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2023.10.05 Motion for Attorney Fees 311
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...S: 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, 2022, after which the Court entered judgment in ...
2023.10.05 Demurrer 941
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...n the parties that would obligate Defendant to pay $22,401.00. OPPOSITION: The terms of the parties' contract are clearly alleged according to its legal effect, as is the manner in which Defendant breached the agreement. The Complaint also alleges that Defendant became indebted to Plaintiff on an open book account for work and services rendered. The demurrer is vague, uncertain and ambiguous. REPLY: The Complaint does not allege the material term...
2023.10.04 Motion to Vacate Dismissal and Enter Judgment 878
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...23, 2019. On February 1, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/01/21.) On the April 26, 2021 trial date, the parties appeared and represented that the action had settled. (Minute Order, 04/26/21.) On June 29, 2021, Plaintiff filed a Notice of Settlement, and the Order to Show Cause Re: Status of Settlement and Dismissal held on the same day was continued to August 10, 2021. (Minute Order, 06/29/21.)...
2023.10.04 Motion for Summary Judgment 773
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.04
Excerpt: ...an answer on December 7, 2022. On July 10, 2023, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of contract. (Compl., p. 3.) Plaintiff alleges that the parties entered into a note (“the Note”) secured by a deed of trust (“the Deed of Trust”) that required Plaintiff to pay Defendant $400,000.00 on or before January 1, 2023, ...
2023.10.02 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 119
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...CIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON FEBRUARY 2, 2022. ANALYSIS: On February 4, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant Danny Martinez aka Danny Lopez Martinez (“Defendant”). On October 25, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and rete...
2023.10.02 Motion for Reconsideration 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...n violation of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action is for...
2023.10.02 Motion for Attorney Fees 333
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.02
Excerpt: ...er, Decision, or Award of the Labor Commissioner. On January 7, 2021, Petitioner filed a Notice of Assignment of Judgment, naming Creative Recovery Concepts, Inc. (“Judgment Assignee”) as Assignee of Record. On August 5, 2021, Judgment Assignee filed an Application and Order for Appearance and Examination, which was set for hearing on February 7, 2022. On February 7, 2022, counsel for Respondent appeared and indicated that a Motion to Quash h...
2023.09.28 Motion to Vacate Dismissal and Enter Judgment 413
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...RINCIPAL PLUS 18 PERCENT INTEREST PER ANNUM STARTING ON JUNE 2, 2021. ANALYSIS: On January 14, 2021, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action for common counts against Defendant 3132 East Pico LLC aka LLC 3132 East Pico (“Defendant”). On May 5, 2021, Plaintiff filed a copy of the parties' stipulated settlement agreement. On August 9, 2023, Plaintiff ...
2023.09.28 Motion to Vacate Dismiss and Enter Judgment 426
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.28
Excerpt: ...AL PLUS SEVEN (7) PERCENT INTEREST PER ANNUM FROM SEPTEMBER 2, 2021. ANALYSIS: On August 31, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this subrogation action against Defendant Kyle Anderson (“Defendant”). On July 28, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Ci...
2023.09.27 Motion to Compel Further Responses, for Sanctions 185
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...nts, Set 2, and for Sanctions, are DENIED. ANALYSIS: On August 1, 2019, Plaintiffs Antonio Cabral and Patricia Cabral (“ Plaintiffs”) filed this action for trespass, trespass to chattles, and conversion against Defendant Carlos M. Quintana (“Defendant Quintana”). Plaintiffs filed a First Amended Complaint on March 5, 2020 adding Quint Tax Services Corporation as a defendant, and causes of action for nuisance and negligence. Defendant Quin...
2023.09.27 Motion for Relief from Admissions 584
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...1. Defendant filed an Answer on June 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions on November 3, 2022. On December 12, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 12/12/22.) On June 6, 2023, the Court granted Plaintiff's Motion for Judgment on the Pleadings, based on the admissions. (Minute Order, 06/0...
2023.09.27 Motion to Vacate Entry of Default 517
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...iolations against Defendants Bipin Gala (“Defendant Gala”) and Yvonne Magana aka Ibon Magana (“Defendant Magana”) on June 1, 2023. Defendant Magana filed an answer on August 7, 2023. Following Defendant Gala's failure to file a responsive pleading, the Court entered their default on August 11, 2023. Defendant Gala filed the instant Motion to Vacate Default on August 29, 2023. On August 31, 2023, Plaintiff filed only evidentiary objections...
2023.09.27 Petition to Release Mechanic's Lien 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.27
Excerpt: ...er Felix, LLC (“Petitioner”), filed a Petition for Release of Mechanic's Lien against Respondent Global Plumbing & Fire Supply (“Respondent”) on March 30, 2023. The Petition came for hearing on August 3, 2023, at which time the Court ordered Petitioner to file and serve an Amended Petition that included a legal description of the property that is subject to the lien. (Minute Order, 08/03/23.) Petitioner filed an Amended Petition on August...
2023.09.26 Motion to File Supplemental Cross-Complaint 458
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.26
Excerpt: ...ril 4, 2019, Cross-Complainant filed a Cross-Complaint against Cross-Defendant. The Court granted Cross-Defendant's Motion to Deem Requests for Admission Admitted Against Cross- Complainant on November 7, 2019. However, the Court denied Cross-Defendant's Motion for Terminating Sanctions on July 8, 2020. The matter came for trial on September 3, 2020 and the Court continued the trial date to July 8, 2021. Due to there being no judge available for ...
2023.09.18 Petition to Confirm Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.18
Excerpt: ... STATUTORY REQUIREMENTS. ANALYSIS: Petitioner Jerome St. Martin (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondents Cassius Marsh and Cash Cards Unlimited, Inc. (“Respondents”), on May 15, 2023. No response to the Petition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the ...
2023.09.14 Petition to Confirm Arbitration Award 369
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...OF THIS ORDER. ANALYSIS: Petitioner Stephanie Granato, Esq. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Boku International, Inc. (“Respondent”) on April 27, 2023. The Petition was initially set for hearing on August 31, 2023 but was continued prior to the hearing date to September 14, 2023. (Notice Re: Continuance of Hearing, 05/30/23.) No response to the Petition has been filed to date. Legal...
2023.09.14 Demurrer, Motion to Strike 319
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.14
Excerpt: ...ALYSIS: Plaintiff Gizella Wade (“Plaintiff”) filed the instant action for habitability violations, nuisance, negligence, and breach of contract against Defendants LA Housing Solutions, LLC, Peerless Apartments, LLC, and Marc A. Schneider (“Defendants”) on April 10, 2023. Defendants filed the instant Demurrer to, and Motion to Strike Portions of, the Complaint on May 15, 2023. Plaintiff filed oppositions on August 31, 2023 and Defendants r...
2023.09.12 Motion for Summary Judgment, Adjudication 720
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.12
Excerpt: ...ts Ammie Laverne Freeman (“Defendant Freeman”), Tamara Kirk (“Defendant Kirk”), AVIS Budget Car Rental, LLC, and AVIS Rent A Car System, LLC (“the AVIS Defendant”) on June 23, 2022. The AVIS Defendants filed an answer on September 14, 2022. Plaintiff's applications for service by publication upon Defendants Freeman and Kirk were rejected by the Court on February 1, 2023. The AVIS Defendants filed the instant Motion for Summary Judgmen...
2023.09.07 Motion to Compel Responses 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ... TO MODIFY THE FEBRUARY 28, 2023 ORDER IS DENIED. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor served a Subpoena Duces Tecum for Personal Appeara...
2023.09.07 Motion for Judgment on the Pleadings 512
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.07
Excerpt: ...rance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Maricela Avila (“Defendant”). On December 5, 2022, the Court granted Plaintiff's motion to compel responses to form interrogatories and request for monetary sanctions. (Minute Order, 12/05/22.) The Court also granted Plaintiff's motion for issue sanctions against Defendant on April 24, 2023. (Minute Order, 04/26/23.) Plaintiff filed the instant Moti...
2023.09.06 Motion to Reclassify 129
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...tion of Code of Civil Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint, filed on December 18, 2019. On January 12, 2022, the Court granted Defendant's Motion for Judgment on the Pleadings as to the first, second, third, and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action was for brea...
2023.09.06 Motion to Enter Judgment Pursuant to Stipulation 989
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.09.06
Excerpt: ...ATE DISMISSAL AND ENFORCE SETTLEMENT. ANALYSIS: Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Marine Charchyan and Avetik Charchyan (“Defendants”) on June 15, 2020. Defendants filed answers on September 28, 2021. The matter came for trial on September 19, 2022, at which time the parties represented that the case had settled. (Minute Order, 09/1...
2023.08.31 Motion to Vacate Judgment 808
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...e for trial on August 11, 2022, at which time Defendant did not appear. (Minute Order, 08/11/22.) Following Plaintiff's showing, the Court entered judgment in its favor. (Ibid.) Defendant filed the instant Motion to Vacate Judgment on March 8, 2023. Plaintiff filed an opposition on March 27, 2023. The case was then transferred to the limited jurisdiction court on May 1, 2023. (Minute Order, 05/01/23.) Discussion Defendant brings this motion pursu...
2023.08.31 Motion to Continue Trial Date 542
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.31
Excerpt: ...tion against Defendant Yulio Coleman (“Defendant”) on April 14, 2022. However, Defendant was only served with the Summons and Complaint on June 4, 2023. Defendant filed an answer on June 30, 2023 and the instant Motion to Continue Trial on July 17, 2023. Plaintiff filed an opposition on August 18, 2023. Discussion “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The Court ...
2023.08.29 Motion for Sanctions 929
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ight”). Plaintiff filed a first amended complaint on March 29, 2023, alleging a single cause of action for violation of the Unruh Civil Rights Act (“the UCRA”). Defendants filed an answer on May 25, 2023 and the instant Motion on July 14, 2023. Plaintiff filed an opposition on August 16, 2023, and Defendants replied on August 22, 2023. Evidentiary Objections Defendants' evidentiary objections to Plaintiff's declaration are overuled. Defenda...
2023.08.29 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 378
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...ompany (“Plaintiff”) filed the instant action for automobile subrogation against Rudy Santos on April 5, 2019. On July 1, 2019, Plaintiff added Defendant Santos Rudi Vaquerano (“Defendant”) and dismissed Rudy Santos on July 11, 2019. Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6 on October 1, 2020. The Court dismissed the a...
2023.08.29 Motion for Summary Judgment, Adjudication 896
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...fendant”) on June 28, 2021. Defendant filed an answer on October 28, 2021. Following Plaintiff's death, the Court granted the motion of Guerrero's successor-in-interest, Maria Del Carmen Hernandez (“Plaintiff”), to continue the action. (Minute Order, 06/29/22.) The action was reclassified from the unlimited jurisdiction court to the limited jurisdiction court on August 3, 2022. (Minute Order, 08/03/22.) On March 16, 2023, the Court granted ...
2023.08.29 Petition to Confirm Arbitration Award 767
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.29
Excerpt: ...itration Award (the “Petition”) against Respondent Sergio Duarte (“Respondent”), on March 9, 2023. The Court initially set the hearing on the Petition for July 13, 2023, then advanced the date at Petitioner's request to June 6, 2023. (Notice of Hearing, 03/09/23.) Petitioner filed two requests for entry of default that have been rejected by the clerk's office. No response to the Petition has been filed to date. Legal Standard “Any party...
2023.08.10 Petition to Vacate Arbitration Award 076
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...e Reed and the Law Offices of Lorden and Reed (“Respondents”). Proof of substitute service of the Petition and Notice of Hearing was filed with the Court on April 14, 2023. No response has been filed to date. Discussion Petitioner contends the arbitration award issued on March 13, 2023 by Keith G. Wileman (“the arbitrator”) must be vacated because (1) the award was obtained by corruption, fraud, or other unfair means; (2) the arbitrator w...
2023.08.10 Petition to Confirm Arbitration Award, to Correct Award 680
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...TS. INTEREST SOUGHT IS TO BE SET FORTH AS A CALCULATION IN THE PROPOSED JUDGMENT. PETITIONER IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On March 2, 2023, Petitioner One Ring Networks, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Paul Sagoo (“Respondent”). Respondent filed a response in the form of a Petition to Correct or Vacate Arbitration Award on April 26, 20...
2023.08.10 Motion to Vacate Renewal of Judgment 676
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...o file a responsive pleading, default judgment was entered on August 12, 2003. The judgment was renewed on July 10, 2013 and May 25, 2023. Judgment Debtor filed the instant Motion to Vacate Renewal of Judgment on July 12, 2023. Judgment Creditor filed an opposition on July 27, 2023 and Judgment Debtor replied on August 2, 2023. Evidentiary Objections Judgment Debtor's evidentiary objections to the declaration of William J. Hamilton in support of ...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 799
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...fendant”) on June 6, 2018. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502. The parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolidate, filed 02/11/20.) On April 23, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The C...
2023.08.10 Motion to Enter Judgment Pursuant to Stipulation 070
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...ecember 3, 2019. Defendant filed an answer on January 9, 2020. On July 7, 2020, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court denied the request on the same date. (Stip for Entry of Judgment and Order, 07/07/20.) On September 22, 2020, the Court entered Defendant's dismissal from the Complaint without prejudice, pu...
2023.08.10 Demurrer 344
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.10
Excerpt: ...lein (“Plaintiffs') filed this action against Defendant Santana Cycles, Inc. dba Santana Adventures (“Defendant”) on October 11, 2022. Defendant filed a Demurrer to the Complaint on March 21, 2023, which was set for hearing on May 9, 2023. Following transfer of the action to the limited jurisdiction court, Defendant filed a reply on June 20, 2023. Plaintiffs filed an opposition on July 28, 2023, which was previously served on Defendant on M...
2023.08.09 Motion to Vacate Dismissal 364
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...ion against Defendant Miguel A. Jimenez (“Defendant”) on March 10, 2020. Defendant filed an answer on September 24, 2020. On March 10, 2022, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Stip for Entry of Judgment and Order, 03/...
2023.08.09 Motion to Vacate Default Judgment and Dismiss Defendant 944
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.09
Excerpt: ...T COURTHOUSE. ANALYSIS: On January 12, 2023, Plaintiff National Commercial Recovery, Inc. dba Blair Smith and Associates (“Plaintiff”) filed this action against Defendants Alchemy Group Concepts LLC dba Kai's Table, Alchemy Group Spirits LLC dba Kai's Table; Norman Lee aka Norman Detric Lee aka Norman Kai Lee aka Kai Lee, and Erica Pesso (“Defendant Pesso”). Following Defendants' failure to file responsive pleadings, the Court entered the...
2023.08.08 Motions to Compel Further Responses, for Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.08
Excerpt: ...ION, WITHIN 20 DAYS' NOTICE OF THIS ORDER. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on October 7, 2022. On May 4, 2023, Plaintiff Aparicio filed Motion to Compel Further Responses to Request for Production of Documents against Defendant Hambel, which th...
2023.08.07 Motion to Compel Medical Exam, for Terminating, Monetary, or Evidentiary Sanctions 862
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.07
Excerpt: ... OF THIS ORDER. THE TRIAL DATE OF AUGUST 9, 2023 IS VACATED. ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION PROCEEDING IS SET FOR DECEMBER 11, 2023 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. Discussion On February 9, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action by a Petition for Case Number for Protective Order pursuant to Cal. Insurance Code section 11580.2. Due to cler...
2023.08.07 Petition for Disposition of Vehicle with Altered Serial Number 280
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.07
Excerpt: ... On December 6, 2022, Petitioner Los Angeles County Sheriff's Department, Taskforce for Regional Autotheft Prevention, East Team (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondent Mike Saleh (“Respondent”). The Petition came for hearing on May 11, 2023, at which time only Respondent appeared. (Minute Order, 05/11/23.) At Respondent's request, the hear...
2023.08.03 Motion to Compel Further Responses 307
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.03
Excerpt: ... OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $2,125.00 TO PLAINTIFF'S COUNSEL, ALSO WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On January 10, 2020, Plaintiff Basta, Inc. (“Plaintiff”) filed this action for “wrongful use of civil proceedings” against Defendant Irene Zendano, individually and as trustee of the Irene Valerie Zendano Family Revocable Living Trust U.T.D. May 9, 2015 (“Defendant”). Following Defendant's fai...
2023.08.02 Demurrer 367
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.02
Excerpt: ...r to the Complaint on June 13, 2023. Plaintiff filed an opposition on July 13, 2023. Discussion The Complaint alleges causes of action for (1) violation of Consumers Legal Remedies Act, Civil Code § 1750 et seq.; and (2) violation of California Business and Professions Code § 17200, et seq., based on the following facts. On November 14, 2019, Plaintiff when to 5 Star Auto Group dba Billion Auto Group's (“Seller”) place of business and purch...
2023.08.01 Motion to Pay Judgment in Installments 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.01
Excerpt: ...nce Company (“Judgment Creditor”) filed the instant action against Defendant David Franco (“Judgment Debtor”). Default judgment was entered against Judgment Debtor on June 22, 2022. On February 23, 2023, Judgment Debtor filed the instant motion to pay the judgment in installments. The Motion initially came for hearing on May 22, 2023, at which time Judgment Creditor appeared to argue in opposition. (Minute Order, 05/22/23.) The Court cont...
2023.08.01 Motion for Summary Judgment 210
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.08.01
Excerpt: ...nt”) on April 4, 2022. Defendant filed an answer in properia persona on April 20, 2022. On December 8, 2022, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order 12/08/22.) On May 12, 2023, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of indemnity agreement. Plaintiff alleges th...
2023.07.31 Motion to Tax Costs 009
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.31
Excerpt: ... Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. On February 15, 2023, the Court granted Defendant's motion for summary judgment and the Court entered judgment accordingly on March 30, 2023. Defendant filed a memorandum of costs on April 20, 2023 and Plaintiff filed the instant Motion to Tax Costs on May 8, 2023. Discussion “Any notice of motion to strike or to tax...
2023.07.27 Motion for Reconsideration 678
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.27
Excerpt: ...vice Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: Reconsider the ruling denying Defendant's motion to vacate judgment. New evidence shows that the conversation about the account could not have occurred in August 1998. The IRS levy on Defendant's corporate account was issued in 1996, which is when she called Home Sav...
2023.07.27 Motion for Assignment Order 540
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.27
Excerpt: ... 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Collections action. REQUEST FOR RELIEF: The Court should assign any and all amounts owed to Judgment Debtor Lopez pursuant to a residential lease agreement with Sotheby's International Realty and/or Alexandra Pfeifer, in an amount to satisfy the judgment. OPPOSITION: None filed as of July 24, 2023. REPLY: None filed as of July 24, 2023. TENTATIVE RULING: Judgment Credi...
2023.07.26 Motion for Reconsideration 678
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.26
Excerpt: ...fendant on August 28, 1998. The judgment was renewed on December 7, 2007 and August 28, 2017. On July 3, 2012, an Assignment of Judgment was filed, naming Credilogical Systems, LLC (“Judgment Assignee”) as the judgment creditor. On February 5, 2018, Defendant filed a Motion to Set Aside Judgment (“the First Motion to Vacate”) in pro per. The First Motion to Vacate was opposed by Judgment Creditor and came for hearing on March 15, 2018. Th...
2023.07.25 Motion to Quash Service and Dismissal of Action 904
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...rvice of the Summons and Complaint on July 28, 2006. Following no response to the Complaint, default judgment was entered against Judgment Debtor on October 24, 2006. The judgment was renewed on November 17, 2014 and December 22, 2022. Judgmen Debtor filed the instant Motion to Quash Service and Dismissal of Action on February 21, 2023. Judgment Assignee PMGI, LLC (“Judgment Assignee”) filed an opposition on February 28, 2023 and Judgment Deb...
2023.07.25 Motion to Intervene 571
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...ts Patrick Desmore (erronously sued as Patrick K. Desmore), Yolanda Desmore, Robert Bautista (erroneously sued as Robert Apodaca), April Apodaca, Cesar Montenegro, Kimberly Bray (erroneously sued as Kimberly Brae), and Edward Silberstein. All Defendants filed an answer except Defendant Yolanda Desmore, who has been dismissed. This action arises from a dispute over a construction bond in the penal sum of $15,000.00 issued to S. CA. Construction Co...
2023.07.25 Motion for Attorney Fees 255
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.07.25
Excerpt: ...on Law, and claim against surety against Defendants Austra Motors, Inc. (“Defendant Austra”) and State National Insurance Company (“Defendant SNIC”) on June 3, 2021. Default was entered against Defendant Austra on September 8, 2021; Defendant SNIC was dismissed on January 20, 2022. Judgment after default was entered in favor of Plaintiffs and against Defendant Austra on January 25, 2023. Plaintiffs filed the instant Motion for Attorney's ...

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