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