settlement. On December 2, 2022, pursuant to Pla...

Excerpt: ...nd. (Compl.) Plaintiff compensated the insured for claimed damages in the amount of $24,146.26 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.) On January 7, 2021, Defendant filed an Answer to the Complaint. On January 18, 2022, Plaintiff filed a Notice of Settlement. Subsequently, on September 6, 2022, Plaintiff filed a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon B...

Excerpt: ... pursuant to Plaintiff's request, the Court dismissed Defendant Vargas without prejudice. (6-23-21 Request for Dismissal.) On September 30, 2022, Defendant Molina filed an Answer to the Complaint. On April 12, 2023, Defendant Molina filed the instant Motion for Leave to File a Cross-Complaint (“Motion”). No opposition has been filed. On June 6, 2023, the Court, on its own motion, continued the hearing on the Motion to July 18, 2023. (6-6-23 M...

Excerpt: ...Act, Civil Code § 1750 et seq.; (2) violation of California Business and Professions Code § 17200, et seq., Unlawful Acts or Practices; (3) claim against surety, and (4) violation of Code of Civil Procedure §§ 1281.97, 1281.99. Defendant Hudson filed an Answer on October 28, 2021. On December 10, 2021, Plaintiff amended the Complaint, adding Defendant Western Surety Company (“Western Surety”) as Doe 31, and on December 16, 2021, Plaintiff...

Excerpt: ...led on July 8, 2021, and ordered the entire action reclassified as a civil limited jurisdiction case. (8-30-21 Minute Order.) The case was assigned to Department 25 at the Spring Street Courthouse. (9-7-21 Minute Order.) On November 2, 2021, the Court overruled Defendant's Demurrer to the Complaint, filed on July 8, 2021. (11-2-21 Minute Order.) Defendant, in propria persona, filed an Answer on November 3, 2021. On October 11, 2022, Defendant fil...

Excerpt: ...contract, open book account, account stated, and reasonable value. On January 30, 2023, HCL, in propria persona, filed an Answer to the Complaint. On March 6, 2023, pursuant to Plaintiff's request, the Court entered default against Defendant ACL. On June 26, 2023, Plaintiff filed the instant Motion to Strike Defendant HCL's Answer (“Motion”). No opposition has been filed. II. Legal Standard California law authorizes a party's motion to strike...

Excerpt: .... 1 Admitted and Request for Monetary Sanction (“Motion”). No opposition has been filed. II. Legal Standard & Discussion A. Requests for Admission Under Code of Civil Procedure 2033.280(b), failure to respond to requests for admission in a timely manner allows the requesting party to “move for an order that…the truth of any matters specified in the requests be deemed admitted” by the party that failed to respond. The requesting party's ...

Excerpt: ... of the Unruh Civil Rights Act. On May 30, 2023, Defendants filed a joint Answer to the Complaint. On August 1, 2023, Plaintiff filed the instant Motion to Compel ACET's Answers to Interrogatories (“Motion”). No opposition has been filed. On the same day, Plaintiff filed a Motion to Compel Kreation Juicery's Answers to Interrogatories, set for hearing on September 14, 2023. II. Legal Standard & Discussion A. Form Interrogatories A party must ...

Excerpt: ... 2023, Respondents, in propria persona, filed a joint Opposition to the Petition. Petitioner filed a Reply on May 1, 2023. On May 9, 2023, the Court granted the Petition for Permanent Injunction for a period of three years. (5-9-23 Minute Order.) On May 31, 2023, Petitioner filed a Memorandum of Costs and subsequently, on June 23, 2023, Petitioner filed the instant Motion for Attorney's Fees and Costs (“Motion”) requesting $16,922.00 in attor...

Excerpt: ...omplaint. On March 22, 2023, Plaintiff filed the instant Motion to Strike Defendant's Answer (“Motion”). On May 25, 2023, the Court found that the case is not a “collection hub” case and ordered the case transferred for re-assignment. (5-25-23 Minute Order.) On May 31, 2023, the case was reassigned to Department 25 at the Spring Street Courthouse. (5-31-23 Minute Order.) The hearing on the Motion was continued to August 29, 2023. (7-14-23...

Excerpt: ...h of contract. On April 8, 2019, Koch filed an Answer to the Cross-Complaint. On July 1, 2020, Heyes filed a Substitution of Attorney, indicating that she was being represented by counsel Eric S. Oto, Esq. On November 8, 2021, the Court granted Plaintiff's Ex Parte Application to Appoint and Substitute Stone Sallus, LLP as Attorneys of Record. (11-8-21 Minute Order.) On January 23, 2023, the Court denied Plaitiff's Ex Parte Applciation Re Order f...

Excerpt: ...d assessment of civil penalties. Defendant filed a General Denial on January 10, 2023. On June 12, 2023, Defendant filed the instant Motion to Compel Plaintiff's Further Responses to Interrogatories (Set One) (“Motion”). Plaintiff filed an Opposition on July 14, 2023. On July 20, 2023, Defendant filed a Reply. The Court, on its own motion, continued the hearing to August 28, 2023. (7-27-23 Minute Order; 8-18-23 Minute Order.) II. Legal Standa...

Excerpt: ...d the two instant Motions: (1) Motion for Order Compelling Responses to Form Interrogatories and Request for Sanctions (“MTC Form”); (2) Motion for Order Compelling Responses to Request for Production of Documents and Request for Sanctions (“MTC RFP”). No opposition has been filed. II. Legal Standard & Discussion A. Form Interrogatories A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260(a)....

Excerpt: ...land”) (collectively “Defendants”). On November 16, 2022, pursuant to Plaintiff's request, the Court dismissed Defendants Negron and Hoagland from the action. (11-15-22 Request for Dismissal.) On December 5, 2022, Defendant Flowers, in propria persona, filed an Answer to the Complaint. On June 20, 2023, pursuant to Plaintiff's request, the Court entered default against Defendants MPB and Dumont. On July 13, 2023, pursuant to the parties' st...

Excerpt: ...laintiff's automobile insurance policy, on the other hand. (Compl.) Plaintiff compensated the insured for claimed damages in the amount of $10,100.53 and filed the instant claim against Defendants for allegedly causing the damages. (Ibid. pp. 2-3.) On January 29, 2021, Defendants filed a joint Answer to the Complaint. On May 5, 2021, pursuant to Plaintiff's request, the Court dismissed Defendant Hrachya without prejudice. (4-28-21 Request for Dis...

Excerpt: ...ourt sustained Defendant Envoy's Demurrer to Plaintiff's third and fourth causes of action alleged in the Complaint, with 20 days leave to amend. (5-3-22 Minute Order.) Plaintiff filed the First Amended Complaint (“FAC”) on June 17, 2022. On July 7, 2022, pursuant to Plaintiff's request, the Court dismissed Defendant Diusa from the Complaint with prejudice. (7-5-22 Request for Dismissal.) Defendant Envoy filed an Answer to the FAC on July 21,...

Excerpt: ...rder. The Court denied the Application and noted that it had to be filed in the ‘Writs and Receivers' Division, per LASC Rules 2.8 and 2.9. (1-23-23 Minute Order.) On February 9 and 10, 2023, the Court denied two Ex Parte Applications for Writ of Possession, filed by Petitioner on February 9 and 10, 2023, respectively, in Department 85. (2-9-23 Minute Order; 2-10-23 Minute Order.) On February 28, 2023, the Court granted Petitioner's Ex Parte Ap...

Excerpt: ... 2023, because Defendant's 41 discovery requests exceeded what is permitted in a limited jurisdiction case, pursuant to Code of Civil Procedure § 94(a). (5-16-23 Minute Order.) On May 17, 2023, Defendant filed the following instant Motions: (1) Motion to Compel Plaintiff to Provide Verified Responses, Without Objections, to Defendant's Form Interrogatories, Set One, and Request for Monetary Sanctions (“MTC – Form”); (2) Motion to Compel Pl...

Excerpt: ...t, Civil Code § 1750 et seq., (2) violation of California Business and Professions Code § 17200, et seq., Unlawful Acts or Practices, (3) Negligent Misrepresentation, (4) Claim Against Surety, and (5) Violation of Code of Civil Procedure § 1281.97 & 1281.99. On June 1, 2020, Defendant Planet Cars filed an Answer to the Complaint. On August 7, 2020, Defendant International Fidelity filed an Answer to the Complaint. On October 22, 2020, the Cour...

Excerpt: ... 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 Upon B...

Excerpt: ...ered for Plaintiff and against Defendant in the amount of $4000 in damages and $325 in interest and costs. (1-26-16 Default Judgment.) Plaintiff appealed the Court's denial of attorney's fees, and on March 6, 2017, the Appellate Division of the Superior Court reversed and remanded the judgment for the purpose of determining the attorney's fees to be awarded to Plaintiff. (3-6-17 Opinion.) The Court ruled that Plaintiff could also recover costs on...

Excerpt: ...April 11, 2023, Plaintiff filed a Motion to Compel Responses to Form Interrogatories and for Award of Sanctions. On July 24, 2023, the Court granted the Motion, ordered Defendant to submit verified responses, without objections, and to pay monetary sanctions in the amount of $660. (7-24-23 Minute Order.) On April 11, 2023, Plaintiff also filed the instant Motion to Compel Responses to Requests for Production of Documents and for Award of Sanction...

Excerpt: ...equest for Admissions Admitted, filed on March 27, 2023. (5-1-23 Minute Order.) On May 10, 2023, Plaintiff filed the instant Motion for Judgment on the Pleadings (“MJOP”) and Request for Judicial Notice (“RJN”). On July 24, 2023, the Court noted that the Notice of Motion was defective, as it listed the Stanley Mosk Courthouse address instead of the Spring Street Courthouse address. (7-24-23 Minute Order.) The Court continued the hearing a...

Excerpt: ...I Management [1] , Inc. (“FPI”), and Eden Iris Gardens, LLC (“Eden”) for (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) personal injury, (5) intentional infliction of emotional distress, and (6) breach of contract. On April 19, 2023, Defendant FPI filed a Demurrer with Motion to Strike Complaint. Defendant Rockvale Apartments LP filed a Joinder to Defendant FPI's Demurrer with Motion to Strike. On July 3...

Excerpt: ... Answer to the Complaint. ON April 14, 2023, K&L filed another Answer through its counsel. On May 26, 2023, Plaintiff amended the Complaint to include Allison Silva (“Allison”) as Defendant Doe 1. (5-26-23 Amendment to Complaint.) On July 5, 2023, Plaintiff filed the instant Motion to Compel Marcelo Silva aka Marcelo Cavalcanti's Answers to Interrogatories (“Motion”). No opposition was filed. On July 7, 2023, pursuant to Plaintiff's reque...

Excerpt: ...ividual insured by Plaintiff's automobile insurance policy, on the other hand. (Compl. ¶ 6) Defendant Huizar was allegedly “operating the motor vehicle with the express or implied permission of RUBEN LOERA.” (Ibid.) Plaintiff compensated the insured for claimed damages in the amount of $24,437.39 and filed the instant claim against Defendants for allegedly causing the damages. (Ibid. pp. 2-3.) On July 22, 2021, Defendants filed a joint Answe...

Excerpt: ... as Defendant Doe 1. On the same day, Plaintiff also filed Amendment to Complaint correcting Defendant's name to Luxury Meetings, Inc., a Delaware corporation (“Luxury Meetings”). Non-Jury Trial was scheduled for September 22, 2022. (3-25-21 First Amended Standing Order.) On September 22, 2022, the Court noted that no appearances were entered for Plaintiff or Defendants and dismissed the Complaint without prejudice. (9-22-22 Minute Order.) On...

Excerpt: ...titioner, in propria persona, filed the instant Petition to Correct Contractual Arbitration Award (“Petition”) against Respondent. No proof of service has been filed. On July 28, 2023, Petitioner filed a Request for Continuance of the hearing. No opposition has been filed. II. Legal Standard Once arbitration is concluded, “any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal ...

Excerpt: ...fault.) On February 15, 2023, the Court granted Defendant's Motion to Set Aside Default and vacated the default. (2-15-23 Minute Order.) Defendant filed an Answer on the same day. On November 17, 2021, Plaintiff filed a Notice of Related Case. On May 8, 2023, the Court denied Counsel Philip Paul DeLuca's Motion to be Relieved as Counsel without prejudice. (5-8-23 Minute Order.) On May 10, 2023, Counsel DeLuca filed the instant Motion to be Reliev...

Excerpt: ... Counsel as to Plaintiff Martin Vera. The Court granted the Motion on May 15, 2023. (5-15-23 Minute Order.) On March 8, 2023, Defendant filed Motions for Orders Compelling Responses to Form Interrogatories and Request for Production, directed toward Plaintiff Martin Vera. On April 6, 2023, the Court granted Defendant's Motions and ordered Plaintiff to submit verified responses, without objections, within ten (10) days of notice of the Court's Ord...

Excerpt: ...mplaint, correcting Defendant California Company's name to California Company, LLC. On October 13, 2022, Defendants filed a joint Answer to the Complaint. On February 14, 2023, the Court denied Plaintiff's Motion to Compel Discovery Responses, filed on December 27, 2022, because it improperly combined four discovery motions into one motion. (2-14- 23 Minute Order.) The Court also denied Plaintiff's request for monetary sanctions. (Ibid.) On April...

Excerpt: ...lt against Defendants. (5-11-22 Request for Entry of Default.) On October 27, 2022, pursuant to the parties' stipulation, default was vacated, and Defendants were ordered to file responsive pleadings. (10-27-22 Stipulation and Order.) On November 28, 2022, Defendants filed a joint Answer to the Complaint. On May 8, 2023, Defendants Nate and Garnero filed a Substitution of Attorney indicating that each Defendant was self-represented. In response, ...

Excerpt: ...he one hand, and the parked automobile of an individual insured by Plaintiff's insurance policy, on the other hand. (Compl.) Plaintiff alleges that Defendant Flores was “using, operating, and driving that vehicle with the permission, consent, and knowledge of Defendant Carlos Colocho.” (Ibid. at ¶ 12.) Plaintiff compensated the insured for claimed damages in the amount of $11,992.44 and filed the instant claim against Defendants for allegedl...

Excerpt: ... Defendants filed an Answer to the Complaint. On April 4, 2023, Plaintiff informed the Court of his intention to file a motion to reclassify, thus, the Court placed the trial off calendar. (4-4-23 Minute Order.) On June 2, 2023, Plaintiff filed the instant Motion to Reclassify Case (“Motion”). No opposition has been filed. II. Legal Standard Code of Civil Procedure § 403.040 allows a plaintiff to file a motion for reclassification of an acti...

Excerpt: ...tor vehicle and general negligence. On September 9, 2022, Ruth Serrano's Application for Appointment of Guardian Ad Litem for Plaintiff Ricardo was granted. On December 30, 2022, Defendants filed a joint Answer to the Complaint. On June 7, 2023, Plaintiff Ruth filed Motions to Compel Responses to Plaintiff's Request for Production of Documents and Request for Monetary Sanctions directed towards Defendants Paul and Mike. On July 3, 2023, the Court...

Excerpt: ... to the Complaint. Defendant PG filed an Answer on February 1, 2023. On March 14, 2023, Plaintiff amended the Complaint to add HGL Restaurant Group, LLC (“HGL”) as Defendant Doe 1. (3-14-23 Amendment to Complaint.) HGL filed an Answer on April 19, 2023. On June 14, 2023, Plaintiff again filed an Amendment to Complaint, adding Upside Crenshaw Holding, LLC (“Upside”) as Defendant Doe 6. (6-14-23 Amendment to Complaint.) On July 3, 2023, Pla...

Excerpt: ...ia and Oscar Lona Ortega (erroneously sued and served as Ortega Eztapia) filed a joint Answer to the Complaint. On February 14, 2023, Defendants filed Motions Compelling Responses to Form Interrogatories and Request for Production of Documents. On April 3, 2023, the Court granted Defendants' Motions and ordered Plaintiff to submit verified responses, without objections, within ten (10) days of notice of the Court's Order. (4-3-23 Minute Order.) T...

Excerpt: ...ame violent. Plaintiff eventually locked herself in her room in their shared residence. Plaintiff alleges that at some point after the altercation, the police were called to their residence and Plaintiff was arrested, held in jail for 13 hours, and charged with assault of an elderly person 85 or over. Plaintiff claims the case was dropped because it lacked circumstantial evidence. Plaintiff claims that as a result of these events, her reputation ...

Excerpt: ...gust 18, 2018. (12-5-19 Minute Order.) The Court also noted that Petitioner could file a noticed motion if he intended to request attorney's fees. (Ibid.) Petitioner filed his first motion for attorney's fees on February 27, 2020. On October 28, 2020, the Court noted that Petitioner had not cited any authority for his request and continued the hearing to allow Petitioner additional time to file supplemental papers. (10-28-20 Minute Order.) Petiti...

Excerpt: ...e one hand, and an individual insured by Plaintiff's automobile insurance policy, on the other hand. (Compl. ¶ 6) Plaintiff alleges that Alvarez was “operating the motor vehicle with the express or implied permission of” Defendant Adame, the “registered owner, bailee or other person who gained possession and/or control of the vehicle.” (Ibid.) Plaintiff compensated the insured for claimed damages in the amount of $23,772.93 and filed the...

Excerpt: ...ount, and (6) unjust enrichment. On May 12, 2021, Defendant, in propria persona, filed an Answer to the Complaint. Defendant also filed a Cross-Complaint for fraud and breach of contract against Solarmax. On June 10, 2021, Fonarow filed the First Amended Cross-Complaint (“FACC”). Solarmax filed an Answer to the FACC on July 9, 2021. On May 27, 2022, pursuant to the stipulation of the parties, the Court continued the trial date to January 30, ...

Excerpt: ...10,290.01 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.) On March 18, 2021, Defendant filed an Answer to the Complaint. On June 7, 2022, Plaintiff filed a Notice of Settlement. On July 21, 2022, Plaintiff filed a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach (“Stipulation”), signed by both parties, to dismiss the action on the premise that Defendant would...

Excerpt: ...esented LLC filed on August 17, 2022. (9-13-22 Minute Order.) On December 14, 2022, the Court ordered the case to be reclassified as a limited case; the case was reassigned to Department 25 at the Spring Street Courthouse. (12-14-22 Minute Order; 12-30- 22 Minute Order.) On May 19, 2023, Appellee Friesen filed the instant Motion to Compel Depositions of RSA's Managing Partners Brenda Fisher and Gina Nuccio, Production of Documents, and Request fo...

Excerpt: ...endants Samo Enterprises, Inc. dba Western Motor Sport (“Samo Enterprises”), JB Financial, partnership consisting of Susan Demirci and Igya Demirci (“JB”), and Hudson Insurance Company (“Hudson”), (collectively “Defendants”). On May 11, 2023, Plaintiffs filed the instant Motion to Compel Arbitration and for Court to Pick Arbitration Forum, and Request for Stay (“Motion”), seeking an order compelling Defendants Samo Enterprises...

Excerpt: ... the Rental 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 and ordered Petitioner to file s...

Excerpt: ...226.7 (meal periods), (4) violations of Labor Code § 226.7 (rest periods), and (5) unfair business practices in violation of Business and Professions Code §17200. Defendants filed an Answer on June 29, 2022. On May 10, 2023, on the date set for Non-Jury Trial, the Court noted that Defendants failed to enter an appearance, despite having statutory notice of such trial. (5-10-23 Minute Order.) Plaintiff appealed to the Court for judgment and the ...

Excerpt: ...ault was entered against Defendant TALO on May 25, 2022, and against Defendant Negrete on September 14, 2022. (5-25-22 Request for Entry of Default; 9-14-22 Request for Entry of Default.) Default judgment was entered for Plaintiff and against both Defendants on October 20, 2022, for $21,054.64. (10-20-22 Default Judgment.) On May 12, 2023, Defendant Negrete, in propria persona, filed the instant Motion to Set Aside Default and Default Judgment (�...

Excerpt: ...very and Request for Sanctions (“MTC”); 2) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents and Request for Sanctions (“Mot. Deem”). No opposition has been filed to either Motion. On July 10, 2023, pursuant to the stipulation of the parties, the Court continued the trial date to December 28, 2023, along with all discovery and motion cut-off dates. (7-10-23 Stipulation and Order.) II. Legal Standard & Discussio...

Excerpt: ...ault against Defendant. (4- 11-22 Request for Entry of Default.) On April 21, 2022, Defendant, in propria persona, filed an Answer. On July 11, 2023, Plaintiff filed the instant Motion to Strike Entire Answer to Complaint (“Motion”). Defendant filed an Opposition on July 25, 2023, and Plaintiff filed a Reply on July 26, 2023. II. Legal Standard California law authorizes a party's motion to strike matter from an opposing party's pleading if it...

Excerpt: ...17-23 Request for Entry of Default.) Default judgment was entered for Plaintiff and against Defendants on April 3, 2023, in the amount of $5,165.60. (4-3-23 Judgment.) On May 8, 2023, Defendants filed a Motion to Set Aside Default Judgment. Plaintiff filed an Opposition on May 12, 2023. On June 6, 2023, Defendants filed the instant Motion to Set Aside Default Judgment (“Motion”). Plaintiff filed an Opposition on June 8, 2023, and Defendants f...

Excerpt: ...Defendants” or “Debtors”). The judgment was initially entered on January 7, 1997, in the sum of $2,489.00, entered again on November 3, 2005, for $2,645.89, and last entered on October 21, 2015 in the sum of $5,013.82. (12-16-20 Assignment of Judgment.) On December 16, 2020, the judgment was assigned to Collect Access LLC. (Ibid.) Collect Access LLC filed an Abstract of Judgment on October 27, 2022. On October 12, 2022, Defendant/Debtor Ken...