Excerpt: ...vember 15, 2021, Defendant filed a noticed Motion for Non-suit, which was set to be heard on February 28, 2022. When Plaintiff failed to appear at trial on January 25, 2022, the Court dismissed the Complaint without prejudice and the hearing on the Motion for Non-suit was vacated. (Minute Order, 01/25/22.) On March 16, 2022, the Court granted Plaintiff's Motion to Vacate Dismissal, re-set Defendant's Motion for Non-suit to July 13, 2022, and set ...

Excerpt: ... Jerry Hilarie (“Defendant”) on December 9, 2021. Defendant filed an Answer on January 10, 2022 and an Amended Answer on February 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant on April 13, 2022. On June 6, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 06/06/22.) Plaintiff filed the i...

Excerpt: ...(“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 came for hearing on Jul...

Excerpt: ...g was filed on July 27, 2022. The Petition initially came for hearing on September 19, 2022 and was continued to allow Petitioner to correct certain defects. (Minute Order, 09/19/22.) Petitioner filed a Supplemental Petition and Proof of Service on October 6, 2022. No opposition 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 ...

Excerpt: ...Defendants Daisy Perez and Jorge Perez (“Defendants”). Plaintiffs filed proofs of substitute service of the Summons and Complaint on April 17, 2019. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on May 12, 2020 and default judgment on July 8, 2021. On November 1, 2022, Defendants filed the instant Motion to Vacate Default and Default Judgment, and Motion to Quash Service. No opposition has been filed t...

Excerpt: ...quest for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeiture against Defendant Google, LLC (“Defendant”). Defen...

Excerpt: ...el Mena Juarez (“Defendant”) and Pedro Mena Hernandez on January 29, 2021. On March 8, 2022, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order for Settlement and Dismissal, filed 03/08/22.) Plaintiff filed the instant Motion t...

Excerpt: ...led a First Amended Complaint against Defendants SES Builders, Inc. (“Defendant SES”), Eliram Eliran Susan (“Defendant Susan”), Nik F. Nikoukar (“Defendant Nikoukar”), and Sarvenaz Angha (“Defendant Angha”). On July 14, 2022, the Court sustained Defendants SES, Nioukar, and Angha's Demurrers to the First Amended Complaint with 20 days leave to amend. (Minute Order, 07/14/22.) Plaintiff filed a Second Amended Complaint solely again...

Excerpt: ...1 AND ENTERS DEFENDANTS' DEFAULT. PLAINTIFF IS TO FILE A REQUEST FOR DEFAULT JUDGMENT WITHIN 20 DAYS OF THIS ORDER. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Westlake Service, LLC dba Westlake Financial Services (“Plaintiff”) filed the instant action against Defendants Momentum Auto Group, LLC dba Momentum Auto Group and Damon Young aka Damon Ronald Young (“Defendants”) on August 25, 2021. Defendants filed an Answe...

Excerpt: ...do's default was entered on December 8, 2021. Defendant Ovando, in properia persona, filed the instant Motion to Vacate Default and Default Judgment on February 23, 2022. An opposition was filed on May 31, 2022, which the Court did not have an opportunity to review before the hearing on June 2, 2022. At the hearing, the Court continued the matter to December 2, 2022, finding that the Motion was not accompanied by a proof of service. (Minute Order...

Excerpt: ...��Defendant”) on April 4, 2022. Defendant filed an Answer in properia persona on May 12, 2022. On September 12, 2022, 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 that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100221035, is...

Excerpt: ...te. Discussion The Complaint asserts causes of action for (1) breach of contract; (2) unfair business practices; and (3) defamation. Defendant demurs to each cause of action in the Complaint for failure to allege sufficient facts to state a cause of action and as barred by the statute of limitations. (Code Civ. Proc., § 430.10, subd. (e).) The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section...

Excerpt: ...t, the Court entered their default on December 18, 2019 and default judgment on July 2, 2021. On August 30, 2022, the Court granted Defendant Bademyan's Motion to Vacate Default and Default Judgment. (Minute Order, 08/30/22.) Upon order of the court, Defendant Bademyan's proposed Answer to the Complaint was filed on the same date. (Ibid.) Defendant Bademyan then filed the instant Demurrer to the Complaint on September 1, 2022. The Court ordered t...

Excerpt: ...ada (“Defendant”). Defendant filed the instant Demurrer to the Complaint and Motion to Strike Complaint on October 25, 2022. Plaintiff filed oppositions on November 8, 2022 and Defendant replied on November 9, 2022. Discussion Initially, the Court notes that the Demurrer to the Complaint and Motion to Strike Complaint are brought on the same grounds: failure to allege sufficient facts to support the request for punitive damages. (Demurrer, pp...

Excerpt: ..., 2022. ANALYSIS: 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 (“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 Septembe...

Excerpt: ...ndominium Association (“Plaintiff”) and against Defendants William J. Miscione and Diane T. Miscione (“Defendants”). Pursuant to Plaintiff's Application for Entry of Sister State Judgment, on November 21, 2016, this court entered judgment against Defendants in the amount of $9,816.90. On February 1, 2018, Plaintiff filed a Motion for Award of Attorney's Fees and Costs, which the Court granted on March 5, 2018 in the amount of $4,354.50. (...

Excerpt: ...APC's Motion for Order Compelling Further Responses to Request for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeitu...

Excerpt: ... DO SO MAY RESULT IN THE PETITION BEING DISMISSED. 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 t...

Excerpt: ...Defendant filed the instant Motion to Strike Portions of Complaint on August 29, 2022. Plaintiff filed an untimely opposition on November 16, 2022 and Defendant replied on November 21, 2022. To the extent Defendant was able to file a substantive reply to the opposition, the Court finds no prejudice from it being untimely. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Pr...

Excerpt: ... California Department of Public Health. (“Defendant CDPH”) and others on August 17, 2021. Defendant CDPH filed an Answer on September 16, 2021. On October 10, 2022, Defendant CDPH filed a Notice of Related Case with respect to Lakeview Terrace Skilled Nursing Facility, LLC dba Lakeview Terrace v. California Department of Public Health of the State of California, et.al., LASC Case No. 21STLC07031. Defendant CDPH filed the instant Motion to Co...

Excerpt: ...n 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 October 20, 2022, Defendants filed the instant Demurrers to the Complaint. Plaintiff filed oppositions on October 25, 2022 and Defendants replied on November 7, 2022. Discussion The Complaint alleges the follow...

Excerpt: ...(erroneously sued as Diaz Bros Trucking) (“Defendant”) on June 30, 2021. Defendant filed an Answer on August 18, 2021. Plaintiff's request for entry of default, filed on August 24, 2021, was rejected due to the filing of the Answer. On September 9, 2022, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges causes of action for breach of express contract and breach of i...

Excerpt: ...NG DISMISSED. ANALYSIS: Petitioner Forward Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Chloe's Outlet Corporation dba Chloe's Discount Outlet (“Respondent Chloe's Outlet”) and Evelin Andino (“Respondent Andino”) on July 18, 2022. No opposition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to conf...

Excerpt: ...ENT PER ANNUM FROM THE 30TH DAY AFTER SERVICE OF THE AWARD. RESPONDENTS TO FILE PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On April 26, 2022, Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondents Erina Gilerman (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). No proof of service of the Petition or Not...

Excerpt: ... Shertell aka Norm Shertell (“Defendant”) on April 2, 2019. Defendant filed an Answer to the Complaint on September 24, 2019. On December 1, 2021, the Court denied Defendant's Motion to Reclassify this action to a court of limited jurisdiction. (Minute Order, 12/01/21.) Upon reconsideration, however, the Motion to Reclassify was granted on February 14, 2022. (Minute Order, 02/14/22.) Plaintiff filed the instant Motion for Judgment on the Plea...

Excerpt: ...OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. RELIEF REQUESTED: Grant Non-suit in Defendant's favor because the Complaint was indisputably filed after expiration of the statute of limitations. OPPOSITION: The Complaint was timely e-filed but rejected without explanation. Plaintiff re-filed as soon as possible after the rejection but after the st...

Excerpt: ...C 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 breach of contract. RELIEF REQUESTED: Vacate the renewal of judgment as improperly entered. The record shows that the earlier applications to renew the judgment were rejected because the time to renew had expired. Plaintiff also failed to served Defendants with the notice of renewal, as required and repeatedly has f...

Excerpt: ... 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 BACKGROUND: Action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition. Cross-action for promissory fraud and quantum meruit. REQUEST FOR RELIEF: Continue hearing on motion to reclassify in order to allow Plaintiff to complete discovery and properly oppose Defendants' claim for damages....

Excerpt: ...ESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS (CCP § 2033.280) SERVICE OF MOTION: [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 breach of contract. RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Charles San Nicholas on May 12, 2022, admitted. Award Plaintiff Garcia sanctions of $260.00. ...

Excerpt: ...SERVICE: [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 October 28, 2022. REPLY: None filed as of October 28, 2022. TENTATIVE RULIN...

Excerpt: ...QUEST FOR PRODUCTION AND REQUEST FOR SANCTIONS (CCP §§ 2031.310, 2023.010) SERVICE: [X] Proof of Service 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 COMPLAINT: Action for motor vehicle negligence. REQUEST FOR RELIEF: Compel Defendant to produce the statement given to the insurance claims adjuster after the accident. By informing Plaintiff's c...

Excerpt: ...ed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for Retaliation in Violation of the California Fair Employment and Housing Act; and Retaliation in Violation of California Labor Code section 1102.5. REQUEST FOR RELIEF: Grant summary judgment, or adjudication, in Defendant's favor. Plaintiff's alleged oral complaints and emails were not protected activities, nor ...

Excerpt: ...TION NOTICE, REQUEST NOS. 4-9. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. ANALYSIS: 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 (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) an...

Excerpt: ...Defendant”) on April 8, 2020. On September 22, 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 date. (Order Re Settlement, 09/22/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on Se...

Excerpt: ...�Defendant”) on January 5, 2021. Defendant filed an Answer on March 2, 2021. On June 13, 2022, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendants. (Minute Order, 06/13/22.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on June 29, 2022. Defendant filed an opposition on July 11, 2022. Legal Standard The standard for ruling on a motion for judgment on the pleadings ...

Excerpt: ...ON'S PETITION TO VACATE ARBITRATION AWARD IS DENIED. THE ARBITRATION AWARD IS CONFIRMED IN FAVOR OF VALENSI ROSE, PLC IN THE AMOUNT OF $ $18,204.38. ACCORDINGLY, VALENSI ROSE, PLC'S PETITION TO CONFIRM ARBITRATION AWARD IS GRANTED. VALENSI ROSE, PLC IS TO FILE A PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On May 4, 2022, Laura Iris Olson (“Olson”) filed the instant Petition to Vacate Arbitration Award against Valensi Rose, PLC ...

Excerpt: ...ion Pursuant to Civil Code section 798.88 against Alejandra Sierra Salazar (“Respondent”) on July 1, 2022. No response has been filed to date. Discussion Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's Mobile Home Park, ABC Wishing Well (“the Park”), located at 20315 Denker Avenue, Torrance, California. These violations pertain to Space 7 of t...

Excerpt: ...r vehicle negligence against Defendants Roboam Arquella (erroneously sued as Roboan Arqueta) and Jose Luiz Lopez (“Defendants”) on February 5, 2021. Defendants filed an Answer on March 9, 2021. On June 30, 2022 the Court deemed this action related to Alliance United Insurance v. Roboam Osorino Arguello, et al., Los Angeles Superior Court Case No.: 22STLC01889 (“LASC Case No. 22STLC01889”). Both cases are assigned to Department 26 in the S...

Excerpt: ...endant”) on March 17, 2020. On May 28, 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 date. (Order Re Settlement, 05/28/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on September ...

Excerpt: ...rd Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. No opposition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitrat...

Excerpt: ...l Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code C...

Excerpt: ...t”) on October 15, 2019. On October 25, 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 date. (Order for Settlement and Dismissal, filed 10/25/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter ...

Excerpt: ...��Plaintiff”) in the action entitled Desert Passage Community Association v. Gabriel Serrato and Monica Serrato in Case No. CV2017-0049. The default judgment was entered in the principal sum of $2,145.21, plus interest and reasonable attorney's fees and costs against Defendants Gabriel Serrato and Monica Serrato (collectively, “Defendants”). On December 2, 2020, this Court entered judgment based on the sister-state judgment in Case No. CV20...

Excerpt: ...nd as a result, violated the Unruh Civil Rights Act (“the UCRA”), set forth at Cal. Civil Code section 51, subdivision (f). (Compl., ¶¶15-25.) Plaintiff alleged that he initially filed this case in federal court, which reached no determination on the UCRA claim and dismissed it without prejudice. (Id. at ¶14.) The Complaint seeks an award of statutory damages and attorney's fees and costs pursuant to Civil Code section 52, subdivision (a) ...

Excerpt: ...OK SUMMARY OF COMPLAINT: Action for wrongful use of civil proceedings. REQUEST FOR RELIEF: Quash service of Summons and Complaint on the grounds that Defendant Irene Zendano was not properly served. Service was twice previously quashed by the Court and continues to be inadequate. Plaintiff's response to the OSC includes an email from the process service company closing the case after learning that the address where it made four attempts to serve ...

Excerpt: ...ability. REQUEST FOR RELIEF: Quash the writ of execution and vacate the levy of Judgment Debtor's property. Since the death of Judgment Creditor, no personal representative has been named. Nor is Judgment Creditor's attorney entitled to the award of attorney's fees without a proper assignment. OPPOSITION: Respondent has not overcome the presumption of proper service. REPLY: None filed as of October 4, 2022. ANALYSIS: On December 1, 2011, the Cour...

Excerpt: ...Plaintiff's motion to compel Defendant Sabet's deposition. The parties are not able to see the online docket in this action and, as a result, do not know which judge is hearing their motions. The order compelling Defendant Sabet's deposition should be reconsidered and denied because there is no active Complaint in this action, as evidenced by the Court's own orders regarding reclassification. Defense counsel was not able to bring these facts to t...

Excerpt: ... automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against D...

Excerpt: ...ence. REQUEST FOR RELIEF: Grant Defendant leave to file a cross-complaint against Plaintiff April Johnson for indemnification, apportionment of fault, and declaratory relief. New information came to light after Plaintiffs' discovery responses were served in April and May 2022. OPPOSITION: None filed as of September 29, 2022. REPLY: None filed as of September 29, 2022. ANALYSIS: On August 19, 2021, Plaintiffs Toyer McBride and April Johnson (“Pl...

Excerpt: ...MMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 27, 2022. REPLY: None filed as of September 27, 2022. ANALYSIS: On September 10, 2021, an Arbitration Award was issued in favor of Carla Mazzetti (“Petitioner”) and against Adam Khoda (“Respondent”). Petitioner filed the instant Petition to C...

Excerpt: ...300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. MOTION: Plaintiff failed to file the Civil Case Cover Sheet concurrently with the Complaint, resulting in the action being filed in the limited jurisdiction court. Plaintiff's medial specials currently amount to $27,189.24 and the Complaint alleges that the damages are in excess of the unlimited ...

Excerpt: ...se, common counts and breach of guaranty of lease. Cross-Complaint for breach of contract and declaratory relief. MOTION: Cross-Complainants renew their motion to set aside the ruling sustaining the Demurrer to the First Amended Cross-Complaint. New evidence is now available regarding the ruling in the Unlawful Detainer Action, which shows that the issue of overpayment of rent was not litigated at that time and was properly alleged in the First A...

Excerpt: ...aintiff's failure to appear at trial. OPPOSITION: Plaintiffs have not demonstrated that their failure to appear for trial was due to mistake, inadvertence, surprise or excusable neglect. Plaintiffs' failure to appear was inexcusable. Nor have Plaintiffs shown that they brought the Motion within a reasonable amount of time following the dismissal. If the dismissal is granted, Defendants should be awarded fees of $1,000.00. REPLY: Plaintiffs gave t...

Excerpt: ...y Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK [X] Manner of Service (CCP 1290.4) NO SUMMARY OF PROCEEDINGS: Petition to confirm arbitration award. RELIEF REQUESTED: Enter judgment pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) fil...

Excerpt: ...or automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order vacating the dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 16, 2022. REPLY: None filed as of September 16, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against ...

Excerpt: ...DEFENDANTS ARE TO FILE A PROPOSED ORDER WITHIN 10 DAYS OF THIS ORDER. THE RESERVATIONS FOR THE MOTION TO TRANSFER ACTION ON SEPTEMBER 21, 2022 ARE ADVANCED TO THIS DATE AND VACATED. SERVICE: [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 breach of contract, fraud, and related claims. RELIEF REQUESTED: Defendants move to trans...

Excerpt: ... Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK [X] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration award. RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award. OPPOSITION: None filed as of September 15, 2022. REPLY: None filed as of September 15, 2022. ANALYSIS: Petitioner O...

Excerpt: ...DAYS OF THIS ORDER. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. SERVICE: [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 breach of residential lease agreement. MOTION: A protective order is necessary to protect Defendants from unnecessary deposition. The full- day depositions sought by Plaintiff constitute undue burden and...

Excerpt: ... for discrimination on the basis of disability. REQUEST FOR RELIEF: Vacate default because Defendants did not receive notice of this action and service was effectuated at the wrong zip code. OPPOSITION: None filed as of September 12, 2022. REPLY: None filed as of September 12, 2022. ANALYSIS: Plaintiff Richard Dahl (“Plaintiff”) filed the instant action against Defendants Wish Automotive II, Inc. (“Defendant Wish II”) and Barry Wishengrad...

Excerpt: ...SSIONS CODE, TORT LAW, AND THE FUNDAMENTAL PUBLIC POLICIES OF THE STATE OF CALIFORNIA” AT ¶51; AND 3. “ATTORNEYS' FEES” AT PP. 10-11, PRAYER FOR RELIEF, ¶5. THE SECOND AMENDED COMPLAINT FILED ON APRIL 5, 2022 IS STRUCK ON THE COURT'S OWN MOTION. SERVICE: [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 breach of contrac...

Excerpt: ...AYS OF THIS ORDER. SERVICE: [X] Proof of Service 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: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: O...

Excerpt: ...tion. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendants pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of September 9, 2022. REPLY: None filed as of September 9, 2022. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Leonardo Gomez and Gerardo Carranco (“Defendants”...

Excerpt: ...overy of unclaimed property from Plaintiffs' father's estate, which is now in Defendant's control. MOTION: Defendant asks that the court issue an order that it deposit with the clerk the disputed funds in the amount of $8,952.77. Upon deposit, Defendant should be discharged from liability with respect to the disputed funds and dismissed from this action. In Defendant's place, the Court should substitute the FDIC. OPPOSITION: Defendant's offer to ...

Excerpt: ...lied covenant of good faith and fair dealing, violation of Vehicle Code section 11713.13(d), and relief pursuant to Vehicle Code section 11726. BASIS OF MOTION: As the prevailing party, award Plaintiff $63,861.50 in attorney's fees and costs. OPPOSITION: Plaintiff is not entitled to attorney's fees or costs because it has not shown that Defendant acted with willfulness. Alternatively, the attorney's fees and costs should be denied as entirely unr...

Excerpt: ...[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract, negligence, and fraud with respect to a property listing agreement. BASIS OF MOTION: Defendant Xu is entitled to an award of attorney's fees as the prevailing party on appeal in the amount of $8,200.00 and costs of $652.55. OPPOSITION: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: Plaintiff Yvonne Jiang (“Pla...

Excerpt: ...Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for insurance bad faith and negligenc. REQUEST FOR RELIEF: Sustain demurrer to the First Amended Complaint for failure to allege facts sufficient to state a cause of action. The first cause of action for insurance bad faith cannot be alleged against Defendant American Family because Plaintiff was never insured by Defendant American Family, nor in privity of contract with any insured...

Excerpt: ...EMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITIONS BEING DISMISSED. SERVICE: [ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO [ ] Correct Address (CCP §§ 1013, 1013a) NO [ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO [ ] Manner of Service (CCP § 1290.4) NO SUMMARY OF PROCEEDINGS: Petitions to confirm arbitration awards. RELIEF REQUESTED: Enter judgment against Respondent pursuant to ...

Excerpt: ...0 DAYS OF THIS ORDER. SERVICE: [X] Proof of Service 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: None filed as of August 29, 2022. REPLY: None filed as of August 29, 2022. ANALYSIS: On...

Excerpt: ...st for Sanctions is GRANTED. DEFENDANT JOSEPH SABET IS TO SERVE FURTHER RESPONSES, INCLUDING A CODE-COMPLIANT PRIVILEGE LOG, TO REQUEST NOS. 1-14 WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT JOSEPH SABET AND COUNSEL OF RECORD ARE ALSO JOINTLY ORDERED TO PAY SANCTIONS OF $100.00 TO PLAINTIFF WITHIN 20 DAYS' SERVICE OF THIS ORDER. TRIAL SETTING CONFERENCE IS SET FOR NOVEMBER 2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. S...

Excerpt: ...D 5TH CAUSES OF ACTION. DEFENDANT TO FILE ITS ANSWER WITHIN 20 DAYS OF THIS ORDER. SERVICE OF MOTION: [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 breach of contract with respect to installation of security system. REQUEST FOR RELIEF: Sustain demurrer to the Complaint for failure to allege facts sufficient to state a cause ...

Excerpt: ... action to unlimited jurisdiction court based on the amount of Cross- Complainant's damages. OPPOSITION: Cross-Complainant has not shown that it incurred damages in excess of the jurisdictional limit. As stated in its ex parte application, this Motion is brought based on the costs Cross-Complainant has incurred in this litigation, which are not part of the amount in controversy. REPLY: Cross-defendant has all but admitted its committed fraud base...

Excerpt: ...E OF THIS ORDER. SERVICE: [X] Proof of Service 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 COMPLAINT: Action for discrimination on the basis of disability. REQUEST FOR RELIEF: Compel Plaintiff's further responses to post-judgment requests for production. Plaintiff's responses included meritless objections and do not identify whom Plaintiff beli...

Excerpt: ... sufficient to state a cause of action. The Complaint fails to allege the existence a written lease agreement signed by the parties and does not attach any such agreement. The lease was allegedly for a period of four years and must be in writing to satisfy the Statute of frauds. OPPOSITION: The lease agreement is in writing as required by the Statute of frauds. Applicable case law holds that the lease need not be signed by Defendant. The cases ci...

Excerpt: ...ed in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross-complaint if it is not concurrently filed with the answer or at any time before the court set...

Excerpt: ...iced in maintaining that party's action or defense on the merits.”¿ (Code Civ. Proc. § 2033.300(b).)¿ “The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional di...

Excerpt: ...� by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a)...

Excerpt: ...strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc. § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion Defendant moves to strike allegations of punitive damages against it in the FAC, arguing (1) Plaintiff fails to allege an...

Excerpt: ...good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipa...

Excerpt: ...here exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (CRC 2.550(d).) Pursuant to Rule 2.550(e), “[a]n order sealing...

Excerpt: ...rty, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”¿ “This discretion should be exercised liberally in favor of amendm...

Excerpt: ...endant MMD”), A&L Entertainment, LLC (“Defendant A&L”) and Lucy Keusseyan (“Defendant Keusseyan”) on June 10, 2021. Defendants filed an Answer on January 11, 2022. On May 10, 2022, Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication. No opposition has been filed to date. Discussion The Complaint alleges causes of action for (1) breach of contract against Defendant MMD; (2) breach of guara...

Excerpt: ...cember 20, 2004, April 10, 2012 and on March 23, 2022. Defendant filed the instant Motion to Vacate or Modify Proposed Renewal of a 27-Year Old Judgment on May 27, 2022. Plaintiff filed an opposition on June 9, 2022 and Defendant replied on July 25, 2022. Discussion Defendant moves to vacate the renewed judgment on the grounds that renewal of a judgment for more than one 10-year period is not permitted by the renewal statutes. Alternatively, Defe...

Excerpt: ...nst Evelyn Greenspon, individually and trustee of The Evelyn Greenspon Survivor's Trust As Amended Restated May 14, 2019 (“Defendant”) and Michael Greenspon (“Michael”). Following the filing of a demurrer to the Complaint, Plaintiff filed a First Amended Complaint that dropped Michael Greenspon from the action. On January 6, 2022, the case was reclassified from an unlimited jurisdiction case to this limited jurisdiction department. Defend...

Excerpt: ...laintiff”) filed the instant action for breach of contract and fraud against Defendants Martinelli Marketing, LLC dba Best Deal Forklifts (“Defendant BDF”) and Adam Martinelli (“Defendant Martinelli”) on December 13, 2020. Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment against Defendant BDF on April 19, 2022. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brought under C...

Excerpt: ...st Net Commercial (“Defendant”) on May 3, 2021. Following Defendant's failure to file a responsive pleading, Plaintiff requested entry of default on June 22, 2021. Defendant filed the first Motion to Vacate Default on July 13, 2021. On August 11, 2021, the Court granted Defendant's first Motion to Vacate Default (“the first Motion to Vacate”). (Minute Order, 08/11/21.) The Court instructed Defendant to give notice of the order and to file...

Excerpt: ...CE THAT REMAINS DUE. FAILURE TO FILE AND SERVE BOTH THE SUPPLEMENTAL DECLARATION AND ACCOUNTING, AS ORDERED, MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Marlon Gabriel Marroquin (“Defendant”) on December 8, 2020. On July 28, 2021, Plaintiff filed a copy of the settlement agreement with Defendant...

Excerpt: ...initially came for hearing on May 26, 2022, at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing and Arbitration Award in accordance with the statutory requirements. (Minute Order, 05/26/22.) The Court continued the hearing to allow for Petitioner to file the requisite proofs of service by July 1, 2022. (Id.) To date, however, no proof of service with respect to the Petition, Notice of Hearing, ...

Excerpt: ...CRAA”) against Defendant AMLI Management Company (“Defendant”). Following mutliple discovery motions, Plaintiffs filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudiation, on April 13, 2022. Defendant filed an opposition on July 6, 2022 and Plaintiffs replied on July 13, 2022. Discussion Allegations in the Complaint Plaintiffs allege that they applied to rent an apartment from Defendant on or about May 17, 20...

Excerpt: ...s Act (“the UCRA”) against Defendants Leon E. Valdry, as an individual and in his representative capacity as trustee of the Leon E. Valdry Trust (“Defendant Valdry”) and Lee's Caribbean Restaurant, Inc. (“Defendant Lee's”) on February 14, 2022. Defendant Valdry filed the instant Motion for Judgment on the Pleadings on March 22, 2022. No opposition has been filed to date. Legal Standard The standard for ruling on a motion for judgment ...

Excerpt: ...az (“Defendant Fawaz”). On October 28, 2021, the Court granted Defendant Fawaz's Motion to Quash Service. (Minute Order, 10/28/21.) On February 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 allow Defendant Fawaz to file a responsive pleading. (S...

Excerpt: ...omplaint on January 21, 2022. Plaintiff filed a meet and confer declaration on March 4, 2022 and the instant Demurrer to the Answer on March 28, 2022. Defendant filed an opposition on July 5, 2022. Discussion Defendant's opposition points out that the Demurrer to the Answer was not timely filed. A demurrer to an answer is to be filed within ten days of service of the answer. (Code Civ. Proc., § 430.40, subd. (b).) This deadline is extended by 30...

Excerpt: ... to Department A in the Norwalk Courthouse as a collections case. (Notice of Assignment, 03/10/22.) On May 5, 2022, Defendants Kroger and United Natural Foods (“Moving Defendants”) filed the instant Demurrer to the Complaint, which was set for hearing on June 2, 2022. On May 23, 2022, Moving Defendants filed a notice that no opposition had been filed. Plaintiff filed an opposition on May 31, 2022 and the Demurrer came for hearing on June 2, 2...

Excerpt: ...�Defendant”) and others on August 9, 2021. On September 13, 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 date. (Order for Settlement and Dismissal, filed 09/13/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce S...

Excerpt: ...eously sued as Roboan Arqueta) and Jose Luiz Lopez (“Defendants”) on February 5, 2021. Defendants filed an Answer on March 9, 2021. Defendants filed the instant Motion to Join Necessary Parties on April 13, 2022. At the hearing on May 26, 2022, the Court continued the matter for further briefing. (Minute Order, 05/26/22.) Defendants filed supplemental declarations on June 22, 2022. No opposition has been filed to date. Discussion The Motion i...

Excerpt: .... On February 15, 2022, Plaintiff filed a First Amended Complaint against Defendants SES Builders, Inc. (“Defendant SES”), Eliram Eliran Susan (“Defendant Susan”), Nik F. Nikoukar (“Defendant Nikoukar”), and Sarvenaz Angha (“Defendant Angha”). The First Amended Complaint alleges a single cause of action for services rendered against Defendant Susan. Defendant Susan filed the instant Demurrer and Motion to Strike with respect to th...

Excerpt: ...al on October 25, 2021, at which time Plaintiff requested a continuance. (Minute Order, 10/25/21.) The Court continued the trial date to January 25, 2022. On November 15, 2021, Defendant filed a noticed Motion for Nonsuit, which was set to be heard on February 28, 2022. When Plaintiff failed to appear at trial on January 25, 2022, the Court dismissed the Complaint without prejudice and the hearing on the Motion for Nonsuit was vacated. (Minute Or...

Excerpt: ...ne 8, 2021, an Arbitration Award was issued for a dispute between Sasan Lari (“Petitioner”) and Israel Tanenbaum (“Respondent”) and A Plus Gutter & Sheet Metal aka A Plus Gutter Systems, Inc (“A Plus Gutter”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on March 8, 2022. No opposition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may pe...

Excerpt: ... COMPLY WITH THE COURT'S ORDER MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Daniela Anaya-Torres (“Defendant”) and others on November 22, 2017. On October 19, 2020, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under C...

Excerpt: ...ements in the amount of $1,189.26. (Judgment, 07/11/18.) On January 9, 2019, the Court issued an order denying Defendant's first Motion to Vacate. (Minute Order, 01/09/19.) Defendant filed numerous other challenges to the judgment, including a motion for reconsideration of the first Motion to Vacate and appeal of the order denying the Motion to Vacate. On April 28, 2020, the Appellate Division issued a Remittitur affirming the Court's January 9, ...

Excerpt: ...n Arbitration Award was issued in favor of Carla Mazzetti (“Petitioner”) and against Adam Khoda (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on February 18, 2022. No opposition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent al...