Excerpt: ...iolations against Defendants Bipin Gala (“Defendant Gala”) and Yvonne Magana aka Ibon Magana (“Defendant Magana”) on June 1, 2023. Defendant Magana filed an answer on August 7, 2023. Following Defendant Gala's failure to file a responsive pleading, the Court entered their default on August 11, 2023. Defendant Gala filed the instant Motion to Vacate Default on August 29, 2023. On August 31, 2023, Plaintiff filed only evidentiary objections...

Excerpt: ...nts, Set 2, and for Sanctions, are DENIED. ANALYSIS: On August 1, 2019, Plaintiffs Antonio Cabral and Patricia Cabral (“ Plaintiffs”) filed this action for trespass, trespass to chattles, and conversion against Defendant Carlos M. Quintana (“Defendant Quintana”). Plaintiffs filed a First Amended Complaint on March 5, 2020 adding Quint Tax Services Corporation as a defendant, and causes of action for nuisance and negligence. Defendant Quin...

Excerpt: ...1. Defendant filed an Answer on June 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.) On June 6, 2023, the Court granted Plaintiff's Motion for Judgment on the Pleadings, based on the admissions. (Minute Order, 06/0...

Excerpt: ...ril 4, 2019, Cross-Complainant filed a Cross-Complaint against Cross-Defendant. The Court granted Cross-Defendant's Motion to Deem Requests for Admission Admitted Against Cross- Complainant on November 7, 2019. However, the Court denied Cross-Defendant's Motion for Terminating Sanctions on July 8, 2020. The matter came for trial on September 3, 2020 and the Court continued the trial date to July 8, 2021. Due to there being no judge available for ...

Excerpt: ... STATUTORY REQUIREMENTS. ANALYSIS: Petitioner Jerome St. Martin (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 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 ...

Excerpt: ...OF THIS ORDER. ANALYSIS: Petitioner Stephanie Granato, Esq. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Boku International, Inc. (“Respondent”) on April 27, 2023. The Petition was initially set for hearing on August 31, 2023 but was continued prior to the hearing date to September 14, 2023. (Notice Re: Continuance of Hearing, 05/30/23.) No response to the Petition has been filed to date. Legal...

Excerpt: ...ALYSIS: Plaintiff Gizella Wade (“Plaintiff”) filed the instant 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 the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. Plaintiff filed oppositions on August 31, 2023 and Defendants r...

Excerpt: ...ts Ammie Laverne Freeman (“Defendant Freeman”), Tamara Kirk (“Defendant Kirk”), AVIS Budget Car Rental, LLC, and AVIS Rent A Car System, LLC (“the AVIS Defendant”) on June 23, 2022. The AVIS Defendants filed an answer on September 14, 2022. Plaintiff's applications for service by publication upon Defendants Freeman and Kirk were rejected by the Court on February 1, 2023. The AVIS Defendants filed the instant Motion for Summary Judgmen...

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 Appeara...

Excerpt: ...rance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Maricela Avila (“Defendant”). On December 5, 2022, the Court granted Plaintiff's motion to compel responses to form interrogatories and request for monetary sanctions. (Minute Order, 12/05/22.) The Court also granted Plaintiff's motion for issue sanctions against Defendant on April 24, 2023. (Minute Order, 04/26/23.) Plaintiff filed the instant Moti...

Excerpt: ...tion 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 was for brea...

Excerpt: ...ATE DISMISSAL AND ENFORCE SETTLEMENT. ANALYSIS: Plaintiff Interinsurance Exchange 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 settled. (Minute Order, 09/1...

Excerpt: ...e for trial on August 11, 2022, at which time Defendant did not appear. (Minute Order, 08/11/22.) Following Plaintiff's showing, the Court entered judgment in its favor. (Ibid.) Defendant filed the instant Motion to Vacate Judgment on March 8, 2023. Plaintiff filed an opposition on March 27, 2023. The case was then transferred to the limited jurisdiction court on May 1, 2023. (Minute Order, 05/01/23.) Discussion Defendant brings this motion pursu...

Excerpt: ...tion against Defendant Yulio Coleman (“Defendant”) on April 14, 2022. However, Defendant was only served with the Summons and Complaint on June 4, 2023. Defendant filed an answer on June 30, 2023 and the instant Motion to Continue Trial on July 17, 2023. Plaintiff filed an opposition on August 18, 2023. Discussion “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The Court ...

Excerpt: ...itration Award (the “Petition”) against Respondent Sergio Duarte (“Respondent”), on March 9, 2023. The Court initially set the hearing on the Petition for July 13, 2023, then advanced the date at Petitioner's request to June 6, 2023. (Notice of Hearing, 03/09/23.) Petitioner filed two requests for entry of default that have been rejected by the clerk's office. No response to the Petition has been filed to date. Legal Standard “Any party...

Excerpt: ...ompany (“Plaintiff”) filed the instant action for automobile subrogation against Rudy Santos on April 5, 2019. On July 1, 2019, Plaintiff added Defendant Santos Rudi Vaquerano (“Defendant”) and dismissed Rudy Santos on July 11, 2019. 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 on October 1, 2020. The Court dismissed the a...

Excerpt: ...fendant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted ...

Excerpt: ...ight”). Plaintiff filed a first amended complaint on March 29, 2023, alleging a single cause of action for violation of the Unruh Civil Rights Act (“the UCRA”). Defendants filed an answer on May 25, 2023 and the instant Motion on July 14, 2023. Plaintiff filed an opposition on August 16, 2023, and Defendants replied on August 22, 2023. Evidentiary Objections Defendants' evidentiary objections to Plaintiff's declaration are overuled. Defenda...

Excerpt: ...e Reed and the Law Offices of Lorden and Reed (“Respondents”). Proof of substitute service of the Petition and Notice of Hearing was filed with the Court on April 14, 2023. No response has been filed to date. Discussion Petitioner contends the arbitration award issued on March 13, 2023 by Keith G. Wileman (“the arbitrator”) must be vacated because (1) the award was obtained by corruption, fraud, or other unfair means; (2) the arbitrator w...

Excerpt: ...TS. INTEREST SOUGHT IS TO BE SET FORTH AS A CALCULATION IN THE PROPOSED JUDGMENT. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On March 2, 2023, Petitioner One Ring Networks, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Paul Sagoo (“Respondent”). Respondent filed a response in the form of a Petition to Correct or Vacate Arbitration Award on April 26, 20...

Excerpt: ...o file a responsive pleading, default judgment was entered on August 12, 2003. The judgment was renewed on July 10, 2013 and May 25, 2023. Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on July 12, 2023. Judgment Creditor filed an opposition on July 27, 2023 and Judgment Debtor replied on August 2, 2023. Evidentiary Objections Judgment Debtor's evidentiary objections to the declaration of William J. Hamilton in support of ...

Excerpt: ...fendant”) on June 6, 2018. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502. The parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolidate, filed 02/11/20.) On April 23, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The C...

Excerpt: ...ecember 3, 2019. Defendant filed an answer on January 9, 2020. On July 7, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court denied the request on the same date. (Stip for Entry of Judgment and Order, 07/07/20.) On September 22, 2020, the Court entered Defendant's dismissal from the Complaint without prejudice, pu...

Excerpt: ...lein (“Plaintiffs') filed this action against Defendant Santana Cycles, Inc. dba Santana Adventures (“Defendant”) on October 11, 2022. Defendant filed a Demurrer to the Complaint on March 21, 2023, which was set for hearing on May 9, 2023. Following transfer of the action to the limited jurisdiction court, Defendant filed a reply on June 20, 2023. Plaintiffs filed an opposition on July 28, 2023, which was previously served on Defendant on M...

Excerpt: ...T COURTHOUSE. ANALYSIS: On January 12, 2023, Plaintiff National Commercial Recovery, Inc. dba Blair Smith and Associates (“Plaintiff”) filed this action against Defendants Alchemy Group Concepts LLC dba Kai's Table, Alchemy Group Spirits LLC dba Kai's Table; Norman Lee aka Norman Detric Lee aka Norman Kai Lee aka Kai Lee, and Erica Pesso (“Defendant Pesso”). Following Defendants' failure to file responsive pleadings, the Court entered the...

Excerpt: ...ion against Defendant Miguel A. Jimenez (“Defendant”) on March 10, 2020. Defendant filed an answer on September 24, 2020. On March 10, 2022, Plaintiff filed a copy of its 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. (Stip for Entry of Judgment and Order, 03/...

Excerpt: ...ION, WITHIN 20 DAYS' NOTICE 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 October 7, 2022. On May 4, 2023, Plaintiff Aparicio filed Motion to Compel Further Responses to Request for Production of Documents against Defendant Hambel, which th...

Excerpt: ... On December 6, 2022, Petitioner Los Angeles County Sheriff's Department, Taskforce for Regional Autotheft Prevention, East Team (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondent Mike Saleh (“Respondent”). The Petition came for hearing on May 11, 2023, at which time only Respondent appeared. (Minute Order, 05/11/23.) At Respondent's request, the hear...

Excerpt: ... OF THIS ORDER. THE TRIAL DATE OF AUGUST 9, 2023 IS VACATED. ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION PROCEEDING IS SET FOR DECEMBER 11, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. Discussion On February 9, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action by a Petition for Case Number for Protective Order pursuant to Cal. Insurance Code section 11580.2. Due to cler...

Excerpt: ... OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $2,125.00 TO PLAINTIFF'S COUNSEL, ALSO WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On January 10, 2020, Plaintiff Basta, Inc. (“Plaintiff”) filed this action for “wrongful use of civil proceedings” against Defendant Irene Zendano, individually and as trustee of the Irene Valerie Zendano Family Revocable Living Trust U.T.D. May 9, 2015 (“Defendant”). Following Defendant's fai...

Excerpt: ...r to the Complaint on June 13, 2023. Plaintiff filed an opposition on July 13, 2023. Discussion The Complaint alleges causes of action for (1) violation of Consumers Legal Remedies Act, Civil Code § 1750 et seq.; and (2) violation of California Business and Professions Code § 17200, et seq., based on the following facts. On November 14, 2019, Plaintiff when to 5 Star Auto Group dba Billion Auto Group's (“Seller”) place of business and purch...

Excerpt: ...nce Company (“Judgment Creditor”) filed the instant action against Defendant David Franco (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on June 22, 2022. On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. The Motion initially came for hearing on May 22, 2023, at which time Judgment Creditor appeared to argue in opposition. (Minute Order, 05/22/23.) The Court cont...

Excerpt: ...nt”) 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.) On May 12, 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 indemnity agreement. Plaintiff alleges th...

Excerpt: ... Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. On February 15, 2023, the Court granted Defendant's motion for summary judgment and the Court entered judgment accordingly on March 30, 2023. Defendant filed a memorandum of costs on April 20, 2023 and Plaintiff filed the instant Motion to Tax Costs on May 8, 2023. Discussion “Any notice of motion to strike or to tax...

Excerpt: ...vice Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: Reconsider the ruling denying Defendant's motion to vacate judgment. New evidence shows that the conversation about the account could not have occurred in August 1998. The IRS levy on Defendant's corporate account was issued in 1996, which is when she called Home Sav...

Excerpt: ... 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: The Court should assign any and all amounts owed to Judgment Debtor Lopez pursuant to a residential lease agreement with Sotheby's International Realty and/or Alexandra Pfeifer, in an amount to satisfy the judgment. OPPOSITION: None filed as of July 24, 2023. REPLY: None filed as of July 24, 2023. TENTATIVE RULING: Judgment Credi...

Excerpt: ...fendant on August 28, 1998. The judgment was renewed on December 7, 2007 and August 28, 2017. On July 3, 2012, an Assignment of Judgment was filed, naming Credilogical Systems, LLC (“Judgment Assignee”) as the judgment creditor. On February 5, 2018, Defendant filed a Motion to Set Aside Judgment (“the First Motion to Vacate”) in pro per. The First Motion to Vacate was opposed by Judgment Creditor and came for hearing on March 15, 2018. Th...

Excerpt: ...on Law, and claim against surety against Defendants Austra Motors, Inc. (“Defendant Austra”) and State National Insurance Company (“Defendant SNIC”) on June 3, 2021. Default was entered against Defendant Austra on September 8, 2021; Defendant SNIC was dismissed on January 20, 2022. Judgment after default was entered in favor of Plaintiffs and against Defendant Austra on January 25, 2023. Plaintiffs filed the instant Motion for Attorney's ...

Excerpt: ...rvice of the Summons and Complaint on July 28, 2006. Following no response to the Complaint, default judgment was entered against Judgment Debtor on October 24, 2006. The judgment was renewed on November 17, 2014 and December 22, 2022. Judgmen Debtor filed the instant Motion to Quash Service and Dismissal of Action on February 21, 2023. Judgment Assignee PMGI, LLC (“Judgment Assignee”) filed an opposition on February 28, 2023 and Judgment Deb...

Excerpt: ...ts Patrick Desmore (erronously sued as Patrick K. Desmore), Yolanda Desmore, Robert Bautista (erroneously sued as Robert Apodaca), April Apodaca, Cesar Montenegro, Kimberly Bray (erroneously sued as Kimberly Brae), and Edward Silberstein. All Defendants filed an answer except Defendant Yolanda Desmore, who has been dismissed. This action arises from a dispute over a construction bond in the penal sum of $15,000.00 issued to S. CA. Construction Co...

Excerpt: ...E-COMPLIANT AMENDED RESPONSES WITHIN 20 DAYS' SERVICE OF THIS ORDER. ALSO, DEFENDANT SOLARIS TRADING CORPORATION DBA GRAND AMERICAN TIRE AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $2,400.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff Parts Authority, LLC (“Plaintiff”) filed the instant action for breach of contract and fraud against Defendants Solaris Trading Corporation d...

Excerpt: ...ff”) filed the instant action for property damage against Defendants County of Los Angeles, Deputy Bruce Ramirez and Deputy Thomas Song. Defendants Ramirez and Song filed an Amended Answer to the Complaint on April 3, 2023. Defendant Song filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on March 3, 2023. The Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Plainti...

Excerpt: ...: A. Factual Background On February 7, 2023, Plaintiff Genevieve Germain (“Plaintiff”) filed this action against Defendants Behringer Harvard Redwood, LLC, Greystar Worldwide, LLC, GS Redwood Property, LLC, Greystar California, Inc. and Does -1000, inclusive, asserting causes of 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) v...

Excerpt: ...nitially came for hearing on December 13, 2022 at which time the Court noted that Petitioner lacked proper legal representation. (Minute Order, 12/13/22.) The hearing was continued to March 14, 2023 and an Order to Show Cause regarding Petition's legal representation was set for March 1, 2023. (Ibid.) On March 1, 2023, the Order to Show Cause was again continued to April 18, 2023 with admonition to Petitioner that the action would be dismissed if...

Excerpt: ...ONS OF $100.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Standard A party seeking discovery of a non-party may do so through an oral deposition under Chapter 9, a written deposition under Chapter 11, or a deposition “for production of business records and things under Article 4.” (Code Civ. Proc., § 202.010.) “Any party may obtain discovery . . . by taking in California the oral deposition of any person, inclu...

Excerpt: ...fendant Shaun Moody (“Defendant”). On January 17, 2023, the parties filed a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach. The case was dismissed without prejudice, and the Court retained jurisdiction pursuant to CCP § 664.6. Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment on June 12, 2023. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brou...

Excerpt: ...019. Following Defendant's failure to file a responsive pleading, the Court entered their default on November 13, 2019, and default judgment on January 17, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on December 12, 2022. Plaintiff filed an opposition on December 30, 2022. The Motion initially came for hearing on January 5, 2023, at which time the Court continued the hearing to allow Defendant to file and serve...

Excerpt: ...against Defendants Behringer Harvard Redwood, LLC, Greystar Worldwide, LLC, GS Redwood Property, LLC, Greystar California, Inc. and Does -1000, inclusive, asserting causes of 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 concealmen...

Excerpt: ...against Defendant Michelle Wilson (“Defendant”) asserting causes of action for (1) subrogation claim and (2) indebtedness. On December 13, 2021 the parties entered into a stipulation for a judgment against Defendant, whereby Defendant was to pay $80 every month beginning on December 12, 2021 (and due on the 12th of every month) until the amount of $6,268.69 was paid in full. The parties filed the stipulation with the Court on February 25, 202...

Excerpt: ...fendant filed the instant Motion for Summary Judgment, or, in the alternative, Summary Adjudication against Plaintiff on April 26, 2023. Plaintiff filed an opposition on June 28, 2023. No reply was filed. Discussion Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., ¶1.) He further alleges he visited “Pizza Hut” located at 1219 N. Atlantic Blvd., Alhambra, California (“the ...

Excerpt: ...ises, Inc. (“Defendant” or “Cross-Complainant”). On August 30, 2019, Defendant filed an answer and a cross-complaint against Cross-Defendant. On November 2, 2021, judgment was entered for Cross-Complainant and against Cross-Defendants in the statutorily prescribed maximum amount of $25,000. On January 27, 2023, the Appellate Division affirmed this Court's judgment and issued the Remittitur on April 4, 2023. Cross-Complainant filed the ins...

Excerpt: ...led 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 case was initially assigned to the Limited Jurisdiction Court, th...

Excerpt: ...stimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other orders as may be appropriate to protect the person from unreasonable or oppressive ...

Excerpt: ...y may move for an order compelling a further response if the propounding party deems that the responses are evasive, incomplete, an objection is without merit or too general. (Code of Civ. Proc., § 2031.310, subd. (a).) A motion for an order compelling further responses shall be accompanied by a meet and confer declaration (Code of Civ. Proc., § 2031.310, subd. (b)(2)), and notice of the motion shall be given within 45 days of the service of th...

Excerpt: ...name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.) A response to ...

Excerpt: ...�) filed the instant action for motor vehicle negligence and personal injury against Defendant Sasha Nicole Preston-Suni (“Defendant”). The matter was set for trial on February 23, 2021. Following Plaintiff's failure to appear, the Court dismissed the action without prejudice. (Minute Order, 02/23/21.) On June 10, 2021, the Court granted Plaintiff's motion to vacate the dismissal and set an order to show cause regarding failure to file proof ...

Excerpt: ... The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the aw...

Excerpt: ...ITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Christian Warren (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Benjamin Chavez (“Respondent”), on February 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 sha...

Excerpt: ...t Debtors Mohammad Bhola and Jane Doe Bhola, whose true name is Malika Bhola (“Judgment Debtors”) on January 17, 2019. The Court entered judgment in the total amount of $5,996.18 the same day. On March 4, 2020, the Court granted Judgment Creditor's motion to amend the judgment to reflect the correct amount of attorney's fees and costs awarded in the Sister State judgment. The amended judgment was signed on September 24, 2020. Judgment Credito...

Excerpt: ...tion against Defendant Ashley Nasha Young (“Defendant”) on November 22, 2021. Defendant filed an answer on January 25, 2022. On October 17, 2022, Plaintiff filed a copy of its 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 December 14, 2022. (Order for Dismissal, 12/14/22.) ...

Excerpt: ...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 Plaintiff's favor in the amount of $20,720.00 plus pre- and post- judgment interest, attorney's fe...

Excerpt: ...led 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. Cross-Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the Cross-Complaint on February 1, 20...

Excerpt: ...Plaintiff”) filed the instant action for breach of contract and common counts against Defendants ADS Monoply, LLC dba The Executive Co., The Executive Cut and Shave, LLC (collectively, “Defendant ADS”) and John Carnevali (“Defendant Carnevali”) on February 2, 2021. Plaintiff filed the First Amended Complaint on February 11, 2021. Defendant Carnevali filed an Answer on April 20, 2021. On June 23, 2021, the Court sustained Plaintiff's dem...

Excerpt: ...ant 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 case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on Oct...

Excerpt: ... TO APPEAR FOR DEPOSITION AND PRODUCE DOCUMENTS WITHIN 20 DAYS' NOTICE OF THIS ORDER, AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL. PLAINTIFF ELVIS ULLOA AND COUNSEL OF RECORD ARE FURTHER ORDERED TO PAY SANCTIONS OF $2,340.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' NOTICE OF THIS ORDER. ANALYSIS: On December 7, 2021, Plaintiff Elvis Ulloa Vasquesz (“Plaintiff”) filed this action for motor vehicle negligence against Defendants Dominic Reginald ...

Excerpt: ...CEDURE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Minjing Wang (“Petitioner”) filed the 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 it was continued to allow Petitioner to file proof of service of the Petition and notice of hearing in accor...

Excerpt: ... to Fidelity Creditor Service, Inc. (“Fidelity Creditor”), then renewed again on December 21, 2012, and most recently on November 17, 2022. Also on November 17, 2022, the judgment was assigned to Fidelity Capital Holdings, Inc. dba Fidelity Creditor Service, Inc. (“Fidelity Capital”). Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on January 5, 2023. Fidelity Capital filed an opposition on February 15, 2023 and Jud...

Excerpt: ...GMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On February 14, 2023, Petitioners Stephen Bernard and Bernard and Bernard, a law corporation (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondent Richard Rosen (“Respondent”). Respondent filed an opposition and Petition to Confirm Arbitration Award on May 12, 2023. On June 16, 2023, Petitioners filed their exhibit list. Discussion This Petition relates to a...

Excerpt: ...lls”), 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 case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on October 2...

Excerpt: ...��) filed the instant action for common counts against Defendant Connie Nadler (“Defendant”) on January 17, 2021. Following the lack of any responsive pleading to the complaint, the Court entered Defendant's default on January 6, 2023 and default judgment on February 8, 2023. Defendant filed the instant motion to vacate default and default judgment on April 17, 2023. Plaintiff had previously filed an opposition on April 11, 2023 and supplemen...

Excerpt: ... responsive pleading, default judgment was entered on January 23, 2003. The judgment was renewed on January 2, 2013 and November 22, 2022. Notice of the latest renewal of judgment was served on Judgment Debtor on December 1, 2022. (Proof of Service for Notice of Renewal of Judgment, 12/01/22.) Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on January 5, 2023. Judgment Creditor filed an opposition on February 1, 2023. The M...

Excerpt: ...f”) filed this action for breach of lease agreement against Defendant Heather Naylor (“Defendant”). The case was originally assigned to an unlimited jurisdiction courtroom. Plaintiff filed a proof of substitute service of the Summons and Complaint on April 18, 2022. Defendant's first motion to quash service of the Summons and Complaint (“the First Motion to Quash”) was granted by the unlimited jurisdiction court on July 7, 2022. (Minute...

Excerpt: ...ndant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted De...

Excerpt: ...man (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). Respondents filed an opposition on June 1, 2022, then filed an Amended Petition to Confirm Arbitration Award and Opposition to Vacate the Award on August 15, 2022. On February 9, 2023, the Court entered judgment in favor of Respondents confirming the arbitration award. (Judgment, 02/09/23.) The judgment provided that costs are to be awarded per memorandum of costs and a...

Excerpt: ...Law Group, APLC (“the prevailing Defendants”). The case went to trial on November 29, 2022 and on December 1, 2022, the Court ruled in favor of Plaintiff against Defendant Moreno and in favor of prevailing Defendants against Plaintiff. (Minute Order, 12/01/22.) Pursuant to that order, judgment was entered in the prevailing Defendants' favor on December 1, 2022 and notice of entry of judgment was served on the parties the same day by the Court...

Excerpt: ...ert') and Diane Van der Linde (“Plaintiff Diane”) filed the instant action for breach of contract and negligence against Defendant AG Heating & Air Conditioning (“Defendant”) on June 10, 2021. Following unsuccessful attempts to take Defendant's default, it appeared in Court on April 6, 2023. (Minute Order, 04/06/23.) Defendant was ordered to file its responsive pleading by May 2, 2023. (Ibid.) Defendant filed the instant Demurrer to the C...

Excerpt: ...10, ET SEQ. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED. ANALYSIS: Petitioner Melissa Michaelson (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Sergio Duarte (“Respondent”), on March 9, 2023. The Court initially set the hearing on the Petition for July 13, 2023, then advanced the date at Petitioner's request to June 6, 2023. (Notice of Hearing, 03/09/23.) Petitioner filed t...

Excerpt: ...es liability, intentional tort, and premises liability against Defendant Cantwell Anderson, Inc. (“Defendant Cantwell”) and Frank Welch, Jr. (“Defendant Welch”) on August 17, 2020. Defendant Cantwell filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 4, 2023. No opposition has been filed to date. Discussion Allegations in the Complaint The Complaint alleges that Defendant Cantwell owns and leases the pro...

Excerpt: ...OTICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio (“Plaintiff Aparicio”) and Martha Prado filed the instant action for motor vehicle negligence against Defendant Liam Hambel (“Defendant”) on May 23, 2022. Defendant filed an answer on October 7, 2022. On May 4, 2023, Plaintiff filed the instant Motion to Compel Further Responses to Request for Production of Documents. No opposition has been filed to date. Discussion Procedural Requi...

Excerpt: ... automobile subrogation against Defendant Oluwajuwon Ajayi ("Defendant') on October 20, 2021. Defendant filed an Answer on June 17, 2022. Plamtiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.) Plamtiff filed the instant Motion for J...

Excerpt: ...xcusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may include: ...

Excerpt: ...747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face ...

Excerpt: ...ff filed the instant Motion to Seal Court Records on April 5, 2023. To date, no opposition has been filed. Discussion Plamtiffbrings the instant Motion to Seal Records pursuant to Cal. Rules of Court, rule 2.550 and 2.551. These rules, however, specifically pertains to the procedures for filing records under seal. (Cal Rule of Court, rules 2.550(d) and 2.551 (b) (emphasis added).) There is nothing in these rules that supports an order to retroact...

Excerpt: ..., 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 case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on October 22, 2019. Defendant WIR ...

Excerpt: ... action for automobile subrogation against Defendant Juan Corajoria ("Defendant') on September 6, 2018. On October 22, 2021, Plaintiff filed a copy of its 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 Dismissal, 10/22/21.) Plamtiff filed the instant mo...

Excerpt: ... against Defendant Jonathan McDaniel ("Defendant") on January 30, 2020. Defendant filed an answer on March 17, 2022. On June 14, 2022, Plaintiff filed a copy of its 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 Dismissal, 06/14/22.) Plamtiff filed the ...

Excerpt: ...TOR MAY FILE AN OPPOSITION BY JULY 12, 2023. ANALYSIS: On July 13, 2006, Plaintiff Unifund CCR Partners ("Plaintiff') filed this action against Defendant Fariborz Khorrami ("Judgment Debton. Plaintiff filed a proof of substitute service of the Summons and Complaint on July 28, 2006. Following no response to the Complaint default judgment was entered agamst Judgment Debtor on October 24, 2006. The judgment was renewed on November 17, 2014 and Dece...

Excerpt: ... Legal Remedies Act, Unfair Business Act, and Vehicle Code Section 11711 agamst 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"), and Hudson Insurance Company ("Cross-Defendant...

Excerpt: ...lthcare") on May 18, 2022. Plaintiff filed the first amended complaint on July 7, 2022, alleging the same causes of action against the same defendant Defendant Cigna Healthcare filed an answer on July 19, 2022. On February 14, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint Plamtifflater filed a doe amendment on March 22, 2023, adding Cigna Health and Life Insurance Company ("Defendant Cigna Health") as a def...

Excerpt: ...section 798.88 against Belen Mora ("Respondent') on May 19, 2022. Proof of personal service of the Petition was filed on July 27, 2022. The Petition initially came for hearing on September 22, 2022 at which time the matter was continued to November 17, 2022 to allow Petitioner to demonstrate proper notice. (Minute Order, 09/22/22.) Petitioner filed a Notice of Continuance on September 22, 2022 and proof of service of the same on September 30, 202...

Excerpt: ...August 23, 2013. On August 12, 2014, default judgment was entered in favor Judgment Creditor and agamst Judgment Debtor. Judgment Creditor filed the instant Motion For Order to Garnish the Judgment Debtors Spouse's Wages on November 9, 2022. The Motion came for hearing on February 21, 2023 and was continued to allow Plaintiff to file supplemental evidence. Plaintiff filed a supplemental declaration on April 27, 2023. To date, no opposition has be...

Excerpt: ...ht this action for motor vehilce neglience against Defendants Edward Joseph Rachel ("Defendant Rachal"), Jose Gonzalez ("Defendant Gonzalez"), and Manheim Investments, Inc. dba Manheim California ("Defendant Manheim") on June 7, 2021. Defendant Manheim filed an Answer on November 9, 2021. Defendant Manheim filed the instant Motion for Summary Judgment or in the alternative, Summary Adjudication on March 3, 2023. Plaintiffs filed an opposition on ...

Excerpt: ...lthcare") on May 18, 2022. The action is brought with respect to Defendants failure to pay following Plaintiffs provision of medical services. Plaintiff filed the first amended complaint on July 7, 2022, alleging the same causes of action agamst the same defendant. Defendant Cigna Healthcare filed an answer on July 19, 2022. On February 14, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint Plamtifflater filed a...

Excerpt: ...mber 02C00227 and Defendant filed an Answer on February 1, 2002. Following a motion for summary judgment, judgment was entered in Plaintiffs favor on March 7, 2002. The judgment was renewed on September 14, 2011, at which time the case number was changed to DOWI IC03590. The case number changed to LAMIICD3590 on March 15, 2013 and the judgment was renewed agam on May 17, 2021. An order for Appearance and Examination was scheduled for August 1, 20...

Excerpt: ...nt was entered agamst Judgment Debtor on June 22, 2022. On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. No opposition has been filed to date. Discussion Judgment Debtor moves pursuant to Code of Civil Procedure section 582.5, which states in relevant part: In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defen...

Excerpt: ...ant action for breach of retainer agreement against Defendant Abdelnour Mikhael ("Cross-Complainant') on October 20, 2022. Cross- Complainant filed an Answer and Cross-Complaint agamst on Cross-Defendants Gomez Law and James Hornbuckle ("Cross-Defendant Hornbuckle") January 23, 2023. The Cross-Complaint alleges causes of action for (1) fraud; (2) constructive fraud; (3) breach of fiduciary duV; (4) professional negligence; and (5) unjust enrichme...

Excerpt: ...ded complaint on February 14, 2023, adding six more causes of action and Defendant Anthem Blue Cross Life and Health Insurance Company ("Defendant Anthem"). On April 19, 2023, Defendant Blue Cross filed the instant demurrer to the first amended complaint. Plamtiff filed an opposition on April 24, 2023 and Defendant Blue Cross replied on May 15, 2023. Discussion The first amended complaint alleges causes of action for (1) quantum meruit, (2) breac...

Excerpt: ...ed complaint on February 14, 2023, adding six more causes of action and Defendant Anthem Blue Cross Life and Health Insurance Company ("Defendant Anthem'). On April 19, 2023, Defendant Blue Cross filed the instant demurrer to the first amended complaint. Plamtiff filed an opposition on April 24, 2023 and Defendant Blue Cross replied on May 15, 2023. Discussion The first amended complaint alleges causes of action for (1) quantum meruit, (2) breach...

Excerpt: ... this action against Defendant ADP TotalSource, Inc. ("Defendant"). The First Amended Complaint was filed on July 22, 2022 and added "Pegasus Asset Management Inc." ("Plaintiff Pegasus Asset') as a plaintiff. Defendant filed an answer to the First Amended Complaint on August 22, 2022. On September 26, 2022, Defendant filed fivo statutory offers to compromise pursuant to Code of Civil Procedure section 998. The statutory offers were subsequently r...

Excerpt: ...peakes, Jr. on December 15, 2022. Defendant filed an Answer on March 17, 2023. On March 28, 2023, Plaintiff filed the instant Demurrer to the Answer. Defendant filed an opposition to the Demurrer on April 12, 2023 and Plaintiff replied on May 10, 2023. Discussion The Demurrer is supported by a meet and confer declaration showing email commumcations bet'.veen the parties' attorneys. (Demurrer, Cohen Decl„ Exhs. 1-4.) This satisfies the meet and ...