Excerpt: ...position on April 29, 2024. Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” ( Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the awa...

Excerpt: ...are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March...

Excerpt: ...ber 11, 2023. On January 12, 2024, Defendant filed the instant Motion to Vacate Default. No opposition has been filed to date. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b) and (d), and section 473.5. The Court will consider each statutory basis in turn. Code of Civil Procedure section 473, subdivision (b) Under this statute, an application for relief must be made no mor...

Excerpt: ...fendant”) on March 1, 2023. Defendant filed an answer in properia persona on March 27, 2023. On February 5, 2024, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of indemnity agreement. Plaintiff alleges that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100153718, issued...

Excerpt: ... BEING DENIED. ANALYSIS: Plaintiff Blue Moon Service Corporation (“Plaintiff”) filed the instant action against Defendant Wallis Annenberg Center for the Performing Arts (“Defendant”) on June 20, 2023. On August 17, 2023, Defendant filed an answer and cross- complaint. Plaintiff answered the cross- complaint on November 21, 2023. Plaintiff filed the instant Motion for Leave to File An Amended Complaint on February 1, 2024. No opposition h...

Excerpt: ... complaint, Plaintiff was assaulted and battered on premises owned or controlled by defendants on West Olympic Boulevard in Los Angeles on October 15, 2021. On March 29, 2024, Defendant Reserve Lofts LLC (“Defendant”) filed this motion to strike portions of Plaintiff's complaint. No opposition has been filed. Legal Standard Under Code of Civil Procedure section 435, “Any party, within the time allowed to respond to a pleading may serve and ...

Excerpt: ...E 3.3(F) WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiffs Eduardo Tiempo, Gary Rand & Suzanne E. Rand -Lewis, Professional Law Corporations (“Plaintiffs”) filed the instant action against Defendants Finchey Corporation of California dba Pacific BMW, David Ho, Arsen Dagbashyan, Sevak Adamyan, and Andy Adamyan (“Defendants”) on December 11, 2022. The action alleges causes of action for (1) breach of express contract; (2) constructiv...

Excerpt: ...against Defendant Piaggio Group Americas, Inc. (“Defendant”). The Complaint alleges a causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of Vehicle Code section 11713.13(d); and (4) relief pursuant to Vehicle Code section 11726 . Plainitff sought damages of $$12,858.57. The court granted Plaintiff's Motion for Summary Judgment on April 7, 2022. (Minute Order, 04/07/22....

Excerpt: ...OMPLAINT. ANALYSIS: Plaintiff Samara A. Weiner (“Plaintiff”) filed the instant action for recovery of COVID -19 rental debt against Defendants Century Property Management & Investment, Inc. and Deion Gerhard (“Defendants”) on July 27, 2022. Defendants filed an answer and cross -complaint against Plaintiff, Art Koomer, and Michael Koomer on November 23, 2022. Arthur Koomer and Michael also filed cross -complaints against unnamed cross -def...

Excerpt: ...s filed the instant Demurrer to the Complaint on February 29, 2024. Plaintiff filed an opposition on March 18, 2024. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Matthes Decl., ¶¶2 -4.) The Demurrer is brought on the grounds that Plaintiff lacks the legal capacity to sue, there is a defect or misjoinder of parties, the Complaint fails to state sufficient ...

Excerpt: ...'s motion for summary judgment. On March 18, 2024, Plaintiff filed a motion for leave to file the First Amended Complaint. No opposition has been filed. Legal Standard CCP § 472(a) provides “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is h eard if the amended pl...

Excerpt: ... filed the complaint in this action against Defendants Jensen Enterprises, Inc., Jensen Precast, and Does 1 through 50, asserting causes of action for premises liability and negligence arising out of inju ries Plaintiff allegedly sustained after tripping and falling on June 6, 2018, on Defendants' premises at or near 1375 West Adams in Los Angeles. On January 3, 2022, Jensen Enterprises, Inc. dba Jensen Precast (erroneously sued as separate entit...

Excerpt: ...while Plaintiff was visiting a guest at Defendant's premises, she sat on a bench, the bench collapsed, and she sustained injuries as a result. On March 30, 2022, ESAP filed its answer. On July 21, 2022, Plaintiff amended the complaint to name ESH Hospitality, Inc., as Doe 1. On September 19, 2022, Defendant ESA Management, LLC (“ESAM”), erroneously sued as Extended Stay America, Inc. and ESH Hospitality, Inc., filed its answer. On June 12, 20...

Excerpt: ... property arising out of an accident occurring on July 18, 2020. On May 25, 2022, Defendant C.R. England, Inc. and Roland Wilkinson filed a cross - complaint against California Department of Transportation and Christopher Huynh Le for (1) equitable indemnity, (2) apportionment and contribution, and (3) declaratory relief. On October 13, 2022, an amendment to the cross-complaint was filed adding Guy F. Atkinson Construction, LLC as Roe 1. On March...

Excerpt: ...ed as Costco Wholesale) (“Costco”) and “Manager Cesar” filed an answer. On August 26, 2022, Plaintiff filed a “Notice of Errata to Correct Entity Name,” stating that the correct name of “Manager Cesar” is in fact Cesar Amaral. On September 1, 2022, Cesar Amaral (erroneously sued as Manager Cesar) filed an answer. On April 3, 2023, Plaintiff filed a request for dismissal as to Cesar Amaral/Manager Cesar only. On March 8, 2024, Cost...

Excerpt: ...S SET FOR MAY 15, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kareen Rowtham (“Defendant”) on January 13, 2021. Defendant filed an answer and cross- complaint against Cross-Defen dant Cole Michael Cornan (“Cross - Defendant”). On July 13, 2022, Plaintiff filed a co...

Excerpt: ...18, Plaintiff filed a copy of its settlement agreement with Ayon with a request for dismissal and retention of jurisdiction under Code of Civil Procedure Section 664.6. The Court granted the request for dismissal with retention of jurisdiction on August 31, 2018. (Stip and Order for Settlement, 08/31/18.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement Agreement, and Enter Judgment on January 30, 2024. No opposition has...

Excerpt: ...aintiff Young Chow Dai a Vexatious Litigant on March 15, 2024. On April 5, 2024, Plaintiff filed an opposition. No reply has been filed as of date. Discussion Vexatious Litigant Code of Civil Procedure Section 391, subdivision (b), defines a “vexatious litigant” as a person who, “[a]fter a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity ...

Excerpt: ...onnie Perez aka Ron Perez dba Ron's Cr ete Construction adba Ron's Construction (“Defendant”) on January 30, 2023. Perez Defendants filed the instant Answer on April 25, 2023. Plaintiff filed a Motion to Compel Responses to Demand for Production of Documents, Set One and Special Interrogatories, Set One on October 3, 2023. On November 1, 2023, the Court granted the Motions to Compel Responses. Plaintiff filed the instant Motion for Terminatin...

Excerpt: ...Creditor filed the instant Motion for Assignment Order on June 21, 2023. The Motion came for hearing on September 14, 2023 and was continued for further briefing. (Min. Order, 09/14/23.) Judgment Creditor filed a supplemental declaration on Octobe r 16, 2023. The Motion was originally set for hearing on November 9, 2023 and continued with notice to November 27, 2023. (Min. Order, 11/09/23.) The hearing on December 6, 2023, the Court again continu...

Excerpt: ...iel Mehrban (Mehrban). Plaintiff t hen filed the operative First Amended Complaint (FAC) on December 20, 2023, where Plaintiff alleges five causes of action surrounding the allegations that Treehouse, Goldsmith, and Mehrban all became indebted to Plaintiff in the sum of $9,249.08. (FAC, ¶ 8-10.) The motion now before the Court is the Motion to Quash the service of Summons and Amended Complaint filed by entity Defendant Treehouse. Plaintiff oppos...

Excerpt: ...er Steigleder (Cross -Defendant) filed a Complaint alleging (1) breach of contract, (2) open book account, and (3) account stated against Defendant Garnik Badalyans (Cross- Complainant) on December 6, 2022. Cross -Complainant filed a Cross- Complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against Cross -Defendant, on January 20, 2023. On June 29, 2023, the Court sustained Cross -Defendant'...

Excerpt: ...ith (Goldsmith), and Ariel Mehrban (Mehrban). Plaintiff t hen filed the operative First Amended Complaint (FAC) on December 20, 2023, where Plaintiff alleges five causes of action surrounding the allegations that Treehouse, Goldsmith, and Mehrban all became indebted to Plaintiff in the sum of $9,249.08. (FAC, ¶ 8-10.) The two motions now before the Court are Motions to Quash the service of Summons and Amended Complaint (the Motions). The Motions...

Excerpt: ...tigation in the courts of the State of California in propria persona without first obtaining leave of the presiding judge or justice of the court where the litigation is proposed to be filed. (Code Civ. Proc., § 391.7, subd. (a).)¿ ANALYSIS: Plaintiff Xiaofu Zhang (“Plaintiff”), in pro per, filed the instant action for dental malpractice against Defendants Ravinder Steven Singh, DDS (“Defendant Singh”) and Singh Dental Corporation dba L...

Excerpt: ... Complaint against Defendants Agent Alliance Insurance Company, Juana Elvia Contreras, and Katherine Anne Yording (collecticely “Defendants”) alleging bad faith, breach of contract, and negligence. On January 26, 2024, Defendant Agent Alliance Insurance Company (“Defendant”) filed the instant motion for summary judgment. On March 28, 2024, Plaintiff filed an opposition. To date, no reply has been filed. Discussion Plaintiff alleges he ren...

Excerpt: ...or breach of contract and common counts against Defendant Wenxuan Fan (“Defendant”). Following Defendant's failure to file a responsive pleading, the Court entered their default on October 11, 2023. Default Judgment was entered on November 28, 2023. Defendant filed the instant Motion to Vacate Default and Default Judgment on March 18, 2024. Plaintiff filed an opposition on March 27, 2024 and Defendant replied on April 2, 2024. Discussion The ...

Excerpt: ... sued as Anieze Smith Queen). Defendant, in propria persona, filed the inst ant Demurrer to the Complaint on February 20, 2024. No opposition has been filed to date. Discussion Plaintiff alleges she met Defendant through church and Defendant introduced herself as a car dealer. (Compl., p. 2.) Plaintiff stated she needed a reliable car and Defendant promised to get Plaintiff a good vehicle. ( Ibid.) Plaintiff paid Defendant $9,750.00 for a 2015 Ho...

Excerpt: ...��Defendant FTS”), Felipe Tirado (“Defendant Tirado”), and Hudson Insurance Company (“Defendant Hudson”). Notice of Stay of Proceedings due to a bankruptcy filing was filed with r espect to Defendant Tirado on April 14, 2023. Default was then entered against Defendant FTS, which had not filed a responsive pleading, on April 28, 2023. On November 13, 2023, Plaintiff dismissed Defendant Hudson from the action. Plaintiff filed the instant ...

Excerpt: ...NT. RESPONDENT IS TO FILE AND SERVE AN ANSWER TO THAT PLEADING PER THE TIME REQUIREMENTS OF THE CODE OF CIVIL PROCEDURE. ANALYSIS: On October 26, 2022, Petitioner Velma Butler (“Petitioner”) filed the instant Appeal of Labor Commissioner Award against Respondent AFT College Staff Guild Local 1521A (“Respondent”). The Petition is brought pursuant to Cal. Labor Code section 98.2 and was originally assigned to an unlimited jurisdiction court...

Excerpt: ...aul P. Cheng (“Defendant Cheng”), Marsha S. Mao (“Defendant Mao”), and Law Offices of Paul P. Cheng & Associates (“Defendant Cheng & Associates”). The SAC, which arises from alleged wrongful actions in connection with a settlement agreement, alleges causes of action for: (1) accounting; and (2) fraud. On February 7, 2023, Defendant Cheng filed a motion for summary judgment (“MSJ”). On March 1, 2023, Defendant Cheng filed a motion ...

Excerpt: ...st Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denie...

Excerpt: ...(2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plaintiff passed away during the pendency of this action and a stipulation was filed allowing their succ...

Excerpt: ...Requests for Production, Set One, and Request for Sanctions, are GRANTED. PLAINTIFF TOBY LEE JONES IS TO SERVE FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, NOS. 102.8, 102.9, 102.10, 102.11, 107.1, and 120.1 AND REQUESTS FOR PRODUCTION, SET ONE, NO. 3, WITHOUT OBJECTIONS, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF T OBY LEE JONES AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $948.00 TO DEFENSE COUNSEL WI...

Excerpt: ...(the “Petition”) on June 15, 2023. The Petition initially came for hearing on October 19, 2023, at which time the matter was continued to allow Petition er to file a proof of service and notice of hearing date in compliance with the statutory requirements. (Minute Order, 10/19/23.) At the next hearing on January 18, 2024, the Court again continued the matter to March 21, 2024. (Minute Order, 01/18/24.) Petitioner filed a Proofs of Service by ...

Excerpt: ...erative Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plaintiff passed away during the pendency of this action ...

Excerpt: ...st Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denie...

Excerpt: ...H Sub I, LLC (“Defendant Internet Brands”) and Jenny Phan (“Phan”) (collectively, “Defendants”). The Complaint alleges causes of action f or (1) intentional misrepresentation; (2) recission; (3) declaratory relief; and (4) unfair competition under Business and Profession Code § 17200 et seq. On November 28, 2023, Defendant Phan filed a declaration with the Court stating that Plaintiff did not properly serve her with summons and compl...

Excerpt: ...ppeal on May 28, 2014, which was dismissed on July 14, 2014. The judgment was renewed on October 27, 2023. Judgment Debtors filed the instant Motion to Vacate Renewal of Judgment on January 3, 2024. Judgment Creditor filed an opposition on March 6, 2024. Discussion A renewal of judgment can be vacated pursuant to Code of Civil Procedure section 683.170, which states in relevant part: (a) The renewal of a judgment pursuant to this article may be v...

Excerpt: ...or breach of contract and common counts against Defendants Toryalai Melgerai and Maricela Saucedo on October 12, 2021. Defendants Toryalai Melgerai and Maricela Saucedo (“Cross -Co mplainants”) filed an answer and Cross - Complaint on January 14, 2022 and January 19, 2022, respectively. The Cross -Complaint alleged causes of action for breach of contract, declaratory relief, and unfair business practices against Plaintiff Oe -Jung Sung d ba W...

Excerpt: ... instant Petition to Confirm Arbitration Award against Respondent Automation Alliance Group, LLC (“Respondent”) on February 10, 2023. The Petition initially came for hearing on April 26, 2023, at which time i t was continued to allow Petitioner to file proof of service of the Petition and the notice of hearing in accordance with the Code of Civil Procedure. (Minute Order, 04/26/23.) The hearing on the Petition was continued multiple times to ...

Excerpt: ... ANALYSIS: On January 3, 2024, Plaintiff Ken Koury (“Plaintiff”), in propria persona, filed the Complaint in this action against Defendants On the House Homes and Loans, Inc. (“Defendant OTHHL”) and Mark Gershick (“Defendant Gershick”). No proof of service has been f iled. The Motion to Quash was filed by Defendants on February 26, 2024. No opposition has been filed to date. Discussion Defendants move to quash service of the Summons a...

Excerpt: ...ion for automobile subrogation against Defendant Damon Tate, individually, and dba as Friendly Rides, LLC, a suspended corporation (“Defendan t”). Proof of substitute service was filed on November 8, 2023; following Defendant's failure to file a responsive pleading, the Court entered their default on January 9, 2024. Defendant, in propria persona, filed the instant Motion to Vacate Default on February 14, 2024. No opposition has been filed to...

Excerpt: ...ance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kailani Figueroa (“Defendant”) and Juan Figueroa on June 9, 2020. The First Amended Complaint was filed on January 20, 2021. Defendant filed an Answer to the First Amended Complaint on February 9, 2021. On June 30, 2022, Plaintiff filed a copy of a settlement agreement with Defendant with a request for dismissal and retention of jurisdiction u...

Excerpt: ...O PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Richard Heng Taing dba USA Donuts (“Plaintiff”) filed the instant action against Defendant Worldwide ATM, Inc. (“Defendant”) on April 24, 2023. On February 13, 2024, Plaintiff filed the instant (1) Motion to Compel Attendance at Deposition and Request for Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted and Request for Sanctions. No oppositio...

Excerpt: ...violations against Defendant Los Angeles Country Metropolitan Transportation Authority (“Defendant”), on August 25, 2020. The action was originally file d in the unlimited civil court and reclassified as a limited civil case on November 8, 2021. (Minute Order, 11/08/21.) An order to show cause regarding failure to file proof of service was scheduled and then continued multiple times in the limited court until August 30, 2022, with a warning t...

Excerpt: ...sworth in Response Thereto, is DENIED. ANALYSIS: On December 20, 2016, Plaintiff/Cross -Defendant Shahrouz Jahanshahi (“Cross -Defendant”) filed the instant action, acting in propria persona, for breach of contract, common counts, fraud, general negligence, and intentional tort against Defendant/Cross -Comp lainant Rodney Lewin (“Cross - Complainant”). The action arose from Cross -Complainant's representation of Jahanshahi in an action ag...

Excerpt: ...6, 2022, Plaintiff Boren, Osher & Luftman, LLP (“Plaintiff”) filed this action for breach of contract against Defendant Camilla Rose (“Defendant”). Defendant filed an answer on March 23, 2023. On December 12 and 13, 2023, the Court granted Pla intiff's motions to compel responses to form and special interrogatories, and request for production of documents, and awarded Plaintiff monetary sanctions. (Minute Orders, 12/12/23 and 12/13/23) Pl...

Excerpt: ...unction Pursuant to Civil Code section 798.88 against Respondents Michael Whitacre and Eria Guaydacan (“Respondents”) on January 23, 2024. Proof of personal service of the Petition and notice of hearing were filed on February 28, 2024. No response to the Petition has been filed to date. Discussion Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's Mo...

Excerpt: ... SECOND AND THIRD CAUSES OF ACTION. ANALYSIS: Plaintiff Walter Gibson (“Plaintiff”), in pro per, filed the instant action for breach of contract, negligence, and infliction of emotional distress against Defendants Edina Fitness, LLC (“Defendant EF”) and Linda Cuyar (“Defendant Cuyar”) on October 3, 20 23. Plaintiff filed the First Amended Complaint on December 6, 2023. Defendants filed the instant demurrer to the First Amended Complai...

Excerpt: ...btor filed the instant Motion to Vacate Renewal of Judgment on January 15, 2024. Judgment Creditor filed an opposition on February 22, 2024 and Judgment Debtor replied on February 26, 2024. Discussion First, the Motion is not accompanied by any proof of service demonstrating that the moving papers or notice of the hearing date were served on Judgment Creditor. Failure to give notice of a motion is not only a violation of the statutory requirement...