Excerpt: ...ions of Defendant/Cross-Complainant MARIA VELEZ's First Amended Cross-Complaint is DENIED. Opposing Party to give notice. This quiet title action was filed on January 27, 2022. On November 7, 2022, the subject First Amended Cross-Complaint (“FAXC”) was filed. The FAXC alleges the following relevant facts: “Since Cross-Complainant did not qualify to refinance the property in order to remove her husband's name from the mortgages as per the ju...

Excerpt: ...he alternative, summary adjudication, pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS PTS's objection nos. 1-5 are overruled. COMPLAINT This action is brought by Plaintiff Mario Tejado, against Defendant Premium Transport Staffing, Inc. who employed Plaintiff as a driver. Plaintiff had to care for his brother who experienced a medical emergency. When he returned on December 22, 2017, Plaintiff found he was no longer on the schedule. (Complaint, �...

Excerpt: ... III. Plaintiff I.H.'s motion to compel further responses from Defendant Garcia as to special interrogatories, set two, nos. 9-13 is DENIED. No sanctions. Opposing Party to give NOTICE. Plaintiff IH moves to compel further responses to interrogatories pursuant CCP § 2030.300. Plaintiffs' operative Second Amended Complaint (“SAC”) alleges that Plaintiff was a ninth-grade student at the Elizabeth Learning Center (“ELC”) during the 2018-201...

Excerpt: ...between you and Tameem Alhayya, M.D 2. All documents reflecting the payment of money by you to Tameem Alhayya, M.D. at any time since August 1, 2019; 3. All documents reflecting the basis for calculation or accrual of any amount of money by you to Tameem Alhayya, M.D_, at any time since August 1, 2019. "If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things befo...

Excerpt: ...efault or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written no...

Excerpt: ...nc. [and Defendant Granados and Defendant Southern California Edison, by joinder] moves to challenge Defendant Serrano's application for good faith determination pursuant to CCP S 877.6 Procedural History This is a consolidated action involving: 1) Carina Solares v. Lene Granados et al (Case No. 21STCV4604 — LEAD case); 2) Adriana Serrano v. Lexie Granados et al. (Case No. 21STCV39337); and 3) Lexie Granados v. Adriana Serrano (Case No. 21 STCV...

Excerpt: ...2.) Defendant's Objection No. 1 to the declaration of Powell is sustained. Except for specifically enumerated exceptions, the cnurt must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 2.) "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craio v. Brown & ...

Excerpt: ...dia's Objection Nos. 1-4 to Goines Declaration are overruled. Saadia's Objection Nos. 1-3 to Butler Declaration are overruled Saadia's Objection Nos. 1-2 to De Wit Declaration are overruled. Saadia's Objection No. 1 to Becerra Declaration is overruled Complaint The operative Secnnd Amended Complaint ("SAC") alleges the following relevant facts: "This action was initiated on March 5, 2021 and arises out of the scheme to violate Saadia's Right of F...

Excerpt: ...NTED without leave to amend in part Moving Party to give Notice. Plamtiffs' Request for Judicial Notice is DENIED. Judicial notice of discovery responses may be taken when the discovery responses contradict allegations in the pleading at issue. (Del Wphh v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-605.) The discovety responses of which Plamtiff seeks judicial notice does not contradict the allegations of the pleading; they simply p...

Excerpt: ... of $22, 116.97 is ordered as provided for by statute Moving Party to give Notice. No Oppositions filed as of March 28, 2023 Defendant applies for pre-judgment writs of attachment against Plaintiff TESUS, INC. in the amount of $22, 116.97, and against Plaintiff ABRAHAM CHO in the amount of $104, 126_44_ At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state th...

Excerpt: ...1. The relevant facts, as alleged in Plamtiffs' Complaint are as follows: Since December 2020, Defendants are the recorded owners of real property located at 4973 Deeboyer Ave„ Lakewood, CA ("Defendants' Property"). (Complaint Y2.) The Defendants' Property adjoms the Plaintiffs' Property located at 4969 Deeboyar Ave., Lakewood, CA ("Plaintiffs' Property'). "In or about July, 1996, Plaintiffs purchased the Plaintiffs' Property.... [T] At such ti...

Excerpt: ... upon terms it deems proper." (CCP 5425.160.) It is undisputed that the Special Motion to Strike at issue was filed one day late. Upon review of the Declaration of Paul S. Sienskl submitted in conjunction with the Moving Papers, and absent any prejudice to the opposing party, the Court finds good cause to consider the untimely filed Motion on its merits. This quiet title action was filed by Plamtiff/Cross-Defendant BLANCA E. ORTIZ ("Ortiz") on Au...

Excerpt: ...Company pursuant to B&P Code S 6068(e)_ A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter a...

Excerpt: ...o submit to arbitration an existing controversy or a cnntroversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract (CCP S 1281 The (nurt must grant the petition to cnmpel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived, grounds exist for revocation of the agreement; or litigation is pending that ...

Excerpt: ...o submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract (CCP S 1281 The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived, grounds exist for revocation of the agreement; or litigation is pending that ...

Excerpt: ...s") moves for summary judgment, or alternatively, summary adjudication pursuant to CCP S 437c COMPLAINT The operative Fourth Amended Complaint (U4AC") alleges that on December 4, 2017, Decedent Gilbert Dominguez was working at a trucking terminal owned and operated by Defendants Estes Terminals. "Without warning, a yellow 2014 ACTT terminal-tractor___ driven by another employee began to reverse towards Decedent Partially because the subject tract...

Excerpt: ...Century Law Group: “(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced against the defendant…” (CCP § 583.420.) Plaintiff Essien filed the...

Excerpt: ...ace Lutheran to give NOTICE. As an initial matter, the court accepts Defendants' late memoranda and finds that Plaintiff was not prejudiced because the court fully considered Plaintiff's oppositions. I. Peace Lutheran's Motion Defendant Peace Lutheran Church, Incorporated, of South Gate, California (“Peace Lutheran”) moves to set aside its default pursuant to CCP §§ 473 and 473.5. “The court may, upon any terms as may be just, relieve a p...

Excerpt: ...fically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP § 1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or sta...

Excerpt: ...endant VTA Consulting Engineers, Inc. generally demurs to cross- complaint and all causes of action. This is an action for indemnity and contribution filed by Plaintiff Galvanco Builders (“Galvanco”) against Defendants Roger Moore, L-A Electric, Catt Plumbing, Inc., and VTA Consulting Engineers. In 2017, Galvanco was hired by Monarch Trading, LLC and Fiesta Foods, LLC (collectively Monarch) to build several cooler rooms. Galvanco retained Def...

Excerpt: ...servations and pay separate filing fees. Combining multiple motions under the guise of one motion with one hearing reservation manipulates the Court Reservation System and unfairly jumps ahead of other litigants. Moreover, combining motions to avoid payment of separate filing fees deprives the Court of filing fees it is otherwise entitled to collect. Be that as it may, in the interests of judicial efficiency, the Court will exercise its discretio...

Excerpt: ... that an advertisement outside of a Target store in Lakewood, California depicted Plaintiff's 25- year-old son without either her or her son's permission. Plaintiff further alleges that the advertisement has caused her to be harassed, followed home from work, receive unwanted phone calls, and have her photos taken by strangers. Plaintiff alleges that this has caused her to isolate, seek therapy, take medication, and suffer personal injuries. Plai...