Excerpt: ...l Procedure section 789.3 and sought monetary and injunctive relief. The operative complaint is the Second Amended Complaint filed on December 18, 2019. On January 12, 2022, the Court granted Defendants Motion for Judgment on the Pleadings as to the first, second, third and fifth causes of action of the Second Amended Complaint without leave to amend. (Minute Order, 01/12/22.) The only remaining cause of action is for breach of contract re: nonpa...

Excerpt: ...URTHOUSE. ANALYSIS: On November 1 , 2022, Plaintiff Clara Vastagh ("Plaintiff) filed this action for (1) violation of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code S 1788, et seq_; (2) violation of the Unfair Competition Law, Cal. Bus. & Prof. Code S 17200: et seq.; and (3) violation of Cal. CIV. Code 5 1747.50, etseq_ against Defendants T-Mobile, USA Inc. ("Defendant T-Mobile") and Convergent Outcomes, Inc. ("Defendant COI")_ ...

Excerpt: ...ing, LLC, The Law Offices of Harris and Zide, LLP ("Defendant Harris and Zide") and Capital One, N.A on January 3, 2023. Defendant Harris and Zide filed its Answer on Februaty 17, 2023. On March 6, 2023, Plaintiff filed the instant Demurrer to the Answer. No opposition has been filed to Discussion First, Plaintiffs meet and confer effort is not sumcient Plaintiffs counsel sent a letter to counsel for Defendant Harris and Zide that merely reiterat...

Excerpt: .... Defendant filed a Demurrer to the Complaint and Motion to Strike Complaint on October 25, 2022. The Court overruled the Demurrer to the Complaint but granted the Motion to Strike the request for punitive damages with leave to amend. (Minute Order, 11/30/22.) Plaintiff filed the First Amended Complaint on December 1, 2022. Defendant filed the instant Motion to Strike Portions ofthe First Amended Complaint on December 13, 2022, with a supplementa...

Excerpt: ..., 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 Expungmg Notice of Pendency of Action, 05/10/16.) On October 18, 2016, the Court issued a ruling on Defendants' demurrer to the First Amended Complaint, which Plaintiffs appealed. (Minute Order, 10/18/16.) The appeal was...

Excerpt: ... for "wrongful use of civil proceedings" against Defendant Irene Zendano, individually and as trustee of the Irene Valerie Zendano Family Revocable Livmg Trust U.T.D. May 9, 2015 ("Defendant"). Following Defendants failure to file a responsive pleading, Plaintiff obtained entw of default on August 13, 2021. On Febraury 3, 2022, the Court granted Defendants motion to vacate the entry of default and set an Order to Show Cause Re Proof of Service of...

Excerpt: ...violations of the California Investigative Consumer Reporting Agencies Act agamst 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 Strickers motion to compel Defendants 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 th...

Excerpt: ...n, Inc., Katie Stahl and Moet Fawaz aka Mohammed Moet Fawaz ("Defendant Fawaz"). On October 28, 2021, the Court granted Defendant Fawaz's Motion to Quash Service. (Minute Order, 10/28/21.) On Februaty 1, 2022, Plaintiff filed Proof of Substituted Service and a Request for Entry of Default against Defendant Fawaz. Default was entered against Defendant Fawaz on the same date. On March 25, 2022, the parties stipulated to vacate the default and to al...

Excerpt: ...fendant Shao") and Meng'a Ren ("Defendant Ren"). The Complaint alleged causes of action for (1) fraud; (2) conspiracy to defraud; (3) breach of fiduciary duty, and (4) conversion. On December 22, 2022, the Court sustained Defendants' Demurrer to the Complaint as the first and third causes of action with leave to amend, and overruled the demurrer as to the second and fourth causes of action. (Minute Order, 12/22/22.) Plamtiffs filed the First Amen...

Excerpt: ...t Andrew Salas ("Defendant Salas") and Matthew Teutimez ("Defendant Teutimez") on September 30, 2021. Default was entered agamst Defendant Salas on December 20, 2021. Defendant Teutimez filed an Answer on December 27, 2021. On December 5, 2022, the Court granted Plaintiffs Motion to Deem Requests for Admission, Set One, Admitted against Defendant Teutimez. (Minute Order, 12/05/22.) Plaintiff filed the instant Motion for Summary Judgment, or in th...

Excerpt: ... action for automobile subrogation against Defendants Alejandro Casillas, Jr. ("Defendant Casillas"), Janelle Zenteno ("Defendant Janelle") and Jonathan Fabian Zenteno ("Defendant Jonathan") on August 2, 2021. Defendants filed an Answer on September 20, 2021. Plamtiff filed Motions to Deem Requests for Admission Admitted and Request for Sanctions on May 18, 2022. On September 28 and 29, 2022, the Court granted the Motions to Deem Requests for Adm...

Excerpt: ...na Wachel (collectively, "Plaintiffs") against defendants Ty Labbe ("Labbe") and Liza Gonzalez (collectively, "Defendants"). The operative Second Amended Complaint ("SAC") was filed on August 25, 2022, and asserts causes of action for malicious prosecution, abuse of process, negligence, intentional infliction of emotional distress, trespass to chattels, and defamation. The action arises from an incident on January 8, 2021 involving Plaintiffs' un...

Excerpt: ...ment on Sister State Judgment based on a judgment from the Western District of North Carolina. (App., filed 10/14/22, ¶3b.) The Court entered judgment the same day against Judgment Debtor Frederick Irvin (“Judgment Debtor”). The Notice of Entry of Judgment was personally served on Judgment Debtor on November 6, 2022. (Proof of Service, filed 11/06/22.) On December 1, 2022, Judgment Debtor filed the instant Motion to Vacate Sister State Judgm...

Excerpt: ...illiamsen (“Respondent”) on April 28, 2022. Petitioner moved pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's Mobile Home Park, Lonehill Manor (“the Park”). Respondent filed an Answer and Request for ADA Accommodation in response to the Petition. Following multiple continuances of the hearing date, the Petition was heard and granted on June 28, 2022. On October...

Excerpt: ...nstant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 against Alejandra Sierra Salazar (“Respondent”) on July 1, 2022. Petitioner moved pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner's mobile home park, ABC Wishing Well (“the Park”). On October 25, 2022, the Court granted the Petition and found Petitioner was entitled to an award of att...

Excerpt: ... for (1) Breach of California Civil Code § 1950.5 (Security For Rental Agreement For Residential Property); and (2) Breach of Covenant of Quiet Enjoyment against Defendant Carla Kemp (“Defendant”) on November 17, 2022. Defendant filed the instant Demurrer to the Complaint on February 15, 2023. No opposition has been filed to date. Discussion The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure s...

Excerpt: ...tiago Cruz (“Defendant”) and Raul Santiago on March 10, 2020. On May 16, 2022, 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 the same date. (Order Granting Settlement and Dismissal, 05/16/21.) Plaintiff filed the instant Motion to Vacate Dismissal...

Excerpt: ...ENT WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Ameritas Investment Corporation (“Respondent”) on May 17, 2022. The Petition seeks to confirm the arbitration award issued on December 15, 2021 in favor of Petitioner, requiring expungement of all references to certain customer dispute information maintained by the Financial ...

Excerpt: ... Remedies Act, Civil Code § 1750 et seq; (2) Violation of California Business and Professions Code § 17200, et seq., Unlawful Acts or Practices; (3) Violation of Civil Code §1632; (4) Claim Against Surety; and (5) Violation of Code of Civil Procedure §§1281.97 and 1281.99, against HN Elite Motors dba Luxe Motors (“Defendant Luxe Motors”) and Western Surety Company (“Defendant Western Surety”). Defendant Western Surety filed the insta...

Excerpt: ...ng unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Id., § 1030(b).) The motion must be accompanied by an affidavit stating the nature and amount of costs and attorney's fees the defendant has incurred and expects to incur. (Id.) If the motion is granted and the plaintiff fails to file the undertaking within the time allowed, the plaintiff's action or special proc...

Excerpt: ...MENT. ANALYSIS: Petitioner Writers Guild of America, West, Inc. (“Petitioner”) petitions the court to confirm the arbitration award in its favor and against Respondents Divorce Party Productions, LLC (“Respondent Divorce Party”) and Ryan Johnson (“Respondent Johnson”) (collectively, “Respondents”). This action arises out the parties' dispute over minimum and residual compensation owed to Petitioner's members with respect to releas...

Excerpt: ... against Respondents Katrin Hohanessian (“Respondent Hohanessian”), Serjik Tahmassian (“Respondent Tahmassian”), Vanik Keshishan (“Respondent Keshishan”), and Hilda Arakelian (“Respondent Arakelian”). The action was brought to open a superior court action with jurisdiction over the discovery matters in the uninsured motorist arbitration proceeding initiated by Respondents. On October 11, 2022, the Court granted Petitioner's (1) Mo...

Excerpt: ...f Thomas Beck, Esq. (“Judgment Creditor”) filed the instant action for breach of retainer agreement against Defendants Warren Summer and Karin Winkler (“Judgment Debtors”). Judgment was entered on January 8, 2003 in favor of Judgment Creditor. (Judgment Summary, 01/08/03.) Acknowledgment of Satisfaction of Judgment (Partial) was filed on January 5, 2006. Other documents, including Applications and Orders for Appearance and Examination wer...

Excerpt: ...ed jurisdiction courtroom. Plaintiff filed a proof of substitute service of the Summons and Complaint on April 18, 2022. Defendant's first motion to quash service of the Summons and Complaint (“the First Motion to Quash”) was granted by the unlimited jurisdiction court on July 7, 2022. (Minute Order, 07/07/22.) Specifically, the court ruled that service of the Smmons and Complaint at a post office box was appropriate but that Plaintiff did no...

Excerpt: ...on February 9, 2021. Defendants Paul Ling and Edythe Ling were added to the Complaint by Doe amendment on May 26, 2021. Defendants Paul Ling and Edythe Ling (“Defendants / Cross-Complainants”) filed a Cross-Complaint for indemnity, contribution, and related claims against Plaintiff and Defendant Butler on September 15, 2021. Defendants / Cross-Complainants filed the instant Motion for Determination of Good Faith Settlement on January 31, 2023...

Excerpt: ...aint filed by Crestwood Hills Association to MARCH 21, 2023 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Plaintiff may file a supplemental opposition and Defendant may file a reply in compliance with the deadlines set forth in Code of Civil Procedure § 1005. The Court, on its own motion, CONTINUES the hearing on the Motion to Reclassify filed by Crestwood Hills Association to MARCH 21, 2023 at 10:00 A.M in Department 25 at the...

Excerpt: ...d bad faith denial of insurance claim against Defendant United Financial Casualty Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. Defendant filed the first Motion for Summary Judgment, or in the alternative, Summary Adjudication, on September 26, 2022. The Motion was refiled on October 14, 2022. Plaintiff filed an untimely opposition on January 19, 2023. The oppositi...

Excerpt: ...G PAPERS IN ACCORDANCE WITH CODE OF CIVIL PROCEDURE SECTIONS 1005 AND 1013. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED. ANALYSIS: On June 11, 1998, Plaintiff American Credit Agencies, Inc. dba American Agencies of Los Angeles (“Plaintiff”) filed this action against Defendant Cathy C. Reis (“Defendant”). Following no response to the action, default judgment was entered against Defendant on August 28, 1998. The judgment was rene...

Excerpt: ...aphouse”) 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 Judgment. (Mi...

Excerpt: ...Ortega (“Defendant”) on January 5, 2021. 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 the same day. (Stip and Order for Dismissal, 05/18/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Ju...

Excerpt: ...fault judgment on June 16, 2022. On August 31, 2022, the Court granted Defendant's Motion to Vacate Default and Default Judgment and ordered Defendant to file and serve its Answer within 20 days. (Minute Order, 08/31/22.) Defendant filed its Answer on September 8, 2022 and First Amended Answer on September 21, 2022. Plaintiff filed the first Motion for Summary Judgment on September 26, 2022, which the Court denied on October 20, 2022 for lack of ...

Excerpt: ... 2019 UNTIL THE DATE OF ENTRY OF JUDGMENT. ANALYSIS: On October 1, 2020, Plaintiff CMG Mortgage, Inc. dba CMG Financial (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Cristina McDonald (“Defendant”). The Court granted Plaintiff's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions on March 21, 2022. (Minute Order, 03/21/22.) The case came for trial on April 1...

Excerpt: ... Swift (“Defendant”), Leticia Dukes-Thomas and Jarman Emil Thomas on December 27, 2018. On February 9, 2022, Plaintiff filed a Notice of Settlement of Entire Action. On June 10, 2022, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on June 13, 2022....

Excerpt: ... bad faith denial of insurance claim against Defendant United Financial Casualty Company (“Defendant”) on February 16, 2022. The operative pleading is the Second Amended Complaint, filed on August 9, 2022. Defendant filed the first Motion for Summary Judgment, or in the alternative, Summary Adjudication, on September 26, 2022. The Motion was refiled on October 14, 2022. Plaintiff filed an untimely opposition on January 19, 2023. The oppositio...

Excerpt: ...f 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 of Pendency of Action, 05/10/16.) On October 18, 2016, the Court issued a ruling on Defendants' demurrer to the First Amended Complaint, which Plaintiffs appealed. (Minute Order, 10/18/16.) The appeal was dismi...

Excerpt: ... Plaintiff Joy Hider, by and through their guardian ad litem, Marvo Hider (“minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Megan Jill Seagren (“Defendant”) on November 8, 2021. On August 1, 2022, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories and Requests for Production, and Requests for Sanctions against Plaintiff. (Minute Order, 08/01/22.) Defendan...

Excerpt: ...ch judgment was entered in Plaintiff's favor in the amount of $16,751.00 principal and $6,700.00 interest. (Minute Order, 09/27/22.) Plaintiff filed the instant Motion for Attorney's Fees on October 3, 2022. To date, no opposition has been filed. Discussion A prevailing party in entitled to recover costs, including attorneys' fees when authorized by contract. (Code Civ. Proc., § 1032, subd. (a)(4); § 1033.5, subd. (a)(10)(A).) Similarly, Code o...

Excerpt: ...IED. ANALYSIS: On August 10, 2021, Plaintiff Maria Elena Mancia (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Aida Abnoosian (“Defendant”). Defendant filed an Answer on January 18, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on September 20, 2022. No opposition has been filed to date. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file...

Excerpt: ... against Defendants Om Foods Hollywood, Inc. (“Defendant Om Foods”) and Dipen Faldu (“Defendant Faldu”). The Complaint alleges a single cause of action for violation of section 51 of the Unruh Civil Rights Act (“the UCRA”). On November 29, 2022, the Court sustained Defendants' Demurrers to the Complaint with leave to amend. Plaintiff filed a First Amended Complaint on December 1, 2022. Defendants filed Demurrer to the First Amended Co...

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

Excerpt: ...ed the instant action for motor vehicle negligence against Defendant Vanessa Moreno (“Defendant”). On August 22, 2022, Plaintiff filed a Notice of Related Case with respect to Moreno v. Palmer, LASC Case No. 22STSC01555 (“the Small Claims action”). The Small Claims action was filed by Defendant against Plaintiff on April 22, 2022 and assigned to Department 1A. (LASC Case No., 22STSC01555, Plaintiff's Claim, 04/22/22.) On June 21, 2022, th...

Excerpt: ...023. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DISMISSED. ANALYSIS: Petitioner Toni Lynn Iannarelli (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent Ameritas Investment Corporation (“Respondent”) on May 17, 2022. The Petition seeks to confirm the arbitration award issued on December 15, 2021 in favor of Petitioner, requiring expungement of all references to certain customer dispute informat...

Excerpt: ...e J. Andalon dba J. Andalon Trucking (“Defendant”) on April 15, 2019. On August 26, 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 day. (Order - Dismissal, 08/26/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforc...

Excerpt: ...z (“Defendant”). Defendant filed an Answer on May 5, 2022. Defendant filed the instant Motion for Leave to File Cross-Complaint on December 9, 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...

Excerpt: ...ant”). On August 5, 2019, Plaintiff filed the operative Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plainti...

Excerpt: ...e 6, 2022, the Court granted Defendant's Motion for Leave to File a Cross-Complaint. (Minute Order, 06/06/22.) The Cross-Complaint, filed on July 12, 2022, alleged claims for equitable indemnification, misrepresentation and conversion against Cross-Defendant Valerie Wilburn (“Cross-Defendant”). Defendant filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on October 26, 2022. No opposition has been filed...

Excerpt: ...Office of William H. Newkirk on August 1, 2022. Defendant filed a Demurrer to the Complaint on September 26, 2022. Prior to the hearing on the first Demurrer, Plaintiff filed the First Amended Complaint on October 13, 2022. Defendant filed the instant Demurrer to the First Amended Complaint on November 14, 2022. Plaintiff filed an opposition on December 21, 2022, and Defendant replied on December 30, 2022. Discussion The Demurrer is not accompani...

Excerpt: ...issued in favor of Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) and against John Bernard and Josh Shacher (“Respondents”). Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) on September 1, 2022. Proof of service of the Petition was filed on September 16, 2022. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the ...

Excerpt: ...mplaint on September 15, 2021, dropping Emilia M. Rodriguez from the action. On January 10, 202, Defendant filed its Answer. The parties filed a Notice of Settlement on February 8, 2022 and requested entry of judgment pursuant to Code of Civil Procedure section 998 on May 26, 2022. Judgment on was entered on May 27, 2022. Plaintiff filed the instant Motion for Attorney's Fees and Costs on July 26, 2022. Defendant filed an opposition on October 17...

Excerpt: ...dant Alexis Quezada (“Defendant”) on March 4, 2020. On August 26, 2021, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction the next day. (Order for Settlement and Dismissal, 08/27/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Set...