Excerpt: ...AINTIFF'S COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $540.00 TO DEFENSE COUNSEL WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: Plaintiff Heuston Carcamo (“Plaintiff”) filed the instant action for breach of settlement agreement against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) June 3, 2022. Defendant answered the Complaint on July 26, 2022. On December 6, 2022, Defendant filed the instant ...

Excerpt: ... Defendant Unified Life Insurance Company (“Defendant”) on April 13, 2021. Defendant filed an Answer on June 9, 2021. On October 26, 2021, the action was reassigned to the Limited Jurisdiction Court. On October 10, 2022, Defendant filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on December 8, 2022. Discussion The Complaint alleges causes of action for quantum meruit and breach of implied contract based on the foll...

Excerpt: ... (“Defendants”). Defendants filed the instant Demurrer to the Complaint on October 21, 2022. Plaintiffs filed an opposition on November 3, 2022 and Defendants replied on November 8, 2022. Discussion The Complaint alleges causes of action for (1) fraud; (2) conspiracy to defraud; (3) breach of fiduciary duty; and (4) conversion. Defendants demur to the Complaint for failure to allege facts sufficient to state a cause of action. (Citing Code Ci...

Excerpt: ...gree, or provide a list of three referees from which the Court will select the referee. Hearing on Appointment of Discovery Referee is CONTINUED TO JANUARY 17, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Procedural History Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendan...

Excerpt: ...amages on August 15, 2022. No opposition has been filed to date. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Procedure section 436. The Motion is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 435.5. (Motion, Palmer Decl., ¶¶3-4.) Defendant moves to strike the allegations and prayer for punitive damages on the grounds tha...

Excerpt: ...fendant Doris Anderson (“Defendant”). Defendant filed the instant response to the Petition, entitled “Demurrer to Plaintiff's Complaint” on June 16, 2022. However, the “Demurrer” is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court will treat the Motion as one for judgment on the pleadings. The Motion for Judgment on the Pleadings initially ...

Excerpt: ...inst Judgment Debtor Nathaniel D. Hayes (“Judgment Debtor”). The Application for Entry of Sister-State Judgment and Notice of Entry of Judgment were personally served on Judgment Debtor on August 25, 2022. (Proof of Service, filed 10/10/22.) On October 12, 2022, Judgment Debtor filed the instant Motion to Vacate Sister State Judgment. Judgment Creditor filed an opposition on October 28, 2022. The Motion was initially set for hearing on Novemb...

Excerpt: ... Enterprises, Inc. (“Plaintiff”) filed the instant action challenging a citation issued against it by the California Department of Public Health (“Defendant”) on June 22, 2020. Defendant CDPH filed an Answer on September 15, 2020. On December 3, 2021, Plaintiff filed another action against Defendant, in LASC Case No. 21STLC08555. Defendant filed the instant Motion to Consolidate the actions on November 7, 2022. Plaintiff filed an oppositi...

Excerpt: ...igue Law Group (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendant Maria A. Gonzalez, by and through her Guardian Ad Litem, Rosie Samples (“Defendant”) on December 7, 2021. Defendant answered on March 4, 2022 and filed the instant Motion for Judgment on the Pleadings on November 21, 2022. Plaintiff filed an opposition on December 8, 2022 and Defendant replied on December 12, 2022. Legal Standard The s...

Excerpt: ...st Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. The Petition initially came for hearing on October 20, 2022 and was continued to allow Petitioner to demonstrate proper service of the papers on Respondents. Petitioner filed a proof of service on the same date, then a declaration regarding service on November 10, 2022, and a Notice of Petition and proof of service on November 15, 2022. No r...

Excerpt: ...(“Defendant”). Defendant filed the instant response to the Petition, entitled “Demurrer to Plaintiff's Complaint” on June 16, 2022. However, the “Demurrer” is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court will treat the Motion as one for judgment on the pleadings. The Motion for Judgment on the Pleadings initially came for hearing on Jul...

Excerpt: ... Jerry Hilarie (“Defendant”) on December 9, 2021. Defendant filed an Answer on January 10, 2022 and an Amended Answer on February 17, 2022. Plaintiff filed a Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant on April 13, 2022. On June 6, 2022, the Court granted the Motion to Deem Requests for Admission Admitted and Request for Sanctions against Defendant. (Minute Order, 06/06/22.) Plaintiff filed the i...

Excerpt: ...vember 15, 2021, Defendant filed a noticed Motion for Non-suit, which was set to be heard on February 28, 2022. When Plaintiff failed to appear at trial on January 25, 2022, the Court dismissed the Complaint without prejudice and the hearing on the Motion for Non-suit was vacated. (Minute Order, 01/25/22.) On March 16, 2022, the Court granted Plaintiff's Motion to Vacate Dismissal, re-set Defendant's Motion for Non-suit to July 13, 2022, and set ...

Excerpt: ...g was filed on July 27, 2022. The Petition initially came for hearing on September 19, 2022 and was continued to allow Petitioner to correct certain defects. (Minute Order, 09/19/22.) Petitioner filed a Supplemental Petition and Proof of Service on October 6, 2022. 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 ...

Excerpt: ...Defendants Daisy Perez and Jorge Perez (“Defendants”). Plaintiffs filed proofs of substitute service of the Summons and Complaint on April 17, 2019. When Defendants failed to file a responsive pleading, Plaintiff obtained their default on May 12, 2020 and default judgment on July 8, 2021. On November 1, 2022, Defendants filed the instant Motion to Vacate Default and Default Judgment, and Motion to Quash Service. No opposition has been filed t...

Excerpt: ...quest for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeiture against Defendant Google, LLC (“Defendant”). Defen...

Excerpt: ...el Mena Juarez (“Defendant”) and Pedro Mena Hernandez on January 29, 2021. On March 8, 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 on the same date. (Order for Settlement and Dismissal, filed 03/08/22.) Plaintiff filed the instant Motion t...

Excerpt: ...led a First Amended Complaint against Defendants SES Builders, Inc. (“Defendant SES”), Eliram Eliran Susan (“Defendant Susan”), Nik F. Nikoukar (“Defendant Nikoukar”), and Sarvenaz Angha (“Defendant Angha”). On July 14, 2022, the Court sustained Defendants SES, Nioukar, and Angha's Demurrers to the First Amended Complaint with 20 days leave to amend. (Minute Order, 07/14/22.) Plaintiff filed a Second Amended Complaint solely again...

Excerpt: ...1 AND ENTERS DEFENDANTS' DEFAULT. PLAINTIFF IS TO FILE A REQUEST FOR DEFAULT JUDGMENT WITHIN 20 DAYS OF THIS ORDER. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Westlake Service, LLC dba Westlake Financial Services (“Plaintiff”) filed the instant action against Defendants Momentum Auto Group, LLC dba Momentum Auto Group and Damon Young aka Damon Ronald Young (“Defendants”) on August 25, 2021. Defendants filed an Answe...

Excerpt: ...do's default was entered on December 8, 2021. Defendant Ovando, in properia persona, filed the instant Motion to Vacate Default and Default Judgment on February 23, 2022. An opposition was filed on May 31, 2022, which the Court did not have an opportunity to review before the hearing on June 2, 2022. At the hearing, the Court continued the matter to December 2, 2022, finding that the Motion was not accompanied by a proof of service. (Minute Order...

Excerpt: ...��Defendant”) on April 4, 2022. Defendant filed an Answer in properia persona on May 12, 2022. On September 12, 2022, 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 indemnity agreement. Plaintiff alleges that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100221035, is...

Excerpt: ...te. Discussion The Complaint asserts causes of action for (1) breach of contract; (2) unfair business practices; and (3) defamation. Defendant demurs to each cause of action in the Complaint for failure to allege sufficient facts to state a cause of action and as barred by the statute of limitations. (Code Civ. Proc., § 430.10, subd. (e).) The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section...

Excerpt: ...t, the Court entered their default on December 18, 2019 and default judgment on July 2, 2021. On August 30, 2022, the Court granted Defendant Bademyan's Motion to Vacate Default and Default Judgment. (Minute Order, 08/30/22.) Upon order of the court, Defendant Bademyan's proposed Answer to the Complaint was filed on the same date. (Ibid.) Defendant Bademyan then filed the instant Demurrer to the Complaint on September 1, 2022. The Court ordered t...

Excerpt: ...ada (“Defendant”). Defendant filed the instant Demurrer to the Complaint and Motion to Strike Complaint on October 25, 2022. Plaintiff filed oppositions on November 8, 2022 and Defendant replied on November 9, 2022. Discussion Initially, the Court notes that the Demurrer to the Complaint and Motion to Strike Complaint are brought on the same grounds: failure to allege sufficient facts to support the request for punitive damages. (Demurrer, pp...

Excerpt: ...ndominium Association (“Plaintiff”) and against Defendants William J. Miscione and Diane T. Miscione (“Defendants”). Pursuant to Plaintiff's Application for Entry of Sister State Judgment, on November 21, 2016, this court entered judgment against Defendants in the amount of $9,816.90. On February 1, 2018, Plaintiff filed a Motion for Award of Attorney's Fees and Costs, which the Court granted on March 5, 2018 in the amount of $4,354.50. (...

Excerpt: ..., 2022. ANALYSIS: Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) 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 Septembe...

Excerpt: ... DO SO MAY RESULT IN THE PETITION BEING DISMISSED. 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 t...

Excerpt: ...APC's Motion for Order Compelling Further Responses to Request for Admissions, Set One is GRANTED AS TO NOS. 1 AND 2. DEFENDANT GOOGLE, LLC IS TO SERVE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, NO. 1, AND REQUEST FOR ADMISSIONS, SET ONE, NOS. 1 AND 2, WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: On August 20, 2021, Plaintiff Law Offices of Rafi Moghadam, APC (“Plaintiff”) filed this action for damages and forfeitu...

Excerpt: ...Defendant filed the instant Motion to Strike Portions of Complaint on August 29, 2022. Plaintiff filed an untimely opposition on November 16, 2022 and Defendant replied on November 21, 2022. To the extent Defendant was able to file a substantive reply to the opposition, the Court finds no prejudice from it being untimely. Discussion Defendant brings the instant Motion to Strike Plaintiff's request for punitive damages pursuant to Code of Civil Pr...

Excerpt: ... California Department of Public Health. (“Defendant CDPH”) and others on August 17, 2021. Defendant CDPH filed an Answer on September 16, 2021. On October 10, 2022, Defendant CDPH filed a Notice of Related Case with respect to Lakeview Terrace Skilled Nursing Facility, LLC dba Lakeview Terrace v. California Department of Public Health of the State of California, et.al., LASC Case No. 21STLC07031. Defendant CDPH filed the instant Motion to Co...

Excerpt: ...n 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 October 20, 2022, Defendants filed the instant Demurrers to the Complaint. Plaintiff filed oppositions on October 25, 2022 and Defendants replied on November 7, 2022. Discussion The Complaint alleges the follow...

Excerpt: ...(erroneously sued as Diaz Bros Trucking) (“Defendant”) on June 30, 2021. Defendant filed an Answer on August 18, 2021. Plaintiff's request for entry of default, filed on August 24, 2021, was rejected due to the filing of the Answer. On September 9, 2022, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date. Discussion The Complaint alleges causes of action for breach of express contract and breach of i...

Excerpt: ...NG DISMISSED. ANALYSIS: Petitioner Forward Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Chloe's Outlet Corporation dba Chloe's Discount Outlet (“Respondent Chloe's Outlet”) and Evelin Andino (“Respondent Andino”) on July 18, 2022. 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 conf...

Excerpt: ...ENT PER ANNUM FROM THE 30TH DAY AFTER SERVICE OF THE AWARD. RESPONDENTS TO FILE PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On April 26, 2022, Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondents Erina Gilerman (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). No proof of service of the Petition or Not...

Excerpt: ... 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 for Judgment on the Plea...

Excerpt: ...OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. RELIEF REQUESTED: Grant Non-suit in Defendant's favor because the Complaint was indisputably filed after expiration of the statute of limitations. OPPOSITION: The Complaint was timely e-filed but rejected without explanation. Plaintiff re-filed as soon as possible after the rejection but after the st...

Excerpt: ... of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK BACKGROUND: Action for violation of Consumer Legal Remedies Act, misrepresentation and unfair competition. Cross-action for promissory fraud and quantum meruit. REQUEST FOR RELIEF: Continue hearing on motion to reclassify in order to allow Plaintiff to complete discovery and properly oppose Defendants' claim for damages....

Excerpt: ...ESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS (CCP § 2033.280) SERVICE OF MOTION: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract. RELIEF REQUESTED: Deem Requests for Admission, Set One, served on Defendant Charles San Nicholas on May 12, 2022, admitted. Award Plaintiff Garcia sanctions of $260.00. ...

Excerpt: ...C 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for breach of contract. RELIEF REQUESTED: Vacate the renewal of judgment as improperly entered. The record shows that the earlier applications to renew the judgment were rejected because the time to renew had expired. Plaintiff also failed to served Defendants with the notice of renewal, as required and repeatedly has f...

Excerpt: ...SERVICE: [X] Proof of Service Timely Filed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for automobile subrogation. RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendant pursuant to the terms of the parties' settlement agreement. OPPOSITION: None filed as of October 28, 2022. REPLY: None filed as of October 28, 2022. TENTATIVE RULIN...

Excerpt: ...QUEST FOR PRODUCTION AND REQUEST FOR SANCTIONS (CCP §§ 2031.310, 2023.010) SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005 (b)) OK SUMMARY OF COMPLAINT: Action for motor vehicle negligence. REQUEST FOR RELIEF: Compel Defendant to produce the statement given to the insurance claims adjuster after the accident. By informing Plaintiff's c...

Excerpt: ...ed (CRC 3.1300) OK [X] Correct Address (CCP 1013, 1013a) OK [X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK SUMMARY OF COMPLAINT: Action for Retaliation in Violation of the California Fair Employment and Housing Act; and Retaliation in Violation of California Labor Code section 1102.5. REQUEST FOR RELIEF: Grant summary judgment, or adjudication, in Defendant's favor. Plaintiff's alleged oral complaints and emails were not protected activities, nor ...

Excerpt: ...TION NOTICE, REQUEST NOS. 4-9. BOTH PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. ANALYSIS: Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) 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”) an...

Excerpt: ...Defendant”) on April 8, 2020. On September 22, 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. (Order Re Settlement, 09/22/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on Se...

Excerpt: ...�Defendant”) on January 5, 2021. Defendant filed an Answer on March 2, 2021. On June 13, 2022, the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted against Defendants. (Minute Order, 06/13/22.) Plaintiff filed the instant Motion for Judgment on the Pleadings against Defendant on June 29, 2022. Defendant filed an opposition on July 11, 2022. Legal Standard The standard for ruling on a motion for judgment on the pleadings ...

Excerpt: ...ON'S PETITION TO VACATE ARBITRATION AWARD IS DENIED. THE ARBITRATION AWARD IS CONFIRMED IN FAVOR OF VALENSI ROSE, PLC IN THE AMOUNT OF $ $18,204.38. ACCORDINGLY, VALENSI ROSE, PLC'S PETITION TO CONFIRM ARBITRATION AWARD IS GRANTED. VALENSI ROSE, PLC IS TO FILE A PROPOSED JUDGMENT WITHIN TEN DAYS OF THIS ORDER. ANALYSIS: On May 4, 2022, Laura Iris Olson (“Olson”) filed the instant Petition to Vacate Arbitration Award against Valensi Rose, PLC ...

Excerpt: ...ion Pursuant to Civil Code section 798.88 against Alejandra Sierra Salazar (“Respondent”) on July 1, 2022. No response has been filed to date. Discussion Petitioner moves 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”), located at 20315 Denker Avenue, Torrance, California. These violations pertain to Space 7 of t...

Excerpt: ...r vehicle negligence against Defendants Roboam Arquella (erroneously sued as Roboan Arqueta) and Jose Luiz Lopez (“Defendants”) on February 5, 2021. Defendants filed an Answer on March 9, 2021. On June 30, 2022 the Court deemed this action related to Alliance United Insurance v. Roboam Osorino Arguello, et al., Los Angeles Superior Court Case No.: 22STLC01889 (“LASC Case No. 22STLC01889”). Both cases are assigned to Department 26 in the S...

Excerpt: ...endant”) on March 17, 2020. On May 28, 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. (Order Re Settlement, 05/28/21.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment on September ...

Excerpt: ...rd Financing, LLC (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondents Rexx Cummings and Wel Kom, LLC dba The Vendor Central (“Respondents”) on June 15, 2022. 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 as respondent all parties to the arbitrat...