Excerpt: ...ition Papers: No Oppo Reply: No Reply RELIEF REQUESTED¿ Defendant, Jay Uhm, makes a special appearance to move the court to Set Aside Default entered against Defendant on the ground that Plaintiffs failed to properly serve Summons on Defendant and Defendant had no actual knowledge in regard to Plaintiffs' Request for Default/Default Judgment. Moreover, as noted fully in the concurrently filed Motion to Quash Summons, Uhm claims there was no prop...

Excerpt: ...S 1-30 TENTATIVE RULING DEMURRER & MOTION TO STRIKE Moving Party: Defendants, Robert D. Heinrich, CPA, an individual (Robert); Robert D. Heinrich C.P.A., Inc., a California Corporation (CPA Inc.), and MMAP Services, Inc., a California corporation (MMAP) [All three Defendants collectively referred to as Defendants] Responding Party: Plaintiffs, GC-8; San Clemente Beach Country Club; Shorecliffs Golf Management; Sean Leong; Allison Lee Proof of Ser...

Excerpt: ...ice Timely Filed (CRC Rule 3.1300):Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok Moving Papers: Motion; Decl. Mari F. Henderson; Proposed Order; Separate Statement; Notice of Lodging Under Seal; Joint Stipulation and Protective Order; Opposition Papers: Opposition; Separate Statement; Jane E. Reilly Declaration [ Only document not filed under seal ] Reply Papers: Reply; Supplemental Separate Statement; Notice of Lodging Under Se...

Excerpt: ...ted Moving Papers: Motion; Donahue Declaration; Chobanian's Notice of Lodging Exhibit F; Separate Statement; Proposed Order; Proof of Service; Proposed Judgment Opposition Papers: Opposition; Separate Statement; Declarations in Support of Opposition Reply Papers: Reply 75/80 Days Under 437c(2), notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If t...

Excerpt: ...oposed Order Trial Date : 05/01/2023 – thus, the Discovery cutoff may moot this motion. CCP 2024.020. Court will hear argument. RELIEF REQUESTED Plaintiffs, Arman Yegiyants and 10415 Commerce LLC move for an order compelling Fares Salman Abassi, a non-party, to produce documents and to appear at his deposition. Plaintiffs move on the grounds that Abassi was served with (A) a subpoena to produce documents on February 7, 2023 (Records Subpoena) a...

Excerpt: ...Papers: Motion; Separate Statement; Proposed Order; Cronin Declaration Opposition Papers: Oprxisition; Pakbaz Declaration Reply Papers: Reply; Cronin Declaration RELIEF REQUESTED Defendant: Ford Motor Company, moves for an order comrrllmg åurther responses to Special Interrogatories: Set One: 2: 3: 4: 9: 11: 13: 14: 16: 17: 18: 23: 33: 34: 35: 36: 38: 48: 49, 51, 52, 54, 57, and 58 within 14 days of the Court's order. Defendant moves pursuant to...

Excerpt: ...ration; Supplemental Robinson Declaration Opposition Papers: No Opposition Reply Papers: No Reply Submitted RELIEF REQUESTED Plaintiffs move the Court for an order compelling Defendant, Anupam Patel, to åurther responses to Special Interrogatories, Set One, Nos. 1-4, 8, 11-15, 17, 18. Plaintiffs move under ccp Plaintiffs request monetary sanctions against Defendant Anupam Patel and counsel, Adli Law Group: P_C_, and in of Plaintiffs in the sum o...

Excerpt: ...ed cccp 10050)): 0k Proper Address: 0k RELIEF REOUESTED Plaintiffmoves for an order to strike Defendant' s objections and compel fi_lrther responses to Plaintiffs Request for Production of Documents, Set One, number 3, 5, g, 16, 17: 18: 22: 24: 29: 30: 31: 32: 33, 34, 35, 36, and 37. Plaintiffbrmgs this motion pursuant to CCP 52031.310 and 2031.320 on the grounds that Defendant failed to provide adequate responses. PROCEDURAL 45 Days Unless notic...

Excerpt: ...on of Hratchia Bardakjian; Separate Statement; Declaration of Clay Wilkinson; Opposition Papers: Opposition; Declaration of Arman Yeglyants; Declaration of Bart Baggett; Declaration of Sylvie Merzian; Separate Statement; Declaration of Henry S. David; Request for Judicial Notice Reply Papers: Reply; Objections to Merman Declaration; Hratchia Request for Judicial Notice; Objections to Yegiyants Declaration; Hratchia's Response to Plaintiffs Separa...

Excerpt: ...d (CCP 1005(b)) 0k Proper Address: 0k Moving Papers: Motion; Proposed Order; Gallagher Declaration; Request for Judicial Notice Opposition Papers: Opposition; Jacobson Declaration Reply Papers: Reply RELIEF REQUESTED Defendant moves the Court for judgment on the pleadings as to Plaintiff s first, second, and third causes of action. BACKGROUND Plaintiff filed a Complaint on 07/26/2022 alleging three causes of action: (1) Violation of Song- Beverly...

Excerpt: ... 16/21 Court Days Lapsed (CCP 10050): 0k Proper Address: 0k Opposition submitted. No reply submitted Moving Papers: Motion; Proposed Order Opposition Papers: Opposition RELIEF REQUESTED Defendant: NILS moves the Court to sustain a demurrer to all causes of action as stated on Plaintiffs First Amended Complaint (FAC)_ The demurrer is based on CCP 5430.40 and 430.10 as follows: 1 _ Plaintiffs First Amended Complaint in its entirety on the grounds t...

Excerpt: ...o the first amended complaints second cause of action for medical battery. BACKGROUND: The operative pleading is the first amended complaint ("FAC") filed on January 5, 2023 by Plaintiffs Marta Santos Tobar, etal. ("Plaintiffs") against Defendants Rodolfo Quintero, et al. ("Defendants"). The FAC alleges three causes of action: (1) medical negligence; (2) medical battery; and (3) loss of consortium. Plamtiff Tobar's second cause of action for batt...

Excerpt: ...ed (CCP Proper Address: 0k Oppo and reply submitted. RELIEF REOUESTED Defendant: Los Angeles County Metropolitan Transportation Authority, filed the instant demurrer pursuant to CCP 5430.10 et seq. on the following grounds Plaintiffs First Cause of Action fails to state facts sufficient to constitute a cause of action against Defendant: is uncenain, and is duplicative of Plaintiff s Second Cause of Action. Plaintiff s second cause of action fails...

Excerpt: ...ts stated they do not think it would be unduly burdensome on the Court to address the matters together. Therefore, this Court will address both motions in a singular ruling.] Moving Party: Defendants, Karim Boumajdi aka Kevin Boumajdi and Tesla Reseller Group, Inc. a Call forma corporation Responding Party: Plaintiff Peter Oliver Opposition and Reply submitted. Moving Papers: Karim Boumajdi's motion; Boumajdi s proposed order; Tesla Reseller Grou...

Excerpt: ...tion; Plaintiffs Request for Judicial Notice; Plaintiffs Separate Statement; Anum Arshad Declaration Opposition Papers: Opposition; Michael R. Carey Declaration; Objection to Separate Statement; Ryan A. McCarthy Declaration Reply Papers: Reply; Arshad Declaration RELIEF REOUESTEDa-c Plaintiff Justine Hsu: moves this Coun for (1) For issue sanctions against Tesla, establishing that prior to the subject incident: July 6, 2019, Tesla was on notice o...

Excerpt: ...wing orders: (1) Compelling Defendant and Cross-Complainant MS Electrical Distribution: Inc. DBA Bees Lighting ("Bees Lighting") to serve verified answers: without objection, to Fonn Interrogatories (Set Number One), within five (5) days of the hearing of this Motion; (2) Compelling Bees Lighting to serve verified answers, uithout objection: to Special Interrogatories (Set Number One), within five (5) days of the hearing of this Motion; (3) Compe...

Excerpt: ...ct Address (CCP SS 1013, 1013(a)): 0k 16/+5-day lapse (CCP 51005): 0k RELIEF REQUESTED: An order to compel Defendant Shiraz Rental to provide amended responses to the Requests for Production, Set 4. An order imposing monetary sanctions against Defendant Shiraz Rental and its counsel of record in the amount of $1,410.00 for Requests for Production. An order to compel Defendant Shiraz Rental to provide amended responses to Special Interrogatories, ...

Excerpt: ...; Proposed Order Opposing Papers: Opposition; Hamblin Declaration Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed (CCP 10050) 0k Proper Address: 0k ccp S12904 ' 'A copy of the petition and a written notice of the time and place ofthe hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petiti...

Excerpt: ...16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address:Ok CCP S12904 ' 'A copy of the petition and a written notice of the time and place ofthe hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice." (CCP "If the arbitration agreement does not provide the manner in which such service shall be made and the person on whom...

Excerpt: ...e; Declaration of Camran Pakbaz Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed cccp 1005(b)) 0k Proper Address: 0k CCP S12904 ' 'A copy of the petition and a written notice of the time and place ofthe hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice." (CCP "If the arb...

Excerpt: ...Oppo and Reply Submitted) Moving Papers: Demurrer; Dailey Declaration; Request for Judicial Notice Opposition Papers: Opposition Reply Papers: Reply Proof ofService Timely Filed (CRC Rule 3.1300): 0k 16/21 Court Days Lapsed (CCP 10050): 0k Proper Address: 0k RELIEF REQUESTED Defendants: HSBC Bank USA National Association, as Trustee for the Cenificate Holders of Deutsche Alt-A Securities Mortgage Loan Trust: Series 2007-0A3 and National Default S...

Excerpt: ...Motion/Motion; Separate Statement; Carey Declaration; Proposed Order Opposition Papers: Opposition; Separate Statement; Slavik Declaration; Notice of Errata Reply Papers: Reply; Separate Statement; Tesla's Objections to Slavik Declaration 75/80 Days Under 437c(2), notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, th...

Excerpt: ...er awarding her attorney fees, costs, and expenses, in the total amount of: $162,432.31, including: (1) $94,148.00 in incurred attorney's fees with a 1.5 time multiplier (for a total of $148,722.00); (2) an additional $5,000.00 for Plaintiff counsel's to review Defendant's Opposition, draft the Reply brief, attend the hearing on this Motion, draft an opposition to Defendant's anticipated motion to tax costs, and attend the hearing thereto (though...

Excerpt: ...005(b)): Ok Proper Address: Ok Moving Papers: Notice of Motion/Motion; Proposed Order; Opposition Papers: Opposition; Amarkarian Declaration Reply Papers: Reply; Objection to Amarkarian's Declaration RELIEF REQUESTED Defendant, Ford Motor Company, moves for an order for judgment on the pleadings as to Plaintiff's action. Defendant moves under CCP §438. BACKGROUND Plaintiff filed a complaint on 06/16/2022 alleging three causes of action: (1) Viol...

Excerpt: ...ia Declaration; Proof of Service; Request for Judicial Notice; Proposed Order Opposing Papers: Opposition; Pakbaz Declaration Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok The Reply points out that the Opposition was untimely; however, the Court will still consider the untimely Opposition. CCP §1290.4 “A copy of the petition and a written notice of the time ...

Excerpt: ...): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok Moving Papers: Notice of Motion; Motion; Separate Statement; Nina Hirsch Declaration Opposition Papers: Defendant's joint Opposition; Separate Statement; Gary K. Brucker Jr. Declaration Reply Papers: No Reply Submitted RELIEF REQUESTED Plaintiff, Felicitas Debt Fund, LP, moves the Court for an order compelling Defendant, Opus Fund Services (USA) LLC (Opus) to provide further Form ...

Excerpt: ...C., a California corporation; GAIL COOPER, individually and Trustee of the G.S. Cooper Living Trust; and ROES 1-50 TENTATIVE RULING ON MOTION TO STRIKE Moving Party: Defendants, Kathco Inc. dba KSM Construction; Kevin Holczer (Kevin), and Tracy (Tracy) Holczer Responding Party: Plaintiff, Gail Cooper Opposition Submitted, No Reply submitted. Moving Papers: Notice of Motion/Memo; Proposed Order Opposition Papers: Opposition Reply Papers: No Reply ...

Excerpt: ...mbined opposition was submitted to oppose both moving party's motions.] RELIEF REQUESTED¿ Defendant/Cross-Complainant, JCP, moves this Court to enforce the business records subpoena to Citibank, N.A. (Citibank) over the objections of Hakob Galadjian The motion is made pursuant to the provisions of Code of Civil Procedure sections 1985.3, 1987.1 and upon the grounds that Citibank was duly served with a deposition subpoena for business records, bu...

Excerpt: ...Authority (Metro) moves the Court for an order compelling Plaintiff, Orlando Price, to attend a subsequent deposition. Defendant alleges as follows in its notice of motion, “This motion is brought pursuant to Code of Civil Procedure section 2025.610, on the ground that good causes exist for the subsequent deposition. The initial deposition of Plaintiff occurred on September 1, 2021. On October 1, 2021, Plaintiff served Metro's counsel his first...

Excerpt: ...urt Days Lapsed (CCP 1005(b)): Ok Proper Address: Yes/No – The email address on the proof of service for the motion differs from the email address on file with the Court. However, it appears as if Plaintiffs received this motion because Plaintiffs filed an Opposition. Moving Papers: Notice of motion/motion; Declaration of Abigail White; Proposed Order Opposition Papers: Opposition; Declaration of Sarah E. Pfeffer Reply Papers: Reply; Declaratio...

Excerpt: ...Notice of Demurrer/Memo; Declaration of Sasha Bassi Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: No – The proof of service of the instant motion alleges service by electronic transmission. The email address on the proof of service that Defendant served Plaintiff at was “e- [email protected]”. However, on eCourt, Plaintiff's counsel's email address is listed as “kjaco...

Excerpt: ...N TO STRIKE Moving Party: Defendants, Loma Vista Investment LLC, a Limited Liability Company, and Albert Ahdoot, an indiv. Responding Party: Plaintiff, CJ Prime Investment, LLC (Oppo and Reply Submitted) Moving Papers: Notice of demurrer/memo; Request for Judicial Notice Opposing Papers: Opposition Reply Papers: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok RELIEF REQUESTED ...

Excerpt: ...Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Uncertain The notice of this motion was allegedly served on Plaintiff's counsel and the non-party, Badalyan Group, Inc. As to service of this motion on Plaintiff's counsel it is uncertain if it was served on the proper address for two reasons. As to alleged service by email, the instant motion was served on Arsine Grun at “[email protected]” and a copy to “[email protected]” ; h...

Excerpt: ...ted. Moving Papers: Motion Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant requests as follows, “Defendant, Robert Yepremian, will, and does hereby, move for an order granting Defendant his reasonable attorney's fees in the sums set forth in the attached Declaration of Raymond Hovsepian or as reasonably fixed by the court, and for an order vacating and setting aside Plaintiff's voluntary dismissal of this action. Th...

Excerpt: ...IM, indiv; DHS CONSTRUCTION GROUP, INC., a California corporation dba REVAMP v. BYUNGJAE KWON, indiv; AHYOUNG KIM, indiv; TK CONSTRUCTION & DESIGN, INC. a California Corporation, and DOES 1-50 TENTATIVE RULING ON DEFENDANTS' DEMURRER & MOTION TO STRIKE Moving Party: Defendants, Yong Cheoll Kim (Kim) and Newgen Homedeco, Inc. (Newgen) (collectively Defendants.) Responding Party: Plaintiffs, Terry Kim and Hyunhee Choi (Plaintiffs) Proof of Service ...

Excerpt: ...ENTATIVE RULING ON MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION Moving Party: Defendant/Cross-Complainant, Automated Systems America, Inc. (ASAI) Responding Party: No Opposition submitte d Moving Papers: Notice of Motion/Motion; Separate Statement; Proposed Order; Vescera Declaration No Opposition papers submitted. Notice of Non-Opposition submitted by ASAI. Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lap...

Excerpt: ...urt Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok Moving Papers: Motion; Proposed Order; Linhardt Declaration; Separate Statement; Request for Judicial Notice Opposition: Opposition of Non-Party Kevin Kelley Reply: Request to Strike Untimely Opposition; Supplemental Linhardt Declaration The Court considers all moving, opposing, and reply papers. RELIEF REQUESTED Intervenor, Empire Fire and Marine Insurance Company will and herby does move for ...

Excerpt: ...tement; Proposed Order; Sogoyan Declaration Opposition Papers: Memo; Separate Statement Reply: Reply Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok RELIEF REQUESTED Plaintiff, Mark W. Ossola, moves for an order to strike Defendant's objections and compel further responses to Plaintiff's Request for Production of Documents (RPD), Set One, numbers 5, 6, 10, 11, 13, 14, 17, and 19-37....

Excerpt: ...x Linhardt Declaration; Request for Judicial Notice; Proposed Order [Notice of Joinder filed 1/20/23 by Defendant, The Estate of Izat Murataliev, to join in the motion of Intervenor.] Opposition Papers: Opposition. Reply Papers: Reply; Supplemental Declaration of Alex Linhardt Preliminary Procedural Matters Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Opposition argues that the instant motion was u...

Excerpt: ... Alehverdian, indiv; Travis Alehverdian, a minor by and through his guardian, Serjik Alehverdian (collectively Plaintiffs) Opposition submitted; Reply submitted late, and the Court will still consider the Reply, Notice of untimely Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok RELIEF REQUESTED Defendants move to compel further responses from all Plaintiffs to Form I...

Excerpt: ...s: Motion; Vanessa J. Oliva Declaration; Proposed Order Opposition Papers: Memo; Cameron Major Declaration Reply Papers: Reply RELIEF REQUESTED Plaintiff moves to compel Defendant to designate and produce for deposition, its Person(s) Most Qualified (PMQ) on all categories identified in Plaintiff's Amended Notice of Deposition of the Person Most Qualified for General Motors, LLC and Demand to Produce Documents at Deposition (Deposition Notice) an...

Excerpt: ... No Reply. Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok Moving Papers: Motion; Declaration of Katherine J. Vescera; Proposed Order; Declaration of John T. Steely Reply Papers: Notice of Non-Receipt of Opposition RELIEF REQUESTED Defendant/Cross-Complainant, Automated Systems America, Inc. (Defendant or ASAI) moves this Court for an order granting ASAI leave to take subsequent dep...

Excerpt: ...en served. Proper Address: No, no proof of service RELIEF REQUESTED Defendant, Grigor Vardanyan moves for the Court to vacate the default judgment entered in this case. BACKGROUND The 08/26/2022 Minute Order of the hearing herein on Defendant Vardanyan's previous motion to set aside/vacate the default judgement states as follows: “The matter is called for hearing. The Court provides the following tentative ruling: Tentative ruling on Defendant'...

Excerpt: ...s: Notice of Motion; Memo; Request for Judicial Notice; Brucker Jr. Declaration Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant, Opus, moves for judgment on the pleadings and requests the Court dismiss Plaintiffs' SAC in its entirety. Opus' Motion is made pursuant to California Code of Civil Procedure §§ 438(b)(1), 438(c)(1), and 389 because Plaintiffs failed to join indispensable party Kroll, LLC (F/K/A Duff & Phel...

Excerpt: ...y: Chase Fire Protection, Inc. – No Opposition No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)):Ok Proper Address: Ok. The instant motion seeking an order compelling further responses to RPD's to Chase Fire Protection was served by U.S. Mail to Daniel J. Goularte, Chase Fire Protection, Inc., Yeny Carillo-Padeh, and Nadav Padeh. On 9/8/2022, three “Substitution of Attorney” documen...

Excerpt: ...endants”) Responding Party: Cross-Complainant, Stockpile Property Ventures, LLC (Stockpile) Proof of service timely filed (CRC 3.1300(c)): Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Moving Papers: Notice of Motion/Memo; Separate Statement; Declaration of Jeremy T. Katz; Index of Evidence in Support of MSJ; Request for Judicial Notice Opposition Papers: Memorandum in Opposition; Separate Statement of Disputed and Undisputed Material Facts; ...

Excerpt: ...155,955.00. [Such amount consists of a) $60,382.00 in attorney fees for Consumer Law Experts, P.C.) a 1.50 multiplier enhancement (or $90,573.00) on the total attorneys' fees; and c) an additional $5,000.00 for Plaintiff's counsel to review Defendant's Opposition, draft the Reply brief, and attend the hearing on this Motion (though Plaintiff's counsel expects to spend well over ten hours on these).] This Motion is made on the grounds that Plainti...

Excerpt: ...Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok RELIEF REQUESTED Defendant, Los Angeles County Metropolitan Transportation Authority, a Public Entity, demurs to Plaintiff's First Amended Complaint (FAC) pursuant to CCP §430.10, et seq. on the following grounds: 1. The filing of Plaintiff s FAC was procedurally defective as Plaintiff failed to serve Metro and attach a proof of service at the...

Excerpt: ...arkis Tchakian Proof of Service Timely Filed (CRC Rule 3.1300): Ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok Proper Address: Ok Opposition (untimely ), and Reply Submitted. Reply accurately points out that the Opposition is untimely. The Court will still consider the Opposition. RELIEF REQUESTED Plaintiff moves the Court for an order (1) compelling third-party witness Sarkis Tchakian to appear for deposition pursuant to a subpoena served on Novem...

Excerpt: ...s- Defendant/Plaintiff.] Moving Party: Cross-Defendant/Plaintiff, So Moon Kim Responding Party: No Opposition submitted Proof of service timely filed (CRC 3.1300(c)): Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Moving Papers: Notice of motion; Memo of points and authorities; separate statement; Wilson H. Park Decl.; Clark Anthony Braunstein Decl./Exhibits (380 pages); Clark Anthony Braunstein Decl./Exhibits (3 pages); Elizabeth Wells Decl./Ex...

Excerpt: ...ed (CCP 1005(b)): Ok Proper Address: Ok Opposition and Reply Submitted. RELIEF REQUESTED Plaintiff moves for an order compelling the deposition of Defendant's Person Most Qualified (PMQ) and document production at deposition as specified in Plaintiff's deposition notice. Plaintiff makes the instant motion on the following grounds: CCP §2025.010, 2025.230, and good cause. BACKGROUND This action stems from Plaintiff's allegations that he was injur...

Excerpt: ...neteenth affirmative defenses in the Defendants' answer on grounds that each affirmative defense does not state facts sufficient to constitute a cause of action. Procedural 16/21 Day Lapse (CCP §12c and §1005(b):Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): Ok Opposition and Reply submitted. BACKGROUND On 10/24/2022, Plaintiff filed a complaint alleging a cause of action for negligence against De...

Excerpt: ...ectronically, but the POS doesn't state the electronic address. Further, the POS states the Opposition papers were served by mail, and there could be an issue with the mailing address as noted in the Analysis section below with respect to service of the responses themselves.] RELIEF REQUESTED¿ Plaintiff, Sanda Oswald, moves this Court for an order establishing admissions as to the truth of each matter specified in the first set of requests for a...

Excerpt: ...: No Opposition A Notice of Non-Opposition to Motion for Leave to Intervene was submitted. RELIEF REQUESTED¿ Intervenor, La Crescenta Chapter of the Armenian Cultural Foundation, moves the Court for an order granting Intervenor leave to intervene in this action. This motion is made pursuant to CCP sections 387 and 527 on grounds that: (1) Intervenor is a necessary and indispensable party to this action in that Intervenor claims a direct interest...

Excerpt: ...rsement of costs. [As a preliminary matter, neither the caption of the motion nor the cover page of the notice of motion states how much money Plaintiff is moving for in total. Further, the declaration of Diamse doesn't state how much Plaintiff is moving for in total. The Diamse declaration states how much Plaintiff is seeking in attorneys' fees plus costs, but the Diamse declaration does not mention how much Plaintiff seeks with the addition of ...

Excerpt: ...e (CCP §12c and §1005(b): Ok Proof of Service Timely Filed (CRC, Rule 3.1300): Ok Correct Address (CCP §1013, §1013a): No – The instant motion to set aside default, memorandum of points and authorities, and declaration of Mason Yost was served via email to “[email protected]”. On eCourt, the email address for Plaintiff's counsel is listed as “[email protected]”. However, since Plaintiff filed an Opposition, it appears as i...

Excerpt: ...UESTED: Defendant, Tricia Halamandaris, moves for an order pursuant to CCP §2025.450 compelling Plaintiff, Brigitte Bergman, to attend and testify at oral deposition. Defendant moves the Court for an order imposing monetary sanctions in the amount of $1,989.95 against Plaintiff for the court reporter costs for the two missed depositions, for the reasonable attorney fees and the cost of this motion incurred by Plaintiff's refusal to appear for or...

Excerpt: ...nts, Bank of America, N.A.; PRLAP, Inc.; U.S. Bank National Association, as Trustee of Banc of America Mortgage 2008-A Trust, Mortgage Pass-Through Certificates, Series 2008-A; Specialized Loan Servicing, LLC Proof of service timely filed (CRC 3.1300(c)): Ok Correct Address (CCP §§ 1013, 1013(a)): Ok Moving Papers: Notice of Motion and Memo; Vahe Alek Saginian Declaration; Proposed Order; Request for Judicial Notice; Ryan Hemar Declaration; Sep...

Excerpt: .../21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Moving Papers: Motion; Decl. Nelson; Proposed Order Opposition Papers: Opposition Reply Papers: Reply; Second Decl. Nelson RELIEF REQUESTED Defendant, Palm Deluxe Partners, LP moves the Court for an order granting leave to file a cross- complaint against Plaintiffs/Proposed Cross-Defendants Serjik Alehverdian, Mineh Abrahimi, and proposed Cross-Defendant Loris Nersissian to recover unpaid...

Excerpt: ...] Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Cross-Defendants Century 21 Allstars , Inc ., Louis Chavez , and Gabriela Salazar (collectively “Brokers”) seek an order striking the following portions of Stockpile's Cross-Complaint: 1. Stockpile's vague, conclusory, and improper request for punitive damages as to Century 21 Allstars, Inc . is illegitimate, imp...

Excerpt: ...y Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok – Opposition attempts to argue that this motion is untimely, but Opposition incorrectly says that two court days must be added to service when in fact only two calendar days must be added . Proper Address: ok (Opposition and Reply Submitted.) RELIEF REQUESTED Plaintiffs, Steven Spinoglio and Denise Amato-Spinoglio, Co-Trustees of the Spinoglio Family Trust (collectively “...

Excerpt: ...: Opposition; Decl. Michael R. Carey; Separate Statement Reply: Reply; Decl. Holly Thomas RELIEF REQUESTED Plaintiff, Justine Hsu, moves for an order compelling Defendant, Tesla, Inc. to further respond to Special Interrogatories, Set Two, No. 15. Plaintiff requests sanctions against Tesla and in favor or Justine in the sum of $5,122.50 pursuant to CCP §2023.030(a) and (c), 2023.010(d), (e), (f), (g), (h), and 2030.300. This motion is brought pu...

Excerpt: ...y Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Defendant, GlenMed, demurs pursuant to CCP §430.10 et seq. to the following causes of action on the following grounds: 1. First Cause of Action for Breach of Written Contract as it is fatally uncertain and fails to state facts sufficient to state a cause of action and is therefore subject to demurrer unde...

Excerpt: ...] Responding Party: Plaintiff, Tracey Baumert (Oppo and Reply Submitted) Moving Papers: Memo Demurrer; Memo Motion to Strike; Decl. Steven M. Dailey; Request for Judicial Notice Opposition Papers: Opposition to demurrer Reply Papers: Notice of Non-Opposition to Motion to Strike; Reply to Demurrer Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Loan Defendants demur ...

Excerpt: ...tem N.K. Opposition submitted; Reply submitted late [The Court will still consider the late Reply.] Moving Papers: Motion; Separate Statement; Declaration of Nancy P. Doumanian with Exhibits; Proposed Order Oppo Papers: Memorandum of Points and Authorities; Response to Separate Statement and Plaintiff's additional undisputed material facts; Declaration of Lawrence D. Marks and Exhibits; Declaration of N.K. and Exhibits in Opposition; Index of Evi...

Excerpt: ...C., a California corporation; and DOES 1-30 TENTATIVE RULING ON DEMURRER AND MOTION TO STRIKE TO FAC Moving Party: Defendants - Robert D. Heinrich, CPA, an individual (“Robert”); Robert D. Heinrich, C.P.A., Inc., a California corporation, (“CPA, Inc.”) and MMAP Services, Inc., a California corporation (“MMAP”) Responding Party: Plaintiffs – GC-8, LLC; San Clemente Beach Country Club; Shorecliffs Golf Management, Inc.; Sean Leong; an...

Excerpt: ...ACIC”) Responding Party: No Opposition submitted No Reply submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): Ok – served exactly 21 days before hearing; 16 Court days plus five calendar days. (See CCP §1005(b).) Proper Address: ok RELIEF REQUESTED Plaintiff, American Contractors Indemnity Company moves for an order compelling Defendant, Chase Fire Protection to provide further responses to Pl...

Excerpt: ...g Papers: Motion; Decl. Donald H. Slavik; Plaintiff Separate Statement; Notice of Lodging Confidentially under Seal Decl. of Anum Arshad; Decl. Anum Arshad; Opposition Papers Tesla: Opposition; Decl. Michael R. Carey Opposition Papers Non-Party Mobileye Inc.: Opposition; Reply to Separate Statement; Decl. Michael Hanada; Decl. Gaby Hayon; Decl. John H. Gray; Proof of Service Reply: Combined Reply to Non-Party and Tesla RELIEF REQUESTED Plaintiff,...

Excerpt: ...ove the Court for an order quashing Empire's subpoenas issued to the following facilities: 1. T-Mobile USA, Inc., 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833 2. AT&T Mobility, LLC., 330 North Brand Blvd., Suite 700, Glendale, CA 91203 3. Verizon Cellco Partnership dba Verizon Wireless, 180 Washington Valley Road, Bedminster, NJ 07921 This motion is brought pursuant to CCP §1985.3, 1987.1, 2017.020, 2025.410, and 2025.420. Procedural...

Excerpt: ...Khaled A. Tawansy moves the Court to compel the deposition of Cross- Defendant Franciska K. Von Andrassy and sanctions in the amount of $3,435.00. The instant motion is made pursuant to CCP §2025.010 (an inapplicable code section). Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): No – See Analysis BACKGROUND General Background According to the Co...

Excerpt: ... of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok - At the time of service on September 1, 2022, Plaintiff's attorney was still Ronald A. Norman, and this motion was served to Ronald A. Norman. However, it appears that on September 5, 2022, Plaintiff Tracey L. Baumert decided to represent themself. This substitution of attorney was recorded with the Court on 09/15/2022. RELIEF REQUESTED¿ Defendant, Bank of...

Excerpt: ...rson independent psychological examination (IME) with the defense examiner. BACKGROUND The instant case pertains to the alleged sexual abuse of a minor that occurred at Defendant's school. MOVING ARGUMENTS Moving Defendant argues that an independent mental examination should be conducted of Plaintiff because mental/emotional conditions are at issue in this case. Defendant requests Dr. Eraka Bath to conduct this mental examination. According to mo...

Excerpt: ...d Reply Submitted Proof of service timely filed (CRC 3.1300(c)): ok Correct Address (CCP §§ 1013, 1013(a)): ok Moving Papers: Notice of Motion for summary adjudication; memorandum of points and authorities; separate statement of undisputed material facts; declaration of Shant N. Nashalian; declaration of Stephen Samuel; Proposed Order; Statement of Evidence. Opposition Papers: Opposition; Evidentiary objections to the declarations of Stephen Sa...

Excerpt: ...e 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Plaintiff moves pursuant to CCP §438 for entry of judgment on the pleadings per the complaint for the amount set forth in the complaint plus costs in favor of Plaintiff and against Defendant, Heros Gharibian. Plaintiff moves on the ground that the complaint states facts sufficient to constitute a cause of action and because matters in request for admis...

Excerpt: ... and Reply submitted. Reply says the Opposition is late; however, the Court still considers the opposing papers. Moving Papers: Notice of Motion and motion for award of attorneys' fees; Dowdall Declaration; Broersma Declaration; O'Neill Declaration; Request for Judicial Notice Opposition Papers: Bradley Barnes' and Babbb LLC's opposition; Evidentiary objections to Dowdall Declaration; Share Declaration; Zepeda Declaration Reply Papers: Reply; Res...

Excerpt: ...STRIKE Moving Party: Defendant, California Consortium of Addiction Programs and Professionals (“Defendant” or “CCAPP”) Responding Party: Plaintiff, Zack Diliberto Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Opposition and Reply Submitted. RELIEF REQUESTED- Demurrer Defendant demurs to all causes of action in the SAC for failure to state facts sufficient to constitute a c...

Excerpt: ... to the FAC on the grounds that the FAC fails to allege facts sufficient to state a cause of action. MEET AND CONFER A party filing a demurrer “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., §430.41, subd. (a).) “The parties s...

Excerpt: ...endant, Bank of America, N.A. moves the Court for an order compelling Plaintiff, Tracey Baumert, to provide verified responses, without objections, and to produce documents in response to the requests for production propounded by Bank of America on Plaintiff, and for sanctions of $420.00. This motion is made pursuant to CCP §2023.010, et seq. and 2031.300, et seq. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Fi...

Excerpt: ...n (“AAA”); and (2) dismiss Plaintiff's non-individual PAGA claim. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok Moving Papers Submitted: Notice of Motion; Declaration of Rosa Martinez signed September 14, 2022; Declaration of Areen Babajanian signed on September 14, 2022; Memorandum of Points and Authorities Opposition timely submitted. Op...

Excerpt: ...rty need not respond to or produce any of the requested documents. [The Court notes that Plaintiff appears to be referring to a subpoena allegedly served on August 12, 2022, and not August 16, 2022.] Plaintiff requests sanctions against Defendant in the amount of $540.00. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300): ok Correct Address (CCP §1013, §1013a): ok Defendants submitted an Op...

Excerpt: ... 1005(b)): ok Proper Address: ok Opposition and Reply Submitted. RELIEF REQUESTED Plaintiffs move pursuant to CCP §473(d) for an order vacating the amended judgment entered on May 23, 2022, on the ground that it is void, or in the alternative, under CCP §473(b) that it resulted from the mistake, inadvertence, surprise, or excusable neglect of Plaintiffs. BACKGROUND Plaintiffs here seek to set aside a Third Amended Request for an amended judgmen...

Excerpt: ...submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED 1. Plaintiff moves for an order compelling Defendant NADAV PADEH, an individual (“Defendant”) to provide further responses to Plaintiff's Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Admission (Set One), and Requests for Production of Documents (Set One), and request tha...

Excerpt: ...submitted Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED 1. Plaintiff moves for an order compelling Defendant NADAV PADEH, an individual (“Defendant”) to provide further responses to Plaintiff's Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Admission (Set One), and Requests for Production of Documents (Set One), and request tha...

Excerpt: ...tiffs”) (Opposition and Reply Submitted) Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok RELIEF REQUESTED Defendant moves to strike the First Amended Complaint on the grounds that the following language references to intentional conduct, attorneys' fees, and punitive damages lack support 1. Paragraphs 17, 19, 20, 21, and 37 of the FAC in their entirety a. ¶17 states, “By intent...

Excerpt: ...ire”) Responding Party: Plaintiff, Donara Grigoryan Opposition/Reply “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.” (CCP §1005(b).) Here, the Opposition was submitted late. The Opposition was served by email on September 19, 2022, and nine court days before the instant hearing would have been ...

Excerpt: ...EAR INC., a Nevada corporation fka IPTV INTERNATIONAL, INC; TV PRO GEAR, INC., a Nevada corporation TENTATIVE RULING ON CROSS DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION Moving Party: Cross-Defendants, TV Pro Gear, Inc. (“TVPG”) and Andrew Maisner (“Maisner”) (Collectively Cross-Defendants) Responding Party: Cross-Complainant, Navinoga Productions Opposition and Reply Submitted Proof of service timely filed (CRC 3.1300(c)): ok Correct Add...

Excerpt: ... Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Opposition and Reply Submitted RELIEF REQUESTED Defendant moves to strike the following portions of the FAC: 1. Page 2, paragraph 3, lines 4-5 (“As detailed herein, ROSALES caused significant damage to the ASSOCIATION including claims being made by owners affected by the incident”) 2. Page 3, para. 10, lines 10-20 (“ROSALES has also fail...

Excerpt: ...1-50 TENTATIVE RULING ON MOTION TO COMPEL ARBITRATION Moving Party: Plaintiff, J & A Group, LLC (“Plaintiff”) Responding Party: Defendants, BALSAMO INCOME PROPERTIES, LLC, a California limited liability company (“BIP”); SALVATORE J. BALSAMO, individually and as Trustee of the Salvatore J. Balsamo Trust dated March 22, 1994, as amended January 9, 2004 (“Balsamo”); and GOT PROPANE, INC. (“Got Propane”) (collectively “Defendants”...

Excerpt: ... Per the 8-11-2022 Minute Order: Proof of Service Timely Filed (CRC Rule 3.1300): 16/21 Court Days Lapsed (CCP 1005(b)): Proper Address: Oppo submitted but no Reply submitted RELIEF REQUESTED Defendant demurrers to all causes of action in the Verified First Amended Complaint for failure to state facts sufficient to constitute a cause of action. MEET AND CONFER A party filing a demurrer “shall meet and confer in person or by telephone with the p...

Excerpt: ...ed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply Submitted RELIEF REQUESTED Plaintiffs move for an order granting Plaintiffs leave to amend the operative Second Amended Complaint (“SAC”) and to file the attached Third Amended Complaint (“TAC”). BACKGROUND ACCORDING TO PLAINTIFFS' MOVING PAPERS Plaintiffs' house sits on a hillside above the house of their downslope neighbors, defendant...

Excerpt: ...EF REQUESTED Plaintiff moves for an order striking Defendant's objections and compelling further responses to Plaintiff's Request for Production of Documents, Set One Nos. 7, 10, 16, 18-19, 21, 36, and 38. Plaintiff's motion is made pursuant to CCP §2031.310 on the grounds that Defendant has failed to provide adequate responses to Plaintiff's requests, which seek documents directly relevant to her claims under the Song-Beverly Consumer Warranty ...

Excerpt: ...endants Joy Santos and Mel Caoili at 432 Riverside Dr., Glendale, CA 91204. On eCourt, both Defendants are listed with an address of 432 Riverdale Drive, Glendale, CA 91204. RELIEF REQUESTED Plaintiff, Sanda Oswald, demurs to the 1 st, 2 nd, 3 rd, 4 th, 5 th, 6 th, 7 th, 8 th, 9 th, 10 th, 11 th, 12 th, 13 th, 14 th, and 15 th affirmative defenses in Defendant's answer on grounds of failure to state facts sufficient to constitute a defense and al...

Excerpt: ...ys Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply Submitted (Opposition and Reply are both late but the Court in its discretion considers them both.) RELIEF REQUESTED Motion 1 – Defendants, Nick Halekakis and Megan Lorick, move for an order to quash/limit Plaintiffs' subpoena duces tecum to Lighthouse Funding Group for production of documents related to Defendants' mortgage and income information. The motion is made on the grounds t...

Excerpt: ...(CCP 1005(b)): No, the instant motion was untimely. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing… and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days.” ...

Excerpt: ...ntiff moves for an order compelling the depositions of 4 current employees of Defendant and 1 retired, former employee of Defendant (Kristina Arsenyan, Rosanne Ilarde, Beatriz Bautista, Christine Karg, and John Gonzalez) pursuant to CCP §2025.450. Plaintiff requests the Court impose a monetary sanction of $3,085.00 against Defendant and or its attorney of record, Nancy Doumanian, jointly and severally, pursuant to CCP §2025.450(g)(1). BACKGROUN...

Excerpt: ...s on file for Plaintiff's counsel. Therefore, service seems to have been executed properly. However, it is noted that the mailing address that Defendant's counsel lists on the Service List for Plaintiff's counsel is 3600 Wilshire Boulevard, Suite 1500, Los Angeles, CA 90010; whereas the mailing address that the Court has on file for Plaintiff's counsel is: 3600 Wilshire Blvd, Suite 1510, Los Angeles, CA 90010 . No Opposition submitted. Moving Par...

Excerpt: ...ce of non-opposition for each of the four instant motions. Procedural 16/21 Day Lapse (CCP §12c and §1005(b): ok Proof of Service Timely Filed (CRC, Rule 3.1300):ok Correct Address (CCP §1013, §1013a): Potential problem – each of the instant motions were served by email to “[email protected]” however on eCourt, Defense counsel is listed with an email address of “[email protected]” This Notice/service issue will be addresse...

Excerpt: ...ns Inc., Netpay Plus+ Inc., and Barbara Orem Proof of Service Timely Filed (CRC Rule 3.1300(c)): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Proper Address: ok Oppo and Reply submitted RELIEF REQUESTED¿¿¿ Plaintiff moves for orders pursuant to CCP §128, 473, 473.1, 473.5, 475, 1008 for the following statutory and equitable relief: 1. An Order setting aside and vacating the November 6, 2020, Costs Judgement in the amount of $27,635.55. 2. An ...

Excerpt: ...e same basis as a motion under Section 437c.” (CCP §1170.7.) The instant motion was served by email on June 23, 2022, and the hearing is set for July 1, 2022. Thus, this motion is timely. RELIEF REQUESTED Defendant moves for an order granting summary judgment in favor of Defendant, or alternatively, summary adjudication of Plaintiff's causes of action. BACKGROUND Plaintiff Arsen Mkerchyan filed an unlawful detainer cause of action against the ...

Excerpt: ...ted RELIEF REQUESTED¿ Plaintiff, Hyundai of Glendale LLC, moves for an order granting Plaintiff leave to amend its original Complaint for Damages to allege additional causes of action. Plaintiff moves under CCP §473 and 576 et seq. Plaintiff requests an order that the attached proposed FAC be deemed the amended and operative pleading, and that it be deemed filed and served as of the date of the motion is granted. BACKGROUND On March 9, 2022, Pl...