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2024.01.18 Demurrer, Motion to Strike 936
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.18
Excerpt: ...econd Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: Plaintiff Jimmy Chen (“Plaintiff”), in pro per, filed the instant action for breach of contract and fraud against Defendant Armand Newman, Inc. dba Newman Dermatology Beverly Hills (“Defendant”) (erroneously sued as Newman Dermatology Beverly Hills (NDBH)) on June 22, 2023. The First Amended Complaint was filed on August 30, 2023. On November 6, 2023, the Court overruled...
2024.01.17 Motion to Compel Deposition 509
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.17
Excerpt: ...1.00 TO PLAINTIFFS' COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On April 17, 2023, Plaintiff Abba Bail Bonds, Inc. (“Plaintiff”) filed this action against Defendant Dairyon Dayvon Thompson West (“Defendant”). Defendant filed an answer, in propria persona, on September 6, 2023. Plaintiff filed the instant Motion to Compel Deposition and Request for Sanctions on December 19, 2023. No opposition has been filed to date. Discussion Code of...
2024.01.17 Petition to Confirm Arbitration Award 232
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.17
Excerpt: ... THE AWARD. PETITIONER REZA FATEH IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Fateh Reza (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Thomas Dunn, Jr. (“Respondent”) on June 26, 2023. Respondent filed an opposition/response on November 13, 2023. The Petition initially came for hearing on November 14, 2023, at which time the Court continued the matter to all...
2024.01.17 Motions to Vacate Judgment 177
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.17
Excerpt: ...rsha 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 to deem the truth of the matters in Defe...
2024.01.16 Petition to Compel Arbitration and Stay Proceedings 434
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.16
Excerpt: ... August 24, 2023, Plaintiffs Joseph L. Brzuska and Virgil L. Severns (“Plaintiffs”) filed the instant action for violation of Consumer Legal Remedies Act, violation of Business & Professions Code section 17200, et seq., and claim against surety against Defendants MIG Motor Cars, Inc. dba M. Motorsport (“Defendant MIG”) and Hudson Insurance Company (“Defendant Hudson”). The action arises out of Plaintiff's purchase of a motor vehicle r...
2024.01.16 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 224
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.16
Excerpt: ...pany (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Alvaro J. Flores (“Defendant”) on January 9, 2020. Defendant filed an Answer on April 17, 2021. On October 18, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same d...
2024.01.11 Motion to Reclassify 138
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.11
Excerpt: ...12, 2023, Plaintiffs Norma Jean Townsend (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Kenneth Terrell, Jr., Soria Carr, and Southern California Poop 911, LLC (erroneously sued as SoCalPoop911, Inc.) (“Defendants”). Defendant Southern California Poop 911, LLC filed an answer to the Complaint on August 21, 2023, then filed a Cross-Complaint on October 24, 2023. The Court notes that the Cross-Complai...
2024.01.10 Petition to Vacate Arbitration Award 576
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.10
Excerpt: ..., FEBRUARY 5, 2019. RESPONDENT IS TO FILE A PROPOSED JUDGMENT WITHIN 30 DAYS OF THIS ORDER. ANALYSIS: On August 9, 2021, Petitioner Duane R. Folke (“Petitioner”) filed the instant Petition to Vacate Arbitration Award against Respondent Carol Pulliam (“Respondent”). Respondent filed a response on November 29, 2021. The Petition initially came for hearing on December 13, 2021 and was continued to January 19, 2022 to allow Petitioner to file...
2024.01.10 Motion for Attorney Fees 913
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.10
Excerpt: ...nstant action for payment of dues and assessment and common counts against Defendant Peggy Swartzbaugh aka Peggy A. Kosa aka Peggy Anne Mundt aka Peggy Mundt (“Defendant”). On August 28, 2023, the parties filed a stipulated judgment in favor of Plaintiff and against Defendant in the sum of $15,072.35. (Stipulation for Judgment, filed 08/28/23.) The judgment was signed and entered by the Court on the same date. (Ibid.) Plaintiff filed the inst...
2024.01.09 Motion for Leave to Propound Additional Discovery 941
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.09
Excerpt: ..., 2023, the Court overruled Defendant's Demurrer to the First Amended Complaint. (Minute Order, 10/05/23.) Defendant filed an answer on October 24, 2023 and concurrently filed the instant Motion for Leave to Propound Additional Discovery. Plaintiff filed an opposition on December 26, 2023. Discussion Discovery in a limited jurisdiction action is permitted only to the extent provided by in Code of Civil Procedure section 94, which includes any com...
2024.01.09 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 482
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.09
Excerpt: ...“Plaintiff”) filed the instant action for automobile subrogation against Defendant Elyssa Mellen (“Defendant”) on May 27, 2020. Defendant filed an Answer on August 25, 2021. On December 29, 2022, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip...
2024.01.04 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.04
Excerpt: ...(“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2023. The Petition initially came for hearing on October 26, 2023 and was continued to allow Petitioner to demonstrate proper service of the Petition and notice of the new hearing date. (Minute Order, 10/26/23.) No new papers nor response has been filed to date. Legal Standard “Any party to an arbitration in which an award has...
2024.01.04 Motion for Summary Judgment 896
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.04
Excerpt: ...) and Hertz Vehicles, LLC (“Defendant Hertz”) on August 11, 2021. Defendant Hertz filed an answer on December 1, 2021. Defendant Hertz filed the instant Motion for Summary Judgment on October 20, 2023. Plaintiff filed an opposition on December 26, 2023. Discussion The Complaint alleges a single cause of action for subrogation with respect to payments Plaintiff made to its insured following an automobile accident allegedly caused by Defendant ...
2024.01.04 Motion to Reclassify 704
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.04
Excerpt: ...MITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. CROSS-COMPLAINANT IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: On March 13, 2023, Plaintiff PLS Custom Framing Inc. (“Cross-Defendant”) filed the verified Complaint in this action against Defendants Anaya Building Construction, Inc. (“Cross-Complainan...
2024.01.02 Demurrer 879
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2024.01.02
Excerpt: ..., 2023, Plaintiff Rusnak/Pasadena (“Plaintiff”) filed this action for breach of contract and fraud against Defendant Xiaoxia Liu (“Defendant”). On October 18, 2023, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on November 21, 2023 and Defendant replied on November 29, 2023. The Demurrer initially came for hearing on December 6, 2023 and was continued to allow the Court an opportunity to review the r...
2023.12.19 Petition to Authorize Pre-Lawsuit Discovery 960
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.19
Excerpt: ...overy against Respondent Edson Omar Pacheco (“Respondent”) on August 15, 2023. The Petition seeks an order authorizing the independent medical examination of Respondent and the subpoena of relevant records. (Pet., ¶1.) The Petition was set to be heard on December 19, 2023, with a court order to Petitioners to give notice to all parties and file proof of service thereof. (Notice of Hearing, 08/15/23.) To date, no proof of service of the notic...
2023.12.19 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.19
Excerpt: ...rike Portions of the First Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: On December 19, 2022, Plaintiffs Erica Henderson (“Plaintiff Erica”) and Jeffrey Henderson (“Plaintiff Jeffrey”) (collectively “Plaintiffs”), in propria persona, filed an action against Defendants Rockvale Apartments LP (“Defendant Rockvale LP”), Rockvale Apartments GP, LLC (“Defendant Rockvale GP”), Rockvale Apartments Limited, LLC (“D...
2023.12.18 Motion for Judgment on the Pleadings 924
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.18
Excerpt: ...26 IN THE SPRING STREET COURTHOUSE. 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 aga...
2023.12.14 Motion to Vacate Default, Judgment, to Quash Service of Summons and Complaint 326
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.14
Excerpt: ...ERVICE FILED ON SEPTEMBER 15, 2021 IS HEREBY QUASHED. ORDER TO SHOW CAUSE REGARDING FILING OF PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IS SET FOR MARCH 14, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On August 30, 2021, Plaintiff Lauren Michelle Chase (“Plaintiff”) filed the instant action against Defendant Bryan Kennedy Seals (“Defendant”). Plaintiff filed proof of substitute service of the Summons an...
2023.12.14 Motion to Amend Judgment 601
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.14
Excerpt: ...ifornia (“Judgment Debtor Navpeak”) and Sebastian Schildhorn (“Judgment Debtor Schildhorn”). Default judgment was entered against Judgment Debtors on February 27, 2023. On July 26, 2023, Judgment Creditor filed the instant Motion to Amend Judgment. The Motion came for hearing on October 19, 2023 at which time Judgment Creditor appeared and requested a continuance. (Minute Order, 10/19/23.) The hearing was continued to November 8, 2023 and...
2023.12.13 Motion for Judgment on the Pleadings 204
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...tomobile Insurance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Crystal Re'Chelle Smith (“Defendant”). On September 7, 2023, the Court granted Plaintiff's motion to deem requests for admission admitted and request for monetary sanctions. (Minute Order, 09/07/23.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on October 4, 2023. No opposition has been filed to dat...
2023.12.13 Demurrer, Motion to Reclassify 343
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...22, Plaintiffs Marcus Cazares and Victoria Murdock (“Plaintiffs”) filed this action against Defendant Central Storage, Inc. (“Defendant”). Plaintiffs filed a First Amended Complaint on June 27, 2023. At the case management conference on June 29, 2023, the Court set motions to strike or grant judgment on the pleadings on its own motion “because the case fails to state a cause of action as a matter of law with the exception of a possible ...
2023.12.13 Motion to Vacate Dismissal and Enforce Settlement 989
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...ange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Marine Charchyan and Avetik Charchyan (“Defendants”) on June 15, 2020. Defendants filed answers on September 28, 2021. The matter came for trial on September 19, 2022, at which time the parties represented that the case had been settled. (Minute Order, 09/19/22.) The Court set an order to show cause regarding dismissal for Janu...
2023.12.13 Motion to Enforce Settlement 089
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...2020, Plaintiff Mercury Insurance Company (“Plaintiff”) filed this subrogation action against Defendants Danny Alcantar and Patricia Alcantar (“Defendants”). On November 23, 2020, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, file...
2023.12.12 Motion to Enter Judgment Pursuant to Stipulation 272
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.12
Excerpt: ...ndant Raelin Saree Walker (“Defendant”) on January 11, 2021. Defendant filed an answer on February 25, 2021. On August 29, 2022, Plaintiff filed a Stipulation and Order for Entry of Judgment. The Court signed the order and dismissed the action with a retention of jurisdiction under Code of Civil Procedure section 664.6 on the same date. (Stip and Order, filed 08/29/22.) Plaintiff filed the instant motion to enforce settlement and enter judgme...
2023.12.12 Motion for Stay and Corrective Action 855
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.12
Excerpt: ...L BE REPORTED TO THE STATE BAR OF CALIFORNIA. ANALYSIS: On September 24, 2001, Plaintiff Thomas Beck, Esq. (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendants Warren Summer and Karin Winkler (“Defendants”). Judgment was entered on January 8, 2003. Acknowledgment of Satisfaction of Judgment (Partial) was filed on January 5, 2006. Other documents, including Applications and Orders for Appearance and Ex...
2023.12.11 Motion to Vacate Default, Judgment, Quash Service of Summons, Dismiss Case 117
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.11
Excerpt: ...intiff filed proof of substitute service of the Summons and Complaint on December 19, 2018. When Defendant failed to file a responsive pleading, Plaintiff obtained their default on January 7, 2019 and default judgment on March 7, 2019. On August 1, 2023, Defendant appeared at a hearing on a claim of exemption and filed the claim of exemption on August 31, 2023, which the Court granted in part. (Minute Order, 08/31/23.) Defendant filed a motion to...
2023.12.07 Motion to Enter Judgment Pursuant to Stipulation 799
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...or automobile subrogation against Defendant Armando Sosa Bustamante (“Defendant”) on June 6, 2018. Defendant filed an answer to the Complaint on February 21, 2019. On November 22, 2019, Plaintiff filed a Conditional Notice of Settlement. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502 but the parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolid...
2023.12.07 Motion to Compel Responses to Post-Judgment Request for Production 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...TO MODIFY THE FEBRUARY 28, 2023 ORDER IS DENIED. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor served a Subpoena Duces Tecum for Personal Appearan...
2023.12.07 Motion to Collect Only Attorney Fees 139
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...dis (“Judgment Debtor”). The judgment was renewed on June 3, 2020. On December 10, 2021, a writ of execution was issued with respect to the judgment. On October 6, 2022, the Court granted Judgment Debtor's Motion to Recall and Quash Writ of Execution and Vacate Notice of Levy on the grounds that Judgment Creditor had passed away before the writ of execution was issued. (Minute Order, 10/06/22.) On September 28, 2023, Judgment Creditor's attor...
2023.12.07 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...nsurance Exchange of the Automobile Club (“Cross-Defendant”) filed the instant action for breach of contract and unjust enrichment against Defendants Dolores Vannata, Sarah Toutounchian, and Rochelle Toutounchian (“Cross-Complainants”) on June 30, 2023. Cross-Complainants filed a Cross- Complaint for breach of contract, insurance bad faith, and declaratory relief against Cross-Defendant on August 31, 2023. Cross-Defendant filed the instan...
2023.12.06 Petition to Confirm Arbitration Award 874
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.06
Excerpt: ...ED. COSTS AND ATTORNEY'S FEES MAY BE SOUGHT PURSUANT TO CAL. RULES OF COURT RULES 3.1700 AND 3.1702. PETITIONER KEITH SIMPSON IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER, WHICH MAY INCLUDE THE PROPOSED INTEREST CALCULATION. ANALYSIS: On May 30, 2023, Petitioner Keith Simpson (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Sharron Valk (“Respondent”). The Petition was set for hearin...
2023.12.06 Petition to Confirm Arbitration Award 765
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.06
Excerpt: ...NALYSIS: Petitioner Maureen McAulay (“Petitioner”), in pro se, filed the instant Petition to Confirm Arbitration Award against Respondent Paul Mynor Parades dba Selah Roofing Corporation (“Respondent”) on August 2, 2023. Proof of personal service was filed on September 26, 2023. Legal Standard “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 n...
2023.12.06 Demurrer 879
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.06
Excerpt: ...6, 2023, Plaintiff Rusnak/Pasadena (“Plaintiff”) filed this action for breach of contract and fraud against Defendant Xiaoxia Liu (“Defendant”). On October 18, 2023, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on November 21, 2023. Discussion The Complaint alleges that the parties entered into a motor vehicle purchase agreement that included an export policy and agreement. (Compl., ¶¶7-8.) The ex...
2023.12.05 Demurrer 367
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.05
Excerpt: ...nt with leave to amend. (Minute Order, 08/02/23.) Plaintiff filed the First Amended Complaint on August 10, 2023. Defendant filed the instant Demurrer to the First Amended Complaint on October 2, 2023. Plaintiff filed an opposition on October 20, 2023 and Defendant replied on October 27, 2023. The Demurrer was initially set for hearing on November 9, 2023 but was continued with notice waived to December 5, 2023. (Minute Order, 11/09/23.) Discussi...
2023.12.05 Motion to Vacate Default, Judgment 404
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.05
Excerpt: ...ce against Defendant Araksya Dulbenchyan (“Defendant”). On the same date, Plaintiff filed a notice of related case with respect to small claims case LASC No. 19VESC06412 (“the Small Claims case”). (Notice of Related Case, filed 02/13/20.) The Small Claims case was transferred to Department 26 in the Spring Street Courthouse on February 14, 2020. (LASC No. 19VESC06412, Application and Order for Transfer, 02/14/20.) Plaintiff filed proof of...
2023.12.05 Motion for Private Place Order 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.05
Excerpt: ...ENIED FOR SERVICE OF A SUBPOENAS DUCES TECUM UPON GUITTY HAKIM AND SYLVIA HAKIM. THE MOTION PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 699.030 IS GRANTED FOR LEVY OF THE RED MODEL 3 TESLA LOCATED AT 1045 CAROLYN WAY, BEVERLY HILLS, CALIFORNIA OR 1006 ELDEN WAY, BEVERLY HILLS, CALIFORNIA, AND DENIED FOR LEVY OF THE 2022 LAND ROVER. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed the instant action for fraud a...
2023.12.04 Motion for Terminating, Evidentiary, Issue, or Monetary Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.04
Excerpt: ...D SEVERALLY AGAINST DEFENDANT LIAM HAMBEL AND COUNSEL OF RECORD, TO BE PAID WITHIN 20 DAYS. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on October 7, 2022. On May 4, 2023, Plaintiff Aparicio filed a Motion to Compel Further Responses to Request for Product...
2023.12.04 Motion for Terminating, Evidentiary, Issue, or Monetary Sanctions 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.04
Excerpt: ... filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The First Amended Complaint was filed on October 22, 2019. Defenda...
2023.11.30 Petition to Confirm Arbitration Award 676
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: ...etition to Confirm Arbitration Award against Respondent John McGuire (“Respondent”) on July 27, 2023. No response to the Petition has been filed to date. Legal Standard “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.” ...
2023.11.30 Motion to Continue Trial Date 837
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: ...��Plaintiff Gallardo”) filed this motor vehicle action against Defendants City of Los Angeles, Access Services (“Defendant Access”), and Ahmedor Ali (“Defendant Ali”). Defendants Access and Ali filed an answer and a cross-complaint on October 14, 2022. On August 31, 2023, the Court granted Plaintiff Gallardo's Motion to Compel Deposition and ordered Defendant Ali to appear for deposition. (Minute Order 08/31/23.) On October 3, 2023, Pla...
2023.11.30 Motion for Summary Judgment, Adjudication 171
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: .... Defendant filed the instant Motion for Summary Judgment on September 11, 2023. No opposition has been filed to date. Discussion The Complaint alleges causes of action for (1) motor vehicle negligence; and (2) general negligence. The action arises out of a motor vehicle accident that occurred on April 4, 2019. (Compl., ¶MV-1.) Defendant allegedly “negligently operated his vehicle so as to crash into plaintiffs storefront, causing major and ca...
2023.11.30 Motion for Reconsideration 511
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: ...gainst Judgment Debtor on February 26, 1998. The judgment was renewed on February 1, 2008 and August 30, 2017. On February 22, 2023, Judgment Creditor filed an Application and Order for Appearance and Examination, which was set for May 9, 2023. (Application and Order, filed 02/22/23.) Judgment Debtor did not appear on May 9, 2023 but was represented by counsel and the Court granted Judgment Creditor's request to issue and hold a bench warrant. (M...
2023.11.30 Motion for Attorney Fees 210
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: ...gainst Defendant Maria Carmen Bravo aka Carmen Bravo (“Defendant”) on April 4, 2022. Defendant filed an answer in properia persona on April 20, 2022. On December 8, 2022, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order 12/08/22.) The court granted Plaintiff's Motion for Summary Judgment on August 1, 2023 and entered judgment in Plaintiff's favor on August 18, 2023. (Minute Order, 08/01/23...
2023.11.30 Demurrer 517
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: ...3, Plaintiff Urban Therapies Distribution, LLC (“Plaintiff”) filed this action for breach of contract and common counts against Defendants Treehouse Botanicals Corporation (“Defendant Treehouse”), Ariel Mehrban (“Defendant Merhban”), and Jillian Goldsmith (“Defendant Goldsmith”). On August 25, 2023, Defendants filed the instant Demurrer to the Complaint. The Court notes that each Defendant also filed a motion to quash service on A...
2023.11.27 Motion for Stay and Corrective Action 855
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ...SERVICE WILL BE REPORTED TO THE STATE BAR OF CALIFORNIA. ANALYSIS: On September 24, 2001, Plaintiff Thomas Beck, Esq. (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendants Warren Summer and Karin Winkler (“Defendants”). Judgment was entered on January 8, 2003. Acknowledgment of Satisfaction of Judgment (Partial) was filed on January 5, 2006. Other documents, including Applications and Orders for Appear...
2023.11.27 Motion for Attorney Fees 796
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ... (“Judgment Creditor”) and against Amelia Roberta Espinosa and John Doe Espinosa (“Judgment Debtors”). Pursuant to the Application for Entry of Sister State Judgment filed in this Court on July 11, 2018, this Court entered judgment against Judgment Debtors in the amount of $6,021.29 on the same date. On February 26, 2020, the Court granted Judgment Creditor's first motion for attorney's fees and costs. (Minute Order, 02/26/20.) On Septemb...
2023.11.27 Motion for Attorney Fees 536
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ...tion for violation of the Consumers Legal Remedies Act, Unfair Business Act, and Vehicle Code Section 11711 against Defendants FE Motors, Driveit Financial Services, Inc. dba Driveit Auto Group (“Cross- Complainant”) and Hudson Insurance Company. On January 20, 2019, Cross-Complainant filed a cross- complaint against Cross-Defendants Seyedehfatemeh Olaei dba FE Motors, Seyed Ehsan Ayatollah dba FE Motors (“Cross-Defendants FE Motors”), an...
2023.11.27 Motion to Vacate Entry of Default, Judgment 508
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ...dant”), Mansour Shayan, and Helen Shayan on May 29, 2015. Thereafter, the procedural history becomes murky. Default was entered against Defendant on July 16, 2015. (Request for Entry of Default, 07/16/25.) However, when Defendant filed an Application for Stay and Early Evaluation Conference on July 29, 2015, the Court stayed the action and set the conference for September 22, 2015. (Notice of Stay and Early Evaluation Conference, filed 07/29/15...
2023.11.27 Petition to Confirm Arbitration Award 467
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ...MPLIANCE WITH THE STATUTORY REQUIREMENTS. ANALYSIS: Petitioner Kathy Flaxington (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Framework Construction and Remodeling, Inc. (“Respondent Framework”), Sean Wood (“Respondent Wood”), and Regev Cohen aka Regev Timor Cohen (“Respondent Cohen”) on July 14, 2023. Default was entered as to Defendants Framework and Cohen on October 9, 2023 and Octob...
2023.11.27 Petition to Vacate Arbitration Award 528
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.27
Excerpt: ...FORWARD ARE TO BE UNDER LASC CASE NO. 23STCP01874. FINALLY, ALL HEARING DATES ARE TO BE SET UNDER LASC CASE NO. 23STCP01874. ANALYSIS: On July 20, 2023, Petitioner Sharron Valk (“Petitioner”) filed the instant Petition to Vacate Arbitration Award against Respondent Keith Simpson (“Respondent”). Proof of personal service of the Petition and Notice of Hearing was filed with the Court on October 20, 2023. No response has been filed to date. ...
2023.11.22 Motion to Compel Further Responses, for Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.22
Excerpt: ... WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT LIAM HAMBEL AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $827.00 TO PLAINTIFFS' COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on O...
2023.11.22 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.22
Excerpt: ...rder, Decision, or Award of the Labor Commissioner. On January 7, 2021, Petitioner filed a Notice of Assignment of Judgment, naming Creative Recovery Concepts, Inc. (“Judgment Assignee”) as Assignee of Record. On August 5, 2021, Judgment Assignee filed an Application and Order for Appearance and Examination, which was set for hearing on February 7, 2022. On February 7, 2022, counsel for Respondent appeared and indicated that a Motion to Quash...
2023.11.22 Motion for Attorney Fees 068
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.22
Excerpt: ...Judgment Debtor Javier Carrizales (“Judgment Debtor”) on January 3, 2023. The Court entered judgment in the principal amount of $11,954.70 on the same day. Judgment Creditor filed the instant Motion for Attorney Fees and Costs on September 5, 2023. No opposition has been filed to date. Discussion Request for Judicial Notice Judgment Creditor asks the Court to take judicial notice of the following: (1) the relevant portions of the Master Decla...
2023.11.21 Motion to Strike 477
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.21
Excerpt: ...he Complaint and the instant Motion to Strike Portions of the Complaint on August 31, 2023. Plaintiff filed an opposition with objections on November 6, 2023 and Defendants replied on November 9, 2023. Discussion As an initial matter, Plaintiff's objections to the declaration of defense counsel, Laura Matteis, Esq. regarding evidence in support of the claim for punitive damages are sustained. Defendants bring the instant Motion to Strike Plaintif...
2023.11.20 Petition to Confirm Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.20
Excerpt: ...(the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 2023. The Petition initially came for hearing on September 18, 2023 and was continued to allow Petitioner to file proof of service of the Petition and arbitration award on Respondent Cash Cards Unlimited, Inc. in compliance with the statutory requirements. (Minute Order, 09/18/23, p. 1.) On October 31, 2023, Petitioner filed a sup...
2023.11.20 Motion to Enter Judgment 669
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.20
Excerpt: ...er 13, 2021, Plaintiff filed a Notice of Settlement. Nothing was filed in the action until more than a year-and-a-half later on March 15, 2023, when Plaintiff filed the instant Motion to Enter Judgment. The Motion was initially set for hearing on May 31, 2023 in Department Y of the Norwalk Courthouse at which time Defendant made his first appearance. (Minute Order, 05/31/23.) Prior to hearing the Motion, the Court determined that the action shoul...
2023.11.20 Motion for Attorney Fees 151
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.20
Excerpt: ...dgment in favor of Plaintiff Greenway Parc at Surprise One Community Association (“Plaintiff”) and against Defendants Elvira Telles and John Doe Telles (“Defendants”) in Greenway Parc at Surprise One Community Association v. Elvira Telles and John Doe Telles, Case No. CC2013-187257. The default judgment was entered in the principal sum of $3,363.36, attorney's fees of $1,330.00, and costs of $292.72. (Motion, RJN, Exh. 2.) On September 13...
2023.11.16 Motion to Amend Judgment 601
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.16
Excerpt: ...gment Creditor”) filed the instant action against Defendants Navpeak, Inc. dba Stunner California (“Judgment Debtor Navpeak”) and Sebastian Schildhorn (“Judgment Debtor Schildhorn”). Default judgment was entered against Judgment Debtors on February 27, 2023. On July 26, 2023, Judgment Creditor filed the instant Motion to Amend Judgment. The Motion came for hearing on October 19, 2023 at which time Judgment Creditor appeared and requeste...
2023.11.15 Motion for Terminating Sanctions 836
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.15
Excerpt: ...negligence against Defendant Rachel Nicole Lee (“Defendant”) on August 9, 2021. Defendant filed an answer on May 4, 2022. On June 27, 2022, the Court granted Plaintiff's counsel's motion to be relieved. (Minute Order, 06/27/22.) On May 3, 2023, the Court granted Defendant's Motion to Compel Responses to Form Interrogatories, and Request for Sanctions, and Motion to Compel Responses to Demand for Inspection, and Request for Sanctions. (Minute ...
2023.11.14 Motion for Attorney Fees 672
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.14
Excerpt: ...vil Procedure sections 1281.97 and 1281.99 against Defendant M&N Financing Corporation (“Defendant”). Following Defendant's failure to file a responsive pleading, the Court entered its default. Default judgment was entered against Defendant on July 13, 2023. On August 24, 2023, Plaintiff filed the instant Motion for Attorney's Fees. No opposition has been filed to date. Discussion Entitlement to Attorney's Fees Plaintiff moves for attorney's ...
2023.11.14 Motion to Compel Deposition 011
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.14
Excerpt: ...NSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On June 1, 2022, Plaintiffs Sarkis Ghazaryan (“Plaintiff”) filed this motor vehicle action against Defendant Karla Nadine Kennedy (“Defendant”). Defendant filed an answer on July 12, 2022. On October 6, 2022, the case was reassigned to the limited jurisdiction court and following a trial setting conference, set for trial on November 29, 2023. (Minute Order, 03/29/23.) Plaintiff filed a substitu...
2023.11.14 Petition to Confirm Arbitration Award 232
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.14
Excerpt: ...n to Confirm Arbitration Award against Respondent James Dunn, Jr. (“Respondent”) on June 26, 2023. No response to the Petition has been filed to date. Legal Standard The instant Petition relates to attorney-client fee arbitration under Code of Civil Procedure section 6203. The “arbitration award shall become binding upon the passage of 30 days after service of notice of the award, unless a party has, within the 30 days, sought a trial after...
2023.11.13 Motion to Reclassify 385
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.13
Excerpt: ...ivil 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 warning to Plaintiff that failure to appear might result in dismissal of the action. When Plaintiff failed to appear on August 30, 2022, the Court dismissed the action without prejudice. (...
2023.10.26 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...E IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED. ANALYSIS: On January 19, 2021, an Arbitration Award was issued in favor of Interinsurance Exchange of the Automobile Club (“Petitioner”) and against Geico Casualty Insurance Company (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2023. No response has been filed to d...
2023.10.26 Motion for Summary Judgment 605
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...“Defendant”) on July 11, 2022. Defendant filed an answer in properia persona on September 26, 2022. On March 8, 2023, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order, 03/08/23.) On August 10, 2023, 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 bond application/indemnity...
2023.10.26 Demurrer to FAC 330
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...ndant”). The First Amended Complaint, also alleging a single cause of action for breach of lease agreement, was filed on October 6, 2022. On June 22, 2023, the Court denied Defendant's motion to quash service and ordered Defendant to file a responsive pleading within 20 days. (Minute Order, 06/22/23.) On July 19, 2023, Defendant filed the instant Demurrer to the First Amended Complaint. Plaintiff filed an opposition on October 3, 2023. Discussi...
2023.10.25 Motions to Compel Further Responses, for Sanctions 809
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.25
Excerpt: ..., WITHOUT OBJECTIONS, WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT NEW MANAGEMENT, LLC IS ALSO ORDERED TO PAY SANCTIONS OF $560.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On July 21, 2022, Plaintiff Totum Corporation (“Plaintiff”) filed this action for breach of contract and common counts against Defendant New Management, LLC (“Defendant”). Following entry of default against Defendant, the parties stipu...
2023.10.25 Demurrer 962
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.25
Excerpt: ...IVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ANALYSIS: Plaintiff Healthcare Ally Management of California, LLC (“Plaintiff”) brought this action against Defendant United Healthcare Services, Inc. (“Defendant”) on June 21, 2023. On September 20, 2023, Defendant f...
2023.10.24 Petition to Confirm Arbitration Award 387
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.24
Excerpt: ...aring on April 26, 2023, at which time it 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.) Petitioner filed proof of service and a notice of hearing on May 1, 2023. At the hearing on June 28, 2023, the Court again found that service was not proper. Specifically, that “[t]he proof of service and notice of hearing filed on...
2023.10.23 Motion to Quash Writ of Execution 684
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.23
Excerpt: ...ants on August 12, 2013 and renewed on September 12, 2022. On March 21, 2023, Plaintiff filed a writ of execution to enforce the judgment against Defendants Moreno, Rivera, and Arcos. Non-party Rony Estuardo Zarco (“Zarco”) served a claim of exemption on April 26, 2023 and an opposition was filed by Plaintiff on May 24, 2023. It is not clear that the claim of exemption was ever filed with the Court because it is not available through the Cour...
2023.10.19 Petition to Confirm Arbitration Award 110
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.19
Excerpt: ...ULT IN THE PETITION BEING DENIED. ANALYSIS: On August 18, 2022, an Arbitration Award was issued in favor of Petitioner Qiang Fang (“Petitioner”) and against Respondent Thomas T. Chen (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 15, 2023. No response has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court ...
2023.10.19 Demurrer, Motion to Strike 572
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.19
Excerpt: ... Law Firm (“Cross-Defendant”) filed the instant action for breach of contract, fraud, promissory estoppel, and conversion against Defendants Vera Roca, LLC (“Cross-Complainant Vera Roca”) and Pablo Vera (“Cross-Complainant Vera”) on August 23, 2022. Cross-Complainants filed a Cross-Complaint for breach of contract and fraud against Cross-Defendant on January 20, 2023. On February 3, 2023, Cross-Complainants filed a First Amended Cross...
2023.10.18 Motion to Vacate Default Judgment and Dismiss Defendant 296
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.18
Excerpt: ...��) and Antionette Shannon (“Defendant Shannon”). Following Defendants' failure to file responsive pleadings, the Court entered default judgment in Plaintiff's favor on July 16, 2013. On June 27, 2023, Plaintiff filed an Application for Renewal of Judgment with respect to Defendant Williams; the judgment was renewed on June 28, 2023. On August 1, 2023, Plaintiff filed the instant Motion to Reinstate Expired Judgment and Renew Judgment. No opp...
2023.10.17 Petition to Confirm Arbitration Award 380
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.17
Excerpt: ...LE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioners Richard Jackman and Harry Barth (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jeffrey Rosenberry, individually and on behalf of Antietam Holdings, LP (“Respondent Rosenberry”) and FINRA Regulation, Inc. (“Respondent FINRA”) on July 7, 2023. The Petition seeks to confirm the arbitration award issued on February 17, 2...
2023.10.17 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 927
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.17
Excerpt: ... Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Celia Janeth Garcia (“Defendant”). On July 19, 2022, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 07/19/22.) On September 13, 2023,...
2023.10.16 Motion to Vacate Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.16
Excerpt: ... about December 14, 2018 that led to permanent spinal cord injuries. On February 24, 2021, Plaintiff named Taher Saifullah as Doe 1 and Reginald Ajakwe as Doe 2. The matter proceeded to arbitration between Plaintiff (on one side) and Dr. Saifullah and Dr. Ajakwe (“Defendants”) (on the other). The arbitration was based on a contract that included a provision that states: “Any party may bring before the arbitrators a motion for summary judgme...
2023.10.16 Motion to Quash Subpoenas 782
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.16
Excerpt: ...ourt GRANTS Boren's request for sanctions. Background This is a personal injury case arising out of an automobile collision that occurred on December 22, 2017, in Torrance, California. On December 12, 2019, Plaintiffs Rommi Lynn Boren (“Boren”), Cooper Soto (a minor), and Parker Soto (also a minor) (collectively, “Plaintiffs”) filed a complaint asserting causes of action for motor vehicle negligence and negligence against Defendants Laura...
2023.10.12 Motion to Vacate Default, Judgment, to Quash Service of Summons of Complaint 326
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...G EXHIBITS DEMONSTRATING HIS HOME ADDRESS, USUAL PLACE OF ABODE, USUAL PLACE OF BUSINESS, AND USUAL MAILING ADDRESS AT THE TIME OF THE PURPORTED SUBSTITUTE SERVICE IN THIS ACTION. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: On August 30, 2021, Plaintiff Lauren Michelle Chase (“Plaintiff”) filed the instant action against Defendant Bryan Kennedy Seals (“Defendant”). Plaintiff filed proof of substitute service of the S...
2023.10.12 Demurrer, Motion to Strike 287
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...aintiff”) brought this action for quantum meruit and breach of contract against Defendant Blue Cross of California dba Anthem Blue Cross (“Defendant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended ...
2023.10.12 Demurrer 289
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...ant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.11 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 301
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ance Company (“Plaintiff”) filed this subrogation action against Defendant Jessica Summer Doolan (“Defendant”). On July 28, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 07/28/21.) On December 21, 2021, Plaintiff filed...
2023.10.11 Motion for Attorney Fees 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ct (“the RFDCPA”), Cal. Civ. Code § 1788, et seq. and the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. against LVNV Funding, LLC (“Defendant LVNV”), The Law Offices of Harris and Zide, LLP, and Capital One, N.A (“Defendant Capital One”), on January 3, 2023. The Complaint mentions that Defendants' conduct also violated the federal Fair Debt Collection Practices Act (“the FDCPA”) but does not bring a ...
2023.10.11 Demurrer 609
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ant”) on December 27, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.11 Demurrer 286
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.10 Motion to Tax Costs 597
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.10
Excerpt: ...2001 FBO Vicki Rider (“Defendant Rider”) and Terry Holden As Trustee Of The Marlem F. Mason And Helen A. Mason Revocable Trust Dated June 26, 2001 FBO Terry Holden (“Defendant Holden”) (collectively, “Defendants”). The case came for trial on June 5, 2023, at which time the trial court entered judgment in Plaintiff's favor in the amount of $4,000.00. (Minute Order, 06/05/23.) Plaintiff filed a memorandum of costs on June 12, 2023 and a...
2023.10.10 Motion to Enforce Settlement and Enter Judgment 089
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.10
Excerpt: ...ssbaum, APC (“Plaintiff”) filed the instant action against Defendant Mary E. Bennett (“Defendant”). On the trial date of May 3, 2023, both parties appeared and represented that the case had been settled. (Minute Order, 05/03/23.) The terms were read into the record as follows: “Defendant has 30 days to pay $5,753.89 if not they will have to pay the full amount; each party shall pay its own costs and fees; and once the payment is complet...
2023.10.09 Demurrer, Motion to Strike 091
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.09
Excerpt: ...d the instant action for breach of contract and common counts 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's demurrer to the Cross-Complaint with leave to amend. (Minute Ord...
2023.10.05 Motion to Vacate Default, Judgment, to Quash Service 404
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...EET COURTHOUSE. ANALYSIS: On February 13, 2020, Plaintiff Prime Point Contracting, Inc. (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Araksya Dulbenchyan (“Defendant”). Plaintiff filed proof of personal service of the Summons and Complaint on February 15, 2022. When Defendant failed to file a responsive pleading, Plaintiff obtained their default on June 6, 2022. The Court set an Order to Show Cause...
2023.10.05 Motion for Attorney Fees 314
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ... JUDGMENT. ANALYSIS: On October 1, 2020, Plaintiff CMG Mortgage, Inc. dba CMG Financial (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Byron Enriquez (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 23, 2022. (Minute Order, 03/23/22.) The case came for trial on April 1, 2022, after which the Court enter...
2023.10.05 Motion for Attorney Fees 311
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...S: On October 1, 2020, Plaintiff CMG Mortgage, Inc. dba CMG Financial (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Cristina McDonald (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 21, 2022. (Minute Order, 03/21/22.) The case came for trial on April 1, 2022, after which the Court entered judgment in ...
2023.10.05 Demurrer 941
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...n the parties that would obligate Defendant to pay $22,401.00. OPPOSITION: The terms of the parties' contract are clearly alleged according to its legal effect, as is the manner in which Defendant breached the agreement. The Complaint also alleges that Defendant became indebted to Plaintiff on an open book account for work and services rendered. The demurrer is vague, uncertain and ambiguous. REPLY: The Complaint does not allege the material term...
2023.10.04 Motion to Vacate Dismissal and Enter Judgment 878
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...23, 2019. On February 1, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/01/21.) On the April 26, 2021 trial date, the parties appeared and represented that the action had settled. (Minute Order, 04/26/21.) On June 29, 2021, Plaintiff filed a Notice of Settlement, and the Order to Show Cause Re: Status of Settlement and Dismissal held on the same day was continued to August 10, 2021. (Minute Order, 06/29/21.)...
2023.10.04 Motion for Summary Judgment 773
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...an answer on December 7, 2022. On July 10, 2023, 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 contract. (Compl., p. 3.) Plaintiff alleges that the parties entered into a note (“the Note”) secured by a deed of trust (“the Deed of Trust”) that required Plaintiff to pay Defendant $400,000.00 on or before January 1, 2023, ...
2023.10.02 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 119
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...CIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON FEBRUARY 2, 2022. ANALYSIS: On February 4, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant Danny Martinez aka Danny Lopez Martinez (“Defendant”). On October 25, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and rete...
2023.10.02 Motion for Reconsideration 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...n violation of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action is for...
2023.10.02 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...er, Decision, or Award of the Labor Commissioner. On January 7, 2021, Petitioner filed a Notice of Assignment of Judgment, naming Creative Recovery Concepts, Inc. (“Judgment Assignee”) as Assignee of Record. On August 5, 2021, Judgment Assignee filed an Application and Order for Appearance and Examination, which was set for hearing on February 7, 2022. On February 7, 2022, counsel for Respondent appeared and indicated that a Motion to Quash h...
2023.09.28 Motion to Vacate Dismissal and Enter Judgment 413
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...RINCIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON JUNE 2, 2021. ANALYSIS: On January 14, 2021, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant 3132 East Pico LLC aka LLC 3132 East Pico (“Defendant”). On May 5, 2021, Plaintiff filed a copy of the parties' stipulated settlement agreement. On August 9, 2023, Plaintiff ...
2023.09.28 Motion to Vacate Dismiss and Enter Judgment 426
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...AL PLUS SEVEN (7) PERCENT INTEREST PER ANNUM FROM SEPTEMBER 2, 2021. ANALYSIS: On August 31, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this subrogation action against Defendant Kyle Anderson (“Defendant”). On July 28, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Ci...
2023.09.27 Petition to Release Mechanic's Lien 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...er Felix, LLC (“Petitioner”), filed a Petition for Release of Mechanic's Lien against Respondent Global Plumbing & Fire Supply (“Respondent”) on March 30, 2023. The Petition came for hearing on August 3, 2023, at which time the Court ordered Petitioner to file and serve an Amended Petition that included a legal description of the property that is subject to the lien. (Minute Order, 08/03/23.) Petitioner filed an Amended Petition on August...

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