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Judge: Windham, Mark E x
2023.12.19 Demurrer, Motion to Strike 431
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.19
Excerpt: ...rike Portions of the First Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND. ANALYSIS: On December 19, 2022, Plaintiffs Erica Henderson (“Plaintiff Erica”) and Jeffrey Henderson (“Plaintiff Jeffrey”) (collectively “Plaintiffs”), in propria persona, filed an action against Defendants Rockvale Apartments LP (“Defendant Rockvale LP”), Rockvale Apartments GP, LLC (“Defendant Rockvale GP”), Rockvale Apartments Limited, LLC (“D...
2023.12.19 Petition to Authorize Pre-Lawsuit Discovery 960
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.19
Excerpt: ...overy against Respondent Edson Omar Pacheco (“Respondent”) on August 15, 2023. The Petition seeks an order authorizing the independent medical examination of Respondent and the subpoena of relevant records. (Pet., ¶1.) The Petition was set to be heard on December 19, 2023, with a court order to Petitioners to give notice to all parties and file proof of service thereof. (Notice of Hearing, 08/15/23.) To date, no proof of service of the notic...
2023.12.18 Motion for Judgment on the Pleadings 924
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.18
Excerpt: ...26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Samara A. Weiner (“Plaintiff”) filed the instant action for recovery of COVID-19 rental debt against Defendants Century Property Management & Investment, Inc. and Deion Gerhard (“Defendants”) on July 27, 2022. Defendants filed an answer and cross-complaint against Plaintiff, Art Koomer, and Michael Koomer on November 23, 2022. Arthur Koomer and Michael also filed cross-complaints aga...
2023.12.14 Motion to Vacate Default, Judgment, to Quash Service of Summons and Complaint 326
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.14
Excerpt: ...ERVICE FILED ON SEPTEMBER 15, 2021 IS HEREBY QUASHED. ORDER TO SHOW CAUSE REGARDING FILING OF PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT IS SET FOR MARCH 14, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On August 30, 2021, Plaintiff Lauren Michelle Chase (“Plaintiff”) filed the instant action against Defendant Bryan Kennedy Seals (“Defendant”). Plaintiff filed proof of substitute service of the Summons an...
2023.12.14 Motion to Amend Judgment 601
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.14
Excerpt: ...ifornia (“Judgment Debtor Navpeak”) and Sebastian Schildhorn (“Judgment Debtor Schildhorn”). Default judgment was entered against Judgment Debtors on February 27, 2023. On July 26, 2023, Judgment Creditor filed the instant Motion to Amend Judgment. The Motion came for hearing on October 19, 2023 at which time Judgment Creditor appeared and requested a continuance. (Minute Order, 10/19/23.) The hearing was continued to November 8, 2023 and...
2023.12.13 Motion to Vacate Dismissal and Enforce Settlement 989
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...ange 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 been settled. (Minute Order, 09/19/22.) The Court set an order to show cause regarding dismissal for Janu...
2023.12.13 Motion to Enforce Settlement 089
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...2020, Plaintiff Mercury Insurance Company (“Plaintiff”) filed this subrogation action against Defendants Danny Alcantar and Patricia Alcantar (“Defendants”). On November 23, 2020, 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. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, file...
2023.12.13 Motion for Judgment on the Pleadings 204
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...tomobile Insurance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Crystal Re'Chelle Smith (“Defendant”). On September 7, 2023, the Court granted Plaintiff's motion to deem requests for admission admitted and request for monetary sanctions. (Minute Order, 09/07/23.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on October 4, 2023. No opposition has been filed to dat...
2023.12.13 Demurrer, Motion to Reclassify 343
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.13
Excerpt: ...22, Plaintiffs Marcus Cazares and Victoria Murdock (“Plaintiffs”) filed this action against Defendant Central Storage, Inc. (“Defendant”). Plaintiffs filed a First Amended Complaint on June 27, 2023. At the case management conference on June 29, 2023, the Court set motions to strike or grant judgment on the pleadings on its own motion “because the case fails to state a cause of action as a matter of law with the exception of a possible ...
2023.12.12 Motion to Enter Judgment Pursuant to Stipulation 272
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.12
Excerpt: ...ndant Raelin Saree Walker (“Defendant”) on January 11, 2021. Defendant filed an answer on February 25, 2021. On August 29, 2022, Plaintiff filed a Stipulation and Order for Entry of Judgment. The Court signed the order and dismissed the action with a retention of jurisdiction under Code of Civil Procedure section 664.6 on the same date. (Stip and Order, filed 08/29/22.) Plaintiff filed the instant motion to enforce settlement and enter judgme...
2023.12.12 Motion for Stay and Corrective Action 855
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.12
Excerpt: ...L BE REPORTED TO THE STATE BAR OF CALIFORNIA. ANALYSIS: On September 24, 2001, Plaintiff Thomas Beck, Esq. (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendants Warren Summer and Karin Winkler (“Defendants”). Judgment was entered on January 8, 2003. Acknowledgment of Satisfaction of Judgment (Partial) was filed on January 5, 2006. Other documents, including Applications and Orders for Appearance and Ex...
2023.12.11 Motion to Vacate Default, Judgment, Quash Service of Summons, Dismiss Case 117
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.11
Excerpt: ...intiff filed proof of substitute service of the Summons and Complaint on December 19, 2018. When Defendant failed to file a responsive pleading, Plaintiff obtained their default on January 7, 2019 and default judgment on March 7, 2019. On August 1, 2023, Defendant appeared at a hearing on a claim of exemption and filed the claim of exemption on August 31, 2023, which the Court granted in part. (Minute Order, 08/31/23.) Defendant filed a motion to...
2023.12.07 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...nsurance Exchange of the Automobile Club (“Cross-Defendant”) filed the instant action for breach of contract and unjust enrichment against Defendants Dolores Vannata, Sarah Toutounchian, and Rochelle Toutounchian (“Cross-Complainants”) on June 30, 2023. Cross-Complainants filed a Cross- Complaint for breach of contract, insurance bad faith, and declaratory relief against Cross-Defendant on August 31, 2023. Cross-Defendant filed the instan...
2023.12.07 Motion to Enter Judgment Pursuant to Stipulation 799
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...or automobile subrogation against Defendant Armando Sosa Bustamante (“Defendant”) on June 6, 2018. Defendant filed an answer to the Complaint on February 21, 2019. On November 22, 2019, Plaintiff filed a Conditional Notice of Settlement. A second lawsuit between the parties was filed on November 30, 2018 in LASC Case No. 18STLC14502 but the parties' stipulation to consolidate the cases was denied on February 11, 2020. (Stipulation to Consolid...
2023.12.07 Motion to Collect Only Attorney Fees 139
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
Excerpt: ...dis (“Judgment Debtor”). The judgment was renewed on June 3, 2020. On December 10, 2021, a writ of execution was issued with respect to the judgment. On October 6, 2022, the Court granted Judgment Debtor's Motion to Recall and Quash Writ of Execution and Vacate Notice of Levy on the grounds that Judgment Creditor had passed away before the writ of execution was issued. (Minute Order, 10/06/22.) On September 28, 2023, Judgment Creditor's attor...
2023.12.07 Motion to Compel Responses to Post-Judgment Request for Production 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.07
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 Appearan...
2023.12.06 Petition to Confirm Arbitration Award 874
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.06
Excerpt: ...ED. COSTS AND ATTORNEY'S FEES MAY BE SOUGHT PURSUANT TO CAL. RULES OF COURT RULES 3.1700 AND 3.1702. PETITIONER KEITH SIMPSON IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER, WHICH MAY INCLUDE THE PROPOSED INTEREST CALCULATION. ANALYSIS: On May 30, 2023, Petitioner Keith Simpson (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Sharron Valk (“Respondent”). The Petition was set for hearin...
2023.12.06 Petition to Confirm Arbitration Award 765
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.06
Excerpt: ...NALYSIS: Petitioner Maureen McAulay (“Petitioner”), in pro se, filed the instant Petition to Confirm Arbitration Award against Respondent Paul Mynor Parades dba Selah Roofing Corporation (“Respondent”) on August 2, 2023. Proof of personal service was filed on September 26, 2023. 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 n...
2023.12.06 Demurrer 879
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.06
Excerpt: ...6, 2023, Plaintiff Rusnak/Pasadena (“Plaintiff”) filed this action for breach of contract and fraud against Defendant Xiaoxia Liu (“Defendant”). On October 18, 2023, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on November 21, 2023. Discussion The Complaint alleges that the parties entered into a motor vehicle purchase agreement that included an export policy and agreement. (Compl., ¶¶7-8.) The ex...
2023.12.05 Motion to Vacate Default, Judgment 404
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.05
Excerpt: ...ce against Defendant Araksya Dulbenchyan (“Defendant”). On the same date, Plaintiff filed a notice of related case with respect to small claims case LASC No. 19VESC06412 (“the Small Claims case”). (Notice of Related Case, filed 02/13/20.) The Small Claims case was transferred to Department 26 in the Spring Street Courthouse on February 14, 2020. (LASC No. 19VESC06412, Application and Order for Transfer, 02/14/20.) Plaintiff filed proof of...
2023.12.05 Motion for Private Place Order 588
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.05
Excerpt: ...ENIED FOR SERVICE OF A SUBPOENAS DUCES TECUM UPON GUITTY HAKIM AND SYLVIA HAKIM. THE MOTION PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 699.030 IS GRANTED FOR LEVY OF THE RED MODEL 3 TESLA LOCATED AT 1045 CAROLYN WAY, BEVERLY HILLS, CALIFORNIA OR 1006 ELDEN WAY, BEVERLY HILLS, CALIFORNIA, AND DENIED FOR LEVY OF THE 2022 LAND ROVER. ANALYSIS: Judgment Creditor Andrew Krain (“Judgment Creditor”), in pro per, filed the instant action for fraud a...
2023.12.05 Demurrer 367
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.05
Excerpt: ...nt with leave to amend. (Minute Order, 08/02/23.) Plaintiff filed the First Amended Complaint on August 10, 2023. Defendant filed the instant Demurrer to the First Amended Complaint on October 2, 2023. Plaintiff filed an opposition on October 20, 2023 and Defendant replied on October 27, 2023. The Demurrer was initially set for hearing on November 9, 2023 but was continued with notice waived to December 5, 2023. (Minute Order, 11/09/23.) Discussi...
2023.12.04 Motion for Terminating, Evidentiary, Issue, or Monetary Sanctions 233
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.04
Excerpt: ...D SEVERALLY AGAINST DEFENDANT LIAM HAMBEL AND COUNSEL OF RECORD, TO BE PAID WITHIN 20 DAYS. 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 a Motion to Compel Further Responses to Request for Product...
2023.12.04 Motion for Terminating, Evidentiary, Issue, or Monetary Sanctions 069
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.12.04
Excerpt: ... filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The First Amended Complaint was filed on October 22, 2019. Defenda...
2023.11.30 Petition to Confirm Arbitration Award 676
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.11.30
Excerpt: ...etition to Confirm Arbitration Award against Respondent John McGuire (“Respondent”) on July 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 shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” ...

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