Excerpt: ...l Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code C...

Excerpt: ...t”) on October 15, 2019. On October 25, 2021, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order for Settlement and Dismissal, filed 10/25/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter ...

Excerpt: ...��Plaintiff”) in the action entitled Desert Passage Community Association v. Gabriel Serrato and Monica Serrato in Case No. CV2017-0049. The default judgment was entered in the principal sum of $2,145.21, plus interest and reasonable attorney's fees and costs against Defendants Gabriel Serrato and Monica Serrato (collectively, “Defendants”). On December 2, 2020, this Court entered judgment based on the sister-state judgment in Case No. CV20...

Excerpt: ...nd as a result, violated the Unruh Civil Rights Act (“the UCRA”), set forth at Cal. Civil Code section 51, subdivision (f). (Compl., ¶¶15-25.) Plaintiff alleged that he initially filed this case in federal court, which reached no determination on the UCRA claim and dismissed it without prejudice. (Id. at ¶14.) The Complaint seeks an award of statutory damages and attorney's fees and costs pursuant to Civil Code section 52, subdivision (a) ...

Excerpt: ...OK SUMMARY OF COMPLAINT: Action for wrongful use of civil proceedings. REQUEST FOR RELIEF: Quash service of Summons and Complaint on the grounds that Defendant Irene Zendano was not properly served. Service was twice previously quashed by the Court and continues to be inadequate. Plaintiff's response to the OSC includes an email from the process service company closing the case after learning that the address where it made four attempts to serve ...

Excerpt: ...ability. REQUEST FOR RELIEF: Quash the writ of execution and vacate the levy of Judgment Debtor's property. Since the death of Judgment Creditor, no personal representative has been named. Nor is Judgment Creditor's attorney entitled to the award of attorney's fees without a proper assignment. OPPOSITION: Respondent has not overcome the presumption of proper service. REPLY: None filed as of October 4, 2022. ANALYSIS: On December 1, 2011, the Cour...

Excerpt: ...Plaintiff's motion to compel Defendant Sabet's deposition. The parties are not able to see the online docket in this action and, as a result, do not know which judge is hearing their motions. The order compelling Defendant Sabet's deposition should be reconsidered and denied because there is no active Complaint in this action, as evidenced by the Court's own orders regarding reclassification. Defense counsel was not able to bring these facts to t...

Excerpt: ... automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against D...

Excerpt: ...ence. REQUEST FOR RELIEF: Grant Defendant leave to file a cross-complaint against Plaintiff April Johnson for indemnification, apportionment of fault, and declaratory relief. New information came to light after Plaintiffs' discovery responses were served in April and May 2022. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: On August 19, 2021, Plaintiffs Toyer McBride and April Johnson (“Pl...

Excerpt: ...MMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 27, 2022. REPLY: None filed as of September 27, 2022. ANALYSIS: On September 10, 2021, an Arbitration Award was issued in favor of Carla Mazzetti (“Petitioner”) and against Adam Khoda (“Respondent”). Petitioner filed the instant Petition to C...

Excerpt: ...300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. MOTION: Plaintiff failed to file the Civil Case Cover Sheet concurrently with the Complaint, resulting in the action being filed in the limited jurisdiction court. Plaintiff's medial specials currently amount to $27,189.24 and the Complaint alleges that the damages are in excess of the unlimited ...

Excerpt: ...aintiff's failure to appear at trial. OPPOSITION: Plaintiffs have not demonstrated that their failure to appear for trial was due to mistake, inadvertence, surprise or excusable neglect. Plaintiffs' failure to appear was inexcusable. Nor have Plaintiffs shown that they brought the Motion within a reasonable amount of time following the dismissal. If the dismissal is granted, Defendants should be awarded fees of $1,000.00. REPLY: Plaintiffs gave t...

Excerpt: ...se, common counts and breach of guaranty of lease. Cross-Complaint for breach of contract and declaratory relief. MOTION: Cross-Complainants renew their motion to set aside the ruling sustaining the Demurrer to the First Amended Cross-Complaint. New evidence is now available regarding the ruling in the Unlawful Detainer Action, which shows that the issue of overpayment of rent was not litigated at that time and was properly alleged in the First A...

Excerpt: ...y Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK [X] Manner of Service (CCP 1290.4) NO SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) fil...

Excerpt: ...or automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against ...

Excerpt: ...DEFENDANTS ARE TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER. THE RESERVATIONS FOR THE MOTION TO TRANSFER ACTION ON SEPTEMBER 21, 2022 ARE ADVANCED TO THIS DATE AND VACATED. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract, fraud, and related claims. RELIEF REQUESTED: Defendants move to trans...

Excerpt: ... Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK [X] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 15, 2022. REPLY: None filed as of September 15, 2022. ANALYSIS: Petitioner O...

Excerpt: ...DAYS OF THIS ORDER. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for breach of residential lease agreement. MOTION: A protective order is necessary to protect Defendants from unnecessary deposition. The full- day depositions sought by Plaintiff constitute undue burden and...

Excerpt: ... for discrimination on the basis of disability. REQUEST FOR RELIEF: Vacate default because Defendants did not receive notice of this action and service was effectuated at the wrong zip code. OPPOSITION: None filed as of September 12, 2022. REPLY: None filed as of September 12, 2022. ANALYSIS: Plaintiff Richard Dahl (“Plaintiff”) filed the instant action against Defendants Wish Automotive II, Inc. (“Defendant Wish II”) and Barry Wishengrad...

Excerpt: ...SSIONS CODE, TORT LAW, AND THE FUNDAMENTAL PUBLIC POLICIES OF THE STATE OF CALIFORNIA” AT ¶51; AND 3. “ATTORNEYS' FEES” AT PP. 10-11, PRAYER FOR RELIEF, ¶5. THE SECOND AMENDED COMPLAINT FILED ON APRIL 5, 2022 IS STRUCK ON THE COURT'S OWN MOTION. SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contrac...

Excerpt: ...AYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: O...

Excerpt: ...tion. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Leonardo Gomez and Gerardo Carranco (“Defendants”...

Excerpt: ...overy of unclaimed property from Plaintiffs' father's estate, which is now in Defendant's control. MOTION: Defendant asks that the court issue an order that it deposit with the clerk the disputed funds in the amount of $8,952.77. Upon deposit, Defendant should be discharged from liability with respect to the disputed funds and dismissed from this action. In Defendant's place, the Court should substitute the FDIC. OPPOSITION: Defendant's offer to ...

Excerpt: ...lied covenant of good faith and fair dealing, violation of Vehicle Code section 11713.13(d), and relief pursuant to Vehicle Code section 11726. BASIS OF MOTION: As the prevailing party, award Plaintiff $63,861.50 in attorney's fees and costs. OPPOSITION: Plaintiff is not entitled to attorney's fees or costs because it has not shown that Defendant acted with willfulness. Alternatively, the attorney's fees and costs should be denied as entirely unr...

Excerpt: ...Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for insurance bad faith and negligenc. REQUEST FOR RELIEF: Sustain demurrer to the First Amended Complaint for failure to allege facts sufficient to state a cause of action. The first cause of action for insurance bad faith cannot be alleged against Defendant American Family because Plaintiff was never insured by Defendant American Family, nor in privity of contract with any insured...

Excerpt: ...[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract, negligence, and fraud with respect to a property listing agreement. BASIS OF MOTION: Defendant Xu is entitled to an award of attorney's fees as the prevailing party on appeal in the amount of $8,200.00 and costs of $652.55. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: Plaintiff Yvonne Jiang (“Pla...

Excerpt: ...EMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITIONS BEING DISMISSED. SERVICE: [ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO [ ] Correct Address (CCP §§ 1013, 1013a) NO [ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO [ ] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration awards. RELIEF REQUESTED: Enter judgment against Respondent pursuant to ...

Excerpt: ...0 DAYS OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: On...

Excerpt: ...st for Sanctions is GRANTED. DEFENDANT JOSEPH SABET IS TO SERVE FURTHER RESPONSES, INCLUDING A CODE-COMPLIANT PRIVILEGE LOG, TO REQUEST NOS. 1-14 WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT JOSEPH SABET AND COUNSEL OF RECORD ARE ALSO JOINTLY ORDERED TO PAY SANCTIONS OF $100.00 TO PLAINTIFF WITHIN 20 DAYS' SERVICE OF THIS ORDER. TRIAL SETTING CONFERENCE IS SET FOR NOVEMBER 2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. S...

Excerpt: ...D 5TH CAUSES OF ACTION. DEFENDANT TO FILE ITS ANSWER WITHIN 20 DAYS OF THIS ORDER. SERVICE OF MOTION: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract with respect to installation of security system. REQUEST FOR RELIEF: Sustain demurrer to the Complaint for failure to allege facts sufficient to state a cause ...

Excerpt: ... action to unlimited jurisdiction court based on the amount of Cross- Complainant's damages. OPPOSITION: Cross-Complainant has not shown that it incurred damages in excess of the jurisdictional limit. As stated in its ex parte application, this Motion is brought based on the costs Cross-Complainant has incurred in this litigation, which are not part of the amount in controversy. REPLY: Cross-defendant has all but admitted its committed fraud base...

Excerpt: ...E OF THIS ORDER. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005 (b)) OK SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability. REQUEST FOR RELIEF: Compel Plaintiff's further responses to post-judgment requests for production. Plaintiff's responses included meritless objections and do not identify whom Plaintiff beli...

Excerpt: ... sufficient to state a cause of action. The Complaint fails to allege the existence a written lease agreement signed by the parties and does not attach any such agreement. The lease was allegedly for a period of four years and must be in writing to satisfy the Statute of frauds. OPPOSITION: The lease agreement is in writing as required by the Statute of frauds. Applicable case law holds that the lease need not be signed by Defendant. The cases ci...

Excerpt: ...� by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a)...

Excerpt: ...iced in maintaining that party's action or defense on the merits.”¿ (Code Civ. Proc. § 2033.300(b).)¿ “The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional di...

Excerpt: ...ed in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross-complaint if it is not concurrently filed with the answer or at any time before the court set...

Excerpt: ...good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipa...

Excerpt: ...strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion Defendant moves to strike allegations of punitive damages against it in the FAC, arguing (1) Plaintiff fails to allege an...

Excerpt: ...here exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (CRC 2.550(d).) Pursuant to Rule 2.550(e), “[a]n order sealing...

Excerpt: ...rty, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”¿ “This discretion should be exercised liberally in favor of amendm...

Excerpt: ...endant MMD”), A&L Entertainment, LLC (“Defendant A&L”) and Lucy Keusseyan (“Defendant Keusseyan”) on June 10, 2021. Defendants filed an Answer on January 11, 2022. On May 10, 2022, Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication. No opposition has been filed to date. Discussion The Complaint alleges causes of action for (1) breach of contract against Defendant MMD; (2) breach of guara...

Excerpt: ...cember 20, 2004, April 10, 2012 and on March 23, 2022. Defendant filed the instant Motion to Vacate or Modify Proposed Renewal of a 27-Year Old Judgment on May 27, 2022. Plaintiff filed an opposition on June 9, 2022 and Defendant replied on July 25, 2022. Discussion Defendant moves to vacate the renewed judgment on the grounds that renewal of a judgment for more than one 10-year period is not permitted by the renewal statutes. Alternatively, Defe...

Excerpt: ...nst Evelyn Greenspon, individually and trustee of The Evelyn Greenspon Survivor's Trust As Amended Restated May 14, 2019 (“Defendant”) and Michael Greenspon (“Michael”). Following the filing of a demurrer to the Complaint, Plaintiff filed a First Amended Complaint that dropped Michael Greenspon from the action. On January 6, 2022, the case was reclassified from an unlimited jurisdiction case to this limited jurisdiction department. Defend...

Excerpt: ...laintiff”) filed the instant action for breach of contract and fraud against Defendants Martinelli Marketing, LLC dba Best Deal Forklifts (“Defendant BDF”) and Adam Martinelli (“Defendant Martinelli”) on December 13, 2020. Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment against Defendant BDF on April 19, 2022. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brought under C...

Excerpt: ...st Net Commercial (“Defendant”) on May 3, 2021. Following Defendant's failure to file a responsive pleading, Plaintiff requested entry of default on June 22, 2021. Defendant filed the first Motion to Vacate Default on July 13, 2021. On August 11, 2021, the Court granted Defendant's first Motion to Vacate Default (“the first Motion to Vacate”). (Minute Order, 08/11/21.) The Court instructed Defendant to give notice of the order and to file...

Excerpt: ...CE THAT REMAINS DUE. FAILURE TO FILE AND SERVE BOTH THE SUPPLEMENTAL DECLARATION AND ACCOUNTING, AS ORDERED, MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Marlon Gabriel Marroquin (“Defendant”) on December 8, 2020. On July 28, 2021, Plaintiff filed a copy of the settlement agreement with Defendant...

Excerpt: ...initially came for hearing on May 26, 2022, at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing and Arbitration Award in accordance with the statutory requirements. (Minute Order, 05/26/22.) The Court continued the hearing to allow for Petitioner to file the requisite proofs of service by July 1, 2022. (Id.) To date, however, no proof of service with respect to the Petition, Notice of Hearing, ...

Excerpt: ...CRAA”) against Defendant AMLI Management Company (“Defendant”). Following mutliple discovery motions, Plaintiffs filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudiation, on April 13, 2022. Defendant filed an opposition on July 6, 2022 and Plaintiffs replied on July 13, 2022. Discussion Allegations in the Complaint Plaintiffs allege that they applied to rent an apartment from Defendant on or about May 17, 20...

Excerpt: ...s Act (“the UCRA”) against Defendants Leon E. Valdry, as an individual and in his representative capacity as trustee of the Leon E. Valdry Trust (“Defendant Valdry”) and Lee's Caribbean Restaurant, Inc. (“Defendant Lee's”) on February 14, 2022. Defendant Valdry filed the instant Motion for Judgment on the Pleadings on March 22, 2022. No opposition has been filed to date. Legal Standard The standard for ruling on a motion for judgment ...

Excerpt: ...az (“Defendant Fawaz”). On October 28, 2021, the Court granted Defendant Fawaz's Motion to Quash Service. (Minute Order, 10/28/21.) On February 1, 2022, Plaintiff filed Proof of Substituted Service and a Request for Entry of Default against Defendant Fawaz. Default was entered against Defendant Fawaz on the same date. On March 25, 2022, the parties stipulated to vacate the default and to allow Defendant Fawaz to file a responsive pleading. (S...