Excerpt: ...ent was renewed on September 28, 2021. Notice of the renewal of judgment was served on October 8, 2021. Defendant filed the instant Motion to Vacate Default, Default Judgment, and Renewal of Judgment on June 3, 2022. No opposition has been filed to date. Legal Standard A renewal of judgment can be vacated pursuant to Code of Civil Procedure section 683.170, which states in relevant part: (a) The renewal of a judgment pursuant to this article may ...

Excerpt: ...e Complaint fails to state any viable cause of action. (Notice of Rejection, 08/17/20.) Plaintiff was instructed to file an amended Complaint to state a cause of action. (Ibid.) The Court set an Order to Show Cause Re Entry of Default and Default Judgment, which was held on September 9, 2020 and then continued to June 24, 2021. (Minute Order, 09/09/20.) Plaintiff filed a First Amended Complaint on September 22, 2020. The Order to Show Cause was c...

Excerpt: ... for accounting against Defendant Ryan Katzenbach dba Katco Media (“Defendant”) and Amityville Holdings, Inc. on February 13, 2019. On June 20, 2019, the Court overruled Defendant's Demurrer to the Complaint and ordered an Answer to be filed. Defendant filed an Answer and Cross-Complaint on July 10, 2019. Amityville Holdings, Inc. was subsequently dismissed from this action. On March 11, 2020, the Court ordered this action reclassified to a C...

Excerpt: ...YSIS: On July 2, 2019, Plaintiff Nicole Jackson (“Plaintiff”) filed the instant action against Defendant Eagle Rock Oil, Inc. (erroneously sued as Chevron) (“Defendant”). The case was set for trial on December 29, 2020. Following Plaintiff's failure to appear at trial, the Court dismissed the action without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3). On March 25, 2021, the Court granted Plaintiff's Motio...

Excerpt: ...DANT SANDRA HAYES IS SET FOR AUGUST 3, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Sandra Hayes (“Defendant Hayes”) and Cynthia Ratliff (“Defendant Ratliff”) on January 7, 2021. Defendants filed an Answer on March 11, 2021. On March 9, 2022, the Court granted Plai...

Excerpt: ...tion was initially set for hearing on May 16, 2022, at which time the Court found no notice of the Petition and hearing date had been provided to Respondent. (Minute Order, 05/16/22.) The Court ordered the hearing continued to August 8, 2022 and for the necessary proof of service to be filed at least 16 court days prior to the new hearing date. (Ibid.) On May 23, 2022, Petitioner filed a request to advance the hearing date, which the Court grante...

Excerpt: ...iff”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) for motor vehicle negligence. Following substitution of attorney, Plaintiff filed the instant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction (“Motion”) on May 27, 2022. No proof of service of the Summons and Complaint has been filed, nor any opposition to the instant Motion. Discussion Code of Civil Proc...

Excerpt: ...issed the action following Plaintiff's failure to appear at trial, then re-instated the action upon Plaintiff's motion to vacate the dismissal. (Minute Order, 08/25/21.) Defendant filed the instant Motion for Summary Judgment on March 28, 2022. Plaintiff filed an opposition on May 31, 2022 and Defendant replied on June 10, 2022. Discussion Request for Judicial Notice Defendant requests that the Court take judicial notice of the following document...

Excerpt: ...ardo (“Plaintiff”) filed this action against Defendants Evil Genius Fabrications, Inc. (“Defendant Evil Genius”), Cole Taylor (“Defendant Taylor”), ITALOSPEED (“Defendant ITALOSPEED) and Tony Bartolotta (“Defendant Bartolotta”). On June 2, 2020, the Court vacated the August 18, 2020 trial date and set an Order to Show Cause Re Failure to File Proof of Service for April 22, 2021. The Order to Show Cause was continued multiple tim...

Excerpt: ... against Defendant Lorenzo Martinez (“Defendant”) on January 22, 2019. On January 14, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on February 26, 2021. (Order for Settlement and Dismissal, filed 01/14/21.) Plaintiff filed the instant Motion to V...

Excerpt: ...n against Defendant Calmex Auto, Inc. (“Defendant Calmex”) and others on September 30, 2021. On October 28, 2021, Defendant Calmex filed an Answer to the Complaint. Plaintiff filed the instant Motion to Strike the Answer on May 16, 2022. To date, no opposition has been filed. Discussion The Motion to Strike is brought pursuant to Code of Civil Procedure section 436 on the grounds that Defendant Calmex, despite being a corporation, was not rep...

Excerpt: ...tion 51 of the Unruh Civil Rights Act (“UCRA”). On May 17, 2022, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on May 23, 2022 and Defendant replied on June 3, 2022. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Deleissegues Decl., ¶¶4-5.) The Demurrer is also accompanied by a Request for Judicial Notice of the ...

Excerpt: ...e to respond, the Court entered default on March 11, 2022. Plaintiff filed a request for default judgment on May 5, 2022, which has yet to be processed. Defendant filed the instant Motion to Vacate Default on May 16, 2022. Plaintiff filed an opposition on June 1, 2022 and Defendant replied on June 7, 2022. Defendant also filed an Answer to the Complaint on June 7, 2022. Discussion Defendant moves for relief from the default pursuant to Code of Ci...

Excerpt: ...dba Pietris Bakery (“Defendant”) on March 3, 2021. On April 4, 2022, Plaintiff filed a notice of settlement and the Court set an Order to Show Cause re Dismissal for August 3, 2022. Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment on April 22, 2022. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brought under Code of Civil Procedure, section 664.6, which states in relevant part:...

Excerpt: ...signed the award to Collection Consultants of California (“Petitioner.”) (See Pet., Exh. 1.) On October 29, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (“the Petition”). The Court set the Petition for hearing on March 4, 2022 and ordered Petitioner to give notice. On February 28, 2022, the Court continued the hearing to March 17, 2022 and ordered Petitioner to give notice. At the initial hearing on March 17, 2...

Excerpt: ...ectively, “Defendants”) on November 3, 2020. On February 28, 2022, the Court denied Plaintiff's Motion for Summary Judgment. (Minute Order, 02/28/22.) Defendant filed the instant Motion for Summary Judgment on March 22, 2022. Plaintiff filed an opposition on May 27, 2022 and Plaintiff replied on June 2, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., ¶1.) ...

Excerpt: ... 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 Luis Alberto Zelaya (“Defendant”) on July 3, 2018. Following entry of default judgment against Defendant on June 25, 2020, the parties stipulated to vacate the judgment and allow Defendant to file an Answer. The Answer was filed...

Excerpt: ...tments Real Estate Advisory, Inc. (“Plaintiff”) filed the Complaint in this action against Defendant ADP TotalSource, Inc. (“Defendant”) Defendant's Answer was filed on March 11, 2022. On April 11, 2022, Plaintiff filed a Demurrer to the Answer. On May 3, 2022, Defendant filed the Amended Answer to the Complaint, within the time allowed by Code of Civil Procedure section 472, subdivision (a). Plaintiff filed the instant Demurrer to the Am...

Excerpt: ...an Answer on April 12, 2021. On March 15, 2022, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted. (Minute Order, 03/15/22.) Proposed Intervenor Loya Casualty Insurance Company (“Loya Casualty”) filed the instant Motion to Intervene on May 11, 2022. No opposition has been filed to date. Discussion The right to intervene is set forth at Code of Civil Procedure section 387. Upon timely application, intervention is all...

Excerpt: ...inst Defendant Jemall Williams (“Defendant”) on February 16, 2021. Defendant filed an Answer on June 11, 2021. On February 14, 2022, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendant. (Minute Order, 11/08/21.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on February 24, 2022. No opposition has been filed to date. Legal Standard The standard for ruling on a moti...

Excerpt: ...ES, AND THE CONSENT PORTION OF THE 27TH AFFIRMATIVE DEFENSE. ANALYSIS: Plaintiff Northern California Collection Service, Inc. (“Plaintiff”) filed the instant collections action against Defendant Martin Diaz dba West Net Commercial Construction Co. adba West 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 fir...

Excerpt: ...arch 2, 2021. Defendant filed the instant Motion for Leave to File Cross-Complaint on May 10, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be file...

Excerpt: ...Reporting Agencies Act against Defendant AMLI Management Company (“Defendant”) on October 6, 2020. Defendant filed an Answer on November 19, 2020. On September 15, 2021, the Court granted Plaintiff Stricker's motion to compel Defendant's responses to request for production of documents and request for monetary sanctions. (Minute Order, 09/15/21.) The Court ordered Defendant to serve responses to the discovery and pay monetary sanctions within...

Excerpt: ...f”) filed this action against Defendants Ever F. Ovando (erroneously sued as “Ever Fernando Ovanco Monzon”) (“Defendant Ovando”) and Uber Technologies, Inc. (“Defendant Uber”). Defendant Ovando's default was entered on December 8, 2021. Defendant Uber filed the instant Motion to Compel Arbitration on November 29, 2021. On February 15, 2022, Plaintiff an opposition to the Motion. The Motion initially came for hearing on March 1, 2022...

Excerpt: ... Award (the “Petition”) on January 27, 2022. Respondent filed a Response on May 10, 2022 and Petitioner replied on May 25, 2022. Legal Standard There is first a question of what law applies to the instant Petition. The Petition is brought on the Judicial Council form referenced in Code of Civil Procedure section 1285 and makes no mention of being brought under the Federal Arbitration Act (“FAA”). Only in its reply does Petitioner mention ...

Excerpt: ...IN 20 DAYS' SERVICE OF THIS ORDER. FURTHERMORE, PLAINTIFF AARRIS HEALTHCARE, LLC IS ORDERED TO PAY SANCTIONS OF $485.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. Defendant Marlene Robertson's Motion for Order Establishing Admissions to Requests for Admission, Set One, and for Sanctions is GRANTED. PLAINTIFF AARRIS HEALTHCARE, LLC IS ORDERED TO PAY SANCTIONS OF $485.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALY...

Excerpt: ...“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 and serve the Answ...

Excerpt: ... OR DISMISSED ANALYSIS: On October 21, 2018, an Arbitration Award was issued in favor of Dzmitry Baltunou (“Petitioner”) and against Jack Senese (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on January 24, 2022. To date, no proof of service with respect to the Petition or Notice of Hearing has been filed. No opposition has been filed to date. Legal Standard “Any party to an arbit...

Excerpt: ... 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 Linda Interiano (“Defendant”) on January 3, 2020. On November 12, 2020, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure s...

Excerpt: ...wer on August 15, 2019, and Plaintiff ultimately sought to serve Defendant Soleimani by publication. Proof of service of the Summons and Complaint on Defendant Soleimani by publication was filed on Defendant 26, 2019. Following Defendant Soleimani's failure to file a responsive pleading, the Court entered her default on January 31, 2020. Defendant Soleimani then filed a Motion to Vacate Default, which the Court granted on October 4, 2021 with an ...

Excerpt: ...st Defendant Justin Dionne (“Defendant”) on November 19, 2018. After service of the Summons by publication, Defendant filed an Answer on October 21, 2019. On September 8, 2020, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendant. (Minute Order, 09/08/20.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on February 18, 2022. No opposition has been filed to date. Lega...

Excerpt: ...RING STREET COURTHOUSE. ANALYSIS: Plaintiff Michael D. Anderson dba Anderson & Associates aka Anderson, Armenta & Associates, LLP (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendants Richard Culpepper and Kerri Culpepper (“Defendants”) on March 26, 2018. Following Defendants' failure to file a responsive pleading, the Court entered default on September 13, 2018 and default judgment on March 10, 2020. ...

Excerpt: ...tant Motion for Summary Judgment, or in the alternative, Summary Adjudication on March 8, 2022. Plaintiff filed an opposition on May 12, 2022. On May 16, 2022, the Court denied Plaintiff's peremptory challenge to judicial officer. (Minute Order, 05/16/22.) Discussion Plaintiff alleges he is a California resident with physical disabilities and a high-frequency litigant. (Compl., ¶¶1-2.) He further alleges that when he visited Defendant's store a...

Excerpt: ...2022. On the same date, non-party Loya Casualty Insurance Company (“Loya Casualty”) filed the instant Motion to Intervene. To date, no opposition has been filed. Discussion The right to intervene is set forth at Code of Civil Procedure section 387. Intervention is allowed upon timely application when “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that perso...

Excerpt: ...May 26, 2021. Marie Keel (hereinafter “Cross-Complainant”) filed a Cross-Complaint and Answer on April 19, 2022. Cross-Defendant filed the instant Demurrer to the Cross-Complaint on April 22, 2022. The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure, section 430.41. (Decl. Re Compliance, filed 04/22/22, ¶¶1-4.) To date, no opposition has been filed. Discussion This action arises out of forensi...

Excerpt: ...URSUANT TO THE CODE OF CIVIL PROCEDURE. ANALYSIS: On January 11, 2019, the Court entered judgment in favor of Petitioner Corey Brooks and against Respondent Explorer 1 Ambulance and Medical Services, LLC pursuant to Order, Decision or Award of the Labor Commissioner. On July 15, 2019, Petitioner filed an Application and Order for Appearance and Examination, which was set for hearing on September 24, 2019. On September 24, 2019, the Court placed t...

Excerpt: ...lowing entry of Defendant's default, the parties stipulated to set the default aside and allow Defendant to file an Answer. (Stip and Order, 09/21/20; Answer, 09/21/20.) On May 18, 2021, Plaintiff filed a copy of the settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. ...

Excerpt: ...al service of the Summons and Complaint was filed on March 13, 2018. Defendant defaulted on March 13, 2018 and the Court set an order to show cause re entry of default judgment/dismissal for December 12, 2019. (Minute Order, 06/25/19.) The order to show cause was continued to June 6, 2020 at Plaintiff's request, and then again to March 9, 2021 on the Court's order. (Minute Order, 12/12/19; Notice of Continuance, 04/02/20.) Following Plaintiff's f...

Excerpt: ... V. SELVO IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On February 4, 2022, Plaintiff Gerald V. Selvo (“Plaintiff”) filed the instant action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition against Defendants Joseph Sabet and Sabet Dental Corporation (“Defendants”). Defendants filed the instant Special Motion to Strike the Complaint and Motion to Reclassify Act...

Excerpt: ... 21, 2019. On March 4, 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 March 9, 2021. (Order for Settlement and Dismissal, filed 03/04/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on March 2...

Excerpt: ... 2022 and Defendant replied on April 11, 2022. Discussion The Complaint alleges that employees of the State Bar took bribes from a Chinese company to cover up import duty fraud by a Chinese company, Bonito. (Compl., p. 2:5-17) The fraud, allegedly in the amount of $90 million, was committed by Bonito's attorneys, Steve Wasserman and Nial McCarthy, whom Defendant refused to investigate. (Ibid.) As a result of the mental and physical anguish Plaint...

Excerpt: ...AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE IS ALSO VACATED. ANALYSIS: Plaintiff Assessment Appeals Advisors, LLC (“Plaintiff”) filed the instant action against Defendant James H. Tuggle (“Defendant”) on October 25, 2019. Following Defendant's failure to respond to the Complaint, the Court entered default on December 2, 2021. Defendant filed the first Motion to Vacate Default on December 27, 2021. The first Motion to Vacat...

Excerpt: ...n December 1, 2020, 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 December 4, 2022. (Order for Settlement and Dismissal, filed 12/01/20.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on March 11, 202...

Excerpt: ...poration dba Long Beach Total Dental Care (erroneously sued as Long Beach Total Dental Care) (“Defendant Singh Dental”) (collectively, Defendants”) on April 5, 2021. Defendant Singh Dental filed an Answer to the Complaint on October 12, 2021. On February 16, 2022, Defendants filed the instant Motion for Summary Judgment. The Court denied Plaintiff's Motion for Summary Judgment on April 4, 2022. (Minute Order, 04/04/22.) Plaintiff filed an o...

Excerpt: ...halany (“Defendant”) on August 13, 2020. When Defendant failed to respond to the Complaint, Plaintiff obtained entry of default on October 14, 2020. Following the parties' stipulation to set aside the entry of default, Defendant filed a Demurrer to the Complaint. The Court overruled the Demurrer on May 26, 2021 and ordered Defendant to file an Answer to the Complaint. (Minute Order, 05/26/21.) Defendant filed an Answer on June 14, 2021. The c...

Excerpt: ...AR OR DENIED. ANALYSIS: Petitioner Lonehill Manor, LP (“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 against Susan Williamsen (“Respondent”) on April 28, 2022. The Petition is set for hearing on May 16, 2022. No response to the Petition has been filed to date. Petitioner moves pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the ...

Excerpt: ...eparate Property Trust, Delores Adelman Aka Dolores Adelman, and The Estate Of Delores Adelman (“Defendants”). On May 10, 2016, the Court granted Defendants' Motion to Expunge Lis Pendens. (Order Expunging Notice of Pendency of Action, 05/17/18.) The operative pleading, the Third Amended Complaint, was filed on November 21, 2017 and alleges a single cause of action for Violation Of Los Angeles Municipal Code Chapter XV § 151.09(G). Defendant...

Excerpt: ...COSTS WITHIN TEN (10) DAYS OF THIS ORDER. RELIEF SOUGHT: [X] Release of Mechanic's Lien - Per CC § 8480. [X] Attorneys' Fees and Costs - Per CC § 8488(c). [ ] Other: SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] Correct Manner of Service (Civ. Code 8486(b)) OK [X] 15/20 Day Lapse (Civ. Code 8486(b)) OK PETITION MUST CONTAIN: [X] Date of lien: March 7, 2021. [X] Legal description of prope...

Excerpt: ...nt Creditor”) and against Judgment Debtor Alejandro Silva (“Judgment Debtor”). (RJN, Exh. 2.) The judgment was entered in the amount of $2,325.15, based on a principal amount of $1,124.15, costs of $186.00, and attorney's fees of $1,015.00 (the “Judgment”). (Id. at ¶¶ 1-2.) The Court also awarded “all reasonable costs and attorneys' fees incurred by [Judgment Creditor] after entry of this judgment in collecting the amounts listed in...

Excerpt: ...2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter “Cross-Defendants”). On August 27, 2020, the Court sustained Cross-Defendants' demurrer to the Cross-Complaint with leave to amend the breach of contract cause of action, and without leave to amend the declaratory relief cause of action. (Minut...

Excerpt: ...e Insurance Company (“Petitioner”) and against Ace American Insurance Company (erroneously sued as Ace USA Group) (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on August 6, 2021. The Petition was continued at Petitioner's request from March 24, 2022 to April 27, 2021. Petitioner filed an Amendment to Complaint on March 23, 2022 indicating Respondent's correct name is Ace American I...

Excerpt: ...Court entered default judgment on October 7, 2009. The judgment was renewed on September 12, 2019. On March 1, 2022, the Court denied Plaintiff's first Motion to Vacate Renewal of Judgment and Dismiss Action with Prejudice without prejudice. (Minute Order, 03/01/22.) Plaintiff filed the instant Motion to Vacate Renewal of Judgment and Dismiss Action with Prejudice (“the second Motion to Vacate Renewal of Judgment”) on March 10, 2022. The seco...

Excerpt: ...ANALYSIS: On January 8, 2016, Plaintiffs Garret Adelman and Justin Adelman (“Plaintiffs”) filed the instant action for violation of rent stabilization ordinances against Defendants Jerome Adelman, Trustee of The Dolores Adelman Separate Property Trust, Delores Adelman Aka Dolores Adelman, and The Estate Of Delores Adelman (“Defendants”). On May 10, 2016, the Court granted Defendants' Motion to Expunge Lis Pendens. (Order Expunging Notice ...

Excerpt: ...GELES SUPERIOR COURT RULES AND CALIFORNIA RULES OF COURT. ANALYSIS: On September 30, 2014, National Commercial Recovery, Inc. (“Plaintiff”) filed the instant collections action against Defendants So Cal Green Produce Corp., Calgreen Produce Corp., Amin Douraghi, Feras Mohammad and Frank Shalabi. Defendant Douraghi's Answer was filed on December 29, 2014. Following the trial, at which no Defendant appeared, judgment was entered in Plaintiff's ...

Excerpt: ...onal service of the Summons and Complaint was filed on March 13, 2018. Defendant defaulted on March 13, 2018 and the Court set an order to show cause re entry of default judgment/dismissal for December 12, 2019. (Minute Order, 06/25/19.) The order to show cause was continued to June 6, 2020 at Plaintiff's request, and then again to March 9, 2021 on the Court's order. (Minute Order, 12/12/19; Notice of Continuance, 04/02/20.) Following Plaintiff's...

Excerpt: ...tiff filed an ex parte application to continue the trial date on August 26, 2021, which was denied. At the August 30, 2021 trial date, however, Plaintiff represented that they would be obtaining an attorney and the Court continued the trial to April 25, 2022. (Minute Order, 08/30/21.) Plaintiff filed the instant Motion to Continue Trial Date on April 1, 2022. No opposition has been filed to date. Discussion First, the Motion is not accompanied by...

Excerpt: ...d (2) Violation of Vehicle Code § 5753 Failure to Deliver Certificate of Ownership. The action pertains to the sale of a used 2015 Chevrolet Silverado 1500 (“the Vehicle”). On October 13, 2020, the Court sustained Defendant's demurrer to the Complaint with leave to amend. (Minute Order, 10/13/20.) Plaintiff filed the First Amended Complaint on November 2, 2020. The First Amended Complaint added causes of action as follows: (1) Negligence Per...

Excerpt: ...r.”) (See Pet., Exh. 1.) On October 29, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on March 4, 2022 and ordered Petitioner to give notice. On February 28, 2022, the Court continued the hearing to March 17, 2022 and ordered Petitioner to give notice. At the initial hearing on March 17, 2022, the Court found that Petitioner had not given Respondent notice o...

Excerpt: ...erve his Answer within 20 court days of this Order. ANALYSIS: Plaintiff Leticia Martinez (“Plaintiff”) filed the instant action against Defendant Jaime Flores (“Defendant”) on July 25, 2019. Following Defendant's failure to respond, the Court entered default on January 09, 2020. Thereafter, the Court entered judgment against Defendant on February 10, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on Februa...

Excerpt: ...d Defendant's motions to compel responses to request for production of documents and interrogatories. (Minute Order, 11/18/21.) Defendant filed the instant Motion for Terminating Sanctions on January 19, 2022. Plaintiff filed an opposition on March 28, 2022. Legal Standard Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subds....

Excerpt: ...22, the Court denied Plaintiff's ex parte application to continue the trial date. (Minute Order, 01/13/22.) When the action came for trial on March 3, 2022, the Court found the parties had not complied with the trial requirements. (Minute Order, 03/03/22.) The parties stipulated to continue the trial date to May 26, 2022. (Ibid.) Plaintiff filed the instant Motion for Leave to File First Amended Complaint on January 14, 2022. No opposition has be...

Excerpt: ...dants”) on October 21, 2020. On March 16, 2022, the Court denied Defendants' Motion for Summary Judgment, or in the alternative, Summary Adjudication. (Minute Order, 03/16/22.) Plaintiff filed the instant Motion for Summary Judgment on January 5, 2022. Defendants filed an opposition on March 4, 2022 and Plaintiff filed a reply separate statement on March 14, 2022. At the hearing on March 21, 2022, the Court continued the matter to allow the par...

Excerpt: ...icas, Inc. (“Defendant”). The Complaint alleges a causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of Vehicle Code section 11713.13(d); and (4) relief pursuant to Vehicle Code section 11726. Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on November 17, 2021. On February 3, 2022, the Court granted Plaintiff's ex ...

Excerpt: ... Community Association (“Plaintiff”) and against Defendants Elvira Telles and John Doe Telles (“Defendants”) in Greenway Parc at Surprise One Community Association v. Elvira Telles and John Doe Telles, Case No. CC2013-187257. The default judgment was entered in the principal sum of $3,363.36, attorney's fees of $1,330.00, and costs of $292.72. (Motion, RJN, Exh. 2.) On September 13, 2016, this Court entered judgment based on the sister- s...

Excerpt: ...l installment sales contract (“RISC”) against Defendant Victor Lucero dba Blue Diamond Auto (“Defendant”). Default was entered against Defendant on September 17, 2018, then vacated by stipulation on December 16, 2019. Plaintiff's motion for summary judgment, or in the alternative, summary adjudication was granted on July 8, 2020. (Minute Order, 07/08/20.) The Court entered judgment in Plaintiff's favor on August 27, 2020 in the amount of ...

Excerpt: ...murrer to the Complaint on February 10, 2022. The Demurrer came for hearing on March 15, 2022, at which time Plaintiff appeared and sought a continuance. (Minute Order, 03/10/22.) On the same date, Plaintiff filed a document entitled “Strike the Demurrer.” The hearing was continued to April 6, 2022. (Ibid.) Discussion Defendant demurs to the Complaint for failure to allege sufficient facts to state a cause of action, uncertainty. (Code Civ. P...

Excerpt: ...cal Marketing, Inc. (“Plaintiff”) filed this action for breach of contract against Defendant Dr. Anita Mandal (“Defendant”). Defendant filed the instant Motion to Compel Arbitration (“the Motion”) on December 22, 2021. No opposition has been filed to date. Discussion The Motion is brought pursuant to California's arbitration provision, Code of Civil Procedure section 1281, et seq., which states in relevant part: “On petition of a pa...

Excerpt: ... Dental”) (collectively, Defendants”) on April 5, 2021. Defendant Singh Dental filed an Answer to the Complaint on October 12, 2021. Plaintiff filed the instant Motion for Summary Judgment on February 8, 2022. Defendants filed an opposition on February 17, 2022. Plaintiff had filed a request to postpone the hearing on March 2, 2022. When the Motion initially came for hearing on March 3, 2022, the Court acknowledged the request to postpone, he...

Excerpt: ...ruled that judgment was to be entered in Plaintiff's favor in the principal amount of $7,917.00 plus costs to be determined by memorandum of costs. (Minute Order, 10/12/21.) The Court further ordered that attorney's fees would be determined pursuant to a noticed motion. (Ibid.) Plaintiff filed a Memorandum of Costs on November 2, 2021. Judgment was entered on November 18, 2021. Plaintiff filed the instant Motion for Attorney's Fees on December 6,...

Excerpt: ... CROSS- COMPLAINT IS DEEMED MOOT. Cross-Complainant Joseph Bendix IS TO FILE THE THIRD AMENDED CROSS-COMPLAINT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On December 10, 2020, Plaintiff Giavanna Whited filed the Complaint in this action against Defendants Joseph Bendix, Nancy Nelson and Essex Property Trust, Inc. Joseph Bendix (hereinafter Cross-Complainant”) filed a Cross-Complaint against Giavanna Whited (“Cross-Defendant”) on October 18, 20...

Excerpt: ... entered against Defendant on May 30, 2013, and a default judgment was entered against her on June 17, 2014. On January 30, 2019, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”) under Code of Civil Procedure section 473, subdivision (d) for lack of personal jurisdiction. On February 26, 2019, the court granted Defendant's unopposed Motion to Vacate Default and Default Judgment. (Minute Order, 02/26/19.) The Cour...

Excerpt: ...IN CONFORMITY OF CODE OF CIVIL PROCEDURE SECTION 403.030. ANALYSIS: On December 14, 2020, Heidari Law Group, APC (“HLG”) filed the instant interpleader action against Maria Jimenita Castillo-Sevilla, Diego Tellez Mejia, Jocelyn Tellez (“the Clients”) and Thomas Martin Honka, D.C. dba Honka Chiropractic Pain Relief Clinic (“Honka”). Honka filed a Cross-Complaint against HLG on February 3, 2021. HGL and the Clients filed the instant Mot...

Excerpt: ...17. On March 6, 2020, Plaintiff filed a copy of the parties' stipulated settlement agreement with a request to dismiss the action pursuant to Code of Civil Procedure section 664.6. The Court entered an order dismissing the case and retaining jurisdiction pursuant to Code of Civil Procedure section 664.6 on the same date. (Order Re Settlement, 03/06/20.) On December 22, 2020, Plaintiff filed the first Motion to Vacate Dismissal and Enter Judgment ...

Excerpt: ...”). The Complaint alleges that Defendants should not have prescribed Plaintiff the medication Baclofen, which caused him to suffer an adverse reaction. (Compl., ¶13.) On April 22, 2019, the Court granted Plaintiff leave to file the First Amended Complaint, which added Defendants YM Drugs (“Defendant YM Drugs”) and Yvetta Mkroyan (“Defendant Mkroyan”) (collectively, “Moving Defendants”). Moving Defendants filed their Answer to the F...

Excerpt: ...Court granted Plaintiff's (1) Motion for Order Compelling Defendant Nico N. Tabibi's Further Responses to Request for Admission and Request for Sanctions; and (2) Motion for Order Compelling Defendant Nico N. Tabibi's Further Responses to Request for Production of Documents, Set One, and Request for Sanctions. (Minute Order, 01/28/21.) Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on Novembe...

Excerpt: ...e Insurance Company (“Petitioner”) and against Ace American Insurance Company (erroneously sued as Ace USA Group) (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on August 6, 2021. 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 a...

Excerpt: ...ber 3, 2021. Defendant filed the instant Motion to Vacate Judgment on September 27, 2021. Plaintiff filed an opposition on October 8, 2021. The Motion initially came for hearing on October 21, 2021, at which time the Court continued the matter to allow Defendant to file supplemental papers with supporting authorities and affidavits. (Minute Order, 10/21/21.) Defendant filed supplemental papers on January 7, 2022. Plaintiff filed a supplemental op...

Excerpt: ...aheme (“Defendant”) on October 16, 2019. On April 16, 2021, Plaintiff filed a Notice of Settlement of Entire Action. Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment on January 7, 2022. No opposition has been filed to date. Discussion The Motion to Enforce Settlement is brought under Code of Civil Procedure, section 664.6, which states in relevant part: If parties to pending litigation stipulate, in a writing signed...

Excerpt: ...plaint on February 28, 2022. No opposition has been filed to date. Discussion Plaintiff alleges that he is a visually impaired individual who attempted to use Defendant's website, www.milksnob.com (“the Website”), on July 22, 2021. (Compl. ¶¶3, 8-9.) Plaintiff alleges that the Website provides services, information, price lists, product descriptions, and other material to the public. (Id. at ¶6.) However, the “Website and subgroups of we...

Excerpt: ...ponsive pleading, default was entered on October 9, 2013 and default judgment was entered in Plaintiff's favor on April 3, 2014. Defendant filed the instant Motion to Vacate Default and Default Judgment on February 24, 2022. Plaintiff filed an opposition on March 8, 2022. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure sections 473, subdivisions (b) and (d), 473.5, Civil Code section 1788.61 and on equit...

Excerpt: ...RDANCE WITH THIS ORDER. THE COURT MAY, IN ITS DISCRETION, DECLINE TO CONSIDER ANY AUTHORITIES NOT INCLUDED IN THE TABLE(S) OF AUTHORITIES OR LODGED AS ORDERED. OPPOSITION: Plaintiff cannot demonstrate he suffered discrimination on the basis of disability. Plaintiff alleges the self-service tickets in the deli section of Defendants' store was too high and the pipes under the sinks in the men's bathroom were not wrapped. First, self-service items a...

Excerpt: ...ifornia (“Petitioner.”) (See Pet., Exh. 1.) On October 29, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on March 4, 2022 and ordered Petitioner to give notice. On February 28, 2022, the Court continued the hearing to March 17, 2022 and ordered Petitioner to give notice. As of March 14, 2022, Petitioner has not filed proof of service of such notice with th...

Excerpt: ...tioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on December 7, 2021 and ordered Petitioner to give notice. On November 2, 2021, the Court continued the hearing to March 17, 2022. On March 4, 2022, Petitioner filed an Application for Publication, based on multiple failed attempts to serve Respondent. (See Fieldsted Decl. ¶¶ 4-8.) On March 8, 2022, the court rejected Peti...

Excerpt: ...ult on January 09, 2020. Thereafter, the Court entered judgment against Defendant on February 10, 2020. Defendant filed the instant Motion to Vacate Default and Default Judgment on February 10, 2022. No opposition has been filed. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure § 473, subd. (b), § 473.5, and § 473, subd. (d). The Court will consider each basis in turn. Code of Civil Procedure § 473, s...

Excerpt: ...TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiff/Cross-Defendants' Objections to Evidence Plaintiff/Cross-Defendants object to all seven (7) exhibits submitted in support of the Motion to Reclassify, asserting the Exhibits were not authenticated, lack foundation, and are misleading and argumentative. This Court is unaware of any legal authority which requires a court to rule on evidentiary objections on a motion, except as to a motion for summary...

Excerpt: ...cy A. Buchanan and John Doe Buchanan (“Judgment Debtors”). Pursuant to the Application for Entry of Sister State Judgment filed on June 10, 2019, this Court entered judgment against Judgment Debtors in the amount of $5,264.61 on the same date. On April 23, 2021, Judgment Creditor filed the instant Motion for Award of Attorney's Fees and Costs (the “Motion”). On April 26, 2021, Judgment Creditor filed an Application for Publication of the ...

Excerpt: ...Less of California, Inc. (“Defendants”) on October 21, 2020. Defendants filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on December 23, 2021. Plaintiff filed an opposition on January 5, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that when he visited Defendants' store at 6901 Eastern Avenue, Bell Gardens, California (“...

Excerpt: ..., conversion and related claims against Defendant Mercedes Ganon (“Defendant”) on August 20, 2020. Defendant filed a Cross- Complaint for breach of contract against Plaintiff on November 16, 2020. Defendant filed the instant Motion to Quash Subpoena on December 14, 2021. Plaintiff filed an opposition on March 3, 2022 and Defendant replied on March 8, 2022. Discussion Defendant brings the Motion to Quash pursuant to Code of Civil Procedure sec...

Excerpt: ...any (“Defendant Randolph Construction”) and James Randolph (“Defendant Randolph”). Following Defendants' failure to appear, the Court entered their default on October 21, 2021 and default judgment on January 28, 2022. Defendants filed the instant Motions to Vacate Default and Default Judgment on February 15, 2022. Plaintiff filed oppositions on March 2, 2022. Discussion Defendants moves for relief from the default pursuant to Code of Civi...

Excerpt: ... Jorge Juarezgarcia aka Jorge Juarez Garcia (“Defendant Juarezgarcia”) on February 18, 2020. On April 16, 2021, Plaintiff filed Notice of Conditional Settlement or Entire Case and the Court set an Order to Show Cause Re Dismissal. The Order to Show Cause is currently set for March 15, 2022. On December 10, 2021, Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment. No opposition to the Motion has been filed to date. Dis...

Excerpt: ...ass to chattles; (6) damages pursuant to California Public Utilities Code Section 7951; and (7) negligence per se against Defendants Servitek Electric, Inc. (“Defendant Servitek Electric”) and City of Los Angeles (“the City”) on July 28, 2021. On November 19, 2021, Plaintiff added Servitek Solutions, Inc. (“Defendant Servitek Solutions”) by doe amendment. Defendant Servitek Electic filed the instant Motion for Sanctions Pursuant to Co...

Excerpt: ...ly 10, 2021, Plaintiff High Desert Medical Office, Inc. (“Plaintiff”) filed the Complaint in this action for breach of contract and related claims against Defendants Raymond Ghermezian, Esq. (“Defendant Ghermezian”) and Raymond Ghermezian, A Professional Law Corporation (“Defendant Ghermezian Corp.”). Plaintiff filed proofs of substitute service on November 2, 2020. On February 24, 2021, Defendants filed a Motion to Quash Service of t...

Excerpt: ...Plaintiff”) filed the instant action for automobile subrogation against Defendant Cristin Paige Petroski (erroneously named as “Cristin Paige Springett”) (“Defendant”). The Court granted Plaintiff's Application for Service by Publication on May 31, 2019 and proof of publication was filed on July 12, 2019. When Defendant failed to file a responsive pleading, Plaintiff obtained default on October 17, 2019 and default judgment on November ...

Excerpt: ...n January 28, 2019 and default judgment on May 13, 2019. Plaintiff filed a Memorandum of Costs After Judgment on October 14, 2021. Defendant filed the instant Motion to Vacate Default and Default Judgment on January 10, 2022. Plaintiff filed an opposition on February 24, 2022 and Defendant replied on March 3, 2022. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure section 473, subdivision (b) and on equita...

Excerpt: ...��) filed an Answer to the Complaint and Cross-Complaint against LVNV Funding, LLC (“Plaintiff / Cross-Defendant”) on June 15, 2021. On November 1, 2021, the Court granted Plaintiff / Cross-Defendant's Motion to Deem Requests for Admission Admitted against Defendant / Cross-Complainant. (Minute Order, 11/01/21.) Plaintiff / Cross-Defendant filed the instant Motion for Judgment on the Pleadings against Defendant / Cross- Complainant on Decembe...

Excerpt: ...ndant”) on March 11, 2021. On March 18, 2021, Defendant filed an Answer to the Complaint. Plaintiff filed the instant Motion for Leave to File First Amended Complaint on November 23, 2021. No opposition has been filed to date. Discussion Plaintiff moves for leave to file a First Amended Complaint in order to correct the date of the automobile accident that gives rise to this action for breach of insurance agreement and unjust enrichment. The Mo...

Excerpt: ...20. Plaintiff filed the instant Motion for Leave to Amend Complaint and Reclassify Action on August 10, 2021, then re-filed it on October 21, 2021. Defendant filed an opposition on February 22, 2022. Plaintiff alleges she was injured when attacked by Defendant's dogs and bitten on both hands. (Compl., ¶¶8, 13.) Plaintiff now moves for leave to amend the Complaint to reclassify this action as an unlimited civil case based on the possible judgmen...

Excerpt: ...Clinic. Thomas Martin Honka, D.C. dba Honka Chiropractic Pain Relief Clinic (“Cross-Complainant”) filed a Cross-Complaint against Heidari Law Group, APC (“Cross-Defendant”) on February 3, 2021. Cross- Defendant filed a Special Motion to Strike the Cross-Complaint on April 29, 2021. On September 2, 2021, the Court placed the Special Motion to Strike off calendar as improper in a court of limited jurisdiction. (Minute Order, 09/02/21.) Cros...

Excerpt: ...Act; and (2) violation of the Unfair Competition Law. The action was filed in the unlimited jurisdiction court. On May 28, 2021, Defendant filed the Demurrer to the Complaint. The arguments in the Demurrer included the propriety of filing the case in the unlimited jurisdiction court. On August 18, 2018, the unlimited jurisdiction court sustained the Demurrer to the second cause of action without leave to amend because there was no allegation that...

Excerpt: ... Dental”) (collectively, Defendants”) on April 5, 2021. Defendant Singh Dental filed an Answer to the Complaint on October 12, 2021. Plaintiff filed the instant Motion for Summary Judgment on February 8, 2022. Defendants filed an opposition on February 17, 2022. Discussion Plaintiff's Motion for Summary Judgment is not brought pursuant to any authority. Under the California Rules of Court, “[t]he memorandum must contain a statement of facts...