Excerpt: ...olicy. (Compl. ¶ 6.) Plaintiff compensated Insured for claimed damages in the amount of $20,912.23 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. at pp. 2-3.) On November 22, 2022, Defendant filed an Answer to the Complaint. On March 29, 2023, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendant, filed on February 2, 2023. (3-29-23 Minute Order.) On May 24, 2023, ...

Excerpt: ...anted 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 Court dismisse...

Excerpt: ...t (“Motion”). No opposition has been filed. On July 27, 2023, Plaintiff filed the First Amended Complaint (“FAC”). II. Legal Standard California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, or improper. (Code Civ. Proc. §§ 435; 436(a).) Motions may also target pleadings or parts of pleadings that are not filed or drawn in conformity with applicable laws, rules, or orders....

Excerpt: ...amount of $7,727.50 and post-award interest at a legal rate of 10% per annum, starting 30 days after the service of the award on the parties. (7-5-23 Pet. pp. 8-16.) The arbitration proceedings had been initiated by Respondent HN Tea Group, Inc., through its president Lyson Lin, against Petitioner, its former attorney. (Ibid.) On February 23, 2023, Petitioner filed the instant Petition to Confirm Arbitration Award (“Petition”) against Respond...

Excerpt: ...pril 11, 2023, Plaintiff filed the following Motions: (1) Motion to Compel Responses to Form Interrogatories and for Award of Sanctions; (2) Motion to Compel Responses to Requests for Production of Documents and for Award of Sanctions. On May 24, 2023, the Court found that the case is a not a “Collection Hub” matter and ordered it transferred for re-assignment. (5-24-23 Minute Order.) The case was re-assigned to Department 25 at the Spring St...

Excerpt: ...First Amended Complaint (“FAC”) on August 23, 2022. On November 7, 2022, based on Plaintiff's request, the Court entered default against Defendant for failure to respond to the First Amended Complaint. (11-7-22 Request for Entry of Default.) Default judgment was entered against Defendant and for Plaintiff in the amount of $19,102.04 on November 10, 2022. (11-10-22 Judgment.) On January 24, 2023, Defendant filed the instant Motion for Relief f...

Excerpt: ...siness and Professions Code § 17200, et seq., Unlawful Acts or Practices; and (3) claim against surety. On December 1, 2021, Plaintiff amended the Complaint to add Defendant Great American Insurance Company (“Great American”) as Doe 31. On August 26, 2022, pursuant to Plaintiff's request, the Court dismissed Defendants In House and Great American from the case without prejudice. The Court also dismissed Defendant Surety without prejudice on ...

Excerpt: ...nrichment, (3) Money Had and Received, (4) Damages for Fraud and Deceit, (5) Damages for Breach of Warranty of Habitability, (6) Damages for Nuisance (7) Collection for Excess Rent. (Compl. [1] ) On July 3, 2023, Defendants filed the instant Demurrer (“Demurrer” and “MTS”). No opposition has 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. (...

Excerpt: ...ntract, (3) breach of contract, and (4) breach of good faith and fair dealing. On September 21, 2020, Plaintiff filed the First Amended Complaint. On November 18, 2020, Plaintiff filed a Joint Stipulation to Authorize the filing of a Second Amended Complaint. On November 30, 2020, Plaintiff filed the Second Amended Complaint against Defendants for (1) quantum meruit, (2) breach of implied contract, (3) breach of contract, and (4) breach of good f...

Excerpt: ...) Default judgment was entered for Plaintiff and against Defendant on December 2, 2019, in the amount of $7,920.42. (12-2-19 Default Judgment.) On March 11, 2021, Plaintiff filed a Motion to Compel Defendant/Debtor's Responses to Post- Judgment Interrogatories (Set One). On April 8, 2021, the Court granted the Motion, ordered Debtor to serve verified responses, without objections, within thirty (30) days of the Order, and to pay sanctions in the ...

Excerpt: ...int. Defendant also filed a Cross-Complaint against Cross-Defendants Sage and Jeff. On June 23, 2023, Defendant Tychicus filed a Motion for Determination of Good Faith Settlement (“Motion”). No opposition has been filed. On July 7, 2023, the Court granted Defendant Tychicus's Ex Parte Application to Continue Trial Date to Hear Motion for Determination of Good Faith Settlement. (7-5-23 Minute Order.) II. Legal Standard Pursuant to Code of Civi...

Excerpt: ...endants”). On September 15, 2022, Defendants Verbhert and Princess filed a Cross-Complaint against Cross-Defendants Old Republic, CPM, Andrew Nathan O'Neill (“Andrew”), Adam Neil Aguirre (“Adam”), Anthony Aguirre (“Anthony”), Htikhu ONeill (“Htikhu”), Robert Vega (“Robert”), (collectively “Cross- Defendants”). On the same day, Defendants Wendy and Ryan filed a Cross-Complaint against Cross- Defendants. Old Republic filed...

Excerpt: ...mplaint. On March 13, 2023, pursuant to Plaintiff's request, default was entered against Defendant Barreras. (3-13-23 Request for Entry of Default.) Subsequently, on May 1, 2023, pursuant to the parties' joint stipulation, the Court vacated the default. (5-1-23 Stip. and Order.) Defendant Barreras had filed an Answer on April 26, 2023. On May 2, 2023, pursuant to Plaintiff's request, default was entered against Defendant AFDI. (5- 2-23 Request fo...

Excerpt: ...t filed proof that Defendants have been served with the Summons and Complaint. On January 13, 2023, at the Non-Jury Trial, the Court noted that no appearances were entered by either party and dismissed the Complaint without prejudice. (1-13-23 Minute Order.) On June 12, 2023, Plaintiff filed the instant Motion for an Order Setting Aside Order of Dismissal and Reinstating This Matter to the Civil Active List for a Trial on the Merits (“Motion”...

Excerpt: ...Plaintiff's insurance policy, on the other hand. (Compl. ¶ 6.) Plaintiff compensated insured in the amount of $12,389.79 and filed the instant action to recover damages from Defendant. (Compl. pp. 2-3.) On April 25, 2022, Defendant filed an Answer to the Complaint. On October 10, 2022, Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions (“Motion”). The Court granted Plaintiff's Motion and request for sa...

Excerpt: ...ther 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 Bre...

Excerpt: ...mplaint. Plaintiff filed a First Amended Complaint on April 8, 2019. Thus, the Court placed the Demurrer off calendar as moot on April 19, 2019. (4-19-19 Minute Order.) On May 24, 2019, Defendant Cheng & Associates filed another Demurrer to the First Amended Complaint. On June 14, 2019, pursuant to Plaintiff's request, the Court dismissed Defendant Cheng & Associates with prejudice. (6-13-19 Request for Dismissal.) On July 23, 2019, Defendant Mao...

Excerpt: ...uest 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”). No opposition has been filed. II. Request for Judicial Notice Plaintiff requests that the Court take judicial notice of the following documents in the case: 1) Exhibit 1 – Plaintiff's Request for Admissions propounded on Defendant...

Excerpt: ... 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 Court ...

Excerpt: ...) Plaintiff compensated the insured for claimed damages in the amount of $13,708.61 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 3-4.) On May 7, 2021, default was entered against Defendant; however, default was vacated on June 2, 2021, pursuant to the stipulation of the parties. (5-7-21 Request for Entry of Default; 6-2-21 Stipulation and Order.) Defendant filed an Answer to the Complaint on July 6, ...

Excerpt: ...atain and Universal Auto. (8-5-22 Request for Entry of Default.) Default judgment was entered for Plaintiff and against Defendants in the amount of $5,161.10 on August 29, 2022. (8-29-22 Default Judgment.) On February 23, 2023, Plaintiff filed a Memorandum of Costs After Judgment. On March 3, 2023, Defendants filed a Motion to Vacate Default and Default Judgment. Plaintiff filed an Opposition on March 6, 2023. On April 11, 2023, the Court found t...

Excerpt: ...ompel Arb. ¶¶ 7-8; Ex. B.) LACB served Respondent with the Petition and Respondent filed a Reply. (Ibid. at ¶¶ 9-10.) Lawrence H. Jacobson was appointed as the Arbitrator and the arbitration hearing was set for June 16, 2022. (Ibid. at ¶¶ 10-11.) On May 16, 2022, Respondent notified the Arbitrator and Petitioner that she refused to participate in the arbitration. (Ibid. at ¶ 12.) On July 12, 2022, Petitioner filed a Petition to Compel Arbi...

Excerpt: ...idual 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 Answer ...

Excerpt: ...tion to Quash Service of Summons (“Motion”). No opposition has been filed. II. Legal Standard “‘Service of process, under longstanding tradition in our system of justice, is fundamental to any procedural imposition on a named defendant.' [Citation.]” (AO Alfa‐Bank v. Yakovlev (2018) 21 Cal.App.5th 189, 202.) “To establish personal jurisdiction, compliance with statutory procedures for service of process is essential.” (Kremerman v...

Excerpt: ...ion and Production of Documents. Plaintiff Mitra Shayesteh is ordered to submit verified responses, without objections, to Form Interrogatories (Set One) and Demand for Inspection and Production of Documents (Set One) within ten (10) days of notice of this Order. The Court also grants Defendants' request for monetary sanctions in the amount of $455.34 for each discovery motion, for a total of $910.68. ANALYSIS: I. Background On January 23, 2023, ...