Excerpt: ...on a credit card debt. Plaintiff served Defendant, and when no response was made, the Court entered default judgment on February 17, 2023. This hearing is on Plaintiff's motion to set aside the default judgment. Plaintiff represents it recently learned Defendant was not a resident of the State of California and was not properly served. Plaintiff asks the Court to vacate the default judgment due to Plaintiff's counsel's mistake, inadvertence and e...

Excerpt: .... It is, of course, a bit of a dated term.) Plaintiff then brought these motions to compel and a motion to deem admitted. In opposition, defendant states that this was just a mistake caused by the fact that the lawyer who had been handling the case apparently messed up, but has since left the firm. Defendant contends that this is an anomaly, and that responses were served on 3/15/24, but plaintiff would not accept them as timely. In reply, plaint...

Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assault e...

Excerpt: ...9, they entered into a warranty contract with Defendant Toyota Motor Sales, U.S.A., Inc. (“Defendant”) regarding a 2019 Toyota Tacoma. Plaintiffs allege that defects and nonconformities to the warranty manifested themselves within the applicable express warranty period, including but not limited to exterior, structural, transmission, and engine issues. Plaintiffs allege they delivered the subject vehicle to an authorized Toyota repair facilit...

Excerpt: ...bly calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidenc...

Excerpt: ...urt directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Cheryl Redd...

Excerpt: ...s, Set One, and to Produce Responsive Documents; Request for Monetary Sanctions in the Amount of $2,822.50 The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Plaintiff is ordered to provide further responses to Defendant's First Set of Requests for Production of Documents, Requests Nos. 13, 15- 18, and 21-22, and to produce responsive documents thereto within 30 days. Plaintiff and his counsel of record are orde...

Excerpt: ...23, Defendants served written discovery on Plaintiff. (Lee Decls., ¶2.) On February 13, 2024, Defendants filed motions to compel Plaintiff's responses to Form Interrogatories and Demand for Production of Documents. No opposition has been filed. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely res...

Excerpt: ...EMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1 -50 inclusive 7 TENTATIVE RULING – COMPEL RESPONSES BACKGROUND ALL MOTIONS Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/20...

Excerpt: ...Park, LLC and Jeff Kwatinetz (hereafter, “Plaintiffs”), filed this motion to (1) compel Defendant and Cross - Complainant Azealia Banks (“Banks”) to appear at deposition for seven additional ho urs, (2) appointment of a discovery referee at Banks's expense, and (3) imposition of monetary sanctions against Banks in an amount not less than $10,000. The motion is unopposed.[1] II. DISCUSSION & LEGAL STANDARD a. Further Deposition Plaintiffs ...

Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

Excerpt: ...STANDARD California Code of Civil Procedure section 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court, rule 3.350, subdivisi...

Excerpt: ...t directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Matthew C. Mo...

Excerpt: ...ON Plaintiffs Alexa and Kim Gallegos (Gallegos Plaintiffs) and Plaintiff Angel Sanchez (Sanchez) are requesting an order from the Court to consolidate LASC Case Nos. 21STCV41026 (hereinafter “Gallegos Matter”) and 21STCV42588 (hereinafter “Sanchez Matter”). The two cases arise from a single motor vehicle collision on November 20, 2019. Sebastien Gallegos (Decedent) and Angel Sanchez were passengers in a vehicle driven by Eugene Oh. The ve...

Excerpt: ...h 21, 2021, Plaintiff Walters Wholesale Electric Co. (“Plaintiff Walters”) filed an action to foreclose mechanic's lien and to enforce stop payment notice (“Walters Action”) against Defendants Tobias Eugene Vargas (“Vargas”), Fred & Jamison LLC (“Jamison”), Evertrust Bank (“Bank”), and Inland Development Company. (“Inland”). On March 29, 2023, Plaintiff Walters filed the operative First Amended Complaint (“Walters FAC”...

Excerpt: ...t. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal....

Excerpt: ...mental Cross- Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of th...

Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...

Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...

Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...

Excerpt: ... Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is received. Notice may be given eithe...

Excerpt: ... Plaintiff's Requests for Production of Documents (“RFPs”), Set One, Nos. 1–31. TENTATIVE RULING: The unopposed motion is granted. Defendant to provide further code- compliant responses to Plaintiff's first set of RFPs, Request Nos. 1–31, within 30 days. The Court imposes sanctions against Defendant in the amount of $500.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Wh...