Excerpt: ...d 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 May 12, 2021. (Order for Settlement and Dismissal, filed 05/07/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on January 4, 2022. No opposition has been filed to date. Di...

Excerpt: ...EFAULT JUDGMENT WITHIN 20 DAYS OF THIS ORDER. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Creditors Adjustor Bureau, Inc. (“Plaintiff”) filed the instant action against Defendant Martin Hudnall (“Defendant”) on April 28, 2021. Defendant filed an Answer to the Complaint on June 28, 2021. On October 20, 2021, the Court granted Plaintiff's motion to compel Defendant's responses to special interrogatories and request for...

Excerpt: ...��Defendant”) on February 10, 2020. Defendant filed an Answer on March 26, 2020. On June 17, 2021, the Court granted Plaintiff's Motion for Order Establishing Truth of Requests for Admission. (Minute Order, 06/17/21.) Plaintiff filed the instant Motion for Summary Judgment on December 13, 2021. No opposition has been filed to date. Discussion Plaintiff moves for summary judgment on the Complaint pursuant to Code of Civil Procedure section 437c....

Excerpt: ...tober 25, 2019. Following Defendant's failure to respond, the Court entered default on December 2, 2021. Defendant filed the instant Motion to Vacate Default on December 27, 2021. No opposition has been filed to date. Discussion Defendant moves for relief from the default pursuant to Code of Civil Procedure section 473, subdivision (b and section 473.5. The Court will consider each basis in turn. Code of Civil Procedure section 473.5 Code of Civi...

Excerpt: ..., “Defendant The Executive”) 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 demurrer to the 37th affirmative defense without leave to amend. (Minute Order, 06/23/21.) Plaintiff filed the instant Motion for Summary Adjudication on December 13, 2021. On Fe...

Excerpt: ... on November 3, 2020. Plaintiff filed the instant Motion for Summary Judgment against Defendants on December 9, 2021. Defendants filed an opposition on February 9, 2022 and Plaintiff replied on February 17, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for mobility. (Compl., ¶1.) He further alleges that on January 11, 2020, he visited “Style 7” located at 1257 N. Lake Avenue, ...

Excerpt: ...ws Homeowners Association (“Plaintiff”) and against Defendants Henia M. Moskowitz and John Doe Moskowitz (“Defendants”). Plaintiff filed the instant Motion for Award of Attorney's Fees and Costs. (“the Motion”) on September 30, 2021. To date, no opposition has been filed. Discussion Request for Judicial Notice The motion is accompanied by a request for judicial notice of the (1) the Master Declaration of Covenants, Conditions and Rest...

Excerpt: ...rrer to the Complaint on December 30, 2021. Plaintiff filed an opposition on February 3, 2022. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Mazepa Decl., ¶¶2-5.) Defendant demurs to each cause of action for failure to allege sufficient facts under Code of Civil Procedure section 430.10, subdivision (e). To the extent the Demurrer raises matters outside ...

Excerpt: ... COMPLAINT WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiff Man Chul Cho (“Plaintiff”), in pro per, filed the instant action against Defendants Henry Bahk (“Defendant Bahk”), Law Offices of Henry H. Bahk, APLC (“Defendant LOHB”), Kyoung Sook Lee (“Defendant Lee”), and Moo Sung Lim (collectively, “Defendants”) on May 28, 2021. Plaintiff filed the First Amended Complaint on October 25, 2021. Defendants filed the instant D...

Excerpt: ...4, 2021, the Court denied Plaintiff's Motion for Summary Judgment. (Minute Order, February 4, 2021.) Defendant filed the instant Motion for Summary Judgment on October 21, 2021. Plaintiff filed an opposition on December 17, 2021 and Defendant replied on February 17, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities. (Compl., ¶1.) He further alleges that when he visited Defendant's store in Downey, Californ...

Excerpt: ...ollectively, “Defendants”) on April 28, 2017. The first cause of action for breach of contract was alleged against Defendant Xu, whose demurrer to the Complaint came for hearing on August 3, 2017. The Court sustained the demurrer without leave to amend. (Minute Order, 08/03/17.) On August 10, 2017, Plaintiff filed a First Amended Complaint that purported to name Defendant Xu in the second cause of action. On December 21, 2017, the court susta...

Excerpt: ...pleading, default judgment was entered on September 14, 2016. On March 16, 2018, Judgment Creditor filed the first Memorandum of Costs After Judgment. Judgment Creditor then filed an Acknowledgment of Partial Satisfaction of Judgment on May 18, 2018. The judgment was renewed on September 28, 2021. On the same date, Judgment Creditor filed a second Memorandum of Costs After Judgment. On October 6, 2021, Judgment Creditor filed a third Memorandum o...

Excerpt: ...fendant Brendan”), Lyle Howry (“Defendant Lyle”) and Skinfly Entertainment (“Defendant Skinfly”) on August 24, 2020. Following Defendants' failure to respond, the Court entered Defendant Brendan's default on January 26, 2021. Plaintiff's request for entry of default against Defendant Skinfly was twice rejected due to defects in the proof of service of the Summons and Complaint. (Notices of Rejection, 01/26/21 and 01/28/21.) Plaintiff wa...

Excerpt: ...HIS ORDER. ANALYSIS: On November 16, 2020, Plaintiff Maria Felix Flores Prospero (“Plaintiff”) filed this action against Defendant Southern California Edison (“Defendant”) for motor vehicle negligence. On December 2, 2020, Plaintiff filed the first instant Motion to Reclassify the Action to a Court of Unlimited Jurisdiction. The Court denied the first Motion to Reclassify on June 10, 2021 without prejudice. (Minute Order, 06/10/21.) Plain...

Excerpt: ...S: On December 8, 2020, Plaintiff David Sagastume (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendant Jay Ward (“Defendant”). On December 3, 2021, Plaintiff filed the instant Motion to Compel Further Responses to Request for Production of Documents and Request for Monetary Sanctions. Defendant filed an untimely opposition on February 10, 2022; the opposition was due by February 8, 2022. Plaintif...

Excerpt: ...”) filed the instant action for motor vehicle negligence against Defendants Earl Brown and Brownstone Partners, LLC dba LA Urban Transportation (“Defendants”). Defendant Brown filed an Answer on December 22, 2020; Defendant LA Urban Transportation filed an Answer on March 1, 2021. On November 23, 2021, Defendant filed the instant Motion for Leave to File Cross-Complaint. To date, no opposition has been filed. Discussion Code of Civil Proced...

Excerpt: ...ion against Defendant Essence Noelan Raychele Weir (“Defendant”) on January 10, 2017. On April 20, 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 May 3, 2021. (Order for Settlement and Dismissal, filed 04/20/21.) Plaintiff filed the instant Moti...

Excerpt: ... May 3, 2005 by Plaintiff L&J Assets, LLC (“Plaintiff') against Defendant Helen L. Alexander (“Defendant”). Default judgment was entered against Defendant on January 9, 2006. Notice of Assignment of Judgment from Plaintiff to Bag Fund, LLC (“Judgment Creditor”) was filed on September 21, 2009. On December 18, 2012, the Court granted Judgment Creditor's Application for an Order for Sale of Real Property with respect to 8943 Telfair Avenu...

Excerpt: ...CROSS-COMPLAINT IS TO BE FILED WITHIN 20 DAYS OF THIS ORDER. Cross-Defendant Giavanna Whited's Motion to Strike Portions of the First Amended Cross-Complaint of Joseph Bendix is DEEMED MOOT. 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 Bendix”) filed a Cross-Complaint against ...

Excerpt: ...st Defendant Irvin Raul Avelino (“Defendant”) on July 2, 2019. On March 11, 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 the same day. (Order for Settlement and Dismissal, filed 03/11/21.) Plaintiff filed the instant Motion to Vacate Dismissal...

Excerpt: ... Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Orlando Valle (“Defendant”) on March 8, 2018. On June 7, 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 pursuant to stipulation the following day. (Stip and Order for Court to Retain Ju...

Excerpt: ... 6, 2020. On February 3, 2021, the Court denied Plaintiff's Motion for Summary Adjudication. (Minute Order, 02/03/21.) Plaintiff filed a Notice of Acceptance of Rule 998 Offer to Compromise on July 22, 2021, and the case was dismissed on that date in accordance with the 998 offer. On November 18, 2021, Plaintiff filed the instant Motion for Attorney's Fees. Defendant filed an opposition on February 2, 2022 and Plaintiff replied on February 4, 202...

Excerpt: ...ts”), Min Ja Kim and Yoonjo Corporation. The Complaint alleges a single violation of section 51 of the Unruh Civil Rights Act. (Compl., ¶7.) Moving Defendants filed the instant Demurrer to the Complaint on January 3, 2022. Plaintiff filed an opposition on Janaury 6, 2022. Discussion Plaintiff alleges that he is a quadriplegic and confined to a wheelchair. (Compl. ¶1.) Plaintiff allegedly visited Defendants' cafe, located at t 623 East 12th St...

Excerpt: ...e instant action for common counts against Defendant K&T Auto Trading, LLC (“Defendant K&T Auto”) and Kiet M. Le aka Lekiet M. aka Kiet Mingh Le (“Defendant Le”) (collectively, “Defendants”) on June 30, 2021. On August 20, 2021, Defendant K&T Auto filed an Answer to the Complaint. The Court entered Defendant Le's default on November 2, 2021. Plaintiff filed the instant Motion to Strike the Answer on November 10, 2021. To date, no oppo...

Excerpt: ...laintiff's counsel's motion to be relieved as counsel. (Minute Order, 07/14/20.) Proof of service of notice of the order was filed the next day. Defendant filed a Motion to Compel Plaintiff's Attendance at Deposition and Request for Sanctions on October 14, 2020 (“the first Motion to Compel Deposition”). The first Motion to Compel Deposition was denied on March 16, 2021. (Minute Order, 03/16/21.) Following service of a second deposition notic...

Excerpt: ...ffs filed the instant Motion for Summary Judgment (“the Motion”) on September 27, 2021. Defendant filed an opposition on December 2, 2021, which was untimely served by mail on the same date. (See Code Civ. Proc., § 437c, subd. (b)(2); § 1013, subd. (a).) The opposition requested a continuance of the hearing date. On December 9, 2021, Plaintiffs filed a notice of non-opposition. The Motion initially came for hearing on December 16, 2021, at ...

Excerpt: ...laintiff”) filed the Complaint in this action against Defendants Joseph Bendix (“Defendant Bendix), Nancy Nelson (“Defendant Nelson”) and Essex Property Trust, Inc. (“Defendant Essex”) (collectively, “Defendants”). On May 10, 2021, the Court ruled on Defendant Essex's Demurrer to, and Motion to Strike Portions of, the First Amended Complaint. On June 2, 2021, the Court ruled on Defendants Bendix and Nelson's Demurrer to, and Motio...

Excerpt: ...NT, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ALL FUTURE HEARING DATES IN THIS DEPARTMENT ARE VACATED AND TO BE RESCHEDULED IN THE NEW DEPARTMENT. ANALYSIS: Plaintiff Ellis Law Corporation (“Plaintiff”) filed the instant action against Defenda...

Excerpt: ...tion (“Plaintiff”) in the action entitled The Village of Copper Basin Community Association v. James Christopher and Jane Doe Christopher in Case No. CV2012-0311. The default judgment was entered in the principal sum of $3,302.55, plus interest and reasonable attorney's fees and costs against Defendants James Christopher and Jane Doe Christopher (collectively, “Defendants”). On March 30, 2017, this Court entered judgment based on the sist...

Excerpt: ...(“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. On October 2...

Excerpt: ...st Defendants La Playita Auto Sales, Inc. and Mechanics Bank, successor by merger with California Republic Bank (“Defendants”). Plaintiffs filed the instant Motion to Compel Arbitration on August 10, 2021. Defendants filed a notice of non-opposition on February 4, 2022. Discussion Plaintiff brings the instant Motion seeking to compel Defendants to submit to arbitration based on a vehicle Retail Installment Sale Contract (the “RISC”). The ...

Excerpt: ...IS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On February 2, 2021, Plaintiff Christopher Gulley (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendants Guillermo Ramirez and Ines Ramirez (“Defendants”). On August 2, 2021, the Court granted Defendants' Motions to Compel Initi...

Excerpt: ...an Answer on February 26, 2020. On November 15, 2021, the parties stipulated to continue the trial date from January 19, 2022 to July 21, 2022. (Stip and Order to Continue Trial Date, 11/15/22.) However, the discovery and motion cut-off dates were not extended. (Ibid.) On January 18, 2022, Defendant filed the instant Motion for Leave to File Cross-Complaint. The Court notes that the Motion was not timely served. The Motion was served on January 1...

Excerpt: ...ENIED. ANALYSIS: Petitioners Robert Palma and Zaniffa Mustapha (“Petitioners”) filed the instant Petition for Release of Mechanic's Lien against Respondent Gleason Interiors (“Respondent”) on October 5, 2021. The Court set the Petition for hearing on February 8, 2022. Petitioner filed proof of personal service of the Petition, Civil Cover Sheet and Notice of Hearing on November 1, 2021. Legal Standard Civil Code section 8480 provides that...

Excerpt: ...ffective July 29, 2021. (Proof of Substitute Service, filed 07/28/21, ¶¶3-5.) Proposed Intervenor Loya Casualty Insurance Company (“Loya Casualty”) filed the instant Motion to Intervene on November 2, 2021. The Court entered Defendant's default on November 3, 2021. Plaintiff filed an opposition to the Motion on January 26, 2022 and Loya Casualty replied on January 27, 2022. Discussion The right to intervene is set forth at Code of Civil Pro...

Excerpt: ...air or unlawful business practices, negligent misrepresentation, and related claims against Defendants Austra Motors, Inc. (“Defendant Austra Motors”) and State National Insurance Company (“Defendant State National”). Plaintiff filed the first Motion to Compel Arbitration on August 10, 2021. On October 28, 2021, the Court ordered the first Motion to Compel Arbitration off calendar due to lack of service of either the Summons, Complaint or...

Excerpt: ...dant filed a Cross-Complaint on February 13, 2018. The trial date was originally set for June 28, 2019, but continued several times. Trial was held on September 25, 2019, at which time the trial court entered a net judgment on the Complaint and Cross-Complaint in Plaintiff's favor in the amount of $14,218.38. (Judgment, filed 9/25/19.) On October 24, 2019, Defendant filed an appeal of the judgment. On October 25, 2019, Plaintiff filed a Motion fo...

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

Excerpt: ...ant LB Taphouse”) and Brent Scheiber (“Scheiber”) on March 12, 2021. Following Defendant LB Taphouse and Scheiber's failure to respond, the Court entered their defaults on June 15, 2021. On October 19, 2021, Plaintiff voluntarily dismissed Scheiber. Thereafter, the Court entered judgment against Defendant LB Taphouse on November 10, 2021. On March 17, 2022, the Court granted Defendant LB Taphouse's Motion to Vacate Default and Default Judgm...