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