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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ..., “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: ...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...