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Location: Los Angeles x
Judge: Windham, Mark E x
2023.10.26 Petition to Confirm Arbitration Award 201
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...E IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED. ANALYSIS: On January 19, 2021, an Arbitration Award was issued in favor of Interinsurance Exchange of the Automobile Club (“Petitioner”) and against Geico Casualty Insurance Company (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 22, 2023. No response has been filed to d...
2023.10.26 Motion for Summary Judgment 605
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...“Defendant”) on July 11, 2022. Defendant filed an answer in properia persona on September 26, 2022. On March 8, 2023, the Court granted Plaintiff's motion to deem requests for admissions, set one, admitted. (Minute Order, 03/08/23.) On August 10, 2023, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges a single cause of action for breach of bond application/indemnity...
2023.10.26 Demurrer to FAC 330
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.26
Excerpt: ...ndant”). The First Amended Complaint, also alleging a single cause of action for breach of lease agreement, was filed on October 6, 2022. On June 22, 2023, the Court denied Defendant's motion to quash service and ordered Defendant to file a responsive pleading within 20 days. (Minute Order, 06/22/23.) On July 19, 2023, Defendant filed the instant Demurrer to the First Amended Complaint. Plaintiff filed an opposition on October 3, 2023. Discussi...
2023.10.25 Motions to Compel Further Responses, for Sanctions 809
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.25
Excerpt: ..., WITHOUT OBJECTIONS, WITHIN 20 DAYS' SERVICE OF THIS ORDER. DEFENDANT NEW MANAGEMENT, LLC IS ALSO ORDERED TO PAY SANCTIONS OF $560.00 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On July 21, 2022, Plaintiff Totum Corporation (“Plaintiff”) filed this action for breach of contract and common counts against Defendant New Management, LLC (“Defendant”). Following entry of default against Defendant, the parties stipu...
2023.10.25 Demurrer 962
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.25
Excerpt: ...IVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS. ANALYSIS: Plaintiff Healthcare Ally Management of California, LLC (“Plaintiff”) brought this action against Defendant United Healthcare Services, Inc. (“Defendant”) on June 21, 2023. On September 20, 2023, Defendant f...
2023.10.24 Petition to Confirm Arbitration Award 387
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.24
Excerpt: ...aring on April 26, 2023, at which time it was continued to allow Petitioner to file proof of service of the Petition and the notice of hearing in accordance with the Code of Civil Procedure. (Minute Order, 04/26/23.) Petitioner filed proof of service and a notice of hearing on May 1, 2023. At the hearing on June 28, 2023, the Court again found that service was not proper. Specifically, that “[t]he proof of service and notice of hearing filed on...
2023.10.23 Motion to Quash Writ of Execution 684
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.23
Excerpt: ...ants on August 12, 2013 and renewed on September 12, 2022. On March 21, 2023, Plaintiff filed a writ of execution to enforce the judgment against Defendants Moreno, Rivera, and Arcos. Non-party Rony Estuardo Zarco (“Zarco”) served a claim of exemption on April 26, 2023 and an opposition was filed by Plaintiff on May 24, 2023. It is not clear that the claim of exemption was ever filed with the Court because it is not available through the Cour...
2023.10.19 Petition to Confirm Arbitration Award 110
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.19
Excerpt: ...ULT IN THE PETITION BEING DENIED. ANALYSIS: On August 18, 2022, an Arbitration Award was issued in favor of Petitioner Qiang Fang (“Petitioner”) and against Respondent Thomas T. Chen (“Respondent”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on June 15, 2023. No response has been filed to date. Legal Standard “Any party to an arbitration in which an award has been made may petition the court ...
2023.10.19 Demurrer, Motion to Strike 572
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.19
Excerpt: ... Law Firm (“Cross-Defendant”) filed the instant action for breach of contract, fraud, promissory estoppel, and conversion against Defendants Vera Roca, LLC (“Cross-Complainant Vera Roca”) and Pablo Vera (“Cross-Complainant Vera”) on August 23, 2022. Cross-Complainants filed a Cross-Complaint for breach of contract and fraud against Cross-Defendant on January 20, 2023. On February 3, 2023, Cross-Complainants filed a First Amended Cross...
2023.10.18 Motion to Vacate Default Judgment and Dismiss Defendant 296
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.18
Excerpt: ...��) and Antionette Shannon (“Defendant Shannon”). Following Defendants' failure to file responsive pleadings, the Court entered default judgment in Plaintiff's favor on July 16, 2013. On June 27, 2023, Plaintiff filed an Application for Renewal of Judgment with respect to Defendant Williams; the judgment was renewed on June 28, 2023. On August 1, 2023, Plaintiff filed the instant Motion to Reinstate Expired Judgment and Renew Judgment. No opp...
2023.10.17 Petition to Confirm Arbitration Award 380
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.17
Excerpt: ...LE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioners Richard Jackman and Harry Barth (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jeffrey Rosenberry, individually and on behalf of Antietam Holdings, LP (“Respondent Rosenberry”) and FINRA Regulation, Inc. (“Respondent FINRA”) on July 7, 2023. The Petition seeks to confirm the arbitration award issued on February 17, 2...
2023.10.17 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 927
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.17
Excerpt: ... Automobile Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Celia Janeth Garcia (“Defendant”). On July 19, 2022, 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, filed 07/19/22.) On September 13, 2023,...
2023.10.16 Motion to Vacate Arbitration Award 642
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.16
Excerpt: ... about December 14, 2018 that led to permanent spinal cord injuries. On February 24, 2021, Plaintiff named Taher Saifullah as Doe 1 and Reginald Ajakwe as Doe 2. The matter proceeded to arbitration between Plaintiff (on one side) and Dr. Saifullah and Dr. Ajakwe (“Defendants”) (on the other). The arbitration was based on a contract that included a provision that states: “Any party may bring before the arbitrators a motion for summary judgme...
2023.10.16 Motion to Quash Subpoenas 782
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.16
Excerpt: ...ourt GRANTS Boren's request for sanctions. Background This is a personal injury case arising out of an automobile collision that occurred on December 22, 2017, in Torrance, California. On December 12, 2019, Plaintiffs Rommi Lynn Boren (“Boren”), Cooper Soto (a minor), and Parker Soto (also a minor) (collectively, “Plaintiffs”) filed a complaint asserting causes of action for motor vehicle negligence and negligence against Defendants Laura...
2023.10.12 Motion to Vacate Default, Judgment, to Quash Service of Summons of Complaint 326
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...G EXHIBITS DEMONSTRATING HIS HOME ADDRESS, USUAL PLACE OF ABODE, USUAL PLACE OF BUSINESS, AND USUAL MAILING ADDRESS AT THE TIME OF THE PURPORTED SUBSTITUTE SERVICE IN THIS ACTION. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED. 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 S...
2023.10.12 Demurrer, Motion to Strike 287
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...aintiff”) brought this action for quantum meruit and breach of contract against Defendant Blue Cross of California dba Anthem Blue Cross (“Defendant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended ...
2023.10.12 Demurrer 289
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.12
Excerpt: ...ant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.11 Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation 301
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ance Company (“Plaintiff”) filed this subrogation action against Defendant Jessica Summer Doolan (“Defendant”). On July 28, 2021, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 07/28/21.) On December 21, 2021, Plaintiff filed...
2023.10.11 Motion for Attorney Fees 031
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ct (“the RFDCPA”), Cal. Civ. Code § 1788, et seq. and the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. against LVNV Funding, LLC (“Defendant LVNV”), The Law Offices of Harris and Zide, LLP, and Capital One, N.A (“Defendant Capital One”), on January 3, 2023. The Complaint mentions that Defendants' conduct also violated the federal Fair Debt Collection Practices Act (“the FDCPA”) but does not bring a ...
2023.10.11 Demurrer 609
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ant”) on December 27, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.11 Demurrer 286
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.11
Excerpt: ...ant”) on December 14, 2022. Plaintiff filed the First Amended Complaint on February 14, 2023, adding six more causes of action. On May 22, 2023, the Court sustained Defendant's Demurrer to the First Amended Complaint with leave to amend. (Minute Order, 05/22/23.) Plaintiff filed the Second Amended Complaint on June 8, 2023. Defendant filed the instant Demurrer to the Second Amended Complaint on August 9, 2023. Plaintiff filed an opposition on A...
2023.10.10 Motion to Tax Costs 597
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.10
Excerpt: ...2001 FBO Vicki Rider (“Defendant Rider”) and Terry Holden As Trustee Of The Marlem F. Mason And Helen A. Mason Revocable Trust Dated June 26, 2001 FBO Terry Holden (“Defendant Holden”) (collectively, “Defendants”). The case came for trial on June 5, 2023, at which time the trial court entered judgment in Plaintiff's favor in the amount of $4,000.00. (Minute Order, 06/05/23.) Plaintiff filed a memorandum of costs on June 12, 2023 and a...
2023.10.10 Motion to Enforce Settlement and Enter Judgment 089
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.10
Excerpt: ...ssbaum, APC (“Plaintiff”) filed the instant action against Defendant Mary E. Bennett (“Defendant”). On the trial date of May 3, 2023, both parties appeared and represented that the case had been settled. (Minute Order, 05/03/23.) The terms were read into the record as follows: “Defendant has 30 days to pay $5,753.89 if not they will have to pay the full amount; each party shall pay its own costs and fees; and once the payment is complet...
2023.10.09 Demurrer, Motion to Strike 091
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.09
Excerpt: ...d 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. On June 29, 2023, the Court sustained Cross-Defendant's demurrer to the Cross-Complaint with leave to amend. (Minute Ord...
2023.10.05 Motion to Vacate Default, Judgment, to Quash Service 404
Location: Los Angeles
Judge: Windham, Mark E
Hearing Date: 2023.10.05
Excerpt: ...EET COURTHOUSE. ANALYSIS: On February 13, 2020, Plaintiff Prime Point Contracting, Inc. (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Araksya Dulbenchyan (“Defendant”). Plaintiff filed proof of personal service of the Summons and Complaint on February 15, 2022. When Defendant failed to file a responsive pleading, Plaintiff obtained their default on June 6, 2022. The Court set an Order to Show Cause...

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