Excerpt: ...s Association ("Plaintiff) and against Defendants Boniface C. Nwagbo and lane Doe Nwagbo ("Defendants") in Case No. CV2012-0471. The default judgment was entered in the principal sum of $2 261.10, attorneys fees in the amount of $1,100.00, and costs in the amount ofS518.49. (Motion, RIN, Exh. 2.) On April 14, 2017, this Court entered judgment based on the sister-state judgment in Case No. CV2012-0471. The Court previously granted two motions for ...

Excerpt: ...ter Defendant filed an demurrer to the complaint Plaintiff filed a first amended complaint on February 14, 2023, adding six more causes of action. On April 17, 2023, Defendant filed the instant demurrer to the first amended complaint Plaintiff filed an opposition on April 24, 2023 and Defendant replied on May 10, 2023. Discussion The first amended complaint alleges causes of action for (1) quantum meruit, (2) breach of implied contract, (3) breac...

Excerpt: ...ND PAYMENT OF THE RECLASSIFICATION FEE THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION /TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. ANALYSIS: Plamtiff TCR Services, Inc. ("Plaintiff) filed the instant action for breach of construction contract and related claims against Defendants AWI Builders, Inc. ("Defendant AWI"), Great American Insurance Company and The Hanover Ins...

Excerpt: ...endant Hermela Belachew Bekele ("Defendant') on October 6, 2017. Defendant filed an answer on December 15, 2017. On September 26, 2019, 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, 09/26/19.) Plamtiff filed the...

Excerpt: ..., 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 rejected. Plaintiff filed a Memorandum of Costs...

Excerpt: ...lleges that Plamtiff represented the Gentle defendants in a personal injuty action that ultimately settled. (Compl., "6-8.) However, an alleged dispute over the distribution of the settlement funds has arisen betw•een the Gentle Defendants and Defendant Martin that Plaintiff is unable to resolve. (ld. at "11-17.) Plaintiff brings the instant action to interplead the settlement funds and allow Defendants to resolve the dispute betw•een themsel...

Excerpt: ...ALYSIS: Plamtiff Egal Shahbaz ("Judgment Debtor") filed the instant action for discrimination on the basis of disability against Defendant SAB Investment Property, LLC ("Judgment Crediton on November 9, 2018. On February 19, 2020, the Court granted Judgment Creditor's Motions to Compel Responses to the Special Interrogatories and Requests for Production. (Minute Order, 2/19/20.) Following Judgment Debtor's failure to comply with the Courts discov...

Excerpt: ...THOUSE. ANALYSIS: On November 1 , 2022, Plaintiff Clara Vastagh ("Plaintiff) filed this action for (1) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code S 1788, et seq_; (2) violation of the Unfair Competition Law, Cal. Bus. & Prof. Code S 17200: et seq.; and (3) violation of Cal. CIV. Code 5 1747.50, etseq_ against Defendants T-Mobile, USA Inc. ("Defendant T-Mobile") and Convergent Outcomes, Inc. ("Defendant COI")_ Pl...

Excerpt: ...020, Plaintiff State Farm Mutual Automobile Insurance Company ("Plaintiff') filed this action agamst Defendant Rick Lau ("Defendant") for automobile subrogation. Defendant filed an answer on March 13, 2020. On January 3, 2023, the Court granted Plaintiffs (1) Motion to Compel Responses to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and for Monetary Sanctions. (Minute ...

Excerpt: ...bitration Award in favor of Kenneth H. South ("Petitioner") and against Citigroup Global Markets, Inc ("Citi"). The Award specifically required that Financial Indusüy Regulatoty Authority ("FINRA") be named as an additional party when judicial confirmation of the Award was sought. On December 29, 2022, Petitioner filed the instant Petition to Confirm Arbitration Award (the "Petition"). Citi and FINRA (hereinafter referred to collectively as "Res...

Excerpt: ...on Award in favor of Kenneth H. South ("Petitioner") and against Oppenheimer & Co„ Inc. ("Oppenheimen. The Award specifically required that Financial Industry Regulatory Authority ("FINRA") be named as an additional party when judicial confirmation of the Award was sought. On December 29, 2022, Petitioner filed the instant Petition to Confirm Arbitration Award (the "Petition"). Oppenheimer and FINRA (hereinafter referred to collectively as "Res...

Excerpt: ...es to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Code Civ. Proc., S 664.6...

Excerpt: ...ario Aceves, and Adnan Aceves ("Defendant') on January 18, 2018. Sergio Porras and Rosario Aceves were dismissed from this action on July 2, 2019 and August 30, 2019, respectively. On December 23, 2019, 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...

Excerpt: ...ts Homeowners Association ("Judgment Creditor") filed an application for entry of sister state judgment against Judgment 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 Creditors motion to amend the judgment to reflect the correct amount of attorneys fees and co...

Excerpt: ... 4, 2010. On September 25, 2015, assignment of judgment was filed naming Pacific Credit Exchange ("Judgment Assignee") as the judgment assignee. The judgment was renewed on July 23, 2020 and the Notice of Renewal of Judgment was sewed on Defendant on December 10, 2020. (Proof of Service, filed 01/27/21.) Defendant, in per, filed a motion to vacate default judgment on April 26, 2021. The motion was not opposed and following the hearing, the Court ...

Excerpt: ...tant action for automobile subrogation against Mehdi Ghorbani ("Defendant') and Madina Buiucli on November 13, 2018. On October 12, 2021, Plaintiff dismissed Madina Buiucli from the action. On October 29, 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 jurisdi...

Excerpt: ...e instant Motion for Summary Judgment against Defendant on March 6, 2023. Defendant filed an opposition on April 13, 2023 and Plaintiff filed documents on April 20, 2023. Discussion Plamtiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., Ill.) He further alleges that on December 29, 2020, he visited "Pizza Hut" located at 1219 N. Atlantic Blvd„ Alhambra, Califorma ("the Store"). (ld. ...

Excerpt: ...O SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Minjing Wang ("Petitioner") filed the instant Petition to Confirm Arbitration Award agamst Respondent Automation Alliance Group, LLC ("Respondent") on February 10, 2023. No proof of service of the Petition and Notice of Hearmg has been filed. Nor has any response to the Petition been filed to Legal Standard "Any party to an arbitration in which an award has been made may petiti...

Excerpt: ... Defendants Elama Destini Hernandez ("Defendant") and Tina Gonzalez on August 3, 2020. Defendant filed an Answer on October 2, 2020. On July 25, 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 July 27, 2022. (Stip and Order for Dismissal, 07/25...

Excerpt: ...dant") on April 2, 2019. Defendant filed an Answer to the Complaint on September 24, 2019. On December 1, 2021, the Court denied Defendants Motion to Reclassi$ this action to a court of limited jurisdiction. (Minute Order, 12/01/21.) Upon reconsideration, however, the Motion to Reclassi$r was granted on February 14, 2022. (Minute Order, 02/14/22.) Plamtiff filed a Motion for Judgment on the Pleadings mth respect to the Answer, which the Court gra...

Excerpt: ...n this action agamst Defendants Jimmy E's Bar & Grill, Jimmy Eleopoulos dba Jimmy E's Bar & Grill, Jimmy E's Inc. ("Defendant Jimmy E's"), and Mitchell Land & Improvement Co. ("Defendant Mitchell Land"). The Complaint alleged breach of contract common counts, and foreclosure of mechanic's lien. Defendants Jimmy E's and Mitchell Land filed an Answer and Cross-Complaint on October 30, 2020. The Cross- Complaint was brought against Plaintiff and Ame...

Excerpt: ...IED. ANALYSIS: Plamtiff State Farm Mutual Automobile Insurance Company ("Plaintiff') filed the instant action for automobile subrogation against Defendant Miraldo Noncil ("Defendant") on June 29, 2018. Defendant filed an Answer on August 21, 2018. On November 10, 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 ...

Excerpt: ... Plaintiff Allison Ayala ("Plaintiff') filed this action for motor vehicle negligence agamst Defendant Jean Nguyen ("Defendant'). Defendant filed an answer on March 3, 2022. Plamtiff filed the instant motion to reclassify the action to a court of unlimited jurisdiction on March 28, 2023. To date, no opposition has been filed to the motion. Discussion Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification ...

Excerpt: ...EIVERS DEPARTMENT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ANALYSIS: Plamtiff Thomas Tarbutton ("Plaintiff), in pro per, filed this action for negligence due to violation of the California Public Records Act ("CPRA") against Defendant The State Bar of California ("Defendant') on October 31, 2022. Defendant filed the instant Demurrer to the Complaint on February 21, 2023. The Demurrer was origmally set for hearin...

Excerpt: ...TY AND PROPERTY INSURANCE COMPANY IS TO PRODUCE CODE- COMPLIANT FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NOS. 5- 10, WITHOUT OBJECTIONS, WITHIN 20 DAYS' SERVICE OF THIS ORDER. PLAINTIFF/CROSS- DEFENDANT ESURANCE CASUALTY AND PROPERTY INSURANCE COMPANY AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $991.65 TO COUNSEL FOR DEFENDANT/CROSS-COMPLAINANT ELI'S COLLISION REPAIR OF SOUTH BAY, INC. WIT...

Excerpt: ... 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. The Court...

Excerpt: ...avor of Plaintiff The Village of Copper Basin Community Association (“Judgment Creditor”) and against Defendants Jorge A. Marciano and Jane Doe Marciano (“Judgment Debtors”) in The Village of Copper Basin Community Association v. Marciano, Case No. CC2014-4107. The default judgment was entered in the principal sum of $2,291.56, interest, attorney's fees of $962.50, and costs of $234.8. (Motion, RJN, Exh. 2.) On November 16, 2016, this Cou...

Excerpt: ...tion against Defendants Daniel Quiroz and Refugio Quiron (“Defendants”) on January 16, 2018. On September 11, 2018, Plaintiff filed a copy of its settlement agreement with Defendants 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 and Order for Dismissal, 09/11/18.) Plaintiff filed the inst...

Excerpt: ...rvice Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: Although both parties were in pro per for the entire arbitration proceeding, the arbitrator failed to serve documents by mail, as req...

Excerpt: ...ICE: [X] Proof of Service 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: Action for automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of March 30, 2023. REPLY: None filed as of March 30, 2023. TENTATIVE RULING: Plain...

Excerpt: ...] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK BACKGROUND: Action for motor vehicle negligence. REQUEST FOR RELIEF: Reclassify action to unlimited jurisdiction court based on the amount of damages (medical specials) recently discovered. OPPOSITION: None filed as of April 12, 2023. REPLY: None filed as of April 12, 2023. TENTATIVE RULING: Plaintiff Ashlie Sadrea Beacham's Motion to Reclassify Action is GRANTED...

Excerpt: ...intiffs Joel Bander and Felicia Bander RESP. PARTY: Defendants and Cross-Complainants Ronald Bills, Howard Management Group, Daniel Sloan, Gonzalo Olmedo d/b/a Olmedo's Construction, Business Alliance Insurance Company, and W.I.R. Holdings LLC MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (CCP §§ 473(a), 576; CRC Rule 3.1324) SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CC...

Excerpt: ...1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for breach of contract and breach of implied covenant of good faith and fair dealing. REQUEST FOR RELIEF: Sustain demurrer to Complaint for failure to allege sufficient facts to state a cause of action against Defendant Deluxe Corporation. OPPOSITION: None filed as of April 12, 2023. REPLY: None filed as of April 12, 2023. TENTATIVE RULING: Defendant Deluxe Corpor...

Excerpt: ... in Defendants Request for Admissions, Set One, are deemed admitted and true by Plaintiff. A court may take judicial notice of the "[r]ecords of (1) any court of this state ...." (Evid. Code, 5 452, subd. Thus, unquestionably, a "court may judicially notice its own records and proceedings in the same case. [Citations.]" (Cit•y etc. of San Francisco v. Carraro (1963) 220 CalApp.2d 509, 527.) Pursuant to Evidence Code SS 452(d) and 453, Defendant...

Excerpt: ...aint, they must be raised in the answer as 'new matter.' ... Such 'new matter is also known as •an affirmative (Department of Finance v. City of Merced (2019) 33 CalApp.5th 286, 294 [citations omitted].) Under Code of Civil procedure section 431.30, subdivision (g), every affirmative defense "shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may ...

Excerpt: ...vene in the action or prueedmg.L An intervention takes place when a third person is permitted to become a party to an action or prueeding betvveen other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or byc'demanding anything adversely to both the plaintiff and the defendant, and is made by complaint setting forth the grounds upon whi...

Excerpt: ...section 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: 1) the document is presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivol...

Excerpt: ...re such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (ld.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (ld.) In either case, the application must be made withm a reasonable time, and in ...

Excerpt: ... SERVICE FILED ON NOVEMBER 20, 2002. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: PlamtiffWestern States Capital Corporation ("Judgment Crediton filed the instant action against Defendant Santos A. Parada ("Judgment Debtor) on October 28, 2002. Following Judgment Debtor's failure to file a responsive pleading, default judgment was entered on January 23, 2003. The judgment was renewed on January 2, 2013 and November 22, 2022. ...

Excerpt: ...ntiff) filed the instant action for (1) violation of Cal. Civ. Code 51950.5-- Unlawful Retention of Security Deposit; (2) breach of lease agreement; (3) negligence; and (4) conversion against Defendant Marco Ghassemi ("Defendant') on July 13, 2022. Defendant filed an Answer on September 19, 2022. Plamtiff filed the instant Motion for Summary Judgment or in the alternative, Summary Adjudication, on January 10, 2023. Defendant filed an opposition a...

Excerpt: ...l 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 Defendants 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 breach of contract re: nonpa...

Excerpt: ...URTHOUSE. ANALYSIS: On November 1 , 2022, Plaintiff Clara Vastagh ("Plaintiff) filed this action for (1) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code S 1788, et seq_; (2) violation of the Unfair Competition Law, Cal. Bus. & Prof. Code S 17200: et seq.; and (3) violation of Cal. CIV. Code 5 1747.50, etseq_ against Defendants T-Mobile, USA Inc. ("Defendant T-Mobile") and Convergent Outcomes, Inc. ("Defendant COI")_ ...

Excerpt: ...ing, LLC, The Law Offices of Harris and Zide, LLP ("Defendant Harris and Zide") and Capital One, N.A on January 3, 2023. Defendant Harris and Zide filed its Answer on Februaty 17, 2023. On March 6, 2023, Plaintiff filed the instant Demurrer to the Answer. No opposition has been filed to Discussion First, Plaintiffs meet and confer effort is not sumcient Plaintiffs counsel sent a letter to counsel for Defendant Harris and Zide that merely reiterat...

Excerpt: .... Defendant filed a Demurrer to the Complaint and Motion to Strike Complaint on October 25, 2022. The Court overruled the Demurrer to the Complaint but granted the Motion to Strike the request for punitive damages with leave to amend. (Minute Order, 11/30/22.) Plaintiff filed the First Amended Complaint on December 1, 2022. Defendant filed the instant Motion to Strike Portions ofthe First Amended Complaint on December 13, 2022, with a supplementa...

Excerpt: ..., Trustee of The Dolores Adelman Separate Property Trust, Delores Adelman Aka Dolores Adelman, and The Estate of Delores Adelman ("Defendants"). On May 10, 2016, the Court granted Defendants' Motion to Expunge Lis Pendens. (Order Expungmg Notice of Pendency of Action, 05/10/16.) On October 18, 2016, the Court issued a ruling on Defendants' demurrer to the First Amended Complaint, which Plaintiffs appealed. (Minute Order, 10/18/16.) The appeal was...

Excerpt: ... for "wrongful use of civil proceedings" against Defendant Irene Zendano, individually and as trustee of the Irene Valerie Zendano Family Revocable Livmg Trust U.T.D. May 9, 2015 ("Defendant"). Following Defendants failure to file a responsive pleading, Plaintiff obtained entw of default on August 13, 2021. On Febraury 3, 2022, the Court granted Defendants motion to vacate the entry of default and set an Order to Show Cause Re Proof of Service of...

Excerpt: ...violations of the California Investigative Consumer Reporting Agencies Act agamst Defendant AMLI Management Company ("Defendant') on October 6, 2020. Defendant filed an Answer on November 19, 2020. On September 15, 2021, the Court granted Plaintiff Strickers motion to compel Defendants responses to request for production of documents and request for monetary sanctions. (Minute Order, 09/15/21.) The Court ordered Defendant to serve responses to th...

Excerpt: ...n, Inc., Katie Stahl and Moet Fawaz aka Mohammed Moet Fawaz ("Defendant Fawaz"). On October 28, 2021, the Court granted Defendant Fawaz's Motion to Quash Service. (Minute Order, 10/28/21.) On Februaty 1, 2022, Plaintiff filed Proof of Substituted Service and a Request for Entry of Default against Defendant Fawaz. Default was entered against Defendant Fawaz on the same date. On March 25, 2022, the parties stipulated to vacate the default and to al...

Excerpt: ...fendant Shao") and Meng'a Ren ("Defendant Ren"). The Complaint alleged causes of action for (1) fraud; (2) conspiracy to defraud; (3) breach of fiduciary duty, and (4) conversion. On December 22, 2022, the Court sustained Defendants' Demurrer to the Complaint as the first and third causes of action with leave to amend, and overruled the demurrer as to the second and fourth causes of action. (Minute Order, 12/22/22.) Plamtiffs filed the First Amen...

Excerpt: ... action for automobile subrogation against Defendants Alejandro Casillas, Jr. ("Defendant Casillas"), Janelle Zenteno ("Defendant Janelle") and Jonathan Fabian Zenteno ("Defendant Jonathan") on August 2, 2021. Defendants filed an Answer on September 20, 2021. Plamtiff filed Motions to Deem Requests for Admission Admitted and Request for Sanctions on May 18, 2022. On September 28 and 29, 2022, the Court granted the Motions to Deem Requests for Adm...

Excerpt: ...t Andrew Salas ("Defendant Salas") and Matthew Teutimez ("Defendant Teutimez") on September 30, 2021. Default was entered agamst Defendant Salas on December 20, 2021. Defendant Teutimez filed an Answer on December 27, 2021. On December 5, 2022, the Court granted Plaintiffs Motion to Deem Requests for Admission, Set One, Admitted against Defendant Teutimez. (Minute Order, 12/05/22.) Plaintiff filed the instant Motion for Summary Judgment, or in th...

Excerpt: ...na Wachel (collectively, "Plaintiffs") against defendants Ty Labbe ("Labbe") and Liza Gonzalez (collectively, "Defendants"). The operative Second Amended Complaint ("SAC") was filed on August 25, 2022, and asserts causes of action for malicious prosecution, abuse of process, negligence, intentional infliction of emotional distress, trespass to chattels, and defamation. The action arises from an incident on January 8, 2021 involving Plaintiffs' un...

Excerpt: ...ment on Sister State Judgment based on a judgment from the Western District of North Carolina. (App., filed 10/14/22, ¶3b.) The Court entered judgment the same day against Judgment Debtor Frederick Irvin (“Judgment Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on November 6, 2022. (Proof of Service, filed 11/06/22.) On December 1, 2022, Judgment Debtor filed the instant Motion to Vacate Sister State Judgm...

Excerpt: ...illiamsen (“Respondent”) on April 28, 2022. Petitioner moved pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's Mobile Home Park, Lonehill Manor (“the Park”). Respondent filed an Answer and Request for ADA Accommodation in response to the Petition. Following multiple continuances of the hearing date, the Petition was heard and granted on June 28, 2022. On October...

Excerpt: ...nstant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 against Alejandra Sierra Salazar (“Respondent”) on July 1, 2022. Petitioner moved pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's mobile home park, ABC Wishing Well (“the Park”). On October 25, 2022, the Court granted the Petition and found Petitioner was entitled to an award of att...

Excerpt: ... for (1) Breach of California Civil Code § 1950.5 (Security For Rental Agreement For Residential Property); and (2) Breach of Covenant of Quiet Enjoyment against Defendant Carla Kemp (“Defendant”) on November 17, 2022. Defendant filed the instant Demurrer to the Complaint on February 15, 2023. No opposition has been filed to date. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure s...

Excerpt: ...tiago Cruz (“Defendant”) and Raul Santiago on March 10, 2020. On May 16, 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 the same date. (Order Granting Settlement and Dismissal, 05/16/21.) Plaintiff filed the instant Motion to Vacate Dismissal...

Excerpt: ...ENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Ameritas Investment Corporation (“Respondent”) on May 17, 2022. The Petition seeks to confirm the arbitration award issued on December 15, 2021 in favor of Petitioner, requiring expungement of all references to certain customer dispute information maintained by the Financial ...

Excerpt: ... Remedies Act, Civil Code § 1750 et seq; (2) Violation of California Business and Professions Code § 17200, et seq., Unlawful Acts or Practices; (3) Violation of Civil Code §1632; (4) Claim Against Surety; and (5) Violation of Code of Civil Procedure §§1281.97 and 1281.99, against HN Elite Motors dba Luxe Motors (“Defendant Luxe Motors”) and Western Surety Company (“Defendant Western Surety”). Defendant Western Surety filed the insta...

Excerpt: ...ng unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Id., § 1030(b).) The motion must be accompanied by an affidavit stating the nature and amount of costs and attorney's fees the defendant has incurred and expects to incur. (Id.) If the motion is granted and the plaintiff fails to file the undertaking within the time allowed, the plaintiff's action or special proc...

Excerpt: ...MENT. ANALYSIS: Petitioner Writers Guild of America, West, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents Divorce Party Productions, LLC (“Respondent Divorce Party”) and Ryan Johnson (“Respondent Johnson”) (collectively, “Respondents”). This action arises out the parties' dispute over minimum and residual compensation owed to Petitioner's members with respect to releas...

Excerpt: ... against Respondents Katrin Hohanessian (“Respondent Hohanessian”), Serjik Tahmassian (“Respondent Tahmassian”), Vanik Keshishan (“Respondent Keshishan”), and Hilda Arakelian (“Respondent Arakelian”). The action was brought to open a superior court action with jurisdiction over the discovery matters in the uninsured motorist arbitration proceeding initiated by Respondents. On October 11, 2022, the Court granted Petitioner's (1) Mo...

Excerpt: ...on February 9, 2021. Defendants Paul Ling and Edythe Ling were added to the Complaint by Doe amendment on May 26, 2021. Defendants Paul Ling and Edythe Ling (“Defendants / Cross-Complainants”) filed a Cross-Complaint for indemnity, contribution, and related claims against Plaintiff and Defendant Butler on September 15, 2021. Defendants / Cross-Complainants filed the instant Motion for Determination of Good Faith Settlement on January 31, 2023...

Excerpt: ...f Thomas Beck, Esq. (“Judgment Creditor”) filed the instant action for breach of retainer agreement against Defendants Warren Summer and Karin Winkler (“Judgment Debtors”). Judgment was entered on January 8, 2003 in favor of Judgment Creditor. (Judgment Summary, 01/08/03.) Acknowledgment of Satisfaction of Judgment (Partial) was filed on January 5, 2006. Other documents, including Applications and Orders for Appearance and Examination wer...

Excerpt: ...ed 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 Order, 07/07/22.) Specifically, the court ruled that service of the Smmons and Complaint at a post office box was appropriate but that Plaintiff did no...

Excerpt: ...aint filed by Crestwood Hills Association to MARCH 21, 2023 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Plaintiff may file a supplemental opposition and Defendant may file a reply in compliance with the deadlines set forth in Code of Civil Procedure § 1005. The Court, on its own motion, CONTINUES the hearing on the Motion to Reclassify filed by Crestwood Hills Association to MARCH 21, 2023 at 10:00 A.M in Department 25 at the...

Excerpt: ...d bad faith denial of insurance claim against Defendant United Financial Casualty Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. Defendant filed the first Motion for Summary Judgment, or in the alternative, Summary Adjudication, on September 26, 2022. The Motion was refiled on October 14, 2022. Plaintiff filed an untimely opposition on January 19, 2023. The oppositi...

Excerpt: ...G PAPERS IN ACCORDANCE WITH CODE OF CIVIL PROCEDURE SECTIONS 1005 AND 1013. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: On June 11, 1998, Plaintiff American Credit Agencies, Inc. dba American Agencies of Los Angeles (“Plaintiff”) filed this action against Defendant Cathy C. Reis (“Defendant”). Following no response to the action, default judgment was entered against Defendant on August 28, 1998. The judgment was rene...

Excerpt: ...aphouse”) and Brent Scheiber (“Scheiber”) on March 12, 2021. Following Defendant LB Taphouse and Scheiber's failure to respond, the Court entered their defaults on June 15, 2021. On October 19, 2021, Plaintiff voluntarily dismissed Scheiber. Thereafter, the Court entered judgment against Defendant LB Taphouse on November 10, 2021. On March 17, 2022, the Court granted Defendant LB Taphouse's Motion to Vacate Default and Default Judgment. (Mi...

Excerpt: ...Ortega (“Defendant”) on January 5, 2021. On May 18, 2021, 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 the same day. (Stip and Order for Dismissal, 05/18/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Ju...

Excerpt: ...fault judgment on June 16, 2022. On August 31, 2022, the Court granted Defendant's Motion to Vacate Default and Default Judgment and ordered Defendant to file and serve its Answer within 20 days. (Minute Order, 08/31/22.) Defendant filed its Answer on September 8, 2022 and First Amended Answer on September 21, 2022. Plaintiff filed the first Motion for Summary Judgment on September 26, 2022, which the Court denied on October 20, 2022 for lack of ...

Excerpt: ... 2019 UNTIL THE DATE OF ENTRY OF 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 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...

Excerpt: ... Swift (“Defendant”), Leticia Dukes-Thomas and Jarman Emil Thomas on December 27, 2018. On February 9, 2022, Plaintiff filed a Notice of Settlement of Entire Action. On June 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 June 13, 2022....

Excerpt: ... bad faith denial of insurance claim against Defendant United Financial Casualty Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. Defendant filed the first Motion for Summary Judgment, or in the alternative, Summary Adjudication, on September 26, 2022. The Motion was refiled on October 14, 2022. Plaintiff filed an untimely opposition on January 19, 2023. The oppositio...

Excerpt: ...f The Dolores Adelman Separate Property Trust, Delores Adelman Aka Dolores Adelman, and The Estate of Delores Adelman (“Defendants”). On May 10, 2016, the Court granted Defendants' Motion to Expunge Lis Pendens. (Order Expunging Notice of Pendency of Action, 05/10/16.) On October 18, 2016, the Court issued a ruling on Defendants' demurrer to the First Amended Complaint, which Plaintiffs appealed. (Minute Order, 10/18/16.) The appeal was dismi...

Excerpt: ... Plaintiff Joy Hider, by and through their guardian ad litem, Marvo Hider (“minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Megan Jill Seagren (“Defendant”) on November 8, 2021. On August 1, 2022, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories and Requests for Production, and Requests for Sanctions against Plaintiff. (Minute Order, 08/01/22.) Defendan...

Excerpt: ...ch judgment was entered in Plaintiff's favor in the amount of $16,751.00 principal and $6,700.00 interest. (Minute Order, 09/27/22.) Plaintiff filed the instant Motion for Attorney's Fees on October 3, 2022. To date, no opposition has been filed. Discussion A prevailing party in entitled to recover costs, including attorneys' fees when authorized by contract. (Code Civ. Proc., § 1032, subd. (a)(4); § 1033.5, subd. (a)(10)(A).) Similarly, Code o...

Excerpt: ...IED. ANALYSIS: On August 10, 2021, Plaintiff Maria Elena Mancia (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Aida Abnoosian (“Defendant”). Defendant filed an Answer on January 18, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on September 20, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file...

Excerpt: ... against Defendants Om Foods Hollywood, Inc. (“Defendant Om Foods”) and Dipen Faldu (“Defendant Faldu”). The Complaint alleges a single cause of action for violation of section 51 of the Unruh Civil Rights Act (“the UCRA”). On November 29, 2022, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff filed a First Amended Complaint on December 1, 2022. Defendants filed Demurrer to the First Amended Co...

Excerpt: ...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, 2022. On Novem...

Excerpt: ...ed the instant action for motor vehicle negligence against Defendant Vanessa Moreno (“Defendant”). On August 22, 2022, Plaintiff filed a Notice of Related Case with respect to Moreno v. Palmer, LASC Case No. 22STSC01555 (“the Small Claims action”). The Small Claims action was filed by Defendant against Plaintiff on April 22, 2022 and assigned to Department 1A. (LASC Case No., 22STSC01555, Plaintiff's Claim, 04/22/22.) On June 21, 2022, th...

Excerpt: ...023. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Ameritas Investment Corporation (“Respondent”) on May 17, 2022. The Petition seeks to confirm the arbitration award issued on December 15, 2021 in favor of Petitioner, requiring expungement of all references to certain customer dispute informat...

Excerpt: ...e J. Andalon dba J. Andalon Trucking (“Defendant”) on April 15, 2019. On August 26, 2021, 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 day. (Order - Dismissal, 08/26/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforc...

Excerpt: ...z (“Defendant”). Defendant filed an Answer on May 5, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on December 9, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross...

Excerpt: ...ant”). On August 5, 2019, Plaintiff filed the operative Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plainti...

Excerpt: ...e 6, 2022, the Court granted Defendant's Motion for Leave to File a Cross-Complaint. (Minute Order, 06/06/22.) The Cross-Complaint, filed on July 12, 2022, alleged claims for equitable indemnification, misrepresentation and conversion against Cross-Defendant Valerie Wilburn (“Cross-Defendant”). Defendant filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on October 26, 2022. No opposition has been filed...

Excerpt: ...Office of William H. Newkirk on August 1, 2022. Defendant filed a Demurrer to the Complaint on September 26, 2022. Prior to the hearing on the first Demurrer, Plaintiff filed the First Amended Complaint on October 13, 2022. Defendant filed the instant Demurrer to the First Amended Complaint on November 14, 2022. Plaintiff filed an opposition on December 21, 2022, and Defendant replied on December 30, 2022. Discussion The Demurrer is not accompani...

Excerpt: ...issued in favor of Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) and against John Bernard and Josh Shacher (“Respondents”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on September 1, 2022. Proof of service of the Petition was filed on September 16, 2022. 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: ...mplaint on September 15, 2021, dropping Emilia M. Rodriguez from the action. On January 10, 202, Defendant filed its Answer. The parties filed a Notice of Settlement on February 8, 2022 and requested entry of judgment pursuant to Code of Civil Procedure section 998 on May 26, 2022. Judgment on was entered on May 27, 2022. Plaintiff filed the instant Motion for Attorney's Fees and Costs on July 26, 2022. Defendant filed an opposition on October 17...

Excerpt: ...dant Alexis Quezada (“Defendant”) on March 4, 2020. On August 26, 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 the next day. (Order for Settlement and Dismissal, 08/27/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Set...

Excerpt: ...AINTIFF'S COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $540.00 TO DEFENSE COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Heuston Carcamo (“Plaintiff”) filed the instant action for breach of settlement agreement against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) June 3, 2022. Defendant answered the Complaint on July 26, 2022. On December 6, 2022, Defendant filed the instant ...

Excerpt: ... Defendant Unified Life Insurance Company (“Defendant”) on April 13, 2021. Defendant filed an Answer on June 9, 2021. On October 26, 2021, the action was reassigned to the Limited Jurisdiction Court. On October 10, 2022, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on December 8, 2022. Discussion The Complaint alleges causes of action for quantum meruit and breach of implied contract based on the foll...

Excerpt: ... (“Defendants”). Defendants filed the instant Demurrer to the Complaint on October 21, 2022. Plaintiffs filed an opposition on November 3, 2022 and Defendants replied on November 8, 2022. Discussion The Complaint alleges causes of action for (1) fraud; (2) conspiracy to defraud; (3) breach of fiduciary duty; and (4) conversion. Defendants demur to the Complaint for failure to allege facts sufficient to state a cause of action. (Citing Code Ci...

Excerpt: ...gree, or provide a list of three referees from which the Court will select the referee. Hearing on Appointment of Discovery Referee is CONTINUED TO JANUARY 17, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Procedural History Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendan...

Excerpt: ...amages on August 15, 2022. No opposition has been filed to date. Discussion Defendant brings 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 confer declaration as required by Code of Civil Procedure section 435.5. (Motion, Palmer Decl., ¶¶3-4.) Defendant moves to strike the allegations and prayer for punitive damages on the grounds tha...

Excerpt: ...fendant Doris Anderson (“Defendant”). Defendant filed the instant response to the Petition, entitled “Demurrer to Plaintiff's Complaint” on June 16, 2022. However, the “Demurrer” is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court will treat the Motion as one for judgment on the pleadings. The Motion for Judgment on the Pleadings initially ...

Excerpt: ...inst Judgment Debtor Nathaniel D. Hayes (“Judgment Debtor”). The Application for Entry of Sister-State Judgment and Notice of Entry of Judgment were personally served on Judgment Debtor on August 25, 2022. (Proof of Service, filed 10/10/22.) On October 12, 2022, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. Judgment Creditor filed an opposition on October 28, 2022. The Motion was initially set for hearing on Novemb...

Excerpt: ... Enterprises, Inc. (“Plaintiff”) filed the instant action challenging a citation issued against it by the California Department of Public Health (“Defendant”) on June 22, 2020. Defendant CDPH filed an Answer on September 15, 2020. On December 3, 2021, Plaintiff filed another action against Defendant, in LASC Case No. 21STLC08555. Defendant filed the instant Motion to Consolidate the actions on November 7, 2022. Plaintiff filed an oppositi...

Excerpt: ...igue Law Group (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendant Maria A. Gonzalez, by and through her Guardian Ad Litem, Rosie Samples (“Defendant”) on December 7, 2021. Defendant answered on March 4, 2022 and filed the instant Motion for Judgment on the Pleadings on November 21, 2022. Plaintiff filed an opposition on December 8, 2022 and Defendant replied on December 12, 2022. Legal Standard The s...

Excerpt: ...st Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. The Petition initially came for hearing on October 20, 2022 and was continued to allow Petitioner to demonstrate proper service of the papers on Respondents. Petitioner filed a proof of service on the same date, then a declaration regarding service on November 10, 2022, and a Notice of Petition and proof of service on November 15, 2022. No r...