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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...granted Plaintiff's application for service by publication on March 1, 2022 and proof of service by publication was filed on May 20, 2022. Following Defendant's failure to file a responsive pleading, the Court entered default on October 12, 2022 and default judgment on December 12, 2022. Notice of entry of ju dgment was filed on February 10, 2023. Defendant filed the instant Motion to Vacate Default and Default Judgment on December 28, 2023. Plai...

Excerpt: ...“Plaintiff”), in pro per, filed this action for breach of loan agreement against Defendant Thomas Johnson (“Defendant”). Defendant, also in pro per, filed an answer on May 18, 2023. Following mediation, the parties signed and filed a settlement agreement on February 5, 2020. (Minute Order, 02/05/23.) The Court also dismissed the action with a retention of juri sdiction to enforce the stipulation pursuant to Code of Civil Procedure section...

Excerpt: ...ustin Maglasang and Steve Gordon (“Defendants”). On March 15, 2022, the Court denied Plaintiff's application for writ of possession without prejudice. (Minute Order, 03/15/22.) The action came for trial on April 7, 2022 and at Plaintiff's request for additional time to serve Defend ants, the Court set an order to show cause for July 20, 2022. (Minute Order, 07/20/22.) Plaintiff's application for writ of possession was denied on the merits on ...

Excerpt: ...rity deposit, retaliation, breach of contract, infliction of emotional distress, harassment, breach of implied covenant of good faith and fair dealing, and promissory estoppel against Defendants Yervand Azizyan and Emilya Papoyan (“Defendants”) on December 20, 2021. The matter was originally assigned to an unlimited jurisdiction court and set for mandatory settlement conference on June 30, 2022. (Minute Order, 05/19/22.) Followi ng the mandat...

Excerpt: ...lory Jewelry (“Neoglory”), Yue Lu (“Defendant Lu”) and Li Wu (“Defendant Wu”). Plaintiff filed proofs of substitute service of the Summons and Complaint on October 3, 2023. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on November 22, 2023 and default judgment on December 26, 2023. On February 7, 2024, Defendants filed the instant Motion to Vacate Default and Default Judgment. Plaintiff filed a...

Excerpt: ... action for (1) violation of Civil Code section 1942.4, (2) tortious breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) nuisance, (5) violation of Cal. Business and Prof. Code section 17200 et seq., (6) negligence, and (7) fraudulent concealment/non -disclosure. Defendant's demurrer to the Complaint was overruled on July 20, 2023 and they filed an answer on August 8, 2023. Plaintiff filed the instant Motion to Recl...

Excerpt: ...INED FOLLOWING IN CAMERA REVIEW. THE MOTION IS DENIED AS TO THE REMAINING REQUESTS. 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. On December 14, 2023, the Court ru...

Excerpt: ...iff”) filed the instant action for interpleader against Defendants Eric Mintz (“Defendant Mintz”), Euro Spec Motoring, Inc. (“Defendant Euro”), and Law Offices of David R. Denis, P.C. (“Defendant LODD”). On January 25, 2024, Defendant LODD filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on February 15, 2024 and Defendant LODD replied on February 22, 2024. Discussion Allegations in the Complaint The Complai...

Excerpt: ...Compass Bank (“Defendant”). The case was originally assigned to the unlimited jurisdiction court. On February 15, 2023, the Court sustained Defendant's demurrer to the First Amended Complaint with leave to amend. (Minute Order, 02/15/23.) Plaintiff filed the Second Amended Complaint on December 14, 2023. On December 26, 2023, the Co urt reclassified the action as a limited jurisdiction case. (Notice of Reclassification, 12/26/23.) On January ...

Excerpt: ...ation of the Unruh Civil Rights Act (“the UCRA”). D efendant filed the instant Demurrer to the Complaint on January 25, 2024. Plaintiff filed an opposition on February 14, 2024 and Defendant replied on February 21, 2024. Discussion Plaintiff alleges that he is a visually impaired individual who requires screen -reading software to access and read website content. (Compl., ¶3.) Defendant is the owner/operator of a public accommodation known a...

Excerpt: ... (“Defendant”) and American Contractors Indemnity Company (“ACIC”). Plaintiff filed the First Amended Complaint on May 9, 2022, and following the Court sustaining the demurrer with leave to amend, filed the Second Amended Complaint on August 18, 2022. On October 26, 2022, the Court overruled the demurrer to the Second Amended Complaint and accepted the parties' stipulation to reclassify the actio n as a limited jurisdiction case. (Minute ...

Excerpt: ...gainst Defendants Victor A. Velasquez and Melissa Vargas (“Moving Defendants”), among others. The Complaint alleges a single violation of section 51 of the Unru h Civil Rights Act. (Compl., ¶7.) The Court overruled Moving Defendants' demurrer to the Complaint on February 16, 2022 and they filed an answer the next day. On May 23, 2023, Moving Defendants filed a notice of related case with respect to Diaz v. Velasquez, et al. , LASC Case No. C...

Excerpt: ...cia (“Defendants”). Defendants filed the instant Motion to S trike Punitive Damages on December 22, 2023. Plaintiff filed an opposition on February 7, 2024 and an additional opposition on February 13, 2024. Defendants filed a reply on February 21, 2024. Discussion Defendants bring the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Procedure section 436. The Motion is accompanied by a meet and confe...

Excerpt: ...S. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner BMW Financial Services, NA (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Tiffany Coleman (“Respondent”) on September 20, 2023. The Petition initially came for hearing on January 24, 2024 in Department 25 of the Spring Street Courthouse, at which time Respondent appeared. (Minute Order, 01/24/24.) The case was th...

Excerpt: ...��) for breach of contract. On November 14, 2022, Plaintiff filed Proof of Service of Summons and Complaint by personal service. (Proof o f Personal Service, filed 11/14/22.) On December 9, 2022, Defendant filed a Motion to Quash Service of Summons, which the Court granted on January 5, 2023. (Minute Order, 01/05/23.) On August 24, 2023, Plaintiff applied for an order for service by publication, which the Court granted. (Order for Publication, 08...

Excerpt: ...otion to compel production of documents pursuant to deposition subpoena and issued sanctions against Plaintiff in the amount of $100.00. (Minute Order, 07/18/23.) Plaintiff filed a motion for sanctions on August 2, 2023, then filed a First Amended Complaint on September 8, 2023. The Court struck the First Amended Complaint because it was filed without leave. (See Code Civ. Proc., §§ 472, subd. (a), 436, subd. (b).) The Court denied the first mo...

Excerpt: ...t action for habitability violations, nuisance, negligence, and breach of contract against Defendants LA Housing Solutions, LLC, Peerless Apartments, LLC, and Marc A. Schneider (“Defendants”) on April 10 , 2023. Defendants filed a Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. The Demurrer was sustained with leave to amend on September 14, 2023 and the Motion to Strike was placed off calendar. (Minute Order, 09/...

Excerpt: ...ADMISSIONS, SET ONE, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $700.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. SANCTIONS STAYED TWENTY DAYS AND MAY BE PERMANENTLY STAYED UPON DISCOVERY COMPLIANCE Defendant Veros Credit, LLC's Motion for Order Compelling Further Responses to Request for Production of Documents, Set One, and Request for Sanction is DENIED. ANALYSIS: Plaintiff Andrea Howard (�...

Excerpt: .... Plaintiff filed a Motion for Summary Adjudication against Defendant CC on June 26, 2023. The Motion for Summary Adjudication was denied without prejudice on August 21, 2023. (Minute Order, 08/21/23.) The instant Motion for Summary Judgment, or in the alter native, Summary Adjudication, was filed on August 25, 2023. Defendant CC filed a joint opposition on December 6, 2023 and Plaintiff replied on December 26, 2023. On January 29, 2024, the case...

Excerpt: ...iff”) filed the Complaint in this action against Defendant Katherine Huber (“Defendant”). Proof of substitute service was filed on December 5, 2023. The instant Motion to Quash was filed by Defendant on December 27, 2023. Plaintiff filed an opposition on January 30, 2024 and Defendant replied on February 2, 2024. Discussion Defendant moves to quash service of the Summons and Complaint on the grounds that Plaintiff did not properly sub -serv...

Excerpt: ...int. (“Respondent”). The action was assigned to Limited Jurisdiction Department 25 in the Spring Street Courthouse. On February 10, 2023, Writs and Receivers Department 85 in the Stanley Mosk Courthouse denied Petitioner's ex parte application for writ of possession. (Minute Order, 02/10/23.) The denial was without prejudice to Petitioner bringing a noticed motion for wr it of possession. (Ibid.) On February 28, 2023, Writs and Receivers Depa...

Excerpt: ...COMPLAINT IS TO BE FILED AND SERVED WITHIN 10 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Joshua Rogers (“Plaintiff”) filed the instant action against Defendants Torino Carr (“Defendant Carr”) and Adriana Oh (erroneously sued as Andrea Oh) (“Defendant Oh”) on August 23, 2021. The Complaint asserted causes of action for breach of contr act and common counts. On December 28, 2021, Plaintiff filed the First Amended Complaint, alleging causes...

Excerpt: ..., Inc. and Deion Gerhard (“Cross -Complainants Century Property and Gerhard”) on Jul y 27, 2022. Cross-Complainants Century Property and Gerhard filed an answer and cross -complaint against Cross- Defendant Weiner, Art Koomer, and Michael Koomer on November 23, 2022. Arthur Koomer and Michael also filed cross - complaints against unnamed cross-defendants on May 18, 2023 and June 30, 2023, respectively. Cross -Defendant Weiner's filed the inst...

Excerpt: ...of of Services of Summons, stating that it had served Defendant with the Summons, Complaint, and other documents by substitute service. (Proof of Personal Service, filed 07/14/22.) On August 9, 2022, Defendant filed a Notice of Stay of Proceedings due to arbitration. (Notice of Stay, filed 08/09/22.) On September 22, 2022, Plaintiff filed a Notice of Termination of Stay of Proceedings, informing the Court that the arbitration proceed ing was term...

Excerpt: ...ividually and dba Lantastic Group, Inc. (“Defendant Zheng”), and Lantastic Group, Inc. (“Defendant Lantastic”). When Defendants failed to file a responsive pleading, Plaintiff obtained their default on May 11, 2023 and default judgment on May 25, 2023. On December 21, 2023, Defendant Zheng filed a declaration that appears to be a claim of exemption. The claim of exemption was denied by the Court on the same date. On January 12, 2024, Defe...

Excerpt: ...anic's Lien against Respondents Robertson's Ready Mix, Ltd. And Tiffany Lambo (“Respondents”) on August 9, 2023. Respondent filed an opposition on November 29, 2023 and Pe titioner replied on November 30, 2023. Respondent filed evidentiary objections on December 4, 2023. At the hearing on December 13, 2023, the Court heard oral argument from both parties and took the matter under submission. (Minute Order, 12/13/23.) On December 27, 2023, the...

Excerpt: ... (“Defendant”) for injuries sustained during an incident with officers. On June 26, 2023, Defendant filed a motion to dismiss the action without prejudice under CRC rule 3.110(b), Government Section 68608(b) and Code of Civil Procedure section 575.2, subdivision (a). The Court denied the motion to dismiss on September 18, 2023, and granted Defendant's oral request for 30 days' leave to file a demurrer. On October 16, 2023, Defendant filed the...

Excerpt: ...omobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Geovanni Rigoberto Vera-Rodriguez (“Defendant”) on January 17, 2018. Defendant filed an Answer on April 30, 2018. On April 27, 2021, Plaintiff filed a copy of a settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action ...

Excerpt: ...ce Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Feliciano Adame Lugardo (“Defendant Lugardo”) and Gregorio Beltran Miranda on December 27, 2018. On January 3, 2023, Plaintiff filed a copy of a settlement agreement with Defendant Lugardo 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 stipula...

Excerpt: ...t James”). The Complaint alleges causes of action for (1) open book account; (2) account stated; (3) reasonable value; (4) breach of contract; and (5) breach of guarantee. Defendant James filed an answer on September 29, 2021. Following no response from Defendant Black Diamond, the Court entered its default on November 9, 2021. The case came for trial on September 18, 2023, but there was no appearance by Defendant James. (Minute Order, 09/18/23...

Excerpt: ...ation against Defendant Arson Sanchez (“Defendant”) on May 12, 2020. On March 3, 2022, 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 03/03/22.) Plaintiff filed the instant Motion to Vaca...

Excerpt: ...ant”). The Court granted Plaintiff's application for service by publication on March 1, 2022 and proof of service by publication was filed on May 20, 2022. Following Defendant's failure to file a responsive pleading, the Court entered default on October 12, 2022 and default judgment on December 12, 2023. Notice of entry of judgment was filed on February 10, 2023. Defendant filed the instant Motion to Vacate Default and Default Judgment on Decem...

Excerpt: ...D JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Broadcast Music, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Cowboy Country Two, Inc. (“Respondent”) on September 8, 2023. Proof of substitute service was filed on December 14, 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 to confir...

Excerpt: ...s”). No proof of service has been filed. The Motion to Quash was filed by Defendants on December 7, 2023. No opposition has been filed to date. Discussion Defendants moves to quash service of the Summons and Complaint on the grounds that Plaintiff did not personally serve either defendant, did not provide more than one summons and complaint to Defendant's representative, did not complete the summons and state whether the summons was for the ind...

Excerpt: ...oryshyna (“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. On June 29, 2023, Judgment Creditor served an Affidavit for Order for Appearance and Examination of Masud Hakim (“Masud Hakim”). Judgment Creditor also served Masud Hakim with a Subpoena Duces Tecum on July 3, 2023, seeking Masud Hakim's appearanc...

Excerpt: ...Defendant”) on August 15, 2023. Following the filing of Defendant' demurrer to the Complaint, Plaintiff filed a First Amended Complaint on November 14, 2023. On December 26, 2023, Defendant filed the instant demurrer to the Complaint. Plaintiff filed an opposition on Janaury 16, 2024. Discussion The First Amended Complaint alleges causes of action for (1) negligent misrepresentation; and (2) promissory estoppel. Defendant demurs to each cause o...