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

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

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

Excerpt: ... 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: ...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: ...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...