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

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

Excerpt: ...: A. Factual Background On February 7, 2023, Plaintiff Genevieve Germain (“Plaintiff”) filed this action against Defendants Behringer Harvard Redwood, LLC, Greystar Worldwide, LLC, GS Redwood Property, LLC, Greystar California, Inc. and Does -1000, inclusive, asserting causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) nuisance, (5) v...

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

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

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

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

Excerpt: ...against Defendants Behringer Harvard Redwood, LLC, Greystar Worldwide, LLC, GS Redwood Property, LLC, Greystar California, Inc. and Does -1000, inclusive, asserting causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) nuisance, (5) violation of Cal. Business and Prof. Code section 17200 et seq., (6) negligence, and (7) fraudulent concealmen...

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

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

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

Excerpt: ...led the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, th...

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

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

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

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

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

Excerpt: ...ITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Christian Warren (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Benjamin Chavez (“Respondent”), on February 27, 2023. No response to the Petition has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition sha...

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

Excerpt: ...tion against Defendant Ashley Nasha Young (“Defendant”) on November 22, 2021. Defendant filed an answer on January 25, 2022. On October 17, 2022, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on December 14, 2022. (Order for Dismissal, 12/14/22.) ...

Excerpt: ...instant action for breach of contract and common counts against Defendant Cristina McDonald (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 21, 2022. (Minute Order, 03/21/22.) The case came for trial on April 1, 2022, after which the Court entered judgment in Plaintiff's favor in the amount of $20,720.00 plus pre- and post- judgment interest, attorney's fe...

Excerpt: ...led the instant action for breach of contract and common counts against Defendant Garnik Badalyans (“Cross-Complainant”) on December 6, 2022. Cross- Complainant filed a cross-complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against Cross-Defendant, on January 20, 2023. Cross-Defendant filed the instant Demurrer to, and Motion to Strike Portions of, the Cross-Complaint on February 1, 20...

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

Excerpt: ...ant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on Oct...

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

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

Excerpt: ...CEDURE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Minjing Wang (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Automation Alliance Group, LLC (“Respondent”) on February 10, 2023. The Petition initially came for hearing on April 26, 2023, at which time it was continued to allow Petitioner to file proof of service of the Petition and notice of hearing in accor...

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

Excerpt: ...lls”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on October 2...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ..., Howard Management Group ("Defendant HMG"), Daniel Sloan ("Defendant Sloan"), Gonzalo Olmedo dba Olmedo's Construction ("Defendant Olmedo") and Business Alliance Insurance Company ("Defendant BAIC") on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court, then reassigned to the Independent Calendar Court. (Notice of Reassignment, 09/24/19.) The First Amended Complaint was filed on October 22, 2019. Defendant WIR ...

Excerpt: ... action for automobile subrogation against Defendant Juan Corajoria ("Defendant') on September 6, 2018. On October 22, 2021, Plaintiff filed a copy of its settlement agreement With Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order for Dismissal, 10/22/21.) Plamtiff filed the instant mo...

Excerpt: ... against Defendant Jonathan McDaniel ("Defendant") on January 30, 2020. Defendant filed an answer on March 17, 2022. On June 14, 2022, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Order for Dismissal, 06/14/22.) Plamtiff filed the ...

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

Excerpt: ... Legal Remedies Act, Unfair Business Act, and Vehicle Code Section 11711 agamst Defendants FE Motors, Driveit Financial Services, Inc. dba Driveit Auto Group ("Cross- Complainant") and Hudson Insurance Company. On January 20, 2019, Cross-Complainant filed a cross- complaint against Cross-Defendants Seyedehfatemeh Olaei dba FE Motors, Seyed Ehsan Ayatollah dba FE Motors ("Cross-Defendants FE Motors"), and Hudson Insurance Company ("Cross-Defendant...

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

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