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: ...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: ... 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: ...'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: ... 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: ...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: ... 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: ...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: ...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: ...��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: ... 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: ...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 ...